S.Amdt. 6407

SA 6407. Mr. HEINRICH (for himself and Mr. Tillis) submitted an
amendment intended to be proposed by him to the bill S. 4784, to
authorize appropriations for fiscal year 2027 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:

At the end, add the following:

DIVISION E--RECOVERING AMERICA'S WILDLIFE ACT OF 2026

SEC. 5001. SHORT TITLE.

This division may be cited as the ``Recovering America's
Wildlife Act of 2026''.

SEC. 5002. STATEMENT OF PURPOSE.

The purpose of this division is to extend financial and
technical assistance to States, territories, the District of
Columbia, and Indian Tribes, including under the Pittman-
Robertson Wildlife Restoration Act (16 U.S.C. 669 et seq.),
for the purpose of avoiding the need to list species, or
recovering species currently listed as a threatened species
or an endangered species, under the Endangered Species Act of
1973 (16 U.S.C. 1531 et seq.) or under State law.

TITLE I--WILDLIFE CONSERVATION AND RESTORATION

SEC. 5101. WILDLIFE CONSERVATION AND RESTORATION SUBACCOUNT.

(a) In General.--Section 3 of the Pittman-Robertson
Wildlife Restoration Act (16 U.S.C. 669b) is amended in
subsection (c)--
(1) by redesignating paragraphs (2) and (3) as paragraphs
(9) and (10); and
(2) by striking paragraph (1) and inserting the following:
``(1) Establishment of subaccount.--
``(A) In general.--There is established in the fund a
subaccount to be known as the `Wildlife Conservation and
Restoration Subaccount' (referred to in this section as the
`Subaccount').
``(B) Availability.--Amounts in the Subaccount shall be
available without further appropriation, for each fiscal
year, for apportionment in accordance with this Act.
``(C) Deposits into subaccount.--The Secretary of the
Treasury shall transfer from the general fund of the Treasury
to the Subaccount--
``(i) for fiscal year 2028, $100,000,000;
``(ii) for fiscal year 2029, $300,000,000;
``(iii) for fiscal year 2030, $500,000,000;
``(iv) for fiscal year 2031, $700,000,000;
``(v) for fiscal year 2032, $900,000,000;
``(vi) for fiscal year 2033, $1,100,000,000; and
``(vii) for fiscal year 2034, and each fiscal year
thereafter, $1,300,000,000.
``(2) Supplement not supplant.--Amounts transferred to the
Subaccount shall supplement, but not replace, existing funds
available to the States from--
``(A) the funds distributed pursuant to the Dingell-Johnson
Sport Fish Restoration Act (16 U.S.C. 777 et seq.); and
``(B) the fund.
``(3) Innovation grants.--
``(A) In general.--Beginning in fiscal year 2028, the
Secretary shall distribute 10 percent of funds apportioned
from the Subaccount through a competitive grant program to
State fish and wildlife departments, the District of Columbia
fish and wildlife department, fish and wildlife departments
of territories, or to regional associations of fish and
wildlife departments (or any group composed of more than 1
such entity).

[[Page S3533]]

``(B) Purpose.--Such grants shall be provided for the
purpose of catalyzing innovation of techniques, tools,
strategies, or collaborative partnerships that accelerate,
expand, or replicate effective and measurable recovery
efforts for species of greatest conservation need and species
listed under the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.) and the habitats of such species.
``(C) Review committee.--The Secretary shall appoint a
review committee comprised of--
``(i) a State Director from each regional association of
State fish and wildlife departments;
``(ii) the head of a department responsible for fish and
wildlife management in a territory;
``(iii) one delegate from the United States Fish and
Wildlife Service, for the purpose of providing technical
assistance; and
``(iv) beginning in fiscal year 2028, four individuals
representing four different nonprofit organizations each of
which is actively participating in carrying out wildlife
conservation restoration activities using funds apportioned
from the Subaccount.
``(D) Support from united states fish and wildlife
service.--Using not more than 3 percent of the amounts
apportioned under subparagraph (A) to carry out a competitive
grant program, the United States Fish and Wildlife Service
shall provide any personnel or administrative support
services necessary for such committee to carry out its
responsibilities under this Act.
``(E) Evaluation.--Such committee shall evaluate each
proposal submitted under this paragraph and recommend
projects for funding, giving preference to solutions that
accelerate the recovery of species identified as priorities
through regional scientific assessments of species of
greatest conservation need.
``(4) Use of funds.--Funds apportioned from the Subaccount
shall be used for purposes consistent with section 5002 of
the Recovering America's Wildlife Act of 2026 and--
``(A) shall be used to implement the Wildlife Conservation
Strategy of a State, territory, or the District of Columbia,
as required under section 4(e), by carrying out, revising, or
enhancing existing wildlife and habitat conservation and
restoration programs and developing and implementing new
wildlife conservation and restoration programs to recover and
manage species of greatest conservation need and the key
habitats and plant community types essential to the
conservation of those species, as determined by the
appropriate State fish and wildlife department;
``(B) shall be used to develop, revise, and enhance the
Wildlife Conservation Strategy of a State, territory, or the
District of Columbia, as may be required by this Act;
``(C) shall be used to assist in the recovery of species
found in the State, territory, or the District of Columbia
that are listed as endangered species, threatened species,
candidate species or species proposed for listing, or species
petitioned for listing under the Endangered Species Act of
1973 (16 U.S.C. 1531 et seq.) or under State law;
``(D) may be used for wildlife conservation education and
wildlife-associated recreation projects;
``(E) may be used to manage a species of greatest
conservation need whose range is shared with another State,
territory, Indian Tribe, or foreign government and for the
conservation of the habitat of such species;
``(F) may be used to manage, control, and prevent invasive
species, disease, and other risks to species of greatest
conservation need; and
``(G) may be used for law enforcement activities that are
directly related to the protection and conservation of a
species of greatest conservation need and the habitat of such
species.
``(5) Minimum required spending for endangered species
recovery.--Not less than an average of 15 percent over a 5-
year period of amounts apportioned to a State, territory, or
the District of Columbia from the Subaccount shall be used
for purposes described in paragraph (4)(C). The Secretary may
reduce the minimum requirement of a State, territory, or the
District of Columbia on an annual basis if the Secretary
determines that the State, territory, or the District of
Columbia is meeting the conservation and recovery needs of
all species described in paragraph (4)(C).
``(6) Public access to private lands not required.--Funds
apportioned from the Subaccount shall not be conditioned upon
the provision of public access to private lands, waters, or
holdings.
``(7) Requirements for matching funds.--
``(A) For the purposes of the non-Federal fund matching
requirement for a wildlife conservation or restoration
program or project funded by the Subaccount, a State,
territory, or the District of Columbia may use as matching
non-Federal funds--
``(i) funds from Federal agencies other than the Department
of the Interior and the Department of Agriculture;
``(ii) donated private lands and waters, including
privately owned easements;
``(iii) in circumstances described in subparagraph (B),
revenue generated through the sale of State hunting and
fishing licenses; and
``(iv) other sources consistent with part 80 of title 50,
Code of Federal Regulations, in effect on the date of
enactment of the Recovering America's Wildlife Act of 2026.
``(B) Revenue described in subparagraph (A)(iii) may only
be used to fulfill the requirements of such non-Federal fund
matching requirement if--
``(i) no Federal funds apportioned to the State fish and
wildlife department of such State from the Wildlife
Restoration Program or the Sport Fish Restoration Program
have been reverted because of a failure to fulfill such non-
Federal fund matching requirement by such State during the
previous 2 years; and
``(ii) the project or program being funded benefits the
habitat of a hunted or fished species and a species of
greatest conservation need.
``(8) Definitions.--In this subsection, the following
definitions apply:
``(A) Partnerships.--The term `partnerships' may include
collaborative efforts with Federal agencies, State agencies,
local agencies, Indian Tribes, nonprofit organizations,
academic institutions, industry groups, and private
individuals to implement a State's Wildlife Conservation
Strategy.
``(B) Species of greatest conservation need.--The term
`species of greatest conservation need' may be any species or
subspecies, including terrestrial, semiaquatic, aquatic,
marine, and invertebrate species that are of low population,
declining, rare, or facing threats and in need of
conservation attention, as determined by each State fish and
wildlife department, with respect to funds apportioned to
such State.
``(C) Territory and territories.--The terms `territory' and
`territories' mean the Commonwealth of Puerto Rico, Guam,
American Samoa, the Commonwealth of the Northern Mariana
Islands, and the United States Virgin Islands.
``(D) Wildlife.--The term `wildlife' means any species of
wild, freeranging fauna, including fish, and also fauna in
captive breeding programs the object of which is to
reintroduce individuals of a depleted indigenous species into
previously occupied range.''.
(b) Allocation and Apportionment of Available Amounts.--
Section 4 of the Pittman-Robertson Wildlife Restoration Act
(16 U.S.C. 669c) is amended--
(1) in subsection (d)--
(A) in paragraph (1)--
(i) in subparagraph (A), by striking ``to the District of
Columbia and to the Commonwealth of Puerto Rico, each'' and
inserting ``To the District of Columbia'';
(ii) in subparagraph (B)--

(I) by striking ``to Guam'' and inserting ``To Guam''; and
(II) by striking ``not more than one-fourth of one
percent'' and inserting ``not less than one-third of one
percent''; and

(iii) by adding at the end the following:
``(C) To the Commonwealth of Puerto Rico, a sum equal to
not less than 1 percent thereof.'';
(B) in paragraph (2)(A)--
(i) by amending clause (i) to read as follows:
``(i) one-half of which is based on the ratio to which the
land and water area of such State bears to the total land and
water area of all such States;'';
(ii) in clause (ii)--

(I) by striking ``two-thirds'' and inserting ``one-
quarter''; and
(II) by striking the period and inserting ``; and''; and

(iii) by adding at the end the following:
``(iii) one-quarter of which is based upon the ratio to
which the number of species listed as endangered or
threatened under the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.) in such State bears to the total number
of such species listed in all such States.'';
(C) by amending paragraph (2)(B) to read as follows:
``(B) The amounts apportioned under this paragraph shall be
adjusted equitably so that no such State, unless otherwise
designated, shall be apportioned a sum which is less than 1
percent or more than 5 percent of the amount available for
apportionment under--
``(i) subparagraph (A)(i);
``(ii) subparagraph (A)(ii); and
``(iii) the overall amount available for subparagraph
(A).''; and
(D) in paragraph (3), by striking ``3 percent'' and
inserting ``1.85 percent'';
(2) in subsection (e)(4)--
(A) by amending subparagraph (B) to read as follows:
``(B) Not more than an average of 15 percent over a 5-year
period of amounts apportioned to each State, territory, or
the District of Columbia under this section for a wildlife
conservation and restoration program may be used for wildlife
conservation education and wildlife-associated recreation.'';
and
(B) by inserting after subparagraph (B), as so amended, the
following:
``(C) 5 percent of amounts apportioned to each State, each
territory, or the District of Columbia under this section for
a wildlife conservation and restoration program shall be
reserved for States and territories that include plants among
their species of greatest conservation need and in the
conservation planning and habitat prioritization efforts of
their Wildlife Conservation Strategy. Each eligible State,
territory, or the District of Columbia shall receive an
additional 5 percent of their apportioned amount. Any
unallocated resources shall be allocated proportionally among
all States and territories under the formulas of this
section.''; and
(3) by adding at the end following:

[[Page S3534]]

``(f) Minimization of Planning and Reporting.--Nothing in
this Act shall be interpreted to require a State to create a
comprehensive strategy related to conservation education or
outdoor recreation.
``(g) Accountability.--
``(1) In general.--Not more than one year after the date of
enactment of the Recovering America's Wildlife Act of 2026
and every 3 years thereafter, each State fish and wildlife
department shall submit a 3-year work plan and budget for
implementing its Wildlife Conservation Strategy and a report
describing the results derived from activities accomplished
under subsection (e) during the previous 3 years to the
United States Fish and Wildlife Service for review, which
shall summarize such findings and submit a report to--
``(A) the Committee on Environment and Public Works of the
Senate; and
``(B) the Committee on Natural Resources of the House of
Representatives.
``(2) Requirements.--The format of the 3-year work plans,
budgets, and reports required under paragraph (1) shall be
established by the United States Fish and Wildlife Service,
in consultation with the Association of Fish and Wildlife
Agencies.
``(3) Gao study.--Not later than 7 years after the date of
enactment of the Recovering America's Wildlife Act of 2026,
the Comptroller General of the United States shall conduct a
study to examine the progress of States, territories, the
District of Columbia, and Indian Tribes towards achieving the
purpose described in section 5002 of that Act.''.

SEC. 5102. TECHNICAL AMENDMENTS.

(a) Definitions.--Section 2 of the Pittman-Robertson
Wildlife Restoration Act (16 U.S.C. 669a) is amended--
(1) in paragraph (7), by striking ``including fish,''; and
(2) in paragraph (9), by inserting ``Indian Tribes,
academic institutions,'' before ``wildlife conservation
organizations''.
(b) Conforming Amendments.--The Pittman-Robertson Wildlife
Restoration Act (16 U.S.C. 669 et seq.) is amended--
(1) in section 3--
(A) in subsection (a)--
(i) by striking ``(1) An amount equal to'' and inserting
``An amount equal to''; and
(ii) by striking paragraph (2);
(B) in subsection (c)--
(i) in paragraph (9), as redesignated by section 101(a)(1),
by striking ``or an Indian tribe''; and
(ii) in paragraph (10), as redesignated by section
101(a)(1), by striking ``Wildlife Conservation and
Restoration Account'' and inserting ``Subaccount''; and
(C) in subsection (d), by striking ``Wildlife Conservation
and Restoration Account'' and inserting ``Subaccount'';
(2) in section 4 (16 U.S.C. 669c)--
(A) in subsection (d)--
(i) in the heading, by striking ``Account'' and inserting
``Subaccount''; and
(ii) by striking ``Account'' each place it appears and
inserting ``Subaccount''; and
(B) in subsection (e)(1), by striking ``Account'' and
inserting ``Subaccount''; and
(3) in section 8 (16 U.S.C. 669g), in subsection (a), by
striking ``Account'' and inserting ``Subaccount''.

SEC. 5103. SAVINGS CLAUSE.

The Pittman-Robertson Wildlife Restoration Act (16 U.S.C.
669 et seq.) is amended--
(1) by redesignating section 14 as section 16; and
(2) by inserting after section 13 the following:

``SEC. 14. SAVINGS CLAUSE.

``Nothing in this Act shall be construed to enlarge or
diminish the authority, jurisdiction, or responsibility of a
State to manage, control, or regulate fish and wildlife under
the law and regulations of the State on lands and waters
within the State, including on Federal lands and waters.

``SEC. 15. STATUTORY CONSTRUCTION WITH RESPECT TO ALASKA.

``If any conflict arises between any provision of this Act
and any provision of the Alaska National Interest Lands
Conservation Act (16 U.S.C. 3101 et seq.) or the Alaska
Native Claims Settlement Act (43 U.S.C. 1601 et seq.), then
the provision in the Alaska National Interest Lands
Conservation Act or the Alaska Native Claims Settlement Act
shall prevail.''.

TITLE II--TRIBAL WILDLIFE CONSERVATION AND RESTORATION

SEC. 5201. INDIAN TRIBES.

(a) Definitions.--In this section:
(1) Account.--The term ``Account'' means the Tribal
Wildlife Conservation and Restoration Account established by
subsection (b)(1).
(2) Indian tribe.--The term ``Indian Tribe'' has the
meaning given such term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(4) Tribal species of greatest conservation need.--The term
``Tribal species of greatest conservation need'' means any
species identified by an Indian Tribe as requiring
conservation management because of declining population,
habitat loss, or other threats, or because of their
biological or cultural importance to such Tribe.
(5) Wildlife.--The term ``wildlife'' means--
(A) any species of wild flora or fauna including fish and
marine mammals;
(B) flora or fauna in a captive breeding, rehabilitation,
and holding or quarantine program, the object of which is to
reintroduce individuals of a depleted indigenous species into
previously occupied range or to maintain a species for
conservation purposes; and
(C) does not include game farm animals.
(b) Tribal Wildlife Conservation and Restoration Account.--
(1) In general.--There is established in the Treasury an
account to be known as the ``Tribal Wildlife Conservation and
Restoration Account''.
(2) Availability.--Amounts in the Account shall be
available for each fiscal year without further appropriation
for apportionment in accordance with this title.
(3) Deposits into account.--Beginning in fiscal year 2028,
and for each fiscal year thereafter, the Secretary of the
Treasury shall transfer $97,500,000 from the general fund of
the Treasury to the Account.
(c) Distribution of Funds to Indian Tribes.--Each fiscal
year, the Secretary of the Treasury shall deposit funds into
the Account and distribute such funds through a
noncompetitive application process according to guidelines
and criteria, and reporting requirements determined by the
Secretary of the Interior, acting through the Director of the
Bureau of Indian Affairs, in consultation with Indian Tribes.
Such funds shall remain available until expended.
(d) Wildlife Management Responsibilities.--The distribution
guidelines and criteria described in subsection (c) shall be
based, in part, upon an Indian Tribe's wildlife management
responsibilities. Any funding allocated to an Indian Tribe in
Alaska may only be used in a manner consistent with the
Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.),
the Alaska National Interest Lands Conservation Act (16
U.S.C. 3101 et seq.), and Public Law 85-508 (commonly known
as the ``Alaska Statehood Act'') (48 U.S.C. note prec. 21).
Alaska Native Corporations or Tribes may enter into
cooperative agreements with the State of Alaska on
conservation projects of mutual concern.
(e) Use of Funds.--
(1) In general.--Except as provided in paragraph (2), the
Secretary may distribute funds from the Account to an Indian
Tribe for any of the following purposes:
(A) To develop, carry out, revise, or enhance wildlife
conservation and restoration programs to manage Tribal
species of greatest conservation need and the habitats of
such species, as determined by the Indian Tribe.
(B) To assist in the recovery of species listed as an
endangered or threatened species under the Endangered Species
Act of 1973 (16 U.S.C. 1531 et seq.).
(C) For wildlife conservation education and wildlife-
associated recreation projects.
(D) To manage a Tribal species of greatest conservation
need and the habitat of such species, the range of which may
be shared with a foreign country, State, or other Indian
Tribe.
(E) To manage, control, and prevent invasive species as
well as diseases and other risks to wildlife.
(F) For law enforcement activities that are directly
related to the protection and conservation of wildlife.
(G) To develop, revise, and implement comprehensive
wildlife conservation strategies and plans for such Tribe.
(H) For the hiring and training of wildlife conservation
and restoration program staff.
(2) Conditions on the use of funds.--
(A) Required use of funds.--In order to be eligible to
receive funds under subsection (c), a Tribe's application
must include a proposal to use funds for at least one of the
purposes described in subparagraphs (A) and (B) of paragraph
(1).
(B) Imperiled species recovery.--In distributing funds
under this section, the Secretary shall distribute not less
than 15 percent of the total funds distributed to proposals
to fund the recovery of a species, subspecies, or distinct
population segment listed as a threatened species, endangered
species, or candidate species under the Endangered Species
Act of 1973 (16 U.S.C. 1531 et seq.) or Tribal law.
(C) Limitation.--In distributing funds under this section,
the Secretary shall distribute not more than 15 percent of
all funds distributed under this section for the purpose
described in paragraph (1)(C).
(f) No Matching Funds Required.--No Indian Tribe shall be
required to provide matching funds to be eligible to receive
funds under this section.
(g) Public Access Not Required.--Funds apportioned from the
Tribal Wildlife Conservation and Restoration Account shall
not be conditioned upon the provision of public or non-Tribal
access to Tribal or private lands, waters, or holdings.
(h) Administrative Costs.--Of the funds deposited under
subsection (b)(3) for each fiscal year, not more than 3
percent shall be used by the Secretary for administrative
costs.
(i) Savings Clause.--Nothing in this section shall be
construed as modifying or abrogating a treaty with any Indian
Tribe, or as enlarging or diminishing the authority,
jurisdiction, or responsibility of an Indian Tribe to manage,
control, or regulate wildlife.
(j) Statutory Construction With Respect to Alaska.--If any
conflict arises between any provision of this section and any
provision of the Alaska National Interest Lands Conservation
Act (16 U.S.C. 3101 et seq.) or the Alaska Native Claims
Settlement Act (43 U.S.C. 1601 et seq.), then the provision
in the

[[Page S3535]]

Alaska National Interest Lands Conservation Act or the Alaska
Native Claims Settlement Act shall prevail.
______