[House Report 116-628]
[From the U.S. Government Publishing Office]
116th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 116-628
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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.
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\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.
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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\
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\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.
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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]