[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\
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    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:
---------------------------------------------------------------------------
    \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]