II
Calendar No. 945
106TH CONGRESS
2D SESSION
H. R. 3671
[Report No. 106–495]
IN THE SENATE OF THE UNITED STATES
APRIL 6, 2000
Received; read twice and referred to the Committee on Environment and
Public Works
OCTOBER 10 (legislative day, SEPTEMBER 22), 2000
Reported by Mr. SMITH of New Hampshire, with an amendment
[Strike out all after the enacting clause and insert the part printed in italic]
AN ACT
To amend the Acts popularly known as the Pittman-Robert-
son Wildlife Restoration Act and the Dingell-Johnson
Sport Fish Restoration Act to enhance the funds avail-
able for grants to States for fish and wildlife conserva-
tion projects and increase opportunities for recreational
hunting, bow hunting, trapping, archery, and fishing,
by eliminating opportunities for waste, fraud, abuse, mal-
administration, and unauthorized expenditures for ad-
ministration and execution of those Acts, and for other
purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Wildlife and Sport
Fish Restoration Programs Improvement Act of 2000’’.
SEC. 2. DEFINITIONS.
In this Act:
(1) WILDLIFE RESTORATION ACT.—The term
‘‘Wildlife Restoration Act’’ means the Act of Sep-
tember 2, 1937 (chapter 899; 16 U.S.C. 669 et
seq.), popularly known as the Federal Aid in Wildlife
Restoration Act and as the Pittman-Robertson Wild-
life Restoration Act.
(2) SPORT FISH RESTORATION ACT.—The term
‘‘Sport Fish Restoration Act’’ means the Act of Au-
gust 9, 1950 (chapter 658; 16 U.S.C. 777 et seq.),
popularly known as the Federal Aid in Fish Restora-
tion Act and as the Dingell-Johnson Sport Fish Res-
toration Act.
TITLE I—WILDLIFE
RESTORATION
SEC. 101. EXPENDITURES FOR ADMINISTRATION.
(a) ANNUAL SET-ASIDE
FOR ADMINISTRATION.—
Section 4 of the Wildlife Restoration Act (16 U.S.C. 669c)
is amended—
(1) by redesignating subsection (b) as sub-
section (c);
(2) by amending so much as precedes the sec-
ond sentence of subsection (a) to read as follows:
‘‘ALLOCATION AND APPORTIONMENT OF AVAILABLE
AMOUNTS
‘‘SEC. 4. (a) SET-ASIDE FOR ADMINISTRATION.—
(1)(A) Of the revenues (excluding interest accruing under
section 3(b)) covered into the fund, the Secretary may use
up to the amount specified in subparagraph (B) for ex-
penses to administer this Act, in accordance with this sub-
section and section 9.
‘‘(B) The amount referred to in subparagraph (A) is
the following:
‘‘(i) In fiscal year 2001, $7,090,000.
‘‘(ii) In fiscal year 2002, $6,710,000.
‘‘(iii) In fiscal year 2003, $6,330,000.
‘‘(iv) In fiscal year 2004 and each fiscal year
thereafter—
‘‘(I) the amount available for the preceding
fiscal year, plus
‘‘(II) an amount to reflect the change in
the consumer price index over the preceding fis-
cal year, which shall be determined by the Sec-
retary of the Treasury by multiplying such
change times the amount available for the pre-
ceding fiscal year.
‘‘(2)(A) The amount authorized to be used by the
Secretary under paragraph (1) each fiscal year shall re-
main available for obligation for such use until the expira-
tion of that fiscal year. Within 60 days after that fiscal
year, the Secretary shall apportion among the States any
of the amount that remains unobligated at the end of the
fiscal year, on the same basis and in the same manner
as other amounts authorized by this Act are apportioned
among the States for the fiscal year in which the appor-
tionment is made.
‘‘(B) Within 30 days after the end of each fiscal year,
the Secretary shall—
‘‘(i) certify in writing to the Secretary of the
Treasury
and
to
each
State
fish
and
game
department—
‘‘(I) the amount apportioned under sub-
paragraph (A) to each State in the most recent
apportionment under that subparagraph; and
‘‘(II) amounts obligated by the Secretary
during the fiscal year for administration of this
Act; and
‘‘(ii)
publish
in
the
Federal
Register
the
amounts so certified.
‘‘(b) APPORTIONMENT TO STATES.—’’; and
(3) in subsection (b), as designated by the
amendment made by paragraph (2), by striking
‘‘after making the aforesaid deduction, shall appor-
tion, except as provided in subsection (b) of this sec-
tion,’’ and inserting ‘‘after deducting the amount au-
thorized to be used under subsection (a), the amount
apportioned under subsection (c), any amount ap-
portioned under section 8A, and amounts provided
as grants under sections 10 and 11, shall appor-
tion’’.
(b) REQUIREMENTS AND RESTRICTIONS REGARDING
USE OF AMOUNTS FOR ADMINISTRATION.—Section 9 of
the Wildlife Restoration Act (16 U.S.C. 669h) is amended
to read as follows:
‘‘REQUIREMENTS AND RESTRICTIONS REGARDING USE OF
AMOUNTS FOR ADMINISTRATION
‘‘SEC.
9.
(a)
AUTHORIZED
ADMINISTRATIVE
COSTS.—The Secretary may use amounts under section
4(a)(1) only for administration expenses that directly sup-
port the implementation of this Act and that consist of
any of the following:
‘‘(1) Personnel costs of any employee who di-
rectly administers this Act on a full-time basis.
‘‘(2) Personnel costs of any employee who di-
rectly administers this Act on a part-time basis for
at least 20 hours each week, not to exceed the por-
tion of such costs incurred with respect to the work
hours of such employee during which the employee
directly administers this Act, as such hours are cer-
tified by the supervisor of the employee.
‘‘(3) Support costs directly associated with per-
sonnel costs authorized under paragraphs (1) and
(2) of this subsection not including costs associated
with staffing and operation of regional offices of the
United States Fish and Wildlife Service and the De-
partment of the Interior, other than for purposes of
this Act.
‘‘(4) Costs of determining under section 6(a)
whether State comprehensive plans and projects are
substantial in character and design.
‘‘(5) Overhead costs, including general adminis-
trative services, that are directly attributable to ad-
ministration of this Act based on—
‘‘(A) actual costs, as determined by a di-
rect cost allocation methodology approved by
the Director of the Office of Management and
Budget for use by Federal agencies; and
‘‘(B) for those costs not determinable pur-
suant to subparagraph (A), an amount per full-
time equivalent employee authorized pursuant
to paragraphs (1) and (2) that does not exceed
the amount charged or assessed for such costs
per full-time equivalent employee for any other
division or program of the United States Fish
and Wildlife Service.
‘‘(6) Costs incurred in auditing the wildlife and
sportfish activities of each State fish and game de-
partment and the use of funds under section 6 by
each State fish and game department every 5 years.
‘‘(7) Costs of audits under subsection (d).
‘‘(8) Costs of necessary training of Federal and
State full-time personnel who administer this Act to
improve administration of this Act.
‘‘(9) Costs of travel to the States, territories,
and Canada by personnel who administer this Act on
a full-time basis for purposes directly related to ad-
ministration of State programs or projects, or who
administer grants under section 6, section 10, or
section 11.
‘‘(10) Costs of travel outside of the United
States (except travel to Canada) that relates directly
to administration of this Act and that is approved
directly by the Assistant Secretary for Fish and
Wildlife and Parks.
‘‘(11) Relocation expenses for personnel who,
after relocation, will administer this Act on a full-
time basis for at least 1 year, as certified by the Di-
rector of the United States Fish and Wildlife Service
at the time such relocation expenses are incurred.
‘‘(12) Costs to audit, evaluate, approve, dis-
approve, and advise concerning grants under section
6, section 10, or section 11.
‘‘(b) UNAUTHORIZED COSTS.—Use of funds for a
cost to administer this Act shall not be authorized because
the cost is not expressly prohibited by this Act.
‘‘(c) RESTRICTION ON USE TO SUPPLEMENT GEN-
ERAL APPROPRIATIONS.—The Secretary may not use
amounts under section 4(a)(1) to supplement any function
for which general appropriations are made for the United
States Fish and Wildlife Service or any other entity of
the Department of the Interior.
‘‘(d) AUDIT REQUIREMENT.—(1) The Inspector Gen-
eral of the Department of the Interior shall procure the
conduct of biennial audits, in accordance with generally
accepted accounting principles, of expenditures of amounts
used by the Secretary for administration of this Act.
‘‘(2) Audits under this subsection shall be performed
under contracts that are awarded under competitive proce-
dures (as that term is defined in section 4 of the Office
of Federal Procurement Policy Act (41 U.S.C. 403)), by
a person that is not associated in any way with the De-
partment of the Interior.
‘‘(3) The auditor selected pursuant to paragraph (1)
shall report to, and be supervised by, the Inspector Gen-
eral of the Department of the Interior, except that the
auditor shall submit a copy of the biennial audit findings
to the Secretary at the time such findings are submitted
to the Inspector General of the Department of the Inte-
rior.
‘‘(4) The Inspector General of the Department of the
Interior shall promptly report to the Committee on Re-
sources of the House of Representatives and the Com-
mittee on Environment and Public Works of the Senate
on the results of each such audit.
‘‘(e) CERTIFICATION BY SECRETARY.—(1) The Sec-
retary shall within 3 months after each fiscal year certify
in writing to the Committee on Resources of the House
of Representatives and the Committee on Environment
and Public Works of the Senate the following for the fiscal
year:
‘‘(A) The amount of funds used under section
4(a)(1) and a breakdown of categories for which
such funds were expended.
‘‘(B) The amount of funds apportioned to
States under section 4(a)(2).
‘‘(C) The results of the audits performed pursu-
ant to subsection (d).
‘‘(D) That all funds expended under section
4(a)(1) were necessary for administration of this
Act.
‘‘(E) The Secretary, the Assistant Secretary for
Fish and Wildlife and Parks, the Director of the
United States Fish and Wildlife Service, and the As-
sistant Director for Wildlife and Sport Fish Restora-
tion Programs each properly discharged their duties
under this Act.
‘‘(2) The Secretary may not delegate the responsi-
bility to make certifications under paragraph (1) except
to the Assistant Secretary for Fish and Wildlife and
Parks.
‘‘(3) Within 60 days after the start of each fiscal
year, the Assistant Director for Wildlife and Sport Fish
Restoration Programs shall provide to the Committee on
Resources of the House of Representatives and the Com-
mittee on Environment and Public Works of the Senate
the following for the fiscal year:
‘‘(A) The amount of funds that will be ex-
pended in the fiscal year under section 4(a)(1) and
a breakdown of categories for which such funds will
be expended.
‘‘(B) A description of how the funds to be ex-
pended are necessary for administration of this Act.
‘‘(4) The Secretary shall promptly publish in the Fed-
eral Register each certification under this subsection.
‘‘(f) CERTIFICATION BY ASSISTANT DIRECTOR FOR
WILDLIFE AND SPORT FISH RESTORATION PROGRAMS.—
Within 1 month after the end of each fiscal year, the As-
sistant Director for Wildlife and Sport Fish Restoration
Programs shall—
‘‘(1) certify that—
‘‘(A) all amounts expended in that fiscal
year to administer this Act in agency head-
quarters and in regional offices of the United
State Fish and Wildlife Service were used in ac-
cordance with this Act; and
‘‘(B) all such expenditures were necessary
to administer this Act; and
‘‘(2) distribute such certifications to each State
fish and game department.’’.
SEC. 102. FIREARM AND BOW HUNTER EDUCATION AND
SAFETY PROGRAM GRANTS.
The Wildlife Restoration Act is amended by redesig-
nating section 10 as section 12, and by inserting after sec-
tion 9 the following:
‘‘FIREARM AND BOW HUNTER EDUCATION AND SAFETY
PROGRAM GRANTS
‘‘SEC. 10. (a) IN GENERAL.—Of the revenues covered
into the fund in each fiscal year, $15,000,000, less the
amount used under section 4(a) and the amount granted
under section 11(a)(1), shall be apportioned among the
States in the manner specified in section 4(b) by the Sec-
retary for the following:
‘‘(1) Grants to States for the enhancement of
hunter education programs, hunter and sporting
firearm safety programs, and hunter development
programs.
‘‘(2) Grants for the enhancement of interstate
coordination and development of hunter education
and shooting range programs.
‘‘(3) Grants to States for the enhancement of
bow hunter and archery education, safety, and devel-
opment programs.
‘‘(4) Grants to States for the enhancement of
construction or development of firearm shooting
ranges and archery ranges, and updating safety fea-
tures of firearm shooting ranges and archery ranges.
‘‘(b) COST-SHARING.—The Federal share of the cost
of any activity carried out with a grant under this section
may not exceed 75 percent of the total cost of the activity
and the remainder of the cost shall come from a non-Fed-
eral source.
‘‘(c)
PERIOD
OF
AVAILABILITY;
REAPPORTION-
MENT.—Amounts available under this subsection shall re-
main available for 1 fiscal year, after which all unobligated
balances shall be apportioned among the States in the
manner specified in section 4(b).’’.
SEC. 103. MULTI-STATE CONSERVATION GRANT PROGRAM.
The Wildlife Restoration Act is further amended by
inserting after section 10 the following:
‘‘MULTI-STATE CONSERVATION GRANT PROGRAM
‘‘SEC. 11. (a) IN GENERAL.—(1) Up to $2,500,000
of the revenues covered into the fund each fiscal year shall
be available to the Secretary for making multi-State con-
servation grants in accordance with this section.
‘‘(2) Amounts available under this subsection shall
remain available for 2 fiscal years, after which all unobli-
gated balances shall be apportioned in the manner speci-
fied in section 4(b).
‘‘(b) SELECTION OF PROJECTS.—(1) A project shall
not be eligible for a grant under this section unless it will
benefit at least 26 States, a majority of the States in a
region of the United States Fish and Wildlife Service, or
a regional association of State fish and game departments.
‘‘(2) The Secretary may award grants under this sec-
tion based only on a priority list of wildlife restoration
projects prepared and submitted by State fish and game
departments acting through the International Association
of Fish and Wildlife Agencies each fiscal year in accord-
ance with paragraph (3).
‘‘(3)(A) The International Association of Fish and
Wildlife Agencies shall—
‘‘(i) prepare each priority list through a com-
mittee comprised of the heads of State fish and
game departments (or their designees);
‘‘(ii) approve each priority list by a majority of
the heads of all State fish and game departments (or
their designees); and
‘‘(iii) submit each priority list by not later than
October 1 of each fiscal year to the Assistant Direc-
tor for Wildlife and Sport Fish Restoration Pro-
grams, who shall accept such list on behalf of the
Secretary.
‘‘(B) In preparing any priority list under this para-
graph, the International Association of Fish and Wildlife
Agencies shall consult with nongovernmental organiza-
tions that represent conservation organizations, sportsmen
organizations, and industries that support or promote
hunting, trapping, recreational shooting, bow hunting, or
archery.
‘‘(4) The Assistant Director for Wildlife and Sport
Fish Restoration Programs shall publish in the Federal
Register each priority list submitted under this subsection.
‘‘(c) ELIGIBLE GRANTEES.—(1) The Secretary may
make a grant under this section only to—
‘‘(A) a State or group of States; or
‘‘(B) subject to paragraph (2), a nongovern-
mental organization.
‘‘(2) Any nongovernmental organization applying for
a grant under this section shall submit with the applica-
tion to the International Association of Fish and Wildlife
Agencies a certification that the organization does not pro-
mote or encourage opposition to regulated hunting or
trapping of wildlife, and will use any funds awarded pursu-
ant to this section in compliance with subsection (d).
‘‘(3) Any nongovernmental organization that is found
to promote or encourage opposition to regulated hunting
or trapping of wildlife or does not use funds in compliance
with subsection (d) shall return all funds received and be
subject to any other penalties under law.
‘‘(d) USE OF GRANTS.—Amounts provided as a grant
under this section may not be used for education, activi-
ties, projects, or programs that promote or encourage op-
position to regulated hunting or trapping of regulated
wildlife.
‘‘(e) CLARIFICATION.—No activities undertaken by
the personnel of State fish and game departments under
this section shall constitute advice or recommendations for
one or more agencies or officers of the Federal Govern-
ment.’’.
SEC. 104. MISCELLANEOUS PROVISIONS.
Section 5 of the Wildlife Restoration Act (16 U.S.C.
669d) is amended by inserting ‘‘, at the time such deduc-
tion or apportionment is made’’ after ‘‘he has apportioned
to each State’’.
TITLE II—SPORT FISH
RESTORATION
SEC. 201. EXPENDITURES FOR ADMINISTRATION.
(a) ANNUAL SET-ASIDE
FOR ADMINISTRATION.—
Section 4(d) of the Sport Fish Restoration Act (16 U.S.C.
777c(d)) is amended to read as follows:
‘‘(d)(1)(A) Of the balance of each such annual appro-
priation remaining after the distribution and use under
subsections (a), (b), and (c) of this section and section
14, the Secretary of the Interior may use up to the amount
specified in subparagraph (B) for expenses to administer
this Act, in accordance with this subsection and section
9.
‘‘(B) The amount referred to in subparagraph (A) is
the following:
‘‘(i) In fiscal year 2001, $7,090,000.
‘‘(ii) In fiscal year 2002, $6,710,000.
‘‘(iii) In fiscal year 2003, $6,330,000.
‘‘(iv) In fiscal year 2004 and each fiscal year
thereafter—
‘‘(I) the amount available for the preceding
fiscal year, plus
‘‘(II) an amount to reflect the change in
the consumer price index over the preceding fis-
cal year, which shall be determined by the Sec-
retary of the Treasury by multiplying such
change times the amount available for the pre-
ceding fiscal year.
‘‘(2) The amount authorized to be used by the Sec-
retary under paragraph (1) each fiscal year shall remain
available for obligation for such use until the expiration
of that fiscal year. Within 60 days after the end of that
fiscal year, the Secretary shall apportion any of the
amount that remains unobligated at the end of the fiscal
year on the same basis and in the same manner as other
amounts authorized by this Act are apportioned among
the States under section 4(e) for the fiscal year in which
the apportionment is made.’’.
(b) REQUIREMENTS AND RESTRICTIONS REGARDING
USE OF AMOUNTS FOR ADMINISTRATION.—Section 9 of
the Sport Fish Restoration Act (16 U.S.C. 777h) is
amended to read as follows:
‘‘REQUIREMENTS AND RESTRICTIONS REGARDING USE OF
AMOUNTS FOR ADMINISTRATION
‘‘SEC.
9.
(a)
AUTHORIZED
ADMINISTRATION
COSTS.—The Secretary of the Interior may use amounts
under section 4(d) only for administration expenses that
directly support the implementation of this Act and that
consist of any of the following:
‘‘(1) Personnel costs of any employee who di-
rectly administers this Act on a full-time basis.
‘‘(2) Personnel costs of any employee who di-
rectly administers this Act on a part-time basis for
at least 20 hours each week, not to exceed the por-
tion of such costs incurred with respect to the work
hours of such employee during which the employee
directly administers this Act, as such hours are cer-
tified by the supervisor of the employee.
‘‘(3) Support costs directly associated with per-
sonnel costs authorized under paragraphs (1) and
(2).
‘‘(4) Costs of determining under section 6(a)
whether State comprehensive plans and projects are
substantial in character and design.
‘‘(5) Overhead costs, including general adminis-
trative services, that are directly attributable to ad-
ministration of this Act based on—
‘‘(A) actual costs, as determined by a di-
rect cost allocation methodology approved by
the Director of the Office of Management and
Budget for use by Federal agencies; and
‘‘(B) for those costs not determinable pur-
suant to subparagraph (A), an amount per full-
time equivalent employee authorized pursuant
to paragraphs (1) and (2) that does not exceed
the amount charged or assessed for such costs
per full-time equivalent employee for any other
division or program of the United States Fish
and Wildlife Service.
‘‘(6) Costs incurred in auditing the wildlife and
sport fish activities of each State fish and game de-
partment and the use of funds under section 6 by
each State fish and game department every 5 years.
‘‘(7) Costs of audits under subsection (d).
‘‘(8) Costs of necessary training of Federal and
State full-time personnel who administer this Act to
improve administration of this Act.
‘‘(9) Costs of travel to the States, territories,
and Canada by personnel who administer this Act on
a full-time basis for purposes directly related to ad-
ministration of State programs or projects, or who
administer grants under section 6 or section 14.
‘‘(10) Costs of travel outside of the United
States (except travel to Canada) that relates to ad-
ministration of this Act and that is approved directly
by the Assistant Secretary for Fish and Wildlife and
Parks.
‘‘(11) Relocation expenses for personnel who,
after relocation, will administer this Act on a full-
time basis for at least 1 year, as certified by the Di-
rector of the United States Fish and Wildlife Service
at the time such relocation expenses are incurred.
‘‘(12) Costs to audit, evaluate, approve, dis-
approve, and advise concerning grants under section
6 and section 14.
‘‘(b) UNAUTHORIZED COSTS.—Use of funds for a
cost to administer this Act shall not be authorized because
the cost is not expressly prohibited by this Act.
‘‘(c) RESTRICTION ON USE TO SUPPLEMENT GEN-
ERAL APPROPRIATIONS.—The Secretary may not use
amounts under section 4(d) to supplement any function
for which general appropriations are made for the United
States Fish and Wildlife Service or any other entity of
the Department of the Interior.
‘‘(d) AUDIT REQUIREMENT.—(1) The Inspector Gen-
eral of the Department of the Interior shall procure the
conduct of biennial audits, in accordance with generally
accepted accounting principles, of expenditures of amounts
used by the Secretary for administration of this Act.
‘‘(2) Audits under this subsection shall be performed
under contracts that are awarded under competitive proce-
dures (as that term is defined in section 4 of the Office
of Federal Procurement Policy Act (41 U.S.C. 403)), by
a person that is not associated in any way with the De-
partment of the Interior.
‘‘(3) The auditor selected pursuant to paragraph (1)
shall report to, and be supervised by, the Inspector Gen-
eral of the Department of the Interior, except that the
auditor shall submit a copy of the biennial audit findings
to the Secretary of the Interior at the time such findings
are submitted to the Inspector General of the Department
of the Interior.
‘‘(4) The Inspector General of the Department of the
Interior shall promptly report to the Committee on Re-
sources of the House of Representatives and the Com-
mittee on Environment and Public Works of the Senate
on the results of each such audit.
‘‘(e) CERTIFICATION BY SECRETARY.—(1) The Sec-
retary of the Interior shall within 3 months after each fis-
cal year certify in writing to the Committee on Resources
of the House of Representatives and the Committee on
Environment and Public Works of the Senate the fol-
lowing for the fiscal year:
‘‘(A) The amount of funds used under section
4(d) and a breakdown of categories for which such
funds were expended.
‘‘(B) The amount of funds apportioned to
States under section 4(d)(2)(A).
‘‘(C) The results of the audits performed pursu-
ant to subsection (d).
‘‘(D) That all funds expended under section
4(d) were necessary for administration of this Act.
‘‘(E) The Secretary, Assistant Secretary for
Fish and Wildlife and Parks, the Director of the
United States Fish and Wildlife Service, and the As-
sistant Director for Wildlife and Sport Fish Restora-
tion Programs each properly discharged their duties
under this Act.
‘‘(2) The Secretary may not delegate the responsi-
bility to make certifications under paragraph (1) except
to the Assistant Secretary for Fish and Wildlife and
Parks.
‘‘(3) The Secretary shall promptly publish in the Fed-
eral Register each certification under this subsection.
‘‘(f) CERTIFICATION BY ASSISTANT DIRECTOR FOR
WILDLIFE AND SPORT FISH RESTORATION PROGRAMS.—
Within 1 month after the end of each fiscal year, the As-
sistant Director for Wildlife and Sport Fish Restoration
Programs shall—
‘‘(1) certify that—
‘‘(A) all amounts expended in that fiscal
year to administer this Act in agency head-
quarters and in regional offices of the United
States Fish and Wildlife Service were used in
accordance with this Act; and
‘‘(B) all such expenditures were necessary
to administer this Act; and
‘‘(2) distribute such certifications to each State
fish and game department.’’.
SEC. 202. MULTI-STATE GRANT PROGRAM.
(a) ESTABLISHMENT OF PROGRAM.—The Sport Fish
Restoration Act is amended by striking the second section
13 (16 U.S.C. 777 note) and inserting the following:
‘‘MULTI-STATE CONSERVATION GRANT PROGRAM
‘‘SEC. 14. (a) IN GENERAL.—(1) Of the balance of
each annual appropriation made in accordance with sec-
tion 3 remaining after the distribution and use under sub-
sections (a), (b), and (c) of section 4 each fiscal year, up
to $2,500,000 shall be available to the Secretary of the
Interior for making multi-State conservation grants in ac-
cordance with this section.
‘‘(2) Amounts available under this subsection shall
remain available for 2 fiscal years, after which all unobli-
gated balances shall be apportioned in the manner speci-
fied in section 4(e).
‘‘(b) SELECTION OF PROJECTS.—(1) A project shall
not be eligible for a grant under this section unless it will
benefit at least 26 States, a majority of the States in a
region of the Fish and Wildlife Service, or a regional asso-
ciation of State fish and game departments.
‘‘(2) The Secretary of the Interior may award grants
under this section based only on a priority list of sportfish
restoration projects prepared and submitted by State fish
and game departments acting through the International
Association of Fish and Wildlife Agencies each fiscal year
in accordance with paragraph (3).
‘‘(3)(A) The International Association of Fish and
Wildlife Agencies shall—
‘‘(i) prepare each priority list through a com-
mittee comprised of the heads of State fish and
game departments (or their designees);
‘‘(ii) approve each priority list by a majority of
the heads of State fish and game departments (or
their designees); and
‘‘(iii) submit each priority list by not later than
October 1 of each fiscal year to the Secretary of the
Interior.
‘‘(B) In preparing any priority list under this para-
graph, the International Association of Fish and Wildlife
Agencies shall consult with nongovernmental organiza-
tions that represent conservation organizations, sportsmen
organizations, and industries that fund the Sport Fish
Restoration Programs.
‘‘(4) The Assistant Director for Wildlife and Sport
Fish Restoration Programs shall publish in the Federal
Register each priority list submitted under this subsection.
‘‘(c) ELIGIBLE GRANTEES.—(1) The Secretary of the
Interior may make a grant under this section only to—
‘‘(A) a State or group of States; or
‘‘(B) subject to paragraph (2) a nongovern-
mental organization.
‘‘(2) Any nongovernmental organization applying for
a grant under this section shall submit with the applica-
tion to the International Association of Fish and Wildlife
Agencies a certification that the organization does not pro-
mote or encourage opposition to the regulated taking of
fish and will use any funds awarded pursuant to this sec-
tion in compliance with subsection (d).
‘‘(3) Any nongovernmental organization that is found
to promote or encourage opposition to the regulated taking
of fish or does not use funds in compliance with subsection
(d) shall return all funds received and be subject to any
other penalties under law.
‘‘(d) USE OF GRANTS.—Amounts provided as a grant
under this section may not be used for education, activi-
ties, projects, or programs that promote or encourage op-
position to the regulated taking of fish.
‘‘(e) CLARIFICATION.—No activities undertaken by
the personnel of State fish and game departments, other
State agencies, or organizations of State fish and game
departments under this section shall constitute advice or
recommendations for one or more agencies or officers of
the Federal Government.
‘‘(f) FUNDING
FOR MARINE FISHERIES COMMIS-
SIONS.—Of the balance of each annual appropriation
made in accordance with section 3 remaining after the dis-
tribution and use under subsections (a), (b), and (c) of
section 4 each fiscal year and after deducting amounts
used for grants under subsection (a) of this section,
$200,000 shall be available for each of—
‘‘(1) the Atlantic States Marine Fisheries Com-
mission;
‘‘(2) the Gulf States Marine Fisheries Commis-
sion;
‘‘(3) the Pacific States Marine Fisheries Com-
mission; and
‘‘(4) the Great Lakes Fisheries Commission.’’.
(b) CONFORMING AMENDMENTS.—Section 4 of the
Sport Fish Restoration Act (16 U.S.C. 777c) is amended
in subsection (e) by inserting ‘‘of this section and section
14’’ after ‘‘subsections (a), (b), (c), and (d)’’.
SEC. 203. CERTIFICATIONS.
Section 5 of the Sport Fish Restoration Act (16
U.S.C. 777d) is amended—
(1) by striking ‘‘SEC. 5.’’ and inserting the fol-
lowing:
‘‘CERTIFICATIONS
‘‘SEC. 5. (a) ADMINISTRATIVE DEDUCTION
AND
STATE APPORTIONMENTS.—’’;
(2) in subsection (a) (as designated by the
amendment made by paragraph (1) of this section)
by inserting ‘‘, at the time such deduction or appor-
tionment is made’’ after ‘‘apportioned to each State
for such fiscal year’’; and
(3) by adding at the end the following:
‘‘(b) FISCAL YEAREND CERTIFICATION
BY SEC-
RETARY.—Within 30 days after the end of each fiscal
year, the Secretary of the Interior shall—
‘‘(1) certify in writing to the Secretary of the
Treasury
and
to
each
State
fish
and
game
department—
‘‘(A) the amount apportioned under section
4(d)(2) to each State in the most recent appor-
tionment under that section for that fiscal year;
and
‘‘(B) amounts obligated by the Secretary
during the fiscal year for administration of this
Act; and
‘‘(2)
publish
in
the
Federal
Register
the
amounts so certified.
‘‘(c) CERTIFICATION BY ASSISTANT DIRECTOR.—(1)
Within 60 days after the start of each fiscal year, the As-
sistant Director for Wildlife and Sport Fish Restoration
Programs shall provide to the Committee on Resources of
the House of Representatives and the Committee on Envi-
ronment and Public Works of the Senate the following for
the fiscal year:
‘‘(A) The amount of funds that will be ex-
pended in the fiscal year under section 4(d)(2) and
a breakdown of categories for which such funds will
be expended.
‘‘(B) A description of how the funds to be ex-
pended are necessary for administration of this Act.
‘‘(2) The Secretary of the Interior shall promptly
publish in the Federal Register each certification under
this subsection.’’.
SEC. 204. PERIOD OF AVAILABILITY.
Section 4(f) of the Sport Fish Restoration Act (16
U.S.C. 777c) is amended by striking the first sentence.
SEC. 205. CONFORMING AMENDMENT.
Section 9504(b)(2)(A) of the Internal Revenue Code
of 1986 is amended by striking ‘‘(as in effect on the date
of the enactment of the TEA 21 Restoration Act)’’ and
inserting ‘‘(as in effect on the date of the enactment of
the Wildlife and Sport Fish Restoration Programs Im-
provement Act of 2000)’’.
TITLE III—WILDLIFE AND SPORT
FISH RESTORATION PROGRAMS
SEC. 301. DESIGNATION OF PROGRAMS.
The programs established under the Wildlife Restora-
tion Act and the Sport Fish Restoration Act may be collec-
tively referred to as the Federal Assistance Program for
State Wildlife and Sport Fish Restoration Programs.
SEC. 302. ASSISTANT DIRECTOR FOR WILDLIFE AND SPORT
FISH RESTORATION PROGRAMS.
(a) ESTABLISHMENT.—There is established within
the United States Fish and Wildlife Service of the Depart-
ment of the Interior an Assistant Director for Wildlife and
Sport Fish Restoration Programs.
(b) SUPERIOR.—The Assistant Director for Wildlife
and Sport Fish Restoration Programs shall report directly
to the Director of the United States Fish and Wildlife
Service.
(c) RESPONSIBILITIES.—The Assistant Director for
Wildlife and Sport Fish Restoration Programs shall be re-
sponsible for the administration, management, and over-
sight of the Federal Assistance Program for State Wildlife
and Sport Fish Restoration Programs under the Wildlife
Restoration Act and the Sport Fish Restoration Act.
SEC. 303. CHIEF OF THE DIVISION OF FEDERAL AID.
The Chief of the Division of Federal Aid of the De-
partment of the Interior, or any similar position, is abol-
ished and the duties of that position shall be the responsi-
bility of the Assistant Director for Wildlife and Sport Fish
Restoration Programs.
SEC. 304. IMPLEMENTATION REPORT.
(a) TIMING.—At the time the President submits a
budget request for the Department of the Interior for the
third fiscal year beginning after the date of the enactment
of this Act, the Secretary of the Interior shall inform the
Committee on Resources of the House of Representatives
and the Committee on Environment and Public Works of
the Senate about the steps taken to comply with this Act.
(b) CONTENTS.—The report required by this section
shall indicate—
(1) the extent to which compliance with this Act
has required a reduction in the number of personnel
assigned to administer, manage, and oversee the
Federal Assistance Program for State Wildlife and
Sport Fish Restoration Programs;
(2) any revisions to this Act that would be de-
sirable in order for the Secretary to adequately ad-
minister such programs and assure that funds pro-
vided to State agencies are properly used; and
(3) any other information regarding the imple-
mentation of this Act that the Secretary considers
appropriate.
SEC. 305. COMPLIANCE WITH BUY AMERICAN ACT.
No funds authorized pursuant to this Act may be ex-
pended by an entity unless the entity agrees that in ex-
pending the assistance the entity will comply with sections
2 through 4 of the Act of March 3, 1933 (41 U.S.C. 10a–
10c, popularly known as the ‘‘Buy American Act’’).
SEC. 306. SENSE OF THE CONGRESS; REQUIREMENT RE-
GARDING NOTICE.
(a) PURCHASE
OF AMERICAN-MADE EQUIPMENT
AND PRODUCTS.—In the case of any equipment or prod-
ucts that may be authorized to be purchased with financial
assistance provided under this Act, it is the sense of the
Congress that entities receiving such assistance should, in
expending the assistance, purchase only American-made
equipment and products.
(b) NOTICE
TO RECIPIENTS
OF ASSISTANCE.—In
providing financial assistance under this Act, the Sec-
retary of the Interior shall provide to each recipient of the
assistance a notice describing the statement made in sub-
section (a) by the Congress.
SEC. 307. PROHIBITION OF CONTRACTS.
If it has been finally determined by a court or Federal
agency that any person intentionally affixed a label bear-
ing a ‘‘Made in America’’ inscription, or any inscription
with the same meaning, to any product sold in or shipped
to the United States that is not made in the United
States, such person shall be ineligible to receive any con-
tract or subcontract made with funds provided pursuant
to this Act, pursuant to the debarment, suspension, and
ineligibility procedures described in sections 9.400 through
9.409 of title 48, Code of Federal Regulations.
SECTION 1. SHORT TITLES; TABLE OF CONTENTS.
(a) SHORT TITLES.—
(1) THIS ACT.—This Act may be cited as the
‘‘Wildlife and Sport Fish Restoration Programs Im-
provement Act of 2000’’.
(2) PITTMAN-ROBERTSON
WILDLIFE
RESTORA-
TION ACT.—The Act of September 2, 1937 (16 U.S.C.
669 et seq.), is amended by adding at the end the fol-
lowing:
‘‘SEC. 14. SHORT TITLE.
‘‘This Act may be cited as the ‘Pittman-Robertson
Wildlife Restoration Act’.’’.
(3) DINGELL-JOHNSON
SPORT
FISH
RESTORA-
TION ACT.—The Act of August 9, 1950 (16 U.S.C. 777
et seq.), is amended by adding at the end the fol-
lowing:
‘‘SEC. 16. SHORT TITLE.
‘‘This Act may be cited as the ‘Dingell-Johnson Sport
Fish Restoration Act’.’’.
(b) TABLE OF CONTENTS.—The table of contents of this
Act is as follows:
Sec. 1. Short titles; table of contents.
TITLE I—WILDLIFE RESTORATION
Sec. 101. Expenditures for administration.
Sec. 102. Firearm and bow hunter education and safety program grants.
Sec. 103. Multistate conservation grant program.
TITLE II—SPORT FISH RESTORATION
Sec. 201. Expenditures for administration.
Sec. 202. Multistate conservation grant program.
Sec. 203. Conforming amendment.
TITLE III—WILDLIFE AND SPORT FISH RESTORATION PROGRAMS
Sec. 301. Designation of programs.
Sec. 302. Implementation report.
TITLE I—WILDLIFE
RESTORATION
SEC. 101. EXPENDITURES FOR ADMINISTRATION.
(a) SET-ASIDE FOR ADMINISTRATIVE EXPENSES.—
Section 4 of the Pittman-Robertson Wildlife Restoration Act
(16 U.S.C. 669c) is amended—
(1) by redesignating subsection (b) as subsection
(c);
(2) by striking ‘‘SEC. 4.’’ and all that follows
through the end of the first sentence of subsection (a)
and inserting the following:
‘‘SEC. 4. ALLOCATION AND APPORTIONMENT OF AVAILABLE
AMOUNTS.
‘‘(a) SET-ASIDE FOR ADMINISTRATIVE EXPENSES.—
‘‘(1) IN GENERAL.—
‘‘(A) SET-ASIDE.—For fiscal year 2001 and
each fiscal year thereafter, of the revenues (ex-
cluding interest accruing under section 3(b)) cov-
ered into the fund for the fiscal year, the Sec-
retary of the Interior may use not more than the
available amount specified in subparagraph (B)
for the fiscal year for administrative expenses in-
curred in implementation of this Act, in accord-
ance with this subsection and section 9.
‘‘(B) AVAILABLE AMOUNTS.—The available
amount referred to in subparagraph (A) is—
‘‘(i) for fiscal year 2001, $9,500,000;
and
‘‘(ii) for fiscal year 2002 and each fis-
cal year thereafter, the sum of—
‘‘(I) the available amount for the
preceding fiscal year; and
‘‘(II) the amount determined by
multiplying—
‘‘(aa) the available amount
for the preceding fiscal year; and
‘‘(bb) the change, relative to
the preceding fiscal year, in the
Consumer Price Index for All
Urban Consumers published by
the Department of Labor.
‘‘(2) PERIOD OF AVAILABILITY; APPORTIONMENT
OF UNOBLIGATED AMOUNTS.—
‘‘(A) PERIOD OF AVAILABILITY.—For each
fiscal year, the available amount under para-
graph (1) shall remain available for obligation
for use under that paragraph until the end of the
fiscal year.
‘‘(B) APPORTIONMENT
OF
UNOBLIGATED
AMOUNTS.—Not later than 60 days after the end
of a fiscal year, the Secretary of the Interior
shall apportion among the States any of the
available amount under paragraph (1) that re-
mains unobligated at the end of the fiscal year,
on the same basis and in the same manner as
other amounts made available under this Act are
apportioned among the States for the fiscal year.
‘‘(b) APPORTIONMENT TO STATES.—’’; and
(3) in subsection (b) (as designated by para-
graph (2)), by striking ‘‘after making the aforesaid
deduction, shall apportion, except as provided in sub-
section (b) of this section,’’ and inserting ‘‘after de-
ducting the available amount under subsection (a),
the amount apportioned under subsection (c), any
amount apportioned under section 8A, and amounts
provided as grants under sections 10 and 11, shall
apportion’’.
(b) REQUIREMENTS AND RESTRICTIONS CONCERNING
USE OF AMOUNTS FOR ADMINISTRATIVE EXPENSES.—Sec-
tion 9 of the Pittman-Robertson Wildlife Restoration Act
(16 U.S.C. 669h) is amended to read as follows:
‘‘SEC. 9. REQUIREMENTS AND RESTRICTIONS CONCERNING
USE OF AMOUNTS FOR ADMINISTRATIVE EX-
PENSES.
‘‘(a) AUTHORIZED ADMINISTRATIVE COSTS.—Except
as provided in subsection (b), the Secretary of the Interior
may use available amounts under section 4(a)(1) only for
administrative expenses that directly support the imple-
mentation of this Act, consisting of—
‘‘(1) personnel costs of employees who directly
administer this Act on a full-time basis;
‘‘(2) personnel costs of employees who directly
administer this Act on a part-time basis for at least
20 hours each week, not to exceed the portion of those
costs incurred with respect to the work hours of an
employee during which the employee directly admin-
isters this Act, as those hours are certified by the su-
pervisor of the employee;
‘‘(3) support costs directly associated with per-
sonnel costs authorized under paragraphs (1) and (2),
excluding costs associated with staffing and operation
of regional offices of the United States Fish and Wild-
life Service and the Department of the Interior other
than for the purposes of this Act;
‘‘(4) costs of determining under section 6(a)
whether State comprehensive plans and projects are
substantial in character and design;
‘‘(5) overhead costs, including the costs of general
administrative services, that are directly attributable
to administration of this Act and are based on—
‘‘(A) actual costs, as determined by a direct
cost allocation methodology approved by the Di-
rector of the Office of Management and Budget
for use by Federal agencies; and
‘‘(B) in the case of costs that are not deter-
minable under subparagraph (A), an amount
per full-time equivalent employee authorized
under paragraphs (1) and (2) that does not ex-
ceed the amount charged or assessed for costs per
full-time equivalent employee for any other divi-
sion or program of the United States Fish and
Wildlife Service;
‘‘(6) costs incurred in auditing, every 5 years,
the wildlife and sport fish activities of each State fish
and game department and the use of funds under sec-
tion 6 by each State fish and game department;
‘‘(7) costs of audits under subsection (d);
‘‘(8) costs of necessary training of Federal and
State full-time personnel who administer this Act to
improve administration of this Act;
‘‘(9) costs of travel to States, territories, and
Canada by personnel who—
‘‘(A) administer this Act on a full-time
basis for purposes directly related to administra-
tion of State programs or projects; or
‘‘(B) administer grants under section 6, 10,
or 11;
‘‘(10) costs of travel by personnel outside the
United States (except travel to Canada) that relates
directly to administration of this Act and that is ap-
proved directly by the Assistant Secretary for Fish
and Wildlife and Parks;
‘‘(11) relocation expenses for personnel who, after
relocation, will administer this Act on a full-time
basis for at least 1 year, as certified by the Director
of the United States Fish and Wildlife Service at the
time at which the relocation expenses are incurred;
and
‘‘(12) costs to audit, evaluate, approve, dis-
approve, and advise concerning grants under section
6, 10, or 11.
‘‘(b) REPORTING OF OTHER USES.—If the Secretary
of the Interior determines that available amounts under sec-
tion 4(a)(1) should be used for an administrative expense
other than an administrative expense described in sub-
section (a), the Secretary—
‘‘(1) shall submit to the Committee on Environ-
ment and Public Works of the Senate and the Com-
mittee on Resources of the House of Representatives a
report describing the administrative expense; and
‘‘(2) may use any such available amounts for the
administrative expense only after the end of the 30-
day period beginning on the date of submission of the
report under paragraph (1).
‘‘(c) RESTRICTION ON USE TO SUPPLEMENT GENERAL
APPROPRIATIONS.—The Secretary of the Interior shall not
use available amounts under section 4(a)(1) to supplement
the funding of any function for which general appropria-
tions are made for the United States Fish and Wildlife
Service or any other entity of the Department of the Inte-
rior.
‘‘(d) AUDIT REQUIREMENT.—
‘‘(1) IN GENERAL.—The Inspector General of the
Department of the Interior shall procure the perform-
ance of biennial audits, in accordance with generally
accepted accounting principles, of expenditures and
obligations of amounts used by the Secretary of the
Interior for administrative expenses incurred in im-
plementation of this Act.
‘‘(2) AUDITOR.—
‘‘(A) IN
GENERAL.—An audit under this
subsection shall be performed under a contract
that is awarded under competitive procedures (as
defined in section 4 of the Office of Federal Pro-
curement Policy Act (41 U.S.C. 403)) by a per-
son or entity that is not associated in any way
with the Department of the Interior (except by
way of a contract for the performance of an
audit).
‘‘(B) SUPERVISION OF AUDITOR.—The audi-
tor selected under subparagraph (A) shall report
to, and be supervised by, the Inspector General
of the Department of the Interior, except that the
auditor shall submit a copy of the biennial audit
findings to the Secretary of the Interior at the
time at which the findings are submitted to the
Inspector General of the Department of the Inte-
rior.
‘‘(3) REPORT
TO
CONGRESS.—The Inspector
General of the Department of the Interior shall
promptly report to the Committee on Resources of the
House of Representatives and the Committee on Envi-
ronment and Public Works of the Senate on the re-
sults of each audit under this subsection.’’.
(c) CONFORMING AMENDMENT.—Section 8(b) of the
Pittman-Robertson Wildlife Restoration Act (16 U.S.C.
669g(b)) is amended in the first sentence by striking ‘‘sec-
tion 4(b) of this Act’’ and inserting ‘‘section 4(c)’’.
SEC. 102. FIREARM AND BOW HUNTER EDUCATION AND
SAFETY PROGRAM GRANTS.
The Pittman-Robertson Wildlife Restoration Act is
amended—
(1) by redesignating section 10 (16 U.S.C. 669i)
as section 12; and
(2) by inserting after section 9 (16 U.S.C. 669h)
the following:
‘‘SEC. 10. FIREARM AND BOW HUNTER EDUCATION AND
SAFETY PROGRAM GRANTS.
‘‘(a) IN GENERAL.—Of the revenues covered into the
fund for a fiscal year, $7,500,000 shall be apportioned
among the States in the manner specified in section 4(b)
by the Secretary of the Interior and used to make grants
to the States to be used for—
‘‘(1) the enhancement of hunter education pro-
grams, hunter and sporting firearm safety programs,
and hunter development programs;
‘‘(2) the enhancement of interstate coordination
and development of hunter education and shooting
range programs;
‘‘(3) the enhancement of bow hunter and archery
education, safety, and development programs; and
‘‘(4) the enhancement of construction or develop-
ment of firearm shooting ranges and archery ranges,
and the updating of safety features of firearm shoot-
ing ranges and archery ranges.
‘‘(b) COST SHARING.—The Federal share of the cost of
any activity carried out with a grant under this section
shall not exceed 75 percent of the total cost of the activity.
‘‘(c) PERIOD OF AVAILABILITY; REAPPORTIONMENT.—
‘‘(1) PERIOD OF AVAILABILITY.—A grant under
this section shall remain available only for the fiscal
year for which the grant is made.
‘‘(2) REAPPORTIONMENT.—At the end of the pe-
riod of availability under paragraph (1), the Sec-
retary of the Interior shall apportion any grant funds
that remain available among the States in the man-
ner specified in section 4(b) for use by the States in
accordance with this section.’’.
SEC. 103. MULTISTATE CONSERVATION GRANT PROGRAM.
The Pittman-Robertson Wildlife Restoration Act (as
amended by section 102) is amended by inserting after sec-
tion 10 the following:
‘‘SEC. 11. MULTISTATE CONSERVATION GRANT PROGRAM.
‘‘(a) IN GENERAL.—
‘‘(1) AMOUNT
FOR
GRANTS.—Not more than
$3,500,000 of the revenues covered into the fund for
a fiscal year shall be available to the Secretary of the
Interior for making multistate conservation project
grants in accordance with this section.
‘‘(2) PERIOD
OF
AVAILABILITY; 
APPORTION-
MENT.—
‘‘(A) PERIOD
OF
AVAILABILITY.—A grant
under this subsection shall remain available only
for the fiscal year for which the grant is made
and the following fiscal year.
‘‘(B) APPORTIONMENT.—At the end of the
period of availability under subparagraph (A),
the Secretary of the Interior shall apportion any
grant funds that remain available among the
States in the manner specified in section 4(b) for
use by the States in the same manner as funds
apportioned under section 4(b).
‘‘(b) SELECTION OF PROJECTS.—
‘‘(1) STATES OR ENTITIES TO BE BENEFITED.—
A project shall not be eligible for a grant under this
section unless the project will benefit—
‘‘(A) at least 26 States;
‘‘(B) a majority of the States in a region of
the United States Fish and Wildlife Service; or
‘‘(C) a regional association of State fish
and game departments.
‘‘(2) USE
OF
SUBMITTED
PRIORITY
LIST
OF
PROJECTS.—The Secretary of the Interior may award
grants under this section only for projects identified
on a priority list of wildlife restoration projects de-
scribed in paragraph (3).
‘‘(3) PRIORITY LIST OF PROJECTS.—A priority
list referred to in paragraph (2) is a priority list of
projects that the International Association of Fish
and Wildlife Agencies—
‘‘(A) prepares through a committee com-
prised of the heads of State fish and game de-
partments (or their designees), in consultation
with—
‘‘(i) 
nongovernmental 
organizations
that represent conservation organizations;
‘‘(ii) sportsmen organizations; and
‘‘(iii) industries that support or pro-
mote hunting, trapping, recreational shoot-
ing, bow hunting, or archery;
‘‘(B) approves by vote of a majority of the
heads of State fish and game departments (or
their designees); and
‘‘(C) not later than October 1 of each fiscal
year, submits to the Chief of the Division of Fed-
eral Aid.
‘‘(4) PUBLICATION.—The Chief of the Division of
Federal Aid shall publish in the Federal Register each
priority list submitted under paragraph (3)(C).
‘‘(c) ELIGIBLE GRANTEES.—
‘‘(1) IN GENERAL.—The Secretary of the Interior
may make a grant under this section only to—
‘‘(A) a State or group of States;
‘‘(B) the United States Fish and Wildlife
Service for the purpose of carrying out the Na-
tional Survey of Fishing, Hunting, and Wildlife-
Associated Recreation; and
‘‘(C) subject to paragraph (2), a nongovern-
mental organization.
‘‘(2) NONGOVERNMENTAL ORGANIZATIONS.—
‘‘(A) IN GENERAL.—Any nongovernmental
organization that applies for a grant under this
section shall submit with the application to the
International Association of Fish and Wildlife
Agencies a certification that the organization—
‘‘(i) does not promote or encourage op-
position to the regulated hunting or trap-
ping of wildlife; and
‘‘(ii) will use any funds awarded
under this section in compliance with sub-
section (d).
‘‘(B) PENALTIES
FOR
CERTAIN
ACTIVI-
TIES.—Any nongovernmental organization that
is found to promote or encourage opposition to
the regulated hunting or trapping of wildlife or
that does not use funds in compliance with sub-
section (d) shall return all funds received under
this section and be subject to any other penalties
under law.
‘‘(d) USE OF GRANTS.—A grant under this section
shall not be used for an activity, project, or program that
promotes or encourages opposition to the regulated hunting
or trapping of wildlife.’’.
TITLE II—SPORT FISH
RESTORATION
SEC. 201. EXPENDITURES FOR ADMINISTRATION.
(a) SET-ASIDE FOR ADMINISTRATIVE EXPENSES.—
Section 4 of the Dingell-Johnson Sport Fish Restoration Act
(16 U.S.C. 777c) is amended by striking subsection (d) and
inserting the following:
‘‘(d) SET-ASIDE FOR ADMINISTRATIVE EXPENSES.—
‘‘(1) IN GENERAL.—
‘‘(A) SET-ASIDE.—For fiscal year 2001 and
each fiscal year thereafter, of the balance of each
such annual appropriation remaining after the
distribution and use under subsections (a), (b),
and (c) and section 14, the Secretary of the Inte-
rior may use not more than the available
amount specified in subparagraph (B) for the
fiscal year for administrative expenses incurred
in implementation of this Act, in accordance
with this subsection and section 9.
‘‘(B) AVAILABLE AMOUNTS.—The available
amount referred to in subparagraph (A) is—
‘‘(i) for fiscal year 2001, $9,500,000;
and
‘‘(ii) for fiscal year 2002 and each fis-
cal year thereafter, the sum of—
‘‘(I) the available amount for the
preceding fiscal year; and
‘‘(II) the amount determined by
multiplying—
‘‘(aa) the available amount
for the preceding fiscal year; and
‘‘(bb) the change, relative to
the preceding fiscal year, in the
Consumer Price Index for All
Urban Consumers published by
the Department of Labor.
‘‘(2) PERIOD OF AVAILABILITY; APPORTIONMENT
OF UNOBLIGATED AMOUNTS.—
‘‘(A) PERIOD OF AVAILABILITY.—For each
fiscal year, the available amount under para-
graph (1) shall remain available for obligation
for use under that paragraph until the end of the
fiscal year.
‘‘(B) APPORTIONMENT
OF
UNOBLIGATED
AMOUNTS.—Not later than 60 days after the end
of a fiscal year, the Secretary of the Interior
shall apportion among the States any of the
available amount under paragraph (1) that re-
mains unobligated at the end of the fiscal year,
on the same basis and in the same manner as
other amounts made available under this Act are
apportioned among the States under subsection
(e) for the fiscal year.’’.
(b) REQUIREMENTS AND RESTRICTIONS CONCERNING
USE OF AMOUNTS FOR ADMINISTRATIVE EXPENSES.—Sec-
tion 9 of the Dingell-Johnson Sport Fish Restoration Act
(16 U.S.C. 777h) is amended to read as follows:
‘‘SEC. 9. REQUIREMENTS AND RESTRICTIONS CONCERNING
USE OF AMOUNTS FOR ADMINISTRATIVE EX-
PENSES.
‘‘(a) AUTHORIZED ADMINISTRATIVE COSTS.—Except
as provided in subsection (b), the Secretary of the Interior
may use available amounts under section 4(d) only for ad-
ministrative expenses that directly support the implementa-
tion of this Act, consisting of—
‘‘(1) personnel costs of employees who directly
administer this Act on a full-time basis;
‘‘(2) personnel costs of employees who directly
administer this Act on a part-time basis for at least
20 hours each week, not to exceed the portion of those
costs incurred with respect to the work hours of an
employee during which the employee directly admin-
isters this Act, as those hours are certified by the su-
pervisor of the employee;
‘‘(3) support costs directly associated with per-
sonnel costs authorized under paragraphs (1) and (2),
excluding costs associated with staffing and operation
of regional offices of the United States Fish and Wild-
life Service and the Department of the Interior other
than for the purposes of this Act;
‘‘(4) costs of determining under section 6(a)
whether State comprehensive plans and projects are
substantial in character and design;
‘‘(5) overhead costs, including the costs of general
administrative services, that are directly attributable
to administration of this Act and are based on—
‘‘(A) actual costs, as determined by a direct
cost allocation methodology approved by the Di-
rector of the Office of Management and Budget
for use by Federal agencies; and
‘‘(B) in the case of costs that are not deter-
minable under subparagraph (A), an amount
per full-time equivalent employee authorized
under paragraphs (1) and (2) that does not ex-
ceed the amount charged or assessed for costs per
full-time equivalent employee for any other divi-
sion or program of the United States Fish and
Wildlife Service;
‘‘(6) costs incurred in auditing, every 5 years,
the wildlife and sport fish activities of each State fish
and game department and the use of funds under sec-
tion 6 by each State fish and game department;
‘‘(7) costs of audits under subsection (d);
‘‘(8) costs of necessary training of Federal and
State full-time personnel who administer this Act to
improve administration of this Act;
‘‘(9) costs of travel to States, territories, and
Canada by personnel who—
‘‘(A) administer this Act on a full-time
basis for purposes directly related to administra-
tion of State programs or projects; or
‘‘(B) administer grants under section 6 or
14;
‘‘(10) costs of travel by personnel outside the
United States (except travel to Canada) that relates
directly to administration of this Act and that is ap-
proved directly by the Assistant Secretary for Fish
and Wildlife and Parks;
‘‘(11) relocation expenses for personnel who, after
relocation, will administer this Act on a full-time
basis for at least 1 year, as certified by the Director
of the United States Fish and Wildlife Service at the
time at which the relocation expenses are incurred;
and
‘‘(12) costs to audit, evaluate, approve, dis-
approve, and advise concerning grants under section
6 or 14.
‘‘(b) REPORTING OF OTHER USES.—If the Secretary
of the Interior determines that available amounts under sec-
tion 4(d) should be used for an administrative expense other
than an administrative expense described in subsection (a),
the Secretary—
‘‘(1) shall submit to the Committee on Environ-
ment and Public Works of the Senate and the Com-
mittee on Resources of the House of Representatives a
report describing the administrative expense; and
‘‘(2) may use any such available amounts for the
administrative expense only after the end of the 30-
day period beginning on the date of submission of the
report under paragraph (1).
‘‘(c) RESTRICTION ON USE TO SUPPLEMENT GENERAL
APPROPRIATIONS.—The Secretary of the Interior shall not
use available amounts under section 4(d) to supplement the
funding of any function for which general appropriations
are made for the United States Fish and Wildlife Service
or any other entity of the Department of the Interior.
‘‘(d) AUDIT REQUIREMENT.—
‘‘(1) IN GENERAL.—The Inspector General of the
Department of the Interior shall procure the perform-
ance of biennial audits, in accordance with generally
accepted accounting principles, of expenditures and
obligations of amounts used by the Secretary of the
Interior for administrative expenses incurred in im-
plementation of this Act.
‘‘(2) AUDITOR.—
‘‘(A) IN
GENERAL.—An audit under this
subsection shall be performed under a contract
that is awarded under competitive procedures (as
defined in section 4 of the Office of Federal Pro-
curement Policy Act (41 U.S.C. 403)) by a per-
son or entity that is not associated in any way
with the Department of the Interior (except by
way of a contract for the performance of an
audit).
‘‘(B) SUPERVISION OF AUDITOR.—The audi-
tor selected under subparagraph (A) shall report
to, and be supervised by, the Inspector General
of the Department of the Interior, except that the
auditor shall submit a copy of the biennial audit
findings to the Secretary of the Interior at the
time at which the findings are submitted to the
Inspector General of the Department of the Inte-
rior.
‘‘(3) REPORT
TO
CONGRESS.—The Inspector
General of the Department of the Interior shall
promptly report to the Committee on Resources of the
House of Representatives and the Committee on Envi-
ronment and Public Works of the Senate on the re-
sults of each audit under this subsection.’’.
SEC. 202. MULTISTATE CONSERVATION GRANT PROGRAM.
(a) ESTABLISHMENT
OF PROGRAM.—The Dingell-
Johnson Sport Fish Restoration Act is amended by striking
the section 13 relating to effective date (16 U.S.C. 777 note)
and inserting the following:
‘‘SEC. 14. MULTISTATE CONSERVATION GRANT PROGRAM.
‘‘(a) IN GENERAL.—
‘‘(1) AMOUNT FOR GRANTS.—Of the balance of
each annual appropriation made under section 3 re-
maining after the distribution and use under sub-
sections (a), (b), and (c) of section 4 in a fiscal year,
not more than $3,500,000 shall be available to the
Secretary of the Interior for making multistate con-
servation project grants in accordance with this sec-
tion.
‘‘(2) PERIOD
OF
AVAILABILITY; 
APPORTION-
MENT.—
‘‘(A) PERIOD
OF
AVAILABILITY.—A grant
under this subsection shall remain available only
for the fiscal year for which the grant is made
and the following fiscal year.
‘‘(B) APPORTIONMENT.—At the end of the
period of availability under subparagraph (A),
the Secretary of the Interior shall apportion any
grant funds that remain available among the
States in the manner specified in section 4(e) for
use by the States in the same manner as funds
apportioned under section 4(e).
‘‘(b) SELECTION OF PROJECTS.—
‘‘(1) STATES OR ENTITIES TO BE BENEFITED.—
A project shall not be eligible for a grant under this
section unless the project will benefit—
‘‘(A) at least 26 States;
‘‘(B) a majority of the States in a region of
the United States Fish and Wildlife Service; or
‘‘(C) a regional association of State fish
and game departments.
‘‘(2) USE
OF
SUBMITTED
PRIORITY
LIST
OF
PROJECTS.—The Secretary of the Interior may award
grants under this section only for projects identified
on a priority list of sport fish restoration projects de-
scribed in paragraph (3).
‘‘(3) PRIORITY LIST OF PROJECTS.—A priority
list referred to in paragraph (2) is a priority list of
projects that the International Association of Fish
and Wildlife Agencies—
‘‘(A) prepares through a committee com-
prised of the heads of State fish and game de-
partments (or their designees), in consultation
with—
‘‘(i) 
nongovernmental 
organizations
that represent conservation organizations;
‘‘(ii) sportsmen organizations; and
‘‘(iii) industries that fund the sport
fish restoration programs under this Act;
‘‘(B) approves by vote of a majority of the
heads of State fish and game departments (or
their designees); and
‘‘(C) not later than October 1 of each fiscal
year, submits to the Chief of the Division of Fed-
eral Aid.
‘‘(4) PUBLICATION.—The Chief of the Division of
Federal Aid shall publish in the Federal Register each
priority list submitted under paragraph (3)(C).
‘‘(c) ELIGIBLE GRANTEES.—
‘‘(1) IN GENERAL.—The Secretary of the Interior
may make a grant under this section only to—
‘‘(A) a State or group of States;
‘‘(B) the United States Fish and Wildlife
Service for the purpose of carrying out the Na-
tional Survey of Fishing, Hunting, and Wildlife-
Associated Recreation; and
‘‘(C) subject to paragraph (2), a nongovern-
mental organization.
‘‘(2) NONGOVERNMENTAL ORGANIZATIONS.—
‘‘(A) IN GENERAL.—Any nongovernmental
organization that applies for a grant under this
section shall submit with the application to the
International Association of Fish and Wildlife
Agencies a certification that the organization—
‘‘(i) does not promote or encourage op-
position to the regulated taking of fish; and
‘‘(ii) will use any funds awarded
under this section in compliance with sub-
section (d).
‘‘(B) PENALTIES
FOR
CERTAIN
ACTIVI-
TIES.—Any nongovernmental organization that
is found to promote or encourage opposition to
the regulated taking of fish or that does not use
funds in compliance with subsection (d) shall re-
turn all funds received under this section and be
subject to any other penalties under law.
‘‘(d) USE OF GRANTS.—A grant under this section
shall not be used for an activity, project, or program that
promotes or encourages opposition to the regulated taking
of fish.
‘‘(e) FUNDING FOR OTHER ACTIVITIES.—Of the bal-
ance of each annual appropriation made under section 3
remaining after the distribution and use under subsections
(a), (b), and (c) of section 4 for each fiscal year and after
deducting amounts used for grants under subsection (a),
$2,100,000 shall be made available for—
‘‘(1) the Atlantic States Marine Fisheries Com-
mission;
‘‘(2) the Gulf States Marine Fisheries Commis-
sion;
‘‘(3) the Pacific States Marine Fisheries Com-
mission;
‘‘(4) the Great Lakes Fisheries Commission;
‘‘(5) the Sport Fishing and Boating Partnership
Council established by the United States Fish and
Wildlife Service;
‘‘(6) construction and renovation of pumpout
stations and waste reception facilities under the Clean
Vessel Act of 1992 (33 U.S.C. 1322 note; subtitle F of
title V of Public Law 102–587);
‘‘(7) coastal wetlands conservation grants under
section 305 of the Coastal Wetlands Planning, Protec-
tion and Restoration Act (16 U.S.C. 3954);
‘‘(8) boating infrastructure grants under section
7404 of the Sportfishing and Boating Safety Act of
1998 (16 U.S.C. 777g–1); and
‘‘(9) the National Outreach and Communications
Program established under section 8(d).’’.
(b) CONFORMING AMENDMENTS.—Section 4(e) of the
Dingell-Johnson Sport Fish Restoration Act (16 U.S.C.
777c(e)) is amended in the first sentence by inserting ‘‘and
after deducting amounts used for grants under section 14,’’
after ‘‘respectively,’’.
SEC. 203. CONFORMING AMENDMENT.
Section 9504(b)(2)(A) of the Internal Revenue Code of
1986 is amended by striking ‘‘(as in effect on the date of
the enactment of the TEA 21 Restoration Act)’’ and insert-
ing ‘‘(as in effect on the date of enactment of the Wildlife
and Sport Fish Restoration Programs Improvement Act of
2000)’’.
TITLE III—WILDLIFE AND SPORT
FISH RESTORATION PROGRAMS
SEC. 301. DESIGNATION OF PROGRAMS.
The programs established under the Pittman-Robert-
son Wildlife Restoration Act (16 U.S.C. 669 et seq.) and
the Dingell-Johnson Sport Fish Restoration Act (16 U.S.C.
777 et seq.) shall be known as the ‘‘Federal Assistance Pro-
gram for State Wildlife and Sport Fish Restoration’’.
SEC. 302. IMPLEMENTATION REPORT.
(a) TIMING.—At the time at which the President sub-
mits a budget request for the Department of the Interior
for the third fiscal year that begins after the date of enact-
ment of this Act, the Secretary of the Interior shall submit
to the Committee on Resources of the House of Representa-
tives and the Committee on Environment and Public Works
of the Senate a report on the steps that have been taken
to comply with this Act and the amendments made by this
Act.
(b) CONTENTS.—The report under subsection (a)
shall—
(1) describe—
(A) the extent to which compliance with this
Act and the amendments made by this Act has
required a reduction in the number of personnel
assigned to administer, manage, and oversee the
Federal Assistance Program for State Wildlife
and Sport Fish Restoration;
(B) any revisions to this Act or the amend-
ments made by this Act that would be desirable
in order for the Secretary of the Interior to ade-
quately administer the Programs and ensure
that funds provided to State agencies are prop-
erly used; and
(C) any other information concerning the
implementation of this Act and the amendments
made by this Act that the Secretary of the Inte-
rior considers appropriate; and
(2) certify, with respect to the period beginning
on the date of enactment of this Act—
(A)(i) the amounts used under section
4(a)(1) of the Pittman-Robertson Wildlife Res-
toration Act (16 U.S.C. 669c(a)(1)) and section
4(d) of the Dingell-Johnson Sport Fish Restora-
tion Act (16 U.S.C. 777c(d)); and
(ii) a breakdown of the categories for which
the amounts were used;
(B) the amounts apportioned to States
under section 4(a)(2) of the Pittman-Robertson
Wildlife Restoration Act (16 U.S.C. 669c(a)(2))
and section 4(d)(2)(A) of the Dingell-Johnson
Sport 
Fish 
Restoration 
Act 
(16 
U.S.C.
777c(d)(2)(A));
(C) the results of the audits performed
under section 9(d) of the Pittman-Robertson
Wildlife Restoration Act (16 U.S.C. 669h(d) and
section 9(d) of the Dingell-Johnson Sport Fish
Restoration Act (16 U.S.C. 777h(d));
(D) that all amounts used under section
4(a)(1) of the Pittman-Robertson Wildlife Res-
toration Act (16 U.S.C. 669c(a)(1)) and section
4(d) of the Dingell-Johnson Sport Fish Restora-
tion Act (16 U.S.C. 777c(d)) were necessary for
administrative expenses incurred in implementa-
tion of those Acts;
(E) that all amounts used to administer
those Acts by agency headquarters and by re-
gional offices of the United States Fish and
Wildlife Service were used in accordance with
those Acts; and
(F) that the Secretary of the Interior, the
Assistant Secretary for Fish and Wildlife and
Parks, the Director of the United States Fish
and Wildlife Service, and the Chief of the Divi-
sion of Federal Aid each properly discharged
their duties under those Acts.
(c) LIMITATION ON DELEGATION.—The Secretary of
the Interior shall not delegate the responsibility for making
a certification under subsection (b)(2) to any person except
the Assistant Secretary for Fish and Wildlife and Parks.
(d) PUBLICATION OF CERTIFICATIONS.—The Secretary
of the Interior shall promptly publish in the Federal Reg-
ister each certification under subsection (b)(2).