[House Report 117-359]
[From the U.S. Government Publishing Office]
117th Congress } { Report
HOUSE OF REPRESENTATIVES
2nd Session } { 117-359
======================================================================
RECOVERING AMERICA'S WILDLIFE ACT OF 2021
_______
June 9, 2022.--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
together with
DISSENTING VIEWS
[To accompany H.R. 2773]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 2773) to amend the Pittman-Robertson Wildlife
Restoration Act to make supplemental funds available for
management of fish and wildlife species of greatest
conservation need as determined by State fish and wildlife
agencies, and for other purposes, having considered the same,
reports favorably thereon with an amendment and recommends that
the bill as amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Recovering America's Wildlife Act of
2021''.
TITLE I--WILDLIFE CONSERVATION AND RESTORATION
SEC. 101. WILDLIFE CONSERVATION AND RESTORATION SUBACCOUNT.
(a) In General.--Section 3 of the Pittman-Robertson Wildlife
Restoration Act (16 U.S.C. 669b) is amended in subsection (c)--
(1) by redesignating paragraphs (2) and (3) as paragraphs
(10) and (11); and
(2) by striking paragraph (1) and inserting the following:
``(1) Establishment of subaccount.--
``(A) In general.--There is established in the fund a
subaccount to be known as the `Wildlife Conservation
and Restoration Subaccount' (referred to in this
section as the `Subaccount').
``(B) Availability.--Amounts in the Subaccount shall
be available without further appropriation, for each
fiscal year, for apportionment in accordance with this
Act.
``(C) Deposits into subaccount.--Beginning in fiscal
year 2022, the Secretary of the Treasury shall transfer
$1,300,000,000 from the general fund of the treasury
each fiscal year to the fund for deposit in the
Subaccount.
``(2) Supplement not supplant.--Amounts transferred to the
Subaccount shall supplement, but not replace, existing funds
available to the States from--
``(A) the funds distributed pursuant to the Dingell-
Johnson Sport Fish Restoration Act; and
``(B) the fund.
``(3) Innovation grants.--
``(A) In general.--The Secretary shall distribute 10
percent of funds apportioned from the Subaccount
through a competitive grant program to State fish and
wildlife departments, the District of Columbia fish and
wildlife department, fish and wildlife departments of
territories, or to regional associations of fish and
wildlife departments (or any group composed of more
than 1 such entity).
``(B) Purpose.--Such grants shall be provided for the
purpose of catalyzing innovation of techniques, tools,
strategies, or collaborative partnerships that
accelerate, expand, or replicate effective and
measurable recovery efforts for species of greatest
conservation need and species listed under the
Endangered Species Act of 1973 and the habitats of such
species.
``(C) Review committee.--The Secretary shall appoint
a review committee comprised of--
``(i) a State Director from each regional
association of State fish and wildlife
departments;
``(ii) the head of a department responsible
for fish and wildlife management in a
territory; and
``(iii) 4 individuals representing 4
different nonprofit organizations each of which
is actively participating in carrying out
wildlife conservation restoration activities
using funds apportioned from the Subaccount.
``(D) Support from united states fish and wildlife
service.--The United States Fish and Wildlife Service
shall provide any personnel or administrative support
services necessary for such Committee to carry out its
responsibilities under this Act.
``(E) Evaluation.--Such committee shall evaluate each
proposal submitted under this paragraph and recommend
projects for funding, giving preference to solutions
that accelerate the recovery of species identified as
priorities through regional scientific assessments of
species of greatest conservation need.
``(F) Special rule before disbursement of funds from
subaccount.--In any fiscal year that begins before the
first disbursement of funds from the Subaccount, any
nonprofit organization that actively participates in
carrying out wildlife conservation restoration
activities shall be deemed to fulfill the requirement
described in subparagraph (C)(iii).
``(4) Use of funds.--Funds apportioned from the Subaccount--
``(A) shall be used to implement the Wildlife
Conservation Strategy of a State, territory, or the
District of Columbia, as required under section 4(e),
by carrying out, revising, or enhancing existing
wildlife and habitat conservation and restoration
programs and developing and implementing new wildlife
conservation and restoration programs to recover and
manage species of greatest conservation need and the
key habitats and plant community types essential to the
conservation of those species as determined by the
appropriate State fish and wildlife department;
``(B) shall be used to develop, revise, and enhance
the Wildlife Conservation Strategy of a State,
territory, or the District of Columbia, as may be
required by this Act;
``(C) shall be used to assist in the recovery of
species found in the State, territory, or the District
of Columbia that are listed as endangered species,
threatened species, candidate species or species
proposed for listing, or species petitioned for listing
under the Endangered Species Act of 1973 or under State
law;
``(D) may be used for wildlife conservation education
and wildlife-associated recreation projects, especially
in historically underserved communities;
``(E) may be used to manage a species of greatest
conservation need whose range is shared with another
State, territory, Indian Tribe, or foreign government
and for the conservation of the habitat of such
species;
``(F) may be used to manage, control, and prevent
invasive species, disease, and other risks to species
of greatest conservation need; and
``(G) may be used for law enforcement activities that
are directly related to the protection and conservation
of a species of greatest conservation need and the
habitat of such species.
``(5) Minimum required spending for endangered species
recovery.--Not less than an average of 15 percent over a 5-year
period of amounts apportioned to a State, territory, or the
District of Columbia from the Subaccount shall be used for
purposes described in paragraph (4)(C). The Secretary may
reduce the minimum requirement of a State, territory, or the
District of Columbia on an annual basis if the Secretary
determines that the State, territory, or the District of
Columbia is meeting the conservation and recovery needs of all
species described in paragraph (4)(C).
``(6) Public access to private lands not required.--Funds
apportioned from the Subaccount shall not be conditioned upon
the provision of public access to private lands, waters, or
holdings.
``(7) Requirements for matching funds.--
``(A) For the purposes of the non-Federal fund
matching requirement for a wildlife conservation or
restoration program or project funded by the
Subaccount, a State, territory, or the District of
Columbia may use as matching non-Federal funds--
``(i) funds from Federal agencies other than
the Department of the Interior and the
Department of Agriculture;
``(ii) donated private lands and waters,
including privately owned easements;
``(iii) in circumstances described in
subparagraph (B), revenue generated through the
sale of State hunting and fishing licenses; and
``(iv) other sources consistent with part 80
of title 50, Code of Federal Regulations, in
effect on the date of enactment of the
Recovering America's Wildlife Act of 2021.
``(B) Revenue described in subparagraph (A)(iii) may
only be used to fulfill the requirements of such non-
Federal fund matching requirement if--
``(i) no Federal funds apportioned to the
State fish and wildlife department of such
State from the Wildlife Restoration Program or
the Sport Fish Restoration Program have been
reverted because of a failure to fulfill such
non-Federal fund matching requirement by such
State during the previous 2 fiscal years; and
``(ii) the project or program being funded
benefits the habitat of a hunted or fished
species and a species of greatest conservation
need.
``(8) Administrative costs.--Of the funds authorized under
this subsection, not more than 3 percent may be used by the
Secretary for administrative costs.
``(9) Definitions.--In this subsection, the following
definitions apply:
``(A) Partnerships.--The term `partnerships' may
include collaborative efforts with Federal agencies,
State agencies, local agencies, Indian Tribes,
nonprofit organizations, academic institutions,
industry groups, and private individuals to implement a
State's Wildlife Conservation Strategy.
``(B) Species of greatest conservation need.--The
term `species of greatest conservation need' may be
fauna or flora, and may include terrestrial, aquatic,
marine, and invertebrate species that are of low
population, declining, rare, or facing threats and in
need of conservation attention, as determined by each
State fish and wildlife department, with respect to
funds apportioned to such State.
``(C) Territory and territories.--The terms
`territory' and `territories' mean the Commonwealths of
Puerto Rico and the Northern Mariana Islands, and the
territories of Guam, the United States Virgin Islands,
and American Samoa.
``(D) Wildlife.--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.''.
(b) Oversight and Accountability.--Section 3 of the Pittman-Robertson
Wildlife Restoration Act (16 U.S.C. 669b) is amended by adding at the
end the following:
``(e) To the Office of Inspector General, for the purposes of
oversight and accountability with respect to the expenditure of funds
authorized under subsection (c), there is authorized to be
appropriated, until September 30, 2029, \1/2\ of 1 percent of the
amounts made available under such subsection.''.
(c) Allocation and Apportionment of Available Amounts.--Section 4 of
the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669c) is
amended--
(1) in subsection (d)--
(A) in paragraph (1)--
(i) in subparagraph (A), by striking ``to the
District of Columbia and to the Commonwealth of
Puerto Rico, each'' and inserting ``To the
District of Columbia'';
(ii) in subparagraph (B)--
(I) by striking ``to Guam'' and
inserting ``To Guam''; and
(II) by striking ``not more than one-
fourth of 1 percent'' and inserting
``not less than \1/3\ of 1 percent'';
and
(iii) by adding at the end the following:
``(C) To the Commonwealth of Puerto Rico, a sum equal
to not less than 1 percent thereof.'';
(B) in paragraph (2)(A)--
(i) by amending clause (i) to read as
follows:
``(i) \1/2\ of which is based on the ratio to which
the land and water area of such State bears to the
total land and water area of all such States;'';
(ii) in clause (ii)--
(I) by striking ``two-thirds'' and
inserting ``\1/4\''; and
(II) by striking the period and
inserting ``; and''; and
(iii) by adding at the end the following:
``(iii) \1/4\ of which is based upon the ratio to
which the number of species listed as endangered or
threatened under the Endangered Species Act of 1973 in
such State bears to the total number of such species
listed in all such States.'';
(C) by amending paragraph (2)(B) to read as follows:
``(B) The amounts apportioned under this paragraph
shall be adjusted equitably so that no such State,
unless otherwise designated, shall be apportioned a sum
which is less than 1 percent or more than 5 percent of
the amount available for apportionment under--
``(i) subparagraph (A)(i);
``(ii) subparagraph (A)(ii); and
``(iii) the overall amount available for
subparagraph (A).''; and
(D) in paragraph (3), by striking ``3 percent'' and
inserting ``1.85 percent''; and
(2) in subsection (e)(4)--
(A) by amending subparagraph (B) to read as follows:
``(B) Not more than an average of 15 percent over a 5-year
period of amounts apportioned to each State, territory, or the
District of Columbia under this section for a wildlife
conservation and restoration program may be used for wildlife
conservation education and wildlife-associated recreation.'';
and
(B) by adding at the end the following:
``(C) $55 million shall be reserved for States and
territories that include plants among their species of greatest
conservation need and in the conservation planning and habitat
prioritization efforts of their Wildlife Conservation Strategy.
Each eligible State, territory, or the District of Columbia
shall receive an additional 5 percent of their apportioned
amount. Any unallocated resources shall be allocated
proportionally among all States and territories under the
formulas of this section.''; and
(3) by adding at the end following:
``(f) Minimization of Planning and Reporting.--Nothing in this Act
shall be interpreted to require a State to create a comprehensive
strategy related to conservation education or outdoor recreation.
``(g) Accountability.--Not more than 1 year after the date of
enactment of the Recovering America's Wildlife Act of 2021 and every 3
years thereafter, each State fish and wildlife department of a State or
territory that receives funding under subsection (c) shall submit a 3-
year work plan and budget for implementing its Wildlife Conservation
Strategy and a report describing the results derived from activities
accomplished under subsection (c)(4) during the previous 3 years to--
``(1) the Committee on Environment and Public Works of the
Senate;
``(2) the Committee on Natural Resources of the House of
Representatives; and
``(3) the United States Fish and Wildlife Service.''.
SEC. 102. TECHNICAL AMENDMENTS.
(a) Definitions.--Section 2 of the Pittman-Robertson Wildlife
Restoration Act (16 U.S.C. 669a) is amended--
(1) in paragraph (7), by striking ``including fish,''; and
(2) in paragraph (9)--
(A) by striking ``304(d)'' and inserting ``4(d)'';
and
(B) by inserting ``Indian Tribes, academic
institutions,'' before ``wildlife conservation
organizations''.
(b) Conforming Amendments.--The Pittman-Robertson Wildlife
Restoration Act (16 U.S.C. 669a et seq.) is amended--
(1) in section 3 (16 U.S.C. 669b)--
(A) in subsection (a)--
(i) by striking ``(1) An amount equal to''
and inserting ``An amount equal to''; and
(ii) by striking paragraph (2);
(B) in subsection (c)--
(i) in paragraph (10), as redesignated by
section 101(a)(1), by striking ``or an Indian
tribe''; and
(ii) in paragraph (11), as redesignated by
section 101(a)(1), by striking ``Wildlife
Conservation and Restoration Account'' and
inserting ``Subaccount''; and
(C) in subsection (d), by striking ``Wildlife
Conservation and Restoration Account'' and inserting
``Subaccount'';
(2) in section 4 (16 U.S.C. 669c)--
(A) in subsection (d)--
(i) in the heading, by striking ``Account''
and inserting ``Subaccount''; and
(ii) by striking ``Account'' each place it
appears and inserting ``Subaccount''; and
(B) in subsection (e)(1), by striking ``Account'' and
inserting ``Subaccount''; and
(3) in section 8 (16 U.S.C. 669g), in subsection (a), by
striking ``Account'' and inserting ``Subaccount''.
SEC. 103. SAVINGS CLAUSE.
The Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669 et
seq.) is amended--
(1) by redesignating section 13 as section 15; and
(2) by inserting after section 12 the following:
``SEC. 13. SAVINGS CLAUSE.
``Nothing in this Act shall be construed to enlarge or diminish the
authority, jurisdiction, or responsibility of a State to manage,
control, or regulate fish and wildlife under the law and regulations of
the State on lands and waters within the State, including on Federal
lands and waters.
``SEC. 14. STATUTORY CONSTRUCTION WITH RESPECT TO ALASKA.
``If any conflict arises between any provision of this Act and any
provision of the Alaska National Interest Lands Conservation Act or the
Alaska Native Claims Settlement Act, then the provision in the Alaska
National Interest Lands Conservation Act or the Alaska Native Claims
Settlement Act shall prevail.''.
TITLE II--TRIBAL WILDLIFE CONSERVATION AND RESTORATION
SEC. 201. INDIAN TRIBES.
(a) Definitions.--In this section:
(1) Account.--The term ``Account'' means the Tribal Wildlife
Conservation and Restoration Account established by subsection
(b)(1).
(2) Indian tribe.--The term ``Indian Tribe'' has the meaning
given such term in section 4 of the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 5304).
(3) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(4) Tribal species of greatest conservation need.--The term
``Tribal species of greatest conservation need'' means any
species identified by an Indian Tribe as requiring conservation
management because of declining population, habitat loss, or
other threats, or because of their biological or cultural
importance to such Tribe.
(5) Wildlife.--The term ``wildlife'' means--
(A) any species of wild flora or fauna including fish
and marine mammals;
(B) flora or fauna in a captive breeding,
rehabilitation, and holding or quarantine program, the
object of which is to reintroduce individuals of a
depleted indigenous species into previously occupied
range or to maintain a species for conservation
purposes; and
(C) does not include game farm animals.
(b) Tribal Wildlife Conservation and Restoration Account.--
(1) In general.--There is established in the Treasury an
account to be known as the ``Tribal Wildlife Conservation and
Restoration Account''.
(2) Availability.--Amounts in the Account shall be available
for each fiscal year without further appropriation for
apportionment in accordance with this title.
(3) Deposits.--Beginning in fiscal year 2022, and each fiscal
year thereafter, the Secretary of the Treasury shall transfer
$97,500,000 to the Account.
(c) Distribution of Funds to Indian Tribes.--Each fiscal year, the
Secretary of the Treasury shall deposit funds into the Account and
distribute such funds through a noncompetitive application process
according to guidelines and criteria, and reporting requirements
determined by the Secretary of the Interior, acting through the
Director of the Bureau of Indian Affairs, in consultation with Indian
Tribes. Such funds shall remain available until expended.
(d) Wildlife Management Responsibilities.--The distribution
guidelines and criteria described in subsection (c) shall be based, in
part, upon an Indian Tribe's wildlife management responsibilities. Any
funding allocated to Indian Tribes in Alaska may only be used in a
manner consistent with the Alaska Native Claims Settlement Act, the
Alaska National Interest Lands Conservation Act, and the Alaska
Statehood Act. Alaska Native Corporations or Tribes may enter into
cooperative agreements with the State of Alaska on conservation
projects of mutual concern.
(e) Use of Funds.--
(1) In general.--Except as provided in paragraph (2), the
Secretary may distribute funds from the Account to an Indian
Tribe for any of the following purposes:
(A) To develop, carry out, revise, or enhance
wildlife conservation and restoration programs to
manage Tribal species of greatest conservation need and
the habitats of such species as determined by the
Indian Tribe.
(B) To assist in the recovery of species listed as an
endangered or threatened species under the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.).
(C) For wildlife conservation education and wildlife-
associated recreation projects.
(D) To manage a Tribal species of greatest
conservation need and the habitat of such species, the
range of which may be shared with a foreign country,
State, or other Indian Tribe.
(E) To manage, control, and prevent invasive species
as well as diseases and other risks to wildlife.
(F) For law enforcement activities that are directly
related to the protection and conservation of wildlife.
(G) To develop, revise, and implement comprehensive
wildlife conservation strategies and plans for such
Tribe.
(H) For the hiring and training of wildlife
conservation and restoration program staff.
(2) Conditions on the use of funds.--
(A) Required use of funds.--In order to be eligible
to receive funds under subsection (c), a Tribe's
application must include a proposal to use funds for at
least 1 of the purposes described in subparagraphs (A)
and (B) of paragraph (1).
(B) Imperiled species recovery.--In distributing
funds under this section, the Secretary shall
distribute not less than 15 percent of the total funds
distributed to proposals to fund the recovery of a
species, subspecies, or distinct population segment
listed as a threatened species, endangered species, or
candidate species under the Endangered Species Act of
1973 (16 U.S.C. 1531 et seq.) or Tribal law.
(C) Limitation.--In distributing funds under this
section, the Secretary shall distribute not more than
15 percent of all funds distributed under this section
for the purpose described in paragraph (1)(C).
(f) No Matching Funds Required.--No Indian Tribe shall be required to
provide matching funds to be eligible to receive funds under this Act.
(g) Public Access Not Required.--Funds apportioned from the Tribal
Wildlife Conservation and Restoration Account shall not be conditioned
upon the provision of public or non-Tribal access to Tribal or private
lands, waters, or holdings.
(h) Administrative Costs.--Of the funds deposited under subsection
(b)(3) for each fiscal year, not more than 3 percent shall be used by
the Secretary for administrative costs.
(i) Oversight and Accountability.--To the Office of Inspector
General, for the purposes of oversight and accountability with respect
to the expenditure of funds authorized under this title, there is
authorized to be appropriated, until September 30, 2029, \1/2\ of 1
percent of the amounts made available under this title.
(j) Savings Clause.--Nothing in this Act shall be construed as
modifying or abrogating a treaty with any Indian Tribe, or as enlarging
or diminishing the authority, jurisdiction, or responsibility of an
Indian Tribe to manage, control, or regulate wildlife. If any conflict
arises between any provision of this Act and any provision of the
Alaska National Interest Lands Conservation Act or the Alaska Native
Claims Settlement Act, then the provision in the Alaska National
Interest Lands Conservation Act or the Alaska Native Claims Settlement
Act shall prevail.
Purpose of the Bill
The purpose of H.R. 2773 is to amend the Pittman-Robertson
Wildlife Restoration Act to make supplemental funds available
for management of fish and wildlife species of greatest
conservation need as determined by state fish and wildlife
agencies.
Background and Need for Legislation
America's wildlife face numerous threats, including habitat
loss and fragmentation, climate change, invasive species, and
emerging diseases. For example, a 2019 report in the journal
Science estimated that North American bird populations have
declined by nearly three billion or 29% since 1970.\1\
Additionally, Chronic Wasting Disease, a fatal disease to North
America's deer, elk, and moose, has spread to 25 states, posing
significant risks to those populations.\2\ About 40% of
America's freshwater fish species are rare or imperiled due to
diminished water quality, over-fishing, and aquatic invasive
species.\3\
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\1\Daley. 2019. ``Silent Skies: Billions of North American Birds
Have Vanished.'' https://www.scientificamerican.com/article/silent-
skies-billions-of-north-american-birds-have-vanished/.
\2\CDC. January 2021. ``Chronic Wasting Disease.'' https://
www.cdc.gov/prions/cwd/occurrence.html.
\3\McCormick. 2018. ``One-Third of American Wildlife at Increased
Risk of Extinction.'' https://www.nwf.org/Latest-News/Press-Releases/
2018/03-29-18-Wildlife-Crisis-Report.
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In the United States, states, territories, and tribes carry
out most wildlife management and conservation. Most of the
funding comes 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. However, non-hunted
species do not have a similar conservation funding stream. To
qualify for funds, states, territories, and the District of
Columbia must draft their own Wildlife Action Plans, which FWS
approves.\4\
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\4\Crafton, R. Eliot. CRS Report. Pittman-Robertson Wildlife
Restoration Act: Understanding Apportionments for States and
Territories. April 5, 2019. https://www.crs.gov/reports/pdf/R45667.
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H.R. 2773 amends the Pittman-Robertson Act to provide an
additional $1.3975 billion per year to assist states,
territories, and tribes in conserving, restoring, and
protecting wildlife and wildlife habitat. The $1.3 billion per
year would be distributed in the following manner:
10% for a competitive grant program to spur
innovative tools, techniques, strategies, and
partnerships that effectively recover species and their
habitats.
90% apportioned to the states and
territories to carry out wildlife conservation and
habitat restoration activities focused on species of
greatest conservation need and update and carry out
wildlife conservation plans. Funds may also be used to
combat invasive species, engage in law enforcement
activities directly related to conservation, carry out
education and recreational programs associated with
wildlife, and coordinate with other states,
territories, and tribes. In addition, $55 million is
reserved for states and territories that include plants
among their species of greatest conservation need and
in their Wildlife Conservation Strategy. Recipients of
these funds must spend at least 15% on species listed
under the Endangered Species Act. ``Species of greatest
conservation need'' is defined by each state and
territory. The bill also amends apportionment ratios
under the Pittman-Robertson Act, accounting for the
size and population of the state and the number of
endangered species in the state.
In addition, this bill requires each state to report to
Congress every three years on funded activities.
The bill makes technical corrections to the Pittman-
Robertson Wildlife Restoration Act. It adds a savings clause
clarifying that nothing in the Pittman-Robertson Act interferes
with state authorities to manage wildlife and that nothing
overrides the State of Alaska's authorities under the Alaska
National Interest Lands Conservation Act.
The bill also establishes a $97.5 million annual
noncompetitive Tribal Wildlife Conservation and Restoration
grant program to assist tribes in carrying out wildlife
conservation and habitat restoration activities, updating
wildlife conservation plans, combating invasive species,
engaging in law enforcement activities directly related to
conservation, carrying out education and recreational programs
associated with wildlife, and coordinating with other states,
territories, and tribes. At least 15% of the funds must be
spent on recovering species listed under the ESA or considered
threatened or endangered under tribal law.
Committee Action
H.R. 2773 was introduced on April 22, 2021, by
Representative Debbie Dingell (D-MI). The bill was referred
solely to the Committee on Natural Resources, and within the
Committee to the Subcommittee on Water, Oceans, and Wildlife
and the Subcommittee for Indigenous Peoples of the United
States. On July 29, 2021, the Subcommittee on Water, Oceans,
and Wildlife held a hearing on the bill. On January 19, 2022,
the Natural Resources Committee met to consider the bill. The
Subcommittees were discharged by unanimous consent. Chair Raul
M. Grijalva (D-AZ) offered an amendment in the nature of a
substitute. Rep. Russ Fulcher (R-ID) offered an amendment
designated Fulcher #14 to the amendment in the nature of a
substitute. The amendment was not agreed to by a roll call vote
of 17 yeas and 25 nays,\5\ as follows:
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\5\During the markup, the total on this vote was announced
incorrectly. The numbers above and in the clerk's tally sheet above
accord with the clerk's roll call.
Rep. Fulcher offered an amendment designated Fulcher #15 to
the amendment in the nature of a substitute. The amendment was
not agreed to by a roll call vote of 18 yeas and 25 nays, as
follows:
Rep. Matt Rosendale (R-MT) offered an amendment designated
Rosendale #1 to the amendment in the nature of a substitute.
The amendment was not agreed to by a roll call vote of 18 yeas
and 25 nays, as follows:
Rep. Rosendale offered an amendment designated Rosendale #2
to the amendment in the nature of a substitute. The amendment
was not agreed to by a roll call vote of 20 yeas and 24 nays,
as follows:
Rep. Rosendale offered an amendment designated Rosendale #3
to the amendment in the nature of a substitute. The amendment
was not agreed to by a roll call vote of 18 yeas and 25 nays,
as follows:
Rep. Rosendale offered an amendment designated Rosendale #4
to the amendment in the nature of a substitute. The amendment
was not agreed to by a roll call vote of 19 yeas and 24 nays,
as follows:
Rep. Cliff Bentz (R-OR) offered an amendment designated
Bentz #4 to the amendment in the nature of a substitute. The
amendment was agreed to by voice vote. Rep. Bentz offered an
amendment designated Bentz #3 to the amendment in the nature of
a substitute. The amendment was not agreed to by a roll call
vote of 19 yeas to 25 nays, as follows:
Rep. Lauren Boebert (R-CO) offered an amendment designated
Boebert #2 to the amendment in the nature of a substitute. The
amendment was not agreed to by a roll call vote of 19 yeas and
25 nays, as follows:
Ranking Member Bruce Westerman (R-AR) offered an amendment
designated Westerman #5 to the amendment in the nature of a
substitute. The amendment was not agreed to by a roll call vote
of 17 yeas and 25 nays, as follows:
Rep. Dingell offered an amendment designated Dingell #204
to the amendment in the nature of a substitute. The amendment
was agreed to by voice vote. Rep. Tom Tiffany (R-WI) offered an
amendment designated Tiffany #03 to the amendment in the nature
of a substitute. The amendment was agreed to by voice vote.
Ranking Member Westerman offered an amendment designated
Westerman #6 to the amendment in the nature of a substitute.
The amendment was not agreed to by voice vote. Ranking Member
Westerman offered an amendment designated Westerman #7 to the
amendment in the nature of a substitute. The amendment was not
agreed to by a roll call vote of 17 yeas and 25 nays, as
follows:
Rep. Yvette Herrell (R-NM) offered an amendment designated
Herrell #2773_ESA to the amendment in the nature of a
substitute. The amendment was not agreed to by voice vote. The
amendment in the nature of a substitute, as amended, was agreed
to by voice vote. The bill, as amended, was adopted and ordered
favorably reported to the House of Representatives by a roll
call vote 29 yeas and 15 nays, as follows:
Hearings
For the purposes of clause 3(c)(6) of House rule XIII, the
following hearing was used to develop or consider this measure:
hearing by the Subcommittee on Water, Oceans, and Wildlife held
on July 29, 2021.
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 make supplemental funds available
for management of fish and wildlife species of greatest
conservation need as determined by state fish and wildlife
agencies.
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.
Federal Advisory Committee Act Statement
Section 101(a) of the bill, as reported, would require the
Secretary to appoint a review committee. In reporting the bill
favorably to the House of Representatives, the Committee on
Natural Resources finds that these functions would be better
performed by the proposed review committee than by one or more
agencies or an existing advisory 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 Wildlife Restoration and
Basic Hunter Education (CFDA No. 15.611) modified by this bill
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),
Cooperative Endangered Species Conservation Fund (CFDA No.
15.615), and Enhanced Hunter Education and Safety (CFDA No.
15.626). The Tribal Wildlife Conservation and Restoration
program authorized by Section 201 of the bill, as reported, 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: Partners for Fish and Wildlife (CFDA No. 15.631) and
Tribal Wildlife Grants (CFDA No. 15.639).
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
* * * * * * *
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;
(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;
(5) the term ``Secretary'' means the Secretary of the
Interior;
(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.
(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;
(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;
(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)] 4(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), Indian Tribes, academic
institutions, wildlife conservation organizations, and
outdoor recreation and conservation education entities
from funds apportioned under this title, and
maintenance of such projects;
(10) the term ``wildlife conservation education''
means projects, including public outreach, intended to
foster responsible natural resource stewardship; and
(11) 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] 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)).]
(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.]
(1) Establishment of subaccount.--
(A) In general.--There is established in the
fund a subaccount to be known as the ``Wildlife
Conservation and Restoration Subaccount''
(referred to in this section as the
``Subaccount'').
(B) Availability.--Amounts in the Subaccount
shall be available without further
appropriation, for each fiscal year, for
apportionment in accordance with this Act.
(C) Deposits into subaccount.--Beginning in
fiscal year 2022, the Secretary of the Treasury
shall transfer $1,300,000,000 from the general
fund of the treasury each fiscal year to the
fund for deposit in the Subaccount.
(2) Supplement not supplant.--Amounts transferred to
the Subaccount shall supplement, but not replace,
existing funds available to the States from--
(A) the funds distributed pursuant to the
Dingell-Johnson Sport Fish Restoration Act; and
(B) the fund.
(3) Innovation grants.--
(A) In general.--The Secretary shall
distribute 10 percent of funds apportioned from
the Subaccount through a competitive grant
program to State fish and wildlife departments,
the District of Columbia fish and wildlife
department, fish and wildlife departments of
territories, or to regional associations of
fish and wildlife departments (or any group
composed of more than 1 such entity).
(B) Purpose.--Such grants shall be provided
for the purpose of catalyzing innovation of
techniques, tools, strategies, or collaborative
partnerships that accelerate, expand, or
replicate effective and measurable recovery
efforts for species of greatest conservation
need and species listed under the Endangered
Species Act of 1973 and the habitats of such
species.
(C) Review committee.--The Secretary shall
appoint a review committee comprised of--
(i) a State Director from each
regional association of State fish and
wildlife departments;
(ii) the head of a department
responsible for fish and wildlife
management in a territory; and
(iii) 4 individuals representing 4
different nonprofit organizations each
of which is actively participating in
carrying out wildlife conservation
restoration activities using funds
apportioned from the Subaccount.
(D) Support from united states fish and
wildlife service.--The United States Fish and
Wildlife Service shall provide any personnel or
administrative support services necessary for
such Committee to carry out its
responsibilities under this Act.
(E) Evaluation.--Such committee shall
evaluate each proposal submitted under this
paragraph and recommend projects for funding,
giving preference to solutions that accelerate
the recovery of species identified as
priorities through regional scientific
assessments of species of greatest conservation
need.
(F) Special rule before disbursement of funds
from subaccount.--In any fiscal year that
begins before the first disbursement of funds
from the Subaccount, any nonprofit organization
that actively participates in carrying out
wildlife conservation restoration activities
shall be deemed to fulfill the requirement
described in subparagraph (C)(iii).
(4) Use of funds.--Funds apportioned from the
Subaccount--
(A) shall be used to implement the Wildlife
Conservation Strategy of a State, territory, or
the District of Columbia, as required under
section 4(e), by carrying out, revising, or
enhancing existing wildlife and habitat
conservation and restoration programs and
developing and implementing new wildlife
conservation and restoration programs to
recover and manage species of greatest
conservation need and the key habitats and
plant community types essential to the
conservation of those species as determined by
the appropriate State fish and wildlife
department;
(B) shall be used to develop, revise, and
enhance the Wildlife Conservation Strategy of a
State, territory, or the District of Columbia,
as may be required by this Act;
(C) shall be used to assist in the recovery
of species found in the State, territory, or
the District of Columbia that are listed as
endangered species, threatened species,
candidate species or species proposed for
listing, or species petitioned for listing
under the Endangered Species Act of 1973 or
under State law;
(D) may be used for wildlife conservation
education and wildlife-associated recreation
projects, especially in historically
underserved communities;
(E) may be used to manage a species of
greatest conservation need whose range is
shared with another State, territory, Indian
Tribe, or foreign government and for the
conservation of the habitat of such species;
(F) may be used to manage, control, and
prevent invasive species, disease, and other
risks to species of greatest conservation need;
and
(G) may be used for law enforcement
activities that are directly related to the
protection and conservation of a species of
greatest conservation need and the habitat of
such species.
(5) Minimum required spending for endangered species
recovery.--Not less than an average of 15 percent over
a 5-year period of amounts apportioned to a State,
territory, or the District of Columbia from the
Subaccount shall be used for purposes described in
paragraph (4)(C). The Secretary may reduce the minimum
requirement of a State, territory, or the District of
Columbia on an annual basis if the Secretary determines
that the State, territory, or the District of Columbia
is meeting the conservation and recovery needs of all
species described in paragraph (4)(C).
(6) Public access to private lands not required.--
Funds apportioned from the Subaccount shall not be
conditioned upon the provision of public access to
private lands, waters, or holdings.
(7) Requirements for matching funds.--
(A) For the purposes of the non-Federal fund
matching requirement for a wildlife
conservation or restoration program or project
funded by the Subaccount, a State, territory,
or the District of Columbia may use as matching
non-Federal funds--
(i) funds from Federal agencies other
than the Department of the Interior and
the Department of Agriculture;
(ii) donated private lands and
waters, including privately owned
easements;
(iii) in circumstances described in
subparagraph (B), revenue generated
through the sale of State hunting and
fishing licenses; and
(iv) other sources consistent with
part 80 of title 50, Code of Federal
Regulations, in effect on the date of
enactment of the Recovering America's
Wildlife Act of 2021.
(B) Revenue described in subparagraph
(A)(iii) may only be used to fulfill the
requirements of such non-Federal fund matching
requirement if--
(i) no Federal funds apportioned to
the State fish and wildlife department
of such State from the Wildlife
Restoration Program or the Sport Fish
Restoration Program have been reverted
because of a failure to fulfill such
non-Federal fund matching requirement
by such State during the previous 2
fiscal years; and
(ii) the project or program being
funded benefits the habitat of a hunted
or fished species and a species of
greatest conservation need.
(8) Administrative costs.--Of the funds authorized
under this subsection, not more than 3 percent may be
used by the Secretary for administrative costs.
(9) Definitions.--In this subsection, the following
definitions apply:
(A) Partnerships.--The term ``partnerships''
may include collaborative efforts with Federal
agencies, State agencies, local agencies,
Indian Tribes, nonprofit organizations,
academic institutions, industry groups, and
private individuals to implement a State's
Wildlife Conservation Strategy.
(B) Species of greatest conservation need.--
The term `species of greatest conservation
need' may be fauna or flora, and may include
terrestrial, aquatic, marine, and invertebrate
species that are of low population, declining,
rare, or facing threats and in need of
conservation attention, as determined by each
State fish and wildlife department, with
respect to funds apportioned to such State.
(C) Territory and territories.--The terms
``territory'' and ``territories'' mean the
Commonwealths of Puerto Rico and the Northern
Mariana Islands, and the territories of Guam,
the United States Virgin Islands, and American
Samoa.
(D) Wildlife.--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.
[(2)] (10) 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,
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)] (11) Priority for funding from the [Wildlife
Conservation and Restoration Account] Subaccount 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] Subaccount, 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.
(e) To the Office of Inspector General, for the purposes of
oversight and accountability with respect to the expenditure of
funds authorized under subsection (c), there is authorized to
be appropriated, until September 30, 2029, \1/2\ of 1 percent
of the amounts made available under such subsection.
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 the fiscal year that includes
the date of enactment of the Surface
Transportation Reauthorization Act of
2021, the sum obtained by adding--
(I) the available amount
specified in this subparagraph
for the preceding fiscal year;
and
(II) $979,500; and
(ii) for each fiscal year thereafter,
the sum obtained by adding--
(I) the available amount
specified in this subparagraph
for the preceding fiscal year;
and
(II) the product obtained by
multiplying--
(aa) the available
amount specified in
this subparagraph 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
subsequent fiscal year.
(B) Apportionment of unobligated amounts.--
(i) In general.--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 remained available for obligation
pursuant to subparagraph (A) during
that fiscal year and remains
unobligated at the end of that fiscal
year.
(ii) Requirement.--The available
amount apportioned under clause (i)
shall be apportioned on the same basis
and in the same manner as other amounts
made available under this Act were
apportioned among the States for the
fiscal year in which the amount was
originally made available.
(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.--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.
(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.
(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.
(d) Apportionment of Wildlife Conservation and Restoration
[Account] Subaccount.--
(1) The Secretary of the Interior shall make the
following apportionment from the Wildlife Conservation
and Restoration [Account] Subaccount:
(A) [to the District of Columbia and to the
Commonwealth of Puerto Rico, each] To the
District of Columbia a sum equal to not more
than one-half of 1 percent thereof.
(B) [to Guam] 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] not
less than 1/3 of 1 percent thereof.
(C) To the Commonwealth of Puerto Rico, a sum
equal to not less than 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] Subaccount 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]
(i) \1/2\ of which is based on the ratio to
which the land and water area of such State
bears to the total land and water area of all
such States;
(ii) [two-thirds] \1/4\ of which is based on
the ratio to which the population of such State
bears to the total population of all such
States[.]; and
(iii) \1/4\ of which is based upon the ratio
to which the number of species listed as
endangered or threatened under the Endangered
Species Act of 1973 in such State bears to the
total number of such species listed in 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.]
(B) The amounts apportioned under this
paragraph shall be adjusted equitably so that
no such State, unless otherwise designated,
shall be apportioned a sum which is less than 1
percent or more than 5 percent of the amount
available for apportionment under--
(i) subparagraph (A)(i);
(ii) subparagraph (A)(ii); and
(iii) the overall amount available
for subparagraph (A).
(3) Of the amounts transferred to the Wildlife
Conservation and Restoration [Account] Subaccount, not
to exceed [3 percent] 1.85 percent shall be available
for any Federal expenses incurred in the administration
and execution of programs carried out with such
amounts.
(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] Subaccount, 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 (d), as redesignated 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.]
(B) Not more than an average of 15 percent over a 5-
year period of amounts apportioned to each State,
territory, or the District of Columbia under this
section for a wildlife conservation and restoration
program may be used for wildlife conservation education
and wildlife-associated recreation.
(C) $55 million shall be reserved for States and
territories that include plants among their species of
greatest conservation need and in the conservation
planning and habitat prioritization efforts of their
Wildlife Conservation Strategy. Each eligible State,
territory, or the District of Columbia shall receive an
additional 5 percent of their apportioned amount. Any
unallocated resources shall be allocated proportionally
among all States and territories under the formulas of
this section.
(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.
(f) Minimization of Planning and Reporting.--Nothing in this
Act shall be interpreted to require a State to create a
comprehensive strategy related to conservation education or
outdoor recreation.
(g) Accountability.--Not more than 1 year after the date of
enactment of the Recovering America's Wildlife Act of 2021 and
every 3 years thereafter, each State fish and wildlife
department of a State or territory that receives funding under
subsection (c) shall submit a 3-year work plan and budget for
implementing its Wildlife Conservation Strategy and a report
describing the results derived from activities accomplished
under subsection (c)(4) during the previous 3 years to--
(1) the Committee on Environment and Public Works of
the Senate;
(2) the Committee on Natural Resources of the House
of Representatives; and
(3) the United States Fish and Wildlife Service.
* * * * * * *
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) of wildlife areas and resources. Funds from
the Wildlife Conservation and Restoration [Account] Subaccount
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.
(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. 12. The Secretary of Agriculture is authorized to make
rules and regulations for carrying out the provisions of this
Act.
SEC. 13. SAVINGS CLAUSE.
Nothing in this Act shall be construed to enlarge or diminish
the authority, jurisdiction, or responsibility of a State to
manage, control, or regulate fish and wildlife under the law
and regulations of the State on lands and waters within the
State, including on Federal lands and waters.
SEC. 14. STATUTORY CONSTRUCTION WITH RESPECT TO ALASKA.
If any conflict arises between any provision of this Act and
any provision of the Alaska National Interest Lands
Conservation Act or the Alaska Native Claims Settlement Act,
then the provision in the Alaska National Interest Lands
Conservation Act or the Alaska Native Claims Settlement Act
shall prevail.
SEC. [13.] 15. VALUE OF LAND.
Notwithstanding any other provision of law, any institution
eligible to receive Federal funds under the Agricultural
Research, Extension, and Education Reform Act of 1998 (7 U.S.C.
7601 et seq.) shall be allowed to use the value of any land
owned by the institution as an in-kind match to satisfy any
cost sharing requirement under this Act.
* * * * * * *
DISSENTING VIEWS
H.R. 2773 would direct funding to state and tribal fish and
wildlife departments to help them develop and implement
Wildlife Conservation Strategies with the goal of recovering
species listed under the Endangered Species Act (ESA; 16 U.S.C.
1531 et seq.) and preventing at-risk species from being listed.
While states and tribes generally do a better job of
managing fish and wildlife and conserving habitat than federal
agencies and are more accountable to the people than the
federal government, this bill has significant fiscal and other
issues. Unfortunately, the Democrat Majority blocked Republican
efforts to resolve these issues at the committee level.
Therefore, while well-intended, we oppose this bill as passed
out of the Committee on Natural Resources.
At a time when our national debt continues to balloon and
inflation rises because of reckless government spending pushed
forward last year by the Majority, the unchecked mandatory
spending in this bill will make these matters worse.
Specifically, the bill would divert $1.4 billion annually from
the U.S. Treasury without any offsets. Republican amendments to
provide offsets or make funding accountable to the annual
appropriations process were met with universal opposition from
the Majority.
In addition, the bill lacks a sunset provision, which would
provide Congress the opportunity to evaluate and make necessary
changes to this program as it develops. That means $1.4 billion
would be siphoned off from the Treasury every year for infinity
without any mechanism to ensure fiscal accountability. Although
the bill would require that the states submit wildlife action
plans along with reports every three years to account for their
past and future spending under the bill, it does little to help
Congress understand whether this program is working as it is
intended. It is good government to ensure that any spending
program is working and is being used as Congress intended, and
this bill lacks any such controls. Again, the Majority
universally opposed Republican amendment efforts to insert a
sunset and basic accountability mechanisms in this bill.
In addition, this bill is yet another attempt by the
Majority to focus on spending taxpayer money as THE solution to
addressing endangered species issues. As many localities,
landowners and those who depend on the multiple uses of our
federal lands, waters and projects know, the ESA needs to be
modernized to benefit both species and people. The ESA, which
has not been updated since 1988, has been hijacked by
litigation and special interests. For example, the San Joaquin
Valley of California has experienced manmade drought and
massive unemployment due to endangered species-based litigation
and regulation associated with the three-inch Delta smelt,
which continues to decline despite receiving billions of
gallons of water diverted from farms and cities. With few
exceptions, species are not recovered, and communities suffer
from an inflexible, litigation-laden law. The Majority has
repeatedly turned a blind eye to the need for ESA modernization
and blocked Republican efforts to insert common sense ESA
reforms into this bill at markup.
While we have undertaken repeated, good-faith efforts to
improve H.R. 2773, the Majority has ignored our concerns by
attempting to move this bill in the full House without
resolution on the above issues. Because of this, I opposed H.R.
2773 at our markup and will continue to do so until these
concerns have been addressed.
Bruce Westerman.
[all]