,,ii #aagth ,,congress #ast ,session ,s4 #bcgb ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #ae1 #bjba,mr4 ,heinrich 7for himself and ,mr4 ,blunt7 introduced the following bill2 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 agencies1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,recovering ,america's ,wildlife ,act of #bjba4 ,i ,wildlife ,conservation and ,restoration #aja4 ,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 in subsection 7c7-- 7#a7 by redesignating paragraphs 7#b7 and 7#c7 as paragraphs 7#i7 and 7#aj72 and 7#b7 by striking paragraph 7#a7 and inserting the following3 7#a7 ,establishment of subaccount 7,a7 ,in general ,there is established in the fund a subaccount to be known as the ,wildlife ,conservation and ,restoration ,subaccount 7referred to in this section 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 7i7 ,in general ,beginning in fiscal year #bjbb1 and for each fiscal year thereafter1 the ,secretary of the ,treasury shall transfer #a1cjj1jjj1jjj from the general fund of the ,treasury to the ,subaccount4 7ii7 ,funding source 7,i7 ,definition ,in this clause1 the term remaining natural resource or environmental-related violation revenue means the amount of all civil or criminal penalties1 fines1 sanctions1 forfeitures1 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 appropriated4 7,,ii7 ,use of revenue ,beginning in fiscal year #bjbb1 and for each fiscal year thereafter1 the total amount of the remaining natural resource or environmental-related violation revenue with respect to the previous fiscal year-- 7aa7 shall be deposited in the general fund of the ,treasury2 and 7bb7 shall be available for the purposes of the transfer under clause 7i74 7#b7 ,supplement not supplant ,amounts transferred to the ,subaccount shall supplement1 but not replace1 existing funds available to the ,states from-- 7,a7 the funds distributed pursuant to the ,dingell-,johnson ,sport ,fish ,restoration ,act 7#af ,u4,s4,c4 #ggg et seq472 and 7,b7 the fund4 7#c7 ,innovation grants 7,a7 ,in general ,the ,secretary shall distribute #aj percent of funds apportioned from the ,subaccount through a competitive grant program to ,state fish and wildlife departments1 the ,district of ,columbia fish and wildlife department1 fish and wildlife departments of territories1 or to regional associations of fish and wildlife departments 7or any group composed of more than #a such entity74 7,b7 ,purpose ,such grants shall be provided for the purpose of catalyzing innovation of techniques1 tools1 strategies1 or collaborative partnerships that accelerate1 expand1 or replicate effective and measurable recovery efforts for species of greatest conservation need and species listed under the ,endangered ,species ,act of #aigc 7#ae ,u4,s4,c4 #aeca et seq47 and the habitats of such species4 7,c7 ,review committee ,the ,secretary shall appoint a review committee comprised of-- 7i7 a ,state ,director from each regional association of ,state fish and wildlife departments2 7ii7 the head of a department responsible for fish and wildlife management in a territory2 and 7iii7 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 ,subaccount4 7,d7 ,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 ,act4 7,e7 ,evaluation ,such committee shall evaluate each proposal submitted under this paragraph and recommend projects for funding1 giving preference to solutions that accelerate the recovery of species identified as priorities through regional scientific assessments of species of greatest conservation need4 7#d7 ,use of funds ,funds apportioned from the ,subaccount-- 7,a7 shall be used to implement the ,wildlife ,conservation ,strategy of a ,state1 territory1 or the ,district of ,columbia1 as required under section #d7;d71 by carrying out1 revising1 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 department2 7,b7 shall be used to develop1 revise1 and enhance the ,wildlife ,conservation ,strategy of a ,state1 territory1 or the ,district of ,columbia1 as may be required by this ,act2 7,c7 shall be used to assist in the recovery of species found in the ,state1 territory1 or the ,district of ,columbia that are listed as endangered species1 threatened species1 candidate species or species proposed for listing1 or species petitioned for listing under the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq47 or under ,state law2 7,d7 may be used for wildlife conservation education and wildlife-associated recreation projects1 especially in historically underserved communities2 7,e7 may be used to manage a species of greatest conservation need whose range is shared with another ,state1 territory1 ,indian ,tribe1 or foreign government and for the conservation of the habitat of such species2 7,f7 may be used to manage1 control1 and prevent invasive species1 disease1 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 7#e7 ,minimum required spending for endangered species recovery ,not less than an average of #ae percent over a #e-year period of amounts apportioned to a ,state1 territory1 or the ,district of ,columbia from the ,subaccount shall be used for purposes described in paragraph 7#d77;,c74 ,the ,secretary may reduce the minimum requirement of a ,state1 territory1 or the ,district of ,columbia on an annual basis if the ,secretary determines that the ,state1 territory1 or the ,district of ,columbia is meeting the conservation and recovery needs of all species described in paragraph 7#d77;,c74 7#f7 ,public access to private lands not required ,funds apportioned from the ,subaccount shall not be conditioned upon the provision of public access to private lands1 waters1 or holdings4 7#g7 ,requirements for matching funds 7,a7 ,for the purposes of the non-,federal fund matching requirement for a wildlife conservation or restoration program or project funded by the ,subaccount1 a ,state1 territory1 or the ,district of ,columbia may use as matching non-,federal funds-- 7i7 funds from ,federal agencies other than the ,department of the ,interior and the ,department of ,agriculture2 7ii7 donated private lands and waters1 including privately owned easements2 7iii7 in circumstances described in subparagraph 7,b71 revenue generated through the sale of ,state hunting and fishing licenses2 and 7iv7 other sources consistent with part #hj of title #ej1 ,code of ,federal ,regulations1 in effect on the date of enactment of the ,recovering ,america's ,wildlife ,act of #bjba4 7,b7 ,revenue described in subparagraph 7,a77iii7 may only be used to fulfill the requirements of such non-,federal fund matching requirement if-- 7i7 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 #b years2 and 7ii7 the project or program being funded benefits the habitat of a hunted or fished species and a species of greatest conservation need4 7#h7 ,definitions ,in this subsection1 the following definitions apply3 7,a7 ,partnerships ,the term partnerships may include collaborative efforts with ,federal agencies1 ,state agencies1 local agencies1 ,indian ,tribes1 nonprofit organizations1 academic institutions1 industry groups1 and private individuals to implement a ,state's ,wildlife ,conservation ,strategy4 7,b7 ,species of greatest conservation need ,the term #8species of greatest conservation need' may be fauna or flora1 and may include terrestrial1 aquatic1 marine1 and invertebrate species that are of low population1 declining1 rare1 or facing threats and in need of conservation attention1 as determined by each ,state fish and wildlife department1 with respect to funds apportioned to such ,state4 7,c7 ,territory and territories ,the terms territory and territories mean the ,commonwealth of ,puerto ,rico1 ,guam1 ,american ,samoa1 the ,commonwealth of the ,northern ,mariana ,islands1 and the ,united ,states ,virgin ,islands4 7,d7 ,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 4 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 7d7-- 7,a7 in paragraph 7#a7-- 7i7 in subparagraph 7,a71 by striking to the ,district of ,columbia and to the ,commonwealth of ,puerto ,rico1 each and inserting ,to the ,district of ,columbia2 7ii7 in subparagraph 7,b7-- 7,i7 by striking to ,guam and inserting ,to ,guam2 and 7,,ii7 by striking not more than one-fourth of one percent and inserting not less than one-third of one percent2 and 7iii7 by adding at the end the following3 7,c7 ,to the ,commonwealth of ,puerto ,rico1 a sum equal to not less than #a percent thereof4 2 7,b7 in paragraph 7#b77;,a7-- 7i7 by amending clause 7i7 to read as follows3 7i7 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 ,states2 2 7ii7 in clause 7ii7-- 7,i7 by striking two-thirds and inserting one-quarter2 and 7,,ii7 by striking the period and inserting 2 and2 and 7iii7 by adding at the end the following3 7iii7 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 #aigc 7#ae ,u4,s4,c4 #aeca et seq47 in such ,state bears to the total number of such species listed in all such ,states4 2 7,c7 by amending paragraph 7#b77;,b7 to read as follows3 7,b7 ,the amounts apportioned under this paragraph shall be adjusted equitably so that no such ,state1 unless otherwise designated1 shall be apportioned a sum which is less than #a percent or more than #e percent of the amount available for apportionment under-- 7i7 subparagraph 7,a77i72 7ii7 subparagraph 7,a77ii72 and 7iii7 the overall amount available for subparagraph 7,a74 2 and 7,d7 in paragraph 7#c71 by striking #c percent and inserting #a4he percent2 7#b7 in subsection 7e77#d71 as redesignated-- 7,a7 by amending subparagraph 7,b7 to read as follows3 7,b7 ,not more than an average of #ae percent over a #e-year period of amounts apportioned to each ,state1 territory1 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 recreation4 2 and 7,b7 by inserting after subparagraph 7,b71 as so amended1 the following3 7,c7 #ee 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 ,strategy4 ,each eligible ,state1 territory1 or the ,district of ,columbia shall receive an additional #e percent of their apportioned amount4 ,any unallocated resources shall be allocated proportionally among all ,states and territories under the formulas of this section4 2 and 7#c7 by adding at the end following3 7f7 ,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 7g7 ,accountability ,not more than one year after the date of enactment of the ,recovering ,america's ,wildlife ,act of #bjba and every #c years thereafter1 each ,state fish and wildlife department shall submit a #c-year work plan and budget for implementing its ,wildlife ,conservation ,strategy and a report describing the results derived from activities accomplished under subsection 7c77#d7 during the previous #c years to-- 7#a7 the ,committee on ,environment and ,public ,works of the ,senate2 7#b7 the ,committee on ,natural ,resources of the ,house of ,representatives2 and 7#c7 the ,united ,states ,fish and ,wildlife ,service4 4 #ajb4 ,technical amendments 7a7 ,definitions ,section #b of the ,pittman-,robertson ,wildlife ,restoration ,act 7#af ,u4,s4,c4 #ffi;a7 is amended-- 7#a7 in paragraph 7#g71 by striking including fish12 7#b7 by redesignating paragraphs 7#f7 through 7#i7 as paragraphs 7#e7 through 7#h71 respectively2 and 7#c7 in paragraph 7#f71 as 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,a7 in subsection 7a7-- 7i7 by striking 7#a7 ,an amount equal to and inserting ,an amount equal to2 and 7ii7 by striking paragraph 7#b72 7,b7 in subsection 7c7-- 7i7 in paragraph 7#i71 as redesignated by section #aja7;a77#a71 by striking or an ,indian tribe2 and 7ii7 in paragraph 7#aj71 as redesignated by section #aja7;a77#a71 by striking ,wildlife ,conservation and ,restoration ,account and inserting ,subaccount2 and 7,c7 in subsection 7d71 by striking ,wildlife ,conservation and ,restoration ,account and inserting ,subaccount2 7#b7 in section #d 7#af ,u4,s4,c4 #ffi;c7-- 7,a7 in subsection 7d71 as redesignated-- 7i7 in the heading1 by striking account and inserting subaccount2 and 7ii7 by striking ,account each place it appears and inserting ,subaccount2 and 7,b7 in subsection 7e77#a71 as redesignated1 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 #ajc4 ,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 #ae2 and 7#b7 by inserting after section #ab the following3 #ac4 ,savings clause ,nothing in this ,act shall be construed to enlarge or diminish 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 ,if any conflict arises between any provision of this ,act and any provision of the ,alaska ,national ,interest ,lands ,conservation ,act 7,public ,law #df-dhg1 #af ,u4,s4,c4 #caja et seq471 then the provision in the ,alaska ,national ,interest ,lands ,conservation ,act shall prevail4 4 ,,ii ,tribal ,wildlife ,conservation and ,restoration #bja4 ,indian ,tribes 7a7 ,definitions ,in this section3 7#a7 ,account ,the term ,account means the ,tribal ,wildlife ,conservation and ,restoration ,account established by subsection 7b77#a74 7#b7 ,indian tribe ,the term ,indian ,tribe has the meaning given such term in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd74 7#c7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 7#d7 ,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 population1 habitat loss1 or other threats1 or because of their biological or cultural importance to such ,tribe4 7#e7 ,wildlife ,the term wildlife means-- 7,a7 any species of wild flora or fauna including fish and marine mammals2 7,b7 flora or fauna in a captive breeding1 rehabilitation1 and holding or quarantine program1 the object of which is to reintroduce individuals of a depleted indigenous species into previously occupied range or to maintain a species for conservation purposes2 and 7,c7 does not include game farm animals4 7b7 ,tribal wildlife conservation and restoration account 7#a7 ,in general ,there is established in the ,treasury an account to be known as the ,tribal ,wildlife ,conservation and ,restoration ,account4 7#b7 ,availability ,amounts in the ,account shall be available for each fiscal year without further appropriation for apportionment in accordance with this title4 7#c7 ,deposits into ,account 7,a7 ,in general ,beginning in fiscal year #bjbb1 and for each fiscal year thereafter1 the ,secretary of the ,treasury shall transfer #ig1ejj1jjj from the general fund of the ,treasury to the ,account4 7,b7 ,funding source 7i7 ,definition ,in this subparagraph1 the term remaining natural resource or environmental-related violation revenue means the amount of all civil or criminal penalties1 fines1 sanctions1 forfeitures1 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 appropriated4 7ii7 ,use of revenue ,beginning in fiscal year #bjbb1 and for each fiscal year thereafter1 the total amount of the remaining natural resource or environmental-related violation revenue with respect to the previous fiscal year-- 7,i7 shall be deposited in the general fund of the ,treasury2 and 7,,ii7 shall be available for the purposes of the transfer under subparagraph 7,a74 7c7 ,distribution of funds to ,indian tribes ,each fiscal year1 the ,secretary of the ,treasury shall deposit funds into the ,account and distribute such funds through a noncompetitive application process according to guidelines and criteria1 and reporting requirements determined by the ,secretary of the ,interior1 acting through the ,director of the ,bureau of ,indian ,affairs1 in consultation with ,indian ,tribes4 ,such funds shall remain available until expended4 7d7 ,wildlife management responsibilities ,the distribution guidelines and criteria described in subsection 7c7 shall be based1 in part1 upon ,indian ,tribes' wildlife management responsibilities4 7e7 ,use of funds 7#a7 ,in general ,except as provided in paragraph 7#b71 the ,secretary may distribute funds from the ,account to an ,indian ,tribe for any of the following purposes3 7,a7 ,to develop1 carry out1 revise1 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 ,tribe4 7,b7 ,to assist in the recovery of species listed as an endangered or threatened species under the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq474 7,c7 ,for wildlife conservation education and wildlife-associated recreation projects4 7,d7 ,to manage a ,tribal species of greatest conservation need and the habitat of such species1 the range of which may be shared with a foreign country1 ,state1 or other ,indian ,tribe4 7,e7 ,to manage1 control1 and prevent invasive species as well as diseases and other risks to wildlife4 7,f7 ,for law enforcement activities that are directly related to the protection and conservation of wildlife4 7,g7 ,to develop1 revise1 and implement comprehensive wildlife conservation strategies and plans for such ,tribe4 7,h7 ,for the hiring and training of wildlife conservation and restoration program staff4 7#b7 ,conditions on the use of funds 7,a7 ,required use of funds ,in order to be eligible to receive funds under subsection 7c71 a ,tribe's application must include a proposal to use funds for at least one of the purposes described in subparagraphs 7,a7 and 7,b7 of paragraph 7#a74 7,b7 ,imperiled species recovery ,in distributing funds under this section1 the ,secretary shall distribute not less than #ae percent of the total funds distributed to proposals to fund the recovery of a species1 subspecies1 or distinct population segment listed as a threatened species1 endangered species1 or candidate species under the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq47 or ,tribal law4 7,c7 ,limitation ,in distributing funds under this section1 the ,secretary shall distribute not more than #ae percent of all funds distributed under this section for the purpose described in paragraph 7#a77;,c74 7f7 ,no matching funds required ,no ,indian ,tribe shall be required to provide matching funds to be eligible to receive funds under this ,act4 7g7 ,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 lands1 waters1 or holdings4 7h7 ,administrative costs ,of the funds deposited under subsection 7b77#c7 for each fiscal year1 not more than #c percent shall be used by the ,secretary for administrative costs4 7i7 ,savings clause ,nothing in this ,act shall be construed as modifying or abrogating a treaty with any ,indian ,tribe1 or as enlarging or diminishing the authority1 jurisdiction1 or responsibility of an ,indian ,tribe to manage1 control1 or regulate wildlife4