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] ...


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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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