[Congressional Record Volume 147, Number 77 (Wednesday, June 6, 2001)]
[Senate]
[Pages S5897-S5902]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. SMITH of New Hampshire:
  S. 990. 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; to the Committee on 
Environment and Public Works.
  Mr. SMITH of New Hampshire. Mr. President, I rise today to introduce 
a comprehensive wildlife conservation measure, the American Wildlife 
Enhancement Act of 2001. This bill will help to increase conservation 
efforts by promoting local control and State partnerships through 
flexible, incentive driven conservation programs and increased 
partnerships with local land owners. The true conservationists are 
those who live on and work the land, and it is my intention to provide 
the incentives to help them continue those efforts. People don't come 
to New Hampshire for the malls. They come to kayak, bike, fish, swim, 
hunt, hike trails, ski, and more. That's our industry. We cannot, and 
should not, turn away from that. I believe that when we conserve our 
wildlife and wildlife areas, we affirm our long-standing tradition of 
honoring our natural American heritage. This bill is about achieving 
that goal in a cooperative, partnership approach, something that 
unfortunately, the Federal Government has too long neglected.
  This bill will accomplish these goals by infusing additional funds 
into the popular Pittman-Robertson program; establishing a new 
competitive matching grant fund that would allow private landowners to 
apply for assistance to protect endangered and threatened species on 
their land; and establishing a new competitive grant fund that would 
allow one or several States to apply for a grant to protect an area of 
regional or national significance through the purchase of an easement 
or acquisition. This measure represents our best, and most effective, 
chances of addressing the growing needs for wildlife conservation in 
our Nation.
  Title I of this bill authorizes $350 million a year to enhance the 
Pittman-Robertson Wildlife Restoration program. Unlike the existing 
Pittman-Robertson program, which is funded through a tax on hunting 
equipment, the enhanced program would be authorized for a specific time 
period, would have to compete for funds through the appropriations 
process and would be held in an account that is separate from the 
already established Wildlife Restoration Fund.
  Funds for this enhanced program would be distributed to the States 
through a formula based on land area and population, with no State 
receiving less than one percent of the available funding. Projects 
eligible for funding through the new program would include: acquisition 
and improvement of wildlife habitat; hunter education; wildlife 
population surveys; construction of facilities to improve public 
access; management of wildlife areas; recreation; conservation 
education; and facility development and maintenance. States would pay 
for a project up front and would be reimbursed up to 75 percent of the 
total cost of the project. Similar language was included in last year's 
Commerce-State-Justice appropriations measure, but was authorized for 
one year, at a level of $50 million. The program has been successful 
since its inception, and should continue past this fiscal year. My bill 
would authorize this program for five years at a level of $350 million 
each year.
  The State of New Hampshire ranks 44th out of 50 States in land area 
and

[[Page S5898]]

41st in population. Still, the State received $487,000 out of the money 
appropriated in last year's Commerce-State-Justice appropriations bill. 
If my bill were enacted and fully appropriated, even a small State like 
New Hampshire would be eligible to receive $3.5 million. Believe me, 
$3.5 million would make an incredible difference not only for New 
Hampshire, but nationwide. There is not only a demonstrated need for 
these additional funds, but a keen interest in seeing this infusion of 
appropriations within a time-tested program, the Pittman-Robertson 
Wildlife Restoration Program, popular with sportsmen and women and 
conservationists alike.
  The second title of my bill establishes a new competitive matching 
grant fund that would allow private landowners to apply for assistance 
to protect endangered and threatened species on their land through the 
development and implementation of recovery agreements. A recovery 
agreement would provide an economic incentive to protect habitat for 
threatened and endangered species, list specific recovery goals, 
schedule an implementation plan, and monitor the results. In return for 
agreeing to carry out these activities, the landowner would receive 
financial compensation. Currently any effort that a private landowner 
undertakes to conserve an endangered species is paid for out-of-pocket. 
Under this bill though, for the first time, private landowners will be 
able to apply for a grant to assist in the recovery of endangered or 
threatened species on their property. In other words, they would be 
eligible to get compensation for some of the conservation measures that 
they now have to pay for themselves.
  That is a big step forward. Since approximately 90-percent of the 
listed endangered and threatened species inhabit non-federal lands, one 
of the keys to the successful recovery of our endangered and threatened 
species is the increased participation of private landowners. This is 
best achieved through a collaborative, not combative, process that 
provides landowners with an incentive to participate.
  This title is an amendment to the Endangered Species Act. This title 
should not be interpreted as a vehicle for comprehensive reform, but as 
a great opportunity to get dollars to those land owners who want to 
protect species today. I welcome the opportunity to work with all of my 
colleagues on comprehensive reform to the Endangered Species Act 
through hearings, debate and bipartisan legislation. However, in the 
meantime we need to provide private land owners the opportunity to 
protect the habitat of endangered species.

  The final title of my bill would establish a new competitive grant 
fund that would allow one or more States to apply for a grant to 
protect an area of regional or national significance through the 
purchase of an easement or acquisition. Without a source of flexible 
Federal funds such as this, States and local communities alone will be 
unable to protect some of the Nation's most important natural areas. I 
highlight the Northern Forest that spans the states of New Hampshire, 
Maine, Vermont, and New York; the Central Appalachian Highlands; the 
Mississippi Delta, just to name a few. This flexible funding will allow 
States and communities to protect vital natural, cultural and 
recreational areas without creating or expanding Federal units. Such a 
funding program promotes local control and multi-state partnerships, 
and is also cost-effective.
  I am a firm believer in preserving our national treasures for future 
generations to enjoy. I also believe that the States, local communities 
and individual property owners are in the best position to identify and 
protect the species and areas that are in the greatest need of 
conservation. But they also need financial assistance from the Federal 
Government to effectively conserve and manage the natural resources 
that need either protection or restoration. This belief is strongly 
reflected in my bill.
  I have received a very positive response for this bill from the 
interested constituencies, both in New Hampshire and nationwide. In 
general, there is a growing consensus that we must act now or we will 
lose many of our special places, and if we wait, what is destroyed or 
lost will be gone forever. It is our responsibility to act as stewards 
of the environment. I have said it before and I will say it again: it 
is not anti-conservative to be pro-environment.
  This bill is one that should attract the interest of both sides of 
the aisle. On that note, I would like to thank Senator Reid, my 
counterpart on the Environment and Public Works Committee, for his 
leadership on the issue of wildlife conservation. In April, he chaired 
a field hearing in Reno, NV, on State wildlife and conservation issues. 
I know he is engaged in this matter, and I look forward to working with 
him to advance the goals of the American Wildlife Enhancement Act.
  I encourage my colleagues to support the American Wildlife 
Enhancement Act of 2001 and ask that the text of the bill be printed in 
the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 990

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

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``American 
     Wildlife Enhancement Act of 2001''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title; table of contents.

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

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

          TITLE II--ENDANGERED AND THREATENED SPECIES RECOVERY

Sec. 201. Purpose.
Sec. 202. Endangered and threatened species recovery assistance.

         TITLE III--NON-FEDERAL LAND CONSERVATION GRANT PROGRAM

Sec. 301. Non-Federal land conservation grant program.

   TITLE 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 to sustain 
     healthy 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 or a territory.
       ``(3) Fund.--The term `fund' means the Federal aid to 
     wildlife restoration fund established by section 3(a)(1).
       ``(4) Secretary.--The term `Secretary' means the Secretary 
     of the Interior.
       ``(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.
       ``(6) Territory.--The term `territory' means Puerto Rico, 
     Guam, American Samoa, the Commonwealth of the Northern 
     Mariana Islands, and the Virgin Islands.
       ``(7) 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 indigenous species into the 
     previously occupied range of the species.

[[Page S5899]]

       ``(B) Wildlife conservation and restoration program.--For 
     the purposes of each wildlife conservation and restoration 
     program, the term `wildlife' includes fish.
       ``(8) 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).
       ``(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.
       ``(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.
       ``(11) 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 described in subparagraph (A) 
     that is suitable or capable of being made suitable for 
     feeding, resting, or breeding by wildlife;
       ``(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;
       ``(iii) such research into any problem of wildlife 
     management as is necessary for efficient administration of 
     wildlife resources; and
       ``(iv) 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.--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)--
       ``(i) $50,000,000 for fiscal year 2001; and
       ``(ii) $350,000,000 for each of fiscal years 2002 through 
     2006.''; 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 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--
       ``(A) 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; and
       ``(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 \1/4\ of 1 percent of that remaining 
     amount.
       ``(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, and territories--

       ``(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 a wide 
     variety of wildlife and associated habitats, including 
     species that are not hunted or fished, for projects 
     authorized

[[Page S5900]]

     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, 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.
       ``(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.''.

     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, and a 
     territory.
       ``(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 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.
       ``(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 (as defined in section 4 of the 
     Indian Self-Determination and Education Assistance Act (25 
     U.S.C. 450b));
       ``(iii) a wildlife conservation 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 begin implementation of 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 
     10 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, to the maximum extent practicable, 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).

       ``(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, as identified by the State.
       ``(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:

[[Page S5901]]

     ``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, or a territory 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 12 of the Pittman-Robertson Wildlife 
     Restoration Act (16 U.S.C. 669i) is amended by striking 
     ``Sec. 12.'' and inserting the following:

     ``SEC. 12. 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 the endangered species 
     and threatened species of the United States and 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) Small landowner.--The term `small landowner' means an 
     individual who owns not more than 150 acres of land.
       ``(2) 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 an endangered species or threatened species; and
       ``(C) 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 or any other 
     Federal 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 activities not required by other law that contribute 
     to the recovery of an endangered species or threatened 
     species; 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 or 
     threatened 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 reasonable efforts to 
     make measurable progress each year in achieving 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) 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
       ``(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).
       ``(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 or threatened species 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; and
       ``(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.
       ``(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.''.
       (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 $75,000,000 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:


[[Page S5902]]


``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 the fee simple 
     interest in land or water, not more than 50 percent of the 
     costs of the project;
       ``(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
       ``(C) in the case of a project involving 3 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).
       ``(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 is authorized 
     to be appropriated to carry out this section $50,000,000 for 
     each of fiscal years 2002 through 2006.''.
       (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''.
                                 ______