Recovering America’s Wildlife Act of 2022
This bill provides financial and technical assistance to states, territories, and the District of Columbia for the purposes of (1) recovering species listed as a threatened or endangered species under the Endangered Species Act or under state law, or (2) avoiding the need to list species under such laws. For example, the bill establishes the Endangered Species Recovery and Habitat Conservation Legacy Fund. A portion of the fund must be used to establish an Endangered Species Recovery Grant Program.
It also provides funding for (1) the conservation or restoration of wildlife and plant species of greatest conservation need; (2) the wildlife conservation strategies of states, territories, or the District of Columbia; and (3) wildlife conservation education and recreation projects. The Department of the Interior must use a portion of the funding for a grant program. The grants must be used for innovative recovery efforts for species of greatest conservation need, species listed as endangered or threatened species, or the habitats of such species.
In addition, the bill requires certain revenues generated from fees and penalties for violations of environmental requirements to be used as a source for the funding.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2372 Introduced in Senate (IS)]
<DOC>
117th CONGRESS
1st Session
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.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 15, 2021
Mr. Heinrich (for himself and Mr. Blunt) introduced the following bill;
which was read twice and referred to the Committee on Environment and
Public Works
_______________________________________________________________________
A BILL
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Recovering America's Wildlife Act of
2021''.
TITLE I--WILDLIFE CONSERVATION AND RESTORATION
SEC. 101. WILDLIFE CONSERVATION AND RESTORATION SUBACCOUNT.
(a) In General.--Section 3 of the Pittman-Robertson Wildlife
Restoration Act (16 U.S.C. 669b) is amended in subsection (c)--
(1) by redesignating paragraphs (2) and (3) as paragraphs
(9) and (10); and
(2) by striking paragraph (1) and inserting the following:
``(1) Establishment of subaccount.--
``(A) In general.--There is established in the fund
a subaccount to be known as the `Wildlife Conservation
and Restoration Subaccount' (referred to in this
section as the `Subaccount').
``(B) Availability.--Amounts in the Subaccount
shall be available without further appropriation, for
each fiscal year, for apportionment in accordance with
this Act.
``(C) Deposits into subaccount.--
``(i) In general.--Beginning in fiscal year
2022, and for each fiscal year thereafter, the
Secretary of the Treasury shall transfer
$1,300,000,000 from the general fund of the
Treasury to the Subaccount.
``(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 (15 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; and
``(iii) 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.--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--
``(A) shall be used to implement the Wildlife
Conservation Strategy of a State, territory, or the
District of Columbia, as required under section 4(d),
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 2021.
``(B) Revenue described in subparagraph (A)(iii)
may only be used to fulfill the requirements of such
non-Federal fund matching requirement if--
``(i) no Federal funds apportioned to the
State fish and wildlife department of such
State from the Wildlife Restoration Program or
the Sport Fish Restoration Program have been
reverted because of a failure to fulfill such
non-Federal fund matching requirement by such
State during the previous 2 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.''.
(b) Allocation and Apportionment of Available Amounts.--Section 4
of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669c) is
amended--
(1) in subsection (d)--
(A) in paragraph (1)--
(i) in subparagraph (A), by striking ``to
the District of Columbia and to the
Commonwealth of Puerto Rico, each'' and
inserting ``To the District of Columbia'';
(ii) in subparagraph (B)--
(I) by striking ``to Guam'' and
inserting ``To Guam''; and
(II) by striking ``not more than
one-fourth of one percent'' and
inserting ``not less than one-third of
one percent''; and
(iii) by adding at the end the following:
``(C) To the Commonwealth of Puerto Rico, a sum
equal to not less than 1 percent thereof.'';
(B) in paragraph (2)(A)--
(i) by amending clause (i) to read as
follows:
``(i) 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) in clause (ii)--
(I) by striking ``two-thirds'' and
inserting ``one-quarter''; and
(II) by striking the period and
inserting ``; and''; and
(iii) by adding at the end the following:
``(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 (15 U.S.C. 1531 et seq.) in such State
bears to the total number of such species listed in all
such States.'';
(C) by amending paragraph (2)(B) to read as
follows:
``(B) The amounts apportioned under this paragraph
shall be adjusted equitably so that no such State,
unless otherwise designated, shall be apportioned a sum
which is less than 1 percent or more than 5 percent of
the amount available for apportionment under--
``(i) subparagraph (A)(i);
``(ii) subparagraph (A)(ii); and
``(iii) the overall amount available for
subparagraph (A).''; and
(D) in paragraph (3), by striking ``3 percent'' and
inserting ``1.85 percent'';
(2) in subsection (e)(4), as redesignated--
(A) by amending subparagraph (B) to read as
follows:
``(B) Not more than an average of 15 percent over a 5-year
period of amounts apportioned to each State, territory, or the
District of Columbia under this section for a wildlife
conservation and restoration program may be used for wildlife
conservation education and wildlife-associated recreation.'';
and
(B) by inserting after subparagraph (B), as so
amended, the following:
``(C) $55 million shall be reserved for States and
territories that include plants among their species of
greatest conservation need and in the conservation
planning and habitat prioritization efforts of their
Wildlife Conservation Strategy. Each eligible State,
territory, or the District of Columbia shall receive an
additional 5 percent of their apportioned amount. Any
unallocated resources shall be allocated proportionally
among all States and territories under the formulas of
this section.''; and
(3) by adding at the end following:
``(f) Minimization of Planning and Reporting.--Nothing in this Act
shall be interpreted to require a State to create a comprehensive
strategy related to conservation education or outdoor recreation.
``(g) Accountability.--Not more than one year after the date of
enactment of the Recovering America's Wildlife Act of 2021 and every 3
years thereafter, each State fish and wildlife department shall submit
a 3-year work plan and budget for implementing its Wildlife
Conservation Strategy and a report describing the results derived from
activities accomplished under subsection (c)(4) during the previous 3
years to--
``(1) the Committee on Environment and Public Works of the
Senate;
``(2) the Committee on Natural Resources of the House of
Representatives; and
``(3) the United States Fish and Wildlife Service.''.
SEC. 102. TECHNICAL AMENDMENTS.
(a) Definitions.--Section 2 of the Pittman-Robertson Wildlife
Restoration Act (16 U.S.C. 669a) is amended--
(1) in paragraph (7), by striking ``including fish,'';
(2) by redesignating paragraphs (6) through (9) as
paragraphs (5) through (8), respectively; and
(3) in paragraph (6), as redesignated by paragraph (2), by
inserting ``Indian Tribes, academic institutions,'' before
``wildlife conservation organizations''.
(b) Conforming Amendments.--The Pittman-Robertson Wildlife
Restoration Act (16 U.S.C. 669a et seq.) is amended--
(1) in section 3--
(A) in subsection (a)--
(i) by striking ``(1) An amount equal to''
and inserting ``An amount equal to''; and
(ii) by striking paragraph (2);
(B) in subsection (c)--
(i) in paragraph (9), as redesignated by
section 101(a)(1), by striking ``or an Indian
tribe''; and
(ii) in paragraph (10), as redesignated by
section 101(a)(1), by striking ``Wildlife
Conservation and Restoration Account'' and
inserting ``Subaccount''; and
(C) in subsection (d), by striking ``Wildlife
Conservation and Restoration Account'' and inserting
``Subaccount'';
(2) in section 4 (16 U.S.C. 669c)--
(A) in subsection (d), as redesignated--
(i) in the heading, by striking ``Account''
and inserting ``Subaccount''; and
(ii) by striking ``Account'' each place it
appears and inserting ``Subaccount''; and
(B) in subsection (e)(1), as redesignated, by
striking ``Account'' and inserting ``Subaccount''; and
(3) in section 8 (16 U.S.C. 669g), in subsection (a), by
striking ``Account'' and inserting ``Subaccount''.
SEC. 103. SAVINGS CLAUSE.
The Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669 et
seq.) is amended--
(1) by redesignating section 13 as section 15; and
(2) by inserting after section 12 the following:
``SEC. 13. SAVINGS CLAUSE.
``Nothing in this Act shall be construed to enlarge or diminish the
authority, jurisdiction, or responsibility of a State to manage,
control, or regulate fish and wildlife under the law and regulations of
the State on lands and waters within the State, including on Federal
lands and waters.
``SEC. 14. STATUTORY CONSTRUCTION WITH RESPECT TO ALASKA.
``If any conflict arises between any provision of this Act and any
provision of the Alaska National Interest Lands Conservation Act
(Public Law 46-487, 16 U.S.C. 3101 et seq.), then the provision in the
Alaska National Interest Lands Conservation Act shall prevail.''.
TITLE II--TRIBAL WILDLIFE CONSERVATION AND RESTORATION
SEC. 201. INDIAN TRIBES.
(a) Definitions.--In this section:
(1) Account.--The term ``Account'' means the Tribal
Wildlife Conservation and Restoration Account established by
subsection (b)(1).
(2) Indian tribe.--The term ``Indian Tribe'' has the
meaning given such term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(4) Tribal species of greatest conservation need.--The term
``Tribal species of greatest conservation need'' means any
species identified by an Indian Tribe as requiring conservation
management because of declining population, habitat loss, or
other threats, or because of their biological or cultural
importance to such Tribe.
(5) Wildlife.--The term ``wildlife'' means--
(A) any species of wild flora or fauna including
fish and marine mammals;
(B) flora or fauna in a captive breeding,
rehabilitation, and holding or quarantine program, the
object of which is to reintroduce individuals of a
depleted indigenous species into previously occupied
range or to maintain a species for conservation
purposes; and
(C) does not include game farm animals.
(b) Tribal Wildlife Conservation and Restoration Account.--
(1) In general.--There is established in the Treasury an
account to be known as the ``Tribal Wildlife Conservation and
Restoration Account''.
(2) Availability.--Amounts in the Account shall be
available for each fiscal year without further appropriation
for apportionment in accordance with this title.
(3) Deposits into account.--
(A) In general.--Beginning in fiscal year 2022, and
for each fiscal year thereafter, the Secretary of the
Treasury shall transfer $97,500,000 from the general
fund of the Treasury to the Account.
(B) Funding source.--
(i) Definition.--In this subparagraph, 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--
(I) shall be deposited in the
general fund of the Treasury; and
(II) shall be available for the
purposes of the transfer under
subparagraph (A).
(c) Distribution of Funds to Indian Tribes.--Each fiscal year, the
Secretary of the Treasury shall deposit funds into the Account and
distribute such funds through a noncompetitive application process
according to guidelines and criteria, and reporting requirements
determined by the Secretary of the Interior, acting through the
Director of the Bureau of Indian Affairs, in consultation with Indian
Tribes. Such funds shall remain available until expended.
(d) Wildlife Management Responsibilities.--The distribution
guidelines and criteria described in subsection (c) shall be based, in
part, upon Indian Tribes' wildlife management responsibilities.
(e) Use of Funds.--
(1) In general.--Except as provided in paragraph (2), the
Secretary may distribute funds from the Account to an Indian
Tribe for any of the following purposes:
(A) To develop, carry out, revise, or enhance
wildlife conservation and restoration programs to
manage Tribal species of greatest conservation need and
the habitats of such species as determined by the
Indian Tribe.
(B) To assist in the recovery of species listed as
an endangered or threatened species under the
Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.).
(C) For wildlife conservation education and
wildlife-associated recreation projects.
(D) To manage a Tribal species of greatest
conservation need and the habitat of such species, the
range of which may be shared with a foreign country,
State, or other Indian Tribe.
(E) To manage, control, and prevent invasive
species as well as diseases and other risks to
wildlife.
(F) For law enforcement activities that are
directly related to the protection and conservation of
wildlife.
(G) To develop, revise, and implement comprehensive
wildlife conservation strategies and plans for such
Tribe.
(H) For the hiring and training of wildlife
conservation and restoration program staff.
(2) Conditions on the use of funds.--
(A) Required use of funds.--In order to be eligible
to receive funds under subsection (c), a Tribe's
application must include a proposal to use funds for at
least one of the purposes described in subparagraphs
(A) and (B) of paragraph (1).
(B) Imperiled species recovery.--In distributing
funds under this section, the Secretary shall
distribute not less than 15 percent of the total funds
distributed to proposals to fund the recovery of a
species, subspecies, or distinct population segment
listed as a threatened species, endangered species, or
candidate species under the Endangered Species Act of
1973 (16 U.S.C. 1531 et seq.) or Tribal law.
(C) Limitation.--In distributing funds under this
section, the Secretary shall distribute not more than
15 percent of all funds distributed under this section
for the purpose described in paragraph (1)(C).
(f) No Matching Funds Required.--No Indian Tribe shall be required
to provide matching funds to be eligible to receive funds under this
Act.
(g) Public Access Not Required.--Funds apportioned from the Tribal
Wildlife Conservation and Restoration Account shall not be conditioned
upon the provision of public or non-Tribal access to Tribal or private
lands, waters, or holdings.
(h) Administrative Costs.--Of the funds deposited under subsection
(b)(3) for each fiscal year, not more than 3 percent shall be used by
the Secretary for administrative costs.
(i) Savings Clause.--Nothing in this Act shall be construed as
modifying or abrogating a treaty with any Indian Tribe, or as enlarging
or diminishing the authority, jurisdiction, or responsibility of an
Indian Tribe to manage, control, or regulate wildlife.
<all>
Introduced in Senate
Read twice and referred to the Committee on Environment and Public Works.
Committee on Environment and Public Works. Hearings held. Hearings printed: S.Hrg. 117-206.
Committee on Environment and Public Works. Ordered to be reported with an amendment in the nature of a substitute favorably.
Committee on Environment and Public Works. Reported by Senator Carper with an amendment in the nature of a substitute. Without written report.
Committee on Environment and Public Works. Reported by Senator Carper with an amendment in the nature of a substitute. Without written report.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 354.
By Senator Carper from Committee on Environment and Public Works filed written report. Report No. 117-135.
By Senator Carper from Committee on Environment and Public Works filed written report. Report No. 117-135.
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