[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1149 Introduced in Senate (IS)]

<DOC>






118th CONGRESS
  1st Session
                                S. 1149

    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

                             March 30, 2023

  Mr. Heinrich (for himself and Mr. Tillis) 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 
2023''.

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.

SEC. 3. SENSE OF CONGRESS RELATING TO OFFSETS.

    It is the sense of Congress that the costs of carrying out this 
Act, and the amendments made by this Act, shall be offset.

             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.--The Secretary of 
                the Treasury shall transfer from the general fund of 
                the Treasury to the Subaccount--
                            ``(i) for fiscal year 2024, $850,000,000;
                            ``(ii) for fiscal year 2025, 
                        $1,100,000,000;
                            ``(iii) for fiscal year 2026, 
                        $1,200,000,000; and
                            ``(iv) for fiscal year 2027, and each 
                        fiscal year thereafter, $1,300,000,000.
            ``(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 2024, 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 2023 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 2023.
                    ``(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 2023 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 2023, 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. 669 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.--Beginning in fiscal year 2024, 
        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.
    (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 
section.
    (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 section 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 section 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 2024 through 2027, 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 2024 through 2027, 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 2024 through 2027, 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 2024 through 2027, 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 2024 through 2027, 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 2024.
            (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 2024, 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.
                                 <all>