[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2609 Introduced in Senate (IS)]







106th CONGRESS
  2d Session
                                S. 2609

    To amend 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 to increase opportunities for recreational hunting, bow 
  hunting, trapping, archery, and fishing, by eliminating chances for 
 waste, fraud, abuse, maladministration, and unauthorized expenditures 
  for administration and implementation of those Acts, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 23, 2000

 Mr. Craig (for himself and Mr. Crapo) introduced the following bill; 
 which was read twice and referred to the Committee on Environment and 
                              Public Works

_______________________________________________________________________

                                 A BILL


 
    To amend 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 to increase opportunities for recreational hunting, bow 
  hunting, trapping, archery, and fishing, by eliminating chances for 
 waste, fraud, abuse, maladministration, and unauthorized expenditures 
  for administration and implementation 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,

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.
Sec. 104. Miscellaneous provision.
                    TITLE II--SPORT FISH RESTORATION

Sec. 201. Expenditures for administration.
Sec. 202. Multistate conservation grant program.
Sec. 203. Certifications.
Sec. 204. Period of availability.
Sec. 205. Conforming amendment.
        TITLE III--WILDLIFE AND SPORT FISH RESTORATION PROGRAMS

Sec. 301. Designation of programs.
Sec. 302. Assistant Director for Wildlife and Sport Fish Restoration 
                            Programs.
Sec. 303. Chief of Division of Federal Aid.
Sec. 304. 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, $7,090,000;
                            ``(ii) for fiscal year 2002, $6,710,000;
                            ``(iii) for fiscal year 2003, $6,330,000; 
                        and
                            ``(iv) 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) In general.--
                            ``(i) 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.
                            ``(ii) 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) Certification and publication of amounts.--
                Not later than 30 days after the end of each fiscal 
                year, the Secretary of the Interior shall--
                            ``(i) certify in writing to the Secretary 
                        of the Treasury and to each State fish and game 
                        department--
                                    ``(I) the amount apportioned under 
                                subparagraph (A) to each State in the 
most recent apportionment under that subparagraph; and
                                    ``(II) the amounts obligated by the 
                                Secretary of the Interior during the 
                                fiscal year for administrative expenses 
                                incurred in implementation of this Act; 
                                and
                            ``(ii) publish in the Federal Register the 
                        amounts certified under clause (i).
    ``(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.--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 determined based on the 
        direct cost allocation method in accordance with generally 
        accepted accounting principles;
            ``(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) Unauthorized Costs.--Use of funds for a cost to administer 
this Act shall not be deemed to be authorized by reason of the fact 
that incurrence of the cost is not expressly prohibited by this Act.
    ``(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.
    ``(e) Certifications to Congress.--
            ``(1) At end of each fiscal year.--
                    ``(A) In general.--Not later than 90 days after the 
                end of each fiscal year, the Secretary of the Interior 
                shall certify in writing to the Committee on Resources 
                of the House of Representatives and the Committee on 
                Environment and Public Works of the Senate, with 
                respect to the fiscal year--
                            ``(i) the amounts used under section 
                        4(a)(1) and a breakdown of the categories for 
                        which the amounts were used;
                            ``(ii) the amounts apportioned to States 
                        under section 4(a)(2);
                            ``(iii) the results of the audits performed 
                        under subsection (d);
                            ``(iv) that all amounts used under section 
                        4(a)(1) were necessary for administrative 
                        expenses incurred in implementation of this 
                        Act; and
                            ``(v) 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 Assistant 
                        Director for Wildlife and Sport Fish 
                        Restoration Programs each properly discharged 
                        their duties under this Act.
                    ``(B) Limitation on delegation.--The Secretary of 
                the Interior shall not delegate the responsibility for 
                making a certification under subparagraph (A) to any 
                person except the Assistant Secretary for Fish and 
                Wildlife and Parks.
            ``(2) At beginning of each fiscal year.--Not later than 60 
        days after the beginning of each fiscal year, the Assistant 
        Director for Wildlife and Sport Fish Restoration Programs shall 
        certify to the Committee on Resources of the House of 
        Representatives and the Committee on Environment and Public 
        Works of the Senate, with respect to the fiscal year--
                    ``(A) the amounts that will be used in the fiscal 
                year under section 4(a)(1) and a breakdown of the 
                categories for which the amounts will be used; and
                    ``(B) a description of how the funds to be used are 
                necessary for administration of this Act.
            ``(3) Publication of certifications.--The Secretary of the 
        Interior shall promptly publish in the Federal Register each 
        certification under this subsection.
    ``(f) Certification to State Fish and Game Departments.--Not later 
than 30 days after the end of each fiscal year, the Assistant Director 
for Wildlife and Sport Fish Restoration Programs shall--
            ``(1) certify that--
                    ``(A) all amounts used in that fiscal year to 
                administer this Act by agency headquarters and by 
                regional offices of the United States Fish and Wildlife 
                Service were used in accordance with this Act; and
                    ``(B) all expenditures described in subparagraph 
                (A) were necessary to administer this Act; and
            ``(2) provide a copy of the certification under paragraph 
        (1) to each State fish and game department.''.
    (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, $15,000,000 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 Assistant Director for Wildlife and 
                Sport Fish Restoration Programs.
            ``(4) Publication.--The Assistant Director for Wildlife and 
        Sport Fish Restoration Programs 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; or
                    ``(B) 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.
    ``(e) Clarification.--No activity undertaken by the personnel of a 
State fish and game department, other State agency, or organization of 
State fish and game departments under this section shall constitute the 
giving of advice or a recommendation for 1 or more agencies or officers 
of the Federal Government.''.

SEC. 104. MISCELLANEOUS PROVISION.

    Section 5 of the Pittman-Robertson Wildlife Restoration Act (16 
U.S.C. 669d) is amended in the first sentence by inserting ``, at the 
time at which a deduction or apportionment is made,'' after 
``certify''.

                    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, $7,090,000;
                            ``(ii) for fiscal year 2002, $6,710,000;
                            ``(iii) for fiscal year 2003, $6,330,000; 
                        and
                            ``(iv) 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 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.--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 determined based on the 
        direct cost allocation method in accordance with generally 
        accepted accounting principles;
            ``(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) Unauthorized Costs.--Use of funds for a cost to administer 
this Act shall not be deemed to be authorized by reason of the fact 
that incurrence of the cost is not expressly prohibited by this Act.
    ``(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.
    ``(e) Certification to Congress.--
            ``(1) At end of each fiscal year.--Not later than 90 days 
        after the end of each fiscal year, the Secretary of the 
        Interior shall certify in writing to the Committee on Resources 
        of the House of Representatives and the Committee on 
        Environment and Public Works of the Senate, with respect to the 
        fiscal year--
                    ``(A) the amounts used under section 4(d) and a 
                breakdown of the categories for which the amounts were 
                used;
                    ``(B) the amounts apportioned to States under 
                section 4(d)(2)(A);
                    ``(C) the results of the audits performed under 
                subsection (d);
                    ``(D) that all amounts used under section 4(d) were 
                necessary for administrative expenses incurred in 
                implementation of this Act; and
                    ``(E) 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 Assistant Director for Wildlife and 
                Sport Fish Restoration Programs each properly 
                discharged their duties under this Act.
            ``(2) Limitation on delegation.--The Secretary of the 
        Interior shall not delegate the responsibility for making a 
        certification under paragraph (1) to any person except the 
        Assistant Secretary for Fish and Wildlife and Parks.
            ``(3) Publication of certifications.--The Secretary of the 
        Interior shall promptly publish in the Federal Register each 
        certification under this subsection.
    ``(f) Certification to State Fish and Game Departments.--Not later 
than 30 days after the end of each fiscal year, the Assistant Director 
for Wildlife and Sport Fish Restoration Programs shall--
            ``(1) certify that--
                    ``(A) all amounts used in that fiscal year to 
                administer this Act by agency headquarters and by 
                regional offices of the United States Fish and Wildlife 
                Service were used in accordance with this Act; and
                    ``(B) all expenditures described in subparagraph 
                (A) were necessary to administer this Act; and
            ``(2) provide a copy of the certification under paragraph 
        (1) to each State fish and game department.''.

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 Assistant Director for Wildlife and 
                Sport Fish Restoration Programs.
            ``(4) Publication.--The Assistant Director for Wildlife and 
        Sport Fish Restoration Programs 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; or
                    ``(B) 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) Clarification.--No activity undertaken by the personnel of a 
State fish and game department, other State agency, or organization of 
State fish and game departments under this section shall constitute the 
giving of advice or a recommendation for 1 or more agencies or officers 
of the Federal Government.
    ``(f) Funding for Marine Fisheries Commissions.--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), $200,000 shall be made available for each of--
            ``(1) the Atlantic States Marine Fisheries Commission;
            ``(2) the Gulf States Marine Fisheries Commission;
            ``(3) the Pacific States Marine Fisheries Commission; and
            ``(4) the Great Lakes Fisheries Commission.''.
    (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. CERTIFICATIONS.

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

``SEC. 5. CERTIFICATIONS.

    ``(a) Administrative Deduction and State Apportionments.--'';
            (2) in subsection (a) (as designated by paragraph (1)), by 
        inserting ``, at the time at which a deduction or apportionment 
        is made,'' after ``certify''; and
            (3) by adding at the end the following:
    ``(b) Certification by Secretary of the Interior at End of Each 
Fiscal Year.--Not later than 30 days after the end of each fiscal year, 
the Secretary of the Interior shall--
            ``(1) certify in writing to the Secretary of the Treasury 
        and to each State fish and game department--
                    ``(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
                    ``(B) the amounts obligated by the Secretary of the 
                Interior during the fiscal year for administrative 
                expenses incurred in implementation of this Act; and
            ``(2) publish in the Federal Register the amounts certified 
        under paragraph (1).
    ``(c) Certification by Assistant Director for Wildlife and Sport 
Fish Restoration Programs.--
            ``(1) In general.--Not later than 60 days after the 
        beginning of each fiscal year, the Assistant Director for 
        Wildlife and Sport Fish Restoration Programs shall certify to 
        the Committee on Resources of the House of Representatives and 
        the Committee on Environment and Public Works of the Senate, 
        with respect to the fiscal year--
                    ``(A) the amounts that will be used in the fiscal 
                year under section 4(d)(2) and a breakdown of the 
                categories for which the amounts will be used; and
                    ``(B) a description of how the funds to be used are 
                necessary for administration of this Act.
            ``(2) Publication in federal register.--The Secretary of 
        the Interior shall promptly publish in the Federal Register 
        each certification under paragraph (1).''.

SEC. 204. PERIOD OF AVAILABILITY.

    Section 4(f) of the Dingell-Johnson Sport Fish Restoration Act (16 
U.S.C. 777c(f)) is amended by striking the first sentence and inserting 
``Definition of Fiscal Year.--''.

SEC. 205. 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. ASSISTANT DIRECTOR FOR WILDLIFE AND SPORT FISH RESTORATION 
              PROGRAMS.

    (a) Establishment.--There is established in the United States Fish 
and Wildlife Service of the Department of the Interior the position of 
Assistant Director for Wildlife and Sport Fish Restoration Programs.
    (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.
    (c) Responsibilities.--The Assistant Director for Wildlife and 
Sport Fish Restoration Programs shall be primarily responsible for the 
administration, management, and oversight of the Federal Assistance 
Program for State Wildlife and Sport Fish Restoration 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.).

SEC. 303. CHIEF OF DIVISION OF FEDERAL AID.

    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 are transferred to the Assistant Director for Wildlife and 
Sport Fish Restoration Programs.

SEC. 304. 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 describe--
            (1) 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;
            (2) 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
            (3) any other information concerning the implementation of 
        this Act and the amendments made by this Act that the Secretary 
        of the Interior considers appropriate.
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