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] ...
106th CONGRESS
2d Session
H. R. 3671
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 6, 2000
Received; read twice and referred to the Committee on Environment and
Public Works
_______________________________________________________________________
AN ACT
To amend the Acts popularly known as 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 increase opportunities for recreational
hunting, bow hunting, trapping, archery, and fishing, by eliminating
opportunities for waste, fraud, abuse, mal-
administration, and unauthorized expenditures for
administration and execution 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 TITLE.
This Act may be cited as the ``Wildlife and Sport Fish Restoration
Programs Improvement Act of 2000''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Wildlife restoration act.--The term ``Wildlife
Restoration Act'' means the Act of September 2, 1937 (chapter
899; 16 U.S.C. 669 et seq.), popularly known as the Federal Aid
in Wildlife Restoration Act and as the Pittman-Robertson
Wildlife Restoration Act.
(2) Sport fish restoration act.--The term ``Sport Fish
Restoration Act'' means the Act of August 9, 1950 (chapter 658;
16 U.S.C. 777 et seq.), popularly known as the Federal Aid in
Fish Restoration Act and as the Dingell-Johnson Sport Fish
Restoration Act.
TITLE I--WILDLIFE RESTORATION
SEC. 101. EXPENDITURES FOR ADMINISTRATION.
(a) Annual Set-Aside for Administration.--Section 4 of the Wildlife
Restoration Act (16 U.S.C. 669c) is amended--
(1) by redesignating subsection (b) as subsection (c);
(2) by amending so much as precedes the second sentence of
subsection (a) to read as follows:
``allocation and apportionment of available amounts
``Sec. 4. (a) Set-Aside for Administration.--(1)(A) Of the revenues
(excluding interest accruing under section 3(b)) covered into the fund,
the Secretary 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)(A) 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 that fiscal year, the Secretary shall apportion among the States
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 for the fiscal
year in which the apportionment is made.
``(B) Within 30 days after the end of each fiscal year, the
Secretary 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) amounts obligated by the Secretary during
the fiscal year for administration of this Act; and
``(ii) publish in the Federal Register the amounts so
certified.
``(b) Apportionment to States.--''; and
(3) in subsection (b), as designated by the amendment made
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
amount authorized to be used 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 Regarding Use of Amounts for
Administration.--Section 9 of the Wildlife Restoration Act (16 U.S.C.
669h) is amended to read as follows:
``requirements and restrictions regarding use of amounts for
administration
``Sec. 9. (a) Authorized Administrative Costs.--The Secretary may
use amounts under section 4(a)(1) 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) of this
subsection not including 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 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 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 sportfish
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,
section 10, or section 11.
``(10) Costs of travel outside of 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 such relocation
expenses are incurred.
``(12) Costs to audit, evaluate, approve, disapprove, and
advise concerning grants under section 6, section 10, or
section 11.
``(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(a)(1) 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 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 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(a)(1) and a
breakdown of categories for which such funds were expended.
``(B) The amount of funds apportioned to States under
section 4(a)(2).
``(C) The results of the audits performed pursuant to
subsection (d).
``(D) That all funds expended under section 4(a)(1) were
necessary for administration of this Act.
``(E) The Secretary, 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) 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) Within 60 days after the start of each fiscal year, the
Assistant Director for Wildlife and Sport Fish Restoration Programs
shall provide 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 that will be expended in the
fiscal year under section 4(a)(1) and a breakdown of categories
for which such funds will be expended.
``(B) A description of how the funds to be expended are
necessary for administration of this Act.
``(4) 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 State 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. 102. FIREARM AND BOW HUNTER EDUCATION AND SAFETY PROGRAM GRANTS.
The Wildlife Restoration Act is amended by redesignating section 10
as section 12, and by inserting after section 9 the following:
``firearm and bow hunter education and safety program grants
``Sec. 10. (a) In General.--Of the revenues covered into the fund
in each fiscal year, $15,000,000, less the amount used under section
4(a) and the amount granted under section 11(a)(1), shall be
apportioned among the States in the manner specified in section 4(b) by
the Secretary for the following:
``(1) Grants to States for the enhancement of hunter
education programs, hunter and sporting firearm safety
programs, and hunter development programs.
``(2) Grants for the enhancement of interstate coordination
and development of hunter education and shooting range
programs.
``(3) Grants to States for the enhancement of bow hunter
and archery education, safety, and development programs.
``(4) Grants to States for the enhancement of construction
or development of firearm shooting ranges and archery ranges,
and updating 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 may not exceed 75 percent
of the total cost of the activity and the remainder of the cost shall
come from a non-Federal source.
``(c) Period of Availability; Reapportionment.--Amounts available
under this subsection shall remain available for 1 fiscal year, after
which all unobligated balances shall be apportioned among the States in
the manner specified in section 4(b).''.
SEC. 103. MULTI-STATE CONSERVATION GRANT PROGRAM.
The Wildlife Restoration Act is further amended by inserting after
section 10 the following:
``multi-state conservation grant program
``Sec. 11. (a) In General.--(1) Up to $2,500,000 of the revenues
covered into the fund each fiscal year shall be available to the
Secretary 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
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