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[House Report 115-899]
[From the U.S. Government Publishing Office]

115th Congress    }                                     {      Report
                        HOUSE OF REPRESENTATIVES
 2d Session       }                                     {     115-899

======================================================================

 
    MODERNIZING THE PITTMAN-ROBERTSON FUND FOR TOMORROW'S NEEDS ACT

                                _______
                                

August 14, 2018.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

Mr. Bishop of Utah, from the Committee on Natural Resources, submitted 
                             the following

                              R E P O R T

                        [To accompany H.R. 2591]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 2591) to amend the Pittman-Robertson Wildlife 
Restoration Act to modernize the funding of wildlife 
conservation, and for other purposes, having considered the 
same, report favorably thereon with an amendment and recommend 
that the bill as amended do pass.
    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Modernizing the Pittman-Robertson Fund 
for Tomorrow's Needs Act''.

SEC. 2. PURPOSE.

  The first section of the Pittman-Robertson Wildlife Restoration Act 
(16 U.S.C. 669) is amended by adding at the end the following: ``One of 
the purposes of this Act is to provide financial and technical 
assistance to the States for the promotion of hunting and recreational 
shooting.''.

SEC. 3. DEFINITIONS.

  Section 2 of the Pittman-Robertson Wildlife Restoration Act (16 
U.S.C. 669a) is amended--
          (1) by redesignating paragraphs (2) through (8) as paragraphs 
        (4) through (10), respectively; and
          (2) by inserting after paragraph (1) the following:
          ``(2) for the purposes of determining the number of paid 
        hunting-license holders in a State, the term `fiscal year' 
        means the fiscal year or license year of the State;
          ``(3) the term `hunter recruitment and recreational shooter 
        recruitment' means any activity or project to recruit or retain 
        hunters and recreational shooters, including by--
                  ``(A) using social media, marketing, advertising, 
                surveying, television spots, print, and media;
                  ``(B) providing education, mentoring, and field 
                demonstrations;
                  ``(C) enhancing access for hunting and recreational 
                shooting, including through range construction;
                  ``(D) providing education to the public about the 
                role of hunting and recreational shooting in funding 
                wildlife conservation; and
                  ``(E) using any other means to ensure the growth of 
                hunting and recreational shooting, as determined by the 
                Secretary;''.

SEC. 4. ALLOCATION AND APPORTIONMENT OF AVAILABLE AMOUNTS.

  (a) Apportionment to States.--Section 4(b) of the Pittman-Robertson 
Wildlife Restoration Act (16 U.S.C. 669c(b)) is amended--
          (1) in the first sentence, by striking ``The Secretary of the 
        Interior'' and inserting the following:
          ``(1) In general.--The Secretary'';
          (2) in the second sentence, by striking ``Such 
        apportionments'' and inserting the following:
          ``(2) Adjustments.--The apportionments under paragraph (1)'';
          (3) by striking the third sentence; and
          (4) by adding at the end the following:
          ``(3) Use of funds.--
                  ``(A) In general.--Subject to subparagraph (B), 
                amounts apportioned under this subsection may be used 
                for hunter recruitment and recreational shooter 
                recruitment.
                  ``(B) Limitation.--A State may make an expenditure 
                under subparagraph (A) only if the amount of the 
                expenditure during the fiscal year in which the 
                expenditure is made plus the amount of the expenditures 
                for hunter recruitment and recreational shooter 
                recruitment made during the 4 fiscal years preceding 
                that fiscal year is not greater than 25 percent of the 
                total amount apportioned to the State under this 
                subsection during that 5-fiscal-year period.''.
  (b) Apportionment of Certain Taxes.--The first subsection (c) of 
section 4 of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 
669c) is amended--
          (1) by inserting ``Apportionment of Revenues From Pistols, 
        Revolvers, Bows, and Arrows.--'' after the enumerator;
          (2) by striking ``One-half'' and inserting the following:
          ``(1) In general.--Subject to paragraph (2), \1/2\'';
          (3) by striking ``: Provided, That'' and inserting a period;
          (4) by striking ``each State shall be apportioned not more 
        than 3 per centum and not less than 1 per centum of such 
        revenues'' and inserting the following:
          ``(2) Condition.--The amount apportioned to each State under 
        paragraph (1) shall be not greater than 3 percent and not less 
        than 1 percent of the revenues described in such paragraph'';
          (5) by striking ``For the purpose'' and inserting the 
        following:
          ``(3) Population determination.--For the purpose''; and
          (6) by adding at the end the following:
          ``(4) Use of funds.--In addition to other uses authorized 
        under this Act, amounts apportioned under this subsection may 
        be used for hunter recruitment and recreational shooter 
        recruitment.''.
  (c) Technical Correction.--Section 4 of the Pittman-Robertson 
Wildlife Restoration Act (16 U.S.C. 669c) is amended by redesignating 
the second subsection (c) and subsection (d) as subsections (d) and 
(e), respectively.

SEC. 5. EXPENDITURES FOR MANAGEMENT OF WILDLIFE AREAS AND RESOURCES.

  Section 8 of the Pittman-Robertson Wildlife Restoration Act (16 
U.S.C. 669g) is amended--
          (1) in subsection (a), in the third sentence, by striking 
        ``and public relations''; and
          (2) in subsection (b), in the first sentence, by striking ``, 
        as a part of such program''.

SEC. 6. FIREARM AND BOW HUNTER EDUCATION AND SAFETY PROGRAM GRANTS.

  Section 10(a)(1)(A) of the Pittman-Robertson Wildlife Restoration Act 
(16 U.S.C. 669h-1(a)(1)(A)) is amended--
          (1) in clause (iii), by striking ``and'' at the end; and
          (2) by adding at the end the following:
                          ``(v) the enhancement of hunter recruitment 
                        and recreational shooter recruitment; and''.

SEC. 7. MULTISTATE CONSERVATION GRANT PROGRAM.

  Section 11 of the Pittman-Robertson Wildlife Restoration Act (16 
U.S.C. 669h-2) is amended--
          (1) in subsection (a)(1)--
                  (A) by striking ``Not more than'' and inserting the 
                following:
                  ``(A) In general.--Not more than''; and
                  (B) by adding at the end the following:
                  ``(B) Availability for hunter and recreational 
                shooter grants.--Not more than $5,000,000 of the 
                revenues covered into the fund from any tax imposed 
                under section 4161(b) of the Internal Revenue Code of 
                1986 for a fiscal year shall be available to the 
                Secretary exclusively for making hunter recruitment and 
                recreational shooter recruitment grants that promote a 
                national hunting and shooting sport recruitment 
                program, including related communication and outreach 
                activities.'';
          (2) in the matter preceding subsection (b)(3)(A), by striking 
        ``International'';
          (3) in the matter preceding subsection (c)(2)(A)(i), by 
        striking ``International'';
          (4) in subsection (c)(2)(A)(i), by inserting ``or to 
        recreational shooting activities'' after ``wildlife''; and
          (5) in subsection (d), by inserting ``or to recreational 
        shooting activities'' after ``wildlife''.

                          Purpose of the Bill

    The purpose of H.R. 2591 is to amend the Pittman-Robertson 
Wildlife Restoration Act to modernize the funding of wildlife 
conservation.

                  Background and Need for Legislation

    The Pittman-Robertson Act\1\ (16 U.S.C. 669 et seq.) uses 
federal excise taxes on firearms, ammunition, and archery 
equipment to fund grants to State and U.S. territory fish and 
wildlife agencies for wildlife resource projects, and to 
conduct hunter education programs. The excise tax, collected by 
the manufacturer, is set at 10% of the wholesale price for 
pistols and revolvers, and 11% for other firearms and shells or 
cartridges. An 11% tax on archery equipment is also deposited 
into the fund established by the Pittman-Robertson Act. The tax 
is applied whether the equipment is likely to be used for 
hunting or not. Total apportionments to the States and 
territories were $797,160,652 in Fiscal Year 2018, $780,031,696 
in Fiscal Year 2017 and $695,141,699 in Fiscal Year 2016.\2\
---------------------------------------------------------------------------
    \1\Formally the Federal Aid in Wildlife Restoration Act of 1937 (50 
Stat. 917).
    \2\United States Fish and Wildlife Service Certificates of 
Apportionment for Fiscal Years 2016, 2017, and 2018.
---------------------------------------------------------------------------
    Prior to passage of the Pittman-Robertson Act, many species 
of wildlife were driven to, or near extinction by commercial 
market hunting pressure and habitat degradation.\3\ The taxes 
paid by hunters and recreational shooters provide funds that 
support the management of wildlife populations and their 
habitats for both game and non-game animals. Preserving and 
enhancing this volunteer revenue source has enabled State 
agencies to provide additional outdoor recreational 
opportunities. This ``user pay/public benefits'' approach aids 
hunters, recreational shooters, and all citizens through the 
delivery of on-the-ground wildlife and habitat conservation by 
State fish and wildlife agencies.
---------------------------------------------------------------------------
    \3\Bolen, Eric (2003). Wildlife Ecology and Management. New Jersey: 
Prentice Hall. Pp. Chapter.
---------------------------------------------------------------------------
    Increasing urbanization and suburbanization has made it 
more difficult for the public to participate in hunting and 
recreational shooting than when the Pittman-Robertson Act was 
first enacted in 1937. In an effort to recruit more hunters and 
ensure continued funding for wildlife conservation, H.R. 2591 
would clarify that one of the purposes of the Pittman-Robertson 
Act is to extend financial and technical assistance to the 
States for the promotion of hunting and recreational shooting. 
The legislation would expand the definitions section of the 
Pittman-Robertson Act to include a definition of ``hunter 
recruitment and recreational shooter recruitment'' activities 
and projects, and to make clear that Pittman-Robertson Act 
funds may be used for hunter and recreational shooter 
recruitment.
    H.R. 2591 also seeks to ensure that traditional wildlife 
conservation remains the primary focus of these funds. The 
legislation would put a cap (25%) on what can be spent on 
hunter and recreational shooter recruitment. The bill would 
also clarify, by removing an existing prohibition on ``public 
relations,'' that State spending for management of wildlife 
areas and resources may include spending for the promotion of 
hunting and recreational shooting. The legislation would 
clarify that the construction, operation, and maintenance of 
public target ranges under Basic Hunter Education funding is 
not restricted to ranges that include hunter safety programs. 
Finally, the legislation would expand the Multistate 
Conservation Grant program (Section 11 of the Pittman-Robertson 
Act) by providing for an additional $5 million per year (from 
archery-related excise tax collections) to be used for making 
hunter and recreational shooter recruitment project grants that 
promote a national hunting and shooting sport recruitment 
program, related communications, and outreach activities.
    Senator James E. Risch (R-ID) introduced a companion bill, 
S. 1613. H.R. 2591 also contains target shooting range 
expansion language similar to H.R. 788, the Target Practice and 
Marksmanship Training Support Act, introduced by Congressman 
Duncan D. Hunter (R-CA). This text was included as Title II of 
H.R. 3668, the Sportsmen's Heritage and Recreational 
Enhancement Act.

                            Committee Action

    H.R. 2591 was introduced on May 22, 2017, by Congressman 
Austin Scott (R-GA). The bill was referred to the Committee on 
Natural Resources, and within the Committee to the Subcommittee 
on Federal Lands. On February 15, 2018, the Subcommittee held a 
hearing on the legislation. On May 8, 2018, the Natural 
Resources Committee met to consider the bill. The Subcommittee 
was discharged by unanimous consent. Congressman Rob Bishop (R-
UT) offered an amendment designated #1; it was adopted by 
unanimous consent. No further amendments were offered, and the 
bill, as amended, was ordered favorably reported to the House 
of Representatives by unanimous consent.

            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:

                                     U.S. Congress,
                               Congressional Budget Office,
                                      Washington, DC, June 8, 2018.
Hon. Rob Bishop,
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. 2591, the 
Modernizing the Pittman-Robertson Fund for Tomorrow's Needs 
Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Janani 
Shankaran.
            Sincerely,
                                             Mark P. Hadley
                                        (For Keith Hall, Director).
    Enclosure.

H.R. 2591--Modernizing the Pittman-Robertson Fund for Tomorrow's Needs 
        Act

    H.R. 2591 would allow states to use grants awarded under 
the Pittman-Robertson Wildlife Restoration Act to promote 
hunting and recreational shooting. The bill also would 
authorize the U.S. Fish and Wildlife Service (USFWS), which 
administers Pittman-Robertson funds, to award up to $5 million 
annually under its existing multistate conservation grant 
program to promote a national recruitment program for hunting 
and sport shooting.
    Using information from the USFWS, CBO expects that enacting 
H.R. 2591 would not affect the timing or total amount of grants 
awarded (those grants are recorded in the budget as direct 
spending). CBO estimates that the USFWS could incur additional 
administrative costs to implement changes to the multistate 
conservation grant program. Based on the costs of similar 
activities, CBO estimates that enacting H.R. 2591 would cost 
less than $500,000; such spending would be subject to the 
availability of appropriated funds.
    Enacting H.R. 2591 would not affect direct spending or 
revenues; therefore, pay-as-you-go procedures do not apply.
    CBO estimates that enacting H.R. 2591 would not increase 
net direct spending or on-budget deficits in any of the four 
consecutive 10-year periods beginning in 2029.
    H.R. 2591 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act.
    The CBO staff contact for this estimate is Janani 
Shankaran. 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 goal or 
objective of this bill is to amend the Pittman-Robertson 
Wildlife Restoration Act to modernize the funding of wildlife 
conservation.

                           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.

                    Compliance With Public Law 104-4

    This bill contains no unfunded mandates.

                       Compliance With H. Res. 5

    Directed Rule Making. This bill does not contain any 
directed rule makings.
    Duplication of Existing Programs. This bill does not 
establish or reauthorize a program of the federal government 
known to be duplicative of another program. Such program was 
not included in any report from the Government Accountability 
Office to Congress pursuant to section 21 of Public Law 111-139 
or identified in the most recent Catalog of Federal Domestic 
Assistance published pursuant to the Federal Program 
Information Act (Public Law 95-220, as amended by Public Law 
98-169) as relating to other programs.

                Preemption of State, Local or Tribal Law

    This bill is not intended to preempt any State, local or 
tribal law.

         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 
Secretary of Agriculture is authorized to cooperate with the 
States, through their respective State fish and game 
departments, in wildlife-restoration projects as hereinafter 
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 Secretary of Agriculture 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 Secretary 
of Agriculture. One of the purposes of this Act is to provide 
financial and technical assistance to the States for the 
promotion of hunting and recreational shooting.

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) for the purposes of determining the number of 
        paid hunting-license holders in a State, the term 
        ``fiscal year'' means the fiscal year or license year 
        of the State;
          (3) the term ``hunter recruitment and recreational 
        shooter recruitment'' means any activity or project to 
        recruit or retain hunters and recreational shooters, 
        including by--
                  (A) using social media, marketing, 
                advertising, surveying, television spots, 
                print, and media;
                  (B) providing education, mentoring, and field 
                demonstrations;
                  (C) enhancing access for hunting and 
                recreational shooting, including through range 
                construction;
                  (D) providing education to the public about 
                the role of hunting and recreational shooting 
                in funding wildlife conservation; and
                  (E) using any other means to ensure the 
                growth of hunting and recreational shooting, as 
                determined by the Secretary;
          [(2)] (4) the term ``Secretary'' means the Secretary 
        of the Interior;
          [(3)] (5) 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)] (6) 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)] (7) 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)] (8) 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 304(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;
          [(7)] (9) the term ``wildlife conservation 
        education'' means projects, including public outreach, 
        intended to foster responsible natural resource 
        stewardship; and
          [(8)] (10) 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. 4. ALLOCATION AND APPORTIONMENT OF AVAILABLE AMOUNTS.

  (a) Set-Aside for Expenses for Administration of the Pittman-
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--
                                          (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 
        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 
                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]
          (1) In general._The Secretary, 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]
          (2) Adjustments._The apportionments under paragraph 
        (1)  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.]
          (3) Use of funds.--
                  (A) In general.--Subject to subparagraph (B), 
                amounts apportioned under this subsection may 
                be used for hunter recruitment and recreational 
                shooter recruitment.
                  (B) Limitation.--A State may make an 
                expenditure under subparagraph (A) only if the 
                amount of the expenditure during the fiscal 
                year in which the expenditure is made plus the 
                amount of the expenditures for hunter 
                recruitment and recreational shooter 
                recruitment made during the 4 fiscal years 
                preceding that fiscal year is not greater than 
                25 percent of the total amount apportioned to 
                the State under this subsection during that 5-
                fiscal-year period.
  (c) [One-half]
          (1) In general.--Subject to paragraph (2), \1/2\ 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 among 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].
          (2) Condition.--The amount apportioned to each State 
        under paragraph (1) shall be not greater than 3 percent 
        and not less than 1 percent of the revenues described 
        in such paragraph 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. [For the purpose]
          (3) Population determination.--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.
          (4) Use of funds.--In addition to other uses 
        authorized under this Act, amounts apportioned under 
        this subsection may be used for hunter recruitment and 
        recreational shooter recruitment.
  [(c)] (d) Apportionment of Wildlife Conservation and 
Restoration Account.--
          (1) The Secretary of the Interior shall make the 
        following apportionment from the Wildlife Conservation 
        and Restoration Account:
                  (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.
                  (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.
          (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) one-third 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; and
                  (ii) two-thirds 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 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.
  [(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;
                  (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).
          (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. 8. (a) Maintenance of wildlife-restoration projects 
established under the provisions of this Act shall be the duty 
of the State in accordance with their respective laws. 
Beginning July 1, 1945, the term ``wildlife-restoration 
project'', as defined in section 2 of this Act, shall include 
maintenance of completed projects. Notwithstanding any other 
provisions of this Act, funds apportioned to a State under this 
Act may be expended by the State for management (exclusive of 
law enforcement [and public relations]) of wildlife areas and 
resources. Funds from the Wildlife Conservation and Restoration 
Account 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.
  (b) Each State may use the funds apportioned to it under 
section 4(c) to pay up to 75 per centum of the costs of a 
hunter safety program and the construction, operation, and 
maintenance of public target ranges[, as a part of such 
program]. The non-Federal share of such costs may be derived 
from license fees paid by hunters, but not from other Federal 
grant programs. The Secretary shall issue not later than the 
120th day after the effective date of this subsection such 
regulations as he deems advisable relative to the criteria for 
the establishment of hunter safety programs and public target 
ranges under this subsection.

           *       *       *       *       *       *       *

SEC. 10. FIREARM AND BOW HUNTER EDUCATION AND SAFETY PROGRAM GRANTS.

  (a) In General.--
          (1) Grants.--Of the revenues covered into the fund, 
        $7,500,000 for each of fiscal years 2001 and 2002, and 
        $8,000,000 for fiscal year 2003 and each fiscal year 
        thereafter, shall be apportioned among the States in 
        the manner specified in section 4(c) by the Secretary 
        of the Interior and used to make grants to the States 
        to be used for--
                  (A) in the case of a State that has not used 
                all of the funds apportioned to the State under 
                section 4(c) for the fiscal year in the manner 
                described in section 8(b)--
                          (i) the enhancement of hunter 
                        education programs, hunter and sporting 
                        firearm safety programs, and hunter 
                        development programs;
                          (ii) the enhancement of interstate 
                        coordination and development of hunter 
                        education and shooting range programs;
                          (iii) the enhancement of bow hunter 
                        and archery education, safety, and 
                        development programs; [and]
                          (iv) the enhancement of construction 
                        or development of firearm shooting 
                        ranges and archery ranges, and the 
                        updating of safety features of firearm 
                        shooting ranges and archery ranges; and
                          (v) the enhancement of hunter 
                        recruitment and recreational shooter 
                        recruitment; and
                  (B) in the case of a State that has used all 
                of the funds apportioned to the State under 
                section 4(c) for the fiscal year in the manner 
                described in section 8(b), any use authorized 
                by this Act (including hunter safety programs 
                and the construction, operation, and 
                maintenance of public target ranges).
          (2) Limitation on use.--Under paragraph (1), a State 
        shall not be required to use more than the amount 
        described in section 8(b) for hunter safety programs 
        and the construction, operation, and maintenance of 
        public target ranges.
  (b) Cost Sharing.--The Federal share of the cost of any 
activity carried out with a grant under this section shall not 
exceed 75 percent of the total cost of the activity.
  (c) Period of Availability; Reapportionment.--
          (1) Period of availability.--Amounts made available 
        and apportioned for grants under this section shall 
        remain available only for the fiscal year for which the 
        amounts are apportioned.
          (2) Reapportionment.--At the end of the period of 
        availability under paragraph (1), the Secretary of the 
        Interior shall apportion amounts made available that 
        have not been used to make grants under this section 
        among the States described in subsection (a)(1)(B) for 
        use by those States in accordance with this Act.

SEC. 11. MULTISTATE CONSERVATION GRANT PROGRAM.

  (a) In General.--
          (1) Amount for grants.--[Not more than]
                  (A) In general._Not more than  $3,000,000 of 
                the revenues covered into the fund for a fiscal 
                year shall be available to the Secretary of the 
                Interior for making multistate conservation 
                project grants in accordance with this section.
                  (B) Availability for hunter and recreational 
                shooter grants.--Not more than $5,000,000 of 
                the revenues covered into the fund from any tax 
                imposed under section 4161(b) of the Internal 
                Revenue Code of 1986 for a fiscal year shall be 
                available to the Secretary exclusively for 
                making hunter recruitment and recreational 
                shooter recruitment grants that promote a 
                national hunting and shooting sport recruitment 
                program, including related communication and 
                outreach activities.
          (2) Period of availability; apportionment.--
                  (A) Period of availability.--Amounts made 
                available under paragraph (1) shall remain 
                available for making grants only for the first 
                fiscal year for which the amount is made 
                available and the following fiscal year.
                  (B) Apportionment.--At the end of the period 
                of availability under subparagraph (A), the 
                Secretary of the Interior shall apportion any 
                amounts that remain available among the States 
                in the manner specified in section 4(b) for use 
                by the States in the same manner as funds 
                apportioned under section 4(b).
  (b) Selection of Projects.--
          (1) States or entities to be benefited.--A project 
        shall not be eligible for a grant under this section 
        unless the project will benefit--
                  (A) at least 26 States;
                  (B) a majority of the States in a region of 
                the United States Fish and Wildlife Service; or
                  (C) a regional association of State fish and 
                game departments.
          (2) Use of submitted priority list of projects.--The 
        Secretary of the Interior may make grants under this 
        section only for projects identified on a priority list 
        of wildlife restoration projects described in paragraph 
        (3).
          (3) Priority list of projects.--A priority list 
        referred to in paragraph (2) is a priority list of 
        wildlife restoration projects that the [International] 
        Association of Fish and Wildlife Agencies--
                  (A) prepares through a committee comprised of 
                the heads of State fish and game departments 
                (or their designees), in consultation with--
                          (i) nongovernmental organizations 
                        that represent conservation 
                        organizations;
                          (ii) sportsmen organizations; and
                          (iii) industries that support or 
                        promote hunting, trapping, recreational 
                        shooting, bow hunting, or archery;
                  (B) approves by vote of a majority of the 
                heads of State fish and game departments (or 
                their designees); and
                  (C) not later than October 1 of each fiscal 
                year, submits to the Assistant Director for 
                Wildlife and Sport Fish Restoration Programs.
          (4) Publication.--The Assistant Director for Wildlife 
        and Sport Fish Restoration Programs shall publish in 
        the Federal Register each priority list submitted under 
        paragraph (3)(C).
  (c) Eligible Grantees.--
          (1) In general.--The Secretary of the Interior may 
        make a grant under this section only to--
                  (A) a State or group of States;
                  (B) the United States Fish and Wildlife 
                Service, or a State or group of States, for the 
                purpose of carrying out the National Survey of 
                Fishing, Hunting, and Wildlife-Associated 
                Recreation; and
                  (C) subject to paragraph (2), a 
                nongovernmental organization.
          (2) Nongovernmental organizations.--
                  (A) In general.--Any nongovernmental 
                organization that applies for a grant under 
                this section shall submit with the application 
                to the [International] Association of Fish and 
                Wildlife Agencies a certification that the 
                organization--
                          (i) will not use the grant funds to 
                        fund, in whole or in part, any activity 
                        of the organization that promotes or 
                        encourages opposition to the regulated 
                        hunting or trapping of wildlife or to 
                        recreational shooting activities; and
                          (ii) will use the grant funds in 
                        compliance with subsection (d).
                  (B) Penalties for certain activities.--Any 
                nongovernmental organization that is found to 
                use grant funds in violation of subparagraph 
                (A) shall return all funds received under this 
                section and be subject to any other applicable 
                penalties under law.
  (d) Use of Grants.--A grant under this section shall not be 
used, in whole or in part, for an activity, project, or program 
that promotes or encourages opposition to the regulated hunting 
or trapping of wildlife or to recreational shooting activities.
  (e) Nonapplicability of Federal Advisory Committee Act.--The 
Federal Advisory Committee Act (5 U.S.C. App.) shall not apply 
to any activity carried out under this section.

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