[Congressional Record Volume 168, Number 158 (Thursday, September 29, 2022)]
[Senate]
[Pages S5749-S5753]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 6227. Mr. HEINRICH (for himself and Mr. Blunt) submitted an 
amendment intended to be proposed to amendment SA 5499 submitted by Mr. 
Reed (for himself and Mr. Inhofe) and intended to be proposed to the 
bill H.R. 7900, to authorize appropriations for fiscal year 2023 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

        At the end, add the following:

         DIVISION E--RECOVERING AMERICA'S WILDLIFE ACT OF 2022

     SEC. 5001. SHORT TITLE.

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

     SEC. 5002. STATEMENT OF PURPOSE.

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

            TITLE LI--WILDLIFE CONSERVATION AND RESTORATION

     SEC. 5101. WILDLIFE CONSERVATION AND RESTORATION SUBACCOUNT.

       (a) In General.--Section 3 of the Pittman-Robertson 
     Wildlife Restoration Act (16 U.S.C. 669b) is amended in 
     subsection (c)--
       (1) by redesignating paragraphs (2) and (3) as paragraphs 
     (9) and (10); and
       (2) by striking paragraph (1) and inserting the following:
       ``(1) Establishment of subaccount.--
       ``(A) In general.--There is established in the fund a 
     subaccount to be known as the `Wildlife Conservation and 
     Restoration Subaccount' (referred to in this section as the 
     `Subaccount').
       ``(B) Availability.--Amounts in the Subaccount shall be 
     available without further appropriation, for each fiscal 
     year, for apportionment in accordance with this Act.
       ``(C) Deposits into subaccount.--
       ``(i) In general.--The Secretary of the Treasury shall 
     transfer from the general fund of the Treasury to the 
     Subaccount--

[[Page S5750]]

       ``(I) for fiscal year 2022, $850,000,000;
       ``(II) for fiscal year 2023, $1,100,000,000;
       ``(III) for fiscal year 2024, $1,200,000,000; and
       ``(IV) for fiscal year 2025, and for each fiscal year 
     thereafter, $1,300,000,000.

       ``(ii) Funding source.--

       ``(I) Definition.--In this clause, the term `remaining 
     natural resource or environmental-related violation revenue' 
     means the amount of all civil or criminal penalties, fines, 
     sanctions, forfeitures, or other revenues resulting from 
     natural resource or environmental-related violations or 
     enforcement actions by any Federal agency that are not 
     directed to be deposited in a fund other than the general 
     fund of the Treasury or have otherwise been appropriated.
       ``(II) Use of revenue.--Beginning in fiscal year 2022, and 
     for each fiscal year thereafter, the total amount of the 
     remaining natural resource or environmental-related violation 
     revenue with respect to the previous fiscal year--

       ``(aa) shall be deposited in the general fund of the 
     Treasury; and
       ``(bb) shall be available for the purposes of the transfer 
     under clause (i).
       ``(2) Supplement not supplant.--Amounts transferred to the 
     Subaccount shall supplement, but not replace, existing funds 
     available to the States from--
       ``(A) the funds distributed pursuant to the Dingell-Johnson 
     Sport Fish Restoration Act (16 U.S.C. 777 et seq.); and
       ``(B) the fund.
       ``(3) Innovation grants.--
       ``(A) In general.--The Secretary shall distribute 10 
     percent of funds apportioned from the Subaccount through a 
     competitive grant program to State fish and wildlife 
     departments, the District of Columbia fish and wildlife 
     department, fish and wildlife departments of territories, or 
     to regional associations of fish and wildlife departments (or 
     any group composed of more than 1 such entity).
       ``(B) Purpose.--Such grants shall be provided for the 
     purpose of catalyzing innovation of techniques, tools, 
     strategies, or collaborative partnerships that accelerate, 
     expand, or replicate effective and measurable recovery 
     efforts for species of greatest conservation need and species 
     listed under the Endangered Species Act of 1973 (16 U.S.C. 
     1531 et seq.) and the habitats of such species.
       ``(C) Review committee.--The Secretary shall appoint a 
     review committee comprised of--
       ``(i) a State Director from each regional association of 
     State fish and wildlife departments;
       ``(ii) the head of a department responsible for fish and 
     wildlife management in a territory;
       ``(iii) one delegate from the United States Fish and 
     Wildlife Service, for the purpose of providing technical 
     assistance; and
       ``(iv) beginning in fiscal year 2022, four individuals 
     representing four different nonprofit organizations each of 
     which is actively participating in carrying out wildlife 
     conservation restoration activities using funds apportioned 
     from the Subaccount.
       ``(D) Support from united states fish and wildlife 
     service.--Using not more than 3 percent of the amounts 
     apportioned under subparagraph (A) to carry out a competitive 
     grant program, the United States Fish and Wildlife Service 
     shall provide any personnel or administrative support 
     services necessary for such Committee to carry out its 
     responsibilities under this Act.
       ``(E) Evaluation.--Such committee shall evaluate each 
     proposal submitted under this paragraph and recommend 
     projects for funding, giving preference to solutions that 
     accelerate the recovery of species identified as priorities 
     through regional scientific assessments of species of 
     greatest conservation need.
       ``(4) Use of funds.--Funds apportioned from the Subaccount 
     shall be used for purposes consistent with section 5002 of 
     the Recovering America's Wildlife Act of 2022 and--
       ``(A) shall be used to implement the Wildlife Conservation 
     Strategy of a State, territory, or the District of Columbia, 
     as required under section 4(e), by carrying out, revising, or 
     enhancing existing wildlife and habitat conservation and 
     restoration programs and developing and implementing new 
     wildlife conservation and restoration programs to recover and 
     manage species of greatest conservation need and the key 
     habitats and plant community types essential to the 
     conservation of those species, as determined by the 
     appropriate State fish and wildlife department;
       ``(B) shall be used to develop, revise, and enhance the 
     Wildlife Conservation Strategy of a State, territory, or the 
     District of Columbia, as may be required by this Act;
       ``(C) shall be used to assist in the recovery of species 
     found in the State, territory, or the District of Columbia 
     that are listed as endangered species, threatened species, 
     candidate species or species proposed for listing, or species 
     petitioned for listing under the Endangered Species Act of 
     1973 (16 U.S.C. 1531 et seq.) or under State law;
       ``(D) may be used for wildlife conservation education and 
     wildlife-associated recreation projects, especially in 
     historically underserved communities;
       ``(E) may be used to manage a species of greatest 
     conservation need whose range is shared with another State, 
     territory, Indian Tribe, or foreign government and for the 
     conservation of the habitat of such species;
       ``(F) may be used to manage, control, and prevent invasive 
     species, disease, and other risks to species of greatest 
     conservation need; and
       ``(G) may be used for law enforcement activities that are 
     directly related to the protection and conservation of a 
     species of greatest conservation need and the habitat of such 
     species.
       ``(5) Minimum required spending for endangered species 
     recovery.--Not less than an average of 15 percent over a 5-
     year period of amounts apportioned to a State, territory, or 
     the District of Columbia from the Subaccount shall be used 
     for purposes described in paragraph (4)(C). The Secretary may 
     reduce the minimum requirement of a State, territory, or the 
     District of Columbia on an annual basis if the Secretary 
     determines that the State, territory, or the District of 
     Columbia is meeting the conservation and recovery needs of 
     all species described in paragraph (4)(C).
       ``(6) Public access to private lands not required.--Funds 
     apportioned from the Subaccount shall not be conditioned upon 
     the provision of public access to private lands, waters, or 
     holdings.
       ``(7) Requirements for matching funds.--
       ``(A) For the purposes of the non-Federal fund matching 
     requirement for a wildlife conservation or restoration 
     program or project funded by the Subaccount, a State, 
     territory, or the District of Columbia may use as matching 
     non-Federal funds--
       ``(i) funds from Federal agencies other than the Department 
     of the Interior and the Department of Agriculture;
       ``(ii) donated private lands and waters, including 
     privately owned easements;
       ``(iii) in circumstances described in subparagraph (B), 
     revenue generated through the sale of State hunting and 
     fishing licenses; and
       ``(iv) other sources consistent with part 80 of title 50, 
     Code of Federal Regulations, in effect on the date of 
     enactment of the Recovering America's Wildlife Act of 2022.
       ``(B) Revenue described in subparagraph (A)(iii) may only 
     be used to fulfill the requirements of such non-Federal fund 
     matching requirement if--
       ``(i) no Federal funds apportioned to the State fish and 
     wildlife department of such State from the Wildlife 
     Restoration Program or the Sport Fish Restoration Program 
     have been reverted because of a failure to fulfill such non-
     Federal fund matching requirement by such State during the 
     previous 2 years; and
       ``(ii) the project or program being funded benefits the 
     habitat of a hunted or fished species and a species of 
     greatest conservation need.
       ``(8) Definitions.--In this subsection, the following 
     definitions apply:
       ``(A) Partnerships.--The term `partnerships' may include 
     collaborative efforts with Federal agencies, State agencies, 
     local agencies, Indian Tribes, nonprofit organizations, 
     academic institutions, industry groups, and private 
     individuals to implement a State's Wildlife Conservation 
     Strategy.
       ``(B) Species of greatest conservation need.--The term 
     `species of greatest conservation need' may be fauna or 
     flora, and may include terrestrial, aquatic, marine, and 
     invertebrate species that are of low population, declining, 
     rare, or facing threats and in need of conservation 
     attention, as determined by each State fish and wildlife 
     department, with respect to funds apportioned to such State.
       ``(C) Territory and territories.--The terms `territory' and 
     `territories' mean the Commonwealth of Puerto Rico, Guam, 
     American Samoa, the Commonwealth of the Northern Mariana 
     Islands, and the United States Virgin Islands.
       ``(D) Wildlife.--The term `wildlife' means any species of 
     wild, freeranging fauna, including fish, and also fauna in 
     captive breeding programs the object of which is to 
     reintroduce individuals of a depleted indigenous species into 
     previously occupied range.''.
       (b) Allocation and Apportionment of Available Amounts.--
     Section 4 of the Pittman-Robertson Wildlife Restoration Act 
     (16 U.S.C. 669c) is amended--
       (1) in subsection (d)--
       (A) in paragraph (1)--
       (i) in subparagraph (A), by striking ``to the District of 
     Columbia and to the Commonwealth of Puerto Rico, each'' and 
     inserting ``To the District of Columbia'';
       (ii) in subparagraph (B)--

       (I) by striking ``to Guam'' and inserting ``To Guam''; and
       (II) by striking ``not more than one-fourth of one 
     percent'' and inserting ``not less than one-third of one 
     percent''; and

       (iii) by adding at the end the following:
       ``(C) To the Commonwealth of Puerto Rico, a sum equal to 
     not less than 1 percent thereof.'';
       (B) in paragraph (2)(A)--
       (i) by amending clause (i) to read as follows:
       ``(i) one-half of which is based on the ratio to which the 
     land and water area of such State bears to the total land and 
     water area of all such States;'';
       (ii) in clause (ii)--

       (I) by striking ``two-thirds'' and inserting ``one-
     quarter''; and
       (II) by striking the period and inserting ``; and''; and

       (iii) by adding at the end the following:
       ``(iii) one-quarter of which is based upon the ratio to 
     which the number of species listed as endangered or 
     threatened under the Endangered Species Act of 1973 (16 
     U.S.C. 1531 et seq.) in such State bears to the total

[[Page S5751]]

     number of such species listed in all such States.'';
       (C) by amending paragraph (2)(B) to read as follows:
       ``(B) The amounts apportioned under this paragraph shall be 
     adjusted equitably so that no such State, unless otherwise 
     designated, shall be apportioned a sum which is less than 1 
     percent or more than 5 percent of the amount available for 
     apportionment under--
       ``(i) subparagraph (A)(i);
       ``(ii) subparagraph (A)(ii); and
       ``(iii) the overall amount available for subparagraph 
     (A).''; and
       (D) in paragraph (3), by striking ``3 percent'' and 
     inserting ``1.85 percent'';
       (2) in subsection (e)(4)--
       (A) by amending subparagraph (B) to read as follows:
       ``(B) Not more than an average of 15 percent over a 5-year 
     period of amounts apportioned to each State, territory, or 
     the District of Columbia under this section for a wildlife 
     conservation and restoration program may be used for wildlife 
     conservation education and wildlife-associated recreation.''; 
     and
       (B) by inserting after subparagraph (B), as so amended, the 
     following:
       ``(C) 5 percent of amounts apportioned to each State, each 
     territory, or the District of Columbia under this section for 
     a wildlife conservation and restoration program shall be 
     reserved for States and territories that include plants among 
     their species of greatest conservation need and in the 
     conservation planning and habitat prioritization efforts of 
     their Wildlife Conservation Strategy. Each eligible State, 
     territory, or the District of Columbia shall receive an 
     additional 5 percent of their apportioned amount. Any 
     unallocated resources shall be allocated proportionally among 
     all States and territories under the formulas of this 
     section.''; and
       (3) by adding at the end following:
       ``(f) Minimization of Planning and Reporting.--Nothing in 
     this Act shall be interpreted to require a State to create a 
     comprehensive strategy related to conservation education or 
     outdoor recreation.
       ``(g) Accountability.--
       ``(1) In general.--Not more than one year after the date of 
     enactment of the Recovering America's Wildlife Act of 2022 
     and every 3 years thereafter, each State fish and wildlife 
     department shall submit a 3-year work plan and budget for 
     implementing its Wildlife Conservation Strategy and a report 
     describing the results derived from activities accomplished 
     under subsection (e) during the previous 3 years to the 
     United States Fish and Wildlife Service for review, which 
     shall summarize such findings and submit a report to--
       ``(A) the Committee on Environment and Public Works of the 
     Senate; and
       ``(B) the Committee on Natural Resources of the House of 
     Representatives.
       ``(2) Requirements.--The format of the 3-year work plans, 
     budgets, and reports required under paragraph (1) shall be 
     established by the United States Fish and Wildlife Service, 
     in consultation with the Association of Fish and Wildlife 
     Agencies.
       ``(3) GAO study.--Not later than 7 years after the date of 
     enactment of the Recovering America's Wildlife Act of 2022, 
     the Comptroller General of the United States shall conduct a 
     study to examine the progress of States, territories, the 
     District of Columbia, and Indian Tribes towards achieving the 
     purpose described in section 5002 of that Act.''.

     SEC. 5102. TECHNICAL AMENDMENTS.

       (a) Definitions.--Section 2 of the Pittman-Robertson 
     Wildlife Restoration Act (16 U.S.C. 669a) is amended--
       (1) in paragraph (7), by striking ``including fish,''; and
       (2) in paragraph (9), by inserting ``Indian Tribes, 
     academic institutions,'' before ``wildlife conservation 
     organizations''.
       (b) Conforming Amendments.--The Pittman-Robertson Wildlife 
     Restoration Act (16 U.S.C. 669a et seq.) is amended--
       (1) in section 3--
       (A) in subsection (a)--
       (i) by striking ``(1) An amount equal to'' and inserting 
     ``An amount equal to''; and
       (ii) by striking paragraph (2);
       (B) in subsection (c)--
       (i) in paragraph (9), as redesignated by section 
     5101(a)(1), by striking ``or an Indian tribe''; and
       (ii) in paragraph (10), as redesignated by section 
     5101(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. 5103. 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 LII--TRIBAL WILDLIFE CONSERVATION AND RESTORATION

     SEC. 5201. INDIAN TRIBES.

       (a) Definitions.--In this section:
       (1) Account.--The term ``Account'' means the Tribal 
     Wildlife Conservation and Restoration Account established by 
     subsection (b)(1).
       (2) Indian tribe.--The term ``Indian Tribe'' has the 
     meaning given such term in section 4 of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 5304).
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (4) Tribal species of greatest conservation need.--The term 
     ``Tribal species of greatest conservation need'' means any 
     species identified by an Indian Tribe as requiring 
     conservation management because of declining population, 
     habitat loss, or other threats, or because of their 
     biological or cultural importance to such Tribe.
       (5) Wildlife.--The term ``wildlife'' means--
       (A) any species of wild flora or fauna including fish and 
     marine mammals;
       (B) flora or fauna in a captive breeding, rehabilitation, 
     and holding or quarantine program, the object of which is to 
     reintroduce individuals of a depleted indigenous species into 
     previously occupied range or to maintain a species for 
     conservation purposes; and
       (C) does not include game farm animals.
       (b) Tribal Wildlife Conservation and Restoration Account.--
       (1) In general.--There is established in the Treasury an 
     account to be known as the ``Tribal Wildlife Conservation and 
     Restoration Account''.
       (2) Availability.--Amounts in the Account shall be 
     available for each fiscal year without further appropriation 
     for apportionment in accordance with this title.
       (3) Deposits into account.--
       (A) In general.--Beginning in fiscal year 2022, and for 
     each fiscal year thereafter, the Secretary of the Treasury 
     shall transfer $97,500,000 from the general fund of the 
     Treasury to the Account.
       (B) Funding source.--
       (i) Definition.--In this subparagraph, the term ``remaining 
     natural resource or environmental-related violation revenue'' 
     means the amount of all civil or criminal penalties, fines, 
     sanctions, forfeitures, or other revenues resulting from 
     natural resource or environmental-related violations or 
     enforcement actions by any Federal agency that are not 
     directed to be deposited in a fund other than the general 
     fund of the Treasury or have otherwise been appropriated.
       (ii) Use of revenue.--Beginning in fiscal year 2022, and 
     for each fiscal year thereafter, the total amount of the 
     remaining natural resource or environmental-related violation 
     revenue with respect to the previous fiscal year--

       (I) shall be deposited in the general fund of the Treasury; 
     and
       (II) shall be available for the purposes of the transfer 
     under subparagraph (A).

       (c) Distribution of Funds to Indian Tribes.--Each fiscal 
     year, the Secretary of the Treasury shall deposit funds into 
     the Account and distribute such funds through a 
     noncompetitive application process according to guidelines 
     and criteria, and reporting requirements determined by the 
     Secretary of the Interior, acting through the Director of the 
     Bureau of Indian Affairs, in consultation with Indian Tribes. 
     Such funds shall remain available until expended.
       (d) Wildlife Management Responsibilities.--The distribution 
     guidelines and criteria described in subsection (c) shall be 
     based, in part, upon an Indian Tribe's wildlife management 
     responsibilities. Any funding allocated to an Indian Tribe in 
     Alaska may only be used in a manner consistent with the 
     Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.), 
     the Alaska National Interest Lands Conservation Act (16 
     U.S.C. 3101 et seq.), and Public Law 85-508 (commonly known 
     as the ``Alaska Statehood Act'') (48 U.S.C. note prec. 21). 
     Alaska Native Corporations or Tribes may enter into 
     cooperative agreements with the State of Alaska on 
     conservation projects of mutual concern.
       (e) Use of Funds.--
       (1) In general.--Except as provided in paragraph (2), the 
     Secretary may distribute funds from the Account to an Indian 
     Tribe for any of the following purposes:
       (A) To develop, carry out, revise, or enhance wildlife 
     conservation and restoration programs to manage Tribal 
     species of greatest conservation need and the habitats of 
     such species, as determined by the Indian Tribe.
       (B) To assist in the recovery of species listed as an 
     endangered or threatened species under the Endangered Species 
     Act of 1973 (16 U.S.C. 1531 et seq.).
       (C) For wildlife conservation education and wildlife-
     associated recreation projects.

[[Page S5752]]

       (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 title.
       (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 title 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 title 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 LIII--ENDANGERED SPECIES RECOVERY AND HABITAT CONSERVATION LEGACY 
                                  FUND

     SEC. 5301. ENDANGERED SPECIES RECOVERY AND HABITAT 
                   CONSERVATION LEGACY FUND.

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

[[Page S5753]]

     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.
                                 ______