II

106TH CONGRESS

2D SESSION S. 2609

To amend the Pittman-Robertson Wildlife Restoration Act and the DingellJohnson Sport Fish Restoration Act to enhance the funds available

for grants to States for fish and wildlife conservation projects, and

to increase opportunities for recreational hunting, bow hunting, trapping,

archery, and fishing, by eliminating chances for waste, fraud, abuse,

maladministration, and unauthorized expenditures for administration and

implementation of those Acts, and for other purposes.

IN THE SENATE OF THE UNITED STATES

MAY 23, 2000

Mr. CRAIG (for himself and Mr. CRAPO) introduced the following bill; which

was read twice and referred to the Committee on Environment and Public

Works

A BILL

To amend the Pittman-Robertson Wildlife Restoration Act

and the Dingell-Johnson Sport Fish Restoration Act to

enhance the funds available for grants to States for

fish and wildlife conservation projects, and to increase

opportunities for recreational hunting, bow hunting, trapping, archery, and fishing, by eliminating chances for

waste, fraud, abuse, maladministration, and unauthorized

expenditures for administration and implementation of

those Acts, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. SHORT TITLES; TABLE OF CONTENTS.

2 (a) SHORT TITLES.—

3 (1) THIS ACT.—This Act may be cited as the

4 ‘‘Wildlife and Sport Fish Restoration Programs Im5 provement Act of 2000’’.

6 (2) PITTMAN-ROBERTSON WILDLIFE RESTORA7 TION ACT.—The Act of September 2, 1937 (16

8 U.S.C. 669 et seq.), is amended by adding at the

9 end the following:

10 ‘‘SEC. 14. SHORT TITLE.

11 ‘‘This Act may be cited as the ‘Pittman-Robertson

12 Wildlife Restoration Act’.’’.

13 (3) DINGELL-JOHNSON SPORT FISH RESTORA14 TION ACT.—The Act of August 9, 1950 (16 U.S.C.

15 777 et seq.), is amended by adding at the end the

16 following:

17 ‘‘SEC. 16. SHORT TITLE.

18 ‘‘This Act may be cited as the ‘Dingell-Johnson Sport

19 Fish Restoration Act’.’’.

20 (b) TABLE OF CONTENTS.—The table of contents of

21 this Act is as follows:

Sec. 1. Short titles; table of contents.

TITLE I—WILDLIFE RESTORATION

Sec. 101. Expenditures for administration.

Sec. 102. Firearm and bow hunter education and safety program grants.

Sec. 103. Multistate conservation grant program.

Sec. 104. Miscellaneous provision.

TITLE II—SPORT FISH RESTORATION
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Sec. 201. Expenditures for administration.

Sec. 202. Multistate conservation grant program.

Sec. 203. Certifications.

Sec. 204. Period of availability.

Sec. 205. Conforming amendment.

TITLE III—WILDLIFE AND SPORT FISH RESTORATION PROGRAMS

Sec. 301. Designation of programs.

Sec. 302. Assistant Director for Wildlife and Sport Fish Restoration Programs.

Sec. 303. Chief of Division of Federal Aid.

Sec. 304. Implementation report.

1 TITLE I—WILDLIFE

2 RESTORATION

3 SEC. 101. EXPENDITURES FOR ADMINISTRATION.

4 (a) SET-ASIDE FOR ADMINISTRATIVE EXPENSES.—

5 Section 4 of the Pittman-Robertson Wildlife Restoration

6 Act (16 U.S.C. 669c) is amended—

7 (1) by redesignating subsection (b) as sub8 section (c);

9 (2) by striking ‘‘SEC. 4.’’ and all that follows

10 through the end of the first sentence of subsection

11 (a) and inserting the following:

12 ‘‘SEC. 4. ALLOCATION AND APPORTIONMENT OF AVAIL13 ABLE AMOUNTS.

14 ‘‘(a) SET-ASIDE FOR ADMINISTRATIVE EXPENSES.—

15 ‘‘(1) IN GENERAL.—

16 ‘‘(A) SET-ASIDE.—For fiscal year 2001

17 and each fiscal year thereafter, of the revenues

18 (excluding interest accruing under section 3(b))

19 covered into the fund for the fiscal year, the

20 Secretary of the Interior may use not more
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1 than the available amount specified in subpara2 graph (B) for the fiscal year for administrative

3 expenses incurred in implementation of this

4 Act, in accordance with this subsection and sec5 tion 9.

6 ‘‘(B) AVAILABLE AMOUNTS.—The available

7 amount referred to in subparagraph (A) is—

8 ‘‘(i) for fiscal year 2001, $7,090,000;

9 ‘‘(ii) for fiscal year 2002, $6,710,000;

10 ‘‘(iii) for fiscal year 2003, $6,330,000;

11 and

12 ‘‘(iv) for fiscal year 2004 and each fis13 cal year thereafter, the sum of—

14 ‘‘(I) the available amount for the

15 preceding fiscal year; and

16 ‘‘(II) the amount determined by

17 multiplying—

18 ‘‘(aa) the available amount

19 for the preceding fiscal year; and

20 ‘‘(bb) the change, relative to

21 the preceding fiscal year, in the

22 Consumer Price Index for All

23 Urban Consumers published by

24 the Department of Labor.
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1 ‘‘(2) PERIOD OF AVAILABILITY; APPORTION2 MENT OF UNOBLIGATED AMOUNTS.—

3 ‘‘(A) IN GENERAL.—

4 ‘‘(i) PERIOD OF AVAILABILITY.—For

5 each fiscal year, the available amount

6 under paragraph (1) shall remain available

7 for obligation for use under that paragraph

8 until the end of the fiscal year.

9 ‘‘(ii) APPORTIONMENT OF UNOBLI10 GATED AMOUNTS.—Not later than 60 days

11 after the end of a fiscal year, the Secretary

12 of the Interior shall apportion among the

13 States any of the available amount under

14 paragraph (1) that remains unobligated at

15 the end of the fiscal year, on the same

16 basis and in the same manner as other

17 amounts made available under this Act are

18 apportioned among the States for the fiscal

19 year.

20 ‘‘(B) CERTIFICATION AND PUBLICATION

21 OF AMOUNTS.—Not later than 30 days after

22 the end of each fiscal year, the Secretary of the

23 Interior shall—
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1 ‘‘(i) certify in writing to the Secretary

2 of the Treasury and to each State fish and

3 game department—

4 ‘‘(I) the amount apportioned

5 under subparagraph (A) to each State

6 in the most recent apportionment

7 under that subparagraph; and

8 ‘‘(II) the amounts obligated by

9 the Secretary of the Interior during

10 the fiscal year for administrative ex11 penses incurred in implementation of

12 this Act; and

13 ‘‘(ii) publish in the Federal Register

14 the amounts certified under clause (i).

15 ‘‘(b) APPORTIONMENT TO STATES.—’’; and

16 (3) in subsection (b) (as designated by para17 graph (2)), by striking ‘‘after making the aforesaid

18 deduction, shall apportion, except as provided in

19 subsection (b) of this section,’’ and inserting ‘‘after

20 deducting the available amount under subsection (a),

21 the amount apportioned under subsection (c), any

22 amount apportioned under section 8A, and amounts

23 provided as grants under sections 10 and 11, shall

24 apportion’’.
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1 (b) REQUIREMENTS AND RESTRICTIONS CON2 CERNING USE OF AMOUNTS FOR ADMINISTRATIVE EX3 PENSES.—Section 9 of the Pittman-Robertson Wildlife

4 Restoration Act (16 U.S.C. 669h) is amended to read as

5 follows:

6 ‘‘SEC. 9. REQUIREMENTS AND RESTRICTIONS CONCERNING

7 USE OF AMOUNTS FOR ADMINISTRATIVE EX8 PENSES.

9 ‘‘(a) AUTHORIZED ADMINISTRATIVE COSTS.—The

10 Secretary of the Interior may use available amounts under

11 section 4(a)(1) only for administrative expenses that di12 rectly support the implementation of this Act, consisting

13 of—

14 ‘‘(1) personnel costs of employees who directly

15 administer this Act on a full-time basis;

16 ‘‘(2) personnel costs of employees who directly

17 administer this Act on a part-time basis for at least

18 20 hours each week, not to exceed the portion of

19 those costs incurred with respect to the work hours

20 of an employee during which the employee directly

21 administers this Act, as those hours are certified by

22 the supervisor of the employee;

23 ‘‘(3) support costs directly associated with per24 sonnel costs authorized under paragraphs (1) and

25 (2), excluding costs associated with staffing and op-
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1 eration of regional offices of the United States Fish

2 and Wildlife Service and the Department of the In3 terior other than for the purposes of this Act;

4 ‘‘(4) costs of determining under section 6(a)

5 whether State comprehensive plans and projects are

6 substantial in character and design;

7 ‘‘(5) overhead costs, including the costs of gen8 eral administrative services, that are directly attrib9 utable to administration of this Act and are deter10 mined based on the direct cost allocation method in

11 accordance with generally accepted accounting prin12 ciples;

13 ‘‘(6) costs incurred in auditing, every 5 years,

14 the wildlife and sport fish activities of each State

15 fish and game department and the use of funds

16 under section 6 by each State fish and game depart17 ment;

18 ‘‘(7) costs of audits under subsection (d);

19 ‘‘(8) costs of necessary training of Federal and

20 State full-time personnel who administer this Act to

21 improve administration of this Act;

22 ‘‘(9) costs of travel to States, territories, and

23 Canada by personnel who—
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1 ‘‘(A) administer this Act on a full-time

2 basis for purposes directly related to adminis3 tration of State programs or projects; or

4 ‘‘(B) administer grants under section 6,

5 10, or 11;

6 ‘‘(10) costs of travel by personnel outside the

7 United States (except travel to Canada) that relates

8 directly to administration of this Act and that is ap9 proved directly by the Assistant Secretary for Fish

10 and Wildlife and Parks;

11 ‘‘(11) relocation expenses for personnel who,

12 after relocation, will administer this Act on a full13 time basis for at least 1 year, as certified by the Di14 rector of the United States Fish and Wildlife Service

15 at the time at which the relocation expenses are in16 curred; and

17 ‘‘(12) costs to audit, evaluate, approve, dis18 approve, and advise concerning grants under section

19 6, 10, or 11.

20 ‘‘(b) UNAUTHORIZED COSTS.—Use of funds for a

21 cost to administer this Act shall not be deemed to be au22 thorized by reason of the fact that incurrence of the cost

23 is not expressly prohibited by this Act.

24 ‘‘(c) RESTRICTION ON USE TO SUPPLEMENT GEN25 ERAL APPROPRIATIONS.—The Secretary of the Interior
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1 shall not use available amounts under section 4(a)(1) to

2 supplement the funding of any function for which general

3 appropriations are made for the United States Fish and

4 Wildlife Service or any other entity of the Department of

5 the Interior.

6 ‘‘(d) AUDIT REQUIREMENT.—

7 ‘‘(1) IN GENERAL.—The Inspector General of

8 the Department of the Interior shall procure the

9 performance of biennial audits, in accordance with

10 generally accepted accounting principles, of expendi11 tures and obligations of amounts used by the Sec12 retary of the Interior for administrative expenses in13 curred in implementation of this Act.

14 ‘‘(2) AUDITOR.—

15 ‘‘(A) IN GENERAL.—An audit under this

16 subsection shall be performed under a contract

17 that is awarded under competitive procedures

18 (as defined in section 4 of the Office of Federal

19 Procurement Policy Act (41 U.S.C. 403)) by a

20 person or entity that is not associated in any

21 way with the Department of the Interior (ex22 cept by way of a contract for the performance

23 of an audit).

24 ‘‘(B) SUPERVISION OF AUDITOR.—The

25 auditor selected under subparagraph (A) shall
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1 report to, and be supervised by, the Inspector

2 General of the Department of the Interior, ex3 cept that the auditor shall submit a copy of the

4 biennial audit findings to the Secretary of the

5 Interior at the time at which the findings are

6 submitted to the Inspector General of the De7 partment of the Interior.

8 ‘‘(3) REPORT TO CONGRESS.—The Inspector

9 General of the Department of the Interior shall

10 promptly report to the Committee on Resources of

11 the House of Representatives and the Committee on

12 Environment and Public Works of the Senate on the

13 results of each audit under this subsection.

14 ‘‘(e) CERTIFICATIONS TO CONGRESS.—

15 ‘‘(1) AT END OF EACH FISCAL YEAR.—

16 ‘‘(A) IN GENERAL.—Not later than 90

17 days after the end of each fiscal year, the Sec18 retary of the Interior shall certify in writing to

19 the Committee on Resources of the House of

20 Representatives and the Committee on Environ21 ment and Public Works of the Senate, with re22 spect to the fiscal year—

23 ‘‘(i) the amounts used under section

24 4(a)(1) and a breakdown of the categories

25 for which the amounts were used;
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1 ‘‘(ii) the amounts apportioned to

2 States under section 4(a)(2);

3 ‘‘(iii) the results of the audits per4 formed under subsection (d);

5 ‘‘(iv) that all amounts used under sec6 tion 4(a)(1) were necessary for administra7 tive expenses incurred in implementation of

8 this Act; and

9 ‘‘(v) that the Secretary of the Inte10 rior, the Assistant Secretary for Fish and

11 Wildlife and Parks, the Director of the

12 United States Fish and Wildlife Service,

13 and the Assistant Director for Wildlife and

14 Sport Fish Restoration Programs each

15 properly discharged their duties under this

16 Act.

17 ‘‘(B) LIMITATION ON DELEGATION.—The

18 Secretary of the Interior shall not delegate the

19 responsibility for making a certification under

20 subparagraph (A) to any person except the As21 sistant Secretary for Fish and Wildlife and

22 Parks.

23 ‘‘(2) AT BEGINNING OF EACH FISCAL YEAR.—

24 Not later than 60 days after the beginning of each

25 fiscal year, the Assistant Director for Wildlife and
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1 Sport Fish Restoration Programs shall certify to the

2 Committee on Resources of the House of Represent3 atives and the Committee on Environment and Pub4 lic Works of the Senate, with respect to the fiscal

5 year—

6 ‘‘(A) the amounts that will be used in the

7 fiscal year under section 4(a)(1) and a break8 down of the categories for which the amounts

9 will be used; and

10 ‘‘(B) a description of how the funds to be

11 used are necessary for administration of this

12 Act.

13 ‘‘(3) PUBLICATION OF CERTIFICATIONS.—The

14 Secretary of the Interior shall promptly publish in

15 the Federal Register each certification under this

16 subsection.

17 ‘‘(f) CERTIFICATION TO STATE FISH AND GAME DE18 PARTMENTS.—Not later than 30 days after the end of

19 each fiscal year, the Assistant Director for Wildlife and

20 Sport Fish Restoration Programs shall—

21 ‘‘(1) certify that—

22 ‘‘(A) all amounts used in that fiscal year

23 to administer this Act by agency headquarters

24 and by regional offices of the United States
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1 Fish and Wildlife Service were used in accord2 ance with this Act; and

3 ‘‘(B) all expenditures described in subpara4 graph (A) were necessary to administer this

5 Act; and

6 ‘‘(2) provide a copy of the certification under

7 paragraph (1) to each State fish and game depart8 ment.’’.

9 (c) CONFORMING AMENDMENT.—Section 8(b) of the

10 Pittman-Robertson Wildlife Restoration Act (16 U.S.C.

11 669g(b)) is amended in the first sentence by striking ‘‘sec12 tion 4(b) of this Act’’ and inserting ‘‘section 4(c)’’.

13 SEC. 102. FIREARM AND BOW HUNTER EDUCATION AND

14 SAFETY PROGRAM GRANTS.

15 The Pittman-Robertson Wildlife Restoration Act is

16 amended—

17 (1) by redesignating section 10 (16 U.S.C.

18 669i) as section 12; and

19 (2) by inserting after section 9 (16 U.S.C.

20 669h) the following:

21 ‘‘SEC. 10. FIREARM AND BOW HUNTER EDUCATION AND

22 SAFETY PROGRAM GRANTS.

23 ‘‘(a) IN GENERAL.—Of the revenues covered into the

24 fund for a fiscal year, $15,000,000 shall be apportioned

25 among the States in the manner specified in section 4(b)
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1 by the Secretary of the Interior and used to make grants

2 to the States to be used for—

3 ‘‘(1) the enhancement of hunter education pro4 grams, hunter and sporting firearm safety programs,

5 and hunter development programs;

6 ‘‘(2) the enhancement of interstate coordination

7 and development of hunter education and shooting

8 range programs;

9 ‘‘(3) the enhancement of bow hunter and arch10 ery education, safety, and development programs;

11 and

12 ‘‘(4) the enhancement of construction or devel13 opment of firearm shooting ranges and archery

14 ranges, and the updating of safety features of fire15 arm shooting ranges and archery ranges.

16 ‘‘(b) COST SHARING.—The Federal share of the cost

17 of any activity carried out with a grant under this section

18 shall not exceed 75 percent of the total cost of the activity.

19 ‘‘(c) PERIOD OF AVAILABILITY; REAPPORTION20 MENT.—

21 ‘‘(1) PERIOD OF AVAILABILITY.—A grant under

22 this section shall remain available only for the fiscal

23 year for which the grant is made.

24 ‘‘(2) REAPPORTIONMENT.—At the end of the

25 period of availability under paragraph (1), the Sec-
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1 retary of the Interior shall apportion any grant

2 funds that remain available among the States in the

3 manner specified in section 4(b) for use by the

4 States in accordance with this section.’’.

5 SEC. 103. MULTISTATE CONSERVATION GRANT PROGRAM.

6 The Pittman-Robertson Wildlife Restoration Act (as

7 amended by section 102) is amended by inserting after

8 section 10 the following:

9 ‘‘SEC. 11. MULTISTATE CONSERVATION GRANT PROGRAM.

10 ‘‘(a) IN GENERAL.—

11 ‘‘(1) AMOUNT FOR GRANTS.—Not more than

12 $3,500,000 of the revenues covered into the fund for

13 a fiscal year shall be available to the Secretary of

14 the Interior for making multistate conservation

15 project grants in accordance with this section.

16 ‘‘(2) PERIOD OF AVAILABILITY; APPORTION17 MENT.—

18 ‘‘(A) PERIOD OF AVAILABILITY.—A grant

19 under this subsection shall remain available

20 only for the fiscal year for which the grant is

21 made and the following fiscal year.

22 ‘‘(B) APPORTIONMENT.—At the end of the

23 period of availability under subparagraph (A),

24 the Secretary of the Interior shall apportion

25 any grant funds that remain available among
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1 the States in the manner specified in section

2 4(b) for use by the States in the same manner

3 as funds apportioned under section 4(b).

4 ‘‘(b) SELECTION OF PROJECTS.—

5 ‘‘(1) STATES OR ENTITIES TO BE BENE6 FITED.—A project shall not be eligible for a grant

7 under this section unless the project will benefit—

8 ‘‘(A) at least 26 States;

9 ‘‘(B) a majority of the States in a region

10 of the United States Fish and Wildlife Service;

11 or

12 ‘‘(C) a regional association of State fish

13 and game departments.

14 ‘‘(2) USE OF SUBMITTED PRIORITY LIST OF

15 PROJECTS.—The Secretary of the Interior may

16 award grants under this section only for projects

17 identified on a priority list of wildlife restoration

18 projects described in paragraph (3).

19 ‘‘(3) PRIORITY LIST OF PROJECTS.—A priority

20 list referred to in paragraph (2) is a priority list of

21 projects that the International Association of Fish

22 and Wildlife Agencies—

23 ‘‘(A) prepares through a committee com24 prised of the heads of State fish and game de-
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1 partments (or their designees), in consultation

2 with—

3 ‘‘(i) nongovernmental organizations

4 that represent conservation organizations;

5 ‘‘(ii) sportsmen organizations; and

6 ‘‘(iii) industries that support or pro7 mote hunting, trapping, recreational shoot8 ing, bow hunting, or archery;

9 ‘‘(B) approves by vote of a majority of the

10 heads of State fish and game departments (or

11 their designees); and

12 ‘‘(C) not later than October 1 of each fis13 cal year, submits to the Assistant Director for

14 Wildlife and Sport Fish Restoration Programs.

15 ‘‘(4) PUBLICATION.—The Assistant Director for

16 Wildlife and Sport Fish Restoration Programs shall

17 publish in the Federal Register each priority list

18 submitted under paragraph (3)(C).

19 ‘‘(c) ELIGIBLE GRANTEES.—

20 ‘‘(1) IN GENERAL.—The Secretary of the Inte21 rior may make a grant under this section only to—

22 ‘‘(A) a State or group of States; or

23 ‘‘(B) subject to paragraph (2), a non24 governmental organization.

25 ‘‘(2) NONGOVERNMENTAL ORGANIZATIONS.—
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1 ‘‘(A) IN GENERAL.—Any nongovernmental

2 organization that applies for a grant under this

3 section shall submit with the application to the

4 International Association of Fish and Wildlife

5 Agencies a certification that the organization—

6 ‘‘(i) does not promote or encourage

7 opposition to the regulated hunting or

8 trapping of wildlife; and

9 ‘‘(ii) will use any funds awarded

10 under this section in compliance with sub11 section (d).

12 ‘‘(B) PENALTIES FOR CERTAIN ACTIVI13 TIES.—Any nongovernmental organization that

14 is found to promote or encourage opposition to

15 the regulated hunting or trapping of wildlife or

16 that does not use funds in compliance with sub17 section (d) shall return all funds received under

18 this section and be subject to any other pen19 alties under law.

20 ‘‘(d) USE OF GRANTS.—A grant under this section

21 shall not be used for an activity, project, or program that

22 promotes or encourages opposition to the regulated hunt23 ing or trapping of wildlife.

24 ‘‘(e) CLARIFICATION.—No activity undertaken by the

25 personnel of a State fish and game department, other
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1 State agency, or organization of State fish and game de2 partments under this section shall constitute the giving

3 of advice or a recommendation for 1 or more agencies or

4 officers of the Federal Government.’’.

5 SEC. 104. MISCELLANEOUS PROVISION.

6 Section 5 of the Pittman-Robertson Wildlife Restora7 tion Act (16 U.S.C. 669d) is amended in the first sentence

8 by inserting ‘‘, at the time at which a deduction or appor9 tionment is made,’’ after ‘‘certify’’.

10 TITLE II—SPORT FISH

11 RESTORATION

12 SEC. 201. EXPENDITURES FOR ADMINISTRATION.

13 (a) SET-ASIDE FOR ADMINISTRATIVE EXPENSES.—

14 Section 4 of the Dingell-Johnson Sport Fish Restoration

15 Act (16 U.S.C. 777c) is amended by striking subsection

16 (d) and inserting the following:

17 ‘‘(d) SET-ASIDE FOR ADMINISTRATIVE EXPENSES.—

18 ‘‘(1) IN GENERAL.—

19 ‘‘(A) SET-ASIDE.—For fiscal year 2001

20 and each fiscal year thereafter, of the balance

21 of each such annual appropriation remaining

22 after the distribution and use under subsections

23 (a), (b), and (c) and section 14, the Secretary

24 of the Interior may use not more than the avail25 able amount specified in subparagraph (B) for
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1 the fiscal year for administrative expenses in2 curred in implementation of this Act, in accord3 ance with this subsection and section 9.

4 ‘‘(B) AVAILABLE AMOUNTS.—The available

5 amount referred to in subparagraph (A) is—

6 ‘‘(i) for fiscal year 2001, $7,090,000;

7 ‘‘(ii) for fiscal year 2002, $6,710,000;

8 ‘‘(iii) for fiscal year 2003, $6,330,000;

9 and

10 ‘‘(iv) for fiscal year 2004 and each fis11 cal year thereafter, the sum of—

12 ‘‘(I) the available amount for the

13 preceding fiscal year; and

14 ‘‘(II) the amount determined by

15 multiplying—

16 ‘‘(aa) the available amount

17 for the preceding fiscal year; and

18 ‘‘(bb) the change, relative to

19 the preceding fiscal year, in the

20 Consumer Price Index for All

21 Urban Consumers published by

22 the Department of Labor.

23 ‘‘(2) PERIOD OF AVAILABILITY; APPORTION24 MENT OF UNOBLIGATED AMOUNTS.—
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1 ‘‘(A) PERIOD OF AVAILABILITY.—For each

2 fiscal year, the available amount under para3 graph (1) shall remain available for obligation

4 for use under that paragraph until the end of

5 the fiscal year.

6 ‘‘(B) APPORTIONMENT OF UNOBLIGATED

7 AMOUNTS.—Not later than 60 days after the

8 end of a fiscal year, the Secretary of the Inte9 rior shall apportion among the States any of

10 the available amount under paragraph (1) that

11 remains unobligated at the end of the fiscal

12 year, on the same basis and in the same man13 ner as other amounts made available under this

14 Act are apportioned among the States under

15 subsection (e) for the fiscal year.’’.

16 (b) REQUIREMENTS AND RESTRICTIONS CON17 CERNING USE OF AMOUNTS FOR ADMINISTRATIVE EX18 PENSES.—Section 9 of the Dingell-Johnson Sport Fish

19 Restoration Act (16 U.S.C. 777h) is amended to read as

20 follows:

21 ‘‘SEC. 9. REQUIREMENTS AND RESTRICTIONS CONCERNING

22 USE OF AMOUNTS FOR ADMINISTRATIVE EX23 PENSES.

24 ‘‘(a) AUTHORIZED ADMINISTRATIVE COSTS.—The

25 Secretary of the Interior may use available amounts under
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1 section 4(d) only for administrative expenses that directly

2 support the implementation of this Act, consisting of—

3 ‘‘(1) personnel costs of employees who directly

4 administer this Act on a full-time basis;

5 ‘‘(2) personnel costs of employees who directly

6 administer this Act on a part-time basis for at least

7 20 hours each week, not to exceed the portion of

8 those costs incurred with respect to the work hours

9 of an employee during which the employee directly

10 administers this Act, as those hours are certified by

11 the supervisor of the employee;

12 ‘‘(3) support costs directly associated with per13 sonnel costs authorized under paragraphs (1) and

14 (2), excluding costs associated with staffing and op15 eration of regional offices of the United States Fish

16 and Wildlife Service and the Department of the In17 terior other than for the purposes of this Act;

18 ‘‘(4) costs of determining under section 6(a)

19 whether State comprehensive plans and projects are

20 substantial in character and design;

21 ‘‘(5) overhead costs, including the costs of gen22 eral administrative services, that are directly attrib23 utable to administration of this Act and are deter24 mined based on the direct cost allocation method in
24

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1 accordance with generally accepted accounting prin2 ciples;

3 ‘‘(6) costs incurred in auditing, every 5 years,

4 the wildlife and sport fish activities of each State

5 fish and game department and the use of funds

6 under section 6 by each State fish and game depart7 ment;

8 ‘‘(7) costs of audits under subsection (d);

9 ‘‘(8) costs of necessary training of Federal and

10 State full-time personnel who administer this Act to

11 improve administration of this Act;

12 ‘‘(9) costs of travel to States, territories, and

13 Canada by personnel who—

14 ‘‘(A) administer this Act on a full-time

15 basis for purposes directly related to adminis16 tration of State programs or projects; or

17 ‘‘(B) administer grants under section 6 or

18 14;

19 ‘‘(10) costs of travel by personnel outside the

20 United States (except travel to Canada) that relates

21 directly to administration of this Act and that is ap22 proved directly by the Assistant Secretary for Fish

23 and Wildlife and Parks;

24 ‘‘(11) relocation expenses for personnel who,

25 after relocation, will administer this Act on a full-
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1 time basis for at least 1 year, as certified by the Di2 rector of the United States Fish and Wildlife Service

3 at the time at which the relocation expenses are in4 curred; and

5 ‘‘(12) costs to audit, evaluate, approve, dis6 approve, and advise concerning grants under section

7 6 or 14.

8 ‘‘(b) UNAUTHORIZED COSTS.—Use of funds for a

9 cost to administer this Act shall not be deemed to be au10 thorized by reason of the fact that incurrence of the cost

11 is not expressly prohibited by this Act.

12 ‘‘(c) RESTRICTION ON USE TO SUPPLEMENT GEN13 ERAL APPROPRIATIONS.—The Secretary of the Interior

14 shall not use available amounts under section 4(d) to sup15 plement the funding of any function for which general ap16 propriations are made for the United States Fish and

17 Wildlife Service or any other entity of the Department of

18 the Interior.

19 ‘‘(d) AUDIT REQUIREMENT.—

20 ‘‘(1) IN GENERAL.—The Inspector General of

21 the Department of the Interior shall procure the

22 performance of biennial audits, in accordance with

23 generally accepted accounting principles, of expendi24 tures and obligations of amounts used by the Sec-
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1 retary of the Interior for administrative expenses in2 curred in implementation of this Act.

3 ‘‘(2) AUDITOR.—

4 ‘‘(A) IN GENERAL.—An audit under this

5 subsection shall be performed under a contract

6 that is awarded under competitive procedures

7 (as defined in section 4 of the Office of Federal

8 Procurement Policy Act (41 U.S.C. 403)) by a

9 person or entity that is not associated in any

10 way with the Department of the Interior (ex11 cept by way of a contract for the performance

12 of an audit).

13 ‘‘(B) SUPERVISION OF AUDITOR.—The

14 auditor selected under subparagraph (A) shall

15 report to, and be supervised by, the Inspector

16 General of the Department of the Interior, ex17 cept that the auditor shall submit a copy of the

18 biennial audit findings to the Secretary of the

19 Interior at the time at which the findings are

20 submitted to the Inspector General of the De21 partment of the Interior.

22 ‘‘(3) REPORT TO CONGRESS.—The Inspector

23 General of the Department of the Interior shall

24 promptly report to the Committee on Resources of

25 the House of Representatives and the Committee on
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1 Environment and Public Works of the Senate on the

2 results of each audit under this subsection.

3 ‘‘(e) CERTIFICATION TO CONGRESS.—

4 ‘‘(1) AT END OF EACH FISCAL YEAR.—Not

5 later than 90 days after the end of each fiscal year,

6 the Secretary of the Interior shall certify in writing

7 to the Committee on Resources of the House of Rep8 resentatives and the Committee on Environment and

9 Public Works of the Senate, with respect to the fis10 cal year—

11 ‘‘(A) the amounts used under section 4(d)

12 and a breakdown of the categories for which the

13 amounts were used;

14 ‘‘(B) the amounts apportioned to States

15 under section 4(d)(2)(A);

16 ‘‘(C) the results of the audits performed

17 under subsection (d);

18 ‘‘(D) that all amounts used under section

19 4(d) were necessary for administrative expenses

20 incurred in implementation of this Act; and

21 ‘‘(E) that the Secretary of the Interior, the

22 Assistant Secretary for Fish and Wildlife and

23 Parks, the Director of the United States Fish

24 and Wildlife Service, and the Assistant Director

25 for Wildlife and Sport Fish Restoration Pro-
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1 grams each properly discharged their duties

2 under this Act.

3 ‘‘(2) LIMITATION ON DELEGATION.—The Sec4 retary of the Interior shall not delegate the responsi5 bility for making a certification under paragraph (1)

6 to any person except the Assistant Secretary for

7 Fish and Wildlife and Parks.

8 ‘‘(3) PUBLICATION OF CERTIFICATIONS.—The

9 Secretary of the Interior shall promptly publish in

10 the Federal Register each certification under this

11 subsection.

12 ‘‘(f) CERTIFICATION TO STATE FISH AND GAME DE13 PARTMENTS.—Not later than 30 days after the end of

14 each fiscal year, the Assistant Director for Wildlife and

15 Sport Fish Restoration Programs shall—

16 ‘‘(1) certify that—

17 ‘‘(A) all amounts used in that fiscal year

18 to administer this Act by agency headquarters

19 and by regional offices of the United States

20 Fish and Wildlife Service were used in accord21 ance with this Act; and

22 ‘‘(B) all expenditures described in subpara23 graph (A) were necessary to administer this

24 Act; and
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1 ‘‘(2) provide a copy of the certification under

2 paragraph (1) to each State fish and game depart3 ment.’’.

4 SEC. 202. MULTISTATE CONSERVATION GRANT PROGRAM.

5 (a) ESTABLISHMENT OF PROGRAM.—The Dingell6 Johnson Sport Fish Restoration Act is amended by strik7 ing the section 13 relating to effective date (16 U.S.C.

8 777 note) and inserting the following:

9 ‘‘SEC. 14. MULTISTATE CONSERVATION GRANT PROGRAM.

10 ‘‘(a) IN GENERAL.—

11 ‘‘(1) AMOUNT FOR GRANTS.—Of the balance of

12 each annual appropriation made under section 3 re13 maining after the distribution and use under sub14 sections (a), (b), and (c) of section 4 in a fiscal year,

15 not more than $3,500,000 shall be available to the

16 Secretary of the Interior for making multistate con17 servation project grants in accordance with this sec18 tion.

19 ‘‘(2) PERIOD OF AVAILABILITY; APPORTION20 MENT.—

21 ‘‘(A) PERIOD OF AVAILABILITY.—A grant

22 under this subsection shall remain available

23 only for the fiscal year for which the grant is

24 made and the following fiscal year.
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1 ‘‘(B) APPORTIONMENT.—At the end of the

2 period of availability under subparagraph (A),

3 the Secretary of the Interior shall apportion

4 any grant funds that remain available among

5 the States in the manner specified in section

6 4(e) for use by the States in the same manner

7 as funds apportioned under section 4(e).

8 ‘‘(b) SELECTION OF PROJECTS.—

9 ‘‘(1) STATES OR ENTITIES TO BE BENE10 FITED.—A project shall not be eligible for a grant

11 under this section unless the project will benefit—

12 ‘‘(A) at least 26 States;

13 ‘‘(B) a majority of the States in a region

14 of the United States Fish and Wildlife Service;

15 or

16 ‘‘(C) a regional association of State fish

17 and game departments.

18 ‘‘(2) USE OF SUBMITTED PRIORITY LIST OF

19 PROJECTS.—The Secretary of the Interior may

20 award grants under this section only for projects

21 identified on a priority list of sport fish restoration

22 projects described in paragraph (3).

23 ‘‘(3) PRIORITY LIST OF PROJECTS.—A priority

24 list referred to in paragraph (2) is a priority list of
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1 projects that the International Association of Fish

2 and Wildlife Agencies—

3 ‘‘(A) prepares through a committee com4 prised of the heads of State fish and game de5 partments (or their designees), in consultation

6 with—

7 ‘‘(i) nongovernmental organizations

8 that represent conservation organizations;

9 ‘‘(ii) sportsmen organizations; and

10 ‘‘(iii) industries that fund the sport

11 fish restoration programs under this Act;

12 ‘‘(B) approves by vote of a majority of the

13 heads of State fish and game departments (or

14 their designees); and

15 ‘‘(C) not later than October 1 of each fis16 cal year, submits to the Assistant Director for

17 Wildlife and Sport Fish Restoration Programs.

18 ‘‘(4) PUBLICATION.—The Assistant Director for

19 Wildlife and Sport Fish Restoration Programs shall

20 publish in the Federal Register each priority list

21 submitted under paragraph (3)(C).

22 ‘‘(c) ELIGIBLE GRANTEES.—

23 ‘‘(1) IN GENERAL.—The Secretary of the Inte24 rior may make a grant under this section only to—

25 ‘‘(A) a State or group of States; or
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1 ‘‘(B) subject to paragraph (2), a non2 governmental organization.

3 ‘‘(2) NONGOVERNMENTAL ORGANIZATIONS.—

4 ‘‘(A) IN GENERAL.—Any nongovernmental

5 organization that applies for a grant under this

6 section shall submit with the application to the

7 International Association of Fish and Wildlife

8 Agencies a certification that the organization—

9 ‘‘(i) does not promote or encourage

10 opposition to the regulated taking of fish;

11 and

12 ‘‘(ii) will use any funds awarded

13 under this section in compliance with sub14 section (d).

15 ‘‘(B) PENALTIES FOR CERTAIN ACTIVI16 TIES.—Any nongovernmental organization that

17 is found to promote or encourage opposition to

18 the regulated taking of fish or that does not use

19 funds in compliance with subsection (d) shall

20 return all funds received under this section and

21 be subject to any other penalties under law.

22 ‘‘(d) USE OF GRANTS.—A grant under this section

23 shall not be used for an activity, project, or program that

24 promotes or encourages opposition to the regulated taking

25 of fish.
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1 ‘‘(e) CLARIFICATION.—No activity undertaken by the

2 personnel of a State fish and game department, other

3 State agency, or organization of State fish and game de4 partments under this section shall constitute the giving

5 of advice or a recommendation for 1 or more agencies or

6 officers of the Federal Government.

7 ‘‘(f) FUNDING FOR MARINE FISHERIES COMMIS8 SIONS.—Of the balance of each annual appropriation

9 made under section 3 remaining after the distribution and

10 use under subsections (a), (b), and (c) of section 4 for

11 each fiscal year and after deducting amounts used for

12 grants under subsection (a), $200,000 shall be made avail13 able for each of—

14 ‘‘(1) the Atlantic States Marine Fisheries Com15 mission;

16 ‘‘(2) the Gulf States Marine Fisheries Commis17 sion;

18 ‘‘(3) the Pacific States Marine Fisheries Com19 mission; and

20 ‘‘(4) the Great Lakes Fisheries Commission.’’.

21 (b) CONFORMING AMENDMENTS.—Section 4(e) of

22 the Dingell-Johnson Sport Fish Restoration Act (16

23 U.S.C. 777c(e)) is amended in the first sentence by insert24 ing ‘‘and after deducting amounts used for grants under

25 section 14,’’ after ‘‘respectively,’’.
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1 SEC. 203. CERTIFICATIONS.

2 Section 5 of the Dingell-Johnson Sport Fish Restora3 tion Act (16 U.S.C. 777d) is amended—

4 (1) by striking ‘‘SEC. 5.’’ and inserting the fol5 lowing:

6 ‘‘SEC. 5. CERTIFICATIONS.

7 ‘‘(a) ADMINISTRATIVE DEDUCTION AND STATE AP8 PORTIONMENTS.—’’;

9 (2) in subsection (a) (as designated by para10 graph (1)), by inserting ‘‘, at the time at which a

11 deduction or apportionment is made,’’ after ‘‘cer12 tify’’; and

13 (3) by adding at the end the following:

14 ‘‘(b) CERTIFICATION BY SECRETARY OF THE INTE15 RIOR AT END OF EACH FISCAL YEAR.—Not later than

16 30 days after the end of each fiscal year, the Secretary

17 of the Interior shall—

18 ‘‘(1) certify in writing to the Secretary of the

19 Treasury and to each State fish and game

20 department—

21 ‘‘(A) the amount apportioned under section

22 4(d)(2) to each State in the most recent appor23 tionment under that section for that fiscal year;

24 and

25 ‘‘(B) the amounts obligated by the Sec26 retary of the Interior during the fiscal year for
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1 administrative expenses incurred in implemen2 tation of this Act; and

3 ‘‘(2) publish in the Federal Register the

4 amounts certified under paragraph (1).

5 ‘‘(c) CERTIFICATION BY ASSISTANT DIRECTOR FOR

6 WILDLIFE AND SPORT FISH RESTORATION PROGRAMS.—

7 ‘‘(1) IN GENERAL.—Not later than 60 days

8 after the beginning of each fiscal year, the Assistant

9 Director for Wildlife and Sport Fish Restoration

10 Programs shall certify to the Committee on Re11 sources of the House of Representatives and the

12 Committee on Environment and Public Works of the

13 Senate, with respect to the fiscal year—

14 ‘‘(A) the amounts that will be used in the

15 fiscal year under section 4(d)(2) and a break16 down of the categories for which the amounts

17 will be used; and

18 ‘‘(B) a description of how the funds to be

19 used are necessary for administration of this

20 Act.

21 ‘‘(2) PUBLICATION IN FEDERAL REGISTER.—

22 The Secretary of the Interior shall promptly publish

23 in the Federal Register each certification under

24 paragraph (1).’’.
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1 SEC. 204. PERIOD OF AVAILABILITY.

2 Section 4(f) of the Dingell-Johnson Sport Fish Res3 toration Act (16 U.S.C. 777c(f)) is amended by striking

4 the first sentence and inserting ‘‘DEFINITION OF FISCAL

5 YEAR.—’’.

6 SEC. 205. CONFORMING AMENDMENT.

7 Section 9504(b)(2)(A) of the Internal Revenue Code

8 of 1986 is amended by striking ‘‘(as in effect on the date

9 of the enactment of the TEA 21 Restoration Act)’’ and

10 inserting ‘‘(as in effect on the date of enactment of the

11 Wildlife and Sport Fish Restoration Programs Improve12 ment Act of 2000)’’.

13 TITLE III—WILDLIFE AND SPORT

14 FISH RESTORATION PROGRAMS

15 SEC. 301. DESIGNATION OF PROGRAMS.

16 The programs established under the Pittman-Robert17 son Wildlife Restoration Act (16 U.S.C. 669 et seq.) and

18 the Dingell-Johnson Sport Fish Restoration Act (16

19 U.S.C. 777 et seq.) shall be known as the ‘‘Federal Assist20 ance Program for State Wildlife and Sport Fish Restora21 tion’’.

22 SEC. 302. ASSISTANT DIRECTOR FOR WILDLIFE AND SPORT

23 FISH RESTORATION PROGRAMS.

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

25 United States Fish and Wildlife Service of the Depart-
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1 ment of the Interior the position of Assistant Director for

2 Wildlife and Sport Fish Restoration Programs.

3 (b) SUPERIOR.—The Assistant Director for Wildlife

4 and Sport Fish Restoration Programs shall report directly

5 to the Director of the United States Fish and Wildlife

6 Service.

7 (c) RESPONSIBILITIES.—The Assistant Director for

8 Wildlife and Sport Fish Restoration Programs shall be

9 primarily responsible for the administration, management,

10 and oversight of the Federal Assistance Program for State

11 Wildlife and Sport Fish Restoration under the Pittman12 Robertson Wildlife Restoration Act (16 U.S.C. 669 et

13 seq.) and the Dingell-Johnson Sport Fish Restoration Act

14 (16 U.S.C. 777 et seq.).

15 SEC. 303. CHIEF OF DIVISION OF FEDERAL AID.

16 The Chief of the Division of Federal Aid of the De17 partment of the Interior, or any similar position, is abol18 ished, and the duties of that position are transferred to

19 the Assistant Director for Wildlife and Sport Fish Res20 toration Programs.

21 SEC. 304. IMPLEMENTATION REPORT.

22 (a) TIMING.—At the time at which the President sub23 mits a budget request for the Department of the Interior

24 for the third fiscal year that begins after the date of enact25 ment of this Act, the Secretary of the Interior shall submit
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1 to the Committee on Resources of the House of Represent2 atives and the Committee on Environment and Public

3 Works of the Senate a report on the steps that have been

4 taken to comply with this Act and the amendments made

5 by this Act.

6 (b) CONTENTS.—The report under subsection (a)

7 shall describe—

8 (1) the extent to which compliance with this Act

9 and the amendments made by this Act has required

10 a reduction in the number of personnel assigned to

11 administer, manage, and oversee the Federal Assist12 ance Program for State Wildlife and Sport Fish

13 Restoration;

14 (2) any revisions to this Act or the amendments

15 made by this Act that would be desirable in order

16 for the Secretary of the Interior to adequately ad17 minister the Programs and ensure that funds pro18 vided to State agencies are properly used; and

19 (3) any other information concerning the imple20 mentation of this Act and the amendments made by

21 this Act that the Secretary of the Interior considers

22 appropriate.

Æ