[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1708 Introduced in Senate (IS)]

<DOC>






118th CONGRESS
  1st Session
                                S. 1708

  To create dedicated funds to conserve butterflies in North America, 
plants in the Pacific Islands, freshwater mussels in the United States, 
and desert fish in the Southwest United States, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 18, 2023

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

_______________________________________________________________________

                                 A BILL


 
  To create dedicated funds to conserve butterflies in North America, 
plants in the Pacific Islands, freshwater mussels in the United States, 
and desert fish in the Southwest United States, and for other purposes.

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

SECTION 1. SHORT TITLE.

    (a) Short Title.--This Act may be cited as the ``Extinction 
Prevention Act of 2023''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title.
       TITLE I--NORTH AMERICA BUTTERFLY CONSERVATION ACT OF 2023

Sec. 101. Short title.
Sec. 102. Purposes.
Sec. 103. Definitions.
Sec. 104. North America butterfly conservation assistance.
Sec. 105. North America Butterfly Conservation Fund.
Sec. 106. Authorization of appropriations.
Sec. 107. Report to Congress.
     TITLE II--PACIFIC ISLANDS PLANT CONSERVATION FUND ACT OF 2023

Sec. 201. Short title.
Sec. 202. Purposes.
Sec. 203. Definitions.
Sec. 204. Pacific Islands plant conservation assistance.
Sec. 205. Pacific Islands Plant Conservation Fund.
Sec. 206. Authorization of appropriations.
Sec. 207. Report to Congress.
       TITLE III--FRESHWATER MUSSEL CONSERVATION FUND ACT OF 2023

Sec. 301. Short title.
Sec. 302. Purposes.
Sec. 303. Definitions.
Sec. 304. United States freshwater mussel conservation assistance.
Sec. 305. Freshwater Mussel Conservation Fund.
Sec. 306. Authorization of appropriations.
Sec. 307. Report to Congress.
     TITLE IV--SOUTHWEST DESERT FISH CONSERVATION FUND ACT OF 2023

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

       TITLE I--NORTH AMERICA BUTTERFLY CONSERVATION ACT OF 2023

SEC. 101. SHORT TITLE.

    This title may be cited as the ``North America Butterfly 
Conservation Fund Act of 2023''.

SEC. 102. PURPOSES.

    The purposes of this title are--
            (1) to perpetuate healthy populations of butterflies in 
        North America;
            (2) to assist in the conservation of threatened and 
        endangered butterflies by supporting conservation initiatives 
        in North America; and
            (3) to provide financial resources and to foster 
        international cooperation for those initiatives.

SEC. 103. DEFINITIONS.

    In this title:
            (1) North america butterfly conservation.--The term ``North 
        America butterfly conservation'' means the use of all methods 
        and procedures necessary to protect habitats of butterflies in 
        North America and of butterflies in those habitats, including--
                    (A) protection, restoration, and management of 
                habitats;
                    (B) onsite research and monitoring of populations, 
                habitats, annual reproduction, and butterfly species 
                population trends;
                    (C) assistance in the development, implementation, 
                and improvement of national and regional management 
                plans;
                    (D) enforcement and implementation of applicable 
                conservation laws; and
                    (E) community outreach and education.
            (2) Fund.--The term ``Fund'' means the North America 
        Butterfly Conservation Fund established by section 105.
            (3) Butterfly; butterflies.--The terms ``butterfly'' and 
        ``butterflies'' mean any member of the order Lepidoptera.
            (4) North america.--The term ``North America'' means the 
        United States, Canada, Mexico, Antigua and Barbuda, Bahamas, 
        Barbados, Belize, Costa Rica, Cuba, Dominica, Dominican 
        Republic, El Salvador, Grenada, Guatemala, Haiti, Honduras, 
        Jamaica, Nicaragua, Panama, Saint Kitts and Nevis, Saint Lucia, 
        Saint Vincent and the Grenadines, and Trinidad and Tobago.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.

SEC. 104. NORTH AMERICA BUTTERFLY CONSERVATION ASSISTANCE.

    (a) Assistance.--
            (1) In general.--The Secretary shall, in consultation with 
        other Federal officials, use amounts in the Fund to provide 
        competitive financial assistance, including multiyear grants, 
        for North America butterfly conservation projects.
            (2) Use of existing authorities.--Assistance provided under 
        this section shall be carried out in a manner consistent with 
        authorities available to the Secretary under the Endangered 
        Species Act of 1973 (16 U.S.C. 1531 et seq.).
    (b) Project Proposals.--
            (1) Eligible applicants.--A proposal for a North America 
        butterfly conservation project may be submitted to the 
        Secretary under this section by--
                    (A) a State or Tribal agency, research institution, 
                nonprofit organization, or wildlife management 
                authority in North America that--
                            (i) exercises control or has jurisdiction 
                        over butterfly habitat; and
                            (ii) directly or indirectly affects North 
                        America butterfly conservation; or
                    (B) any other individual or entity, as the 
                Secretary determines appropriate, with the demonstrated 
                expertise required to carry out North America butterfly 
                conservation.
            (2) Federal partnership opportunities.--A Federal agency 
        may not be a lead entity or receive funding for a project under 
        this section, but may be included as a partner or collaborator 
        on a project that receives such funding.
            (3) Required elements.--A project proposal submitted under 
        this section shall include--
                    (A) a statement of the purposes of the project;
                    (B) the name of the individual or entity with 
                overall responsibility for the project;
                    (C) a description of--
                            (i) the qualifications of the individual or 
                        entity that will conduct the project;
                            (ii) methods for project implementation and 
                        outcome assessment;
                            (iii) staffing and stakeholder engagement 
                        for the project, including mechanisms to 
                        encourage adequate local public participation 
                        in project development and implementation;
                            (iv) the logistics of the project, 
                        including cost estimates and timelines; and
                            (v) anticipated outcomes of the project;
                    (D) evidence of free, informed, and prior consent 
                by indigenous communities in the area in which the 
                project will be conducted, if the Secretary determines 
                that such consent is required for the success of the 
                project;
                    (E) assurances that the project will be implemented 
                in consultation with relevant wildlife management 
                authorities, Tribes, and other appropriate government 
                officials;
                    (F) demonstrated sensitivity to local historic and 
                cultural resources and compliance with applicable laws;
                    (G) information that demonstrates the potential of 
                the project to contribute to North America butterfly 
                conservation;
                    (H) evidence of support for the project from each 
                appropriate governmental entity of each country, Tribe, 
                and indigenous community in which the project will be 
                conducted, if the Secretary determines that such 
                support is required for the success of the project;
                    (I) information regarding the source and amount of 
                any matching funding available for the project; and
                    (J) such other information as the Secretary 
                determines appropriate.
    (c) Project Review and Approval.--
            (1) In general.--The Secretary shall--
                    (A) not later than 30 days after receiving a 
                project proposal, provide a copy of the proposal to 
                other Federal officials, as appropriate; and
                    (B) review each project proposal to determine 
                whether the proposal meets the criteria specified in 
                subsection (d).
            (2) Consultation; approval or disapproval.--Not later than 
        180 days after receiving a project proposal, the Secretary 
        shall, after consulting with other Federal officials, as 
        appropriate, with respect to each project proposal submitted 
        under this section--
                    (A) consult on the project proposal with the 
                government of each country in which the project is to 
                be conducted;
                    (B) after taking into consideration any comments 
                resulting from such consultation, approve or disapprove 
                the project proposal; and
                    (C) provide written notification of the approval or 
                disapproval to the individual or entity that submitted 
                the project proposal, such other Federal officials, and 
                each country described in subparagraph (A).
    (d) Criteria for Approval.--
            (1) In general.--The Secretary may approve a project 
        proposal under this section if the project will help recover 
        and sustain viable populations of butterflies in the wild by 
        assisting efforts to implement North America butterfly 
        conservation programs.
            (2) Priority.--In selecting projects for approval, the 
        Secretary shall give priority to projects that conserve species 
        of butterflies that are listed as a threatened or endangered 
        species under the Endangered Species Act of 1973 (16 U.S.C. 
        1531 et seq.).
            (3) Project sustainability.--To the maximum extent 
        practicable, in determining whether to approve a project 
        proposal under this section, the Secretary shall give 
        preference to projects that are designed to ensure effective 
        and long-term North America butterfly conservation.
            (4) Matching funds.--In determining whether to approve a 
        project proposal under this section, the Secretary shall give 
        preference to projects for which matching funds are available.
            (5) Waiver.--The Secretary may waive the application of 
        paragraphs (2), (3), or (4) with respect to a project if the 
        Secretary--
                    (A) has identified the project as of high priority; 
                and
                    (B) finds that such waiver is necessary to support 
                the project.
    (e) Project Reporting.--
            (1) In general.--Each individual or entity that receives 
        assistance under this section for a project shall submit to the 
        Secretary periodic reports (at such intervals as the Secretary 
        determines appropriate) that include all information that the 
        Secretary, after consultation with other government officials, 
        determines is necessary to evaluate the progress and success of 
        such project for the purposes of ensuring positive results, 
        assessing problems, and fostering improvements.
            (2) Availability to the public.--The Secretary shall make 
        available to the public each report submitted under paragraph 
        (1) and any other document relating to a project for which 
        financial assistance is provided under this title.

SEC. 105. NORTH AMERICA BUTTERFLY CONSERVATION FUND.

    (a) Establishment.--There is established in the Treasury a separate 
account, to be known as the ``North America Butterfly Conservation 
Fund'', consisting of--
            (1) amounts transferred to the Secretary for deposit into 
        the Fund under subsection (e);
            (2) amounts appropriated to the Fund under section 106; and
            (3) any interest earned on investment of amounts in the 
        Fund under subsection (c).
    (b) Expenditures From Fund.--
            (1) In general.--Subject to paragraph (2), at the request 
        of the Secretary, the Secretary of the Treasury shall transfer 
        from the Fund to the Secretary, without further appropriation, 
        such amounts as the Secretary determines are necessary to carry 
        out section 104.
            (2) Administrative expenses.--Of the amounts in the Fund 
        available for each fiscal year, the Secretary may expend the 
        greater of 3 percent of such amounts or $80,000 to pay the 
        administrative expenses necessary to carry out this title.
    (c) Investment of Amounts.--
            (1) In general.--The Secretary of the Treasury shall invest 
        such portion of the Fund as is not, in the judgment of the 
        Secretary of the Treasury, required to meet current 
        withdrawals. Such investments may be made only in interest-
        bearing obligations of the United States.
            (2) Acquisition of obligations.--For the purpose of 
        investments under paragraph (1), obligations may be acquired--
                    (A) on original issue at the issue price; or
                    (B) by purchase of outstanding obligations at 
                market price.
            (3) Sale of obligations.--Any obligation acquired by the 
        Fund may be sold by the Secretary of the Treasury at market 
        price.
            (4) Credits to fund.--The interest on, and the proceeds 
        from the sale or redemption of, any obligations held in the 
        Fund shall be credited to and form a part of the Fund.
    (d) Transfers of Amounts.--
            (1) In general.--The Secretary of the Treasury shall 
        transfer at least monthly the amounts required to be 
        transferred to the Fund under this section from the general 
        fund of the Treasury to the Fund on the basis of estimates made 
        by the Secretary of the Treasury.
            (2) Adjustments.--The Secretary of the Treasury shall make 
        proper adjustment in amounts subsequently transferred to the 
        extent prior estimates were in excess of or less than the 
        amounts required to be transferred.
    (e) Acceptance and Use of Donations.--
            (1) In general.--The Secretary may accept for the 
        Government a gift of any of the following to provide assistance 
        under section 104:
                    (A) Money.
                    (B) An obligation of the Government included in the 
                public debt made only on the condition that the 
                obligation be canceled and retired and not reissued.
                    (C) Other intangible personal property made only on 
                the condition that the property is sold on the best 
                terms available and the proceeds are deposited in the 
                Fund.
            (2) Discretion to reject a gift.--The Secretary may reject 
        a gift under this section when the rejection is in the interest 
        of the Government.
            (3) Taxes.--If a gift received under this subsection is 
        subject to a gift or inheritance tax, the Secretary may pay the 
        tax out of the proceeds of the gift or the proceeds of the 
        redemption or sale of the gift.

SEC. 106. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Secretary $5,000,000 
for each of fiscal years 2024 through 2029 to carry out this title.

SEC. 107. REPORT TO CONGRESS.

    (a) In General.--Not later than January 31 of each calendar year 
after the date of the enactment of this title, the Secretary shall 
submit to Congress a report regarding the Fund and the status of 
butterflies in North America during the preceding calendar year.
    (b) Contents of Reports.--Each report submitted under subsection 
(a) shall include, with respect to the calendar year for which such 
report is submitted--
            (1) the total amount deposited into and expended from the 
        Fund;
            (2) the costs associated with carrying out this title;
            (3) a summary of the projects for which the Secretary 
        provided assistance under section 104 and an evaluation of such 
        projects; and
            (4) an evaluation of the status of threatened and 
        endangered populations of butterflies in North America.

     TITLE II--PACIFIC ISLANDS PLANT CONSERVATION FUND ACT OF 2023

SEC. 201. SHORT TITLE.

    This title may be cited as the ``Pacific Islands Plant Conservation 
Fund Act of 2023''.

SEC. 202. PURPOSES.

    The purposes of this title are--
            (1) to assist in the conservation of threatened and 
        endangered species of plants in the Pacific Islands; and
            (2) to support and provide financial resources for projects 
        to conserve such species of plants and the ecosystems of such 
        species of plants and to address other threats to the survival 
        of such species of plants.

SEC. 203. DEFINITIONS.

    In this title:
            (1) Pacific islands plant conservation.--The term ``Pacific 
        Islands plant conservation'' means the use of all methods and 
        procedures necessary to protect species of plants in the 
        Pacific Islands including--
                    (A) protection, restoration, and management of 
                ecosystems;
                    (B) onsite research and monitoring of populations, 
                ecosystems, annual reproduction, and plant population 
                trends;
                    (C) assistance in the development, implementation, 
                and improvement of management plans;
                    (D) enforcement and implementation of applicable 
                conservation laws; and
                    (E) community outreach and education.
            (2) Fund.--The term ``Fund'' means the Pacific Islands 
        Plant Conservation Fund established by section 205.
            (3) Pacific islands.--The term ``Pacific Islands'' means 
        the Hawaiian Islands and the United States territories of Guam, 
        American Samoa, and the Northern Mariana Islands.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.

SEC. 204. PACIFIC ISLANDS PLANT CONSERVATION ASSISTANCE.

    (a) Assistance.--
            (1) In general.--The Secretary shall, in consultation with 
        other Federal officials, use amounts in the Fund to provide 
        competitive financial assistance, including multiyear grants, 
        for Pacific Islands plant conservation projects.
            (2) Use of existing authorities.--Assistance provided under 
        this section shall be carried out in a manner consistent with 
        authorities available to the Secretary under the Endangered 
        Species Act of 1973 (16 U.S.C. 1531 et seq.).
    (b) Project Proposals.--
            (1) Eligible applicants.--A project proposal for Pacific 
        Islands plant conservation may be submitted to the Secretary 
        under this section by a State, territory, or Tribal agency or 
        any other individual or entity, as determined appropriate by 
        the Secretary, with the expertise required to carry out Pacific 
        Islands plant conservation.
            (2) Federal partnership opportunities.--A Federal agency 
        may not be a lead entity or receive funding for a project under 
        this section, but may be included as a partner or collaborator 
        on a project that receives such funding.
            (3) Required elements.--A project proposal submitted under 
        this section shall include--
                    (A) a statement of the purposes of the project;
                    (B) the name of the individual or entity with 
                overall responsibility for the project;
                    (C) a description of--
                            (i) the qualifications of the individual or 
                        entity that will conduct the project;
                            (ii) methods for project implementation and 
                        outcome assessment;
                            (iii) staffing and stakeholder engagement 
                        for the project, including mechanisms to ensure 
                        adequate local public participation in project 
                        development and implementation;
                            (iv) the logistics of the project, 
                        including cost estimates and timelines;
                            (v) anticipated outcomes of the project; 
                        and
                            (vi) how the project will promote 
                        sustainable, effective, long-term programs to 
                        conserve plant populations on the Pacific 
                        Islands;
                    (D) assurances that the project will be implemented 
                in consultation with relevant wildlife management 
                authorities, Tribes, and other appropriate government 
                officials;
                    (E) demonstrated sensitivity to local historic and 
                cultural resources and compliance with applicable laws;
                    (F) information that demonstrates the potential of 
                the project to contribute to Pacific Islands plant 
                conservation;
                    (G) information regarding the source and amount of 
                any matching funding available for the project; and
                    (H) such other information as the Secretary 
                determines appropriate.
    (c) Project Review and Approval.--
            (1) In general.--The Secretary shall--
                    (A) not later than 30 days after receiving a 
                project proposal, provide a copy of the proposal to 
                other Federal officials, as appropriate; and
                    (B) review each project proposal to determine 
                whether the proposal meets the criteria specified in 
                subsection (d).
            (2) Consultation; approval or disapproval.--The Secretary 
        shall, after consulting with other Federal officials, as 
        appropriate, with respect to each project proposal submitted 
        under this section--
                    (A) consult on the project proposal with the 
                government of each State or territory in which such 
                project is to be conducted;
                    (B) after taking into consideration any comments 
                resulting from such consultation, approve or disapprove 
                the project proposal; and
                    (C) provide written notification of the approval or 
                disapproval to the individual or entity that submitted 
                the project proposal, such other Federal officials, and 
                each State or territory described in subparagraph (A).
    (d) Criteria for Approval.--
            (1) In general.--The Secretary may approve a project 
        proposal under this section if the project will help recover 
        and sustain viable populations of threatened and endangered 
        plants by assisting efforts to implement Pacific Islands plant 
        conservation programs.
            (2) Priority.--In selecting projects for approval, the 
        Secretary shall give priority to projects that conserve species 
        of plants that are listed as a threatened or endangered species 
        under the Endangered Species Act of 1973 (16 U.S.C. 1531 et. 
        seq.).
            (3) Project sustainability.--To the maximum extent 
        practicable, in determining whether to approve a project 
        proposal under this section, the Secretary shall give 
        preference to projects that are designed to ensure effective 
        and long-term Pacific Islands plant conservation.
            (4) Matching funds.--In determining whether to approve a 
        project proposal under this section, the Secretary shall give 
        preference to projects for which matching funds are available.
            (5) Waiver.--The Secretary may waive the application of 
        paragraphs (2), (3), or (4) with respect to a project if the 
        Secretary--
                    (A) has identified the project as of high priority; 
                and
                    (B) finds that such waiver is necessary to support 
                the project.
    (e) Project Reporting.--
            (1) In general.--Each individual or entity that receives 
        assistance under this section for a project shall submit to the 
        Secretary periodic reports (at such intervals as the Secretary 
        determines appropriate) that include all information that the 
        Secretary, after consultation with other government officials, 
        determines is necessary to evaluate the progress and success of 
        such project for the purposes of ensuring positive results, 
        assessing problems, and fostering improvements.
            (2) Availability to the public.--The Secretary shall make 
        available to the public each report submitted under paragraph 
        (1) and any other document relating to a project for which 
        financial assistance is provided under this title.

SEC. 205. PACIFIC ISLANDS PLANT CONSERVATION FUND.

    (a) Establishment.--There is established in the Treasury a separate 
account, to be known as the ``Pacific Islands Plant Conservation 
Fund'', consisting of--
            (1) amounts transferred to the Secretary for deposit into 
        the Fund under subsection (e);
            (2) amounts appropriated to the Fund under section 206; and
            (3) any interest earned on investment of amounts in the 
        Fund under subsection (c).
    (b) Expenditures From Fund.--
            (1) In general.--Subject to paragraph (2), at the request 
        of the Secretary, the Secretary of the Treasury shall transfer 
        from the Fund to the Secretary, without further appropriation, 
        such amounts as the Secretary determines are necessary to carry 
        out section 204.
            (2) Administrative expenses.--Of the amounts in the Fund 
        available for each fiscal year, the Secretary may expend the 
        greater of 3 percent of such amounts or $80,000 to pay the 
        administrative expenses necessary to carry out this title.
    (c) Investment of Amounts.--
            (1) In general.--The Secretary of the Treasury shall invest 
        such portion of the Fund as is not, in the judgment of the 
        Secretary of the Treasury, required to meet current 
        withdrawals. Such investments may be made only in interest-
        bearing obligations of the United States.
            (2) Acquisition of obligations.--For the purpose of 
        investments under paragraph (1), obligations may be acquired--
                    (A) on original issue at the issue price; or
                    (B) by purchase of outstanding obligations at 
                market price.
            (3) Sale of obligations.--Any obligation acquired by the 
        Fund may be sold by the Secretary of the Treasury at market 
        price.
            (4) Credits to fund.--The interest on, and the proceeds 
        from the sale or redemption of, any obligations held in the 
        Fund shall be credited to and form a part of the Fund.
    (d) Transfers of Amounts.--
            (1) In general.--The Secretary of the Treasury shall 
        transfer at least monthly the amounts required to be 
        transferred to the Fund under this section from the general 
        fund of the Treasury to the Fund on the basis of estimates made 
        by the Secretary of the Treasury.
            (2) Adjustments.--The Secretary of the Treasury shall make 
        proper adjustment in amounts subsequently transferred to the 
        extent prior estimates were in excess of or less than the 
        amounts required to be transferred.
    (e) Acceptance and Use of Donations.--
            (1) In general.--The Secretary may accept for the 
        Government a gift of any of the following to provide assistance 
        under section 204:
                    (A) Money.
                    (B) An obligation of the Government included in the 
                public debt made only on the condition that the 
                obligation be canceled and retired and not reissued.
                    (C) Other intangible personal property made only on 
                the condition that the property is sold on the best 
                terms available and the proceeds are deposited in the 
                Fund.
            (2) Discretion to reject a gift.--The Secretary may reject 
        a gift under this section when the rejection is in the interest 
        of the Government.
            (3) Taxes.--If a gift received under this subsection is 
        subject to a gift or inheritance tax, the Secretary may pay the 
        tax out of the proceeds of the gift or the proceeds of the 
        redemption or sale of the gift.

SEC. 206. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Secretary $5,000,000 
for each of fiscal years 2024 through 2029 to carry out this title.

SEC. 207. REPORT TO CONGRESS.

    (a) In General.--Not later than January 31 of each calendar year 
after the date of the enactment of this title, the Secretary shall 
submit to Congress a report regarding the Fund and the status of 
species of plants in the Pacific Islands during the preceding calendar 
year.
    (b) Contents of Reports.--Each report submitted under subsection 
(a) shall include with respect to the calendar year for which the 
report is submitted--
            (1) the total amount deposited into and expended from the 
        Fund;
            (2) the costs associated with carrying out this title;
            (3) a summary of the projects for which the Secretary 
        provided assistance under section 204 and an evaluation of such 
        projects; and
            (4) an evaluation of the status of threatened and 
        endangered populations of plants in the Pacific Islands.

       TITLE III--FRESHWATER MUSSEL CONSERVATION FUND ACT OF 2023

SEC. 301. SHORT TITLE.

    This title may be cited as the ``Freshwater Mussel Conservation 
Fund Act of 2023''.

SEC. 302. PURPOSES.

    The purposes of this title are--
            (1) to assist in the conservation of threatened and 
        endangered freshwater mussels and the habitats of such 
        freshwater mussels in the United States; and
            (2) to support and provide financial resources for projects 
        to conserve such freshwater mussels and the habitats of such 
        freshwater mussels and to address other threats to the survival 
        of such freshwater mussels.

SEC. 303. DEFINITIONS.

    In this title:
            (1) United states freshwater mussel conservation.--The term 
        ``United States freshwater mussel conservation'' means the use 
        of all methods and procedures necessary to protect habitats of 
        freshwater mussel species in the United States and of the 
        freshwater mussel species in those habitats, including--
                    (A) protection, restoration, and management of 
                habitats;
                    (B) onsite research and monitoring of populations, 
                habitats, annual reproduction, and freshwater mussel 
                species population trends;
                    (C) assistance in the development, implementation, 
                and improvement of national and regional management 
                plans;
                    (D) enforcement and implementation of applicable 
                conservation laws; and
                    (E) community outreach and education.
            (2) Fund.--The term ``Fund'' means the Freshwater Mussel 
        Conservation Fund established by section 305.
            (3) Freshwater mussel; freshwater mussels.--The terms 
        ``freshwater mussel'' and ``freshwater mussels'' mean any 
        member of the order Unioinida.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.

SEC. 304. UNITED STATES FRESHWATER MUSSEL CONSERVATION ASSISTANCE.

    (a) Assistance.--
            (1) In general.--The Secretary shall, in consultation with 
        other Federal officials, use amounts in the Fund to provide 
        competitive financial assistance, including multiyear grants, 
        for United States freshwater mussel conservation projects.
            (2) Use of existing authorities.--Assistance provided under 
        this section shall be carried out in a manner consistent with 
        authorities available to the Secretary under the Endangered 
        Species Act of 1973 (16 U.S.C. 1531 et seq.).
    (b) Project Proposals.--
            (1) Eligible applicants.--A project proposal for United 
        States freshwater mussel conservation may be submitted to the 
        Secretary under this section by a State or Tribal agency, 
        research institution, nonprofit organization, or any other 
        individual or entity, as determined appropriate by the 
        Secretary, with the expertise required to carry out United 
        States freshwater mussel conservation.
            (2) Federal partnership opportunities.--A Federal agency 
        may not be a lead entity or receive funding for a project under 
        this section, but may be included as a partner or collaborator 
        on a project that receives such funding.
            (3) Required elements.--A project proposal submitted under 
        this section shall include--
                    (A) a statement of the purposes of the project;
                    (B) the name of the individual or entity with 
                overall responsibility for the project;
                    (C) a description of--
                            (i) the qualifications of the individual or 
                        entity that will conduct the project;
                            (ii) methods for project implementation and 
                        outcome assessment;
                            (iii) staffing and stakeholder engagement 
                        for the project, including mechanisms to ensure 
                        adequate local public participation in project 
                        development and implementation;
                            (iv) the logistics of the project, 
                        including cost estimates and timelines;
                            (v) anticipated outcomes of the project; 
                        and
                            (vi) how the project will promote 
                        sustainable, effective, long-term programs to 
                        conserve freshwater mussels in the United 
                        States;
                    (D) assurances that the project will be implemented 
                in consultation with relevant wildlife management 
                authorities, Tribes, and other appropriate government 
                officials;
                    (E) demonstrated sensitivity to local historic and 
                cultural resources and compliance with applicable laws;
                    (F) information that demonstrates the potential of 
                the project to contribute to United States freshwater 
                mussel conservation;
                    (G) information regarding the source and amount of 
                any matching funding available for the project; and
                    (H) such other information as the Secretary 
                determines appropriate.
    (c) Project Review and Approval.--
            (1) In general.--The Secretary shall--
                    (A) solicit project proposals for assistance under 
                this section;
                    (B) provide a copy of each project proposal 
                submitted in response to such solicitation to other 
                Federal officials, as appropriate; and
                    (C) review each such proposal on a timeline that 
                recognizes the urgency of the declining number of 
                freshwater mussels in the United States to determine 
                whether the proposal meets the criteria specified in 
                subsection (d).
            (2) Consultation; approval or disapproval.--The Secretary 
        shall, after consulting with other Federal officials, as 
        appropriate, with respect to each project proposal submitted 
        under this section--
                    (A) consult on the project proposal with the 
                government of each State in which the project is to be 
                conducted;
                    (B) after taking into consideration any comments 
                resulting from such consultation, approve or disapprove 
                the project proposal; and
                    (C) provide written notification of the approval or 
                disapproval to the individual or entity that submitted 
                the project proposal, such other Federal officials, and 
                each State described in subparagraph (A).
    (d) Criteria for Approval.--
            (1) In general.--The Secretary may approve a project 
        proposal under this section if the project shows promise for 
        contributing to recovering and sustaining freshwater mussel 
        populations in the wild in the United States.
            (2) Priority.--In selecting projects for approval, the 
        Secretary shall give priority to projects that conserve species 
        of freshwater mussels that are listed as a threatened or 
        endangered species under the Endangered Species Act of 1973 (16 
        U.S.C. 1531 et seq.).
            (3) Project sustainability.--To the maximum extent 
        practicable, in determining whether to approve a project 
        proposal under this section, the Secretary shall give 
        preference to projects that are designed to ensure effective 
        and long-term United States freshwater mussel conservation.
            (4) Matching funds.--In determining whether to approve a 
        project proposal under this section, the Secretary shall give 
        preference to projects for which matching funds are available.
            (5) Waiver.--The Secretary may waive the application of 
        paragraphs (2), (3), or (4) with respect to a project if the 
        Secretary--
                    (A) has identified the project as of high priority; 
                and
                    (B) finds that such waiver is necessary to support 
                the project.
    (e) Project Reporting.--
            (1) In general.--Each individual or entity that receives 
        assistance under this section for a project shall submit to the 
        Secretary periodic reports (at such intervals as the Secretary 
        determines appropriate) that include all information that the 
        Secretary, after consultation with other government officials, 
        determines is necessary to evaluate the progress and success of 
        such project for the purposes of ensuring positive results, 
        assessing problems, and fostering improvements.
            (2) Availability to the public.--The Secretary shall make 
        available to the public each report submitted under paragraph 
        (1) and any other document relating to a project for which 
        financial assistance is provided under this title.

SEC. 305. FRESHWATER MUSSEL CONSERVATION FUND.

    (a) Establishment.--There is established in the Treasury a separate 
account, to be known as the ``Freshwater Mussel Conservation Fund'', 
consisting of--
            (1) amounts transferred to the Secretary for deposit into 
        the Fund under subsection (e);
            (2) amounts appropriated to the Fund under section 306; and
            (3) any interest earned on investment of amounts in the 
        Fund under subsection (c).
    (b) Expenditures From Fund.--
            (1) In general.--Subject to paragraph (2), at the request 
        of the Secretary, the Secretary of the Treasury shall transfer 
        from the Fund to the Secretary, without further appropriation, 
        such amounts as the Secretary determines are necessary to carry 
        out section 304.
            (2) Administrative expenses.--Of the amounts in the Fund 
        available for each fiscal year, the Secretary may expend the 
        greater of 3 percent of such amounts or $80,000 to pay the 
        administrative expenses necessary to carry out this title.
    (c) Investment of Amounts.--
            (1) In general.--The Secretary of the Treasury shall invest 
        such portion of the Fund as is not, in the judgment of the 
        Secretary of the Treasury, required to meet current 
        withdrawals. Such investments may be made only in interest-
        bearing obligations of the United States.
            (2) Acquisition of obligations.--For the purpose of 
        investments under paragraph (1), obligations may be acquired--
                    (A) on original issue at the issue price; or
                    (B) by purchase of outstanding obligations at 
                market price.
            (3) Sale of obligations.--Any obligation acquired by the 
        Fund may be sold by the Secretary of the Treasury at market 
        price.
            (4) Credits to fund.--The interest on, and the proceeds 
        from the sale or redemption of, any obligations held in the 
        Fund shall be credited to and form a part of the Fund.
    (d) Transfers of Amounts.--
            (1) In general.--The Secretary of the Treasury shall 
        transfer at least monthly the amounts required to be 
        transferred to the Fund under this section from the general 
        fund of the Treasury to the Fund on the basis of estimates made 
        by the Secretary of the Treasury.
            (2) Adjustments.--The Secretary of the Treasury shall make 
        proper adjustment in amounts subsequently transferred to the 
        extent prior estimates were in excess of or less than the 
        amounts required to be transferred.
    (e) Acceptance and Use of Donations.--
            (1) In general.--The Secretary may accept for the 
        Government a gift of any of the following to provide assistance 
        under section 304:
                    (A) Money.
                    (B) An obligation of the Government included in the 
                public debt made only on the condition that the 
                obligation be canceled and retired and not reissued.
                    (C) Other intangible personal property made only on 
                the condition that the property is sold on the best 
                terms available and the proceeds are deposited in the 
                Fund.
            (2) Discretion to reject a gift.--The Secretary may reject 
        a gift under this section when the rejection is in the interest 
        of the Government.
            (3) Taxes.--If a gift received under this subsection is 
        subject to a gift or inheritance tax, the Secretary may pay the 
        tax out of the proceeds of the gift or the proceeds of the 
        redemption or sale of the gift.

SEC. 306. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Secretary $5,000,000 
for each of fiscal years 2024 through 2029 to carry out this title.

SEC. 307. REPORT TO CONGRESS.

    (a) In General.--Not later than January 31 of each calendar year 
after the date of the enactment of this title, the Secretary shall 
submit to Congress a report regarding the Fund and the status of 
freshwater mussels in the United States during the preceding calendar 
year.
    (b) Contents of Reports.--Each such report shall include with 
respect to the calendar year for which the report is submitted--
            (1) the total amount deposited into and expended from the 
        Fund;
            (2) the costs associated with carrying out this title;
            (3) a summary of the projects for which the Secretary has 
        provided assistance under section 304 and an evaluation of 
        those projects; and
            (4) an evaluation of the status of threatened and 
        endangered populations of freshwater mussel in the United 
        States.

     TITLE IV--SOUTHWEST DESERT FISH CONSERVATION FUND ACT OF 2023

SEC. 401. SHORT TITLE.

    This title may be cited as the ``Southwest Desert Fish Conservation 
Fund Act of 2023''.

SEC. 402. PURPOSES.

    The purposes of this title are--
            (1) to assist in the conservation of threatened and 
        endangered desert fish and the habitats of such desert fish in 
        the Southwest; and
            (2) to support and provide financial resources for projects 
        to conserve such desert fish and the habitats of such desert 
        fish and to address other threats to the survival of such 
        desert fish species.

SEC. 403. DEFINITIONS.

    In this title:
            (1) Southwest desert fish conservation.--The term 
        ``Southwest desert fish conservation'' means the use of all 
        methods and procedures necessary to protect habitats of desert 
        fish species in the Southwest and of the desert fish species in 
        those habitats, including--
                    (A) protection, restoration, and management of 
                habitats;
                    (B) onsite research and monitoring of populations, 
                habitats, annual reproduction, and desert fish species 
                population trends;
                    (C) assistance in the development, implementation, 
                and improvement of national and regional management 
                plans;
                    (D) enforcement and implementation of applicable 
                conservation laws; and
                    (E) community outreach and education.
            (2) Fund.--The term ``Fund'' means the Southwest Desert 
        Fish Conservation Fund established by section 405.
            (3) Desert fish.--The term ``desert fish'' means any member 
        of the class Osteichthyes living in a desert ecosystem.
            (4) Southwest.--The term ``Southwest'' means the States of 
        Arizona, California, Colorado, Nevada, New Mexico, Oregon, and 
        Utah.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.

SEC. 404. SOUTHWEST DESERT FISH CONSERVATION ASSISTANCE.

    (a) Assistance.--
            (1) In general.--The Secretary shall, in consultation with 
        other Federal officials, use amounts in the Fund to provide 
        competitive financial assistance, including multiyear grants, 
        for Southwest desert fish conservation projects.
            (2) Use of existing authorities.--Assistance provided under 
        this section shall be carried out in a manner consistent with 
        authorities available to the Secretary under the Endangered 
        Species Act of 1973 (16 U.S.C. 1531 et seq.).
    (b) Project Proposals.--
            (1) Eligible applicants.--A project proposal for Southwest 
        desert fish conservation may be submitted to the Secretary 
        under this section by a State or Tribal agency, research 
        institution, nonprofit organization, or any other individual or 
        entity, as determined appropriate by the Secretary, with the 
        expertise required to carry out Southwest desert fish 
        conservation.
            (2) Federal partnership opportunities.--A Federal agency 
        may not be a lead entity or receive funding for a project under 
        this section, but may be included as a partner or collaborator 
        on a project that receives such funding.
            (3) Required elements.--A project proposal submitted under 
        this section shall include--
                    (A) a statement of the purposes of the project;
                    (B) the name of the individual or entity with 
                overall responsibility for the project;
                    (C) a description of--
                            (i) the qualifications of the individual or 
                        entity that will conduct the project;
                            (ii) methods for project implementation and 
                        outcome assessment;
                            (iii) staffing and stakeholder engagement 
                        for the project, including mechanisms to ensure 
                        adequate local public participation in project 
                        development and implementation;
                            (iv) the logistics of the project, 
                        including cost estimates and timelines;
                            (v) anticipated outcomes of the project; 
                        and
                            (vi) how the project will promote 
                        sustainable, effective, long-term programs to 
                        conserve desert fish in the Southwest;
                    (D) assurances that the project will be implemented 
                in consultation with relevant wildlife management 
                authorities, Tribes, and other appropriate government 
                officials;
                    (E) demonstrated sensitivity to local historic and 
                cultural resources and compliance with applicable laws;
                    (F) information that demonstrates the potential of 
                the project to contribute to Southwest desert fish 
                conservation;
                    (G) information regarding the source and amount of 
                any matching funding available for the project; and
                    (H) such other information as the Secretary 
                determines appropriate.
    (c) Project Review and Approval.--
            (1) In general.--The Secretary shall--
                    (A) solicit project proposals for assistance under 
                this section;
                    (B) provide a copy of each project proposal 
                submitted in response to such solicitation to other 
                Federal officials, as appropriate; and
                    (C) review each such proposal on a timeline that 
                recognizes the urgency of the declining number of 
                desert fish in the Southwest to determine whether the 
                proposal meets the criteria specified in subsection 
                (d).
            (2) Consultation; approval or disapproval.--The Secretary 
        shall, after consulting with other Federal officials, as 
        appropriate, with respect to each project proposal submitted 
        under this section--
                    (A) consult with respect to the proposal with the 
                government of each State in which the project is to be 
                conducted;
                    (B) after taking into consideration any comments 
                resulting from such consultation, approve or disapprove 
                the project proposal; and
                    (C) provide written notification of the approval or 
                disapproval to the individual or entity that submitted 
                the proposal, such other Federal officials, and each 
                State described in subparagraph (A).
    (d) Criteria for Approval.--
            (1) In general.--The Secretary may approve a project 
        proposal under this section if the project shows promise for 
        contributing to recovering and sustaining desert fish 
        populations in the wild in the Southwest.
            (2) Priority.--In selecting projects for approval, the 
        Secretary shall give priority to projects that conserve 
        threatened and endangered species of desert fish listed under 
        the Endangered Species Act of 1973 (16 U.S.C. 1531 et. seq.).
            (3) Project sustainability.--To the maximum extent 
        practicable, in determining whether to approve a project 
        proposal under this section, the Secretary shall give 
        preference to projects that are designed to ensure effective 
        and long-term Southwest desert fish conservation.
            (4) Matching funds.--In determining whether to approve a 
        project proposal under this section, the Secretary shall give 
        preference to projects for which matching funds are available.
            (5) Waiver.--The Secretary may waive the application of 
        paragraph (2), (3), or (4) with respect to a project if the 
        Secretary--
                    (A) has identified the project as of high priority; 
                and
                    (B) finds that such waiver is necessary to support 
                the project.
    (e) Project Reporting.--
            (1) In general.--Each individual or entity that receives 
        assistance under this section for a project shall submit to the 
        Secretary periodic reports (at such intervals as the Secretary 
        determines appropriate) that include all information that the 
        Secretary, after consultation with other government officials, 
        determines is necessary to evaluate the progress and success of 
        such project for the purposes of ensuring positive results, 
        assessing problems, and fostering improvements.
            (2) Availability to the public.--The Secretary shall make 
        available to the public each report submitted under paragraph 
        (1) and any other document relating to a project for which 
        financial assistance is provided under this title.

SEC. 405. SOUTHWEST DESERT FISH CONSERVATION FUND.

    (a) Establishment.--There is established in the Treasury a separate 
account, to be known as the ``Southwest Desert Fish Conservation 
Fund'', consisting of--
            (1) amounts transferred to the Secretary for deposit into 
        the Fund under subsection (e);
            (2) amounts appropriated to the Fund under section 406; and
            (3) any interest earned on investment of amounts in the 
        Fund under subsection (c).
    (b) Expenditures From Fund.--
            (1) In general.--Subject to paragraph (2), at the request 
        of the Secretary, the Secretary of the Treasury shall transfer 
        from the Fund to the Secretary, without further appropriation, 
        such amounts as the Secretary determines are necessary to carry 
        out section 404.
            (2) Administrative expenses.--Of the amounts in the Fund 
        available for each fiscal year, the Secretary may expend the 
        greater of 3 percent of such amounts or $80,000 to pay the 
        administrative expenses necessary to carry out this title.
    (c) Investment of Amounts.--
            (1) In general.--The Secretary of the Treasury shall invest 
        such portion of the Fund as is not, in the judgment of the 
        Secretary of the Treasury, required to meet current 
        withdrawals. Such investments may be made only in interest-
        bearing obligations of the United States.
            (2) Acquisition of obligations.--For the purpose of 
        investments under paragraph (1), obligations may be acquired--
                    (A) on original issue at the issue price; or
                    (B) by purchase of outstanding obligations at 
                market price.
            (3) Sale of obligations.--Any obligation acquired by the 
        Fund may be sold by the Secretary of the Treasury at market 
        price.
            (4) Credits to fund.--The interest on, and the proceeds 
        from the sale or redemption of, any obligations held in the 
        Fund shall be credited to and form a part of the Fund.
    (d) Transfers of Amounts.--
            (1) In general.--The Secretary of the Treasury shall 
        transfer at least monthly the amounts required to be 
        transferred to the Fund under this section from the general 
        fund of the Treasury to the Fund on the basis of estimates made 
        by the Secretary of the Treasury.
            (2) Adjustments.--The Secretary of the Treasury shall make 
        proper adjustment in amounts subsequently transferred to the 
        extent prior estimates were in excess of or less than the 
        amounts required to be transferred.
    (e) Acceptance and Use of Donations.--
            (1) In general.--The Secretary may accept for the 
        Government a gift of any of the following to provide assistance 
        under section 404:
                    (A) Money.
                    (B) An obligation of the Government included in the 
                public debt made only on the condition that the 
                obligation be canceled and retired and not reissued.
                    (C) Other intangible personal property made only on 
                the condition that the property is sold on the best 
                terms available and the proceeds are deposited in the 
                Fund.
            (2) Discretion to reject a gift.--The Secretary may reject 
        a gift under this section when the rejection is in the interest 
        of the Government.
            (3) Taxes.--If a gift received under this subsection is 
        subject to a gift or inheritance tax, the Secretary may pay the 
        tax out of the proceeds of the gift or the proceeds of the 
        redemption or sale of the gift.

SEC. 406. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Secretary $5,000,000 
for each of fiscal years 2024 through 2029 to carry out this title.

SEC. 407. REPORT TO CONGRESS.

    (a) In General.--Not later than January 31 of each calendar year 
after the date of the enactment of this title, the Secretary shall 
submit to Congress a report regarding the Fund and the status of desert 
fish in the Southwest during the preceding calendar year.
    (b) Contents of Reports.--Each such report shall include with 
respect to the calendar year for which the report is submitted--
            (1) the total amount deposited into and expended from the 
        Fund;
            (2) the costs associated with carrying out this title;
            (3) a summary of the projects for which the Secretary has 
        provided assistance under section 404 and an evaluation of 
        those projects; and
            (4) an evaluation of the status of threatened and 
        endangered populations of desert fish in the Southwest.
                                 <all>