(3) a summary of the projects for which the 
Secretary has provided assistance under section 204 
and an evaluation of those projects; and 
(4) an evaluation of the status of threatened 
and endangered plant populations on the Pacific Is-
lands. 
TITLE 
III—FRESHWATER 
MUS-
SEL 
CONSERVATION 
FUND 
ACT OF 2021 
SEC. 301. SHORT TITLE. 
This title may be cited as the ‘‘Freshwater Mussel 
Conservation Fund Act of 2021’’. 
SEC. 302. PURPOSES. 
The purpose of this title is to assist in the conserva-
tion of threatened and endangered freshwater mussels spe-
cies and their habitats in the United States by supporting 
and providing financial resources for projects to conserve 
freshwater mussel species, their habitats, and address 
other threats to the survival of those species. 
SEC. 303. DEFINITIONS. 
In this title: 
(1) CONSERVATION.—The term ‘‘conservation’’ 
means the use of all methods and procedures nec-
essary to protect habitats of freshwater mussel spe-
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cies in the United States and of the freshwater mus-
sel species in those habitats including— 
(A) protection, restoration, and manage-
ment of habitats; 
(B) onsite research and monitoring of pop-
ulations, habitats, annual reproduction, and 
mussel species population trends; 
(C) assistance in the development, imple-
mentation, and improvement of national and re-
gional management plans; 
(D) enforcement and implementation of 
applicable conservation laws; and 
(E) community outreach and education. 
(2) FUND.—The term ‘‘Fund’’ means the 
Freshwater Mussel Conservation Fund established 
by section 305. 
(3) 
FRESHWATER
MUSSELS.—The 
terms 
‘‘freshwater mussel’’ and ‘‘freshwater mussels’’ 
mean any member of the order Unioinida. 
(4) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
SEC. 304. FRESHWATER MUSSEL CONSERVATION ASSIST-
ANCE. 
(a) IN GENERAL.—Subject to the availability of 
funds and in consultation with other Federal officials, the 
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Secretary of Interior shall provide competitive financial as-
sistance, including multiyear grants, for projects for the 
conservation of freshwater mussels in the United States 
for which project proposals are approved by the Secretary 
in accordance with this section. 
(b) USE
OF EXISTING AUTHORITIES.—Assistance 
provided under this section shall be carried out in a man-
ner consistent with authorities available to the Secretary 
under the Endangered Species Act of 1973 (16 U.S.C. 
1531 et seq.). 
(c) PROJECT PROPOSALS.— 
(1) ELIGIBLE APPLICANTS.—A project proposal 
may be submitted to the Secretary under this section 
by— 
(A) a relevant State and Tribal agency, re-
search institution, or nonprofit organization 
with the expertise required for the conservation 
of freshwater mussels in the United States; and 
(B) any other individual or entity, as de-
termined appropriate by the Secretary, with the 
expertise required for the conservation of fresh-
water mussels in the United States. 
(2) FEDERAL PARTNERSHIP OPPORTUNITIES.— 
A Federal agency may not be a lead entity or receive 
funding for a project under this section, but may be 
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included as a partner or collaborator on a project 
that receives such funding. 
(3) REQUIRED ELEMENTS.—A project proposal 
shall include— 
(A) a statement of the purposes of the 
project; 
(B) the name of the entity or individual 
with overall responsibility for the project; 
(C) a description of— 
(i) the qualifications of the entity or 
individuals that will conduct the project; 
(ii) methods for project implementa-
tion and outcome assessment; 
(iii) staffing and stakeholder engage-
ment for the project; 
(iv) the logistics of the project, includ-
ing cost estimates and timelines; 
(v) anticipated outcomes; 
(vi) mechanisms to ensure adequate 
local public participation in project devel-
opment and implementation; and 
(vii) how the project will promote sus-
tainable, effective, long-term programs to 
conserve plant populations on the Pacific 
Islands; 
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(D) demonstrated sensitivity to local his-
toric and cultural resources and compliance 
with applicable laws; 
(E) assurances that the project will be im-
plemented in consultation with relevant wildlife 
management authorities, Tribes, and other ap-
propriate government officials; 
(F) information that demonstrates the 
clear potential of the project to contribute to 
the conservation of freshwater mussels in the 
United States; 
(G) information regarding the source and 
amount of matching funding available for the 
project; and 
(H) such other information as the Sec-
retary may require. 
(d) PROJECT REVIEW AND APPROVAL.— 
(1) IN GENERAL.—The Secretary shall annu-
ally— 
(A) solicit project proposals for grants 
under this section; 
(B) provide to other Federal officials, as 
appropriate, copies of each proposal submitted 
in response to the solicitation; and 
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(C) review each such proposal on a 
timeline that recognizes the urgency of the de-
clining number of freshwater mussel species in 
the United States to determine whether the 
proposal meets the criteria specified in sub-
section (d). 
(2) 
CONSULTATION; 
APPROVAL
OR
DIS-
APPROVAL.—Subject to the availability of funds, the 
Secretary shall, with respect to each project proposal 
submitted under this section, and after consulting 
with other Federal officials, as appropriate— 
(A) consult with respect to the proposal 
with the government of each State and foreign 
country in which the project is to be conducted; 
and 
(B) provide written notification of the ap-
proval or disapproval to the individual or entity 
that submitted the proposal, such other Federal 
officials, and each State and foreign country de-
scribed in subparagraph (A). 
(e) CRITERIA FOR APPROVAL.— 
(1) IN GENERAL.—The Secretary may approve 
a project proposal under this section if the project 
shows promise for contributing to recovering and 
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sustaining freshwater mussel populations in the 
United States in the wild. 
(2) PRIORITY.—In selecting projects for assist-
ance, the Secretary shall give preference to projects 
that conserve threatened and endangered species 
protected by the Endangered Species Act (16 U.S.C. 
1531 et seq.). 
(3) PROJECT
SUSTAINABILITY.—To the max-
imum extent practicable, in determining whether to 
approve project proposals under this section, the 
Secretary shall give preference to conservation 
projects that are designed to ensure effective, long- 
term conservation of freshwater mussels and their 
habitats. 
(4) MATCHING FUNDS.—In determining wheth-
er to approve project proposals under this section, 
the Secretary shall give preference to projects for 
which matching funds are available. 
(5) WAIVER.—The Secretary may waive the ap-
plication of paragraphs (2), (3), and (4) with respect 
to a conservation project if the Secretary finds that 
such waiver is necessary to support a conservation 
project that the Secretary has identified as of high 
priority. 
(f) PROJECT REPORTING.— 
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(1) IN
GENERAL.—Each individual or entity 
that receives assistance under this section for a 
project shall submit to the Secretary periodic reports 
(at such intervals as the Secretary may require) that 
include all information that the Secretary, after con-
sultation with other government officials, determines 
is necessary to evaluate the progress and success of 
such project for the purposes of ensuring positive re-
sults, assessing problems, and fostering improve-
ments. 
(2) AVAILABILITY
TO
THE
PUBLIC.—Reports 
under paragraph (1), and any other documents re-
lating to projects for which financial assistance is 
provided under this title, shall be made available to 
the public in a timely manner. 
SEC. 305. FRESHWATER MUSSELS CONSERVATION FUND. 
(a) ESTABLISHMENT.—There is established in the 
Treasury a separate account, to be known as the ‘‘Fresh-
water Mussels Conservation Fund’’, consisting of— 
(1) amounts transferred to the Secretary of the 
Treasury for deposit into the Fund under subsection 
(e); 
(2) amounts appropriated to the Fund under 
section 306; and 
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(3) any interest earned on investment of 
amounts in the Fund under subsection (c). 
(b) EXPENDITURES FROM FUND.— 
(1) IN GENERAL.—Subject to paragraph (2), at 
the request of the Secretary, the Secretary of the 
Treasury shall transfer from the Fund to the Sec-
retary, without further appropriation, such amounts 
as the Secretary determines are necessary to carry 
out section 304. 
(2) 
ADMINISTRATIVE
EXPENSES.—Of 
the 
amounts in the account available for each fiscal 
year, the Secretary may expend not more than 3 
percent, or up to $80,000, whichever is greater, to 
pay the administrative expenses necessary to carry 
out this title. 
(c) INVESTMENT OF AMOUNTS.— 
(1) IN GENERAL.—The Secretary of the Treas-
ury shall invest such portion of the Fund as is not, 
in the judgment of the Secretary of the Treasury, 
required to meet current withdrawals. Investments 
may be made only in interest-bearing obligations of 
the United States. 
(2) ACQUISITION
OF
OBLIGATIONS.—For the 
purpose of investments under paragraph (1), obliga-
tions may be acquired— 
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(A) on original issue at the issue price; or 
(B) by purchase of outstanding obligations 
at market price. 
(3) SALE OF OBLIGATIONS.—Any obligation ac-
quired by the Fund may be sold by the Secretary of 
the Treasury at market price. 
(4) CREDITS TO FUND.—The interest on, and 
the proceeds from the sale or redemption of, any ob-
ligations held in the Fund shall be credited to and 
form a part of the Fund. 
(d) TRANSFERS OF AMOUNTS.— 
(1) IN GENERAL.—The amounts required to be 
transferred to the Fund under this section shall be 
transferred at least monthly from the general fund 
of the Treasury to the Fund on the basis of esti-
mates made by the Secretary of the Treasury. 
(2) ADJUSTMENTS.—Proper adjustment shall 
be made in amounts subsequently transferred to the 
extent prior estimates were in excess of or less than 
the amounts required to be transferred. 
(e) ACCEPTANCE AND USE OF DONATIONS.— 
(1) IN GENERAL.—The Secretary may accept 
for the Government a gift of any of the following to 
provide assistance under section 304: 
(A) Money. 
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(B) An obligation of the Government in-
cluded in the public debt made only on the con-
dition that the obligation be canceled and re-
tired and not reissued. 
(C) Other intangible personal property 
made only on the condition that the property is 
sold on the best terms available and the pro-
ceeds are deposited in the Fund. 
(2) DISCRETION TO REJECT A GIFT.—The Sec-
retary may reject a gift under this section when the 
rejection is in the interest of the Government. 
(3) TAXES.—If a gift received under this sub-
section is subject to a gift or inheritance tax, the 
Secretary may pay the tax out of the proceeds of the 
gift or the proceeds of the redemption or sale of the 
gift. 
SEC. 306. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated to the Sec-
retary $5,000,000 for each of fiscal years 2022 through 
2027 to carry out this title. 
SEC. 307. REPORT TO CONGRESS. 
The Secretary shall submit an annual report to Con-
gress not later than January 31 of each year regarding 
the Fund and the status of freshwater mussels in the 
United States. Each such report shall include with respect 
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