[House Report 116-628] [From the U.S. Government Publishing Office] 116th Congress } { Report HOUSE OF REPRESENTATIVES 2d Session } { 116-628 ====================================================================== MODERNIZING THE PITTMAN-ROBERTSON FUND FOR TOMORROW'S NEEDS ACT _______ December 8, 2020.--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. 877] The Committee on Natural Resources, to whom was referred the bill (H.R. 877) to amend the Pittman-Robertson Wildlife Restoration Act to modernize the funding of wildlife conservation, and for other purposes, having considered the same, reports favorably thereon without amendment and recommends that the bill do pass. Purpose of the Bill The purpose of H.R. 877 is to amend the Pittman-Robertson Wildlife Restoration Act to modernize the funding of wildlife conservation, and for other purposes. Background and Need for Legislation In the United States, the majority of wildlife management is carried out by states, territories, and tribes, with much of the funding coming from federal sources such as the Pittman- Robertson Wildlife Restoration Act. The Pittman-Robertson Act provides significant funding for state conservation programs through an excise tax on hunting equipment. To qualify for funds, states, territories, and the District of Columbia draft their own Wildlife Action Plans, which are approved by the U.S. Fish and Wildlife Service (FWS).\1\ Annual revenue from the excise tax has been declining due to a decrease in shooting and archery-related recreation. --------------------------------------------------------------------------- \1\See generally R. Eliot Crafton, Cong. Research Serv., R45667, Pittman-Robertson Wildlife Restoration Act: Understanding Apportionments for States and Territories (2019), https://www.crs.gov/ reports/pdf/R45667. --------------------------------------------------------------------------- This bill seeks to sustain these conservation funds by amending the Pittman-Robertson Wildlife Restoration Act to allow funds to be used to increase construction of public shooting ranges, educate people about the role of hunters in wildlife conservation, and enhance recruitment for hunting and shooting sports. State agencies receiving funding for basic and advanced hunter education and safety should use a significant portion of these funds to engage in equitable outreach such that the demographic diversity of the state is reflected, partnering with groups serving communities that lack access to hunting activities and specifically targeting underserved populations through recruitment, retention, and reactivation programs that increase representation in sport hunting by these populations. This outreach and engagement should be carried out in ways that are culturally, linguistically, and demographically relevant to the underserved groups. Committee Action H.R. 877 was introduced on January 30, 2019, by Representative Austin Scott (R-GA). 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 on the bill. On December 5, 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 adopted and ordered favorably reported to the House of Representatives by unanimous consent. On December 19, 2019, Congress passed H.R. 1865, the Further Consolidated Appropriations Act, 2020, which included the text of H.R. 877.\2\ The President signed the bill into law on December 20, 2019.\3\ --------------------------------------------------------------------------- \2\H.R. 1865, 116th Cong. div. P, tit. V (as enrolled December 19, 2019), https://www.congress.gov/116/bills/hr1865/BILLS- 116hr1865enr.pdf. \3\Pub. L. No. 116-94, 133 Stat. 2534 (2019), https:// www.congress.gov/116/plaws/publ94/PLAW-116publ94.pdf, https:// uscode.house.gov/statviewer.htm?volume=133&page=2534. --------------------------------------------------------------------------- Hearings For the purposes of section 103(i) of H. Res. 6 of the 116th Congress--legislative hearing by the Subcommittee on Water, Oceans, and Wildlife held on March 26, 2019. Section-by-Section Analysis Section 3. This section makes a technical correction to update accounting procedures for annual state hunting licenses and adds a definition for hunter and recreational shooter recruitment to guide activities authorized with Pittman- Robertson funds. Section 4. This section authorizes funds to be used for hunter and recreational shooter recruitment. Section 5. This section authorizes funds allocated for the management of wildlife areas to be used to improve public relations. Section 6. This section authorizes funds for hunter education and safety programs to be used for recruitment activities. Section 7. This section allows for up to $5 million of the Pittman-Robertson excise tax revenues to be used for grants designed to promote the recruitment of hunters and shooters each year. 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) of rule XIII of the Rules of the House of Representatives and section 308(a) of the Congressional Budget Act of 1974 and with respect to requirements of clause (3)(c)(3) of rule XIII of the Rules of the House of Representatives and section 402 of the Congressional Budget Act of 1974, the Committee has requested but not received a cost estimate for this bill from the Director of Congressional Budget Office. The Committee adopts as its own cost estimate the forthcoming cost estimate of the Director of the Congressional Budget Office, should such cost estimate be made available before House passage of the bill. The Committee has requested but not received from the Director of the Congressional Budget Office a statement as to whether this bill contains any new budget authority, spending authority, credit authority, or an increase or decrease in revenues or tax expenditures. 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 are to amend the Pittman-Robertson Wildlife Restoration Act to modernize the funding of wildlife conservation. 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 An estimate of Federal mandates prepared by the Director of the Congressional Budget Office pursuant to section 423 of the Unfunded Mandates Reform Act was not made available to the Committee in time for the filing of this report. The Chair of the Committee shall cause such estimate to be printed in the Congressional Record upon its receipt by the Committee. Existing Programs This bill does not establish or reauthorize a program of the federal government known to be duplicative of another program. Such program was not included in any report from the Government Accountability Office to Congress pursuant to section 21 of Public Law 111-139. The grant purpose authorized by Section 7 of this bill to promote the recruitment of hunters and shooters each year is within the existing Multistate Conservation Grant (CFDA No. 15.628), which is related and complementary to, but not duplicative of, the following programs identified in the most recent Catalog of Federal Domestic Assistance published pursuant to 31 U.S.C. Sec. 6104: Sport Fish Restoration (CFDA No. 15.605) and Wildlife Restoration and Basic Hunter Education (CFDA No. 15.611). 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 italics, 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 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 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. One of the purposes of this Act is to provide financial and technical assistance to the States for the promotion of hunting and recreational shooting. 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) for the purposes of determining the number of paid hunting-license holders in a State, the term ``fiscal year'' means the fiscal year or license year of the State; (3) the term ``hunter recruitment and recreational shooter recruitment'' means any activity or project to recruit or retain hunters and recreational shooters, including by-- (A) outreach and communications as a means-- (i) to improve communications with hunters, recreational shooters, and the general public with respect to hunting and recreational shooting opportunities; (ii) to reduce barriers to participation in these activities; (iii) to advance the adoption of sound hunting and recreational shooting practices; (iv) to promote conservation and the responsible use of the wildlife resources of the United States; and (v) to further safety in hunting and recreational shooting; (B) providing education, mentoring, and field demonstrations; (C) enhancing access for hunting and recreational shooting, including through range construction; and (D) providing education to the public about the role of hunting and recreational shooting in funding wildlife conservation; [(2)] (4) the term ``public target range'' means a specific location that-- (A) is identified by a governmental agency for recreational shooting; (B) is open to the public; (C) may be supervised; and (D) may accommodate archery or rifle, pistol, or shotgun shooting; [(3)] (5) the term ``Secretary'' means the Secretary of the Interior; [(4)] (6) 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. [(5)] (7) 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; [(6)] (8) 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; [(7)] (9) 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), 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; [(8)] (10) the term ``wildlife conservation education'' means projects, including public outreach, intended to foster responsible natural resource stewardship; and (9) 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. 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) Apportionment of Revenues From Pistols, Revolvers, Bows, and Arrows.-- (1) In General._[One-half] Subject to paragraph (2), \1/2\ 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] (2) Condition.--The amount apportioned to each State under paragraph (1) shall be not greater than 3 percent and not less than 1 percent of the revenues described in such paragraph. 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. [For the purpose] (3) Population determination.--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. (4) Use of funds.--In addition to other uses authorized under this Act, amounts apportioned under this subsection may be used for hunter recruitment and recreational shooter recruitment. [(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. (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 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 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. 8. (a) Maintenance of wildlife-restoration projects established under the provisions of this Act shall be the duty of the State in accordance with their respective laws. Beginning July 1, 1945, the term ``wildlife-restoration project'', as defined in section 2 of this Act, shall include maintenance of completed projects. Notwithstanding any other provisions of this Act, funds apportioned to a State under this Act may be expended by the State for management (exclusive of law enforcement [and public relations]) of wildlife areas and resources. Funds from the Wildlife Conservation and Restoration Account may be used for a wildlife conservation education program, except that no such funds may be used for education efforts, projects, or programs that promote or encourage opposition to the regulated taking of wildlife. (b) Expenditures for Management of Wildlife Areas and Resources.-- (1) In general.--Except as provided in paragraph (2), each State may use the funds apportioned to it under section 4(c) to pay up to 75 per centum of the costs of a hunter safety program and the operation and maintenance of public target ranges[, as a part of such program]. (2) Exception.--Notwithstanding the limitation described in paragraph (1), a State may pay up to 90 percent of the cost of acquiring land for, expanding, or constructing a public target range. (3) Non-federal share.--The non-Federal share of such costs may be derived from license fees paid by hunters, but not from other Federal grant programs. (4) Regulations.--The Secretary shall issue not later than the 120th day after the effective date of this subsection such regulations as he deems advisable relative to the criteria for the establishment of hunter safety programs and public target ranges under this subsection. * * * * * * * SEC. 10. FIREARM AND BOW HUNTER EDUCATION AND SAFETY PROGRAM GRANTS. (a) In General.-- (1) Grants.--Of the revenues covered into the fund, $7,500,000 for each of fiscal years 2001 and 2002, and $8,000,000 for fiscal year 2003 and each fiscal year thereafter, shall be apportioned among the States in the manner specified in section 4(c) by the Secretary of the Interior and used to make grants to the States to be used for-- (A) in the case of a State that has not used all of the funds apportioned to the State under section 4(c) for the fiscal year in the manner described in section 8(b)-- (i) the enhancement of hunter education programs, hunter and sporting firearm safety programs, and hunter development programs; (ii) the enhancement of interstate coordination and development of hunter education and shooting range programs; (iii) the enhancement of bow hunter and archery education, safety, and development programs; [and] (iv) the enhancement of construction or development of firearm shooting ranges and archery ranges, and the updating of safety features of firearm shooting ranges and archery ranges; and (v) the enhancement of hunter recruitment and recreational shooter recruitment; and (B) in the case of a State that has used all of the funds apportioned to the State under section 4(c) for the fiscal year in the manner described in section 8(b), any use authorized by this Act (including hunter safety programs and the construction, operation, and maintenance of public target ranges). (2) Limitation on use.--Under paragraph (1), a State shall not be required to use more than the amount described in section 8(b) for hunter safety programs and the construction, operation, and maintenance of public target ranges. (3) Allocation of additional amounts.--Of the amount apportioned to a State for any fiscal year under section 4(b), the State may elect to allocate not more than 10 percent, to be combined with the amount apportioned to the State under paragraph (1) for that fiscal year, for acquiring land for, expanding, or constructing a public target range. (b) Cost Sharing.-- (1) In general.--Except as provided in paragraph (2), the Federal share of the cost of any activity carried out using a grant under this section shall not exceed 75 percent of the total cost of the activity. (2) Public target range construction or expansion.-- The Federal share of the cost of acquiring land for, expanding, or constructing a public target range in a State on Federal or non-Federal land pursuant to this section or section 8(b) shall not exceed 90 percent of the cost of the activity. (c) Period of Availability; Reapportionment.-- (1) Period of availability.-- (A) In general.--Except as provided in subparagraph (B), amounts made available and apportioned for grants under this section shall remain available only for the fiscal year for which the amounts are apportioned. (B) Exception.--Amounts provided for acquiring land for, constructing, or expanding a public target range shall remain available for expenditure and obligation during the 5- fiscal-year period beginning on October 1 of the first fiscal year for which the amounts are made available. (2) Reapportionment.--At the end of the period of availability under paragraph (1), the Secretary of the Interior shall apportion amounts made available that have not been used to make grants under this section among the States described in subsection (a)(1)(B) for use by those States in accordance with this Act. SEC. 11. MULTISTATE CONSERVATION GRANT PROGRAM. (a) In General.-- (1) Amount for grants.--[Not more than] (A) In general._Not more than $3,000,000 of the revenues covered into the fund for a fiscal year shall be available to the Secretary of the Interior for making multistate conservation project grants in accordance with this section. (B) Availability for hunter and recreational shooter grants.--Not more than $5,000,000 of the revenues covered into the fund from any tax imposed under section 4161(b) of the Internal Revenue Code of 1986 for a fiscal year shall be available to the Secretary exclusively for making hunter recruitment and recreational shooter recruitment grants that promote a national hunting and shooting sport recruitment program, including related communication and outreach activities. (2) Period of availability; apportionment.-- (A) Period of availability.--Amounts made available under paragraph (1) shall remain available for making grants only for the first fiscal year for which the amount is made available and the following fiscal year. (B) Apportionment.--At the end of the period of availability under subparagraph (A), the Secretary of the Interior shall apportion any amounts that remain available among the States in the manner specified in section 4(b) for use by the States in the same manner as funds apportioned under section 4(b). (b) Selection of Projects.-- (1) States or entities to be benefited.--A project shall not be eligible for a grant under this section unless the project will benefit-- (A) at least 26 States; (B) a majority of the States in a region of the United States Fish and Wildlife Service; or (C) a regional association of State fish and game departments. (2) Use of submitted priority list of projects.--The Secretary of the Interior may make grants under this section only for projects identified on a priority list of wildlife restoration projects described in paragraph (3). (3) Priority list of projects.--A priority list referred to in paragraph (2) is a priority list of wildlife restoration projects that the [International] Association of Fish and Wildlife Agencies-- (A) prepares through a committee comprised of the heads of State fish and game departments (or their designees), in consultation with-- (i) nongovernmental organizations that represent conservation organizations; (ii) sportsmen organizations; and (iii) industries that support or promote hunting, trapping, recreational shooting, bow hunting, or archery; (B) approves by vote of a majority of the heads of State fish and game departments (or their designees); and (C) not later than October 1 of each fiscal year, submits to the Assistant Director for Wildlife and Sport Fish Restoration Programs. (4) Publication.--The Assistant Director for Wildlife and Sport Fish Restoration Programs shall publish in the Federal Register each priority list submitted under paragraph (3)(C). (c) Eligible Grantees.-- (1) In general.--The Secretary of the Interior may make a grant under this section only to-- (A) a State or group of States; (B) the United States Fish and Wildlife Service, or a State or group of States, for the purpose of carrying out the National Survey of Fishing, Hunting, and Wildlife-Associated Recreation; and (C) subject to paragraph (2), a nongovernmental organization. (2) Nongovernmental organizations.-- (A) In general.--Any nongovernmental organization that applies for a grant under this section shall submit with the application to the [International] Association of Fish and Wildlife Agencies a certification that the organization-- (i) will not use the grant funds to fund, in whole or in part, any activity of the organization that promotes or encourages opposition to the regulated hunting or trapping of wildlife or to recreational shooting activities; and (ii) will use the grant funds in compliance with subsection (d). (B) Penalties for certain activities.--Any nongovernmental organization that is found to use grant funds in violation of subparagraph (A) shall return all funds received under this section and be subject to any other applicable penalties under law. (d) Use of Grants.--A grant under this section shall not be used, in whole or in part, for an activity, project, or program that promotes or encourages opposition to the regulated hunting or trapping of wildlife or to recreational shooting activities. (e) Nonapplicability of Federal Advisory Committee Act.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to any activity carried out under this section. * * * * * * * Supplemental, Minority, Additional, or Dissenting Views None. [all]