[House Report 116-144]
[From the U.S. Government Publishing Office]


116th Congress    }                                   {        Report
                        HOUSE OF REPRESENTATIVES
 1st Session      }                                   {       116-144

======================================================================

 
    AMENDING THE PITTMAN-ROBERTSON WILDLIFE RESTORATION ACT AND THE 
   DINGELL-JOHNSON SPORT FISH RESTORATION ACT, TO PROVIDE PARITY FOR 
    UNITED STATES TERRITORIES AND THE DISTRICT OF COLUMBIA, TO MAKE 
  TECHNICAL CORRECTIONS TO SUCH ACTS AND RELATED LAWS, AND FOR OTHER 
                                PURPOSES

                                _______
                                

 July 10, 2019.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

 Mr. Grijalva, from the Committee on Natural Resources, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 1809]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 1809) to amend the Pittman-Robertson Wildlife 
Restoration Act and the Dingell-Johnson Sport Fish Restoration 
Act, to provide parity for United States territories and the 
District of Columbia, to make technical corrections to such 
Acts and related laws, and for other purposes, having 
considered the same, report favorably thereon without amendment 
and recommend that the bill do pass.

                          Purpose of the Bill

    The purpose of H.R. 1809 is to amend the Pittman-Robertson 
Wildlife Restoration Act and the Dingell-Johnson Sport Fish 
Restoration Act, to provide parity for United States 
territories and the District of Columbia, and to make technical 
corrections to such Acts and related laws.

                  Background and Need for Legislation

    This bill would amend the Pittman-Robertson Wildlife 
Restoration Act and the Dingell-Johnson Federal Aid in Sport 
Fish Restoration Act to allow the District of Columbia and five 
U.S. Territories--American Samoa, Guam, the Northern Marianas 
Islands, Puerto Rico, and the U.S. Virgin Islands--to receive 
state-equal funding consideration under both laws. Pittman-
Robertson provides federal funding, derived from excise taxes 
on sporting equipment, for wildlife restoration and hunter 
education. Dingell-Johnson provides funds for sport fish 
restoration, aquatic education, wetlands restoration, and boat-
related activities.
    Under current law, each state is guaranteed at least a 1% 
share of the yearly Pittman-Robertson apportionment. However, 
the Pittman-Robertson Act caps Puerto Rico's share at 0.25% and 
the four other U.S. territories' shares at just 0.167%.\1\ H.R. 
1809 would specifically remove the existing caps on funds for 
basic hunter education programs and would mandate that each 
territory and state receive not less than 1% in any given year.
---------------------------------------------------------------------------
    \1\16 U.S.C. Sec. 669g-1 (regarding the payment of funds to and 
cooperation with Puerto Rico, Guam, American Samoa, the Commonwealth of 
the Northern Mariana Islands, and the U.S. Virgin Islands).
---------------------------------------------------------------------------
    The bill also removes additional percentage restrictions on 
apportionments for wildlife and sport fish restoration 
projects. The absence of the caps will allow the Secretary of 
the Interior to exercise discretion in apportioning Pittman-
Robertson and Dingell-Johnson funds to the five U.S. 
territories and the District of Columbia, in proportion to 
their populations, as is done currently for each of the 50 
states.

                            Committee Action

    H.R. 1809 was introduced on March 18, 2019, by 
Representative Gregorio Kilili Camacho Sablan (I-MP). The bill 
was referred solely to the Committee on Natural Resources, and 
within the Committee to the Subcommittee on Water, Oceans, and 
Wildlife. On March 26, 2019, the Subcommittee held a hearing to 
consider the bill. On May 1, 2019, the Natural Resources 
Committee met to consider the bill. The Subcommittee was 
discharged by unanimous consent. No amendments were offered, 
and the bill was ordered favorably reported to the House of 
Representatives by unanimous consent.

                                Hearings

    For the purposes of section 103(i) of H. Res. 6 of the 
116th Congress--the following hearing was used to develop or 
consider H.R. 1809: Subcommittee on Water, Oceans, and Wildlife 
legislative hearing on H.R. 1326, H.R. 877, H.R. 1809, H.R. 
737, H.R. 1305, H.R. 1380, and H.R. 1568, held on March 26, 
2019.

            Committee Oversight Findings and Recommendations

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Natural Resources' oversight findings and 
recommendations are reflected in the body of this report.

      Compliance With House Rule XIII and Congressional Budget Act

    1. Cost of Legislation and the Congressional Budget Act. 
With respect to the requirements of clause 3(c)(2) and (3) of 
rule XIII of the Rules of the House of Representatives and 
sections 308(a) and 402 of the Congressional Budget Act of 
1974, the Committee has received the following estimate for the 
bill from the Director of the Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                      Washington, DC, May 13, 2019.
Hon. Raul M. Grijalva,
Chairman, Committee on Natural Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 1809, a bill to 
amend the Pittman-Robertson Wildlife Restoration Act and the 
Dingell-Johnson Sport Fish Restoration Act, to provide parity 
for United States territories and the District of Columbia, to 
make technical corrections to such Acts and related laws, and 
for other purposes.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is David Hughes.
            Sincerely,
                                                Keith Hall,
                                                          Director.
    Enclosure.

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
    

    H.R. 1809 would change the amounts apportioned to U.S. 
territories and the District of Columbia under the Pittman-
Robertson Wildlife Restoration Act and the Dingell-Johnson 
Sport Fish Restoration Act. Those two laws authorize the U.S. 
Fish and Wildlife Service to administer grant programs for 
wildlife restoration, conservation, hunter education and 
safety, and sport fish restoration. The grants are funded by 
excise taxes on hunting and fishing equipment, and are 
distributed to states and territories through an apportionment 
formula laid out in statute. Current law sets a maximum amount 
that the territories and the District of Columbia can receive. 
H.R. 1809 would increase those limits or remove them so that 
the territories and the District of Columbia could receive more 
funds. As a result, other states would receive less for the 
various grants offered under these laws.
    Because H.R. 1809 would not change the total amounts 
collected or spent, CBO estimates that enacting H.R. 1809 would 
not affect the federal budget.
    The CBO staff contact for this estimate is David Hughes. 
The estimate was reviewed by H. Samuel Papenfuss, Deputy 
Assistant Director for Budget Analysis.
    2. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goals and 
objectives of this bill is to amend the Pittman-Robertson 
Wildlife Restoration Act and the Dingell-Johnson Sport Fish 
Restoration Act to provide parity for United States territories 
and the District of Columbia.

                           Earmark Statement

    This bill does not contain any Congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined 
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of 
the House of Representatives.

                 Unfunded Mandates Reform Act Statement

    This bill contains no unfunded mandates.

                           Existing Programs

    This bill does not establish or reauthorize a program of 
the federal government known to be duplicative of another 
program.

                  Applicability to Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

               Preemption of State, Local, or Tribal Law

    Any preemptive effect of this bill over state, local, or 
tribal law is intended to be consistent with the bill's 
purposes and text and the Supremacy Clause of Article VI of the 
U.S. Constitution.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, and existing law in which no 
change is proposed is shown in roman):

               PITTMAN-ROBERTSON WILDLIFE RESTORATION ACT




           *       *       *       *       *       *       *
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That the 
[Secretary of Agriculture] Secretary of the Interior  is 
authorized to cooperate with the States, through their 
respective State fish and game departments, in wildlife-
restoration projects as hereinafter set forth; but no money 
apportioned under this Act to any State shall be expended 
therein until its legislature, or other State agency authorized 
by the State constitution to make laws governing the 
conservation of wildlife, shall have assented to the provision 
of this Act and shall have passed laws for the conservation of 
wildlife which shall include a prohibition against the 
diversion of license fees paid by hunters for any other purpose 
than the administration of said State fish and game department, 
except that, until the final adjournment of the first regular 
session of the legislature held after the passage of this Act, 
the assent of the Governor of the State shall be sufficient. 
The [Secretary of Agriculture] Secretary of the Interior  and 
the State fish and game department of each State accepting the 
benefits of this Act shall agree upon the wildlife-restoration 
projects to be aided in such State under the terms of this Act 
and all projects shall conform to the standards fixed by the 
[Secretary of Agriculture] Secretary of the Interior.

SEC. 2. DEFINITIONS.

   As used in this Act--
          (1) the term ``conservation'' means the use of 
        methods and procedures necessary or desirable to 
        sustain healthy populations of wildlife, including all 
        activities associated with scientific resources 
        management such as research, census, monitoring of 
        populations, acquisition, improvement and management of 
        habitat, live trapping and transplantation, wildlife 
        damage management, and periodic or total protection of 
        a species or population, as well as the taking of 
        individuals within wildlife stock or population if 
        permitted by applicable State and Federal law;
          (2) the term ``Secretary'' means the Secretary of the 
        Interior;
          (3) the term ``State fish and game department'' or 
        ``State fish and wildlife department'' means any 
        department or division of department of another name, 
        or commission, or official or officials, of a State 
        empowered under its laws to exercise the functions 
        ordinarily exercised by a State fish and game 
        department or State fish and wildlife department.
          (4) the term ``wildlife'' means any species of wild, 
        free-ranging 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;
          (5) the term ``wildlife-associated recreation'' means 
        projects intended to meet the demand for outdoor 
        activities associated with wildlife including, but not 
        limited to, hunting and fishing, wildlife observation 
        and photography, such projects as construction or 
        restoration of wildlife viewing areas, observation 
        towers, blinds, platforms, land and water trails, water 
        access, field trialing, trail heads, and access for 
        such projects;
          (6) the term ``wildlife conservation and restoration 
        program'' means a program developed by a State fish and 
        wildlife department and approved by the Secretary under 
        [section 304(d)] section 4(e), the projects that 
        constitute such a program, which may be implemented in 
        whole or part through grants and contracts by a State 
        to other State, Federal, or local agencies (including 
        those that gather, evaluate, and disseminate 
        information on wildlife and their habitats), wildlife 
        conservation organizations, and outdoor recreation and 
        conservation education entities from funds apportioned 
        under this title, and maintenance of such projects;
          (7) the term ``wildlife conservation education'' 
        means projects, including public outreach, intended to 
        foster responsible natural resource stewardship; and
          (8) the term ``wildlife-restoration project'' 
        includes the wildlife conservation and restoration 
        program and means the selection, restoration, 
        rehabilitation, and improvement of areas of land or 
        water adaptable as feeding, resting, or breeding places 
        for wildlife, including acquisition of such areas or 
        estates or interests therein as are suitable or capable 
        of being made suitable therefor, and the construction 
        thereon or therein of such works as may be necessary to 
        make them available for such purposes and also 
        including such research into problems of wildlife 
        management as may be necessary to efficient 
        administration affecting wildlife resources, and such 
        preliminary or incidental costs and expenses as may be 
        incurred in and about such projects.
  Sec. 3. (a)(1) An amount equal to all revenues accruing each 
fiscal year (beginning with the fiscal year 1975) from any tax 
imposed on specified articles by sections 4161(b) and 4181 of 
the Internal Revenue Code of 1986 (26 U.S.C. 4161(b), 4181) 
shall, subject to the exemptions in section 4182 of such Code, 
be covered into the Federal aid to wildlife restoration fund in 
the Treasury (hereinafter referred to as the ``fund'') and is 
authorized to be appropriated and made available until expended 
to carry out the purposes of this Act. So much of such 
appropriation apportioned to any State for any fiscal year as 
remains unexpended at the close thereof is authorized to be 
made available for expenditure in that State until the close of 
the succeeding fiscal year. Any amount apportioned to any State 
under the provisions of this Act which is unexpended or 
unobligated at the end of the period during which it is 
available for expenditure on any project is authorized to be 
made available for expenditure by the Secretary of Agriculture 
in carrying out the provisions of the Migratory Bird 
Conservation Act.
  (2) There is established in the Federal aid to wildlife 
restoration fund a subaccount to be known as the ``Wildlife 
Conservation and Restoration Account''. There are authorized to 
be appropriated for the purposes of the Wildlife Conservation 
and Restoration Account $50,000,000 in fiscal year 2001 for 
apportionment in accordance with this Act to carry out State 
wildlife conservation and restoration programs. Further, 
interest on amounts transferred shall be treated in a manner 
consistent with [16 U.S.C. 669(b)(1))] subsection (b)(1).
  (b)(1) The Secretary of the Treasury shall invest in 
interest-bearing obligations of the United States such portion 
of the fund as is not, in his judgment, required for meeting a 
current year's withdrawals. For purposes of such investment, 
the Secretary of the Treasury may--
          (A) acquire obligations at the issue price and 
        purchase outstanding obligations at the market price; 
        and
          (B) sell obligations held in the fund at the market 
        price.
  (2) The interest on obligations held in the fund--
          (A) shall be credited to the fund;
          (B) constitute the sums available for allocation by 
        the Secretary under section 8 of the North American 
        Wetlands Conservation Act; and
          (C) shall become available for apportionment under 
        this Act at the beginning of fiscal year 2026.
  (c)(1) Amounts transferred to the Wildlife Conservation and 
Restoration Account shall supplement, but not replace, existing 
funds available to the States from the sport fish restoration 
account and wildlife restoration account and shall be used for 
the development, revision, and implementation of wildlife 
conservation and restoration programs and should be used to 
address the unmet needs for a diverse array of wildlife and 
associated habitats, including species that are not hunted or 
fished, for wildlife conservation, wildlife conservation 
education, and wildlife-associated recreation projects. Such 
funds may be used for new programs and projects as well as to 
enhance existing programs and projects.
  (2) Funds may be used by a State or an Indian tribe for the 
planning and implementation of its wildlife conservation and 
restoration program and wildlife conservation strategy, as 
provided in [sections 4(d) and (e) of this Act,] section 4(e), 
including wildlife conservation, wildlife conservation 
education, and wildlife-associated recreation projects. Such 
funds may be used for new programs and projects as well as to 
enhance existing programs and projects.
  (3) Priority for funding from the Wildlife Conservation and 
Restoration Account shall be for those species with the 
greatest conservation need as defined by the State wildlife 
conservation and restoration program.
  (d) Notwithstanding subsections (a) and (b) of this section, 
with respect to amounts transferred to the Wildlife 
Conservation and Restoration Account, so much of such amounts 
apportioned to any State for any fiscal year as remains 
unexpended at the close thereof shall remain available for 
obligation in that State until the close of the second 
succeeding fiscal year.

SEC. 4. ALLOCATION AND APPORTIONMENT OF AVAILABLE AMOUNTS.

  (a) Set-Aside for Expenses for Administration of the Pittman-
Robertson Wildlife Restoration Act.--
          (1) In general.--
                  (A) Set-aside.--For fiscal year 2001 and each 
                fiscal year thereafter, of the revenues 
                (excluding interest accruing under section 
                3(b)) covered into the fund for the fiscal 
                year, the Secretary of the Interior may use not 
                more than the available amount specified in 
                subparagraph (B) for the fiscal year for 
                expenses for administration incurred in 
                implementation of this Act, in accordance with 
                this subsection and section 9.
                  (B) Available amounts.--The available amount 
                referred to in subparagraph (A) is--
                          (i) for each of fiscal years 2001 and 
                        2002, $9,000,000;
                          (ii) for fiscal year 2003, 
                        $8,212,000; and
                          (iii) for fiscal year 2004 and each 
                        fiscal year thereafter, the sum of--
                                  (I) the available amount for 
                                the preceding fiscal year; and
                                  (II) the amount determined by 
                                multiplying--
                                          (aa) the available 
                                        amount for the 
                                        preceding fiscal year; 
                                        and
                                          (bb) the change, 
                                        relative to the 
                                        preceding fiscal year, 
                                        in the Consumer Price 
                                        Index for All Urban 
                                        Consumers published by 
                                        the Department of 
                                        Labor.
          (2) Period of availability; apportionment of 
        unobligated amounts.--
                  (A) Period of availability.--For each fiscal 
                year, the available amount under paragraph (1) 
                shall remain available for obligation for use 
                under that paragraph until the end of the 
                fiscal year.
                  (B) Apportionment of unobligated amounts.--
                Not later than 60 days after the end of a 
                fiscal year, the Secretary of the Interior 
                shall apportion among the States any of the 
                available amount under paragraph (1) that 
                remains unobligated at the end of the fiscal 
                year, on the same basis and in the same manner 
                as other amounts made available under this Act 
                are apportioned among the States for the fiscal 
                year.
  (b) Apportionment to States.--The Secretary of the Interior, 
after deducting the available amount under subsection (a), the 
amount apportioned under subsection (c), any amount apportioned 
under section 8A, and amounts provided as grants under sections 
10 and 11, shall apportion the remainder of the revenue in said 
fund for each fiscal year among the several States in the 
following manner: One-half in the ratio which the area of each 
State bears to the total area of all the States, and one-half 
in the ratio which the number of paid hunting-license holders 
of each State in the second fiscal year preceding the fiscal 
year for which such apportionment is made, as certified to said 
Secretary by the State fish and game departments, bears to the 
total number of paid hunting-license holders of all the States. 
Such apportionments shall be adjusted equitably so that no 
State shall receive less than one-half of 1 per centum nor more 
than 5 per centum of the total amount apportioned. The term 
fiscal year as used in this Act shall be a period of twelve 
consecutive months from October 1 through the succeeding 
September 30, except that the period for enumeration of paid 
hunting-license holders shall be a State's fiscal or license 
year.
  (c) One-half of the revenues accruing to the fund under this 
Act each fiscal year (beginning with the fiscal year 1975) from 
any tax imposed on pistols, revolvers, bows, and arrows shall 
be apportioned [among the States in proportion to the ratio 
that the population of each State bears to the population of 
all the States: Provided, That each State shall be apportioned 
not more than 3 per centum and not less than 1 per centum of 
such revenues and Guam, the Virgin Islands, American Samoa, 
Puerto Rico, and the Northern Mariana Islands shall each be 
apportioned one-sixth of 1 per centum of such revenues.] among 
the States and each of American Samoa, Guam, the Northern 
Mariana Islands, Puerto Rico, and the United States Virgin 
Islands in proportion to the ratio that the population of each 
State and each such territory bears to the population of all 
the States and such territories, except that each State shall 
be apportioned not more than 3 percent of such revenues, and 
each State and each such territory shall be apportioned not 
less than 1 percent of such revenues. For the purpose of this 
subsection, population shall be determined on the basis of the 
latest decennial census for which figures are available, as 
certified by the Secretary of Commerce.
  [(c)] (d) Apportionment of Wildlife Conservation and 
Restoration Account.--
          [(1) The Secretary of the Interior shall make the 
        following apportionment from the Wildlife Conservation 
        and Restoration Account:
                  [(A) to the District of Columbia and to the 
                Commonwealth of Puerto Rico, each a sum equal 
                to not more than one-half of 1 percent thereof.
                  [(B) to Guam, American Samoa, the Virgin 
                Islands, and the Commonwealth of the Northern 
                Mariana Islands, each a sum equal to not more 
                than one-fourth of 1 percent thereof.]
          (1) The Secretary of the Interior shall apportion 
        from the Wildlife Conservation and Restoration Account 
        to each of the District of Columbia, American Samoa, 
        Guam, the Northern Mariana Islands, Puerto Rico, and 
        the United States Virgin Islands a sum equal to not 
        more than one-half of 1 percent of such Account.
          (2)(A) The Secretary of the Interior, after making 
        the apportionment under paragraph (1), shall apportion 
        the remaining amount in the Wildlife Conservation and 
        Restoration Account for each fiscal year among the 
        States in the following manner:
                  (i) [one-third of which is based] One-third 
                of such amount shall be apportioned based on 
                the ratio to which the land area of such State 
                bears to the total land area of all such 
                States[; and].
                  (ii) [two-thirds of which is based] Two-
                thirds of such amount shall be apportioned 
                based on the ratio to which the population of 
                such State bears to the total population of all 
                such States.
          (B) The amounts apportioned under this paragraph 
        shall be adjusted equitably so that no such State shall 
        be apportioned a sum which is less than one percent of 
        the amount available for apportionment under this 
        paragraph for any fiscal year or more than five percent 
        of such amount.
          (3) Of the amounts transferred to the Wildlife 
        Conservation and Restoration Account, not to exceed 3 
        percent shall be available for any Federal expenses 
        incurred in the administration and execution of 
        programs carried out with such amounts.
  [(d)] (e) Wildlife Conservation and Restoration Programs.--
          (1) Any State, through its fish and wildlife 
        department, may apply to the Secretary of the Interior 
        for approval of a wildlife conservation and restoration 
        program, or for funds from the Wildlife Conservation 
        and Restoration Account, to develop a program. To 
        apply, a State shall submit a comprehensive plan that 
        includes--
                  (A) provisions vesting in the fish and 
                wildlife department of the State overall 
                responsibility and accountability for the 
                program;
                  (B) provisions for the development and 
                implementation of--
                          (i) wildlife conservation projects 
                        that expand and support existing 
                        wildlife programs, giving appropriate 
                        consideration to all wildlife;
                          (ii) wildlife-associated recreation 
                        projects; and
                          (iii) wildlife conservation education 
                        projects pursuant to programs under 
                        section 8(a); and
                  (C) provisions to ensure public participation 
                in the development, revision, and 
                implementation of projects and programs 
                required under this paragraph.
                  (D) Wildlife conservation strategy.--Within 
                five years of the date of the initial 
                apportionment, develop and begin implementation 
                of a wildlife conservation strategy based upon 
                the best available and appropriate scientific 
                information and data that--
                          (i) uses such information on the 
                        distribution and abundance of species 
                        of wildlife, including low population 
                        and declining species as the State fish 
                        and wildlife department deems 
                        appropriate, that are indicative of the 
                        diversity and health of wildlife of the 
                        State;
                          (ii) identifies the extent and 
                        condition of wildlife habitats and 
                        community types essential to 
                        conservation of species identified 
                        under paragraph (1);
                          (iii) identifies the problems which 
                        may adversely affect the species 
                        identified under paragraph (1) or their 
                        habitats, and provides for priority 
                        research and surveys to identify 
                        factors which may assist in restoration 
                        and more effective conservation of such 
                        species and their habitats;
                          (iv) determines those actions which 
                        should be taken to conserve the species 
                        identified under paragraph (1) and 
                        their habitats and establishes 
                        priorities for implementing such 
                        conservation actions;
                          (v) provides for periodic monitoring 
                        of species identified under paragraph 
                        (1) and their habitats and the 
                        effectiveness of the conservation 
                        actions determined under paragraph (4), 
                        and for adapting conservation actions 
                        as appropriate to respond to new 
                        information or changing conditions;
                          (vi) provides for the review of the 
                        State wildlife conservation strategy 
                        and, if appropriate, revision at 
                        intervals of not more than ten years;
                          (vii) provides for coordination to 
                        the extent feasible the State fish and 
                        wildlife department, during the 
                        development, implementation, review, 
                        and revision of the wildlife 
                        conservation strategy, with Federal, 
                        State, and local agencies and Indian 
                        tribes that manage significant areas of 
                        land or water within the State, or 
                        administer programs that significantly 
                        affect the conservation of species 
                        identified under paragraph (1) or their 
                        habitats.
          (2) A State shall provide an opportunity for public 
        participation in the development of the comprehensive 
        plan required under paragraph (1).
          (3) If the Secretary finds that the comprehensive 
        plan submitted by a State complies with paragraph (1), 
        the Secretary shall approve the wildlife conservation 
        and restoration program of the State and set aside from 
        the apportionment to the State made pursuant to 
        subsection (c) an amount that shall not exceed 75 
        percent of the estimated cost of developing and 
        implementing the program.
          (4)(A) Except as provided in subparagraph (B), after 
        the Secretary approves a State's wildlife conservation 
        and restoration program, the Secretary may make 
        payments on a project that is a segment of the State's 
        wildlife conservation and restoration program as the 
        project progresses. Such payments, including previous 
        payments on the project, if any, shall not be more than 
        the United States pro rata share of such project. The 
        Secretary, under such regulations as he may prescribe, 
        may advance funds representing the United States pro 
        rata share of a project that is a segment of a wildlife 
        conservation and restoration program, including funds 
        to develop such program.
          (B) Not more than 10 percent of the amounts 
        apportioned to each State under this section for a 
        State's wildlife conservation and restoration program 
        may be used for wildlife-associated recreation.
          (5) For purposes of this subsection, the term 
        ``State'' shall include the District of Columbia, the 
        Commonwealth of Puerto Rico, the Virgin Islands, Guam, 
        American Samoa, and the Commonwealth of the Northern 
        Mariana Islands.

           *       *       *       *       *       *       *

  Sec. 6. (a)(1) Any State desiring to avail itself of the 
benefits of this Act shall, by its State fish and game 
department, submit programs or projects for wildlife 
restoration in either of the following two ways:
          [(1)] (A) The State shall prepare and submit to the 
        Secretary of the Interior a comprehensive fish and 
        wildlife resource management plan which shall insure 
        the perpetuation of these resources for the economic, 
        scientific, and recreational enrichment of the people. 
        Such plan shall be for a period of not less than five 
        years and be based on projections of desires and needs 
        of the people for a period of not less than fifteen 
        years. It shall include provisions for updating at 
        intervals of not more than three years and be provided 
        in a format as may be required by the Secretary of the 
        Interior. If the Secretary of the Interior finds that 
        such plans conform to standards established by him and 
        approves such plans, he may finance up to 75 per centum 
        of the cost of implementing segments of those plans 
        meeting the purposes of this Act from funds apportioned 
        under this Act upon this approval of an annual 
        agreement submitted to him.
          [(2)] (B) A State may elect to avail itself of the 
        benefits of this Act by its State fish and game 
        department submitting to the Secretary of the Interior 
        full and detailed statements of any wildlife-
        restoration project proposed for that State. If the 
        Secretary of the Interior finds that such project meets 
        with the standards set by him and approves said 
        project, the State fish and game department shall 
        furnish to him such surveys, plans, specifications, and 
        estimates therefor as he may require. If the Secretary 
        of the Interior approves the plans, specifications, and 
        estimates for the project, he shall notify the State 
        fish and game department and immediately set aside so 
        much of said fund as represents the share of the United 
        States payable under this Act on account of such 
        project, which sum so set aside shall not exceed 75 per 
        centum of the total estimated cost thereof.
   (2) The Secretary of the Interior shall approve only such 
comprehensive plans or projects as may be substantial in 
character and design and the expenditure of funds hereby 
authorized shall be applied only to such approved comprehensive 
wildlife plans or projects and if otherwise applied they shall 
be replaced by the State before it may participate in any 
further apportionment under this Act. No payment of any money 
apportioned under this Act shall be made on any comprehensive 
wildlife plan or project until an agreement to participate 
therein shall have been submitted to and approved by the 
Secretary of the Interior.
  (b) If the State elects to avail itself of the benefits of 
this Act by preparing a comprehensive fish and wildlife plan 
under [option (1) of subsection (a) of this section,] 
subsection (a)(1)(A), then the term ``project'' may be defined 
for the purposes of this Act as a wildlife program, all other 
definitions notwithstanding.
  (c) Administrative costs in the form of overhead or indirect 
costs for services provided by State central service activities 
outside of the State agency having primary jurisdiction over 
the wildlife resources of the State which may be charged 
against programs or projects supported by the fund established 
by section 3 of this Act shall not exceed in any one fiscal 
year 3 per centum of the annual apportionment to the State.

           *       *       *       *       *       *       *

  Sec. 8A. The Secretary of the Interior is authorized to 
cooperate with the Secretary of Agriculture of Puerto Rico, the 
Governor of Guam, the Governor of American Samoa, the Governor 
of the Commonwealth of the Northern Mariana Islands, and the 
Governor of the Virgin Islands, in the conduct of wildlife-
restoration projects, as defined in section 2 of this Act, and 
hunter safety programs as provided by section 8(b) of this Act, 
upon such terms and conditions as he shall deem fair, just, and 
equitable, and is authorized to apportion to Puerto Rico, Guam, 
American Samoa, the Commonwealth of the Northern Mariana 
Islands, and the Virgin Islands, out of the money available for 
apportionment under this Act, such sums [as he shall determine, 
not exceeding for Puerto Rico one-half of 1 per centum, for 
Guam one-sixth of 1 per centum, for American Samoa one-sixth of 
one per centum, and for the Commonwealth of the Northern 
Mariana Islands one-sixth of 1 per centum, and for the Virgin 
Islands one-sixth of 1 per centum of the total amount 
apportioned, in any one year,] as the Secretary shall determine 
for each year, but the Secretary shall in no event require any 
of said cooperating agencies to pay an amount which will exceed 
25 per centum of the cost of any project. Any unexpended or 
unobligated balance of any apportionment made pursuant to this 
section shall be available for expenditure in Puerto Rico, 
Guam, American Samoa, the Commonwealth of the Northern Mariana 
Islands, or the Virgin Islands, as the case may be, in the 
succeeding year, on any approved project, and if unexpended or 
unobligated at the end of such year is authorized to be made 
available for expenditure by the Secretary of the Interior in 
carrying out the provisions of the Migratory Bird Conservation 
Act.

           *       *       *       *       *       *       *

  Sec. 12. The [Secretary of Agriculture] Secretary of the 
Interior is authorized to make rules and regulations for 
carrying out the provisions of this Act.
                              ----------                              


               DINGELL-JOHNSON SPORT FISH RESTORATION ACT



           *       *       *       *       *       *       *
  Sec. 4. (a) In General.--For each fiscal year through fiscal 
year 2021, the balance of each annual appropriation made in 
accordance with the provisions of section 3 remaining after the 
distributions for administrative expenses and other purposes 
under subsection (b) and for activities under section 14(e) 
shall be distributed as follows:
          (1) Coastal wetlands.--An amount equal to 18.673 
        percent to the Secretary of the Interior for 
        distribution as provided in the Coastal Wetlands 
        Planning, [Protection,] Protection and Restoration Act 
        (16 U.S.C. 3951 et seq.).
          (2) Boating safety.--An amount equal to 17.315 
        percent to the Secretary of the department in which the 
        Coast Guard is operating for State recreational boating 
        safety programs under section 13107 of title 46, United 
        States Code.
          (3) Boating infrastructure improvement.--
                  (A) In general.--An amount equal to 4 percent 
                to the Secretary of the Interior for qualified 
                projects under section 5604(c) of the Clean 
                Vessel Act of 1992 (33 U.S.C. 1322 note) and 
                section 7404(d) of the Sportfishing and Boating 
                Safety Act of 1998 (16 U.S.C. 777g-1(d)).
                  (B) Limitation.--Not more than 75 percent of 
                the amount under subparagraph (A) shall be 
                available for projects under either of the 
                sections referred to in subparagraph (A).
          (4) National outreach and communications.--An amount 
        equal to 2.0 percent to the Secretary of the Interior 
        for the National Outreach and Communications Program 
        under section 8(d) of this Act. Such amounts shall 
        remain available for 3 fiscal years, after which any 
        portion thereof that is unobligated by the Secretary 
        for that program may be expended by the Secretary under 
        subsection (c) of this section.
  (b) Set-Aside for Expenses for Administration of the Dingell-
Johnson Sport Fish Restoration Act.--
          (1) In general.--
                  (A) Set-aside for administration.--From the 
                annual appropriation made in accordance with 
                section 3, for each fiscal year through fiscal 
                year 2021, the Secretary of the Interior may 
                use no more than the amount specified in 
                subparagraph (B) for the fiscal year for 
                expenses for administration incurred in the 
                implementation of this Act, in accordance with 
                this section and section 9. The amount 
                specified in subparagraph (B) for a fiscal year 
                may not be included in the amount of the annual 
                appropriation distributed under subsection (a) 
                for the fiscal year.
                  (B) Available amounts.--The available amount 
                referred to in subparagraph (A) is--
                          (i) for each of fiscal years 2001 and 
                        2002, $9,000,000;
                          (ii) for fiscal year 2003, 
                        $8,212,000; and
                          (iii) for fiscal year 2004 and each 
                        fiscal year thereafter, the sum of--
                                  (I) the available amount for 
                                the preceding fiscal year; and
                                  (II) the amount determined by 
                                multiplying--
                                          (aa) the available 
                                        amount for the 
                                        preceding fiscal year; 
                                        and
                                          (bb) the change, 
                                        relative to the 
                                        preceding fiscal year, 
                                        in the Consumer Price 
                                        Index for All Urban 
                                        Consumers published by 
                                        the Department of 
                                        Labor.
          (2) Set-aside for coast guard administration.--
                  (A) In general.--From the annual 
                appropriation made in accordance with section 
                3, for each of fiscal years 2016 through 2021, 
                the Secretary of the department in which the 
                Coast Guard is operating may use no more than 
                the amount specified in subparagraph (B) for 
                the fiscal year for the purposes set forth in 
                section 13107(c) of title 46, United States 
                Code. The amount specified in subparagraph (B) 
                for a fiscal year may not be included in the 
                amount of the annual appropriation distributed 
                under subsection (a) for the fiscal year.
                  (B) Available amounts.--The available amount 
                referred to in subparagraph (A) is--
                          (i) for fiscal year 2016, $7,700,000; 
                        and
                          (ii) for fiscal year 2017 and each 
                        fiscal year thereafter, the sum of--
                                  (I) the available amount for 
                                the preceding fiscal year; and
                                  (II) the amount determined by 
                                multiplying--
                                          (aa) the available 
                                        amount for the 
                                        preceding fiscal year; 
                                        and
                                          (bb) the change, 
                                        relative to the 
                                        preceding fiscal year, 
                                        in the Consumer Price 
                                        Index for All Urban 
                                        Consumers published by 
                                        the Department of 
                                        Labor.
          (3) Period of availability; apportionment of 
        unobligated amounts.--
                  (A) Period of availability.--For each fiscal 
                year, the available amount under paragraph (1) 
                shall remain available for obligation for use 
                under that paragraph until the end of the 
                subsequent fiscal year.
                  (B) Apportionment of unobligated amounts.--
                Not later than 60 days after the end of a 
                fiscal year, the Secretary of the Interior 
                shall apportion among the States any of the 
                available amount under paragraph (1) that 
                remains unobligated at the end of the fiscal 
                year, on the same basis and in the same manner 
                as other amounts made available under this Act 
                are apportioned among the States under 
                subsection (c) for the fiscal year.
  (c)(1) The Secretary, after the distribution, transfer, use 
and deduction under subsection (b), and after deducting amounts 
used for activities under section 14(e), shall apportion 58.012 
percent of the balance of each such annual appropriation among 
the several States in the following manner: 40 percent in the 
ratio which the area of each State including coastal and Great 
Lakes waters (as determined by the Secretary of the Interior) 
bears to the total area of all the States, and 60 percent in 
the ratio which the number of persons holding paid licenses to 
fish for sport or recreation in the State in the second fiscal 
year preceding the fiscal year for which such apportionment is 
made, as certified to said Secretary by the State fish and game 
departments, bears to the number of such persons in all the 
States. Such apportionments shall be adjusted equitably so that 
no State shall receive less than 1 percent nor more than 5 
percent of the total amount apportioned. Where the 
apportionment to any State under this section is less than 
$4,500 annually, the Secretary of the Interior may allocate not 
more than $4,500 of said appropriation to said State to carry 
out the purposes of this Act when said State certifies to the 
Secretary of the Interior that it has set aside not less than 
$1,500 from its fish-and-game funds or has made, through its 
legislature, an appropriation in this amount for said purposes.
  (2) The Secretary shall deduct from the amount to be 
apportioned under paragraph (1) the amounts used for grants 
under section 14(a).
  (d) So much of any sum not allocated under the provisions of 
this section for any fiscal year is hereby authorized to be 
made available for expenditure to carry out the purposes of 
this Act until the close of the succeeding fiscal year. The 
term fiscal year as used in this section shall be a period of 
twelve consecutive months from October 1 through the succeeding 
September 30, except that the period for enumeration of persons 
holding licenses to fish shall be a State's fiscal or license 
year.
  (e) Expenses for Administration of Certain Programs.--
          (1) In general.--For each fiscal year, of the amounts 
        appropriated under section 3, the Secretary of the 
        Interior shall use only funds authorized for use under 
        paragraphs (1), (3), (4), and (5) of subsection (a) to 
        pay the expenses for administration incurred in 
        carrying out the provisions of law referred to in those 
        paragraphs, respectively.
          (2) Maximum amount.--For each fiscal year, the 
        Secretary of the Interior may use not more than 
        $900,000 in accordance with paragraph (1).
  (f) Transfer of Certain Funds.--Amounts available under 
paragraphs (3) and (4) of subsection (a) that are unobligated 
by the Secretary of the Interior after 3 fiscal years shall be 
transferred to the Secretary of the department in which the 
Coast Guard is operating and shall be expended for State 
recreational boating safety programs under section 13107(a) of 
title 46, United States Code.

           *       *       *       *       *       *       *

  Sec. 12. The Secretary of the Interior is authorized to 
cooperate with the Secretary of Agriculture of Puerto Rico, the 
Mayor of the District of Columbia, the Governor of Guam, the 
Governor of American Samoa, the Governor of the Commonwealth of 
the Northern Mariana Islands, and the Governor of the Virgin 
Islands, in the conduct of fish restoration and management 
projects as defined in section 2 of this Act, upon such terms 
and conditions as he shall deem fair, just, and equitable, and 
is authorized to apportion to Puerto Rico, the District of 
Columbia, Guam, American Samoa, the Commonwealth of the 
Northern Mariana Islands, and the Virgin Islands, out of money 
available for apportionment under this Act, such sums [as he 
shall determine, not exceeding for Puerto Rico 1 per centum, 
for the District of Columbia one-third of 1 per centum, for 
Guam one-third of 1 per centum, for American Samoa one-third of 
1 per centum, for the Commonwealth of the Northern Mariana 
Islands one-third of 1 per centum, and for the Virgin Islands 
one-third of 1 per centum of the total amount apportioned in 
any one year, but the Secretary] as the Secretary shall 
determine, except the Secretary shall in no event require any 
of said cooperating agencies to pay an amount which will exceed 
25 per centum of the cost of any project. Any unexpended or 
unobligated balance of any apportionment made pursuant to this 
section shall be made available for expenditure in Puerto Rico, 
the District of Columbia, Guam, the Commonwealth of the 
Northern Mariana Islands, or the Virgin Islands, as the case 
may be, in the succeeding year, on any approved projects, and 
if unexpended or unobligated at the end of such year is 
authorized to be made available for expenditure by the 
Secretary of the Interior to supplement the 58.012 percent of 
the balance of each annual appropriation to be apportioned 
among the States under section 4(c) of this Act.

           *       *       *       *       *       *       *

                              ----------                              


                   SECTION 111 OF PUBLIC LAW 101-593

 AN ACT To direct the Secretary of the Interior to convey all interest 
of the United States in a fish hatchery to the State of South Carolina, 
                        and for other purposes.

SEC. 111. NEW ENGLAND FISHERY RESOURCES RESTORATION ACT OF FISHERY 
                    1990.

  (a) Short Title.--This section may be cited as the ``New 
England Fishery Resources Restoration Act of 1990''.
  (b) Purposes.--The purposes of this Act are to--
          (1) ensure timely and effective implementation of 
        restoration plans and programs for Atlantic salmon and 
        other fishery resources of selected river systems in 
        New England;
          (2) complete a study of fish passage impediments and 
        requirements on small streams and rivers in New 
        England; and
          (3) develop an inventory of important fish and 
        wildlife habitat and other natural areas of river 
        basins in New England.
  (c) Implementation of Fishery Resource Restoration Plans.--
The Director of the United States Fish and Wildlife Service, 
hereinafter referred to as the Director, in consultation with 
the Assistant Administrator for Fisheries of the National 
Oceanic and Atmospheric Administration shall formulate, 
establish and implement programs to restore and maintain 
nationally significant, interjurisdictional fishery resources 
originating in New England river systems, including the 
Connecticut, Thames, Pawcatuck, Merrimack, Saco, Androscoggn, 
Kennebec, Sheepscot, Duck Trap, St. George, Penobscot, Union, 
Narraguagus, Pleasant, Machias, Dennys, St. Croix, Meduxnekeag 
and Aroostock and their tributaries. These programs shall be in 
accordance with the schedule and responsibilities established 
in comprehensive basin-wide restoration plans prepared by the 
Director in cooperation with State, local, and other entities 
involved and interested in the conservation and management of 
the affected fishery resources. Preparation and periodic 
revision of restoration plans, and their implementation, shall 
be based on a Memorandum of Agreement for each restoration 
program which shall be entered into by the Director and 
cooperating entities. The Director shall prepare and submit to 
the House Committee on Merchant Marine and Fisheries and the 
Senate Committee on Environment and Public Works an annual 
report documenting activities undertaken and accomplishments 
achieved in fulfillment of this section, including an 
assessment of the prognosis for restoration of each of the 
stocks and species involve.
  (d) Fish Passage Study.--The Director shall conduct a study 
to identify impediments to upstream and downstream passage of 
fish in rivers and streams in the New England States due to 
dams that are not licensed by the Federal Energy Regulatory 
Commission or other human-caused obstructions. In addition, the 
study shall identify actions needed to alleviate those 
impediments where desirable and feasible. The study shall 
include, but not be limited to, identifying--
          (1) all dams not licensed by the Federal Energy 
        Regulatory Commission and other human-caused 
        obstructions on New England rivers and streams where 
        construction of upstream or downstream fish passage 
        facilities or their removal would benefit fishery 
        resources, including an estimate of the degree of 
        benefits expected; and
          (2) the proposed nature and size and estimated cost 
        of appropriate fish passage facilities or other actions 
        determined to be necessary and feasible or each dam or 
        other obstruction identified in response to paragraph 
        (1). The Director shall provide notice to the public of 
        the extent and nature of the study by publication of 
        such information in major newspapers in the region and 
        by other appropriate means. Within three years of the 
        date of enactment of this Act, the Director shall 
        submit a report containing the findings, conclusions 
        and recommendations of the study to the House Committee 
        on Merchant Marine and Fisheries and the Senate 
        Committee on Environment and Public Works.
  (e) New England Rivers Fish and Wildlife Inventory.--The 
Director shall inventory the natural values of river basins in 
New England, including the Connecticut, Pawcatuck, Acushnet, 
North and South (in Plymouth County, Massachusetts), Charles, 
Merrimack, Saco, Androscoggin, Kennebec, Penobscot, Union, St. 
Croix, and Aroostock Rivers and their tributaries, and identify 
fish and wildlife habitat in most need of protection or where 
public access to the rivers should be provided. In addition, 
the Director shall, in cooperation with appropriate State 
agencies and local governments and after providing notice and 
opportunity for public comment, identify appropriate public or 
private measures for providing the necessary protection or 
access for each area included in the inventory. Within two 
years of the date of enactment of this Act, the Director shall 
submit a report containing the findings, conclusions, and 
recommendations of the inventory and assessment to the House 
Committee on Merchant Marine and Fisheries and the Senate 
Committee on Environment and Public Works.
  (f) Authorization of Appropriations.--There are authorized to 
be appropriated to the Director--
          (1) $5,000,000 per year for fiscal years 1991, 1992, 
        1993, 1994, and 1995 to implement fishery resource 
        restoration plans and programs, except for activities 
        related to the design and construction of fish passage 
        facilities, as directed by subsection (c);
          (2) $500,000 per year for fiscal years 1991, 1992, 
        and 1993 to conduct the study required under subsection 
        (d); and
          (3) $500,000 to conduct the inventory and assessment 
        required under [section] subsection (e).

           *       *       *       *       *       *       *

                              ----------                              


                   SECTION 7404 OF PUBLIC LAW 105-178

  AN ACT To authorize funds for Federal-aid highways, highway safety 
        programs, and transit programs, and for other purposes.

SEC. 7404. BOATING INFRASTRUCTURE.

  (a) Purpose.--The purpose of this section is to provide funds 
to States for the development and maintenance of facilities for 
transient nontrailerable recreational vessels.
  (b) Survey.--Section 8 of the 1950 Act (16 U.S.C. 777g), as 
amended by section 7402, is amended by adding at the end 
thereof the following:
  ``(g) Surveys.--
          ``(1) National framework.--Within 6 months after the 
        date of enactment of the Sportfishing and Boating 
        Safety Act of 1998, the Secretary, in consultation with 
        the States, shall adopt a national framework for a 
        public boat access needs assessment which may be used 
        by States to conduct surveys to determine the adequacy, 
        number, location, and quality of facilities providing 
        access to recreational waters for all sizes of 
        recreational boats.
          ``(2) State surveys.--Within 18 months after such 
        date of enactment, each State that agrees to conduct a 
        public boat access needs survey following the 
        recommended national framework shall report its 
        findings to the Secretary for use in the development of 
        a comprehensive national assessment of recreational 
        boat access needs and facilities.
          ``(3) Exception.--Paragraph (2) does not apply to a 
        State if, within 18 months after such date of 
        enactment, the Secretary certifies that the State has 
        developed and is implementing a plan that ensures there 
        are and will be public boat access adequate to meet the 
        needs of recreational boaters on its waters.
          ``(4) Funding.--A State that conducts a public boat 
        access needs survey under paragraph (2) may fund the 
        costs of conducting that assessment out of amounts 
        allocated to it as funding dedicated to motorboat 
        access to recreational waters under subsection (b)(1) 
        of this section.''.
  (c) Plan.--Within 6 months after submitting a survey to the 
Secretary under section 8(g) of the Act entitled ``An Act to 
provide that the United States shall aid the States in fish 
restoration and management projects, and for other purposes,'' 
approved August 9, 1950 (16 U.S.C. 777g(g)), as added by 
subsection (b) of this section, a State may develop and submit 
to the Secretary a plan for the construction, renovation, and 
maintenance of facilities for transient nontrailerable 
recreational vessels, and access to those facilities, to meet 
the needs of nontrailerable recreational vessels operating on 
navigable waters in the State.
  (d) Grant Program.--
          (1) Matching grants.--The Secretary of the Interior 
        shall obligate amounts made available under [section 
        4(a)(4)] section 4(a)(3)(A) of the Dingell-Johnson 
        Sport Fish Restoration Act to make grants to any State 
        to pay not more than 75 percent of the cost to a State 
        of constructing, renovating, or maintaining facilities 
        for transient nontrailerable recreational vessels.
          (2) Priorities.--In awarding grants under paragraph 
        (1), the Secretary shall give priority to projects 
        that--
                  (A) consist of the construction, renovation, 
                or maintenance of facilities for transient 
                nontrailerable recreational vessels in 
                accordance with a plan submitted by a State 
                under subsection (c);
                  (B) provide for public/private partnership 
                efforts to develop, maintain, and operate 
                facilities for transient nontrailerable 
                recreational vessels; and
                  (C) propose innovative ways to increase the 
                availability of facilities for transient 
                nontrailerable recreational vessels.
  (e) Definitions.--For purposes of this section, the term--
          (1) ``nontrailerable recreational vessel'' means a 
        recreational vessel 26 feet in length or longer--
                  (A) operated primarily for pleasure; or
                  (B) leased, rented, or chartered to another 
                for the latter's pleasure;
          (2) ``facilities for transient nontrailerable 
        recreational vessels'' includes mooring buoys, day-
        docks, navigational aids, seasonal slips, safe harbors, 
        or similar structures located on navigable waters, that 
        are available to the general public (as determined by 
        the Secretary of the Interior) and designed for 
        temporary use by nontrailerable recreational vessels; 
        and
          (3) ``State'' means each of the several States of the 
        United States, the District of Columbia, the 
        Commonwealth of Puerto Rico, Guam, American Samoa, the 
        Virgin Islands, and the Commonwealth of the Northern 
        Mariana Islands.

           *       *       *       *       *       *       *


        Supplemental, Minority, Additional, or Dissenting Views

    None.

                                  [all]