,i #aaeth ,,congress #ast ,session ,h4 ,r4 #dfdg ,,in ,,the ,,house ,,of ,,representatives ,december #ad1 #bjag,mr4 ,fortenberry 7for himself and ,mrs4 ,dingell7 introduced the following bill2 which was referred to the ,committee on ,natural ,resources ,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 agencies1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,recovering ,america's ,wildlife ,act4 #b4 ,findings ,congress finds the following3 7#a7 ,a diverse array of species of fish and wildlife is of significant value to the ,united ,states for aesthetic1 ecological1 educational1 cultural1 recreational1 economic1 and scientific reasons4 7#b7 ,more than #ajj million citizens of the ,united ,states participate in outdoor recreation through hunting1 fishing1 birding1 and other wildlife-dependent recreation1 all of which have significant value to the citizens who engage in those activities and provide economic benefits to local communities4 7#c7 ,it is in the interest of the ,united ,states-- 7,a7 to retain for present and future generations the opportunity to hunt1 fish1 observe1 understand1 and appreciate a wide variety of fish and wildlife2 7,b7 to recover species of fish and wildlife listed as threatened species or endangered species under the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq47 and to prevent fish and wildlife species from declining to the point of requiring ,federal protection under such ,act2 and 7,c7 to support collaborative and proactive conservation that will sustain the diverse fish and wildlife populations of the ,united ,states4 7#d7 ,the first nongovernmental conservation organizations to instill fish and wildlife conservation values in hunters1 anglers1 bird watchers1 and all citizens were founded during the #ahhjs to #ahijs at the behest of hunters and anglers1 including ,theodore ,roosevelt and naturalist ,george ,bird ,grinnell1 who were alarmed that game and sportfish could not sustain unregulated harvest and that avifauna needed protection from commercial take4 7#e7 ,at the turn of the #bjth century1 the ,states-- 7,a7 realized the need to regulate the harvest of game and sportfish for sustainable use2 7,b7 required hunters and anglers to obtain licenses and established regulations for game seasons1 bag and creel limits1 and legal means of take for game and sportfish2 and 7,c7 used the funds received for such licenses largely for enforcement of such regulations4 7#f7 ,in #aicg1 an alliance between hunters and conservation organizations1 ,states1 the ,federal ,government1 and the shooting sports industry convinced ,congress to transfer to the ,states receipts from an existing ,federal excise tax on sporting arms and ammunition1 matched by ,state hunting license dollars1 for the management of wildlife and conservation of habitat under the ,pittman-,robertson ,wildlife ,restoration ,act 7#af ,u4,s4,c4 #ffi et seq471 which greatly enhanced the ,states' ability to move from primarily enforcing game seasons and bag limits to science-based research and management of wildlife4 7#g7 ,in #aiea1 an alliance between anglers and conservation organizations1 ,states1 the ,federal ,government1 and the sportfishing industry convinced ,congress to impose a ,federal excise tax on fishing equipment under the ,dingell-,johnson ,sportfish ,restoration ,act 7#af ,u4,s4,c4 #ggg et seq47 and to transfer to the ,states such receipts1 matched by ,state fishing license revenues1 to manage sportfish and conserve aquatic habitats1 enhancing the ,state fish and wildlife agency's ability to use science-based research and management of fish species4 7#h7 ,such user-pay1 public-benefits means of funding fish and wildlife conservation is unique in the world1 having been started in the ,united ,states by sportsmen and sportswomen who were willing to pay these fees to ensure dedicated funds went to fish and wildlife conservation delivered by the ,states4 7#i7 ,such user-pay funds 7licenses and excise taxes7-- 7,a7 have benefitted not only hunters and anglers1 but all citizens of the ,united ,states by providing abundant fish and wildlife 7including both game and nongame species71 clean water1 outdoor recreation1 healthy activities1 and quality of life2 and 7,b7 provide1 and will continue to provide1 a majority of the funds that are available to ,state fish and wildlife agencies for science-based research and management of fish and wildlife4 7#aj7 ,state fish and wildlife agencies are responsible for the conservation and management of all fish and wildlife in the ,state1 but are grossly underfunded because there are few funds available at the ,state level for fish and wildlife conservation1 except those driven by hunting and fishing license revenues and ,federal excise tax revenues4 7#aa7 ,congress created a subaccount known as the ,wildlife ,conservation and ,restoration ,subaccount under section #c7;a77#b7 of the ,pittman-,robertson ,wildlife ,restoration ,act 7#af ,u4,s4,c4 #ffi;b7a77#b77 to support the full array of fish and wildlife conservation needs identified by ,state fish and wildlife agencies1 including for species that are not hunted or fished1 but only authorized appropriations for the ,subaccount for one year4 7#ab7 ,while appropriated funds have been made available through the ,state and ,tribal ,wildlife ,grants program of the ,united ,states ,fish and ,wildlife ,service1 the lack of assured and sufficient dedicated funding for the ,wildlife ,conservation and ,restoration ,subaccount has left unrealized the goals of the ,subaccount1 thereby allowing fish and wildlife populations to continue to decline across the ,united ,states and resulting in hundreds of species being listed as threatened species or endangered species under the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq474 7#ac7 ,under the ,pittman-,robertson ,wildlife ,restoration ,act 7#af ,u4,s4,c4 #ffi et seq471 each ,state and territory is required to seek public input and produce a comprehensive fish and wildlife conservation strategy1 otherwise known as a ,state ,wildlife ,action ,plan1 to guide the ,state-led conservation of the full array of fish1 wildlife1 and their habitats4 7#ad7 ,providing assured and sufficient dedicated funding to the ,wildlife ,conservation and ,restoration ,subaccount will advance the national interest by assuring sustainable populations of fish and wildlife species are available for the use and enjoyment of citizens of the ,united ,states through implementing the comprehensive fish and wildlife conservation strategy of each ,state and territory4 7#ae7 ,as funds become available for the purposes of this ,act1 sportsmen and sportswomen expect ,states to secure the needed non-,federal match from sources other than revenue generated by sportsmen and sportswomen through the sale of ,state hunting and fishing licenses 7except when projects or programs benefit habitat for species that are hunted or fished and other associated wildlife74 #c4 ,wildlife ,conservation and ,restoration ,subaccount 7a7 ,in general ,section #c of the ,pittman-,robertson ,wildlife ,restoration ,act 7#af ,u4,s4,c4 #ffi;b7 is amended-- 7#a7 in subsection 7a7-- 7,a7 by striking 7#a7 ,an amount equal to and inserting ,an amount equal to2 and 7,b7 by striking paragraph 7#b72 and 7#b7 in subsection 7c7-- 7,a7 by striking 7c77#a7 ,amounts transferred to the ,wildlife ,conservation and ,restoration ,account and inserting the following3 7c7 ,wildlife ,conservation and ,restoration ,subaccount 7#a7 ,establishment of ,subaccount 7,a7 ,in general ,there is established in the ,federal ,aid to ,wildlife ,restoration ,fund a subaccount to be known as the ,wildlife ,conservation and ,restoration ,subaccount 7referred to in this subsection as the ,subaccount74 7,b7 ,availability ,amounts in the ,subaccount shall be available without further appropriation1 for each fiscal year1 for apportionment in accordance with this ,act4 7,c7 ,deposits into ,subaccount ,beginning in fiscal year #bjah1 the ,secretary of the ,treasury shall transfer to the fund for deposit in the ,subaccount the following3 7i7 ,outer ,continental ,shelf revenues ,from amounts deposited in the ,treasury under section #i of the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #acch71 #fej1jjj1jjj4 7ii7 ,mining revenues ,from amounts deposited in the ,treasury under section #ce of the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #aia71 after the withdrawal of funds to the ,states under subsection 7a7 of that section1 #fej1jjj1jjj4 7#b7 ,supplement not supplant ,amounts transferred to the ,wildlife ,conservation and ,restoration ,subaccount 2 7,b7 in paragraph 7#b71 as added by subparagraph 7,a7-- 7i7 by striking wildlife restoration account and and inserting wildlife restoration account42 and 7ii7 by striking shall be used for the development1 and all that follows through existing programs and projects4 and inserting the following3 7#c7 ,use of funds ,funds appropriated from the ,subaccount-- 7,a7 shall be used to carry out1 revise1 or enhance existing wildlife conservation and restoration programs and to develop and implement new wildlife conservation and restoration programs to manage wildlife species of greatest conservation need1 including species that are not hunted or fished1 and their habitats as determined by the appropriate ,state fish and wildlife department2 7,b7 shall be used to develop1 revise and implement a wildlife conservation strategy of the ,state as may be required by this ,act2 7,c7 shall be used for wildlife conservation education and wildlife-associated recreation projects2 7,d7 may be used to assist in the recovery of a species listed as an endangered species or threatened species under the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq472 7,e7 may be used to manage a species of greatest conservation need whose range is shared with a foreign government and the habitat of such species2 7,f7 may be used to manage1 control1 and prevent invasive and nuisance species and other risks to species of greatest conservation need2 and 7,g7 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 species4 2 7,c7 by adding at the end the following3 7#d7 ,public access not required ,funds apportioned from the ,wildlife ,conservation and ,restoration ,subaccount shall not be conditioned upon the provision of public access to private lands1 waters1 or holdings4 7#e7 ,requirements for matching funds 7,a7 ,in general ,for the purposes of the non-,federal fund matching requirement for a wildlife conservation or restoration program or project funded by the ,wildlife ,conservation ,restoration ,subaccount1 a ,state-- 7i7 may use as matching non-,federal funds-- 7,i7 funds from ,federal agencies other than the ,department of the ,interior and the ,department of ,agriculture2 and 7,,ii7 donated private lands and waters1 including privately-owned easements2 and 7ii7 may not use as matching non-,federal funds-- 7,i7 revenue from the sale of ,state hunting and fishing licenses1 except if all available ,federal funds apportioned to a ,state fish and wildlife agency from the ,wildlife ,restoration ,program or the ,sport ,fish ,restoration ,program have been obligated by the ,state1 then revenue generated through the sale of ,state hunting and fishing licenses may be used as non-,federal match for projects and programs that benefit the habitat of species that are hunted or fished and other species that have greatest conservation need4 7#f7 ,definitions ,for the purposes of this subsection-- 7,a7 ,wildlife ,the term wildlife means any species of wild1 freeranging fauna1 including fish1 and also fauna in captive breeding programs the object of which is to reintroduce individuals of a depleted indigenous species into previously occupied range4 2 7,d7 by redesignating paragraphs 7#b7 and 7#c7 as paragraphs 7#g7 and 7#h71 respectively2 and 7,e7 in paragraph 7#b71 as redesignated by subparagraph 7,d71 by striking or an ,indian tribe4 7b7 ,allocation and apportionment of available amounts ,section #d of the ,pittman-,robertson ,wildlife ,restoration ,act 7#af ,u4,s4,c4 #ffi;c7 is amended-- 7#a7 in subsection 7c77#b77;,a7-- 7,a7 in clause 7i71 by striking one-third and inserting one-half2 and 7,b7 in clause 7ii71 by striking two-thirds and inserting one-half2 and 7#b7 by adding at the end following3 7e7 ,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 recreation4 4 #d4 ,clarifying amendments 7a7 ,definitions ,section #b of the ,pittman-,robertson ,wildlife ,restoration ,act 7#af ,u4,s4,c4 #ffi;a7 is amended-- 7#a7 by striking paragraph 7#d72 7#b7 by redesignating paragraphs 7#e7 through 7#h7 as paragraphs 7#d7 through 7#g71 respectively2 and 7#c7 in paragraph 7#e71 as so redesignated by paragraph 7#b71 by inserting ,indian ,tribes1 academic institutions1 before wildlife conservation organizations4 7b7 ,conforming amendments ,the ,pittman-,robertson ,wildlife ,restoration ,act 7#af ,u4,s4,c4 #ffi;a et seq47 is amended-- 7#a7 in section #c 7#af ,u4,s4,c4 #ffi;b7-- 7,a7 in subsection 7c77#c71 by striking ,account and inserting ,subaccount2 and 7,b7 in subsection 7d71 by striking ,account and inserting ,subaccount2 7#b7 in section #d 7#af ,u4,s4,c4 #ffi;c7-- 7,a7 in subsection 7c7-- 7i7 in the subsection heading1 by striking ,account and inserting ,subaccount2 7ii7 in the matter preceding subparagraph 7,a71 by striking ,account and inserting ,subaccount2 7iii7 in the matter preceding paragraph 7#b77;,a77i71 by striking ,account and inserting ,subaccount2 and 7iv7 in paragraph 7#c71 by striking ,account and inserting ,subaccount2 and 7,b7 in subsection 7d77#a71 by striking ,account and inserting ,subaccount2 and 7#c7 in section #h 7#af ,u4,s4,c4 #ffi;g71 in subsection 7a71 by striking ,account and inserting ,subaccount4 7c7 ,technical amendments ,section #d of the ,pittman-,robertson ,wildlife ,restoration ,act 7#af ,u4,s4,c4 #ffi;c7 is amended-- 7#a7 in the second subsection 7c71 by striking 7c7 and inserting 7d72 and 7#b7 by redesignating subsection 7d7 as subsection 7e74 #e4 ,savings clause ,the ,pittman-,robertson ,wildlife ,restoration ,act 7#af ,u4,s4,c4 #ffi et seq47 is amended-- 7#a7 by redesignating section #ac as section #ad2 and 7#b7 by inserting after section #ab the following3 #ac4 ,savings clause ,nothing in this ,act shall be construed to affect the authority1 jurisdiction1 or responsibility of a ,state to manage1 control1 or regulate fish and wildlife under the law and regulations of the ,state on lands and waters within the ,state1 including on ,federal lands and waters4 #ad4 ,statutory construction with respect to ,alaska 7a7 ,in general ,nothing in this ,act shall be construed to affect-- 7#a7 the provisions for subsistence uses in ,alaska set forth in the ,alaska ,national ,interest ,lands ,conservation ,act 7#af ,u4,s4,c4 #caja et seq471 including the such provisions in titles ,,iii and ,,viii of that ,act2 7#b7 the provisions of section #ajb of the ,alaska ,national ,interest ,lands ,conservation ,act 7#af ,u4,s4,c4 #caja et seq471 the jurisdiction over subsistence uses in ,alaska1 or any assertion of subsistence uses in ,alaska in the ,federal courts2 or 7#c7 the manner in which section #haj of the ,alaska ,national ,interest ,lands ,conservation ,act 7#af ,u4,s4,c4 #cabj7 is implemented on ,federal lands and waters in ,alaska4 7b7 ,conflicts of laws ,if any conflict arises between any provision of this ,act and any provision of the ,alaska ,national ,interest ,lands ,conservation ,act 7#af ,u4,s4,c4 #caja et seq471 then the provision in the ,alaska ,national ,interest ,lands ,conservation ,act shall prevail4 4