,,ii #aafth ,,congress #ast ,session ,s4 #caag ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,december #ai1 #bjai,mr4 ,blumenthal 7for himself1 ,mr4 ,merkley1 ,ms4 ,hirono1 and ,ms4 ,rosen7 introduced the following bill2 which was read twice and referred to the ,committee on ,environment and ,public ,works ,a ,,bill ,to create dedicated funds to conserve butterflies in ,north ,america1 plants in the ,pacific ,islands1 freshwater mussels in the ,united ,states1 and desert fish in the ,southwest ,united ,states1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,extinction ,prevention ,act of #bjai4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,sec4 #b4 ,definition of ,secretary4,,title ,i--,north ,america ,butterfly ,conservation ,fund ,act of #bjai,sec4 #aja4 ,short title4,sec4 #ajb4 ,purposes4,sec4 #ajc4 ,definitions4,sec4 #ajd4 ,north ,america butterfly conservation assistance4,sec4 #aje4 ,north ,america ,butterfly ,conservation ,fund4,sec4 #ajf4 ,report to ,congress4,sec4 #ajg4 ,authorization of appropriations4,,title ,,ii--,pacific ,islands ,plant ,conservation ,fund ,act of #bjai,sec4 #bja4 ,short title4,sec4 #bjb4 ,purpose4,sec4 #bjc4 ,definitions4,sec4 #bjd4 ,pacific ,islands plant conservation assistance4,sec4 #bje4 ,pacific ,islands ,plant ,conservation ,fund4,sec4 #bjf4 ,report to ,congress4,sec4 #bjg4 ,authorization of appropriations4,,title ,,iii--,freshwater ,mussel ,conservation ,fund ,act of #bjai,sec4 #cja4 ,short title4,sec4 #cjb4 ,purpose4,sec4 #cjc4 ,definitions4,sec4 #cjd4 ,freshwater mussel conservation assistance4,sec4 #cje4 ,freshwater ,mussel ,conservation ,fund4,sec4 #cjf4 ,report to ,congress4,sec4 #cjg4 ,authorization of appropriations4,,title ,,iv--,southwest ,desert ,fish ,conservation ,fund ,act of #bjai,sec4 #dja4 ,short title4,sec4 #djb4 ,purpose4,sec4 #djc4 ,definitions4,sec4 #djd4 ,southwest desert fish conservation assistance4,sec4 #dje4 ,southwest ,desert ,fish ,conservation ,fund4,sec4 #djf4 ,report to ,congress4,sec4 #djg4 ,authorization of appropriations4 #b4 ,definition of ,secretary ,in this ,act1 the term ,secretary means the ,secretary of the ,interior4 ,i ,north ,america ,butterfly ,conservation ,fund ,act of #bjai #aja4 ,short title ,this title may be cited as the ,north ,america ,butterfly ,conservation ,fund ,act of #bjai4 #ajb4 ,purposes ,the purposes of this title are-- 7#a7 to perpetuate healthy populations of butterflies in ,north ,america2 7#b7 to assist in the conservation of threatened and endangered butterflies by supporting conservation initiatives in ,north ,america2 and 7#c7 to provide financial resources and to foster international cooperation for the conservation initiatives described in paragraph 7#b74 #ajc4 ,definitions ,in this title3 7#a7 ,butterfly ,the term butterfly means any member of the order ,lepidoptera4 7#b7 ,conservation ,the term conservation means the use of all methods and procedures necessary to protect the habitats of butterflies in ,north ,america and the butterflies in those habitats1 including-- 7,a7 protection1 restoration1 and management of the habitats2 7,b7 onsite research and monitoring of-- 7i7 butterfly populations2 7ii7 butterfly habitats2 7iii7 annual butterfly reproduction2 and 7iv7 butterfly species population trends2 7,c7 assistance in the development1 implementation1 and improvement of national and regional management plans2 7,d7 enforcement and implementation of applicable conservation laws2 and 7,e7 community outreach and education4 7#c7 ,fund ,the term ,fund means the ,north ,america ,butterfly ,conservation ,fund established by section #aje7;a74 7#d7 ,north ,america ,the term ,north ,america means-- 7,a7 ,antigua and ,barbuda2 7,b7 the ,bahamas2 7,c7 ,barbados2 7,d7 ,belize2 7,e7 ,canada2 7,f7 ,costa ,rica2 7,g7 ,cuba2 7,h7 ,dominica2 7,i7 the ,dominican ,republic2 7,j7 ,el ,salvador2 7,k7 ,grenada2 7,l7 ,guatemala2 7,m7 ,haiti2 7,n7 ,honduras2 7,o7 ,jamaica2 7,p7 ,mexico2 7,q7 ,nicaragua2 7,r7 ,panama2 7,s7 ,saint ,kitts and ,nevis2 7,t7 ,saint ,lucia2 7,u7 ,saint ,vincent and the ,grenadines2 7,v7 ,trinidad and ,tobago2 and 7,w7 the ,united ,states4 #ajd4 ,north ,america butterfly conservation assistance 7a7 ,assistance 7#a7 ,in general ,subject to the availability of funds1 and in consultation with other ,federal officials1 the ,secretary shall use amounts in the ,fund to provide financial assistance for projects for the conservation of butterflies and for which a project proposal is approved by the ,secretary under subsection 7c74 7#b7 ,use of existing authorities ,assistance provided under this section shall be carried out in a manner consistent with authorities available to the ,secretary under the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq474 7b7 ,project proposals 7#a7 ,eligible applicants ,a proposal for a project for the conservation of butterflies may be submitted to the ,secretary by-- 7,a7 a ,state that has within its boundaries butterfly habitat2 7,b7 a ,tribal agency of an ,indian ,tribe the ,tribal land of which contains butterfly habitat2 7,c7 a relevant ,state agency1 ,tribal agency1 research institution1 nonprofit organization1 or wildlife management authority in ,north ,america that directly or indirectly affects butterfly conservation1 as determined by the ,secretary2 or 7,d7 any other individual or entity1 as determined appropriate by the ,secretary1 with the demonstrated expertise required for the conservation of butterflies in ,north ,america4 7#b7 ,federal partnership opportunities 7,a7 ,in general ,a ,federal agency may be included as a partner or a collaborator on a project that receives funding under this section4 7,b7 ,prohibition ,a ,federal agency may not-- 7i7 be a lead entity on a project that receives funding under this section2 or 7ii7 receive funding for a project under this section4 7#c7 ,required elements ,a project proposal shall include-- 7,a7 a statement of the purposes of the project2 7,b7 the name of the entity or individual with overall responsibility for the project2 7,c7 a description of-- 7i7 the qualifications of the entity or individuals that will carry out the project2 7ii7 methods for project implementation and outcome assessment2 7iii7 staffing and stakeholder engagement for the project2 7iv7 the logistics of the project1 including cost estimates and timelines2 7v7 anticipated outcomes of the project2 and 7vi7 mechanisms to encourage adequate local public participation in project development and implementation2 7,d7 assurances that the project will be implemented in consultation with relevant wildlife management authorities1 ,indian ,tribes1 and other appropriate government officials2 7,e7 evidence of free1 informed1 and prior consent by indigenous communities in the areas in which the project will be conducted1 if the ,secretary determines that the consent is required for the success of the project2 7,f7 demonstrated sensitivity to-- 7i7 local historic and cultural resources2 and 7ii7 compliance with applicable laws2 7,g7 information that demonstrates the potential of the project to contribute to the conservation of butterfly populations in ,north ,america2 7,h7 evidence of support for the project by appropriate governmental entities of the countries1 ,indian ,tribes1 and indigenous communities in which the project will be conducted1 if the ,secretary determines that the support is required for the success of the project2 7,i7 information regarding the source and amount of any matching funding available for the project2 and 7,j7 such other information as the ,secretary may require4 7c7 ,project review and approval 7#a7 ,in general ,the ,secretary shall-- 7,a7 not later than #cj days after receiving a project proposal1 provide a copy of the proposal to other ,federal officials1 as appropriate2 and 7,b7 review each project proposal in a timely manner to determine whether the proposal meets the criteria described in paragraph 7#c74 7#b7 ,consultation2 approval or disapproval ,subject to the availability of funds1 not later than #ahj days after receiving a project proposal1 the ,secretary1 after consulting with other ,federal officials1 as appropriate1 shall-- 7,a7 consult with the government of each country in which the project is to be carried out regarding the proposal2 7,b7 after taking into consideration any comments resulting from the consultation under subparagraph 7,a71 approve or disapprove the project proposal2 and 7,c7 provide written notification of the approval or disapproval of the project proposal to-- 7i7 the person that submitted the project proposal2 7ii7 other appropriate ,federal officials2 and 7iii7 each country described in subparagraph 7,a74 7#c7 ,criteria for ,approval 7,a7 ,in general ,the ,secretary may approve a project proposal under this section if the project will help recover and sustain viable populations of butterflies in the wild by assisting efforts in ,north ,america to implement butterfly conservation programs4 7,b7 ,priority ,in determining whether to approve a project proposal under this section1 the ,secretary shall give the highest priority to projects that conserve species listed as threatened species or endangered species under the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq474 7,c7 ,preferences ,in determining whether to approve a project proposal under this section1 the ,secretary1 to the maximum extent practicable1 shall give preference to-- 7i7 conservation projects that are designed to ensure effective1 long-term conservation of butterflies and butterfly habitats2 and 7ii7 projects for which matching funds are available4 7,d7 ,waiver ,the ,secretary may waive the application of subparagraphs 7,b7 and 7,c7 if the ,secretary determines that the waiver is necessary to support a conservation project that the ,secretary has identified as being of high priority4 7d7 ,project reporting 7#a7 ,in general ,each person that receives assistance for a project under this section shall submit to the ,secretary1 at such intervals as the ,secretary may require1 periodic reports that include all information that the ,secretary1 after consultation with other ,federal ,government officials1 determines is necessary to evaluate the progress and success of the project for the purposes of ensuring positive results1 assessing problems1 and fostering improvements4 7#b7 ,availability to the public ,each report under paragraph 7#a7 and any other document relating to a project for which financial assistance is provided under this title shall be made available to the public in a timely manner4 #aje4 ,north ,america ,butterfly ,conservation ,fund 7a7 ,establishment ,there is established in the ,treasury of the ,united ,states a separate account1 to be known as the ,north ,america ,butterfly ,conservation ,fund1 consisting of-- 7#a7 amounts transferred to the ,secretary of the ,treasury for deposit into the ,fund under subsection 7e72 7#b7 amounts appropriated to the ,fund under section #ajg2 and 7#c7 any interest earned on investment of amounts in the ,fund under subsection 7c74 7b7 ,expenditures from fund 7#a7 ,in general ,subject to paragraph 7#b71 at the request of the ,secretary1 the ,secretary of the ,treasury shall transfer from the ,fund to the ,secretary1 without further appropriation1 such amounts as the ,secretary determines are necessary to carry out section #ajd4 7#b7 ,administrative expenses ,to pay the administrative expenses necessary to carry out this title in a fiscal year1 the ,secretary may expend from the ,fund not more than the greater of-- 7,a7 #c percent of the amounts in the ,fund that are available for the fiscal year2 and 7,b7 #hj1jjj4 7c7 ,investment of amounts 7#a7 ,in general ,the ,secretary of the ,treasury shall invest the portion of the ,fund that is not1 in the judgment of the ,secretary of the ,treasury1 required to meet current withdrawals4 7#b7 ,requirement ,investments under paragraph 7#a7 may be made only in interest-bearing obligations of the ,united ,states4 7#c7 ,acquisition of obligations ,for the purpose of investments under paragraph 7#a71 obligations of the ,united ,states may be acquired-- 7,a7 on original issue at the issue price2 or 7,b7 by purchase of outstanding obligations at market price4 7#d7 ,sale of obligations ,any obligation of the ,united ,states acquired by the ,fund may be sold by the ,secretary of the ,treasury at market price4 7#e7 ,credits to fund ,the interest on1 and the proceeds from the sale or redemption of1 any obligations held in the ,fund shall be credited to and form a part of the ,fund4 7d7 ,transfers of amounts 7#a7 ,in general ,not less frequently than monthly1 the ,secretary of the ,treasury shall transfer from the general fund of the ,treasury to the ,fund the amounts required to be transferred to the ,fund under this section on the basis of estimates made by the ,secretary of the ,treasury4 7#b7 ,adjustments ,in carrying out paragraph 7#a71 the ,secretary of the ,treasury shall make proper adjustments in amounts transferred to the ,fund to the extent that prior estimates were in excess of or less than the amounts required to be transferred under this section4 7e7 ,acceptance and use of donations 7#a7 ,in general ,the ,secretary may accept for the ,government1 and shall transfer to the ,secretary of the ,treasury for deposit into the ,fund1 a gift to provide assistance under section #ajd of-- 7,a7 money2 7,b7 an obligation of the ,government included in the public debt made only on the condition that the obligation be canceled and retired and not reissued2 or 7,c7 any other intangible personal property made only on the condition that the property is sold on the best terms available and the proceeds are deposited in the ,fund4 7#b7 ,discretion to reject a gift ,the ,secretary may reject a gift under this subsection when the rejection is in the interest of the ,government1 as determined by the ,secretary4 7#c7 ,taxes ,if a gift received under this subsection is subject to a gift or inheritance tax1 the ,secretary may pay the tax out of the proceeds of the gift or the proceeds of the redemption or sale of the gift4 #ajf4 ,report to ,congress 7a7 ,in general ,not later than ,january #ca of each year1 the ,secretary shall submit to ,congress a report regarding the ,fund and the status of butterflies in ,north ,america4 7b7 ,requirements ,each report under subsection 7a7 shall include1 for the year covered by the report1 a description of-- 7#a7 the total amounts deposited into and expended from the ,fund2 7#b7 the costs associated with the administration of the ,fund2 7#c7 a summary of the projects for which the ,secretary has provided assistance under section #ajd and an evaluation of those projects2 and 7#d7 an evaluation of the status of threatened and endangered butterfly populations in ,north ,america4 #ajg4 ,authorization of appropriations ,there is authorized to be appropriated to the ,fund #e1jjj1jjj for each of fiscal years #bjbj through #bjbe4 ,,ii ,pacific ,islands ,plant ,conservation ,fund ,act of #bjai #bja4 ,short title ,this title may be cited as the ,pacific ,islands ,plant ,conservation ,fund ,act of #bjai4 #bjb4 ,purpose ,the purpose of this title is to assist in the conservation of threatened and endangered plant species in the ,hawaiian ,islands and the ,pacific ,island ,territories of the ,united ,states by supporting and providing financial resources for projects-- 7#a7 to conserve plant species2 7#b7 to conserve the ecosystems of those plant species2 and 7#c7 to address other threats to the survival of those plant species4 #bjc4 ,definitions ,in this title3 7#a7 ,conservation ,the term conservation means the use of all methods and procedures necessary to protect plants in the ,pacific ,islands1 including-- 7,a7 protection1 restoration1 and management of ecosystems2 7,b7 onsite research and monitoring of-- 7i7 plant populations2 7ii7 plant ecosystems2 7iii7 annual plant reproduction2 and 7iv7 plant population trends2 7,c7 assistance in the development1 implementation1 and improvement of management plans2 7,d7 enforcement and implementation of applicable conservation laws2 and 7,e7 community outreach and education4 7#b7 ,fund ,the term ,fund means the ,pacific ,islands ,plant ,conservation ,fund established by section #bje7;a74 7#c7 ,pacific ,islands ,the term ,pacific ,islands means-- 7,a7 the ,hawaiian ,islands2 and 7,b7 the ,united ,states territories of-- 7i7 ,guam2 7ii7 ,american ,samoa2 and 7iii7 the ,commonwealth of the ,northern ,mariana ,islands4 #bjd4 ,pacific ,islands plant conservation assistance 7a7 ,assistance 7#a7 ,in general ,subject to the availability of funds1 and in consultation with other ,federal officials1 the ,secretary of the ,interior shall provide competitive financial assistance1 including multiyear grants1 for projects for the conservation of plant species on the ,pacific ,islands and for which a project proposal is approved by the ,secretary under subsection 7c74 7#b7 ,use of existing authorities ,assistance provided under this section shall be carried out in a manner consistent with authorities available to the ,secretary under the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq474 7b7 ,project proposals 7#a7 ,eligible applicants ,a project proposal may be submitted to the ,secretary under this section by-- 7,a7 a relevant ,state1 territory1 or ,tribal agency with the research expertise required for the conservation of plant species on the ,pacific ,islands2 and 7,b7 any other individual or entity1 as determined appropriate by the ,secretary1 with the expertise required for the conservation of plant species on the ,pacific ,islands4 7#b7 ,federal partnership opportunities 7,a7 ,in general ,a ,federal agency may be included as a partner or a collaborator on a project that receives funding under this section4 7,b7 ,prohibition ,a ,federal agency may not-- 7i7 be a lead entity on a project that receives funding under this section2 or 7ii7 receive funding for a project under this section4 7#c7 ,required elements ,a project proposal shall include-- 7,a7 a statement of the purposes of the project2 7,b7 the name of the entity or individual with overall responsibility for the project2 7,c7 a description of-- 7i7 the qualifications of the entity or individuals that will carry out the project2 7ii7 methods for project implementation and outcome assessment2 7iii7 staffing and stakeholder engagement for the project2 7iv7 the logistics of the project1 including cost estimates and timelines2 7v7 anticipated outcomes of the project2 7vi7 mechanisms to ensure adequate local public participation in project development and implementation2 and 7vii7 how the project will promote sustainable1 effective1 long-term programs to conserve plant populations on the ,pacific ,islands2 7,d7 demonstrated sensitivity to-- 7i7 local historic and cultural resources2 and 7ii7 compliance with applicable laws2 7,e7 assurances that the project will be implemented in consultation with relevant wildlife management authorities1 ,indian ,tribes1 and other appropriate government officials2 7,f7 information that demonstrates the clear potential of the project to contribute to the conservation of threatened and endangered plant species on the ,pacific ,islands2 7,g7 information regarding the source and amount of any matching funding available for the project2 and 7,h7 such other information as the ,secretary may require4 7c7 ,project review and approval 7#a7 ,in general ,the ,secretary shall-- 7,a7 not later than #cj days after receiving a project proposal1 provide a copy of the proposal to other ,federal officials1 as appropriate2 and 7,b7 review each project proposal in a timely manner to determine whether the proposal meets the criteria described in paragraph 7#c74 7#b7 ,consultation2 approval or disapproval ,subject to the availability of funds1 not later than #ahj days after receiving a project proposal1 the ,secretary1 after consulting with other ,federal officials1 as appropriate1 shall-- 7,a7 consult with the government of the ,state or territory in which the project is to be carried out regarding the proposal2 and 7,b7 provide written notification of the approval or disapproval of the proposal to-- 7i7 the individual or entity that submitted the project proposal2 7ii7 other appropriate ,federal officials2 and 7iii7 each ,state or territory described in subparagraph 7,a74 7#c7 ,criteria for approval 7,a7 ,in general ,the ,secretary may approve a project proposal under this section if the project will help recover and sustain viable populations of threatened and endangered plants by assisting efforts on the ,pacific ,islands to implement plant conservation programs4 7,b7 ,priority ,in determining whether to approve a project proposal under this section1 the ,secretary shall give the highest priority to projects that conserve species listed as threatened species or endangered species under the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq474 7,c7 ,preferences ,in determining whether to approve a project proposal under this section1 the ,secretary1 to the maximum extent practicable1 shall give preference to-- 7i7 conservation projects that are designed to ensure effective1 long-term conservation of plants and plant ecosystems2 and 7ii7 projects for which matching funds are available4 7,d7 ,waiver ,the ,secretary may waive the application of subparagraphs 7,b7 and 7,c7 if the ,secretary determines that the waiver is necessary to support a conservation project that the ,secretary has identified as being of high priority4 7d7 ,project reporting 7#a7 ,in general ,each individual or entity that receives assistance for a project under this section shall submit to the ,secretary1 at such intervals as the ,secretary may require1 periodic reports that include all information that the ,secretary1 after consultation with other government officials1 determines is necessary to evaluate the progress and success of the project for the purposes of ensuring positive results1 assessing problems1 and fostering improvements4 7#b7 ,availability to the public ,each report under paragraph 7#a7 and any other document relating to a project for which financial assistance is provided under this title shall be made available to the public in a timely manner4 #bje4 ,pacific ,islands ,plant ,conservation ,fund 7a7 ,establishment ,there is established in the ,treasury of the ,united ,states a separate account1 to be known as the ,pacific ,islands ,plant ,conservation ,fund1 consisting of-- 7#a7 amounts transferred to the ,secretary of the ,treasury for deposit into the ,fund under subsection 7e72 7#b7 amounts appropriated to the ,fund under section #bjg2 and 7#c7 any interest earned on investment of amounts in the ,fund under subsection 7c74 7b7 ,expenditures from fund 7#a7 ,in general ,subject to paragraph 7#b71 at the request of the ,secretary1 the ,secretary of the ,treasury shall transfer from the ,fund to the ,secretary1 without further appropriation1 such amounts as the ,secretary determines are necessary to carry out section #bjd4 7#b7 ,administrative expenses ,to pay the administrative expenses necessary to carry out this title in a fiscal year1 the ,secretary may expend from the ,fund not more than the greater of-- 7,a7 #c percent of the amounts in the ,fund that are available for the fiscal year2 and 7,b7 #hj1jjj4 7c7 ,investment of amounts 7#a7 ,in general ,the ,secretary of the ,treasury shall invest the portion of the ,fund that is not1 in the judgment of the ,secretary of the ,treasury1 required to meet current withdrawals4 7#b7 ,requirement ,investments under paragraph 7#a7 may be made only in interest-bearing obligations of the ,united ,states4 7#c7 ,acquisition of obligations ,for the purpose of investments under paragraph 7#a71 obligations of the ,united ,states may be acquired-- 7,a7 on original issue at the issue price2 or 7,b7 by purchase of outstanding obligations at market price4 7#d7 ,sale of obligations ,any obligation of the ,united ,states acquired by the ,fund may be sold by the ,secretary of the ,treasury at market price4 7#e7 ,credits to fund ,the interest on1 and the proceeds from the sale or redemption of1 any obligations held in the ,fund shall be credited to and form a part of the ,fund4 7d7 ,transfers of amounts 7#a7 ,in general ,not less frequently than monthly1 the ,secretary of the ,treasury shall transfer from the general fund of the ,treasury to the ,fund the amounts required to be transferred to the ,fund under this section on the basis of estimates made by the ,secretary of the ,treasury4 7#b7 ,adjustments ,in carrying out paragraph 7#a71 the ,secretary of the ,treasury shall make proper adjustments in amounts transferred to the ,fund to the extent that prior estimates were in excess of or less than the amounts required to be transferred under this section4 7e7 ,acceptance and use of donations 7#a7 ,in general ,the ,secretary may accept for the ,government1 and shall transfer to the ,secretary of the ,treasury for deposit into the ,fund1 a gift to provide assistance under section #bjd of-- 7,a7 money2 7,b7 an obligation of the ,government included in the public debt made only on the condition that the obligation be canceled and retired and not reissued2 or 7,c7 any other intangible personal property made only on the condition that the property is sold on the best terms available and the proceeds are deposited in the ,fund4 7#b7 ,discretion to reject a gift ,the ,secretary may reject a gift under this subsection when the rejection is in the interest of the ,government1 as determined by the ,secretary4 7#c7 ,taxes ,if a gift received under this subsection is subject to a gift or inheritance tax1 the ,secretary may pay the tax out of the proceeds of the gift or the proceeds of the redemption or sale of the gift4 #bjf4 ,report to ,congress 7a7 ,in general ,not later than ,january #ca of each year1 the ,secretary shall submit to ,congress a report regarding the ,fund and the status of threatened and endangered plant species on the ,pacific ,islands4 7b7 ,requirements ,each report under subsection 7a7 shall include1 for the year covered by the report1 a description of-- 7#a7 the total amounts deposited into and expended from the ,fund2 7#b7 the costs associated with the administration of the ,fund2 7#c7 a summary of the projects for which the ,secretary has provided assistance under section #bjd and an evaluation of those projects2 and 7#d7 an evaluation of the status of threatened and endangered plant populations on the ,pacific ,islands4 #bjg4 ,authorization of appropriations ,there is authorized to be appropriated to the ,fund #e1jjj1jjj for each of fiscal years #bjbj through #bjbe4 ,,iii ,freshwater ,mussel ,conservation ,fund ,act of #bjai #cja4 ,short title ,this title may be cited as the ,freshwater ,mussel ,conservation ,fund ,act of #bjai4 #cjb4 ,purpose ,the purpose of this title is to assist in the conservation of threatened and endangered freshwater mussel species and the habitats of those species in the ,united ,states by supporting and providing financial resources for projects-- 7#a7 to conserve freshwater mussel species2 7#b7 to conserve the habitats of those species2 and 7#c7 to address other threats to the survival of those species4 #cjc4 ,definitions ,in this title3 7#a7 ,conservation ,the term conservation means the use of all methods and procedures necessary to protect habitats of freshwater mussel species in the ,united ,states and the freshwater mussel species in those habitats1 including-- 7,a7 protection1 restoration1 and management of the habitats2 7,b7 onsite research and monitoring of-- 7i7 freshwater mussel populations2 7ii7 freshwater mussel habitats2 7iii7 annual freshwater mussel reproduction2 and 7iv7 freshwater mussel species population trends2 7,c7 assistance in the development1 implementation1 and improvement of national and regional management plans2 7,d7 enforcement and implementation of applicable conservation laws2 and 7,e7 community outreach and education4 7#b7 ,freshwater mussel ,the term freshwater mussel means any member of the order ,unioinida4 7#c7 ,fund ,the term ,fund means the ,freshwater ,mussel ,conservation ,fund established by section #cje7;a74 #cjd4 ,freshwater mussel conservation assistance 7a7 ,assistance 7#a7 ,in general ,subject to the availability of funds1 and in consultation with other ,federal officials1 the ,secretary shall provide competitive financial assistance1 including multiyear grants1 for projects for the conservation of freshwater mussels in the ,united ,states and for which a project proposal is approved by the ,secretary under subsection 7c74 7#b7 ,use of existing authorities ,assistance provided under this section shall be carried out in a manner consistent with authorities available to the ,secretary under the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq474 7b7 ,project proposals 7#a7 ,eligible applicants ,a project proposal may be submitted to the ,secretary under this section by-- 7,a7 a relevant ,state or ,tribal agency1 research institution1 or nonprofit organization with the expertise required for the conservation of freshwater mussels in the ,united ,states2 and 7,b7 any other individual or entity1 as determined appropriate by the ,secretary1 with the expertise required for the conservation of freshwater mussels in the ,united ,states4 7#b7 ,federal partnership opportunities 7,a7 ,in general ,a ,federal agency may be included as a partner or a collaborator on a project that receives funding under this section4 7,b7 ,prohibition ,a ,federal agency may not-- 7i7 be a lead entity on a project that receives funding under this section2 or 7ii7 receive funding for a project under this section4 7#c7 ,required elements ,a project proposal shall include-- 7,a7 a statement of the purposes of the project2 7,b7 the name of the entity or individual with overall responsibility for the project2 7,c7 a description of-- 7i7 the qualifications of the entity or individuals that will carry out the project2 7ii7 methods for project implementation and outcome assessment2 7iii7 staffing and stakeholder engagement for the project2 7iv7 the logistics of the project1 including cost estimates and timelines2 7v7 anticipated outcomes of the project2 7vi7 mechanisms to ensure adequate local public participation in project development and implementation2 and 7vii7 how the project will promote sustainable1 effective1 long-term programs to conserve freshwater mussel populations in the ,united ,states2 7,d7 demonstrated sensitivity to-- 7i7 local historic and cultural resources2 and 7ii7 compliance with applicable laws2 7,e7 assurances that the project will be implemented in consultation with relevant wildlife management authorities1 ,indian ,tribes1 and other appropriate government officials2 7,f7 information that demonstrates the clear potential of the project to contribute to the conservation of freshwater mussels in the ,united ,states2 7,g7 information regarding the source and amount of any matching funding available for the project2 and 7,h7 such other information as the ,secretary may require4 7c7 ,project review and approval 7#a7 ,in general ,the ,secretary shall annually-- 7,a7 solicit project proposals for grants under this section2 7,b7 provide to other ,federal officials1 as appropriate1 copies of each proposal submitted in response to the solicitation2 and 7,c7 review1 on a timeline that recognizes the urgency of the declining number of freshwater mussel species in the ,united ,states1 each project proposal submitted in response to the solicitation to determine whether the proposal meets the criteria described in paragraph 7#c74 7#b7 ,consultation2 approval or disapproval ,subject to the availability of funds1 for each project proposal submitted to the ,secretary under this section1 the ,secretary1 after consulting with other ,federal officials1 as appropriate1 shall-- 7,a7 consult with the government of each ,state and territory in which the project is to be carried out regarding the proposal2 and 7,b7 provide written notification of the approval or disapproval of the project proposal to-- 7i7 the individual or entity that submitted the project proposal2 7ii7 other appropriate ,federal officials2 and 7iii7 each ,state and territory described in subparagraph 7,a74 7#c7 ,criteria for approval 7,a7 ,in general ,the ,secretary may approve a project proposal under this section if the project shows promise for contributing to recovering and sustaining wild freshwater mussel populations in the ,united ,states4 7,b7 ,priority ,in determining whether to approve a project proposal under this section1 the ,secretary shall give the highest priority to projects that conserve species listed as threatened species or endangered species under the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq474 7,c7 ,preferences ,in determining whether to approve a project proposal under this section1 the ,secretary1 to the maximum extent practicable1 shall give preference to-- 7i7 conservation projects that are designed to ensure effective1 long-term conservation of freshwater mussels and freshwater mussel habitats2 and 7ii7 projects for which matching funds are available4 7,d7 ,waiver ,the ,secretary may waive the application of subparagraphs 7,b7 and 7,c7 if the ,secretary determines that the waiver is necessary to support a conservation project that the ,secretary has identified as being of high priority4 7d7 ,project reporting 7#a7 ,in general ,each individual or entity that receives assistance for a project under this section shall submit to the ,secretary1 at such intervals as the ,secretary may require1 periodic reports that include all information that the ,secretary1 after consultation with other government officials1 determines is necessary to evaluate the progress and success of the project for the purposes of ensuring positive results1 assessing problems1 and fostering improvements4 7#b7 ,availability to the public ,each report under paragraph 7#a7 and any other document relating to a project for which financial assistance is provided under this title shall be made available to the public in a timely manner4 #cje4 ,freshwater ,mussel ,conservation ,fund 7a7 ,establishment ,there is established in the ,treasury of the ,united ,states a separate account1 to be known as the ,freshwater ,mussel ,conservation ,fund1 consisting of-- 7#a7 amounts transferred to the ,secretary of the ,treasury for deposit into the ,fund under subsection 7e72 7#b7 amounts appropriated to the ,fund under section #cjg2 and 7#c7 any interest earned on investment of amounts in the ,fund under subsection 7c74 7b7 ,expenditures from fund 7#a7 ,in general ,subject to paragraph 7#b71 at the request of the ,secretary1 the ,secretary of the ,treasury shall transfer from the ,fund to the ,secretary1 without further appropriation1 such amounts as the ,secretary determines are necessary to carry out section #cjd4 7#b7 ,administrative expenses ,to pay the administrative expenses necessary to carry out this title in a fiscal year1 the ,secretary may expend from the ,fund not more than the greater of-- 7,a7 #c percent of the amounts in the ,fund that are available for the fiscal year2 and 7,b7 #hj1jjj4 7c7 ,investment of amounts 7#a7 ,in general ,the ,secretary of the ,treasury shall invest the portion of the ,fund that is not1 in the judgment of the ,secretary of the ,treasury1 required to meet current withdrawals4 7#b7 ,requirement ,investments under paragraph 7#a7 may be made only in interest-bearing obligations of the ,united ,states4 7#c7 ,acquisition of obligations ,for the purpose of investments under paragraph 7#a71 obligations of the ,united ,states may be acquired-- 7,a7 on original issue at the issue price2 or 7,b7 by purchase of outstanding obligations at market price4 7#d7 ,sale of obligations ,any obligation of the ,united ,states acquired by the ,fund may be sold by the ,secretary of the ,treasury at market price4 7#e7 ,credits to fund ,the interest on1 and the proceeds from the sale or redemption of1 any obligations held in the ,fund shall be credited to and form a part of the ,fund4 7d7 ,transfers of amounts 7#a7 ,in general ,not less frequently than monthly1 the ,secretary of the ,treasury shall transfer from the general fund of the ,treasury to the ,fund the amounts required to be transferred to the ,fund under this section on the basis of estimates made by the ,secretary of the ,treasury4 7#b7 ,adjustments ,in carrying out paragraph 7#a71 the ,secretary of the ,treasury shall make proper adjustments in amounts transferred to the ,fund to the extent that prior estimates were in excess of or less than the amounts required to be transferred under this section4 7e7 ,acceptance and use of donations 7#a7 ,in general ,the ,secretary may accept for the ,government1 and shall transfer to the ,secretary of the ,treasury for deposit into the ,fund1 a gift to provide assistance under section #cjd of-- 7,a7 money2 7,b7 an obligation of the ,government included in the public debt made only on the condition that the obligation be canceled and retired and not reissued2 or 7,c7 any other intangible personal property made only on the condition that the property is sold on the best terms available and the proceeds are deposited in the ,fund4 7#b7 ,discretion to reject a gift ,the ,secretary may reject a gift under this subsection when the rejection is in the interest of the ,government1 as determined by the ,secretary4 7#c7 ,taxes ,if a gift received under this subsection is subject to a gift or inheritance tax1 the ,secretary may pay the tax out of the proceeds of the gift or the proceeds of the redemption or sale of the gift4 #cjf4 ,report to ,congress 7a7 ,in general ,not later than ,january #ca of each year1 the ,secretary shall submit to ,congress a report regarding the ,fund and the status of freshwater mussels in the ,united ,states4 7b7 ,requirements ,each report under subsection 7a7 shall include1 for the year covered by the report1 a description of-- 7#a7 the total amounts deposited into and expended from the ,fund2 7#b7 the costs associated with the administration of the ,fund2 7#c7 a summary of the projects for which the ,secretary has provided assistance under section #cjd and an evaluation of those projects2 and 7#d7 an evaluation of the status of threatened and endangered freshwater mussel populations in the ,united ,states4 #cjg4 ,authorization of appropriations ,there is authorized to be appropriated to the ,fund #e1jjj1jjj for each of fiscal years #bjbj through #bjbe4 ,,iv ,southwest ,desert ,fish ,conservation ,fund ,act of #bjai #dja4 ,short title ,this title may be cited as the ,southwest ,desert ,fish ,conservation ,fund ,act of #bjai4 #djb4 ,purpose ,the purpose of this title is to assist in the conservation of threatened and endangered desert fish species and the habitats of those species in the ,southwest by supporting and providing financial resources for projects-- 7#a7 to conserve desert fish species2 7#b7 to conserve the habitats of desert fish species2 and 7#c7 to address other threats to the survival of desert fish species4 #djc4 ,definitions ,in this title3 7#a7 ,conservation ,the term conservation means the use of all methods and procedures necessary to protect habitats of desert fish species in the ,southwest and the desert fish species in those habitats1 including-- 7,a7 protection1 restoration1 and management of the habitats2 7,b7 onsite research and monitoring of-- 7i7 desert fish populations2 7ii7 desert fish habitats2 7iii7 annual desert fish reproduction2 and 7iv7 desert fish species population trends2 7,c7 assistance in the development1 implementation1 and improvement of national and regional management plans2 7,d7 enforcement and implementation of applicable conservation laws2 and 7,e7 community outreach and education4 7#b7 ,desert fish ,the term desert fish means any member of the class ,osteichthyes living in a desert ecosystem4 7#c7 ,fund ,the term ,fund means the ,southwest ,desert ,fish ,conservation ,fund established by section #dje7;a74 7#d7 ,southwest ,the term ,southwest means the ,states of-- 7,a7 ,arizona2 7,b7 ,california2 7,c7 ,colorado2 7,d7 ,nevada2 7,e7 ,new ,mexico2 7,f7 ,oregon2 and 7,g7 ,utah4 #djd4 ,southwest desert fish conservation assistance 7a7 ,assistance 7#a7 ,in general ,subject to the availability of funds1 and in consultation with other ,federal officials1 the ,secretary shall provide competitive financial assistance1 including multiyear grants1 for projects for the conservation of desert fish species in the ,southwest and for which a project proposal is approved by the ,secretary under subsection 7c74 7#b7 ,use of existing authorities ,assistance provided under this section shall be carried out in a manner consistent with authorities available to the ,secretary under the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq474 7b7 ,project proposals 7#a7 ,eligible applicants ,a project proposal may be submitted to the ,secretary under this section by-- 7,a7 a relevant ,state or ,tribal agency1 research institution1 or nonprofit organization with expertise required for the conservation of desert fish species in the ,southwest2 and 7,b7 any other individual or entity1 as determined appropriate by the ,secretary1 with the expertise required for the conservation of desert fish species in the ,southwest4 7#b7 ,federal partnership opportunities 7,a7 ,in general ,a ,federal agency may be included as a partner or a collaborator on a project that receives funding under this section4 7,b7 ,prohibition ,a ,federal agency may not-- 7i7 be a lead entity on a project that receives funding under this section2 or 7ii7 receive funding for a project under this section4 7#c7 ,required elements ,a project proposal shall include-- 7,a7 a statement of the purposes of the project2 7,b7 the name of the entity or individual with overall responsibility for the project2 7,c7 a description of-- 7i7 the qualifications of the entity or individuals that will carry out the project2 7ii7 methods for project implementation and outcome assessment2 7iii7 staffing and stakeholder engagement for the project2 7iv7 the logistics of the project1 including cost estimates and timelines2 7v7 anticipated outcomes of the project2 7vi7 mechanisms to ensure adequate local public participation in project development and implementation2 and 7vii7 how the project will promote sustainable1 effective1 long-term programs to conserve desert fish populations in the ,southwest2 7,d7 demonstrated sensitivity to-- 7i7 local historic and cultural resources2 and 7ii7 compliance with applicable laws2 7,e7 assurances that the project will be implemented in consultation with relevant wildlife management authorities1 ,indian ,tribes1 and other appropriate government officials2 7,f7 information that demonstrates the clear potential of the project to contribute to the conservation of desert fish populations in the ,southwest2 7,g7 information regarding the source and amount of any matching funding available for the project2 and 7,h7 such other information as the ,secretary may require4 7c7 ,project review and approval 7#a7 ,in general ,the ,secretary shall annually-- 7,a7 solicit project proposals for grants under this section2 7,b7 provide to other ,federal officials1 as appropriate1 copies of each proposal submitted in response to the solicitation2 and 7,c7 review1 on a timeline that recognizes the urgency of the declining number of desert fish species in the ,southwest1 each project proposal submitted in response to the solicitation to determine whether the proposal meets the criteria specified in paragraph 7#c74 7#b7 ,consultation2 approval or disapproval ,subject to the availability of funds1 for each project proposal submitted under this section1 the ,secretary1 after consulting with other ,federal officials1 as appropriate1 shall-- 7,a7 consult with the government of each ,state in which the project is to be carried out regarding the proposal2 and 7,b7 provide written notification of the approval or disapproval of the project proposal to-- 7i7 the individual or entity that submitted the project proposal2 7ii7 other appropriate ,federal officials2 and 7iii7 each ,state described in subparagraph 7,a74 7#c7 ,criteria for approval 7,a7 ,in general ,the ,secretary may approve a project proposal under this section if the project shows promise for contributing to recovering and sustaining wild desert fish populations in the ,southwest4 7,b7 ,priority ,in determining whether to approve a project proposal under this section1 the ,secretary shall give the highest priority to projects that conserve species listed as threatened species or endangered species under the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq474 7,c7 ,preferences ,in determining whether to approve a project proposal under this section1 the ,secretary1 to the maximum extent practicable1 shall give preference to-- 7i7 conservation projects that are designed to ensure effective1 long-term conservation of desert fish and desert fish habitats2 and 7ii7 projects for which matching funds are available4 7,d7 ,waiver ,the ,secretary may waive the application of subparagraphs 7,b7 and 7,c7 if the ,secretary determines that the waiver is necessary to support a conservation project that the ,secretary has identified as being of high priority4 7d7 ,project reporting 7#a7 ,in general ,each individual or entity that receives assistance for a project under this section shall submit to the ,secretary1 at such intervals as the ,secretary may require1 periodic reports that include all information that the ,secretary1 after consultation with other government officials1 determines is necessary to evaluate the progress and success of the project for the purposes of ensuring positive results1 assessing problems1 and fostering improvements4 7#b7 ,availability to the public ,each report under paragraph 7#a7 and any other document relating to a project for which financial assistance is provided under this title shall be made available to the public in a timely manner4 #dje4 ,southwest ,desert ,fish ,conservation ,fund 7a7 ,establishment ,there is established in the ,treasury of the ,united ,states a separate account1 to be known as the ,southwest ,desert ,fish ,conservation ,fund1 consisting of-- 7#a7 amounts transferred to the ,secretary of the ,treasury for deposit into the ,fund under subsection 7e72 7#b7 amounts appropriated to the ,fund under section #djg2 and 7#c7 any interest earned on investment of amounts in the ,fund under subsection 7c74 7b7 ,expenditures from fund 7#a7 ,in general ,subject to paragraph 7#b71 at the request of the ,secretary1 the ,secretary of the ,treasury shall transfer from the ,fund to the ,secretary1 without further appropriation1 such amounts as the ,secretary determines are necessary to carry out section #djd4 7#b7 ,administrative expenses ,to pay the administrative expenses necessary to carry out this title in a fiscal year1 the ,secretary may expend from the ,fund not more than the greater of-- 7,a7 #c percent of the amounts in the ,fund that are available for the fiscal year2 and 7,b7 #hj1jjj4 7c7 ,investment of amounts 7#a7 ,in general ,the ,secretary of the ,treasury shall invest the portion of the ,fund that is not1 in the judgment of the ,secretary of the ,treasury1 required to meet current withdrawals4 7#b7 ,requirement ,investments under paragraph 7#a7 may be made only in interest-bearing obligations of the ,united ,states4 7#c7 ,acquisition of obligations ,for the purpose of investments under paragraph 7#a71 obligations of the ,united ,states may be acquired-- 7,a7 on original issue at the issue price2 or 7,b7 by purchase of outstanding obligations at market price4 7#d7 ,sale of obligations ,any obligation of the ,united ,states acquired by the ,fund may be sold by the ,secretary of the ,treasury at market price4 7#e7 ,credits to fund ,the interest on1 and the proceeds from the sale or redemption of1 any obligations held in the ,fund shall be credited to and form a part of the ,fund4 7d7 ,transfers of ,amounts 7#a7 ,in general ,not less frequently than monthly1 the ,secretary of the ,treasury shall transfer from the general fund of the ,treasury to the ,fund the amounts required to be transferred to the ,fund under this section on the basis of estimates made by the ,secretary of the ,treasury4 7#b7 ,adjustments ,in carrying out paragraph 7#a71 the ,secretary of the ,treasury shall make proper adjustments in amounts transferred to the ,fund to the extent that prior estimates were in excess of or less than the amounts required to be transferred under this section4 7e7 ,acceptance and use of donations 7#a7 ,in general ,the ,secretary may accept for the ,government1 and shall transfer to the ,secretary of the ,treasury for deposit into the ,fund1 a gift to provide assistance under section #djd of-- 7,a7 money2 7,b7 an obligation of the ,government included in the public debt made only on the condition that the obligation be canceled and retired and not reissued2 or 7,c7 any other intangible personal property made only on the condition that the property is sold on the best terms available and the proceeds are deposited in the ,fund4 7#b7 ,discretion to reject a gift ,the ,secretary may reject a gift under this subsection when the rejection is in the interest of the ,government1 as determined by the ,secretary4 7#c7 ,taxes ,if a gift received under this subsection is subject to a gift or inheritance tax1 the ,secretary may pay the tax out of the proceeds of the gift or the proceeds of the redemption or sale of the gift4 #djf4 ,report to ,congress 7a7 ,in general ,not later than ,january #ca of each year1 the ,secretary shall submit to ,congress a report regarding the ,fund and the status of desert fish in the ,southwest4 7b7 ,requirements ,each report under subsection 7a7 shall include1 for the year covered by the report1 a description of-- 7#a7 the total amounts deposited into and expended from the ,fund2 7#b7 the costs associated with the administration of the ,fund2 7#c7 a summary of the projects for which the ,secretary has provided assistance under section #djd and an evaluation of those projects2 and 7#d7 an evaluation of the status of threatened and endangered desert fish populations in the ,southwest4 #djg4 ,authorization of appropriations ,there is authorized to be appropriated to the ,fund #e1jjj1jjj for each of fiscal years #bjbj through #bjbe4