Title: Recovering America’s Wildlife Act of 2019
Policy area: Environmental Protection

Summary:
Recovering America’s Wildlife Act of 2019
This bill provides funding for (1) the conservation or restoration of wildlife and plant species of greatest conservation need; (2) the wildlife conservation strategies of states, Indian tribes, or territories; or (3) wildlife conservation education and recreation projects.
The Department of the Interior must use a portion of the funding for a grant program. The grants must be used for innovative recovery efforts for species of greatest conservation need, species listed as endangered or threatened species, or the habitats of such species.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3742 Introduced in House (IH)]

<DOC>






116th CONGRESS
  1st Session
                                H. R. 3742

    To amend the Pittman-Robertson Wildlife Restoration Act to make 
   supplemental funds available for management of fish and wildlife 
 species of greatest conservation need as determined by State fish and 
               wildlife agencies, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 12, 2019

 Mrs. Dingell (for herself, Mr. Fortenberry, Mr. Lowenthal, Mr. Vela, 
  Ms. Lee of California, Mr. Crist, Mr. Rodney Davis of Illinois, Mr. 
Amodei, Mr. Rouzer, Mr. Fitzpatrick, Ms. Velazquez, Ms. Schakowsky, Ms. 
Eshoo, Ms. Bonamici, Ms. Kuster of New Hampshire, Mr. Hill of Arkansas, 
Mr. Hastings, Mr. Schrader, Ms. Dean, Ms. Jackson Lee, Mr. Kilmer, Mr. 
 Quigley, Mrs. Napolitano, Mr. Austin Scott of Georgia, Mr. Cole, Mr. 
Gaetz, Mr. Veasey, Mr. Carbajal, Mr. Upton, Mr. Pappas, Mrs. Axne, Mr. 
    Michael F. Doyle of Pennsylvania, Mr. Soto, Mr. Courtney, Mrs. 
    Radewagen, Mr. Mast, Mr. Cuellar, Mr. Simpson, Mr. Cooper, Mr. 
 Blumenauer, Mr. Marshall, Mr. Rutherford, Mr. Brown of Maryland, Mr. 
   Krishnamoorthi, Ms. DelBene, Mr. Raskin, Mr. Budd, Mr. Lujan, Mr. 
    Stivers, Ms. Haaland, Mr. Cohen, Mr. Rush, Mr. Fleischmann, Mr. 
  Huffman, Mr. Larson of Connecticut, Mr. Grijalva, Ms. Norton, Miss 
 Gonzalez-Colon of Puerto Rico, Mr. Long, Mr. Kildee, Mr. Cartwright, 
and Ms. Tlaib) introduced the following bill; which was referred to the 
Committee on Natural Resources, and in addition to the Committee on the 
 Budget, for a period to be subsequently determined by the Speaker, in 
   each case for consideration of such provisions as fall within the 
                jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
    To amend the Pittman-Robertson Wildlife Restoration Act to make 
   supplemental funds available for management of fish and wildlife 
 species of greatest conservation need as determined by State fish and 
               wildlife agencies, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Recovering America's Wildlife Act of 
2019''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The populations of several species of wildlife across 
        America are in crisis. The Nation's efforts to recover at-risk 
        wildlife populations are not keeping pace with the increased 
        demand for natural resources and threats to native wildlife, 
        including disease, invasive species, habitat loss and 
        fragmentation, shifts in temperature ranges, and extreme 
        weather. More than 150 species are presumed extinct, another 
        500 are likely extinct, and more than 12,000 species are 
        designated as species of greatest conservation need, including 
        more than 700 wildlife species in the United States that are 
        already listed as threatened or endangered under the Endangered 
        Species Act. An assessment of the best-known groups of United 
        States wildlife and plants indicates that one-third of 
        America's species are vulnerable to extinction and one-fifth 
        imperiled and at high-risk of extinction.
            (2) A diverse array of species of fish and wildlife is of 
        significant value to the United States for aesthetic, 
        ecological, educational, cultural, recreational, economic, and 
        scientific reasons.
            (3) More than 100 million citizens of the United States 
        participate in outdoor recreation through hunting, fishing, 
        birding, and other wildlife-dependent recreation, all of which 
        have significant value to the citizens who engage in those 
        activities and provide economic benefits to local communities.
            (4) It is in the interest of the United States--
                    (A) to retain for present and future generations 
                the opportunity to hunt, fish, observe, understand, and 
                appreciate a wide variety of fish and wildlife;
                    (B) to recover species of fish and wildlife listed 
                as threatened species or endangered species under the 
                Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) 
                and to prevent fish and wildlife species from declining 
                to the point of requiring Federal protection under such 
                Act; and
                    (C) to support collaborative and proactive 
                conservation that will sustain the diverse fish and 
                wildlife populations of the United States.
            (5) The first nongovernmental conservation organizations to 
        instill fish and wildlife conservation values in hunters, 
        anglers, bird watchers, and all citizens were founded during 
        the 1880s to 1890s at the behest of hunters and anglers, 
        including Theodore Roosevelt and naturalist George Bird 
        Grinnell, who were alarmed that game and sportfish could not 
        sustain unregulated harvest and that avifauna needed protection 
        from commercial take.
            (6) At the turn of the 20th century, the States--
                    (A) realized the need to regulate the harvest of 
                game and sportfish for sustainable use;
                    (B) required hunters and anglers to obtain licenses 
                and established regulations for game seasons, bag and 
                creel limits, and legal means of take for game and 
                sportfish; and
                    (C) used the funds received for such licenses 
                largely for enforcement of such regulations.
            (7) In 1937, an alliance between hunters and conservation 
        organizations, States, the Federal Government, and the shooting 
        sports industry convinced Congress to transfer to the States 
        receipts from an existing Federal excise tax on sporting arms 
        and ammunition, matched by State hunting license dollars, for 
        the management of wildlife and conservation of habitat under 
        the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669 
        et seq.), which greatly enhanced the States' ability to move 
        from primarily enforcing game seasons and bag limits to 
        science-based research and management of wildlife.
            (8) In 1951, an alliance between anglers and conservation 
        organizations, States, the Federal Government, and the 
        sportfishing industry convinced Congress to impose a Federal 
        excise tax on fishing equipment under the Dingell-Johnson 
        Sportfish Restoration Act (16 U.S.C. 777 et seq.) and to 
        transfer to the States such receipts, matched by State fishing 
        license revenues, to manage sportfish and conserve aquatic 
        habitats, enhancing the State fish and wildlife department's 
        ability to use science-based research and management of fish 
        species.
            (9) Such user-pay, public-benefits means of funding fish 
        and wildlife conservation are unique in the world, having been 
        started in the United States by sportsmen and sportswomen who 
        were willing to pay these fees to ensure dedicated funds went 
        to fish and wildlife conservation delivered by the States.
            (10) Such user-pay funds (licenses and excise taxes)--
                    (A) have benefitted not only hunters and anglers, 
                but all citizens of the United States by providing 
                abundant fish and wildlife (including both game and 
                nongame species), clean water, outdoor recreation, 
                healthy activities, and quality of life; and
                    (B) provide, and will continue to provide, a 
                majority of the funds that are available to State fish 
                and wildlife departments for science-based research and 
                management of fish and wildlife.
            (11) State fish and wildlife agencies are responsible for 
        the conservation and management of all fish and wildlife in the 
        State, but are grossly underfunded because there are few funds 
        available at the State level for fish and wildlife 
        conservation, except those driven by hunting and fishing 
        license revenues and Federal excise tax revenues.
            (12) Congress created a subaccount known as the Wildlife 
        Conservation and Restoration Subaccount under section 3(a)(2) 
        of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 
        669b(a)(2)) to support the full array of fish and wildlife 
        conservation needs identified by State fish and wildlife 
        departments, including for species that are not hunted or 
        fished, but only authorized appropriations for the Subaccount 
        for one year.
            (13) While some appropriated funds have been made available 
        through related programs, the lack of assured and sufficient 
        dedicated funding for the Wildlife Conservation and Restoration 
        Subaccount has left unrealized the goals of the Subaccount, 
        thereby allowing fish and wildlife populations to continue to 
        decline across the United States and resulting in hundreds of 
        species being listed as threatened species or endangered 
        species under the Endangered Species Act of 1973 (16 U.S.C. 
        1531 et seq.).
            (14) Under the Pittman-Robertson Wildlife Restoration Act 
        (16 U.S.C. 669 et seq.), each State and territory is required 
        to seek public input and produce a comprehensive fish and 
        wildlife conservation strategy, otherwise known as a State 
        Wildlife Action Plan, to guide the State-led conservation of 
        the full array of fish, wildlife, and their habitats.
            (15) Providing assured and sufficient dedicated funding to 
        the Wildlife Conservation and Restoration Subaccount will 
        advance the national interest by assuring sustainable 
        populations of fish and wildlife species are available for the 
        use and enjoyment of citizens of the United States through 
        implementing the comprehensive fish and wildlife conservation 
        strategy of each State, territory, and the District of 
        Columbia.

             TITLE I--WILDLIFE CONSERVATION AND RESTORATION

SEC. 101. WILDLIFE CONSERVATION AND RESTORATION SUBACCOUNT.

    (a) In General.--Section 3 of the Pittman-Robertson Wildlife 
Restoration Act (16 U.S.C. 669b) is amended in subsection (c)--
            (1) by redesignating paragraphs (2) and (3) as paragraphs 
        (9) and (10); and
            (2) by striking paragraph (1) and inserting the following:
            ``(1) Establishment of subaccount.--
                    ``(A) In general.--There is established in the fund 
                a subaccount to be known as the `Wildlife Conservation 
                and Restoration Subaccount' (referred to in this 
                section as the `Subaccount').
                    ``(B) Availability.--Amounts in the Subaccount 
                shall be available without further appropriation, for 
                each fiscal year, for apportionment in accordance with 
                this Act.
                    ``(C) Deposits into subaccount.--Beginning in 
                fiscal year 2020, the Secretary of the Treasury shall 
                transfer $1,300,000,000 from the general fund of the 
                treasury each fiscal year to the fund for deposit in 
                the Subaccount.
            ``(2) Supplement not supplant.--Amounts transferred to the 
        Subaccount shall supplement, but not replace, existing funds 
        available to the States from--
                    ``(A) the funds distributed pursuant to the 
                Dingell-Johnson Sport Fish Restoration Act (16 U.S.C. 
                777 et seq.); and
                    ``(B) the fund.
            ``(3) Innovation grants.--
                    ``(A) In general.--The Secretary shall distribute 
                10 percent of funds apportioned from the Subaccount 
                through a competitive grant program to State fish and 
                wildlife departments, the District of Columbia fish and 
                wildlife department, fish and wildlife departments of 
                territories, or to regional associations of fish and 
                wildlife departments (or any group composed of more 
                than 1 such entity).
                    ``(B) Purpose.--Such grants shall be provided for 
                the purpose of catalyzing innovation of techniques, 
                tools, strategies, or collaborative partnerships that 
                accelerate, expand, or replicate effective and 
                measurable recovery efforts for species of greatest 
                conservation need and species listed under the 
                Endangered Species Act of 1973 (15 U.S.C. 1531 et seq.) 
                and the habitats of such species.
                    ``(C) Review committee.--The Secretary shall 
                appoint a review committee comprised of--
                            ``(i) a State Director from each regional 
                        association of State fish and wildlife 
                        departments;
                            ``(ii) the head of a department responsible 
                        for fish and wildlife management in a 
                        territory; and
                            ``(iii) four individuals representing four 
                        different nonprofit organizations each of which 
                        is actively participating in carrying out 
                        wildlife conservation restoration activities 
                        using funds apportioned from the Subaccount.
                    ``(D) Support from united states fish and wildlife 
                service.--The United States Fish and Wildlife Service 
                shall provide any personnel or administrative support 
                services necessary for such Committee to carry out its 
                responsibilities under this Act.
                    ``(E) Evaluation.--Such committee shall evaluate 
                each proposal submitted under this paragraph and 
                recommend projects for funding.
            ``(4) Use of funds.--Funds apportioned from the 
        Subaccount--
                    ``(A) shall be used to carry out, revise, or 
                enhance existing wildlife and habitat conservation and 
                restoration programs and to develop and implement new 
                wildlife conservation and restoration programs to 
                recover and manage species of greatest conservation 
                need and the key habitats and plant community types 
                essential to the conservation of those species as 
                determined by the appropriate State fish and wildlife 
                department;
                    ``(B) shall be used to develop, revise, and 
                implement a wildlife conservation strategy of the State 
                as may be required by this Act;
                    ``(C) shall be used to assist in the recovery of 
                species found in the State, territory, or in the case 
                of funds received by the District of Columbia, the 
                District of Columbia that are listed as endangered or 
                threatened under the Endangered Species Act of 1973 (16 
                U.S.C. 1531 et seq.) or under State law;
                    ``(D) may be used for wildlife conservation 
                education and wildlife-associated recreation projects;
                    ``(E) may be used to manage a species of greatest 
                conservation need whose range is shared with another 
                State, territory, Indian Tribe, or foreign government 
                and for the conservation of the habitat of such 
                species;
                    ``(F) may be used to manage, control, and prevent 
                invasive and nuisance species, disease, and other risks 
                to species of greatest conservation need; and
                    ``(G) may be used for law enforcement activities 
                that are directly related to the protection and 
                conservation of a species of greatest conservation need 
                and the habitat of such species.
            ``(5) Minimum required spending for species recovery.--Not 
        less than 10 percent of funds apportioned to a State or 
        territory from the Subaccount shall be used for purposes 
        described in paragraph (4)(C).
            ``(6) Public access to private lands not required.--Funds 
        apportioned from the Subaccount shall not be conditioned upon 
        the provision of public access to private lands, waters, or 
        holdings.
            ``(7) Requirements for matching funds.--
                    ``(A) For the purposes of the non-Federal fund 
                matching requirement for a wildlife conservation or 
                restoration program or project funded by the 
                Subaccount, a State may use as matching non-Federal 
                funds--
                            ``(i) funds from Federal agencies other 
                        than the Department of the Interior and the 
                        Department of Agriculture;
                            ``(ii) donated private lands and waters, 
                        including privately owned easements;
                            ``(iii) in circumstances described in 
                        subparagraph (B), revenue generated through the 
                        sale of State hunting and fishing licenses; and
                            ``(iv) other sources consistent with part 
                        80 of title 50, Code of Federal Regulations, in 
                        effect on the date of enactment of the 
                        Recovering America's Wildlife Act of 2019.
                    ``(B) Revenue described in subparagraph (A)(iii) 
                may only be used to fulfill the requirements of such 
                non-Federal fund matching requirement if--
                            ``(i) no Federal funds apportioned to the 
                        State fish and wildlife department of such 
                        State from the Wildlife Restoration Program or 
                        the Sport Fish Restoration Program have been 
                        reverted because of a failure to fulfill such 
                        non-Federal fund matching requirement by such 
                        State during the previous 2 years; and
                            ``(ii) the project or program being funded 
                        benefits the habitat of a hunted or fished 
                        species and a species of greatest conservation 
                        need.
            ``(8) Definitions.--In this subsection, the following 
        definitions apply:
                    ``(A) Species of greatest conservation need.--The 
                term `species of greatest conservation need' has the 
                meaning given to it by each State fish and wildlife 
                department, with respect to funds apportioned to such 
                State.
                    ``(B) Territory and territories.--The terms 
                `territory' and `territories' mean the Commonwealth of 
                Puerto Rico, Guam, American Samoa, the Commonwealth of 
                the Northern Mariana Islands, and the United States 
                Virgin Islands.
                    ``(C) Wildlife.--The term `wildlife' means any 
                species of wild, freeranging fauna, including fish, and 
                also fauna in captive breeding programs the object of 
                which is to reintroduce individuals of a depleted 
                indigenous species into previously occupied range.''.
    (b) Allocation and Apportionment of Available Amounts.--Section 4 
of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669c) is 
amended--
            (1) by redesignating the second subsection (c), relating to 
        the apportionment of the Wildlife Conservation and Restoration 
        Account, and subsection (d) as subsections (d) and (e) 
        respectively;
            (2) in subsection (d), as redesignated--
                    (A) in paragraph (1)--
                            (i) in subparagraph (A), by striking ``to 
                        the District of Columbia and to the 
                        Commonwealth of Puerto Rico, each'' and 
                        inserting ``To the District of Columbia'';
                            (ii) in subparagraph (B), by striking ``to 
                        Guam'' and inserting ``To Guam''; and
                            (iii) by adding at the end the following:
                    ``(C) To the Commonwealth of Puerto Rico, a sum 
                equal to not more than 1 percent thereof.'';
                    (B) in paragraph (2)(A), as redesignated--
                            (i) in clause (i), by striking ``one-
                        third'' and inserting ``one-half''; and
                            (ii) in clause (ii), by striking ``two-
                        thirds'' and inserting ``one-half''; and
                    (C) in paragraph (3), by striking ``3 percent'' and 
                inserting ``1.85 percent'';
            (3) by amending subsection (e)(4)(B), as redesignated, to 
        read as follows:
                    ``(B) Not more than an average of 15 percent over a 
                5-year period of amounts apportioned to each State 
                under this section for a State's wildlife conservation 
                and restoration program may be used for wildlife 
                conservation education and wildlife-associated 
                recreation.''; and
            (4) by adding at the end following:
    ``(f) Minimization of Planning and Reporting.--Nothing in this Act 
shall be interpreted to require a State to create a comprehensive 
strategy related to conservation education or outdoor recreation.
    ``(g) Report to Congress.--Not more than five years after the date 
of enactment of the Recovering America's Wildlife Act of 2019 and every 
5 years thereafter, each State fish and wildlife department shall 
submit a report describing the results derived from activities 
accomplished under paragraph (3) to--
            ``(1) the Committee on Environment and Public Works of the 
        Senate; and
            ``(2) the Committee on Natural Resources of the House of 
        Representatives.''.

SEC. 102. TECHNICAL AMENDMENTS.

    (a) Definitions.--Section 2 of the Pittman-Robertson Wildlife 
Restoration Act (16 U.S.C. 669a) is amended--
            (1) by striking paragraph (5);
            (2) by redesignating paragraphs (6) through (9) as 
        paragraphs (5) through (8), respectively; and
            (3) in paragraph (6), as redesignated by paragraph (2), by 
        inserting ``Indian Tribes, academic institutions,'' before 
        ``wildlife conservation organizations''.
    (b) Conforming Amendments.--The Pittman-Robertson Wildlife 
Restoration Act (16 U.S.C. 669a et seq.) is amended--
            (1) in section 3--
                    (A) in subsection (a)--
                            (i) by striking ``(1) An amount equal to'' 
                        and inserting ``An amount equal to''; and
                            (ii) by striking paragraph (2);
                    (B) in subsection (c)--
                            (i) in paragraph (9), as redesignated by 
                        section 101(a)(1), by striking ``or an Indian 
                        tribe''; and
                            (ii) in paragraph (10), as redesignated by 
                        section 101(a)(1), by striking ``Wildlife 
                        Conservation and Restoration Account'' and 
                        inserting ``Subaccount''; and
                    (C) in subsection (d), by striking ``Wildlife 
                Conservation and Restoration Account'' and inserting 
                ``Subaccount'';
            (2) in section 4 (16 U.S.C. 669c)--
                    (A) in subsection (d), as redesignated--
                            (i) in the heading, by striking ``Account'' 
                        and inserting ``Subaccount''; and
                            (ii) by striking ``Account'' each place it 
                        appears and inserting ``Subaccount''; and
                    (B) in subsection (e)(1), as redesignated, by 
                striking ``Account'' and inserting ``Subaccount''; and
            (3) in section 8 (16 U.S.C. 669g), in subsection (a), by 
        striking ``Account'' and inserting ``Subaccount''.

SEC. 103. SAVINGS CLAUSE.

    The Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669 et 
seq.) is amended--
            (1) by redesignating section 13 as section 15; and
            (2) by inserting after section 12 the following:

``SEC. 13. SAVINGS CLAUSE.

    ``Nothing in this Act shall be construed to enlarge or diminish the 
authority, jurisdiction, or responsibility of a State to manage, 
control, or regulate fish and wildlife under the law and regulations of 
the State on lands and waters within the State, including on Federal 
lands and waters.

``SEC. 14. STATUTORY CONSTRUCTION WITH RESPECT TO ALASKA.

    ``If any conflict arises between any provision of this Act and any 
provision of the Alaska National Interest Lands Conservation Act 
(Public Law 46-487, 16 U.S.C. 3101 et seq.), then the provision in the 
Alaska National Interest Lands Conservation Act shall prevail.''.

SEC. 104. EXCLUSION FROM PAYGO SCORECARDS.

    (a) Statutory Pay-As-You-Go Scorecards.--The budgetary effects of 
this Act shall not be entered on any PAYGO scorecard maintained 
pursuant to section 4(d) of the Statutory Pay-As-You-Go Act of 2010.
    (b) Senate PAYGO Scorecards.--The budgetary effects of this Act 
shall not be entered on any PAYGO scorecard maintained for purposes of 
section 4106 of H. Con. Res. 71 (115th Congress), the concurrent 
resolution on the budget for fiscal year 2018.

         TITLE II--TRIBAL WILDLIFE CONSERVATION AND RESTORATION

SEC. 201. INDIAN TRIBES.

    (a) Findings.--Congress finds that--
            (1) Indian Tribes are responsible for conservation and 
        management of all fish, wildlife, and flora on lands within 
        their jurisdiction;
            (2) however, their efforts remain grossly underfunded;
            (3) Tribes do not benefit from Federal excise tax revenues;
            (4) Tribal lands and waters provide vital habitat for 
        hundreds of federally listed, sensitive, economically important 
        and culturally significant species; and
            (5) a stable and consistent funding source that supports 
        Tribal wildlife conservation and management will benefit the 
        well-being of Tribes and the species they protect and conserve.
    (b) Definitions.--In this section--
            (1) Account.--The term ``Account'' means the Tribal 
        Wildlife Conservation and Restoration Account established by 
        subsection (c)(1).
            (2) Indian tribe.--The term ``Indian Tribe'' has the 
        meaning given such term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 5304).
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (4) Tribal species of greatest conservation need.--The term 
        ``Tribal species of greatest conservation need'' means any 
        species identified by an Indian Tribe as requiring conservation 
        management because of declining population, habitat loss, or 
        other threats, or because of their biological or cultural 
        importance to such Tribe.
            (5) Wildlife.--The term ``wildlife'' means--
                    (A) any species of wild flora or fauna including 
                fish and marine mammals;
                    (B) flora or fauna in a captive breeding, 
                rehabilitation, and holding or quarantine program, the 
                object of which is to reintroduce individuals of a 
                depleted indigenous species into previously occupied 
                range or to maintain a species for conservation 
                purposes; and
                    (C) does not include game farm animals.
    (c) Tribal Wildlife Conservation and Restoration Account.--
            (1) In general.--There is established in the Treasury an 
        account to be known as the ``Tribal Wildlife Conservation and 
        Restoration Account''.
            (2) Availability.--Amounts in the Account shall be 
        available for each fiscal year without further appropriation 
        for apportionment in accordance with this title.
            (3) Deposits.--Beginning in fiscal year 2020, and each 
        fiscal year thereafter, the Secretary of the Treasury shall 
        transfer $97,500,000 to the Account.
    (d) Distribution of Funds to Indian Tribes.--Each fiscal year, the 
Secretary of the Treasury shall deposit funds into the Account and 
distribute such funds through a noncompetitive application process 
according to guidelines and criteria determined by the Secretary of the 
Interior, acting through the Director of the Bureau of Indian Affairs, 
in consultation with Indian Tribes. Such funds shall remain available 
until expended.
    (e) Wildlife Management Responsibilities.--The distribution 
guidelines and criteria described in subsection (d) shall be based, in 
part, upon Indian Tribes' wildlife management responsibilities.
    (f) Use of Funds.--
            (1) In general.--Except as provided in paragraph (2), the 
        Secretary may distribute funds from the Account to an Indian 
        Tribe for any of the following purposes:
                    (A) To develop, carry out, revise, or enhance 
                wildlife conservation and restoration programs to 
                manage Tribal species of greatest conservation need and 
                the habitats of such species as determined by the such 
                Indian Tribe.
                    (B) To assist in the recovery of species listed as 
                an endangered or threatened species under the 
                Endangered Species Act of 1973 (16 U.S.C. 1531 et 
                seq.).
                    (C) For wildlife conservation education and 
                wildlife-associated recreation projects.
                    (D) To manage a Tribal species of greatest 
                conservation need and the habitat of such species, the 
                range of which may be shared with a foreign country, 
                State, or other Indian Tribe.
                    (E) To manage, control, and prevent invasive 
                species as well as diseases and other risks to 
                wildlife.
                    (F) For law enforcement activities that are 
                directly related to the protection and conservation of 
                wildlife.
                    (G) To develop, revise, and implement comprehensive 
                wildlife conservation strategies and plans for such 
                Tribe.
                    (H) For the hiring and training of wildlife 
                conservation and restoration program staff.
            (2) Conditions on the use of funds.--
                    (A) Required use of funds.--In order to be eligible 
                to receive funds under subsection (d), a Tribe's 
                application must include a proposal to use funds for at 
                least one of the purposes described in subparagraphs 
                (A) and (B) of paragraph (1).
                    (B) Imperiled species recovery.--In distributing 
                funds under this section, the Secretary shall 
                distribute not less than 15 percent of the total funds 
                distributed to proposals to fund the recovery of a 
                species, subspecies, or distinct population segment 
                listed as a threatened species, endangered species, or 
                candidate species under the Endangered Species Act of 
                1973 (16 U.S.C. 1531 et seq.) or Tribal law.
                    (C) Limitation.--In distributing funds under this 
                section, the Secretary shall distribute not more than 
                15 percent of all funds distributed under this section 
                for the purpose described in paragraph (1)(C).
    (g) No Matching Funds Required.--No Indian Tribe shall be required 
to provide matching funds to be eligible to receive funds under this 
Act.
    (h) Public Access Not Required.--Funds apportioned from the Tribal 
Wildlife Conservation and Restoration Account shall not be conditioned 
upon the provision of public or non-Tribal access to Tribal or private 
lands, waters, or holdings.
    (i) Administrative Costs.--Of the funds deposited under subsection 
(c)(3) for each fiscal year, not more than 3 percent shall be used by 
the Secretary for administrative costs.
    (j) Savings Clause.--Nothing in this Act shall be construed as 
modifying or abrogating a treaty with any Indian Tribe, or as enlarging 
or diminishing the authority, jurisdiction, or responsibility of an 
Indian Tribe to manage, control, or regulate wildlife.
                                 <all>