Home > 106th Congressional Bills > H.R. 3671 (rh) To amend the Acts popularly known as the Pittman-Robertson Wildlife [Reported in House] ...H.R. 3671 (rh) To amend the Acts popularly known as the Pittman-Robertson Wildlife [Reported in House] ...
shall be apportioned in the manner specified in section 4(b).
``(b) Selection of Projects.--(1) A project shall not be eligible
for a grant under this section unless it will benefit at least 26
States, a majority of the States in a region of the United States Fish
and Wildlife Service, or a regional association of State fish and game
departments.
``(2) The Secretary may award grants under this section based only
on a priority list of wildlife restoration projects prepared and
submitted by State fish and game departments acting through the
International Association of Fish and Wildlife Agencies each fiscal
year in accordance with paragraph (3).
``(3)(A) The International Association of Fish and Wildlife
Agencies shall--
``(i) prepare each priority list through a committee
comprised of the heads of State fish and game departments (or
their designees);
``(ii) approve each priority list by a majority of the
heads of all State fish and game departments (or their
designees); and
``(iii) submit each priority list by not later than October
1 of each fiscal year to the Assistant Director for Wildlife
and Sport Fish Restoration Programs, who shall accept such list
on behalf of the Secretary.
``(B) In preparing any priority list under this paragraph, the
International Association of Fish and Wildlife Agencies shall consult
with nongovernmental organizations that represent conservation
organizations, sportsmen organizations, and industries that support or
promote hunting, trapping, recreational shooting, bow hunting, or
archery.
``(4) The Assistant Director for Wildlife and Sport Fish
Restoration Programs shall publish in the Federal Register each
priority list submitted under this subsection.
``(c) Eligible Grantees.--(1) The Secretary 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) Any nongovernmental organization applying 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 does not promote or encourage opposition to regulated
hunting or trapping of wildlife, and will use any funds awarded
pursuant to this section in compliance with subsection (d).
``(3) Any nongovernmental organization that is found to promote or
encourage opposition to regulated hunting or trapping of wildlife or
does not use funds in compliance with subsection (d) shall return all
funds received and be subject to any other penalties under law.
``(d) Use of Grants.--Amounts provided as a grant under this
section may not be used for education, activities, projects, or
programs that promote or encourage opposition to regulated hunting or
trapping of regulated wildlife.
``(e) Clarification.--No activities undertaken by the personnel of
State fish and game departments under this section shall constitute
advice or recommendations for one or more agencies or officers of the
Federal Government.''.
SEC. 104. MISCELLANEOUS PROVISIONS.
Section 5 of the Wildlife Restoration Act (16 U.S.C. 669d) is
amended by inserting ``, at the time such deduction or apportionment is
made'' after ``he has apportioned to each State''.
TITLE II--SPORT FISH RESTORATION
SEC. 201. EXPENDITURES FOR ADMINISTRATION.
(a) Annual Set-Aside for Administration.--Section 4(d) of the Sport
Fish Restoration Act (16 U.S.C. 777c(d)) is amended to read as follows:
``(d)(1)(A) Of the balance of each such annual appropriation
remaining after the distribution and use under subsections (a), (b),
and (c) of this section and section 14, the Secretary of the Interior
may use up to the amount specified in subparagraph (B) for expenses to
administer this Act, in accordance with this subsection and section 9.
``(B) The amount referred to in subparagraph (A) is the following:
``(i) In fiscal year 2001, $7,090,000.
``(ii) In fiscal year 2002, $6,710,000.
``(iii) In fiscal year 2003, $6,330,000.
``(iv) In fiscal year 2004 and each fiscal year
thereafter--
``(I) the amount available for the preceding fiscal
year, plus
``(II) an amount to reflect the change in the
consumer price index over the preceding fiscal year,
which shall be determined by the Secretary of the
Treasury by multiplying such change times the amount
available for the preceding fiscal year.
``(2) The amount authorized to be used by the Secretary under
paragraph (1) each fiscal year shall remain available for obligation
for such use until the expiration of that fiscal year. Within 60 days
after the end of that fiscal year, the Secretary shall apportion any of
the amount that remains unobligated at the end of the fiscal year on
the same basis and in the same manner as other amounts authorized by
this Act are apportioned among the States under section 4(e) for the
fiscal year in which the apportionment is made.''.
(b) Requirements and Restrictions Regarding Use of Amounts for
Administration.--Section 9 of the Sport Fish Restoration Act (16 U.S.C.
777h) is amended to read as follows:
``requirements and restrictions regarding use of amounts for
administration
``Sec. 9. (a) Authorized Administration Costs.--The Secretary of
the Interior may use amounts under section 4(d) only for administration
expenses that directly support the implementation of this Act and that
consist of any of the following:
``(1) Personnel costs of any employee who directly
administers this Act on a full-time basis.
``(2) Personnel costs of any employee who directly
administers this Act on a part-time basis for at least 20 hours
each week, not to exceed the portion of such costs incurred
with respect to the work hours of such employee during which
the employee directly administers this Act, as such hours are
certified by the supervisor of the employee.
``(3) Support costs directly associated with personnel
costs authorized under paragraphs (1) and (2).
``(4) Costs of determining under section 6(a) whether State
comprehensive plans and projects are substantial in character
and design.
``(5) Overhead costs, including general administrative
services, that are directly attributable to administration of
this Act based on--
``(A) actual costs, as determined by a direct cost
allocation methodology approved by the Director of the
Office of Management and Budget for use by Federal
agencies; and
``(B) for those costs not determinable pursuant to
subparagraph (A), an amount per full-time equivalent
employee authorized pursuant to paragraphs (1) and (2)
that does not exceed the amount charged or assessed for
such costs per full-time equivalent employee for any
other division or program of the United States Fish and
Wildlife Service.
``(6) Costs incurred in auditing 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 every 5 years.
``(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 the States, territories, and
Canada by personnel who administer this Act on a full-time
basis for purposes directly related to administration of State
programs or projects, or who administer grants under section 6
or section 14.
``(10) Costs of travel outside of the United States (except
travel to Canada) that relates 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 such relocation
expenses are incurred.
``(12) Costs to audit, evaluate, approve, disapprove, and
advise concerning grants under section 6 and section 14.
``(b) Unauthorized Costs.--Use of funds for a cost to administer
this Act shall not be authorized because the cost is not expressly
prohibited by this Act.
``(c) Restriction on Use To Supplement General Appropriations.--The
Secretary may not use amounts under section 4(d) to supplement 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) The Inspector General of the
Department of the Interior shall procure the conduct of biennial
audits, in accordance with generally accepted accounting principles, of
expenditures of amounts used by the Secretary for administration of
this Act.
``(2) Audits under this subsection shall be performed under
contracts that are awarded under competitive procedures (as that term
is defined in section 4 of the Office of Federal Procurement Policy Act
(41 U.S.C. 403)), by a person that is not associated in any way with
the Department of the Interior.
``(3) The auditor selected pursuant to paragraph (1) 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
such findings are submitted to the Inspector General of the Department
of the Interior.
``(4) 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 such audit.
``(e) Certification by Secretary.--(1) The Secretary of the
Interior shall within 3 months after each fiscal year certify in
writing to the Committee on Resources of the House of Representatives
and the Committee on Environment and Public Works of the Senate the
following for the fiscal year:
``(A) The amount of funds used under section 4(d) and a
breakdown of categories for which such funds were expended.
``(B) The amount of funds apportioned to States under
section 4(d)(2)(A).
``(C) The results of the audits performed pursuant to
subsection (d).
``(D) That all funds expended under section 4(d) were
necessary for administration of this Act.
``(E) The Secretary, 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) The Secretary may not delegate the responsibility to make
certifications under paragraph (1) except to the Assistant Secretary
for Fish and Wildlife and Parks.
``(3) The Secretary shall promptly publish in the Federal Register
each certification under this subsection.
``(f) Certification by Assistant Director for Wildlife and Sport
Fish Restoration Programs.--Within 1 month after the end of each fiscal
year, the Assistant Director for Wildlife and Sport Fish Restoration
Programs shall--
``(1) certify that--
``(A) all amounts expended in that fiscal year to
administer this Act in agency headquarters and in
regional offices of the United States Fish and Wildlife
Service were used in accordance with this Act; and
``(B) all such expenditures were necessary to
administer this Act; and
``(2) distribute such certifications to each State fish and
game department.''.
SEC. 202. MULTI-STATE GRANT PROGRAM.
(a) Establishment of Program.--The Sport Fish Restoration Act is
amended by striking the second section 13 (16 U.S.C. 777 note) and
inserting the following:
``multi-state conservation grant program
``Sec. 14. (a) In General.--(1) Of the balance of each annual
appropriation made in accordance with section 3 remaining after the
distribution and use under subsections (a), (b), and (c) of section 4
each fiscal year, up to $2,500,000 shall be available to the Secretary
of the Interior for making multi-State conservation grants in
accordance with this section.
``(2) Amounts available under this subsection shall remain
available for 2 fiscal years, after which all unobligated balances
shall be apportioned in the manner specified in section 4(e).
``(b) Selection of Projects.--(1) A project shall not be eligible
for a grant under this section unless it will benefit at least 26
States, a majority of the States in a region of the Fish and Wildlife
Service, or a regional association of State fish and game departments.
``(2) The Secretary of the Interior may award grants under this
section based only on a priority list of sportfish restoration projects
prepared and submitted by State fish and game departments acting
through the International Association of Fish and Wildlife Agencies
each fiscal year in accordance with paragraph (3).
``(3)(A) The International Association of Fish and Wildlife
Agencies shall--
``(i) prepare each priority list through a committee
comprised of the heads of State fish and game departments (or
their designees);
``(ii) approve each priority list by a majority of the
heads of State fish and game departments (or their designees);
and
``(iii) submit each priority list by not later than October
1 of each fiscal year to the Secretary of the Interior.
``(B) In preparing any priority list under this paragraph, the
International Association of Fish and Wildlife Agencies shall consult
with nongovernmental organizations that represent conservation
organizations, sportsmen organizations, and industries that fund the
Sport Fish Restoration Programs.
``(4) The Assistant Director for Wildlife and Sport Fish
Restoration Programs shall publish in the Federal Register each
priority list submitted under this subsection.
``(c) Eligible Grantees.--(1) 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) Any nongovernmental organization applying 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 does not promote or encourage opposition to the regulated
taking of fish and will use any funds awarded pursuant to this section
in compliance with subsection (d).
``(3) Any nongovernmental organization that is found to promote or
encourage opposition to the regulated taking of fish or does not use
funds in compliance with subsection (d) shall return all funds received
and be subject to any other penalties under law.
``(d) Use of Grants.--Amounts provided as a grant under this
section may not be used for education, activities, projects, or
programs that promote or encourage opposition to the regulated taking
of fish.
``(e) Clarification.--No activities undertaken by the personnel of
State fish and game departments, other State agencies, or organizations
of State fish and game departments under this section shall constitute
advice or recommendations for one or more agencies or officers of the
Federal Government.
``(f) Funding for Marine Fisheries Commissions.--Of the balance of
each annual appropriation made in accordance with section 3 remaining
after the distribution and use under subsections (a), (b), and (c) of
section 4 each fiscal year and after deducting amounts used for grants
under subsection (a) of this section, $200,000 shall be 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 of the Sport Fish Restoration
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