[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 990 Referred in House (RFH)]

  2d Session
                                 S. 990


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 23, 2002

                 Referred to the Committee on Resources

_______________________________________________________________________

                                 AN ACT


 
To amend the Pittman-Robertson Wildlife Restoration Act to improve the 
provisions relating to wildlife conservation and restoration programs, 
                        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 ``American Wildlife 
Enhancement Act of 2001''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
   TITLE I--PITTMAN-ROBERTSON WILDLIFE CONSERVATION AND RESTORATION 
                          PROGRAMS IMPROVEMENT

Sec. 101. Short title.
Sec. 102. Definitions.
Sec. 103. Wildlife Conservation and Restoration Account.
Sec. 104. Apportionment of amounts in the Account.
Sec. 105. Wildlife conservation and restoration programs.
Sec. 106. Nonapplicability of Federal Advisory Committee Act.
Sec. 107. Technical amendments.
Sec. 108. Effective date.
          TITLE II--ENDANGERED AND THREATENED SPECIES RECOVERY

Sec. 201. Purpose.
Sec. 202. Endangered and threatened species recovery assistance.
         TITLE III--NON-FEDERAL LAND CONSERVATION GRANT PROGRAM

Sec. 301. Non-Federal land conservation grant program.
   TITLE IV--CONSERVATION AND RESTORATION OF SHRUBLAND AND GRASSLAND

Sec. 401. Conservation and restoration of shrubland and grassland.

   TITLE I--PITTMAN-ROBERTSON WILDLIFE CONSERVATION AND RESTORATION 
                          PROGRAMS IMPROVEMENT

SEC. 101. SHORT TITLE.

    This title may be cited as the ``Pittman-Robertson Wildlife 
Conservation and Restoration Programs Improvement Act''.

SEC. 102. DEFINITIONS.

    (a) In General.--Section 2 of the Pittman-Robertson Wildlife 
Restoration Act (16 U.S.C. 669a) is amended to read as follows:

``SEC. 2. DEFINITIONS.

    ``In this Act:
            ``(1) Account.--The term `Account' means the Wildlife 
        Conservation and Restoration Account established by section 
        3(a)(2).
            ``(2) Conservation.--
                    ``(A) In general.--The term `conservation' means 
                the use of a method or procedure necessary or 
                desirable--
                            ``(i) to sustain healthy populations of 
                        wildlife; or
                            ``(ii) to restore declining populations of 
                        wildlife.
                    ``(B) Inclusions.--The term `conservation' includes 
                any activity associated with scientific resources 
                management, such as--
                            ``(i) research;
                            ``(ii) census;
                            ``(iii) monitoring of populations;
                            ``(iv) acquisition, improvement, and 
                        management of habitat;
                            ``(v) live trapping and transplantation;
                            ``(vi) wildlife damage management;
                            ``(vii) periodic or total protection of a 
                        species or population; and
                            ``(viii) the taking of individuals within a 
                        wildlife stock or population if permitted by 
                        applicable Federal law, State law, or law of 
                        the District of Columbia, a territory, or an 
                        Indian tribe for the purpose of protecting 
                        wildlife in decline.
            ``(3) Fund.--The term `fund' means the Federal aid to 
        wildlife restoration fund established by section 3(a)(1).
            ``(4) Indian tribe.--The term `Indian tribe' has the 
        meaning given the term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 450b).
            ``(5) Secretary.--The term `Secretary' means the Secretary 
        of the Interior.
            ``(6) State fish and game department.--The term `State fish 
        and game department' means any department or division of a 
        department of another name, or commission, or 1 or more 
        officials, of a State, the District of Columbia, a territory, 
        or an Indian tribe empowered under the laws of the State, the 
        District of Columbia, the territory, or the Indian tribe, 
        respectively, to exercise the functions ordinarily exercised by 
        a State fish and game department or a State fish and wildlife 
        department.
            ``(7) Territory.--The term `territory' means Puerto Rico, 
        Guam, American Samoa, the Commonwealth of the Northern Mariana 
        Islands, and the Virgin Islands.
            ``(8) Wildlife.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), the term `wildlife' means--
                            ``(i) any species of wild, free-ranging 
                        fauna (excluding fish); and
                            ``(ii) any species of fauna (excluding 
                        fish) in a captive breeding program the object 
                        of which is to reintroduce individuals of a 
                        depleted native species into the previously 
                        occupied range of the species.
                    ``(B) Wildlife conservation and restoration 
                program.--For the purposes of each wildlife 
                conservation and restoration program, the term 
                `wildlife' includes fish and native plants.
            ``(9) Wildlife-associated recreation project.--The term 
        `wildlife-associated recreation project' means--
                    ``(A) a project intended to meet the demand for an 
                outdoor activity associated with wildlife, such as 
                hunting, fishing, and wildlife observation and 
                photography;
                    ``(B) a project such as construction or restoration 
                of a wildlife viewing area, observation tower, blind, 
                platform, land or water trail, water access route, area 
                for field trialing, or trail head; and
                    ``(C) a project to provide access for a project 
                described in subparagraph (A) or (B).
            ``(10) Wildlife conservation and restoration program.--The 
        term `wildlife conservation and restoration program' means a 
        program developed by a State fish and game department and 
        approved by the Secretary under section 12.
            ``(11) Wildlife conservation education project.--The term 
        `wildlife conservation education project' means a project, 
        including public outreach, that is intended to foster 
        responsible natural resource stewardship.
            ``(12) Wildlife-restoration project.--
                    ``(A) In general.--The term `wildlife-restoration 
                project' means a project consisting of the selection, 
                restoration, rehabilitation, or improvement of an area 
                of land or water (including a property interest in land 
                or water) that is adaptable as a feeding, resting, or 
                breeding place for wildlife.
                    ``(B) Inclusions.--The term `wildlife-restoration 
                project' includes--
                            ``(i) acquisition of an area of land or 
                        water described in subparagraph (A) that is 
                        suitable or capable of being made suitable for 
                        feeding, resting, or breeding by wildlife;
                            ``(ii) restoration or rehabilitation of an 
                        area of land or water described in subparagraph 
                        (A) (such as through management of habitat and 
                        invasive species);
                            ``(iii) construction in an area described 
                        in subparagraph (A) of such works as are 
                        necessary to make the area available for 
                        feeding, resting, or breeding by wildlife;
                            ``(iv) such research into any problem of 
                        wildlife management as is necessary for 
                        efficient administration of wildlife resources; 
                        and
                            ``(v) such preliminary or incidental 
                        expenses as are incurred with respect to 
                        activities described in this paragraph.''.
    (b) Conforming Amendments.--
            (1) The first section, section 3(a)(1), and section 12 of 
        the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669, 
        669b(a)(1), 669i) are amended by striking ``Secretary of 
        Agriculture'' each place it appears and inserting 
        ``Secretary''.
            (2) The Pittman-Robertson Wildlife Restoration Act (16 
        U.S.C. 669 et seq.) is amended by striking ``Secretary of the 
        Interior'' each place it appears and inserting ``Secretary''.
            (3) Section 3(a)(1) of the Pittman-Robertson Wildlife 
        Restoration Act (16 U.S.C. 669b(a)(1)) is amended by striking 
        ``(hereinafter referred to as the `fund')''.
            (4) Section 6(c) of the Pittman-Robertson Wildlife 
        Restoration Act (16 U.S.C. 669e(c)) is amended by striking 
        ``established by section 3 of this Act''.
            (5) Section 11(b) of the Pittman-Robertson Wildlife 
        Restoration Act (16 U.S.C. 669h-2(b)) is amended by striking 
        ``wildlife restoration projects'' each place it appears and 
        inserting ``wildlife-restoration projects''.

SEC. 103. WILDLIFE CONSERVATION AND RESTORATION ACCOUNT.

    (a) In General.--Section 3 of the Pittman-Robertson Wildlife 
Restoration Act (16 U.S.C. 669b) is amended--
            (1) by striking ``Sec. 3. (a)(1) An'' and inserting the 
        following:

``SEC. 3. FEDERAL AID TO WILDLIFE RESTORATION FUND.

    ``(a) In General.--
            ``(1) Federal aid to wildlife restoration fund.--An'';
            (2) in subsection (a), by striking paragraph (2) and 
        inserting the following:
            ``(2) Wildlife conservation and restoration account.--
                    ``(A) Establishment.--There is established in the 
                fund an account to be known as the `Wildlife 
                Conservation and Restoration Account'.
                    ``(B) Funding.--
                            ``(i) In general.--There are authorized to 
                        be appropriated to the Account for 
                        apportionment to States, the District of 
                        Columbia, territories, and Indian tribes in 
                        accordance with section 4(d)--
                                    ``(I) $50,000,000 for fiscal year 
                                2001; and
                                    ``(II) $350,000,000 for each of 
                                fiscal years 2002 through 2006.
                            ``(ii) Availability.--Notwithstanding the 
                        matter under the heading `federal aid in 
                        wildlife restoration' under the heading `Fish 
                        and Wildlife Service' in title I of chapter VII 
                        of the General Appropriation Act, 1951 (64 
                        Stat. 693), the amount appropriated under 
                        clause (i)(II) for each of fiscal years 2002 
                        through 2006 shall be available for obligation 
                        in that fiscal year.''; and
            (3) by striking subsections (c) and (d).
    (b) Conforming Amendments.--
            (1) Section 3 of the Pittman-Robertson Wildlife Restoration 
        Act (16 U.S.C. 669b) is amended--
                    (A) in the first sentence of subsection (a)(1)--
                            (i) by inserting ``(other than the 
                        Account)'' after ``wildlife restoration fund''; 
                        and
                            (ii) by inserting before the period at the 
                        end the following: ``(other than sections 4(d) 
                        and 12)''; and
                    (B) in subsection (b), by inserting ``(other than 
                the Account)'' after ``the fund'' each place it 
                appears.
            (2) Section 4 of the Pittman-Robertson Wildlife Restoration 
        Act (16 U.S.C. 669c) is amended--
                    (A) in subsection (a)--
                            (i) in paragraph (1)(A)--
                                    (I) by inserting ``(other than the 
                                Account)'' after ``the fund''; and
                                    (II) by inserting ``(other than 
                                subsection (d) and sections 3(a)(2) and 
                                12)'' after ``this Act''; and
                            (ii) in paragraph (2)(B), by inserting 
                        ``from the fund (other than the Account)'' 
                        before ``under this Act''; and
                    (B) in the first sentence of subsection (b), by 
                striking ``said fund'' and inserting ``the fund (other 
                than the Account)''.
            (3) Section 6 of the Pittman-Robertson Wildlife Restoration 
        Act (16 U.S.C. 669e) is amended--
                    (A) in subsection (a)--
                            (i) in the matter preceding paragraph (1), 
                        by inserting ``(other than sections 4(d) and 
                        12)'' after ``this Act'';
                            (ii) in the last sentence of paragraph (1), 
                        by striking ``this Act from funds apportioned 
                        under this Act'' and inserting ``this Act 
                        (other than sections 4(d) and 12) from funds 
                        apportioned from the fund (other than the 
                        Account) under this Act'';
                            (iii) in paragraph (2)--
                                    (I) in the first sentence, by 
                                inserting ``(other than sections 4(d) 
                                and 12)'' after ``this Act''; and
                                    (II) in the last sentence, by 
                                striking ``said fund as represents the 
                                share of the United States payable 
                                under this Act'' and inserting ``the 
                                fund (other than the Account) as 
                                represents the share of the United 
                                States payable from the fund (other 
                                than the Account) under this Act''; and
                            (iv) in the last paragraph, by inserting 
                        ``from the fund (other than the Account)'' 
                        before ``under this Act'' each place it 
                        appears; and
                    (B) in subsection (b), by inserting ``(other than 
                sections 4(d) and 12)'' after ``this Act'' each place 
                it appears.
            (4) Section 8A of the Pittman-Robertson Wildlife 
        Restoration Act (16 U.S.C. 669g-1) is amended in the first 
        sentence by inserting ``from the fund (other than the 
        Account)'' before ``under this Act''.
            (5) Section 9 of the Pittman-Robertson Wildlife Restoration 
        Act (16 U.S.C. 669h) is amended in subsections (a) and (b)(1) 
        by striking ``section 4(a)(1)'' each place it appears and 
        inserting ``subsections (a)(1) and (d)(1) of section 4''.
            (6) Section 10 of the Pittman-Robertson Wildlife 
        Restoration Act (16 U.S.C. 669h-1) is amended--
                    (A) in subsection (a)(1)--
                            (i) by inserting ``(other than the 
                        Account)'' after ``the fund''; and
                            (ii) in subparagraph (B), by inserting 
                        ``but excluding any use authorized solely by 
                        section 12'' after ``target ranges''; and
                    (B) in subsection (c)(2), by inserting before the 
                period at the end the following: ``(other than sections 
                4(d) and 12)''.
            (7) Section 11(a)(1) of the Pittman-Robertson Wildlife 
        Restoration Act (16 U.S.C. 669h-2(a)(1)) is amended by 
        inserting ``(other than the Account)'' after ``the fund''.

SEC. 104. APPORTIONMENT OF AMOUNTS IN THE ACCOUNT.

    Section 4 of the Pittman-Robertson Wildlife Restoration Act (16 
U.S.C. 669c) is amended by striking the second subsection (c) and 
subsection (d) and inserting the following:
    ``(d) Apportionment of Amounts in the Account.--
            ``(1) Deduction for administrative expenses.--For each 
        fiscal year, the Secretary may deduct, for payment of 
        administrative expenses incurred by the Secretary in carrying 
        out activities funded from the Account, not more than 3 percent 
        of the total amount of the Account available for apportionment 
        for the fiscal year.
            ``(2) Apportionment to district of columbia, territories, 
        and indian tribes.--
                    ``(A) In general.--For each fiscal year, after 
                making the deduction under paragraph (1), the Secretary 
                shall apportion from the amount in the Account 
                remaining available for apportionment--
                            ``(i) to each of the District of Columbia 
                        and the Commonwealth of Puerto Rico, a sum 
                        equal to not more than \1/2\ of 1 percent of 
                        that remaining amount;
                            ``(ii) to each of Guam, American Samoa, the 
                        Commonwealth of the Northern Mariana Islands, 
                        and the Virgin Islands, a sum equal to not more 
                        than \1/4\ of 1 percent of that remaining 
                        amount; and
                            ``(iii) to Indian tribes, a sum equal to 
                        not more than 2\1/4\ percent of that remaining 
                        amount, of which, subject to subparagraph (B)--
                                    ``(I) \1/3\ shall be apportioned 
                                among Indian tribes based on the ratio 
                                that the trust land area of each Indian 
                                tribe bears to the total trust land 
                                area of all Indian tribes; and
                                    ``(II) \2/3\ shall be apportioned 
                                among Indian tribes based on the ratio 
                                that the population of each Indian 
                                tribe bears to the total population of 
                                all Indian tribes.
                    ``(B) Maximum apportionment for each indian 
                tribe.--For each fiscal year, the amounts apportioned 
                under subparagraph (A)(iii) shall be adjusted 
                proportionately so that no Indian tribe is apportioned 
                a sum that is more than 5 percent of the amount 
                available for apportionment under subparagraph (A)(iii) 
                for the fiscal year.
            ``(3) Apportionment to states.--
                    ``(A) In general.--Subject to subparagraph (B), for 
                each fiscal year, after making the deduction under 
                paragraph (1) and the apportionment under paragraph 
                (2), the Secretary shall apportion the amount in the 
                Account remaining available for apportionment among 
                States in the following manner:
                            ``(i) \1/3\ based on the ratio that the 
                        area of each State bears to the total area of 
                        all States.
                            ``(ii) \2/3\ based on the ratio that the 
                        population of each State bears to the total 
                        population of all States.
                    ``(B) Minimum and maximum apportionments.--For each 
                fiscal year, the amounts apportioned under this 
                paragraph shall be adjusted proportionately so that no 
                State is apportioned a sum that is--
                            ``(i) less than 1 percent of the amount 
                        available for apportionment under this 
                        paragraph for the fiscal year; or
                            ``(ii) more than 5 percent of that amount.
            ``(4) Use.--
                    ``(A) In general.--Apportionments under paragraphs 
                (2) and (3)--
                            ``(i) shall supplement, but not supplant, 
                        funds available to States, the District of 
                        Columbia, territories, and Indian tribes--
                                    ``(I) from the fund; or
                                    ``(II) from the Sport Fish 
                                Restoration Account established by 
                                section 9504(a) of the Internal Revenue 
                                Code of 1986; and
                            ``(ii) shall be used to address the unmet 
                        needs for wildlife (including species that are 
                        not hunted or fished, and giving priority to 
                        species that are in decline), and the habitats 
                        on which the wildlife depend, for projects 
                        authorized to be carried out as part of 
                        wildlife conservation and restoration programs 
                        in accordance with section 12.
                    ``(B) Prohibition on diversion.--A State, the 
                District of Columbia, a territory, or an Indian tribe 
                shall not be eligible to receive an apportionment under 
                paragraph (2) or (3) if the Secretary determines that 
                the State, the District of Columbia, the territory, or 
                the Indian tribe respectively, diverts funds from any 
                source of revenue (including interest, dividends, and 
                other income earned on the revenue) available to the 
                State, the District of Columbia, the territory, or the 
                Indian tribe after January 1, 2000, for conservation of 
                wildlife for any purpose other than the administration 
                of the State fish and game department in carrying out 
                wildlife conservation activities.
            ``(5) Period of availability of apportionments.--
        Notwithstanding section 3(a)(1), for each fiscal year, the 
        apportionment to a State, the District of Columbia, a 
        territory, or an Indian tribe from the Account under this 
        subsection shall remain available for obligation until the end 
        of the second following fiscal year.''.

SEC. 105. WILDLIFE CONSERVATION AND RESTORATION PROGRAMS.

    (a) In General.--The Pittman-Robertson Wildlife Restoration Act is 
amended--
            (1) by redesignating sections 12 and 13 (16 U.S.C. 669i, 
        669 note) as sections 13 and 15, respectively; and
            (2) by inserting after section 11 (16 U.S.C. 669h-2) the 
        following:

``SEC. 12. WILDLIFE CONSERVATION AND RESTORATION PROGRAMS.

    ``(a) Definition of State.--In this section, the term `State' means 
a State, the District of Columbia, a territory, and an Indian tribe.
    ``(b) Wildlife Conservation and Restoration Programs.--
            ``(1) In general.--A State, acting through the State fish 
        and game department, may apply to the Secretary--
                    ``(A) for approval of a wildlife conservation and 
                restoration program; and
                    ``(B) to receive funds from the apportionment to 
                the State under section 4(d) to develop and implement 
                the wildlife conservation and restoration program.
            ``(2) Application contents.--As part of an application 
        under paragraph (1), a State shall provide documentation 
        demonstrating that the wildlife conservation and restoration 
        program of the State includes--
                    ``(A) provisions vesting in the State fish and game 
                department overall responsibility and accountability 
                for the wildlife conservation and restoration program 
                of the State;
                    ``(B) provisions to identify which species in the 
                State are in greatest need of conservation; and
                    ``(C) provisions for the development, 
                implementation, and maintenance, under the wildlife 
                conservation and restoration program, of--
                            ``(i) wildlife conservation projects--
                                    ``(I) that expand and support other 
                                wildlife programs; and
                                    ``(II) that are selected giving 
                                appropriate consideration to all 
                                species of wildlife in accordance with 
                                subsection (c);
                            ``(ii) wildlife-associated recreation 
                        projects; and
                            ``(iii) wildlife conservation education 
                        projects.
            ``(3) Public participation.--A State shall provide an 
        opportunity for public participation in the development, 
        implementation, and revision of the wildlife conservation and 
        restoration program of the State and projects carried out under 
        the wildlife conservation and restoration program.
            ``(4) Approval for funding.--If the Secretary finds that 
        the application submitted by a State meets the requirements of 
        paragraph (2), the Secretary shall approve the wildlife 
        conservation and restoration program of the State.
            ``(5) Payment of federal share.--
                    ``(A) In general.--Subject to subparagraph (D), 
                after the Secretary approves a wildlife conservation 
                and restoration program of a State, the Secretary may 
                use the apportionment to the State under section 4(d) 
                to pay the Federal share of--
                            ``(i) the cost of implementation of the 
                        wildlife conservation and restoration program; 
                        and
                            ``(ii) the cost of development, 
                        implementation, and maintenance of each project 
                        that is part of the wildlife conservation and 
                        restoration program.
                    ``(B) Federal share.--The Federal share shall not 
                exceed 75 percent.
                    ``(C) Timing of payments.--Under such regulations 
                as the Secretary may promulgate, the Secretary--
                            ``(i) shall make payments to a State under 
                        subparagraph (A) during the course of a 
                        project; and
                            ``(ii) may advance funds to pay the Federal 
                        share of the costs described in subparagraph 
                        (A).
                    ``(D) Maximum amount for certain activities.--
                            ``(i) In general.--Notwithstanding section 
                        8(a), except as provided in clause (ii), for 
                        each fiscal year, not more than 10 percent of 
                        the apportionment to a State under section 4(d) 
                        for the wildlife conservation and restoration 
                        program of the State may be used for each of 
                        the following activities:
                                    ``(I) Law enforcement activities.
                                    ``(II) Wildlife-associated 
                                recreation projects.
                            ``(ii) Exception.--For any fiscal year, the 
                        limitation under clause (i) shall not apply to 
                        law enforcement activities or wildlife-
                        associated recreation projects in a State if 
                        the State demonstrates to the satisfaction of 
                        the Secretary that law enforcement activities 
                        or wildlife-associated recreation projects, 
                        respectively, have a significant impact on high 
                        priority conservation activities.
            ``(6) Method of implementation of projects.--A State may 
        implement a project that is part of the wildlife conservation 
        and restoration program of the State through--
                    ``(A) a grant made by the State to, or a contract 
                entered into by the State with--
                            ``(i) any Federal, State, or local agency 
                        (including an agency that gathers, evaluates, 
                        and disseminates information on wildlife and 
                        wildlife habitats);
                            ``(ii) an Indian tribe;
                            ``(iii) a wildlife conservation 
                        organization, sportsmen's organization, land 
                        trust, or other nonprofit organization; or
                            ``(iv) an outdoor recreation or 
                        conservation education entity; and
                    ``(B) any other method determined appropriate by 
                the State.
    ``(c) Wildlife Conservation Strategy.--
            ``(1) In general.--Not later than 5 years after the date of 
        the initial apportionment to a State under section 4(d), to be 
        eligible to continue to receive funds from the apportionment to 
        the State under section 4(d), the State shall, as part of the 
        wildlife conservation and restoration program of the State, 
        develop and implement a wildlife conservation strategy that is 
        based on the best available and appropriate scientific 
        information.
            ``(2) Required elements.--A wildlife conservation strategy 
        shall--
                    ``(A) use such information on the distribution and 
                abundance of species of wildlife as is indicative of 
                the diversity and health of the wildlife of the State, 
                including such information on species with low 
                populations and declining numbers of individuals as the 
                State fish and game department determines to be 
                appropriate;
                    ``(B) identify the extent and condition of wildlife 
                habitats and community types essential to conservation 
                of the species of wildlife of the State identified 
                using information described in subparagraph (A);
                    ``(C)(i) identify the problems that may adversely 
                affect--
                            ``(I) the species identified using 
                        information described in subparagraph (A); and
                            ``(II) the habitats of the species 
                        identified under subparagraph (B); and
                    ``(ii) provide for high priority research and 
                surveys to identify factors that may assist in the 
                restoration and more effective conservation of--
                            ``(I) the species identified using 
                        information described in subparagraph (A); and
                            ``(II) the habitats of the species 
                        identified under subparagraph (B);
                    ``(D)(i) describe which actions should be taken to 
                conserve--
                            ``(I) the species identified using 
                        information described in subparagraph (A); and
                            ``(II) the habitats of the species 
                        identified under subparagraph (B); and
                    ``(ii) establish priorities for implementing those 
                actions; and
                    ``(E) provide for--
                            ``(i) periodic monitoring of--
                                    ``(I) the species identified using 
                                information described in subparagraph 
                                (A);
                                    ``(II) the habitats of the species 
                                identified under subparagraph (B); and
                                    ``(III) the effectiveness of the 
                                conservation actions described under 
                                subparagraph (D); and
                            ``(ii) adaptation of conservation actions 
                        as appropriate to respond to new information or 
                        changing conditions.
            ``(3) Public participation in development of strategy.--A 
        State shall provide an opportunity for public participation in 
        the development and implementation of the wildlife conservation 
        strategy of the State.
            ``(4) Review and revision.--Not less often than once every 
        7 years, a State shall review the wildlife conservation 
        strategy of the State and make any appropriate revisions.
            ``(5) Coordination.--During the development, 
        implementation, review, and revision of the wildlife 
        conservation strategy of the State, a State shall provide for 
        coordination between--
                    ``(A) the State fish and game department; and
                    ``(B) Federal, State, and local agencies and Indian 
                tribes that--
                            ``(i) manage significant areas of land or 
                        water within the State; or
                            ``(ii) administer programs that 
                        significantly affect the conservation of--
                                    ``(I) the species identified using 
                                information described in paragraph 
                                (2)(A); or
                                    ``(II) the habitats of the species 
                                identified under paragraph (2)(B).
            ``(6) Effect of failure to develop or carry out wildlife 
        conservation strategy.--
                    ``(A) In general.--If, in any fiscal year, a State 
                fails to develop, implement, obtain the approval of the 
                Secretary for, review, or revise a wildlife 
                conservation strategy as required under this 
                subsection, the apportionment to the State under 
                section 4(d) for the following fiscal year shall be 
                reapportioned in accordance with section 4(d) to States 
                that carry out those activities as required under this 
                subsection.
                    ``(B) Correction of deficiencies.--If a State whose 
                apportionment for a fiscal year is reapportioned under 
                subparagraph (A) subsequently carries out the 
                activities described in that subparagraph as required 
                under this subsection, the State shall be eligible to 
                receive an apportionment under section 4(d) for the 
                fiscal year following the fiscal year of the 
                reapportionment.
    ``(d) Use of Funds for New and Existing Programs and Projects.--
Funds made available from the Account to carry out activities under 
this section may be used--
            ``(1) to carry out new programs and projects; and
            ``(2) to enhance existing programs and projects.
    ``(e) Priority for Funding.--In using funds made available from the 
Account to carry out activities under this section, a State shall give 
priority to species that are in greatest need of conservation--
            ``(1) as evidenced by--
                    ``(A) a low population and declining numbers of 
                individuals;
                    ``(B) a current threat or reasonably anticipated 
                threat to the habitat of the species; or
                    ``(C) any other similar indicator of need of 
                conservation; or
            ``(2) as identified in the wildlife conservation strategy 
        of the State under subsection (c).
    ``(f) Limitation on Use of Funds for Wildlife Conservation 
Education Projects.--Funds made available from the Account to carry out 
wildlife conservation education projects shall not be used to fund, in 
whole or in part, any activity that promotes or encourages opposition 
to the regulated hunting or trapping of wildlife.''.
    (b) Conforming Amendment.--Section 8(a) of the Pittman-Robertson 
Wildlife Restoration Act (16 U.S.C. 669g) is amended by striking the 
last sentence.

SEC. 106. NONAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT.

    (a) Pittman-Robertson Wildlife Restoration Act.--The Pittman-
Robertson Wildlife Restoration Act (as amended by section 105(a)(1)) is 
amended by inserting after section 13 the following:

``SEC. 14. NONAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT.

    ``Coordination with State fish and game department personnel or 
with personnel of any other agency of a State, the District of 
Columbia, a territory, or an Indian tribe under this Act shall not be 
subject to the Federal Advisory Committee Act (5 U.S.C. App.).''.
    (b) Dingell-Johnson Sport Fish Restoration Act.--The Dingell-
Johnson Sport Fish Restoration Act is amended--
            (1) by redesignating section 15 (16 U.S.C. 777 note) as 
        section 16; and
            (2) by inserting after section 14 (16 U.S.C. 777m) the 
        following:

``SEC. 15. NONAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT.

    ``Coordination with State fish and game department personnel or 
with personnel of any other State agency under this Act shall not be 
subject to the Federal Advisory Committee Act (5 U.S.C. App.).''.

SEC. 107. TECHNICAL AMENDMENTS.

    (a) The first section of the Pittman-Robertson Wildlife Restoration 
Act (16 U.S.C. 669) is amended by striking ``That the'' and inserting 
the following:

``SECTION 1. COOPERATION OF SECRETARY OF THE INTERIOR WITH STATES.

    ``The''.
    (b) Section 5 of the Pittman-Robertson Wildlife Restoration Act (16 
U.S.C. 669d) is amended by striking ``Sec. 5.'' and inserting the 
following:

``SEC. 5. CERTIFICATION OF AMOUNTS DEDUCTED OR APPORTIONED.''.

    (c) Section 6 of the Pittman-Robertson Wildlife Restoration Act (16 
U.S.C. 669e) is amended by striking ``Sec. 6.'' and inserting the 
following:

``SEC. 6. SUBMISSION AND APPROVAL OF PLANS AND PROJECTS.''.

    (d) Section 7 of the Pittman-Robertson Wildlife Restoration Act (16 
U.S.C. 669f) is amended by striking ``Sec. 7.'' and inserting the 
following:

``SEC. 7. PAYMENT OF FUNDS TO STATES.''.

    (e) Section 8 of the Pittman-Robertson Wildlife Restoration Act (16 
U.S.C. 669g) is amended by striking ``Sec. 8.'' and inserting the 
following:

``SEC. 8. MAINTENANCE OF PROJECTS; FUNDING OF HUNTER SAFETY PROGRAMS 
              AND PUBLIC TARGET RANGES.''.

    (f) Section 8A of the Pittman-Robertson Wildlife Restoration Act 
(16 U.S.C. 669g-1) is amended by striking ``Sec. 8A.'' and inserting 
the following:

``SEC. 8A. APPORTIONMENTS TO TERRITORIES.''.

    (g) Section 13 of the Pittman-Robertson Wildlife Restoration Act 
(as redesignated by section 105(a)(1)) is amended by striking ``Sec. 
13.'' and inserting the following:

``SEC. 13. RULES AND REGULATIONS.''.

SEC. 108. EFFECTIVE DATE.

    This title takes effect on October 1, 2001.

          TITLE II--ENDANGERED AND THREATENED SPECIES RECOVERY

SEC. 201. PURPOSE.

    The purpose of this title is to promote involvement by non-Federal 
entities in the recovery of--
            (1)(A) the endangered species of the United States;
            (B) the threatened species of the United States; and
            (C) the species of the United States that may become 
        endangered species or threatened species if conservation 
        actions are not taken to conserve and protect the species; and
            (2) the habitats on which the species depend.

SEC. 202. ENDANGERED AND THREATENED SPECIES RECOVERY ASSISTANCE.

    (a) In General.--Section 13 of the Endangered Species Act of 1973 
(87 Stat. 902) is amended to read as follows:

``SEC. 13. ENDANGERED AND THREATENED SPECIES RECOVERY ASSISTANCE.

    ``(a) Definitions.--In this section:
            ``(1) Conservation entity.--
                    ``(A) In general.--The term `conservation entity' 
                means a nonprofit entity that engages in activities to 
                conserve or protect fish, wildlife, or plants, or 
                habitats for fish, wildlife, or plants.
                    ``(B) Inclusions.--The term `conservation entity' 
                includes--
                            ``(i) a sportsmen's organization;
                            ``(ii) an environmental organization; and
                            ``(iii) a land trust.
            ``(2) Farm or ranch.--The term `farm or ranch' means an 
        activity with respect to which not less than $1,000 in income 
        is derived from agricultural production within a census year.
            ``(3) Person.--The term `person' includes a conservation 
        entity.
            ``(4) Small landowner.--The term `small landowner' means--
                    ``(A) an individual who owns land in a State that--
                            ``(i) is used as a farm or ranch; and
                            ``(ii) has an acreage of not more than the 
                        greater of--
                                    ``(I) 50 percent of the average 
                                acreage of a farm or ranch in the 
                                State; or
                                    ``(II) 160 acres of land; and
                    ``(B) an individual who owns land that--
                            ``(i) is not used as a farm or ranch; and
                            ``(ii) has an acreage of not more than 160 
                        acres.
            ``(5) Species at risk.--The term `species at risk' means a 
        species that may become an endangered species or a threatened 
        species if conservation actions are not taken to conserve and 
        protect the species.
            ``(6) Species recovery agreement.--The term `species 
        recovery agreement' means an endangered and threatened species 
        recovery agreement entered into under subsection (c).
    ``(b) Endangered and Threatened Species Recovery Assistance.--
            ``(1) Financial assistance.--The Secretary may provide 
        financial assistance to any person for development and 
        implementation of an endangered and threatened species recovery 
        agreement entered into by the Secretary and the person under 
        subsection (c).
            ``(2) Priority.--In providing financial assistance under 
        this subsection, the Secretary shall give priority to the 
        development and implementation of species recovery agreements 
        that--
                    ``(A) implement actions identified under recovery 
                plans approved by the Secretary under section 4(f);
                    ``(B) have the greatest potential for contributing 
                to the recovery of endangered species, threatened 
                species, or species at risk;
                    ``(C) benefit multiple endangered species, 
                threatened species, or species at risk;
                    ``(D) carry out activities specified in State or 
                local conservation plans; or
                    ``(E) are proposed by small landowners.
            ``(3) Prohibition on assistance for required activities.--
        The Secretary shall not provide financial assistance under this 
        subsection for any activity that is required--
                    ``(A) by a permit issued under section 10(a)(1)(B);
                    ``(B) by an incidental taking statement provided 
                under section 7(b)(4) (other than an incidental taking 
                statement with respect to a species recovery agreement 
                entered into by the Secretary under subsection (c)); or
                    ``(C) under another provision of this Act, any 
                other Federal law, or any State law.
            ``(4) Payments under other programs.--
                    ``(A) Other payments not affected.--Financial 
                assistance provided to a person under this subsection 
                shall be in addition to, and shall not affect, the 
                total amount of payments that the person is eligible to 
                receive under--
                            ``(i) the conservation reserve program 
                        established under subchapter B of chapter 1 of 
                        subtitle D of title XII of the Food Security 
                        Act of 1985 (16 U.S.C. 3831 et seq.);
                            ``(ii) the wetlands reserve program 
                        established under subchapter C of that chapter 
                        (16 U.S.C. 3837 et seq.);
                            ``(iii) the environmental quality 
                        incentives program established under chapter 4 
                        of subtitle D of title XII of the Food Security 
                        Act of 1985 (16 U.S.C. 3839aa et seq.); or
                            ``(iv) the Wildlife Habitat Incentive 
                        Program established under section 387 of the 
                        Federal Agriculture Improvement and Reform Act 
                        of 1996 (16 U.S.C. 3836a).
                    ``(B) Limitation.--A person shall not receive 
                financial assistance under a species recovery agreement 
                for any activity for which the person receives a 
                payment under a program referred to in subparagraph (A) 
                unless the species recovery agreement imposes on the 
                person a financial or management obligation in addition 
                to the obligations of the person under that program.
    ``(c) Endangered and Threatened Species Recovery Agreements.--
            ``(1) In general.--In accordance with this subsection, the 
        Secretary may enter into endangered and threatened species 
        recovery agreements.
            ``(2) Required terms.--The Secretary shall include in each 
        species recovery agreement with a person provisions that--
                    ``(A) require the person--
                            ``(i) to carry out on real property owned 
                        or leased by the person, or on Federal or State 
                        land, activities (such as activities that, 
                        consistent with applicable State water law 
                        (including regulations), make water available 
                        for endangered species, threatened species, or 
                        species at risk) that--
                                    ``(I) are not required by Federal 
                                or State law; and
                                    ``(II) contribute to the recovery 
                                of an endangered species, threatened 
                                species, or species at risk; or
                            ``(ii) to refrain from carrying out on real 
                        property owned or leased by the person 
                        otherwise lawful activities that would inhibit 
                        the recovery of an endangered species, 
                        threatened species, or species at risk, such as 
                        refraining from carrying out activities that, 
                        consistent with applicable State water law 
                        (including regulations), directly reduce the 
                        availability of water for such a species;
                    ``(B) describe the real property referred to in 
                clauses (i) and (ii) of subparagraph (A);
                    ``(C) specify species recovery goals for the 
                species recovery agreement, and activities for 
                attaining the goals;
                    ``(D)(i) require the person to make demonstrable 
                progress in accomplishing the species recovery goals; 
                and
                    ``(ii) specify a schedule for implementation of the 
                species recovery agreement;
                    ``(E) specify actions to be taken by the Secretary 
                or the person to monitor the effectiveness of the 
                species recovery agreement in attaining the species 
                recovery goals;
                    ``(F) require the person to notify the Secretary if 
                any right or obligation of the person under the species 
                recovery agreement is assigned to any other person;
                    ``(G) require the person to notify the Secretary if 
                any term of the species recovery agreement is breached;
                    ``(H) specify the date on which the species 
                recovery agreement takes effect and the period of time 
                during which the species recovery agreement shall 
                remain in effect;
                    ``(I) schedule the disbursement of financial 
                assistance provided under subsection (b) for 
                implementation of the species recovery agreement, on an 
                annual or other basis during the period in which the 
                species recovery agreement is in effect, based on the 
                schedule for implementation required under subparagraph 
                (D)(ii); and
                    ``(J) provide that the Secretary shall, subject to 
                paragraph (4)(C), terminate the species recovery 
                agreement if the person fails to carry out the species 
                recovery agreement.
            ``(3) Review and approval of proposed species recovery 
        agreements.--On submission by any person of a proposed species 
        recovery agreement under this subsection, the Secretary shall--
                    ``(A) review the proposed species recovery 
                agreement and determine whether the species recovery 
                agreement--
                            ``(i) complies with this subsection; and
                            ``(ii) will contribute to the recovery of 
                        each endangered species, threatened species, or 
                        species at risk that is the subject of the 
                        proposed species recovery agreement;
                    ``(B) propose to the person any additional 
                provisions that are necessary for the species recovery 
                agreement to comply with this subsection; and
                    ``(C) if the Secretary determines that the species 
                recovery agreement complies with this subsection, enter 
                into the species recovery agreement with the person.
            ``(4) Monitoring of implementation of species recovery 
        agreements.--The Secretary shall--
                    ``(A) periodically monitor the implementation of 
                each species recovery agreement;
                    ``(B) based on the information obtained from the 
                monitoring, annually or otherwise disburse financial 
                assistance under this section to implement the species 
                recovery agreement as the Secretary determines to be 
                appropriate under the species recovery agreement; and
                    ``(C) if the Secretary determines that the person 
                is not making demonstrable progress in accomplishing 
                the species recovery goals specified under paragraph 
                (2)(C)--
                            ``(i) propose 1 or more modifications to 
                        the species recovery agreement that are 
                        necessary to accomplish the species recovery 
                        goals; or
                            ``(ii) terminate the species recovery 
                        agreement.
            ``(5) Limitation with respect to federal or state land.--
        The Secretary may enter into a species recovery agreement with 
        a person with respect to Federal or State land only if the 
        United States or the State, respectively, is a party to the 
        species recovery agreement.
    ``(d) Allocation of Funds.--Of the amounts made available to carry 
out this section for a fiscal year--
            ``(1) \1/3\ shall be made available to provide financial 
        assistance for development and implementation of species 
        recovery agreements by small landowners, subject to 
        subparagraphs (A) through (D) of subsection (b)(2);
            ``(2) \1/3\ shall be made available to provide financial 
        assistance for development and implementation of species 
        recovery agreements on public land, subject to subparagraphs 
        (A) through (D) of subsection (b)(2); and
            ``(3) \1/3\ shall be made available to provide financial 
        assistance for development and implementation of species 
        recovery agreements, subject to subsection (b)(2).
    ``(e) Limitation on Administrative Expenses.--Of the amounts made 
available to carry out this section for a fiscal year, not more than 3 
percent may be used to pay administrative expenses incurred in carrying 
out this section.''.
    (b) Authorization of Appropriations.--Section 15 of the Endangered 
Species Act of 1973 (16 U.S.C. 1542) is amended by adding at the end 
the following:
    ``(d) Endangered and Threatened Species Recovery Assistance.--There 
is authorized to be appropriated to carry out section 13 $150,000,000 
for each of fiscal years 2002 through 2006.''.
    (c) Conforming Amendment.--The table of contents in the first 
section of the Endangered Species Act of 1973 (16 U.S.C. prec. 1531) is 
amended by striking the item relating to section 13 and inserting the 
following:

``Sec. 13. Endangered and threatened species recovery assistance.''.

         TITLE III--NON-FEDERAL LAND CONSERVATION GRANT PROGRAM

SEC. 301. NON-FEDERAL LAND CONSERVATION GRANT PROGRAM.

    (a) In General.--The Partnerships for Wildlife Act (16 U.S.C. 3741 
et seq.) is amended by adding at the end the following:

``SEC. 7106. NON-FEDERAL LAND CONSERVATION GRANT PROGRAM.

    ``(a) Establishment.--In consultation with appropriate State, 
regional, and other units of government, the Secretary shall establish 
a competitive grant program, to be known as the `Non-Federal Land 
Conservation Grant Program' (referred to in this section as the 
`program'), to make grants to States or groups of States to pay the 
Federal share determined under subsection (c)(4) of the costs of 
conservation of non-Federal land or water of regional or national 
significance.
    ``(b) Ranking Criteria.--In selecting among applications for grants 
for projects under the program, the Secretary shall--
            ``(1) rank projects according the extent to which a 
        proposed project will protect watersheds and important scenic, 
        cultural, recreational, fish, wildlife, and other ecological 
        resources; and
            ``(2) subject to paragraph (1), give preference to proposed 
        projects--
                    ``(A) that seek to protect ecosystems;
                    ``(B) that are developed in collaboration with 
                other States;
                    ``(C) with respect to which there has been public 
                participation in the development of the project 
                proposal;
                    ``(D) that are supported by communities and 
                individuals that are located in the immediate vicinity 
                of the proposed project or that would be directly 
                affected by the proposed project; or
                    ``(E) that the State considers to be a State 
                priority.
    ``(c) Grants to States.--
            ``(1) Notice of deadline for applications.--The Secretary 
        shall give reasonable advance notice of each deadline for 
        submission of applications for grants under the program by 
        publication of a notice in the Federal Register.
            ``(2) Submission of applications.--
                    ``(A) In general.--A State or group of States may 
                submit to the Secretary an application for a grant 
                under the program.
                    ``(B) Required contents of applications.--Each 
                application shall include--
                            ``(i) a detailed description of each 
                        proposed project;
                            ``(ii) a detailed analysis of project 
                        costs, including costs associated with--
                                    ``(I) planning;
                                    ``(II) administration;
                                    ``(III) property acquisition; and
                                    ``(IV) property management;
                            ``(iii) a statement describing how the 
                        project is of regional or national 
                        significance; and
                            ``(iv) a plan for stewardship of any land 
                        or water, or interest in land or water, to be 
                        acquired under the project.
            ``(3) Selection of grant recipients.--Not later than 90 
        days after the date of receipt of an application, the Secretary 
        shall--
                    ``(A) review the application; and
                    ``(B)(i) notify the State or group of States of the 
                decision of the Secretary on the application; and
                    ``(ii) if the application is denied, provide an 
                explanation of the reasons for the denial.
            ``(4) Cost sharing.--The Federal share of the costs of a 
        project under the program shall be--
                    ``(A) in the case of a project to acquire an 
                interest in land or water that is not a permanent 
                conservation easement, not more than 50 percent of the 
                costs of the project;
                    ``(B) in the case of a project to acquire a 
                permanent conservation easement, not more than 70 
                percent of the costs of the project; and
                    ``(C) in the case of a project involving 2 or more 
                States, not more than 75 percent of the costs of the 
                project.
            ``(5) Effect of insufficiency of funds.--If the Secretary 
        determines that there are insufficient funds available to make 
        grants with respect to all applications that meet the 
        requirements of this subsection, the Secretary shall give 
        priority to those projects that best meet the ranking criteria 
        established under subsection (b).
            ``(6) Grants to state of new hampshire.--Notwithstanding 
        subsection (b) and paragraphs (3) and (5), the Secretary shall 
        make grants under the program to the State of New Hampshire to 
        pay the Federal share determined under paragraph (4) of the 
        costs of acquiring conservation easements with respect to land 
        or water located in northern New Hampshire and sold by 
        International Paper to the Trust for Public Land.
    ``(d) Report.--Not later than 60 days after the end of each fiscal 
year, the Secretary shall submit to the Committee on Environment and 
Public Works of the Senate and the Committee on Resources of the House 
of Representatives a report describing the grants made under this 
section, including an analysis of how projects were ranked under 
subsection (b).
    ``(e) Authorization of Appropriations.--There are authorized to be 
appropriated--
            ``(1) to carry out this section (other than subsection 
        (c)(6)) $50,000,000 for each of fiscal years 2002 through 2006; 
        and
            ``(2) to carry out subsection (c)(6) $9,000,000 for the 
        period of fiscal years 2002 and 2003.''.
    (b) Conforming Amendment.--Section 7105(g)(2) of the Partnerships 
for Wildlife Act (16 U.S.C. 3744(g)(2)) is amended by striking ``this 
chapter'' and inserting ``this section''.

   TITLE IV--CONSERVATION AND RESTORATION OF SHRUBLAND AND GRASSLAND

SEC. 401. CONSERVATION AND RESTORATION OF SHRUBLAND AND GRASSLAND.

    The Partnerships for Wildlife Act (16 U.S.C. 3741 et seq.) (as 
amended by section 301(a)) is amended by adding at the end the 
following:

``SEC. 7107. CONSERVATION AND RESTORATION OF SHRUBLAND AND GRASSLAND.

    ``(a) Definitions.--In this section:
            ``(1) Conservation activity.--The term `conservation 
        activity' means--
                    ``(A) a project or activity to reduce erosion;
                    ``(B) a prescribed burn;
                    ``(C) the restoration of riparian habitat;
                    ``(D) the control or elimination of invasive or 
                exotic species;
                    ``(E) the reestablishment of native grasses; and
                    ``(F) any other project or activity that restores 
                or enhances habitat for endangered species, threatened 
                species, or species at risk.
            ``(2) Conservation agreement.--The term `conservation 
        agreement' means an agreement entered into under subsection 
        (c).
            ``(3) Conservation entity.--
                    ``(A) In general.--The term `conservation entity' 
                means a nonprofit entity that engages in activities to 
                conserve or protect fish, wildlife, or plants, or 
                habitats for fish, wildlife, or plants.
                    ``(B) Inclusions.--The term `conservation entity' 
                includes--
                            ``(i) a sportsmen's organization;
                            ``(ii) an environmental organization; and
                            ``(iii) a land trust.
            ``(4) Covered land.--The term `covered land' means public 
        or private--
                    ``(A) natural grassland or shrubland that serves as 
                habitat for endangered species, threatened species, or 
                species at risk, as determined by the Secretary; or
                    ``(B) other land that--
                            ``(i) is located in an area that has been 
                        historically dominated by natural grassland or 
                        shrubland; and
                            ``(ii) if restored to natural grassland or 
                        shrubland, would have the potential to serve as 
                        habitat for endangered species, threatened 
                        species, or species at risk, as determined by 
                        the Secretary.
            ``(5) Endangered species.--The term `endangered species' 
        has the meaning given the term in section 3 of the Endangered 
        Species Act of 1973 (16 U.S.C. 1532).
            ``(6) Permit holder.--The term `permit holder' means an 
        individual who holds a grazing permit for covered land that is 
        the subject of a conservation agreement.
            ``(7) Program.--The term `program' means the conservation 
        assistance program established under subsection (b).
            ``(8) Species at risk.--The term `species at risk' means a 
        species that may become an endangered species or a threatened 
        species if conservation actions are not taken to conserve and 
        protect the species.
            ``(9) Threatened species.--The term `threatened species' 
        has the meaning given the term in section 3 of the Endangered 
        Species Act of 1973 (16 U.S.C. 1532).
    ``(b) Establishment of Program.--As soon as practicable after the 
date of enactment of this section, the Secretary shall establish a 
conservation assistance program to encourage the conservation and 
restoration of covered land.
    ``(c) Conservation Agreements.--
            ``(1) In general.--In carrying out the program, the 
        Secretary shall enter into a conservation agreement with a 
        landowner, permit holder, or conservation entity with respect 
        to covered land under which--
                    ``(A) the Secretary shall award a grant to the 
                landowner, permit holder, or conservation entity; and
                    ``(B) the landowner, permit holder, or conservation 
                entity shall use the grant to carry out 1 or more 
                conservation activities on the covered land that is the 
                subject of the conservation agreement.
            ``(2) Permitted activities.--
                    ``(A) In general.--Subject to subparagraph (B), a 
                conservation agreement may permit on the covered land 
                subject to the conservation agreement--
                            ``(i) operation of a managed grazing 
                        system;
                            ``(ii) haying or mowing (except during the 
                        nesting season for birds);
                            ``(iii) fire rehabilitation; and
                            ``(iv) the construction of fire breaks and 
                        fences.
                    ``(B) Limitation.--An activity described in 
                subparagraph (A) may be permitted only if the activity 
                contributes to maintaining the viability of natural 
                grass and shrub plant communities on the covered land 
                subject to the conservation agreement.
    ``(d) Payments Under Other Programs.--
            ``(1) Other payments not affected.--A grant awarded to a 
        landowner, permit holder, or conservation entity under this 
        section shall be in addition to, and shall not affect, the 
        total amount of payments that the landowner, permit holder, or 
        conservation entity is eligible to receive under--
                    ``(A) the conservation reserve program established 
                under subchapter B of chapter 1 of subtitle D of title 
                XII of the Food Security Act of 1985 (16 U.S.C. 3831 et 
                seq.);
                    ``(B) the wetlands reserve program established 
                under subchapter C of that chapter (16 U.S.C. 3837 et 
                seq.);
                    ``(C) the environmental quality incentives program 
                established under chapter 4 of subtitle D of title XII 
                of the Food Security Act of 1985 (16 U.S.C. 3839aa et 
                seq.); or
                    ``(D) the Wildlife Habitat Incentive Program 
                established under section 387 of the Federal 
                Agriculture Improvement and Reform Act of 1996 (16 
                U.S.C. 3836a).
            ``(2) Limitation.--A landowner, permit holder, or 
        conservation entity shall not receive a grant under a 
        conservation agreement for any activity for which the 
        landowner, permit holder, or conservation entity receives a 
        payment under a program referred to in paragraph (1) unless the 
        conservation agreement imposes on the landowner, permit holder, 
        or conservation entity a financial or management obligation in 
        addition to the obligations of the landowner, permit holder, or 
        conservation entity under that program.
    ``(e) Prohibition on Assistance for Required Activities.--The 
Secretary shall not award a grant under this section for any activity 
that is required under Federal or State law.
    ``(f) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $50,000,000 for each of fiscal 
years 2002 through 2006.''.

            Passed the Senate December 20 (legislative day, December 
      18), 2001.

            Attest:

                                                  JERI THOMSON,

                                                             Secretary.