I 

117TH CONGRESS 

1ST SESSION H. R. 2773 

To amend the Pittman-Robertson Wildlife Restoration Act to make supplemental funds available for management of fish and wildlife species of 

greatest conservation need as determined by State fish and wildlife agencies, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 22, 2021 

Mrs. DINGELL (for herself, Mr. FORTENBERRY, Mr. SIMPSON, Mr. HILL, Miss 

GONZA ́LEZ-COLO ́N, Mr. AUSTIN SCOTT of Georgia, Mr. GRIJALVA, Mr. 

HUFFMAN, Mr. DEFAZIO, and Ms. PINGREE) introduced the following 

bill; which was referred to the Committee on Natural Resources 

A BILL 

To amend the Pittman-Robertson Wildlife Restoration Act 

to make supplemental funds available for management 

of fish and wildlife species of greatest conservation need 

as determined by State fish and wildlife agencies, and 

for other purposes. 

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’’. 


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1 TITLE I—WILDLIFE CONSERVA2 TION AND RESTORATION 

3 SEC. 101. WILDLIFE CONSERVATION AND RESTORATION 

4 SUBACCOUNT. 

5 (a) IN GENERAL.—Section 3 of the Pittman-Robert6 son Wildlife Restoration Act (16 U.S.C. 669b) is amended 

7 in subsection (c)— 

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

9 paragraphs (9) and (10); and 

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

11 following: 

12 ‘‘(1) ESTABLISHMENT OF SUBACCOUNT.— 

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

14 the fund a subaccount to be known as the 

15 ‘Wildlife Conservation and Restoration Sub16 account’ (referred to in this section as the ‘Sub17 account’). 

18 ‘‘(B) AVAILABILITY.—Amounts in the Sub19 account shall be available without further ap20 propriation, for each fiscal year, for apportion21 ment in accordance with this Act. 

22 ‘‘(C) DEPOSITS INTO SUBACCOUNT.—Be23 ginning in fiscal year 2022, the Secretary of the 

24 Treasury shall transfer $1,300,000,000 from 


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1 the general fund of the treasury each fiscal year 

2 to the fund for deposit in the Subaccount. 

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

4 transferred to the Subaccount shall supplement, but 

5 not replace, existing funds available to the States 

6 from— 

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

8 Dingell-Johnson Sport Fish Restoration Act 

9 (16 U.S.C. 777 et seq.); and 

10 ‘‘(B) the fund. 

11 ‘‘(3) INNOVATION GRANTS.— 

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

13 distribute 10 percent of funds apportioned from 

14 the Subaccount through a competitive grant 

15 program to State fish and wildlife departments, 

16 the District of Columbia fish and wildlife de17 partment, fish and wildlife departments of terri18 tories, or to regional associations of fish and 

19 wildlife departments (or any group composed of 

20 more than 1 such entity). 

21 ‘‘(B) PURPOSE.—Such grants shall be pro22 vided for the purpose of catalyzing innovation 

23 of techniques, tools, strategies, or collaborative 

24 partnerships that accelerate, expand, or rep25 licate effective and measurable recovery efforts 


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1 for species of greatest conservation need and 

2 species listed under the Endangered Species Act 

3 of 1973 (15 U.S.C. 1531 et seq.) and the habi4 tats of such species. 

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

6 shall appoint a review committee comprised 

7 of— 

8 ‘‘(i) a State Director from each re9 gional association of State fish and wildlife 

10 departments; 

11 ‘‘(ii) the head of a department respon12 sible for fish and wildlife management in a 

13 territory; and 

14 ‘‘(iii) four individuals representing 

15 four different nonprofit organizations each 

16 of which is actively participating in car17 rying out wildlife conservation restoration 

18 activities using funds apportioned from the 

19 Subaccount. 

20 ‘‘(D) SUPPORT FROM UNITED STATES FISH

21 AND WILDLIFE SERVICE.—The United States 

22 Fish and Wildlife Service shall provide any per23 sonnel or administrative support services nec24 essary for such Committee to carry out its re25 sponsibilities under this Act. 


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

2 evaluate each proposal submitted under this 

3 paragraph and recommend projects for funding, 

4 giving preference to solutions that accelerate 

5 the recovery of species identified as priorities 

6 through regional scientific assessments of spe7 cies of greatest conservation need. 

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

9 the Subaccount— 

10 ‘‘(A) shall be used to implement the Wild11 life Conservation Strategy of a State, territory, 

12 or the District of Columbia, as required under 

13 section 4(d), by carrying out, revising, or en14 hancing existing wildlife and habitat conserva15 tion and restoration programs and developing 

16 and implementing new wildlife conservation and 

17 restoration programs to recover and manage 

18 species of greatest conservation need and the 

19 key habitats and plant community types essen20 tial to the conservation of those species as de21 termined by the appropriate State fish and 

22 wildlife department; 

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

24 enhance the Wildlife Conservation Strategy of a 


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

2 may be required by this Act; 

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

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

5 District of Columbia that are listed as endan6 gered species, threatened species, candidate spe7 cies or species proposed for listing, or species 

8 petitioned for listing under the Endangered 

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

10 or under State law; 

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

12 education and wildlife-associated recreation 

13 projects, especially in historically underserved 

14 communities; 

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

16 greatest conservation need whose range is 

17 shared with another State, territory, Indian 

18 Tribe, or foreign government and for the con19 servation of the habitat of such species; 

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

21 prevent invasive species, disease, and other 

22 risks to species of greatest conservation need; 

23 and 

24 ‘‘(G) may be used for law enforcement ac25 tivities that are directly related to the protecVerDate Sep 11 2014 21:27 Jun 15, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H2773.IH H2773

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1 tion and conservation of a species of greatest 

2 conservation need and the habitat of such spe3 cies. 

4 ‘‘(5) MINIMUM REQUIRED SPENDING FOR EN5 DANGERED SPECIES RECOVERY.—Not less than an 

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

7 amounts apportioned to a State, territory, or the 

8 District of Columbia from the Subaccount shall be 

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

10 The Secretary may reduce the minimum requirement 

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

12 an annual basis if the Secretary determines that the 

13 State, territory, or the District of Columbia is meet14 ing the conservation and recovery needs of all spe15 cies described in paragraph (4)(C). 

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

17 REQUIRED.—Funds apportioned from the Sub18 account shall not be conditioned upon the provision 

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

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

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

22 fund matching requirement for a wildlife con23 servation or restoration program or project 

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


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1 the District of Columbia may use as matching 

2 non-Federal funds— 

3 ‘‘(i) funds from Federal agencies 

4 other than the Department of the Interior 

5 and the Department of Agriculture; 

6 ‘‘(ii) donated private lands and 

7 waters, including privately owned ease8 ments; 

9 ‘‘(iii) in circumstances described in 

10 subparagraph (B), revenue generated 

11 through the sale of State hunting and fish12 ing licenses; and 

13 ‘‘(iv) other sources consistent with 

14 part 80 of title 50, Code of Federal Regu15 lations, in effect on the date of enactment 

16 of the Recovering America’s Wildlife Act of 

17 2021. 

18 ‘‘(B) Revenue described in subparagraph 

19 (A)(iii) may only be used to fulfill the require20 ments of such non-Federal fund matching re21 quirement if— 

22 ‘‘(i) no Federal funds apportioned to 

23 the State fish and wildlife department of 

24 such State from the Wildlife Restoration 

25 Program or the Sport Fish Restoration 


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1 Program have been reverted because of a 

2 failure to fulfill such non-Federal fund 

3 matching requirement by such State dur4 ing the previous 2 years; and 

5 ‘‘(ii) the project or program being 

6 funded benefits the habitat of a hunted or 

7 fished species and a species of greatest 

8 conservation need. 

9 ‘‘(8) DEFINITIONS.—In this subsection, the fol10 lowing definitions apply: 

11 ‘‘(A) PARTNERSHIPS.—The term ‘partner12 ships’ may include collaborative efforts with 

13 Federal agencies, State agencies, local agencies, 

14 Indian Tribes, nonprofit organizations, aca15 demic institutions, industry groups, and private 

16 individuals to implement a State’s Wildlife Con17 servation Strategy. 

18 ‘‘(B) SPECIES OF GREATEST CONSERVA19 TION NEED.—The term ‘species of greatest con20 servation need’ may be fauna or flora, and may 

21 include terrestrial, aquatic, marine, and inverte22 brate species that are of low population, declin23 ing, rare, or facing threats and in need of con24 servation attention, as determined by each 


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1 State fish and wildlife department, with respect 

2 to funds apportioned to such State. 

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

4 terms ‘territory’ and ‘territories’ mean the 

5 Commonwealth of Puerto Rico, Guam, Amer6 ican Samoa, the Commonwealth of the North7 ern Mariana Islands, and the United States 

8 Virgin Islands. 

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

10 means any species of wild, freeranging fauna, 

11 including fish, and also fauna in captive breed12 ing programs the object of which is to reintro13 duce individuals of a depleted indigenous spe14 cies into previously occupied range.’’. 

15 (b) ALLOCATION AND APPORTIONMENT OF AVAIL16 ABLE AMOUNTS.—Section 4 of the Pittman-Robertson 

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

18 (1) in subsection (d)— 

19 (A) in paragraph (1)— 

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

21 ‘‘to the District of Columbia and to the 

22 Commonwealth of Puerto Rico, each’’ and 

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

24 (ii) in subparagraph (B)— 


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1 (I) by striking ‘‘to Guam’’ and 

2 inserting ‘‘To Guam’’; and 

3 (II) by striking ‘‘not more than 

4 one-fourth of one percent’’ and insert5 ing ‘‘not less than one-third of one 

6 percent’’; and 

7 (iii) by adding at the end the fol8 lowing: 

9 ‘‘(C) To the Commonwealth of Puerto 

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

11 thereof.’’; 

12 (B) in paragraph (2)(A)— 

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

14 follows: 

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

16 to which the land and water area of such State 

17 bears to the total land and water area of all 

18 such States;’’; 

19 (ii) in clause (ii)— 

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

21 inserting ‘‘one-quarter’’; and 

22 (II) by striking the period and 

23 inserting ‘‘; and’’; and 

24 (iii) by adding at the end the fol25 lowing: 


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

2 the ratio to which the number of species listed 

3 as endangered or threatened under the Endan4 gered Species Act of 1973 (15 U.S.C. 1531 et 

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

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

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

8 as follows: 

9 ‘‘(B) The amounts apportioned under this 

10 paragraph shall be adjusted equitably so that 

11 no such State, unless otherwise designated, 

12 shall be apportioned a sum which is less than 

13 1 percent or more than 5 percent of the amount 

14 available for apportionment under— 

15 ‘‘(i) subparagraph (A)(i); 

16 ‘‘(ii) subparagraph (A)(ii); and 

17 ‘‘(iii) the overall amount available for 

18 subparagraph (A).’’; and 

19 (D) in paragraph (3), by striking ‘‘3 per20 cent’’ and inserting ‘‘1.85 percent’’; and 

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

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

23 as follows: 

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

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


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1 State, territory, or the District of Columbia under 

2 this section for a wildlife conservation and restora3 tion program may be used for wildlife conservation 

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

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

6 as so amended, the following: 

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

8 states and territories that include plants among 

9 their species of greatest conservation need and 

10 in the conservation planning and habitat 

11 prioritization efforts of their Wildlife Conserva12 tion Strategy. Each eligible State, territory, or 

13 the District of Columbia shall receive an addi14 tional 5 percent of their apportioned amount. 

15 Any unallocated resources shall be allocated 

16 proportionally among all states and territories 

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

18 (3) by adding at the end following: 

19 ‘‘(f) MINIMIZATION OF PLANNING AND REPORT20 ING.—Nothing in this Act shall be interpreted to require 

21 a State to create a comprehensive strategy related to con22 servation education or outdoor recreation. 

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

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

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


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

2 work plan and budget for implementing its Wildlife Con3 servation Strategy and a report describing the results de4 rived from activities accomplished under subsection (c)(4) 

5 during the previous 3 years to— 

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

7 Works of the Senate; 

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

9 the House of Representatives; and 

10 ‘‘(3) the United States Fish and Wildlife Serv11 ice.’’. 

12 SEC. 102. TECHNICAL AMENDMENTS. 

13 (a) DEFINITIONS.—Section 2 of the Pittman-Robert14 son Wildlife Restoration Act (16 U.S.C. 669a) is amend15 ed— 

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

17 fish,’’; 

18 (2) by redesignating paragraphs (6) through 

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

20 (3) in paragraph (6), as redesignated by para21 graph (2), by inserting ‘‘Indian Tribes, academic in22 stitutions,’’ before ‘‘wildlife conservation organiza23 tions’’. 


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1 (b) CONFORMING AMENDMENTS.—The Pittman-Rob2 ertson Wildlife Restoration Act (16 U.S.C. 669a et seq.) 

3 is amended— 

4 (1) in section 3— 

5 (A) in subsection (a)— 

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

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

8 and 

9 (ii) by striking paragraph (2); 

10 (B) in subsection (c)— 

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

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

13 Indian tribe’’; and 

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

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

16 Conservation and Restoration Account’’ 

17 and inserting ‘‘Subaccount’’; and 

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

19 Conservation and Restoration Account’’ and in20 serting ‘‘Subaccount’’; 

21 (2) in section 4 (16 U.S.C. 669c)— 

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

23 (i) in the heading, by striking ‘‘AC24 COUNT’’ and inserting ‘‘SUBACCOUNT’’; 

25 and 


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

2 it appears and inserting ‘‘Subaccount’’; 

3 and 

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

5 by striking ‘‘Account’’ and inserting ‘‘Sub6 account’’; and 

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

8 (a), by striking ‘‘Account’’ and inserting ‘‘Sub9 account’’. 

10 SEC. 103. SAVINGS CLAUSE. 

11 The Pittman-Robertson Wildlife Restoration Act (16 

12 U.S.C. 669 et seq.) is amended— 

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

14 and 

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

16 ‘‘SEC. 13. SAVINGS CLAUSE. 

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

18 or diminish the authority, jurisdiction, or responsibility of 

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

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

21 waters within the State, including on Federal lands and 

22 waters. 


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1 ‘‘SEC. 14. 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 (Public Law 46–487, 16 U.S.C. 

6 3101 et seq.), then the provision in the Alaska National 

7 Interest Lands Conservation Act shall prevail.’’. 

8 TITLE II—TRIBAL WILDLIFE 

9 CONSERVATION AND RES10 TORATION 

11 SEC. 201. INDIAN TRIBES. 

12 (a) DEFINITIONS.—In this section: 

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

14 Tribal Wildlife Conservation and Restoration Ac15 count established by subsection (b)(1). 

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

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

18 Indian Self-Determination and Education Assistance 

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

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

21 the Secretary of the Interior. 

22 (4) TRIBAL SPECIES OF GREATEST CONSERVA23 TION NEED.—The term ‘‘Tribal species of greatest 

24 conservation need’’ means any species identified by 

25 an Indian Tribe as requiring conservation manage26 ment because of declining population, habitat loss, 


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1 or other threats, or because of their biological or cul2 tural importance to such Tribe. 

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

4 (A) any species of wild flora or fauna in5 cluding fish and marine mammals; 

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

7 rehabilitation, and holding or quarantine pro8 gram, the object of which is to reintroduce indi9 viduals of a depleted indigenous species into 

10 previously occupied range or to maintain a spe11 cies for conservation purposes; and 

12 (C) does not include game farm animals. 

13 (b) TRIBAL WILDLIFE CONSERVATION AND RES14 TORATION ACCOUNT.— 

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

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

17 Wildlife Conservation and Restoration Account’’. 

18 (2) AVAILABILITY.—Amounts in the Account 

19 shall be available for each fiscal year without further 

20 appropriation for apportionment in accordance with 

21 this title. 

22 (3) DEPOSITS.—Beginning in fiscal year 2022, 

23 and each fiscal year thereafter, the Secretary of the 

24 Treasury shall transfer $97,500,000 to the Account. 


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

2 Each fiscal year, the Secretary of the Treasury shall de3 posit funds into the Account and distribute such funds 

4 through a noncompetitive application process according to 

5 guidelines and criteria, and reporting requirements deter6 mined by the Secretary of the Interior, acting through the 

7 Director of the Bureau of Indian Affairs, in consultation 

8 with Indian Tribes. Such funds shall remain available 

9 until expended. 

10 (d) WILDLIFE MANAGEMENT RESPONSIBILITIES.— 

11 The distribution guidelines and criteria described in sub12 section (c) shall be based, in part, upon Indian Tribes’ 

13 wildlife management responsibilities. 

14 (e) USE OF FUNDS.— 

15 (1) IN GENERAL.—Except as provided in para16 graph (2), the Secretary may distribute funds from 

17 the Account to an Indian Tribe for any of the fol18 lowing purposes: 

19 (A) To develop, carry out, revise, or en20 hance wildlife conservation and restoration pro21 grams to manage Tribal species of greatest con22 servation need and the habitats of such species 

23 as determined by the Indian Tribe. 

24 (B) To assist in the recovery of species 

25 listed as an endangered or threatened species 


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1 under the Endangered Species Act of 1973 (16 

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

3 (C) For wildlife conservation education and 

4 wildlife-associated recreation projects. 

5 (D) To manage a Tribal species of greatest 

6 conservation need and the habitat of such spe7 cies, the range of which may be shared with a 

8 foreign country, State, or other Indian Tribe. 

9 (E) To manage, control, and prevent 

10 invasive species as well as diseases and other 

11 risks to wildlife. 

12 (F) For law enforcement activities that are 

13 directly related to the protection and conserva14 tion of wildlife. 

15 (G) To develop, revise, and implement 

16 comprehensive wildlife conservation strategies 

17 and plans for such Tribe. 

18 (H) For the hiring and training of wildlife 

19 conservation and restoration program staff. 

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

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

22 to be eligible to receive funds under subsection 

23 (c), a Tribe’s application must include a pro24 posal to use funds for at least one of the purVerDate Sep 11 2014 21:27 Jun 15, 2021 Jkt 019200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\H2773.IH H2773

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1 poses described in subparagraphs (A) and (B) 

2 of paragraph (1). 

3 (B) IMPERILED SPECIES RECOVERY.—In 

4 distributing funds under this section, the Sec5 retary shall distribute not less than 15 percent 

6 of the total funds distributed to proposals to 

7 fund the recovery of a species, subspecies, or 

8 distinct population segment listed as a threat9 ened species, endangered species, or candidate 

10 species under the Endangered Species Act of 

11 1973 (16 U.S.C. 1531 et seq.) or Tribal law. 

12 (C) LIMITATION.—In distributing funds 

13 under this section, the Secretary shall distribute 

14 not more than 15 percent of all funds distrib15 uted under this section for the purpose de16 scribed in paragraph (1)(C). 

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

18 Tribe shall be required to provide matching funds to be 

19 eligible to receive funds under this Act. 

20 (g) PUBLIC ACCESS NOT REQUIRED.—Funds appor21 tioned from the Tribal Wildlife Conservation and Restora22 tion Account shall not be conditioned upon the provision 

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

24 waters, or holdings. 


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1 (h) ADMINISTRATIVE COSTS.—Of the funds depos2 ited under subsection (b)(3) for each fiscal year, not more 

3 than 3 percent shall be used by the Secretary for adminis4 trative costs. 

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

6 construed as modifying or abrogating a treaty with any 

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

8 jurisdiction, or responsibility of an Indian Tribe to man9 age, control, or regulate wildlife. 

Æ 


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