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[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4647 Introduced in House (IH)]

<DOC>

115th CONGRESS
  1st Session
                                H. R. 4647

    To amend the Pittman-Robertson Wildlife Restoration Act to make 
   supplemental funds available for management of fish and wildlife 
 species of greatest conservation need as determined by State fish and 
               wildlife agencies, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           December 14, 2017

Mr. Fortenberry (for himself and Mrs. Dingell) introduced the following 
     bill; which was referred to the Committee on Natural Resources

_______________________________________________________________________

                                 A BILL

 
    To amend the Pittman-Robertson Wildlife Restoration Act to make 
   supplemental funds available for management of fish and wildlife 
 species of greatest conservation need as determined by State fish and 
               wildlife agencies, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Recovering America's Wildlife Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) A diverse array of species of fish and wildlife is of 
        significant value to the United States for aesthetic, 
        ecological, educational, cultural, recreational, economic, and 
        scientific reasons.
            (2) More than 100 million citizens of the United States 
        participate in outdoor recreation through hunting, fishing, 
        birding, and other wildlife-dependent recreation, all of which 
        have significant value to the citizens who engage in those 
        activities and provide economic benefits to local communities.
            (3) It is in the interest of the United States--
                    (A) to retain for present and future generations 
                the opportunity to hunt, fish, observe, understand, and 
                appreciate a wide variety of fish and wildlife;
                    (B) to recover species of fish and wildlife listed 
                as threatened species or endangered species under the 
                Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) 
                and to prevent fish and wildlife species from declining 
                to the point of requiring Federal protection under such 
                Act; and
                    (C) to support collaborative and proactive 
                conservation that will sustain the diverse fish and 
                wildlife populations of the United States.
            (4) The first nongovernmental conservation organizations to 
        instill fish and wildlife conservation values in hunters, 
        anglers, bird watchers, and all citizens were founded during 
        the 1880s to 1890s at the behest of hunters and anglers, 
        including Theodore Roosevelt and naturalist George Bird 
        Grinnell, who were alarmed that game and sportfish could not 
        sustain unregulated harvest and that avifauna needed protection 
        from commercial take.
            (5) At the turn of the 20th century, the States--
                    (A) realized the need to regulate the harvest of 
                game and sportfish for sustainable use;
                    (B) required hunters and anglers to obtain licenses 
                and established regulations for game seasons, bag and 
                creel limits, and legal means of take for game and 
                sportfish; and
                    (C) used the funds received for such licenses 
                largely for enforcement of such regulations.
            (6) In 1937, an alliance between hunters and conservation 
        organizations, States, the Federal Government, and the shooting 
        sports industry convinced Congress to transfer to the States 
        receipts from an existing Federal excise tax on sporting arms 
        and ammunition, matched by State hunting license dollars, for 
        the management of wildlife and conservation of habitat under 
        the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669 
        et seq.), which greatly enhanced the States' ability to move 
        from primarily enforcing game seasons and bag limits to 
        science-based research and management of wildlife.
            (7) In 1951, an alliance between anglers and conservation 
        organizations, States, the Federal Government, and the 
        sportfishing industry convinced Congress to impose a Federal 
        excise tax on fishing equipment under the Dingell-Johnson 
        Sportfish Restoration Act (16 U.S.C. 777 et seq.) and to 
        transfer to the States such receipts, matched by State fishing 
        license revenues, to manage sportfish and conserve aquatic 
        habitats, enhancing the State fish and wildlife agency's 
        ability to use science-based research and management of fish 
        species.
            (8) Such user-pay, public-benefits means of funding fish 
        and wildlife conservation is unique in the world, having been 
        started in the United States by sportsmen and sportswomen who 
        were willing to pay these fees to ensure dedicated funds went 
        to fish and wildlife conservation delivered by the States.
            (9) Such user-pay funds (licenses and excise taxes)--
                    (A) have benefitted not only hunters and anglers, 
                but all citizens of the United States by providing 
                abundant fish and wildlife (including both game and 
                nongame species), clean water, outdoor recreation, 
                healthy activities, and quality of life; and
                    (B) provide, and will continue to provide, a 
                majority of the funds that are available to State fish 
                and wildlife agencies for science-based research and 
                management of fish and wildlife.
            (10) State fish and wildlife agencies are responsible for 
        the conservation and management of all fish and wildlife in the 
        State, but are grossly underfunded because there are few funds 
        available at the State level for fish and wildlife 
        conservation, except those driven by hunting and fishing 
        license revenues and Federal excise tax revenues.
            (11) Congress created a subaccount known as the Wildlife 
        Conservation and Restoration Subaccount under section 3(a)(2) 
        of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 
        669b(a)(2)) to support the full array of fish and wildlife 
        conservation needs identified by State fish and wildlife 
        agencies, including for species that are not hunted or fished, 
        but only authorized appropriations for the Subaccount for one 
        year.
            (12) While appropriated funds have been made available 
        through the State and Tribal Wildlife Grants program of the 
        United States Fish and Wildlife Service, the lack of assured 
        and sufficient dedicated funding for the Wildlife Conservation 
        and Restoration Subaccount has left unrealized the goals of the 
        Subaccount, thereby allowing fish and wildlife populations to 
        continue to decline across the United States and resulting in 
        hundreds of species being listed as threatened species or 
        endangered species under the Endangered Species Act of 1973 (16 
        U.S.C. 1531 et seq.).
            (13) Under the Pittman-Robertson Wildlife Restoration Act 
        (16 U.S.C. 669 et seq.), each State and territory is required 
        to seek public input and produce a comprehensive fish and 
        wildlife conservation strategy, otherwise known as a State 
        Wildlife Action Plan, to guide the State-led conservation of 
        the full array of fish, wildlife, and their habitats.
            (14) Providing assured and sufficient dedicated funding to 
        the Wildlife Conservation and Restoration Subaccount will 
        advance the national interest by assuring sustainable 
        populations of fish and wildlife species are available for the 
        use and enjoyment of citizens of the United States through 
        implementing the comprehensive fish and wildlife conservation 
        strategy of each State and territory.
            (15) As funds become available for the purposes of this 
        Act, sportsmen and sportswomen expect States to secure the 
        needed non-Federal match from sources other than revenue 
        generated by sportsmen and sportswomen through the sale of 
        State hunting and fishing licenses (except when projects or 
        programs benefit habitat for species that are hunted or fished 
        and other associated wildlife).

SEC. 3. WILDLIFE CONSERVATION AND RESTORATION SUBACCOUNT.

    (a) In General.--Section 3 of the Pittman-Robertson Wildlife 
Restoration Act (16 U.S.C. 669b) is amended--
            (1) in subsection (a)--
                    (A) by striking ``(1) An amount equal to'' and 
                inserting ``An amount equal to''; and
                    (B) by striking paragraph (2); and
            (2) in subsection (c)--
                    (A) by striking ``(c)(1) Amounts transferred to the 
                Wildlife Conservation and Restoration Account'' and 
                inserting the following:
    ``(c) Wildlife Conservation and Restoration Subaccount.--
            ``(1) Establishment of subaccount.--
                    ``(A) In general.--There is established in the 
                Federal Aid to Wildlife Restoration Fund a subaccount 
                to be known as the `Wildlife Conservation and 
                Restoration Subaccount' (referred to in this subsection 
                as the `Subaccount').
                    ``(B) Availability.--Amounts in the Subaccount 
                shall be available without further appropriation, for 
                each fiscal year, for apportionment in accordance with 
                this Act.
                    ``(C) Deposits into subaccount.--Beginning in 
                fiscal year 2018, the Secretary of the Treasury shall 
                transfer to the fund for deposit in the Subaccount the 
                following:
                            ``(i) Outer continental shelf revenues.--
                        From amounts deposited in the Treasury under 
                        section 9 of the Outer Continental Shelf Lands 
                        Act (43 U.S.C. 1338), $650,000,000.
                            ``(ii) Mining revenues.--From amounts 
                        deposited in the Treasury under section 35 of 
                        the Mineral Leasing Act (30 U.S.C. 191), after 
                        the withdrawal of funds to the States under 
                        subsection (a) of that section, $650,000,000.
            ``(2) Supplement not supplant.--Amounts transferred to the 
        Wildlife Conservation and Restoration Subaccount'';
                    (B) in paragraph (2), as added by subparagraph 
                (A)--
                            (i) by striking ``wildlife restoration 
                        account and'' and inserting ``wildlife 
                        restoration account.''; and
                            (ii) by striking ``shall be used for the 
                        development,'' and all that follows through 
                        ``existing programs and projects.'' and 
                        inserting the following:
            ``(3) Use of funds.--Funds appropriated from the 
        Subaccount--
                    ``(A) shall be used to carry out, revise, or 
                enhance existing wildlife conservation and restoration 
                programs and to develop and implement new wildlife 
                conservation and restoration programs to manage 
                wildlife species of greatest conservation need, 
                including species that are not hunted or fished, and 
                their habitats as determined by the appropriate State 
                fish and wildlife department;
                    ``(B) shall be used to develop, revise and 
                implement a wildlife conservation strategy of the State 
                as may be required by this Act;
                    ``(C) shall be used for wildlife conservation 
                education and wildlife-associated recreation projects;
                    ``(D) may be used to assist in the recovery of a 
                species listed as an endangered species or threatened 
                species under the Endangered Species Act of 1973 (16 
                U.S.C. 1531 et seq.);
                    ``(E) may be used to manage a species of greatest 
                conservation need whose range is shared with a foreign 
                government and the habitat of such species;
                    ``(F) may be used to manage, control, and prevent 
                invasive and nuisance species and other risks to 
                species of greatest conservation need; and
                    ``(G) may be used for law enforcement activities 
                that are directly related to the protection and 
                conservation of a species of greatest conservation need 
                and the habitat of such species.'';
                    (C) by adding at the end the following:
            ``(4) Public access not required.--Funds apportioned from 
        the Wildlife Conservation and Restoration Subaccount shall not 
        be conditioned upon the provision of public access to private 
        lands, waters, or holdings.
            ``(5) Requirements for matching funds.--
                    ``(A) In general.--For the purposes of the non-
                Federal fund matching requirement for a wildlife 
                conservation or restoration program or project funded 
                by the Wildlife Conservation Restoration Subaccount, a 
                State--
                            ``(i) may use as matching non-Federal 
                        funds--
                                    ``(I) funds from Federal agencies 
                                other than the Department of the 
                                Interior and the Department of 
                                Agriculture; and
                                    ``(II) donated private lands and 
                                waters, including privately-owned 
                                easements; and
                            ``(ii) may not use as matching non-Federal 
                        funds--
                                    ``(I) revenue from the sale of 
                                State hunting and fishing licenses, 
                                except if all available Federal funds 
                                apportioned to a State fish and 
                                wildlife agency from the Wildlife 
                                Restoration Program or the Sport Fish 
                                Restoration Program have been obligated 
                                by the State, then revenue generated 
                                through the sale of State hunting and 
                                fishing licenses may be used as non-
                                Federal match for projects and programs 
                                that benefit the habitat of species 
                                that are hunted or fished and other 
                                species that have greatest conservation 
                                need.
            ``(6) Definitions.--For the purposes of this subsection--
                    ``(A) Wildlife.--The term `wildlife' means any 
                species of wild, freeranging fauna, including fish, and 
                also fauna in captive breeding programs the object of 
                which is to reintroduce individuals of a depleted 
                indigenous species into previously occupied range.'';
                    (D) by redesignating paragraphs (2) and (3) as 
                paragraphs (7) and (8), respectively; and
                    (E) in paragraph (2), as redesignated by 
                subparagraph (D), by striking ``or an Indian tribe''.
    (b) Allocation and Apportionment of Available Amounts.--Section 4 
of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669c) is 
amended--
            (1) in subsection (c)(2)(A)--
                    (A) in clause (i), by striking ``one-third'' and 
                inserting ``one-half''; and
                    (B) in clause (ii), by striking ``two-thirds'' and 
                inserting ``one-half''; and
            (2) by adding at the end following:
    ``(e) Minimization of Planning and Reporting.--Nothing in this Act 
shall be interpreted to require a State to create a comprehensive 
strategy related to conservation education or outdoor recreation.''.

SEC. 4. CLARIFYING AMENDMENTS.

    (a) Definitions.--Section 2 of the Pittman-Robertson Wildlife 
Restoration Act (16 U.S.C. 669a) is amended--
            (1) by striking paragraph (4);
            (2) by redesignating paragraphs (5) through (8) as 
        paragraphs (4) through (7), respectively; and
            (3) in paragraph (5), as so redesignated by paragraph (2), 
        by inserting ``Indian Tribes, academic institutions,'' before 
        ``wildlife conservation organizations''.
    (b) Conforming Amendments.--The Pittman-Robertson Wildlife 
Restoration Act (16 U.S.C. 669a et seq.) is amended--
            (1) in section 3 (16 U.S.C. 669b)--
                    (A) in subsection (c)(3), by striking ``Account'' 
                and inserting ``Subaccount''; and
                    (B) in subsection (d), by striking ``Account'' and 
                inserting ``Subaccount'';
            (2) in section 4 (16 U.S.C. 669c)--
                    (A) in subsection (c)--
                            (i) in the subsection heading, by striking 
                        ``Account'' and inserting ``Subaccount'';
                            (ii) in the matter preceding subparagraph 
                        (A), by striking ``Account'' and inserting 
                        ``Subaccount'';
                            (iii) in the matter preceding paragraph 
                        (2)(A)(i), by striking ``Account'' and 
                        inserting ``Subaccount''; and
                            (iv) in paragraph (3), by striking 
                        ``Account'' and inserting ``Subaccount''; and
                    (B) in subsection (d)(1), by striking ``Account'' 
                and inserting ``Subaccount''; and
            (3) in section 8 (16 U.S.C. 669g), in subsection (a), by 
        striking ``Account'' and inserting ``Subaccount''.
    (c) Technical Amendments.--Section 4 of the Pittman-Robertson 
Wildlife Restoration Act (16 U.S.C. 669c) is amended--
            (1) in the second subsection (c), by striking ``(c)'' and 
        inserting ``(d)''; and
            (2) by redesignating subsection (d) as subsection (e).

SEC. 5. SAVINGS CLAUSE.

    The Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669 et 
seq.) is amended--
            (1) by redesignating section 13 as section 14; and
            (2) by inserting after section 12 the following:

``SEC. 13. SAVINGS CLAUSE.

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

``SEC. 14. STATUTORY CONSTRUCTION WITH RESPECT TO ALASKA.

    ``(a) In General.--Nothing in this Act shall be construed to 
affect--
            ``(1) the provisions for subsistence uses in Alaska set 
        forth in the Alaska National Interest Lands Conservation Act 
        (16 U.S.C. 3101 et seq.), including the such provisions in 
        titles III and VIII of that Act;
            ``(2) the provisions of section 102 of the Alaska National 
        Interest Lands Conservation Act (16 U.S.C. 3101 et seq.), the 
        jurisdiction over subsistence uses in Alaska, or any assertion 
        of subsistence uses in Alaska in the Federal courts; or
            ``(3) the manner in which section 810 of the Alaska 
        National Interest Lands Conservation Act (16 U.S.C. 3120) is 
        implemented on Federal lands and waters in Alaska.
    ``(b) Conflicts of Laws.--If any conflict arises between any 
provision of this Act and any provision of the Alaska National Interest 
Lands Conservation Act (16 U.S.C. 3101 et seq.), then the provision in 
the Alaska National Interest Lands Conservation Act shall prevail.''.
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