[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 990 Reported in Senate (RS)]
Calendar No. 283
107th CONGRESS
1st Session
S. 990
[Report No. 107-123]
To amend the Pittman-Robertson Wildlife Restoration Act to improve the
provisions relating to wildlife conservation and restoration programs,
and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 6, 2001
Mr. Smith of New Hampshire (for himself, Mr. DeWine, Mr. Voinovich, Mr.
Warner, Mr. Graham, Mr. Chafee, Mr. Bond, Mr. Jeffords, Mr. Leahy, Mr.
Cleland, Mr. Crapo, Mr. Lieberman, Mr. Reid, Mr. Corzine, Mr. Miller,
Mr. Baucus, Mrs. Lincoln, and Mr. Dayton) introduced the following
bill; which was read twice and referred to the Committee on Environment
and Public Works
December 13, 2001
Reported by Mr. Jeffords, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
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,
<DELETED>SECTION 1. SHORT TITLE; TABLE OF CONTENTS.</DELETED>
<DELETED> (a) Short Title.--This Act may be cited as the ``American
Wildlife Enhancement Act of 2001''.</DELETED>
<DELETED> (b) Table of Contents.--The table of contents of this Act
is as follows:</DELETED>
<DELETED>Sec. 1. Short title; table of contents.
<DELETED>TITLE I--PITTMAN-ROBERTSON WILDLIFE CONSERVATION AND
RESTORATION PROGRAMS IMPROVEMENT
<DELETED>Sec. 101. Short title.
<DELETED>Sec. 102. Definitions.
<DELETED>Sec. 103. Wildlife Conservation and Restoration Account.
<DELETED>Sec. 104. Apportionment of amounts in the Account.
<DELETED>Sec. 105. Wildlife conservation and restoration programs.
<DELETED>Sec. 106. Nonapplicability of Federal Advisory Committee Act.
<DELETED>Sec. 107. Technical amendments.
<DELETED>Sec. 108. Effective date.
<DELETED>TITLE II--ENDANGERED AND THREATENED SPECIES RECOVERY
<DELETED>Sec. 201. Purpose.
<DELETED>Sec. 202. Endangered and threatened species recovery
assistance.
<DELETED>TITLE III--NON-FEDERAL LAND CONSERVATION GRANT PROGRAM
<DELETED>Sec. 301. Non-Federal land conservation grant program.
<DELETED>TITLE I--PITTMAN-ROBERTSON WILDLIFE CONSERVATION AND
RESTORATION PROGRAMS IMPROVEMENT</DELETED>
<DELETED>SEC. 101. SHORT TITLE.</DELETED>
<DELETED> This title may be cited as the ``Pittman-Robertson
Wildlife Conservation and Restoration Programs Improvement
Act''.</DELETED>
<DELETED>SEC. 102. DEFINITIONS.</DELETED>
<DELETED> (a) In General.--Section 2 of the Pittman-Robertson
Wildlife Restoration Act (16 U.S.C. 669a) is amended to read as
follows:</DELETED>
<DELETED>``SEC. 2. DEFINITIONS.</DELETED>
<DELETED> ``In this Act:</DELETED>
<DELETED> ``(1) Account.--The term `Account' means the
Wildlife Conservation and Restoration Account established by
section 3(a)(2).</DELETED>
<DELETED> ``(2) Conservation.--</DELETED>
<DELETED> ``(A) In general.--The term `conservation'
means the use of a method or procedure necessary or
desirable to sustain healthy populations of
wildlife.</DELETED>
<DELETED> ``(B) Inclusions.--The term `conservation'
includes any activity associated with scientific
resources management, such as--</DELETED>
<DELETED> ``(i) research;</DELETED>
<DELETED> ``(ii) census;</DELETED>
<DELETED> ``(iii) monitoring of
populations;</DELETED>
<DELETED> ``(iv) acquisition, improvement,
and management of habitat;</DELETED>
<DELETED> ``(v) live trapping and
transplantation;</DELETED>
<DELETED> ``(vi) wildlife damage
management;</DELETED>
<DELETED> ``(vii) periodic or total
protection of a species or population;
and</DELETED>
<DELETED> ``(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 or a
territory.</DELETED>
<DELETED> ``(3) Fund.--The term `fund' means the Federal aid
to wildlife restoration fund established by section
3(a)(1).</DELETED>
<DELETED> ``(4) Secretary.--The term `Secretary' means the
Secretary of the Interior.</DELETED>
<DELETED> ``(5) 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, or a
territory empowered under the laws of the State, the District
of Columbia, or the territory, respectively, to exercise the
functions ordinarily exercised by a State fish and game
department or a State fish and wildlife department.</DELETED>
<DELETED> ``(6) Territory.--The term `territory' means
Puerto Rico, Guam, American Samoa, the Commonwealth of the
Northern Mariana Islands, and the Virgin Islands.</DELETED>
<DELETED> ``(7) Wildlife.--</DELETED>
<DELETED> ``(A) In general.--Except as provided in
subparagraph (B), the term `wildlife' means--</DELETED>
<DELETED> ``(i) any species of wild, free-
ranging fauna (excluding fish); and</DELETED>
<DELETED> ``(ii) any species of fauna
(excluding fish) in a captive breeding program
the object of which is to reintroduce
individuals of a depleted indigenous species
into the previously occupied range of the
species.</DELETED>
<DELETED> ``(B) Wildlife conservation and
restoration program.--For the purposes of each wildlife
conservation and restoration program, the term
`wildlife' includes fish.</DELETED>
<DELETED> ``(8) Wildlife-associated recreation project.--The
term `wildlife-associated recreation project' means--</DELETED>
<DELETED> ``(A) a project intended to meet the
demand for an outdoor activity associated with
wildlife, such as hunting, fishing, and wildlife
observation and photography;</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(C) a project to provide access for a
project described in subparagraph (A) or (B).</DELETED>
<DELETED> ``(9) 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.</DELETED>
<DELETED> ``(10) 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.</DELETED>
<DELETED> ``(11) Wildlife-restoration project.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(B) Inclusions.--The term `wildlife-
restoration project' includes--</DELETED>
<DELETED> ``(i) acquisition of an area
described in subparagraph (A) that is suitable
or capable of being made suitable for feeding,
resting, or breeding by wildlife;</DELETED>
<DELETED> ``(ii) 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;</DELETED>
<DELETED> ``(iii) such research into any
problem of wildlife management as is necessary
for efficient administration of wildlife
resources; and</DELETED>
<DELETED> ``(iv) such preliminary or
incidental expenses as are incurred with
respect to activities described in this
paragraph.''.</DELETED>
<DELETED> (b) Conforming Amendments.--</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (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')''.</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (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''.</DELETED>
<DELETED>SEC. 103. WILDLIFE CONSERVATION AND RESTORATION
ACCOUNT.</DELETED>
<DELETED> (a) In General.--Section 3 of the Pittman-Robertson
Wildlife Restoration Act (16 U.S.C. 669b) is amended--</DELETED>
<DELETED> (1) by striking ``Sec. 3. (a)(1) An'' and
inserting the following:</DELETED>
<DELETED>``SEC. 3. FEDERAL AID TO WILDLIFE RESTORATION FUND.</DELETED>
<DELETED> ``(a) In General.--</DELETED>
<DELETED> ``(1) Federal aid to wildlife restoration fund.--
An'';</DELETED>
<DELETED> (2) in subsection (a), by striking paragraph (2)
and inserting the following:</DELETED>
<DELETED> ``(2) Wildlife conservation and restoration
account.--</DELETED>
<DELETED> ``(A) Establishment.--There is established
in the fund an account to be known as the `Wildlife
Conservation and Restoration Account'.</DELETED>
<DELETED> ``(B) Funding.--There are authorized to be
appropriated to the Account for apportionment to
States, the District of Columbia, and territories in
accordance with section 4(d)--</DELETED>
<DELETED> ``(i) $50,000,000 for fiscal year
2001; and</DELETED>
<DELETED> ``(ii) $350,000,000 for each of
fiscal years 2002 through 2006.'';
and</DELETED>
<DELETED> (3) by striking subsections (c) and (d).</DELETED>
<DELETED> (b) Conforming Amendments.--</DELETED>
<DELETED> (1) Section 3(a)(1) of the Pittman-Robertson
Wildlife Restoration Act (16 U.S.C. 669b(a)(1)) is amended in
the first sentence--</DELETED>
<DELETED> (A) by inserting ``(other than the
Account)'' after ``wildlife restoration fund'';
and</DELETED>
<DELETED> (B) by inserting before the period at the
end the following: ``(other than sections 4(d) and
12)''.</DELETED>
<DELETED> (2) Section 4 of the Pittman-Robertson Wildlife
Restoration Act (16 U.S.C. 669c) is amended--</DELETED>
<DELETED> (A) in subsection (a)--</DELETED>
<DELETED> (i) in paragraph (1)(A)--
</DELETED>
<DELETED> (I) by inserting ``(other
than the Account)'' after ``the fund'';
and</DELETED>
<DELETED> (II) by inserting ``(other
than subsection (d) and sections
3(a)(2) and 12)'' after ``this Act'';
and</DELETED>
<DELETED> (ii) in paragraph (2)(B), by
inserting ``from the fund (other than the
Account)'' before ``under this Act'';
and</DELETED>
<DELETED> (B) in the first sentence of subsection
(b), by striking ``said fund'' and inserting ``the fund
(other than the Account)''.</DELETED>
<DELETED> (3) Section 6 of the Pittman-Robertson Wildlife
Restoration Act (16 U.S.C. 669e) is amended--</DELETED>
<DELETED> (A) in subsection (a)--</DELETED>
<DELETED> (i) in the matter preceding
paragraph (1), by inserting ``(other than
sections 4(d) and 12)'' after ``this
Act'';</DELETED>
<DELETED> (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'';</DELETED>
<DELETED> (iii) in paragraph (2)--</DELETED>
<DELETED> (I) in the first sentence,
by inserting ``(other than sections
4(d) and 12)'' after ``this Act'';
and</DELETED>
<DELETED> (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</DELETED>
<DELETED> (iv) in the last paragraph, by
inserting ``from the fund (other than the
Account)'' before ``under this Act'' each place
it appears; and</DELETED>
<DELETED> (B) in subsection (b), by inserting
``(other than sections 4(d) and 12)'' after ``this
Act'' each place it appears.</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (6) Section 10 of the Pittman-Robertson Wildlife
Restoration Act (16 U.S.C. 669h-1) is amended--</DELETED>
<DELETED> (A) in subsection (a)(1)--</DELETED>
<DELETED> (i) by inserting ``(other than the
Account)'' after ``the fund''; and</DELETED>
<DELETED> (ii) in subparagraph (B), by
inserting ``but excluding any use authorized
solely by section 12'' after ``target ranges'';
and</DELETED>
<DELETED> (B) in subsection (c)(2), by inserting
before the period at the end the following: ``(other
than sections 4(d) and 12)''.</DELETED>
<DELETED> (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''.</DELETED>
<DELETED>SEC. 104. APPORTIONMENT OF AMOUNTS IN THE ACCOUNT.</DELETED>
<DELETED> 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:</DELETED>
<DELETED> ``(d) Apportionment of Amounts in the Account.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(2) Apportionment to district of columbia and
territories.--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--
</DELETED>
<DELETED> ``(A) to each of the District of Columbia
and the Commonwealth of Puerto Rico, a sum equal to not
more than </DELETED>\<DELETED>1/2</DELETED>\
<DELETED>of 1 percent of that remaining amount;
and</DELETED>
<DELETED> ``(B) to each of Guam, American Samoa, the
Commonwealth of the Northern Mariana Islands, and the
Virgin Islands, a sum equal to not more than
</DELETED>\<DELETED>1/4</DELETED>\ <DELETED>of 1
percent of that remaining amount.</DELETED>
<DELETED> ``(3) Apportionment to states.--</DELETED>
<DELETED> ``(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:</DELETED>
<DELETED> ``(i) </DELETED>\<DELETED>1/
3</DELETED>\ <DELETED>based on the ratio that
the area of each State bears to the total area
of all States.</DELETED>
<DELETED> ``(ii) </DELETED>\<DELETED>2/
3</DELETED>\ <DELETED>based on the ratio that
the population of each State bears to the total
population of all States.</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(i) less than 1 percent of the
amount available for apportionment under this
paragraph for the fiscal year; or</DELETED>
<DELETED> ``(ii) more than 5 percent of that
amount.</DELETED>
<DELETED> ``(4) Use.--</DELETED>
<DELETED> ``(A) In general.--Apportionments under
paragraphs (2) and (3)--</DELETED>
<DELETED> ``(i) shall supplement, but not
supplant, funds available to States, the
District of Columbia, and territories--
</DELETED>
<DELETED> ``(I) from the fund;
or</DELETED>
<DELETED> ``(II) from the Sport Fish
Restoration Account established by
section 9504(a) of the Internal Revenue
Code of 1986; and</DELETED>
<DELETED> ``(ii) shall be used to address
the unmet needs for a wide variety of wildlife
and associated habitats, including species that
are not hunted or fished, for projects
authorized to be carried out as part of
wildlife conservation and restoration programs
in accordance with section 12.</DELETED>
<DELETED> ``(B) Prohibition on diversion.--A State,
the District of Columbia, or a territory shall not be
eligible to receive an apportionment under paragraph
(2) or (3) if the Secretary determines that the State,
the District of Columbia, or the territory,
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, or the territory 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.</DELETED>
<DELETED> ``(5) Period of availability of apportionments.--
Notwithstanding section 3(a)(1), for each fiscal year, the
apportionment to a State, the District of Columbia, or a territory from
the Account under this subsection shall remain available for obligation
until the end of the second following fiscal year.''.</DELETED>
<DELETED>SEC. 105. WILDLIFE CONSERVATION AND RESTORATION
PROGRAMS.</DELETED>
<DELETED> (a) In General.--The Pittman-Robertson Wildlife
Restoration Act is amended--</DELETED>
<DELETED> (1) by redesignating sections 12 and 13 (16 U.S.C.
669i, 669 note) as sections 13 and 15, respectively;
and</DELETED>
<DELETED> (2) by inserting after section 11 (16 U.S.C. 669h-
2) the following:</DELETED>
<DELETED>``SEC. 12. WILDLIFE CONSERVATION AND RESTORATION
PROGRAMS.</DELETED>
<DELETED> ``(a) Definition of State.--In this section, the term
`State' means a State, the District of Columbia, and a
territory.</DELETED>
<DELETED> ``(b) Wildlife Conservation and Restoration Programs.--
</DELETED>
<DELETED> ``(1) In general.--A State, acting through the
State fish and game department, may apply to the Secretary--
</DELETED>
<DELETED> ``(A) for approval of a wildlife
conservation and restoration program; and</DELETED>
<DELETED> ``(B) to receive funds from the
apportionment to the State under section 4(d) to
develop and implement the wildlife conservation and
restoration program.</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(A) provisions vesting in the State fish
and game department overall responsibility and
accountability for the wildlife conservation and
restoration program of the State;</DELETED>
<DELETED> ``(B) provisions to identify which species
in the State are in greatest need of conservation;
and</DELETED>
<DELETED> ``(C) provisions for the development,
implementation, and maintenance, under the wildlife
conservation and restoration program, of--</DELETED>
<DELETED> ``(i) wildlife conservation
projects--</DELETED>
<DELETED> ``(I) that expand and
support other wildlife programs;
and</DELETED>
<DELETED> ``(II) that are selected
giving appropriate consideration to all
species of wildlife in accordance with
subsection (c);</DELETED>
<DELETED> ``(ii) wildlife-associated
recreation projects; and</DELETED>
<DELETED> ``(iii) wildlife conservation
education projects.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(5) Payment of federal share.--</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(i) the cost of implementation
of the wildlife conservation and restoration
program; and</DELETED>
<DELETED> ``(ii) the cost of development,
implementation, and maintenance of each project
that is part of the wildlife conservation and
restoration program.</DELETED>
<DELETED> ``(B) Federal share.--The Federal share
shall not exceed 75 percent.</DELETED>
<DELETED> ``(C) Timing of payments.--Under such
regulations as the Secretary may promulgate, the
Secretary--</DELETED>
<DELETED> ``(i) shall make payments to a
State under subparagraph (A) during the course
of a project; and</DELETED>
<DELETED> ``(ii) may advance funds to pay
the Federal share of the costs described in
subparagraph (A).</DELETED>
<DELETED> ``(D) Maximum amount for law enforcement
activities.--Notwithstanding section 8(a), 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 law enforcement
activities.</DELETED>
<DELETED> ``(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--
</DELETED>
<DELETED> ``(A) a grant made by the State to, or a
contract entered into by the State with--</DELETED>
<DELETED> ``(i) any Federal, State, or local
agency (including an agency that gathers,
evaluates, and disseminates information on
wildlife and wildlife habitats);</DELETED>
<DELETED> ``(ii) an Indian tribe (as defined
in section 4 of the Indian Self-Determination
and Education Assistance Act (25 U.S.C.
450b));</DELETED>
<DELETED> ``(iii) a wildlife conservation
organization; or</DELETED>
<DELETED> ``(iv) an outdoor recreation or
conservation education entity; and</DELETED>
<DELETED> ``(B) any other method determined
appropriate by the State.</DELETED>
<DELETED> ``(c) Wildlife Conservation Strategy.--</DELETED>
<DELETED> ``(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 begin implementation of a wildlife conservation strategy
that is based on the best available and appropriate scientific
information.</DELETED>
<DELETED> ``(2) Required elements.--A wildlife conservation
strategy shall--</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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);</DELETED>
<DELETED> ``(C)(i) identify the problems that may
adversely affect--</DELETED>
<DELETED> ``(I) the species identified using
information described in subparagraph (A);
and</DELETED>
<DELETED> ``(II) the habitats of the species
identified under subparagraph (B);
and</DELETED>
<DELETED> ``(ii) provide for high priority research
and surveys to identify factors that may assist in the
restoration and more effective conservation of--
</DELETED>
<DELETED> ``(I) the species identified using
information described in subparagraph (A);
and</DELETED>
<DELETED> ``(II) the habitats of the species
identified under subparagraph (B);</DELETED>
<DELETED> ``(D)(i) describe which actions should be
taken to conserve--</DELETED>
<DELETED> ``(I) the species identified using
information described in subparagraph (A);
and</DELETED>
<DELETED> ``(II) the habitats of the species
identified under subparagraph (B);
and</DELETED>
<DELETED> ``(ii) establish priorities for
implementing those actions; and</DELETED>
<DELETED> ``(E) provide for--</DELETED>
<DELETED> ``(i) periodic monitoring of--
</DELETED>
<DELETED> ``(I) the species
identified using information described
in subparagraph (A);</DELETED>
<DELETED> ``(II) the habitats of the
species identified under subparagraph
(B); and</DELETED>
<DELETED> ``(III) the effectiveness
of the conservation actions described
under subparagraph (D); and</DELETED>
<DELETED> ``(ii) adaptation of conservation
actions as appropriate to respond to new
information or changing conditions.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(4) Review and revision.--Not less often than
once every 10 years, a State shall review the wildlife
conservation strategy of the State and make any appropriate
revisions.</DELETED>
<DELETED> ``(5) Coordination.--During the development,
implementation, review, and revision of the wildlife
conservation strategy of the State, a State shall provide for
coordination, to the maximum extent practicable, between--
</DELETED>
<DELETED> ``(A) the State fish and game department;
and</DELETED>
<DELETED> ``(B) Federal, State, and local agencies
and Indian tribes that--</DELETED>
<DELETED> ``(i) manage significant areas of
land or water within the State; or</DELETED>
<DELETED> ``(ii) administer programs that
significantly affect the conservation
of</DELETED>
<DELETED> ``(I) the species
identified using information described
in paragraph (2)(A); or</DELETED>
<DELETED> ``(II) the habitats of the
species identified under paragraph
(2)(B).</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(1) to carry out new programs and projects;
and</DELETED>
<DELETED> ``(2) to enhance existing programs and
projects.</DELETED>
<DELETED> ``(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, as identified by the State.</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 106. NONAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE
ACT.</DELETED>
<DELETED> (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:</DELETED>
<DELETED>``SEC. 14. NONAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE
ACT.</DELETED>
<DELETED> ``Coordination with State fish and game department
personnel or with personnel of any other agency of a State, the
District of Columbia, or a territory under this Act shall not be
subject to the Federal Advisory Committee Act (5 U.S.C.
App.).''.</DELETED>
<DELETED> (b) Dingell-Johnson Sport Fish Restoration Act.--The
Dingell-Johnson Sport Fish Restoration Act is amended--</DELETED>
<DELETED> (1) by redesignating section 15 (16 U.S.C. 777
note) as section 16; and</DELETED>
<DELETED> (2) by inserting after section 14 (16 U.S.C. 777m)
the following:</DELETED>
<DELETED>``SEC. 15. NONAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE
ACT.</DELETED>
<DELETED> ``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.).''.</DELETED>
<DELETED>SEC. 107. TECHNICAL AMENDMENTS.</DELETED>
<DELETED> (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:</DELETED>
<DELETED>``SECTION 1. COOPERATION OF SECRETARY OF THE INTERIOR WITH
STATES.</DELETED>
<DELETED> ``The''.</DELETED>
<DELETED> (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:</DELETED>
<DELETED>``SEC. 5. CERTIFICATION OF AMOUNTS DEDUCTED OR
APPORTIONED.''.</DELETED>
<DELETED> (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:</DELETED>
<DELETED>``SEC. 6. SUBMISSION AND APPROVAL OF PLANS AND
PROJECTS.''.</DELETED>
<DELETED> (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:</DELETED>
<DELETED>``SEC. 7. PAYMENT OF FUNDS TO STATES.''.</DELETED>
<DELETED> (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:</DELETED>
<DELETED>``SEC. 8. MAINTENANCE OF PROJECTS; FUNDING OF HUNTER SAFETY
PROGRAMS AND PUBLIC TARGET RANGES.''.</DELETED>
<DELETED> (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:</DELETED>
<DELETED>``SEC. 8A. APPORTIONMENTS TO TERRITORIES.''.</DELETED>
<DELETED> (g) Section 12 of the Pittman-Robertson Wildlife
Restoration Act (16 U.S.C. 669i) is amended by striking ``Sec. 12.''
and inserting the following:</DELETED>
<DELETED>``SEC. 12. RULES AND REGULATIONS.''.</DELETED>
<DELETED>SEC. 108. EFFECTIVE DATE.</DELETED>
<DELETED> This title takes effect on October 1, 2001.</DELETED>
<DELETED>TITLE II--ENDANGERED AND THREATENED SPECIES RECOVERY</DELETED>
<DELETED>SEC. 201. PURPOSE.</DELETED>
<DELETED> The purpose of this title is to promote involvement by
non-Federal entities in the recovery of the endangered species and
threatened species of the United States and the habitats on which the
species depend.</DELETED>
<DELETED>SEC. 202. ENDANGERED AND THREATENED SPECIES RECOVERY
ASSISTANCE.</DELETED>
<DELETED> (a) In General.--Section 13 of the Endangered Species Act
of 1973 (87 Stat. 902) is amended to read as follows:</DELETED>
<DELETED>``SEC. 13. ENDANGERED AND THREATENED SPECIES RECOVERY
ASSISTANCE.</DELETED>
<DELETED> ``(a) Definitions.--In this section:</DELETED>
<DELETED> ``(1) Small landowner.--The term `small landowner'
means an individual who owns not more than 150 acres of
land.</DELETED>
<DELETED> ``(2) Species recovery agreement.--The term
`species recovery agreement' means an endangered and threatened
species recovery agreement entered into under subsection
(c).</DELETED>
<DELETED> ``(b) Endangered and Threatened Species Recovery
Assistance.--</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(2) Priority.--In providing financial assistance
under this subsection, the Secretary shall give priority to the
development and implementation of species recovery agreements
that--</DELETED>
<DELETED> ``(A) implement actions identified under
recovery plans approved by the Secretary under section
4(f);</DELETED>
<DELETED> ``(B) have the greatest potential for
contributing to the recovery of an endangered species
or threatened species; and</DELETED>
<DELETED> ``(C) are proposed by small
landowners.</DELETED>
<DELETED> ``(3) Prohibition on assistance for required
activities.--The Secretary shall not provide financial
assistance under this subsection for any activity that is
required--</DELETED>
<DELETED> ``(A) by a permit issued under section
10(a)(1)(B);</DELETED>
<DELETED> ``(B) by an incidental taking statement
provided under section 7(b)(4); or</DELETED>
<DELETED> ``(C) under another provision of this Act
or any other Federal law.</DELETED>
<DELETED> ``(4) Payments under other programs.--</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(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.);</DELETED>
<DELETED> ``(ii) the wetlands reserve
program established under subchapter C of that
chapter (16 U.S.C. 3837 et seq.);</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(c) Endangered and Threatened Species Recovery
Agreements.--</DELETED>
<DELETED> ``(1) In general.--In accordance with this
subsection, the Secretary may enter into endangered and
threatened species recovery agreements.</DELETED>
<DELETED> ``(2) Required terms.--The Secretary shall include
in each species recovery agreement with a person provisions
that--</DELETED>
<DELETED> ``(A) require the person--</DELETED>
<DELETED> ``(i) to carry out on real
property owned or leased by the person
activities not required by other law that
contribute to the recovery of an endangered
species or threatened species; or</DELETED>
<DELETED> ``(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
or threatened species;</DELETED>
<DELETED> ``(B) describe the real property referred
to in clauses (i) and (ii) of subparagraph
(A);</DELETED>
<DELETED> ``(C) specify species recovery goals for
the species recovery agreement, and activities for
attaining the goals;</DELETED>
<DELETED> ``(D)(i) require the person to make
reasonable efforts to make measurable progress each
year in achieving the species recovery goals;
and</DELETED>
<DELETED> ``(ii) specify a schedule for
implementation of the species recovery
agreement;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(G) require the person to notify the
Secretary if any term of the species recovery agreement
is breached;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(I) provide that the species recovery
agreement shall not be in effect on or after any date
on which the Secretary publishes a certification by the
Secretary that the person has not complied with the
species recovery agreement; and</DELETED>
<DELETED> ``(J) 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).</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(A) review the proposed species recovery
agreement and determine whether the species recovery
agreement--</DELETED>
<DELETED> ``(i) complies with this
subsection; and</DELETED>
<DELETED> ``(ii) will contribute to the
recovery of each endangered species or
threatened species that is the subject of the
proposed species recovery agreement;</DELETED>
<DELETED> ``(B) propose to the person any additional
provisions that are necessary for the species recovery
agreement to comply with this subsection; and</DELETED>
<DELETED> ``(C) if the Secretary determines that the
species recovery agreement complies with this
subsection, enter into the species recovery agreement
with the person.</DELETED>
<DELETED> ``(4) Monitoring of implementation of species
recovery agreements.--The Secretary shall--</DELETED>
<DELETED> ``(A) periodically monitor the
implementation of each species recovery agreement;
and</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(d) 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.''.</DELETED>
<DELETED> (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:</DELETED>
<DELETED> ``(d) Endangered and Threatened Species Recovery
Assistance.--There is authorized to be appropriated to carry out
section 13 $75,000,000 for each of fiscal years 2002 through
2006.''.</DELETED>
<DELETED> (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:</DELETED>
<DELETED>``Sec. 13. Endangered and threatened species recovery
assistance.''.
<DELETED>TITLE III--NON-FEDERAL LAND CONSERVATION GRANT
PROGRAM</DELETED>
<DELETED>SEC. 301. NON-FEDERAL LAND CONSERVATION GRANT
PROGRAM.</DELETED>
<DELETED> (a) In General.--The Partnerships for Wildlife Act (16
U.S.C. 3741 et seq.) is amended by adding at the end the
following:</DELETED>
<DELETED>``SEC. 7106. NON-FEDERAL LAND CONSERVATION GRANT
PROGRAM.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(b) Ranking Criteria.--In selecting among applications
for grants for projects under the program, the Secretary shall--
</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(2) subject to paragraph (1), give preference to
proposed projects--</DELETED>
<DELETED> ``(A) that seek to protect
ecosystems;</DELETED>
<DELETED> ``(B) that are developed in collaboration
with other States;</DELETED>
<DELETED> ``(C) with respect to which there has been
public participation in the development of the project
proposal;</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(E) that the State considers to be a
State priority.</DELETED>
<DELETED> ``(c) Grants to States.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(2) Submission of applications.--</DELETED>
<DELETED> ``(A) In general.--A State or group of
States may submit to the Secretary an application for a
grant under the program.</DELETED>
<DELETED> ``(B) Required contents of applications.--
Each application shall include--</DELETED>
<DELETED> ``(i) a detailed description of
each proposed project;</DELETED>
<DELETED> ``(ii) a detailed analysis of
project costs, including costs associated
with--</DELETED>
<DELETED> ``(I) planning;</DELETED>
<DELETED> ``(II)
administration;</DELETED>
<DELETED> ``(III) property
acquisition; and</DELETED>
<DELETED> ``(IV) property
management;</DELETED>
<DELETED> ``(iii) a statement describing how
the project is of regional or national
significance; and</DELETED>
<DELETED> ``(iv) a plan for stewardship of
any land or water, or interest in land or
water, to be acquired under the
project.</DELETED>
<DELETED> ``(3) Selection of grant recipients.--Not later
than 90 days after the date of receipt of an application, the
Secretary shall--</DELETED>
<DELETED> ``(A) review the application;
and</DELETED>
<DELETED> ``(B)(i) notify the State or group of
States of the decision of the Secretary on the
application; and</DELETED>
<DELETED> ``(ii) if the application is denied,
provide an explanation of the reasons for the
denial.</DELETED>
<DELETED> ``(4) Cost sharing.--The Federal share of the
costs of a project under the program shall be--</DELETED>
<DELETED> ``(A) in the case of a project to acquire
the fee simple interest in land or water, not more than
50 percent of the costs of the project;</DELETED>
<DELETED> ``(B) in the case of a project to acquire
less than the fee simple interest in land or water
(including acquisition of a conservation easement), not
more than 70 percent of the costs of the project;
and</DELETED>
<DELETED> ``(C) in the case of a project involving 3
or more States, not more than 75 percent of the costs
of the project.</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(e) 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.''.</DELETED>
<DELETED> (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''.</DELETED>
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(a)(1) of the Pittman-Robertson Wildlife
Restoration Act (16 U.S.C. 669b(a)(1)) is amended in the first
sentence--
(A) by inserting ``(other than the Account)'' after
``wildlife restoration fund''; and
(B) by inserting before the period at the end the
following: ``(other than sections 4(d) and 12)''.
(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); 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.''.
Calendar No. 283
107th CONGRESS
1st Session
S. 990
[Report No. 107-123]
_______________________________________________________________________
A BILL
To amend the Pittman-Robertson Wildlife Restoration Act to improve the
provisions relating to wildlife conservation and restoration programs,
and for other purposes.
_______________________________________________________________________
December 13, 2001
Reported with an amendment