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

<DOC>





                                                       Calendar No. 354
117th CONGRESS
  2d 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, Mr. Blunt, Mr. Tillis, Mr. Boozman, Mr. 
King, Mr. Graham, Mr. Burr, Mr. Moran, Mr. Portman, Ms. Duckworth, Mr. 
 Rubio, Mr. Casey, Mr. Whitehouse, Mr. Lujan, Ms. Rosen, Mr. Padilla, 
  Mr. Marshall, Ms. Stabenow, Ms. Sinema, Mr. Wicker, Mr. Cramer, Mr. 
    Schatz, Mr. Kelly, Mr. Tuberville, Mr. Coons, Ms. Collins, Ms. 
Klobuchar, Mr. Tester, Mrs. Fischer, Mrs. Hyde-Smith, Mr. Hickenlooper, 
 Mr. Hagerty, and Mr. Ossoff) introduced the following bill; which was 
  read twice and referred to the Committee on Environment and Public 
                                 Works

                             April 27, 2022

               Reported by Mr. Carper, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

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

   <DELETED>TITLE I--WILDLIFE CONSERVATION AND RESTORATION</DELETED>

<DELETED>SEC. 101. WILDLIFE CONSERVATION AND RESTORATION 
              SUBACCOUNT.</DELETED>

<DELETED>    (a) In General.--Section 3 of the Pittman-Robertson 
Wildlife Restoration Act (16 U.S.C. 669b) is amended in subsection 
(c)--</DELETED>
        <DELETED>    (1) by redesignating paragraphs (2) and (3) as 
        paragraphs (9) and (10); and</DELETED>
        <DELETED>    (2) by striking paragraph (1) and inserting the 
        following:</DELETED>
        <DELETED>    ``(1) Establishment of subaccount.--</DELETED>
                <DELETED>    ``(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').</DELETED>
                <DELETED>    ``(B) Availability.--Amounts in the 
                Subaccount shall be available without further 
                appropriation, for each fiscal year, for apportionment 
                in accordance with this Act.</DELETED>
                <DELETED>    ``(C) Deposits into subaccount.--
                </DELETED>
                        <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(ii) Funding source.--</DELETED>
                                <DELETED>    ``(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.</DELETED>
                                <DELETED>    ``(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--</DELETED>
                                        <DELETED>    ``(aa) shall be 
                                        deposited in the general fund 
                                        of the Treasury; and</DELETED>
                                        <DELETED>    ``(bb) shall be 
                                        available for the purposes of 
                                        the transfer under clause 
                                        (i).</DELETED>
        <DELETED>    ``(2) Supplement not supplant.--Amounts 
        transferred to the Subaccount shall supplement, but not 
        replace, existing funds available to the States from--
        </DELETED>
                <DELETED>    ``(A) the funds distributed pursuant to 
                the Dingell-Johnson Sport Fish Restoration Act (16 
                U.S.C. 777 et seq.); and</DELETED>
                <DELETED>    ``(B) the fund.</DELETED>
        <DELETED>    ``(3) Innovation grants.--</DELETED>
                <DELETED>    ``(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).</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(C) Review committee.--The Secretary 
                shall appoint a review committee comprised of--
                </DELETED>
                        <DELETED>    ``(i) a State Director from each 
                        regional association of State fish and wildlife 
                        departments;</DELETED>
                        <DELETED>    ``(ii) the head of a department 
                        responsible for fish and wildlife management in 
                        a territory; and</DELETED>
                        <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(4) Use of funds.--Funds apportioned from the 
        Subaccount--</DELETED>
                <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(D) may be used for wildlife 
                conservation education and wildlife-associated 
                recreation projects, especially in historically 
                underserved communities;</DELETED>
                <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(F) may be used to manage, control, and 
                prevent invasive species, disease, and other risks to 
                species of greatest conservation need; and</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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).</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(7) Requirements for matching funds.--</DELETED>
                <DELETED>    ``(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--
                </DELETED>
                        <DELETED>    ``(i) funds from Federal agencies 
                        other than the Department of the Interior and 
                        the Department of Agriculture;</DELETED>
                        <DELETED>    ``(ii) donated private lands and 
                        waters, including privately owned 
                        easements;</DELETED>
                        <DELETED>    ``(iii) in circumstances described 
                        in subparagraph (B), revenue generated through 
                        the sale of State hunting and fishing licenses; 
                        and</DELETED>
                        <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(B) Revenue described in subparagraph 
                (A)(iii) may only be used to fulfill the requirements 
                of such non-Federal fund matching requirement if--
                </DELETED>
                        <DELETED>    ``(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</DELETED>
                        <DELETED>    ``(ii) the project or program 
                        being funded benefits the habitat of a hunted 
                        or fished species and a species of greatest 
                        conservation need.</DELETED>
        <DELETED>    ``(8) Definitions.--In this subsection, the 
        following definitions apply:</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.''.</DELETED>
<DELETED>    (b) Allocation and Apportionment of Available Amounts.--
Section 4 of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 
669c) is amended--</DELETED>
        <DELETED>    (1) in subsection (d)--</DELETED>
                <DELETED>    (A) in paragraph (1)--</DELETED>
                        <DELETED>    (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'';</DELETED>
                        <DELETED>    (ii) in subparagraph (B)--
                        </DELETED>
                                <DELETED>    (I) by striking ``to 
                                Guam'' and inserting ``To Guam''; 
                                and</DELETED>
                                <DELETED>    (II) by striking ``not 
                                more than one-fourth of one percent'' 
                                and inserting ``not less than one-third 
                                of one percent''; and</DELETED>
                        <DELETED>    (iii) by adding at the end the 
                        following:</DELETED>
                <DELETED>    ``(C) To the Commonwealth of Puerto Rico, 
                a sum equal to not less than 1 percent 
                thereof.'';</DELETED>
                <DELETED>    (B) in paragraph (2)(A)--</DELETED>
                        <DELETED>    (i) by amending clause (i) to read 
                        as follows:</DELETED>
                <DELETED>    ``(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;'';</DELETED>
                        <DELETED>    (ii) in clause (ii)--</DELETED>
                                <DELETED>    (I) by striking ``two-
                                thirds'' and inserting ``one-quarter''; 
                                and</DELETED>
                                <DELETED>    (II) by striking the 
                                period and inserting ``; and''; 
                                and</DELETED>
                        <DELETED>    (iii) by adding at the end the 
                        following:</DELETED>
                <DELETED>    ``(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.'';</DELETED>
                <DELETED>    (C) by amending paragraph (2)(B) to read 
                as follows:</DELETED>
                <DELETED>    ``(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--</DELETED>
                        <DELETED>    ``(i) subparagraph 
                        (A)(i);</DELETED>
                        <DELETED>    ``(ii) subparagraph (A)(ii); 
                        and</DELETED>
                        <DELETED>    ``(iii) the overall amount 
                        available for subparagraph (A).''; 
                        and</DELETED>
                <DELETED>    (D) in paragraph (3), by striking ``3 
                percent'' and inserting ``1.85 percent'';</DELETED>
        <DELETED>    (2) in subsection (e)(4), as redesignated--
        </DELETED>
                <DELETED>    (A) by amending subparagraph (B) to read 
                as follows:</DELETED>
        <DELETED>    ``(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</DELETED>
                <DELETED>    (B) by inserting after subparagraph (B), 
                as so amended, the following:</DELETED>
                <DELETED>    ``(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</DELETED>
        <DELETED>    (3) by adding at the end following:</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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--</DELETED>
        <DELETED>    ``(1) the Committee on Environment and Public 
        Works of the Senate;</DELETED>
        <DELETED>    ``(2) the Committee on Natural Resources of the 
        House of Representatives; and</DELETED>
        <DELETED>    ``(3) the United States Fish and Wildlife 
        Service.''.</DELETED>

<DELETED>SEC. 102. TECHNICAL AMENDMENTS.</DELETED>

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

<DELETED>SEC. 103. SAVINGS CLAUSE.</DELETED>

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

<DELETED>``SEC. 13. SAVINGS CLAUSE.</DELETED>

<DELETED>    ``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.</DELETED>

<DELETED>``SEC. 14. STATUTORY CONSTRUCTION WITH RESPECT TO 
              ALASKA.</DELETED>

<DELETED>    ``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.''.</DELETED>

          <DELETED>TITLE II--TRIBAL WILDLIFE CONSERVATION AND 
                         RESTORATION</DELETED>

<DELETED>SEC. 201. INDIAN TRIBES.</DELETED>

<DELETED>    (a) Definitions.--In this section:</DELETED>
        <DELETED>    (1) Account.--The term ``Account'' means the 
        Tribal Wildlife Conservation and Restoration Account 
        established by subsection (b)(1).</DELETED>
        <DELETED>    (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).</DELETED>
        <DELETED>    (3) Secretary.--The term ``Secretary'' means the 
        Secretary of the Interior.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (5) Wildlife.--The term ``wildlife'' means--
        </DELETED>
                <DELETED>    (A) any species of wild flora or fauna 
                including fish and marine mammals;</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (C) does not include game farm 
                animals.</DELETED>
<DELETED>    (b) Tribal Wildlife Conservation and Restoration 
Account.--</DELETED>
        <DELETED>    (1) In general.--There is established in the 
        Treasury an account to be known as the ``Tribal Wildlife 
        Conservation and Restoration Account''.</DELETED>
        <DELETED>    (2) Availability.--Amounts in the Account shall be 
        available for each fiscal year without further appropriation 
        for apportionment in accordance with this title.</DELETED>
        <DELETED>    (3) Deposits into account.--</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (B) Funding source.--</DELETED>
                        <DELETED>    (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.</DELETED>
                        <DELETED>    (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--</DELETED>
                                <DELETED>    (I) shall be deposited in 
                                the general fund of the Treasury; 
                                and</DELETED>
                                <DELETED>    (II) shall be available 
                                for the purposes of the transfer under 
                                subparagraph (A).</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (d) Wildlife Management Responsibilities.--The 
distribution guidelines and criteria described in subsection (c) shall 
be based, in part, upon Indian Tribes' wildlife management 
responsibilities.</DELETED>
<DELETED>    (e) Use of Funds.--</DELETED>
        <DELETED>    (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:</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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.).</DELETED>
                <DELETED>    (C) For wildlife conservation education 
                and wildlife-associated recreation projects.</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (E) To manage, control, and prevent 
                invasive species as well as diseases and other risks to 
                wildlife.</DELETED>
                <DELETED>    (F) For law enforcement activities that 
                are directly related to the protection and conservation 
                of wildlife.</DELETED>
                <DELETED>    (G) To develop, revise, and implement 
                comprehensive wildlife conservation strategies and 
                plans for such Tribe.</DELETED>
                <DELETED>    (H) For the hiring and training of 
                wildlife conservation and restoration program 
                staff.</DELETED>
        <DELETED>    (2) Conditions on the use of funds.--</DELETED>
                <DELETED>    (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).</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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).</DELETED>
<DELETED>    (f) No Matching Funds Required.--No Indian Tribe shall be 
required to provide matching funds to be eligible to receive funds 
under this Act.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Recovering America's Wildlife Act of 
2022''.

SEC. 2. STATEMENT OF PURPOSE.

    The purpose of this Act is to extend financial and technical 
assistance to States, territories, the District of Columbia, and Indian 
Tribes, including under the Pittman-Robertson Wildlife Restoration Act 
(16 U.S.C. 669 et seq.), for the purpose of avoiding the need to list 
species, or recovering species currently listed as a threatened species 
or an endangered species, under the Endangered Species Act of 1973 (16 
U.S.C. 1531 et seq.) or under State law.

             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 
        (10) and (11); 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.--The Secretary of the 
                        Treasury shall transfer from the general fund 
                        of the Treasury to the Subaccount--
                                    ``(I) for fiscal year 2022, 
                                $850,000,000;
                                    ``(II) for fiscal year 2023, 
                                $1,100,000,000;
                                    ``(III) for fiscal year 2024, 
                                $1,200,000,000; and
                                    ``(IV) for fiscal year 2025, and 
                                for each fiscal year thereafter, 
                                $1,300,000,000.
                            ``(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 (16 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;
                            ``(iii) one delegate from the United States 
                        Fish and Wildlife Service, for the purpose of 
                        providing technical assistance; and
                            ``(iv) beginning in fiscal year 2022, 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.--Using not more than 3 percent of the amounts 
                apportioned under subparagraph (A) to carry out a 
                competitive grant program, 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 
        shall be used for purposes consistent with section 2 of the 
        Recovering America's Wildlife Act of 2022 and--
                    ``(A) shall be used to implement the Wildlife 
                Conservation Strategy of a State, territory, or the 
                District of Columbia, as required under section 4(e), 
                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 2022.
                    ``(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 (16 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)--
                    (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) 5 percent of amounts apportioned to each State, each 
        territory, or the District of Columbia under this section for a 
        wildlife conservation and restoration program 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.--
            ``(1) In general.--Not more than one year after the date of 
        enactment of the Recovering America's Wildlife Act of 2022 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 (e) during the previous 3 years to the United 
        States Fish and Wildlife Service for review, which shall 
        summarize such findings and submit a report to--
                    ``(A) the Committee on Environment and Public Works 
                of the Senate; and
                    ``(B) the Committee on Natural Resources of the 
                House of Representatives.
            ``(2) Requirements.--The format of the 3-year work plans, 
        budgets, and reports required under paragraph (1) shall be 
        established by the United States Fish and Wildlife Service, in 
        consultation with the Association of Fish and Wildlife 
        Agencies.
            ``(3) GAO study.--Not later than 7 years after the date of 
        enactment of the Recovering America's Wildlife Act of 2022, the 
        Comptroller General of the United States shall conduct a study 
        to examine the progress of States, territories, the District of 
        Columbia, and Indian Tribes towards achieving the purpose 
        described in section 2 of that Act.''.

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,''; and
            (2) in paragraph (9), 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)--
                            (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), 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 14 as section 16; and
            (2) by inserting after section 13 the following:

``SEC. 14. 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. 15. 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 (16 
U.S.C. 3101 et seq.) or the Alaska Native Claims Settlement Act (43 
U.S.C. 1601 et seq.), then the provision in the Alaska National 
Interest Lands Conservation Act or the Alaska Native Claims Settlement 
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 an Indian Tribe's wildlife management responsibilities. Any 
funding allocated to an Indian Tribe in Alaska may only be used in a 
manner consistent with the Alaska Native Claims Settlement Act (43 
U.S.C. 1601 et seq.), the Alaska National Interest Lands Conservation 
Act (16 U.S.C. 3101 et seq.), and Public Law 85-508 (commonly known as 
the ``Alaska Statehood Act'') (48 U.S.C. note prec. 21). Alaska Native 
Corporations or Tribes may enter into cooperative agreements with the 
State of Alaska on conservation projects of mutual concern.
    (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.
    (j) 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 (16 U.S.C. 3101 et 
seq.) or the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et 
seq.), then the provision in the Alaska National Interest Lands 
Conservation Act or the Alaska Native Claims Settlement Act shall 
prevail.

TITLE III--ENDANGERED SPECIES RECOVERY AND HABITAT CONSERVATION LEGACY 
                                  FUND

SEC. 301. ENDANGERED SPECIES RECOVERY AND HABITAT CONSERVATION LEGACY 
              FUND.

    (a) Establishment.--There is established in the Treasury of the 
United States a fund, to be known as the ``Endangered Species Recovery 
and Habitat Conservation Legacy Fund'' (referred to in this section as 
the ``Fund'').
    (b) Funding.--For each of fiscal years 2022 through 2025, the 
Secretary of the Treasury shall transfer from the general fund of the 
Treasury to the Fund $187,500,000.
    (c) Availability of Funds.--Amounts in the Fund shall be available 
to the Secretary of the Interior, acting through the Director of the 
United States Fish and Wildlife Service (referred to in this section as 
the ``Secretary''), as provided in subsection (e), without further 
appropriation or fiscal year limitation.
    (d) Investment of Amounts.--
            (1) In general.--The Secretary may request the Secretary of 
        the Treasury to invest any portion of the Fund that is not, as 
        determined by the Secretary, required to meet the current needs 
        of the Fund.
            (2) Requirement.--An investment requested under paragraph 
        (1) shall be made by the Secretary of the Treasury in a public 
        debt security--
                    (A) with a maturity suitable to the needs of the 
                Fund, as determined by the Secretary; and
                    (B) bearing interest at a rate determined by the 
                Secretary of the Treasury, taking into consideration 
                current market yields on outstanding marketable 
                obligations of the United States of comparable 
                maturity.
            (3) Credits to fund.--The income on investments of the Fund 
        under this subsection shall be credited to, and form a part of, 
        the Fund.
    (e) Use of Funds.--Amounts in the Fund shall be used for recovering 
the species managed under the Endangered Species Act of 1973 (16 U.S.C. 
1531 et seq.), in addition to amounts otherwise available for such 
purposes, as follows:
            (1) Endangered species recovery grant program.--$75,000,000 
        for each of fiscal years 2022 through 2025, to remain available 
        until expended, shall be used to establish and implement a 
        grant and technical assistance program, to be known as the 
        ``Endangered Species Recovery Grant Program'', to provide 
        competitive matching grants for the purpose of recovering 
        species listed as a threatened species or an endangered species 
        under section 4 of the Endangered Species Act of 1973 (16 
        U.S.C. 1533) by addressing the backlog in the development of 
        recovery plans, and implementing the backlog of activities 
        identified in existing recovery plans, under subsection (f) of 
        that section (16 U.S.C. 1533(f)). The Secretary shall enter 
        into an agreement with the National Fish and Wildlife 
        Foundation to establish and cooperatively manage the Endangered 
        Species Recovery Grant Program in accordance with the 
        Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) and the 
        National Fish and Wildlife Foundation Establishment Act (16 
        U.S.C. 3701 et seq.).
            (2) Interagency consultation responsibilities.--$75,000,000 
        for each of fiscal years 2022 through 2025, to remain available 
        until expended, shall be used for the United States Fish and 
        Wildlife Service to address interagency consultation 
        responsibilities under section 7 of the Endangered Species Act 
        of 1973 (16 U.S.C. 1536).
            (3) Conservation activities.--$28,125,000 for each of 
        fiscal years 2022 through 2025, to remain available until 
        expended, shall be used for the United States Fish and Wildlife 
        Service to work with non-Federal entities, including through, 
        but not limited to, the Partners for Fish and Wildlife Program, 
        the Coastal Program, and the North American Wetlands 
        Conservation Act (16 U.S.C. 4401 et seq.)--
                    (A) to conserve at risk species, species that are 
                candidates or proposed for listing, and species that 
                are listed as threatened or endangered species under 
                section 4 of the Endangered Species Act of 1973 (16 
                U.S.C. 1533), including through rescue and 
                rehabilitation efforts; and
                    (B) to conserve wildlife habitat.
            (4) Voluntary conservation agreements.--$9,375,000 for each 
        of fiscal years 2022 through 2025, to remain available until 
        expended, shall be used for the United States Fish and Wildlife 
        Service to address the development and permitting of voluntary 
        conservation agreements under section 10 of the Endangered 
        Species Act of 1973 (16 U.S.C. 1539).
    (f) Supplement, Not Supplant.--Amounts made available under this 
section shall supplement and not supplant any other Federal amounts 
made available to carry out activities described in this section in an 
annual appropriations Act of Congress.
    (g) Submission of Species Lists to Congress.--
            (1) Priority list of species.--Not later than 90 days after 
        the date of enactment of this Act, the Secretary, shall submit 
        to the Committees on Environment and Public Works and 
        Appropriations of the Senate and the Committees on Natural 
        Resources and Appropriations of the House of Representatives a 
        list of threatened species and endangered species for which 
        recovery plans described in subsection (e)(1) will be developed 
        or implemented for fiscal year 2023.
            (2) Annual list of species.--Until the date on which all of 
        the amounts in the Fund are expended, the President shall 
        annually submit to Congress, together with the annual budget of 
        the United States, a list of threatened species and endangered 
        species for which recovery plans described in subsection (e)(1) 
        will be developed or implemented with amounts from the Fund.
    (h) Public Donations.--
            (1) In general.--The Secretary may accept public cash 
        donations that advance efforts--
                    (A) to address the backlog in the development and 
                implementation of recovery plans; and
                    (B) to encourage relevant public-private 
                partnerships.
            (2) Credits to fund.--Any cash donations accepted under 
        paragraph (1) shall be credited to, and form a part of, the 
        Fund.
            (3) Rejection of donations.--The Secretary may reject a 
        donation under this section when the rejection is in the 
        interest of the Federal Government, as determined by the 
        Secretary.
    (i) Allocation Authority.--
            (1) Submission of cost estimates.--The President shall 
        submit to Congress detailed allocations by program element of 
        the amount recommended for allocation in a fiscal year from 
        amounts made available under subsection (c), consistent with 
        the use of funds under subsection (e), as follows:
                    (A) For fiscal year 2023, not later than 90 days 
                after the date of enactment of this Act.
                    (B) For each fiscal year thereafter, until the date 
                on which all of the amounts in the Fund are allocated, 
                as part of the annual budget submission of the 
                President under section 1105(a) of title 31, United 
                States Code.
            (2) Alternate allocation.--
                    (A) In general.--The Committees on Appropriations 
                of the Senate and House of Representatives may provide 
                for alternate allocation of amounts recommended for 
                allocation in a given fiscal year from amounts made 
                available under subsection (c), consistent with the use 
                of funds under subsection (e), including allocations by 
                program element.
                    (B) Allocation by president.--
                            (i) No alternate allocations.--If Congress 
                        has not enacted legislation establishing 
                        alternate allocations, including by program, by 
                        the date on which the Act making full-year 
                        appropriations for the Department of the 
                        Interior, Environment, and Related Agencies for 
                        the applicable fiscal year is enacted into law, 
                        only then shall amounts recommended for 
                        allocation for that fiscal year from amounts 
                        made available under subsection (c), consistent 
                        with the use of funds under subsection (e), be 
                        allocated by the President or apportioned or 
                        allotted by program pursuant to title 31, 
                        United States Code.
                            (ii) Insufficient alternate allocation.--If 
                        Congress enacts legislation establishing 
                        alternate allocations, including by program, 
                        for amounts recommended for allocation in a 
                        given fiscal year from amounts made available 
                        under subsection (c), consistent with the use 
                        of funds under subsection (e), that are less 
                        than the full amount recommended for allocation 
                        for that fiscal year, the difference between 
                        the amount recommended for allocation and the 
                        alternate allocation shall be allocated by the 
                        President and apportioned and allotted by 
                        program pursuant to title 31, United States 
                        Code.
    (j) Prohibitions.--No amounts from the Fund shall be used--
            (1) to make any listing determination relating to the 
        endangered or threatened status of any species pursuant to 
        section 4(a) of the Endangered Species Act of 1973 (16 U.S.C. 
        1533(a));
            (2) on any experimental population (as defined in paragraph 
        (1) of section 10(j) of the Endangered Species Act of 1973 (16 
        U.S.C. 1539(j))) of a threatened or endangered species that is 
        determined to be nonessential under that section;
            (3) outside of the United States (as defined in section 3 
        of the Endangered Species Act of 1973 (16 U.S.C. 1532)); and
            (4) to acquire any Federal land.
                                                       Calendar No. 354

117th CONGRESS

  2d Session

                                S. 2372

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                                 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.

_______________________________________________________________________

                             April 27, 2022

                       Reported with an amendment