Specifies authorized administrative uses of such amounts. Prohibits the Secretary from using such amounts to supplement any function for which general appropriations are made for the U.S. Fish and Wildlife Service (USFWS) or any other entity of the Department of the Interior (Department). Requires the Department's Inspector General to procure the performance of biennial audits of such expenditures, and requires an annual expenditure certification report from the Secretary and the Assistant Director for Wildlife and Sport Fish Restoration Programs (Assistant Director) (established under this Act).
Earmarks funds under such Act other than administrative funds for grants for the enhancement of hunter education programs, hunter and sporting firearm safety programs, and hunter development programs, including the construction or enhancement of firearm shooting and archery ranges. Limits to 75 percent the Federal share of any grant activity.
Earmarks funds under such Act for multi-State conservation project grants under which the Secretary makes grants that will benefit at least 26 States for wildlife restoration projects submitted each fiscal year by State fish and game departments acting through the International Association of Fish and Wildlife Agencies (Association). Prohibits grant funds from being used for activities that promote or encourage opposition to regulated hunting or trapping of wildlife.
Title II: Sport Fish Restoration - Amends the Dingell-Johnson Sport Fish Restoration Act (Federal Aid in Fish Restoration Act) to specify the amounts authorized to be set aside for FY 2001 and thereafter for administrative expenses of the Secretary in implementing such Act. Authorizes remaining administrative portions in a fiscal year to be apportioned among the States for purposes of such Act. Specifies authorized administrative uses of such amounts. Prohibits the Secretary from using such amounts to supplement any function for which general appropriations are made for the USFWS or another Department entity. Requires the Department's Inspector General to procure the performance of biennial audits of such expenditures, and requires an annual expenditure certification report from the Secretary and the Assistant Director.
Makes post-administrative amounts under such Act available each fiscal year to the Secretary for making multi-State (at least 26 States benefitting) project conservation grants for sport fish restoration projects prepared and submitted by State fish and game departments acting through the Association. Prohibits grant funds from being used for activities that promote or encourage opposition to the regulated taking of fish. Earmarks fiscal year grant amounts for specified marine fisheries commissions.
Directs the Secretary to: (1) certify to the Secretary of the Treasury and each State fish and game department the amounts so apportioned as well as amounts obligated for administrative expenses; and (2) publish the amounts so certified in the Federal Register.
Title III: Wildlife and Sport Fish Restoration Programs - Designates the programs established under the amended Acts as the Federal Assistance Program for State Wildlife and Sport Fish Restoration (Program).
Establishes within the USFWS an Assistant Director for Wildlife and Sport Fish Restoration Programs to administer, manage, and oversee the Program. Abolishes the position of Chief of the Division of Federal Aid of the Department of the Interior and transfers that position's duties to the Assistant Director.
Requires the Secretary to report to specified congressional committees on the steps taken to comply with this Act, including the extent to which compliance has required a reduction in personnel assigned to administer, manage, and oversee the Program.
[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2609 Introduced in Senate (IS)]
106th CONGRESS
2d Session
S. 2609
To amend the Pittman-Robertson Wildlife Restoration Act and the
Dingell-Johnson Sport Fish Restoration Act to enhance the funds
available for grants to States for fish and wildlife conservation
projects, and to increase opportunities for recreational hunting, bow
hunting, trapping, archery, and fishing, by eliminating chances for
waste, fraud, abuse, maladministration, and unauthorized expenditures
for administration and implementation of those Acts, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 23, 2000
Mr. Craig (for himself and Mr. Crapo) introduced the following bill;
which was read twice and referred to the Committee on Environment and
Public Works
_______________________________________________________________________
A BILL
To amend the Pittman-Robertson Wildlife Restoration Act and the
Dingell-Johnson Sport Fish Restoration Act to enhance the funds
available for grants to States for fish and wildlife conservation
projects, and to increase opportunities for recreational hunting, bow
hunting, trapping, archery, and fishing, by eliminating chances for
waste, fraud, abuse, maladministration, and unauthorized expenditures
for administration and implementation of those Acts, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLES; TABLE OF CONTENTS.
(a) Short Titles.--
(1) This act.--This Act may be cited as the ``Wildlife and
Sport Fish Restoration Programs Improvement Act of 2000''.
(2) Pittman-robertson wildlife restoration act.--The Act of
September 2, 1937 (16 U.S.C. 669 et seq.), is amended by adding
at the end the following:
``SEC. 14. SHORT TITLE.
``This Act may be cited as the `Pittman-Robertson Wildlife
Restoration Act'.''.
(3) Dingell-johnson sport fish restoration act.--The Act of
August 9, 1950 (16 U.S.C. 777 et seq.), is amended by adding at
the end the following:
``SEC. 16. SHORT TITLE.
``This Act may be cited as the `Dingell-Johnson Sport Fish
Restoration Act'.''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short titles; table of contents.
TITLE I--WILDLIFE RESTORATION
Sec. 101. Expenditures for administration.
Sec. 102. Firearm and bow hunter education and safety program grants.
Sec. 103. Multistate conservation grant program.
Sec. 104. Miscellaneous provision.
TITLE II--SPORT FISH RESTORATION
Sec. 201. Expenditures for administration.
Sec. 202. Multistate conservation grant program.
Sec. 203. Certifications.
Sec. 204. Period of availability.
Sec. 205. Conforming amendment.
TITLE III--WILDLIFE AND SPORT FISH RESTORATION PROGRAMS
Sec. 301. Designation of programs.
Sec. 302. Assistant Director for Wildlife and Sport Fish Restoration
Programs.
Sec. 303. Chief of Division of Federal Aid.
Sec. 304. Implementation report.
TITLE I--WILDLIFE RESTORATION
SEC. 101. EXPENDITURES FOR ADMINISTRATION.
(a) Set-Aside for Administrative Expenses.--Section 4 of the
Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669c) is
amended--
(1) by redesignating subsection (b) as subsection (c);
(2) by striking ``Sec. 4.'' and all that follows through
the end of the first sentence of subsection (a) and inserting
the following:
``SEC. 4. ALLOCATION AND APPORTIONMENT OF AVAILABLE AMOUNTS.
``(a) Set-Aside for Administrative Expenses.--
``(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 administrative
expenses 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 fiscal year 2001, $7,090,000;
``(ii) for fiscal year 2002, $6,710,000;
``(iii) for fiscal year 2003, $6,330,000;
and
``(iv) 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) In general.--
``(i) 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.
``(ii) 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) Certification and publication of amounts.--
Not later than 30 days after the end of each fiscal
year, the Secretary of the Interior shall--
``(i) certify in writing to the Secretary
of the Treasury and to each State fish and game
department--
``(I) the amount apportioned under
subparagraph (A) to each State in the
most recent apportionment under that subparagraph; and
``(II) the amounts obligated by the
Secretary of the Interior during the
fiscal year for administrative expenses
incurred in implementation of this Act;
and
``(ii) publish in the Federal Register the
amounts certified under clause (i).
``(b) Apportionment to States.--''; and
(3) in subsection (b) (as designated by paragraph (2)), by
striking ``after making the aforesaid deduction, shall
apportion, except as provided in subsection (b) of this
section,'' and inserting ``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''.
(b) Requirements and Restrictions Concerning Use of Amounts for
Administrative Expenses.--Section 9 of the Pittman-Robertson Wildlife
Restoration Act (16 U.S.C. 669h) is amended to read as follows:
``SEC. 9. REQUIREMENTS AND RESTRICTIONS CONCERNING USE OF AMOUNTS FOR
ADMINISTRATIVE EXPENSES.
``(a) Authorized Administrative Costs.--The Secretary of the
Interior may use available amounts under section 4(a)(1) only for
administrative expenses that directly support the implementation of
this Act, consisting of--
``(1) personnel costs of employees who directly administer
this Act on a full-time basis;
``(2) personnel costs of employees who directly administer
this Act on a part-time basis for at least 20 hours each week,
not to exceed the portion of those costs incurred with respect
to the work hours of an employee during which the employee
directly administers this Act, as those hours are certified by
the supervisor of the employee;
``(3) support costs directly associated with personnel
costs authorized under paragraphs (1) and (2), excluding costs
associated with staffing and operation of regional offices of
the United States Fish and Wildlife Service and the Department
of the Interior other than for the purposes of this Act;
``(4) costs of determining under section 6(a) whether State
comprehensive plans and projects are substantial in character
and design;
``(5) overhead costs, including the costs of general
administrative services, that are directly attributable to
administration of this Act and are determined based on the
direct cost allocation method in accordance with generally
accepted accounting principles;
``(6) costs incurred in auditing, every 5 years, the
wildlife and sport fish activities of each State fish and game
department and the use of funds under section 6 by each State
fish and game department;
``(7) costs of audits under subsection (d);
``(8) costs of necessary training of Federal and State
full-time personnel who administer this Act to improve
administration of this Act;
``(9) costs of travel to States, territories, and Canada by
personnel who--
``(A) administer this Act on a full-time basis for
purposes directly related to administration of State
programs or projects; or
``(B) administer grants under section 6, 10, or 11;
``(10) costs of travel by personnel outside the United
States (except travel to Canada) that relates directly to
administration of this Act and that is approved directly by the
Assistant Secretary for Fish and Wildlife and Parks;
``(11) relocation expenses for personnel who, after
relocation, will administer this Act on a full-time basis for
at least 1 year, as certified by the Director of the United
States Fish and Wildlife Service at the time at which the
relocation expenses are incurred; and
``(12) costs to audit, evaluate, approve, disapprove, and
advise concerning grants under section 6, 10, or 11.
``(b) Unauthorized Costs.--Use of funds for a cost to administer
this Act shall not be deemed to be authorized by reason of the fact
that incurrence of the cost is not expressly prohibited by this Act.
``(c) Restriction on Use To Supplement General Appropriations.--The
Secretary of the Interior shall not use available amounts under section
4(a)(1) to supplement the funding of any function for which general
appropriations are made for the United States Fish and Wildlife Service
or any other entity of the Department of the Interior.
``(d) Audit Requirement.--
``(1) In general.--The Inspector General of the Department
of the Interior shall procure the performance of biennial
audits, in accordance with generally accepted accounting
principles, of expenditures and obligations of amounts used by
the Secretary of the Interior for administrative expenses
incurred in implementation of this Act.
``(2) Auditor.--
``(A) In general.--An audit under this subsection
shall be performed under a contract that is awarded
under competitive procedures (as defined in section 4
of the Office of Federal Procurement Policy Act (41
U.S.C. 403)) by a person or entity that is not
associated in any way with the Department of the
Interior (except by way of a contract for the
performance of an audit).
``(B) Supervision of auditor.--The auditor selected
under subparagraph (A) shall report to, and be
supervised by, the Inspector General of the Department
of the Interior, except that the auditor shall submit a
copy of the biennial audit findings to the Secretary of
the Interior at the time at which the findings are
submitted to the Inspector General of the Department of
the Interior.
``(3) Report to congress.--The Inspector General of the
Department of the Interior shall promptly report to the
Committee on Resources of the House of Representatives and the
Committee on Environment and Public Works of the Senate on the
results of each audit under this subsection.
``(e) Certifications to Congress.--
``(1) At end of each fiscal year.--
``(A) In general.--Not later than 90 days after the
end of each fiscal year, the Secretary of the Interior
shall certify in writing to the Committee on Resources
of the House of Representatives and the Committee on
Environment and Public Works of the Senate, with
respect to the fiscal year--
``(i) the amounts used under section
4(a)(1) and a breakdown of the categories for
which the amounts were used;
``(ii) the amounts apportioned to States
under section 4(a)(2);
``(iii) the results of the audits performed
under subsection (d);
``(iv) that all amounts used under section
4(a)(1) were necessary for administrative
expenses incurred in implementation of this
Act; and
``(v) that the Secretary of the Interior,
the Assistant Secretary for Fish and Wildlife
and Parks, the Director of the United States
Fish and Wildlife Service, and the Assistant
Director for Wildlife and Sport Fish
Restoration Programs each properly discharged
their duties under this Act.
``(B) Limitation on delegation.--The Secretary of
the Interior shall not delegate the responsibility for
making a certification under subparagraph (A) to any
person except the Assistant Secretary for Fish and
Wildlife and Parks.
``(2) At beginning of each fiscal year.--Not later than 60
days after the beginning of each fiscal year, the Assistant
Director for Wildlife and Sport Fish Restoration Programs shall
certify to the Committee on Resources of the House of
Representatives and the Committee on Environment and Public
Works of the Senate, with respect to the fiscal year--
``(A) the amounts that will be used in the fiscal
year under section 4(a)(1) and a breakdown of the
categories for which the amounts will be used; and
``(B) a description of how the funds to be used are
necessary for administration of this Act.
``(3) Publication of certifications.--The Secretary of the
Interior shall promptly publish in the Federal Register each
certification under this subsection.
``(f) Certification to State Fish and Game Departments.--Not later
than 30 days after the end of each fiscal year, the Assistant Director
for Wildlife and Sport Fish Restoration Programs shall--
``(1) certify that--
``(A) all amounts used in that fiscal year to
administer this Act by agency headquarters and by
regional offices of the United States Fish and Wildlife
Service were used in accordance with this Act; and
``(B) all expenditures described in subparagraph
(A) were necessary to administer this Act; and
``(2) provide a copy of the certification under paragraph
(1) to each State fish and game department.''.
(c) Conforming Amendment.--Section 8(b) of the Pittman-Robertson
Wildlife Restoration Act (16 U.S.C. 669g(b)) is amended in the first
sentence by striking ``section 4(b) of this Act'' and inserting
``section 4(c)''.
SEC. 102. FIREARM AND BOW HUNTER EDUCATION AND SAFETY PROGRAM GRANTS.
The Pittman-Robertson Wildlife Restoration Act is amended--
(1) by redesignating section 10 (16 U.S.C. 669i) as section
12; and
(2) by inserting after section 9 (16 U.S.C. 669h) the
following:
``SEC. 10. FIREARM AND BOW HUNTER EDUCATION AND SAFETY PROGRAM GRANTS.
``(a) In General.--Of the revenues covered into the fund for a
fiscal year, $15,000,000 shall be apportioned among the States in the
manner specified in section 4(b) by the Secretary of the Interior and
used to make grants to the States to be used for--
``(1) the enhancement of hunter education programs, hunter
and sporting firearm safety programs, and hunter development
programs;
``(2) the enhancement of interstate coordination and
development of hunter education and shooting range programs;
``(3) the enhancement of bow hunter and archery education,
safety, and development programs; and
``(4) 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.
``(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.--A grant under this section
shall remain available only for the fiscal year for which the
grant is made.
``(2) Reapportionment.--At the end of the period of
availability under paragraph (1), the Secretary of the Interior
shall apportion any grant funds that remain available among the
States in the manner specified in section 4(b) for use by the
States in accordance with this section.''.
SEC. 103. MULTISTATE CONSERVATION GRANT PROGRAM.
The Pittman-Robertson Wildlife Restoration Act (as amended by
section 102) is amended by inserting after section 10 the following:
``SEC. 11. MULTISTATE CONSERVATION GRANT PROGRAM.
``(a) In General.--
``(1) Amount for grants.--Not more than $3,500,000 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.
``(2) Period of availability; apportionment.--
``(A) Period of availability.--A grant under this
subsection shall remain available only for the fiscal
year for which the grant is made 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 grant funds 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 award 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 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; or
``(B) 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) does not promote or encourage
opposition to the regulated hunting or trapping
of wildlife; and
``(ii) will use any funds awarded under
this section in compliance with subsection (d).
``(B) Penalties for certain activities.--Any
nongovernmental organization that is found to promote
or encourage opposition to the regulated hunting or
trapping of wildlife or that does not use funds in
compliance with subsection (d) shall return all funds
received under this section and be subject to any other
penalties under law.
``(d) Use of Grants.--A grant under this section shall not be used
for an activity, project, or program that promotes or encourages
opposition to the regulated hunting or trapping of wildlife.
``(e) Clarification.--No activity undertaken by the personnel of a
State fish and game department, other State agency, or organization of
State fish and game departments under this section shall constitute the
giving of advice or a recommendation for 1 or more agencies or officers
of the Federal Government.''.
SEC. 104. MISCELLANEOUS PROVISION.
Section 5 of the Pittman-Robertson Wildlife Restoration Act (16
U.S.C. 669d) is amended in the first sentence by inserting ``, at the
time at which a deduction or apportionment is made,'' after
``certify''.
TITLE II--SPORT FISH RESTORATION
SEC. 201. EXPENDITURES FOR ADMINISTRATION.
(a) Set-Aside for Administrative Expenses.--Section 4 of the
Dingell-Johnson Sport Fish Restoration Act (16 U.S.C. 777c) is amended
by striking subsection (d) and inserting the following:
``(d) Set-Aside for Administrative Expenses.--
``(1) In general.--
``(A) Set-aside.--For fiscal year 2001 and each
fiscal year thereafter, of the balance of each such
annual appropriation remaining after the distribution
and use under subsections (a), (b), and (c) and section
14, the Secretary of the Interior may use not more than
the available amount specified in subparagraph (B) for
the fiscal year for administrative expenses 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 fiscal year 2001, $7,090,000;
``(ii) for fiscal year 2002, $6,710,000;
``(iii) for fiscal year 2003, $6,330,000;
and
``(iv) 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 under subsection (e) for the fiscal
year.''.
(b) Requirements and Restrictions Concerning Use of Amounts for
Administrative Expenses.--Section 9 of the Dingell-Johnson Sport Fish
Restoration Act (16 U.S.C. 777h) is amended to read as follows:
``SEC. 9. REQUIREMENTS AND RESTRICTIONS CONCERNING USE OF AMOUNTS FOR
ADMINISTRATIVE EXPENSES.
``(a) Authorized Administrative Costs.--The Secretary of the
Interior may use available amounts under section 4(d) only for
administrative expenses that directly support the implementation of
this Act, consisting of--
``(1) personnel costs of employees who directly administer
this Act on a full-time basis;
``(2) personnel costs of employees who directly administer
this Act on a part-time basis for at least 20 hours each week,
not to exceed the portion of those costs incurred with respect
to the work hours of an employee during which the employee
directly administers this Act, as those hours are certified by
the supervisor of the employee;
``(3) support costs directly associated with personnel
costs authorized under paragraphs (1) and (2), excluding costs
associated with staffing and operation of regional offices of
the United States Fish and Wildlife Service and the Department
of the Interior other than for the purposes of this Act;
``(4) costs of determining under section 6(a) whether State
comprehensive plans and projects are substantial in character
and design;
``(5) overhead costs, including the costs of general
administrative services, that are directly attributable to
administration of this Act and are determined based on the
direct cost allocation method in accordance with generally
accepted accounting principles;
``(6) costs incurred in auditing, every 5 years, the
wildlife and sport fish activities of each State fish and game
department and the use of funds under section 6 by each State
fish and game department;
``(7) costs of audits under subsection (d);
``(8) costs of necessary training of Federal and State
full-time personnel who administer this Act to improve
administration of this Act;
``(9) costs of travel to States, territories, and Canada by
personnel who--
``(A) administer this Act on a full-time basis for
purposes directly related to administration of State
programs or projects; or
``(B) administer grants under section 6 or 14;
``(10) costs of travel by personnel outside the United
States (except travel to Canada) that relates directly to
administration of this Act and that is approved directly by the
Assistant Secretary for Fish and Wildlife and Parks;
``(11) relocation expenses for personnel who, after
relocation, will administer this Act on a full-time basis for
at least 1 year, as certified by the Director of the United
States Fish and Wildlife Service at the time at which the
relocation expenses are incurred; and
``(12) costs to audit, evaluate, approve, disapprove, and
advise concerning grants under section 6 or 14.
``(b) Unauthorized Costs.--Use of funds for a cost to administer
this Act shall not be deemed to be authorized by reason of the fact
that incurrence of the cost is not expressly prohibited by this Act.
``(c) Restriction on Use To Supplement General Appropriations.--The
Secretary of the Interior shall not use available amounts under section
4(d) to supplement the funding of any function for which general
appropriations are made for the United States Fish and Wildlife Service
or any other entity of the Department of the Interior.
``(d) Audit Requirement.--
``(1) In general.--The Inspector General of the Department
of the Interior shall procure the performance of biennial
audits, in accordance with generally accepted accounting
principles, of expenditures and obligations of amounts used by
the Secretary of the Interior for administrative expenses
incurred in implementation of this Act.
``(2) Auditor.--
``(A) In general.--An audit under this subsection
shall be performed under a contract that is awarded
under competitive procedures (as defined in section 4 of the Office of
Federal Procurement Policy Act (41 U.S.C. 403)) by a person or entity
that is not associated in any way with the Department of the Interior
(except by way of a contract for the performance of an audit).
``(B) Supervision of auditor.--The auditor selected
under subparagraph (A) shall report to, and be
supervised by, the Inspector General of the Department
of the Interior, except that the auditor shall submit a
copy of the biennial audit findings to the Secretary of
the Interior at the time at which the findings are
submitted to the Inspector General of the Department of
the Interior.
``(3) Report to congress.--The Inspector General of the
Department of the Interior shall promptly report to the
Committee on Resources of the House of Representatives and the
Committee on Environment and Public Works of the Senate on the
results of each audit under this subsection.
``(e) Certification to Congress.--
``(1) At end of each fiscal year.--Not later than 90 days
after the end of each fiscal year, the Secretary of the
Interior shall certify in writing to the Committee on Resources
of the House of Representatives and the Committee on
Environment and Public Works of the Senate, with respect to the
fiscal year--
``(A) the amounts used under section 4(d) and a
breakdown of the categories for which the amounts were
used;
``(B) the amounts apportioned to States under
section 4(d)(2)(A);
``(C) the results of the audits performed under
subsection (d);
``(D) that all amounts used under section 4(d) were
necessary for administrative expenses incurred in
implementation of this Act; and
``(E) that the Secretary of the Interior, the
Assistant Secretary for Fish and Wildlife and Parks,
the Director of the United States Fish and Wildlife
Service, and the Assistant Director for Wildlife and
Sport Fish Restoration Programs each properly
discharged their duties under this Act.
``(2) Limitation on delegation.--The Secretary of the
Interior shall not delegate the responsibility for making a
certification under paragraph (1) to any person except the
Assistant Secretary for Fish and Wildlife and Parks.
``(3) Publication of certifications.--The Secretary of the
Interior shall promptly publish in the Federal Register each
certification under this subsection.
``(f) Certification to State Fish and Game Departments.--Not later
than 30 days after the end of each fiscal year, the Assistant Director
for Wildlife and Sport Fish Restoration Programs shall--
``(1) certify that--
``(A) all amounts used in that fiscal year to
administer this Act by agency headquarters and by
regional offices of the United States Fish and Wildlife
Service were used in accordance with this Act; and
``(B) all expenditures described in subparagraph
(A) were necessary to administer this Act; and
``(2) provide a copy of the certification under paragraph
(1) to each State fish and game department.''.
SEC. 202. MULTISTATE CONSERVATION GRANT PROGRAM.
(a) Establishment of Program.--The Dingell-Johnson Sport Fish
Restoration Act is amended by striking the section 13 relating to
effective date (16 U.S.C. 777 note) and inserting the following:
``SEC. 14. MULTISTATE CONSERVATION GRANT PROGRAM.
``(a) In General.--
``(1) Amount for grants.--Of the balance of each annual
appropriation made under section 3 remaining after the
distribution and use under subsections (a), (b), and (c) of
section 4 in a fiscal year, not more than $3,500,000 shall be
available to the Secretary of the Interior for making
multistate conservation project grants in accordance with this
section.
``(2) Period of availability; apportionment.--
``(A) Period of availability.--A grant under this
subsection shall remain available only for the fiscal
year for which the grant is made 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 grant funds that
remain available among the States in the manner
specified in section 4(e) for use by the States in the
same manner as funds apportioned under section 4(e).
``(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 award grants under this section
only for projects identified on a priority list of sport fish
restoration projects described in paragraph (3).
``(3) Priority list of projects.--A priority list referred
to in paragraph (2) is a priority list of 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 fund the sport fish
restoration programs under this Act;
``(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; or
``(B) 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) does not promote or encourage
opposition to the regulated taking of fish; and
``(ii) will use any funds awarded under
this section in compliance with subsection (d).
``(B) Penalties for certain activities.--Any
nongovernmental organization that is found to promote
or encourage opposition to the regulated taking of fish
or that does not use funds in compliance with
subsection (d) shall return all funds received under
this section and be subject to any other penalties
under law.
``(d) Use of Grants.--A grant under this section shall not be used
for an activity, project, or program that promotes or encourages
opposition to the regulated taking of fish.
``(e) Clarification.--No activity undertaken by the personnel of a
State fish and game department, other State agency, or organization of
State fish and game departments under this section shall constitute the
giving of advice or a recommendation for 1 or more agencies or officers
of the Federal Government.
``(f) Funding for Marine Fisheries Commissions.--Of the balance of
each annual appropriation made under section 3 remaining after the
distribution and use under subsections (a), (b), and (c) of section 4
for each fiscal year and after deducting amounts used for grants under
subsection (a), $200,000 shall be made available for each of--
``(1) the Atlantic States Marine Fisheries Commission;
``(2) the Gulf States Marine Fisheries Commission;
``(3) the Pacific States Marine Fisheries Commission; and
``(4) the Great Lakes Fisheries Commission.''.
(b) Conforming Amendments.--Section 4(e) of the Dingell-Johnson
Sport Fish Restoration Act (16 U.S.C. 777c(e)) is amended in the first
sentence by inserting ``and after deducting amounts used for grants
under section 14,'' after ``respectively,''.
SEC. 203. CERTIFICATIONS.
Section 5 of the Dingell-Johnson Sport Fish Restoration Act (16
U.S.C. 777d) is amended--
(1) by striking ``Sec. 5.'' and inserting the following:
``SEC. 5. CERTIFICATIONS.
``(a) Administrative Deduction and State Apportionments.--'';
(2) in subsection (a) (as designated by paragraph (1)), by
inserting ``, at the time at which a deduction or apportionment
is made,'' after ``certify''; and
(3) by adding at the end the following:
``(b) Certification by Secretary of the Interior at End of Each
Fiscal Year.--Not later than 30 days after the end of each fiscal year,
the Secretary of the Interior shall--
``(1) certify in writing to the Secretary of the Treasury
and to each State fish and game department--
``(A) the amount apportioned under section 4(d)(2)
to each State in the most recent apportionment under
that section for that fiscal year; and
``(B) the amounts obligated by the Secretary of the
Interior during the fiscal year for administrative
expenses incurred in implementation of this Act; and
``(2) publish in the Federal Register the amounts certified
under paragraph (1).
``(c) Certification by Assistant Director for Wildlife and Sport
Fish Restoration Programs.--
``(1) In general.--Not later than 60 days after the
beginning of each fiscal year, the Assistant Director for
Wildlife and Sport Fish Restoration Programs shall certify to
the Committee on Resources of the House of Representatives and
the Committee on Environment and Public Works of the Senate,
with respect to the fiscal year--
``(A) the amounts that will be used in the fiscal
year under section 4(d)(2) and a breakdown of the
categories for which the amounts will be used; and
``(B) a description of how the funds to be used are
necessary for administration of this Act.
``(2) Publication in federal register.--The Secretary of
the Interior shall promptly publish in the Federal Register
each certification under paragraph (1).''.
SEC. 204. PERIOD OF AVAILABILITY.
Section 4(f) of the Dingell-Johnson Sport Fish Restoration Act (16
U.S.C. 777c(f)) is amended by striking the first sentence and inserting
``Definition of Fiscal Year.--''.
SEC. 205. CONFORMING AMENDMENT.
Section 9504(b)(2)(A) of the Internal Revenue Code of 1986 is
amended by striking ``(as in effect on the date of the enactment of the
TEA 21 Restoration Act)'' and inserting ``(as in effect on the date of
enactment of the Wildlife and Sport Fish Restoration Programs
Improvement Act of 2000)''.
TITLE III--WILDLIFE AND SPORT FISH RESTORATION PROGRAMS
SEC. 301. DESIGNATION OF PROGRAMS.
The programs established under the Pittman-Robertson Wildlife
Restoration Act (16 U.S.C. 669 et seq.) and the Dingell-Johnson Sport
Fish Restoration Act (16 U.S.C. 777 et seq.) shall be known as the
``Federal Assistance Program for State Wildlife and Sport Fish
Restoration''.
SEC. 302. ASSISTANT DIRECTOR FOR WILDLIFE AND SPORT FISH RESTORATION
PROGRAMS.
(a) Establishment.--There is established in the United States Fish
and Wildlife Service of the Department of the Interior the position of
Assistant Director for Wildlife and Sport Fish Restoration Programs.
(b) Superior.--The Assistant Director for Wildlife and Sport Fish
Restoration Programs shall report directly to the Director of the
United States Fish and Wildlife Service.
(c) Responsibilities.--The Assistant Director for Wildlife and
Sport Fish Restoration Programs shall be primarily responsible for the
administration, management, and oversight of the Federal Assistance
Program for State Wildlife and Sport Fish Restoration under the
Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669 et seq.) and
the Dingell-Johnson Sport Fish Restoration Act (16 U.S.C. 777 et seq.).
SEC. 303. CHIEF OF DIVISION OF FEDERAL AID.
The Chief of the Division of Federal Aid of the Department of the
Interior, or any similar position, is abolished, and the duties of that
position are transferred to the Assistant Director for Wildlife and
Sport Fish Restoration Programs.
SEC. 304. IMPLEMENTATION REPORT.
(a) Timing.--At the time at which the President submits a budget
request for the Department of the Interior for the third fiscal year
that begins after the date of enactment of this Act, the Secretary of
the Interior shall submit to the Committee on Resources of the House of
Representatives and the Committee on Environment and Public Works of
the Senate a report on the steps that have been taken to comply with
this Act and the amendments made by this Act.
(b) Contents.--The report under subsection (a) shall describe--
(1) the extent to which compliance with this Act and the
amendments made by this Act has required a reduction in the
number of personnel assigned to administer, manage, and oversee
the Federal Assistance Program for State Wildlife and Sport
Fish Restoration;
(2) any revisions to this Act or the amendments made by
this Act that would be desirable in order for the Secretary of
the Interior to adequately administer the Programs and ensure
that funds provided to State agencies are properly used; and
(3) any other information concerning the implementation of
this Act and the amendments made by this Act that the Secretary
of the Interior considers appropriate.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S4314)
Read twice and referred to the Committee on Environment and Public Works.
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