H.R. 2773 — what changed

changed This Act may be cited as the “Recovering America’s Wildlife Act of 2021”.2022”.

“(1) Establishment of subaccount

“(A) In general—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”).

“(B) Availability—Amounts in the Subaccount shall be available without further appropriation, for each fiscal year, for apportionment in accordance with this Act.

changed “(C) Deposits into subaccount—Beginning in fiscal year 2022, the Subaccount—The Secretary of the Treasury shall transfer $1,300,000,000 from the general fund of the treasury each fiscal year Treasury to the fund for deposit in the Subaccount.Subaccount—

added “(i) for fiscal year 2023, $850,000,000;

added “(ii) for fiscal year 2024, $1,100,000,000;

added “(iii) for fiscal year 2025, $1,200,000,000; and

added “(iv) for fiscal year 2026 and each fiscal year thereafter, $1,300,000,000.

“(2) Supplement not supplant—Amounts transferred to the Subaccount shall supplement, but not replace, existing funds available to the States from—

added “(A) the funds distributed pursuant to the Dingell-Johnson Sport Fish Restoration Act (16 U.S.C. 777 et seq.); and

removed “(A) the funds distributed pursuant to the Dingell-Johnson Sport Fish Restoration Act; and

“(B) the fund.

“(3) Innovation grants

added “(A) In general—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, nonprofit organizations, or to regional associations of fish and wildlife departments (or any group composed of more than 1 such entity).

added “(B) Purpose—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 (16 U.S.C. 1531 et seq.) and the habitats of such species.

removed “(A) In general—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).

removed “(B) Purpose—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 and the habitats of such species.

“(C) Review committee—The Secretary shall appoint a review committee comprised of—

“(i) a State Director from each regional association of State fish and wildlife departments;

added “(ii) the head of a department responsible for fish and wildlife management in a territory;

added “(iii) one delegate from the United States Fish and Wildlife Service, for the purpose of providing technical assistance; and

added “(iv) beginning in fiscal year 2023, 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.

added “(D) Support from united states fish and wildlife service—Using not more than 3 percent of the amounts apportioned under subparagraph (A) to carry out a competitive grant program, 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.

removed “(ii) the head of a department responsible for fish and wildlife management in a territory; and

removed “(iii) 4 individuals representing 4 different nonprofit organizations each of which is actively participating in carrying out wildlife conservation restoration activities using funds apportioned from the Subaccount.

removed “(D) 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 Act.

“(E) Evaluation—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.

added “(4) Use of funds—Funds apportioned from the Subaccount shall be used for purposes consistent with section 2 of the Recovering America’s Wildlife Act of 2022 and—

added “(A) shall be used to implement the Wildlife Conservation Strategy of a State, territory, or the District of Columbia, as required under section 4(e), 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;

removed “(F) Special rule before disbursement of funds from Subaccount—In any fiscal year that begins before the first disbursement of funds from the Subaccount, any nonprofit organization that actively participates in carrying out wildlife conservation restoration activities shall be deemed to fulfill the requirement described in subparagraph (C)(iii).

removed “(4) Use of funds—Funds apportioned from the Subaccount—

removed “(A) shall be used to implement the Wildlife Conservation Strategy of a State, territory, or the District of Columbia, as required under section 4(e), 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;

“(B) 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;

added “(C) 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;

removed “(C) 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 or under State law;

“(D) may be used for wildlife conservation education and wildlife-associated recreation projects, especially in historically underserved communities;

“(E) 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;

added “(F) may be used to manage, control, and prevent invasive species, disease, and other risks to species of greatest conservation need;

added “(G) 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;

added “(H) may be used to expand the use of innovative technologies, tools, strategies, or collaborative partnerships that accelerate, expand, or replicate effective and measurable recovery efforts for species of greatest conservation need and species listed as threatened or endangered under section 4 of the Endangered Species Act of 1973 and the habitats of such species;

added “(I) may be used for conservation infrastructure projects related to the protection and conservation of a species of greatest conservation need and the habitat of such species; and

added “(J) may be used to conserve and restore a native pollinator species which is a species of greatest conservation need.

removed “(F) may be used to manage, control, and prevent invasive species, disease, and other risks to species of greatest conservation need; and

removed “(G) 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.

“(5) Minimum required spending for endangered species recovery—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).

“(6) Public access to private lands not required—Funds apportioned from the Subaccount shall not be conditioned upon the provision of public access to private lands, waters, or holdings.

“(7) Requirements for matching funds

“(A) 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—

“(i) funds from Federal agencies other than the Department of the Interior and the Department of Agriculture;

“(ii) donated private lands and waters, including privately owned easements;

“(iii) in circumstances described in subparagraph (B), revenue generated through the sale of State hunting and fishing licenses; and

added “(iv) 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 2022.

removed “(iv) 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.

“(B) Revenue described in subparagraph (A)(iii) may only be used to fulfill the requirements of such non-Federal fund matching requirement if—

added “(i) 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

removed “(i) 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 fiscal years; and

“(ii) the project or program being funded benefits the habitat of a hunted or fished species and a species of greatest conservation need.

added “(8) Definitions—In this subsection, the following definitions apply:

added “(A) Partnerships—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.

added “(B) Species of greatest conservation need—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.

added “(C) Territory and territories—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.

added “(D) Wildlife—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.”

removed “(8) Administrative costs—Of the funds authorized under this subsection, not more than 3 percent may be used by the Secretary for administrative costs.

removed “(9) Definitions—In this subsection, the following definitions apply:

removed “(A) Partnerships—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.

removed “(B) Species of greatest conservation need—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.

removed “(C) Territory and territories—The terms “territory” and “territories” mean the Commonwealths of Puerto Rico and the Northern Mariana Islands, and the territories of Guam, the United States Virgin Islands, and American Samoa.

removed “(D) Wildlife—The term wildlife means 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.”

changed “(e) To Authorization of appropriations to Inspector General—There is authorized to be appropriated to the Office of the Inspector General, General of the Department of the Interior 1/2 of 1 percent of the amounts made available under subsection (c) for the purposes of providing oversight and accountability with respect to the expenditure of funds authorized under subsection (c), there is authorized such subsection, to be appropriated, remain available until September 30, 2029, 1/2 of 1 percent of the amounts made available under such subsection.”2029.”

“(C) To the Commonwealth of Puerto Rico, a sum equal to not less than 1 percent thereof.”

changed “(i) 1/2 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;”

changed “(iii) 1/4 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 (16 U.S.C. 1531 et seq.) in such State bears to the total number of such species listed in all such States.”

“(B) 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—

“(i) subparagraph (A)(i);

“(ii) subparagraph (A)(ii); and

“(iii) the overall amount available for subparagraph (A).”

“(B) 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.”

changed “(C) $55 million 5 percent of amounts apportioned to each State, each territory, or the District of Columbia under this section for a wildlife conservation and restoration program 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.”

“(f) 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 recreation.

changed “(g) Accountability—Not more than 1 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 of a State or territory that receives funding under subsection (c) 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—Accountability

changed “(1) In general—Not more than one year after the Committee on Environment and Public Works date of enactment of the Senate;Recovering America’s Wildlife Act of 2022 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 (e) during the previous 3 years to the United States Fish and Wildlife Service for review, which shall summarize such findings and submit a report to—

changed “(2) “(A) the Committee on Natural Resources Environment and Public Works of the House of Representatives; Senate; and

changed “(3) “(B) the United States Fish and Wildlife Service.”Committee on Natural Resources of the House of Representatives.

added “(2) Requirements—The format of the 3-year work plans, budgets, and reports required under paragraph (1) shall be established by the United States Fish and Wildlife Service, in consultation with the Association of Fish and Wildlife Agencies.

added “(3) GAO study—Not later than 7 years after the date of enactment of the Recovering America’s Wildlife Act of 2022, the Comptroller General of the United States shall conduct a study to examine the progress of States, territories, the District of Columbia, and Indian Tribes towards achieving the purpose described in section 2 of that Act.”

The Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669 et seq.) is amended—

changed “13. “14. Savings clause

“Nothing in this Act shall be construed to enlarge or diminish the authority, jurisdiction, or responsibility of a State to manage, control, or regulate fish and wildlife under the law and regulations of the State on lands and waters within the State, including on Federal lands and waters.

changed “14. “15. Statutory construction with respect to Alaska

changed “If any conflict arises between any provision of this Act and any provision of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3101 et seq.) or the Alaska Native Claims Settlement Act, Act (43 U.S.C. 1601 et seq.), then the provision in the Alaska National Interest Lands Conservation Act or the Alaska Native Claims Settlement Act shall prevail.”