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 mus-
sels in the United States, and desert fish in the South-
west United States, 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. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Extinction Prevention Act of 2021’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
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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TITLE I—NORTH AMERICA BUT-
TERFLY CONSERVATION ACT 
OF 2021 
SEC. 101. SHORT TITLE. 
This title may be cited as the ‘‘North America But-
terfly Conservation Fund Act of 2021’’. 
SEC. 102. PURPOSES. 
The purposes of this title are— 
(1) to perpetuate healthy populations of butter-
flies in North America; 
(2) to assist in the conservation of threatened 
and endangered butterflies by supporting conserva-
tion initiatives in North America; and 
(3) to provide financial resources and to foster 
international cooperation for those initiatives. 
SEC. 103. DEFINITIONS. 
In this title: 
(1) CONSERVATION.—The term ‘‘conservation’’ 
means the use of all methods and procedures nec-
essary to protect habitats of butterflies in North 
America and of butterflies in those habitats, includ-
ing— 
(A) protection, restoration, and manage-
ment of habitats; 
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(B) onsite research and monitoring of pop-
ulations, habitats, annual reproduction, and 
butterfly 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 
North America Butterfly Conservation Fund estab-
lished by section 105. 
(3) BUTTERFLY.—The terms ‘‘butterfly’’ and 
‘‘butterflies’’ mean any member of the order Lepi-
doptera. 
(4) NORTH AMERICA.—The term ‘‘North Amer-
ica’’ means the United States, Canada, Mexico, An-
tigua and Barbuda, Bahamas, Barbados, Belize, 
Costa Rica, Cuba, Dominica, Dominican Republic, 
El Salvador, Grenada, Guatemala, Haiti, Honduras, 
Jamaica, Nicaragua, Panama, Saint Kitts and 
Nevis, Saint Lucia, Saint Vincent and the Grena-
dines, and Trinidad and Tobago. 
(5) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
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SEC. 104. NORTH AMERICA BUTTERFLY CONSERVATION AS-
SISTANCE. 
(a) ASSISTANCE.— 
(1) IN GENERAL.—Subject to the availability of 
funds and in consultation with other Federal offi-
cials, the Secretary shall use amounts in the Fund 
to provide financial assistance for projects for the 
conservation of butterflies for which project pro-
posals are approved by the Secretary in accordance 
with this section. 
(2) USE OF EXISTING AUTHORITIES.—Assist-
ance provided under this section shall be carried out 
in a manner consistent with authorities available to 
the Secretary under the Endangered Species Act of 
1973 (16 U.S.C. 1531 et seq.). 
(b) PROJECT PROPOSALS.— 
(1) ELIGIBLE APPLICANTS.—A proposal for a 
project for the conservation of butterflies may be 
submitted to the Secretary by— 
(A) a relevant State or Tribal agency, re-
search institution, nonprofit organization, or 
wildlife management authority in North Amer-
ica that— 
(i) has within its boundaries butterfly 
habitat; and 
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(ii) directly or indirectly affects but-
terfly conservation; or 
(B) any other individual or entity, as de-
termined appropriate by the Secretary, with the 
demonstrated expertise required for the con-
servation of butterflies in North America. 
(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 
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; 
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(iv) the logistics of the project, includ-
ing cost estimates and timelines; 
(v) anticipated outcomes; and 
(vi) mechanisms to encourage ade-
quate local public participation in project 
development and implementation; 
(D) assurances that the project will be im-
plemented in consultation with relevant wildlife 
management authorities, Tribes, and other ap-
propriate government officials; 
(E) evidence of free, informed, and prior 
consent by indigenous communities in the areas 
the project will be conducted, if the Secretary 
determines that such consent is required for the 
success of the project; 
(F) demonstrated sensitivity to local his-
toric and cultural resources and compliance 
with applicable laws; 
(G) information that demonstrates the po-
tential of the project to contribute to the con-
servation of butterfly populations in North 
America; 
(H) evidence of support for the project by 
appropriate governmental entities of the coun-
tries, Tribes, and indigenous communities in 
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which the project will be conducted, if the Sec-
retary determines that such support is required 
for the success of the project; 
(I) information regarding the source and 
amount of matching funding available for the 
project; and 
(J) such other information as the Sec-
retary may require. 
(c) PROJECT REVIEW AND APPROVAL.— 
(1) IN GENERAL.—The Secretary shall— 
(A) not later than 30 days after receiving 
a project proposal, provide a copy of the pro-
posal to other Federal officials, as appropriate; 
and 
(B) review each project proposal in a time-
ly manner to determine whether the proposal 
meets the criteria specified in subsection (d). 
(2) 
CONSULTATION; 
APPROVAL
OR
DIS-
APPROVAL.—Not later than 180 days after receiving 
a project proposal, and subject to the availability of 
funds, the Secretary, after consulting with other 
Federal officials, as appropriate, shall— 
(A) consult on the proposal with the gov-
ernment of each country in which the project is 
to be conducted; 
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(B) after taking into consideration any 
comments resulting from the consultation, ap-
prove or disapprove the project proposal; and 
(C) provide written notification of the ap-
proval or disapproval to the person that sub-
mitted the project proposal, such other Federal 
officials, and each country described in sub-
paragraph (A). 
(d) CRITERIA FOR APPROVAL.— 
(1) IN GENERAL.—The Secretary may approve 
a project proposal under this section if the project 
will help recover and sustain viable populations of 
butterflies in the wild by assisting efforts in North 
America to implement butterfly conservation pro-
grams. 
(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 
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projects that are designed to ensure effective, long- 
term conservation of butterflies 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) if the Sec-
retary finds that such waiver is necessary to support 
a conservation project that the Secretary has identi-
fied as of high priority. 
(e) PROJECT REPORTING.— 
(1) IN GENERAL.—Each person that receives 
assistance under this section for a project shall sub-
mit to the Secretary periodic reports (at such inter-
vals as the Secretary may require) that include all 
information that the Secretary, after consultation 
with other government officials, determines is nec-
essary to evaluate the progress and success of such 
project for the purposes of ensuring positive results, 
assessing problems, and fostering improvements. 
(2) AVAILABILITY
TO
THE
PUBLIC.—Reports 
under paragraph (1), and any other documents re-
lating to projects for which financial assistance is 
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provided under this title, shall be made available to 
the public. 
SEC. 105. NORTH AMERICA BUTTERFLY CONSERVATION 
FUND. 
(a) ESTABLISHMENT.—There is established in the 
Treasury a separate account, to be known as the ‘‘North 
America Butterfly 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 106; and 
(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 104. 
(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 
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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— 
(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 
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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 104: 
(A) money; 
(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; and 
(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 
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Secretary may pay the tax out of the proceeds of the 
gift or the proceeds of the redemption or sale of the 
gift. 
SEC. 106. 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. 107. 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 butterflies in North America. 
Each such report shall include with respect to the year 
for which such report is submitted a description of— 
(1) the total amounts deposited into and ex-
pended from the Fund; 
(2) the costs associated with the administration 
of the Fund; 
(3) a summary of the projects for which the 
Secretary has provided assistance under section 104 
and an evaluation of those projects; and 
(4) an evaluation of the status of threatened 
and endangered butterfly populations in North 
America. 
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