II 

Calendar No. 354 

117TH CONGRESS 

2D SESSION S. 2372 

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 SENATE OF THE UNITED STATES 

JULY 15, 2021 

Mr. HEINRICH (for himself, Mr. BLUNT, Mr. TILLIS, Mr. BOOZMAN, Mr. 

KING, Mr. GRAHAM, Mr. BURR, Mr. MORAN, Mr. PORTMAN, Ms. 

DUCKWORTH, Mr. RUBIO, Mr. CASEY, Mr. WHITEHOUSE, Mr. LUJA ́N, 

Ms. ROSEN, Mr. PADILLA, Mr. MARSHALL, Ms. STABENOW, Ms. SINEMA, 

Mr. WICKER, Mr. CRAMER, Mr. SCHATZ, Mr. KELLY, Mr. TUBERVILLE, 

Mr. COONS, Ms. COLLINS, Ms. KLOBUCHAR, Mr. TESTER, Mrs. FISCHER, 

Mrs. HYDE-SMITH, Mr. HICKENLOOPER, Mr. HAGERTY, and Mr. 

OSSOFF) introduced the following bill; which was read twice and referred 

to the Committee on Environment and Public Works 

APRIL 27, 2022 

Reported by Mr. CARPER, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

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. 


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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Recovering America’s 

5 Wildlife Act of 2021’’. 

6 TITLE I—WILDLIFE CONSERVA7 TION AND RESTORATION 

8 SEC. 101. WILDLIFE CONSERVATION AND RESTORATION 

9 SUBACCOUNT. 

10 (a) IN GENERAL.—Section 3 of the Pittman-Robert11 son Wildlife Restoration Act (16 U.S.C. 669b) is amended 

12 in subsection (c)— 

13 (1) by redesignating paragraphs (2) and (3) as 

14 paragraphs (9) and (10); and 

15 (2) by striking paragraph (1) and inserting the 

16 following: 

17 ‘‘(1) ESTABLISHMENT OF SUBACCOUNT.— 

18 ‘‘(A) IN GENERAL.—There is established in 

19 the fund a subaccount to be known as the 

20 ‘Wildlife Conservation and Restoration Sub21 account’ (referred to in this section as the ‘Sub22 account’). 

23 ‘‘(B) AVAILABILITY.—Amounts in the Sub24 account shall be available without further apVerDate Sep 11 2014 02:55 Apr 28, 2022 Jkt 029200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6401 E:\BILLS\S2372.RS S2372

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1 propriation, for each fiscal year, for apportion2 ment in accordance with this Act. 

3 ‘‘(C) DEPOSITS INTO SUBACCOUNT.— 

4 ‘‘(i) IN GENERAL.—Beginning in fis5 cal year 2022, and for each fiscal year 

6 thereafter, the Secretary of the Treasury 

7 shall transfer $1,300,000,000 from the 

8 general fund of the Treasury to the Sub9 account. 

10 ‘‘(ii) FUNDING SOURCE.— 

11 ‘‘(I) DEFINITION.—In this 

12 clause, the term ‘remaining natural 

13 resource or environmental-related vio14 lation revenue’ means the amount of 

15 all civil or criminal penalties, fines, 

16 sanctions, forfeitures, or other reve17 nues resulting from natural resource 

18 or environmental-related violations or 

19 enforcement actions by any Federal 

20 agency that are not directed to be de21 posited in a fund other than the gen22 eral fund of the Treasury or have oth23 erwise been appropriated. 

24 ‘‘(II) USE OF REVENUE.—Begin25 ning in fiscal year 2022, and for each 


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1 fiscal year thereafter, the total 

2 amount of the remaining natural re3 source or environmental-related viola4 tion revenue with respect to the pre5 vious fiscal year— 

6 ‘‘(aa) shall be deposited in 

7 the general fund of the Treasury; 

8 and 

9 ‘‘(bb) shall be available for 

10 the purposes of the transfer 

11 under clause (i). 

12 ‘‘(2) SUPPLEMENT NOT SUPPLANT.—Amounts 

13 transferred to the Subaccount shall supplement, but 

14 not replace, existing funds available to the States 

15 from— 

16 ‘‘(A) the funds distributed pursuant to the 

17 Dingell-Johnson Sport Fish Restoration Act 

18 (16 U.S.C. 777 et seq.); and 

19 ‘‘(B) the fund. 

20 ‘‘(3) INNOVATION GRANTS.— 

21 ‘‘(A) IN GENERAL.—The Secretary shall 

22 distribute 10 percent of funds apportioned from 

23 the Subaccount through a competitive grant 

24 program to State fish and wildlife departments, 

25 the District of Columbia fish and wildlife deVerDate Sep 11 2014 02:55 Apr 28, 2022 Jkt 029200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6401 E:\BILLS\S2372.RS S2372

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1 partment, fish and wildlife departments of terri2 tories, or to regional associations of fish and 

3 wildlife departments (or any group composed of 

4 more than 1 such entity). 

5 ‘‘(B) PURPOSE.—Such grants shall be pro6 vided for the purpose of catalyzing innovation 

7 of techniques, tools, strategies, or collaborative 

8 partnerships that accelerate, expand, or rep9 licate effective and measurable recovery efforts 

10 for species of greatest conservation need and 

11 species listed under the Endangered Species Act 

12 of 1973 (15 U.S.C. 1531 et seq.) and the habi13 tats of such species. 

14 ‘‘(C) REVIEW COMMITTEE.—The Secretary 

15 shall appoint a review committee comprised 

16 of— 

17 ‘‘(i) a State Director from each re18 gional association of State fish and wildlife 

19 departments; 

20 ‘‘(ii) the head of a department respon21 sible for fish and wildlife management in a 

22 territory; and 

23 ‘‘(iii) four individuals representing 

24 four different nonprofit organizations each 

25 of which is actively participating in carVerDate Sep 11 2014 02:55 Apr 28, 2022 Jkt 029200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6401 E:\BILLS\S2372.RS S2372

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1 rying out wildlife conservation restoration 

2 activities using funds apportioned from the 

3 Subaccount. 

4 ‘‘(D) SUPPORT FROM UNITED STATES FISH

5 AND WILDLIFE SERVICE.—The United States 

6 Fish and Wildlife Service shall provide any per7 sonnel or administrative support services nec8 essary for such Committee to carry out its re9 sponsibilities under this Act. 

10 ‘‘(E) EVALUATION.—Such committee shall 

11 evaluate each proposal submitted under this 

12 paragraph and recommend projects for funding, 

13 giving preference to solutions that accelerate 

14 the recovery of species identified as priorities 

15 through regional scientific assessments of spe16 cies of greatest conservation need. 

17 ‘‘(4) USE OF FUNDS.—Funds apportioned from 

18 the Subaccount— 

19 ‘‘(A) shall be used to implement the Wild20 life Conservation Strategy of a State, territory, 

21 or the District of Columbia, as required under 

22 section 4(d), by carrying out, revising, or en23 hancing existing wildlife and habitat conserva24 tion and restoration programs and developing 

25 and implementing new wildlife conservation and 


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1 restoration programs to recover and manage 

2 species of greatest conservation need and the 

3 key habitats and plant community types essen4 tial to the conservation of those species as de5 termined by the appropriate State fish and 

6 wildlife department; 

7 ‘‘(B) shall be used to develop, revise, and 

8 enhance the Wildlife Conservation Strategy of a 

9 State, territory, or the District of Columbia, as 

10 may be required by this Act; 

11 ‘‘(C) shall be used to assist in the recovery 

12 of species found in the State, territory, or the 

13 District of Columbia that are listed as endan14 gered species, threatened species, candidate spe15 cies or species proposed for listing, or species 

16 petitioned for listing under the Endangered 

17 Species Act of 1973 (16 U.S.C. 1531 et seq.) 

18 or under State law; 

19 ‘‘(D) may be used for wildlife conservation 

20 education and wildlife-associated recreation 

21 projects, especially in historically underserved 

22 communities; 

23 ‘‘(E) may be used to manage a species of 

24 greatest conservation need whose range is 

25 shared with another State, territory, Indian 


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1 Tribe, or foreign government and for the con2 servation of the habitat of such species; 

3 ‘‘(F) may be used to manage, control, and 

4 prevent invasive species, disease, and other 

5 risks to species of greatest conservation need; 

6 and 

7 ‘‘(G) may be used for law enforcement ac8 tivities that are directly related to the protec9 tion and conservation of a species of greatest 

10 conservation need and the habitat of such spe11 cies. 

12 ‘‘(5) MINIMUM REQUIRED SPENDING FOR EN13 DANGERED SPECIES RECOVERY.—Not less than an 

14 average of 15 percent over a 5-year period of 

15 amounts apportioned to a State, territory, or the 

16 District of Columbia from the Subaccount shall be 

17 used for purposes described in paragraph (4)(C). 

18 The Secretary may reduce the minimum requirement 

19 of a State, territory, or the District of Columbia on 

20 an annual basis if the Secretary determines that the 

21 State, territory, or the District of Columbia is meet22 ing the conservation and recovery needs of all spe23 cies described in paragraph (4)(C). 

24 ‘‘(6) PUBLIC ACCESS TO PRIVATE LANDS NOT

25 REQUIRED.—Funds apportioned from the SubVerDate Sep 11 2014 02:55 Apr 28, 2022 Jkt 029200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6401 E:\BILLS\S2372.RS S2372

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1 account shall not be conditioned upon the provision 

2 of public access to private lands, waters, or holdings. 

3 ‘‘(7) REQUIREMENTS FOR MATCHING FUNDS.— 

4 ‘‘(A) For the purposes of the non-Federal 

5 fund matching requirement for a wildlife con6 servation or restoration program or project 

7 funded by the Subaccount, a State, territory, or 

8 the District of Columbia may use as matching 

9 non-Federal funds— 

10 ‘‘(i) funds from Federal agencies 

11 other than the Department of the Interior 

12 and the Department of Agriculture; 

13 ‘‘(ii) donated private lands and 

14 waters, including privately owned ease15 ments; 

16 ‘‘(iii) in circumstances described in 

17 subparagraph (B), revenue generated 

18 through the sale of State hunting and fish19 ing licenses; and 

20 ‘‘(iv) other sources consistent with 

21 part 80 of title 50, Code of Federal Regu22 lations, in effect on the date of enactment 

23 of the Recovering America’s Wildlife Act of 

24 2021. 


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1 ‘‘(B) Revenue described in subparagraph 

2 (A)(iii) may only be used to fulfill the require3 ments of such non-Federal fund matching re4 quirement if— 

5 ‘‘(i) no Federal funds apportioned to 

6 the State fish and wildlife department of 

7 such State from the Wildlife Restoration 

8 Program or the Sport Fish Restoration 

9 Program have been reverted because of a 

10 failure to fulfill such non-Federal fund 

11 matching requirement by such State dur12 ing the previous 2 years; and 

13 ‘‘(ii) the project or program being 

14 funded benefits the habitat of a hunted or 

15 fished species and a species of greatest 

16 conservation need. 

17 ‘‘(8) DEFINITIONS.—In this subsection, the fol18 lowing definitions apply: 

19 ‘‘(A) PARTNERSHIPS.—The term ‘partner20 ships’ may include collaborative efforts with 

21 Federal agencies, State agencies, local agencies, 

22 Indian Tribes, nonprofit organizations, aca23 demic institutions, industry groups, and private 

24 individuals to implement a State’s Wildlife Con25 servation Strategy. 


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1 ‘‘(B) SPECIES OF GREATEST CONSERVA2 TION NEED.—The term ‘species of greatest con3 servation need’ may be fauna or flora, and may 

4 include terrestrial, aquatic, marine, and inverte5 brate species that are of low population, declin6 ing, rare, or facing threats and in need of con7 servation attention, as determined by each 

8 State fish and wildlife department, with respect 

9 to funds apportioned to such State. 

10 ‘‘(C) TERRITORY AND TERRITORIES.—The 

11 terms ‘territory’ and ‘territories’ mean the 

12 Commonwealth of Puerto Rico, Guam, Amer13 ican Samoa, the Commonwealth of the North14 ern Mariana Islands, and the United States 

15 Virgin Islands. 

16 ‘‘(D) WILDLIFE.—The term ‘wildlife’ 

17 means any species of wild, freeranging fauna, 

18 including fish, and also fauna in captive breed19 ing programs the object of which is to reintro20 duce individuals of a depleted indigenous spe21 cies into previously occupied range.’’. 

22 (b) ALLOCATION AND APPORTIONMENT OF AVAIL23 ABLE AMOUNTS.—Section 4 of the Pittman-Robertson 

24 Wildlife Restoration Act (16 U.S.C. 669c) is amended— 

25 (1) in subsection (d)— 


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1 (A) in paragraph (1)— 

2 (i) in subparagraph (A), by striking 

3 ‘‘to the District of Columbia and to the 

4 Commonwealth of Puerto Rico, each’’ and 

5 inserting ‘‘To the District of Columbia’’; 

6 (ii) in subparagraph (B)— 

7 (I) by striking ‘‘to Guam’’ and 

8 inserting ‘‘To Guam’’; and 

9 (II) by striking ‘‘not more than 

10 one-fourth of one percent’’ and insert11 ing ‘‘not less than one-third of one 

12 percent’’; and 

13 (iii) by adding at the end the fol14 lowing: 

15 ‘‘(C) To the Commonwealth of Puerto 

16 Rico, a sum equal to not less than 1 percent 

17 thereof.’’; 

18 (B) in paragraph (2)(A)— 

19 (i) by amending clause (i) to read as 

20 follows: 

21 ‘‘(i) one-half of which is based on the ratio 

22 to which the land and water area of such State 

23 bears to the total land and water area of all 

24 such States;’’; 

25 (ii) in clause (ii)— 


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1 (I) by striking ‘‘two-thirds’’ and 

2 inserting ‘‘one-quarter’’; and 

3 (II) by striking the period and 

4 inserting ‘‘; and’’; and 

5 (iii) by adding at the end the fol6 lowing: 

7 ‘‘(iii) one-quarter of which is based upon 

8 the ratio to which the number of species listed 

9 as endangered or threatened under the Endan10 gered Species Act of 1973 (15 U.S.C. 1531 et 

11 seq.) in such State bears to the total number of 

12 such species listed in all such States.’’; 

13 (C) by amending paragraph (2)(B) to read 

14 as follows: 

15 ‘‘(B) The amounts apportioned under this 

16 paragraph shall be adjusted equitably so that 

17 no such State, unless otherwise designated, 

18 shall be apportioned a sum which is less than 

19 1 percent or more than 5 percent of the amount 

20 available for apportionment under— 

21 ‘‘(i) subparagraph (A)(i); 

22 ‘‘(ii) subparagraph (A)(ii); and 

23 ‘‘(iii) the overall amount available for 

24 subparagraph (A).’’; and 


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1 (D) in paragraph (3), by striking ‘‘3 per2 cent’’ and inserting ‘‘1.85 percent’’; 

3 (2) in subsection (e)(4), as redesignated— 

4 (A) by amending subparagraph (B) to read 

5 as follows: 

6 ‘‘(B) Not more than an average of 15 percent 

7 over a 5-year period of amounts apportioned to each 

8 State, territory, or the District of Columbia under 

9 this section for a wildlife conservation and restora10 tion program may be used for wildlife conservation 

11 education and wildlife-associated recreation.’’; and 

12 (B) by inserting after subparagraph (B), 

13 as so amended, the following: 

14 ‘‘(C) $55 million shall be reserved for 

15 States and territories that include plants among 

16 their species of greatest conservation need and 

17 in the conservation planning and habitat 

18 prioritization efforts of their Wildlife Conserva19 tion Strategy. Each eligible State, territory, or 

20 the District of Columbia shall receive an addi21 tional 5 percent of their apportioned amount. 

22 Any unallocated resources shall be allocated 

23 proportionally among all States and territories 

24 under the formulas of this section.’’; and 

25 (3) by adding at the end following: 


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1 ‘‘(f) MINIMIZATION OF PLANNING AND REPORT2 ING.—Nothing in this Act shall be interpreted to require 

3 a State to create a comprehensive strategy related to con4 servation education or outdoor recreation. 

5 ‘‘(g) ACCOUNTABILITY.—Not more than one year 

6 after the date of enactment of the Recovering America’s 

7 Wildlife Act of 2021 and every 3 years thereafter, each 

8 State fish and wildlife department shall submit a 3-year 

9 work plan and budget for implementing its Wildlife Con10 servation Strategy and a report describing the results de11 rived from activities accomplished under subsection (c)(4) 

12 during the previous 3 years to— 

13 ‘‘(1) the Committee on Environment and Public 

14 Works of the Senate; 

15 ‘‘(2) the Committee on Natural Resources of 

16 the House of Representatives; and 

17 ‘‘(3) the United States Fish and Wildlife Serv18 ice.’’. 

19 SEC. 102. TECHNICAL AMENDMENTS. 

20 (a) DEFINITIONS.—Section 2 of the Pittman-Robert21 son Wildlife Restoration Act (16 U.S.C. 669a) is amend22 ed— 

23 (1) in paragraph (7), by striking ‘‘including 

24 fish,’’; 


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1 (2) by redesignating paragraphs (6) through 

2 (9) as paragraphs (5) through (8), respectively; and 

3 (3) in paragraph (6), as redesignated by para4 graph (2), by inserting ‘‘Indian Tribes, academic in5 stitutions,’’ before ‘‘wildlife conservation organiza6 tions’’. 

7 (b) CONFORMING AMENDMENTS.—The Pittman-Rob8 ertson Wildlife Restoration Act (16 U.S.C. 669a et seq.) 

9 is amended— 

10 (1) in section 3— 

11 (A) in subsection (a)— 

12 (i) by striking ‘‘(1) An amount equal 

13 to’’ and inserting ‘‘An amount equal to’’; 

14 and 

15 (ii) by striking paragraph (2); 

16 (B) in subsection (c)— 

17 (i) in paragraph (9), as redesignated 

18 by section 101(a)(1), by striking ‘‘or an 

19 Indian tribe’’; and 

20 (ii) in paragraph (10), as redesignated 

21 by section 101(a)(1), by striking ‘‘Wildlife 

22 Conservation and Restoration Account’’ 

23 and inserting ‘‘Subaccount’’; and 


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1 (C) in subsection (d), by striking ‘‘Wildlife 

2 Conservation and Restoration Account’’ and in3 serting ‘‘Subaccount’’; 

4 (2) in section 4 (16 U.S.C. 669c)— 

5 (A) in subsection (d), as redesignated— 

6 (i) in the heading, by striking ‘‘AC7 COUNT’’ and inserting ‘‘SUBACCOUNT’’; 

8 and 

9 (ii) by striking ‘‘Account’’ each place 

10 it appears and inserting ‘‘Subaccount’’; 

11 and 

12 (B) in subsection (e)(1), as redesignated, 

13 by striking ‘‘Account’’ and inserting ‘‘Sub14 account’’; and 

15 (3) in section 8 (16 U.S.C. 669g), in subsection 

16 (a), by striking ‘‘Account’’ and inserting ‘‘Sub17 account’’. 

18 SEC. 103. SAVINGS CLAUSE. 

19 The Pittman-Robertson Wildlife Restoration Act (16 

20 U.S.C. 669 et seq.) is amended— 

21 (1) by redesignating section 13 as section 15; 

22 and 

23 (2) by inserting after section 12 the following: 


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1 ‘‘SEC. 13. SAVINGS CLAUSE. 

2 ‘‘Nothing in this Act shall be construed to enlarge 

3 or diminish the authority, jurisdiction, or responsibility of 

4 a State to manage, control, or regulate fish and wildlife 

5 under the law and regulations of the State on lands and 

6 waters within the State, including on Federal lands and 

7 waters. 

8 ‘‘SEC. 14. STATUTORY CONSTRUCTION WITH RESPECT TO 

9 ALASKA. 

10 ‘‘If any conflict arises between any provision of this 

11 Act and any provision of the Alaska National Interest 

12 Lands Conservation Act (Public Law 46–487, 16 U.S.C. 

13 3101 et seq.), then the provision in the Alaska National 

14 Interest Lands Conservation Act shall prevail.’’. 

15 TITLE II—TRIBAL WILDLIFE 

16 CONSERVATION AND RES17 TORATION 

18 SEC. 201. INDIAN TRIBES. 

19 (a) DEFINITIONS.—In this section: 

20 (1) ACCOUNT.—The term ‘‘Account’’ means the 

21 Tribal Wildlife Conservation and Restoration Ac22 count established by subsection (b)(1). 

23 (2) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 

24 has the meaning given such term in section 4 of the 

25 Indian Self-Determination and Education Assistance 

26 Act (25 U.S.C. 5304). 


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1 (3) SECRETARY.—The term ‘‘Secretary’’ means 

2 the Secretary of the Interior. 

3 (4) TRIBAL SPECIES OF GREATEST CONSERVA4 TION NEED.—The term ‘‘Tribal species of greatest 

5 conservation need’’ means any species identified by 

6 an Indian Tribe as requiring conservation manage7 ment because of declining population, habitat loss, 

8 or other threats, or because of their biological or cul9 tural importance to such Tribe. 

10 (5) WILDLIFE.—The term ‘‘wildlife’’ means— 

11 (A) any species of wild flora or fauna in12 cluding fish and marine mammals; 

13 (B) flora or fauna in a captive breeding, 

14 rehabilitation, and holding or quarantine pro15 gram, the object of which is to reintroduce indi16 viduals of a depleted indigenous species into 

17 previously occupied range or to maintain a spe18 cies for conservation purposes; and 

19 (C) does not include game farm animals. 

20 (b) TRIBAL WILDLIFE CONSERVATION AND RES21 TORATION ACCOUNT.— 

22 (1) IN GENERAL.—There is established in the 

23 Treasury an account to be known as the ‘‘Tribal 

24 Wildlife Conservation and Restoration Account’’. 


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1 (2) AVAILABILITY.—Amounts in the Account 

2 shall be available for each fiscal year without further 

3 appropriation for apportionment in accordance with 

4 this title. 

5 (3) DEPOSITS INTO ACCOUNT.— 

6 (A) IN GENERAL.—Beginning in fiscal year 

7 2022, and for each fiscal year thereafter, the 

8 Secretary of the Treasury shall transfer 

9 $97,500,000 from the general fund of the 

10 Treasury to the Account. 

11 (B) FUNDING SOURCE.— 

12 (i) DEFINITION.—In this subpara13 graph, the term ‘‘remaining natural re14 source or environmental-related violation 

15 revenue’’ means the amount of all civil or 

16 criminal penalties, fines, sanctions, forfeit17 ures, or other revenues resulting from nat18 ural resource or environmental-related vio19 lations or enforcement actions by any Fed20 eral agency that are not directed to be de21 posited in a fund other than the general 

22 fund of the Treasury or have otherwise 

23 been appropriated. 

24 (ii) USE OF REVENUE.—Beginning in 

25 fiscal year 2022, and for each fiscal year 


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1 thereafter, the total amount of the remain2 ing natural resource or environmental-re3 lated violation revenue with respect to the 

4 previous fiscal year— 

5 (I) shall be deposited in the gen6 eral fund of the Treasury; and 

7 (II) shall be available for the 

8 purposes of the transfer under sub9 paragraph (A). 

10 (c) DISTRIBUTION OF FUNDS TO INDIAN TRIBES.— 

11 Each fiscal year, the Secretary of the Treasury shall de12 posit funds into the Account and distribute such funds 

13 through a noncompetitive application process according to 

14 guidelines and criteria, and reporting requirements deter15 mined by the Secretary of the Interior, acting through the 

16 Director of the Bureau of Indian Affairs, in consultation 

17 with Indian Tribes. Such funds shall remain available 

18 until expended. 

19 (d) WILDLIFE MANAGEMENT RESPONSIBILITIES.— 

20 The distribution guidelines and criteria described in sub21 section (c) shall be based, in part, upon Indian Tribes’ 

22 wildlife management responsibilities. 

23 (e) USE OF FUNDS.— 

24 (1) IN GENERAL.—Except as provided in para25 graph (2), the Secretary may distribute funds from 


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1 the Account to an Indian Tribe for any of the fol2 lowing purposes: 

3 (A) To develop, carry out, revise, or en4 hance wildlife conservation and restoration pro5 grams to manage Tribal species of greatest con6 servation need and the habitats of such species 

7 as determined by the Indian Tribe. 

8 (B) To assist in the recovery of species 

9 listed as an endangered or threatened species 

10 under the Endangered Species Act of 1973 (16 

11 U.S.C. 1531 et seq.). 

12 (C) For wildlife conservation education and 

13 wildlife-associated recreation projects. 

14 (D) To manage a Tribal species of greatest 

15 conservation need and the habitat of such spe16 cies, the range of which may be shared with a 

17 foreign country, State, or other Indian Tribe. 

18 (E) To manage, control, and prevent 

19 invasive species as well as diseases and other 

20 risks to wildlife. 

21 (F) For law enforcement activities that are 

22 directly related to the protection and conserva23 tion of wildlife. 


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1 (G) To develop, revise, and implement 

2 comprehensive wildlife conservation strategies 

3 and plans for such Tribe. 

4 (H) For the hiring and training of wildlife 

5 conservation and restoration program staff. 

6 (2) CONDITIONS ON THE USE OF FUNDS.— 

7 (A) REQUIRED USE OF FUNDS.—In order 

8 to be eligible to receive funds under subsection 

9 (c), a Tribe’s application must include a pro10 posal to use funds for at least one of the pur11 poses described in subparagraphs (A) and (B) 

12 of paragraph (1). 

13 (B) IMPERILED SPECIES RECOVERY.—In 

14 distributing funds under this section, the Sec15 retary shall distribute not less than 15 percent 

16 of the total funds distributed to proposals to 

17 fund the recovery of a species, subspecies, or 

18 distinct population segment listed as a threat19 ened species, endangered species, or candidate 

20 species under the Endangered Species Act of 

21 1973 (16 U.S.C. 1531 et seq.) or Tribal law. 

22 (C) LIMITATION.—In distributing funds 

23 under this section, the Secretary shall distribute 

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1 uted under this section for the purpose de2 scribed in paragraph (1)(C). 

3 (f) NO MATCHING FUNDS REQUIRED.—No Indian 

4 Tribe shall be required to provide matching funds to be 

5 eligible to receive funds under this Act. 

6 (g) PUBLIC ACCESS NOT REQUIRED.—Funds appor7 tioned from the Tribal Wildlife Conservation and Restora8 tion Account shall not be conditioned upon the provision 

9 of public or non-Tribal access to Tribal or private lands, 

10 waters, or holdings. 

11 (h) ADMINISTRATIVE COSTS.—Of the funds depos12 ited under subsection (b)(3) for each fiscal year, not more 

13 than 3 percent shall be used by the Secretary for adminis14 trative costs. 

15 (i) SAVINGS CLAUSE.—Nothing in this Act shall be 

16 construed as modifying or abrogating a treaty with any 

17 Indian Tribe, or as enlarging or diminishing the authority, 

18 jurisdiction, or responsibility of an Indian Tribe to man19 age, control, or regulate wildlife. 

20 SECTION 1. SHORT TITLE. 

21 This Act may be cited as the ‘‘Recovering America’s 

22 Wildlife Act of 2022’’. 

23 SEC. 2. STATEMENT OF PURPOSE. 

24 The purpose of this Act is to extend financial and tech25 nical assistance to States, territories, the District of ColumVerDate Sep 11 2014 02:55 Apr 28, 2022 Jkt 029200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6203 E:\BILLS\S2372.RS S2372

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1 bia, and Indian Tribes, including under the Pittman-Rob2 ertson Wildlife Restoration Act (16 U.S.C. 669 et seq.), for 

3 the purpose of avoiding the need to list species, or recovering 

4 species currently listed as a threatened species or an endan5 gered species, under the Endangered Species Act of 1973 

6 (16 U.S.C. 1531 et seq.) or under State law. 

7 TITLE I—WILDLIFE CONSERVA8 TION AND RESTORATION 

9 SEC. 101. WILDLIFE CONSERVATION AND RESTORATION 

10 SUBACCOUNT. 

11 (a) IN GENERAL.—Section 3 of the Pittman-Robertson 

12 Wildlife Restoration Act (16 U.S.C. 669b) is amended in 

13 subsection (c)— 

14 (1) by redesignating paragraphs (2) and (3) as 

15 paragraphs (10) and (11); and 

16 (2) by striking paragraph (1) and inserting the 

17 following: 

18 ‘‘(1) ESTABLISHMENT OF SUBACCOUNT.— 

19 ‘‘(A) IN GENERAL.—There is established in 

20 the fund a subaccount to be known as the ‘Wild21 life Conservation and Restoration Subaccount’ 

22 (referred to in this section as the ‘Subaccount’). 

23 ‘‘(B) AVAILABILITY.—Amounts in the Sub24 account shall be available without further approVerDate Sep 11 2014 02:55 Apr 28, 2022 Jkt 029200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6203 E:\BILLS\S2372.RS S2372

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1 priation, for each fiscal year, for apportionment 

2 in accordance with this Act. 

3 ‘‘(C) DEPOSITS INTO SUBACCOUNT.— 

4 ‘‘(i) IN GENERAL.—The Secretary of 

5 the Treasury shall transfer from the general 

6 fund of the Treasury to the Subaccount— 

7 ‘‘(I) for fiscal year 2022, 

8 $850,000,000; 

9 ‘‘(II) for fiscal year 2023, 

10 $1,100,000,000; 

11 ‘‘(III) for fiscal year 2024, 

12 $1,200,000,000; and 

13 ‘‘(IV) for fiscal year 2025, and for 

14 each fiscal year thereafter, 

15 $1,300,000,000. 

16 ‘‘(ii) FUNDING SOURCE.— 

17 ‘‘(I) DEFINITION.—In this clause, 

18 the term ‘remaining natural resource 

19 or environmental-related violation rev20 enue’ means the amount of all civil or 

21 criminal penalties, fines, sanctions, 

22 forfeitures, or other revenues resulting 

23 from natural resource or environ24 mental-related violations or enforce25 ment actions by any Federal agency 


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1 that are not directed to be deposited in 

2 a fund other than the general fund of 

3 the Treasury or have otherwise been 

4 appropriated. 

5 ‘‘(II) USE OF REVENUE.—Begin6 ning in fiscal year 2022, and for each 

7 fiscal year thereafter, the total amount 

8 of the remaining natural resource or 

9 environmental-related violation rev10 enue with respect to the previous fiscal 

11 year— 

12 ‘‘(aa) shall be deposited in 

13 the general fund of the Treasury; 

14 and 

15 ‘‘(bb) shall be available for 

16 the purposes of the transfer under 

17 clause (i). 

18 ‘‘(2) SUPPLEMENT NOT SUPPLANT.—Amounts 

19 transferred to the Subaccount shall supplement, but 

20 not replace, existing funds available to the States 

21 from— 

22 ‘‘(A) the funds distributed pursuant to the 

23 Dingell-Johnson Sport Fish Restoration Act (16 

24 U.S.C. 777 et seq.); and 

25 ‘‘(B) the fund. 


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1 ‘‘(3) INNOVATION GRANTS.— 

2 ‘‘(A) IN GENERAL.—The Secretary shall dis3 tribute 10 percent of funds apportioned from the 

4 Subaccount through a competitive grant pro5 gram to State fish and wildlife departments, the 

6 District of Columbia fish and wildlife depart7 ment, fish and wildlife departments of terri8 tories, or to regional associations of fish and 

9 wildlife departments (or any group composed of 

10 more than 1 such entity). 

11 ‘‘(B) PURPOSE.—Such grants shall be pro12 vided for the purpose of catalyzing innovation of 

13 techniques, tools, strategies, or collaborative part14 nerships that accelerate, expand, or replicate ef15 fective and measurable recovery efforts for species 

16 of greatest conservation need and species listed 

17 under the Endangered Species Act of 1973 (16 

18 U.S.C. 1531 et seq.) and the habitats of such spe19 cies. 

20 ‘‘(C) REVIEW COMMITTEE.—The Secretary 

21 shall appoint a review committee comprised of— 

22 ‘‘(i) a State Director from each re23 gional association of State fish and wildlife 

24 departments; 


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1 ‘‘(ii) the head of a department respon2 sible for fish and wildlife management in a 

3 territory; 

4 ‘‘(iii) one delegate from the United 

5 States Fish and Wildlife Service, for the 

6 purpose of providing technical assistance; 

7 and 

8 ‘‘(iv) beginning in fiscal year 2022, 

9 four individuals representing four different 

10 nonprofit organizations each of which is ac11 tively participating in carrying out wildlife 

12 conservation restoration activities using 

13 funds apportioned from the Subaccount. 

14 ‘‘(D) SUPPORT FROM UNITED STATES FISH

15 AND WILDLIFE SERVICE.—Using not more than 

16 3 percent of the amounts apportioned under sub17 paragraph (A) to carry out a competitive grant 

18 program, the United States Fish and Wildlife 

19 Service shall provide any personnel or adminis20 trative support services necessary for such Com21 mittee to carry out its responsibilities under this 

22 Act. 

23 ‘‘(E) EVALUATION.—Such committee shall 

24 evaluate each proposal submitted under this 

25 paragraph and recommend projects for funding, 


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1 giving preference to solutions that accelerate the 

2 recovery of species identified as priorities 

3 through regional scientific assessments of species 

4 of greatest conservation need. 

5 ‘‘(4) USE OF FUNDS.—Funds apportioned from 

6 the Subaccount shall be used for purposes consistent 

7 with section 2 of the Recovering America’s Wildlife 

8 Act of 2022 and— 

9 ‘‘(A) shall be used to implement the Wildlife 

10 Conservation Strategy of a State, territory, or 

11 the District of Columbia, as required under sec12 tion 4(e), by carrying out, revising, or enhancing 

13 existing wildlife and habitat conservation and 

14 restoration programs and developing and imple15 menting new wildlife conservation and restora16 tion programs to recover and manage species of 

17 greatest conservation need and the key habitats 

18 and plant community types essential to the con19 servation of those species, as determined by the 

20 appropriate State fish and wildlife department; 

21 ‘‘(B) shall be used to develop, revise, and 

22 enhance the Wildlife Conservation Strategy of a 

23 State, territory, or the District of Columbia, as 

24 may be required by this Act; 


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1 ‘‘(C) shall be used to assist in the recovery 

2 of species found in the State, territory, or the 

3 District of Columbia that are listed as endan4 gered species, threatened species, candidate spe5 cies or species proposed for listing, or species pe6 titioned for listing under the Endangered Species 

7 Act of 1973 (16 U.S.C. 1531 et seq.) or under 

8 State law; 

9 ‘‘(D) may be used for wildlife conservation 

10 education and wildlife-associated recreation 

11 projects, especially in historically underserved 

12 communities; 

13 ‘‘(E) may be used to manage a species of 

14 greatest conservation need whose range is shared 

15 with another State, territory, Indian Tribe, or 

16 foreign government and for the conservation of 

17 the habitat of such species; 

18 ‘‘(F) may be used to manage, control, and 

19 prevent invasive species, disease, and other risks 

20 to species of greatest conservation need; and 

21 ‘‘(G) may be used for law enforcement ac22 tivities that are directly related to the protection 

23 and conservation of a species of greatest con24 servation need and the habitat of such species. 


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1 ‘‘(5) MINIMUM REQUIRED SPENDING FOR ENDAN2 GERED SPECIES RECOVERY.—Not less than an aver3 age of 15 percent over a 5-year period of amounts ap4 portioned to a State, territory, or the District of Co5 lumbia from the Subaccount shall be used for pur6 poses described in paragraph (4)(C). The Secretary 

7 may reduce the minimum requirement of a State, ter8 ritory, or the District of Columbia on an annual 

9 basis if the Secretary determines that the State, terri10 tory, or the District of Columbia is meeting the con11 servation and recovery needs of all species described 

12 in paragraph (4)(C). 

13 ‘‘(6) PUBLIC ACCESS TO PRIVATE LANDS NOT RE14 QUIRED.—Funds apportioned from the Subaccount 

15 shall not be conditioned upon the provision of public 

16 access to private lands, waters, or holdings. 

17 ‘‘(7) REQUIREMENTS FOR MATCHING FUNDS.— 

18 ‘‘(A) For the purposes of the non-Federal 

19 fund matching requirement for a wildlife con20 servation or restoration program or project fund21 ed by the Subaccount, a State, territory, or the 

22 District of Columbia may use as matching non23 Federal funds— 


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1 ‘‘(i) funds from Federal agencies other 

2 than the Department of the Interior and the 

3 Department of Agriculture; 

4 ‘‘(ii) donated private lands and waters, 

5 including privately owned easements; 

6 ‘‘(iii) in circumstances described in 

7 subparagraph (B), revenue generated 

8 through the sale of State hunting and fish9 ing licenses; and 

10 ‘‘(iv) other sources consistent with part 

11 80 of title 50, Code of Federal Regulations, 

12 in effect on the date of enactment of the Re13 covering America’s Wildlife Act of 2022. 

14 ‘‘(B) Revenue described in subparagraph 

15 (A)(iii) may only be used to fulfill the require16 ments of such non-Federal fund matching re17 quirement if— 

18 ‘‘(i) no Federal funds apportioned to 

19 the State fish and wildlife department of 

20 such State from the Wildlife Restoration 

21 Program or the Sport Fish Restoration Pro22 gram have been reverted because of a failure 

23 to fulfill such non-Federal fund matching 

24 requirement by such State during the pre25 vious 2 years; and 


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1 ‘‘(ii) the project or program being 

2 funded benefits the habitat of a hunted or 

3 fished species and a species of greatest con4 servation need. 

5 ‘‘(8) DEFINITIONS.—In this subsection, the fol6 lowing definitions apply: 

7 ‘‘(A) PARTNERSHIPS.—The term ‘partner8 ships’ may include collaborative efforts with Fed9 eral agencies, State agencies, local agencies, In10 dian Tribes, nonprofit organizations, academic 

11 institutions, industry groups, and private indi12 viduals to implement a State’s Wildlife Con13 servation Strategy. 

14 ‘‘(B) SPECIES OF GREATEST CONSERVATION

15 NEED.—The term ‘species of greatest conserva16 tion need’ may be fauna or flora, and may in17 clude terrestrial, aquatic, marine, and inverte18 brate species that are of low population, declin19 ing, rare, or facing threats and in need of con20 servation attention, as determined by each State 

21 fish and wildlife department, with respect to 

22 funds apportioned to such State. 

23 ‘‘(C) TERRITORY AND TERRITORIES.—The 

24 terms ‘territory’ and ‘territories’ mean the Com25 monwealth of Puerto Rico, Guam, American 


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1 Samoa, the Commonwealth of the Northern Mar2 iana Islands, and the United States Virgin Is3 lands. 

4 ‘‘(D) WILDLIFE.—The term ‘wildlife’ means 

5 any species of wild, freeranging fauna, including 

6 fish, and also fauna in captive breeding pro7 grams the object of which is to reintroduce indi8 viduals of a depleted indigenous species into pre9 viously occupied range.’’. 

10 (b) ALLOCATION AND APPORTIONMENT OF AVAILABLE

11 AMOUNTS.—Section 4 of the Pittman-Robertson Wildlife 

12 Restoration Act (16 U.S.C. 669c) is amended— 

13 (1) in subsection (d)— 

14 (A) in paragraph (1)— 

15 (i) in subparagraph (A), by striking 

16 ‘‘to the District of Columbia and to the 

17 Commonwealth of Puerto Rico, each’’ and 

18 inserting ‘‘To the District of Columbia’’; 

19 (ii) in subparagraph (B)— 

20 (I) by striking ‘‘to Guam’’ and 

21 inserting ‘‘To Guam’’; and 

22 (II) by striking ‘‘not more than 

23 one-fourth of one percent’’ and insert24 ing ‘‘not less than one-third of one per25 cent’’; and 


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1 (iii) by adding at the end the fol2 lowing: 

3 ‘‘(C) To the Commonwealth of Puerto Rico, 

4 a sum equal to not less than 1 percent thereof.’’; 

5 (B) in paragraph (2)(A)— 

6 (i) by amending clause (i) to read as 

7 follows: 

8 ‘‘(i) one-half of which is based on the ratio 

9 to which the land and water area of such State 

10 bears to the total land and water area of all such 

11 States;’’; 

12 (ii) in clause (ii)— 

13 (I) by striking ‘‘two-thirds’’ and 

14 inserting ‘‘one-quarter’’; and 

15 (II) by striking the period and in16 serting ‘‘; and’’; and 

17 (iii) by adding at the end the fol18 lowing: 

19 ‘‘(iii) one-quarter of which is based upon 

20 the ratio to which the number of species listed as 

21 endangered or threatened under the Endangered 

22 Species Act of 1973 (16 U.S.C. 1531 et seq.) in 

23 such State bears to the total number of such spe24 cies listed in all such States.’’; 


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1 (C) by amending paragraph (2)(B) to read 

2 as follows: 

3 ‘‘(B) The amounts apportioned under this 

4 paragraph shall be adjusted equitably so that no 

5 such State, unless otherwise designated, shall be 

6 apportioned a sum which is less than 1 percent 

7 or more than 5 percent of the amount available 

8 for apportionment under— 

9 ‘‘(i) subparagraph (A)(i); 

10 ‘‘(ii) subparagraph (A)(ii); and 

11 ‘‘(iii) the overall amount available for 

12 subparagraph (A).’’; and 

13 (D) in paragraph (3), by striking ‘‘3 per14 cent’’ and inserting ‘‘1.85 percent’’; 

15 (2) in subsection (e)(4)— 

16 (A) by amending subparagraph (B) to read 

17 as follows: 

18 ‘‘(B) Not more than an average of 15 percent 

19 over a 5-year period of amounts apportioned to each 

20 State, territory, or the District of Columbia under 

21 this section for a wildlife conservation and restoration 

22 program may be used for wildlife conservation edu23 cation and wildlife-associated recreation.’’; and 

24 (B) by inserting after subparagraph (B), as 

25 so amended, the following: 


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1 ‘‘(C) 5 percent of amounts apportioned to each 

2 State, each territory, or the District of Columbia 

3 under this section for a wildlife conservation and res4 toration program shall be reserved for States and ter5 ritories that include plants among their species of 

6 greatest conservation need and in the conservation 

7 planning and habitat prioritization efforts of their 

8 Wildlife Conservation Strategy. Each eligible State, 

9 territory, or the District of Columbia shall receive an 

10 additional 5 percent of their apportioned amount. 

11 Any unallocated resources shall be allocated propor12 tionally among all States and territories under the 

13 formulas of this section.’’; and 

14 (3) by adding at the end following: 

15 ‘‘(f) MINIMIZATION OF PLANNING AND REPORTING.— 

16 Nothing in this Act shall be interpreted to require a State 

17 to create a comprehensive strategy related to conservation 

18 education or outdoor recreation. 

19 ‘‘(g) ACCOUNTABILITY.— 

20 ‘‘(1) IN GENERAL.—Not more than one year after 

21 the date of enactment of the Recovering America’s 

22 Wildlife Act of 2022 and every 3 years thereafter, 

23 each State fish and wildlife department shall submit 

24 a 3-year work plan and budget for implementing its 

25 Wildlife Conservation Strategy and a report describVerDate Sep 11 2014 02:55 Apr 28, 2022 Jkt 029200 PO 00000 Frm 00038 Fmt 6652 Sfmt 6203 E:\BILLS\S2372.RS S2372

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1 ing the results derived from activities accomplished 

2 under subsection (e) during the previous 3 years to 

3 the United States Fish and Wildlife Service for re4 view, which shall summarize such findings and sub5 mit a report to— 

6 ‘‘(A) the Committee on Environment and 

7 Public Works of the Senate; and 

8 ‘‘(B) the Committee on Natural Resources of 

9 the House of Representatives. 

10 ‘‘(2) REQUIREMENTS.—The format of the 3-year 

11 work plans, budgets, and reports required under 

12 paragraph (1) shall be established by the United 

13 States Fish and Wildlife Service, in consultation with 

14 the Association of Fish and Wildlife Agencies. 

15 ‘‘(3) GAO STUDY.—Not later than 7 years after 

16 the date of enactment of the Recovering America’s 

17 Wildlife Act of 2022, the Comptroller General of the 

18 United States shall conduct a study to examine the 

19 progress of States, territories, the District of Colum20 bia, and Indian Tribes towards achieving the purpose 

21 described in section 2 of that Act.’’. 

22 SEC. 102. TECHNICAL AMENDMENTS. 

23 (a) DEFINITIONS.—Section 2 of the Pittman-Robertson 

24 Wildlife Restoration Act (16 U.S.C. 669a) is amended— 


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1 (1) in paragraph (7), by striking ‘‘including 

2 fish,’’; and 

3 (2) in paragraph (9), by inserting ‘‘Indian 

4 Tribes, academic institutions,’’ before ‘‘wildlife con5 servation organizations’’. 

6 (b) CONFORMING AMENDMENTS.—The Pittman-Rob7 ertson Wildlife Restoration Act (16 U.S.C. 669a et seq.) is 

8 amended— 

9 (1) in section 3— 

10 (A) in subsection (a)— 

11 (i) by striking ‘‘(1) An amount equal 

12 to’’ and inserting ‘‘An amount equal to’’; 

13 and 

14 (ii) by striking paragraph (2); 

15 (B) in subsection (c)— 

16 (i) in paragraph (9), as redesignated 

17 by section 101(a)(1), by striking ‘‘or an In18 dian tribe’’; and 

19 (ii) in paragraph (10), as redesignated 

20 by section 101(a)(1), by striking ‘‘Wildlife 

21 Conservation and Restoration Account’’ and 

22 inserting ‘‘Subaccount’’; and 

23 (C) in subsection (d), by striking ‘‘Wildlife 

24 Conservation and Restoration Account’’ and in25 serting ‘‘Subaccount’’; 


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1 (2) in section 4 (16 U.S.C. 669c)— 

2 (A) in subsection (d)— 

3 (i) in the heading, by striking ‘‘AC4 COUNT’’ and inserting ‘‘SUBACCOUNT’’; and 

5 (ii) by striking ‘‘Account’’ each place it 

6 appears and inserting ‘‘Subaccount’’; and 

7 (B) in subsection (e)(1), by striking ‘‘Ac8 count’’ and inserting ‘‘Subaccount’’; and 

9 (3) in section 8 (16 U.S.C. 669g), in subsection 

10 (a), by striking ‘‘Account’’ and inserting ‘‘Sub11 account’’. 

12 SEC. 103. SAVINGS CLAUSE. 

13 The Pittman-Robertson Wildlife Restoration Act (16 

14 U.S.C. 669 et seq.) is amended— 

15 (1) by redesignating section 14 as section 16; 

16 and 

17 (2) by inserting after section 13 the following: 

18 ‘‘SEC. 14. SAVINGS CLAUSE. 

19 ‘‘Nothing in this Act shall be construed to enlarge or 

20 diminish the authority, jurisdiction, or responsibility of a 

21 State to manage, control, or regulate fish and wildlife under 

22 the law and regulations of the State on lands and waters 

23 within the State, including on Federal lands and waters. 


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1 ‘‘SEC. 15. STATUTORY CONSTRUCTION WITH RESPECT TO 

2 ALASKA. 

3 ‘‘If any conflict arises between any provision of this 

4 Act and any provision of the Alaska National Interest 

5 Lands Conservation Act (16 U.S.C. 3101 et seq.) or the 

6 Alaska Native Claims Settlement Act (43 U.S.C. 1601 et 

7 seq.), then the provision in the Alaska National Interest 

8 Lands Conservation Act or the Alaska Native Claims Settle9 ment Act shall prevail.’’. 

10 TITLE II—TRIBAL WILDLIFE 

11 CONSERVATION AND RES12 TORATION 

13 SEC. 201. INDIAN TRIBES. 

14 (a) DEFINITIONS.—In this section: 

15 (1) ACCOUNT.—The term ‘‘Account’’ means the 

16 Tribal Wildlife Conservation and Restoration Account 

17 established by subsection (b)(1). 

18 (2) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 

19 has the meaning given such term in section 4 of the 

20 Indian Self-Determination and Education Assistance 

21 Act (25 U.S.C. 5304). 

22 (3) SECRETARY.—The term ‘‘Secretary’’ means 

23 the Secretary of the Interior. 

24 (4) TRIBAL SPECIES OF GREATEST CONSERVA25 TION NEED.—The term ‘‘Tribal species of greatest 

26 conservation need’’ means any species identified by 


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1 an Indian Tribe as requiring conservation manage2 ment because of declining population, habitat loss, or 

3 other threats, or because of their biological or cultural 

4 importance to such Tribe. 

5 (5) WILDLIFE.—The term ‘‘wildlife’’ means— 

6 (A) any species of wild flora or fauna in7 cluding fish and marine mammals; 

8 (B) flora or fauna in a captive breeding, re9 habilitation, and holding or quarantine pro10 gram, the object of which is to reintroduce indi11 viduals of a depleted indigenous species into pre12 viously occupied range or to maintain a species 

13 for conservation purposes; and 

14 (C) does not include game farm animals. 

15 (b) TRIBAL WILDLIFE CONSERVATION AND RESTORA16 TION ACCOUNT.— 

17 (1) IN GENERAL.—There is established in the 

18 Treasury an account to be known as the ‘‘Tribal 

19 Wildlife Conservation and Restoration Account’’. 

20 (2) AVAILABILITY.—Amounts in the Account 

21 shall be available for each fiscal year without further 

22 appropriation for apportionment in accordance with 

23 this title. 

24 (3) DEPOSITS INTO ACCOUNT.— 


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1 (A) IN GENERAL.—Beginning in fiscal year 

2 2022, and for each fiscal year thereafter, the Sec3 retary of the Treasury shall transfer $97,500,000 

4 from the general fund of the Treasury to the Ac5 count. 

6 (B) FUNDING SOURCE.— 

7 (i) DEFINITION.—In this subpara8 graph, the term ‘‘remaining natural re9 source or environmental-related violation 

10 revenue’’ means the amount of all civil or 

11 criminal penalties, fines, sanctions, forfeit12 ures, or other revenues resulting from nat13 ural resource or environmental-related vio14 lations or enforcement actions by any Fed15 eral agency that are not directed to be de16 posited in a fund other than the general 

17 fund of the Treasury or have otherwise been 

18 appropriated. 

19 (ii) USE OF REVENUE.—Beginning in 

20 fiscal year 2022, and for each fiscal year 

21 thereafter, the total amount of the remain22 ing natural resource or environmental-re23 lated violation revenue with respect to the 

24 previous fiscal year— 


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1 (I) shall be deposited in the gen2 eral fund of the Treasury; and 

3 (II) shall be available for the pur4 poses of the transfer under subpara5 graph (A). 

6 (c) DISTRIBUTION OF FUNDS TO INDIAN TRIBES.— 

7 Each fiscal year, the Secretary of the Treasury shall deposit 

8 funds into the Account and distribute such funds through 

9 a noncompetitive application process according to guide10 lines and criteria, and reporting requirements determined 

11 by the Secretary of the Interior, acting through the Director 

12 of the Bureau of Indian Affairs, in consultation with In13 dian Tribes. Such funds shall remain available until ex14 pended. 

15 (d) WILDLIFE MANAGEMENT RESPONSIBILITIES.—The 

16 distribution guidelines and criteria described in subsection 

17 (c) shall be based, in part, upon an Indian Tribe’s wildlife 

18 management responsibilities. Any funding allocated to an 

19 Indian Tribe in Alaska may only be used in a manner con20 sistent with the Alaska Native Claims Settlement Act (43 

21 U.S.C. 1601 et seq.), the Alaska National Interest Lands 

22 Conservation Act (16 U.S.C. 3101 et seq.), and Public Law 

23 85–508 (commonly known as the ‘‘Alaska Statehood Act’’) 

24 (48 U.S.C. note prec. 21). Alaska Native Corporations or 


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1 Tribes may enter into cooperative agreements with the State 

2 of Alaska on conservation projects of mutual concern. 

3 (e) USE OF FUNDS.— 

4 (1) IN GENERAL.—Except as provided in para5 graph (2), the Secretary may distribute funds from 

6 the Account to an Indian Tribe for any of the fol7 lowing purposes: 

8 (A) To develop, carry out, revise, or enhance 

9 wildlife conservation and restoration programs 

10 to manage Tribal species of greatest conservation 

11 need and the habitats of such species, as deter12 mined by the Indian Tribe. 

13 (B) To assist in the recovery of species list14 ed as an endangered or threatened species under 

15 the Endangered Species Act of 1973 (16 U.S.C. 

16 1531 et seq.). 

17 (C) For wildlife conservation education and 

18 wildlife-associated recreation projects. 

19 (D) To manage a Tribal species of greatest 

20 conservation need and the habitat of such species, 

21 the range of which may be shared with a foreign 

22 country, State, or other Indian Tribe. 

23 (E) To manage, control, and prevent 

24 invasive species as well as diseases and other 

25 risks to wildlife. 


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1 (F) For law enforcement activities that are 

2 directly related to the protection and conserva3 tion of wildlife. 

4 (G) To develop, revise, and implement com5 prehensive wildlife conservation strategies and 

6 plans for such Tribe. 

7 (H) For the hiring and training of wildlife 

8 conservation and restoration program staff. 

9 (2) CONDITIONS ON THE USE OF FUNDS.— 

10 (A) REQUIRED USE OF FUNDS.—In order to 

11 be eligible to receive funds under subsection (c), 

12 a Tribe’s application must include a proposal to 

13 use funds for at least one of the purposes de14 scribed in subparagraphs (A) and (B) of para15 graph (1). 

16 (B) IMPERILED SPECIES RECOVERY.—In 

17 distributing funds under this section, the Sec18 retary shall distribute not less than 15 percent of 

19 the total funds distributed to proposals to fund 

20 the recovery of a species, subspecies, or distinct 

21 population segment listed as a threatened spe22 cies, endangered species, or candidate species 

23 under the Endangered Species Act of 1973 (16 

24 U.S.C. 1531 et seq.) or Tribal law. 


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1 (C) LIMITATION.—In distributing funds 

2 under this section, the Secretary shall distribute 

3 not more than 15 percent of all funds distributed 

4 under this section for the purpose described in 

5 paragraph (1)(C). 

6 (f) NO MATCHING FUNDS REQUIRED.—No Indian 

7 Tribe shall be required to provide matching funds to be eli8 gible to receive funds under this Act. 

9 (g) PUBLIC ACCESS NOT REQUIRED.—Funds appor10 tioned from the Tribal Wildlife Conservation and Restora11 tion Account shall not be conditioned upon the provision 

12 of public or non-Tribal access to Tribal or private lands, 

13 waters, or holdings. 

14 (h) ADMINISTRATIVE COSTS.—Of the funds deposited 

15 under subsection (b)(3) for each fiscal year, not more than 

16 3 percent shall be used by the Secretary for administrative 

17 costs. 

18 (i) SAVINGS CLAUSE.—Nothing in this Act shall be 

19 construed as modifying or abrogating a treaty with any 

20 Indian Tribe, or as enlarging or diminishing the authority, 

21 jurisdiction, or responsibility of an Indian Tribe to man22 age, control, or regulate wildlife. 

23 (j) STATUTORY CONSTRUCTION WITH RESPECT TO

24 ALASKA.—If any conflict arises between any provision of 

25 this Act and any provision of the Alaska National Interest 


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1 Lands Conservation Act (16 U.S.C. 3101 et seq.) or the 

2 Alaska Native Claims Settlement Act (43 U.S.C. 1601 et 

3 seq.), then the provision in the Alaska National Interest 

4 Lands Conservation Act or the Alaska Native Claims Settle5 ment Act shall prevail. 

6 TITLE III—ENDANGERED SPE7 CIES RECOVERY AND HABI8 TAT CONSERVATION LEGACY 

9 FUND 

10 SEC. 301. ENDANGERED SPECIES RECOVERY AND HABITAT 

11 CONSERVATION LEGACY FUND. 

12 (a) ESTABLISHMENT.—There is established in the 

13 Treasury of the United States a fund, to be known as the 

14 ‘‘Endangered Species Recovery and Habitat Conservation 

15 Legacy Fund’’ (referred to in this section as the ‘‘Fund’’). 

16 (b) FUNDING.—For each of fiscal years 2022 through 

17 2025, the Secretary of the Treasury shall transfer from the 

18 general fund of the Treasury to the Fund $187,500,000. 

19 (c) AVAILABILITY OF FUNDS.—Amounts in the Fund 

20 shall be available to the Secretary of the Interior, acting 

21 through the Director of the United States Fish and Wildlife 

22 Service (referred to in this section as the ‘‘Secretary’’), as 

23 provided in subsection (e), without further appropriation 

24 or fiscal year limitation. 

25 (d) INVESTMENT OF AMOUNTS.— 


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1 (1) IN GENERAL.—The Secretary may request 

2 the Secretary of the Treasury to invest any portion 

3 of the Fund that is not, as determined by the Sec4 retary, required to meet the current needs of the 

5 Fund. 

6 (2) REQUIREMENT.—An investment requested 

7 under paragraph (1) shall be made by the Secretary 

8 of the Treasury in a public debt security— 

9 (A) with a maturity suitable to the needs of 

10 the Fund, as determined by the Secretary; and 

11 (B) bearing interest at a rate determined by 

12 the Secretary of the Treasury, taking into con13 sideration current market yields on outstanding 

14 marketable obligations of the United States of 

15 comparable maturity. 

16 (3) CREDITS TO FUND.—The income on invest17 ments of the Fund under this subsection shall be cred18 ited to, and form a part of, the Fund. 

19 (e) USE OF FUNDS.—Amounts in the Fund shall be 

20 used for recovering the species managed under the Endan21 gered Species Act of 1973 (16 U.S.C. 1531 et seq.), in addi22 tion to amounts otherwise available for such purposes, as 

23 follows: 

24 (1) ENDANGERED SPECIES RECOVERY GRANT

25 PROGRAM.—$75,000,000 for each of fiscal years 2022 


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1 through 2025, to remain available until expended, 

2 shall be used to establish and implement a grant and 

3 technical assistance program, to be known as the 

4 ‘‘Endangered Species Recovery Grant Program’’, to 

5 provide competitive matching grants for the purpose 

6 of recovering species listed as a threatened species or 

7 an endangered species under section 4 of the Endan8 gered Species Act of 1973 (16 U.S.C. 1533) by ad9 dressing the backlog in the development of recovery 

10 plans, and implementing the backlog of activities 

11 identified in existing recovery plans, under subsection 

12 (f) of that section (16 U.S.C. 1533(f)). The Secretary 

13 shall enter into an agreement with the National Fish 

14 and Wildlife Foundation to establish and coopera15 tively manage the Endangered Species Recovery 

16 Grant Program in accordance with the Endangered 

17 Species Act of 1973 (16 U.S.C. 1531 et seq.) and the 

18 National Fish and Wildlife Foundation Establish19 ment Act (16 U.S.C. 3701 et seq.). 

20 (2) INTERAGENCY CONSULTATION RESPONSIBIL21 ITIES.—$75,000,000 for each of fiscal years 2022 

22 through 2025, to remain available until expended, 

23 shall be used for the United States Fish and Wildlife 

24 Service to address interagency consultation responVerDate Sep 11 2014 02:55 Apr 28, 2022 Jkt 029200 PO 00000 Frm 00051 Fmt 6652 Sfmt 6203 E:\BILLS\S2372.RS S2372

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1 sibilities under section 7 of the Endangered Species 

2 Act of 1973 (16 U.S.C. 1536). 

3 (3) CONSERVATION ACTIVITIES.—$28,125,000 for 

4 each of fiscal years 2022 through 2025, to remain 

5 available until expended, shall be used for the United 

6 States Fish and Wildlife Service to work with non7 Federal entities, including through, but not limited 

8 to, the Partners for Fish and Wildlife Program, the 

9 Coastal Program, and the North American Wetlands 

10 Conservation Act (16 U.S.C. 4401 et seq.)— 

11 (A) to conserve at risk species, species that 

12 are candidates or proposed for listing, and spe13 cies that are listed as threatened or endangered 

14 species under section 4 of the Endangered Spe15 cies Act of 1973 (16 U.S.C. 1533), including 

16 through rescue and rehabilitation efforts; and 

17 (B) to conserve wildlife habitat. 

18 (4) VOLUNTARY CONSERVATION AGREEMENTS.— 

19 $9,375,000 for each of fiscal years 2022 through 2025, 

20 to remain available until expended, shall be used for 

21 the United States Fish and Wildlife Service to ad22 dress the development and permitting of voluntary 

23 conservation agreements under section 10 of the En24 dangered Species Act of 1973 (16 U.S.C. 1539). 


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1 (f) SUPPLEMENT, NOT SUPPLANT.—Amounts made 

2 available under this section shall supplement and not sup3 plant any other Federal amounts made available to carry 

4 out activities described in this section in an annual appro5 priations Act of Congress. 

6 (g) SUBMISSION OF SPECIES LISTS TO CONGRESS.— 

7 (1) PRIORITY LIST OF SPECIES.—Not later than 

8 90 days after the date of enactment of this Act, the 

9 Secretary, shall submit to the Committees on Envi10 ronment and Public Works and Appropriations of the 

11 Senate and the Committees on Natural Resources and 

12 Appropriations of the House of Representatives a list 

13 of threatened species and endangered species for which 

14 recovery plans described in subsection (e)(1) will be 

15 developed or implemented for fiscal year 2023. 

16 (2) ANNUAL LIST OF SPECIES.—Until the date 

17 on which all of the amounts in the Fund are ex18 pended, the President shall annually submit to Con19 gress, together with the annual budget of the United 

20 States, a list of threatened species and endangered 

21 species for which recovery plans described in sub22 section (e)(1) will be developed or implemented with 

23 amounts from the Fund. 

24 (h) PUBLIC DONATIONS.— 


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1 (1) IN GENERAL.—The Secretary may accept 

2 public cash donations that advance efforts— 

3 (A) to address the backlog in the develop4 ment and implementation of recovery plans; and 

5 (B) to encourage relevant public-private 

6 partnerships. 

7 (2) CREDITS TO FUND.—Any cash donations ac8 cepted under paragraph (1) shall be credited to, and 

9 form a part of, the Fund. 

10 (3) REJECTION OF DONATIONS.—The Secretary 

11 may reject a donation under this section when the re12 jection is in the interest of the Federal Government, 

13 as determined by the Secretary. 

14 (i) ALLOCATION AUTHORITY.— 

15 (1) SUBMISSION OF COST ESTIMATES.—The 

16 President shall submit to Congress detailed allocations 

17 by program element of the amount recommended for 

18 allocation in a fiscal year from amounts made avail19 able under subsection (c), consistent with the use of 

20 funds under subsection (e), as follows: 

21 (A) For fiscal year 2023, not later than 90 

22 days after the date of enactment of this Act. 

23 (B) For each fiscal year thereafter, until the 

24 date on which all of the amounts in the Fund 

25 are allocated, as part of the annual budget subVerDate Sep 11 2014 02:55 Apr 28, 2022 Jkt 029200 PO 00000 Frm 00054 Fmt 6652 Sfmt 6203 E:\BILLS\S2372.RS S2372

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1 mission of the President under section 1105(a) of 

2 title 31, United States Code. 

3 (2) ALTERNATE ALLOCATION.— 

4 (A) IN GENERAL.—The Committees on Ap5 propriations of the Senate and House of Rep6 resentatives may provide for alternate allocation 

7 of amounts recommended for allocation in a 

8 given fiscal year from amounts made available 

9 under subsection (c), consistent with the use of 

10 funds under subsection (e), including allocations 

11 by program element. 

12 (B) ALLOCATION BY PRESIDENT.— 

13 (i) NO ALTERNATE ALLOCATIONS.—If 

14 Congress has not enacted legislation estab15 lishing alternate allocations, including by 

16 program, by the date on which the Act mak17 ing full-year appropriations for the Depart18 ment of the Interior, Environment, and Re19 lated Agencies for the applicable fiscal year 

20 is enacted into law, only then shall amounts 

21 recommended for allocation for that fiscal 

22 year from amounts made available under 

23 subsection (c), consistent with the use of 

24 funds under subsection (e), be allocated by 

25 the President or apportioned or allotted by 


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1 program pursuant to title 31, United States 

2 Code. 

3 (ii) INSUFFICIENT ALTERNATE ALLOCA4 TION.—If Congress enacts legislation estab5 lishing alternate allocations, including by 

6 program, for amounts recommended for al7 location in a given fiscal year from 

8 amounts made available under subsection 

9 (c), consistent with the use of funds under 

10 subsection (e), that are less than the full 

11 amount recommended for allocation for that 

12 fiscal year, the difference between the 

13 amount recommended for allocation and the 

14 alternate allocation shall be allocated by the 

15 President and apportioned and allotted by 

16 program pursuant to title 31, United States 

17 Code. 

18 (j) PROHIBITIONS.—No amounts from the Fund shall 

19 be used— 

20 (1) to make any listing determination relating to 

21 the endangered or threatened status of any species 

22 pursuant to section 4(a) of the Endangered Species 

23 Act of 1973 (16 U.S.C. 1533(a)); 

24 (2) on any experimental population (as defined 

25 in paragraph (1) of section 10(j) of the Endangered 


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1 Species Act of 1973 (16 U.S.C. 1539(j))) of a threat2 ened or endangered species that is determined to be 

3 nonessential under that section; 

4 (3) outside of the United States (as defined in 

5 section 3 of the Endangered Species Act of 1973 (16 

6 U.S.C. 1532)); and 

7 (4) to acquire any Federal land. 


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Calendar No. 354 

117TH CONGRESS 

2D SESSION S. 2372 

A BILL 

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

APRIL 27, 2022 

Reported with an amendment 


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