[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3396 Introduced in House (IH)]

<DOC>






117th CONGRESS
  1st Session
                                H. R. 3396

  To create dedicated funds to conserve butterflies in North America, 
plants in the Pacific Islands, freshwater mussels in the United States, 
and desert fish in the Southwest United States, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 20, 2021

 Mr. Grijalva (for himself, Mr. Blumenauer, Mr. Case, Mr. Cohen, Mrs. 
    Dingell, Mr. Huffman, Mr. Sablan, Mr. Sires, Mr. Soto, and Ms. 
  Velazquez) introduced the following bill; which was referred to the 
                     Committee on Natural Resources

_______________________________________________________________________

                                 A BILL


 
  To create dedicated funds to conserve butterflies in North America, 
plants in the Pacific Islands, freshwater mussels in the United States, 
and desert fish in the Southwest United States, and for other purposes.

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

SECTION 1. SHORT TITLE.

    (a) Short Title.--This Act may be cited as the ``Extinction 
Prevention Act of 2021''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title.
       TITLE I--NORTH AMERICA BUTTERFLY CONSERVATION ACT OF 2021

Sec. 101. Short title.
Sec. 102. Purposes.
Sec. 103. Definitions.
Sec. 104. North America butterfly conservation assistance.
Sec. 105. North America Butterfly Conservation Fund.
Sec. 106. Authorization of appropriations.
Sec. 107. Report to congress.
     TITLE II--PACIFIC ISLANDS PLANT CONSERVATION FUND ACT OF 2021

Sec. 201. Short title.
Sec. 202. Purposes.
Sec. 203. Definitions.
Sec. 204. Pacific islands plant conservation assistance.
Sec. 205. Pacific islands plant conservation fund.
Sec. 206. Authorization of appropriations.
Sec. 207. Report to congress.
       TITLE III--FRESHWATER MUSSEL CONSERVATION FUND ACT OF 2021

Sec. 301. Short title.
Sec. 302. Purposes.
Sec. 303. Definitions.
Sec. 304. Freshwater mussel conservation assistance.
Sec. 305. Freshwater Mussels Conservation Fund.
Sec. 306. Authorization of appropriations.
Sec. 307. Report to Congress.
     TITLE IV--SOUTHWEST DESERT FISH CONSERVATION FUND ACT OF 2021

Sec. 401. Short title.
Sec. 402. Purposes.
Sec. 403. Definitions.
Sec. 404. Southwest desert fish conservation assistance.
Sec. 405. Southwest Desert Fish Conservation Fund.
Sec. 406. Authorization of appropriations.
Sec. 407. Report to Congress.

       TITLE I--NORTH AMERICA BUTTERFLY CONSERVATION ACT OF 2021

SEC. 101. SHORT TITLE.

     This title may be cited as the ``North America Butterfly 
Conservation Fund Act of 2021''.

SEC. 102. PURPOSES.

    The purposes of this title are--
            (1) to perpetuate healthy populations of butterflies in 
        North America;
            (2) to assist in the conservation of threatened and 
        endangered butterflies by supporting conservation initiatives 
        in North America; and
            (3) to provide financial resources and to foster 
        international cooperation for those initiatives.

SEC. 103. DEFINITIONS.

    In this title:
            (1) Conservation.--The term ``conservation'' means the use 
        of all methods and procedures necessary to protect habitats of 
        butterflies in North America and of butterflies in those 
        habitats, including--
                    (A) protection, restoration, and management of 
                habitats;
                    (B) onsite research and monitoring of populations, 
                habitats, annual reproduction, and butterfly species 
                population trends;
                    (C) assistance in the development, implementation, 
                and improvement of national and regional management 
                plans;
                    (D) enforcement and implementation of applicable 
                conservation laws; and
                    (E) community outreach and education.
            (2) Fund.--The term ``Fund'' means the North America 
        Butterfly Conservation Fund established by section 105.
            (3) Butterfly.--The terms ``butterfly'' and ``butterflies'' 
        mean any member of the order Lepidoptera.
            (4) North america.--The term ``North America'' means the 
        United States, Canada, Mexico, Antigua and Barbuda, Bahamas, 
        Barbados, Belize, Costa Rica, Cuba, Dominica, Dominican 
        Republic, El Salvador, Grenada, Guatemala, Haiti, Honduras, 
        Jamaica, Nicaragua, Panama, Saint Kitts and Nevis, Saint Lucia, 
        Saint Vincent and the Grenadines, and Trinidad and Tobago.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.

SEC. 104. NORTH AMERICA BUTTERFLY CONSERVATION ASSISTANCE.

    (a) Assistance.--
            (1) In general.--Subject to the availability of funds and 
        in consultation with other Federal officials, the Secretary 
        shall use amounts in the Fund to provide financial assistance 
        for projects for the conservation of butterflies for which 
        project proposals are approved by the Secretary in accordance 
        with this section.
            (2) Use of existing authorities.--Assistance provided under 
        this section shall be carried out in a manner consistent with 
        authorities available to the Secretary under the Endangered 
        Species Act of 1973 (16 U.S.C. 1531 et seq.).
    (b) Project Proposals.--
            (1) Eligible applicants.--A proposal for a project for the 
        conservation of butterflies may be submitted to the Secretary 
        by--
                    (A) a relevant State or Tribal agency, research 
                institution, nonprofit organization, or wildlife 
                management authority in North America that--
                            (i) has within its boundaries butterfly 
                        habitat; and
                            (ii) directly or indirectly affects 
                        butterfly conservation; or
                    (B) any other individual or entity, as determined 
                appropriate by the Secretary, with the demonstrated 
                expertise required for the conservation of butterflies 
                in North America.
            (2) Federal partnership opportunities.--A Federal agency 
        may not be a lead entity or receive funding for a project under 
        this section, but may be included as a partner or collaborator 
        on a project that receives such funding.
            (3) Required elements.--A project proposal shall include--
                    (A) a statement of the purposes of the project;
                    (B) the name of the entity or individual with 
                overall responsibility for the project;
                    (C) a description of--
                            (i) the qualifications of the entity or 
                        individuals that will conduct the project;
                            (ii) methods for project implementation and 
                        outcome assessment;
                            (iii) staffing and stakeholder engagement 
                        for the project;
                            (iv) the logistics of the project, 
                        including cost estimates and timelines;
                            (v) anticipated outcomes; and
                            (vi) mechanisms to encourage adequate local 
                        public participation in project development and 
                        implementation;
                    (D) assurances that the project will be implemented 
                in consultation with relevant wildlife management 
                authorities, Tribes, and other appropriate government 
                officials;
                    (E) evidence of free, informed, and prior consent 
                by indigenous communities in the areas the project will 
                be conducted, if the Secretary determines that such 
                consent is required for the success of the project;
                    (F) demonstrated sensitivity to local historic and 
                cultural resources and compliance with applicable laws;
                    (G) information that demonstrates the potential of 
                the project to contribute to the conservation of 
                butterfly populations in North America;
                    (H) evidence of support for the project by 
                appropriate governmental entities of the countries, 
                Tribes, and indigenous communities in which the project 
                will be conducted, if the Secretary determines that 
                such support is required for the success of the 
                project;
                    (I) information regarding the source and amount of 
                matching funding available for the project; and
                    (J) such other information as the Secretary may 
                require.
    (c) Project Review and Approval.--
            (1) In general.--The Secretary shall--
                    (A) not later than 30 days after receiving a 
                project proposal, provide a copy of the proposal to 
                other Federal officials, as appropriate; and
                    (B) review each project proposal in a timely manner 
                to determine whether the proposal meets the criteria 
                specified in subsection (d).
            (2) Consultation; approval or disapproval.--Not later than 
        180 days after receiving a project proposal, and subject to the 
        availability of funds, the Secretary, after consulting with 
        other Federal officials, as appropriate, shall--
                    (A) consult on the proposal with the government of 
                each country in which the project is to be conducted;
                    (B) after taking into consideration any comments 
                resulting from the consultation, approve or disapprove 
                the project proposal; and
                    (C) provide written notification of the approval or 
                disapproval to the person that submitted the project 
                proposal, such other Federal officials, and each 
                country described in subparagraph (A).
    (d) Criteria for Approval.--
            (1) In general.--The Secretary may approve a project 
        proposal under this section if the project will help recover 
        and sustain viable populations of butterflies in the wild by 
        assisting efforts in North America to implement butterfly 
        conservation programs.
            (2) Priority.--In selecting projects for assistance, the 
        Secretary shall give preference to projects that conserve 
        threatened and endangered species protected by the Endangered 
        Species Act (16 U.S.C. 1531 et seq.).
            (3) Project sustainability.--To the maximum extent 
        practicable, in determining whether to approve project 
        proposals under this section, the Secretary shall give 
        preference to conservation projects that are designed to ensure 
        effective, long-term conservation of butterflies and their 
        habitats.
            (4) Matching funds.--In determining whether to approve 
        project proposals under this section, the Secretary shall give 
        preference to projects for which matching funds are available.
            (5) Waiver.--The Secretary may waive the application of 
        paragraphs (2), (3), and (4) if the Secretary finds that such 
        waiver is necessary to support a conservation project that the 
        Secretary has identified as of high priority.
    (e) Project Reporting.--
            (1) In general.--Each person that receives assistance under 
        this section for a project shall submit to the Secretary 
        periodic reports (at such intervals as the Secretary may 
        require) that include all information that the Secretary, after 
        consultation with other government officials, determines is 
        necessary to evaluate the progress and success of such project 
        for the purposes of ensuring positive results, assessing 
        problems, and fostering improvements.
            (2) Availability to the public.--Reports under paragraph 
        (1), and any other documents relating to projects for which 
        financial assistance is provided under this title, shall be 
        made available to the public.

SEC. 105. NORTH AMERICA BUTTERFLY CONSERVATION FUND.

    (a) Establishment.--There is established in the Treasury a separate 
account, to be known as the ``North America Butterfly Conservation 
Fund'', consisting of--
            (1) amounts transferred to the Secretary of the Treasury 
        for deposit into the Fund under subsection (e);
            (2) amounts appropriated to the Fund under section 106; and
            (3) any interest earned on investment of amounts in the 
        Fund under subsection (c).
    (b) Expenditures From Fund.--
            (1) In general.--Subject to paragraph (2), at the request 
        of the Secretary, the Secretary of the Treasury shall transfer 
        from the Fund to the Secretary, without further appropriation, 
        such amounts as the Secretary determines are necessary to carry 
        out section 104.
            (2) Administrative expenses.--Of the amounts in the account 
        available for each fiscal year, the Secretary may expend not 
        more than 3 percent, or up to $80,000, whichever is greater, to 
        pay the administrative expenses necessary to carry out this 
        title.
    (c) Investment of Amounts.--
            (1) In general.--The Secretary of the Treasury shall invest 
        such portion of the Fund as is not, in the judgment of the 
        Secretary of the Treasury, required to meet current 
        withdrawals. Investments may be made only in interest-bearing 
        obligations of the United States.
            (2) Acquisition of obligations.--For the purpose of 
        investments under paragraph (1), obligations may be acquired--
                    (A) on original issue at the issue price; or
                    (B) by purchase of outstanding obligations at 
                market price.
            (3) Sale of obligations.--Any obligation acquired by the 
        Fund may be sold by the Secretary of the Treasury at market 
        price.
            (4) Credits to fund.--The interest on, and the proceeds 
        from the sale or redemption of, any obligations held in the 
        Fund shall be credited to and form a part of the Fund.
    (d) Transfers of Amounts.--
            (1) In general.--The amounts required to be transferred to 
        the Fund under this section shall be transferred at least 
        monthly from the general fund of the Treasury to the Fund on 
        the basis of estimates made by the Secretary of the Treasury.
            (2) Adjustments.--Proper adjustment shall be made in 
        amounts subsequently transferred to the extent prior estimates 
        were in excess of or less than the amounts required to be 
        transferred.
    (e) Acceptance and Use of Donations.--
            (1) In general.--The Secretary may accept for the 
        Government a gift of any of the following to provide assistance 
        under section 104:
                    (A) money;
                    (B) an obligation of the Government included in the 
                public debt made only on the condition that the 
                obligation be canceled and retired and not reissued; 
                and
                    (C) other intangible personal property made only on 
                the condition that the property is sold on the best 
                terms available and the proceeds are deposited in the 
                Fund.
            (2) Discretion to reject a gift.--The Secretary may reject 
        a gift under this section when the rejection is in the interest 
        of the Government.
            (3) Taxes.--If a gift received under this subsection is 
        subject to a gift or inheritance tax, the Secretary may pay the 
        tax out of the proceeds of the gift or the proceeds of the 
        redemption or sale of the gift.

SEC. 106. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Secretary $5,000,000 
for each of fiscal years 2022 through 2027 to carry out this title.

SEC. 107. REPORT TO CONGRESS.

    The Secretary shall submit an annual report to Congress not later 
than January 31 of each year regarding the Fund and the status of 
butterflies in North America. Each such report shall include with 
respect to the year for which such report is submitted a description 
of--
            (1) the total amounts deposited into and expended from the 
        Fund;
            (2) the costs associated with the administration of the 
        Fund;
            (3) a summary of the projects for which the Secretary has 
        provided assistance under section 104 and an evaluation of 
        those projects; and
            (4) an evaluation of the status of threatened and 
        endangered butterfly populations in North America.

     TITLE II--PACIFIC ISLANDS PLANT CONSERVATION FUND ACT OF 2021

SEC. 201. SHORT TITLE.

    This title may be cited as the ``Pacific Islands Plant Conservation 
Fund Act of 2021''.

SEC. 202. PURPOSES.

    The purpose of this title is to assist in the conservation of 
threatened and endangered plant species in the Hawaiian Islands and the 
Pacific Island Territories of the United States by supporting and 
providing financial resources for projects to conserve plant species, 
their ecosystems, and address other threats to the survival of those 
plant species.

SEC. 203. DEFINITIONS.

    In this title:
            (1) Conservation.--The term ``conservation'' means the use 
        of all methods and procedures necessary to protect plants in 
        the Pacific Islands including--
                    (A) protection, restoration, and management of 
                ecosystems;
                    (B) onsite research and monitoring of populations, 
                ecosystems, annual reproduction, and plant population 
                trends;
                    (C) assistance in the development, implementation, 
                and improvement of management plans;
                    (D) enforcement and implementation of applicable 
                conservation laws; and
                    (E) community outreach and education.
            (2) Fund.--The term ``Fund'' means the Pacific Islands 
        Plant Conservation Fund established by section 205.
            (3) Pacific islands.--The term ``Pacific Islands'' means 
        the Hawaiian islands and the United States territories of Guam, 
        American Samoa, and the Northern Mariana Islands.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.

SEC. 204. PACIFIC ISLANDS PLANT CONSERVATION ASSISTANCE.

    (a) Assistance.--
            (1) In general.--Subject to the availability of funds and 
        in consultation with other Federal officials, the Secretary of 
        Interior shall provide competitive financial assistance, 
        including multiyear grants, for projects for the conservation 
        of plant species on the Pacific Islands for which project 
        proposals are approved by the Secretary in accordance with this 
        section.
            (2) Use of existing authorities.--Assistance provided under 
        this section shall be carried out in a manner consistent with 
        authorities available to the Secretary under the Endangered 
        Species Act of 1973 (16 U.S.C. 1531 et seq.).
    (b) Project Proposals.--
            (1) Eligible applicants.--A project proposal may be 
        submitted to the Secretary under this section by--
                    (A) a relevant State, territory, or Tribal agency 
                with the research expertise required for the 
                conservation of plant species on the Pacific Islands; 
                and
                    (B) any other individual or entity, as determined 
                appropriate by the Secretary, with the expertise 
                required for the conservation of plant species on the 
                Pacific Islands.
            (2) Federal partnership opportunities.--A Federal agency 
        may not be a lead entity or receive funding for a project under 
        this section, but may be included as a partner or collaborator 
        on a project that receives such funding.
            (3) Required elements.--A project proposal shall include--
                    (A) a statement of the purposes of the project;
                    (B) the name of the entity or individual with 
                overall responsibility for the project;
                    (C) a description of--
                            (i) the qualifications of the entity or 
                        individuals that will conduct the project;
                            (ii) methods for project implementation and 
                        outcome assessment;
                            (iii) staffing and stakeholder engagement 
                        for the project;
                            (iv) the logistics of the project, 
                        including cost estimates and timelines;
                            (v) anticipated outcomes;
                            (vi) mechanisms to ensure adequate local 
                        public participation in project development and 
                        implementation; and
                            (vii) how the project will promote 
                        sustainable, effective, long-term programs to 
                        conserve plant populations on the Pacific 
                        Islands;
                    (D) demonstrated sensitivity to local historic and 
                cultural resources and compliance with applicable laws;
                    (E) assurances that the project will be implemented 
                in consultation with relevant wildlife management 
                authorities, Tribes, and other appropriate government 
                officials;
                    (F) information that demonstrates the clear 
                potential of the project to contribute to the 
                conservation of threatened and endangered plant species 
                on the Pacific Islands;
                    (G) information regarding the source and amount of 
                matching funding available for the project; and
                    (H) such other information as the Secretary may 
                require.
    (c) Project Review and Approval.--
            (1) In general.--The Secretary shall annually--
                    (A) not later than 30 days after receiving a 
                project proposal, provide a copy of the proposal to 
                other Federal officials, as appropriate; and
                    (B) review each project proposal in a timely manner 
                to determine whether the proposal meets the criteria 
                specified in subsection (d).
            (2) Consultation; approval or disapproval.--Subject to the 
        availability of funds, the Secretary shall, with respect to 
        each project proposal submitted under this section, and after 
        consulting with other Federal officials, as appropriate--
                    (A) consult with respect to the proposal with the 
                government of the State or territory in which such 
                project is to be conducted; and
                    (B) provide written notification of the approval or 
                disapproval to the individual or entity that submitted 
                the proposal, such other Federal officials, and each 
                State described in subparagraph (A).
    (d) Criteria for Approval.--
            (1) In general.--The Secretary may approve a project 
        proposal under this section if the project will help recover 
        and sustain viable populations of threatened and endangered 
        plants by assisting efforts on the Pacific Islands to implement 
        plant conservation programs.
            (2) Priority.--In selecting projects for assistance, the 
        Secretary shall give preference to projects that conserve 
        threatened and endangered species protected by the Endangered 
        Species Act (16 U.S.C. 1531 et seq.).
            (3) Project sustainability.--To the maximum extent 
        practicable, in determining whether to approve project 
        proposals under this section, the Secretary shall give 
        preference to conservation projects that are designed to ensure 
        effective, long-term conservation of plants and their 
        ecosystems.
            (4) Matching funds.--In determining whether to approve 
        project proposals under this section, the Secretary shall give 
        preference to projects for which matching funds are available.
            (5) Waiver.--The Secretary may waive the application of 
        paragraphs (2), (3), and (4) if the Secretary finds that such 
        waiver is necessary to support a conservation project that the 
        Secretary has identified as of high priority.
    (e) Project Reporting.--
            (1) In general.--Each individual or entity that receives 
        assistance under this section for a project shall submit to the 
        Secretary periodic reports (at such intervals as the Secretary 
        may require) that include all information that the Secretary, 
        after consultation with other government officials, determines 
        is necessary to evaluate the progress and success of such 
        project for the purposes of ensuring positive results, 
        assessing problems, and fostering improvements.
            (2) Availability to the public.--Reports under paragraph 
        (1), and any other documents relating to projects for which 
        financial assistance is provided under this title, shall be 
        made available to the public in a timely manner.

SEC. 205. PACIFIC ISLANDS PLANT CONSERVATION FUND.

    (a) Establishment.--There is established in the Treasury a separate 
account, to be known as the ``Pacific Islands Plant Conservation 
Fund'', consisting of--
            (1) amounts transferred to the Secretary of the Treasury 
        for deposit into the Fund under subsection (e);
            (2) amounts appropriated to the Fund under section 206; and
            (3) any interest earned on investment of amounts in the 
        Fund under subsection (c).
    (b) Expenditures From Fund.--
            (1) In general.--Subject to paragraph (2), at the request 
        of the Secretary, the Secretary of the Treasury shall transfer 
        from the Fund to the Secretary, without further appropriation, 
        such amounts as the Secretary determines are necessary to carry 
        out section 204.
            (2) Administrative expenses.--Of the amounts in the account 
        available for each fiscal year, the Secretary may expend not 
        more than 3 percent, or up to $80,000, whichever is greater, to 
        pay the administrative expenses necessary to carry out this 
        title.
    (c) Investment of Amounts.--
            (1) In general.--The Secretary of the Treasury shall invest 
        such portion of the Fund as is not, in the judgment of the 
        Secretary of the Treasury, required to meet current 
        withdrawals. Investments may be made only in interest-bearing 
        obligations of the United States.
            (2) Acquisition of obligations.--For the purpose of 
        investments under paragraph (1), obligations may be acquired--
                    (A) on original issue at the issue price; or
                    (B) by purchase of outstanding obligations at 
                market price.
            (3) Sale of obligations.--Any obligation acquired by the 
        Fund may be sold by the Secretary of the Treasury at market 
        price.
            (4) Credits to fund.--The interest on, and the proceeds 
        from the sale or redemption of, any obligations held in the 
        Fund shall be credited to and form a part of the Fund.
    (d) Transfers of Amounts.--
            (1) In general.--The amounts required to be transferred to 
        the Fund under this section shall be transferred at least 
        monthly from the general fund of the Treasury to the Fund on 
        the basis of estimates made by the Secretary of the Treasury.
            (2) Adjustments.--Proper adjustment shall be made in 
        amounts subsequently transferred to the extent prior estimates 
        were in excess of or less than the amounts required to be 
        transferred.
    (e) Acceptance and Use of Donations.--
            (1) In general.--The Secretary may accept for the 
        Government a gift of any of the following to provide assistance 
        under section 204:
                    (A) Money.
                    (B) An obligation of the Government included in the 
                public debt made only on the condition that the 
                obligation be canceled and retired and not reissued.
                    (C) Other intangible personal property made only on 
                the condition that the property is sold on the best 
                terms available and the proceeds are deposited in the 
                Fund.
            (2) Discretion to reject a gift.--The Secretary may reject 
        a gift under this section when the rejection is in the interest 
        of the Government.
            (3) Taxes.--If a gift received under this subsection is 
        subject to a gift or inheritance tax, the Secretary may pay the 
        tax out of the proceeds of the gift or the proceeds of the 
        redemption or sale of the gift.

SEC. 206. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Secretary $5,000,000 
for each of fiscal years 2022 through 2027 to carry out this title.

SEC. 207. REPORT TO CONGRESS.

    The Secretary shall submit an annual report to Congress not later 
than January 31 of each year regarding the Fund and the status of 
threatened and endangered plant species on the Hawaiian Islands. Each 
such report shall include with respect to the year for which the report 
is submitted a description of--
            (1) the total amounts deposited into and expended from the 
        Fund;
            (2) the costs associated with the administration of the 
        Fund;
            (3) a summary of the projects for which the Secretary has 
        provided assistance under section 204 and an evaluation of 
        those projects; and
            (4) an evaluation of the status of threatened and 
        endangered plant populations on the Pacific Islands.

       TITLE III--FRESHWATER MUSSEL CONSERVATION FUND ACT OF 2021

SEC. 301. SHORT TITLE.

    This title may be cited as the ``Freshwater Mussel Conservation 
Fund Act of 2021''.

SEC. 302. PURPOSES.

    The purpose of this title is to assist in the conservation of 
threatened and endangered freshwater mussels species and their habitats 
in the United States by supporting and providing financial resources 
for projects to conserve freshwater mussel species, their habitats, and 
address other threats to the survival of those species.

SEC. 303. DEFINITIONS.

    In this title:
            (1) Conservation.--The term ``conservation'' means the use 
        of all methods and procedures necessary to protect habitats of 
        freshwater mussel species in the United States and of the 
        freshwater mussel species in those habitats including--
                    (A) protection, restoration, and management of 
                habitats;
                    (B) onsite research and monitoring of populations, 
                habitats, annual reproduction, and mussel species 
                population trends;
                    (C) assistance in the development, implementation, 
                and improvement of national and regional management 
                plans;
                    (D) enforcement and implementation of applicable 
                conservation laws; and
                    (E) community outreach and education.
            (2) Fund.--The term ``Fund'' means the Freshwater Mussel 
        Conservation Fund established by section 305.
            (3) Freshwater mussels.--The terms ``freshwater mussel'' 
        and ``freshwater mussels'' mean any member of the order 
        Unioinida.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.

SEC. 304. FRESHWATER MUSSEL CONSERVATION ASSISTANCE.

    (a) In General.--Subject to the availability of funds and in 
consultation with other Federal officials, the Secretary of Interior 
shall provide competitive financial assistance, including multiyear 
grants, for projects for the conservation of freshwater mussels in the 
United States for which project proposals are approved by the Secretary 
in accordance with this section.
    (b) Use of Existing Authorities.--Assistance provided under this 
section shall be carried out in a manner consistent with authorities 
available to the Secretary under the Endangered Species Act of 1973 (16 
U.S.C. 1531 et seq.).
    (c) Project Proposals.--
            (1) Eligible applicants.--A project proposal may be 
        submitted to the Secretary under this section by--
                    (A) a relevant State and Tribal agency, research 
                institution, or nonprofit organization with the 
                expertise required for the conservation of freshwater 
                mussels in the United States; and
                    (B) any other individual or entity, as determined 
                appropriate by the Secretary, with the expertise 
                required for the conservation of freshwater mussels in 
                the United States.
            (2) Federal partnership opportunities.--A Federal agency 
        may not be a lead entity or receive funding for a project under 
        this section, but may be included as a partner or collaborator 
        on a project that receives such funding.
            (3) Required elements.--A project proposal shall include--
                    (A) a statement of the purposes of the project;
                    (B) the name of the entity or individual with 
                overall responsibility for the project;
                    (C) a description of--
                            (i) the qualifications of the entity or 
                        individuals that will conduct the project;
                            (ii) methods for project implementation and 
                        outcome assessment;
                            (iii) staffing and stakeholder engagement 
                        for the project;
                            (iv) the logistics of the project, 
                        including cost estimates and timelines;
                            (v) anticipated outcomes;
                            (vi) mechanisms to ensure adequate local 
                        public participation in project development and 
                        implementation; and
                            (vii) how the project will promote 
                        sustainable, effective, long-term programs to 
                        conserve plant populations on the Pacific 
                        Islands;
                    (D) demonstrated sensitivity to local historic and 
                cultural resources and compliance with applicable laws;
                    (E) assurances that the project will be implemented 
                in consultation with relevant wildlife management 
                authorities, Tribes, and other appropriate government 
                officials;
                    (F) information that demonstrates the clear 
                potential of the project to contribute to the 
                conservation of freshwater mussels in the United 
                States;
                    (G) information regarding the source and amount of 
                matching funding available for the project; and
                    (H) such other information as the Secretary may 
                require.
    (d) Project Review and Approval.--
            (1) In general.--The Secretary shall annually--
                    (A) solicit project proposals for grants under this 
                section;
                    (B) provide to other Federal officials, as 
                appropriate, copies of each proposal submitted in 
                response to the solicitation; and
                    (C) review each such proposal on a timeline that 
                recognizes the urgency of the declining number of 
                freshwater mussel species in the United States to 
                determine whether the proposal meets the criteria 
                specified in subsection (d).
            (2) Consultation; approval or disapproval.--Subject to the 
        availability of funds, the Secretary shall, with respect to 
        each project proposal submitted under this section, and after 
        consulting with other Federal officials, as appropriate--
                    (A) consult with respect to the proposal with the 
                government of each State and foreign country in which 
                the project is to be conducted; and
                    (B) provide written notification of the approval or 
                disapproval to the individual or entity that submitted 
                the proposal, such other Federal officials, and each 
                State and foreign country described in subparagraph 
                (A).
    (e) Criteria for Approval.--
            (1) In general.--The Secretary may approve a project 
        proposal under this section if the project shows promise for 
        contributing to recovering and sustaining freshwater mussel 
        populations in the United States in the wild.
            (2) Priority.--In selecting projects for assistance, the 
        Secretary shall give preference to projects that conserve 
        threatened and endangered species protected by the Endangered 
        Species Act (16 U.S.C. 1531 et seq.).
            (3) Project sustainability.--To the maximum extent 
        practicable, in determining whether to approve project 
        proposals under this section, the Secretary shall give 
        preference to conservation projects that are designed to ensure 
        effective, long-term conservation of freshwater mussels and 
        their habitats.
            (4) Matching funds.--In determining whether to approve 
        project proposals under this section, the Secretary shall give 
        preference to projects for which matching funds are available.
            (5) Waiver.--The Secretary may waive the application of 
        paragraphs (2), (3), and (4) with respect to a conservation 
        project if the Secretary finds that such waiver is necessary to 
        support a conservation project that the Secretary has 
        identified as of high priority.
    (f) Project Reporting.--
            (1) In general.--Each individual or entity that receives 
        assistance under this section for a project shall submit to the 
        Secretary periodic reports (at such intervals as the Secretary 
        may require) that include all information that the Secretary, 
        after consultation with other government officials, determines 
        is necessary to evaluate the progress and success of such 
        project for the purposes of ensuring positive results, 
        assessing problems, and fostering improvements.
            (2) Availability to the public.--Reports under paragraph 
        (1), and any other documents relating to projects for which 
        financial assistance is provided under this title, shall be 
        made available to the public in a timely manner.

SEC. 305. FRESHWATER MUSSELS CONSERVATION FUND.

    (a) Establishment.--There is established in the Treasury a separate 
account, to be known as the ``Freshwater Mussels Conservation Fund'', 
consisting of--
            (1) amounts transferred to the Secretary of the Treasury 
        for deposit into the Fund under subsection (e);
            (2) amounts appropriated to the Fund under section 306; and
            (3) any interest earned on investment of amounts in the 
        Fund under subsection (c).
    (b) Expenditures From Fund.--
            (1) In general.--Subject to paragraph (2), at the request 
        of the Secretary, the Secretary of the Treasury shall transfer 
        from the Fund to the Secretary, without further appropriation, 
        such amounts as the Secretary determines are necessary to carry 
        out section 304.
            (2) Administrative expenses.--Of the amounts in the account 
        available for each fiscal year, the Secretary may expend not 
        more than 3 percent, or up to $80,000, whichever is greater, to 
        pay the administrative expenses necessary to carry out this 
        title.
    (c) Investment of Amounts.--
            (1) In general.--The Secretary of the Treasury shall invest 
        such portion of the Fund as is not, in the judgment of the 
        Secretary of the Treasury, required to meet current 
        withdrawals. Investments may be made only in interest-bearing 
        obligations of the United States.
            (2) Acquisition of obligations.--For the purpose of 
        investments under paragraph (1), obligations may be acquired--
                    (A) on original issue at the issue price; or
                    (B) by purchase of outstanding obligations at 
                market price.
            (3) Sale of obligations.--Any obligation acquired by the 
        Fund may be sold by the Secretary of the Treasury at market 
        price.
            (4) Credits to fund.--The interest on, and the proceeds 
        from the sale or redemption of, any obligations held in the 
        Fund shall be credited to and form a part of the Fund.
    (d) Transfers of Amounts.--
            (1) In general.--The amounts required to be transferred to 
        the Fund under this section shall be transferred at least 
        monthly from the general fund of the Treasury to the Fund on 
        the basis of estimates made by the Secretary of the Treasury.
            (2) Adjustments.--Proper adjustment shall be made in 
        amounts subsequently transferred to the extent prior estimates 
        were in excess of or less than the amounts required to be 
        transferred.
    (e) Acceptance and Use of Donations.--
            (1) In general.--The Secretary may accept for the 
        Government a gift of any of the following to provide assistance 
        under section 304:
                    (A) Money.
                    (B) An obligation of the Government included in the 
                public debt made only on the condition that the 
                obligation be canceled and retired and not reissued.
                    (C) Other intangible personal property made only on 
                the condition that the property is sold on the best 
                terms available and the proceeds are deposited in the 
                Fund.
            (2) Discretion to reject a gift.--The Secretary may reject 
        a gift under this section when the rejection is in the interest 
        of the Government.
            (3) Taxes.--If a gift received under this subsection is 
        subject to a gift or inheritance tax, the Secretary may pay the 
        tax out of the proceeds of the gift or the proceeds of the 
        redemption or sale of the gift.

SEC. 306. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Secretary $5,000,000 
for each of fiscal years 2022 through 2027 to carry out this title.

SEC. 307. REPORT TO CONGRESS.

    The Secretary shall submit an annual report to Congress not later 
than January 31 of each year regarding the Fund and the status of 
freshwater mussels in the United States. Each such report shall include 
with respect to the year for which the report is submitted a 
description of--
            (1) the total amounts deposited into and expended from the 
        Fund;
            (2) the costs associated with the administration of the 
        Fund;
            (3) a summary of the projects for which the Secretary has 
        provided assistance under section 304 and an evaluation of 
        those projects; and
            (4) an evaluation of the status of threatened and 
        endangered freshwater mussel populations in the United States.

     TITLE IV--SOUTHWEST DESERT FISH CONSERVATION FUND ACT OF 2021

SEC. 401. SHORT TITLE.

    This title may be cited as the ``Southwest Desert Fish Conservation 
Fund Act of 2021''.

SEC. 402. PURPOSES.

    The purpose of this title is to assist in the conservation of 
threatened and endangered desert fish species and their habitats in the 
Southwest United States by supporting and providing financial resources 
for projects to conserve desert fish species, their habitats, and 
address other threats to the survival of desert fish species.

SEC. 403. DEFINITIONS.

    In this title:
            (1) Conservation.--The term ``conservation'' means the use 
        of all methods and procedures necessary to protect habitats of 
        desert fish species in the Southwest and of the fish species in 
        those habitats including--
                    (A) protection, restoration, and management of 
                habitats;
                    (B) onsite research and monitoring of populations, 
                habitats, annual reproduction, and desert fish species 
                population trends;
                    (C) assistance in the development, implementation, 
                and improvement of national and regional management 
                plans;
                    (D) enforcement and implementation of applicable 
                conservation laws; and
                    (E) community outreach and education.
            (2) Fund.--The term ``Fund'' means the Southwest Desert 
        Fish Conservation Fund established by section 405.
            (3) Desert fish.--The term ``desert fish'' means any member 
        of the class Osteichthyes living in a desert ecosystem.
            (4) Southwest.--The term ``Southwest'' means the States of 
        Arizona, California, Colorado, Nevada, New Mexico, and Utah.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.

SEC. 404. SOUTHWEST DESERT FISH CONSERVATION ASSISTANCE.

    (a) Assistance.--
            (1) In general.--Subject to the availability of funds and 
        in consultation with other Federal officials, the Secretary of 
        Interior (in this title referred to as the ``Secretary'') shall 
        provide competitive financial assistance, including multiyear 
        grants, for projects for the conservation of desert fish 
        species in Southwest for which project proposals are approved 
        by the Secretary in accordance with this section.
            (2) Use of existing authorities.--Assistance provided under 
        this section shall be carried out in a manner consistent with 
        authorities available to the Secretary under the Endangered 
        Species Act of 1973 (16 U.S.C. 1531 et seq.).
    (b) Project Proposals.--
            (1) Eligible applicants.--A project proposal may be 
        submitted to the Secretary under this section by--
                    (A) a relevant State or Tribal agency, research 
                institution, or nonprofit organization with expertise 
                required for the conservation of desert fish species in 
                the Southwest; and
                    (B) any other individual or entity, as determined 
                appropriate by the Secretary, with the expertise 
                required for the conservation of desert fish species in 
                the Southwest.
            (2) Federal partnership opportunities.--A Federal agency 
        may not be a lead entity or receive funding for a project under 
        this section, but may be included as a partner or collaborator 
        on a project that receives such funding.
            (3) Required elements.--A project proposal shall include--
                    (A) a statement of the purposes of the project;
                    (B) the name of the entity or individual with 
                overall responsibility for the project;
                    (C) a description of--
                            (i) the qualifications of the entity or 
                        individuals that will conduct the project;
                            (ii) methods for project implementation and 
                        outcome assessment;
                            (iii) staffing and stakeholder engagement 
                        for the project;
                            (iv) the logistics of the project, 
                        including cost estimates and timelines;
                            (v) anticipated outcomes;
                            (vi) mechanisms to ensure adequate local 
                        public participation in project development and 
                        implementation; and
                            (vii) how the project will promote 
                        sustainable, effective, long-term programs to 
                        conserve desert fish populations in the 
                        Southwest;
                    (D) demonstrated sensitivity to local historic and 
                cultural resources and compliance with applicable laws;
                    (E) assurances that the project will be implemented 
                in consultation with relevant wildlife management 
                authorities, Tribes, and other appropriate government 
                officials;
                    (F) information that demonstrates the clear 
                potential of the project to contribute to the 
                conservation of desert fish populations in the 
                Southwest;
                    (G) information regarding the source and amount of 
                matching funding available for the project; and
                    (H) such other information as the Secretary may 
                require.
    (c) Project Review and Approval.--
            (1) In general.--The Secretary shall annually--
                    (A) solicit project proposals for grants under this 
                section;
                    (B) provide to other Federal officials, as 
                appropriate, copies of each proposal submitted in 
                response to the solicitation; and
                    (C) review each such proposal on a timeline that 
                recognizes the urgency of the declining number of 
                desert fish species in the Southwest to determine 
                whether the proposal meets the criteria specified in 
                subsection (d).
            (2) Consultation; approval or disapproval.--Subject to the 
        availability of funds, the Secretary shall, with respect to 
        each project proposal submitted under this section, and after 
        consulting with other Federal officials, as appropriate--
                    (A) consult with respect to the proposal with the 
                government of each State and foreign country in which 
                the project is to be conducted; and
                    (B) provide written notification of the approval or 
                disapproval to the individual or entity that submitted 
                the proposal, such other Federal officials, and each 
                State and foreign country described in subparagraph 
                (A).
    (d) Criteria for Approval.--The Secretary may approve a project 
proposal under this section if the project shows promise for 
contributing to recovering and sustaining desert fish populations in 
the Southwest in the wild.
            (1) Priority.--In selecting projects for assistance, the 
        Secretary shall give preference to projects that conserve 
        threatened and endangered species protected by the Endangered 
        Species Act (16 U.S.C. 1531 et seq.).
            (2) Project sustainability.--To the maximum extent 
        practicable, in determining whether to approve project 
        proposals under this section, the Secretary shall give 
        preference to conservation projects that are designed to ensure 
        effective, long-term conservation of desert fish and their 
        habitats.
            (3) Matching funds.--In determining whether to approve 
        project proposals under this section, the Secretary shall give 
        preference to projects for which matching funds are available.
            (4) Waiver.--The Secretary may waive the application of 
        paragraph (2), (3), and (4) if the Secretary finds that such 
        waiver is necessary to support a conservation project that the 
        Secretary has identified as of high priority.
    (e) Project Reporting.--
            (1) In general.--Each individual or entity that receives 
        assistance under this section for a project shall submit to the 
        Secretary periodic reports (at such intervals as the Secretary 
        may require) that include all information that the Secretary, 
        after consultation with other government officials, determines 
        is necessary to evaluate the progress and success of such 
        project for the purposes of ensuring positive results, 
        assessing problems, and fostering improvements.
            (2) Availability to the public.--Reports under paragraph 
        (1), and any other documents relating to projects for which 
        financial assistance is provided under this title, shall be 
        made available to the public in a timely manner.

SEC. 405. SOUTHWEST DESERT FISH CONSERVATION FUND.

    (a) Establishment.--There is established in the Treasury a separate 
account, to be known as the ``Southwest Desert Fish Conservation 
Fund'', consisting of--
            (1) amounts transferred to the Secretary of the Treasury 
        for deposit into the Fund under subsection (e);
            (2) amounts appropriated to the Fund under section 406; and
            (3) any interest earned on investment of amounts in the 
        Fund under subsection (c).
    (b) Expenditures From Fund.--
            (1) In general.--Subject to paragraph (2), at the request 
        of the Secretary, the Secretary of the Treasury shall transfer 
        from the Fund to the Secretary, without further appropriation, 
        such amounts as the Secretary determines are necessary to carry 
        out section 404.
            (2) Administrative expenses.--Of the amounts in the account 
        available for each fiscal year, the Secretary may expend not 
        more than 3 percent, or up to $80,000, whichever is greater, to 
        pay the administrative expenses necessary to carry out this 
        title.
    (c) Investment of Amounts.--
            (1) In general.--The Secretary of the Treasury shall invest 
        such portion of the Fund as is not, in the judgment of the 
        Secretary of the Treasury, required to meet current 
        withdrawals. Investments may be made only in interest-bearing 
        obligations of the United States.
            (2) Acquisition of obligations.--For the purpose of 
        investments under paragraph (1), obligations may be acquired--
                    (A) on original issue at the issue price; or
                    (B) by purchase of outstanding obligations at 
                market price.
            (3) Sale of obligations.--Any obligation acquired by the 
        Fund may be sold by the Secretary of the Treasury at market 
        price.
            (4) Credits to fund.--The interest on, and the proceeds 
        from the sale or redemption of, any obligations held in the 
        Fund shall be credited to and form a part of the Fund.
    (d) Transfers of Amounts.--
            (1) In general.--The amounts required to be transferred to 
        the Fund under this section shall be transferred at least 
        monthly from the general fund of the Treasury to the Fund on 
        the basis of estimates made by the Secretary of the Treasury.
            (2) Adjustments.--Proper adjustment shall be made in 
        amounts subsequently transferred to the extent prior estimates 
        were in excess of or less than the amounts required to be 
        transferred.
    (e) Acceptance and Use of Donations.--
            (1) In general.--The Secretary may accept for the 
        Government a gift of any of the following to provide assistance 
        under section 404:
                    (A) Money.
                    (B) An obligation of the Government included in the 
                public debt made only on the condition that the 
                obligation be canceled and retired and not reissued.
                    (C) Other intangible personal property made only on 
                the condition that the property is sold on the best 
                terms available and the proceeds are deposited in the 
                Fund.
            (2) Discretion to reject a gift.--The Secretary may reject 
        a gift under this section when the rejection is in the interest 
        of the Government.
            (3) Taxes.--If a gift received under this subsection is 
        subject to a gift or inheritance tax, the Secretary may pay the 
        tax out of the proceeds of the gift or the proceeds of the 
        redemption or sale of the gift.

SEC. 406. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Secretary $5,000,000 
for each of fiscal years 2022 through 2027 to carry out this title.

SEC. 407. REPORT TO CONGRESS.

    The Secretary shall submit an annual report to Congress not later 
than January 31 of each year regarding the Fund and the status of 
desert fish in the Southwest. Each such report shall include with 
respect to the year for which the report is submitted a description 
of--
            (1) the total amounts deposited into and expended from the 
        Fund;
            (2) the costs associated with the administration of the 
        Fund;
            (3) a summary of the projects for which the Secretary has 
        provided assistance under section 404 and an evaluation of 
        those projects; and
            (4) an evaluation of the status of threatened and 
        endangered desert fish populations in the Southwest.
                                 <all>