[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1728 Introduced in Senate (IS)]
<DOC>
117th CONGRESS
1st Session
S. 1728
To create dedicated funds to conserve butterflies in North America,
plants in the Pacific Islands, freshwater mussels in the United States,
and desert fish in the Southwest United States, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 20, 2021
Mr. Blumenthal (for himself, Mr. Merkley, and Ms. Hirono) introduced
the following bill; which was read twice and referred to the Committee
on Environment and Public Works
_______________________________________________________________________
A BILL
To create dedicated funds to conserve butterflies in North America,
plants in the Pacific Islands, freshwater mussels in the United States,
and desert fish in the Southwest United States, 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Extinction
Prevention Act of 2021''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definition of Secretary.
TITLE I--NORTH AMERICA BUTTERFLY CONSERVATION FUND ACT OF 2021
Sec. 101. Short title.
Sec. 102. Purposes.
Sec. 103. Definitions.
Sec. 104. North America butterfly conservation assistance.
Sec. 105. North America Butterfly Conservation Fund.
Sec. 106. Report to Congress.
Sec. 107. Authorization of appropriations.
TITLE II--PACIFIC ISLANDS PLANT CONSERVATION FUND ACT OF 2021
Sec. 201. Short title.
Sec. 202. Purpose.
Sec. 203. Definitions.
Sec. 204. Pacific Islands plant conservation assistance.
Sec. 205. Pacific Islands Plant Conservation Fund.
Sec. 206. Report to Congress.
Sec. 207. Authorization of appropriations.
TITLE III--FRESHWATER MUSSEL CONSERVATION FUND ACT OF 2021
Sec. 301. Short title.
Sec. 302. Purpose.
Sec. 303. Definitions.
Sec. 304. Freshwater mussel conservation assistance.
Sec. 305. Freshwater Mussel Conservation Fund.
Sec. 306. Report to Congress.
Sec. 307. Authorization of appropriations.
TITLE IV--SOUTHWEST DESERT FISH CONSERVATION FUND ACT OF 2021
Sec. 401. Short title.
Sec. 402. Purpose.
Sec. 403. Definitions.
Sec. 404. Southwest desert fish conservation assistance.
Sec. 405. Southwest Desert Fish Conservation Fund.
Sec. 406. Report to Congress.
Sec. 407. Authorization of appropriations.
SEC. 2. DEFINITION OF SECRETARY.
In this Act, the term ``Secretary'' means the Secretary of the
Interior.
TITLE I--NORTH AMERICA BUTTERFLY CONSERVATION FUND ACT OF 2021
SEC. 101. SHORT TITLE.
This title may be cited as the ``North America Butterfly
Conservation Fund Act of 2021''.
SEC. 102. PURPOSES.
The purposes of this title are--
(1) to perpetuate healthy populations of butterflies in
North America;
(2) to assist in the conservation of threatened and
endangered butterflies by supporting conservation initiatives
in North America; and
(3) to provide financial resources and to foster
international cooperation for the conservation initiatives
described in paragraph (2).
SEC. 103. DEFINITIONS.
In this title:
(1) Butterfly.--The term ``butterfly'' means any member of
the order Lepidoptera.
(2) Conservation.--The term ``conservation'' means the use
of all methods and procedures necessary to protect the habitats
of butterflies in North America and the butterflies in those
habitats, including--
(A) protection, restoration, and management of the
habitats;
(B) onsite research and monitoring of--
(i) butterfly populations;
(ii) butterfly habitats;
(iii) annual butterfly reproduction; and
(iv) butterfly species population trends;
(C) assistance in the development, implementation,
and improvement of national and regional management
plans;
(D) enforcement and implementation of applicable
conservation laws; and
(E) community outreach and education.
(3) Fund.--The term ``Fund'' means the North America
Butterfly Conservation Fund established by section 105(a).
(4) North america.--The term ``North America'' means--
(A) Antigua and Barbuda;
(B) the Bahamas;
(C) Barbados;
(D) Belize;
(E) Canada;
(F) Costa Rica;
(G) Cuba;
(H) Dominica;
(I) the Dominican Republic;
(J) El Salvador;
(K) Grenada;
(L) Guatemala;
(M) Haiti;
(N) Honduras;
(O) Jamaica;
(P) Mexico;
(Q) Nicaragua;
(R) Panama;
(S) Saint Kitts and Nevis;
(T) Saint Lucia;
(U) Saint Vincent and the Grenadines;
(V) Trinidad and Tobago; and
(W) the United States.
SEC. 104. NORTH AMERICA BUTTERFLY CONSERVATION ASSISTANCE.
(a) Assistance.--
(1) In general.--Subject to the availability of funds, and
in consultation with other Federal officials, the Secretary
shall use amounts in the Fund to provide financial assistance
for projects for the conservation of butterflies and for which
a project proposal is approved by the Secretary under
subsection (c).
(2) Use of existing authorities.--Assistance provided under
this section shall be carried out in a manner consistent with
authorities available to the Secretary under the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.).
(b) Project Proposals.--
(1) Eligible applicants.--A proposal for a project for the
conservation of butterflies may be submitted to the Secretary
by--
(A) a State that has within its boundaries
butterfly habitat;
(B) a Tribal agency of an Indian Tribe the Tribal
land of which contains butterfly habitat;
(C) a relevant State agency, Tribal agency,
research institution, nonprofit organization, or
wildlife management authority in North America that
directly or indirectly affects butterfly conservation,
as determined by the Secretary; or
(D) any other individual or entity, as determined
appropriate by the Secretary, with the demonstrated
expertise required for the conservation of butterflies
in North America.
(2) Federal partnership opportunities.--
(A) In general.--A Federal agency may be included
as a partner or a collaborator on a project that
receives funding under this section.
(B) Prohibition.--A Federal agency may not--
(i) be a lead entity on a project that
receives funding under this section; or
(ii) receive funding for a project under
this section.
(3) Required elements.--A project proposal shall include--
(A) a statement of the purposes of the project;
(B) the name of the entity or individual with
overall responsibility for the project;
(C) a description of--
(i) the qualifications of the entity or
individuals that will carry out the project;
(ii) methods for project implementation and
outcome assessment;
(iii) staffing and stakeholder engagement
for the project;
(iv) the logistics of the project,
including cost estimates and timelines;
(v) anticipated outcomes of the project;
and
(vi) mechanisms to encourage adequate local
public participation in project development and
implementation;
(D) assurances that the project will be implemented
in consultation with relevant wildlife management
authorities, Indian Tribes, and other appropriate
government officials;
(E) evidence of free, informed, and prior consent
by indigenous communities in the areas in which the
project will be conducted, if the Secretary determines
that the consent is required for the success of the
project;
(F) demonstrated sensitivity to--
(i) local historic and cultural resources;
and
(ii) compliance with applicable laws;
(G) information that demonstrates the potential of
the project to contribute to the conservation of
butterfly populations in North America;
(H) evidence of support for the project by
appropriate governmental entities of the countries,
Indian Tribes, and indigenous communities in which the
project will be conducted, if the Secretary determines
that the support is required for the success of the
project;
(I) information regarding the source and amount of
any matching funding available for the project; and
(J) such other information as the Secretary may
require.
(c) Project Review and Approval.--
(1) In general.--The Secretary shall--
(A) not later than 30 days after receiving a
project proposal, provide a copy of the proposal to
other Federal officials, as appropriate; and
(B) review each project proposal in a timely manner
to determine whether the proposal meets the criteria
described in paragraph (3).
(2) Consultation; approval or disapproval.--Subject to the
availability of funds, not later than 180 days after receiving
a project proposal, the Secretary, after consulting with other
Federal officials, as appropriate, shall--
(A) consult with the government of each country in
which the project is to be carried out regarding the
proposal;
(B) after taking into consideration any comments
resulting from the consultation under subparagraph (A),
approve or disapprove the project proposal; and
(C) provide written notification of the approval or
disapproval of the project proposal to--
(i) the person that submitted the project
proposal;
(ii) other appropriate Federal officials;
and
(iii) each country described in
subparagraph (A).
(3) Criteria for approval.--
(A) In general.--The Secretary may approve a
project proposal under this section if the project will
help recover and sustain viable populations of
butterflies in the wild by assisting efforts in North
America to implement butterfly conservation programs.
(B) Priority.--In determining whether to approve a
project proposal under this section, the Secretary
shall give the highest priority to projects that
conserve species listed as threatened species or
endangered species under the Endangered Species Act of
1973 (16 U.S.C. 1531 et seq.).
(C) Preferences.--In determining whether to approve
a project proposal under this section, the Secretary,
to the maximum extent practicable, shall give
preference to--
(i) conservation projects that are designed
to ensure effective, long-term conservation of
butterflies and butterfly habitats; and
(ii) projects for which matching funds are
available.
(D) Waiver.--The Secretary may waive the
application of subparagraphs (B) and (C) if the
Secretary determines that the waiver is necessary to
support a conservation project that the Secretary has
identified as being of high priority.
(d) Project Reporting.--
(1) In general.--Each person that receives assistance for a
project under this section shall submit to the Secretary, at
such intervals as the Secretary may require, periodic reports
that include all information that the Secretary, after
consultation with other Federal Government officials,
determines is necessary to evaluate the progress and success of
the project for the purposes of ensuring positive results,
assessing problems, and fostering improvements.
(2) Availability to the public.--Each report under
paragraph (1) and any other document relating to a project for
which financial assistance is provided under this title shall
be made available to the public in a timely manner.
SEC. 105. NORTH AMERICA BUTTERFLY CONSERVATION FUND.
(a) Establishment.--There is established in the Treasury of the
United States a separate account, to be known as the ``North America
Butterfly Conservation Fund'', consisting of--
(1) amounts transferred to the Secretary of the Treasury
for deposit into the Fund under subsection (e);
(2) amounts appropriated to the Fund under section 107; and
(3) any interest earned on investment of amounts in the
Fund under subsection (c).
(b) Expenditures From Fund.--
(1) In general.--Subject to paragraph (2), at the request
of the Secretary, the Secretary of the Treasury shall transfer
from the Fund to the Secretary, without further appropriation,
such amounts as the Secretary determines are necessary to carry
out section 104.
(2) Administrative expenses.--To pay the administrative
expenses necessary to carry out this title in a fiscal year,
the Secretary may expend from the Fund not more than the
greater of--
(A) 3 percent of the amounts in the Fund that are
available for the fiscal year; and
(B) $80,000.
(c) Investment of Amounts.--
(1) In general.--The Secretary of the Treasury shall invest
the portion of the Fund that is not, in the judgment of the
Secretary of the Treasury, required to meet current
withdrawals.
(2) Requirement.--Investments under paragraph (1) may be
made only in interest-bearing obligations of the United States.
(3) Acquisition of obligations.--For the purpose of
investments under paragraph (1), obligations of the United
States may be acquired--
(A) on original issue at the issue price; or
(B) by purchase of outstanding obligations at
market price.
(4) Sale of obligations.--Any obligation of the United
States acquired by the Fund may be sold by the Secretary of the
Treasury at market price.
(5) Credits to fund.--The interest on, and the proceeds
from the sale or redemption of, any obligations held in the
Fund shall be credited to and form a part of the Fund.
(d) Transfers of Amounts.--
(1) In general.--Not less frequently than monthly, the
Secretary of the Treasury shall transfer from the general fund
of the Treasury to the Fund the amounts required to be
transferred to the Fund under this section on the basis of
estimates made by the Secretary of the Treasury.
(2) Adjustments.--In carrying out paragraph (1), the
Secretary of the Treasury shall make proper adjustments in
amounts transferred to the Fund to the extent that prior
estimates were in excess of or less than the amounts required
to be transferred under this section.
(e) Acceptance and Use of Donations.--
(1) In general.--The Secretary may accept for the
Government, and shall transfer to the Secretary of the Treasury
for deposit into the Fund, a gift to provide assistance under
section 104 of--
(A) money;
(B) an obligation of the Government included in the
public debt made only on the condition that the
obligation be canceled and retired and not reissued; or
(C) any other intangible personal property made
only on the condition that the property is sold on the
best terms available and the proceeds are deposited in
the Fund.
(2) Discretion to reject a gift.--The Secretary may reject
a gift under this subsection when the rejection is in the
interest of the Government, as determined by the Secretary.
(3) Taxes.--If a gift received under this subsection is
subject to a gift or inheritance tax, the Secretary may pay the
tax out of the proceeds of the gift or the proceeds of the
redemption or sale of the gift.
SEC. 106. REPORT TO CONGRESS.
(a) In General.--Not later than January 31 of each year, the
Secretary shall submit to Congress a report regarding the Fund and the
status of butterflies in North America.
(b) Requirements.--Each report under subsection (a) shall include,
for the year covered by the report, a description of--
(1) the total amounts deposited into and expended from the
Fund;
(2) the costs associated with the administration of the
Fund;
(3) a summary of the projects for which the Secretary has
provided assistance under section 104 and an evaluation of
those projects; and
(4) an evaluation of the status of threatened and
endangered butterfly populations in North America.
SEC. 107. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Fund $5,000,000 for
each of fiscal years 2021 through 2026.
TITLE II--PACIFIC ISLANDS PLANT CONSERVATION FUND ACT OF 2021
SEC. 201. SHORT TITLE.
This title may be cited as the ``Pacific Islands Plant Conservation
Fund Act of 2021''.
SEC. 202. PURPOSE.
The purpose of this title is to assist in the conservation of
threatened and endangered plant species in the Hawaiian Islands and the
Pacific Island Territories of the United States by supporting and
providing financial resources for projects--
(1) to conserve plant species;
(2) to conserve the ecosystems of those plant species; and
(3) to address other threats to the survival of those plant
species.
SEC. 203. DEFINITIONS.
In this title:
(1) Conservation.--The term ``conservation'' means the use
of all methods and procedures necessary to protect plants in
the Pacific Islands, including--
(A) protection, restoration, and management of
ecosystems;
(B) onsite research and monitoring of--
(i) plant populations;
(ii) plant ecosystems;
(iii) annual plant reproduction; and
(iv) plant population trends;
(C) assistance in the development, implementation,
and improvement of management plans;
(D) enforcement and implementation of applicable
conservation laws; and
(E) community outreach and education.
(2) Fund.--The term ``Fund'' means the Pacific Islands
Plant Conservation Fund established by section 205(a).
(3) Pacific islands.--The term ``Pacific Islands'' means--
(A) the Hawaiian Islands; and
(B) the United States territories of--
(i) Guam;
(ii) American Samoa; and
(iii) the Commonwealth of the Northern
Mariana Islands.
SEC. 204. PACIFIC ISLANDS PLANT CONSERVATION ASSISTANCE.
(a) Assistance.--
(1) In general.--Subject to the availability of funds, and
in consultation with other Federal officials, the Secretary of
the Interior shall provide competitive financial assistance,
including multiyear grants, for projects for the conservation
of plant species on the Pacific Islands and for which a project
proposal is approved by the Secretary under subsection (c).
(2) Use of existing authorities.--Assistance provided under
this section shall be carried out in a manner consistent with
authorities available to the Secretary under the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.).
(b) Project Proposals.--
(1) Eligible applicants.--A project proposal may be
submitted to the Secretary under this section by--
(A) a relevant State, territory, or Tribal agency
with the research expertise required for the
conservation of plant species on the Pacific Islands;
and
(B) any other individual or entity, as determined
appropriate by the Secretary, with the expertise
required for the conservation of plant species on the
Pacific Islands.
(2) Federal partnership opportunities.--
(A) In general.--A Federal agency may be included
as a partner or a collaborator on a project that
receives funding under this section.
(B) Prohibition.--A Federal agency may not--
(i) be a lead entity on a project that
receives funding under this section; or
(ii) receive funding for a project under
this section.
(3) Required elements.--A project proposal shall include--
(A) a statement of the purposes of the project;
(B) the name of the entity or individual with
overall responsibility for the project;
(C) a description of--
(i) the qualifications of the entity or
individuals that will carry out the project;
(ii) methods for project implementation and
outcome assessment;
(iii) staffing and stakeholder engagement
for the project;
(iv) the logistics of the project,
including cost estimates and timelines;
(v) anticipated outcomes of the project;
(vi) mechanisms to ensure adequate local
public participation in project development and
implementation; and
(vii) how the project will promote
sustainable, effective, long-term programs to
conserve plant populations on the Pacific
Islands;
(D) demonstrated sensitivity to--
(i) local historic and cultural resources;
and
(ii) compliance with applicable laws;
(E) assurances that the project will be implemented
in consultation with relevant wildlife management
authorities, Indian Tribes, and other appropriate
government officials;
(F) information that demonstrates the clear
potential of the project to contribute to the
conservation of threatened and endangered plant species
on the Pacific Islands;
(G) information regarding the source and amount of
any matching funding available for the project; and
(H) such other information as the Secretary may
require.
(c) Project Review and Approval.--
(1) In general.--The Secretary shall--
(A) not later than 30 days after receiving a
project proposal, provide a copy of the proposal to
other Federal officials, as appropriate; and
(B) review each project proposal in a timely manner
to determine whether the proposal meets the criteria
described in paragraph (3).
(2) Consultation; approval or disapproval.--Subject to the
availability of funds, not later than 180 days after receiving
a project proposal, the Secretary, after consulting with other
Federal officials, as appropriate, shall--
(A) consult with the government of the State or
territory in which the project is to be carried out
regarding the proposal; and
(B) provide written notification of the approval or
disapproval of the proposal to--
(i) the individual or entity that submitted
the project proposal;
(ii) other appropriate Federal officials;
and
(iii) each State or territory described in
subparagraph (A).
(3) Criteria for approval.--
(A) In general.--The Secretary may approve a
project proposal under this section if the project will
help recover and sustain viable populations of
threatened and endangered plants by assisting efforts
on the Pacific Islands to implement plant conservation
programs.
(B) Priority.--In determining whether to approve a
project proposal under this section, the Secretary
shall give the highest priority to projects that
conserve species listed as threatened species or
endangered species under the Endangered Species Act of
1973 (16 U.S.C. 1531 et seq.).
(C) Preferences.--In determining whether to approve
a project proposal under this section, the Secretary,
to the maximum extent practicable, shall give
preference to--
(i) conservation projects that are designed
to ensure effective, long-term conservation of
plants and plant ecosystems; and
(ii) projects for which matching funds are
available.
(D) Waiver.--The Secretary may waive the
application of subparagraphs (B) and (C) if the
Secretary determines that the waiver is necessary to
support a conservation project that the Secretary has
identified as being of high priority.
(d) Project Reporting.--
(1) In general.--Each individual or entity that receives
assistance for a project under this section shall submit to the
Secretary, at such intervals as the Secretary may require,
periodic reports that include all information that the
Secretary, after consultation with other government officials,
determines is necessary to evaluate the progress and success of
the project for the purposes of ensuring positive results,
assessing problems, and fostering improvements.
(2) Availability to the public.--Each report under
paragraph (1) and any other document relating to a project for
which financial assistance is provided under this title shall
be made available to the public in a timely manner.
SEC. 205. PACIFIC ISLANDS PLANT CONSERVATION FUND.
(a) Establishment.--There is established in the Treasury of the
United States a separate account, to be known as the ``Pacific Islands
Plant Conservation Fund'', consisting of--
(1) amounts transferred to the Secretary of the Treasury
for deposit into the Fund under subsection (e);
(2) amounts appropriated to the Fund under section 207; and
(3) any interest earned on investment of amounts in the
Fund under subsection (c).
(b) Expenditures From Fund.--
(1) In general.--Subject to paragraph (2), at the request
of the Secretary, the Secretary of the Treasury shall transfer
from the Fund to the Secretary, without further appropriation,
such amounts as the Secretary determines are necessary to carry
out section 204.
(2) Administrative expenses.--To pay the administrative
expenses necessary to carry out this title in a fiscal year,
the Secretary may expend from the Fund not more than the
greater of--
(A) 3 percent of the amounts in the Fund that are
available for the fiscal year; and
(B) $80,000.
(c) Investment of Amounts.--
(1) In general.--The Secretary of the Treasury shall invest
the portion of the Fund that is not, in the judgment of the
Secretary of the Treasury, required to meet current
withdrawals.
(2) Requirement.--Investments under paragraph (1) may be
made only in interest-bearing obligations of the United States.
(3) Acquisition of obligations.--For the purpose of
investments under paragraph (1), obligations of the United
States may be acquired--
(A) on original issue at the issue price; or
(B) by purchase of outstanding obligations at
market price.
(4) Sale of obligations.--Any obligation of the United
States acquired by the Fund may be sold by the Secretary of the
Treasury at market price.
(5) Credits to fund.--The interest on, and the proceeds
from the sale or redemption of, any obligations held in the
Fund shall be credited to and form a part of the Fund.
(d) Transfers of Amounts.--
(1) In general.--Not less frequently than monthly, the
Secretary of the Treasury shall transfer from the general fund
of the Treasury to the Fund the amounts required to be
transferred to the Fund under this section on the basis of
estimates made by the Secretary of the Treasury.
(2) Adjustments.--In carrying out paragraph (1), the
Secretary of the Treasury shall make proper adjustments in
amounts transferred to the Fund to the extent that prior
estimates were in excess of or less than the amounts required
to be transferred under this section.
(e) Acceptance and Use of Donations.--
(1) In general.--The Secretary may accept for the
Government, and shall transfer to the Secretary of the Treasury
for deposit into the Fund, a gift to provide assistance under
section 204 of--
(A) money;
(B) an obligation of the Government included in the
public debt made only on the condition that the
obligation be canceled and retired and not reissued; or
(C) any other intangible personal property made
only on the condition that the property is sold on the
best terms available and the proceeds are deposited in
the Fund.
(2) Discretion to reject a gift.--The Secretary may reject
a gift under this subsection when the rejection is in the
interest of the Government, as determined by the Secretary.
(3) Taxes.--If a gift received under this subsection is
subject to a gift or inheritance tax, the Secretary may pay the
tax out of the proceeds of the gift or the proceeds of the
redemption or sale of the gift.
SEC. 206. REPORT TO CONGRESS.
(a) In General.--Not later than January 31 of each year, the
Secretary shall submit to Congress a report regarding the Fund and the
status of threatened and endangered plant species on the Pacific
Islands.
(b) Requirements.--Each report under subsection (a) shall include,
for the year covered by the report, a description of--
(1) the total amounts deposited into and expended from the
Fund;
(2) the costs associated with the administration of the
Fund;
(3) a summary of the projects for which the Secretary has
provided assistance under section 204 and an evaluation of
those projects; and
(4) an evaluation of the status of threatened and
endangered plant populations on the Pacific Islands.
SEC. 207. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Fund $5,000,000 for
each of fiscal years 2021 through 2026.
TITLE III--FRESHWATER MUSSEL CONSERVATION FUND ACT OF 2021
SEC. 301. SHORT TITLE.
This title may be cited as the ``Freshwater Mussel Conservation
Fund Act of 2021''.
SEC. 302. PURPOSE.
The purpose of this title is to assist in the conservation of
threatened and endangered freshwater mussel species and the habitats of
those species in the United States by supporting and providing
financial resources for projects--
(1) to conserve freshwater mussel species;
(2) to conserve the habitats of those species; and
(3) to address other threats to the survival of those
species.
SEC. 303. DEFINITIONS.
In this title:
(1) Conservation.--The term ``conservation'' means the use
of all methods and procedures necessary to protect habitats of
freshwater mussel species in the United States and the
freshwater mussel species in those habitats, including--
(A) protection, restoration, and management of the
habitats;
(B) onsite research and monitoring of--
(i) freshwater mussel populations;
(ii) freshwater mussel habitats;
(iii) annual freshwater mussel
reproduction; and
(iv) freshwater mussel species population
trends;
(C) assistance in the development, implementation,
and improvement of national and regional management
plans;
(D) enforcement and implementation of applicable
conservation laws; and
(E) community outreach and education.
(2) Freshwater mussel.--The term ``freshwater mussel''
means any member of the order Unioinida.
(3) Fund.--The term ``Fund'' means the Freshwater Mussel
Conservation Fund established by section 305(a).
SEC. 304. FRESHWATER MUSSEL CONSERVATION ASSISTANCE.
(a) Assistance.--
(1) In general.--Subject to the availability of funds, and
in consultation with other Federal officials, the Secretary
shall provide competitive financial assistance, including
multiyear grants, for projects for the conservation of
freshwater mussels in the United States and for which a project
proposal is approved by the Secretary under subsection (c).
(2) Use of existing authorities.--Assistance provided under
this section shall be carried out in a manner consistent with
authorities available to the Secretary under the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.).
(b) Project Proposals.--
(1) Eligible applicants.--A project proposal may be
submitted to the Secretary under this section by--
(A) a relevant State or Tribal agency, research
institution, or nonprofit organization with the
expertise required for the conservation of freshwater
mussels in the United States; and
(B) any other individual or entity, as determined
appropriate by the Secretary, with the expertise
required for the conservation of freshwater mussels in
the United States.
(2) Federal partnership opportunities.--
(A) In general.--A Federal agency may be included
as a partner or a collaborator on a project that
receives funding under this section.
(B) Prohibition.--A Federal agency may not--
(i) be a lead entity on a project that
receives funding under this section; or
(ii) receive funding for a project under
this section.
(3) Required elements.--A project proposal shall include--
(A) a statement of the purposes of the project;
(B) the name of the entity or individual with
overall responsibility for the project;
(C) a description of--
(i) the qualifications of the entity or
individuals that will carry out the project;
(ii) methods for project implementation and
outcome assessment;
(iii) staffing and stakeholder engagement
for the project;
(iv) the logistics of the project,
including cost estimates and timelines;
(v) anticipated outcomes of the project;
(vi) mechanisms to ensure adequate local
public participation in project development and
implementation; and
(vii) how the project will promote
sustainable, effective, long-term programs to
conserve freshwater mussel populations in the
United States;
(D) demonstrated sensitivity to--
(i) local historic and cultural resources;
and
(ii) compliance with applicable laws;
(E) assurances that the project will be implemented
in consultation with relevant wildlife management
authorities, Indian Tribes, and other appropriate
government officials;
(F) information that demonstrates the clear
potential of the project to contribute to the
conservation of freshwater mussels in the United
States;
(G) information regarding the source and amount of
any matching funding available for the project; and
(H) such other information as the Secretary may
require.
(c) Project Review and Approval.--
(1) In general.--The Secretary shall annually--
(A) solicit project proposals for grants under this
section;
(B) provide to other Federal officials, as
appropriate, copies of each proposal submitted in
response to the solicitation; and
(C) review, on a timeline that recognizes the
urgency of the declining number of freshwater mussel
species in the United States, each project proposal
submitted in response to the solicitation to determine
whether the proposal meets the criteria described in
paragraph (3).
(2) Consultation; approval or disapproval.--Subject to the
availability of funds, for each project proposal submitted to
the Secretary under this section, the Secretary, after
consulting with other Federal officials, as appropriate,
shall--
(A) consult with the government of each State and
territory in which the project is to be carried out
regarding the proposal; and
(B) provide written notification of the approval or
disapproval of the project proposal to--
(i) the individual or entity that submitted
the project proposal;
(ii) other appropriate Federal officials;
and
(iii) each State and territory described in
subparagraph (A).
(3) Criteria for approval.--
(A) In general.--The Secretary may approve a
project proposal under this section if the project
shows promise for contributing to recovering and
sustaining wild freshwater mussel populations in the
United States.
(B) Priority.--In determining whether to approve a
project proposal under this section, the Secretary
shall give the highest priority to projects that
conserve species listed as threatened species or
endangered species under the Endangered Species Act of
1973 (16 U.S.C. 1531 et seq.).
(C) Preferences.--In determining whether to approve
a project proposal under this section, the Secretary,
to the maximum extent practicable, shall give
preference to--
(i) conservation projects that are designed
to ensure effective, long-term conservation of
freshwater mussels and freshwater mussel
habitats; and
(ii) projects for which matching funds are
available.
(D) Waiver.--The Secretary may waive the
application of subparagraphs (B) and (C) if the
Secretary determines that the waiver is necessary to
support a conservation project that the Secretary has
identified as being of high priority.
(d) Project Reporting.--
(1) In general.--Each individual or entity that receives
assistance for a project under this section shall submit to the
Secretary, at such intervals as the Secretary may require,
periodic reports that include all information that the
Secretary, after consultation with other government officials,
determines is necessary to evaluate the progress and success of
the project for the purposes of ensuring positive results,
assessing problems, and fostering improvements.
(2) Availability to the public.--Each report under
paragraph (1) and any other document relating to a project for
which financial assistance is provided under this title shall
be made available to the public in a timely manner.
SEC. 305. FRESHWATER MUSSEL CONSERVATION FUND.
(a) Establishment.--There is established in the Treasury of the
United States a separate account, to be known as the ``Freshwater
Mussel Conservation Fund'', consisting of--
(1) amounts transferred to the Secretary of the Treasury
for deposit into the Fund under subsection (e);
(2) amounts appropriated to the Fund under section 307; and
(3) any interest earned on investment of amounts in the
Fund under subsection (c).
(b) Expenditures From Fund.--
(1) In general.--Subject to paragraph (2), at the request
of the Secretary, the Secretary of the Treasury shall transfer
from the Fund to the Secretary, without further appropriation,
such amounts as the Secretary determines are necessary to carry
out section 304.
(2) Administrative expenses.--To pay the administrative
expenses necessary to carry out this title in a fiscal year,
the Secretary may expend from the Fund not more than the
greater of--
(A) 3 percent of the amounts in the Fund that are
available for the fiscal year; and
(B) $80,000.
(c) Investment of Amounts.--
(1) In general.--The Secretary of the Treasury shall invest
the portion of the Fund that is not, in the judgment of the
Secretary of the Treasury, required to meet current
withdrawals.
(2) Requirement.--Investments under paragraph (1) may be
made only in interest-bearing obligations of the United States.
(3) Acquisition of obligations.--For the purpose of
investments under paragraph (1), obligations of the United
States may be acquired--
(A) on original issue at the issue price; or
(B) by purchase of outstanding obligations at
market price.
(4) Sale of obligations.--Any obligation of the United
States acquired by the Fund may be sold by the Secretary of the
Treasury at market price.
(5) Credits to fund.--The interest on, and the proceeds
from the sale or redemption of, any obligations held in the
Fund shall be credited to and form a part of the Fund.
(d) Transfers of Amounts.--
(1) In general.--Not less frequently than monthly, the
Secretary of the Treasury shall transfer from the general fund
of the Treasury to the Fund the amounts required to be
transferred to the Fund under this section on the basis of
estimates made by the Secretary of the Treasury.
(2) Adjustments.--In carrying out paragraph (1), the
Secretary of the Treasury shall make proper adjustments in
amounts transferred to the Fund to the extent that prior
estimates were in excess of or less than the amounts required
to be transferred under this section.
(e) Acceptance and Use of Donations.--
(1) In general.--The Secretary may accept for the
Government, and shall transfer to the Secretary of the Treasury
for deposit into the Fund, a gift to provide assistance under
section 304 of--
(A) money;
(B) an obligation of the Government included in the
public debt made only on the condition that the
obligation be canceled and retired and not reissued; or
(C) any other intangible personal property made
only on the condition that the property is sold on the
best terms available and the proceeds are deposited in
the Fund.
(2) Discretion to reject a gift.--The Secretary may reject
a gift under this subsection when the rejection is in the
interest of the Government, as determined by the Secretary.
(3) Taxes.--If a gift received under this subsection is
subject to a gift or inheritance tax, the Secretary may pay the
tax out of the proceeds of the gift or the proceeds of the
redemption or sale of the gift.
SEC. 306. REPORT TO CONGRESS.
(a) In General.--Not later than January 31 of each year, the
Secretary shall submit to Congress a report regarding the Fund and the
status of freshwater mussels in the United States.
(b) Requirements.--Each report under subsection (a) shall include,
for the year covered by the report, a description of--
(1) the total amounts deposited into and expended from the
Fund;
(2) the costs associated with the administration of the
Fund;
(3) a summary of the projects for which the Secretary has
provided assistance under section 304 and an evaluation of
those projects; and
(4) an evaluation of the status of threatened and
endangered freshwater mussel populations in the United States.
SEC. 307. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Fund $5,000,000 for
each of fiscal years 2021 through 2026.
TITLE IV--SOUTHWEST DESERT FISH CONSERVATION FUND ACT OF 2021
SEC. 401. SHORT TITLE.
This title may be cited as the ``Southwest Desert Fish Conservation
Fund Act of 2021''.
SEC. 402. PURPOSE.
The purpose of this title is to assist in the conservation of
threatened and endangered desert fish species and the habitats of those
species in the Southwest by supporting and providing financial
resources for projects--
(1) to conserve desert fish species;
(2) to conserve the habitats of desert fish species; and
(3) to address other threats to the survival of desert fish
species.
SEC. 403. DEFINITIONS.
In this title:
(1) Conservation.--The term ``conservation'' means the use
of all methods and procedures necessary to protect habitats of
desert fish species in the Southwest and the desert fish
species in those habitats, including--
(A) protection, restoration, and management of the
habitats;
(B) onsite research and monitoring of--
(i) desert fish populations;
(ii) desert fish habitats;
(iii) annual desert fish reproduction; and
(iv) desert fish species population trends;
(C) assistance in the development, implementation,
and improvement of national and regional management
plans;
(D) enforcement and implementation of applicable
conservation laws; and
(E) community outreach and education.
(2) Desert fish.--The term ``desert fish'' means any member
of the class Osteichthyes living in a desert ecosystem.
(3) Fund.--The term ``Fund'' means the Southwest Desert
Fish Conservation Fund established by section 405(a).
(4) Southwest.--The term ``Southwest'' means the States
of--
(A) Arizona;
(B) California;
(C) Colorado;
(D) Nevada;
(E) New Mexico;
(F) Oregon; and
(G) Utah.
SEC. 404. SOUTHWEST DESERT FISH CONSERVATION ASSISTANCE.
(a) Assistance.--
(1) In general.--Subject to the availability of funds, and
in consultation with other Federal officials, the Secretary
shall provide competitive financial assistance, including
multiyear grants, for projects for the conservation of desert
fish species in the Southwest and for which a project proposal
is approved by the Secretary under subsection (c).
(2) Use of existing authorities.--Assistance provided under
this section shall be carried out in a manner consistent with
authorities available to the Secretary under the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.).
(b) Project Proposals.--
(1) Eligible applicants.--A project proposal may be
submitted to the Secretary under this section by--
(A) a relevant State or Tribal agency, research
institution, or nonprofit organization with expertise
required for the conservation of desert fish species in
the Southwest; and
(B) any other individual or entity, as determined
appropriate by the Secretary, with the expertise
required for the conservation of desert fish species in
the Southwest.
(2) Federal partnership opportunities.--
(A) In general.--A Federal agency may be included
as a partner or a collaborator on a project that
receives funding under this section.
(B) Prohibition.--A Federal agency may not--
(i) be a lead entity on a project that
receives funding under this section; or
(ii) receive funding for a project under
this section.
(3) Required elements.--A project proposal shall include--
(A) a statement of the purposes of the project;
(B) the name of the entity or individual with
overall responsibility for the project;
(C) a description of--
(i) the qualifications of the entity or
individuals that will carry out the project;
(ii) methods for project implementation and
outcome assessment;
(iii) staffing and stakeholder engagement
for the project;
(iv) the logistics of the project,
including cost estimates and timelines;
(v) anticipated outcomes of the project;
(vi) mechanisms to ensure adequate local
public participation in project development and
implementation; and
(vii) how the project will promote
sustainable, effective, long-term programs to
conserve desert fish populations in the
Southwest;
(D) demonstrated sensitivity to--
(i) local historic and cultural resources;
and
(ii) compliance with applicable laws;
(E) assurances that the project will be implemented
in consultation with relevant wildlife management
authorities, Indian Tribes, and other appropriate
government officials;
(F) information that demonstrates the clear
potential of the project to contribute to the
conservation of desert fish populations in the
Southwest;
(G) information regarding the source and amount of
any matching funding available for the project; and
(H) such other information as the Secretary may
require.
(c) Project Review and Approval.--
(1) In general.--The Secretary shall annually--
(A) solicit project proposals for grants under this
section;
(B) provide to other Federal officials, as
appropriate, copies of each proposal submitted in
response to the solicitation; and
(C) review, on a timeline that recognizes the
urgency of the declining number of desert fish species
in the Southwest, each project proposal submitted in
response to the solicitation to determine whether the
proposal meets the criteria specified in paragraph (3).
(2) Consultation; approval or disapproval.--Subject to the
availability of funds, for each project proposal submitted
under this section, the Secretary, after consulting with other
Federal officials, as appropriate, shall--
(A) consult with the government of each State in
which the project is to be carried out regarding the
proposal; and
(B) provide written notification of the approval or
disapproval of the project proposal to--
(i) the individual or entity that submitted
the project proposal;
(ii) other appropriate Federal officials;
and
(iii) each State described in subparagraph
(A).
(3) Criteria for approval.--
(A) In general.--The Secretary may approve a
project proposal under this section if the project
shows promise for contributing to recovering and
sustaining wild desert fish populations in the
Southwest.
(B) Priority.--In determining whether to approve a
project proposal under this section, the Secretary
shall give the highest priority to projects that
conserve species listed as threatened species or
endangered species under the Endangered Species Act of
1973 (16 U.S.C. 1531 et seq.).
(C) Preferences.--In determining whether to approve
a project proposal under this section, the Secretary,
to the maximum extent practicable, shall give
preference to--
(i) conservation projects that are designed
to ensure effective, long-term conservation of
desert fish and desert fish habitats; and
(ii) projects for which matching funds are
available.
(D) Waiver.--The Secretary may waive the
application of subparagraphs (B) and (C) if the
Secretary determines that the waiver is necessary to
support a conservation project that the Secretary has
identified as being of high priority.
(d) Project Reporting.--
(1) In general.--Each individual or entity that receives
assistance for a project under this section shall submit to the
Secretary, at such intervals as the Secretary may require,
periodic reports that include all information that the
Secretary, after consultation with other government officials,
determines is necessary to evaluate the progress and success of
the project for the purposes of ensuring positive results,
assessing problems, and fostering improvements.
(2) Availability to the public.--Each report under
paragraph (1) and any other document relating to a project for
which financial assistance is provided under this title shall
be made available to the public in a timely manner.
SEC. 405. SOUTHWEST DESERT FISH CONSERVATION FUND.
(a) Establishment.--There is established in the Treasury of the
United States a separate account, to be known as the ``Southwest Desert
Fish Conservation Fund'', consisting of--
(1) amounts transferred to the Secretary of the Treasury
for deposit into the Fund under subsection (e);
(2) amounts appropriated to the Fund under section 407; and
(3) any interest earned on investment of amounts in the
Fund under subsection (c).
(b) Expenditures From Fund.--
(1) In general.--Subject to paragraph (2), at the request
of the Secretary, the Secretary of the Treasury shall transfer
from the Fund to the Secretary, without further appropriation,
such amounts as the Secretary determines are necessary to carry
out section 404.
(2) Administrative expenses.--To pay the administrative
expenses necessary to carry out this title in a fiscal year,
the Secretary may expend from the Fund not more than the
greater of--
(A) 3 percent of the amounts in the Fund that are
available for the fiscal year; and
(B) $80,000.
(c) Investment of Amounts.--
(1) In general.--The Secretary of the Treasury shall invest
the portion of the Fund that is not, in the judgment of the
Secretary of the Treasury, required to meet current
withdrawals.
(2) Requirement.--Investments under paragraph (1) may be
made only in interest-bearing obligations of the United States.
(3) Acquisition of obligations.--For the purpose of
investments under paragraph (1), obligations of the United
States may be acquired--
(A) on original issue at the issue price; or
(B) by purchase of outstanding obligations at
market price.
(4) Sale of obligations.--Any obligation of the United
States acquired by the Fund may be sold by the Secretary of the
Treasury at market price.
(5) Credits to fund.--The interest on, and the proceeds
from the sale or redemption of, any obligations held in the
Fund shall be credited to and form a part of the Fund.
(d) Transfers of Amounts.--
(1) In general.--Not less frequently than monthly, the
Secretary of the Treasury shall transfer from the general fund
of the Treasury to the Fund the amounts required to be
transferred to the Fund under this section on the basis of
estimates made by the Secretary of the Treasury.
(2) Adjustments.--In carrying out paragraph (1), the
Secretary of the Treasury shall make proper adjustments in
amounts transferred to the Fund to the extent that prior
estimates were in excess of or less than the amounts required
to be transferred under this section.
(e) Acceptance and Use of Donations.--
(1) In general.--The Secretary may accept for the
Government, and shall transfer to the Secretary of the Treasury
for deposit into the Fund, a gift to provide assistance under
section 404 of--
(A) money;
(B) an obligation of the Government included in the
public debt made only on the condition that the
obligation be canceled and retired and not reissued; or
(C) any other intangible personal property made
only on the condition that the property is sold on the
best terms available and the proceeds are deposited in
the Fund.
(2) Discretion to reject a gift.--The Secretary may reject
a gift under this subsection when the rejection is in the
interest of the Government, as determined by the Secretary.
(3) Taxes.--If a gift received under this subsection is
subject to a gift or inheritance tax, the Secretary may pay the
tax out of the proceeds of the gift or the proceeds of the
redemption or sale of the gift.
SEC. 406. REPORT TO CONGRESS.
(a) In General.--Not later than January 31 of each year, the
Secretary shall submit to Congress a report regarding the Fund and the
status of desert fish in the Southwest.
(b) Requirements.--Each report under subsection (a) shall include,
for the year covered by the report, a description of--
(1) the total amounts deposited into and expended from the
Fund;
(2) the costs associated with the administration of the
Fund;
(3) a summary of the projects for which the Secretary has
provided assistance under section 404 and an evaluation of
those projects; and
(4) an evaluation of the status of threatened and
endangered desert fish populations in the Southwest.
SEC. 407. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Fund $5,000,000 for
each of fiscal years 2021 through 2026.
<all>
Extinction Prevention Act of 2021
#1728 | S Congress #117
Policy Area: Environmental Protection
Last Action: Read twice and referred to the Committee on Environment and Public Works. (5/20/2021)
Bill Text Source: Congress.gov
Summary and Impacts
Original Text