[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3742 Introduced in House (IH)]
<DOC>
116th CONGRESS
1st Session
H. R. 3742
To amend the Pittman-Robertson Wildlife Restoration Act to make
supplemental funds available for management of fish and wildlife
species of greatest conservation need as determined by State fish and
wildlife agencies, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 12, 2019
Mrs. Dingell (for herself, Mr. Fortenberry, Mr. Lowenthal, Mr. Vela,
Ms. Lee of California, Mr. Crist, Mr. Rodney Davis of Illinois, Mr.
Amodei, Mr. Rouzer, Mr. Fitzpatrick, Ms. Velazquez, Ms. Schakowsky, Ms.
Eshoo, Ms. Bonamici, Ms. Kuster of New Hampshire, Mr. Hill of Arkansas,
Mr. Hastings, Mr. Schrader, Ms. Dean, Ms. Jackson Lee, Mr. Kilmer, Mr.
Quigley, Mrs. Napolitano, Mr. Austin Scott of Georgia, Mr. Cole, Mr.
Gaetz, Mr. Veasey, Mr. Carbajal, Mr. Upton, Mr. Pappas, Mrs. Axne, Mr.
Michael F. Doyle of Pennsylvania, Mr. Soto, Mr. Courtney, Mrs.
Radewagen, Mr. Mast, Mr. Cuellar, Mr. Simpson, Mr. Cooper, Mr.
Blumenauer, Mr. Marshall, Mr. Rutherford, Mr. Brown of Maryland, Mr.
Krishnamoorthi, Ms. DelBene, Mr. Raskin, Mr. Budd, Mr. Lujan, Mr.
Stivers, Ms. Haaland, Mr. Cohen, Mr. Rush, Mr. Fleischmann, Mr.
Huffman, Mr. Larson of Connecticut, Mr. Grijalva, Ms. Norton, Miss
Gonzalez-Colon of Puerto Rico, Mr. Long, Mr. Kildee, Mr. Cartwright,
and Ms. Tlaib) introduced the following bill; which was referred to the
Committee on Natural Resources, and in addition to the Committee on the
Budget, for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To amend the Pittman-Robertson Wildlife Restoration Act to make
supplemental funds available for management of fish and wildlife
species of greatest conservation need as determined by State fish and
wildlife agencies, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Recovering America's Wildlife Act of
2019''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The populations of several species of wildlife across
America are in crisis. The Nation's efforts to recover at-risk
wildlife populations are not keeping pace with the increased
demand for natural resources and threats to native wildlife,
including disease, invasive species, habitat loss and
fragmentation, shifts in temperature ranges, and extreme
weather. More than 150 species are presumed extinct, another
500 are likely extinct, and more than 12,000 species are
designated as species of greatest conservation need, including
more than 700 wildlife species in the United States that are
already listed as threatened or endangered under the Endangered
Species Act. An assessment of the best-known groups of United
States wildlife and plants indicates that one-third of
America's species are vulnerable to extinction and one-fifth
imperiled and at high-risk of extinction.
(2) A diverse array of species of fish and wildlife is of
significant value to the United States for aesthetic,
ecological, educational, cultural, recreational, economic, and
scientific reasons.
(3) More than 100 million citizens of the United States
participate in outdoor recreation through hunting, fishing,
birding, and other wildlife-dependent recreation, all of which
have significant value to the citizens who engage in those
activities and provide economic benefits to local communities.
(4) It is in the interest of the United States--
(A) to retain for present and future generations
the opportunity to hunt, fish, observe, understand, and
appreciate a wide variety of fish and wildlife;
(B) to recover species of fish and wildlife listed
as threatened species or endangered species under the
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.)
and to prevent fish and wildlife species from declining
to the point of requiring Federal protection under such
Act; and
(C) to support collaborative and proactive
conservation that will sustain the diverse fish and
wildlife populations of the United States.
(5) The first nongovernmental conservation organizations to
instill fish and wildlife conservation values in hunters,
anglers, bird watchers, and all citizens were founded during
the 1880s to 1890s at the behest of hunters and anglers,
including Theodore Roosevelt and naturalist George Bird
Grinnell, who were alarmed that game and sportfish could not
sustain unregulated harvest and that avifauna needed protection
from commercial take.
(6) At the turn of the 20th century, the States--
(A) realized the need to regulate the harvest of
game and sportfish for sustainable use;
(B) required hunters and anglers to obtain licenses
and established regulations for game seasons, bag and
creel limits, and legal means of take for game and
sportfish; and
(C) used the funds received for such licenses
largely for enforcement of such regulations.
(7) In 1937, an alliance between hunters and conservation
organizations, States, the Federal Government, and the shooting
sports industry convinced Congress to transfer to the States
receipts from an existing Federal excise tax on sporting arms
and ammunition, matched by State hunting license dollars, for
the management of wildlife and conservation of habitat under
the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669
et seq.), which greatly enhanced the States' ability to move
from primarily enforcing game seasons and bag limits to
science-based research and management of wildlife.
(8) In 1951, an alliance between anglers and conservation
organizations, States, the Federal Government, and the
sportfishing industry convinced Congress to impose a Federal
excise tax on fishing equipment under the Dingell-Johnson
Sportfish Restoration Act (16 U.S.C. 777 et seq.) and to
transfer to the States such receipts, matched by State fishing
license revenues, to manage sportfish and conserve aquatic
habitats, enhancing the State fish and wildlife department's
ability to use science-based research and management of fish
species.
(9) Such user-pay, public-benefits means of funding fish
and wildlife conservation are unique in the world, having been
started in the United States by sportsmen and sportswomen who
were willing to pay these fees to ensure dedicated funds went
to fish and wildlife conservation delivered by the States.
(10) Such user-pay funds (licenses and excise taxes)--
(A) have benefitted not only hunters and anglers,
but all citizens of the United States by providing
abundant fish and wildlife (including both game and
nongame species), clean water, outdoor recreation,
healthy activities, and quality of life; and
(B) provide, and will continue to provide, a
majority of the funds that are available to State fish
and wildlife departments for science-based research and
management of fish and wildlife.
(11) State fish and wildlife agencies are responsible for
the conservation and management of all fish and wildlife in the
State, but are grossly underfunded because there are few funds
available at the State level for fish and wildlife
conservation, except those driven by hunting and fishing
license revenues and Federal excise tax revenues.
(12) Congress created a subaccount known as the Wildlife
Conservation and Restoration Subaccount under section 3(a)(2)
of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C.
669b(a)(2)) to support the full array of fish and wildlife
conservation needs identified by State fish and wildlife
departments, including for species that are not hunted or
fished, but only authorized appropriations for the Subaccount
for one year.
(13) While some appropriated funds have been made available
through related programs, the lack of assured and sufficient
dedicated funding for the Wildlife Conservation and Restoration
Subaccount has left unrealized the goals of the Subaccount,
thereby allowing fish and wildlife populations to continue to
decline across the United States and resulting in hundreds of
species being listed as threatened species or endangered
species under the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.).
(14) Under the Pittman-Robertson Wildlife Restoration Act
(16 U.S.C. 669 et seq.), each State and territory is required
to seek public input and produce a comprehensive fish and
wildlife conservation strategy, otherwise known as a State
Wildlife Action Plan, to guide the State-led conservation of
the full array of fish, wildlife, and their habitats.
(15) Providing assured and sufficient dedicated funding to
the Wildlife Conservation and Restoration Subaccount will
advance the national interest by assuring sustainable
populations of fish and wildlife species are available for the
use and enjoyment of citizens of the United States through
implementing the comprehensive fish and wildlife conservation
strategy of each State, territory, and the District of
Columbia.
TITLE I--WILDLIFE CONSERVATION AND RESTORATION
SEC. 101. WILDLIFE CONSERVATION AND RESTORATION SUBACCOUNT.
(a) In General.--Section 3 of the Pittman-Robertson Wildlife
Restoration Act (16 U.S.C. 669b) is amended in subsection (c)--
(1) by redesignating paragraphs (2) and (3) as paragraphs
(9) and (10); and
(2) by striking paragraph (1) and inserting the following:
``(1) Establishment of subaccount.--
``(A) In general.--There is established in the fund
a subaccount to be known as the `Wildlife Conservation
and Restoration Subaccount' (referred to in this
section as the `Subaccount').
``(B) Availability.--Amounts in the Subaccount
shall be available without further appropriation, for
each fiscal year, for apportionment in accordance with
this Act.
``(C) Deposits into subaccount.--Beginning in
fiscal year 2020, the Secretary of the Treasury shall
transfer $1,300,000,000 from the general fund of the
treasury each fiscal year to the fund for deposit in
the Subaccount.
``(2) Supplement not supplant.--Amounts transferred to the
Subaccount shall supplement, but not replace, existing funds
available to the States from--
``(A) the funds distributed pursuant to the
Dingell-Johnson Sport Fish Restoration Act (16 U.S.C.
777 et seq.); and
``(B) the fund.
``(3) Innovation grants.--
``(A) In general.--The Secretary shall distribute
10 percent of funds apportioned from the Subaccount
through a competitive grant program to State fish and
wildlife departments, the District of Columbia fish and
wildlife department, fish and wildlife departments of
territories, or to regional associations of fish and
wildlife departments (or any group composed of more
than 1 such entity).
``(B) Purpose.--Such grants shall be provided for
the purpose of catalyzing innovation of techniques,
tools, strategies, or collaborative partnerships that
accelerate, expand, or replicate effective and
measurable recovery efforts for species of greatest
conservation need and species listed under the
Endangered Species Act of 1973 (15 U.S.C. 1531 et seq.)
and the habitats of such species.
``(C) Review committee.--The Secretary shall
appoint a review committee comprised of--
``(i) a State Director from each regional
association of State fish and wildlife
departments;
``(ii) the head of a department responsible
for fish and wildlife management in a
territory; and
``(iii) four individuals representing four
different nonprofit organizations each of which
is actively participating in carrying out
wildlife conservation restoration activities
using funds apportioned from the Subaccount.
``(D) Support from united states fish and wildlife
service.--The United States Fish and Wildlife Service
shall provide any personnel or administrative support
services necessary for such Committee to carry out its
responsibilities under this Act.
``(E) Evaluation.--Such committee shall evaluate
each proposal submitted under this paragraph and
recommend projects for funding.
``(4) Use of funds.--Funds apportioned from the
Subaccount--
``(A) shall be used to carry out, revise, or
enhance existing wildlife and habitat conservation and
restoration programs and to develop and implement new
wildlife conservation and restoration programs to
recover and manage species of greatest conservation
need and the key habitats and plant community types
essential to the conservation of those species as
determined by the appropriate State fish and wildlife
department;
``(B) shall be used to develop, revise, and
implement a wildlife conservation strategy of the State
as may be required by this Act;
``(C) shall be used to assist in the recovery of
species found in the State, territory, or in the case
of funds received by the District of Columbia, the
District of Columbia that are listed as endangered or
threatened under the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.) or under State law;
``(D) may be used for wildlife conservation
education and wildlife-associated recreation projects;
``(E) may be used to manage a species of greatest
conservation need whose range is shared with another
State, territory, Indian Tribe, or foreign government
and for the conservation of the habitat of such
species;
``(F) may be used to manage, control, and prevent
invasive and nuisance species, disease, and other risks
to species of greatest conservation need; and
``(G) may be used for law enforcement activities
that are directly related to the protection and
conservation of a species of greatest conservation need
and the habitat of such species.
``(5) Minimum required spending for species recovery.--Not
less than 10 percent of funds apportioned to a State or
territory from the Subaccount shall be used for purposes
described in paragraph (4)(C).
``(6) Public access to private lands not required.--Funds
apportioned from the Subaccount shall not be conditioned upon
the provision of public access to private lands, waters, or
holdings.
``(7) Requirements for matching funds.--
``(A) For the purposes of the non-Federal fund
matching requirement for a wildlife conservation or
restoration program or project funded by the
Subaccount, a State may use as matching non-Federal
funds--
``(i) funds from Federal agencies other
than the Department of the Interior and the
Department of Agriculture;
``(ii) donated private lands and waters,
including privately owned easements;
``(iii) in circumstances described in
subparagraph (B), revenue generated through the
sale of State hunting and fishing licenses; and
``(iv) other sources consistent with part
80 of title 50, Code of Federal Regulations, in
effect on the date of enactment of the
Recovering America's Wildlife Act of 2019.
``(B) Revenue described in subparagraph (A)(iii)
may only be used to fulfill the requirements of such
non-Federal fund matching requirement if--
``(i) no Federal funds apportioned to the
State fish and wildlife department of such
State from the Wildlife Restoration Program or
the Sport Fish Restoration Program have been
reverted because of a failure to fulfill such
non-Federal fund matching requirement by such
State during the previous 2 years; and
``(ii) the project or program being funded
benefits the habitat of a hunted or fished
species and a species of greatest conservation
need.
``(8) Definitions.--In this subsection, the following
definitions apply:
``(A) Species of greatest conservation need.--The
term `species of greatest conservation need' has the
meaning given to it by each State fish and wildlife
department, with respect to funds apportioned to such
State.
``(B) Territory and territories.--The terms
`territory' and `territories' mean the Commonwealth of
Puerto Rico, Guam, American Samoa, the Commonwealth of
the Northern Mariana Islands, and the United States
Virgin Islands.
``(C) Wildlife.--The term `wildlife' means any
species of wild, freeranging fauna, including fish, and
also fauna in captive breeding programs the object of
which is to reintroduce individuals of a depleted
indigenous species into previously occupied range.''.
(b) Allocation and Apportionment of Available Amounts.--Section 4
of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669c) is
amended--
(1) by redesignating the second subsection (c), relating to
the apportionment of the Wildlife Conservation and Restoration
Account, and subsection (d) as subsections (d) and (e)
respectively;
(2) in subsection (d), as redesignated--
(A) in paragraph (1)--
(i) in subparagraph (A), by striking ``to
the District of Columbia and to the
Commonwealth of Puerto Rico, each'' and
inserting ``To the District of Columbia'';
(ii) in subparagraph (B), by striking ``to
Guam'' and inserting ``To Guam''; and
(iii) by adding at the end the following:
``(C) To the Commonwealth of Puerto Rico, a sum
equal to not more than 1 percent thereof.'';
(B) in paragraph (2)(A), as redesignated--
(i) in clause (i), by striking ``one-
third'' and inserting ``one-half''; and
(ii) in clause (ii), by striking ``two-
thirds'' and inserting ``one-half''; and
(C) in paragraph (3), by striking ``3 percent'' and
inserting ``1.85 percent'';
(3) by amending subsection (e)(4)(B), as redesignated, to
read as follows:
``(B) Not more than an average of 15 percent over a
5-year period of amounts apportioned to each State
under this section for a State's wildlife conservation
and restoration program may be used for wildlife
conservation education and wildlife-associated
recreation.''; and
(4) by adding at the end following:
``(f) Minimization of Planning and Reporting.--Nothing in this Act
shall be interpreted to require a State to create a comprehensive
strategy related to conservation education or outdoor recreation.
``(g) Report to Congress.--Not more than five years after the date
of enactment of the Recovering America's Wildlife Act of 2019 and every
5 years thereafter, each State fish and wildlife department shall
submit a report describing the results derived from activities
accomplished under paragraph (3) to--
``(1) the Committee on Environment and Public Works of the
Senate; and
``(2) the Committee on Natural Resources of the House of
Representatives.''.
SEC. 102. TECHNICAL AMENDMENTS.
(a) Definitions.--Section 2 of the Pittman-Robertson Wildlife
Restoration Act (16 U.S.C. 669a) is amended--
(1) by striking paragraph (5);
(2) by redesignating paragraphs (6) through (9) as
paragraphs (5) through (8), respectively; and
(3) in paragraph (6), as redesignated by paragraph (2), by
inserting ``Indian Tribes, academic institutions,'' before
``wildlife conservation organizations''.
(b) Conforming Amendments.--The Pittman-Robertson Wildlife
Restoration Act (16 U.S.C. 669a et seq.) is amended--
(1) in section 3--
(A) in subsection (a)--
(i) by striking ``(1) An amount equal to''
and inserting ``An amount equal to''; and
(ii) by striking paragraph (2);
(B) in subsection (c)--
(i) in paragraph (9), as redesignated by
section 101(a)(1), by striking ``or an Indian
tribe''; and
(ii) in paragraph (10), as redesignated by
section 101(a)(1), by striking ``Wildlife
Conservation and Restoration Account'' and
inserting ``Subaccount''; and
(C) in subsection (d), by striking ``Wildlife
Conservation and Restoration Account'' and inserting
``Subaccount'';
(2) in section 4 (16 U.S.C. 669c)--
(A) in subsection (d), as redesignated--
(i) in the heading, by striking ``Account''
and inserting ``Subaccount''; and
(ii) by striking ``Account'' each place it
appears and inserting ``Subaccount''; and
(B) in subsection (e)(1), as redesignated, by
striking ``Account'' and inserting ``Subaccount''; and
(3) in section 8 (16 U.S.C. 669g), in subsection (a), by
striking ``Account'' and inserting ``Subaccount''.
SEC. 103. SAVINGS CLAUSE.
The Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669 et
seq.) is amended--
(1) by redesignating section 13 as section 15; and
(2) by inserting after section 12 the following:
``SEC. 13. SAVINGS CLAUSE.
``Nothing in this Act shall be construed to enlarge or diminish the
authority, jurisdiction, or responsibility of a State to manage,
control, or regulate fish and wildlife under the law and regulations of
the State on lands and waters within the State, including on Federal
lands and waters.
``SEC. 14. STATUTORY CONSTRUCTION WITH RESPECT TO ALASKA.
``If any conflict arises between any provision of this Act and any
provision of the Alaska National Interest Lands Conservation Act
(Public Law 46-487, 16 U.S.C. 3101 et seq.), then the provision in the
Alaska National Interest Lands Conservation Act shall prevail.''.
SEC. 104. EXCLUSION FROM PAYGO SCORECARDS.
(a) Statutory Pay-As-You-Go Scorecards.--The budgetary effects of
this Act shall not be entered on any PAYGO scorecard maintained
pursuant to section 4(d) of the Statutory Pay-As-You-Go Act of 2010.
(b) Senate PAYGO Scorecards.--The budgetary effects of this Act
shall not be entered on any PAYGO scorecard maintained for purposes of
section 4106 of H. Con. Res. 71 (115th Congress), the concurrent
resolution on the budget for fiscal year 2018.
TITLE II--TRIBAL WILDLIFE CONSERVATION AND RESTORATION
SEC. 201. INDIAN TRIBES.
(a) Findings.--Congress finds that--
(1) Indian Tribes are responsible for conservation and
management of all fish, wildlife, and flora on lands within
their jurisdiction;
(2) however, their efforts remain grossly underfunded;
(3) Tribes do not benefit from Federal excise tax revenues;
(4) Tribal lands and waters provide vital habitat for
hundreds of federally listed, sensitive, economically important
and culturally significant species; and
(5) a stable and consistent funding source that supports
Tribal wildlife conservation and management will benefit the
well-being of Tribes and the species they protect and conserve.
(b) Definitions.--In this section--
(1) Account.--The term ``Account'' means the Tribal
Wildlife Conservation and Restoration Account established by
subsection (c)(1).
(2) Indian tribe.--The term ``Indian Tribe'' has the
meaning given such term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(4) Tribal species of greatest conservation need.--The term
``Tribal species of greatest conservation need'' means any
species identified by an Indian Tribe as requiring conservation
management because of declining population, habitat loss, or
other threats, or because of their biological or cultural
importance to such Tribe.
(5) Wildlife.--The term ``wildlife'' means--
(A) any species of wild flora or fauna including
fish and marine mammals;
(B) flora or fauna in a captive breeding,
rehabilitation, and holding or quarantine program, the
object of which is to reintroduce individuals of a
depleted indigenous species into previously occupied
range or to maintain a species for conservation
purposes; and
(C) does not include game farm animals.
(c) Tribal Wildlife Conservation and Restoration Account.--
(1) In general.--There is established in the Treasury an
account to be known as the ``Tribal Wildlife Conservation and
Restoration Account''.
(2) Availability.--Amounts in the Account shall be
available for each fiscal year without further appropriation
for apportionment in accordance with this title.
(3) Deposits.--Beginning in fiscal year 2020, and each
fiscal year thereafter, the Secretary of the Treasury shall
transfer $97,500,000 to the Account.
(d) Distribution of Funds to Indian Tribes.--Each fiscal year, the
Secretary of the Treasury shall deposit funds into the Account and
distribute such funds through a noncompetitive application process
according to guidelines and criteria determined by the Secretary of the
Interior, acting through the Director of the Bureau of Indian Affairs,
in consultation with Indian Tribes. Such funds shall remain available
until expended.
(e) Wildlife Management Responsibilities.--The distribution
guidelines and criteria described in subsection (d) shall be based, in
part, upon Indian Tribes' wildlife management responsibilities.
(f) Use of Funds.--
(1) In general.--Except as provided in paragraph (2), the
Secretary may distribute funds from the Account to an Indian
Tribe for any of the following purposes:
(A) To develop, carry out, revise, or enhance
wildlife conservation and restoration programs to
manage Tribal species of greatest conservation need and
the habitats of such species as determined by the such
Indian Tribe.
(B) To assist in the recovery of species listed as
an endangered or threatened species under the
Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.).
(C) For wildlife conservation education and
wildlife-associated recreation projects.
(D) To manage a Tribal species of greatest
conservation need and the habitat of such species, the
range of which may be shared with a foreign country,
State, or other Indian Tribe.
(E) To manage, control, and prevent invasive
species as well as diseases and other risks to
wildlife.
(F) For law enforcement activities that are
directly related to the protection and conservation of
wildlife.
(G) To develop, revise, and implement comprehensive
wildlife conservation strategies and plans for such
Tribe.
(H) For the hiring and training of wildlife
conservation and restoration program staff.
(2) Conditions on the use of funds.--
(A) Required use of funds.--In order to be eligible
to receive funds under subsection (d), a Tribe's
application must include a proposal to use funds for at
least one of the purposes described in subparagraphs
(A) and (B) of paragraph (1).
(B) Imperiled species recovery.--In distributing
funds under this section, the Secretary shall
distribute not less than 15 percent of the total funds
distributed to proposals to fund the recovery of a
species, subspecies, or distinct population segment
listed as a threatened species, endangered species, or
candidate species under the Endangered Species Act of
1973 (16 U.S.C. 1531 et seq.) or Tribal law.
(C) Limitation.--In distributing funds under this
section, the Secretary shall distribute not more than
15 percent of all funds distributed under this section
for the purpose described in paragraph (1)(C).
(g) No Matching Funds Required.--No Indian Tribe shall be required
to provide matching funds to be eligible to receive funds under this
Act.
(h) Public Access Not Required.--Funds apportioned from the Tribal
Wildlife Conservation and Restoration Account shall not be conditioned
upon the provision of public or non-Tribal access to Tribal or private
lands, waters, or holdings.
(i) Administrative Costs.--Of the funds deposited under subsection
(c)(3) for each fiscal year, not more than 3 percent shall be used by
the Secretary for administrative costs.
(j) Savings Clause.--Nothing in this Act shall be construed as
modifying or abrogating a treaty with any Indian Tribe, or as enlarging
or diminishing the authority, jurisdiction, or responsibility of an
Indian Tribe to manage, control, or regulate wildlife.
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