[Congressional Record Volume 147, Number 178 (Thursday, December 20, 2001)]
[Senate]
[Pages S14054-S14059]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




               AMERICAN WILDLIFE ENHANCEMENT ACT OF 2001

  Mr. REID. I ask unanimous consent that the Senate proceed to the 
immediate consideration of Calendar No. 283, S. 990.
  The PRESIDENT pro tempore. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (S. 990) to amend the Pittman-Robertson Wildlife 
     Restoration Act to improve the provisions relating to 
     wildlife conservation and restoration programs, and for other 
     purposes.

  There being no objection, the Senate proceeded to consider the bill 
which had been reported from the Committee on Environment and Public 
Works, with an amendment to strike all after the enacting clause and 
insert in lieu thereof the following:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

Sec. 1. Short title; table of contents.

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

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

          TITLE II--ENDANGERED AND THREATENED SPECIES RECOVERY

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

         TITLE III--NON-FEDERAL LAND CONSERVATION GRANT PROGRAM

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

   TITLE IV--CONSERVATION AND RESTORATION OF SHRUBLAND AND GRASSLAND

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

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

     SEC. 101. SHORT TITLE.

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

     SEC. 102. DEFINITIONS.

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

     ``SEC. 2. DEFINITIONS.

       ``In this Act:
       ``(1) Account.--The term `Account' means the Wildlife 
     Conservation and Restoration Account established by section 
     3(a)(2).

[[Page S14055]]

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

     SEC. 103. WILDLIFE CONSERVATION AND RESTORATION ACCOUNT.

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

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

       ``(a) In General.--
       ``(1) Federal aid to wildlife restoration fund.--An'';
       (2) in subsection (a), by striking paragraph (2) and 
     inserting the following:
       ``(2) Wildlife conservation and restoration account.--
       ``(A) Establishment.--There is established in the fund an 
     account to be known as the `Wildlife Conservation and 
     Restoration Account'.
       ``(B) Funding.--
       ``(i) In general.--There are authorized to be appropriated 
     to the Account for apportionment to States, the District of 
     Columbia, territories, and Indian tribes in accordance with 
     section 4(d)--

       ``(I) $50,000,000 for fiscal year 2001; and
       ``(II) $350,000,000 for each of fiscal years 2002 through 
     2006.

       ``(ii) Availability.--Notwithstanding the matter under the 
     heading `federal aid in wildlife restoration' under the 
     heading `Fish and Wildlife Service' in title I of chapter VII 
     of the General Appropriation Act, 1951 (64 Stat. 693), the 
     amount appropriated under clause (i)(II) for each of fiscal 
     years 2002 through 2006 shall be available for obligation in 
     that fiscal year.''; and
       (3) by striking subsections (c) and (d).
       (b) Conforming Amendments.--
       (1) Section 3(a)(1) of the Pittman-Robertson Wildlife 
     Restoration Act (16 U.S.C. 669b(a)(1)) is amended in the 
     first sentence--
       (A) by inserting ``(other than the Account)'' after 
     ``wildlife restoration fund''; and
       (B) by inserting before the period at the end the 
     following: ``(other than sections 4(d) and 12)''.
       (2) Section 4 of the Pittman-Robertson Wildlife Restoration 
     Act (16 U.S.C. 669c) is amended--
       (A) in subsection (a)--
       (i) in paragraph (1)(A)--

       (I) by inserting ``(other than the Account)'' after ``the 
     fund''; and
       (II) by inserting ``(other than subsection (d) and sections 
     3(a)(2) and 12)'' after ``this Act''; and

       (ii) in paragraph (2)(B), by inserting ``from the fund 
     (other than the Account)'' before ``under this Act''; and
       (B) in the first sentence of subsection (b), by striking 
     ``said fund'' and inserting ``the fund (other than the 
     Account)''.
       (3) Section 6 of the Pittman-Robertson Wildlife Restoration 
     Act (16 U.S.C. 669e) is amended--
       (A) in subsection (a)--
       (i) in the matter preceding paragraph (1), by inserting 
     ``(other than sections 4(d) and 12)'' after ``this Act'';
       (ii) in the last sentence of paragraph (1), by striking 
     ``this Act from funds apportioned under this Act'' and 
     inserting ``this Act (other than sections 4(d) and 12) from 
     funds apportioned from the fund (other than the Account) 
     under this Act'';
       (iii) in paragraph (2)--

       (I) in the first sentence, by inserting ``(other than 
     sections 4(d) and 12)'' after ``this Act''; and
       (II) in the last sentence, by striking ``said fund as 
     represents the share of the United States payable under this 
     Act'' and inserting ``the fund (other than the Account) as 
     represents the share of the United States payable from the 
     fund (other than the Account) under this Act''; and

       (iv) in the last paragraph, by inserting ``from the fund 
     (other than the Account)'' before ``under this Act'' each 
     place it appears; and
       (B) in subsection (b), by inserting ``(other than sections 
     4(d) and 12)'' after ``this Act'' each place it appears.
       (4) Section 8A of the Pittman-Robertson Wildlife 
     Restoration Act (16 U.S.C. 669g-1) is amended in the first 
     sentence by inserting ``from the fund (other than the 
     Account)'' before ``under this Act''.
       (5) Section 9 of the Pittman-Robertson Wildlife Restoration 
     Act (16 U.S.C. 669h) is amended in subsections (a) and (b)(1) 
     by striking ``section 4(a)(1)'' each place it appears and 
     inserting ``subsections (a)(1) and (d)(1) of section 4''.
       (6) Section 10 of the Pittman-Robertson Wildlife 
     Restoration Act (16 U.S.C. 669h-1) is amended--
       (A) in subsection (a)(1)--
       (i) by inserting ``(other than the Account)'' after ``the 
     fund''; and
       (ii) in subparagraph (B), by inserting ``but excluding any 
     use authorized solely by section 12'' after ``target 
     ranges''; and
       (B) in subsection (c)(2), by inserting before the period at 
     the end the following: ``(other than sections 4(d) and 12)''.
       (7) Section 11(a)(1) of the Pittman-Robertson Wildlife 
     Restoration Act (16 U.S.C. 669h-2(a)(1)) is amended by 
     inserting ``(other than the Account)'' after ``the fund''.

     SEC. 104. APPORTIONMENT OF AMOUNTS IN THE ACCOUNT.

       Section 4 of the Pittman-Robertson Wildlife Restoration Act 
     (16 U.S.C. 669c) is amended by striking the second subsection 
     (c) and subsection (d) and inserting the following:
       ``(d) Apportionment of Amounts in the Account.--

[[Page S14056]]

       ``(1) Deduction for administrative expenses.--For each 
     fiscal year, the Secretary may deduct, for payment of 
     administrative expenses incurred by the Secretary in carrying 
     out activities funded from the Account, not more than 3 
     percent of the total amount of the Account available for 
     apportionment for the fiscal year.
       ``(2) Apportionment to district of columbia, territories, 
     and indian tribes.--
       ``(A) In general.--For each fiscal year, after making the 
     deduction under paragraph (1), the Secretary shall apportion 
     from the amount in the Account remaining available for 
     apportionment--
       ``(i) to each of the District of Columbia and the 
     Commonwealth of Puerto Rico, a sum equal to not more than \1/
     2\ of 1 percent of that remaining amount;
       ``(ii) to each of Guam, American Samoa, the Commonwealth of 
     the Northern Mariana Islands, and the Virgin Islands, a sum 
     equal to not more than \1/4\ of 1 percent of that remaining 
     amount; and
       ``(iii) to Indian tribes, a sum equal to not more than 2\1/
     4\ percent of that remaining amount, of which, subject to 
     subparagraph (B)--

       ``(I) \1/3\ shall be apportioned among Indian tribes based 
     on the ratio that the trust land area of each Indian tribe 
     bears to the total trust land area of all Indian tribes; and
       ``(II) \2/3\ shall be apportioned among Indian tribes based 
     on the ratio that the population of each Indian tribe bears 
     to the total population of all Indian tribes.

       ``(B) Maximum apportionment for each indian tribe.--For 
     each fiscal year, the amounts apportioned under subparagraph 
     (A)(iii) shall be adjusted proportionately so that no Indian 
     tribe is apportioned a sum that is more than 5 percent of the 
     amount available for apportionment under subparagraph 
     (A)(iii) for the fiscal year.
       ``(3) Apportionment to states.--
       ``(A) In general.--Subject to subparagraph (B), for each 
     fiscal year, after making the deduction under paragraph (1) 
     and the apportionment under paragraph (2), the Secretary 
     shall apportion the amount in the Account remaining available 
     for apportionment among States in the following manner:
       ``(i) \1/3\ based on the ratio that the area of each State 
     bears to the total area of all States.
       ``(ii) \2/3\ based on the ratio that the population of each 
     State bears to the total population of all States.
       ``(B) Minimum and maximum apportionments.--For each fiscal 
     year, the amounts apportioned under this paragraph shall be 
     adjusted proportionately so that no State is apportioned a 
     sum that is--
       ``(i) less than 1 percent of the amount available for 
     apportionment under this paragraph for the fiscal year; or
       ``(ii) more than 5 percent of that amount.
       ``(4) Use.--
       ``(A) In general.--Apportionments under paragraphs (2) and 
     (3)--
       ``(i) shall supplement, but not supplant, funds available 
     to States, the District of Columbia, territories, and Indian 
     tribes--

       ``(I) from the fund; or
       ``(II) from the Sport Fish Restoration Account established 
     by section 9504(a) of the Internal Revenue Code of 1986; and

       ``(ii) shall be used to address the unmet needs for 
     wildlife (including species that are not hunted or fished, 
     and giving priority to species that are in decline), and the 
     habitats on which the wildlife depend, for projects 
     authorized to be carried out as part of wildlife conservation 
     and restoration programs in accordance with section 12.
       ``(B) Prohibition on diversion.--A State, the District of 
     Columbia, a territory, or an Indian tribe shall not be 
     eligible to receive an apportionment under paragraph (2) or 
     (3) if the Secretary determines that the State, the District 
     of Columbia, the territory, or the Indian tribe respectively, 
     diverts funds from any source of revenue (including interest, 
     dividends, and other income earned on the revenue) available 
     to the State, the District of Columbia, the territory, or the 
     Indian tribe after January 1, 2000, for conservation of 
     wildlife for any purpose other than the administration of the 
     State fish and game department in carrying out wildlife 
     conservation activities.
       ``(5) Period of availability of apportionments.--
     Notwithstanding section 3(a)(1), for each fiscal year, the 
     apportionment to a State, the District of Columbia, a 
     territory, or an Indian tribe from the Account under this 
     subsection shall remain available for obligation until the 
     end of the second following fiscal year.''.

     SEC. 105. WILDLIFE CONSERVATION AND RESTORATION PROGRAMS.

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

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

       ``(a) Definition of State.--In this section, the term 
     `State' means a State, the District of Columbia, a territory, 
     and an Indian tribe.
       ``(b) Wildlife Conservation and Restoration Programs.--
       ``(1) In general.--A State, acting through the State fish 
     and game department, may apply to the Secretary--
       ``(A) for approval of a wildlife conservation and 
     restoration program; and
       ``(B) to receive funds from the apportionment to the State 
     under section 4(d) to develop and implement the wildlife 
     conservation and restoration program.
       ``(2) Application contents.--As part of an application 
     under paragraph (1), a State shall provide documentation 
     demonstrating that the wildlife conservation and restoration 
     program of the State includes--
       ``(A) provisions vesting in the State fish and game 
     department overall responsibility and accountability for the 
     wildlife conservation and restoration program of the State;
       ``(B) provisions to identify which species in the State are 
     in greatest need of conservation; and
       ``(C) provisions for the development, implementation, and 
     maintenance, under the wildlife conservation and restoration 
     program, of--
       ``(i) wildlife conservation projects--

       ``(I) that expand and support other wildlife programs; and
       ``(II) that are selected giving appropriate consideration 
     to all species of wildlife in accordance with subsection (c);

       ``(ii) wildlife-associated recreation projects; and
       ``(iii) wildlife conservation education projects.
       ``(3) Public participation.--A State shall provide an 
     opportunity for public participation in the development, 
     implementation, and revision of the wildlife conservation and 
     restoration program of the State and projects carried out 
     under the wildlife conservation and restoration program.
       ``(4) Approval for funding.--If the Secretary finds that 
     the application submitted by a State meets the requirements 
     of paragraph (2), the Secretary shall approve the wildlife 
     conservation and restoration program of the State.
       ``(5) Payment of federal share.--
       ``(A) In general.--Subject to subparagraph (D), after the 
     Secretary approves a wildlife conservation and restoration 
     program of a State, the Secretary may use the apportionment 
     to the State under section 4(d) to pay the Federal share 
     of--
       ``(i) the cost of implementation of the wildlife 
     conservation and restoration program; and
       ``(ii) the cost of development, implementation, and 
     maintenance of each project that is part of the wildlife 
     conservation and restoration program.
       ``(B) Federal share.--The Federal share shall not exceed 75 
     percent.
       ``(C) Timing of payments.--Under such regulations as the 
     Secretary may promulgate, the Secretary--
       ``(i) shall make payments to a State under subparagraph (A) 
     during the course of a project; and
       ``(ii) may advance funds to pay the Federal share of the 
     costs described in subparagraph (A).
       ``(D) Maximum amount for certain activities.--
       ``(i) In general.--Notwithstanding section 8(a), except as 
     provided in clause (ii), for each fiscal year, not more than 
     10 percent of the apportionment to a State under section 4(d) 
     for the wildlife conservation and restoration program of the 
     State may be used for each of the following activities:

       ``(I) Law enforcement activities.
       ``(II) Wildlife-associated recreation projects.

       ``(ii) Exception.--For any fiscal year, the limitation 
     under clause (i) shall not apply to law enforcement 
     activities or wildlife-associated recreation projects in a 
     State if the State demonstrates to the satisfaction of the 
     Secretary that law enforcement activities or wildlife-
     associated recreation projects, respectively, have a 
     significant impact on high priority conservation activities.
       ``(6) Method of implementation of projects.--A State may 
     implement a project that is part of the wildlife conservation 
     and restoration program of the State through--
       ``(A) a grant made by the State to, or a contract entered 
     into by the State with--
       ``(i) any Federal, State, or local agency (including an 
     agency that gathers, evaluates, and disseminates information 
     on wildlife and wildlife habitats);
       ``(ii) an Indian tribe;
       ``(iii) a wildlife conservation organization, sportsmen's 
     organization, land trust, or other nonprofit organization; or
       ``(iv) an outdoor recreation or conservation education 
     entity; and
       ``(B) any other method determined appropriate by the State.
       ``(c) Wildlife Conservation Strategy.--
       ``(1) In general.--Not later than 5 years after the date of 
     the initial apportionment to a State under section 4(d), to 
     be eligible to continue to receive funds from the 
     apportionment to the State under section 4(d), the State 
     shall, as part of the wildlife conservation and restoration 
     program of the State, develop and implement a wildlife 
     conservation strategy that is based on the best available and 
     appropriate scientific information.
       ``(2) Required elements.--A wildlife conservation strategy 
     shall--
       ``(A) use such information on the distribution and 
     abundance of species of wildlife as is indicative of the 
     diversity and health of the wildlife of the State, including 
     such information on species with low populations and 
     declining numbers of individuals as the State fish and game 
     department determines to be appropriate;
       ``(B) identify the extent and condition of wildlife 
     habitats and community types essential to conservation of the 
     species of wildlife of the State identified using information 
     described in subparagraph (A);
       ``(C)(i) identify the problems that may adversely affect--
       ``(I) the species identified using information described in 
     subparagraph (A); and
       ``(II) the habitats of the species identified under 
     subparagraph (B); and
       ``(ii) provide for high priority research and surveys to 
     identify factors that may assist in the restoration and more 
     effective conservation of--
       ``(I) the species identified using information described in 
     subparagraph (A); and

[[Page S14057]]

       ``(II) the habitats of the species identified under 
     subparagraph (B);
       ``(D)(i) describe which actions should be taken to 
     conserve--
       ``(I) the species identified using information described in 
     subparagraph (A); and
       ``(II) the habitats of the species identified under 
     subparagraph (B); and
       ``(ii) establish priorities for implementing those actions; 
     and
       ``(E) provide for--
       ``(i) periodic monitoring of--

       ``(I) the species identified using information described in 
     subparagraph (A);
       ``(II) the habitats of the species identified under 
     subparagraph (B); and
       ``(III) the effectiveness of the conservation actions 
     described under subparagraph (D); and

       ``(ii) adaptation of conservation actions as appropriate to 
     respond to new information or changing conditions.
       ``(3) Public participation in development of strategy.--A 
     State shall provide an opportunity for public participation 
     in the development and implementation of the wildlife 
     conservation strategy of the State.
       ``(4) Review and revision.--Not less often than once every 
     7 years, a State shall review the wildlife conservation 
     strategy of the State and make any appropriate revisions.
       ``(5) Coordination.--During the development, 
     implementation, review, and revision of the wildlife 
     conservation strategy of the State, a State shall provide for 
     coordination between--
       ``(A) the State fish and game department; and
       ``(B) Federal, State, and local agencies and Indian tribes 
     that--
       ``(i) manage significant areas of land or water within the 
     State; or
       ``(ii) administer programs that significantly affect the 
     conservation of

       ``(I) the species identified using information described in 
     paragraph (2)(A); or
       ``(II) the habitats of the species identified under 
     paragraph (2)(B).

       ``(6) Effect of failure to develop or carry out wildlife 
     conservation strategy.--
       ``(A) In general.--If, in any fiscal year, a State fails to 
     develop, implement, obtain the approval of the Secretary for, 
     review, or revise a wildlife conservation strategy as 
     required under this subsection, the apportionment to the 
     State under section 4(d) for the following fiscal year shall 
     be reapportioned in accordance with section 4(d) to States 
     that carry out those activities as required under this 
     subsection.
       ``(B) Correction of deficiencies.--If a State whose 
     apportionment for a fiscal year is reapportioned under 
     subparagraph (A) subsequently carries out the activities 
     described in that subparagraph as required under this 
     subsection, the State shall be eligible to receive an 
     apportionment under section 4(d) for the fiscal year 
     following the fiscal year of the reapportionment.
       ``(d) Use of Funds for New and Existing Programs and 
     Projects.--Funds made available from the Account to carry out 
     activities under this section may be used--
       ``(1) to carry out new programs and projects; and
       ``(2) to enhance existing programs and projects.
       ``(e) Priority for Funding.--In using funds made available 
     from the Account to carry out activities under this section, 
     a State shall give priority to species that are in greatest 
     need of conservation--
       ``(1) as evidenced by--
       ``(A) a low population and declining numbers of 
     individuals;
       ``(B) a current threat or reasonably anticipated threat to 
     the habitat of the species; or
       ``(C) any other similar indicator of need of conservation; 
     or
       ``(2) as identified in the wildlife conservation strategy 
     of the State under subsection (c).
       ``(f) Limitation on Use of Funds for Wildlife Conservation 
     Education Projects.--Funds made available from the Account to 
     carry out wildlife conservation education projects shall not 
     be used to fund, in whole or in part, any activity that 
     promotes or encourages opposition to the regulated hunting or 
     trapping of wildlife.''.
       (b) Conforming Amendment.--Section 8(a) of the Pittman-
     Robertson Wildlife Restoration Act (16 U.S.C. 669g) is 
     amended by striking the last sentence.

     SEC. 106. NONAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT.

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

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

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

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

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

     SEC. 107. TECHNICAL AMENDMENTS.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

     SEC. 108. EFFECTIVE DATE.

       This title takes effect on October 1, 2001.

          TITLE II--ENDANGERED AND THREATENED SPECIES RECOVERY

     SEC. 201. PURPOSE.

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

     SEC. 202. ENDANGERED AND THREATENED SPECIES RECOVERY 
                   ASSISTANCE.

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

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

       ``(a) Definitions.--In this section:
       ``(1) Conservation entity.--
       ``(A) In general.--The term `conservation entity' means a 
     nonprofit entity that engages in activities to conserve or 
     protect fish, wildlife, or plants, or habitats for fish, 
     wildlife, or plants.
       ``(B) Inclusions.--The term `conservation entity' 
     includes--
       ``(i) a sportsmen's organization;
       ``(ii) an environmental organization; and
       ``(iii) a land trust.
       ``(2) Farm or ranch.--The term `farm or ranch' means an 
     activity with respect to which not less than $1,000 in income 
     is derived from agricultural production within a census year.
       ``(3) Person.--The term `person' includes a conservation 
     entity.
       ``(4) Small landowner.--The term `small landowner' means--
       ``(A) an individual who owns land in a State that--
       ``(i) is used as a farm or ranch; and
       ``(ii) has an acreage of not more than the greater of--

       ``(I) 50 percent of the average acreage of a farm or ranch 
     in the State; or
       ``(II) 160 acres of land; and

       ``(B) an individual who owns land that--
       ``(i) is not used as a farm or ranch; and
       ``(ii) has an acreage of not more than 160 acres.
       ``(5) Species at risk.--The term `species at risk' means a 
     species that may become an endangered species or a threatened 
     species if conservation actions are not taken to conserve and 
     protect the species.
       ``(6) Species recovery agreement.--The term `species 
     recovery agreement' means an endangered and threatened 
     species recovery agreement entered into under subsection (c).
       ``(b) Endangered and Threatened Species Recovery 
     Assistance.--
       ``(1) Financial assistance.--The Secretary may provide 
     financial assistance to any person for development and 
     implementation of an endangered and threatened species 
     recovery agreement entered into by the Secretary and the 
     person under subsection (c).
       ``(2) Priority.--In providing financial assistance under 
     this subsection, the Secretary shall give priority to the 
     development and implementation of species recovery agreements 
     that--
       ``(A) implement actions identified under recovery plans 
     approved by the Secretary under section 4(f);
       ``(B) have the greatest potential for contributing to the 
     recovery of endangered species, threatened species, or 
     species at risk;
       ``(C) benefit multiple endangered species, threatened 
     species, or species at risk;
       ``(D) carry out activities specified in State or local 
     conservation plans; or
       ``(E) are proposed by small landowners.
       ``(3) Prohibition on assistance for required activities.--
     The Secretary shall not provide financial assistance under 
     this subsection for any activity that is required--
       ``(A) by a permit issued under section 10(a)(1)(B);
       ``(B) by an incidental taking statement provided under 
     section 7(b)(4); or

[[Page S14058]]

       ``(C) under another provision of this Act, any other 
     Federal law, or any State law.
       ``(4) Payments under other programs.--
       ``(A) Other payments not affected.--Financial assistance 
     provided to a person under this subsection shall be in 
     addition to, and shall not affect, the total amount of 
     payments that the person is eligible to receive under--
       ``(i) the conservation reserve program established under 
     subchapter B of chapter 1 of subtitle D of title XII of the 
     Food Security Act of 1985 (16 U.S.C. 3831 et seq.);
       ``(ii) the wetlands reserve program established under 
     subchapter C of that chapter (16 U.S.C. 3837 et seq.);
       ``(iii) the environmental quality incentives program 
     established under chapter 4 of subtitle D of title XII of the 
     Food Security Act of 1985 (16 U.S.C. 3839aa et seq.); or
       ``(iv) the Wildlife Habitat Incentive Program established 
     under section 387 of the Federal Agriculture Improvement and 
     Reform Act of 1996 (16 U.S.C. 3836a).
       ``(B) Limitation.--A person shall not receive financial 
     assistance under a species recovery agreement for any 
     activity for which the person receives a payment under a 
     program referred to in subparagraph (A) unless the species 
     recovery agreement imposes on the person a financial or 
     management obligation in addition to the obligations of the 
     person under that program.
       ``(c) Endangered and Threatened Species Recovery 
     Agreements.--
       ``(1) In general.--In accordance with this subsection, the 
     Secretary may enter into endangered and threatened species 
     recovery agreements.
       ``(2) Required terms.--The Secretary shall include in each 
     species recovery agreement with a person provisions that--
       ``(A) require the person--
       ``(i) to carry out on real property owned or leased by the 
     person, or on Federal or State land, activities (such as 
     activities that, consistent with applicable State water law 
     (including regulations), make water available for endangered 
     species, threatened species, or species at risk) that--

       ``(I) are not required by Federal or State law; and
       ``(II) contribute to the recovery of an endangered species, 
     threatened species, or species at risk; or

       ``(ii) to refrain from carrying out on real property owned 
     or leased by the person otherwise lawful activities that 
     would inhibit the recovery of an endangered species, 
     threatened species, or species at risk, such as refraining 
     from carrying out activities that, consistent with applicable 
     State water law (including regulations), directly reduce the 
     availability of water for such a species;
       ``(B) describe the real property referred to in clauses (i) 
     and (ii) of subparagraph (A);
       ``(C) specify species recovery goals for the species 
     recovery agreement, and activities for attaining the goals;
       ``(D)(i) require the person to make demonstrable progress 
     in accomplishing the species recovery goals; and
       ``(ii) specify a schedule for implementation of the species 
     recovery agreement;
       ``(E) specify actions to be taken by the Secretary or the 
     person to monitor the effectiveness of the species recovery 
     agreement in attaining the species recovery goals;
       ``(F) require the person to notify the Secretary if any 
     right or obligation of the person under the species recovery 
     agreement is assigned to any other person;
       ``(G) require the person to notify the Secretary if any 
     term of the species recovery agreement is breached;
       ``(H) specify the date on which the species recovery 
     agreement takes effect and the period of time during which 
     the species recovery agreement shall remain in effect;
       ``(I) schedule the disbursement of financial assistance 
     provided under subsection (b) for implementation of the 
     species recovery agreement, on an annual or other basis 
     during the period in which the species recovery agreement is 
     in effect, based on the schedule for implementation required 
     under subparagraph (D)(ii); and
       ``(J) provide that the Secretary shall, subject to 
     paragraph (4)(C), terminate the species recovery agreement if 
     the person fails to carry out the species recovery agreement.
       ``(3) Review and approval of proposed species recovery 
     agreements.--On submission by any person of a proposed 
     species recovery agreement under this subsection, the 
     Secretary shall--
       ``(A) review the proposed species recovery agreement and 
     determine whether the species recovery agreement--
       ``(i) complies with this subsection; and
       ``(ii) will contribute to the recovery of each endangered 
     species, threatened species, or species at risk that is the 
     subject of the proposed species recovery agreement;
       ``(B) propose to the person any additional provisions that 
     are necessary for the species recovery agreement to comply 
     with this subsection; and
       ``(C) if the Secretary determines that the species recovery 
     agreement complies with this subsection, enter into the 
     species recovery agreement with the person.
       ``(4) Monitoring of implementation of species recovery 
     agreements.--The Secretary shall--
       ``(A) periodically monitor the implementation of each 
     species recovery agreement;
       ``(B) based on the information obtained from the 
     monitoring, annually or otherwise disburse financial 
     assistance under this section to implement the species 
     recovery agreement as the Secretary determines to be 
     appropriate under the species recovery agreement; and
       ``(C) if the Secretary determines that the person is not 
     making demonstrable progress in accomplishing the species 
     recovery goals specified under paragraph (2)(C)--
       ``(i) propose 1 or more modifications to the species 
     recovery agreement that are necessary to accomplish the 
     species recovery goals; or
       ``(ii) terminate the species recovery agreement.
       ``(5) Limitation with respect to federal or state land.--
     The Secretary may enter into a species recovery agreement 
     with a person with respect to Federal or State land only if 
     the United States or the State, respectively, is a party to 
     the species recovery agreement.
       ``(d) Allocation of Funds.--Of the amounts made available 
     to carry out this section for a fiscal year--
       ``(1) \1/3\ shall be made available to provide financial 
     assistance for development and implementation of species 
     recovery agreements by small landowners, subject to 
     subparagraphs (A) through (D) of subsection (b)(2);
       ``(2) \1/3\ shall be made available to provide financial 
     assistance for development and implementation of species 
     recovery agreements on public land, subject to subparagraphs 
     (A) through (D) of subsection (b)(2); and
       ``(3) \1/3\ shall be made available to provide financial 
     assistance for development and implementation of species 
     recovery agreements, subject to subsection (b)(2).
       ``(e) Limitation on Administrative Expenses.--Of the 
     amounts made available to carry out this section for a fiscal 
     year, not more than 3 percent may be used to pay 
     administrative expenses incurred in carrying out this 
     section.''.
       (b) Authorization of Appropriations.--Section 15 of the 
     Endangered Species Act of 1973 (16 U.S.C. 1542) is amended by 
     adding at the end the following:
       ``(d) Endangered and Threatened Species Recovery 
     Assistance.--There is authorized to be appropriated to carry 
     out section 13 $150,000,000 for each of fiscal years 2002 
     through 2006.''.
       (c) Conforming Amendment.--The table of contents in the 
     first section of the Endangered Species Act of 1973 (16 
     U.S.C. prec. 1531) is amended by striking the item relating 
     to section 13 and inserting the following:

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

         TITLE III--NON-FEDERAL LAND CONSERVATION GRANT PROGRAM

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

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

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

       ``(a) Establishment.--In consultation with appropriate 
     State, regional, and other units of government, the Secretary 
     shall establish a competitive grant program, to be known as 
     the `Non-Federal Land Conservation Grant Program' (referred 
     to in this section as the `program'), to make grants to 
     States or groups of States to pay the Federal share 
     determined under subsection (c)(4) of the costs of 
     conservation of non-Federal land or water of regional or 
     national significance.
       ``(b) Ranking Criteria.--In selecting among applications 
     for grants for projects under the program, the Secretary 
     shall--
       ``(1) rank projects according the extent to which a 
     proposed project will protect watersheds and important 
     scenic, cultural, recreational, fish, wildlife, and other 
     ecological resources; and
       ``(2) subject to paragraph (1), give preference to proposed 
     projects--
       ``(A) that seek to protect ecosystems;
       ``(B) that are developed in collaboration with other 
     States;
       ``(C) with respect to which there has been public 
     participation in the development of the project proposal;
       ``(D) that are supported by communities and individuals 
     that are located in the immediate vicinity of the proposed 
     project or that would be directly affected by the proposed 
     project; or
       ``(E) that the State considers to be a State priority.
       ``(c) Grants to States.--
       ``(1) Notice of deadline for applications.--The Secretary 
     shall give reasonable advance notice of each deadline for 
     submission of applications for grants under the program by 
     publication of a notice in the Federal Register.
       ``(2) Submission of applications.--
       ``(A) In general.--A State or group of States may submit to 
     the Secretary an application for a grant under the program.
       ``(B) Required contents of applications.--Each application 
     shall include--
       ``(i) a detailed description of each proposed project;
       ``(ii) a detailed analysis of project costs, including 
     costs associated with--

       ``(I) planning;
       ``(II) administration;
       ``(III) property acquisition; and
       ``(IV) property management;

       ``(iii) a statement describing how the project is of 
     regional or national significance; and
       ``(iv) a plan for stewardship of any land or water, or 
     interest in land or water, to be acquired under the project.
       ``(3) Selection of grant recipients.--Not later than 90 
     days after the date of receipt of an application, the 
     Secretary shall--
       ``(A) review the application; and
       ``(B)(i) notify the State or group of States of the 
     decision of the Secretary on the application; and
       ``(ii) if the application is denied, provide an explanation 
     of the reasons for the denial.
       ``(4) Cost sharing.--The Federal share of the costs of a 
     project under the program shall be--
       ``(A) in the case of a project to acquire an interest in 
     land or water that is not a permanent conservation easement, 
     not more than 50 percent of the costs of the project;

[[Page S14059]]

       ``(B) in the case of a project to acquire a permanent 
     conservation easement, not more than 70 percent of the costs 
     of the project; and
       ``(C) in the case of a project involving 2 or more States, 
     not more than 75 percent of the costs of the project.
       ``(5) Effect of insufficiency of funds.--If the Secretary 
     determines that there are insufficient funds available to 
     make grants with respect to all applications that meet the 
     requirements of this subsection, the Secretary shall give 
     priority to those projects that best meet the ranking 
     criteria established under subsection (b).
       ``(6) Grants to state of new hampshire.--Notwithstanding 
     subsection (b) and paragraphs (3) and (5), the Secretary 
     shall make grants under the program to the State of New 
     Hampshire to pay the Federal share determined under paragraph 
     (4) of the costs of acquiring conservation easements with 
     respect to land or water located in northern New Hampshire 
     and sold by International Paper to the Trust for Public Land.
       ``(d) Report.--Not later than 60 days after the end of each 
     fiscal year, the Secretary shall submit to the Committee on 
     Environment and Public Works of the Senate and the Committee 
     on Resources of the House of Representatives a report 
     describing the grants made under this section, including an 
     analysis of how projects were ranked under subsection (b).
       ``(e) Authorization of Appropriations.--There are 
     authorized to be appropriated--
       ``(1) to carry out this section (other than subsection 
     (c)(6)) $50,000,000 for each of fiscal years 2002 through 
     2006; and
       ``(2) to carry out subsection (c)(6) $9,000,000 for the 
     period of fiscal years 2002 and 2003.''.
       (b) Conforming Amendment.--Section 7105(g)(2) of the 
     Partnerships for Wildlife Act (16 U.S.C. 3744(g)(2)) is 
     amended by striking ``this chapter'' and inserting ``this 
     section''.

   TITLE IV--CONSERVATION AND RESTORATION OF SHRUBLAND AND GRASSLAND

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

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

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

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

  Mr. REID. Mr. President, Senator Smith has an amendment at the desk. 
I ask for its consideration; that the amendment be agreed to, the 
motion to reconsider be laid upon the table, the committee substitute 
amendment be agreed to, the bill, as amended, be read three times and 
passed, and the motion to reconsider be laid upon the table, with no 
further intervening action or debate, and any statements be printed in 
the Record.
  The PRESIDENT pro tempore. Without objection, it is so ordered.
  The amendment (No. 2694) was agreed to, as follows:

       On page 49, strike lines 7 through 14 and insert the 
     following:
       (1) Section 3 of the Pittman-Robertson Wildlife Restoration 
     Act (16 U.S.C. 669b) is amended--
       (A) in the first sentence of subsection (a)(1)--
       (i) by inserting ``(other than the Account)'' after 
     ``wildlife restoration fund''; and
       (ii) by inserting before the period at the end the 
     following: ``(other than sections 4(d) and 12)''; and
       (B) in subsection (b), by inserting ``(other than the 
     Account)'' after ``the fund'' each place it appears.
       On page 74, line 11, insert ``(other than an incidental 
     taking statement with respect to a species recovery agreement 
     entered into by the Secretary under subsection (c))'' before 
     the semicolon.

  The committee amendment in the nature of a substitute, as amended, 
was agreed to.
  The bill (S. 990), as amended, was read the third time and passed.

                          ____________________