| BILL |
- The purposes of
this title are--
- (1) to
extend financial and technical assistance
to the States under the Federal Aid to
Wildlife Restoration Act for the benefit
of a diverse array of wildlife and
associated habitats, including species
that are not hunted or fished, to fulfill
unmet needs of wildlife within the States
in recognition of the primary role of the
States to conserve all wildlife;
- (2) to
assure sound conservation policies
through the development, revision, and
implementation of a comprehensive
wildlife conservation and restoration
plan;
- (3) to
encourage State fish and wildlife
agencies to participate with the Federal
Government, other State agencies,
wildlife conservation organizations, and
outdoor recreation and conservation
interests through cooperative planning
and implementation of this title; and
- (4) to
encourage State fish and wildlife
agencies to provide for public
involvement in the process of development
and implementation of a wildlife
conservation and restoration program.
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- (a) REFERENCE TO
LAW- In this title, the term `Federal Aid in
Wildlife Restoration Act' means the Act of
September 2, 1937 (16 U.S.C. 669 et seq.),
commonly referred to as the Federal Aid in
Wildlife Restoration Act or the Pittman-Robertson
Act.
- (b) WILDLIFE
CONSERVATION AND RESTORATION PROGRAM- Section 2
of the Federal Aid in Wildlife Restoration Act (16 U.S.C. 669a) is amended by inserting
after `shall be construed' the first place it
appears the following: `to include the wildlife
conservation and restoration program and'.
- (c) STATE AGENCIES-
Section 2 of the Federal Aid in Wildlife
Restoration Act (16 U.S.C. 669a) is amended by inserting
`or State fish and wildlife department' after
`State fish and game department'.
- (d) CONSERVATION-
Section 2 of the Federal Aid in Wildlife
Restoration Act (16 U.S.C. 669a) is amended by striking
the period at the end thereof, substituting a
semicolon, and adding the following: `the term
`conservation' shall be construed to mean the use
of methods and procedures necessary or desirable
to sustain healthy populations of wildlife
including all activities associated with
scientific resources management such as research,
census, monitoring of populations, acquisition,
improvement and management of habitat, live
trapping and transplantation, wildlife damage
management, and periodic or total protection of a
species or population as well as the taking of
individuals within wildlife stock or population
if permitted by applicable State and Federal law;
the term `wildlife conservation and restoration
program' means a program developed by a State
fish and wildlife department and approved by the
Secretary under section 4(d), the projects that
constitute such a program, which may be
implemented in whole or part through grants and
contracts by a State to other State, Federal, or
local agencies (including those that gather,
evaluate, and disseminate information on wildlife
and their habitats), wildlife conservation
organizations, and outdoor recreation and
conservation education entities from funds
apportioned under this title, and maintenance of
such projects; the term `wildlife' shall be
construed to mean any species of wild,
free-ranging 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; the term `wildlife-associated recreation'
shall be construed to mean projects intended to
meet the demand for outdoor activities associated
with wildlife including, but not limited to,
hunting and fishing, wildlife observation and
photography, such projects as construction or
restoration of wildlife viewing areas,
observation towers, blinds, platforms, land and
water trails, water access, trail heads, and
access for such projects; and the term `wildlife
conservation education' shall be construed to
mean projects, including public outreach,
intended to foster responsible natural resource
stewardship.'.
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- Section 3 of the
Federal Aid in Wildlife Restoration Act (16 U.S.C. 669b) is amended--
- (1) in
subsection (a) by inserting `(1)' after
`(a)', and by adding at the end the
following:
- `(2) There is
established in the Federal aid to wildlife
restoration fund a subaccount to be known as the
`wildlife conservation and restoration account'.
Amounts transferred to the fund for a fiscal year
under section 5(b)(3) of the
Conservation and Reinvestment Act of 1999 shall be deposited in
the subaccount and shall be available without
further appropriation, in each fiscal year, for
apportionment in accordance with this Act to
carry out State wildlife conservation and
restoration programs.'; and
- (2) by
adding at the end the following:
- `(c) Amounts
transferred to the Fund from the Conservation and
Reinvestment Act Fund and apportioned under
subsection (a)(2) shall supplement, but not
replace, existing funds available to the States
from the sport fish restoration account and
wildlife restoration account and shall be used
for the development, revision, and implementation
of wildlife conservation and restoration programs
and should be used to address the unmet needs for
a diverse array of wildlife and associated
habitats, including species that are not hunted
or fished, for wildlife conservation, wildlife
conservation education, and wildlife-associated
recreation projects. Such funds may be used for
new programs and projects as well as to enhance
existing programs and projects.
- `(d)(1)
Notwithstanding subsections (a) and (b) of this
section, with respect to amounts transferred to
the Fund from the Conservation and Reinvestment
Act Fund so much of such amounts as is
apportioned to any State for any fiscal year and
as remains unexpended at the close thereof shall
remain available for expenditure in that State
until the close of--
- `(A) the
fourth succeeding fiscal year, in the
case of amounts transferred in any of the
first 10 fiscal years beginning after the
date of enactment of the Conservation and
Reinvestment Act of 1999; or
- `(B) the
second succeeding fiscal year, in the
case of amounts transferred in a fiscal
year beginning after the 10-fiscal-year
period referred to in subparagraph (A).
- `(2) Any amount
apportioned to a State under this subsection that
is unexpended or unobligated at the end of the
period during which it is available under
paragraph (1) shall be reapportioned to all
States during the succeeding fiscal year.'.
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- `(A) To the
District of Columbia and to the
Commonwealth of Puerto Rico, each a sum
equal to not more than 1/2 of 1 percent
thereof.
- `(B) To
Guam, American Samoa, the Virgin Islands,
and the Commonwealth of the Northern
Mariana Islands, each a sum equal to not
more than 1/6 of 1 percent thereof.
- `(2)(A) The
Secretary of the Interior, after making the
apportionment under paragraph (1), shall
apportion the remainder of the amount transferred
to the Fund from the Conservation and
Reinvestment Act Fund for each fiscal year among
the States in the following manner:
- `(i) 1/3 of
which is based on the ratio to which the
land area of such State bears to the
total land area of all such States.
- `(ii) 2/3
of which is based on the ratio to which
the population of such State bears to the
total population of all such States.
- `(B) The amounts
apportioned under this paragraph shall be
adjusted equitably so that no such State shall be
apportioned a sum which is less than 1/2 of 1
percent of the amount available for apportionment
under this paragraph for any fiscal year or more
than 5 percent of such amount.
`(3) Amounts transferred
to the Fund from the Conservation and
Reinvestment Act Fund shall not be available for
any expenses incurred in the administration and
execution of programs carried out with such
amounts.
`(d) WILDLIFE CONSERVATION
AND RESTORATION PROGRAMS- (1) Any State, through
its fish and wildlife department, may apply to
the Secretary of the Interior for approval of a
wildlife conservation and restoration program, or
for funds to develop a program. To apply, a State
shall submit a comprehensive plan that includes--
- `(A)
provisions vesting in the fish and
wildlife department of the State overall
responsibility and accountability for the
program;
- `(B)
provisions for the development and
implementation of--
- `(i)
wildlife conservation projects
that expand and support existing
wildlife programs, giving
appropriate consideration to all
wildlife;
- `(ii)
wildlife-associated recreation
projects; and
- `(iii)
wildlife conservation education
projects pursuant to programs
under section 8(a) of the Federal
Aid in Wildlife Restoration Act
(16 U.S.C. 669g(a)); and
- `(C)
provisions to ensure public participation
in the development, revision, and
implementation of projects and programs
required under this paragraph.
- `(2) A State shall
provide an opportunity for public participation
in the development of the comprehensive plan
required under paragraph (1).
`(3) If the Secretary
finds that the comprehensive plan submitted by a
State complies with paragraph (1), the Secretary
shall approve the wildlife conservation and
restoration program of the State and set aside
from the apportionment to the State made pursuant
to subsection (c) an amount that shall not exceed
75 percent of the estimated cost of developing
and implementing the program.
- `(4)(A) Except as
provided in subparagraph (B), after the Secretary
approves a State's wildlife conservation and
restoration program, the Secretary may make
payments on a project that is a segment of the
State's wildlife conservation and restoration
program as the project progresses. Such payments,
including previous payments on the project, if
any, shall not be more than the United States pro
rata share of such project. The Secretary, under
such regulations as he may prescribe, may advance
funds representing the United States pro rata
share of a project that is a segment of a
wildlife conservation and restoration program,
including funds to develop such program.
`(B) Not more than 10
percent of the amounts apportioned to each State
under this section for a State's wildlife
conservation and restoration program may be used
for wildlife-associated recreation.
`(5) For
purposes of this subsection, the term `State'
shall include the District of Columbia, the
Commonwealth of Puerto Rico, the United States
Virgin Islands, Guam, American Samoa, and the
Commonwealth of the Northern Mariana
Islands.'.
(b) FACA-
Coordination with State fish and wildlife agency
personnel or with personnel of other State
agencies pursuant to the Federal Aid in Wildlife
Restoration Act or the Federal Aid in Sport Fish
Restoration Act shall not be subject to the
Federal Advisory Committee Act (5 U.S.C. App.).
Except for the preceding sentence, the provisions
of this title relate solely to wildlife
conservation and restoration programs and shall
not be construed to affect the provisions of the
Federal Aid in Wildlife Restoration Act relating
to wildlife restoration projects or the
provisions of the Federal Aid in Sport Fish
Restoration Act relating to fish restoration and
management projects.
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- Section 8(a) of the
Federal Aid in Wildlife Restoration Act (16 U.S.C. 669g(a)) is amended by adding the
following at the end thereof: `Funds available
from the amount transferred to the Fund from the
Conservation and Reinvestment Act Fund may be
used for a wildlife conservation education
program, except that no such funds may be used
for education efforts, projects, or programs that
promote or encourage opposition to the regulated
taking of wildlife.'.
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- No designated State
agency shall be eligible to receive matching
funds under this title if sources of revenue
available to it after January 1, 1999, for
conservation of wildlife are diverted for any
purpose other than the administration of the
designated State agency, it being the intention
of Congress that funds available to States under
this title be added to revenues from existing
State sources and not serve as a substitute for
revenues from such sources. Such revenues shall
include interest, dividends, or other income
earned on the forgoing.
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