[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 2231 Introduced in Senate (IS)]







110th CONGRESS
  1st Session
                                S. 2231

 To authorize the Secretary of the Interior to strengthen cooperative 
conservation efforts and to reduce barriers to the use of partnerships 
to enable Federal natural resource managers to meet their obligations, 
                        and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 25, 2007

Mr. Bingaman (by request) introduced the following bill; which was read 
  twice and referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
 To authorize the Secretary of the Interior to strengthen cooperative 
conservation efforts and to reduce barriers to the use of partnerships 
to enable Federal natural resource managers to meet their obligations, 
                        and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Cooperative Conservation Enhancement 
Act''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds that--
            (1) fostering innovation, emphasizing partnerships, 
        creating incentives for stewardship, drawing on information 
        from local citizens, and providing integrated decision-making 
        frameworks that involve States and localities in Federal 
        decision-making are successful cooperative conservation 
        strategies that help conserve our Nation's natural resources 
        and protect our environment;
            (2) Americans favor environmental protection and natural 
        resource management achieved through cooperation over conflict, 
        which is the goal of cooperative conservation;
            (3) successful conservation policies reside in the efforts 
        of citizens to maintain healthy land and waters and the 
        wildlife that depend on them, in particular, in the actions of 
        citizens in their own backyards, at their places of recreation 
        and work, on farms and ranches, and in communities across the 
        Nation;
            (4) to ensure long-term benefits and to meet program goals, 
        it is important for Federal, State, and local officials to tap 
        the ingenuity, imagination, and innovative spirit of citizens 
        at the local level, which is where the resolution to many 
        conservation challenges lies;
            (5) cooperative conservation represents a proven and 
        necessary approach to achieving conservation goals, and 
        includes the people who engage in activities on public and 
        private land and established measures by which to judge whether 
        actions have truly improved the environment, enhanced natural 
        resources, maintained healthy local communities, and fostered 
        dynamic economies;
            (6) through cooperative conservation, benefits to the 
        environment and natural resources are measured by results on 
        the ground, in the water, and in the air;
            (7) cooperative conservation emphasizes cooperative problem 
        solving, incentives, and cooperation over prescriptive rules;
            (8) cooperative conservation respects property rights, 
        contracts, and compacts;
            (9) actions taken by the Executive Branch to further 
        cooperative conservation have begun to show tangible results in 
        addressing the challenges that citizens and Federal land 
        managers are facing as they work to improve land, waters, and 
        wildlife habitat through partnered problem solving;
            (10) it is the intent of Congress to recognize the 
        importance of enhancing means available to landowners, States, 
        Indian tribes, and Federal land managers to achieve 
        improvements to the environment and natural resources through 
        cooperative conservation; and
            (11) the Secretary of the Interior is generally authorized 
        to undertake many activities with partners to conserve natural 
        resources and protect the environment, but that specific 
        authorization to accomplish these goals through cooperative 
        conservation would reinforce the importance of these goals.
    (b) Purposes.--The purposes of this Act are--
            (1) to strengthen and advance the Department of the 
        Interior's commitment to the improvement of the environment and 
        enhancement of natural resources through cooperative 
        conservation efforts;
            (2) to advance successful models of cooperative 
        conservation by ensuring clear, but flexible, authority for 
        programs currently carried out by the Department through its 
        bureaus under many disparate authorities;
            (3) to expand the use of cooperative conservation by 
        providing the Secretary of the Interior with new authorities to 
        better promote conservation partnerships with private 
        individuals, organizations, and government entities;
            (4) to further the use of partnerships to help the 
        Department's land and natural resource managers better meet 
        their obligations;
            (5) to promote conservation partnership capacity building; 
        and
            (6) to authorize the use of collaborative problem solving 
        and alternative dispute resolution in the Department's bureaus 
        and offices.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Cooperative conservation.--The term ``cooperative 
        conservation'' means actions that relate to the use, 
        enhancement, and enjoyment of natural resources, protection of 
        the environment, or both, and that involve collaborative 
        activity among Federal, State, local, and tribal governments, 
        private for-profit and nonprofit institutions, other 
        nongovernmental entities, or individuals.
            (2) Department.--The term ``Department'' means the 
        Department of the Interior.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.

                  TITLE I--WORKING LANDSCAPE PROJECTS

SEC. 101. SHORT TITLE.

    This title may be cited as the ``Working Landscape Projects Act of 
2007.''

SEC. 102. DEFINITIONS.

    In this title:
            (1) Administrative services.--The term ``administrative 
        services'' includes services and costs associated with the 
        operations of activities authorized under this title. These 
        services and costs shall include meeting announcements, 
        copying, and personnel and reasonable rental costs for 
        facilities necessary for implementing this title. Such services 
        and costs shall be consistent with applicable Federal rules, 
        regulations, and guidance.
            (2) Governance activities.--The term ``governance 
        activities'' means those activities required to ensure the 
        operation and implementation of projects described under this 
        title, including hiring personnel to coordinate project 
        implementation, providing oversight and monitoring of projects 
        and project goals, performing adaptive management techniques on 
        projects, coordinating activities with various partners, 
        performing scientific oversight of projects, including 
        commissioning scientific studies, and requesting data from 
        Federal, State, and local government officials, nonprofit 
        organizations, and private individuals.
            (3) Information dissemination activities.--The term 
        ``information dissemination activities'' includes broadcasting 
        the announcement of meetings and the distribution of reports, 
        memos, and other relevant information necessary for carrying 
        out the authorities under this title.
            (4) Landscape project partner.--The term ``landscape 
        project partner'' means a representative of Federal, State, or 
        tribal governments, private landowners or corporations, or 
        nonprofit organizations.

SEC. 103. AUTHORIZATION FOR ADMINISTRATIVE, GOVERNANCE, AND INFORMATION 
              DISSEMINATION PURPOSES.

    (a) In General.--(1) The Secretary is authorized, through a 
competitive process, to directly fund or reimburse landscape project 
partners for the development or maintenance of necessary administrative 
services, governance activities, and information dissemination 
activities necessary for the implementation of a landscape project.
    (2) The funding under paragraph (1) shall not exceed 3 years for a 
particular project.
    (3) In order to qualify for administrative funding, a project 
shall--
            (A) include participation by representatives from a 
        diversity of individuals and organizations, including 
        government;
            (B) affect several jurisdictions or land ownerships; and
            (C) have the potential for advancing cooperative 
        conservation across a geographical area.
    (b) Eligible Projects.--Such projects may include--
            (1) established cooperative projects that have a documented 
        record of success and demonstrated leadership and 
        organizational capacity;
            (2) existing conservation projects that are at the stage of 
        forming partnerships and require sustained capacity building; 
        or
            (3) new or proposed projects that have a plan for 
        establishing partnerships and developing landscape-based 
        projects.
    (c) Criteria.--Eligible applications shall--
            (1) exhibit a clear purpose;
            (2) demonstrate, or have a plan for establishing, 
        partnerships which include representation of key interests 
        through multiple partners;
            (3) use, or plan to use in the future, coordinated 
        management with Federal and other partners;
            (4) have developed performance goals and objectives 
        consistent, where appropriate, with departmental goals;
            (5) have developed a plan for implementing, monitoring, and 
        evaluating achievement of project performance goals and 
        objectives;
            (6) include non-Federal partners who commit resources to 
        the project such as technical resources or other funds, in-kind 
        services, contributions of individuals' time, or meeting 
        support;
            (7) demonstrate processes, practices, and outcomes that can 
        have general application by Federal agencies and other non-
        Federal entities;
            (8) receive Federal funding through a competitive process 
        established by the Secretary; and
            (9) have or expect to develop a plan for phasing to an 
        alternative non-Federal source of funds to sustain the 
        partnership at the conclusion of the Federal partnership 
        period.
    (d) Conservation Project Coordinator.--(1) Within 3 months after 
the date of enactment of this Act, the Secretary may designate a 
Department employee as a Conservation Project Coordinator (referred to 
in this subsection as the ``Coordinator''), who shall--
            (A) serve as the primary Federal coordinator of the 
        projects that receive funding under this section; and
            (B) oversee and encourage the expedited review and 
        execution of any and all Federal decisions associated with such 
        projects, including the issuance of necessary guidance, 
        decision memoranda, regulations, and other activities, as 
        necessary.
    (2) The Coordinator may also carry out such other related 
cooperative conservation related activities and projects as the 
Secretary deems appropriate.
    (3) All actions carried out by the Coordinator shall be related to 
the authorized programs and activities of the Department.

SEC. 104. FUNDING.

    For the purpose of implementing section 103 and from amounts 
available for programs identified in the President's annual budget 
submission as Cooperative Conservation Programs, the Secretary is 
authorized to use--
            (1) up to 5 percent of the funds made available for fiscal 
        year 2008;
            (2) up to 6 percent of the funds made available for fiscal 
        year 2009; and
            (3) up to 7 percent of the funds made available for fiscal 
        year 2010.

          TITLE II--LANDOWNER CONSERVATION ASSISTANCE MEASURES

SEC. 201. SHORT TITLE.

    This title may be cited as the ``Conservation Bank Program Act''.

SEC. 202. DEFINITIONS.

    In this title:
            (1) Bank operator.--The term ``bank operator'' means any 
        public or private entity responsible for operating or managing 
        a conservation bank under an agreement with a bank sponsor.
            (2) Bank sponsor.--The term ``bank sponsor'' means any 
        public or private entity responsible for establishing and, in 
        most circumstances, operating or managing a conservation bank 
        and for ensuring that the conservation bank complies with all 
        applicable laws.
            (3) Conservation bank.--The term ``conservation bank'' 
        means a parcel of land that--
                    (A) contains natural resource values that are 
                ecologically suitable with regard to topographic 
                features, habitat quality, compatibility of existing 
                and future land use activities surrounding the bank, 
                species use of the area, or any other factors 
                determined to be relevant by the Secretary for 
                achieving mitigation of specified species listed 
                pursuant to the Endangered Species Act of 1973 (16 
                U.S.C. 1531 et seq.) or candidates for listing under 
                that Act;
                    (B) is conserved and operated or managed in 
                perpetuity through a conservation easement held by a 
                bank sponsor which is responsible for enforcing the 
                terms of the easement for specified species listed 
                pursuant to the Endangered Species Act of 1973 (16 
                U.S.C. 1531 et seq.) or which are candidates for 
                listing under that Act; and
                    (C) is used to offset impacts occurring elsewhere 
                to the same resource values on nonconservation bank 
                land.
            (4) Conservation bank agreement.--The term ``conservation 
        bank agreement'' means a legally enforceable written agreement 
        between the conservation bank sponsor and, if applicable, 
        operator, and the Secretary that identifies the conditions and 
        criteria under which the conservation bank will be established 
        and operated or managed.
            (5) Conservation bank review team.--The term ``Conservation 
        Bank Review Team'' means the interagency group that can include 
        Federal, State, tribal, and local regulatory and resource 
        agency representatives that are signatories to a conservation 
        bank agreement and which oversee the establishment, use, and 
        operation of a conservation bank.
            (6) Credit.--The term ``credit'' means a unit of measure 
        representing the quantification of species or habitat 
        conservation values within a conservation bank.

SEC. 203. ESTABLISHMENT, USE, AND OPERATION OF CONSERVATION BANKS.

    (a) Conservation Banking.--(1) The Secretary, acting through the 
United States Fish and Wildlife Service, shall select the members of 
and convene a Conservation Bank Review Team to evaluate for acceptance 
proposals received from bank sponsors to establish conservation banks 
according to criteria that the Secretary shall establish in accordance 
with subsection (b).
    (2) If the Conservation Bank Review Team recommends a proposal, it 
shall present the proposal to the Secretary, who may modify or accept 
the proposal.
    (3) If the Secretary accepts the proposal, the Secretary may enter 
into a conservation bank agreement and is responsible for establishing 
the terms under which the conservation bank will operate.
    (4) Representatives on the Conservation Bank Review Team must 
unanimously agree in order for an acceptance to be transmitted to the 
Secretary.
    (b) Criteria for Conservation Banks.--In determining whether to 
approve a conservation bank proposal, a Conservation Bank Review Team 
shall consider such factors as the Secretary determines are 
appropriate, including whether the conservation bank would--
            (1) provide an economically effective process that provides 
        options to landowners to offset the adverse effects of proposed 
        projects to species covered by the conservation bank;
            (2) provide adequate mitigation for the species through 
        such strategies as preservation, management, restoration of 
        degraded habitat, connecting of separated habitats, buffering 
        of already protected areas, creation of habitat, and other 
        appropriate actions;
            (3) be of sufficient size to ensure the maintenance of 
        ecological integrity in perpetuity; and
            (4) provide funding assurances to provide for the 
        conservation bank's perpetual operation, management, 
        monitoring, and documentation costs.
    (c) Conservation Bank Agreement Requirements.--The bank agreement 
shall--
            (1) include a requirement for adequate funding, as 
        determined by the Secretary, to provide for the conservation 
        bank's perpetual operation, management, monitoring, and 
        documentation costs;
            (2) specify the exact legal location of the conservation 
        bank and its service area;
            (3) specify how credits will be established and managed;
            (4) include a requirement that the bank sponsor submit, at 
        the Secretary's request, periodic statements detailing the 
        finances of the conservation bank; and
            (5) require submission to the Secretary of periodic 
        monitoring reports on implementation of the conservation bank 
        agreement and such other matters as the Secretary may 
        prescribe.
    (d) Judicial Review.--Any party to an agreement entered into under 
this section may bring an action for violation of that agreement in the 
United States District Court for the District of Columbia.
    (e) Effect on Existing Conservation Banks.--Conservation banks 
established before the date of enactment of this Act are not required 
to comply with the criteria in this Act, except where such conservation 
banks create new conservation banks that are separate from the existing 
bank.

                   TITLE III--PROMOTING PARTNERSHIPS

SEC. 301. COOPERATION WITH OUTSIDE ENTITIES.

    Except as otherwise provided, in carrying out existing programs 
within the sums appropriated for such purposes, the Secretary or a 
designee is authorized to--
            (1) provide assistance to, and cooperate with, Federal, 
        State, local, public or private agencies, organizations, or 
        individuals or Indian tribes for purposes of carrying out any 
        measures that clearly and directly contribute to achieving 
        conservation or natural resource management-related mission and 
        performance goals of the Department or its bureaus; and
            (2) accept donations of land and or interests in land in 
        furtherance of the purposes of this section.

SEC. 302. ABILITY TO EXPEND FUNDS TO BENEFIT DEPARTMENT LAND.

    (a) Authorization of Activities.--In carrying out existing programs 
within the sums appropriated for such purposes, the Secretary or a 
designee is authorized to carry out activities on non-federally owned 
land provided those activities directly benefit the resource values and 
management of Federal land, including--
            (1) the preservation, conservation, and restoration of 
        coastal and riparian systems, watersheds, and wetlands;
            (2) the prevention, control, or eradication of invasive 
        exotic species that occupy adjacent non-Federal land; or
            (3) the restoration of natural resources, including native 
        wildlife habitat.
    (b) Limitations.--Such activities may only be conducted with the 
written permission of the landowner, and must clearly and directly 
benefit the specific Department land management unit by directly 
contributing to the programmatic and performance goals of that unit.
    (c) Ineligible Activities.--Eligible activities shall not include 
the construction of permanent capital improvements or acquisition of 
land.
    (d) Relationship to Existing Programs.--Nothing in this section 
supersedes or otherwise affects or alters the authority provided in 
title V.

SEC. 303. PUBLICIZING AND PROVIDING NON-FINANCIAL ASSISTANCE TO 
              PARTNERSHIPS.

    (a) In General.--In carrying out existing programs within the sums 
appropriated for such purposes, the Secretary or a designee is 
authorized to--
            (1) publicize partnership programs and opportunities 
        through publication of announcements in newspapers of general 
        circulation, in the Federal Register, or such other methods as 
        the Secretary determines are appropriate; and
            (2) provide nonfinancial assistance to private individuals 
        who are establishing nonprofit groups that are intended to 
        support the mission of a bureau or of a particular management 
        unit of a bureau, such as a park or refuge.
    (b) Clarifications.--(1) Nothing in this section shall authorize a 
Department employee to establish a nonprofit entity or other corporate 
entity to support the Department's mission, including by acting as an 
incorporator, founding board member, or by assuming any management or 
fiduciary responsibilities with respect to any such nonprofit or 
corporate entity.
    (2) Nothing in this section shall waive the application of the 
provisions of section 1913 of title 18, United States Code.

SEC. 304. CENTERS OF EXCELLENCE FOR PARTNERSHIP LEARNING.

    (a) Definition of Center of Excellence for Partnership Learning.--
In this section, the term ``Center of Excellence for Partnership 
Learning'' or ``Center'' means a Federal facility that is identified by 
the appropriate Secretary as meeting criteria established under this 
section and which provides Federal employees and their partners the 
opportunity to learn cooperative conservation-related best practices.
    (b) In General.--(1) In carrying out existing programs within the 
sums appropriated for such purposes, the Secretary and the Secretary of 
Agriculture may identify as Centers of Excellence for Partnership 
Learning sites under their jurisdiction that meet the criteria in 
subsection (c) with the purpose of providing Federal employees and 
partners, including State and local government employees, nonprofit 
employees, private sector employees, and employees of Indian tribes, 
the opportunity to learn the best practices involved in creating 
successful partnerships and a culture of collaboration.
    (2) Each Center identified under this section may develop and host 
a schedule of activities including--
            (A) visits;
            (B) seminars and other educational courses; and
            (C) opportunities for details or job swaps.
    (3) To the maximum extent practicable, each Center shall develop 
and accept applications for participation in Center activities from 
employees of the Department or the Department of Agriculture or of 
their partnering entities on a first-come, first-served basis.
    (c) Criteria for Identifying Centers of Excellence for Partnership 
Learning.--Each Center shall be identified based on the following 
criteria:
            (1) Partnership culture has been successfully integrated 
        into the organization, and is not dependent on any particular 
        individual.
            (2) The organization has demonstrated partnership success 
        stories that relate to identified partnership competencies.
            (3) The organization has the capacity to host and teach 
        others from the participating agencies.
            (4) The organization agrees to a schedule of hosting 
        activities.
            (5) The organization is willing to host follow-up 
        activities with participating individuals.
    (d) Incentives for Participation.--(1) The respective Secretary for 
each Center identified in this section is authorized to accept and use 
reimbursement from the participating agencies and partnering entities 
for the cost of operating the program.
    (2) The respective Secretary for each Center is authorized to 
provide reimbursement of travel and per diem expenses to Federal 
employees who participate in Center activities.

SEC. 305. PARTNERSHIP ROSTER.

    (a) In General.--The Secretary and the Secretary of Agriculture may 
establish and make available to the public a multiagency roster with 
the goal of enhancing capacity for partnerships and collaborative 
actions.
    (b) Authorized Activities.--The partnership roster authorized under 
this section shall provide nonfinancial assistance and information to 
government agencies, private sector organizations, and the public in a 
variety of areas, including--
            (1) identification and understanding of statutory and 
        regulatory authorities;
            (2) development and implementation of agreements and 
        contracts used in Department and Department of Agriculture 
        programs;
            (3) creation and management of nonprofit support groups;
            (4) diversification and strengthening of agency funding 
        through the use of partnerships, matching funds, and other 
        devices;
            (5) allowable avenues for and uses of private philanthropy;
            (6) development of a partnership-focused workplace;
            (7) building of community connections and fostering of 
        citizen engagement through the use of partnerships;
            (8) allowable avenues for donor recognition;
            (9) development of communication skills; and
            (10) conflict management and collaborative management.

              TITLE IV--COOPERATION AMONG FEDERAL AGENCIES

SEC. 401. SERVICE FIRST AUTHORITY.

    (a) In General.--The Secretary, through the Directors of the Bureau 
of Land Management, the U.S. Fish and Wildlife Service, and the 
National Park Service, and the Secretary of Agriculture, through the 
Chief of the U.S. Forest Service, may--
            (1) conduct projects, planning, permitting, leasing, 
        including leasing of real property and office space, 
        contracting and other activities, either jointly or on behalf 
        of one another;
            (2) co-locate in Federal offices and facilities leased or 
        owned by an agency of either Department;
            (3) promulgate special rules for issuance of unified 
        permits, applications, and leases; and
            (4) share or transfer equipment, vehicles, or other 
        personal property.
    (b) Delegation of Authority.--Consistent with section 403, the 
Secretary and the Secretary of Agriculture may make reciprocal 
delegations of their respective authorities, duties, and 
responsibilities in support of the activities authorized in this title 
to promote customer service and efficiency.

SEC. 402. USE OF FUNDS.

    (a) In General.--In carrying out the provisions of this title, the 
Secretary and the Secretary of Agriculture may make transfers of funds 
available and reimbursement of funds on an annual basis among the 
Bureau of Land Management, the U.S. Fish and Wildlife Service, the 
National Park Service, and the U.S. Forest Service, including transfers 
and reimbursements for multiyear projects that involve 1 or more of 
those agencies.
    (b) Limitation.--The authority provided in this title may not be 
used to circumvent requirements and limitations imposed on the use of 
funds.

SEC. 403. CONSTRUCTION.

    Nothing in this title shall alter, expand, or limit the 
applicability of any public law or regulation to land administered by 
the participating agencies of either Department.

                    TITLE V--COOPERATIVE ASSISTANCE

SEC. 501. FISH AND WILDLIFE SERVICE COASTAL PROGRAM.

    (a) Definitions.--In this section--
            (1) Coastal program partners.--The term ``coastal program 
        partners'' means individuals, groups, or agencies, such as land 
        conservancies, community organizations, businesses, 
        conservation organizations, private landowners, State or local 
        governments, and Federal agencies, including any partnerships 
        or consortia of these individuals, groups, or agencies, who 
        agree to work on habitat restoration or protection strategies 
        under this program.
            (2) Habitat restoration.--The term ``habitat restoration'' 
        means the manipulation of the physical, chemical, or biological 
        characteristics of a site with the goal of returning natural 
        functions to the lost or degraded native habitat.
            (3) Important coastal habitat.--
                    (A) In general.--The term ``Important Coastal 
                Habitat'' means habitat in coastal ecosystems that 
                supports or will support after protection or 
                restoration threatened and endangered species, fishery 
                resources under the Department's jurisdiction, and 
                migratory birds.
                    (B) Inclusions.--The term ``Important Coastal 
                Habitat'' includes the Great Lakes, Pacific Islands, 
                and the Caribbean, and bays, estuaries, coastal 
                streams, and wetlands, shore, and terrestrial habitats 
                within coastal areas.
            (4) Priority species.--The term ``priority species'' means 
        threatened and endangered species, fishery resources under the 
        Department's jurisdiction, and migratory birds.
            (5) Project.--The term ``project'' means a project carried 
        out under the authority of this section in cooperation with 
        coastal program partners and which has the primary purpose of 
        conserving important coastal habitat, and which may include 
        habitat restoration and other technical assistance.
            (6) Technical assistance.--The term ``technical 
        assistance'' means biological and habitat assessments, 
        inventories, project coordination, monitoring, mapping, grant 
        writing, and habitat restoration expertise.
    (b) Coastal Program.--The Secretary is authorized to carry out the 
Coastal Program within the United States Fish and Wildlife Service to 
assess, conserve, and restore important coastal habitats for the 
benefit of priority species. Projects carried out under this authority 
may include activities to identify, evaluate, and map important coastal 
habitat, to assist community efforts by providing assessment and 
planning tools to identify important coastal habitats that are a 
priority for protection and restoration, and to provide both technical 
assistance and financial assistance, primarily through cooperative 
agreements, to coastal program partners to plan and implement projects 
that benefit coastal wetland, estuaries, upland, and stream habitats 
important to priority species.
    (c) Coordination.--The Secretary shall, where appropriate, 
coordinate with interested Federal agencies on the program authorized 
under this section.

SEC. 502. COOPERATIVE CONSERVATION CHALLENGE COST-SHARE.

    (a) Definitions.--In this section:
            (1) Habitat enhancement.--
                    (A) In general.--The term ``habitat enhancement'' 
                means the manipulation of the physical, chemical, or 
                biological characteristics of a native habitat to 
                change, so as to heighten, intensify, or improve, a 
                specific function or seral stage of the native habitat.
                    (B) Exclusions.--The term ``habitat enhancement'' 
                does not include regularly scheduled and routine 
                maintenance and management activities.
            (2) Habitat establishment.--The term ``habitat 
        establishment'' means the manipulation of physical, chemical, 
        or biological characteristics of a project site to create and 
        maintain habitat that did not previously exist on the project 
        site.
            (3) Habitat improvement.--The term ``habitat improvement'' 
        includes restoring or artificially providing physiographic, 
        hydrological, or disturbance conditions necessary to establish 
        or maintain native plant and animal communities, including 
        periodic manipulations to maintain intended habitat conditions 
        on completed project sites.
            (4) Habitat restoration.--The term ``habitat restoration'' 
        means the manipulation of the physical, chemical, or biological 
        characteristics of a site with the goal of returning natural 
        functions to the lost or degraded native habitat.
    (b) Challenge Cost Share Agreement Authority.--
            (1) In general.--The Secretary, acting through the United 
        States Fish and Wildlife Service, the National Park Service, or 
        the Bureau of Land Management, is authorized to negotiate and 
        enter into cooperative arrangements with any State or local 
        government, Indian tribe, public or private agency, 
        organization, institution, corporation, individual, or other 
        entity to carry out on a public-private cost sharing basis on-
        the-ground conservation activities, including functions and 
        responsibilities relating to habitat improvement, habitat 
        restoration, habitat enhancement, and habitat establishment on 
        public or private land.
            (2) Private land.--Projects carried out on private land 
        require--
                    (A) express permission from landowners;
                    (B) a clear and direct benefit to the specific 
                Departmental land management unit entering into the 
                arrangement through the direct contribution to the 
                programmatic and performance goals of that unit; and
                    (C) that the project be adjacent to, or in close 
                proximity to, land administered by the Department.
            (3) Effect on existing laws.--Nothing in this section shall 
        be construed to supersede, modify, or repeal existing laws 
        providing additional cost-share authorities.
            (4) Cost-sharing.--(A) The Federal share for a project 
        authorized under this section may not exceed 50 percent and 
        shall be provided on a matching basis.
            (B) The non-Federal share for a project authorized under 
        this section may be satisfied by the provision of cash, 
        services, or in-kind contributions.

SEC. 503. WATER MANAGEMENT IMPROVEMENT ACT.

    (a) Short Title.--This section may be cited as the ``Bureau of 
Reclamation Water Management Improvement Act''.
    (b) Authorization of Grants and Cooperative Agreements.--
            (1) In general.--The Secretary is authorized to enter into 
        grants and cooperative agreements with States, Indian tribes, 
        irrigation districts, water districts, or other organizations 
        with water delivery authority to fund up to 50 percent of the 
        cost of planning, designing, or constructing improvements that 
        will conserve water, increase water use efficiency, facilitate 
        water markets, enhance water management, or implement other 
        actions to prevent water-related crises or conflicts in 
        watersheds that have a nexus to Federal water projects within 
        the States identified in section 1 of the Reclamation Act of 
        1902 (Act of June 17, 1902, 32 Stat. 388, chapter 1093) as 
        amended and supplemented (43 U.S.C. 371 et seq.).
            (2) Criteria.--Grants and cooperative agreements entered 
        into pursuant to this authority shall meet the following 
        criteria:
                    (A) When such improvements are to federally owned 
                facilities, funds provided under any such grant or 
                cooperative agreement may be provided on a 
                nonreimbursable basis to an entity operating affected 
                transferred works or may be deemed nonreimbursable for 
                nontransferred works.
                    (B) Title to improvements made to federally owned 
                facilities shall be held by the United States.
                    (C) The calculation of the non-Federal contribution 
                shall provide for consideration of the value of any in-
                kind contributions which the Secretary determines 
                materially contribute to the completion of the proposed 
                action, but shall not include funds received from other 
                Federal agencies.
                    (D) The cost of operating and maintaining 
                improvements for which funding is provided shall be the 
                responsibility of the non-Federal entity.
                    (E) The United States shall not be held liable by 
                any court for monetary damages of any kind arising out 
                of any act, omission, or occurrence relating to non-
                federally owned facilities created or improved under 
                this section, except for damages caused by acts of 
                negligence committed by the United States or by its 
                employees or agents. Nothing in this section increases 
                the liability of the United States beyond that provided 
                in chapter 171 of title 28, United States Code 
                (popularly known as the ``Federal Tort Claims Act'').
    (c) Relationship To Project Specific Authority.--This section shall 
not supersede any existing project-specific funding authority.
    (d) Research Agreements.--The Secretary is also authorized to enter 
into cooperative agreements with universities, nonprofit research 
institutions, or organizations with water or power delivery authority 
to fund research to conserve water, increase water use efficiency, or 
enhance water management under such terms and conditions as the 
Secretary deems appropriate.
    (e) Mutual Benefit.--Grants or cooperative agreements made pursuant 
to this section may be for the mutual benefit of the United States and 
the other party.
    (f) Authorization of Appropriations.--There is authorized to be 
appropriated $100,000,000 to carry out the purposes of this section, to 
remain available until expended.
    (g) Reclamation Law.--This section shall amend and supplement the 
Act of June 17, 1902 (32 Stat. 388, chapter 1093) and Acts 
supplementary thereto and amendatory thereof (43 U.S.C. 371 et seq.).

SEC. 504. CONSULTATION WITH STATE PLANS.

    In evaluating proposals for wildlife conservation grants under 
programs administered by the Department, including grants and financial 
assistance authorized under this title, the Secretary shall, where 
appropriate, consult the State Comprehensive Conservation Plans 
required under the State and Tribal Wildlife Grant Program and 
coordinate with State fish and wildlife agencies in the planning and 
implementation of the actions identified in those Plans.

                     TITLE VI--CONFLICT RESOLUTION

SEC. 601. ALTERNATIVE DISPUTE RESOLUTION OFFICE.

    (a) In General.--(1) The Secretary shall establish within the 
Department an Office of Collaborative Action and Dispute Resolution to 
promote and advance the appropriate use of collaborative problem 
solving and alternative dispute resolution processes in all bureaus and 
offices.
    (2) The Office established under paragraph (1) shall coordinate 
efforts of the Department to increase the use of early consensus-
building, alternative dispute resolution processes, and negotiated 
rulemaking consistent with existing laws, regulations, and policies.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as are necessary to carry out the program 
described in this section.

                  TITLE VII--MISCELLANEOUS PROVISIONS

SEC. 701. SAVINGS PROVISION.

    Nothing contained in this Act shall be construed or applied to 
supersede any other provision of Federal or State law.

SEC. 702. SEVERABILITY PROVISION.

    If any provision of this Act, or the application of any provision 
of this Act to any person or circumstance, is held invalid by a court 
of competent jurisdiction, the application of such provision to other 
persons or circumstances, and the remainder of this Act shall not be 
affected thereby.

SEC. 703. REGULATIONS.

    The Secretary is authorized to prescribe such regulations as are 
necessary to carry out this Act.
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