89–006 

116TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 116–144 

AMENDING THE PITTMAN-ROBERTSON WILDLIFE RESTORATION ACT AND 

THE DINGELL-JOHNSON SPORT FISH RESTORATION ACT, TO PROVIDE 

PARITY FOR UNITED STATES TERRITORIES AND THE DISTRICT OF COLUMBIA, TO MAKE TECHNICAL CORRECTIONS TO SUCH ACTS AND RELATED LAWS, AND FOR OTHER PURPOSES 

JULY 10, 2019.—Committed to the Committee of the Whole House on the State of 

the Union and ordered to be printed 

Mr. GRIJALVA, from the Committee on Natural Resources, 

submitted the following 

R E P O R T 

[To accompany H.R. 1809] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Natural Resources, to whom was referred the 

bill (H.R. 1809) to amend the Pittman-Robertson Wildlife Restoration Act and the Dingell-Johnson Sport Fish Restoration Act, to 

provide parity for United States territories and the District of Columbia, to make technical corrections to such Acts and related 

laws, and for other purposes, having considered the same, report 

favorably thereon without amendment and recommend that the bill 

do pass. 

PURPOSE OF THE BILL

The purpose of H.R. 1809 is to amend the Pittman-Robertson 

Wildlife Restoration Act and the Dingell-Johnson Sport Fish Restoration Act, to provide parity for United States territories and the 

District of Columbia, and to make technical corrections to such 

Acts and related laws. 

BACKGROUND AND NEED FOR LEGISLATION

This bill would amend the Pittman-Robertson Wildlife Restoration Act and the Dingell-Johnson Federal Aid in Sport Fish Restoration Act to allow the District of Columbia and five U.S. Territories—American Samoa, Guam, the Northern Marianas Islands, 

Puerto Rico, and the U.S. Virgin Islands—to receive state-equal 

funding consideration under both laws. Pittman-Robertson provides 

federal funding, derived from excise taxes on sporting equipment, 

for wildlife restoration and hunter education. Dingell-Johnson proVerDate Sep 11 2014 01:15 Jul 12, 2019 Jkt 089006 PO 00000 Frm 00001 Fmt 6659 Sfmt 6602 E:\HR\OC\HR144.XXX HR144

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1 16 U.S.C. § 669g–1 (regarding the payment of funds to and cooperation with Puerto Rico, 

Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and the U.S. Virgin Islands). 

vides funds for sport fish restoration, aquatic education, wetlands 

restoration, and boat-related activities. 

Under current law, each state is guaranteed at least a 1% share 

of the yearly Pittman-Robertson apportionment. However, the Pittman-Robertson Act caps Puerto Rico’s share at 0.25% and the four 

other U.S. territories’ shares at just 0.167%.1 H.R. 1809 would specifically remove the existing caps on funds for basic hunter education programs and would mandate that each territory and state 

receive not less than 1% in any given year. 

The bill also removes additional percentage restrictions on apportionments for wildlife and sport fish restoration projects. The absence of the caps will allow the Secretary of the Interior to exercise 

discretion in apportioning Pittman-Robertson and Dingell-Johnson 

funds to the five U.S. territories and the District of Columbia, in 

proportion to their populations, as is done currently for each of the 

50 states. 

COMMITTEE ACTION

H.R. 1809 was introduced on March 18, 2019, by Representative 

Gregorio Kilili Camacho Sablan (I–MP). The bill was referred solely to the Committee on Natural Resources, and within the Committee to the Subcommittee on Water, Oceans, and Wildlife. On 

March 26, 2019, the Subcommittee held a hearing to consider the 

bill. On May 1, 2019, the Natural Resources Committee met to consider the bill. The Subcommittee was discharged by unanimous 

consent. No amendments were offered, and the bill was ordered favorably reported to the House of Representatives by unanimous 

consent. 

HEARINGS

For the purposes of section 103(i) of H. Res. 6 of the 116th Congress—the following hearing was used to develop or consider H.R. 

1809: Subcommittee on Water, Oceans, and Wildlife legislative 

hearing on H.R. 1326, H.R. 877, H.R. 1809, H.R. 737, H.R. 1305, 

H.R. 1380, and H.R. 1568, held on March 26, 2019. 

COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of rule XIII 

of the Rules of the House of Representatives, the Committee on 

Natural Resources’ oversight findings and recommendations are reflected in the body of this report. 

COMPLIANCE WITH HOUSE RULE XIII AND CONGRESSIONAL BUDGET

ACT

1. Cost of Legislation and the Congressional Budget Act. With respect to the requirements of clause 3(c)(2) and (3) of rule XIII of 

the Rules of the House of Representatives and sections 308(a) and 

402 of the Congressional Budget Act of 1974, the Committee has 

received the following estimate for the bill from the Director of the 

Congressional Budget Office: 


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U.S. CONGRESS, CONGRESSIONAL BUDGET OFFICE, Washington, DC, May 13, 2019. 

Hon. RAU ́ L M. GRIJALVA, 

Chairman, Committee on Natural Resources, 

House of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 1809, a bill to amend the 

Pittman-Robertson Wildlife Restoration Act and the Dingell-Johnson Sport Fish Restoration Act, to provide parity for United States 

territories and the District of Columbia, to make technical corrections to such Acts and related laws, and for other purposes. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is David Hughes. 

Sincerely, 

KEITH HALL, 

Director. 

Enclosure. 

H.R. 1809 would change the amounts apportioned to U.S. territories and the District of Columbia under the Pittman-Robertson 

Wildlife Restoration Act and the Dingell-Johnson Sport Fish Restoration Act. Those two laws authorize the U.S. Fish and Wildlife 

Service to administer grant programs for wildlife restoration, conservation, hunter education and safety, and sport fish restoration. 

The grants are funded by excise taxes on hunting and fishing 

equipment, and are distributed to states and territories through an 

apportionment formula laid out in statute. Current law sets a maximum amount that the territories and the District of Columbia can 

receive. H.R. 1809 would increase those limits or remove them so 

that the territories and the District of Columbia could receive more 

funds. As a result, other states would receive less for the various 

grants offered under these laws. 


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Because H.R. 1809 would not change the total amounts collected 

or spent, CBO estimates that enacting H.R. 1809 would not affect 

the federal budget. 

The CBO staff contact for this estimate is David Hughes. The estimate was reviewed by H. Samuel Papenfuss, Deputy Assistant 

Director for Budget Analysis. 

2. General Performance Goals and Objectives. As required by 

clause 3(c)(4) of rule XIII, the general performance goals and objectives of this bill is to amend the Pittman-Robertson Wildlife Restoration Act and the Dingell-Johnson Sport Fish Restoration Act to 

provide parity for United States territories and the District of Columbia. 

EARMARK STATEMENT

This bill does not contain any Congressional earmarks, limited 

tax benefits, or limited tariff benefits as defined under clause 9(e), 

9(f), and 9(g) of rule XXI of the Rules of the House of Representatives. 

UNFUNDED MANDATES REFORM ACT STATEMENT

This bill contains no unfunded mandates. 

EXISTING PROGRAMS

This bill does not establish or reauthorize a program of the federal government known to be duplicative of another program. 

APPLICABILITY TO LEGISLATIVE BRANCH

The Committee finds that the legislation does not relate to the 

terms and conditions of employment or access to public services or 

accommodations within the meaning of section 102(b)(3) of the Congressional Accountability Act. 

PREEMPTION OF STATE, LOCAL, OR TRIBAL LAW

Any preemptive effect of this bill over state, local, or tribal law 

is intended to be consistent with the bill’s purposes and text and 

the Supremacy Clause of Article VI of the U.S. Constitution. 

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italic, 

and existing law in which no change is proposed is shown in 

roman): 

PITTMAN-ROBERTSON WILDLIFE RESTORATION ACT 

* * * * * * * 

Be it enacted by the Senate and House of Representatives of the 

United States of America in Congress assembled, That the øSecretary of Agriculture¿ Secretary of the Interior is authorized to cooperate with the States, through their respective State fish and 

game departments, in wildlife-restoration projects as hereinafter 


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set forth; but no money apportioned under this Act to any State 

shall be expended therein until its legislature, or other State agency authorized by the State constitution to make laws governing the 

conservation of wildlife, shall have assented to the provision of this 

Act and shall have passed laws for the conservation of wildlife 

which shall include a prohibition against the diversion of license 

fees paid by hunters for any other purpose than the administration 

of said State fish and game department, except that, until the final 

adjournment of the first regular session of the legislature held after 

the passage of this Act, the assent of the Governor of the State 

shall be sufficient. The øSecretary of Agriculture¿ Secretary of the 

Interior and the State fish and game department of each State accepting the benefits of this Act shall agree upon the wildlife-restoration projects to be aided in such State under the terms of this 

Act and all projects shall conform to the standards fixed by the 

øSecretary of Agriculture¿ Secretary of the Interior. 

SEC. 2. DEFINITIONS. 

As used in this Act— 

(1) the term ‘‘conservation’’ means 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; 

(2) the term ‘‘Secretary’’ means the Secretary of the Interior; 

(3) the term ‘‘State fish and game department’’ or ‘‘State fish 

and wildlife department’’ means any department or division of 

department of another name, or commission, or official or officials, of a State empowered under its laws to exercise the functions ordinarily exercised by a State fish and game department 

or State fish and wildlife department. 

(4) 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; 

(5) the term ‘‘wildlife-associated recreation’’ means 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, 

field trialing, trail heads, and access for such projects; 

(6) the term ‘‘wildlife conservation and restoration program’’ 

means a program developed by a State fish and wildlife department and approved by the Secretary under øsection 304(d)¿ 

section 4(e), 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 


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entities from funds apportioned under this title, and maintenance of such projects; 

(7) the term ‘‘wildlife conservation education’’ means projects, 

including public outreach, intended to foster responsible natural resource stewardship; and 

(8) the term ‘‘wildlife-restoration project’’ includes the wildlife conservation and restoration program and means the selection, restoration, rehabilitation, and improvement of areas of 

land or water adaptable as feeding, resting, or breeding places 

for wildlife, including acquisition of such areas or estates or interests therein as are suitable or capable of being made suitable therefor, and the construction thereon or therein of such 

works as may be necessary to make them available for such 

purposes and also including such research into problems of 

wildlife management as may be necessary to efficient administration affecting wildlife resources, and such preliminary or incidental costs and expenses as may be incurred in and about 

such projects. 

SEC. 3. (a)(1) An amount equal to all revenues accruing each fiscal year (beginning with the fiscal year 1975) from any tax imposed 

on specified articles by sections 4161(b) and 4181 of the Internal 

Revenue Code of 1986 (26 U.S.C. 4161(b), 4181) shall, subject to 

the exemptions in section 4182 of such Code, be covered into the 

Federal aid to wildlife restoration fund in the Treasury (hereinafter 

referred to as the ‘‘fund’’) and is authorized to be appropriated and 

made available until expended to carry out the purposes of this 

Act. So much of such appropriation apportioned to any State for 

any fiscal year as remains unexpended at the close thereof is authorized to be made available for expenditure in that State until 

the close of the succeeding fiscal year. Any amount apportioned to 

any State under the provisions of this Act which is unexpended or 

unobligated at the end of the period during which it is available 

for expenditure on any project is authorized to be made available 

for expenditure by the Secretary of Agriculture in carrying out the 

provisions of the Migratory Bird Conservation Act. 

(2) There is established in the Federal aid to wildlife restoration 

fund a subaccount to be known as the ‘‘Wildlife Conservation and 

Restoration Account’’. There are authorized to be appropriated for 

the purposes of the Wildlife Conservation and Restoration Account 

$50,000,000 in fiscal year 2001 for apportionment in accordance 

with this Act to carry out State wildlife conservation and restoration programs. Further, interest on amounts transferred shall be 

treated in a manner consistent with ø16 U.S.C. 669(b)(1))¿ subsection (b)(1). 

(b)(1) The Secretary of the Treasury shall invest in interest-bearing obligations of the United States such portion of the fund as is 

not, in his judgment, required for meeting a current year’s withdrawals. For purposes of such investment, the Secretary of the 

Treasury may— 

(A) acquire obligations at the issue price and purchase outstanding obligations at the market price; and 

(B) sell obligations held in the fund at the market price. 

(2) The interest on obligations held in the fund— 

(A) shall be credited to the fund; 


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(B) constitute the sums available for allocation by the Secretary under section 8 of the North American Wetlands Conservation Act; and 

(C) shall become available for apportionment under this Act 

at the beginning of fiscal year 2026. 

(c)(1) Amounts transferred to the Wildlife Conservation and Restoration Account 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. 

(2) Funds may be used by a State or an Indian tribe for the planning and implementation of its wildlife conservation and restoration program and wildlife conservation strategy, as provided in 

øsections 4(d) and (e) of this Act,¿ section 4(e), including 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. 

(3) Priority for funding from the Wildlife Conservation and Restoration Account shall be for those species with the greatest conservation need as defined by the State wildlife conservation and 

restoration program. 

(d) Notwithstanding subsections (a) and (b) of this section, with 

respect to amounts transferred to the Wildlife Conservation and 

Restoration Account, so much of such amounts apportioned to any 

State for any fiscal year as remains unexpended at the close thereof shall remain available for obligation in that State until the close 

of the second succeeding fiscal year. 

SEC. 4. ALLOCATION AND APPORTIONMENT OF AVAILABLE AMOUNTS. 

(a) SET-ASIDE FOR EXPENSES FOR ADMINISTRATION OF THE PITT- MAN-ROBERTSON WILDLIFE RESTORATION ACT.— (1) IN GENERAL.— (A) SET-ASIDE.—For fiscal year 2001 and each fiscal year 

thereafter, of the revenues (excluding interest accruing 

under section 3(b)) covered into the fund for the fiscal 

year, the Secretary of the Interior may use not more than 

the available amount specified in subparagraph (B) for the 

fiscal year for expenses for administration incurred in implementation of this Act, in accordance with this subsection and section 9. 

(B) AVAILABLE AMOUNTS.—The available amount referred to in subparagraph (A) is— 

(i) for each of fiscal years 2001 and 2002, 

$9,000,000; 

(ii) for fiscal year 2003, $8,212,000; and 

(iii) for fiscal year 2004 and each fiscal year thereafter, the sum of— 

(I) the available amount for the preceding fiscal 

year; and 

(II) the amount determined by multiplying— 


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(aa) the available amount for the preceding 

fiscal year; and 

(bb) the change, relative to the preceding 

fiscal year, in the Consumer Price Index for 

All Urban Consumers published by the Department of Labor. 

(2) PERIOD OF AVAILABILITY; APPORTIONMENT OF UNOBLI- GATED AMOUNTS.— (A) PERIOD OF AVAILABILITY.—For each fiscal year, the 

available amount under paragraph (1) shall remain available for obligation for use under that paragraph until the 

end of the fiscal year. 

(B) APPORTIONMENT OF UNOBLIGATED AMOUNTS.—Not 

later than 60 days after the end of a fiscal year, the Secretary of the Interior shall apportion among the States any 

of the available amount under paragraph (1) that remains 

unobligated at the end of the fiscal year, on the same basis 

and in the same manner as other amounts made available 

under this Act are apportioned among the States for the 

fiscal year. 

(b) APPORTIONMENT TO STATES.—The Secretary of the Interior, 

after deducting the available amount under subsection (a), the 

amount apportioned under subsection (c), any amount apportioned 

under section 8A, and amounts provided as grants under sections 

10 and 11, shall apportion the remainder of the revenue in said 

fund for each fiscal year among the several States in the following 

manner: One-half in the ratio which the area of each State bears 

to the total area of all the States, and one-half in the ratio which 

the number of paid hunting-license holders of each State in the second fiscal year preceding the fiscal year for which such apportionment is made, as certified to said Secretary by the State fish and 

game departments, bears to the total number of paid hunting-license holders of all the States. Such apportionments shall be adjusted equitably so that no State shall receive less than one-half of 

1 per centum nor more than 5 per centum of the total amount apportioned. The term fiscal year as used in this Act shall be a period 

of twelve consecutive months from October 1 through the succeeding September 30, except that the period for enumeration of 

paid hunting-license holders shall be a State’s fiscal or license year. 

(c) One-half of the revenues accruing to the fund under this Act 

each fiscal year (beginning with the fiscal year 1975) from any tax 

imposed on pistols, revolvers, bows, and arrows shall be apportioned øamong the States in proportion to the ratio that the population of each State bears to the population of all the States: Provided, That each State shall be apportioned not more than 3 per 

centum and not less than 1 per centum of such revenues and 

Guam, the Virgin Islands, American Samoa, Puerto Rico, and the 

Northern Mariana Islands shall each be apportioned one-sixth of 1 

per centum of such revenues.¿ among the States and each of American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, 

and the United States Virgin Islands in proportion to the ratio that 

the population of each State and each such territory bears to the 

population of all the States and such territories, except that each 

State shall be apportioned not more than 3 percent of such revenues, 

and each State and each such territory shall be apportioned not less 


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than 1 percent of such revenues. For the purpose of this subsection, 

population shall be determined on the basis of the latest decennial 

census for which figures are available, as certified by the Secretary 

of Commerce. 

ø(c)¿ (d) APPORTIONMENT OF WILDLIFE CONSERVATION AND RESTORATION ACCOUNT.— 

ø(1) The Secretary of the Interior shall make the following 

apportionment from the Wildlife Conservation and Restoration 

Account: 

ø(A) to the District of Columbia and to the Commonwealth of Puerto Rico, each a sum equal to not more than 

one-half of 1 percent thereof. 

ø(B) to Guam, American Samoa, the Virgin Islands, and 

the Commonwealth of the Northern Mariana Islands, each 

a sum equal to not more than one-fourth of 1 percent 

thereof.¿ 

(1) The Secretary of the Interior shall apportion from the 

Wildlife Conservation and Restoration Account to each of the 

District of Columbia, American Samoa, Guam, the Northern 

Mariana Islands, Puerto Rico, and the United States Virgin Islands a sum equal to not more than one-half of 1 percent of 

such Account. 

(2)(A) The Secretary of the Interior, after making the apportionment under paragraph (1), shall apportion the remaining 

amount in the Wildlife Conservation and Restoration Account 

for each fiscal year among the States in the following manner: 

(i) øone-third of which is based¿ One-third of such 

amount shall be apportioned based on the ratio to which 

the land area of such State bears to the total land area of 

all such Statesø; and¿. 

(ii) øtwo-thirds of which is based¿ Two-thirds of such 

amount shall be apportioned 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 one percent of the amount available 

for apportionment under this paragraph for any fiscal year or 

more than five percent of such amount. 

(3) Of the amounts transferred to the Wildlife Conservation 

and Restoration Account, not to exceed 3 percent shall be 

available for any Federal expenses incurred in the administration and execution of programs carried out with such amounts. 

ø(d)¿ (e) 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 from the 

Wildlife Conservation and Restoration Account, 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; 


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(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); and 

(C) provisions to ensure public participation in the development, revision, and implementation of projects and programs required under this paragraph. 

(D) WILDLIFE CONSERVATION STRATEGY.—Within five 

years of the date of the initial apportionment, develop and 

begin implementation of a wildlife conservation strategy 

based upon the best available and appropriate scientific information and data that— 

(i) uses such information on the distribution and 

abundance of species of wildlife, including low population and declining species as the State fish and wildlife department deems appropriate, that are indicative 

of the diversity and health of wildlife of the State; 

(ii) identifies the extent and condition of wildlife 

habitats and community types essential to conservation of species identified under paragraph (1); 

(iii) identifies the problems which may adversely affect the species identified under paragraph (1) or their 

habitats, and provides for priority research and surveys to identify factors which may assist in restoration 

and more effective conservation of such species and 

their habitats; 

(iv) determines those actions which should be taken 

to conserve the species identified under paragraph (1) 

and their habitats and establishes priorities for implementing such conservation actions; 

(v) provides for periodic monitoring of species identified under paragraph (1) and their habitats and the effectiveness of the conservation actions determined 

under paragraph (4), and for adapting conservation actions as appropriate to respond to new information or 

changing conditions; 

(vi) provides for the review of the State wildlife conservation strategy and, if appropriate, revision at intervals of not more than ten years; 

(vii) provides for coordination to the extent feasible 

the State fish and wildlife department, during the development, implementation, review, and revision of 

the wildlife conservation strategy, with Federal, State, 

and local agencies and Indian tribes that manage significant areas of land or water within the State, or administer programs that significantly affect the conservation of species identified under paragraph (1) or 

their habitats. 

(2) A State shall provide an opportunity for public participation in the development of the comprehensive plan required 

under paragraph (1). 


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(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 Virgin Islands, Guam, American Samoa, and the 

Commonwealth of the Northern Mariana Islands. 

* * * * * * * 

SEC. 6. (a)(1) Any State desiring to avail itself of the benefits of 

this Act shall, by its State fish and game department, submit programs or projects for wildlife restoration in either of the following 

two ways: 

ø(1)¿ (A) The State shall prepare and submit to the Secretary of the Interior a comprehensive fish and wildlife resource management plan which shall insure the perpetuation 

of these resources for the economic, scientific, and recreational 

enrichment of the people. Such plan shall be for a period of not 

less than five years and be based on projections of desires and 

needs of the people for a period of not less than fifteen years. 

It shall include provisions for updating at intervals of not more 

than three years and be provided in a format as may be required by the Secretary of the Interior. If the Secretary of the 

Interior finds that such plans conform to standards established 

by him and approves such plans, he may finance up to 75 per 

centum of the cost of implementing segments of those plans 

meeting the purposes of this Act from funds apportioned under 

this Act upon this approval of an annual agreement submitted 

to him. 

ø(2)¿ (B) A State may elect to avail itself of the benefits of 

this Act by its State fish and game department submitting to 

the Secretary of the Interior full and detailed statements of 

any wildlife-restoration project proposed for that State. If the 

Secretary of the Interior finds that such project meets with the 

standards set by him and approves said project, the State fish 

and game department shall furnish to him such surveys, plans, 

specifications, and estimates therefor as he may require. If the 


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Secretary of the Interior approves the plans, specifications, and 

estimates for the project, he shall notify the State fish and 

game department and immediately set aside so much of said 

fund as represents the share of the United States payable 

under this Act on account of such project, which sum so set 

aside shall not exceed 75 per centum of the total estimated cost 

thereof. 

(2) The Secretary of the Interior shall approve only such comprehensive plans or projects as may be substantial in character and 

design and the expenditure of funds hereby authorized shall be applied only to such approved comprehensive wildlife plans or 

projects and if otherwise applied they shall be replaced by the 

State before it may participate in any further apportionment under 

this Act. No payment of any money apportioned under this Act 

shall be made on any comprehensive wildlife plan or project until 

an agreement to participate therein shall have been submitted to 

and approved by the Secretary of the Interior. 

(b) If the State elects to avail itself of the benefits of this Act by 

preparing a comprehensive fish and wildlife plan under øoption (1) 

of subsection (a) of this section,¿ subsection (a)(1)(A), then the term 

‘‘project’’ may be defined for the purposes of this Act as a wildlife 

program, all other definitions notwithstanding. 

(c) Administrative costs in the form of overhead or indirect costs 

for services provided by State central service activities outside of 

the State agency having primary jurisdiction over the wildlife resources of the State which may be charged against programs or 

projects supported by the fund established by section 3 of this Act 

shall not exceed in any one fiscal year 3 per centum of the annual 

apportionment to the State. 

* * * * * * * 

SEC. 8A. The Secretary of the Interior is authorized to cooperate 

with the Secretary of Agriculture of Puerto Rico, the Governor of 

Guam, the Governor of American Samoa, the Governor of the Commonwealth of the Northern Mariana Islands, and the Governor of 

the Virgin Islands, in the conduct of wildlife-restoration projects, as 

defined in section 2 of this Act, and hunter safety programs as provided by section 8(b) of this Act, upon such terms and conditions 

as he shall deem fair, just, and equitable, and is authorized to apportion to Puerto Rico, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and the Virgin Islands, 

out of the money available for apportionment under this Act, such 

sums øas he shall determine, not exceeding for Puerto Rico onehalf of 1 per centum, for Guam one-sixth of 1 per centum, for 

American Samoa one-sixth of one per centum, and for the Commonwealth of the Northern Mariana Islands one-sixth of 1 per centum, and for the Virgin Islands one-sixth of 1 per centum of the 

total amount apportioned, in any one year,¿ as the Secretary shall 

determine for each year, but the Secretary shall in no event require 

any of said cooperating agencies to pay an amount which will exceed 25 per centum of the cost of any project. Any unexpended or 

unobligated balance of any apportionment made pursuant to this 

section shall be available for expenditure in Puerto Rico, Guam, 

American Samoa, the Commonwealth of the Northern Mariana Islands, or the Virgin Islands, as the case may be, in the succeeding 

year, on any approved project, and if unexpended or unobligated at 


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13 

the end of such year is authorized to be made available for expenditure by the Secretary of the Interior in carrying out the provisions 

of the Migratory Bird Conservation Act. 

* * * * * * * 

SEC. 12. The øSecretary of Agriculture¿ Secretary of the Interior 

is authorized to make rules and regulations for carrying out the 

provisions of this Act. 

DINGELL-JOHNSON SPORT FISH RESTORATION ACT 

* * * * * * * 

SEC. 4. (a) IN GENERAL.—For each fiscal year through fiscal year 

2021, the balance of each annual appropriation made in accordance 

with the provisions of section 3 remaining after the distributions 

for administrative expenses and other purposes under subsection 

(b) and for activities under section 14(e) shall be distributed as follows: 

(1) COASTAL WETLANDS.—An amount equal to 18.673 percent 

to the Secretary of the Interior for distribution as provided in 

the Coastal Wetlands Planning, øProtection,¿ Protection and 

Restoration Act (16 U.S.C. 3951 et seq.). 

(2) BOATING SAFETY.—An amount equal to 17.315 percent to 

the Secretary of the department in which the Coast Guard is 

operating for State recreational boating safety programs under 

section 13107 of title 46, United States Code. 

(3) BOATING INFRASTRUCTURE IMPROVEMENT.— (A) IN GENERAL.—An amount equal to 4 percent to the 

Secretary of the Interior for qualified projects under section 5604(c) of the Clean Vessel Act of 1992 (33 U.S.C. 

1322 note) and section 7404(d) of the Sportfishing and 

Boating Safety Act of 1998 (16 U.S.C. 777g–1(d)). 

(B) LIMITATION.—Not more than 75 percent of the 

amount under subparagraph (A) shall be available for 

projects under either of the sections referred to in subparagraph (A). 

(4) NATIONAL OUTREACH AND COMMUNICATIONS.—An amount 

equal to 2.0 percent to the Secretary of the Interior for the National Outreach and Communications Program under section 

8(d) of this Act. Such amounts shall remain available for 3 fiscal years, after which any portion thereof that is unobligated 

by the Secretary for that program may be expended by the Secretary under subsection (c) of this section. 

(b) SET-ASIDE FOR EXPENSES FOR ADMINISTRATION OF THE DINGELL-JOHNSON SPORT FISH RESTORATION ACT.— 

(1) IN GENERAL.— 

(A) SET-ASIDE FOR ADMINISTRATION.—From the annual 

appropriation made in accordance with section 3, for each 

fiscal year through fiscal year 2021, the Secretary of the 

Interior may use no more than the amount specified in 

subparagraph (B) for the fiscal year for expenses for administration incurred in the implementation of this Act, in 

accordance with this section and section 9. The amount 

specified in subparagraph (B) for a fiscal year may not be 


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14 

included in the amount of the annual appropriation distributed under subsection (a) for the fiscal year. 

(B) AVAILABLE AMOUNTS.—The available amount referred to in subparagraph (A) is— 

(i) for each of fiscal years 2001 and 2002, $9,000,000; 

(ii) for fiscal year 2003, $8,212,000; and 

(iii) for fiscal year 2004 and each fiscal year thereafter, the sum of— 

(I) the available amount for the preceding fiscal 

year; and 

(II) the amount determined by multiplying— 

(aa) the available amount for the preceding 

fiscal year; and 

(bb) the change, relative to the preceding 

fiscal year, in the Consumer Price Index for 

All Urban Consumers published by the Department of Labor. 

(2) SET-ASIDE FOR COAST GUARD ADMINISTRATION.— (A) IN GENERAL.—From the annual appropriation made 

in accordance with section 3, for each of fiscal years 2016 

through 2021, the Secretary of the department in which 

the Coast Guard is operating may use no more than the 

amount specified in subparagraph (B) for the fiscal year 

for the purposes set forth in section 13107(c) of title 46, 

United States Code. The amount specified in subparagraph 

(B) for a fiscal year may not be included in the amount of 

the annual appropriation distributed under subsection (a) 

for the fiscal year. 

(B) AVAILABLE AMOUNTS.—The available amount referred to in subparagraph (A) is— (i) for fiscal year 2016, $7,700,000; and 

(ii) for fiscal year 2017 and each fiscal year thereafter, the sum of— 

(I) the available amount for the preceding fiscal 

year; and 

(II) the amount determined by multiplying— 

(aa) the available amount for the preceding 

fiscal year; and 

(bb) the change, relative to the preceding 

fiscal year, in the Consumer Price Index for 

All Urban Consumers published by the Department of Labor. 

(3) PERIOD OF AVAILABILITY; APPORTIONMENT OF UNOBLIGATED AMOUNTS.— 

(A) PERIOD OF AVAILABILITY.—For each fiscal year, the 

available amount under paragraph (1) shall remain available for obligation for use under that paragraph until the 

end of the subsequent fiscal year. 

(B) APPORTIONMENT OF UNOBLIGATED AMOUNTS.—Not 

later than 60 days after the end of a fiscal year, the Secretary of the Interior shall apportion among the States any 

of the available amount under paragraph (1) that remains 

unobligated at the end of the fiscal year, on the same basis 

and in the same manner as other amounts made available 


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15 

under this Act are apportioned among the States under 

subsection (c) for the fiscal year. 

(c)(1) The Secretary, after the distribution, transfer, use and deduction under subsection (b), and after deducting amounts used for 

activities under section 14(e), shall apportion 58.012 percent of the 

balance of each such annual appropriation among the several 

States in the following manner: 40 percent in the ratio which the 

area of each State including coastal and Great Lakes waters (as determined by the Secretary of the Interior) bears to the total area 

of all the States, and 60 percent in the ratio which the number of 

persons holding paid licenses to fish for sport or recreation in the 

State in the second fiscal year preceding the fiscal year for which 

such apportionment is made, as certified to said Secretary by the 

State fish and game departments, bears to the number of such persons in all the States. Such apportionments shall be adjusted equitably so that no State shall receive less than 1 percent nor more 

than 5 percent of the total amount apportioned. Where the apportionment to any State under this section is less than $4,500 annually, the Secretary of the Interior may allocate not more than 

$4,500 of said appropriation to said State to carry out the purposes 

of this Act when said State certifies to the Secretary of the Interior 

that it has set aside not less than $1,500 from its fish-and-game 

funds or has made, through its legislature, an appropriation in this 

amount for said purposes. 

(2) The Secretary shall deduct from the amount to be apportioned 

under paragraph (1) the amounts used for grants under section 

14(a). 

(d) So much of any sum not allocated under the provisions of this 

section for any fiscal year is hereby authorized to be made available for expenditure to carry out the purposes of this Act until the 

close of the succeeding fiscal year. The term fiscal year as used in 

this section shall be a period of twelve consecutive months from October 1 through the succeeding September 30, except that the period for enumeration of persons holding licenses to fish shall be a 

State’s fiscal or license year. 

(e) EXPENSES FOR ADMINISTRATION OF CERTAIN PROGRAMS.— (1) IN GENERAL.—For each fiscal year, of the amounts appropriated under section 3, the Secretary of the Interior shall use 

only funds authorized for use under paragraphs (1), (3), (4), 

and (5) of subsection (a) to pay the expenses for administration 

incurred in carrying out the provisions of law referred to in 

those paragraphs, respectively. 

(2) MAXIMUM AMOUNT.—For each fiscal year, the Secretary of the Interior may use not more than $900,000 in accordance 

with paragraph (1). 

(f) TRANSFER OF CERTAIN FUNDS.—Amounts available under 

paragraphs (3) and (4) of subsection (a) that are unobligated by the 

Secretary of the Interior after 3 fiscal years shall be transferred to 

the Secretary of the department in which the Coast Guard is operating and shall be expended for State recreational boating safety 

programs under section 13107(a) of title 46, United States Code. 

* * * * * * * 

SEC. 12. The Secretary of the Interior is authorized to cooperate 

with the Secretary of Agriculture of Puerto Rico, the Mayor of the 

District of Columbia, the Governor of Guam, the Governor of AmerVerDate Sep 11 2014 01:15 Jul 12, 2019 Jkt 089006 PO 00000 Frm 00015 Fmt 6659 Sfmt 6601 E:\HR\OC\HR144.XXX HR144

SSpencer on DSKBBXCHB2PROD with REPORTS
16 

ican Samoa, the Governor of the Commonwealth of the Northern 

Mariana Islands, and the Governor of the Virgin Islands, in the 

conduct of fish restoration and management projects as defined in 

section 2 of this Act, upon such terms and conditions as he shall 

deem fair, just, and equitable, and is authorized to apportion to 

Puerto Rico, the District of Columbia, Guam, American Samoa, the 

Commonwealth of the Northern Mariana Islands, and the Virgin 

Islands, out of money available for apportionment under this Act, 

such sums øas he shall determine, not exceeding for Puerto Rico 

1 per centum, for the District of Columbia one-third of 1 per centum, for Guam one-third of 1 per centum, for American Samoa onethird of 1 per centum, for the Commonwealth of the Northern Mariana Islands one-third of 1 per centum, and for the Virgin Islands 

one-third of 1 per centum of the total amount apportioned in any 

one year, but the Secretary¿ as the Secretary shall determine, except the Secretary shall in no event require any of said cooperating 

agencies to pay an amount which will exceed 25 per centum of the 

cost of any project. Any unexpended or unobligated balance of any 

apportionment made pursuant to this section shall be made available for expenditure in Puerto Rico, the District of Columbia, 

Guam, the Commonwealth of the Northern Mariana Islands, or the 

Virgin Islands, as the case may be, in the succeeding year, on any 

approved projects, and if unexpended or unobligated at the end of 

such year is authorized to be made available for expenditure by the 

Secretary of the Interior to supplement the 58.012 percent of the 

balance of each annual appropriation to be apportioned among the 

States under section 4(c) of this Act. 

* * * * * * * 

SECTION 111 OF PUBLIC LAW 101-593 

AN ACT To direct the Secretary of the Interior to convey all interest of the United 

States in a fish hatchery to the State of South Carolina, and for other purposes. 

SEC. 111. NEW ENGLAND FISHERY RESOURCES RESTORATION ACT OF 

FISHERY 1990. 

(a) SHORT TITLE.—This section may be cited as the ‘‘New England Fishery Resources Restoration Act of 1990’’. 

(b) PURPOSES.—The purposes of this Act are to— 

(1) ensure timely and effective implementation of restoration 

plans and programs for Atlantic salmon and other fishery resources of selected river systems in New England; 

(2) complete a study of fish passage impediments and requirements on small streams and rivers in New England; and 

(3) develop an inventory of important fish and wildlife habitat and other natural areas of river basins in New England. 

(c) IMPLEMENTATION OF FISHERY RESOURCE RESTORATION

PLANS.—The Director of the United States Fish and Wildlife Service, hereinafter referred to as the Director, in consultation with the 

Assistant Administrator for Fisheries of the National Oceanic and 

Atmospheric Administration shall formulate, establish and implement programs to restore and maintain nationally significant, 

interjurisdictional fishery resources originating in New England 

river systems, including the Connecticut, Thames, Pawcatuck, 

Merrimack, Saco, Androscoggn, Kennebec, Sheepscot, Duck Trap, 


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17 

St. George, Penobscot, Union, Narraguagus, Pleasant, Machias, 

Dennys, St. Croix, Meduxnekeag and Aroostock and their tributaries. These programs shall be in accordance with the schedule 

and responsibilities established in comprehensive basin-wide restoration plans prepared by the Director in cooperation with State, 

local, and other entities involved and interested in the conservation 

and management of the affected fishery resources. Preparation and 

periodic revision of restoration plans, and their implementation, 

shall be based on a Memorandum of Agreement for each restoration program which shall be entered into by the Director and cooperating entities. The Director shall prepare and submit to the 

House Committee on Merchant Marine and Fisheries and the Senate Committee on Environment and Public Works an annual report 

documenting activities undertaken and accomplishments achieved 

in fulfillment of this section, including an assessment of the prognosis for restoration of each of the stocks and species involve. 

(d) FISH PASSAGE STUDY.—The Director shall conduct a study to 

identify impediments to upstream and downstream passage of fish 

in rivers and streams in the New England States due to dams that 

are not licensed by the Federal Energy Regulatory Commission or 

other human-caused obstructions. In addition, the study shall identify actions needed to alleviate those impediments where desirable 

and feasible. The study shall include, but not be limited to, identifying— 

(1) all dams not licensed by the Federal Energy Regulatory 

Commission and other human-caused obstructions on New 

England rivers and streams where construction of upstream or 

downstream fish passage facilities or their removal would benefit fishery resources, including an estimate of the degree of 

benefits expected; and 

(2) the proposed nature and size and estimated cost of appropriate fish passage facilities or other actions determined to be 

necessary and feasible or each dam or other obstruction identified in response to paragraph (1). The Director shall provide 

notice to the public of the extent and nature of the study by 

publication of such information in major newspapers in the region and by other appropriate means. Within three years of the 

date of enactment of this Act, the Director shall submit a report containing the findings, conclusions and recommendations 

of the study to the House Committee on Merchant Marine and 

Fisheries and the Senate Committee on Environment and Public Works. 

(e) NEW ENGLAND RIVERS FISH AND WILDLIFE INVENTORY.—The 

Director shall inventory the natural values of river basins in New 

England, including the Connecticut, Pawcatuck, Acushnet, North 

and South (in Plymouth County, Massachusetts), Charles, 

Merrimack, Saco, Androscoggin, Kennebec, Penobscot, Union, St. 

Croix, and Aroostock Rivers and their tributaries, and identify fish 

and wildlife habitat in most need of protection or where public access to the rivers should be provided. In addition, the Director 

shall, in cooperation with appropriate State agencies and local governments and after providing notice and opportunity for public 

comment, identify appropriate public or private measures for providing the necessary protection or access for each area included in 

the inventory. Within two years of the date of enactment of this 


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18 

Act, the Director shall submit a report containing the findings, conclusions, and recommendations of the inventory and assessment to 

the House Committee on Merchant Marine and Fisheries and the 

Senate Committee on Environment and Public Works. 

(f) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to 

be appropriated to the Director— (1) $5,000,000 per year for fiscal years 1991, 1992, 1993, 

1994, and 1995 to implement fishery resource restoration plans 

and programs, except for activities related to the design and 

construction of fish passage facilities, as directed by subsection 

(c); 

(2) $500,000 per year for fiscal years 1991, 1992, and 1993 

to conduct the study required under subsection (d); and (3) $500,000 to conduct the inventory and assessment required under øsection¿ subsection (e). 

* * * * * * * 

SECTION 7404 OF PUBLIC LAW 105-178 

AN ACT To authorize funds for Federal-aid highways, highway safety programs, 

and transit programs, and for other purposes. 

SEC. 7404. BOATING INFRASTRUCTURE. 

(a) PURPOSE.—The purpose of this section is to provide funds to 

States for the development and maintenance of facilities for transient nontrailerable recreational vessels. 

(b) SURVEY.—Section 8 of the 1950 Act (16 U.S.C. 777g), as 

amended by section 7402, is amended by adding at the end thereof 

the following: 

‘‘(g) SURVEYS.— ‘‘(1) NATIONAL FRAMEWORK.—Within 6 months after the date 

of enactment of the Sportfishing and Boating Safety Act of 

1998, the Secretary, in consultation with the States, shall 

adopt a national framework for a public boat access needs assessment which may be used by States to conduct surveys to 

determine the adequacy, number, location, and quality of facilities providing access to recreational waters for all sizes of recreational boats. 

‘‘(2) STATE SURVEYS.—Within 18 months after such date of 

enactment, each State that agrees to conduct a public boat access needs survey following the recommended national framework shall report its findings to the Secretary for use in the 

development of a comprehensive national assessment of recreational boat access needs and facilities. 

‘‘(3) EXCEPTION.—Paragraph (2) does not apply to a State if, 

within 18 months after such date of enactment, the Secretary 

certifies that the State has developed and is implementing a 

plan that ensures there are and will be public boat access adequate to meet the needs of recreational boaters on its waters. 

‘‘(4) FUNDING.—A State that conducts a public boat access 

needs survey under paragraph (2) may fund the costs of conducting that assessment out of amounts allocated to it as funding dedicated to motorboat access to recreational waters under 

subsection (b)(1) of this section.’’. 


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19 

(c) PLAN.—Within 6 months after submitting a survey to the Secretary under section 8(g) of the Act entitled ‘‘An Act to provide that 

the United States shall aid the States in fish restoration and management projects, and for other purposes,’’ approved August 9, 1950 

(16 U.S.C. 777g(g)), as added by subsection (b) of this section, a 

State may develop and submit to the Secretary a plan for the construction, renovation, and maintenance of facilities for transient 

nontrailerable recreational vessels, and access to those facilities, to 

meet the needs of nontrailerable recreational vessels operating on 

navigable waters in the State. 

(d) GRANT PROGRAM.— 

(1) MATCHING GRANTS.—The Secretary of the Interior shall 

obligate amounts made available under øsection 4(a)(4)¿ section 4(a)(3)(A) of the Dingell-Johnson Sport Fish Restoration 

Act to make grants to any State to pay not more than 75 percent of the cost to a State of constructing, renovating, or maintaining facilities for transient nontrailerable recreational vessels. 

(2) PRIORITIES.—In awarding grants under paragraph (1), 

the Secretary shall give priority to projects that— 

(A) consist of the construction, renovation, or maintenance of facilities for transient nontrailerable recreational 

vessels in accordance with a plan submitted by a State 

under subsection (c); 

(B) provide for public/private partnership efforts to develop, maintain, and operate facilities for transient 

nontrailerable recreational vessels; and 

(C) propose innovative ways to increase the availability 

of facilities for transient nontrailerable recreational vessels. 

(e) DEFINITIONS.—For purposes of this section, the term— 

(1) ‘‘nontrailerable recreational vessel’’ means a recreational 

vessel 26 feet in length or longer— 

(A) operated primarily for pleasure; or 

(B) leased, rented, or chartered to another for the latter’s 

pleasure; 

(2) ‘‘facilities for transient nontrailerable recreational vessels’’ includes mooring buoys, day-docks, navigational aids, seasonal slips, safe harbors, or similar structures located on navigable waters, that are available to the general public (as determined by the Secretary of the Interior) and designed for temporary use by nontrailerable recreational vessels; and 

(3) ‘‘State’’ means each of the several States of the United 

States, the District of Columbia, the Commonwealth of Puerto 

Rico, Guam, American Samoa, the Virgin Islands, and the 

Commonwealth of the Northern Mariana Islands. 

* * * * * * * 

SUPPLEMENTAL, MINORITY, ADDITIONAL, OR DISSENTING VIEWS

None. 

Æ 


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