I 

117TH CONGRESS 

1ST SESSION H. R. 3396 

To create dedicated funds to conserve butterflies in North America, plants 

in the Pacific Islands, freshwater mussels in the United States, and 

desert fish in the Southwest United States, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 20, 2021 

Mr. GRIJALVA (for himself, Mr. BLUMENAUER, Mr. CASE, Mr. COHEN, Mrs. 

DINGELL, Mr. HUFFMAN, Mr. SABLAN, Mr. SIRES, Mr. SOTO, and Ms. 

VELA ́ZQUEZ) introduced the following bill; which was referred to the 

Committee on Natural Resources 

A BILL 

To create dedicated funds to conserve butterflies in North 

America, plants in the Pacific Islands, freshwater mussels in the United States, and desert fish in the Southwest United States, 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 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Extinction Prevention Act of 2021’’. 

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

7 this Act is as follows: 


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Sec. 1. Short title. 

TITLE I—NORTH AMERICA BUTTERFLY CONSERVATION ACT OF 

2021 

Sec. 101. Short title. 

Sec. 102. Purposes. 

Sec. 103. Definitions. 

Sec. 104. North America butterfly conservation assistance. 

Sec. 105. North America Butterfly Conservation Fund. 

Sec. 106. Authorization of appropriations. 

Sec. 107. Report to congress. 

TITLE II—PACIFIC ISLANDS PLANT CONSERVATION FUND ACT 

OF 2021 

Sec. 201. Short title. 

Sec. 202. Purposes. 

Sec. 203. Definitions. 

Sec. 204. Pacific islands plant conservation assistance. 

Sec. 205. Pacific islands plant conservation fund. 

Sec. 206. Authorization of appropriations. 

Sec. 207. Report to congress. 

TITLE III—FRESHWATER MUSSEL CONSERVATION FUND ACT OF 

2021 

Sec. 301. Short title. 

Sec. 302. Purposes. 

Sec. 303. Definitions. 

Sec. 304. Freshwater mussel conservation assistance. 

Sec. 305. Freshwater Mussels Conservation Fund. 

Sec. 306. Authorization of appropriations. 

Sec. 307. Report to Congress. 

TITLE IV—SOUTHWEST DESERT FISH CONSERVATION FUND ACT 

OF 2021 

Sec. 401. Short title. 

Sec. 402. Purposes. 

Sec. 403. Definitions. 

Sec. 404. Southwest desert fish conservation assistance. 

Sec. 405. Southwest Desert Fish Conservation Fund. 

Sec. 406. Authorization of appropriations. 

Sec. 407. Report to Congress. 


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1 TITLE I—NORTH AMERICA BUT2 TERFLY CONSERVATION ACT 

3 OF 2021 

4 SEC. 101. SHORT TITLE. 

5 This title may be cited as the ‘‘North America But6 terfly Conservation Fund Act of 2021’’. 

7 SEC. 102. PURPOSES. 

8 The purposes of this title are— 

9 (1) to perpetuate healthy populations of butter10 flies in North America; 

11 (2) to assist in the conservation of threatened 

12 and endangered butterflies by supporting conserva13 tion initiatives in North America; and 

14 (3) to provide financial resources and to foster 

15 international cooperation for those initiatives. 

16 SEC. 103. DEFINITIONS. 

17 In this title: 

18 (1) CONSERVATION.—The term ‘‘conservation’’ 

19 means the use of all methods and procedures nec20 essary to protect habitats of butterflies in North 

21 America and of butterflies in those habitats, includ22 ing— 

23 (A) protection, restoration, and manage24 ment of habitats; 


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1 (B) onsite research and monitoring of pop2 ulations, habitats, annual reproduction, and 

3 butterfly species population trends; 

4 (C) assistance in the development, imple5 mentation, and improvement of national and re6 gional management plans; 

7 (D) enforcement and implementation of 

8 applicable conservation laws; and 

9 (E) community outreach and education. 

10 (2) FUND.—The term ‘‘Fund’’ means the 

11 North America Butterfly Conservation Fund estab12 lished by section 105. 

13 (3) BUTTERFLY.—The terms ‘‘butterfly’’ and 

14 ‘‘butterflies’’ mean any member of the order Lepi15 doptera. 

16 (4) NORTH AMERICA.—The term ‘‘North Amer17 ica’’ means the United States, Canada, Mexico, An18 tigua and Barbuda, Bahamas, Barbados, Belize, 

19 Costa Rica, Cuba, Dominica, Dominican Republic, 

20 El Salvador, Grenada, Guatemala, Haiti, Honduras, 

21 Jamaica, Nicaragua, Panama, Saint Kitts and 

22 Nevis, Saint Lucia, Saint Vincent and the Grena23 dines, and Trinidad and Tobago. 

24 (5) SECRETARY.—The term ‘‘Secretary’’ means 

25 the Secretary of the Interior. 


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1 SEC. 104. NORTH AMERICA BUTTERFLY CONSERVATION AS2 SISTANCE. 

3 (a) ASSISTANCE.— 

4 (1) IN GENERAL.—Subject to the availability of 

5 funds and in consultation with other Federal offi6 cials, the Secretary shall use amounts in the Fund 

7 to provide financial assistance for projects for the 

8 conservation of butterflies for which project pro9 posals are approved by the Secretary in accordance 

10 with this section. 

11 (2) USE OF EXISTING AUTHORITIES.—Assist12 ance provided under this section shall be carried out 

13 in a manner consistent with authorities available to 

14 the Secretary under the Endangered Species Act of 

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

16 (b) PROJECT PROPOSALS.— 

17 (1) ELIGIBLE APPLICANTS.—A proposal for a 

18 project for the conservation of butterflies may be 

19 submitted to the Secretary by— 

20 (A) a relevant State or Tribal agency, re21 search institution, nonprofit organization, or 

22 wildlife management authority in North Amer23 ica that— 

24 (i) has within its boundaries butterfly 

25 habitat; and 


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1 (ii) directly or indirectly affects but2 terfly conservation; or 

3 (B) any other individual or entity, as de4 termined appropriate by the Secretary, with the 

5 demonstrated expertise required for the con6 servation of butterflies in North America. 

7 (2) FEDERAL PARTNERSHIP OPPORTUNITIES.— 

8 A Federal agency may not be a lead entity or receive 

9 funding for a project under this section, but may be 

10 included as a partner or collaborator on a project 

11 that receives such funding. 

12 (3) REQUIRED ELEMENTS.—A project proposal 

13 shall include— 

14 (A) a statement of the purposes of the 

15 project; 

16 (B) the name of the entity or individual 

17 with overall responsibility for the project; 

18 (C) a description of— 

19 (i) the qualifications of the entity or 

20 individuals that will conduct the project; 

21 (ii) methods for project implementa22 tion and outcome assessment; 

23 (iii) staffing and stakeholder engage24 ment for the project; 


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1 (iv) the logistics of the project, includ2 ing cost estimates and timelines; 

3 (v) anticipated outcomes; and 

4 (vi) mechanisms to encourage ade5 quate local public participation in project 

6 development and implementation; 

7 (D) assurances that the project will be im8 plemented in consultation with relevant wildlife 

9 management authorities, Tribes, and other ap10 propriate government officials; 

11 (E) evidence of free, informed, and prior 

12 consent by indigenous communities in the areas 

13 the project will be conducted, if the Secretary 

14 determines that such consent is required for the 

15 success of the project; 

16 (F) demonstrated sensitivity to local his17 toric and cultural resources and compliance 

18 with applicable laws; 

19 (G) information that demonstrates the po20 tential of the project to contribute to the con21 servation of butterfly populations in North 

22 America; 

23 (H) evidence of support for the project by 

24 appropriate governmental entities of the coun25 tries, Tribes, and indigenous communities in 


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1 which the project will be conducted, if the Sec2 retary determines that such support is required 

3 for the success of the project; 

4 (I) information regarding the source and 

5 amount of matching funding available for the 

6 project; and 

7 (J) such other information as the Sec8 retary may require. 

9 (c) PROJECT REVIEW AND APPROVAL.— 

10 (1) IN GENERAL.—The Secretary shall— 

11 (A) not later than 30 days after receiving 

12 a project proposal, provide a copy of the pro13 posal to other Federal officials, as appropriate; 

14 and 

15 (B) review each project proposal in a time16 ly manner to determine whether the proposal 

17 meets the criteria specified in subsection (d). 

18 (2) CONSULTATION; APPROVAL OR DIS19 APPROVAL.—Not later than 180 days after receiving 

20 a project proposal, and subject to the availability of 

21 funds, the Secretary, after consulting with other 

22 Federal officials, as appropriate, shall— 

23 (A) consult on the proposal with the gov24 ernment of each country in which the project is 

25 to be conducted; 


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1 (B) after taking into consideration any 

2 comments resulting from the consultation, ap3 prove or disapprove the project proposal; and 

4 (C) provide written notification of the ap5 proval or disapproval to the person that sub6 mitted the project proposal, such other Federal 

7 officials, and each country described in sub8 paragraph (A). 

9 (d) CRITERIA FOR APPROVAL.— 

10 (1) IN GENERAL.—The Secretary may approve 

11 a project proposal under this section if the project 

12 will help recover and sustain viable populations of 

13 butterflies in the wild by assisting efforts in North 

14 America to implement butterfly conservation pro15 grams. 

16 (2) PRIORITY.—In selecting projects for assist17 ance, the Secretary shall give preference to projects 

18 that conserve threatened and endangered species 

19 protected by the Endangered Species Act (16 U.S.C. 

20 1531 et seq.). 

21 (3) PROJECT SUSTAINABILITY.—To the max22 imum extent practicable, in determining whether to 

23 approve project proposals under this section, the 

24 Secretary shall give preference to conservation 


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1 projects that are designed to ensure effective, long2 term conservation of butterflies and their habitats. 

3 (4) MATCHING FUNDS.—In determining wheth4 er to approve project proposals under this section, 

5 the Secretary shall give preference to projects for 

6 which matching funds are available. 

7 (5) WAIVER.—The Secretary may waive the ap8 plication of paragraphs (2), (3), and (4) if the Sec9 retary finds that such waiver is necessary to support 

10 a conservation project that the Secretary has identi11 fied as of high priority. 

12 (e) PROJECT REPORTING.— 

13 (1) IN GENERAL.—Each person that receives 

14 assistance under this section for a project shall sub15 mit to the Secretary periodic reports (at such inter16 vals as the Secretary may require) that include all 

17 information that the Secretary, after consultation 

18 with other government officials, determines is nec19 essary to evaluate the progress and success of such 

20 project for the purposes of ensuring positive results, 

21 assessing problems, and fostering improvements. 

22 (2) AVAILABILITY TO THE PUBLIC.—Reports 

23 under paragraph (1), and any other documents re24 lating to projects for which financial assistance is 


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1 provided under this title, shall be made available to 

2 the public. 

3 SEC. 105. NORTH AMERICA BUTTERFLY CONSERVATION 

4 FUND. 

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

6 Treasury a separate account, to be known as the ‘‘North 

7 America Butterfly Conservation Fund’’, consisting of— 

8 (1) amounts transferred to the Secretary of the 

9 Treasury for deposit into the Fund under subsection 

10 (e); 

11 (2) amounts appropriated to the Fund under 

12 section 106; and 

13 (3) any interest earned on investment of 

14 amounts in the Fund under subsection (c). 

15 (b) EXPENDITURES FROM FUND.— 

16 (1) IN GENERAL.—Subject to paragraph (2), at 

17 the request of the Secretary, the Secretary of the 

18 Treasury shall transfer from the Fund to the Sec19 retary, without further appropriation, such amounts 

20 as the Secretary determines are necessary to carry 

21 out section 104. 

22 (2) ADMINISTRATIVE EXPENSES.—Of the 

23 amounts in the account available for each fiscal 

24 year, the Secretary may expend not more than 3 

25 percent, or up to $80,000, whichever is greater, to 


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1 pay the administrative expenses necessary to carry 

2 out this title. 

3 (c) INVESTMENT OF AMOUNTS.— 

4 (1) IN GENERAL.—The Secretary of the Treas5 ury shall invest such portion of the Fund as is not, 

6 in the judgment of the Secretary of the Treasury, 

7 required to meet current withdrawals. Investments 

8 may be made only in interest-bearing obligations of 

9 the United States. 

10 (2) ACQUISITION OF OBLIGATIONS.—For the 

11 purpose of investments under paragraph (1), obliga12 tions may be acquired— 

13 (A) on original issue at the issue price; or 

14 (B) by purchase of outstanding obligations 

15 at market price. 

16 (3) SALE OF OBLIGATIONS.—Any obligation ac17 quired by the Fund may be sold by the Secretary of 

18 the Treasury at market price. 

19 (4) CREDITS TO FUND.—The interest on, and 

20 the proceeds from the sale or redemption of, any ob21 ligations held in the Fund shall be credited to and 

22 form a part of the Fund. 

23 (d) TRANSFERS OF AMOUNTS.— 

24 (1) IN GENERAL.—The amounts required to be 

25 transferred to the Fund under this section shall be 


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1 transferred at least monthly from the general fund 

2 of the Treasury to the Fund on the basis of esti3 mates made by the Secretary of the Treasury. 

4 (2) ADJUSTMENTS.—Proper adjustment shall 

5 be made in amounts subsequently transferred to the 

6 extent prior estimates were in excess of or less than 

7 the amounts required to be transferred. 

8 (e) ACCEPTANCE AND USE OF DONATIONS.— 

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

10 for the Government a gift of any of the following to 

11 provide assistance under section 104: 

12 (A) money; 

13 (B) an obligation of the Government in14 cluded in the public debt made only on the con15 dition that the obligation be canceled and re16 tired and not reissued; and 

17 (C) other intangible personal property 

18 made only on the condition that the property is 

19 sold on the best terms available and the pro20 ceeds are deposited in the Fund. 

21 (2) DISCRETION TO REJECT A GIFT.—The Sec22 retary may reject a gift under this section when the 

23 rejection is in the interest of the Government. 

24 (3) TAXES.—If a gift received under this sub25 section is subject to a gift or inheritance tax, the 


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1 Secretary may pay the tax out of the proceeds of the 

2 gift or the proceeds of the redemption or sale of the 

3 gift. 

4 SEC. 106. AUTHORIZATION OF APPROPRIATIONS. 

5 There are authorized to be appropriated to the Sec6 retary $5,000,000 for each of fiscal years 2022 through 

7 2027 to carry out this title. 

8 SEC. 107. REPORT TO CONGRESS. 

9 The Secretary shall submit an annual report to Con10 gress not later than January 31 of each year regarding 

11 the Fund and the status of butterflies in North America. 

12 Each such report shall include with respect to the year 

13 for which such report is submitted a description of— 

14 (1) the total amounts deposited into and ex15 pended from the Fund; 

16 (2) the costs associated with the administration 

17 of the Fund; 

18 (3) a summary of the projects for which the 

19 Secretary has provided assistance under section 104 

20 and an evaluation of those projects; and 

21 (4) an evaluation of the status of threatened 

22 and endangered butterfly populations in North 

23 America. 


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1 TITLE II—PACIFIC ISLANDS 

2 PLANT CONSERVATION FUND 

3 ACT OF 2021 

4 SEC. 201. SHORT TITLE. 

5 This title may be cited as the ‘‘Pacific Islands Plant 

6 Conservation Fund Act of 2021’’. 

7 SEC. 202. PURPOSES. 

8 The purpose of this title is to assist in the conserva9 tion of threatened and endangered plant species in the Ha10 waiian Islands and the Pacific Island Territories of the 

11 United States by supporting and providing financial re12 sources for projects to conserve plant species, their eco13 systems, and address other threats to the survival of those 

14 plant species. 

15 SEC. 203. DEFINITIONS. 

16 In this title: 

17 (1) CONSERVATION.—The term ‘‘conservation’’ 

18 means the use of all methods and procedures nec19 essary to protect plants in the Pacific Islands includ20 ing— 

21 (A) protection, restoration, and manage22 ment of ecosystems; 

23 (B) onsite research and monitoring of pop24 ulations, ecosystems, annual reproduction, and 

25 plant population trends; 


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1 (C) assistance in the development, imple2 mentation, and improvement of management 

3 plans; 

4 (D) enforcement and implementation of 

5 applicable conservation laws; and 

6 (E) community outreach and education. 

7 (2) FUND.—The term ‘‘Fund’’ means the Pa8 cific Islands Plant Conservation Fund established by 

9 section 205. 

10 (3) PACIFIC ISLANDS.—The term ‘‘Pacific Is11 lands’’ means the Hawaiian islands and the United 

12 States territories of Guam, American Samoa, and 

13 the Northern Mariana Islands. 

14 (4) SECRETARY.—The term ‘‘Secretary’’ means 

15 the Secretary of the Interior. 

16 SEC. 204. PACIFIC ISLANDS PLANT CONSERVATION ASSIST17 ANCE. 

18 (a) ASSISTANCE.— 

19 (1) IN GENERAL.—Subject to the availability of 

20 funds and in consultation with other Federal offi21 cials, the Secretary of Interior shall provide competi22 tive financial assistance, including multiyear grants, 

23 for projects for the conservation of plant species on 

24 the Pacific Islands for which project proposals are 


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1 approved by the Secretary in accordance with this 

2 section. 

3 (2) USE OF EXISTING AUTHORITIES.—Assist4 ance provided under this section shall be carried out 

5 in a manner consistent with authorities available to 

6 the Secretary under the Endangered Species Act of 

7 1973 (16 U.S.C. 1531 et seq.). 

8 (b) PROJECT PROPOSALS.— 

9 (1) ELIGIBLE APPLICANTS.—A project proposal 

10 may be submitted to the Secretary under this section 

11 by— 

12 (A) a relevant State, territory, or Tribal 

13 agency with the research expertise required for 

14 the conservation of plant species on the Pacific 

15 Islands; and 

16 (B) any other individual or entity, as de17 termined appropriate by the Secretary, with the 

18 expertise required for the conservation of plant 

19 species on the Pacific Islands. 

20 (2) FEDERAL PARTNERSHIP OPPORTUNITIES.— 

21 A Federal agency may not be a lead entity or receive 

22 funding for a project under this section, but may be 

23 included as a partner or collaborator on a project 

24 that receives such funding. 


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1 (3) REQUIRED ELEMENTS.—A project proposal 

2 shall include— 

3 (A) a statement of the purposes of the 

4 project; 

5 (B) the name of the entity or individual 

6 with overall responsibility for the project; 

7 (C) a description of— 

8 (i) the qualifications of the entity or 

9 individuals that will conduct the project; 

10 (ii) methods for project implementa11 tion and outcome assessment; 

12 (iii) staffing and stakeholder engage13 ment for the project; 

14 (iv) the logistics of the project, includ15 ing cost estimates and timelines; 

16 (v) anticipated outcomes; 

17 (vi) mechanisms to ensure adequate 

18 local public participation in project devel19 opment and implementation; and 

20 (vii) how the project will promote sus21 tainable, effective, long-term programs to 

22 conserve plant populations on the Pacific 

23 Islands; 


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1 (D) demonstrated sensitivity to local his2 toric and cultural resources and compliance 

3 with applicable laws; 

4 (E) assurances that the project will be im5 plemented in consultation with relevant wildlife 

6 management authorities, Tribes, and other ap7 propriate government officials; 

8 (F) information that demonstrates the 

9 clear potential of the project to contribute to 

10 the conservation of threatened and endangered 

11 plant species on the Pacific Islands; 

12 (G) information regarding the source and 

13 amount of matching funding available for the 

14 project; and 

15 (H) such other information as the Sec16 retary may require. 

17 (c) PROJECT REVIEW AND APPROVAL.— 

18 (1) IN GENERAL.—The Secretary shall annu19 ally— 

20 (A) not later than 30 days after receiving 

21 a project proposal, provide a copy of the pro22 posal to other Federal officials, as appropriate; 

23 and 


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1 (B) review each project proposal in a time2 ly manner to determine whether the proposal 

3 meets the criteria specified in subsection (d). 

4 (2) CONSULTATION; APPROVAL OR DIS5 APPROVAL.—Subject to the availability of funds, the 

6 Secretary shall, with respect to each project proposal 

7 submitted under this section, and after consulting 

8 with other Federal officials, as appropriate— 

9 (A) consult with respect to the proposal 

10 with the government of the State or territory in 

11 which such project is to be conducted; and 

12 (B) provide written notification of the ap13 proval or disapproval to the individual or entity 

14 that submitted the proposal, such other Federal 

15 officials, and each State described in subpara16 graph (A). 

17 (d) CRITERIA FOR APPROVAL.— 

18 (1) IN GENERAL.—The Secretary may approve 

19 a project proposal under this section if the project 

20 will help recover and sustain viable populations of 

21 threatened and endangered plants by assisting ef22 forts on the Pacific Islands to implement plant con23 servation programs. 

24 (2) PRIORITY.—In selecting projects for assist25 ance, the Secretary shall give preference to projects 


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1 that conserve threatened and endangered species 

2 protected by the Endangered Species Act (16 U.S.C. 

3 1531 et seq.). 

4 (3) PROJECT SUSTAINABILITY.—To the max5 imum extent practicable, in determining whether to 

6 approve project proposals under this section, the 

7 Secretary shall give preference to conservation 

8 projects that are designed to ensure effective, long9 term conservation of plants and their ecosystems. 

10 (4) MATCHING FUNDS.—In determining wheth11 er to approve project proposals under this section, 

12 the Secretary shall give preference to projects for 

13 which matching funds are available. 

14 (5) WAIVER.—The Secretary may waive the ap15 plication of paragraphs (2), (3), and (4) if the Sec16 retary finds that such waiver is necessary to support 

17 a conservation project that the Secretary has identi18 fied as of high priority. 

19 (e) PROJECT REPORTING.— 

20 (1) IN GENERAL.—Each individual or entity 

21 that receives assistance under this section for a 

22 project shall submit to the Secretary periodic reports 

23 (at such intervals as the Secretary may require) that 

24 include all information that the Secretary, after con25 sultation with other government officials, determines 


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1 is necessary to evaluate the progress and success of 

2 such project for the purposes of ensuring positive re3 sults, assessing problems, and fostering improve4 ments. 

5 (2) AVAILABILITY TO THE PUBLIC.—Reports 

6 under paragraph (1), and any other documents re7 lating to projects for which financial assistance is 

8 provided under this title, shall be made available to 

9 the public in a timely manner. 

10 SEC. 205. PACIFIC ISLANDS PLANT CONSERVATION FUND. 

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

12 Treasury a separate account, to be known as the ‘‘Pacific 

13 Islands Plant Conservation Fund’’, consisting of— 

14 (1) amounts transferred to the Secretary of the 

15 Treasury for deposit into the Fund under subsection 

16 (e); 

17 (2) amounts appropriated to the Fund under 

18 section 206; and 

19 (3) any interest earned on investment of 

20 amounts in the Fund under subsection (c). 

21 (b) EXPENDITURES FROM FUND.— 

22 (1) IN GENERAL.—Subject to paragraph (2), at 

23 the request of the Secretary, the Secretary of the 

24 Treasury shall transfer from the Fund to the Sec25 retary, without further appropriation, such amounts 


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1 as the Secretary determines are necessary to carry 

2 out section 204. 

3 (2) ADMINISTRATIVE EXPENSES.—Of the 

4 amounts in the account available for each fiscal 

5 year, the Secretary may expend not more than 3 

6 percent, or up to $80,000, whichever is greater, to 

7 pay the administrative expenses necessary to carry 

8 out this title. 

9 (c) INVESTMENT OF AMOUNTS.— 

10 (1) IN GENERAL.—The Secretary of the Treas11 ury shall invest such portion of the Fund as is not, 

12 in the judgment of the Secretary of the Treasury, 

13 required to meet current withdrawals. Investments 

14 may be made only in interest-bearing obligations of 

15 the United States. 

16 (2) ACQUISITION OF OBLIGATIONS.—For the 

17 purpose of investments under paragraph (1), obliga18 tions may be acquired— 

19 (A) on original issue at the issue price; or 

20 (B) by purchase of outstanding obligations 

21 at market price. 

22 (3) SALE OF OBLIGATIONS.—Any obligation ac23 quired by the Fund may be sold by the Secretary of 

24 the Treasury at market price. 


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1 (4) CREDITS TO FUND.—The interest on, and 

2 the proceeds from the sale or redemption of, any ob3 ligations held in the Fund shall be credited to and 

4 form a part of the Fund. 

5 (d) TRANSFERS OF AMOUNTS.— 

6 (1) IN GENERAL.—The amounts required to be 

7 transferred to the Fund under this section shall be 

8 transferred at least monthly from the general fund 

9 of the Treasury to the Fund on the basis of esti10 mates made by the Secretary of the Treasury. 

11 (2) ADJUSTMENTS.—Proper adjustment shall 

12 be made in amounts subsequently transferred to the 

13 extent prior estimates were in excess of or less than 

14 the amounts required to be transferred. 

15 (e) ACCEPTANCE AND USE OF DONATIONS.— 

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

17 for the Government a gift of any of the following to 

18 provide assistance under section 204: 

19 (A) Money. 

20 (B) An obligation of the Government in21 cluded in the public debt made only on the con22 dition that the obligation be canceled and re23 tired and not reissued. 

24 (C) Other intangible personal property 

25 made only on the condition that the property is 


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1 sold on the best terms available and the pro2 ceeds are deposited in the Fund. 

3 (2) DISCRETION TO REJECT A GIFT.—The Sec4 retary may reject a gift under this section when the 

5 rejection is in the interest of the Government. 

6 (3) TAXES.—If a gift received under this sub7 section is subject to a gift or inheritance tax, the 

8 Secretary may pay the tax out of the proceeds of the 

9 gift or the proceeds of the redemption or sale of the 

10 gift. 

11 SEC. 206. AUTHORIZATION OF APPROPRIATIONS. 

12 There are authorized to be appropriated to the Sec13 retary $5,000,000 for each of fiscal years 2022 through 

14 2027 to carry out this title. 

15 SEC. 207. REPORT TO CONGRESS. 

16 The Secretary shall submit an annual report to Con17 gress not later than January 31 of each year regarding 

18 the Fund and the status of threatened and endangered 

19 plant species on the Hawaiian Islands. Each such report 

20 shall include with respect to the year for which the report 

21 is submitted a description of— 

22 (1) the total amounts deposited into and ex23 pended from the Fund; 

24 (2) the costs associated with the administration 

25 of the Fund; 


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1 (3) a summary of the projects for which the 

2 Secretary has provided assistance under section 204 

3 and an evaluation of those projects; and 

4 (4) an evaluation of the status of threatened 

5 and endangered plant populations on the Pacific Is6 lands. 

7 TITLE III—FRESHWATER MUS8 SEL CONSERVATION FUND 

9 ACT OF 2021 

10 SEC. 301. SHORT TITLE. 

11 This title may be cited as the ‘‘Freshwater Mussel 

12 Conservation Fund Act of 2021’’. 

13 SEC. 302. PURPOSES. 

14 The purpose of this title is to assist in the conserva15 tion of threatened and endangered freshwater mussels spe16 cies and their habitats in the United States by supporting 

17 and providing financial resources for projects to conserve 

18 freshwater mussel species, their habitats, and address 

19 other threats to the survival of those species. 

20 SEC. 303. DEFINITIONS. 

21 In this title: 

22 (1) CONSERVATION.—The term ‘‘conservation’’ 

23 means the use of all methods and procedures nec24 essary to protect habitats of freshwater mussel speVerDate Sep 11 2014 02:20 Jul 03, 2021 Jkt 019200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\H3396.IH H3396

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1 cies in the United States and of the freshwater mus2 sel species in those habitats including— 

3 (A) protection, restoration, and manage4 ment of habitats; 

5 (B) onsite research and monitoring of pop6 ulations, habitats, annual reproduction, and 

7 mussel species population trends; 

8 (C) assistance in the development, imple9 mentation, and improvement of national and re10 gional management plans; 

11 (D) enforcement and implementation of 

12 applicable conservation laws; and 

13 (E) community outreach and education. 

14 (2) FUND.—The term ‘‘Fund’’ means the 

15 Freshwater Mussel Conservation Fund established 

16 by section 305. 

17 (3) FRESHWATER MUSSELS.—The terms 

18 ‘‘freshwater mussel’’ and ‘‘freshwater mussels’’ 

19 mean any member of the order Unioinida. 

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

21 the Secretary of the Interior. 

22 SEC. 304. FRESHWATER MUSSEL CONSERVATION ASSIST23 ANCE. 

24 (a) IN GENERAL.—Subject to the availability of 

25 funds and in consultation with other Federal officials, the 


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1 Secretary of Interior shall provide competitive financial as2 sistance, including multiyear grants, for projects for the 

3 conservation of freshwater mussels in the United States 

4 for which project proposals are approved by the Secretary 

5 in accordance with this section. 

6 (b) USE OF EXISTING AUTHORITIES.—Assistance 

7 provided under this section shall be carried out in a man8 ner consistent with authorities available to the Secretary 

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

10 1531 et seq.). 

11 (c) PROJECT PROPOSALS.— 

12 (1) ELIGIBLE APPLICANTS.—A project proposal 

13 may be submitted to the Secretary under this section 

14 by— 

15 (A) a relevant State and Tribal agency, re16 search institution, or nonprofit organization 

17 with the expertise required for the conservation 

18 of freshwater mussels in the United States; and 

19 (B) any other individual or entity, as de20 termined appropriate by the Secretary, with the 

21 expertise required for the conservation of fresh22 water mussels in the United States. 

23 (2) FEDERAL PARTNERSHIP OPPORTUNITIES.— 

24 A Federal agency may not be a lead entity or receive 

25 funding for a project under this section, but may be 


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1 included as a partner or collaborator on a project 

2 that receives such funding. 

3 (3) REQUIRED ELEMENTS.—A project proposal 

4 shall include— 

5 (A) a statement of the purposes of the 

6 project; 

7 (B) the name of the entity or individual 

8 with overall responsibility for the project; 

9 (C) a description of— 

10 (i) the qualifications of the entity or 

11 individuals that will conduct the project; 

12 (ii) methods for project implementa13 tion and outcome assessment; 

14 (iii) staffing and stakeholder engage15 ment for the project; 

16 (iv) the logistics of the project, includ17 ing cost estimates and timelines; 

18 (v) anticipated outcomes; 

19 (vi) mechanisms to ensure adequate 

20 local public participation in project devel21 opment and implementation; and 

22 (vii) how the project will promote sus23 tainable, effective, long-term programs to 

24 conserve plant populations on the Pacific 

25 Islands; 


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1 (D) demonstrated sensitivity to local his2 toric and cultural resources and compliance 

3 with applicable laws; 

4 (E) assurances that the project will be im5 plemented in consultation with relevant wildlife 

6 management authorities, Tribes, and other ap7 propriate government officials; 

8 (F) information that demonstrates the 

9 clear potential of the project to contribute to 

10 the conservation of freshwater mussels in the 

11 United States; 

12 (G) information regarding the source and 

13 amount of matching funding available for the 

14 project; and 

15 (H) such other information as the Sec16 retary may require. 

17 (d) PROJECT REVIEW AND APPROVAL.— 

18 (1) IN GENERAL.—The Secretary shall annu19 ally— 

20 (A) solicit project proposals for grants 

21 under this section; 

22 (B) provide to other Federal officials, as 

23 appropriate, copies of each proposal submitted 

24 in response to the solicitation; and 


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1 (C) review each such proposal on a 

2 timeline that recognizes the urgency of the de3 clining number of freshwater mussel species in 

4 the United States to determine whether the 

5 proposal meets the criteria specified in sub6 section (d). 

7 (2) CONSULTATION; APPROVAL OR DIS8 APPROVAL.—Subject to the availability of funds, the 

9 Secretary shall, with respect to each project proposal 

10 submitted under this section, and after consulting 

11 with other Federal officials, as appropriate— 

12 (A) consult with respect to the proposal 

13 with the government of each State and foreign 

14 country in which the project is to be conducted; 

15 and 

16 (B) provide written notification of the ap17 proval or disapproval to the individual or entity 

18 that submitted the proposal, such other Federal 

19 officials, and each State and foreign country de20 scribed in subparagraph (A). 

21 (e) CRITERIA FOR APPROVAL.— 

22 (1) IN GENERAL.—The Secretary may approve 

23 a project proposal under this section if the project 

24 shows promise for contributing to recovering and 


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1 sustaining freshwater mussel populations in the 

2 United States in the wild. 

3 (2) PRIORITY.—In selecting projects for assist4 ance, the Secretary shall give preference to projects 

5 that conserve threatened and endangered species 

6 protected by the Endangered Species Act (16 U.S.C. 

7 1531 et seq.). 

8 (3) PROJECT SUSTAINABILITY.—To the max9 imum extent practicable, in determining whether to 

10 approve project proposals under this section, the 

11 Secretary shall give preference to conservation 

12 projects that are designed to ensure effective, long13 term conservation of freshwater mussels and their 

14 habitats. 

15 (4) MATCHING FUNDS.—In determining wheth16 er to approve project proposals under this section, 

17 the Secretary shall give preference to projects for 

18 which matching funds are available. 

19 (5) WAIVER.—The Secretary may waive the ap20 plication of paragraphs (2), (3), and (4) with respect 

21 to a conservation project if the Secretary finds that 

22 such waiver is necessary to support a conservation 

23 project that the Secretary has identified as of high 

24 priority. 

25 (f) PROJECT REPORTING.— 


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1 (1) IN GENERAL.—Each individual or entity 

2 that receives assistance under this section for a 

3 project shall submit to the Secretary periodic reports 

4 (at such intervals as the Secretary may require) that 

5 include all information that the Secretary, after con6 sultation with other government officials, determines 

7 is necessary to evaluate the progress and success of 

8 such project for the purposes of ensuring positive re9 sults, assessing problems, and fostering improve10 ments. 

11 (2) AVAILABILITY TO THE PUBLIC.—Reports 

12 under paragraph (1), and any other documents re13 lating to projects for which financial assistance is 

14 provided under this title, shall be made available to 

15 the public in a timely manner. 

16 SEC. 305. FRESHWATER MUSSELS CONSERVATION FUND. 

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

18 Treasury a separate account, to be known as the ‘‘Fresh19 water Mussels Conservation Fund’’, consisting of— 

20 (1) amounts transferred to the Secretary of the 

21 Treasury for deposit into the Fund under subsection 

22 (e); 

23 (2) amounts appropriated to the Fund under 

24 section 306; and 


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1 (3) any interest earned on investment of 

2 amounts in the Fund under subsection (c). 

3 (b) EXPENDITURES FROM FUND.— 

4 (1) IN GENERAL.—Subject to paragraph (2), at 

5 the request of the Secretary, the Secretary of the 

6 Treasury shall transfer from the Fund to the Sec7 retary, without further appropriation, such amounts 

8 as the Secretary determines are necessary to carry 

9 out section 304. 

10 (2) ADMINISTRATIVE EXPENSES.—Of the 

11 amounts in the account available for each fiscal 

12 year, the Secretary may expend not more than 3 

13 percent, or up to $80,000, whichever is greater, to 

14 pay the administrative expenses necessary to carry 

15 out this title. 

16 (c) INVESTMENT OF AMOUNTS.— 

17 (1) IN GENERAL.—The Secretary of the Treas18 ury shall invest such portion of the Fund as is not, 

19 in the judgment of the Secretary of the Treasury, 

20 required to meet current withdrawals. Investments 

21 may be made only in interest-bearing obligations of 

22 the United States. 

23 (2) ACQUISITION OF OBLIGATIONS.—For the 

24 purpose of investments under paragraph (1), obliga25 tions may be acquired— 


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1 (A) on original issue at the issue price; or 

2 (B) by purchase of outstanding obligations 

3 at market price. 

4 (3) SALE OF OBLIGATIONS.—Any obligation ac5 quired by the Fund may be sold by the Secretary of 

6 the Treasury at market price. 

7 (4) CREDITS TO FUND.—The interest on, and 

8 the proceeds from the sale or redemption of, any ob9 ligations held in the Fund shall be credited to and 

10 form a part of the Fund. 

11 (d) TRANSFERS OF AMOUNTS.— 

12 (1) IN GENERAL.—The amounts required to be 

13 transferred to the Fund under this section shall be 

14 transferred at least monthly from the general fund 

15 of the Treasury to the Fund on the basis of esti16 mates made by the Secretary of the Treasury. 

17 (2) ADJUSTMENTS.—Proper adjustment shall 

18 be made in amounts subsequently transferred to the 

19 extent prior estimates were in excess of or less than 

20 the amounts required to be transferred. 

21 (e) ACCEPTANCE AND USE OF DONATIONS.— 

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

23 for the Government a gift of any of the following to 

24 provide assistance under section 304: 

25 (A) Money. 


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1 (B) An obligation of the Government in2 cluded in the public debt made only on the con3 dition that the obligation be canceled and re4 tired and not reissued. 

5 (C) Other intangible personal property 

6 made only on the condition that the property is 

7 sold on the best terms available and the pro8 ceeds are deposited in the Fund. 

9 (2) DISCRETION TO REJECT A GIFT.—The Sec10 retary may reject a gift under this section when the 

11 rejection is in the interest of the Government. 

12 (3) TAXES.—If a gift received under this sub13 section is subject to a gift or inheritance tax, the 

14 Secretary may pay the tax out of the proceeds of the 

15 gift or the proceeds of the redemption or sale of the 

16 gift. 

17 SEC. 306. AUTHORIZATION OF APPROPRIATIONS. 

18 There are authorized to be appropriated to the Sec19 retary $5,000,000 for each of fiscal years 2022 through 

20 2027 to carry out this title. 

21 SEC. 307. REPORT TO CONGRESS. 

22 The Secretary shall submit an annual report to Con23 gress not later than January 31 of each year regarding 

24 the Fund and the status of freshwater mussels in the 

25 United States. Each such report shall include with respect 


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1 to the year for which the report is submitted a description 

2 of— 

3 (1) the total amounts deposited into and ex4 pended from the Fund; 

5 (2) the costs associated with the administration 

6 of the Fund; 

7 (3) a summary of the projects for which the 

8 Secretary has provided assistance under section 304 

9 and an evaluation of those projects; and 

10 (4) an evaluation of the status of threatened 

11 and endangered freshwater mussel populations in 

12 the United States. 

13 TITLE IV—SOUTHWEST DESERT 

14 FISH CONSERVATION FUND 

15 ACT OF 2021 

16 SEC. 401. SHORT TITLE. 

17 This title may be cited as the ‘‘Southwest Desert Fish 

18 Conservation Fund Act of 2021’’. 

19 SEC. 402. PURPOSES. 

20 The purpose of this title is to assist in the conserva21 tion of threatened and endangered desert fish species and 

22 their habitats in the Southwest United States by sup23 porting and providing financial resources for projects to 

24 conserve desert fish species, their habitats, and address 

25 other threats to the survival of desert fish species. 


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1 SEC. 403. DEFINITIONS. 

2 In this title: 

3 (1) CONSERVATION.—The term ‘‘conservation’’ 

4 means the use of all methods and procedures nec5 essary to protect habitats of desert fish species in 

6 the Southwest and of the fish species in those habi7 tats including— 

8 (A) protection, restoration, and manage9 ment of habitats; 

10 (B) onsite research and monitoring of pop11 ulations, habitats, annual reproduction, and 

12 desert fish species population trends; 

13 (C) assistance in the development, imple14 mentation, and improvement of national and re15 gional management plans; 

16 (D) enforcement and implementation of 

17 applicable conservation laws; and 

18 (E) community outreach and education. 

19 (2) FUND.—The term ‘‘Fund’’ means the 

20 Southwest Desert Fish Conservation Fund estab21 lished by section 405. 

22 (3) DESERT FISH.—The term ‘‘desert fish’’ 

23 means any member of the class Osteichthyes living 

24 in a desert ecosystem. 


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1 (4) SOUTHWEST.—The term ‘‘Southwest’’ 

2 means the States of Arizona, California, Colorado, 

3 Nevada, New Mexico, and Utah. 

4 (5) SECRETARY.—The term ‘‘Secretary’’ means 

5 the Secretary of the Interior. 

6 SEC. 404. SOUTHWEST DESERT FISH CONSERVATION AS7 SISTANCE. 

8 (a) ASSISTANCE.— 

9 (1) IN GENERAL.—Subject to the availability of 

10 funds and in consultation with other Federal offi11 cials, the Secretary of Interior (in this title referred 

12 to as the ‘‘Secretary’’) shall provide competitive fi13 nancial assistance, including multiyear grants, for 

14 projects for the conservation of desert fish species in 

15 Southwest for which project proposals are approved 

16 by the Secretary in accordance with this section. 

17 (2) USE OF EXISTING AUTHORITIES.—Assist18 ance provided under this section shall be carried out 

19 in a manner consistent with authorities available to 

20 the Secretary under the Endangered Species Act of 

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

22 (b) PROJECT PROPOSALS.— 

23 (1) ELIGIBLE APPLICANTS.—A project proposal 

24 may be submitted to the Secretary under this section 

25 by— 


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1 (A) a relevant State or Tribal agency, re2 search institution, or nonprofit organization 

3 with expertise required for the conservation of 

4 desert fish species in the Southwest; and 

5 (B) any other individual or entity, as de6 termined appropriate by the Secretary, with the 

7 expertise required for the conservation of desert 

8 fish species in the Southwest. 

9 (2) FEDERAL PARTNERSHIP OPPORTUNITIES.— 

10 A Federal agency may not be a lead entity or receive 

11 funding for a project under this section, but may be 

12 included as a partner or collaborator on a project 

13 that receives such funding. 

14 (3) REQUIRED ELEMENTS.—A project proposal 

15 shall include— 

16 (A) a statement of the purposes of the 

17 project; 

18 (B) the name of the entity or individual 

19 with overall responsibility for the project; 

20 (C) a description of— 

21 (i) the qualifications of the entity or 

22 individuals that will conduct the project; 

23 (ii) methods for project implementa24 tion and outcome assessment; 


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1 (iii) staffing and stakeholder engage2 ment for the project; 

3 (iv) the logistics of the project, includ4 ing cost estimates and timelines; 

5 (v) anticipated outcomes; 

6 (vi) mechanisms to ensure adequate 

7 local public participation in project devel8 opment and implementation; and 

9 (vii) how the project will promote sus10 tainable, effective, long-term programs to 

11 conserve desert fish populations in the 

12 Southwest; 

13 (D) demonstrated sensitivity to local his14 toric and cultural resources and compliance 

15 with applicable laws; 

16 (E) assurances that the project will be im17 plemented in consultation with relevant wildlife 

18 management authorities, Tribes, and other ap19 propriate government officials; 

20 (F) information that demonstrates the 

21 clear potential of the project to contribute to 

22 the conservation of desert fish populations in 

23 the Southwest; 


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1 (G) information regarding the source and 

2 amount of matching funding available for the 

3 project; and 

4 (H) such other information as the Sec5 retary may require. 

6 (c) PROJECT REVIEW AND APPROVAL.— 

7 (1) IN GENERAL.—The Secretary shall annu8 ally— 

9 (A) solicit project proposals for grants 

10 under this section; 

11 (B) provide to other Federal officials, as 

12 appropriate, copies of each proposal submitted 

13 in response to the solicitation; and 

14 (C) review each such proposal on a 

15 timeline that recognizes the urgency of the de16 clining number of desert fish species in the 

17 Southwest to determine whether the proposal 

18 meets the criteria specified in subsection (d). 

19 (2) CONSULTATION; APPROVAL OR DIS20 APPROVAL.—Subject to the availability of funds, the 

21 Secretary shall, with respect to each project proposal 

22 submitted under this section, and after consulting 

23 with other Federal officials, as appropriate— 

24 (A) consult with respect to the proposal 

25 with the government of each State and foreign 


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1 country in which the project is to be conducted; 

2 and 

3 (B) provide written notification of the ap4 proval or disapproval to the individual or entity 

5 that submitted the proposal, such other Federal 

6 officials, and each State and foreign country de7 scribed in subparagraph (A). 

8 (d) CRITERIA FOR APPROVAL.—The Secretary may 

9 approve a project proposal under this section if the project 

10 shows promise for contributing to recovering and sus11 taining desert fish populations in the Southwest in the 

12 wild. 

13 (1) PRIORITY.—In selecting projects for assist14 ance, the Secretary shall give preference to projects 

15 that conserve threatened and endangered species 

16 protected by the Endangered Species Act (16 U.S.C. 

17 1531 et seq.). 

18 (2) PROJECT SUSTAINABILITY.—To the max19 imum extent practicable, in determining whether to 

20 approve project proposals under this section, the 

21 Secretary shall give preference to conservation 

22 projects that are designed to ensure effective, long23 term conservation of desert fish and their habitats. 

24 (3) MATCHING FUNDS.—In determining wheth25 er to approve project proposals under this section, 


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1 the Secretary shall give preference to projects for 

2 which matching funds are available. 

3 (4) WAIVER.—The Secretary may waive the ap4 plication of paragraph (2), (3), and (4) if the Sec5 retary finds that such waiver is necessary to support 

6 a conservation project that the Secretary has identi7 fied as of high priority. 

8 (e) PROJECT REPORTING.— 

9 (1) IN GENERAL.—Each individual or entity 

10 that receives assistance under this section for a 

11 project shall submit to the Secretary periodic reports 

12 (at such intervals as the Secretary may require) that 

13 include all information that the Secretary, after con14 sultation with other government officials, determines 

15 is necessary to evaluate the progress and success of 

16 such project for the purposes of ensuring positive re17 sults, assessing problems, and fostering improve18 ments. 

19 (2) AVAILABILITY TO THE PUBLIC.—Reports 

20 under paragraph (1), and any other documents re21 lating to projects for which financial assistance is 

22 provided under this title, shall be made available to 

23 the public in a timely manner. 


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1 SEC. 405. SOUTHWEST DESERT FISH CONSERVATION FUND. 

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

3 Treasury a separate account, to be known as the ‘‘South4 west Desert Fish Conservation Fund’’, consisting of— 

5 (1) amounts transferred to the Secretary of the 

6 Treasury for deposit into the Fund under subsection 

7 (e); 

8 (2) amounts appropriated to the Fund under 

9 section 406; and 

10 (3) any interest earned on investment of 

11 amounts in the Fund under subsection (c). 

12 (b) EXPENDITURES FROM FUND.— 

13 (1) IN GENERAL.—Subject to paragraph (2), at 

14 the request of the Secretary, the Secretary of the 

15 Treasury shall transfer from the Fund to the Sec16 retary, without further appropriation, such amounts 

17 as the Secretary determines are necessary to carry 

18 out section 404. 

19 (2) ADMINISTRATIVE EXPENSES.—Of the 

20 amounts in the account available for each fiscal 

21 year, the Secretary may expend not more than 3 

22 percent, or up to $80,000, whichever is greater, to 

23 pay the administrative expenses necessary to carry 

24 out this title. 

25 (c) INVESTMENT OF AMOUNTS.— 


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1 (1) IN GENERAL.—The Secretary of the Treas2 ury shall invest such portion of the Fund as is not, 

3 in the judgment of the Secretary of the Treasury, 

4 required to meet current withdrawals. Investments 

5 may be made only in interest-bearing obligations of 

6 the United States. 

7 (2) ACQUISITION OF OBLIGATIONS.—For the 

8 purpose of investments under paragraph (1), obliga9 tions may be acquired— 

10 (A) on original issue at the issue price; or 

11 (B) by purchase of outstanding obligations 

12 at market price. 

13 (3) SALE OF OBLIGATIONS.—Any obligation ac14 quired by the Fund may be sold by the Secretary of 

15 the Treasury at market price. 

16 (4) CREDITS TO FUND.—The interest on, and 

17 the proceeds from the sale or redemption of, any ob18 ligations held in the Fund shall be credited to and 

19 form a part of the Fund. 

20 (d) TRANSFERS OF AMOUNTS.— 

21 (1) IN GENERAL.—The amounts required to be 

22 transferred to the Fund under this section shall be 

23 transferred at least monthly from the general fund 

24 of the Treasury to the Fund on the basis of esti25 mates made by the Secretary of the Treasury. 


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1 (2) ADJUSTMENTS.—Proper adjustment shall 

2 be made in amounts subsequently transferred to the 

3 extent prior estimates were in excess of or less than 

4 the amounts required to be transferred. 

5 (e) ACCEPTANCE AND USE OF DONATIONS.— 

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

7 for the Government a gift of any of the following to 

8 provide assistance under section 404: 

9 (A) Money. 

10 (B) An obligation of the Government in11 cluded in the public debt made only on the con12 dition that the obligation be canceled and re13 tired and not reissued. 

14 (C) Other intangible personal property 

15 made only on the condition that the property is 

16 sold on the best terms available and the pro17 ceeds are deposited in the Fund. 

18 (2) DISCRETION TO REJECT A GIFT.—The Sec19 retary may reject a gift under this section when the 

20 rejection is in the interest of the Government. 

21 (3) TAXES.—If a gift received under this sub22 section is subject to a gift or inheritance tax, the 

23 Secretary may pay the tax out of the proceeds of the 

24 gift or the proceeds of the redemption or sale of the 

25 gift. 


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1 SEC. 406. AUTHORIZATION OF APPROPRIATIONS. 

2 There are authorized to be appropriated to the Sec3 retary $5,000,000 for each of fiscal years 2022 through 

4 2027 to carry out this title. 

5 SEC. 407. REPORT TO CONGRESS. 

6 The Secretary shall submit an annual report to Con7 gress not later than January 31 of each year regarding 

8 the Fund and the status of desert fish in the Southwest. 

9 Each such report shall include with respect to the year 

10 for which the report is submitted a description of— 

11 (1) the total amounts deposited into and ex12 pended from the Fund; 

13 (2) the costs associated with the administration 

14 of the Fund; 

15 (3) a summary of the projects for which the 

16 Secretary has provided assistance under section 404 

17 and an evaluation of those projects; and 

18 (4) an evaluation of the status of threatened 

19 and endangered desert fish populations in the South20 west. 

Æ 


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