[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1728 Introduced in Senate (IS)]

<DOC>






117th CONGRESS
  1st Session
                                S. 1728

  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 SENATE OF THE UNITED STATES

                              May 20, 2021

 Mr. Blumenthal (for himself, Mr. Merkley, and Ms. Hirono) introduced 
the following bill; which was read twice and referred to the Committee 
                    on Environment and Public Works

_______________________________________________________________________

                                 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; TABLE OF CONTENTS.

    (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; table of contents.
Sec. 2. Definition of Secretary.
     TITLE I--NORTH AMERICA BUTTERFLY CONSERVATION FUND 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. Report to Congress.
Sec. 107. Authorization of appropriations.
     TITLE II--PACIFIC ISLANDS PLANT CONSERVATION FUND ACT OF 2021

Sec. 201. Short title.
Sec. 202. Purpose.
Sec. 203. Definitions.
Sec. 204. Pacific Islands plant conservation assistance.
Sec. 205. Pacific Islands Plant Conservation Fund.
Sec. 206. Report to Congress.
Sec. 207. Authorization of appropriations.
       TITLE III--FRESHWATER MUSSEL CONSERVATION FUND ACT OF 2021

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

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

SEC. 2. DEFINITION OF SECRETARY.

    In this Act, the term ``Secretary'' means the Secretary of the 
Interior.

     TITLE I--NORTH AMERICA BUTTERFLY CONSERVATION FUND 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 the conservation initiatives 
        described in paragraph (2).

SEC. 103. DEFINITIONS.

    In this title:
            (1) Butterfly.--The term ``butterfly'' means any member of 
        the order Lepidoptera.
            (2) Conservation.--The term ``conservation'' means the use 
        of all methods and procedures necessary to protect the habitats 
        of butterflies in North America and the butterflies in those 
        habitats, including--
                    (A) protection, restoration, and management of the 
                habitats;
                    (B) onsite research and monitoring of--
                            (i) butterfly populations;
                            (ii) butterfly habitats;
                            (iii) annual butterfly reproduction; and
                            (iv) 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.
            (3) Fund.--The term ``Fund'' means the North America 
        Butterfly Conservation Fund established by section 105(a).
            (4) North america.--The term ``North America'' means--
                    (A) Antigua and Barbuda;
                    (B) the Bahamas;
                    (C) Barbados;
                    (D) Belize;
                    (E) Canada;
                    (F) Costa Rica;
                    (G) Cuba;
                    (H) Dominica;
                    (I) the Dominican Republic;
                    (J) El Salvador;
                    (K) Grenada;
                    (L) Guatemala;
                    (M) Haiti;
                    (N) Honduras;
                    (O) Jamaica;
                    (P) Mexico;
                    (Q) Nicaragua;
                    (R) Panama;
                    (S) Saint Kitts and Nevis;
                    (T) Saint Lucia;
                    (U) Saint Vincent and the Grenadines;
                    (V) Trinidad and Tobago; and
                    (W) the United States.

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 and for which 
        a project proposal is approved by the Secretary under 
        subsection (c).
            (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 State that has within its boundaries 
                butterfly habitat;
                    (B) a Tribal agency of an Indian Tribe the Tribal 
                land of which contains butterfly habitat;
                    (C) a relevant State agency, Tribal agency, 
                research institution, nonprofit organization, or 
                wildlife management authority in North America that 
                directly or indirectly affects butterfly conservation, 
                as determined by the Secretary; or
                    (D) 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) In general.--A Federal agency may be included 
                as a partner or a collaborator on a project that 
                receives funding under this section.
                    (B) Prohibition.--A Federal agency may not--
                            (i) be a lead entity on a project that 
                        receives funding under this section; or
                            (ii) receive funding for a project under 
                        this section.
            (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 carry out 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 of the project; 
                        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, Indian Tribes, and other appropriate 
                government officials;
                    (E) evidence of free, informed, and prior consent 
                by indigenous communities in the areas in which the 
                project will be conducted, if the Secretary determines 
                that the consent is required for the success of the 
                project;
                    (F) demonstrated sensitivity to--
                            (i) local historic and cultural resources; 
                        and
                            (ii) 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, 
                Indian Tribes, and indigenous communities in which the 
                project will be conducted, if the Secretary determines 
                that the support is required for the success of the 
                project;
                    (I) information regarding the source and amount of 
                any 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 
                described in paragraph (3).
            (2) Consultation; approval or disapproval.--Subject to the 
        availability of funds, not later than 180 days after receiving 
        a project proposal, the Secretary, after consulting with other 
        Federal officials, as appropriate, shall--
                    (A) consult with the government of each country in 
                which the project is to be carried out regarding the 
                proposal;
                    (B) after taking into consideration any comments 
                resulting from the consultation under subparagraph (A), 
                approve or disapprove the project proposal; and
                    (C) provide written notification of the approval or 
                disapproval of the project proposal to--
                            (i) the person that submitted the project 
                        proposal;
                            (ii) other appropriate Federal officials; 
                        and
                            (iii) each country described in 
                        subparagraph (A).
            (3) Criteria for approval.--
                    (A) 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.
                    (B) Priority.--In determining whether to approve a 
                project proposal under this section, the Secretary 
                shall give the highest priority to projects that 
                conserve species listed as threatened species or 
                endangered species under the Endangered Species Act of 
                1973 (16 U.S.C. 1531 et seq.).
                    (C) Preferences.--In determining whether to approve 
                a project proposal under this section, the Secretary, 
                to the maximum extent practicable, shall give 
                preference to--
                            (i) conservation projects that are designed 
                        to ensure effective, long-term conservation of 
                        butterflies and butterfly habitats; and
                            (ii) projects for which matching funds are 
                        available.
                    (D) Waiver.--The Secretary may waive the 
                application of subparagraphs (B) and (C) if the 
                Secretary determines that the waiver is necessary to 
                support a conservation project that the Secretary has 
                identified as being of high priority.
    (d) Project Reporting.--
            (1) In general.--Each person that receives assistance for a 
        project under this section shall submit to the Secretary, at 
        such intervals as the Secretary may require, periodic reports 
        that include all information that the Secretary, after 
        consultation with other Federal Government officials, 
        determines is necessary to evaluate the progress and success of 
        the project for the purposes of ensuring positive results, 
        assessing problems, and fostering improvements.
            (2) Availability to the public.--Each report under 
        paragraph (1) and any other document relating to a project for 
        which financial assistance is provided under this title shall 
        be made available to the public in a timely manner.

SEC. 105. NORTH AMERICA BUTTERFLY CONSERVATION FUND.

    (a) Establishment.--There is established in the Treasury of the 
United States 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 107; 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.--To pay the administrative 
        expenses necessary to carry out this title in a fiscal year, 
        the Secretary may expend from the Fund not more than the 
        greater of--
                    (A) 3 percent of the amounts in the Fund that are 
                available for the fiscal year; and
                    (B) $80,000.
    (c) Investment of Amounts.--
            (1) In general.--The Secretary of the Treasury shall invest 
        the portion of the Fund that is not, in the judgment of the 
        Secretary of the Treasury, required to meet current 
        withdrawals.
            (2) Requirement.--Investments under paragraph (1) may be 
        made only in interest-bearing obligations of the United States.
            (3) Acquisition of obligations.--For the purpose of 
        investments under paragraph (1), obligations of the United 
        States may be acquired--
                    (A) on original issue at the issue price; or
                    (B) by purchase of outstanding obligations at 
                market price.
            (4) Sale of obligations.--Any obligation of the United 
        States acquired by the Fund may be sold by the Secretary of the 
        Treasury at market price.
            (5) 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.--Not less frequently than monthly, the 
        Secretary of the Treasury shall transfer from the general fund 
        of the Treasury to the Fund the amounts required to be 
        transferred to the Fund under this section on the basis of 
        estimates made by the Secretary of the Treasury.
            (2) Adjustments.--In carrying out paragraph (1), the 
        Secretary of the Treasury shall make proper adjustments in 
        amounts transferred to the Fund to the extent that prior 
        estimates were in excess of or less than the amounts required 
        to be transferred under this section.
    (e) Acceptance and Use of Donations.--
            (1) In general.--The Secretary may accept for the 
        Government, and shall transfer to the Secretary of the Treasury 
        for deposit into the Fund, a gift to provide assistance under 
        section 104 of--
                    (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; or
                    (C) any 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 subsection when the rejection is in the 
        interest of the Government, as determined by the Secretary.
            (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. REPORT TO CONGRESS.

    (a) In General.--Not later than January 31 of each year, the 
Secretary shall submit to Congress a report regarding the Fund and the 
status of butterflies in North America.
    (b) Requirements.--Each report under subsection (a) shall include, 
for the year covered by the report, 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.

SEC. 107. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to the Fund $5,000,000 for 
each of fiscal years 2021 through 2026.

     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. PURPOSE.

    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--
            (1) to conserve plant species;
            (2) to conserve the ecosystems of those plant species; and
            (3) to 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--
                            (i) plant populations;
                            (ii) plant ecosystems;
                            (iii) annual plant reproduction; and
                            (iv) 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(a).
            (3) Pacific islands.--The term ``Pacific Islands'' means--
                    (A) the Hawaiian Islands; and
                    (B) the United States territories of--
                            (i) Guam;
                            (ii) American Samoa; and
                            (iii) the Commonwealth of the Northern 
                        Mariana Islands.

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 
        the Interior shall provide competitive financial assistance, 
        including multiyear grants, for projects for the conservation 
        of plant species on the Pacific Islands and for which a project 
        proposal is approved by the Secretary under subsection (c).
            (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) In general.--A Federal agency may be included 
                as a partner or a collaborator on a project that 
                receives funding under this section.
                    (B) Prohibition.--A Federal agency may not--
                            (i) be a lead entity on a project that 
                        receives funding under this section; or
                            (ii) receive funding for a project under 
                        this section.
            (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 carry out 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 of the project;
                            (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--
                            (i) local historic and cultural resources; 
                        and
                            (ii) compliance with applicable laws;
                    (E) assurances that the project will be implemented 
                in consultation with relevant wildlife management 
                authorities, Indian 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 
                any 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--
                    (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 
                described in paragraph (3).
            (2) Consultation; approval or disapproval.--Subject to the 
        availability of funds, not later than 180 days after receiving 
        a project proposal, the Secretary, after consulting with other 
        Federal officials, as appropriate, shall--
                    (A) consult with the government of the State or 
                territory in which the project is to be carried out 
                regarding the proposal; and
                    (B) provide written notification of the approval or 
                disapproval of the proposal to--
                            (i) the individual or entity that submitted 
                        the project proposal;
                            (ii) other appropriate Federal officials; 
                        and
                            (iii) each State or territory described in 
                        subparagraph (A).
            (3) Criteria for approval.--
                    (A) 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.
                    (B) Priority.--In determining whether to approve a 
                project proposal under this section, the Secretary 
                shall give the highest priority to projects that 
                conserve species listed as threatened species or 
                endangered species under the Endangered Species Act of 
                1973 (16 U.S.C. 1531 et seq.).
                    (C) Preferences.--In determining whether to approve 
                a project proposal under this section, the Secretary, 
                to the maximum extent practicable, shall give 
                preference to--
                            (i) conservation projects that are designed 
                        to ensure effective, long-term conservation of 
                        plants and plant ecosystems; and
                            (ii) projects for which matching funds are 
                        available.
                    (D) Waiver.--The Secretary may waive the 
                application of subparagraphs (B) and (C) if the 
                Secretary determines that the waiver is necessary to 
                support a conservation project that the Secretary has 
                identified as being of high priority.
    (d) Project Reporting.--
            (1) In general.--Each individual or entity that receives 
        assistance for a project under this section shall submit to the 
        Secretary, at such intervals as the Secretary may require, 
        periodic reports that include all information that the 
        Secretary, after consultation with other government officials, 
        determines is necessary to evaluate the progress and success of 
        the project for the purposes of ensuring positive results, 
        assessing problems, and fostering improvements.
            (2) Availability to the public.--Each report under 
        paragraph (1) and any other document relating to a project 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 of the 
United States 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 207; 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.--To pay the administrative 
        expenses necessary to carry out this title in a fiscal year, 
        the Secretary may expend from the Fund not more than the 
        greater of--
                    (A) 3 percent of the amounts in the Fund that are 
                available for the fiscal year; and
                    (B) $80,000.
    (c) Investment of Amounts.--
            (1) In general.--The Secretary of the Treasury shall invest 
        the portion of the Fund that is not, in the judgment of the 
        Secretary of the Treasury, required to meet current 
        withdrawals.
            (2) Requirement.--Investments under paragraph (1) may be 
        made only in interest-bearing obligations of the United States.
            (3) Acquisition of obligations.--For the purpose of 
        investments under paragraph (1), obligations of the United 
        States may be acquired--
                    (A) on original issue at the issue price; or
                    (B) by purchase of outstanding obligations at 
                market price.
            (4) Sale of obligations.--Any obligation of the United 
        States acquired by the Fund may be sold by the Secretary of the 
        Treasury at market price.
            (5) 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.--Not less frequently than monthly, the 
        Secretary of the Treasury shall transfer from the general fund 
        of the Treasury to the Fund the amounts required to be 
        transferred to the Fund under this section on the basis of 
        estimates made by the Secretary of the Treasury.
            (2) Adjustments.--In carrying out paragraph (1), the 
        Secretary of the Treasury shall make proper adjustments in 
        amounts transferred to the Fund to the extent that prior 
        estimates were in excess of or less than the amounts required 
        to be transferred under this section.
    (e) Acceptance and Use of Donations.--
            (1) In general.--The Secretary may accept for the 
        Government, and shall transfer to the Secretary of the Treasury 
        for deposit into the Fund, a gift to provide assistance under 
        section 204 of--
                    (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; or
                    (C) any 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 subsection when the rejection is in the 
        interest of the Government, as determined by the Secretary.
            (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. REPORT TO CONGRESS.

    (a) In General.--Not later than January 31 of each year, the 
Secretary shall submit to Congress a report regarding the Fund and the 
status of threatened and endangered plant species on the Pacific 
Islands.
    (b) Requirements.--Each report under subsection (a) shall include, 
for the year covered by the report, 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.

SEC. 207. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to the Fund $5,000,000 for 
each of fiscal years 2021 through 2026.

       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. PURPOSE.

    The purpose of this title is to assist in the conservation of 
threatened and endangered freshwater mussel species and the habitats of 
those species in the United States by supporting and providing 
financial resources for projects--
            (1) to conserve freshwater mussel species;
            (2) to conserve the habitats of those species; and
            (3) to 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 the 
        freshwater mussel species in those habitats, including--
                    (A) protection, restoration, and management of the 
                habitats;
                    (B) onsite research and monitoring of--
                            (i) freshwater mussel populations;
                            (ii) freshwater mussel habitats;
                            (iii) annual freshwater mussel 
                        reproduction; and
                            (iv) freshwater 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) Freshwater mussel.--The term ``freshwater mussel'' 
        means any member of the order Unioinida.
            (3) Fund.--The term ``Fund'' means the Freshwater Mussel 
        Conservation Fund established by section 305(a).

SEC. 304. FRESHWATER MUSSEL CONSERVATION ASSISTANCE.

    (a) Assistance.--
            (1) In general.--Subject to the availability of funds, and 
        in consultation with other Federal officials, the Secretary 
        shall provide competitive financial assistance, including 
        multiyear grants, for projects for the conservation of 
        freshwater mussels in the United States and for which a project 
        proposal is approved by the Secretary under subsection (c).
            (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 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) In general.--A Federal agency may be included 
                as a partner or a collaborator on a project that 
                receives funding under this section.
                    (B) Prohibition.--A Federal agency may not--
                            (i) be a lead entity on a project that 
                        receives funding under this section; or
                            (ii) receive funding for a project under 
                        this section.
            (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 carry out 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 of the project;
                            (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 freshwater mussel populations in the 
                        United States;
                    (D) demonstrated sensitivity to--
                            (i) local historic and cultural resources; 
                        and
                            (ii) compliance with applicable laws;
                    (E) assurances that the project will be implemented 
                in consultation with relevant wildlife management 
                authorities, Indian 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 
                any 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, on a timeline that recognizes the 
                urgency of the declining number of freshwater mussel 
                species in the United States, each project proposal 
                submitted in response to the solicitation to determine 
                whether the proposal meets the criteria described in 
                paragraph (3).
            (2) Consultation; approval or disapproval.--Subject to the 
        availability of funds, for each project proposal submitted to 
        the Secretary under this section, the Secretary, after 
        consulting with other Federal officials, as appropriate, 
        shall--
                    (A) consult with the government of each State and 
                territory in which the project is to be carried out 
                regarding the proposal; and
                    (B) provide written notification of the approval or 
                disapproval of the project proposal to--
                            (i) the individual or entity that submitted 
                        the project proposal;
                            (ii) other appropriate Federal officials; 
                        and
                            (iii) each State and territory described in 
                        subparagraph (A).
            (3) Criteria for approval.--
                    (A) In general.--The Secretary may approve a 
                project proposal under this section if the project 
                shows promise for contributing to recovering and 
                sustaining wild freshwater mussel populations in the 
                United States.
                    (B) Priority.--In determining whether to approve a 
                project proposal under this section, the Secretary 
                shall give the highest priority to projects that 
                conserve species listed as threatened species or 
                endangered species under the Endangered Species Act of 
                1973 (16 U.S.C. 1531 et seq.).
                    (C) Preferences.--In determining whether to approve 
                a project proposal under this section, the Secretary, 
                to the maximum extent practicable, shall give 
                preference to--
                            (i) conservation projects that are designed 
                        to ensure effective, long-term conservation of 
                        freshwater mussels and freshwater mussel 
                        habitats; and
                            (ii) projects for which matching funds are 
                        available.
                    (D) Waiver.--The Secretary may waive the 
                application of subparagraphs (B) and (C) if the 
                Secretary determines that the waiver is necessary to 
                support a conservation project that the Secretary has 
                identified as being of high priority.
    (d) Project Reporting.--
            (1) In general.--Each individual or entity that receives 
        assistance for a project under this section shall submit to the 
        Secretary, at such intervals as the Secretary may require, 
        periodic reports that include all information that the 
        Secretary, after consultation with other government officials, 
        determines is necessary to evaluate the progress and success of 
        the project for the purposes of ensuring positive results, 
        assessing problems, and fostering improvements.
            (2) Availability to the public.--Each report under 
        paragraph (1) and any other document relating to a project for 
        which financial assistance is provided under this title shall 
        be made available to the public in a timely manner.

SEC. 305. FRESHWATER MUSSEL CONSERVATION FUND.

    (a) Establishment.--There is established in the Treasury of the 
United States a separate account, to be known as the ``Freshwater 
Mussel 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 307; 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.--To pay the administrative 
        expenses necessary to carry out this title in a fiscal year, 
        the Secretary may expend from the Fund not more than the 
        greater of--
                    (A) 3 percent of the amounts in the Fund that are 
                available for the fiscal year; and
                    (B) $80,000.
    (c) Investment of Amounts.--
            (1) In general.--The Secretary of the Treasury shall invest 
        the portion of the Fund that is not, in the judgment of the 
        Secretary of the Treasury, required to meet current 
        withdrawals.
            (2) Requirement.--Investments under paragraph (1) may be 
        made only in interest-bearing obligations of the United States.
            (3) Acquisition of obligations.--For the purpose of 
        investments under paragraph (1), obligations of the United 
        States may be acquired--
                    (A) on original issue at the issue price; or
                    (B) by purchase of outstanding obligations at 
                market price.
            (4) Sale of obligations.--Any obligation of the United 
        States acquired by the Fund may be sold by the Secretary of the 
        Treasury at market price.
            (5) 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.--Not less frequently than monthly, the 
        Secretary of the Treasury shall transfer from the general fund 
        of the Treasury to the Fund the amounts required to be 
        transferred to the Fund under this section on the basis of 
        estimates made by the Secretary of the Treasury.
            (2) Adjustments.--In carrying out paragraph (1), the 
        Secretary of the Treasury shall make proper adjustments in 
        amounts transferred to the Fund to the extent that prior 
        estimates were in excess of or less than the amounts required 
        to be transferred under this section.
    (e) Acceptance and Use of Donations.--
            (1) In general.--The Secretary may accept for the 
        Government, and shall transfer to the Secretary of the Treasury 
        for deposit into the Fund, a gift to provide assistance under 
        section 304 of--
                    (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; or
                    (C) any 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 subsection when the rejection is in the 
        interest of the Government, as determined by the Secretary.
            (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. REPORT TO CONGRESS.

    (a) In General.--Not later than January 31 of each year, the 
Secretary shall submit to Congress a report regarding the Fund and the 
status of freshwater mussels in the United States.
    (b) Requirements.--Each report under subsection (a) shall include, 
for the year covered by the report, 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.

SEC. 307. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to the Fund $5,000,000 for 
each of fiscal years 2021 through 2026.

     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. PURPOSE.

    The purpose of this title is to assist in the conservation of 
threatened and endangered desert fish species and the habitats of those 
species in the Southwest by supporting and providing financial 
resources for projects--
            (1) to conserve desert fish species;
            (2) to conserve the habitats of desert fish species; and
            (3) to 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 the desert fish 
        species in those habitats, including--
                    (A) protection, restoration, and management of the 
                habitats;
                    (B) onsite research and monitoring of--
                            (i) desert fish populations;
                            (ii) desert fish habitats;
                            (iii) annual desert fish reproduction; and
                            (iv) 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) Desert fish.--The term ``desert fish'' means any member 
        of the class Osteichthyes living in a desert ecosystem.
            (3) Fund.--The term ``Fund'' means the Southwest Desert 
        Fish Conservation Fund established by section 405(a).
            (4) Southwest.--The term ``Southwest'' means the States 
        of--
                    (A) Arizona;
                    (B) California;
                    (C) Colorado;
                    (D) Nevada;
                    (E) New Mexico;
                    (F) Oregon; and
                    (G) Utah.

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 
        shall provide competitive financial assistance, including 
        multiyear grants, for projects for the conservation of desert 
        fish species in the Southwest and for which a project proposal 
        is approved by the Secretary under subsection (c).
            (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) In general.--A Federal agency may be included 
                as a partner or a collaborator on a project that 
                receives funding under this section.
                    (B) Prohibition.--A Federal agency may not--
                            (i) be a lead entity on a project that 
                        receives funding under this section; or
                            (ii) receive funding for a project under 
                        this section.
            (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 carry out 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 of the project;
                            (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--
                            (i) local historic and cultural resources; 
                        and
                            (ii) compliance with applicable laws;
                    (E) assurances that the project will be implemented 
                in consultation with relevant wildlife management 
                authorities, Indian 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 
                any 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, on a timeline that recognizes the 
                urgency of the declining number of desert fish species 
                in the Southwest, each project proposal submitted in 
                response to the solicitation to determine whether the 
                proposal meets the criteria specified in paragraph (3).
            (2) Consultation; approval or disapproval.--Subject to the 
        availability of funds, for each project proposal submitted 
        under this section, the Secretary, after consulting with other 
        Federal officials, as appropriate, shall--
                    (A) consult with the government of each State in 
                which the project is to be carried out regarding the 
                proposal; and
                    (B) provide written notification of the approval or 
                disapproval of the project proposal to--
                            (i) the individual or entity that submitted 
                        the project proposal;
                            (ii) other appropriate Federal officials; 
                        and
                            (iii) each State described in subparagraph 
                        (A).
            (3) Criteria for approval.--
                    (A) In general.--The Secretary may approve a 
                project proposal under this section if the project 
                shows promise for contributing to recovering and 
                sustaining wild desert fish populations in the 
                Southwest.
                    (B) Priority.--In determining whether to approve a 
                project proposal under this section, the Secretary 
                shall give the highest priority to projects that 
                conserve species listed as threatened species or 
                endangered species under the Endangered Species Act of 
                1973 (16 U.S.C. 1531 et seq.).
                    (C) Preferences.--In determining whether to approve 
                a project proposal under this section, the Secretary, 
                to the maximum extent practicable, shall give 
                preference to--
                            (i) conservation projects that are designed 
                        to ensure effective, long-term conservation of 
                        desert fish and desert fish habitats; and
                            (ii) projects for which matching funds are 
                        available.
                    (D) Waiver.--The Secretary may waive the 
                application of subparagraphs (B) and (C) if the 
                Secretary determines that the waiver is necessary to 
                support a conservation project that the Secretary has 
                identified as being of high priority.
    (d) Project Reporting.--
            (1) In general.--Each individual or entity that receives 
        assistance for a project under this section shall submit to the 
        Secretary, at such intervals as the Secretary may require, 
        periodic reports that include all information that the 
        Secretary, after consultation with other government officials, 
        determines is necessary to evaluate the progress and success of 
        the project for the purposes of ensuring positive results, 
        assessing problems, and fostering improvements.
            (2) Availability to the public.--Each report under 
        paragraph (1) and any other document relating to a project 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 of the 
United States 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 407; 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.--To pay the administrative 
        expenses necessary to carry out this title in a fiscal year, 
        the Secretary may expend from the Fund not more than the 
        greater of--
                    (A) 3 percent of the amounts in the Fund that are 
                available for the fiscal year; and
                    (B) $80,000.
    (c) Investment of Amounts.--
            (1) In general.--The Secretary of the Treasury shall invest 
        the portion of the Fund that is not, in the judgment of the 
        Secretary of the Treasury, required to meet current 
        withdrawals.
            (2) Requirement.--Investments under paragraph (1) may be 
        made only in interest-bearing obligations of the United States.
            (3) Acquisition of obligations.--For the purpose of 
        investments under paragraph (1), obligations of the United 
        States may be acquired--
                    (A) on original issue at the issue price; or
                    (B) by purchase of outstanding obligations at 
                market price.
            (4) Sale of obligations.--Any obligation of the United 
        States acquired by the Fund may be sold by the Secretary of the 
        Treasury at market price.
            (5) 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.--Not less frequently than monthly, the 
        Secretary of the Treasury shall transfer from the general fund 
        of the Treasury to the Fund the amounts required to be 
        transferred to the Fund under this section on the basis of 
        estimates made by the Secretary of the Treasury.
            (2) Adjustments.--In carrying out paragraph (1), the 
        Secretary of the Treasury shall make proper adjustments in 
        amounts transferred to the Fund to the extent that prior 
        estimates were in excess of or less than the amounts required 
        to be transferred under this section.
    (e) Acceptance and Use of Donations.--
            (1) In general.--The Secretary may accept for the 
        Government, and shall transfer to the Secretary of the Treasury 
        for deposit into the Fund, a gift to provide assistance under 
        section 404 of--
                    (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; or
                    (C) any 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 subsection when the rejection is in the 
        interest of the Government, as determined by the Secretary.
            (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. REPORT TO CONGRESS.

    (a) In General.--Not later than January 31 of each year, the 
Secretary shall submit to Congress a report regarding the Fund and the 
status of desert fish in the Southwest.
    (b) Requirements.--Each report under subsection (a) shall include, 
for the year covered by the report, 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.

SEC. 407. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to the Fund $5,000,000 for 
each of fiscal years 2021 through 2026.
                                 <all>