Sec. 101. Wildlife conservation and restoration subaccount

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Section 3 of the Pittman-Robertson Wildlife Restoration Act ( 16 U.S.C. 669b ) is amended in subsection (c)— by redesignating paragraphs

(2)and

(3)as paragraphs

(9)and (10); and by striking paragraph

(1)and inserting the following: 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 ). Amounts in the Subaccount shall be available without further appropriation, for each fiscal year, for apportionment in accordance with this Act. 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. 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. 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— shall be deposited in the general fund of the Treasury; and shall be available for the purposes of the transfer under clause (i). Amounts transferred to the Subaccount shall supplement, but not replace, existing funds available to the States from— the funds distributed pursuant to the Dingell-Johnson Sport Fish Restoration Act ( 16 U.S.C. 777 et seq. ); and the fund. 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). 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. The Secretary shall appoint a review committee comprised of— a State Director from each regional association of State fish and wildlife departments; the head of a department responsible for fish and wildlife management in a territory; and 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. 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. 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. Funds apportioned from the Subaccount— 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; 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; 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; may be used for wildlife conservation education and wildlife-associated recreation projects, especially in historically underserved communities; 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; may be used to manage, control, and prevent invasive species, disease, and other risks to species of greatest conservation need; and 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. 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). Funds apportioned from the Subaccount shall not be conditioned upon the provision of public access to private lands, waters, or holdings. 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— funds from Federal agencies other than the Department of the Interior and the Department of Agriculture; donated private lands and waters, including privately owned easements; in circumstances described in subparagraph (B), revenue generated through the sale of State hunting and fishing licenses; and 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. Revenue described in subparagraph (A)(iii) may only be used to fulfill the requirements of such non-Federal fund matching requirement if— 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 the project or program being funded benefits the habitat of a hunted or fished species and a species of greatest conservation need. In this subsection, the following definitions apply: 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. 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. 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. 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. . Section 4 of the Pittman-Robertson Wildlife Restoration Act ( 16 U.S.C. 669c ) is amended— in subsection (d)— in paragraph (1)— 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 ; in subparagraph (B)— by striking to Guam and inserting To Guam ; and by striking not more than one-fourth of one percent and inserting not less than one-third of one percent ; and by adding at the end the following: To the Commonwealth of Puerto Rico, a sum equal to not less than 1 percent thereof. ; in paragraph (2)(A)— by amending clause

(i)to read as follows: 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; ; in clause (ii)— by striking two-thirds and inserting one-quarter ; and by striking the period and inserting ; and ; and by adding at the end the following: 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. ; by amending paragraph (2)(B) to read as follows: 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— subparagraph (A)(i); subparagraph (A)(ii); and the overall amount available for subparagraph (A). ; and in paragraph (3), by striking 3 percent and inserting 1.85 percent ; in subsection (e)(4), as redesignated— by amending subparagraph

(B)to read as follows: 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 by inserting after subparagraph (B), as so amended, the following: $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 by adding at the end following: Nothing in this Act shall be interpreted to require a State to create a comprehensive strategy related to conservation education or outdoor recreation. 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— the Committee on Environment and Public Works of the Senate; the Committee on Natural Resources of the House of Representatives; and the United States Fish and Wildlife Service. .

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Sec. 101

Wildlife conservation and restoration subaccount

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