[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.
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