OLD CARA HR 701
PASSED BY HOUSE 5/11/00

NEW CARA HR 701
INTRODUCED 2/14/01

SEC. 301. PURPOSES.

The purposes of this title are-- 

(1) to extend financial and technical assistance to the States under the Federal Aid to Wildlife Restoration Act for the benefit of a diverse array of wildlife and associated habitats, including species that are not hunted or fished, to fulfill unmet needs of wildlife within the States in recognition of the primary role of the States to conserve all wildlife;

  (2) to assure sound conservation policies through the development, revision, and implementation of a comprehensive wildlife conservation and restoration plan; 

(3) to encourage State fish and wildlife agencies to participate with the Federal Government, other State agencies, wildlife conservation organizations, Indian tribes, and in the case of Alaska, Alaska Native Corporations, and outdoor recreation and conservation interests through cooperative planning and implementation of this title; and 

(4) to encourage State fish and wildlife agencies to provide for public involvement in the process of development and implementation of a wildlife conservation and restoration program.

SEC. 302. DEFINITIONS.

(a) Reference to Law.--In this title, the term ``Federal Aid in Wildlife Restoration Act'' means the Act of September 2, 1937 (16 U.S.C. 669 et seq.), commonly referred to as the Federal Aid in Wildlife Restoration Act or the Pittman-Robertson Act. 

(b) Wildlife Conservation and Restoration Program.--Section 2 of the Federal Aid in Wildlife Restoration Act (16 U.S.C. 669a) is amended by inserting after ``shall be construed'' the first place it appears the following: ``to include the wildlife conservation and restoration program and''. 

(c) State Agencies.--Section 2 of the Federal Aid in Wildlife Restoration Act (16 U.S.C. 669a) is amended by inserting ``or State fish and wildlife department'' after ``State fish and game department''. 

(d) Definitions.--Section 2 of the Federal Aid in Wildlife Restoration Act (16 U.S.C. 669a) is amended by striking the period at the end thereof, substituting a semicolon, and adding the following: ``the term `conservation' shall be construed to mean 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; 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 4(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; the term `wildlife' shall be construed to mean 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; the term `wildlife-associated recreation' shall be construed to mean 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, trail heads, and access for such projects; and the term `wildlife conservation education' shall be construed to mean projects, including public outreach, intended to foster responsible natural resource stewardship.''.

SEC. 303. TREATMENT OF AMOUNTS TRANSFERRED FROM CONSERVATION AND REINVESTMENT ACT FUND.

Section 3 of the Federal Aid in Wildlife Restoration Act (16 U.S.C. 669b) is amended-- 

(1) in subsection (a) by inserting ``(1)'' after ``(a)'', and by adding at the end the following: 

``(2) There is established in the Federal aid to wildlife restoration fund a subaccount to be known as the `wildlife conservation and restoration account'. Amounts transferred to the fund for a fiscal year under section 5(b)(3) of the Conservation and Reinvestment Act of 2000 shall be deposited in the subaccount and shall be available without further appropriation, in each fiscal year, for apportionment in accordance with this Act to carry out State wildlife conservation and restoration programs.''; and 

(2) by adding at the end the following: 

``(c) Amounts transferred to the fund from the Conservation and Reinvestment Act Fund and apportioned under subsection (a)(2) 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. 

``(d)(1) Notwithstanding subsections (a) and (b) of this section, with respect to amounts transferred to the fund from the Conservation and Reinvestment Act Fund so much of such amounts as is apportioned to any State for any fiscal year and as remains unexpended at the close thereof shall remain available for expenditure in that State until the close of-- 

``(A) the fourth succeeding fiscal year, in the case of amounts transferred in any of the first 10 fiscal years beginning after the date of the enactment of the Conservation and Reinvestment Act of 2000; or

 ``(B) the second succeeding fiscal year, in the case of amounts transferred in a fiscal year beginning after the 10- fiscal year period referred to in subparagraph (A). 

``(2) Any amount apportioned to a State under this subsection that is unexpended or unobligated at the end of the period during which it is available under paragraph (1) shall be reapportioned to all States during the succeeding fiscal year.''.

SEC. 301. PURPOSE.

The purpose of this title is to ensure adequate funding of the Wildlife Conservation and Restoration Planning program established under the amendments to the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669 et seq.) enacted by H.R. 5548 as introduced in the 106th Congress and enacted, by reference, by Public Law 106-553.

SEC. 302. TECHNICAL CORRECTION.

(a) CORRECTION OF SUBSECTION DESIGNATION- Section 4 of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669c) is amended by redesignating the first subsection (c) (relating to revenues from pistols, revolvers, bows, and arrows) as subsection (e) and moving such subsection so as to appear after subsection (d) of that section.

(b) CONFORMING AMENDMENTS- Such Act is further amended--

(1) in section 4(b) (16 U.S.C. 669c(b)) by striking `subsection (c)' and inserting `subsection (e)';

(2) in section 8(b) (16 U.S.C. 669g(b)) by striking `section 4(c)' and inserting `section 4(e); and

(3) in section 10 (16 U.S.C. 669h-1) by striking `section 4(c)' each place it appears and inserting `section 4(e)'.

SEC. 303. TREATMENT OF AMOUNTS TRANSFERRED FROM CONSERVATION AND REINVESTMENT ACT FUND.

Section 3(a)(2) of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669b(a)(2)) is amended to read as follows:

`(2) There is established in the Federal aid to wildlife restoration fund a subaccount to be known as the `wildlife conservation and restoration account'. Amounts transferred to the fund for a fiscal year under section 5(b)(3) of the Conservation and Reinvestment Act shall be deposited in the subaccount and shall be available without further appropriation, in each fiscal year, for apportionment in accordance with this Act to carry out State wildlife conservation and restoration programs.'.

(a) In General.--Section 4 of the Federal Aid in Wildlife Restoration Act (16 U.S.C. 669c) is amended by adding at the end the following new subsection: 

``(c) Amounts Transferred From Conservation and Reinvestment Act Fund.--(1) The Secretary of the Interior shall make the following apportionment from the amount transferred to the fund from the Conservation and Reinvestment Act Fund for each fiscal year: 

``(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-sixth of 1 percent thereof. 

``(2)(A) The Secretary of the Interior, after making the apportionment under paragraph (1), shall apportion the remainder of the amount transferred to the fund from the Conservation and Reinvestment Act Fund 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. 

``(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-half of 1 percent of the amount available for apportionment under this paragraph for any fiscal year or more than 5 percent of such amount. 

``(3) Amounts transferred to the fund from the Conservation and Reinvestment Act Fund shall not be available for any expenses incurred in the administration and execution of programs carried out with such amounts. 

``(d) 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 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. 

``(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.''. 

(b) FACA.--Coordination with State fish and wildlife agency personnel or with personnel of other State agencies pursuant to the Federal Aid in Wildlife Restoration Act or the Federal Aid in Sport Fish Restoration Act shall not be subject to the Federal Advisory Committee Act (5 U.S.C. App.). Except for the preceding sentence, the provisions of this title relate solely to wildlife conservation and restoration programs and shall not be construed to affect the provisions of the Federal Aid in Wildlife Restoration Act relating to wildlife restoration projects or the provisions of the Federal Aid in Sport Fish Restoration Act relating to fish restoration and management projects.

(a) IN GENERAL- Section 4(c)(1) of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669c(c)(1)) is amended--

(1) in the matter preceding subparagraph (A) by striking `from' and inserting `from amounts available each fiscal year from'; and

(2) by adding at the end the following:

`(C) To Indian tribes, a sum equal to not more than 2 1/4 percent thereof, of which--

`(i) 1/3 shall be allocated based on the ratio to which the trust land area of each Indian tribe bears to the total trust land area of all Indian tribes; and

`(ii) 2/3 shall be allocated based on the ratio to which the population of each Indian tribe bears to the total population of all Indian tribes;

except that no Indian tribe shall receive more than 5 percent of the total amount made available in a fiscal year to Indian tribes under this subsection.'.

(b) TREATMENT OF APPORTIONMENTS TO INDIAN TRIBES- Section 4 of such Act (16 U.S.C. 669c) is amended by adding at the end the following:

`(e) TREATMENT OF APPORTIONMENTS TO INDIAN TRIBES- For purposes of the treatment under this Act of amounts apportioned to Indian tribes under subsection (c)(1)(C), the term `State' includes an Indian tribe.'.

(c) INDIAN TRIBE DEFINED- Section 2 of such Act (16 U.S.C. 669a) is amended--

(1) by redesignating paragraphs (2) through (8) in order as paragraphs (3) through (9); and

(2) by inserting after paragraph (1) the following:

`(2) The term `Indian tribe'--

`(A) except as provided in subparagraph (B), means any federally recognized Indian tribe; and

`(B) in the case of Alaska, means only a Native corporation, as that term is defined in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602);'.

(d) CONFORMING AMENDMENTS- Such Act is amended--

(1) in section 3(c)(2) (16 U.S.C. 669b(c)(2)) by striking `or an Indian tribe'; and

(2) in section 4(d)(5) (16 U.S.C. 669c(d)(5))--

(A) by striking `and the Commonwealth' and inserting `the Commonwealth'; and

(B) by inserting before the period the following: `, and, except for purposes of subsection (c)(2), each Indian tribe'.