[House Report 119-282]
[From the U.S. Government Publishing Office]
119th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 119-282
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MAKE SWAPS EFFICIENT ACT OF 2025
_______
September 15, 2025.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Westerman, from the Committee on Natural Resources, submitted the
following
R E P O R T
[To accompany H.R. 1676]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 1676) to amend the Pittman-Robertson Wildlife
Restoration Act to require the Secretary of the Interior to
approve the wildlife conservation and restoration program of a
State within a certain period of time, 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 ``Make SWAPs Efficient Act of 2025'' or
the ``Make State Wildlife Action Plans Efficient Act of 2025''.
SEC. 2. TIMING OF APPROVAL OF WILDLIFE CONSERVATION AND RESTORATION
PROGRAM.
Section 4(e)(3) of the Pittman-Robertson Wildlife Restoration Act (16
U.S.C. 669c(e)(3)) is amended--
(1) by inserting ``, not later than 180 days after the date
on which the State submitted the comprehensive plan,'' after
``, the Secretary'';
(2) by striking ``, as redesignated'';
(3) by striking ``If the Secretary'' and inserting ``(A) If
the Secretary''; and
(4) by adding at the end the following:
``(B) Upon submission of a comprehensive plan by a State
under paragraph (1), the Secretary shall conditionally
authorize the implementation of the wildlife conservation and
restoration program of the State and shall set aside amounts as
described in subparagraph (A).
``(C) The Secretary, in consultation with the States, shall
develop a process to ensure sufficient and timely review of
comprehensive plans submitted by States under paragraph (1) and
final approval of the wildlife conservation and restoration
program of such States not later than 180 days after the date
on which a State submits such a comprehensive plan.
``(D) It is the intent of Congress that the Secretary
prioritize the--
``(i) timely review of comprehensive plans submitted
by States under paragraph (1); and
``(ii) approval of the wildlife conservation and
restoration programs of such States.
``(E) Not later than June 1 of the year immediately following
the year in which a State submits a comprehensive plan under
paragraph (1), if the Secretary does not approve the wildlife
conservation and restoration program of the State under
subparagraph (A) within the time described in that
subparagraph, the Secretary shall submit to the Chair and
Ranking Member of the Committee on Natural Resources of the
House of Representatives and the Environment and Public Works
Committee of the Senate a report regarding the status of such
comprehensive plan and including the reason why the wildlife
conservation and restoration program was not so approved.''.
Purpose of the Legislation
The purpose of H.R. 1676 is to amend the Pittman-Robertson
Wildlife Restoration Act to require the Secretary of the
Interior to approve the wildlife conservation and restoration
program of a State within a certain period of time.
Background and Need for Legislation
In 2000, Congress amended the Pittman-Robertson Wildlife
Restoration Act to include a subaccount known as the Wildlife
Conservation and Restoration Account (Account).\1\ The Account
provides appropriated funding to states and territories for
wildlife restoration and conservation.\2\ Specifically, the
funds must be used ``for the development, revision, and
implementation of wildlife conservation and restoration plans
and programs.''\3\
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\1\``The Pittman-Robertson Wildlife Restoration Act.''
Congressional Research Service. October 12, 2022. https://
www.congress.gov/crs_external_products/IF/PDF/IF12229/IF12229.1.pdf.
\2\Id.
\3\Public Law 106-553, Federal Funding Fiscal Year 2001. https://
www.govinfo.gov/content/pkg/PLAW 106publ553/pdf/PLAW-106publ553.pdf.
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These plans, known as State Wildlife Action Plans (SWAPs),
serve as a blueprint for identifying each state and territory's
unique conservation needs. Congress required each SWAP to
provide information addressing eight elements: (1) distribution
and abundance of wildlife species; (2) locations and condition
of key habitats and community types; (3) wildlife and habitat
threats; (4) conservation actions to address these threats; (5)
plans for monitoring species, habitats and the effectiveness of
conservation actions; (6) plans for review and adaptive
management of the strategy; (7) plans to coordinate strategy
development, implementation, and review with federal, state,
local agencies, and Indian tribes; and (8) opportunities for
broad public participation in plan development and
implementation.\4\
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\4\Id. ``The Eight Required Elements to include in Comprehensive
Wildlife Conservation Plans (State Wildlife Action Plans).''
Association of Fish and Wildlife Agencies. https://
www.fishwildlife.org/application/files/5815/7125/4229/
SWAP_Eight_Required_Elements.pdf.
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In 2000, Congress also created the State Wildlife Grant
Program (SWGP) to provide funding to state and territory fish
and wildlife agencies to implement their SWAPs.\5\ The
apportionment formula is one-third based on the total land area
of the state and two-thirds based on each state's
population.\6\ By law, states must have an updated SWAP to
receive funding through the SWGP. These SWAPs must be updated
every ten years. In 2025, 44 states, the District of Columbia,
and three territories are up for renewal.\7\
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\5\``The State and Tribal Wildlife Grant Programs: 20 Years of
Conservation Success.'' September 2020, U.S. Fish & Wildlife Service.
https://www.fishwildlife.org/application/files/2616/0087/6829/
STWG_2020_Report_Final.pdf.
\6\``About State Wildlife Action Plans.'' Origins of the State
Wildlife Action Plans. University of Michigan Department of Natural
Resources and Environment. https://seas.umich.edu/ecomgt/swap/
About_SWAPs.html.
\7\``State Wildlife Action Plans 2025 Revisions.'' Wildlife for
All. https://wildlifeforall.us/wp-content/uploads/2024/10/
WildlifeforAll_SWAP_2025_Revision_List.pdf.
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In the past, the approval process for SWAPs has taken as
long as 18 months due to bureaucratic delays at the U.S. Fish
and Wildlife Service (FWS). To help address these delays and
the upcoming increase of SWAPs for review, in December of 2024,
the Association of Fish and Wildlife Agencies and the FWS
entered into a memorandum of understanding (MOU) to encourage
more timely reviews of SWAPs\8\ and worked together to develop
a simplified review procedure.\9\
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\8\``Memorandum''. Paul Rauch and Judy Camuso. U.S. Fish and
Wildlife Service and Association of Fish and Wildlife Agencies.
December 9, 2024. https://www.fishwildlife.org/application/files/4817/
4024/5170/SWAP_Comprehensive_Review_2025_Joint_Memo_Signed_Dec_9-2024-
FINAL.pdf.
\9\``SWAP Summary Template'' U.S. Fish and Wildlife Service.
https://fawiki.fws.gov/spaces/WSFRP/pages/26837115/
State+Wildlife+Grant+Program?preview=/26837115/344096773/
SWAP%20Summary%20Template.xlsx.
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H.R. 1676 follows up on work done through the MOU by
directing the Secretary of the Interior to approve SWAPs within
180 days of submission. The bill, as amended, provides for
conditional approval of a SWAP upon its submission to the FWS,
allowing for funding to immediately flow to the state agency.
It also provides congressional backing to efforts by the states
and the FWS to develop an efficient process to approve SWAPs
within 180 days and states it is the intent of Congress for
SWAPs to approved in a timely manner. In addition, the Service
must report to Congress by June 1st of the year immediately the
submission of a SWAP if that SWAP has not been approved and the
reasons for it not being approved.
Committee Action
H.R. 1676 was introduced on February 27, 2025, by
Representative Byron Donalds (R-FL). The bill was referred to
the Committee on Natural Resources, and within the Committee to
the Subcommittee on Water, Wildlife and Fisheries. On June 24,
2025, the Subcommittee on Water, Wildlife and Fisheries held a
hearing on the bill. On July 15, 2025, the Committee on Natural
Resources met to consider the bill. The Subcommittee on Water,
Wildlife and Fisheries was discharged from further
consideration of H.R. 1676 by unanimous consent. Chairman Bruce
Westerman (R-AR) offered an Amendment in the Nature of a
Substitute designated Westerman_029 ANS. The Amendment in the
Nature of a Substitute was agreed to by unanimous consent. The
bill, as amended, was ordered favorably reported to the House
of Representatives by unanimous consent.
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, Wildlife and Fisheries
held on June 24, 2025.
Section-by-Section Analysis
Section 1. Short title
Section 1 establishes that this Act may be cited as the
``Make SWAPs Efficient Act of 2025'' or the ``Make State
Wildlife Action Plans Efficient Act of 2025''.
Section 2. Timing of approval of Wildlife Conservation and Restoration
Program
Section 2 requires the FWS to approve or deny SWAPs within
180 days of being submitted and provides for conditional
approval of SWAPs upon their submission to the FWS. In
addition, this section requires FWS, in consultation with the
states, to develop a process to ensure SWAPs are approved
within 180 days and states that it is the intent of Congress
that the FWS prioritize the timely review of SWAPs and state
wildlife conservation and restoration programs. To provide
accountability, this section requires the FWS to report to
Congress by June 1st of the year immediately the submission of
a SWAP if that SWAP has not been approved and the reasons for
it not being approved.
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.
Pursuant to clause 3(c)(2) of House rule XIII and section
308(a) of the Congressional Budget Act of 1974, and pursuant to
clause 3(c)(3) of House rule XIII and section 402 of the
Congressional Budget Act of 1974, the Committee has requested
but not received from the Director of the Congressional Budget
Office a budgetary analysis and a cost estimate of this bill.
2. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goal or
objective of this bill is to amend the Pittman-Robertson
Wildlife Restoration Act to require the Secretary of the
Interior to approve the wildlife conservation and restoration
program of a state within a certain period of time.
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, if such
estimate is not publicly available on the Congressional Budget
Office website.
Existing Programs
Directed Rule Making. This bill does not contain any
directed rule makings.
Duplication of 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
or identified in the most recent Catalog of Federal Domestic
Assistance published pursuant to the Federal Program
Information Act (Public Law 95-220, as amended by Public Law
98-169) as relating to other programs.
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. 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
November 15, 2021, the product obtained
by multiplying--
(I) $12,786,434; and
(II) the change, relative to
the preceding fiscal year, in
the Consumer Price Index for
All Urban Consumers published
by the Department of Labor; 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.--
(1) The Secretary of the Interior shall make the
following apportionment from the Wildlife Conservation
and Restoration Account:
(A) to the District of Columbia and to the
Commonwealth of Puerto Rico, each a sum equal
to not more than one-half of 1 percent thereof.
(B) to Guam, American Samoa, the Virgin
Islands, and the Commonwealth of the Northern
Mariana Islands, each a sum equal to not more
than one-fourth of 1 percent thereof.
(2)(A) The Secretary of the Interior, after making
the apportionment under paragraph (1), shall apportion
the remaining amount in the Wildlife Conservation and
Restoration Account for each fiscal year among the
States in the following manner:
(i) one-third of which is based on the ratio
to which the land area of such State bears to
the total land area of all such States; and
(ii) two-thirds of which is based on the
ratio to which the population of such State
bears to the total population of all such
States.
(B) The amounts apportioned under this paragraph
shall be adjusted equitably so that no such State shall
be apportioned a sum which is less than one percent of
the amount available for apportionment under this
paragraph for any fiscal year or more than five percent
of such amount.
(3) Of the amounts transferred to the Wildlife
Conservation and Restoration Account, not to exceed 3
percent shall be available for any Federal expenses
incurred in the administration and execution of
programs carried out with such amounts.
(e) Wildlife Conservation and Restoration Programs.--
(1) Any State, through its fish and wildlife
department, may apply to the Secretary of the Interior
for approval of a wildlife conservation and restoration
program, or for funds from the Wildlife Conservation
and Restoration Account, to develop a program. To
apply, a State shall submit a comprehensive plan that
includes--
(A) provisions vesting in the fish and
wildlife department of the State overall
responsibility and accountability for the
program;
(B) provisions for the development and
implementation of--
(i) wildlife conservation projects
that expand and support existing
wildlife programs, giving appropriate
consideration to all wildlife;
(ii) wildlife-associated recreation
projects; and
(iii) wildlife conservation education
projects pursuant to programs under
section 8(a); and
(C) provisions to ensure public participation
in the development, revision, and
implementation of projects and programs
required under this paragraph.
(D) Wildlife conservation strategy.--Within
five years of the date of the initial
apportionment, develop and begin implementation
of a wildlife conservation strategy based upon
the best available and appropriate scientific
information and data that--
(i) uses such information on the
distribution and abundance of species
of wildlife, including low population
and declining species as the State fish
and wildlife department deems
appropriate, that are indicative of the
diversity and health of wildlife of the
State;
(ii) identifies the extent and
condition of wildlife habitats and
community types essential to
conservation of species identified
under paragraph (1);
(iii) identifies the problems which
may adversely affect the species
identified under paragraph (1) or their
habitats, and provides for priority
research and surveys to identify
factors which may assist in restoration
and more effective conservation of such
species and their habitats;
(iv) determines those actions which
should be taken to conserve the species
identified under paragraph (1) and
their habitats and establishes
priorities for implementing such
conservation actions;
(v) provides for periodic monitoring
of species identified under paragraph
(1) and their habitats and the
effectiveness of the conservation
actions determined under paragraph (4),
and for adapting conservation actions
as appropriate to respond to new
information or changing conditions;
(vi) provides for the review of the
State wildlife conservation strategy
and, if appropriate, revision at
intervals of not more than ten years;
(vii) provides for coordination to
the extent feasible the State fish and
wildlife department, during the
development, implementation, review,
and revision of the wildlife
conservation strategy, with Federal,
State, and local agencies and Indian
tribes that manage significant areas of
land or water within the State, or
administer programs that significantly
affect the conservation of species
identified under paragraph (1) or their
habitats.
(2) A State shall provide an opportunity for public
participation in the development of the comprehensive
plan required under paragraph (1).
(3) [If the Secretary] (A) If the Secretary finds
that the comprehensive plan submitted by a State
complies with paragraph (1), the Secretary, not later
than 180 days after the date on which the State
submitted the comprehensive plan, 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.
(B) Upon submission of a comprehensive plan by a
State under paragraph (1), the Secretary shall
conditionally authorize the implementation of the
wildlife conservation and restoration program of the
State and shall set aside amounts as described in
subparagraph (A).
(C) The Secretary, in consultation with the States,
shall develop a process to ensure sufficient and timely
review of comprehensive plans submitted by States under
paragraph (1) and final approval of the wildlife
conservation and restoration program of such States not
later than 180 days after the date on which a State
submits such a comprehensive plan.
(D) It is the intent of Congress that the Secretary
prioritize the--
(i) timely review of comprehensive plans
submitted by States under paragraph (1); and
(ii) approval of the wildlife conservation
and restoration programs of such States.
(E) Not later than June 1 of the year immediately
following the year in which a State submits a
comprehensive plan under paragraph (1), if the
Secretary does not approve the wildlife conservation
and restoration program of the State under subparagraph
(A) within the time described in that subparagraph, the
Secretary shall submit to the Chair and Ranking Member
of the Committee on Natural Resources of the House of
Representatives and the Environment and Public Works
Committee of the Senate a report regarding the status
of such comprehensive plan and including the reason why
the wildlife conservation and restoration program was
not so approved.
(4)(A) Except as provided in subparagraph (B), after
the Secretary approves a State's wildlife conservation
and restoration program, the Secretary may make
payments on a project that is a segment of the State's
wildlife conservation and restoration program as the
project progresses. Such payments, including previous
payments on the project, if any, shall not be more than
the United States pro rata share of such project. The
Secretary, under such regulations as he may prescribe,
may advance funds representing the United States pro
rata share of a project that is a segment of a wildlife
conservation and restoration program, including funds
to develop such program.
(B) Not more than 10 percent of the amounts
apportioned to each State under this section for a
State's wildlife conservation and restoration program
may be used for wildlife-associated recreation.
(5) For purposes of this subsection, the term
``State'' shall include the District of Columbia, the
Commonwealth of Puerto Rico, the Virgin Islands, Guam,
American Samoa, and the Commonwealth of the Northern
Mariana Islands.
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