[House Report 115-802] [From the U.S. Government Publishing Office] 115th Congress } { Report HOUSE OF REPRESENTATIVES 2d Session } { 115-802 ====================================================================== AMENDING THE PITTMAN-ROBERTSON WILDLIFE RESTORATION ACT AND THE DINGELL-JOHNSON FEDERAL AID IN SPORT FISH RESTORATION ACT, TO PROVIDE PARITY FOR UNITED STATES TERRITORIES AND THE DISTRICT OF COLUMBIA, TO MAKE TECHNICAL CORRECTIONS TO SUCH ACTS AND RELATED LAWS, AND FOR OTHER PURPOSES _______ July 3, 2018.--Committed to the Committee of the Whole House on the State of the Union and ordered to be printed _______ Mr. Bishop of Utah, from the Committee on Natural Resources, submitted the following R E P O R T [To accompany H.R. 5875] [Including cost estimate of the Congressional Budget Office] The Committee on Natural Resources, to whom was referred the bill (H.R. 5875) to amend the Pittman-Robertson Wildlife Restoration Act and the Dingell-Johnson Federal Aid in Sport Fish Restoration Act, to provide parity for United States territories and the District of Columbia, to make technical corrections to such Acts and related laws, and for other purposes, having considered the same, report favorably thereon without amendment and recommend that the bill do pass. Purpose of the Bill The purpose of H.R. 5875 is to amend the Pittman-Robertson Wildlife Restoration Act and the Dingell-Johnson Federal Aid in Sport Fish Restoration Act to provide parity for United States territories and the District of Columbia, and to make technical corrections to such Acts and related laws. Background and Need for Legislation The Pittman-Robertson Wildlife Restoration Act of 1937 (Sept. 2, 1937, ch. 899, Sec. 1, 50 Stat. 917) uses the proceeds of federal excise tax on firearms ammunition and archery equipment to fund grants for wildlife resource projects to States' territorial fish and wildlife agencies, and to conduct hunter education programs. The excise tax is set at 10% of the wholesale price for pistols and revolvers, 11% for other firearms as well as shells or cartridges, and is collected by the manufacturer. An 11% tax on archery equipment is also deposited into the fund. The tax is applied whether the equipment is likely to be used for hunting or not. Total apportionments to the States and territories were $780,031,696 in Fiscal Year 2017 and $695,141,699 in Fiscal Year 2016.\1\ --------------------------------------------------------------------------- \1\United States Fish and Wildlife Service Certificates of Apportionment for Fiscal Years 2016 and 2017. --------------------------------------------------------------------------- Similar to the fund established by the Pittman-Robertson Act, the Dingell-Johnson Sport Fish Restoration Act of 1950 (Aug. 9, 1950, ch. 658, 64 Stat. 430) uses the proceeds of federal excise taxes levied on sport fishing equipment, as well as import duties on fishing tackle, yachts and pleasure boats. The taxes paid by hunters, fishers, boaters, and recreational shooters support the management of marine and terrestrial wildlife populations and their habitats. Preserving and enhancing this volunteer revenue source has enabled State agencies to provide additional outdoor recreational opportunities. This ``user pay/public benefits'' approach aids hunters, recreational shooters, and all citizens through the delivery of on-the-ground wildlife and habitat conservation activities by the State fish and wildlife agencies. Under current law, each State is guaranteed at least a 1% share of the yearly Pittman-Robertson apportionment. However, the Pittman-Robertson Act caps Puerto Rico's share at 0.25% and the four other U.S. territories' shares at just 0.167%.\2\ H.R. 5875 would specifically remove the existing caps on funds for basic hunter education programs and would mandate that each territory and State receive not less than 1% in any given year. --------------------------------------------------------------------------- \2\16 U.S.C. 669g-1--Payment of funds to and cooperation with Puerto Rico, Guam, American Samoa, Commonwealth of the Northern Mariana Islands, and Virgin Islands. --------------------------------------------------------------------------- The bill also removes additional percentage restrictions on apportionments for wildlife and sport fish restoration projects. The absence of the caps will allow the Secretary of the Interior to exercise discretion in apportioning Pittman- Robertson and Dingell-Johnson funds to the five U.S. territories, in proportion to their populations, as is done currently for each of the 50 States. Section-by-Section Analysis Section 1. Apportionment under Pittman-Robertson Wildlife Restoration Act Removes caps in current statute (16 U.S.C. 669c) for yearly Pittman-Robertson apportionment to American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, and the U.S. Virgin Islands that are currently set at 0.167% and 0.25% for Puerto Rico. This Section also affects the District of Columbia. Each State and territory shall not be apportioned less than 1 percent of such revenue. Allows the Secretary of the Interior to exercise discretion in apportioning Pittman-Robertson funds to the five U.S. territories and D.C., in proportion to their populations, as is done currently for each of the 50 States. Section 2. Technical corrections to Pittman-Robertson Wildlife Restoration Act Makes technical corrections to the Pittman Robertson Act. Section 3. Apportionment under Dingell-Johnson Sport Fish Restoration Act Removes caps in current statute (16 U.S.C. 777k) for yearly apportionment to American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, the U.S. Virgin Islands, and the District of Columbia under the Dingell-Johnson Act, which are currently set at 1% for Puerto Rico, and .333% for the District of Colombia, Guam, American Samoa, the Northern Mariana Islands, and the U.S. Virgin Islands. Allows the Secretary of the Interior to exercise discretion in apportioning Dingell-Johnson funds to the five U.S. territories and D.C., in proportion to their populations, as is done currently for each of the 50 States. Section 4. Technical corrections to Dingell-Johnson Act Makes technical corrections to the Dingell-Johnson Act. Committee Action H.R. 5875 was introduced on May 18, 2018, by Congresswoman Madeleine Z. Bordallo (D-GU). The bill was referred to the Committee on Natural Resources, and within the Committee to the Subcommittee on Federal Lands. On May 22, 2018, the Subcommittee held a hearing on the bill. On June 6, 2018, the Natural Resources Committee met to consider the bill. The Subcommittee was discharged by unanimous consent. No amendments were offered and the bill was ordered favorably reported to the House of Representatives by unanimous consent. Committee Oversight Findings and Recommendations Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of rule XIII of the Rules of the House of Representatives, the Committee on Natural Resources' oversight findings and recommendations are reflected in the body of this report. Compliance With House Rule XIII and Congressional Budget Act 1. Cost of Legislation and the Congressional Budget Act. With respect to the requirements of clause 3(c)(2) and (3) of rule XIII of the Rules of the House of Representatives and sections 308(a) and 402 of the Congressional Budget Act of 1974, the Committee has received the following estimate for the bill from the Director of the Congressional Budget Office: U.S. Congress, Congressional Budget Office, Washington, DC, June 25, 2018. Hon. Rob Bishop, Chairman, Committee on Natural Resources, House of Representatives, Washington, DC. Dear Mr. Chairman; The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 5875, a bill to amend the Pittman-Robertson Wildlife Restoration Act and the Dingell-Johnson Federal Aid in Sport Fish Restoration Act, to provide parity for United States territories and the District of Columbia, to make technical corrections to such Acts and related laws, and for other purposes. If you wish further details on this estimate, we will be pleased to provide them. The CBO staff contact is Janani Shankaran. Sincerely, Keith Hall, Director. Enclosure. H.R. 5875--A bill to amend the Pittman-Robertson Wildlife Restoration Act and the Dingell-Johnson Federal Aid in Sport Fish Restoration Act, to provide parity for United States territories and the District of Columbia, to make technical corrections to such Acts and related laws, and for other purposes Under the Pittman-Robertson Wildlife Restoration Act and the Dingell-Johnson Federal Aid in Sport Fish Restoration Act, states are awarded grants in proportion to their populations. Those laws cap the grant amounts awarded to the U.S. territories and the District of Columbia. H.R. 5875 would remove the caps and direct the U.S. Fish and Wildlife Service (USFWS), which administers the programs, to apportion grants to the U.S. territories and the District of Columbia in the same manner as states. The grants are recorded in the budget as direct spending. Using information from USFWS, CBO expects that enacting H.R. 5875 would not affect the total amounts awarded under either program. Under the bill, CBO estimates, the U.S. territories and the District of Columbia would receive a larger share of the total, and each of the 50 states would receive a slightly smaller share than under current law. CBO expects that the change to the award amounts could have a small effect on the timing of when those funds are spent; however, CBO estimates that the net effect would be insignificant. Because enacting H.R. 5875 could affect direct spending, pay-as-you-go procedures apply. Enacting H.R. 5875 would not affect revenues. CBO estimates that enacting H.R. 5875 would not increase net direct spending or on-budget deficits in any of the four consecutive 10-year periods beginning in 2029. H.R. 5875 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act. The CBO staff contact for this estimate is Janani Shankaran. The estimate was reviewed by H. Samuel Papenfuss, Deputy Assistant Director for Budget Analysis. 2. General Performance Goals and Objectives. As required by clause 3(c)(4) of rule XIII, the general performance goal or objective of this bill is to amend the Pittman-Robertson Wildlife Restoration Act and the Dingell-Johnson Federal Aid in Sport Fish Restoration Act to provide parity for United States territories and the District of Columbia, and to make technical corrections to such Acts and related laws. Earmark Statement This bill does not contain any Congressional earmarks, limited tax benefits, or limited tariff benefits as defined under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of the House of Representatives. Compliance With Public Law 104-4 This bill contains no unfunded mandates. Compliance With H. Res. 5 Directed Rule Making. This bill does not contain any directed rule makings. Duplication of Existing Programs. This bill does not establish or reauthorize a program of the federal government known to be duplicative of another program. Such program was not included in any report from the Government Accountability Office to Congress pursuant to section 21 of Public Law 111-139 or identified in the most recent Catalog of Federal Domestic Assistance published pursuant to the Federal Program Information Act (Public Law 95-220, as amended by Public Law 98-169) as relating to other programs. Preemption of State, Local or Tribal Law This bill is not intended to preempt any State, local or tribal law. Changes in Existing Law Made by the Bill, as Reported In compliance with clause 3(e) of rule XIII of the Rules of the House of Representatives, changes in existing law made by the bill, as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italic, and existing law in which no change is proposed is shown in roman): PITTMAN-ROBERTSON WILDLIFE RESTORATION ACT Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the [Secretary of Agriculture] Secretary of the Interior is authorized to cooperate with the States, through their respective State fish and game departments, in wildlife- restoration projects as hereinafter set forth; but no money apportioned under this Act to any State shall be expended therein until its legislature, or other State agency authorized by the State constitution to make laws governing the conservation of wildlife, shall have assented to the provision of this Act and shall have passed laws for the conservation of wildlife which shall include a prohibition against the diversion of license fees paid by hunters for any other purpose than the administration of said State fish and game department, except that, until the final adjournment of the first regular session of the legislature held after the passage of this Act, the assent of the Governor of the State shall be sufficient. The Secretary of Agriculture and the State fish and game department of each State accepting the benefits of this Act shall agree upon the wildlife-restoration projects to be aided in such State under the terms of this Act and all projects shall conform to the standards fixed by the Secretary of Agriculture. SEC. 2. DEFINITIONS. As used in this Act-- (1) the term ``conservation'' means the use of methods and procedures necessary or desirable to sustain healthy populations of wildlife, including all activities associated with scientific resources management such as research, census, monitoring of populations, acquisition, improvement and management of habitat, live trapping and transplantation, wildlife damage management, and periodic or total protection of a species or population, as well as the taking of individuals within wildlife stock or population if permitted by applicable State and Federal law; (2) the term ``Secretary'' means the Secretary of the Interior; (3) the term ``State fish and game department'' or ``State fish and wildlife department'' means any department or division of department of another name, or commission, or official or officials, of a State empowered under its laws to exercise the functions ordinarily exercised by a State fish and game department or State fish and wildlife department. (4) the term ``wildlife'' means any species of wild, free-ranging 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; (5) the term ``wildlife-associated recreation'' means projects intended to meet the demand for outdoor activities associated with wildlife including, but not limited to, hunting and fishing, wildlife observation and photography, such projects as construction or restoration of wildlife viewing areas, observation towers, blinds, platforms, land and water trails, water access, field trialing, trail heads, and access for such projects; (6) the term ``wildlife conservation and restoration program'' means a program developed by a State fish and wildlife department and approved by the Secretary under [section 304(d)] section 4(e), the projects that constitute such a program, which may be implemented in whole or part through grants and contracts by a State to other State, Federal, or local agencies (including those that gather, evaluate, and disseminate information on wildlife and their habitats), wildlife conservation organizations, and outdoor recreation and conservation education entities from funds apportioned under this title, and maintenance of such projects; (7) the term ``wildlife conservation education'' means projects, including public outreach, intended to foster responsible natural resource stewardship; and (8) the term ``wildlife-restoration project'' includes the wildlife conservation and restoration program and means the selection, restoration, rehabilitation, and improvement of areas of land or water adaptable as feeding, resting, or breeding places for wildlife, including acquisition of such areas or estates or interests therein as are suitable or capable of being made suitable therefor, and the construction thereon or therein of such works as may be necessary to make them available for such purposes and also including such research into problems of wildlife management as may be necessary to efficient administration affecting wildlife resources, and such preliminary or incidental costs and expenses as may be incurred in and about such projects. Sec. 3. (a)(1) An amount equal to all revenues accruing each fiscal year (beginning with the fiscal year 1975) from any tax imposed on specified articles by sections 4161(b) and 4181 of the Internal Revenue Code of 1986 (26 U.S.C. 4161(b), 4181) shall, subject to the exemptions in section 4182 of such Code, be covered into the Federal aid to wildlife restoration fund in the Treasury (hereinafter referred to as the ``fund'') and is authorized to be appropriated and made available until expended to carry out the purposes of this Act. So much of such appropriation apportioned to any State for any fiscal year as remains unexpended at the close thereof is authorized to be made available for expenditure in that State until the close of the succeeding fiscal year. Any amount apportioned to any State under the provisions of this Act which is unexpended or unobligated at the end of the period during which it is available for expenditure on any project is authorized to be made available for expenditure by the Secretary of Agriculture in carrying out the provisions of the Migratory Bird Conservation Act. (2) There is established in the Federal aid to wildlife restoration fund a subaccount to be known as the ``Wildlife Conservation and Restoration Account''. There are authorized to be appropriated for the purposes of the Wildlife Conservation and Restoration Account $50,000,000 in fiscal year 2001 for apportionment in accordance with this Act to carry out State wildlife conservation and restoration programs. Further, interest on amounts transferred shall be treated in a manner consistent with [16 U.S.C. 669(b)(1))] subsection (b)(1). (b)(1) The Secretary of the Treasury shall invest in interest-bearing obligations of the United States such portion of the fund as is not, in his judgment, required for meeting a current year's withdrawals. For purposes of such investment, the Secretary of the Treasury may-- (A) acquire obligations at the issue price and purchase outstanding obligations at the market price; and (B) sell obligations held in the fund at the market price. (2) The interest on obligations held in the fund-- (A) shall be credited to the fund; (B) constitute the sums available for allocation by the Secretary under section 8 of the North American Wetlands Conservation Act; and (C) shall become available for apportionment under this Act at the beginning of fiscal year 2026. (c)(1) Amounts transferred to the Wildlife Conservation and Restoration Account shall supplement, but not replace, existing funds available to the States from the sport fish restoration account and wildlife restoration account and shall be used for the development, revision, and implementation of wildlife conservation and restoration programs and should be used to address the unmet needs for a diverse array of wildlife and associated habitats, including species that are not hunted or fished, for wildlife conservation, wildlife conservation education, and wildlife-associated recreation projects. Such funds may be used for new programs and projects as well as to enhance existing programs and projects. (2) Funds may be used by a State or an Indian tribe for the planning and implementation of its wildlife conservation and restoration program and wildlife conservation strategy, as provided in [sections 4(d) and (e) of this Act,] section 4(e), including wildlife conservation, wildlife conservation education, and wildlife-associated recreation projects. Such funds may be used for new programs and projects as well as to enhance existing programs and projects. (3) Priority for funding from the Wildlife Conservation and Restoration Account shall be for those species with the greatest conservation need as defined by the State wildlife conservation and restoration program. (d) Notwithstanding subsections (a) and (b) of this section, with respect to amounts transferred to the Wildlife Conservation and Restoration Account, so much of such amounts apportioned to any State for any fiscal year as remains unexpended at the close thereof shall remain available for obligation in that State until the close of the second succeeding fiscal year. SEC. 4. ALLOCATION AND APPORTIONMENT OF AVAILABLE AMOUNTS. (a) Set-Aside for Expenses for Administration of the Pittman- Robertson Wildlife Restoration Act.-- (1) In general.-- (A) Set-aside.--For fiscal year 2001 and each fiscal year thereafter, of the revenues (excluding interest accruing under section 3(b)) covered into the fund for the fiscal year, the Secretary of the Interior may use not more than the available amount specified in subparagraph (B) for the fiscal year for expenses for administration 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 each of fiscal years 2001 and 2002, $9,000,000; (ii) for fiscal year 2003, $8,212,000; and (iii) for fiscal year 2004 and each fiscal 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 paragraph (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 remains 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.--The Secretary of the Interior, after deducting 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 the remainder of the revenue in said fund for each fiscal year among the several States in the following manner: One-half in the ratio which the area of each State bears to the total area of all the States, and one-half in the ratio which the number of paid hunting-license holders of each State in the second fiscal year preceding the fiscal year for which such apportionment is made, as certified to said Secretary by the State fish and game departments, bears to the total number of paid hunting-license holders of all the States. Such apportionments shall be adjusted equitably so that no State shall receive less than one-half of 1 per centum nor more than 5 per centum of the total amount apportioned. The term fiscal year as used in this Act shall be a period of twelve consecutive months from October 1 through the succeeding September 30, except that the period for enumeration of paid hunting-license holders shall be a State's fiscal or license year. (c) One-half of the revenues accruing to the fund under this Act each fiscal year (beginning with the fiscal year 1975) from any tax imposed on pistols, revolvers, bows, and arrows shall be apportioned [among the States in proportion to the ratio that the population of each State bears to the population of all the States: Provided, That each State shall be apportioned not more than 3 per centum and not less than 1 per centum of such revenues and Guam, the Virgin Islands, American Samoa, Puerto Rico, and the Northern Mariana Islands shall each be apportioned one-sixth of 1 per centum of such revenues.] among the States and each of American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, and the United States Virgin Islands in proportion to the ratio that the population of each State and each such territory bears to the population of all the States and such territories, except that each State shall be apportioned not more than 3 percent of such revenues, and each State and each such territory shall be apportioned not less than 1 percent of such revenues. For the purpose of this subsection, population shall be determined on the basis of the latest decennial census for which figures are available, as certified by the Secretary of Commerce. [(c)] (d) Apportionment of Wildlife Conservation and Restoration Account.-- [(1) The Secretary of the Interior shall make the following apportionment from the Wildlife Conservation and Restoration Account: [(A) to the District of Columbia and to the Commonwealth of Puerto Rico, each a sum equal to not more than one-half of 1 percent thereof. [(B) to Guam, American Samoa, the Virgin Islands, and the Commonwealth of the Northern Mariana Islands, each a sum equal to not more than one-fourth of 1 percent thereof.] (1) The Secretary of the Interior shall apportion from the Wildlife Conservation and Restoration Account to each of the District of Columbia, American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, and the United States Virgin Islands a sum equal to not more than one-half of 1 percent of such Account. (2)(A) The Secretary of the Interior, after making the apportionment under paragraph (1), shall apportion the remaining amount in the Wildlife Conservation and Restoration Account for each fiscal year among the States in the following manner: (i) [one-third of which is based] One-third of such amount shall be apportioned based on the ratio to which the land area of such State bears to the total land area of all such States[; and]. (ii) [two-thirds of which is based] Two- thirds of such amount shall be apportioned based on the ratio to which the population of such State bears to the total population of all such States. (B) The amounts apportioned under this paragraph shall be adjusted equitably so that no such State shall be apportioned a sum which is less than one percent of the amount available for apportionment under this paragraph for any fiscal year or more than five percent of such amount. (3) Of the amounts transferred to the Wildlife Conservation and Restoration Account, not to exceed 3 percent shall be available for any Federal expenses incurred in the administration and execution of programs carried out with such amounts. [(d)] (e) Wildlife Conservation and Restoration Programs.-- (1) Any State, through its fish and wildlife department, may apply to the Secretary of the Interior for approval of a wildlife conservation and restoration program, or for funds from the Wildlife Conservation and Restoration Account, to develop a program. To apply, a State shall submit a comprehensive plan that includes-- (A) provisions vesting in the fish and wildlife department of the State overall responsibility and accountability for the program; (B) provisions for the development and implementation of-- (i) wildlife conservation projects that expand and support existing wildlife programs, giving appropriate consideration to all wildlife; (ii) wildlife-associated recreation projects; and (iii) wildlife conservation education projects pursuant to programs under section 8(a); and (C) provisions to ensure public participation in the development, revision, and implementation of projects and programs required under this paragraph. (D) Wildlife conservation strategy.--Within five years of the date of the initial apportionment, develop and begin implementation of a wildlife conservation strategy based upon the best available and appropriate scientific information and data that-- (i) uses such information on the distribution and abundance of species of wildlife, including low population and declining species as the State fish and wildlife department deems appropriate, that are indicative of the diversity and health of wildlife of the State; (ii) identifies the extent and condition of wildlife habitats and community types essential to conservation of species identified under paragraph (1); (iii) identifies the problems which may adversely affect the species identified under paragraph (1) or their habitats, and provides for priority research and surveys to identify factors which may assist in restoration and more effective conservation of such species and their habitats; (iv) determines those actions which should be taken to conserve the species identified under paragraph (1) and their habitats and establishes priorities for implementing such conservation actions; (v) provides for periodic monitoring of species identified under paragraph (1) and their habitats and the effectiveness of the conservation actions determined under paragraph (4), and for adapting conservation actions as appropriate to respond to new information or changing conditions; (vi) provides for the review of the State wildlife conservation strategy and, if appropriate, revision at intervals of not more than ten years; (vii) provides for coordination to the extent feasible the State fish and wildlife department, during the development, implementation, review, and revision of the wildlife conservation strategy, with Federal, State, and local agencies and Indian tribes that manage significant areas of land or water within the State, or administer programs that significantly affect the conservation of species identified under paragraph (1) or their habitats. (2) A State shall provide an opportunity for public participation in the development of the comprehensive plan required under paragraph (1). (3) If the Secretary finds that the comprehensive plan submitted by a State complies with paragraph (1), the Secretary shall approve the wildlife conservation and restoration program of the State and set aside from the apportionment to the State made pursuant to subsection (c) an amount that shall not exceed 75 percent of the estimated cost of developing and implementing the program. (4)(A) Except as provided in subparagraph (B), after the Secretary approves a State's wildlife conservation and restoration program, the Secretary may make payments on a project that is a segment of the State's wildlife conservation and restoration program as the project progresses. Such payments, including previous payments on the project, if any, shall not be more than the United States pro rata share of such project. The Secretary, under such regulations as he may prescribe, may advance funds representing the United States pro rata share of a project that is a segment of a wildlife conservation and restoration program, including funds to develop such program. (B) Not more than 10 percent of the amounts apportioned to each State under this section for a State's wildlife conservation and restoration program may be used for wildlife-associated recreation. (5) For purposes of this subsection, the term ``State'' shall include the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. * * * * * * * Sec. 6. (a)(1) Any State desiring to avail itself of the benefits of this Act shall, by its State fish and game department, submit programs or projects for wildlife restoration in either of the following two ways: [(1)] (A) The State shall prepare and submit to the Secretary of the Interior a comprehensive fish and wildlife resource management plan which shall insure the perpetuation of these resources for the economic, scientific, and recreational enrichment of the people. Such plan shall be for a period of not less than five years and be based on projections of desires and needs of the people for a period of not less than fifteen years. It shall include provisions for updating at intervals of not more than three years and be provided in a format as may be required by the Secretary of the Interior. If the Secretary of the Interior finds that such plans conform to standards established by him and approves such plans, he may finance up to 75 per centum of the cost of implementing segments of those plans meeting the purposes of this Act from funds apportioned under this Act upon this approval of an annual agreement submitted to him. [(2)] (B) A State may elect to avail itself of the benefits of this Act by its State fish and game department submitting to the Secretary of the Interior full and detailed statements of any wildlife- restoration project proposed for that State. If the Secretary of the Interior finds that such project meets with the standards set by him and approves said project, the State fish and game department shall furnish to him such surveys, plans, specifications, and estimates therefor as he may require. If the Secretary of the Interior approves the plans, specifications, and estimates for the project, he shall notify the State fish and game department and immediately set aside so much of said fund as represents the share of the United States payable under this Act on account of such project, which sum so set aside shall not exceed 75 per centum of the total estimated cost thereof. (2) The Secretary of the Interior shall approve only such comprehensive plans or projects as may be substantial in character and design and the expenditure of funds hereby authorized shall be applied only to such approved comprehensive wildlife plans or projects and if otherwise applied they shall be replaced by the State before it may participate in any further apportionment under this Act. No payment of any money apportioned under this Act shall be made on any comprehensive wildlife plan or project until an agreement to participate therein shall have been submitted to and approved by the Secretary of the Interior. (b) If the State elects to avail itself of the benefits of this Act by preparing a comprehensive fish and wildlife plan under [option (1) of subsection (a) of this section,] subsection (a)(1)(A), then the term ``project'' may be defined for the purposes of this Act as a wildlife program, all other definitions notwithstanding. (c) Administrative costs in the form of overhead or indirect costs for services provided by State central service activities outside of the State agency having primary jurisdiction over the wildlife resources of the State which may be charged against programs or projects supported by the fund established by section 3 of this Act shall not exceed in any one fiscal year 3 per centum of the annual apportionment to the State. * * * * * * * Sec. 8A. The Secretary of the Interior is authorized to cooperate with the Secretary of Agriculture of Puerto Rico, the Governor of Guam, the Governor of American Samoa, the Governor of the Commonwealth of the Northern Mariana Islands, and the Governor of the Virgin Islands, in the conduct of wildlife- restoration projects, as defined in section 2 of this Act, and hunter safety programs as provided by section 8(b) of this Act, upon such terms and conditions as he shall deem fair, just, and equitable, and is authorized to apportion to Puerto Rico, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and the Virgin Islands, out of the money available for apportionment under this Act, such sums [as he shall determine, not exceeding for Puerto Rico one-half of 1 per centum, for Guam one-sixth of 1 per centum, for American Samoa one-sixth of one per centum, and for the Commonwealth of the Northern Mariana Islands one-sixth of 1 per centum, and for the Virgin Islands one-sixth of 1 per centum of the total amount apportioned, in any one year,] as the Secretary shall determine for each year, but the Secretary shall in no event require any of said cooperating agencies to pay an amount which will exceed 25 per centum of the cost of any project. Any unexpended or unobligated balance of any apportionment made pursuant to this section shall be available for expenditure in Puerto Rico, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, or the Virgin Islands, as the case may be, in the succeeding year, on any approved project, and if unexpended or unobligated at the end of such year is authorized to be made available for expenditure by the Secretary of the Interior in carrying out the provisions of the Migratory Bird Conservation Act. * * * * * * * Sec. 12. The [Secretary of Agriculture] Secretary of the Interior is authorized to make rules and regulations for carrying out the provisions of this Act. * * * * * * * ---------- DINGELL-JOHNSON SPORT FISH RESTORATION ACT * * * * * * * Sec. 4. (a) In General.--For each fiscal year through fiscal year 2021, the balance of each annual appropriation made in accordance with the provisions of section 3 remaining after the distributions for administrative expenses and other purposes under subsection (b) and for activities under section 14(e) shall be distributed as follows: (1) Coastal wetlands.--An amount equal to 18.673 percent to the Secretary of the Interior for distribution as provided in the Coastal Wetlands Planning, [Protection,] Protection and Restoration Act (16 U.S.C. 3951 et seq.). (2) Boating safety.--An amount equal to 17.315 percent to the Secretary of the department in which the Coast Guard is operating for State recreational boating safety programs under section 13107 of title 46, United States Code. (3) Boating infrastructure improvement.-- (A) In general.--An amount equal to 4 percent to the Secretary of the Interior for qualified projects under section 5604(c) of the Clean Vessel Act of 1992 (33 U.S.C. 1322 note) and section 7404(d) of the Sportfishing and Boating Safety Act of 1998 (16 U.S.C. 777g-1(d)). (B) Limitation.--Not more than 75 percent of the amount under subparagraph (A) shall be available for projects under either of the sections referred to in subparagraph (A). (4) National outreach and communications.--An amount equal to 2.0 percent to the Secretary of the Interior for the National Outreach and Communications Program under section 8(d) of this Act. Such amounts shall remain available for 3 fiscal years, after which any portion thereof that is unobligated by the Secretary for that program may be expended by the Secretary under subsection (c) of this section. (b) Set-Aside for Expenses for Administration of the Dingell- Johnson Sport Fish Restoration Act.-- (1) In general.-- (A) Set-aside for administration.--From the annual appropriation made in accordance with section 3, for each fiscal year through fiscal year 2021, the Secretary of the Interior may use no more than the amount specified in subparagraph (B) for the fiscal year for expenses for administration incurred in the implementation of this Act, in accordance with this section and section 9. The amount specified in subparagraph (B) for a fiscal year may not be included in the amount of the annual appropriation distributed under subsection (a) for the fiscal year. (B) Available amounts.--The available amount referred to in subparagraph (A) is-- (i) for each of fiscal years 2001 and 2002, $9,000,000; (ii) for fiscal year 2003, $8,212,000; and (iii) for fiscal year 2004 and each fiscal 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) Set-aside for coast guard administration.-- (A) In general.--From the annual appropriation made in accordance with section 3, for each of fiscal years 2016 through 2021, the Secretary of the department in which the Coast Guard is operating may use no more than the amount specified in subparagraph (B) for the fiscal year for the purposes set forth in section 13107(c) of title 46, United States Code. The amount specified in subparagraph (B) for a fiscal year may not be included in the amount of the annual appropriation distributed under subsection (a) for the fiscal year. (B) Available amounts.--The available amount referred to in subparagraph (A) is-- (i) for fiscal year 2016, $7,700,000; and (ii) for fiscal year 2017 and each fiscal 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. (3) Period of availability; apportionment of unobligated amounts.-- (A) Period of availability.--For each fiscal year, the available amount under paragraph (1) shall remain available for obligation for use under that paragraph until the end of the subsequent 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 remains 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 (c) for the fiscal year. (c)(1) The Secretary, after the distribution, transfer, use and deduction under subsection (b), and after deducting amounts used for activities under section 14(e), shall apportion 58.012 percent of the balance of each such annual appropriation among the several States in the following manner: 40 percent in the ratio which the area of each State including coastal and Great Lakes waters (as determined by the Secretary of the Interior) bears to the total area of all the States, and 60 percent in the ratio which the number of persons holding paid licenses to fish for sport or recreation in the State in the second fiscal year preceding the fiscal year for which such apportionment is made, as certified to said Secretary by the State fish and game departments, bears to the number of such persons in all the States. Such apportionments shall be adjusted equitably so that no State shall receive less than 1 percent nor more than 5 percent of the total amount apportioned. Where the apportionment to any State under this section is less than $4,500 annually, the Secretary of the Interior may allocate not more than $4,500 of said appropriation to said State to carry out the purposes of this Act when said State certifies to the Secretary of the Interior that it has set aside not less than $1,500 from its fish-and-game funds or has made, through its legislature, an appropriation in this amount for said purposes. (2) The Secretary shall deduct from the amount to be apportioned under paragraph (1) the amounts used for grants under section 14(a). (d) So much of any sum not allocated under the provisions of this section for any fiscal year is hereby authorized to be made available for expenditure to carry out the purposes of this Act until the close of the succeeding fiscal year. The term fiscal year as used in this section shall be a period of twelve consecutive months from October 1 through the succeeding September 30, except that the period for enumeration of persons holding licenses to fish shall be a State's fiscal or license year. (e) Expenses for Administration of Certain Programs.-- (1) In general.--For each fiscal year, of the amounts appropriated under section 3, the Secretary of the Interior shall use only funds authorized for use under paragraphs (1), (3), (4), and (5) of subsection (a) to pay the expenses for administration incurred in carrying out the provisions of law referred to in those paragraphs, respectively. (2) Maximum amount.--For each fiscal year, the Secretary of the Interior may use not more than $900,000 in accordance with paragraph (1). (f) Transfer of Certain Funds.--Amounts available under paragraphs (3) and (4) of subsection (a) that are unobligated by the Secretary of the Interior after 3 fiscal years shall be transferred to the Secretary of the department in which the Coast Guard is operating and shall be expended for State recreational boating safety programs under section 13107(a) of title 46, United States Code. * * * * * * * Sec. 12. The Secretary of the Interior is authorized to cooperate with the Secretary of Agriculture of Puerto Rico, the Mayor of the District of Columbia, the Governor of Guam, the Governor of American Samoa, the Governor of the Commonwealth of the Northern Mariana Islands, and the Governor of the Virgin Islands, in the conduct of fish restoration and management projects as defined in section 2 of this Act, upon such terms and conditions as he shall deem fair, just, and equitable, and is authorized to apportion to Puerto Rico, the District of Columbia, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and the Virgin Islands, out of money available for apportionment under this Act, such sums [as he shall determine, not exceeding for Puerto Rico 1 per centum, for the District of Columbia one-third of 1 per centum, for Guam one-third of 1 per centum, for American Samoa one-third of 1 per centum, for the Commonwealth of the Northern Mariana Islands one-third of 1 per centum, and for the Virgin Islands one-third of 1 per centum of the total amount apportioned in any one year, but the Secretary] as the Secretary shall determine, except the Secretary shall in no event require any of said cooperating agencies to pay an amount which will exceed 25 per centum of the cost of any project. Any unexpended or unobligated balance of any apportionment made pursuant to this section shall be made available for expenditure in Puerto Rico, the District of Columbia, Guam, the Commonwealth of the Northern Mariana Islands, or the Virgin Islands, as the case may be, in the succeeding year, on any approved projects, and if unexpended or unobligated at the end of such year is authorized to be made available for expenditure by the Secretary of the Interior to supplement the 58.012 percent of the balance of each annual appropriation to be apportioned among the States under section 4(c) of this Act. * * * * * * * ---------- SECTION 111 OF PUBLIC LAW 101-593 AN ACT To direct the Secretary of the Interior to convey all interest of the United States in a fish hatchery to the State of South Carolina, and for other purposes. SEC. 111. NEW ENGLAND FISHERY RESOURCES RESTORATION ACT OF 1990. (a) Short title.--This section may be cited as the ``New England Fishery Resources Restoration Act of 1990''. (b) Purposes.--The purposes of this section are to-- (1) ensure timely and effective implementation of restoration plans and programs for Atlantic salmon and other fishery resources of selected river systems in New England; (2) complete a study of fish passage impediments and requirements on small streams and rivers in New England; and (3) develop an inventory of important fish and wildlife habitat and other natural areas of river basins in New England. (c) Implementation of Fishery Resource Restoration Plans.-- The Director of the United States Fish and Wildlife Service, hereinafter referred to as the Director, in consultation with the Assistant Administrator for Fisheries of the National Oceanic and Atmospheric Administration shall formulate, establish and implement programs to restore and maintain nationally significant, interjurisdictional fishery resources originating in New England river systems, including the Connecticut, Thames, Pawcatuck, Merrimack, Saco, Androscoggin, Kennebec, Sheepscot, Duck Trap, St. George, Penobscot, Union, Narraguagus, Pleasant, Machias, Dennys, St. Croix, Meduxnekeag and Aroostock and their tributaries. These programs shall be in accordance with the schedule and responsibilities established in comprehensive basin-wide restoration plans prepared by the Director in cooperation with State, local, and other entities involved and interested in the conservation and management of the affected fishery resources. Preparation and perioc revision of restoration plans, and their implementation, shall be based on a Memorandum of Agreement for each restoration program which shall be entered into by the Director and cooperating entities. The Director shall prepare and submit to the House Committee on Merchant Marine and Fisheries and the Senate Committee on Environment and Public Works an annual report documenting activities undertaken and accomplishments achieved in fulfillment of this section, including an assessment of the prognosis for restoration of each of the stocks and species involved. (d) Fish Passage Study.--The Director shall conduct a study to identify impediments to upstream and downstream passage of fish in rivers and streams in the New England States due to dams that are not licensed by the Federal Energy Regulatory Commission or other human-caused obstructions. In addition, the study shall identify actions needed to alleviate those impediments where desirable and feasible. The study shall include, but not be limited to, identifying-- (1) all dams not licensed by the Federal Energy Regulatory Commission and other human-caused obstructions on New England rivers and streams where construction of upstream or downstream fish passage facilities or their removal would benefit fishery resources, including an estimate of the degree of benefits expected; and (2) the proposed nature and size and estimated cost of appropriate fish passage facilities or other actions determined to be necessary and feasible or each dam or other obstruction identified in response to paragraph (1). The Director shall provide notice to the public of the extent and nature of the study by publication of such information in major newspapers in the region and by other appropriate means. Within three years of November 16, 1990, the Director shall submit a report containing the findings, conclusions and recommendations of the study to the House Committee on Merchant Marine and Fisheries and the Senate Committee on Environment and Public Works. (e) New England Rivers Fish and Wildlife Inventory.--The Director shall inventory the natural values of river basins in New England, including the Connecticut, Pawcatuck, Acushnet, North and South (in Plymouth County, Massachusetts), Charles, Merrimack, Saco, Androscoggin, Kennebec, Penobscot, Union, St. Croix, and Aroostock Rivers and their tributaries, and identify fish and wildlife habitat in most need of protection or where public access to the rivers should be provided. In addition, the Director shall, in cooperation with appropriate State agencies and local governments and after providing notice and opportunity for public comment, identify appropriate public or private measures for providing the necessary protection or access for each area included in the inventory. Within two years of November 16, 1990, the Director shall submit a report containing the findings, conclusions, and recommendations of the inventory and assessment to the House Committee on Merchant Marine and Fisheries and the Senate Committee on Environment and Public Works. (f) Authorization of Appropriations.--There are authorized to be appropriated to the Director-- (1) $5,000,000 per year for fiscal years 1991, 1992, 1993, 1994, and 1995 to implement fishery resource restoration plans and programs, except for activities related to the design and construction of fish passage facilities, as directed by subsection (c); (2) $500,000 per year for fiscal years 1991, 1992, and 1993 to conduct the study required under subsection (d); and (3) $500,000 to conduct the inventory and assessment required under [section] subsection (e). ---------- SECTION 7404 OF PUBLIC LAW 105-178 AN ACT To authorize funds for Federal-aid highways, highway safety programs, and transit programs, and for other purposes. SEC. 7404. BOATING INFRASTRUCTURE. (a) Purpose.--The purpose of this section is to provide funds to States for the development and maintenance of facilities for transient nontrailerable recreational vessels. (b) Survey.--Section 8 of the 1950 Act (16 U.S.C. 777g), as amended by section 7402, is amended by adding at the end thereof the following: ``(g) Surveys.-- ``(1) National framework.--Within 6 months after the date of enactment of the Sportfishing and Boating Safety Act of 1998, the Secretary, in consultation with the States, shall adopt a national framework for a public boat access needs assessment which may be used by States to conduct surveys to determine the adequacy, number, location, and quality of facilities providing access to recreational waters for all sizes of recreational boats. ``(2) State surveys.--Within 18 months after such date of enactment, each State that agrees to conduct a public boat access needs survey following the recommended national framework shall report its findings to the Secretary for use in the development of a comprehensive national assessment of recreational boat access needs and facilities. ``(3) Exception.--Paragraph (2) does not apply to a State if, within 18 months after such date of enactment, the Secretary certifies that the State has developed and is implementing a plan that ensures there are and will be public boat access adequate to meet the needs of recreational boaters on its waters. ``(4) Funding.--A State that conducts a public boat access needs survey under paragraph (2) may fund the costs of conducting that assessment out of amounts allocated to it as funding dedicated to motorboat access to recreational waters under subsection (b)(1) of this section.''. (c) Plan.--Within 6 months after submitting a survey to the Secretary under section 8(g) of the Act entitled ``An Act to provide that the United States shall aid the States in fish restoration and management projects, and for other purposes,'' approved August 9, 1950 (16 U.S.C. 777g(g)), as added by subsection (b) of this section, a State may develop and submit to the Secretary a plan for the construction, renovation, and maintenance of facilities for transient nontrailerable recreational vessels, and access to those facilities, to meet the needs of nontrailerable recreational vessels operating on navigable waters in the State. (d) Grant Program.-- (1) Matching grants.--The Secretary of the Interior shall obligate amounts made available under [section 4(a)(4)] section 4(a)(3)(A) of the Dingell-Johnson Sport Fish Restoration Act to make grants to any State to pay not more than 75 percent of the cost to a State of constructing, renovating, or maintaining facilities for transient nontrailerable recreational vessels. (2) Priorities.--In awarding grants under paragraph (1), the Secretary shall give priority to projects that-- (A) consist of the construction, renovation, or maintenance of facilities for transient nontrailerable recreational vessels in accordance with a plan submitted by a State under subsection (c); (B) provide for public/private partnership efforts to develop, maintain, and operate facilities for transient nontrailerable recreational vessels; and (C) propose innovative ways to increase the availability of facilities for transient nontrailerable recreational vessels. (e) Definitions.--For purposes of this section, the term-- (1) ``nontrailerable recreational vessel'' means a recreational vessel 26 feet in length or longer-- (A) operated primarily for pleasure; or (B) leased, rented, or chartered to another for the latter's pleasure; (2) ``facilities for transient nontrailerable recreational vessels'' includes mooring buoys, day- docks, navigational aids, seasonal slips, safe harbors, or similar structures located on navigable waters, that are available to the general public (as determined by the Secretary of the Interior) and designed for temporary use by nontrailerable recreational vessels; and (3) ``State'' means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, and the Commonwealth of the Northern Mariana Islands. [all]