[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2372 Introduced in Senate (IS)]

<DOC>






117th CONGRESS
  1st Session
                                S. 2372

    To amend the Pittman-Robertson Wildlife Restoration Act to make 
   supplemental funds available for management of fish and wildlife 
 species of greatest conservation need as determined by State fish and 
               wildlife agencies, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 15, 2021

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

_______________________________________________________________________

                                 A BILL


 
    To amend the Pittman-Robertson Wildlife Restoration Act to make 
   supplemental funds available for management of fish and wildlife 
 species of greatest conservation need as determined by State fish and 
               wildlife agencies, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Recovering America's Wildlife Act of 
2021''.

             TITLE I--WILDLIFE CONSERVATION AND RESTORATION

SEC. 101. WILDLIFE CONSERVATION AND RESTORATION SUBACCOUNT.

    (a) In General.--Section 3 of the Pittman-Robertson Wildlife 
Restoration Act (16 U.S.C. 669b) is amended in subsection (c)--
            (1) by redesignating paragraphs (2) and (3) as paragraphs 
        (9) and (10); and
            (2) by striking paragraph (1) and inserting the following:
            ``(1) Establishment of subaccount.--
                    ``(A) In general.--There is established in the fund 
                a subaccount to be known as the `Wildlife Conservation 
                and Restoration Subaccount' (referred to in this 
                section as the `Subaccount').
                    ``(B) Availability.--Amounts in the Subaccount 
                shall be available without further appropriation, for 
                each fiscal year, for apportionment in accordance with 
                this Act.
                    ``(C) Deposits into subaccount.--
                            ``(i) In general.--Beginning in fiscal year 
                        2022, and for each fiscal year thereafter, the 
                        Secretary of the Treasury shall transfer 
                        $1,300,000,000 from the general fund of the 
                        Treasury to the Subaccount.
                            ``(ii) Funding source.--
                                    ``(I) Definition.--In this clause, 
                                the term `remaining natural resource or 
                                environmental-related violation 
                                revenue' means the amount of all civil 
                                or criminal penalties, fines, 
                                sanctions, forfeitures, or other 
                                revenues resulting from natural 
                                resource or environmental-related 
                                violations or enforcement actions by 
                                any Federal agency that are not 
                                directed to be deposited in a fund 
                                other than the general fund of the 
                                Treasury or have otherwise been 
                                appropriated.
                                    ``(II) Use of revenue.--Beginning 
                                in fiscal year 2022, and for each 
                                fiscal year thereafter, the total 
                                amount of the remaining natural 
                                resource or environmental-related 
                                violation revenue with respect to the 
                                previous fiscal year--
                                            ``(aa) shall be deposited 
                                        in the general fund of the 
                                        Treasury; and
                                            ``(bb) shall be available 
                                        for the purposes of the 
                                        transfer under clause (i).
            ``(2) Supplement not supplant.--Amounts transferred to the 
        Subaccount shall supplement, but not replace, existing funds 
        available to the States from--
                    ``(A) the funds distributed pursuant to the 
                Dingell-Johnson Sport Fish Restoration Act (16 U.S.C. 
                777 et seq.); and
                    ``(B) the fund.
            ``(3) Innovation grants.--
                    ``(A) In general.--The Secretary shall distribute 
                10 percent of funds apportioned from the Subaccount 
                through a competitive grant program to State fish and 
                wildlife departments, the District of Columbia fish and 
                wildlife department, fish and wildlife departments of 
                territories, or to regional associations of fish and 
                wildlife departments (or any group composed of more 
                than 1 such entity).
                    ``(B) Purpose.--Such grants shall be provided for 
                the purpose of catalyzing innovation of techniques, 
                tools, strategies, or collaborative partnerships that 
                accelerate, expand, or replicate effective and 
                measurable recovery efforts for species of greatest 
                conservation need and species listed under the 
                Endangered Species Act of 1973 (15 U.S.C. 1531 et seq.) 
                and the habitats of such species.
                    ``(C) Review committee.--The Secretary shall 
                appoint a review committee comprised of--
                            ``(i) a State Director from each regional 
                        association of State fish and wildlife 
                        departments;
                            ``(ii) the head of a department responsible 
                        for fish and wildlife management in a 
                        territory; and
                            ``(iii) four individuals representing four 
                        different nonprofit organizations each of which 
                        is actively participating in carrying out 
                        wildlife conservation restoration activities 
                        using funds apportioned from the Subaccount.
                    ``(D) Support from united states fish and wildlife 
                service.--The United States Fish and Wildlife Service 
                shall provide any personnel or administrative support 
                services necessary for such Committee to carry out its 
                responsibilities under this Act.
                    ``(E) Evaluation.--Such committee shall evaluate 
                each proposal submitted under this paragraph and 
                recommend projects for funding, giving preference to 
                solutions that accelerate the recovery of species 
                identified as priorities through regional scientific 
                assessments of species of greatest conservation need.
            ``(4) Use of funds.--Funds apportioned from the 
        Subaccount--
                    ``(A) shall be used to implement the Wildlife 
                Conservation Strategy of a State, territory, or the 
                District of Columbia, as required under section 4(d), 
                by carrying out, revising, or enhancing existing 
                wildlife and habitat conservation and restoration 
                programs and developing and implementing new wildlife 
                conservation and restoration programs to recover and 
                manage species of greatest conservation need and the 
                key habitats and plant community types essential to the 
                conservation of those species as determined by the 
                appropriate State fish and wildlife department;
                    ``(B) shall be used to develop, revise, and enhance 
                the Wildlife Conservation Strategy of a State, 
                territory, or the District of Columbia, as may be 
                required by this Act;
                    ``(C) shall be used to assist in the recovery of 
                species found in the State, territory, or the District 
                of Columbia that are listed as endangered species, 
                threatened species, candidate species or species 
                proposed for listing, or species petitioned for listing 
                under the Endangered Species Act of 1973 (16 U.S.C. 
                1531 et seq.) or under State law;
                    ``(D) may be used for wildlife conservation 
                education and wildlife-associated recreation projects, 
                especially in historically underserved communities;
                    ``(E) may be used to manage a species of greatest 
                conservation need whose range is shared with another 
                State, territory, Indian Tribe, or foreign government 
                and for the conservation of the habitat of such 
                species;
                    ``(F) may be used to manage, control, and prevent 
                invasive species, disease, and other risks to species 
                of greatest conservation need; and
                    ``(G) may be used for law enforcement activities 
                that are directly related to the protection and 
                conservation of a species of greatest conservation need 
                and the habitat of such species.
            ``(5) Minimum required spending for endangered species 
        recovery.--Not less than an average of 15 percent over a 5-year 
        period of amounts apportioned to a State, territory, or the 
        District of Columbia from the Subaccount shall be used for 
        purposes described in paragraph (4)(C). The Secretary may 
        reduce the minimum requirement of a State, territory, or the 
        District of Columbia on an annual basis if the Secretary 
        determines that the State, territory, or the District of 
        Columbia is meeting the conservation and recovery needs of all 
        species described in paragraph (4)(C).
            ``(6) Public access to private lands not required.--Funds 
        apportioned from the Subaccount shall not be conditioned upon 
        the provision of public access to private lands, waters, or 
        holdings.
            ``(7) Requirements for matching funds.--
                    ``(A) For the purposes of the non-Federal fund 
                matching requirement for a wildlife conservation or 
                restoration program or project funded by the 
                Subaccount, a State, territory, or the District of 
                Columbia may use as matching non-Federal funds--
                            ``(i) funds from Federal agencies other 
                        than the Department of the Interior and the 
                        Department of Agriculture;
                            ``(ii) donated private lands and waters, 
                        including privately owned easements;
                            ``(iii) in circumstances described in 
                        subparagraph (B), revenue generated through the 
                        sale of State hunting and fishing licenses; and
                            ``(iv) other sources consistent with part 
                        80 of title 50, Code of Federal Regulations, in 
                        effect on the date of enactment of the 
                        Recovering America's Wildlife Act of 2021.
                    ``(B) Revenue described in subparagraph (A)(iii) 
                may only be used to fulfill the requirements of such 
                non-Federal fund matching requirement if--
                            ``(i) no Federal funds apportioned to the 
                        State fish and wildlife department of such 
                        State from the Wildlife Restoration Program or 
                        the Sport Fish Restoration Program have been 
                        reverted because of a failure to fulfill such 
                        non-Federal fund matching requirement by such 
                        State during the previous 2 years; and
                            ``(ii) the project or program being funded 
                        benefits the habitat of a hunted or fished 
                        species and a species of greatest conservation 
                        need.
            ``(8) Definitions.--In this subsection, the following 
        definitions apply:
                    ``(A) Partnerships.--The term `partnerships' may 
                include collaborative efforts with Federal agencies, 
                State agencies, local agencies, Indian Tribes, 
                nonprofit organizations, academic institutions, 
                industry groups, and private individuals to implement a 
                State's Wildlife Conservation Strategy.
                    ``(B) Species of greatest conservation need.--The 
                term `species of greatest conservation need' may be 
                fauna or flora, and may include terrestrial, aquatic, 
                marine, and invertebrate species that are of low 
                population, declining, rare, or facing threats and in 
                need of conservation attention, as determined by each 
                State fish and wildlife department, with respect to 
                funds apportioned to such State.
                    ``(C) Territory and territories.--The terms 
                `territory' and `territories' mean the Commonwealth of 
                Puerto Rico, Guam, American Samoa, the Commonwealth of 
                the Northern Mariana Islands, and the United States 
                Virgin Islands.
                    ``(D) Wildlife.--The term `wildlife' means any 
                species of wild, freeranging fauna, including fish, and 
                also fauna in captive breeding programs the object of 
                which is to reintroduce individuals of a depleted 
                indigenous species into previously occupied range.''.
    (b) Allocation and Apportionment of Available Amounts.--Section 4 
of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669c) is 
amended--
            (1) in subsection (d)--
                    (A) in paragraph (1)--
                            (i) in subparagraph (A), by striking ``to 
                        the District of Columbia and to the 
                        Commonwealth of Puerto Rico, each'' and 
                        inserting ``To the District of Columbia'';
                            (ii) in subparagraph (B)--
                                    (I) by striking ``to Guam'' and 
                                inserting ``To Guam''; and
                                    (II) by striking ``not more than 
                                one-fourth of one percent'' and 
                                inserting ``not less than one-third of 
                                one percent''; and
                            (iii) by adding at the end the following:
                    ``(C) To the Commonwealth of Puerto Rico, a sum 
                equal to not less than 1 percent thereof.'';
                    (B) in paragraph (2)(A)--
                            (i) by amending clause (i) to read as 
                        follows:
                    ``(i) one-half of which is based on the ratio to 
                which the land and water area of such State bears to 
                the total land and water area of all such States;'';
                            (ii) in clause (ii)--
                                    (I) by striking ``two-thirds'' and 
                                inserting ``one-quarter''; and
                                    (II) by striking the period and 
                                inserting ``; and''; and
                            (iii) by adding at the end the following:
                    ``(iii) one-quarter of which is based upon the 
                ratio to which the number of species listed as 
                endangered or threatened under the Endangered Species 
                Act of 1973 (15 U.S.C. 1531 et seq.) in such State 
                bears to the total number of such species listed in all 
                such States.'';
                    (C) by amending paragraph (2)(B) to read as 
                follows:
                    ``(B) The amounts apportioned under this paragraph 
                shall be adjusted equitably so that no such State, 
                unless otherwise designated, shall be apportioned a sum 
                which is less than 1 percent or more than 5 percent of 
                the amount available for apportionment under--
                            ``(i) subparagraph (A)(i);
                            ``(ii) subparagraph (A)(ii); and
                            ``(iii) the overall amount available for 
                        subparagraph (A).''; and
                    (D) in paragraph (3), by striking ``3 percent'' and 
                inserting ``1.85 percent'';
            (2) in subsection (e)(4), as redesignated--
                    (A) by amending subparagraph (B) to read as 
                follows:
            ``(B) Not more than an average of 15 percent over a 5-year 
        period of amounts apportioned to each State, territory, or the 
        District of Columbia under this section for a wildlife 
        conservation and restoration program may be used for wildlife 
        conservation education and wildlife-associated recreation.''; 
        and
                    (B) by inserting after subparagraph (B), as so 
                amended, the following:
                    ``(C) $55 million shall be reserved for States and 
                territories that include plants among their species of 
                greatest conservation need and in the conservation 
                planning and habitat prioritization efforts of their 
                Wildlife Conservation Strategy. Each eligible State, 
                territory, or the District of Columbia shall receive an 
                additional 5 percent of their apportioned amount. Any 
                unallocated resources shall be allocated proportionally 
                among all States and territories under the formulas of 
                this section.''; and
            (3) by adding at the end following:
    ``(f) Minimization of Planning and Reporting.--Nothing in this Act 
shall be interpreted to require a State to create a comprehensive 
strategy related to conservation education or outdoor recreation.
    ``(g) Accountability.--Not more than one year after the date of 
enactment of the Recovering America's Wildlife Act of 2021 and every 3 
years thereafter, each State fish and wildlife department shall submit 
a 3-year work plan and budget for implementing its Wildlife 
Conservation Strategy and a report describing the results derived from 
activities accomplished under subsection (c)(4) during the previous 3 
years to--
            ``(1) the Committee on Environment and Public Works of the 
        Senate;
            ``(2) the Committee on Natural Resources of the House of 
        Representatives; and
            ``(3) the United States Fish and Wildlife Service.''.

SEC. 102. TECHNICAL AMENDMENTS.

    (a) Definitions.--Section 2 of the Pittman-Robertson Wildlife 
Restoration Act (16 U.S.C. 669a) is amended--
            (1) in paragraph (7), by striking ``including fish,'';
            (2) by redesignating paragraphs (6) through (9) as 
        paragraphs (5) through (8), respectively; and
            (3) in paragraph (6), as redesignated by paragraph (2), by 
        inserting ``Indian Tribes, academic institutions,'' before 
        ``wildlife conservation organizations''.
    (b) Conforming Amendments.--The Pittman-Robertson Wildlife 
Restoration Act (16 U.S.C. 669a et seq.) is amended--
            (1) in section 3--
                    (A) in subsection (a)--
                            (i) by striking ``(1) An amount equal to'' 
                        and inserting ``An amount equal to''; and
                            (ii) by striking paragraph (2);
                    (B) in subsection (c)--
                            (i) in paragraph (9), as redesignated by 
                        section 101(a)(1), by striking ``or an Indian 
                        tribe''; and
                            (ii) in paragraph (10), as redesignated by 
                        section 101(a)(1), by striking ``Wildlife 
                        Conservation and Restoration Account'' and 
                        inserting ``Subaccount''; and
                    (C) in subsection (d), by striking ``Wildlife 
                Conservation and Restoration Account'' and inserting 
                ``Subaccount'';
            (2) in section 4 (16 U.S.C. 669c)--
                    (A) in subsection (d), as redesignated--
                            (i) in the heading, by striking ``Account'' 
                        and inserting ``Subaccount''; and
                            (ii) by striking ``Account'' each place it 
                        appears and inserting ``Subaccount''; and
                    (B) in subsection (e)(1), as redesignated, by 
                striking ``Account'' and inserting ``Subaccount''; and
            (3) in section 8 (16 U.S.C. 669g), in subsection (a), by 
        striking ``Account'' and inserting ``Subaccount''.

SEC. 103. SAVINGS CLAUSE.

    The Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669 et 
seq.) is amended--
            (1) by redesignating section 13 as section 15; and
            (2) by inserting after section 12 the following:

``SEC. 13. SAVINGS CLAUSE.

    ``Nothing in this Act shall be construed to enlarge or diminish the 
authority, jurisdiction, or responsibility of a State to manage, 
control, or regulate fish and wildlife under the law and regulations of 
the State on lands and waters within the State, including on Federal 
lands and waters.

``SEC. 14. STATUTORY CONSTRUCTION WITH RESPECT TO ALASKA.

    ``If any conflict arises between any provision of this Act and any 
provision of the Alaska National Interest Lands Conservation Act 
(Public Law 46-487, 16 U.S.C. 3101 et seq.), then the provision in the 
Alaska National Interest Lands Conservation Act shall prevail.''.

         TITLE II--TRIBAL WILDLIFE CONSERVATION AND RESTORATION

SEC. 201. INDIAN TRIBES.

    (a) Definitions.--In this section:
            (1) Account.--The term ``Account'' means the Tribal 
        Wildlife Conservation and Restoration Account established by 
        subsection (b)(1).
            (2) Indian tribe.--The term ``Indian Tribe'' has the 
        meaning given such term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 5304).
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (4) Tribal species of greatest conservation need.--The term 
        ``Tribal species of greatest conservation need'' means any 
        species identified by an Indian Tribe as requiring conservation 
        management because of declining population, habitat loss, or 
        other threats, or because of their biological or cultural 
        importance to such Tribe.
            (5) Wildlife.--The term ``wildlife'' means--
                    (A) any species of wild flora or fauna including 
                fish and marine mammals;
                    (B) flora or fauna in a captive breeding, 
                rehabilitation, and holding or quarantine program, the 
                object of which is to reintroduce individuals of a 
                depleted indigenous species into previously occupied 
                range or to maintain a species for conservation 
                purposes; and
                    (C) does not include game farm animals.
    (b) Tribal Wildlife Conservation and Restoration Account.--
            (1) In general.--There is established in the Treasury an 
        account to be known as the ``Tribal Wildlife Conservation and 
        Restoration Account''.
            (2) Availability.--Amounts in the Account shall be 
        available for each fiscal year without further appropriation 
        for apportionment in accordance with this title.
            (3) Deposits into account.--
                    (A) In general.--Beginning in fiscal year 2022, and 
                for each fiscal year thereafter, the Secretary of the 
                Treasury shall transfer $97,500,000 from the general 
                fund of the Treasury to the Account.
                    (B) Funding source.--
                            (i) Definition.--In this subparagraph, the 
                        term ``remaining natural resource or 
                        environmental-related violation revenue'' means 
                        the amount of all civil or criminal penalties, 
                        fines, sanctions, forfeitures, or other 
                        revenues resulting from natural resource or 
                        environmental-related violations or enforcement 
                        actions by any Federal agency that are not 
                        directed to be deposited in a fund other than 
                        the general fund of the Treasury or have 
                        otherwise been appropriated.
                            (ii) Use of revenue.--Beginning in fiscal 
                        year 2022, and for each fiscal year thereafter, 
                        the total amount of the remaining natural 
                        resource or environmental-related violation 
                        revenue with respect to the previous fiscal 
                        year--
                                    (I) shall be deposited in the 
                                general fund of the Treasury; and
                                    (II) shall be available for the 
                                purposes of the transfer under 
                                subparagraph (A).
    (c) Distribution of Funds to Indian Tribes.--Each fiscal year, the 
Secretary of the Treasury shall deposit funds into the Account and 
distribute such funds through a noncompetitive application process 
according to guidelines and criteria, and reporting requirements 
determined by the Secretary of the Interior, acting through the 
Director of the Bureau of Indian Affairs, in consultation with Indian 
Tribes. Such funds shall remain available until expended.
    (d) Wildlife Management Responsibilities.--The distribution 
guidelines and criteria described in subsection (c) shall be based, in 
part, upon Indian Tribes' wildlife management responsibilities.
    (e) Use of Funds.--
            (1) In general.--Except as provided in paragraph (2), the 
        Secretary may distribute funds from the Account to an Indian 
        Tribe for any of the following purposes:
                    (A) To develop, carry out, revise, or enhance 
                wildlife conservation and restoration programs to 
                manage Tribal species of greatest conservation need and 
                the habitats of such species as determined by the 
                Indian Tribe.
                    (B) To assist in the recovery of species listed as 
                an endangered or threatened species under the 
                Endangered Species Act of 1973 (16 U.S.C. 1531 et 
                seq.).
                    (C) For wildlife conservation education and 
                wildlife-associated recreation projects.
                    (D) To manage a Tribal species of greatest 
                conservation need and the habitat of such species, the 
                range of which may be shared with a foreign country, 
                State, or other Indian Tribe.
                    (E) To manage, control, and prevent invasive 
                species as well as diseases and other risks to 
                wildlife.
                    (F) For law enforcement activities that are 
                directly related to the protection and conservation of 
                wildlife.
                    (G) To develop, revise, and implement comprehensive 
                wildlife conservation strategies and plans for such 
                Tribe.
                    (H) For the hiring and training of wildlife 
                conservation and restoration program staff.
            (2) Conditions on the use of funds.--
                    (A) Required use of funds.--In order to be eligible 
                to receive funds under subsection (c), a Tribe's 
                application must include a proposal to use funds for at 
                least one of the purposes described in subparagraphs 
                (A) and (B) of paragraph (1).
                    (B) Imperiled species recovery.--In distributing 
                funds under this section, the Secretary shall 
                distribute not less than 15 percent of the total funds 
                distributed to proposals to fund the recovery of a 
                species, subspecies, or distinct population segment 
                listed as a threatened species, endangered species, or 
                candidate species under the Endangered Species Act of 
                1973 (16 U.S.C. 1531 et seq.) or Tribal law.
                    (C) Limitation.--In distributing funds under this 
                section, the Secretary shall distribute not more than 
                15 percent of all funds distributed under this section 
                for the purpose described in paragraph (1)(C).
    (f) No Matching Funds Required.--No Indian Tribe shall be required 
to provide matching funds to be eligible to receive funds under this 
Act.
    (g) Public Access Not Required.--Funds apportioned from the Tribal 
Wildlife Conservation and Restoration Account shall not be conditioned 
upon the provision of public or non-Tribal access to Tribal or private 
lands, waters, or holdings.
    (h) Administrative Costs.--Of the funds deposited under subsection 
(b)(3) for each fiscal year, not more than 3 percent shall be used by 
the Secretary for administrative costs.
    (i) Savings Clause.--Nothing in this Act shall be construed as 
modifying or abrogating a treaty with any Indian Tribe, or as enlarging 
or diminishing the authority, jurisdiction, or responsibility of an 
Indian Tribe to manage, control, or regulate wildlife.
                                 <all>