[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.
______