II 

Calendar No. 424 

117TH CONGRESS 

2D SESSION H. R. 2773 

IN THE SENATE OF THE UNITED STATES 

JUNE 15, 2022 

Received; read twice and placed on the calendar 

AN ACT 

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, 


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1 SECTION 1. SHORT TITLE. 

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

3 Wildlife Act of 2022’’. 

4 SEC. 2. STATEMENT OF PURPOSE. 

5 The purpose of this Act is to extend financial and 

6 technical assistance to States, territories, the District of 

7 Columbia, and Indian Tribes, including under the Pitt8 man-Robertson Wildlife Restoration Act (16 U.S.C. 669 

9 et seq.), for the purpose of avoiding the need to list spe10 cies, or recovering species currently listed as a threatened 

11 species or an endangered species, under the Endangered 

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

13 State law. 

14 TITLE I—WILDLIFE CONSERVA15 TION AND RESTORATION 

16 SEC. 101. WILDLIFE CONSERVATION AND RESTORATION 

17 SUBACCOUNT. 

18 (a) IN GENERAL.—Section 3 of the Pittman-Robert19 son Wildlife Restoration Act (16 U.S.C. 669b) is amended 

20 in subsection (c)— 

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

22 paragraphs (9) and (10); and 

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

24 following: 

25 ‘‘(1) ESTABLISHMENT OF SUBACCOUNT.— 


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

2 the fund a subaccount to be known as the 

3 ‘Wildlife Conservation and Restoration Sub4 account’ (referred to in this section as the ‘Sub5 account’). 

6 ‘‘(B) AVAILABILITY.—Amounts in the Sub7 account shall be available without further ap8 propriation, for each fiscal year, for apportion9 ment in accordance with this Act. 

10 ‘‘(C) DEPOSITS INTO SUBACCOUNT.—The 

11 Secretary of the Treasury shall transfer from 

12 the general fund of the Treasury to the Sub13 account— 

14 ‘‘(i) for fiscal year 2023, 

15 $850,000,000; 

16 ‘‘(ii) for fiscal year 2024, 

17 $1,100,000,000; 

18 ‘‘(iii) for fiscal year 2025, 

19 $1,200,000,000; and 

20 ‘‘(iv) for fiscal year 2026 and each fis21 cal year thereafter, $1,300,000,000. 

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

23 transferred to the Subaccount shall supplement, but 

24 not replace, existing funds available to the States 

25 from— 


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

2 Dingell-Johnson Sport Fish Restoration Act 

3 (16 U.S.C. 777 et seq.); and 

4 ‘‘(B) the fund. 

5 ‘‘(3) INNOVATION GRANTS.— 

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

7 distribute 10 percent of funds apportioned from 

8 the Subaccount through a competitive grant 

9 program to State fish and wildlife departments, 

10 the District of Columbia fish and wildlife de11 partment, fish and wildlife departments of terri12 tories, nonprofit organizations, or to regional 

13 associations of fish and wildlife departments (or 

14 any group composed of more than 1 such enti15 ty). 

16 ‘‘(B) PURPOSE.—Such grants shall be pro17 vided for the purpose of catalyzing innovation 

18 of techniques, tools, strategies, or collaborative 

19 partnerships that accelerate, expand, or rep20 licate effective and measurable recovery efforts 

21 for species of greatest conservation need and 

22 species listed under the Endangered Species Act 

23 of 1973 (16 U.S.C. 1531 et seq.) and the habi24 tats of such species. 


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

2 shall appoint a review committee comprised 

3 of— 

4 ‘‘(i) a State Director from each re5 gional association of State fish and wildlife 

6 departments; 

7 ‘‘(ii) the head of a department respon8 sible for fish and wildlife management in a 

9 territory; 

10 ‘‘(iii) one delegate from the United 

11 States Fish and Wildlife Service, for the 

12 purpose of providing technical assistance; 

13 and 

14 ‘‘(iv) beginning in fiscal year 2023, 

15 four individuals representing four different 

16 nonprofit organizations each of which is 

17 actively participating in carrying out wild18 life conservation restoration activities using 

19 funds apportioned from the Subaccount. 

20 ‘‘(D) SUPPORT FROM UNITED STATES FISH

21 AND WILDLIFE SERVICE.—Using not more than 

22 3 percent of the amounts apportioned under 

23 subparagraph (A) to carry out a competitive 

24 grant program, the United States Fish and 

25 Wildlife Service shall provide any personnel or 


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1 administrative support services necessary for 

2 such committee to carry out its responsibilities 

3 under this Act. 

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

5 evaluate each proposal submitted under this 

6 paragraph and recommend projects for funding, 

7 giving preference to solutions that accelerate 

8 the recovery of species identified as priorities 

9 through regional scientific assessments of spe10 cies of greatest conservation need. 

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

12 the Subaccount shall be used for purposes consistent 

13 with section 2 of the Recovering America’s Wildlife 

14 Act of 2022 and— 

15 ‘‘(A) shall be used to implement the Wild16 life Conservation Strategy of a State, territory, 

17 or the District of Columbia, as required under 

18 section 4(e), by carrying out, revising, or en19 hancing existing wildlife and habitat conserva20 tion and restoration programs and developing 

21 and implementing new wildlife conservation and 

22 restoration programs to recover and manage 

23 species of greatest conservation need and the 

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1 termined by the appropriate State fish and 

2 wildlife department; 

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

4 enhance the Wildlife Conservation Strategy of a 

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

6 may be required by this Act; 

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

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

9 District of Columbia that are listed as endan10 gered species, threatened species, candidate spe11 cies or species proposed for listing, or species 

12 petitioned for listing under the Endangered 

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

14 or under State law; 

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

16 education and wildlife-associated recreation 

17 projects, especially in historically underserved 

18 communities; 

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

20 greatest conservation need whose range is 

21 shared with another State, territory, Indian 

22 Tribe, or foreign government and for the con23 servation of the habitat of such species; 


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

2 prevent invasive species, disease, and other 

3 risks to species of greatest conservation need; 

4 ‘‘(G) may be used for law enforcement ac5 tivities that are directly related to the protec6 tion and conservation of a species of greatest 

7 conservation need and the habitat of such spe8 cies; 

9 ‘‘(H) may be used to expand the use of in10 novative technologies, tools, strategies, or col11 laborative partnerships that accelerate, expand, 

12 or replicate effective and measurable recovery 

13 efforts for species of greatest conservation need 

14 and species listed as threatened or endangered 

15 under section 4 of the Endangered Species Act 

16 of 1973 and the habitats of such species; 

17 ‘‘(I) may be used for conservation infra18 structure projects related to the protection and 

19 conservation of a species of greatest conserva20 tion need and the habitat of such species; and 

21 ‘‘(J) may be used to conserve and restore 

22 a native pollinator species which is a species of 

23 greatest conservation need. 

24 ‘‘(5) MINIMUM REQUIRED SPENDING FOR EN25 DANGERED SPECIES RECOVERY.—Not less than an 


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

2 amounts apportioned to a State, territory, or the 

3 District of Columbia from the Subaccount shall be 

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

5 The Secretary may reduce the minimum requirement 

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

7 an annual basis if the Secretary determines that the 

8 State, territory, or the District of Columbia is meet9 ing the conservation and recovery needs of all spe10 cies described in paragraph (4)(C). 

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

12 REQUIRED.—Funds apportioned from the Sub13 account shall not be conditioned upon the provision 

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

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

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

17 fund matching requirement for a wildlife con18 servation or restoration program or project 

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

20 the District of Columbia may use as matching 

21 non-Federal funds— 

22 ‘‘(i) funds from Federal agencies 

23 other than the Department of the Interior 

24 and the Department of Agriculture; 


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1 ‘‘(ii) donated private lands and 

2 waters, including privately owned ease3 ments; 

4 ‘‘(iii) in circumstances described in 

5 subparagraph (B), revenue generated 

6 through the sale of State hunting and fish7 ing licenses; and 

8 ‘‘(iv) other sources consistent with 

9 part 80 of title 50, Code of Federal Regu10 lations, in effect on the date of enactment 

11 of the Recovering America’s Wildlife Act of 

12 2022. 

13 ‘‘(B) Revenue described in subparagraph 

14 (A)(iii) may only be used to fulfill the require15 ments of such non-Federal fund matching re16 quirement if— 

17 ‘‘(i) no Federal funds apportioned to 

18 the State fish and wildlife department of 

19 such State from the Wildlife Restoration 

20 Program or the Sport Fish Restoration 

21 Program have been reverted because of a 

22 failure to fulfill such non-Federal fund 

23 matching requirement by such State dur24 ing the previous 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 

4 conservation need. 

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

7 ‘‘(A) PARTNERSHIPS.—The term ‘partner8 ships’ may include collaborative efforts with 

9 Federal agencies, State agencies, local agencies, 

10 Indian Tribes, nonprofit organizations, aca11 demic institutions, industry groups, and private 

12 individuals to implement a State’s Wildlife Con13 servation Strategy. 

14 ‘‘(B) SPECIES OF GREATEST CONSERVA15 TION NEED.—The term ‘species of greatest con16 servation need’ may be fauna or flora, and may 

17 include 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 

21 State fish and wildlife department, with respect 

22 to funds apportioned to such State. 

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

24 terms ‘territory’ and ‘territories’ mean the 

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1 ican Samoa, the Commonwealth of the North2 ern Mariana Islands, and the United States 

3 Virgin Islands. 

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

5 means any species of wild, freeranging fauna, 

6 including fish, and also fauna in captive breed7 ing programs the object of which is to reintro8 duce individuals of a depleted indigenous spe9 cies into previously occupied range.’’. 

10 (b) Section 3 of the Pittman-Robertson Wildlife Res11 toration Act (16 U.S.C. 669b) is amended by adding at 

12 the end the following: 

13 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS TO IN14 SPECTOR GENERAL.—There is authorized to be appro15 priated to the Office of the Inspector General of the Department of the Interior 1 16 ⁄2 of 1 percent of the amounts 

17 made available under subsection (c) for the purposes of 

18 providing oversight and accountability with respect to ex19 penditure of funds authorized under such subsection, to 

20 remain available until September 30, 2029.’’. 

21 (c) ALLOCATION AND APPORTIONMENT OF AVAIL22 ABLE AMOUNTS.—Section 4 of the Pittman-Robertson 

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

24 (1) in subsection (d)— 

25 (A) in paragraph (1)— 


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

2 ‘‘to the District of Columbia and to the 

3 Commonwealth of Puerto Rico, each’’ and 

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

5 (ii) in subparagraph (B)— 

6 (I) by striking ‘‘to Guam’’ and 

7 inserting ‘‘To Guam’’; and 

8 (II) by striking ‘‘not more than 

9 one-fourth of one percent’’ and insert10 ing ‘‘not less than one-third of one 

11 percent’’; and 

12 (iii) by adding at the end the fol13 lowing: 

14 ‘‘(C) To the Commonwealth of Puerto 

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

16 thereof.’’; 

17 (B) in paragraph (2)(A)— 

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

19 follows: 

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

21 to which the land and water area of such State 

22 bears to the total land and water area of all 

23 such States;’’; 

24 (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 (16 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)— 

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) 5 percent of amounts apportioned to each 

15 State, each territory, or the District of Columbia 

16 under this section for a wildlife conservation and 

17 restoration program shall be reserved for States and 

18 territories that include plants among their species of 

19 greatest conservation need and in the conservation 

20 planning and habitat prioritization efforts of their 

21 Wildlife Conservation Strategy. Each eligible State, 

22 territory, or the District of Columbia shall receive an 

23 additional 5 percent of their apportioned amount. 

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1 tionally among all States and territories under the 

2 formulas of this section.’’; and 

3 (3) by adding at the end following: 

4 ‘‘(f) MINIMIZATION OF PLANNING AND REPORT5 ING.—Nothing in this Act shall be interpreted to require 

6 a State to create a comprehensive strategy related to con7 servation education or outdoor recreation. 

8 ‘‘(g) ACCOUNTABILITY.— 

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

10 after the date of enactment of the Recovering Amer11 ica’s Wildlife Act of 2022 and every 3 years there12 after, each State fish and wildlife department shall 

13 submit a 3-year work plan and budget for imple14 menting its Wildlife Conservation Strategy and a re15 port describing the results derived from activities ac16 complished under subsection (e) during the previous 

17 3 years to the United States Fish and Wildlife Serv18 ice for review, which shall summarize such findings 

19 and submit a report to— 

20 ‘‘(A) the Committee on Environment and 

21 Public Works of the Senate; and 

22 ‘‘(B) the Committee on Natural Resources 

23 of the House of Representatives. 

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

25 year work plans, budgets, and reports required 


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1 under paragraph (1) shall be established by the 

2 United States Fish and Wildlife Service, in consulta3 tion with the Association of Fish and Wildlife Agen4 cies. 

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

6 the date of enactment of the Recovering America’s 

7 Wildlife Act of 2022, the Comptroller General of the 

8 United States shall conduct a study to examine the 

9 progress of States, territories, the District of Colum10 bia, and Indian Tribes towards achieving the pur11 pose described in section 2 of that Act.’’. 

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,’’; and 

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

19 Tribes, academic institutions,’’ before ‘‘wildlife con20 servation organizations’’. 

21 (b) CONFORMING AMENDMENTS.—The Pittman-Rob22 ertson Wildlife Restoration Act (16 U.S.C. 669 et seq.) 

23 is amended— 

24 (1) in section 3— 

25 (A) in subsection (a)— 


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

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

3 and 

4 (ii) by striking paragraph (2); 

5 (B) in subsection (c)— 

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

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

8 Indian tribe’’; and 

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

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

11 Conservation and Restoration Account’’ 

12 and inserting ‘‘Subaccount’’; and 

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

14 Conservation and Restoration Account’’ and in15 serting ‘‘Subaccount’’; 

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

17 (A) in subsection (d)— 

18 (i) in the heading, by striking ‘‘AC19 COUNT’’ and inserting ‘‘SUBACCOUNT’’; 

20 and 

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

22 it appears and inserting ‘‘Subaccount’’; 

23 and 

24 (B) in subsection (e)(1), by striking ‘‘Ac25 count’’ and inserting ‘‘Subaccount’’; and 


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

2 (a), by striking ‘‘Account’’ and inserting ‘‘Sub3 account’’. 

4 SEC. 103. SAVINGS CLAUSE. 

5 The Pittman-Robertson Wildlife Restoration Act (16 

6 U.S.C. 669 et seq.) is amended— 

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

8 and 

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

10 ‘‘SEC. 14. SAVINGS CLAUSE. 

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

12 or diminish the authority, jurisdiction, or responsibility of 

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

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

15 waters within the State, including on Federal lands and 

16 waters. 

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

18 ALASKA. 

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

20 Act and any provision of the Alaska National Interest 

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

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

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

24 Lands Conservation Act or the Alaska Native Claims Set25 tlement Act shall prevail.’’. 


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1 TITLE II—TRIBAL WILDLIFE 

2 CONSERVATION AND RES3 TORATION 

4 SEC. 201. INDIAN TRIBES. 

5 (a) DEFINITIONS.—In this section: 

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

7 Tribal Wildlife Conservation and Restoration Ac8 count established by subsection (b)(1). 

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

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

11 Indian Self-Determination and Education Assistance 

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

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

14 the Secretary of the Interior. 

15 (4) TRIBAL SPECIES OF GREATEST CONSERVA16 TION NEED.—The term ‘‘Tribal species of greatest 

17 conservation need’’ means any species identified by 

18 an Indian Tribe as requiring conservation manage19 ment because of declining population, habitat loss, 

20 or other threats, or because of their biological or cul21 tural importance to such Tribe. 

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

23 (A) any species of wild flora or fauna in24 cluding fish and marine mammals; 


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

2 rehabilitation, and holding or quarantine pro3 gram, the object of which is to reintroduce indi4 viduals of a depleted indigenous species into 

5 previously occupied range or to maintain a spe6 cies for conservation purposes; and 

7 (C) does not include game farm animals. 

8 (b) TRIBAL WILDLIFE CONSERVATION AND RES9 TORATION ACCOUNT.— 

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

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

12 Wildlife Conservation and Restoration Account’’. 

13 (2) AVAILABILITY.—Amounts in the Account 

14 shall be available for each fiscal year without further 

15 appropriation for apportionment in accordance with 

16 this title. 

17 (3) DEPOSITS INTO ACCOUNT.—Beginning in 

18 fiscal year 2023, and for each fiscal year thereafter, 

19 the Secretary of the Treasury shall transfer 

20 $97,500,000 from the general fund of the Treasury 

21 to the Account. 

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

23 Each fiscal year, the Secretary of the Treasury shall de24 posit funds into the Account and distribute such funds 

25 through a noncompetitive application process according to 


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1 guidelines and criteria, and reporting requirements deter2 mined by the Secretary of the Interior, acting through the 

3 Director of the Bureau of Indian Affairs, in consultation 

4 with Indian Tribes. Such funds shall remain available 

5 until expended. 

6 (d) WILDLIFE MANAGEMENT RESPONSIBILITIES.— 

7 The distribution guidelines and criteria described in sub8 section (c) shall be based, in part, upon an Indian Tribe’s 

9 wildlife management responsibilities. Any funding allo10 cated to an Indian Tribe in Alaska may only be used in 

11 a manner consistent with the Alaska Native Claims Settle12 ment Act (43 U.S.C. 1601 et seq.), the Alaska National 

13 Interest Lands Conservation Act (16 U.S.C. 3101 et seq.), 

14 and Public Law 85–508 (commonly known as the ‘‘Alaska 

15 Statehood Act’’) (48 U.S.C. note prec. 21). Alaska Native 

16 Corporations or Tribes may enter into cooperative agree17 ments with the State of Alaska on conservation projects 

18 of mutual concern. 

19 (e) USE OF FUNDS.— 

20 (1) IN GENERAL.—Except as provided in para21 graph (2), the Secretary may distribute funds from 

22 the Account to an Indian Tribe for any of the fol23 lowing purposes: 

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1 grams to manage Tribal species of greatest con2 servation need and the habitats of such species, 

3 as determined by the Indian Tribe. 

4 (B) To assist in the recovery of species 

5 listed as an endangered or threatened species 

6 under the Endangered Species Act of 1973 (16 

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

8 (C) For wildlife conservation education and 

9 wildlife-associated recreation projects. 

10 (D) To manage a Tribal species of greatest 

11 conservation need and the habitat of such spe12 cies, the range of which may be shared with a 

13 foreign country, State, or other Indian Tribe. 

14 (E) To manage, control, and prevent 

15 invasive species as well as diseases and other 

16 risks to wildlife. 

17 (F) For law enforcement activities that are 

18 directly related to the protection and conserva19 tion of wildlife. 

20 (G) To develop, revise, and implement 

21 comprehensive wildlife conservation strategies 

22 and plans for such Tribe. 

23 (H) For the hiring and training of wildlife 

24 conservation and restoration program staff. 

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


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

2 to be eligible to receive funds under subsection 

3 (c), a Tribe’s application must include a pro4 posal to use funds for at least one of the pur5 poses described in subparagraphs (A) and (B) 

6 of paragraph (1). 

7 (B) IMPERILED SPECIES RECOVERY.—In 

8 distributing funds under this section, the Sec9 retary shall distribute not less than 15 percent 

10 of the total funds distributed to proposals to 

11 fund the recovery of a species, subspecies, or 

12 distinct population segment listed as a threat13 ened species, endangered species, or candidate 

14 species under the Endangered Species Act of 

15 1973 (16 U.S.C. 1531 et seq.) or Tribal law. 

16 (C) LIMITATION.—In distributing funds 

17 under this section, the Secretary shall distribute 

18 not more than 15 percent of all funds distrib19 uted under this section for the purpose de20 scribed in paragraph (1)(C). 

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

22 Tribe shall be required to provide matching funds to be 

23 eligible to receive funds under this Act. 

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1 tion Account shall not be conditioned upon the provision 

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

3 waters, or holdings. 

4 (h) ADMINISTRATIVE COSTS.—Of the funds depos5 ited under subsection (b)(3) for each fiscal year, not more 

6 than 3 percent shall be used by the Secretary for adminis7 trative costs. 

8 (i) AUTHORIZATION OF APPROPRIATIONS TO INSPEC9 TOR GENERAL.—There is authorized to be appropriated 

10 to the Office of the Inspector General of the Department 

of the Interior 1 11 ⁄2 of 1 percent of the amounts made 

12 available this section for the purposes of providing over13 sight and accountability with respect to expenditure of 

14 funds authorized under this section, to remain available 

15 until September 30, 2029. 

16 (j) SAVINGS CLAUSE.—Nothing in this Act shall be 

17 construed as modifying or abrogating a treaty with any 

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

19 jurisdiction, or responsibility of an Indian Tribe to man20 age, control, or regulate wildlife. 

21 (k) STATUTORY CONSTRUCTION WITH RESPECT TO

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

23 this Act and any provision of the Alaska National Interest 

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

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


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

2 Lands Conservation Act or the Alaska Native Claims Set3 tlement Act shall prevail. 

4 TITLE III—ENDANGERED SPE5 CIES RECOVERY AND HABI6 TAT CONSERVATION LEGACY 

7 FUND 

8 SEC. 301. ENDANGERED SPECIES RECOVERY AND HABITAT 

9 CONSERVATION LEGACY FUND. 

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

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

12 ‘‘Endangered Species Recovery and Habitat Conservation 

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

14 (b) FUNDING.—For each of fiscal years 2023 

15 through 2026, the Secretary of the Treasury shall transfer 

16 from the general fund of the Treasury to the Fund 

17 $187,500,000. 

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

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

20 through the Director of the United States Fish and Wild21 life Service (referred to in this section as the ‘‘Secretary’’), 

22 as provided in subsection (e), without further appropria23 tion or fiscal year limitation. 

24 (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 

10 of the Fund, as determined by the Secretary; 

11 and 

12 (B) bearing interest at a rate determined 

13 by the Secretary of the Treasury, taking into 

14 consideration current market yields on out15 standing marketable obligations of the United 

16 States of comparable maturity. 

17 (3) CREDITS TO FUND.—The income on invest18 ments of the Fund under this subsection shall be 

19 credited to, and form a part of, the Fund. 

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

21 used for recovering the species managed under the Endan22 gered Species Act of 1973 (16 U.S.C. 1531 et seq.), in 

23 addition to amounts otherwise available for such purposes, 

24 as follows: 


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1 (1) ENDANGERED SPECIES RECOVERY GRANT

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

3 2023 through 2026, to remain available until ex4 pended, shall be used to establish and implement a 

5 grant and technical assistance program, to be known 

6 as the ‘‘Endangered Species Recovery Grant Pro7 gram’’, to provide competitive matching grants for 

8 the purpose of recovering species listed as a threat9 ened species or an endangered species under section 

10 4 of the Endangered Species Act of 1973 (16 U.S.C. 

11 1533) by addressing the backlog in the development 

12 of recovery plans, and implementing the backlog of 

13 activities identified in existing recovery plans, under 

14 subsection (f) of that section (16 U.S.C. 1533(f)). 

15 The Secretary shall enter into an agreement with 

16 the National Fish and Wildlife Foundation to estab17 lish and cooperatively manage the Endangered Spe18 cies Recovery Grant Program in accordance with the 

19 Endangered Species Act of 1973 (16 U.S.C. 1531 et 

20 seq.) and the National Fish and Wildlife Foundation 

21 Establishment Act (16 U.S.C. 3701 et seq.). 

22 (2) INTERAGENCY CONSULTATION RESPON23 SIBILITIES.—$75,000,000 for each of fiscal years 

24 2023 through 2026, to remain available until ex25 pended, shall be used for the United States Fish and 


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1 Wildlife Service to address interagency consultation 

2 responsibilities under section 7 of the Endangered 

3 Species Act of 1973 (16 U.S.C. 1536). 

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

5 for each of fiscal years 2023 through 2026, to re6 main available until expended, shall be used for the 

7 United States Fish and Wildlife Service to work 

8 with non-Federal entities, including through, but not 

9 limited to, the Partners for Fish and Wildlife Pro10 gram, the Coastal Program, and the North Amer11 ican Wetlands Conservation Act (16 U.S.C. 4401 et 

12 seq.)— 

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

14 are candidates or proposed for listing, and spe15 cies that are listed as threatened or endangered 

16 species under section 4 of the Endangered Spe17 cies Act of 1973 (16 U.S.C. 1533), including 

18 through rescue and rehabilitation efforts and 

19 efforts to manage, control, and prevent invasive 

20 species, disease, and other risks to such species; 

21 and 

22 (B) to conserve wildlife habitat. 

23 (4) VOLUNTARY CONSERVATION AGREE24 MENTS.—$9,375,000 for each of fiscal years 2023 

25 through 2026, to remain available until expended, 


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1 shall be used for the United States Fish and Wildlife 

2 Service to address the development and permitting 

3 of voluntary conservation agreements under section 

4 10 of the Endangered Species Act of 1973 (16 

5 U.S.C. 1539). 

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

7 available under this section shall supplement and not sup8 plant any other Federal amounts made available to carry 

9 out activities described in this section in an annual appro10 priations Act of Congress. 

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

12 (1) PRIORITY LIST OF SPECIES.—Not later 

13 than 90 days after the date of enactment of this 

14 Act, the Secretary, shall submit to the Committees 

15 on Environment and Public Works and Appropria16 tions of the Senate and the Committees on Natural 

17 Resources and Appropriations of the House of Rep18 resentatives a list of threatened species and endan19 gered species for which recovery plans described in 

20 subsection (e)(1) will be developed or implemented 

21 for fiscal year 2023. 

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

23 on which all of the amounts in the Fund are ex24 pended, the President shall annually submit to Con25 gress, together with the annual budget of the United 


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1 States, a list of threatened species and endangered 

2 species for which recovery plans described in sub3 section (e)(1) will be developed or implemented with 

4 amounts from the Fund. 

5 (h) PUBLIC DONATIONS.— 

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

7 public cash donations that advance efforts— 

8 (A) to address the backlog in the develop9 ment and implementation of recovery plans; and 

10 (B) to encourage relevant public-private 

11 partnerships. 

12 (2) CREDITS TO FUND.—Any cash donations 

13 accepted under paragraph (1) shall be credited to, 

14 and form a part of, the Fund. 

15 (3) REJECTION OF DONATIONS.—The Secretary 

16 may reject a donation under this section when the 

17 rejection is in the interest of the Federal Govern18 ment, as determined by the Secretary. 

19 (i) ALLOCATION AUTHORITY.— 

20 (1) SUBMISSION OF COST ESTIMATES.—The 

21 President shall submit to Congress detailed alloca22 tions by program element of the amount rec23 ommended for allocation in a fiscal year from 

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1 sistent with the use of funds under subsection (e), 

2 as follows: 

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

4 days after the date of enactment of this Act. 

5 (B) For each fiscal year thereafter, until 

6 the date on which all of the amounts in the 

7 Fund are allocated, as part of the annual budg8 et submission of the President under section 

9 1105(a) of title 31, United States Code. 

10 (2) ALTERNATE ALLOCATION.— 

11 (A) IN GENERAL.—The Committees on 

12 Appropriations of the Senate and House of 

13 Representatives may provide for alternate allo14 cation of amounts recommended for allocation 

15 in a given fiscal year from amounts made avail16 able under subsection (c), consistent with the 

17 use of funds under subsection (e), including al18 locations by program element. 

19 (B) ALLOCATION BY PRESIDENT.— 

20 (i) NO ALTERNATE ALLOCATIONS.—If 

21 Congress has not enacted legislation estab22 lishing alternate allocations, including by 

23 program, by the date on which the Act 

24 making full-year appropriations for the De25 partment of the Interior, Environment, 


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1 and Related Agencies for the applicable fis2 cal year is enacted into law, only then shall 

3 amounts recommended for allocation for 

4 that fiscal year from amounts made avail5 able under subsection (c), consistent with 

6 the use of funds under subsection (e), be 

7 allocated by the President or apportioned 

8 or allotted by program pursuant to title 

9 31, United States Code. 

10 (ii) INSUFFICIENT ALTERNATE ALLO11 CATION.—If Congress enacts legislation es12 tablishing alternate allocations, including 

13 by program, for amounts recommended for 

14 allocation in a given fiscal year from 

15 amounts made available under subsection 

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

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

18 amount recommended for allocation for 

19 that fiscal year, the difference between the 

20 amount recommended for allocation and 

21 the alternate allocation shall be allocated 

22 by the President and apportioned and al23 lotted by program pursuant to title 31, 

24 United States Code. 


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

2 be used— 

3 (1) to make any listing determination relating 

4 to the endangered or threatened status of any spe5 cies pursuant to section 4(a) of the Endangered Spe6 cies Act of 1973 (16 U.S.C. 1533(a)); 

7 (2) on any experimental population (as defined 

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

9 Species Act of 1973 (16 U.S.C. 1539(j))) of a 

10 threatened or endangered species that is determined 

11 to be nonessential under that section; 

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

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

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

15 (4) to acquire any Federal land. 

16 (k) ADMINISTRATIVE COSTS.—Of the funds made 

17 available under each of paragraphs (1) and (3) of sub18 section (e), not more than 1.85 percent may be used by 

19 the Secretary for administrative costs. 

20 (l) INSPECTOR GENERAL.—There is authorized to be 

21 appropriated to the Office of the Inspector General of the 

Department of the Interior 1 22 ⁄2 of 1 percent of the amounts 

23 made available under subsection (c) for the purposes of 

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1 penditure of funds authorized under such subsection, to 

2 remain available until September 30, 2029. 

3 TITLE IV—REPORT 

4 SEC. 401. REPORT. 

5 The Secretary of the Interior shall, not later than 1 

6 year after the date of enactment of this section, and annu7 ally thereafter, submit a report to the Committee on Envi8 ronment and Public Works of the Senate and the Com9 mittee on Natural Resources of the House of Representa10 tives providing detailed information on the dollar amount 

11 of grants and contracts (including subcontracts), and the 

12 percentage of total awards and grants, that were awarded 

13 or allocated under this Act to Historically Black Colleges 

14 and Universities, Hispanic-serving educational institu15 tions, Tribally-controlled colleges and universities, minor16 ity-serving educational institutions, minority-owned busi17 ness enterprises, women-owned business enterprises, and 

18 community-based organizations that are principally ad19 ministered by, operated by, or serving minority commu20 nities. 

Passed the House of Representatives June 14, 2022. 

Attest: CHERYL L. JOHNSON, 

Clerk. 


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Calendar No. 424 

117TH CONGRESS 

2D SESSION H. R. 2773 

AN ACT 

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 

JUNE 15, 2022 

Received; read twice and placed on the calendar 


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