[House Report 115-899]
[From the U.S. Government Publishing Office]
115th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 115-899
======================================================================
MODERNIZING THE PITTMAN-ROBERTSON FUND FOR TOMORROW'S NEEDS ACT
_______
August 14, 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. 2591]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 2591) to amend the Pittman-Robertson Wildlife
Restoration Act to modernize the funding of wildlife
conservation, and for other purposes, having considered the
same, report favorably thereon with an amendment and recommend
that the bill as amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Modernizing the Pittman-Robertson Fund
for Tomorrow's Needs Act''.
SEC. 2. PURPOSE.
The first section of the Pittman-Robertson Wildlife Restoration Act
(16 U.S.C. 669) is amended by adding at the end the following: ``One of
the purposes of this Act is to provide financial and technical
assistance to the States for the promotion of hunting and recreational
shooting.''.
SEC. 3. DEFINITIONS.
Section 2 of the Pittman-Robertson Wildlife Restoration Act (16
U.S.C. 669a) is amended--
(1) by redesignating paragraphs (2) through (8) as paragraphs
(4) through (10), respectively; and
(2) by inserting after paragraph (1) the following:
``(2) for the purposes of determining the number of paid
hunting-license holders in a State, the term `fiscal year'
means the fiscal year or license year of the State;
``(3) the term `hunter recruitment and recreational shooter
recruitment' means any activity or project to recruit or retain
hunters and recreational shooters, including by--
``(A) using social media, marketing, advertising,
surveying, television spots, print, and media;
``(B) providing education, mentoring, and field
demonstrations;
``(C) enhancing access for hunting and recreational
shooting, including through range construction;
``(D) providing education to the public about the
role of hunting and recreational shooting in funding
wildlife conservation; and
``(E) using any other means to ensure the growth of
hunting and recreational shooting, as determined by the
Secretary;''.
SEC. 4. ALLOCATION AND APPORTIONMENT OF AVAILABLE AMOUNTS.
(a) Apportionment to States.--Section 4(b) of the Pittman-Robertson
Wildlife Restoration Act (16 U.S.C. 669c(b)) is amended--
(1) in the first sentence, by striking ``The Secretary of the
Interior'' and inserting the following:
``(1) In general.--The Secretary'';
(2) in the second sentence, by striking ``Such
apportionments'' and inserting the following:
``(2) Adjustments.--The apportionments under paragraph (1)'';
(3) by striking the third sentence; and
(4) by adding at the end the following:
``(3) Use of funds.--
``(A) In general.--Subject to subparagraph (B),
amounts apportioned under this subsection may be used
for hunter recruitment and recreational shooter
recruitment.
``(B) Limitation.--A State may make an expenditure
under subparagraph (A) only if the amount of the
expenditure during the fiscal year in which the
expenditure is made plus the amount of the expenditures
for hunter recruitment and recreational shooter
recruitment made during the 4 fiscal years preceding
that fiscal year is not greater than 25 percent of the
total amount apportioned to the State under this
subsection during that 5-fiscal-year period.''.
(b) Apportionment of Certain Taxes.--The first subsection (c) of
section 4 of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C.
669c) is amended--
(1) by inserting ``Apportionment of Revenues From Pistols,
Revolvers, Bows, and Arrows.--'' after the enumerator;
(2) by striking ``One-half'' and inserting the following:
``(1) In general.--Subject to paragraph (2), \1/2\'';
(3) by striking ``: Provided, That'' and inserting a period;
(4) by striking ``each State shall be apportioned not more
than 3 per centum and not less than 1 per centum of such
revenues'' and inserting the following:
``(2) Condition.--The amount apportioned to each State under
paragraph (1) shall be not greater than 3 percent and not less
than 1 percent of the revenues described in such paragraph'';
(5) by striking ``For the purpose'' and inserting the
following:
``(3) Population determination.--For the purpose''; and
(6) by adding at the end the following:
``(4) Use of funds.--In addition to other uses authorized
under this Act, amounts apportioned under this subsection may
be used for hunter recruitment and recreational shooter
recruitment.''.
(c) Technical Correction.--Section 4 of the Pittman-Robertson
Wildlife Restoration Act (16 U.S.C. 669c) is amended by redesignating
the second subsection (c) and subsection (d) as subsections (d) and
(e), respectively.
SEC. 5. EXPENDITURES FOR MANAGEMENT OF WILDLIFE AREAS AND RESOURCES.
Section 8 of the Pittman-Robertson Wildlife Restoration Act (16
U.S.C. 669g) is amended--
(1) in subsection (a), in the third sentence, by striking
``and public relations''; and
(2) in subsection (b), in the first sentence, by striking ``,
as a part of such program''.
SEC. 6. FIREARM AND BOW HUNTER EDUCATION AND SAFETY PROGRAM GRANTS.
Section 10(a)(1)(A) of the Pittman-Robertson Wildlife Restoration Act
(16 U.S.C. 669h-1(a)(1)(A)) is amended--
(1) in clause (iii), by striking ``and'' at the end; and
(2) by adding at the end the following:
``(v) the enhancement of hunter recruitment
and recreational shooter recruitment; and''.
SEC. 7. MULTISTATE CONSERVATION GRANT PROGRAM.
Section 11 of the Pittman-Robertson Wildlife Restoration Act (16
U.S.C. 669h-2) is amended--
(1) in subsection (a)(1)--
(A) by striking ``Not more than'' and inserting the
following:
``(A) In general.--Not more than''; and
(B) by adding at the end the following:
``(B) Availability for hunter and recreational
shooter grants.--Not more than $5,000,000 of the
revenues covered into the fund from any tax imposed
under section 4161(b) of the Internal Revenue Code of
1986 for a fiscal year shall be available to the
Secretary exclusively for making hunter recruitment and
recreational shooter recruitment grants that promote a
national hunting and shooting sport recruitment
program, including related communication and outreach
activities.'';
(2) in the matter preceding subsection (b)(3)(A), by striking
``International'';
(3) in the matter preceding subsection (c)(2)(A)(i), by
striking ``International'';
(4) in subsection (c)(2)(A)(i), by inserting ``or to
recreational shooting activities'' after ``wildlife''; and
(5) in subsection (d), by inserting ``or to recreational
shooting activities'' after ``wildlife''.
Purpose of the Bill
The purpose of H.R. 2591 is to amend the Pittman-Robertson
Wildlife Restoration Act to modernize the funding of wildlife
conservation.
Background and Need for Legislation
The Pittman-Robertson Act\1\ (16 U.S.C. 669 et seq.) uses
federal excise taxes on firearms, ammunition, and archery
equipment to fund grants to State and U.S. territory fish and
wildlife agencies for wildlife resource projects, and to
conduct hunter education programs. The excise tax, collected by
the manufacturer, is set at 10% of the wholesale price for
pistols and revolvers, and 11% for other firearms and shells or
cartridges. An 11% tax on archery equipment is also deposited
into the fund established by the Pittman-Robertson Act. The tax
is applied whether the equipment is likely to be used for
hunting or not. Total apportionments to the States and
territories were $797,160,652 in Fiscal Year 2018, $780,031,696
in Fiscal Year 2017 and $695,141,699 in Fiscal Year 2016.\2\
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\1\Formally the Federal Aid in Wildlife Restoration Act of 1937 (50
Stat. 917).
\2\United States Fish and Wildlife Service Certificates of
Apportionment for Fiscal Years 2016, 2017, and 2018.
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Prior to passage of the Pittman-Robertson Act, many species
of wildlife were driven to, or near extinction by commercial
market hunting pressure and habitat degradation.\3\ The taxes
paid by hunters and recreational shooters provide funds that
support the management of wildlife populations and their
habitats for both game and non-game animals. 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 by
State fish and wildlife agencies.
---------------------------------------------------------------------------
\3\Bolen, Eric (2003). Wildlife Ecology and Management. New Jersey:
Prentice Hall. Pp. Chapter.
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Increasing urbanization and suburbanization has made it
more difficult for the public to participate in hunting and
recreational shooting than when the Pittman-Robertson Act was
first enacted in 1937. In an effort to recruit more hunters and
ensure continued funding for wildlife conservation, H.R. 2591
would clarify that one of the purposes of the Pittman-Robertson
Act is to extend financial and technical assistance to the
States for the promotion of hunting and recreational shooting.
The legislation would expand the definitions section of the
Pittman-Robertson Act to include a definition of ``hunter
recruitment and recreational shooter recruitment'' activities
and projects, and to make clear that Pittman-Robertson Act
funds may be used for hunter and recreational shooter
recruitment.
H.R. 2591 also seeks to ensure that traditional wildlife
conservation remains the primary focus of these funds. The
legislation would put a cap (25%) on what can be spent on
hunter and recreational shooter recruitment. The bill would
also clarify, by removing an existing prohibition on ``public
relations,'' that State spending for management of wildlife
areas and resources may include spending for the promotion of
hunting and recreational shooting. The legislation would
clarify that the construction, operation, and maintenance of
public target ranges under Basic Hunter Education funding is
not restricted to ranges that include hunter safety programs.
Finally, the legislation would expand the Multistate
Conservation Grant program (Section 11 of the Pittman-Robertson
Act) by providing for an additional $5 million per year (from
archery-related excise tax collections) to be used for making
hunter and recreational shooter recruitment project grants that
promote a national hunting and shooting sport recruitment
program, related communications, and outreach activities.
Senator James E. Risch (R-ID) introduced a companion bill,
S. 1613. H.R. 2591 also contains target shooting range
expansion language similar to H.R. 788, the Target Practice and
Marksmanship Training Support Act, introduced by Congressman
Duncan D. Hunter (R-CA). This text was included as Title II of
H.R. 3668, the Sportsmen's Heritage and Recreational
Enhancement Act.
Committee Action
H.R. 2591 was introduced on May 22, 2017, by Congressman
Austin Scott (R-GA). The bill was referred to the Committee on
Natural Resources, and within the Committee to the Subcommittee
on Federal Lands. On February 15, 2018, the Subcommittee held a
hearing on the legislation. On May 8, 2018, the Natural
Resources Committee met to consider the bill. The Subcommittee
was discharged by unanimous consent. Congressman Rob Bishop (R-
UT) offered an amendment designated #1; it was adopted by
unanimous consent. No further amendments were offered, and the
bill, as amended, 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 8, 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. 2591, the
Modernizing the Pittman-Robertson Fund for Tomorrow's Needs
Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Janani
Shankaran.
Sincerely,
Mark P. Hadley
(For Keith Hall, Director).
Enclosure.
H.R. 2591--Modernizing the Pittman-Robertson Fund for Tomorrow's Needs
Act
H.R. 2591 would allow states to use grants awarded under
the Pittman-Robertson Wildlife Restoration Act to promote
hunting and recreational shooting. The bill also would
authorize the U.S. Fish and Wildlife Service (USFWS), which
administers Pittman-Robertson funds, to award up to $5 million
annually under its existing multistate conservation grant
program to promote a national recruitment program for hunting
and sport shooting.
Using information from the USFWS, CBO expects that enacting
H.R. 2591 would not affect the timing or total amount of grants
awarded (those grants are recorded in the budget as direct
spending). CBO estimates that the USFWS could incur additional
administrative costs to implement changes to the multistate
conservation grant program. Based on the costs of similar
activities, CBO estimates that enacting H.R. 2591 would cost
less than $500,000; such spending would be subject to the
availability of appropriated funds.
Enacting H.R. 2591 would not affect direct spending or
revenues; therefore, pay-as-you-go procedures do not apply.
CBO estimates that enacting H.R. 2591 would not increase
net direct spending or on-budget deficits in any of the four
consecutive 10-year periods beginning in 2029.
H.R. 2591 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 to modernize the funding of wildlife
conservation.
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 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. One of the purposes of this Act is to provide
financial and technical assistance to the States for the
promotion of hunting and recreational shooting.
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) for the purposes of determining the number of
paid hunting-license holders in a State, the term
``fiscal year'' means the fiscal year or license year
of the State;
(3) the term ``hunter recruitment and recreational
shooter recruitment'' means any activity or project to
recruit or retain hunters and recreational shooters,
including by--
(A) using social media, marketing,
advertising, surveying, television spots,
print, and media;
(B) providing education, mentoring, and field
demonstrations;
(C) enhancing access for hunting and
recreational shooting, including through range
construction;
(D) providing education to the public about
the role of hunting and recreational shooting
in funding wildlife conservation; and
(E) using any other means to ensure the
growth of hunting and recreational shooting, as
determined by the Secretary;
[(2)] (4) the term ``Secretary'' means the Secretary
of the Interior;
[(3)] (5) 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)] (6) 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)] (7) 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)] (8) 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), 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)] (9) the term ``wildlife conservation
education'' means projects, including public outreach,
intended to foster responsible natural resource
stewardship; and
[(8)] (10) 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. 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]
(1) In general._The Secretary, 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]
(2) Adjustments._The apportionments under paragraph
(1) 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.]
(3) Use of funds.--
(A) In general.--Subject to subparagraph (B),
amounts apportioned under this subsection may
be used for hunter recruitment and recreational
shooter recruitment.
(B) Limitation.--A State may make an
expenditure under subparagraph (A) only if the
amount of the expenditure during the fiscal
year in which the expenditure is made plus the
amount of the expenditures for hunter
recruitment and recreational shooter
recruitment made during the 4 fiscal years
preceding that fiscal year is not greater than
25 percent of the total amount apportioned to
the State under this subsection during that 5-
fiscal-year period.
(c) [One-half]
(1) In general.--Subject to paragraph (2), \1/2\ 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].
(2) Condition.--The amount apportioned to each State
under paragraph (1) shall be not greater than 3 percent
and not less than 1 percent of the revenues described
in such paragraph 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. [For the purpose]
(3) Population determination.--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.
(4) Use of funds.--In addition to other uses
authorized under this Act, amounts apportioned under
this subsection may be used for hunter recruitment and
recreational shooter recruitment.
[(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.
(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 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 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. 8. (a) Maintenance of wildlife-restoration projects
established under the provisions of this Act shall be the duty
of the State in accordance with their respective laws.
Beginning July 1, 1945, the term ``wildlife-restoration
project'', as defined in section 2 of this Act, shall include
maintenance of completed projects. Notwithstanding any other
provisions of this Act, funds apportioned to a State under this
Act may be expended by the State for management (exclusive of
law enforcement [and public relations]) of wildlife areas and
resources. Funds from the Wildlife Conservation and Restoration
Account may be used for a wildlife conservation education
program, except that no such funds may be used for education
efforts, projects, or programs that promote or encourage
opposition to the regulated taking of wildlife.
(b) Each State may use the funds apportioned to it under
section 4(c) to pay up to 75 per centum of the costs of a
hunter safety program and the construction, operation, and
maintenance of public target ranges[, as a part of such
program]. The non-Federal share of such costs may be derived
from license fees paid by hunters, but not from other Federal
grant programs. The Secretary shall issue not later than the
120th day after the effective date of this subsection such
regulations as he deems advisable relative to the criteria for
the establishment of hunter safety programs and public target
ranges under this subsection.
* * * * * * *
SEC. 10. FIREARM AND BOW HUNTER EDUCATION AND SAFETY PROGRAM GRANTS.
(a) In General.--
(1) Grants.--Of the revenues covered into the fund,
$7,500,000 for each of fiscal years 2001 and 2002, and
$8,000,000 for fiscal year 2003 and each fiscal year
thereafter, shall be apportioned among the States in
the manner specified in section 4(c) by the Secretary
of the Interior and used to make grants to the States
to be used for--
(A) in the case of a State that has not used
all of the funds apportioned to the State under
section 4(c) for the fiscal year in the manner
described in section 8(b)--
(i) the enhancement of hunter
education programs, hunter and sporting
firearm safety programs, and hunter
development programs;
(ii) the enhancement of interstate
coordination and development of hunter
education and shooting range programs;
(iii) the enhancement of bow hunter
and archery education, safety, and
development programs; [and]
(iv) the enhancement of construction
or development of firearm shooting
ranges and archery ranges, and the
updating of safety features of firearm
shooting ranges and archery ranges; and
(v) the enhancement of hunter
recruitment and recreational shooter
recruitment; and
(B) in the case of a State that has used all
of the funds apportioned to the State under
section 4(c) for the fiscal year in the manner
described in section 8(b), any use authorized
by this Act (including hunter safety programs
and the construction, operation, and
maintenance of public target ranges).
(2) Limitation on use.--Under paragraph (1), a State
shall not be required to use more than the amount
described in section 8(b) for hunter safety programs
and the construction, operation, and maintenance of
public target ranges.
(b) Cost Sharing.--The Federal share of the cost of any
activity carried out with a grant under this section shall not
exceed 75 percent of the total cost of the activity.
(c) Period of Availability; Reapportionment.--
(1) Period of availability.--Amounts made available
and apportioned for grants under this section shall
remain available only for the fiscal year for which the
amounts are apportioned.
(2) Reapportionment.--At the end of the period of
availability under paragraph (1), the Secretary of the
Interior shall apportion amounts made available that
have not been used to make grants under this section
among the States described in subsection (a)(1)(B) for
use by those States in accordance with this Act.
SEC. 11. MULTISTATE CONSERVATION GRANT PROGRAM.
(a) In General.--
(1) Amount for grants.--[Not more than]
(A) In general._Not more than $3,000,000 of
the revenues covered into the fund for a fiscal
year shall be available to the Secretary of the
Interior for making multistate conservation
project grants in accordance with this section.
(B) Availability for hunter and recreational
shooter grants.--Not more than $5,000,000 of
the revenues covered into the fund from any tax
imposed under section 4161(b) of the Internal
Revenue Code of 1986 for a fiscal year shall be
available to the Secretary exclusively for
making hunter recruitment and recreational
shooter recruitment grants that promote a
national hunting and shooting sport recruitment
program, including related communication and
outreach activities.
(2) Period of availability; apportionment.--
(A) Period of availability.--Amounts made
available under paragraph (1) shall remain
available for making grants only for the first
fiscal year for which the amount is made
available and the following fiscal year.
(B) Apportionment.--At the end of the period
of availability under subparagraph (A), the
Secretary of the Interior shall apportion any
amounts that remain available among the States
in the manner specified in section 4(b) for use
by the States in the same manner as funds
apportioned under section 4(b).
(b) Selection of Projects.--
(1) States or entities to be benefited.--A project
shall not be eligible for a grant under this section
unless the project will benefit--
(A) at least 26 States;
(B) a majority of the States in a region of
the United States Fish and Wildlife Service; or
(C) a regional association of State fish and
game departments.
(2) Use of submitted priority list of projects.--The
Secretary of the Interior may make grants under this
section only for projects identified on a priority list
of wildlife restoration projects described in paragraph
(3).
(3) Priority list of projects.--A priority list
referred to in paragraph (2) is a priority list of
wildlife restoration projects that the [International]
Association of Fish and Wildlife Agencies--
(A) prepares through a committee comprised of
the heads of State fish and game departments
(or their designees), in consultation with--
(i) nongovernmental organizations
that represent conservation
organizations;
(ii) sportsmen organizations; and
(iii) industries that support or
promote hunting, trapping, recreational
shooting, bow hunting, or archery;
(B) approves by vote of a majority of the
heads of State fish and game departments (or
their designees); and
(C) not later than October 1 of each fiscal
year, submits to the Assistant Director for
Wildlife and Sport Fish Restoration Programs.
(4) Publication.--The Assistant Director for Wildlife
and Sport Fish Restoration Programs shall publish in
the Federal Register each priority list submitted under
paragraph (3)(C).
(c) Eligible Grantees.--
(1) In general.--The Secretary of the Interior may
make a grant under this section only to--
(A) a State or group of States;
(B) the United States Fish and Wildlife
Service, or a State or group of States, for the
purpose of carrying out the National Survey of
Fishing, Hunting, and Wildlife-Associated
Recreation; and
(C) subject to paragraph (2), a
nongovernmental organization.
(2) Nongovernmental organizations.--
(A) In general.--Any nongovernmental
organization that applies for a grant under
this section shall submit with the application
to the [International] Association of Fish and
Wildlife Agencies a certification that the
organization--
(i) will not use the grant funds to
fund, in whole or in part, any activity
of the organization that promotes or
encourages opposition to the regulated
hunting or trapping of wildlife or to
recreational shooting activities; and
(ii) will use the grant funds in
compliance with subsection (d).
(B) Penalties for certain activities.--Any
nongovernmental organization that is found to
use grant funds in violation of subparagraph
(A) shall return all funds received under this
section and be subject to any other applicable
penalties under law.
(d) Use of Grants.--A grant under this section shall not be
used, in whole or in part, for an activity, project, or program
that promotes or encourages opposition to the regulated hunting
or trapping of wildlife or to recreational shooting activities.
(e) Nonapplicability of Federal Advisory Committee Act.--The
Federal Advisory Committee Act (5 U.S.C. App.) shall not apply
to any activity carried out under this section.
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