[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3671 Reported in Senate (RS)]

                                                       Calendar No. 945
106th CONGRESS
  2d Session
                                H. R. 3671

                          [Report No. 106-495]


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 6, 2000

 Received; read twice and referred to the Committee on Environment and 
                              Public Works

            October 10 (legislative day, September 22), 2000

       Reported by Mr. Smith of New Hampshire, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 AN ACT


 
  To amend the Acts popularly known as the Pittman-Robertson Wildlife 
 Restoration Act and the Dingell-Johnson Sport Fish Restoration Act to 
enhance the funds available for grants to States for fish and wildlife 
   conservation projects and increase opportunities for recreational 
 hunting, bow hunting, trapping, archery, and fishing, by eliminating 
     opportunities for waste, fraud, abuse, maladministration, and 
  unauthorized expenditures for administration and execution of those 
                     Acts, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Wildlife and Sport Fish 
Restoration Programs Improvement Act of 2000''.</DELETED>

<DELETED>SEC. 2. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (1) Wildlife restoration act.--The term ``Wildlife 
        Restoration Act'' means the Act of September 2, 1937 (chapter 
        899; 16 U.S.C. 669 et seq.), popularly known as the Federal Aid 
        in Wildlife Restoration Act and as the Pittman-Robertson 
        Wildlife Restoration Act.</DELETED>
        <DELETED>    (2) Sport fish restoration act.--The term ``Sport 
        Fish Restoration Act'' means the Act of August 9, 1950 (chapter 
        658; 16 U.S.C. 777 et seq.), popularly known as the Federal Aid 
        in Fish Restoration Act and as the Dingell-Johnson Sport Fish 
        Restoration Act.</DELETED>

            <DELETED>TITLE I--WILDLIFE RESTORATION</DELETED>

<DELETED>SEC. 101. EXPENDITURES FOR ADMINISTRATION.</DELETED>

<DELETED>    (a) Annual Set-Aside for Administration.--Section 4 of the 
Wildlife Restoration Act (16 U.S.C. 669c) is amended--</DELETED>
        <DELETED>    (1) by redesignating subsection (b) as subsection 
        (c);</DELETED>
        <DELETED>    (2) by amending so much as precedes the second 
        sentence of subsection (a) to read as follows:</DELETED>

 <DELETED>``allocation and apportionment of available amounts</DELETED>

<DELETED>    ``Sec. 4. (a) Set-Aside for Administration.--(1)(A) Of the 
revenues (excluding interest accruing under section 3(b)) covered into 
the fund, the Secretary may use up to the amount specified in 
subparagraph (B) for expenses to administer this Act, in accordance 
with this subsection and section 9.</DELETED>
<DELETED>    ``(B) The amount referred to in subparagraph (A) is the 
following:</DELETED>
        <DELETED>    ``(i) In fiscal year 2001, $7,090,000.</DELETED>
        <DELETED>    ``(ii) In fiscal year 2002, $6,710,000.</DELETED>
        <DELETED>    ``(iii) In fiscal year 2003, $6,330,000.</DELETED>
        <DELETED>    ``(iv) In fiscal year 2004 and each fiscal year 
        thereafter--</DELETED>
                <DELETED>    ``(I) the amount available for the 
                preceding fiscal year, plus</DELETED>
                <DELETED>    ``(II) an amount to reflect the change in 
                the consumer price index over the preceding fiscal 
                year, which shall be determined by the Secretary of the 
                Treasury by multiplying such change times the amount 
                available for the preceding fiscal year.</DELETED>
<DELETED>    ``(2)(A) The amount authorized to be used by the Secretary 
under paragraph (1) each fiscal year shall remain available for 
obligation for such use until the expiration of that fiscal year. 
Within 60 days after that fiscal year, the Secretary shall apportion 
among the States any of the amount that remains unobligated at the end 
of the fiscal year, on the same basis and in the same manner as other 
amounts authorized by this Act are apportioned among the States for the 
fiscal year in which the apportionment is made.</DELETED>
<DELETED>    ``(B) Within 30 days after the end of each fiscal year, 
the Secretary shall--</DELETED>
        <DELETED>    ``(i) certify in writing to the Secretary of the 
        Treasury and to each State fish and game department--</DELETED>
                <DELETED>    ``(I) the amount apportioned under 
                subparagraph (A) to each State in the most recent 
                apportionment under that subparagraph; and</DELETED>
                <DELETED>    ``(II) amounts obligated by the Secretary 
                during the fiscal year for administration of this Act; 
                and</DELETED>
        <DELETED>    ``(ii) publish in the Federal Register the amounts 
        so certified.</DELETED>
<DELETED>    ``(b) Apportionment to States.--''; and</DELETED>
        <DELETED>    (3) in subsection (b), as designated by the 
        amendment made by paragraph (2), by striking ``after making the 
        aforesaid deduction, shall apportion, except as provided in 
        subsection (b) of this section,'' and inserting ``after 
        deducting the amount authorized to be used 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''.</DELETED>
<DELETED>    (b) Requirements and Restrictions Regarding Use of Amounts 
for Administration.--Section 9 of the Wildlife Restoration Act (16 
U.S.C. 669h) is amended to read as follows:</DELETED>

 <DELETED>``requirements and restrictions regarding use of amounts for 
                        administration</DELETED>

<DELETED>    ``Sec. 9. (a) Authorized Administrative Costs.--The 
Secretary may use amounts under section 4(a)(1) only for administration 
expenses that directly support the implementation of this Act and that 
consist of any of the following:</DELETED>
        <DELETED>    ``(1) Personnel costs of any employee who directly 
        administers this Act on a full-time basis.</DELETED>
        <DELETED>    ``(2) Personnel costs of any employee who directly 
        administers this Act on a part-time basis for at least 20 hours 
        each week, not to exceed the portion of such costs incurred 
        with respect to the work hours of such employee during which 
        the employee directly administers this Act, as such hours are 
        certified by the supervisor of the employee.</DELETED>
        <DELETED>    ``(3) Support costs directly associated with 
        personnel costs authorized under paragraphs (1) and (2) of this 
        subsection not including costs associated with staffing and 
        operation of regional offices of the United States Fish and 
        Wildlife Service and the Department of the Interior, other than 
        for purposes of this Act.</DELETED>
        <DELETED>    ``(4) Costs of determining under section 6(a) 
        whether State comprehensive plans and projects are substantial 
        in character and design.</DELETED>
        <DELETED>    ``(5) Overhead costs, including general 
        administrative services, that are directly attributable to 
        administration of this Act based on--</DELETED>
                <DELETED>    ``(A) actual costs, as determined by a 
                direct cost allocation methodology approved by the 
                Director of the Office of Management and Budget for use 
                by Federal agencies; and</DELETED>
                <DELETED>    ``(B) for those costs not determinable 
                pursuant to subparagraph (A), an amount per full-time 
                equivalent employee authorized pursuant to paragraphs 
                (1) and (2) that does not exceed the amount charged or 
                assessed for such costs per full-time equivalent 
                employee for any other division or program of the 
                United States Fish and Wildlife Service.</DELETED>
        <DELETED>    ``(6) Costs incurred in auditing the wildlife and 
        sportfish activities of each State fish and game department and 
        the use of funds under section 6 by each State fish and game 
        department every 5 years.</DELETED>
        <DELETED>    ``(7) Costs of audits under subsection 
        (d).</DELETED>
        <DELETED>    ``(8) Costs of necessary training of Federal and 
        State full-time personnel who administer this Act to improve 
        administration of this Act.</DELETED>
        <DELETED>    ``(9) Costs of travel to the States, territories, 
        and Canada by personnel who administer this Act on a full-time 
        basis for purposes directly related to administration of State 
        programs or projects, or who administer grants under section 6, 
        section 10, or section 11.</DELETED>
        <DELETED>    ``(10) Costs of travel outside of the United 
        States (except travel to Canada) that relates directly to 
        administration of this Act and that is approved directly by the 
        Assistant Secretary for Fish and Wildlife and Parks.</DELETED>
        <DELETED>    ``(11) Relocation expenses for personnel who, 
        after relocation, will administer this Act on a full-time basis 
        for at least 1 year, as certified by the Director of the United 
        States Fish and Wildlife Service at the time such relocation 
        expenses are incurred.</DELETED>
        <DELETED>    ``(12) Costs to audit, evaluate, approve, 
        disapprove, and advise concerning grants under section 6, 
        section 10, or section 11.</DELETED>
<DELETED>    ``(b) Unauthorized Costs.--Use of funds for a cost to 
administer this Act shall not be authorized because the cost is not 
expressly prohibited by this Act.</DELETED>
<DELETED>    ``(c) Restriction on Use To Supplement General 
Appropriations.--The Secretary may not use amounts under section 
4(a)(1) to supplement any function for which general appropriations are 
made for the United States Fish and Wildlife Service or any other 
entity of the Department of the Interior.</DELETED>
<DELETED>    ``(d) Audit Requirement.--(1) The Inspector General of the 
Department of the Interior shall procure the conduct of biennial 
audits, in accordance with generally accepted accounting principles, of 
expenditures of amounts used by the Secretary for administration of 
this Act.</DELETED>
<DELETED>    ``(2) Audits under this subsection shall be performed 
under contracts that are awarded under competitive procedures (as that 
term is defined in section 4 of the Office of Federal Procurement 
Policy Act (41 U.S.C. 403)), by a person that is not associated in any 
way with the Department of the Interior.</DELETED>
<DELETED>    ``(3) The auditor selected pursuant to paragraph (1) shall 
report to, and be supervised by, the Inspector General of the 
Department of the Interior, except that the auditor shall submit a copy 
of the biennial audit findings to the Secretary at the time such 
findings are submitted to the Inspector General of the Department of 
the Interior.</DELETED>
<DELETED>    ``(4) The Inspector General of the Department of the 
Interior shall promptly report to the Committee on Resources of the 
House of Representatives and the Committee on Environment and Public 
Works of the Senate on the results of each such audit.</DELETED>
<DELETED>    ``(e) Certification by Secretary.--(1) The Secretary shall 
within 3 months after each fiscal year certify in writing to the 
Committee on Resources of the House of Representatives and the 
Committee on Environment and Public Works of the Senate the following 
for the fiscal year:</DELETED>
        <DELETED>    ``(A) The amount of funds used under section 
        4(a)(1) and a breakdown of categories for which such funds were 
        expended.</DELETED>
        <DELETED>    ``(B) The amount of funds apportioned to States 
        under section 4(a)(2).</DELETED>
        <DELETED>    ``(C) The results of the audits performed pursuant 
        to subsection (d).</DELETED>
        <DELETED>    ``(D) That all funds expended under section 
        4(a)(1) were necessary for administration of this 
        Act.</DELETED>
        <DELETED>    ``(E) The Secretary, the Assistant Secretary for 
        Fish and Wildlife and Parks, the Director of the United States 
        Fish and Wildlife Service, and the Assistant Director for 
        Wildlife and Sport Fish Restoration Programs each properly 
        discharged their duties under this Act.</DELETED>
<DELETED>    ``(2) The Secretary may not delegate the responsibility to 
make certifications under paragraph (1) except to the Assistant 
Secretary for Fish and Wildlife and Parks.</DELETED>
<DELETED>    ``(3) Within 60 days after the start of each fiscal year, 
the Assistant Director for Wildlife and Sport Fish Restoration Programs 
shall provide to the Committee on Resources of the House of 
Representatives and the Committee on Environment and Public Works of 
the Senate the following for the fiscal year:</DELETED>
        <DELETED>    ``(A) The amount of funds that will be expended in 
        the fiscal year under section 4(a)(1) and a breakdown of 
        categories for which such funds will be expended.</DELETED>
        <DELETED>    ``(B) A description of how the funds to be 
        expended are necessary for administration of this 
        Act.</DELETED>
<DELETED>    ``(4) The Secretary shall promptly publish in the Federal 
Register each certification under this subsection.</DELETED>
<DELETED>    ``(f) Certification by Assistant Director for Wildlife and 
Sport Fish Restoration Programs.--Within 1 month after the end of each 
fiscal year, the Assistant Director for Wildlife and Sport Fish 
Restoration Programs shall--</DELETED>
        <DELETED>    ``(1) certify that--</DELETED>
                <DELETED>    ``(A) all amounts expended in that fiscal 
                year to administer this Act in agency headquarters and 
                in regional offices of the United State Fish and 
                Wildlife Service were used in accordance with this Act; 
                and</DELETED>
                <DELETED>    ``(B) all such expenditures were necessary 
                to administer this Act; and</DELETED>
        <DELETED>    ``(2) distribute such certifications to each State 
        fish and game department.''.</DELETED>

<DELETED>SEC. 102. FIREARM AND BOW HUNTER EDUCATION AND SAFETY PROGRAM 
              GRANTS.</DELETED>

<DELETED>    The Wildlife Restoration Act is amended by redesignating 
section 10 as section 12, and by inserting after section 9 the 
following:</DELETED>

    <DELETED>``firearm and bow hunter education and safety program 
                            grants</DELETED>

<DELETED>    ``Sec. 10. (a) In General.--Of the revenues covered into 
the fund in each fiscal year, $15,000,000, less the amount used under 
section 4(a) and the amount granted under section 11(a)(1), shall be 
apportioned among the States in the manner specified in section 4(b) by 
the Secretary for the following:</DELETED>
        <DELETED>    ``(1) Grants to States for the enhancement of 
        hunter education programs, hunter and sporting firearm safety 
        programs, and hunter development programs.</DELETED>
        <DELETED>    ``(2) Grants for the enhancement of interstate 
        coordination and development of hunter education and shooting 
        range programs.</DELETED>
        <DELETED>    ``(3) Grants to States for the enhancement of bow 
        hunter and archery education, safety, and development 
        programs.</DELETED>
        <DELETED>    ``(4) Grants to States for the enhancement of 
        construction or development of firearm shooting ranges and 
        archery ranges, and updating safety features of firearm 
        shooting ranges and archery ranges.</DELETED>
<DELETED>    ``(b) Cost-Sharing.--The Federal share of the cost of any 
activity carried out with a grant under this section may not exceed 75 
percent of the total cost of the activity and the remainder of the cost 
shall come from a non-Federal source.</DELETED>
<DELETED>    ``(c) Period of Availability; Reapportionment.--Amounts 
available under this subsection shall remain available for 1 fiscal 
year, after which all unobligated balances shall be apportioned among 
the States in the manner specified in section 4(b).''.</DELETED>

<DELETED>SEC. 103. MULTI-STATE CONSERVATION GRANT PROGRAM.</DELETED>

<DELETED>    The Wildlife Restoration Act is further amended by 
inserting after section 10 the following:</DELETED>

      <DELETED>``multi-state conservation grant program</DELETED>

<DELETED>    ``Sec. 11. (a) In General.--(1) Up to $2,500,000 of the 
revenues covered into the fund each fiscal year shall be available to 
the Secretary for making multi-State conservation grants in accordance 
with this section.</DELETED>
<DELETED>    ``(2) Amounts available under this subsection shall remain 
available for 2 fiscal years, after which all unobligated balances 
shall be apportioned in the manner specified in section 4(b).</DELETED>
<DELETED>    ``(b) Selection of Projects.--(1) A project shall not be 
eligible for a grant under this section unless it will benefit at least 
26 States, a majority of the States in a region of the United States 
Fish and Wildlife Service, or a regional association of State fish and 
game departments.</DELETED>
<DELETED>    ``(2) The Secretary may award grants under this section 
based only on a priority list of wildlife restoration projects prepared 
and submitted by State fish and game departments acting through the 
International Association of Fish and Wildlife Agencies each fiscal 
year in accordance with paragraph (3).</DELETED>
<DELETED>    ``(3)(A) The International Association of Fish and 
Wildlife Agencies shall--</DELETED>
        <DELETED>    ``(i) prepare each priority list through a 
        committee comprised of the heads of State fish and game 
        departments (or their designees);</DELETED>
        <DELETED>    ``(ii) approve each priority list by a majority of 
        the heads of all State fish and game departments (or their 
        designees); and</DELETED>
        <DELETED>    ``(iii) submit each priority list by not later 
        than October 1 of each fiscal year to the Assistant Director 
        for Wildlife and Sport Fish Restoration Programs, who shall 
        accept such list on behalf of the Secretary.</DELETED>
<DELETED>    ``(B) In preparing any priority list under this paragraph, 
the International Association of Fish and Wildlife Agencies shall 
consult with nongovernmental organizations that represent conservation 
organizations, sportsmen organizations, and industries that support or 
promote hunting, trapping, recreational shooting, bow hunting, or 
archery.</DELETED>
<DELETED>    ``(4) The Assistant Director for Wildlife and Sport Fish 
Restoration Programs shall publish in the Federal Register each 
priority list submitted under this subsection.</DELETED>
<DELETED>    ``(c) Eligible Grantees.--(1) The Secretary may make a 
grant under this section only to--</DELETED>
        <DELETED>    ``(A) a State or group of States; or</DELETED>
        <DELETED>    ``(B) subject to paragraph (2), a nongovernmental 
        organization.</DELETED>
<DELETED>    ``(2) Any nongovernmental organization applying for a 
grant under this section shall submit with the application to the 
International Association of Fish and Wildlife Agencies a certification 
that the organization does not promote or encourage opposition to 
regulated hunting or trapping of wildlife, and will use any funds 
awarded pursuant to this section in compliance with subsection 
(d).</DELETED>
<DELETED>    ``(3) Any nongovernmental organization that is found to 
promote or encourage opposition to regulated hunting or trapping of 
wildlife or does not use funds in compliance with subsection (d) shall 
return all funds received and be subject to any other penalties under 
law.</DELETED>
<DELETED>    ``(d) Use of Grants.--Amounts provided as a grant under 
this section may not be used for education, activities, projects, or 
programs that promote or encourage opposition to regulated hunting or 
trapping of regulated wildlife.</DELETED>
<DELETED>    ``(e) Clarification.--No activities undertaken by the 
personnel of State fish and game departments under this section shall 
constitute advice or recommendations for one or more agencies or 
officers of the Federal Government.''.</DELETED>

<DELETED>SEC. 104. MISCELLANEOUS PROVISIONS.</DELETED>

<DELETED>    Section 5 of the Wildlife Restoration Act (16 U.S.C. 669d) 
is amended by inserting ``, at the time such deduction or apportionment 
is made'' after ``he has apportioned to each State''.</DELETED>

          <DELETED>TITLE II--SPORT FISH RESTORATION</DELETED>

<DELETED>SEC. 201. EXPENDITURES FOR ADMINISTRATION.</DELETED>

<DELETED>    (a) Annual Set-Aside for Administration.--Section 4(d) of 
the Sport Fish Restoration Act (16 U.S.C. 777c(d)) is amended to read 
as follows:</DELETED>
<DELETED>    ``(d)(1)(A) Of the balance of each such annual 
appropriation remaining after the distribution and use under 
subsections (a), (b), and (c) of this section and section 14, the 
Secretary of the Interior may use up to the amount specified in 
subparagraph (B) for expenses to administer this Act, in accordance 
with this subsection and section 9.</DELETED>
<DELETED>    ``(B) The amount referred to in subparagraph (A) is the 
following:</DELETED>
        <DELETED>    ``(i) In fiscal year 2001, $7,090,000.</DELETED>
        <DELETED>    ``(ii) In fiscal year 2002, $6,710,000.</DELETED>
        <DELETED>    ``(iii) In fiscal year 2003, $6,330,000.</DELETED>
        <DELETED>    ``(iv) In fiscal year 2004 and each fiscal year 
        thereafter--</DELETED>
                <DELETED>    ``(I) the amount available for the 
                preceding fiscal year, plus</DELETED>
                <DELETED>    ``(II) an amount to reflect the change in 
                the consumer price index over the preceding fiscal 
                year, which shall be determined by the Secretary of the 
                Treasury by multiplying such change times the amount 
                available for the preceding fiscal year.</DELETED>
<DELETED>    ``(2) The amount authorized to be used by the Secretary 
under paragraph (1) each fiscal year shall remain available for 
obligation for such use until the expiration of that fiscal year. 
Within 60 days after the end of that fiscal year, the Secretary shall 
apportion any of the amount that remains unobligated at the end of the 
fiscal year on the same basis and in the same manner as other amounts 
authorized by this Act are apportioned among the States under section 
4(e) for the fiscal year in which the apportionment is 
made.''.</DELETED>
<DELETED>    (b) Requirements and Restrictions Regarding Use of Amounts 
for Administration.--Section 9 of the Sport Fish Restoration Act (16 
U.S.C. 777h) is amended to read as follows:</DELETED>

 <DELETED>``requirements and restrictions regarding use of amounts for 
                        administration</DELETED>

<DELETED>    ``Sec. 9. (a) Authorized Administration Costs.--The 
Secretary of the Interior may use amounts under section 4(d) only for 
administration expenses that directly support the implementation of 
this Act and that consist of any of the following:</DELETED>
        <DELETED>    ``(1) Personnel costs of any employee who directly 
        administers this Act on a full-time basis.</DELETED>
        <DELETED>    ``(2) Personnel costs of any employee who directly 
        administers this Act on a part-time basis for at least 20 hours 
        each week, not to exceed the portion of such costs incurred 
        with respect to the work hours of such employee during which 
        the employee directly administers this Act, as such hours are 
        certified by the supervisor of the employee.</DELETED>
        <DELETED>    ``(3) Support costs directly associated with 
        personnel costs authorized under paragraphs (1) and 
        (2).</DELETED>
        <DELETED>    ``(4) Costs of determining under section 6(a) 
        whether State comprehensive plans and projects are substantial 
        in character and design.</DELETED>
        <DELETED>    ``(5) Overhead costs, including general 
        administrative services, that are directly attributable to 
        administration of this Act based on--</DELETED>
                <DELETED>    ``(A) actual costs, as determined by a 
                direct cost allocation methodology approved by the 
                Director of the Office of Management and Budget for use 
                by Federal agencies; and</DELETED>
                <DELETED>    ``(B) for those costs not determinable 
                pursuant to subparagraph (A), an amount per full-time 
                equivalent employee authorized pursuant to paragraphs 
                (1) and (2) that does not exceed the amount charged or 
                assessed for such costs per full-time equivalent 
                employee for any other division or program of the 
                United States Fish and Wildlife Service.</DELETED>
        <DELETED>    ``(6) Costs incurred in auditing the wildlife and 
        sport fish activities of each State fish and game department 
        and the use of funds under section 6 by each State fish and 
        game department every 5 years.</DELETED>
        <DELETED>    ``(7) Costs of audits under subsection 
        (d).</DELETED>
        <DELETED>    ``(8) Costs of necessary training of Federal and 
        State full-time personnel who administer this Act to improve 
        administration of this Act.</DELETED>
        <DELETED>    ``(9) Costs of travel to the States, territories, 
        and Canada by personnel who administer this Act on a full-time 
        basis for purposes directly related to administration of State 
        programs or projects, or who administer grants under section 6 
        or section 14.</DELETED>
        <DELETED>    ``(10) Costs of travel outside of the United 
        States (except travel to Canada) that relates to administration 
        of this Act and that is approved directly by the Assistant 
        Secretary for Fish and Wildlife and Parks.</DELETED>
        <DELETED>    ``(11) Relocation expenses for personnel who, 
        after relocation, will administer this Act on a full-time basis 
        for at least 1 year, as certified by the Director of the United 
        States Fish and Wildlife Service at the time such relocation 
        expenses are incurred.</DELETED>
        <DELETED>    ``(12) Costs to audit, evaluate, approve, 
        disapprove, and advise concerning grants under section 6 and 
        section 14.</DELETED>
<DELETED>    ``(b) Unauthorized Costs.--Use of funds for a cost to 
administer this Act shall not be authorized because the cost is not 
expressly prohibited by this Act.</DELETED>
<DELETED>    ``(c) Restriction on Use To Supplement General 
Appropriations.--The Secretary may not use amounts under section 4(d) 
to supplement any function for which general appropriations are made 
for the United States Fish and Wildlife Service or any other entity of 
the Department of the Interior.</DELETED>
<DELETED>    ``(d) Audit Requirement.--(1) The Inspector General of the 
Department of the Interior shall procure the conduct of biennial 
audits, in accordance with generally accepted accounting principles, of 
expenditures of amounts used by the Secretary for administration of 
this Act.</DELETED>
<DELETED>    ``(2) Audits under this subsection shall be performed 
under contracts that are awarded under competitive procedures (as that 
term is defined in section 4 of the Office of Federal Procurement 
Policy Act (41 U.S.C. 403)), by a person that is not associated in any 
way with the Department of the Interior.</DELETED>
<DELETED>    ``(3) The auditor selected pursuant to paragraph (1) shall 
report to, and be supervised by, the Inspector General of the 
Department of the Interior, except that the auditor shall submit a copy 
of the biennial audit findings to the Secretary of the Interior at the 
time such findings are submitted to the Inspector General of the 
Department of the Interior.</DELETED>
<DELETED>    ``(4) The Inspector General of the Department of the 
Interior shall promptly report to the Committee on Resources of the 
House of Representatives and the Committee on Environment and Public 
Works of the Senate on the results of each such audit.</DELETED>
<DELETED>    ``(e) Certification by Secretary.--(1) The Secretary of 
the Interior shall within 3 months after each fiscal year certify in 
writing to the Committee on Resources of the House of Representatives 
and the Committee on Environment and Public Works of the Senate the 
following for the fiscal year:</DELETED>
        <DELETED>    ``(A) The amount of funds used under section 4(d) 
        and a breakdown of categories for which such funds were 
        expended.</DELETED>
        <DELETED>    ``(B) The amount of funds apportioned to States 
        under section 4(d)(2)(A).</DELETED>
        <DELETED>    ``(C) The results of the audits performed pursuant 
        to subsection (d).</DELETED>
        <DELETED>    ``(D) That all funds expended under section 4(d) 
        were necessary for administration of this Act.</DELETED>
        <DELETED>    ``(E) The Secretary, Assistant Secretary for Fish 
        and Wildlife and Parks, the Director of the United States Fish 
        and Wildlife Service, and the Assistant Director for Wildlife 
        and Sport Fish Restoration Programs each properly discharged 
        their duties under this Act.</DELETED>
<DELETED>    ``(2) The Secretary may not delegate the responsibility to 
make certifications under paragraph (1) except to the Assistant 
Secretary for Fish and Wildlife and Parks.</DELETED>
<DELETED>    ``(3) The Secretary shall promptly publish in the Federal 
Register each certification under this subsection.</DELETED>
<DELETED>    ``(f) Certification by Assistant Director for Wildlife and 
Sport Fish Restoration Programs.--Within 1 month after the end of each 
fiscal year, the Assistant Director for Wildlife and Sport Fish 
Restoration Programs shall--</DELETED>
        <DELETED>    ``(1) certify that--</DELETED>
                <DELETED>    ``(A) all amounts expended in that fiscal 
                year to administer this Act in agency headquarters and 
                in regional offices of the United States Fish and 
                Wildlife Service were used in accordance with this Act; 
                and</DELETED>
                <DELETED>    ``(B) all such expenditures were necessary 
                to administer this Act; and</DELETED>
        <DELETED>    ``(2) distribute such certifications to each State 
        fish and game department.''.</DELETED>

<DELETED>SEC. 202. MULTI-STATE GRANT PROGRAM.</DELETED>

<DELETED>    (a) Establishment of Program.--The Sport Fish Restoration 
Act is amended by striking the second section 13 (16 U.S.C. 777 note) 
and inserting the following:</DELETED>

      <DELETED>``multi-state conservation grant program</DELETED>

<DELETED>    ``Sec. 14. (a) In General.--(1) Of the balance of each 
annual appropriation made in accordance with section 3 remaining after 
the distribution and use under subsections (a), (b), and (c) of section 
4 each fiscal year, up to $2,500,000 shall be available to the 
Secretary of the Interior for making multi-State conservation grants in 
accordance with this section.</DELETED>
<DELETED>    ``(2) Amounts available under this subsection shall remain 
available for 2 fiscal years, after which all unobligated balances 
shall be apportioned in the manner specified in section 4(e).</DELETED>
<DELETED>    ``(b) Selection of Projects.--(1) A project shall not be 
eligible for a grant under this section unless it will benefit at least 
26 States, a majority of the States in a region of the Fish and 
Wildlife Service, or a regional association of State fish and game 
departments.</DELETED>
<DELETED>    ``(2) The Secretary of the Interior may award grants under 
this section based only on a priority list of sportfish restoration 
projects prepared and submitted by State fish and game departments 
acting through the International Association of Fish and Wildlife 
Agencies each fiscal year in accordance with paragraph (3).</DELETED>
<DELETED>    ``(3)(A) The International Association of Fish and 
Wildlife Agencies shall--</DELETED>
        <DELETED>    ``(i) prepare each priority list through a 
        committee comprised of the heads of State fish and game 
        departments (or their designees);</DELETED>
        <DELETED>    ``(ii) approve each priority list by a majority of 
        the heads of State fish and game departments (or their 
        designees); and</DELETED>
        <DELETED>    ``(iii) submit each priority list by not later 
        than October 1 of each fiscal year to the Secretary of the 
        Interior.</DELETED>
<DELETED>    ``(B) In preparing any priority list under this paragraph, 
the International Association of Fish and Wildlife Agencies shall 
consult with nongovernmental organizations that represent conservation 
organizations, sportsmen organizations, and industries that fund the 
Sport Fish Restoration Programs.</DELETED>
<DELETED>    ``(4) The Assistant Director for Wildlife and Sport Fish 
Restoration Programs shall publish in the Federal Register each 
priority list submitted under this subsection.</DELETED>
<DELETED>    ``(c) Eligible Grantees.--(1) The Secretary of the 
Interior may make a grant under this section only to--</DELETED>
        <DELETED>    ``(A) a State or group of States; or</DELETED>
        <DELETED>    ``(B) subject to paragraph (2) a nongovernmental 
        organization.</DELETED>
<DELETED>    ``(2) Any nongovernmental organization applying for a 
grant under this section shall submit with the application to the 
International Association of Fish and Wildlife Agencies a certification 
that the organization does not promote or encourage opposition to the 
regulated taking of fish and will use any funds awarded pursuant to 
this section in compliance with subsection (d).</DELETED>
<DELETED>    ``(3) Any nongovernmental organization that is found to 
promote or encourage opposition to the regulated taking of fish or does 
not use funds in compliance with subsection (d) shall return all funds 
received and be subject to any other penalties under law.</DELETED>
<DELETED>    ``(d) Use of Grants.--Amounts provided as a grant under 
this section may not be used for education, activities, projects, or 
programs that promote or encourage opposition to the regulated taking 
of fish.</DELETED>
<DELETED>    ``(e) Clarification.--No activities undertaken by the 
personnel of State fish and game departments, other State agencies, or 
organizations of State fish and game departments under this section 
shall constitute advice or recommendations for one or more agencies or 
officers of the Federal Government.</DELETED>
<DELETED>    ``(f) Funding for Marine Fisheries Commissions.--Of the 
balance of each annual appropriation made in accordance with section 3 
remaining after the distribution and use under subsections (a), (b), 
and (c) of section 4 each fiscal year and after deducting amounts used 
for grants under subsection (a) of this section, $200,000 shall be 
available for each of--</DELETED>
        <DELETED>    ``(1) the Atlantic States Marine Fisheries 
        Commission;</DELETED>
        <DELETED>    ``(2) the Gulf States Marine Fisheries 
        Commission;</DELETED>
        <DELETED>    ``(3) the Pacific States Marine Fisheries 
        Commission; and</DELETED>
        <DELETED>    ``(4) the Great Lakes Fisheries 
        Commission.''.</DELETED>
<DELETED>    (b) Conforming Amendments.--Section 4 of the Sport Fish 
Restoration Act (16 U.S.C. 777c) is amended in subsection (e) by 
inserting ``of this section and section 14'' after ``subsections (a), 
(b), (c), and (d)''.</DELETED>

<DELETED>SEC. 203. CERTIFICATIONS.</DELETED>

<DELETED>    Section 5 of the Sport Fish Restoration Act (16 U.S.C. 
777d) is amended--</DELETED>
        <DELETED>    (1) by striking ``Sec. 5.'' and inserting the 
        following:</DELETED>

                  <DELETED>``certifications</DELETED>

<DELETED>    ``Sec. 5. (a) Administrative Deduction and State 
Apportionments.--'';</DELETED>
        <DELETED>    (2) in subsection (a) (as designated by the 
        amendment made by paragraph (1) of this section) by inserting 
        ``, at the time such deduction or apportionment is made'' after 
        ``apportioned to each State for such fiscal year''; 
        and</DELETED>
        <DELETED>    (3) by adding at the end the following:</DELETED>
<DELETED>    ``(b) Fiscal Yearend Certification by Secretary.--Within 
30 days after the end of each fiscal year, the Secretary of the 
Interior shall--</DELETED>
        <DELETED>    ``(1) certify in writing to the Secretary of the 
        Treasury and to each State fish and game department--</DELETED>
                <DELETED>    ``(A) the amount apportioned under section 
                4(d)(2) to each State in the most recent apportionment 
                under that section for that fiscal year; and</DELETED>
                <DELETED>    ``(B) amounts obligated by the Secretary 
                during the fiscal year for administration of this Act; 
                and</DELETED>
        <DELETED>    ``(2) publish in the Federal Register the amounts 
        so certified.</DELETED>
<DELETED>    ``(c) Certification by Assistant Director.--(1) Within 60 
days after the start of each fiscal year, the Assistant Director for 
Wildlife and Sport Fish Restoration Programs shall provide to the 
Committee on Resources of the House of Representatives and the 
Committee on Environment and Public Works of the Senate the following 
for the fiscal year:</DELETED>
        <DELETED>    ``(A) The amount of funds that will be expended in 
        the fiscal year under section 4(d)(2) and a breakdown of 
        categories for which such funds will be expended.</DELETED>
        <DELETED>    ``(B) A description of how the funds to be 
        expended are necessary for administration of this 
        Act.</DELETED>
<DELETED>    ``(2) The Secretary of the Interior shall promptly publish 
in the Federal Register each certification under this 
subsection.''.</DELETED>

<DELETED>SEC. 204. PERIOD OF AVAILABILITY.</DELETED>

<DELETED>    Section 4(f) of the Sport Fish Restoration Act (16 U.S.C. 
777c) is amended by striking the first sentence.</DELETED>

<DELETED>SEC. 205. CONFORMING AMENDMENT.</DELETED>

<DELETED>    Section 9504(b)(2)(A) of the Internal Revenue Code of 1986 
is amended by striking ``(as in effect on the date of the enactment of 
the TEA 21 Restoration Act)'' and inserting ``(as in effect on the date 
of the enactment of the Wildlife and Sport Fish Restoration Programs 
Improvement Act of 2000)''.</DELETED>

        <DELETED>TITLE III--WILDLIFE AND SPORT FISH RESTORATION 
                           PROGRAMS</DELETED>

<DELETED>SEC. 301. DESIGNATION OF PROGRAMS.</DELETED>

<DELETED>    The programs established under the Wildlife Restoration 
Act and the Sport Fish Restoration Act may be collectively referred to 
as the Federal Assistance Program for State Wildlife and Sport Fish 
Restoration Programs.</DELETED>

<DELETED>SEC. 302. ASSISTANT DIRECTOR FOR WILDLIFE AND SPORT FISH 
              RESTORATION PROGRAMS.</DELETED>

<DELETED>    (a) Establishment.--There is established within the United 
States Fish and Wildlife Service of the Department of the Interior an 
Assistant Director for Wildlife and Sport Fish Restoration 
Programs.</DELETED>
<DELETED>    (b) Superior.--The Assistant Director for Wildlife and 
Sport Fish Restoration Programs shall report directly to the Director 
of the United States Fish and Wildlife Service.</DELETED>
<DELETED>    (c) Responsibilities.--The Assistant Director for Wildlife 
and Sport Fish Restoration Programs shall be responsible for the 
administration, management, and oversight of the Federal Assistance 
Program for State Wildlife and Sport Fish Restoration Programs under 
the Wildlife Restoration Act and the Sport Fish Restoration 
Act.</DELETED>

<DELETED>SEC. 303. CHIEF OF THE DIVISION OF FEDERAL AID.</DELETED>

<DELETED>    The Chief of the Division of Federal Aid of the Department 
of the Interior, or any similar position, is abolished and the duties 
of that position shall be the responsibility of the Assistant Director 
for Wildlife and Sport Fish Restoration Programs.</DELETED>

<DELETED>SEC. 304. IMPLEMENTATION REPORT.</DELETED>

<DELETED>    (a) Timing.--At the time the President submits a budget 
request for the Department of the Interior for the third fiscal year 
beginning after the date of the enactment of this Act, the Secretary of 
the Interior shall inform the Committee on Resources of the House of 
Representatives and the Committee on Environment and Public Works of 
the Senate about the steps taken to comply with this Act.</DELETED>
<DELETED>    (b) Contents.--The report required by this section shall 
indicate--</DELETED>
        <DELETED>    (1) the extent to which compliance with this Act 
        has required a reduction in the number of personnel assigned to 
        administer, manage, and oversee the Federal Assistance Program 
        for State Wildlife and Sport Fish Restoration 
        Programs;</DELETED>
        <DELETED>    (2) any revisions to this Act that would be 
        desirable in order for the Secretary to adequately administer 
        such programs and assure that funds provided to State agencies 
        are properly used; and</DELETED>
        <DELETED>    (3) any other information regarding the 
        implementation of this Act that the Secretary considers 
        appropriate.</DELETED>

<DELETED>SEC. 305. COMPLIANCE WITH BUY AMERICAN ACT.</DELETED>

<DELETED>    No funds authorized pursuant to this Act may be expended 
by an entity unless the entity agrees that in expending the assistance 
the entity will comply with sections 2 through 4 of the Act of March 3, 
1933 (41 U.S.C. 10a-10c, popularly known as the ``Buy American 
Act'').</DELETED>

<DELETED>SEC. 306. SENSE OF THE CONGRESS; REQUIREMENT REGARDING 
              NOTICE.</DELETED>

<DELETED>    (a) Purchase of American-Made Equipment and Products.--In 
the case of any equipment or products that may be authorized to be 
purchased with financial assistance provided under this Act, it is the 
sense of the Congress that entities receiving such assistance should, 
in expending the assistance, purchase only American-made equipment and 
products.</DELETED>
<DELETED>    (b) Notice to Recipients of Assistance.--In providing 
financial assistance under this Act, the Secretary of the Interior 
shall provide to each recipient of the assistance a notice describing 
the statement made in subsection (a) by the Congress.</DELETED>

<DELETED>SEC. 307. PROHIBITION OF CONTRACTS.</DELETED>

<DELETED>    If it has been finally determined by a court or Federal 
agency that any person intentionally affixed a label bearing a ``Made 
in America'' inscription, or any inscription with the same meaning, to 
any product sold in or shipped to the United States that is not made in 
the United States, such person shall be ineligible to receive any 
contract or subcontract made with funds provided pursuant to this Act, 
pursuant to the debarment, suspension, and ineligibility procedures 
described in sections 9.400 through 9.409 of title 48, Code of Federal 
Regulations.</DELETED>

SECTION 1. SHORT TITLES; TABLE OF CONTENTS.

    (a) Short Titles.--
            (1) This act.--This Act may be cited as the ``Wildlife and 
        Sport Fish Restoration Programs Improvement Act of 2000''.
            (2) Pittman-robertson wildlife restoration act.--The Act of 
        September 2, 1937 (16 U.S.C. 669 et seq.), is amended by adding 
        at the end the following:

``SEC. 14. SHORT TITLE.

    ``This Act may be cited as the `Pittman-Robertson Wildlife 
Restoration Act'.''.
            (3) Dingell-johnson sport fish restoration act.--The Act of 
        August 9, 1950 (16 U.S.C. 777 et seq.), is amended by adding at 
the end the following:

``SEC. 16. SHORT TITLE.

    ``This Act may be cited as the `Dingell-Johnson Sport Fish 
Restoration Act'.''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short titles; table of contents.

                     TITLE I--WILDLIFE RESTORATION

Sec. 101. Expenditures for administration.
Sec. 102. Firearm and bow hunter education and safety program grants.
Sec. 103. Multistate conservation grant program.

                    TITLE II--SPORT FISH RESTORATION

Sec. 201. Expenditures for administration.
Sec. 202. Multistate conservation grant program.
Sec. 203. Conforming amendment.

        TITLE III--WILDLIFE AND SPORT FISH RESTORATION PROGRAMS

Sec. 301. Designation of programs.
Sec. 302. Implementation report.

                     TITLE I--WILDLIFE RESTORATION

SEC. 101. EXPENDITURES FOR ADMINISTRATION.

    (a) Set-Aside for Administrative Expenses.--Section 4 of the 
Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669c) is 
amended--
            (1) by redesignating subsection (b) as subsection (c);
            (2) by striking ``Sec. 4.'' and all that follows through 
        the end of the first sentence of subsection (a) and inserting 
        the following:

``SEC. 4. ALLOCATION AND APPORTIONMENT OF AVAILABLE AMOUNTS.

    ``(a) Set-Aside for Administrative Expenses.--
            ``(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 administrative 
                expenses 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 fiscal year 2001, $9,500,000; and
                            ``(ii) for fiscal year 2002 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.--''; and
            (3) in subsection (b) (as designated by paragraph (2)), by 
        striking ``after making the aforesaid deduction, shall 
        apportion, except as provided in subsection (b) of this 
        section,'' and inserting ``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''.
    (b) Requirements and Restrictions Concerning Use of Amounts for 
Administrative Expenses.--Section 9 of the Pittman-Robertson Wildlife 
Restoration Act (16 U.S.C. 669h) is amended to read as follows:

``SEC. 9. REQUIREMENTS AND RESTRICTIONS CONCERNING USE OF AMOUNTS FOR 
              ADMINISTRATIVE EXPENSES.

    ``(a) Authorized Administrative Costs.--Except as provided in 
subsection (b), the Secretary of the Interior may use available amounts 
under section 4(a)(1) only for administrative expenses that directly 
support the implementation of this Act, consisting of--
            ``(1) personnel costs of employees who directly administer 
        this Act on a full-time basis;
            ``(2) personnel costs of employees who directly administer 
        this Act on a part-time basis for at least 20 hours each week, 
        not to exceed the portion of those costs incurred with respect 
        to the work hours of an employee during which the employee 
        directly administers this Act, as those hours are certified by 
        the supervisor of the employee;
            ``(3) support costs directly associated with personnel 
        costs authorized under paragraphs (1) and (2), excluding costs 
        associated with staffing and operation of regional offices of 
        the United States Fish and Wildlife Service and the Department 
        of the Interior other than for the purposes of this Act;
            ``(4) costs of determining under section 6(a) whether State 
        comprehensive plans and projects are substantial in character 
        and design;
            ``(5) overhead costs, including the costs of general 
        administrative services, that are directly attributable to 
        administration of this Act and are based on--
                    ``(A) actual costs, as determined by a direct cost 
                allocation methodology approved by the Director of the 
                Office of Management and Budget for use by Federal 
                agencies; and
                    ``(B) in the case of costs that are not 
                determinable under subparagraph (A), an amount per 
full-time equivalent employee authorized under paragraphs (1) and (2) 
that does not exceed the amount charged or assessed for costs per full-
time equivalent employee for any other division or program of the 
United States Fish and Wildlife Service;
            ``(6) costs incurred in auditing, every 5 years, the 
        wildlife and sport fish activities of each State fish and game 
        department and the use of funds under section 6 by each State 
        fish and game department;
            ``(7) costs of audits under subsection (d);
            ``(8) costs of necessary training of Federal and State 
        full-time personnel who administer this Act to improve 
        administration of this Act;
            ``(9) costs of travel to States, territories, and Canada by 
        personnel who--
                    ``(A) administer this Act on a full-time basis for 
                purposes directly related to administration of State 
                programs or projects; or
                    ``(B) administer grants under section 6, 10, or 11;
            ``(10) costs of travel by personnel outside the United 
        States (except travel to Canada) that relates directly to 
        administration of this Act and that is approved directly by the 
        Assistant Secretary for Fish and Wildlife and Parks;
            ``(11) relocation expenses for personnel who, after 
        relocation, will administer this Act on a full-time basis for 
        at least 1 year, as certified by the Director of the United 
        States Fish and Wildlife Service at the time at which the 
        relocation expenses are incurred; and
            ``(12) costs to audit, evaluate, approve, disapprove, and 
        advise concerning grants under section 6, 10, or 11.
    ``(b) Reporting of Other Uses.--If the Secretary of the Interior 
determines that available amounts under section 4(a)(1) should be used 
for an administrative expense other than an administrative expense 
described in subsection (a), the Secretary--
            ``(1) shall submit to the Committee on Environment and 
        Public Works of the Senate and the Committee on Resources of 
        the House of Representatives a report describing the 
        administrative expense; and
            ``(2) may use any such available amounts for the 
        administrative expense only after the end of the 30-day period 
        beginning on the date of submission of the report under 
        paragraph (1).
    ``(c) Restriction on Use To Supplement General Appropriations.--The 
Secretary of the Interior shall not use available amounts under section 
4(a)(1) to supplement the funding of any function for which general 
appropriations are made for the United States Fish and Wildlife Service 
or any other entity of the Department of the Interior.
    ``(d) Audit Requirement.--
            ``(1) In general.--The Inspector General of the Department 
        of the Interior shall procure the performance of biennial 
        audits, in accordance with generally accepted accounting 
        principles, of expenditures and obligations of amounts used by 
        the Secretary of the Interior for administrative expenses 
        incurred in implementation of this Act.
            ``(2) Auditor.--
                    ``(A) In general.--An audit under this subsection 
                shall be performed under a contract that is awarded 
                under competitive procedures (as defined in section 4 
                of the Office of Federal Procurement Policy Act (41 
                U.S.C. 403)) by a person or entity that is not 
                associated in any way with the Department of the 
                Interior (except by way of a contract for the 
                performance of an audit).
                    ``(B) Supervision of auditor.--The auditor selected 
                under subparagraph (A) shall report to, and be 
                supervised by, the Inspector General of the Department 
                of the Interior, except that the auditor shall submit a 
                copy of the biennial audit findings to the Secretary of 
                the Interior at the time at which the findings are 
                submitted to the Inspector General of the Department of 
                the Interior.
            ``(3) Report to congress.--The Inspector General of the 
        Department of the Interior shall promptly report to the 
        Committee on Resources of the House of Representatives and the 
        Committee on Environment and Public Works of the Senate on the 
        results of each audit under this subsection.''.
    (c) Conforming Amendment.--Section 8(b) of the Pittman-Robertson 
Wildlife Restoration Act (16 U.S.C. 669g(b)) is amended in the first 
sentence by striking ``section 4(b) of this Act'' and inserting 
``section 4(c)''.

SEC. 102. FIREARM AND BOW HUNTER EDUCATION AND SAFETY PROGRAM GRANTS.

    The Pittman-Robertson Wildlife Restoration Act is amended--
            (1) by redesignating section 10 (16 U.S.C. 669i) as section 
        12; and
            (2) by inserting after section 9 (16 U.S.C. 669h) the 
        following:

``SEC. 10. FIREARM AND BOW HUNTER EDUCATION AND SAFETY PROGRAM GRANTS.

    ``(a) In General.--Of the revenues covered into the fund for a 
fiscal year, $7,500,000 shall be apportioned among the States in the 
manner specified in section 4(b) by the Secretary of the Interior and 
used to make grants to the States to be used for--
            ``(1) the enhancement of hunter education programs, hunter 
        and sporting firearm safety programs, and hunter development 
        programs;
            ``(2) the enhancement of interstate coordination and 
        development of hunter education and shooting range programs;
            ``(3) the enhancement of bow hunter and archery education, 
        safety, and development programs; and
            ``(4) the enhancement of construction or development of 
        firearm shooting ranges and archery ranges, and the updating of 
        safety features of firearm shooting ranges and archery ranges.
    ``(b) Cost Sharing.--The Federal share of the cost of any activity 
carried out with a grant under this section shall not exceed 75 percent 
of the total cost of the activity.
    ``(c) Period of Availability; Reapportionment.--
            ``(1) Period of availability.--A grant under this section 
        shall remain available only for the fiscal year for which the 
        grant is made.
            ``(2) Reapportionment.--At the end of the period of 
        availability under paragraph (1), the Secretary of the Interior 
        shall apportion any grant funds that remain available among the 
        States in the manner specified in section 4(b) for use by the 
        States in accordance with this section.''.

SEC. 103. MULTISTATE CONSERVATION GRANT PROGRAM.

    The Pittman-Robertson Wildlife Restoration Act (as amended by 
section 102) is amended by inserting after section 10 the following:

``SEC. 11. MULTISTATE CONSERVATION GRANT PROGRAM.

    ``(a) In General.--
            ``(1) Amount for grants.--Not more than $3,500,000 of the 
        revenues covered into the fund for a fiscal year shall be 
        available to the Secretary of the Interior for making 
        multistate conservation project grants in accordance with this 
        section.
            ``(2) Period of availability; apportionment.--
                    ``(A) Period of availability.--A grant under this 
                subsection shall remain available only for the fiscal 
                year for which the grant is made and the following 
                fiscal year.
                    ``(B) Apportionment.--At the end of the period of 
                availability under subparagraph (A), the Secretary of 
                the Interior shall apportion any grant funds that 
                remain available among the States in the manner 
                specified in section 4(b) for use by the States in the 
                same manner as funds apportioned under section 4(b).
    ``(b) Selection of Projects.--
            ``(1) States or entities to be benefited.--A project shall 
        not be eligible for a grant under this section unless the 
        project will benefit--
                    ``(A) at least 26 States;
                    ``(B) a majority of the States in a region of the 
                United States Fish and Wildlife Service; or
                    ``(C) a regional association of State fish and game 
                departments.
            ``(2) Use of submitted priority list of projects.--The 
        Secretary of the Interior may award grants under this section 
        only for projects identified on a priority list of wildlife 
        restoration projects described in paragraph (3).
            ``(3) Priority list of projects.--A priority list referred 
        to in paragraph (2) is a priority list of projects that the 
        International Association of Fish and Wildlife Agencies--
                    ``(A) prepares through a committee comprised of the 
                heads of State fish and game departments (or their 
                designees), in consultation with--
                            ``(i) nongovernmental organizations that 
                        represent conservation organizations;
                            ``(ii) sportsmen organizations; and
                            ``(iii) industries that support or promote 
                        hunting, trapping, recreational shooting, bow 
                        hunting, or archery;
                    ``(B) approves by vote of a majority of the heads 
                of State fish and game departments (or their 
                designees); and
                    ``(C) not later than October 1 of each fiscal year, 
                submits to the Chief of the Division of Federal Aid.
            ``(4) Publication.--The Chief of the Division of Federal 
        Aid shall publish in the Federal Register each priority list 
        submitted under paragraph (3)(C).
    ``(c) Eligible Grantees.--
            ``(1) In general.--The Secretary of the Interior may make a 
        grant under this section only to--
                    ``(A) a State or group of States;
                    ``(B) the United States Fish and Wildlife Service 
                for the purpose of carrying out the National Survey of 
                Fishing, Hunting, and Wildlife-Associated Recreation; 
                and
                    ``(C) subject to paragraph (2), a nongovernmental 
                organization.
            ``(2) Nongovernmental organizations.--
                    ``(A) In general.--Any nongovernmental organization 
                that applies for a grant under this section shall 
                submit with the application to the International 
                Association of Fish and Wildlife Agencies a 
                certification that the organization--
                            ``(i) does not promote or encourage 
                        opposition to the regulated hunting or trapping 
                        of wildlife; and
                            ``(ii) will use any funds awarded under 
                        this section in compliance with subsection (d).
                    ``(B) Penalties for certain activities.--Any 
                nongovernmental organization that is found to promote 
                or encourage opposition to the regulated hunting or 
                trapping of wildlife or that does not use funds in 
                compliance with subsection (d) shall return all funds 
                received under this section and be subject to any other 
                penalties under law.
    ``(d) Use of Grants.--A grant under this section shall not be used 
for an activity, project, or program that promotes or encourages 
opposition to the regulated hunting or trapping of wildlife.''.

                    TITLE II--SPORT FISH RESTORATION

SEC. 201. EXPENDITURES FOR ADMINISTRATION.

    (a) Set-Aside for Administrative Expenses.--Section 4 of the 
Dingell-Johnson Sport Fish Restoration Act (16 U.S.C. 777c) is amended 
by striking subsection (d) and inserting the following:
    ``(d) Set-Aside for Administrative Expenses.--
            ``(1) In general.--
                    ``(A) Set-aside.--For fiscal year 2001 and each 
                fiscal year thereafter, of the balance of each such 
                annual appropriation remaining after the distribution 
                and use under subsections (a), (b), and (c) and section 
                14, the Secretary of the Interior may use not more than 
                the available amount specified in subparagraph (B) for 
                the fiscal year for administrative expenses 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 fiscal year 2001, $9,500,000; and
                            ``(ii) for fiscal year 2002 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 under subsection (e) for the fiscal 
                year.''.
    (b) Requirements and Restrictions Concerning Use of Amounts for 
Administrative Expenses.--Section 9 of the Dingell-Johnson Sport Fish 
Restoration Act (16 U.S.C. 777h) is amended to read as follows:

``SEC. 9. REQUIREMENTS AND RESTRICTIONS CONCERNING USE OF AMOUNTS FOR 
              ADMINISTRATIVE EXPENSES.

    ``(a) Authorized Administrative Costs.--Except as provided in 
subsection (b), the Secretary of the Interior may use available amounts 
under section 4(d) only for administrative expenses that directly 
support the implementation of this Act, consisting of--
            ``(1) personnel costs of employees who directly administer 
        this Act on a full-time basis;
            ``(2) personnel costs of employees who directly administer 
        this Act on a part-time basis for at least 20 hours each week, 
        not to exceed the portion of those costs incurred with respect 
        to the work hours of an employee during which the employee 
        directly administers this Act, as those hours are certified by 
        the supervisor of the employee;
            ``(3) support costs directly associated with personnel 
        costs authorized under paragraphs (1) and (2), excluding costs 
        associated with staffing and operation of regional offices of 
        the United States Fish and Wildlife Service and the Department 
        of the Interior other than for the purposes of this Act;
            ``(4) costs of determining under section 6(a) whether State 
        comprehensive plans and projects are substantial in character 
        and design;
            ``(5) overhead costs, including the costs of general 
        administrative services, that are directly attributable to 
        administration of this Act and are based on--
                    ``(A) actual costs, as determined by a direct cost 
                allocation methodology approved by the Director of the 
                Office of Management and Budget for use by Federal 
                agencies; and
                    ``(B) in the case of costs that are not 
                determinable under subparagraph (A), an amount per 
                full-time equivalent employee authorized under 
                paragraphs (1) and (2) that does not exceed the amount 
                charged or assessed for costs per full-time equivalent 
                employee for any other division or program of the 
                United States Fish and Wildlife Service;
            ``(6) costs incurred in auditing, every 5 years, the 
        wildlife and sport fish activities of each State fish and game 
        department and the use of funds under section 6 by each State 
        fish and game department;
            ``(7) costs of audits under subsection (d);
            ``(8) costs of necessary training of Federal and State 
        full-time personnel who administer this Act to improve 
        administration of this Act;
            ``(9) costs of travel to States, territories, and Canada by 
        personnel who--
                    ``(A) administer this Act on a full-time basis for 
                purposes directly related to administration of State 
                programs or projects; or
                    ``(B) administer grants under section 6 or 14;
            ``(10) costs of travel by personnel outside the United 
        States (except travel to Canada) that relates directly to 
        administration of this Act and that is approved directly by the 
        Assistant Secretary for Fish and Wildlife and Parks;
            ``(11) relocation expenses for personnel who, after 
        relocation, will administer this Act on a full-time basis for 
        at least 1 year, as certified by the Director of the United 
        States Fish and Wildlife Service at the time at which the 
        relocation expenses are incurred; and
            ``(12) costs to audit, evaluate, approve, disapprove, and 
        advise concerning grants under section 6 or 14.
    ``(b) Reporting of Other Uses.--If the Secretary of the Interior 
determines that available amounts under section 4(d) should be used for 
an administrative expense other than an administrative expense 
described in subsection (a), the Secretary--
            ``(1) shall submit to the Committee on Environment and 
        Public Works of the Senate and the Committee on Resources of 
        the House of Representatives a report describing the 
        administrative expense; and
            ``(2) may use any such available amounts for the 
        administrative expense only after the end of the 30-day period 
        beginning on the date of submission of the report under 
        paragraph (1).
    ``(c) Restriction on Use To Supplement General Appropriations.--The 
Secretary of the Interior shall not use available amounts under section 
4(d) to supplement the funding of any function for which general 
appropriations are made for the United States Fish and Wildlife Service 
or any other entity of the Department of the Interior.
    ``(d) Audit Requirement.--
            ``(1) In general.--The Inspector General of the Department 
        of the Interior shall procure the performance of biennial 
        audits, in accordance with generally accepted accounting 
        principles, of expenditures and obligations of amounts used by 
        the Secretary of the Interior for administrative expenses 
        incurred in implementation of this Act.
            ``(2) Auditor.--
                    ``(A) In general.--An audit under this subsection 
                shall be performed under a contract that is awarded 
                under competitive procedures (as defined in section 4 
                of the Office of Federal Procurement Policy Act (41 
                U.S.C. 403)) by a person or entity that is not 
                associated in any way with the Department of the 
                Interior (except by way of a contract for the 
                performance of an audit).
                    ``(B) Supervision of auditor.--The auditor selected 
                under subparagraph (A) shall report to, and be 
                supervised by, the Inspector General of the Department 
                of the Interior, except that the auditor shall submit a 
                copy of the biennial audit findings to the Secretary of 
                the Interior at the time at which the findings are 
                submitted to the Inspector General of the Department of 
                the Interior.
            ``(3) Report to congress.--The Inspector General of the 
        Department of the Interior shall promptly report to the 
        Committee on Resources of the House of Representatives and the 
        Committee on Environment and Public Works of the Senate on the 
        results of each audit under this subsection.''.

SEC. 202. MULTISTATE CONSERVATION GRANT PROGRAM.

    (a) Establishment of Program.--The Dingell-Johnson Sport Fish 
Restoration Act is amended by striking the section 13 relating to 
effective date (16 U.S.C. 777 note) and inserting the following:

``SEC. 14. MULTISTATE CONSERVATION GRANT PROGRAM.

    ``(a) In General.--
            ``(1) Amount for grants.--Of the balance of each annual 
        appropriation made under section 3 remaining after the 
        distribution and use under subsections (a), (b), and (c) of 
        section 4 in a fiscal year, not more than $3,500,000 shall be 
        available to the Secretary of the Interior for making 
        multistate conservation project grants in accordance with this 
        section.
            ``(2) Period of availability; apportionment.--
                    ``(A) Period of availability.--A grant under this 
                subsection shall remain available only for the fiscal 
                year for which the grant is made and the following 
                fiscal year.
                    ``(B) Apportionment.--At the end of the period of 
                availability under subparagraph (A), the Secretary of 
                the Interior shall apportion any grant funds that 
                remain available among the States in the manner 
                specified in section 4(e) for use by the States in the 
                same manner as funds apportioned under section 4(e).
    ``(b) Selection of Projects.--
            ``(1) States or entities to be benefited.--A project shall 
        not be eligible for a grant under this section unless the 
        project will benefit--
                    ``(A) at least 26 States;
                    ``(B) a majority of the States in a region of the 
                United States Fish and Wildlife Service; or
                    ``(C) a regional association of State fish and game 
                departments.
            ``(2) Use of submitted priority list of projects.--The 
        Secretary of the Interior may award grants under this section 
        only for projects identified on a priority list of sport fish 
        restoration projects described in paragraph (3).
            ``(3) Priority list of projects.--A priority list referred 
        to in paragraph (2) is a priority list of projects that the 
        International Association of Fish and Wildlife Agencies--
                    ``(A) prepares through a committee comprised of the 
                heads of State fish and game departments (or their 
                designees), in consultation with--
                            ``(i) nongovernmental organizations that 
                        represent conservation organizations;
                            ``(ii) sportsmen organizations; and
                            ``(iii) industries that fund the sport fish 
                        restoration programs under this Act;
                    ``(B) approves by vote of a majority of the heads 
                of State fish and game departments (or their 
                designees); and
                    ``(C) not later than October 1 of each fiscal year, 
                submits to the Chief of the Division of Federal Aid.
            ``(4) Publication.--The Chief of the Division of Federal 
        Aid shall publish in the Federal Register each priority list 
        submitted under paragraph (3)(C).
    ``(c) Eligible Grantees.--
            ``(1) In general.--The Secretary of the Interior may make a 
        grant under this section only to--
                    ``(A) a State or group of States;
                    ``(B) the United States Fish and Wildlife Service 
                for the purpose of carrying out the National Survey of 
                Fishing, Hunting, and Wildlife-Associated Recreation; 
                and
                    ``(C) subject to paragraph (2), a nongovernmental 
                organization.
            ``(2) Nongovernmental organizations.--
                    ``(A) In general.--Any nongovernmental organization 
                that applies for a grant under this section shall 
                submit with the application to the International 
                Association of Fish and Wildlife Agencies a 
                certification that the organization--
                            ``(i) does not promote or encourage 
                        opposition to the regulated taking of fish; and
                            ``(ii) will use any funds awarded under 
                        this section in compliance with subsection (d).
                    ``(B) Penalties for certain activities.--Any 
                nongovernmental organization that is found to promote 
                or encourage opposition to the regulated taking of fish 
                or that does not use funds in compliance with 
                subsection (d) shall return all funds received under 
                this section and be subject to any other penalties 
                under law.
    ``(d) Use of Grants.--A grant under this section shall not be used 
for an activity, project, or program that promotes or encourages 
opposition to the regulated taking of fish.
    ``(e) Funding for Other Activities.--Of the balance of each annual 
appropriation made under section 3 remaining after the distribution and 
use under subsections (a), (b), and (c) of section 4 for each fiscal 
year and after deducting amounts used for grants under subsection (a), 
$2,100,000 shall be made available for--
            ``(1) the Atlantic States Marine Fisheries Commission;
            ``(2) the Gulf States Marine Fisheries Commission;
            ``(3) the Pacific States Marine Fisheries Commission;
            ``(4) the Great Lakes Fisheries Commission;
            ``(5) the Sport Fishing and Boating Partnership Council 
        established by the United States Fish and Wildlife Service;
            ``(6) construction and renovation of pumpout stations and 
        waste reception facilities under the Clean Vessel Act of 1992 
        (33 U.S.C. 1322 note; subtitle F of title V of Public Law 102-
        587);
            ``(7) coastal wetlands conservation grants under section 
        305 of the Coastal Wetlands Planning, Protection and 
        Restoration Act (16 U.S.C. 3954);
            ``(8) boating infrastructure grants under section 7404 of 
        the Sportfishing and Boating Safety Act of 1998 (16 U.S.C. 
        777g-1); and
            ``(9) the National Outreach and Communications Program 
        established under section 8(d).''.
    (b) Conforming Amendments.--Section 4(e) of the Dingell-Johnson 
Sport Fish Restoration Act (16 U.S.C. 777c(e)) is amended in the first 
sentence by inserting ``and after deducting amounts used for grants 
under section 14,'' after ``respectively,''.

SEC. 203. CONFORMING AMENDMENT.

    Section 9504(b)(2)(A) of the Internal Revenue Code of 1986 is 
amended by striking ``(as in effect on the date of the enactment of the 
TEA 21 Restoration Act)'' and inserting ``(as in effect on the date of 
enactment of the Wildlife and Sport Fish Restoration Programs 
Improvement Act of 2000)''.

        TITLE III--WILDLIFE AND SPORT FISH RESTORATION PROGRAMS

SEC. 301. DESIGNATION OF PROGRAMS.

    The programs established under the Pittman-Robertson Wildlife 
Restoration Act (16 U.S.C. 669 et seq.) and the Dingell-Johnson Sport 
Fish Restoration Act (16 U.S.C. 777 et seq.) shall be known as the 
``Federal Assistance Program for State Wildlife and Sport Fish 
Restoration''.

SEC. 302. IMPLEMENTATION REPORT.

    (a) Timing.--At the time at which the President submits a budget 
request for the Department of the Interior for the third fiscal year 
that begins after the date of enactment of this Act, the Secretary of 
the Interior shall submit to the Committee on Resources of the House of 
Representatives and the Committee on Environment and Public Works of 
the Senate a report on the steps that have been taken to comply with 
this Act and the amendments made by this Act.
    (b) Contents.--The report under subsection (a) shall--
            (1) describe--
                    (A) the extent to which compliance with this Act 
                and the amendments made by this Act has required a 
                reduction in the number of personnel assigned to 
                administer, manage, and oversee the Federal Assistance 
                Program for State Wildlife and Sport Fish Restoration;
                    (B) any revisions to this Act or the amendments 
                made by this Act that would be desirable in order for 
                the Secretary of the Interior to adequately administer 
                the Programs and ensure that funds provided to State 
                agencies are properly used; and
                    (C) any other information concerning the 
                implementation of this Act and the amendments made by 
                this Act that the Secretary of the Interior considers 
                appropriate; and
            (2) certify, with respect to the period beginning on the 
        date of enactment of this Act--
                    (A)(i) the amounts used under section 4(a)(1) of 
                the Pittman-Robertson Wildlife Restoration Act (16 
                U.S.C. 669c(a)(1)) and section 4(d) of the Dingell-
                Johnson Sport Fish Restoration Act (16 U.S.C. 777c(d)); 
                and
                    (ii) a breakdown of the categories for which the 
                amounts were used;
                    (B) the amounts apportioned to States under section 
                4(a)(2) of the Pittman-Robertson Wildlife Restoration 
                Act (16 U.S.C. 669c(a)(2)) and section 4(d)(2)(A) of 
                the Dingell-Johnson Sport Fish Restoration Act (16 
                U.S.C. 777c(d)(2)(A));
                    (C) the results of the audits performed under 
                section 9(d) of the Pittman-Robertson Wildlife 
                Restoration Act (16 U.S.C. 669h(d) and section 9(d) of 
                the Dingell-Johnson Sport Fish Restoration Act (16 
                U.S.C. 777h(d));
                    (D) that all amounts used under section 4(a)(1) of 
                the Pittman-Robertson Wildlife Restoration Act (16 
                U.S.C. 669c(a)(1)) and section 4(d) of the Dingell-
                Johnson Sport Fish Restoration Act (16 U.S.C. 777c(d)) 
                were necessary for administrative expenses incurred in 
                implementation of those Acts;
                    (E) that all amounts used to administer those Acts 
                by agency headquarters and by regional offices of the 
                United States Fish and Wildlife Service were used in 
                accordance with those Acts; and
                    (F) that the Secretary of the Interior, the 
                Assistant Secretary for Fish and Wildlife and Parks, 
                the Director of the United States Fish and Wildlife 
                Service, and the Chief of the Division of Federal Aid 
                each properly discharged their duties under those Acts.
    (c) Limitation on Delegation.--The Secretary of the Interior shall 
not delegate the responsibility for making a certification under 
subsection (b)(2) to any person except the Assistant Secretary for Fish 
and Wildlife and Parks.
    (d) Publication of Certifications.--The Secretary of the Interior 
shall promptly publish in the Federal Register each certification under 
subsection (b)(2).
                                                       Calendar No. 945

106th CONGRESS

  2d Session

                               H. R. 3671

                          [Report No. 106-495]

_______________________________________________________________________

                                 AN ACT

  To amend the Acts popularly known as the Pittman-Robertson Wildlife 
 Restoration Act and the Dingell-Johnson Sport Fish Restoration Act to 
enhance the funds available for grants to States for fish and wildlife 
   conservation projects and increase opportunities for recreational 
 hunting, bow hunting, trapping, archery, and fishing, by eliminating 
     opportunities for waste, fraud, abuse, maladministration, and 
  unauthorized expenditures for administration and execution of those 
                     Acts, and for other purposes.

_______________________________________________________________________

            October 10 (legislative day, September 22), 2000

                       Reported with an amendment