Extinction Prevention Act of 2023

I 118TH CONGRESS 1ST SESSION H. R. 3494 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 HOUSE OF REPRESENTATIVES MAY 18, 2023 Mr. GRIJALVA (for himself, Mrs. DINGELL, Mr. SABLAN, Mr. COHEN, Ms. NORTON, Mr. HUFFMAN, Mr. SOTO, Mr. BLUMENAUER, Ms. VELA´ZQUEZ, and Mr. NEGUSE) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To create dedicated funds to conserve butterflies in North America, plants in the Pacific Islands, freshwater mus- sels in the United States, and desert fish in the South- west United States, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 (a) SHORT TITLE.—This Act may be cited as the 4 ‘‘Extinction Prevention Act of 2023’’. 5 (b) TABLE OF CONTENTS.—The table of contents for 6 this Act is as follows: 7 VerDate Sep 11 2014 23:55 Jun 09, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3494.IH H3494 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •HR 3494 IH Sec. 1. Short title. TITLE I—NORTH AMERICA BUTTERFLY CONSERVATION ACT OF 2023 Sec. 101. Short title. Sec. 102. Purposes. Sec. 103. Definitions. Sec. 104. North America butterfly conservation assistance. Sec. 105. North America Butterfly Conservation Fund. Sec. 106. Authorization of appropriations. Sec. 107. Report to Congress. TITLE II—PACIFIC ISLANDS PLANT CONSERVATION FUND ACT OF 2023 Sec. 201. Short title. Sec. 202. Purposes. Sec. 203. Definitions. Sec. 204. Pacific Islands plant conservation assistance. Sec. 205. Pacific Islands Plant Conservation Fund. Sec. 206. Authorization of appropriations. Sec. 207. Report to Congress. TITLE III—FRESHWATER MUSSEL CONSERVATION FUND ACT OF 2023 Sec. 301. Short title. Sec. 302. Purposes. Sec. 303. Definitions. Sec. 304. United States freshwater mussel conservation assistance. Sec. 305. Freshwater Mussel Conservation Fund. Sec. 306. Authorization of appropriations. Sec. 307. Report to Congress. TITLE IV—SOUTHWEST DESERT FISH CONSERVATION FUND ACT OF 2023 Sec. 401. Short title. Sec. 402. Purposes. Sec. 403. Definitions. Sec. 404. Southwest desert fish conservation assistance. Sec. 405. Southwest Desert Fish Conservation Fund. Sec. 406. Authorization of appropriations. Sec. 407. Report to Congress. VerDate Sep 11 2014 23:55 Jun 09, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6211 E:\BILLS\H3494.IH H3494 pbinns on DSKJLVW7X2PROD with $$_JOB 3 •HR 3494 IH TITLE I—NORTH AMERICA BUT- 1 TERFLY CONSERVATION ACT 2 OF 2023 3 SEC. 101. SHORT TITLE. 4 This title may be cited as the ‘‘North America But- 5 terfly Conservation Fund Act of 2023’’. 6 SEC. 102. PURPOSES. 7 The purposes of this title are— 8 (1) to perpetuate healthy populations of butter- 9 flies in North America; 10 (2) to assist in the conservation of threatened 11 and endangered butterflies by supporting conserva- 12 tion initiatives in North America; and 13 (3) to provide financial resources and to foster 14 international cooperation for those initiatives. 15 SEC. 103. DEFINITIONS. 16 In this title: 17 (1) NORTH AMERICA BUTTERFLY CONSERVA- 18 TION.—The term ‘‘North America butterfly con- 19 servation’’ means the use of all methods and proce- 20 dures necessary to protect habitats of butterflies in 21 North America and of butterflies in those habitats, 22 including— 23 (A) protection, restoration, and manage- 24 ment of habitats; 25 VerDate Sep 11 2014 23:55 Jun 09, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3494.IH H3494 pbinns on DSKJLVW7X2PROD with $$_JOB 4 •HR 3494 IH (B) onsite research and monitoring of pop- 1 ulations, habitats, annual reproduction, and 2 butterfly species population trends; 3 (C) assistance in the development, imple- 4 mentation, and improvement of national and re- 5 gional management plans; 6 (D) enforcement and implementation of 7 applicable conservation laws; and 8 (E) community outreach and education. 9 (2) FUND.—The term ‘‘Fund’’ means the 10 North America Butterfly Conservation Fund estab- 11 lished by section 105. 12 (3) BUTTERFLY; BUTTERFLIES.—The terms 13 ‘‘butterfly’’ and ‘‘butterflies’’ mean any member of 14 the order Lepidoptera. 15 (4) NORTH AMERICA.—The term ‘‘North Amer- 16 ica’’ means the United States, Canada, Mexico, An- 17 tigua and Barbuda, Bahamas, Barbados, Belize, 18 Costa Rica, Cuba, Dominica, Dominican Republic, 19 El Salvador, Grenada, Guatemala, Haiti, Honduras, 20 Jamaica, Nicaragua, Panama, Saint Kitts and 21 Nevis, Saint Lucia, Saint Vincent and the Grena- 22 dines, and Trinidad and Tobago. 23 (5) SECRETARY.—The term ‘‘Secretary’’ means 24 the Secretary of the Interior. 25 VerDate Sep 11 2014 23:55 Jun 09, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3494.IH H3494 pbinns on DSKJLVW7X2PROD with $$_JOB 5 •HR 3494 IH SEC. 104. NORTH AMERICA BUTTERFLY CONSERVATION AS- 1 SISTANCE. 2 (a) ASSISTANCE.— 3 (1) IN GENERAL.—The Secretary shall, in con- 4 sultation with other Federal officials, use amounts in 5 the Fund to provide competitive financial assistance, 6 including multiyear grants, for North America but- 7 terfly conservation projects. 8 (2) USE OF EXISTING AUTHORITIES.—Assist- 9 ance provided under this section shall be carried out 10 in a manner consistent with authorities available to 11 the Secretary under the Endangered Species Act of 12 1973 (16 U.S.C. 1531 et seq.). 13 (b) PROJECT PROPOSALS.— 14 (1) ELIGIBLE APPLICANTS.—A proposal for a 15 North America butterfly conservation project may be 16 submitted to the Secretary under this section by— 17 (A) a State or Tribal agency, research in- 18 stitution, nonprofit organization, or wildlife 19 management authority in North America that— 20 (i) exercises control or has jurisdiction 21 over butterfly habitat; and 22 (ii) directly or indirectly affects North 23 America butterfly conservation; or 24 (B) any other individual or entity, as the 25 Secretary determines appropriate, with the 26 VerDate Sep 11 2014 23:55 Jun 09, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3494.IH H3494 pbinns on DSKJLVW7X2PROD with $$_JOB 6 •HR 3494 IH demonstrated expertise required to carry out 1 North America butterfly conservation. 2 (2) FEDERAL PARTNERSHIP OPPORTUNITIES.— 3 A Federal agency may not be a lead entity or receive 4 funding for a project under this section, but may be 5 included as a partner or collaborator on a project 6 that receives such funding. 7 (3) REQUIRED ELEMENTS.—A project proposal 8 submitted under this section shall include— 9 (A) a statement of the purposes of the 10 project; 11 (B) the name of the individual or entity 12 with overall responsibility for the project; 13 (C) a description of— 14 (i) the qualifications of the individual 15 or entity that will conduct the project; 16 (ii) methods for project implementa- 17 tion and outcome assessment; 18 (iii) staffing and stakeholder engage- 19 ment for the project, including mechanisms 20 to encourage adequate local public partici- 21 pation in project development and imple- 22 mentation; 23 (iv) the logistics of the project, includ- 24 ing cost estimates and timelines; and 25 VerDate Sep 11 2014 23:55 Jun 09, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3494.IH H3494 pbinns on DSKJLVW7X2PROD with $$_JOB 7 •HR 3494 IH (v) anticipated outcomes of the 1 project; 2 (D) evidence of free, informed, and prior 3 consent by indigenous communities in the area 4 in which the project will be conducted, if the 5 Secretary determines that such consent is re- 6 quired for the success of the project; 7 (E) assurances that the project will be im- 8 plemented in consultation with relevant wildlife 9 management authorities, Tribes, and other ap- 10 propriate government officials; 11 (F) demonstrated sensitivity to local his- 12 toric and cultural resources and compliance 13 with applicable laws; 14 (G) information that demonstrates the po- 15 tential of the project to contribute to North 16 America butterfly conservation; 17 (H) evidence of support for the project 18 from each appropriate governmental entity of 19 each country, Tribe, and indigenous community 20 in which the project will be conducted, if the 21 Secretary determines that such support is re- 22 quired for the success of the project; 23 VerDate Sep 11 2014 23:55 Jun 09, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H3494.IH H3494 pbinns on DSKJLVW7X2PROD with $$_JOB 8 •HR 3494 IH (I) information regarding the source and 1 amount of any matching funding available for 2 the project; and 3 (J) such other information as the Sec- 4 retary determines appropriate. 5 (c) PROJECT REVIEW AND APPROVAL.— 6 (1) IN GENERAL.—The Secretary shall— 7 (A) not later than 30 days after receiving 8 a project proposal, provide a copy of the pro- 9 posal to other Federal officials, as appropriate; 10 and 11 (B) review each project proposal to deter- 12 mine whether the proposal meets the criteria 13 specified in subsection (d). 14 (2) CONSULTATION; APPROVAL OR DIS- 15 APPROVAL.—Not later than 180 days after receiving 16 a project proposal, the Secretary shall, after con- 17 sulting with other Federal officials, as appropriate, 18 with respect to each project proposal submitted 19 under this section— 20 (A) consult on the project proposal with 21 the government of each country in which the 22 project is to be conducted; 23 VerDate Sep 11 2014 23:55 Jun 09, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H3494.IH H3494 pbinns on DSKJLVW7X2PROD with $$_JOB 9 •HR 3494 IH (B) after taking into consideration any 1 comments resulting from such consultation, ap- 2 prove or disapprove the project proposal; and 3 (C) provide written notification of the ap- 4 proval or disapproval to the individual or entity 5 that submitted the project proposal, such other 6 Federal officials, and each country described in 7 subparagraph (A). 8 (d) CRITERIA FOR APPROVAL.— 9 (1) IN GENERAL.—The Secretary may approve 10 a project proposal under this section if the project 11 will help recover and sustain viable populations of 12 butterflies in the wild by assisting efforts to imple- 13 ment North America butterfly conservation pro- 14 grams. 15 (2) PRIORITY.—In selecting projects for ap- 16 proval, the Secretary shall give priority to projects 17 that conserve species of butterflies that are listed as 18 a threatened or endangered species under the En- 19 dangered Species Act of 1973 (16 U.S.C. 1531 et 20 seq.). 21 (3) PROJECT SUSTAINABILITY.—To the max- 22 imum extent practicable, in determining whether to 23 approve a project proposal under this section, the 24 Secretary shall give preference to projects that are 25 VerDate Sep 11 2014 23:55 Jun 09, 2023 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H3494.IH H3494 pbinns on DSKJLVW7X2PROD with $$_JOB 10 •HR 3494 IH designed to ensure effective and long-term North 1 America butterfly conservation. 2 (4) MATCHING FUNDS.—In determining wheth- 3 er to approve a project proposal under this section, 4 the Secretary shall give preference to projects for 5 which matching funds are available. 6 (5) WAIVER.—The Secretary may waive the ap- 7 plication of paragraphs (2), (3), or (4) with respect 8 to a project if the Secretary— 9 (A) has identified the project as of high 10 priority; and 11 (B) finds that such waiver is necessary to 12 support the project. 13 (e) PROJECT REPORTING.— 14 (1) IN GENERAL.—Each individual or entity 15 that receives assistance under this section for a 16 project shall submit to the Secretary periodic reports 17 (at such intervals as the Secretary determines ap- 18 propriate) that include all information that the Sec- 19 retary, after consultation with other government of- 20 ficials, determines is necessary to evaluate the 21 progress and success of such project for the pur- 22 poses of ensuring positive results, assessing prob- 23 lems, and fostering improvements. 24 VerDate Sep 11 2014 23:55 Jun 09, 2023 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H3494.IH H3494 pbinns on DSKJLVW7X2PROD with $$_JOB 11 •HR 3494 IH (2) AVAILABILITY TO THE PUBLIC.—The Sec- 1 retary shall make available to the public each report 2 submitted under paragraph (1) and any other docu- 3 ment relating to a project for which financial assist- 4 ance is provided under this title. 5 SEC. 105. NORTH AMERICA BUTTERFLY CONSERVATION 6 FUND. 7 (a) ESTABLISHMENT.—There is established in the 8 Treasury a separate account, to be known as the ‘‘North 9 America Butterfly Conservation Fund’’, consisting of— 10 (1) amounts transferred to the Secretary for 11 deposit into the Fund under subsection (e); 12 (2) amounts appropriated to the Fund under 13 section 106; and 14 (3) any interest earned on investment of 15 amounts in the Fund under subsection (c). 16 (b) EXPENDITURES FROM FUND.— 17 (1) IN GENERAL.—Subject to paragraph (2), at 18 the request of the Secretary, the Secretary of the 19 Treasury shall transfer from the Fund to the Sec- 20 retary, without further appropriation, such amounts 21 as the Secretary determines are necessary to carry 22 out section 104. 23 (2) ADMINISTRATIVE EXPENSES.—Of the 24 amounts in the Fund available for each fiscal year, 25 VerDate Sep 11 2014 23:55 Jun 09, 2023 Jkt 039200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H3494.IH H3494 pbinns on DSKJLVW7X2PROD with $$_JOB 12 •HR 3494 IH the Secretary may expend the greater of 3 percent 1 of such amounts or $80,000 to pay the administra- 2 tive expenses necessary to carry out this title. 3 (c) INVESTMENT OF AMOUNTS.— 4 (1) IN GENERAL.—The Secretary of the Treas- 5 ury shall invest such portion of the Fund as is not, 6 in the judgment of the Secretary of the Treasury, 7 required to meet current withdrawals. Such invest- 8 ments may be made only in interest-bearing obliga- 9 tions of the United States. 10 (2) ACQUISITION OF OBLIGATIONS.—For the 11 purpose of investments under paragraph (1), obliga- 12 tions may be acquired— 13 (A) on original issue at the issue price; or 14 (B) by purchase of outstanding obligations 15 at market price. 16 (3) SALE OF OBLIGATIONS.—Any obligation ac- 17 quired by the Fund may be sold by the Secretary of 18 the Treasury at market price. 19 (4) CREDITS TO FUND.—The interest on, and 20 the proceeds from the sale or redemption of, any ob- 21 ligations held in the Fund shall be credited to and 22 form a part of the Fund. 23 (d) TRANSFERS OF AMOUNTS.— 24 VerDate Sep 11 2014 23:55 Jun 09, 2023 Jkt 039200 PO 00000 Frm 00012 Fm [Text truncated for display. Full text available on Congress.gov.]