[Senate Report 117-135]
[From the U.S. Government Publishing Office]


                                                      Calendar No. 354
117th Congress     }                                    {       Report
                                 SENATE
 2d Session        }                                    {      117-135

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



 
             THE RECOVERING AMERICA'S WILDLIFE ACT OF 2021

                                _______
                                

                 August 2, 2022.--Ordered to be printed

                                _______
                                

    Mr. Carper, from the Committee on Environment and Public Works, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 2372]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Environment and Public Works, to which was 
referred the bill (S. 2372) 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 in the nature of a 
substitute and recommends that the bill, as amended, do pass.

                           General Statement

    The Recovering America's Wildlife Act, as introduced, would 
amend the Pittman-Robertson Wildlife Restoration Act to provide 
permanent dedicated funding to states and tribes for wildlife 
conservation. Specifically, the bill would provide $1.3 billion 
annually to States for the implementation of State Wildlife 
Action Plans and $97.5 million annually to Tribal agencies to 
work on the recovery of at-risk species. The bill requires at 
least 15 percent of the funds to be spent on threatened and 
endangered species. Puerto Rico, D.C., and U.S. Territories 
receive a set amount of funding; for all other states, funding 
allocations are determined by a formula which is based on the 
State's size (50 percent), the State's population (25 percent), 
and the share of threatened or endangered species (25 percent).
    The Recovering America's Wildlife Act (``Act''), as 
reported, decreases the amount of funding that would be 
provided to states in years one through three of implementation 
and invests the $750 million in savings from that decrease into 
an Endangered Species Recovery and Habitat Conservation Legacy 
Fund. The Recovering America's Wildlife Act, as reported, also 
includes a statement of purpose indicating that the purpose of 
the legislation is to prevent new species from requiring 
Endangered Species Act protections and to recover those species 
that are threatened or endangered under the Endangered Species 
Act or State law. Further, it ties use of funding provided 
under the Act to the statement of purpose and mandates a 
Government Accountability Office (GAO) study to commence seven 
years after enactment to examine progress towards achieving 
that purpose.

                             Funding Source

    The Recovering America's Wildlife Act requires that, 
beginning in fiscal year 2022, all unobligated natural resource 
or environmental fees and fines from the previous fiscal year 
shall be deposited in the general fund of the U.S. Treasury for 
the purpose of funding these programs. The Committee 
acknowledges that this funding source does not have a budgetary 
impact on the legislation and that a scorable offset would need 
to be identified to address the legislation's mandatory cost.

                      Section-by-Section Analysis


Sec. 1. Short title

    The short title is the ``Recovering America's Wildlife Act 
of 2022.''

Sec. 2. Statement of purpose

    The purpose of this Act is to extend financial and 
technical assistance to States, Territories, the District of 
Columbia, and Indian Tribes, including under the Pittman-
Robertson Wildlife Restoration Act, for the purpose of avoiding 
the need to list species, or recovering species currently 
listed as threatened or endangered under the Endangered Species 
Act or State law.

             TITLE I--WILDLIFE CONSERVATION AND RESTORATION

Sec. 101. Wildlife Conservation and Restoration Subaccount

Sec. 101 (a). General

    Amends the Pittman-Robertson Wildlife Restoration Act to 
create the Wildlife Conservation and Restoration Subaccount, 
amounts of which are apportioned as outlined by this Act. The 
Secretary of the Treasury shall transfer, in fiscal year 2022 
$850 million, in fiscal year 2023 $1.1 billion, in fiscal year 
2024 $1.2 billion, and in fiscal year 2025 and each fiscal year 
thereafter $1.3 billion from the general fund of the Treasury 
to the Subaccount. Simultaneously, beginning in fiscal year 
2022, and thereafter, the total amount of remaining natural 
resource or environmental-related violation revenue for the 
prior fiscal year shall be deposited in the general fund of the 
Treasury and shall be available for the purposes of the above 
transfer. The term ``remaining natural resource or 
environmental-related violation revenue'' means the amount of 
all civil or criminal penalties, fines, sanctions, forfeitures 
or other revenues resulting from such violations or enforcement 
actions by any Federal agency that are not directed to be 
deposited in a fund other than the general fund of the Treasury 
or have otherwise been appropriated.
    Requires the Secretary of the Treasury to distribute 10 
percent of the Subaccount's funds through competitive grants to 
spur innovation of strategies or techniques to accelerate or 
expand effective and measurable recovery efforts for species of 
greatest conservation need and species listed under the 
Endangered Species Act and their habitats. This competitive 
grant program is available to State fish and wildlife 
departments, the District of Columbia fish and wildlife 
department, Territories' departments of fish and wildlife, and 
affiliated regional associations of those departments. A review 
committee shall be appointed by the Secretary of the Interior 
to evaluate proposals for grant awards. The review committee 
consists of a State director from each regional association of 
State fish and wildlife departments, the head of a department 
responsible for fish and wildlife management in a territory, 
one delegate from the U.S. Fish and Wildlife Service for the 
purpose of providing technical assistance, and, beginning in 
fiscal year 2022, four representatives of four different 
nonprofit organizations, each of which actively participates in 
carrying out wildlife conservation restoration activities using 
funds from the Subaccount.
    Requires that funds apportioned from the Subaccount shall 
be used for purposes consistent with the statement of purpose 
in section 2 of the Act. Funding also shall be used to develop, 
revise, enhance, and implement the Wildlife Conservation 
Strategy of a State, Territory, or the District of Columbia. 
This includes creating new, carrying out, or enhancing existing 
wildlife and habitat conservation and restoration programs. 
Funding shall also be utilized for conservation and restoration 
of wildlife species of greatest conservation need, and those 
listed as endangered species, threatened species, candidate 
species or species proposed for listing, or species petitioned 
for listing under the Endangered Species Act or State law--and 
no less than an average of 15 percent over a 5-year period of 
amounts apportioned to a State, Territory, or the District of 
Columbia must be used for recovery of these species. The 
Secretary may reduce this minimum if the Secretary determines 
that the entity is meeting conservation and recovery needs of 
all such species. Funds may also be used for: wildlife 
conservation education projects; to manage a species of 
greatest conservation need whose range is shared by another 
State, Territory, Tribe, or foreign government; to manage or 
prevent invasive species, diseases, or other risks to species 
of greatest conservation need; or law enforcement directly 
related to protection of a species of greatest conservation 
need and its habitat.
    Mandates that funds apportioned from the Subaccount shall 
not be conditioned upon the provision of public access to 
private lands, waters, or holdings.
    Establishes requirements for non-Federal matching funds (to 
meet the underlying matching threshold of Pittman-Robertson), 
including stating that funds from Federal agencies other than 
the Department of Interior and Department of Agriculture can 
qualify, as can donated private lands and waters, and under 
certain circumstances revenue from the sale of State hunting 
and fishing licenses.
    Defines the terms ``partnerships,'' ``species of greatest 
conservation need,'' ``territory and territories,'' and 
``wildlife.''

Sec. 101 (b). Allocation and apportionment of available amounts

    Adjusts apportionment levels in the Pittman-Robertson 
Wildlife Restoration Act for specific territories and the 
District of Columbia. Specifically, states that: Puerto Rico 
will receive at least 1 percent; Guam, American Samoa, the 
Virgin Islands, and Northern Mariana Islands will receive at 
least 0.33 percent; and the District of Columbia will receive 
no more than 0.5 percent.
    Following the above apportionment for territories and the 
District of Columbia, the Department of the Interior apportions 
the remaining amount in the Subaccount for each fiscal year 
among States in the following manner: one half of which is 
based on the ratio of the State's land and water area compared 
to the total land and water area of all States; one quarter is 
based on the State's population as compared to the total 
population of all States; and one quarter is based on the ratio 
of the number of endangered or threatened species in that State 
compared to the total number of endangered or threatened 
species in all States. Amounts apportioned to States in this 
manner are adjusted so that no State unless otherwise 
designated receives a sum that is less than 1 percent or more 
than 5 percent of the amount available for States.
    Sets certain limitations and bonuses. No more than 1.85 
percent of funds transferred to the Subaccount may be available 
for any Federal expenses arising during administration and 
execution of programs. States, Territories, or the District of 
Columbia may not use more than an average of 15 percent over a 
5-year period of apportioned amounts for wildlife conservation 
education and wildlife-associated recreation. States that 
include plants in their species of greatest conservation need 
and habitat prioritization in their Wildlife Conservation 
Strategy receive an additional 5 percent of their apportioned 
amount, and 5 percent of the total is reserved for this 
purpose.
    Clarifies that the bill does not require a state to create 
a comprehensive strategy related to conservation education or 
outdoor recreation. Outlines requirements for State fish and 
wildlife departments' reporting of Wildlife Conservation 
Strategy work plan, budget, and results to the U.S. Fish and 
Wildlife Service, which then submits a summary report to the 
Committee on Environment and Public Works of the Senate and the 
Committee on Natural Resources of the House of Representatives 
within a year of enactment and every 3 years thereafter. The 
U.S. Fish and Wildlife Service shall establish, in consultation 
with the Association of Fish and Wildlife Agencies, a format 
for State budgets, work plans and reports. Within 7 years of 
the date of enactment of the bill, a GAO study will be 
conducted to examine the progress of States, Territories, D.C., 
and Tribes towards achieving the purpose of the bill.

Sec. 102. Technical amendments

    Outlines technical amendments, including inserting Indian 
Tribes and academic institutions among the entities that can 
collaborate in projects under a wildlife and conservation 
restoration program. Also includes conforming amendments.

Sec. 103. Savings clause

    States that nothing in the Act shall be construed to 
enlarge or diminish the authority, jurisdiction, or 
responsibility of a State to manage, control, or regulate fish 
and wildlife on lands and waters within the State under the law 
and regulations of the State.
    Also states that if any conflicts arise between any 
provision of this Act and any provision of the Alaska National 
Interest Lands Conservation Act (ANILCA) or the Alaska Native 
Claims Settlement Act (ANCSA), then that provision of ANILCA or 
ANCSA will prevail.

         TITLE II--TRIBAL WILDLIFE CONSERVATION AND RESTORATION

Sec. 201. Indian Tribes

Sec. 201(a). Definitions

    Provides definitions for ``Account,'' ``Indian Tribe,'' 
``Secretary,'' ``Tribal species of greatest conservation 
need,'' and ``Wildlife.''

Sec. 201(b). Tribal Wildlife Conservation and Restoration Account

    Establishes within the Treasury the Tribal Wildlife 
Conservation and Restoration Account, amounts of which are 
apportioned as outlined by this Act. Beginning in fiscal year 
2022, and thereafter, the Secretary of the Treasury shall 
transfer $97,500,000 from the general fund of the Treasury to 
the Account. Also beginning in fiscal year 2022, and 
thereafter, the total amount of remaining natural resource or 
environmental-related violation revenue for the prior fiscal 
year shall be deposited in the general fund of the Treasury and 
shall be available for the purposes of the above transfer. The 
term ``remaining natural resource or environmental-related 
violation revenue'' means the amount of all civil or criminal 
penalties, fines, sanctions, forfeitures, or other revenue 
resulting from such violations or enforcement actions by any 
Federal agency that are not directed to be deposited in a fund 
other than the Treasury general fund or have otherwise been 
appropriated.

Sec. 201(c). Distribution of funds to Indian Tribes

    States that funds shall be distributed 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.

Sec. 201(d). Wildlife management responsibilities

    States that distribution guidelines and criteria described 
in subsection (c) shall be based, in part, upon Indian Tribes' 
wildlife management responsibilities. Any funding allocated to 
an Indian Tribe in Alaska may only be used in a manner 
consistent with ANCSA, ANILCA, 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.

Sec. 201.(e). Use of funds

    Outlines eligible funding uses, including that a Tribe's 
application must include a proposal to use funds for at least 
one of the following purposes: 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, or 
to assist in the recovery of species listed as endangered or 
threatened under the Endangered Species Act. The Secretary may 
also distribute funds to a Tribe for wildlife conservation 
education and wildlife-associated recreation projects, to 
manage a Tribal species of greatest conservation need and the 
habitat of such species, to manage or prevent invasive species 
or diseases or other risks to wildlife, for law enforcement 
activities that are directly related to the protection and 
conservation of wildlife, for the hiring and training of 
wildlife conservation and restoration program staff, or to 
develop, revise, and implement comprehensive wildlife 
conservation strategies and plans of such Tribe.
    States that 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 or Tribal 
law.
    States that the Secretary shall not distribute more than 15 
percent of all funds under this section for wildlife 
conservation education and wildlife-associated recreation 
projects.

Sec. 201(f). No matching funds required

    States that no Indian Tribe shall be required to provide 
matching funds to be eligible to receive funds under the Act.

Sec. 201(g). Public access not required

    States that 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.

Sec. 201(h). Administrative costs

    States that of the funds deposited into the Account for 
each fiscal year, not more than 3 percent shall be used by the 
Secretary for administrative costs.

Sec. 201(i). Savings clause

    States that nothing in the 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.

Sec. 201(j). Statutory construction with respect to Alaska

    States that if any conflict arises between any provision of 
the bill and any provision of ANILCA or ANCSA, then the 
provision of ANILCA or ANCSA will prevail.

TITLE III--ENDANGERED SPECIES RECOVERY AND HABITAT CONSERVATION LEGACY 
                                  FUND

Sec. 301(a). Establishment

    Establishes within the Treasury the Endangered Species 
Recovery and Habitat Conservation Legacy Fund (hereafter 
``Fund'' for the purposes of this Title).

Sec. 301(b). Funding

    For each of fiscal years 2022 through 2025, the Secretary 
of the Treasury shall transfer from the general fund of the 
Treasury to this Fund $187.5 million.

Sec. 301(c). Availability of funds

    States that amounts in the Fund are available to the 
Secretary of Interior as outlined in the bill without further 
appropriation or fiscal year limitation.

Sec. 301(d). Investment of amounts

    States that the Secretary may request that the Secretary of 
Treasury invest any portion of the Fund the Secretary 
determines is not needed to meet the current needs of the Fund. 
If such investment occurs, it will be in a public debt security 
with a suitable maturity and bearing interest at a rate 
determined by the Secretary of Treasury. Income on any 
investments of the Fund would become part of the Fund.

Sec. 301(e). Use of funds

    States that amounts in the Fund shall be used for 
recovering species managed under the Endangered Species Act, as 
follows:
    1. Endangered Species Recovery Grant Program: $75 million 
for each of fiscal years 2022 through 2025, to remain available 
until expended. Shall be used to establish and implement a 
grant and technical assistance program run by the National Fish 
and Wildlife Foundation (with an agreement with the Secretary). 
The Endangered Species Recovery Grant Program provides 
competitive matching grants to recover species listed as 
threatened or endangered under Section 4 of the Endangered 
Species Act by addressing the backlog in the development of 
recovery plans and implementing backlog of activities 
identified in existing recovery plans.
    2. Interagency Consultation Responsibilities: $75 million 
for each of fiscal years 2022 through 2025, to remain available 
until expended. Shall be used for Fish and Wildlife Service to 
address interagency consultation responsibilities under Section 
7 of the Endangered Species Act.
    3. Conservation Activities: $28.125 million for each of 
fiscal years 2022 through 2025, to remain available until 
expended. Shall be used by the Fish and Wildlife Service to 
work with non-Federal entities, including through the Partners 
for Fish and Wildlife Program, the Coastal Program, and North 
American Wetlands Conservation Act. Conservation activities 
pertain to at-risk, candidate, proposed, listed or threatened 
species, including through rescue and rehabilitation efforts, 
and conserving wildlife habitat.
    4. Voluntary Conservation Agreements: $9.375 million for 
each of fiscal years 2022 through 2025, to remain available 
until expended. Shall be used for the Fish and Wildlife Service 
to address development and permitting of voluntary conservation 
agreements under Section 10 of the Endangered Species Act.

Sec. 301(f). Supplement, not supplant

    States that amounts available under this section will 
supplement and not replace any other amounts made available to 
carry out activities described in this section in annual 
appropriations.

Sec. 301(g). Submission of species lists to Congress

    States that no later than 90 days after enactment, the 
Secretary shall submit to the Committee on the Environment and 
Public Works of the Senate, Committee on Natural Resources of 
the House, and the Appropriations Committees of the Senate and 
the House a list of threatened and endangered species for which 
recovery plans will be developed or implemented for fiscal year 
2023. Until funds are expended, the President will annually 
submit to Congress a list of threatened and endangered species 
for which recovery plans will be developed and implemented with 
amounts from the Fund.

Sec. 301(h). Public donations

    States that the Secretary may accept, and credit to the 
Fund, public donations that advance efforts to address the 
backlog in development and implementation of recovery plans, 
and to encourage relevant public-private partnerships. The 
Secretary may also reject a donation when it's in the interest 
of the Federal government to do so.

Sec. 301(i). Allocation authority

    States that the President shall submit to Congress detailed 
allocations by program element of the amount recommended for 
allocation in a fiscal year from the Fund, consistent with the 
Use of Funds subsection, within 90 days of enactment. For each 
fiscal year thereafter until all funds are allocated, these 
cost estimates will be included as part of the President's 
annual budget submission.
    States that the Committees on Appropriations of the Senate 
and the House of Representatives may provide for alternate 
allocation of amounts in a given fiscal year, consistent with 
the Use of Funds subsection. If Congress has not enacted 
legislation establishing alternate allocations, including by 
program, by the date on which the bill that includes annual 
Interior appropriations for that fiscal year is enacted, only 
then will amounts recommended for allocation (and consistent 
with the Use of Funds subsection) be allocated by the President 
or apportioned or allotted by program. If Congress enacts 
legislation establishing alternative allocations for amounts 
for a given fiscal year (consistent with the Use of Funds 
subsection) that are less than the full amount recommended for 
allocation for that fiscal year, the difference between those 
amounts shall be allocated by the President and apportioned and 
allotted by program.

Sec. 301(j). Prohibitions

    States that no amounts from the Fund shall be used to make 
any listing determination relating to the endangered or 
threatened status of any species under Section 4 of the 
Endangered Species Act.
    States that no amounts from the Fund shall be used on any 
nonessential experimental population under Section 10(j) of the 
Endangered Species Act.
    States that no amounts from the Fund shall be used outside 
of the United States.
    States that no amounts from the Fund shall be used to 
acquire any Federal land.

                          Legislative History

    On July 15, 2021, Senator Martin Heinrich (D-NM) introduced 
S. 2372, the Recovering America's Wildlife Act. Senator Roy 
Blunt (R-MO) joined as an original cosponsor of the 
legislation. The bill was referred to the Committee on 
Environment and Public Works.
    On April 7, 2022, the Committee on Environment and Public 
Works conducted a Business Meeting to consider S. 2372. The 
Committee ordered S. 2372 to be favorably reported with an 
amendment in the nature of a substitute by a roll call vote of 
15 ayes and 5 nays. In addition, the Committee agreed by 
unanimous consent to make a part of the official Business 
Meeting record stakeholder comments and letters regarding the 
legislation.

                                Hearings

    The Committee on Environment and Public Works held a 
legislative hearing on December 8, 2021, entitled ``A 
legislative hearing to examine S. 2372, the Recovering 
America's Wildlife Act.'' The hearing provided the Committee 
with member and stakeholder views on S. 2372 and wildlife 
conservation funding needs, including those of State and 
Federal agencies and other partners.

                            Roll Call Votes

    The Committee on Environment and Public Works met to 
consider S. 2372 on April 7, 2022. With the agreement of 
Chairman Carper and Ranking Member Capito, Carper #1--an 
amendment in the nature of the substitute to S. 2372 as 
introduced--was used as the base text in Committee's 
consideration of the following additional amendments, all of 
which failed:
    Cardin #1--An amendment to authorize the Secretary of the 
Interior, through the Coastal Program of the United States Fish 
and Wildlife Service, to work with willing partners and provide 
support to efforts to assess, protect, restore, and enhance 
important coastal areas that provide fish and wildlife habitat 
on which Federal trust species depend. Failed by a roll call 
vote of 10 ayes and 10 nays. (Senators Cardin, Carper, 
Duckworth, Kelly, Markey, Merkley, Padilla, Sanders, Stabenow, 
and Whitehouse voted aye. Senators Boozman, Capito, Cramer, 
Ernst, Graham, Inhofe, Lummis, Shelby, Sullivan, and Wicker 
voted nay.)
    Cramer #4--An amendment to revert back to the Recovering 
America's Wildlife Act as introduced. Failed by a roll call 
vote of 9 ayes and 11 nays. (Senators Boozman, Capito, Cramer, 
Ernst, Graham, Inhofe, Lummis, Sullivan, and Wicker voted aye. 
Senators Cardin, Carper, Duckworth, Kelly, Markey, Merkley, 
Padilla, Sanders, Shelby, Stabenow, and Whitehouse voted nay.)
    Lummis #1--An amendment to require disclosure to States of 
the basis of determinations under the Endangered Species Act of 
1973. Failed by a roll call vote of 10 ayes and 10 nays. 
(Senators Boozman, Capito, Cramer, Ernst, Graham, Inhofe, 
Lummis, Shelby, Sullivan, and Wicker voted aye. Senators 
Cardin, Carper, Duckworth, Kelly, Markey, Merkley, Padilla, 
Sanders, Stabenow, and Whitehouse voted nay.)
    Sullivan #1--An amendment to make additional Federal public 
land available for selection under the Alaska Native Vietnam 
era veterans allotment program. Failed by a roll call vote of 
10 ayes and 10 nays. (Senators Boozman, Capito, Cramer, Ernst, 
Graham, Inhofe, Lummis, Shelby, Sullivan, and Wicker voted aye. 
Senators Cardin, Carper, Duckworth, Kelly, Markey, Merkley, 
Padilla, Sanders, Stabenow, and Whitehouse voted nay.)
    Sullivan #2--An amendment to clarify the treatment of 
authentic Alaska Native articles of handicraft containing 
nonedible migratory bird parts under the Migratory Bird Treaty 
Act. Failed by a roll call vote of 10 ayes and 10 nays. 
(Senators Boozman, Capito, Cramer, Ernst, Graham, Inhofe, 
Lummis, Shelby, Sullivan and Wicker voted aye. Senators Cardin, 
Carper, Duckworth, Kelly, Markey, Merkley, Padilla, Sanders, 
Stabenow, and Whitehouse voted nay.)
    Sullivan #3--An amendment to make the Wildlife Conservation 
and Restoration Subaccount and the Tribal Wildlife Conservation 
and Restoration Account subject to appropriations. Failed by a 
roll call vote of 10 ayes and 10 nays. (Senators Boozman, 
Capito, Cramer, Ernst, Graham, Inhofe, Lummis, Shelby, Sullivan 
and Wicker voted aye. Senators Cardin, Carper, Duckworth, 
Kelly, Markey, Merkley, Padilla, Sanders, Stabenow, and 
Whitehouse voted nay.)

Final committee vote to report

    The Committee ordered the S. 2372, as amended by Carper #1, 
ordered to be favorably reported to the Senate by a roll call 
vote of 15 ayes and 5 nays (Senators Boozman, Capito, Cardin, 
Carper, Duckworth, Graham, Inhofe, Kelly, Markey, Merkley, 
Padilla, Sanders, Stabenow, Whitehouse, and Wicker voted aye. 
Senators Cramer, Ernst, Lummis, Shelby, and Sullivan voted nay) 
with a quorum present.

                           Conforming Changes

    The Recovering America's Wildlife Act, as reported and 
filed with the Clerk, contains a paragraph numbering error, 
which the Committee acknowledges will need to be corrected 
prior to consideration by the Senate and enactment. Section 
101(a)(1) redesignates paragraphs (2) and (3) of section 3(c) 
of the Pittman-Robertson Act as paragraphs (10) and (11). The 
Committee intended for these paragraphs to be redesignated as 
paragraphs (9) and (10). The ``changes in existing law'' 
section below reflects the necessary correction and the 
legislation as the Committee intended to report it.

                      Regulatory Impact Statement

    In compliance with section 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee finds that the 
regulatory impact of S. 2372 is expected to be minimal. This 
bill does not regulate individuals or business or create any 
additional regulatory burdens and will not have any adverse 
effect on the personal privacy of individuals.

                   Congressionally Directed Spending

    In compliance with section 4(b) of rule XLIV of the 
Standing Rules of the Senate, the Committee provides that no 
provisions contained in S. 2372 meet the definition of 
congressional directed spending items under the rule.

                          Mandates Assessment

    In compliance with the Unfunded Mandates Reform Act of 1995 
(UMRA), Public Law 104-4, the Committee on Environment and 
Public Works notes that the Congressional Budget Office found 
that S. 2372 contains no intergovernmental or private-sector 
mandates as defined in UMRA.

                          Cost of Legislation

    Section 403 of the Congressional Budget and Impoundment 
Control Act requires that a statement of the cost of the 
reported bill, prepared by the Congressional Budget Office, be 
included in the report. That statement follows:

                                     U.S. Congress,
                               Congressional Budget Office,
                                      Washington, DC, May 26, 2022.
Hon. Thomas Carper,
Chairman, Committee on Environment and Public Works,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 2372, the Recovering 
America's Wildlife Act of 2022.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Madeleine 
Fox.
            Sincerely,
                                         Phillip L. Swagel,
                                                          Director.
    Enclosure.

         [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
    

    The bill would
           Make funds available to the Department of 
        the Interior for grants and other support for wildlife 
        conservation by states, territories, and Indian tribes
           Allow the department to spend interest 
        accrued on certain unspent balances for wildlife 
        conservation
    Estimated budgetary effects would mainly stem from
           Spending without further appropriation on 
        authorized activities
           Spending of interest credited from amounts 
        invested in Treasury securities
    Bill summary: S. 2372 would amend the Pittman-Robertson 
Wildlife Restoration Act and appropriate funds for the 
Department of the Interior to support efforts by state, local, 
and tribal governments to conserve endangered and threatened 
species. The bill also would allow interest accrued on unspent 
balances in one account to be available without further 
appropriation for those activities.
    The bill would require the President to provide the 
Congress each year with a list of threatened or endangered 
species and to estimate the amount of funding allocated for 
their conservation. S. 2372 also would direct the Government 
Accountability Office to study the progress of states, 
territories, the District of Columbia, and Indian tribes in 
protecting endangered and threatened species and to report its 
findings seven years after enactment.
    Estimated Federal cost: The estimated budgetary effect of 
S. 2372 is shown in Table 1. The costs of the legislation fall 
within budget function 300 (natural resources and environment).
    Basis of estimate: For this estimate, CBO assumes that S. 
2372 will be enacted near the end of fiscal year 2022. On that 
basis, CBO expects that outlays from funds provided in 2022 
would occur in 2023. Using information from the affected 
agencies and historical spending patterns for similar 
activities, CBO estimates that enacting S. 2372 would increase 
direct spending by $14.1 billion over the 2022-2032 period.

                                                    TABLE 1.--ESTIMATED BUDGETARY EFFECTS OF S. 2372
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                          By fiscal year, millions of dollars--
                                ------------------------------------------------------------------------------------------------------------------------
                                   2022     2023     2024     2025     2026     2027     2028     2029     2030     2031     2032   2022-2027  2022-2032
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                              Increases in Direct Spending
 
Title I, U.S. Fish and Wildlife
 Service:
  Budget Authority.............      850    1,100    1,200    1,300    1,300    1,300    1,300    1,300    1,300    1,300    1,300      7,050     13,550
  Estimated Outlays............        0      645    1,218    1,336    1,359    1,293    1,300    1,300    1,300    1,300    1,300      5,851     12,351
Title II, Bureau of Indian
 Affairs:
  Budget Authority.............       98       98       98       98       98       98       98       98       98       98       98        585      1,073
  Estimated Outlays............        0       98       78       94      107       99       98       98       98       98       98        476        963
Title III, U.S. Fish and
 Wildlife Service:
  Estimated Budget Authority...      188      191      192      193        3        1        *        0        0        0        0        767        768
  Estimated Outlays............        0      191      154      185      120       73       38        8        0        0        0        722        768
Total Changes in Direct
 Spending:
  Estimated Budget Authority...    1,135    1,388    1,489    1,590    1,401    1,399    1,398    1,398    1,398    1,398    1,398      8,402     15,390
  Estimated Outlays............        0      933    1,450    1,615    1,586    1,465    1,435    1,405    1,398    1,398    1,398      7,049     14,082
--------------------------------------------------------------------------------------------------------------------------------------------------------
Components may not sum to totals because of rounding; * = between zero and $500,000.
S. 2372 would require annual reports whose cost would total $1 million over the 2022-2027 period, subject to the availability of appropriated funds.

Direct Spending

    S. 2372 would establish new accounts in the Treasury, 
specify the amounts to be deposited into those accounts each 
year, and make the funds in those accounts available to the 
Secretary of the Interior to spend without further 
appropriation. In 2021, the U.S. Fish and Wildlife Service 
(USFWS) spent $713 million for similar activities.
     Title I would make $850 million available in 2022 for 
USFWS to make grants to state, local, and tribal governments 
for wildlife conservation. The amounts made available would 
increase in 2023 and 2024. In 2025 and every year thereafter, 
title I would make $1.3 billion available for those purposes. 
CBO estimates that enacting this title would increase direct 
spending by $12.4 billion over the 2022-2032 period.
     Title II would make $97.5 million available in 2022 and 
every year thereafter for the Bureau of Indian Affairs to help 
Indian tribes conserve species on tribal land that have the 
greatest need for conservation. CBO estimates that enacting 
this title would increase direct spending by $963 million over 
the 2022-2032 period.
     Title III would make $187.5 million available each year 
from 2022 through 2025 for USFWS to make grants to states and 
Indian tribes for the conservation of endangered and threatened 
species and to carry out other authorities under the Endangered 
Species Act. A portion of those amounts--$75 million each 
year--would be made available to the National Fish and Wildlife 
Foundation to recover threatened or endangered species. CBO 
estimates that enacting this provision in title III would 
increase direct spending by $750 million over the 2022-2032 
period.
    In addition, title III would direct the Department of the 
Treasury to credit interest on unspent balances made available 
under that title to USFWS. That interest would be available to 
spend without further appropriation for recovery efforts under 
the Endangered Species Act. (Crediting interest to an account 
in the Treasury is an intragovernmental transfer and thus would 
have no budgetary effect but allowing the agency to spend the 
accrued amounts would increase direct spending.) Using the 
interest rates underlying the May 2022 baseline projections, 
CBO estimates that under this provision, $18 million would be 
accrued and spent over the 2022-2032 period.
     The bill would permit USFWS to accept and spend donations. 
CBO estimates that the effect on net direct spending from 
donations would be negligible over the 2022-2032 period.
    The bill would authorize the transfer of some penalties 
collected under current law to the accounts established under 
title I and title II, but S. 2372 would not authorize any new 
penalty collections.

Spending Subject to Appropriation

    S. 2372 would require the President to submit to the 
Congress lists of threatened or endangered species for which 
recovery efforts would be funded under the bill and to report 
annually on the amounts allocated for endangered species 
recovery, interagency consultation, and conservation 
activities. Using information about similar activities, CBO 
estimates that producing the annual reports would cost $1 
million over the 2022-2027 period; any spending would be 
subject to the availability of appropriated funds.
    Under the bill, the Government Accountability Office would 
report in 2029 or 2030 on conservation efforts authorized in 
the bill. Based on the cost of similar reports, CBO estimates 
that the cost of that report would be insignificant.
    Pay-As-You-Go considerations: The Statutory Pay-As-You-Go 
Act of 2010 establishes budget-reporting and enforcement 
procedures for legislation affecting direct spending or 
revenues. The net changes in outlays that are subject to those 
pay-as-you-go procedures are shown in Table 2.

 TABLE 2.--CBO's ESTIMATE OF THE STATUTORY PAY-AS-YOU-GO EFFECTS OF S. 2372, THE RECOVERING AMERICA'S WILDLIFE ACT, AS REPORTED BY THE SENATE COMMITTEE
                                                  ON THE ENVIRONMENT AND PUBLIC WORKS ON APRIL 27, 2022
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                By fiscal year, millions of dollars--
                                           -------------------------------------------------------------------------------------------------------------
                                             2022    2023    2024    2025    2026    2027    2028    2029    2030    2031    2032   2022-2027  2022-2032
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                               Net Increase in the Deficit
 
Pay-As-You-Go Effect......................       0     933   1,450   1,615   1,586   1,465   1,435   1,405   1,398   1,398   1,398     7,049     14,082
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Increase in long-term deficits: CBO estimates that enacting 
S. 2372 would increase on-budget deficits by more than $5 
billion in all of the four consecutive 10-year periods 
beginning in 2033.
    Mandates: None.
    Estimate prepared by: Federal costs: Madeleine Fox, 
Mandates: Lilia Ledezma.
    Estimate reviewed by: Susan Willie, Chief, Natural and 
Physical Resources Cost Estimates Unit; H. Samuel Papenfuss, 
Deputy Director of Budget Analysis; Theresa Gullo, Director of 
Budget Analysis.

                        Changes in Existing Law

    In compliance with section 12 of rule XXVI of the Standing 
Rules of the Senate, changes in existing law made by the bill 
as reported are shown as follows: Existing law proposed to be 
omitted is enclosed in [black brackets], new matter is printed 
in italic, existing law in which no change is proposed is shown 
in roman:

           *       *       *       *       *       *       *


PITTMAN-ROBERTSON WILDLIFE RESTORATION ACT

           *       *       *       *       *       *       *



SEC. 2. [16 U.S.C. 669A] DEFINITIONS.

   As used in this Act--
          (1) * * *

           *       *       *       *       *       *       *

          (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;

           *       *       *       *       *       *       *

          (9) the term ``wildlife conservation and restoration 
        program'' means a program developed by a State fish and 
        wildlife department and approved by the Secretary under 
        section 304(d), the projects that constitute such a 
        program, which may be implemented in whole or part 
        through grants and contracts by a State to other State, 
        Federal, or local agencies (including those that 
        gather, evaluate, and disseminate information on 
        wildlife and their habitats), 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;

           *       *       *       *       *       *       *

  Sec. 3. [16 U.S.C. 669b] (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)).]

           *       *       *       *       *       *       *

  (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.--
                          (i) In general.--The Secretary of the 
                        Treasury shall transfer from the 
                        general fund of the Treasury to the 
                        Subaccount--
                                  (I) for fiscal year 2022, 
                                $850,000,000;
                                  (II) for fiscal year 2023, 
                                $1,100,000,000;
                                  (III) for fiscal year 2024, 
                                $1,200,000,000; and
                                  (IV) for fiscal year 2025, 
                                and for each fiscal year 
                                thereafter, $1,300,000,000.
                          (ii) Funding source.--
                                  (I) Definition.--In this 
                                clause, the term `remaining 
                                natural resource or 
                                environmental-related violation 
                                revenue' means the amount of 
                                all civil or criminal 
                                penalties, fines, sanctions, 
                                forfeitures, or other revenues 
                                resulting from natural resource 
                                or environmental-related 
                                violations or enforcement 
                                actions by any Federal agency 
                                that are not directed to be 
                                deposited in a fund other than 
                                the general fund of the 
                                Treasury or have otherwise been 
                                appropriated.
                                  (II) Use of revenue.--
                                Beginning in fiscal year 2022, 
                                and for each fiscal year 
                                thereafter, the total amount of 
                                the remaining natural resource 
                                or environmental-related 
                                violation revenue with respect 
                                to the previous fiscal year--
                                          (aa) shall be 
                                        deposited in the 
                                        general fund of the 
                                        Treasury; and
                                          (bb) shall be 
                                        available for the 
                                        purposes of the 
                                        transfer under clause 
                                        (i).
          (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 (16 
                U.S.C. 777 et seq.); 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 (16 U.S.C. 1531 et seq.) 
                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;
                          (iii) one delegate from the United 
                        States Fish and Wildlife Service, for 
                        the purpose of providing technical 
                        assistance; and
                          (iv) beginning in fiscal year 2022, 
                        four individuals representing four 
                        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.--Using not more than 3 
                percent of the amounts apportioned under 
                subparagraph (A) to carry out a competitive 
                grant program, 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.
          (4) Use of funds.--Funds apportioned from the 
        Subaccount shall be used for purposes consistent with 
        section 2 of the Recovering America's Wildlife Act of 
        2022 and--
                  (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 (16 
                U.S.C. 1531 et seq.) 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 2022.
                  (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 
                        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) 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 
                Commonwealth of Puerto Rico, Guam, American 
                Samoa, the Commonwealth of the Northern Mariana 
                Islands, and the United States Virgin Islands.
                  (D) Wildlife.--The term `wildlife' means any 
                species of wild, freeranging 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)] (9) 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)] (10) 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.

SEC. 4. [16 U.S.C. 669C] 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.--

           *       *       *       *       *       *       *

  (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 one-third of one 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) one-half 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] one-quarter 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) one-quarter 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 (16 U.S.C. 1531 et seq.) 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, 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) * * *

           *       *       *       *       *       *       *

                  [(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]
          (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) * * *

           *       *       *       *       *       *       *

          (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) 5 percent of amounts apportioned to each State, 
        each territory, or the District of Columbia under this 
        section for a wildlife conservation and restoration 
        program 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.
  (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.--
          (1) In general.--Not more than one year after the 
        date of enactment of the Recovering America's Wildlife 
        Act of 2022 and every 3 years thereafter, each State 
        fish and wildlife department 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 (e) during the previous 3 years to the 
        United States Fish and Wildlife Service for review, 
        which shall summarize such findings and submit a report 
        to--
                  (A) the Committee on Environment and Public 
                Works of the Senate; and
                  (B) the Committee on Natural Resources of the 
                House of Representatives.
          (2) Requirements.--The format of the 3-year work 
        plans, budgets, and reports required under paragraph 
        (1) shall be established by the United States Fish and 
        Wildlife Service, in consultation with the Association 
        of Fish and Wildlife Agencies.
          (3) GAO study.--Not later than 7 years after the date 
        of enactment of the Recovering America's Wildlife Act 
        of 2022, the Comptroller General of the United States 
        shall conduct a study to examine the progress of 
        States, territories, the District of Columbia, and 
        Indian Tribes towards achieving the purpose described 
        in section 2 of that Act.

           *       *       *       *       *       *       *

  Sec. 8. [16 U.S.C. 669g] (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.

           *       *       *       *       *       *       *


SEC. 13. [16 U.S.C. 669L] 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.

SEC. 14. 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. 15. 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 (16 U.S.C. 3101 et seq.) or the Alaska Native 
Claims Settlement Act (43 U.S.C. 1601 et seq.), then the 
provision in the Alaska National Interest Lands Conservation 
Act or the Alaska Native Claims Settlement Act shall prevail.

SEC. [14] 16. [16 U.S.C. 669 NOTE] SHORT TITLE.

  This Act may be cited as the ``Pittman-Robertson Wildlife 
Restoration Act''.

           *       *       *       *       *       *       *


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