[Congressional Record Volume 148, Number 147 (Thursday, November 14, 2002)]
[House]
[Pages H8898-H8911]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




               AMERICAN WILDLIFE ENHANCEMENT ACT OF 2001

  Mr. HANSEN. Mr. Speaker, I ask unanimous consent that the Committee 
on Resources be discharged from further consideration of the Senate 
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, and ask for its immediate 
consideration in the House.
  The Clerk read the title of the Senate bill.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Utah?
  Mr. GILCHREST. Mr. Speaker, reserving the right to object, and I will 
not object, but I just want to take this moment to tell the gentleman 
from Utah, the chairman of the Committee on Resources, that he has 
stayed the course, he has given that committee dignity, he has worked 
to improve the resources and nature's bounty and the approachability to 
use those resources for human progress; and I just wanted to say, Jim, 
thank you for your service to your country. I enjoyed serving on your 
committee.
  Mr. DREIER. Mr. Speaker, will the gentleman yield?
  Mr. GILCHREST. I yield to the gentleman from California.
  Mr. DREIER. Mr. Speaker, I would like to join in extending 
congratulations. We have just talked about two of our colleagues who 
are retiring. They were not in the Chamber. We actually have three of 
our colleagues in the Chamber at this moment at 2:22 in the morning as 
we retire.
  Of course, we have our friend, the gentleman from Texas (Mr. Armey), 
who is always in this Chamber, no matter what; and our friend, the 
gentleman from Utah (Mr. Hansen); and our friend, the gentleman from 
Oklahoma (Mr. Watkins), here as well.
  I would like to say to all three of our colleagues who are retiring 
how much we have appreciated their extraordinary service to this 
institution.
  I had the privilege of being elected in 1980 with Jim Hansen. He came 
as a former speaker of the House of Representatives of the State 
legislature in Utah and did a phenomenal job there, and came in with a 
class that was actually larger than the one that will be coming in for 
the 108th Congress. We ended up with a class of, in a bipartisan way, I 
think about 76 Members or so. We had 53 Republicans who came in, and it 
was the day that Ronald Reagan was elected President of the United 
States that Jim Hansen and I were elected to the House of 
Representatives. He provided just extraordinary leadership to us.
  I want to say on this issue that he has dealt with on the Committee 
on Resources dealing with the challenges that especially those of us in 
the West face, that I have appreciated his great service and his 
wonderful friendship; and I would like to say he will be missed, along 
with our friends, the gentleman from Texas (Mr. Armey) and, of course, 
the gentleman from Oklahoma (Mr. Watkins), who we are going to be 
hearing from I expect before too terribly long. He has just informed me 
he will be in both Oklahoma and Washington, D.C., and I am not going to 
say exactly why he will be in both locations. His wife told him that 
there is a reason for that, but I am not going to state it right now. 
But his service here has been extraordinary, working very hard in his 
work on the Committee on Ways and Means.
  I thank all of our friends who are retiring, but especially those 
three who are here at now 2:25 in the morning.
  Mr. TOM DAVIS of Virginia. Mr. Speaker, will the gentleman yield?
  Mr. GILCHREST. I yield to the gentleman from Virginia.
  Mr. TOM DAVIS of Virginia. Mr. Speaker, let me commend my friend, the 
gentleman from Utah (Mr. Hansen), for a distinguished career here, not 
only his stewardship of the Committee on Resources, but his stewardship 
of the most popular committee in the House, the Committee on Standards 
of Official Conduct. I know that could the gentleman have stayed on the 
Committee on Standards of Official Conduct as chairman, he would have 
probably stayed in this body, and his disappointment at going off that.
  But Jim was a pillar of integrity, picked by the leadership because 
of that, because of his objectivity in dealing with these kinds of 
issue, and the gentleman added a great dimension to this body. We will 
miss you and I hope you stay active, Jim.
  Mr. FARR of California. Mr. Speaker, will the gentleman yield?
  Mr. GILCHREST. I yield to the gentleman from California.
  Mr. FARR of California. Mr. Speaker, I would like to rise also. I 
came here as a freshman and was assigned to the Committee on Resources, 
which I think is probably the most important committee in Congress, 
because it really deals with the terrain of America, the landscape of 
America, the things that brings us such respect for this country,

[[Page H8899]]

its diversity and its incredible geography and beauty; and I found the 
gentleman from Utah (Mr. Hansen) to be an incredibly warm chairman, 
always listening, being very fair, a real gentleman as a chairman; and 
I have to say on the other side of the aisle that we were treated 
always fairly and our views were respected and bills were passed.
  I think that we are going to miss him. We are going to miss somebody 
that represents a State that really knows the beauty of America; and 
under his leadership we, Congress, rose to help that State put on the 
Olympics. It would not have happened without his leadership.
  So it is a real pleasure to have served with him, and I wish him all 
the luck in the world. Thank you.
  Mr. INSLEE. Mr. Speaker, will the gentleman yield?
  Mr. GILCHREST. I yield to the gentleman from Washington.
  Mr. INSLEE. Mr. Speaker, I would just like to report from the 
Democratic cloakroom that when we saw this spontaneous tribute to the 
gentleman from Utah (Mr. Hansen), somebody said, You know, he is a 
really nice guy, and there was universal shaking of the heads 
affirmatively. That is the highest praise.
  This has been a tremendous opportunity to work with the gentleman, 
Mr. Chairman, and Utah is a beautiful state and you have made it a 
little nicer being such a gracious person here.
  Mr. GILCHREST. Mr. Speaker, reclaiming my time, I would say to Wes 
Watkins, Dick Armey, Jim Hansen, thank you from the country's heart.
  Mr. HANSEN. Mr. Speaker, will the gentleman yield?
  Mr. GILCHREST. I yield to the gentleman from Utah.
  Mr. HANSEN. Mr. Speaker, I would like to express my appreciation for 
the kind words of my colleagues and friends. It has been very kind of 
them to say these things.
  Mr. GILCHREST. Mr. Speaker, I withdraw my reservation of objection.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Utah?
  There was no objection.
  The Clerk read the Senate bill, 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 IV--CONSERVATION AND RESTORATION OF SHRUBLAND AND GRASSLAND

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

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

     SEC. 101. SHORT TITLE.

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

     SEC. 102. DEFINITIONS.

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

     ``SEC. 2. DEFINITIONS.

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

[[Page H8900]]

     669b(a)(1)) is amended by striking ``(hereinafter referred to 
     as the `fund')''.
       (4) Section 6(c) of the Pittman-Robertson Wildlife 
     Restoration Act (16 U.S.C. 669e(c)) is amended by striking 
     ``established by section 3 of this Act''.
       (5) Section 11(b) of the Pittman-Robertson Wildlife 
     Restoration Act (16 U.S.C. 669h-2(b)) is amended by striking 
     ``wildlife restoration projects'' each place it appears and 
     inserting ``wildlife-restoration projects''.

     SEC. 103. WILDLIFE CONSERVATION AND RESTORATION ACCOUNT.

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

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

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

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

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

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

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

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

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

     SEC. 104. APPORTIONMENT OF AMOUNTS IN THE ACCOUNT.

       Section 4 of the Pittman-Robertson Wildlife Restoration Act 
     (16 U.S.C. 669c) is amended by striking the second subsection 
     (c) and subsection (d) and inserting the following:
       ``(d) Apportionment of Amounts in the Account.--
       ``(1) Deduction for administrative expenses.--For each 
     fiscal year, the Secretary may deduct, for payment of 
     administrative expenses incurred by the Secretary in carrying 
     out activities funded from the Account, not more than 3 
     percent of the total amount of the Account available for 
     apportionment for the fiscal year.
       ``(2) Apportionment to district of columbia, territories, 
     and indian tribes.--
       ``(A) In general.--For each fiscal year, after making the 
     deduction under paragraph (1), the Secretary shall apportion 
     from the amount in the Account remaining available for 
     apportionment--
       ``(i) to each of the District of Columbia and the 
     Commonwealth of Puerto Rico, a sum equal to not more than \1/
     2\ of 1 percent of that remaining amount;
       ``(ii) to each of Guam, American Samoa, the Commonwealth of 
     the Northern Mariana Islands, and the Virgin Islands, a sum 
     equal to not more than \1/4\ of 1 percent of that remaining 
     amount; and
       ``(iii) to Indian tribes, a sum equal to not more than 2\1/
     4\ percent of that remaining amount, of which, subject to 
     subparagraph (B)--

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

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

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

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

     SEC. 105. WILDLIFE CONSERVATION AND RESTORATION PROGRAMS.

       (a) In General.--The Pittman-Robertson Wildlife Restoration 
     Act is amended--
       (1) by redesignating sections 12 and 13 (16 U.S.C. 669i, 
     669 note) as sections 13 and 15, respectively; and

[[Page H8901]]

       (2) by inserting after section 11 (16 U.S.C. 669h-2) the 
     following:

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

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

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

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

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

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

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

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

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

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

[[Page H8902]]

       (b) Conforming Amendment.--Section 8(a) of the Pittman-
     Robertson Wildlife Restoration Act (16 U.S.C. 669g) is 
     amended by striking the last sentence.

     SEC. 106. NONAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT.

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

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

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

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

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

     SEC. 107. TECHNICAL AMENDMENTS.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

     SEC. 108. EFFECTIVE DATE.

       This title takes effect on October 1, 2001.

          TITLE II--ENDANGERED AND THREATENED SPECIES RECOVERY

     SEC. 201. PURPOSE.

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

     SEC. 202. ENDANGERED AND THREATENED SPECIES RECOVERY 
                   ASSISTANCE.

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

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

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

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

       ``(B) an individual who owns land that--
       ``(i) is not used as a farm or ranch; and
       ``(ii) has an acreage of not more than 160 acres.
       ``(5) Species at risk.--The term `species at risk' means a 
     species that may become an endangered species or a threatened 
     species if conservation actions are not taken to conserve and 
     protect the species.
       ``(6) Species recovery agreement.--The term `species 
     recovery agreement' means an endangered and threatened 
     species recovery agreement entered into under subsection (c).
       ``(b) Endangered and Threatened Species Recovery 
     Assistance.--
       ``(1) Financial assistance.--The Secretary may provide 
     financial assistance to any person for development and 
     implementation of an endangered and threatened species 
     recovery agreement entered into by the Secretary and the 
     person under subsection (c).
       ``(2) Priority.--In providing financial assistance under 
     this subsection, the Secretary shall give priority to the 
     development and implementation of species recovery agreements 
     that--
       ``(A) implement actions identified under recovery plans 
     approved by the Secretary under section 4(f);
       ``(B) have the greatest potential for contributing to the 
     recovery of endangered species, threatened species, or 
     species at risk;
       ``(C) benefit multiple endangered species, threatened 
     species, or species at risk;
       ``(D) carry out activities specified in State or local 
     conservation plans; or
       ``(E) are proposed by small landowners.
       ``(3) Prohibition on assistance for required activities.--
     The Secretary shall not provide financial assistance under 
     this subsection for any activity that is required--
       ``(A) by a permit issued under section 10(a)(1)(B);
       ``(B) by an incidental taking statement provided under 
     section 7(b)(4) (other than an incidental taking statement 
     with respect to a species recovery agreement entered into by 
     the Secretary under subsection (c)); or
       ``(C) under another provision of this Act, any other 
     Federal law, or any State law.
       ``(4) Payments under other programs.--
       ``(A) Other payments not affected.--Financial assistance 
     provided to a person under this subsection shall be in 
     addition to, and shall not affect, the total amount of 
     payments that the person is eligible to receive under--
       ``(i) the conservation reserve program established under 
     subchapter B of chapter 1 of subtitle D of title XII of the 
     Food Security Act of 1985 (16 U.S.C. 3831 et seq.);
       ``(ii) the wetlands reserve program established under 
     subchapter C of that chapter (16 U.S.C. 3837 et seq.);
       ``(iii) the environmental quality incentives program 
     established under chapter 4 of subtitle D of title XII of the 
     Food Security Act of 1985 (16 U.S.C. 3839aa et seq.); or
       ``(iv) the Wildlife Habitat Incentive Program established 
     under section 387 of the Federal Agriculture Improvement and 
     Reform Act of 1996 (16 U.S.C. 3836a).
       ``(B) Limitation.--A person shall not receive financial 
     assistance under a species recovery agreement for any 
     activity for which the person receives a payment under a 
     program referred to in subparagraph (A) unless the species 
     recovery agreement imposes on the person a financial or 
     management obligation in addition to the obligations of the 
     person under that program.
       ``(c) Endangered and Threatened Species Recovery 
     Agreements.--
       ``(1) In general.--In accordance with this subsection, the 
     Secretary may enter into endangered and threatened species 
     recovery agreements.
       ``(2) Required terms.--The Secretary shall include in each 
     species recovery agreement with a person provisions that--
       ``(A) require the person--
       ``(i) to carry out on real property owned or leased by the 
     person, or on Federal or State land, activities (such as 
     activities that, consistent with applicable State water law 
     (including regulations), make water available for endangered 
     species, threatened species, or species at risk) that--

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

       ``(ii) to refrain from carrying out on real property owned 
     or leased by the person otherwise lawful activities that 
     would inhibit the recovery of an endangered species, 
     threatened species, or species at risk, such as refraining 
     from carrying out activities that, consistent with applicable 
     State water law (including regulations), directly reduce the 
     availability of water for such a species;
       ``(B) describe the real property referred to in clauses (i) 
     and (ii) of subparagraph (A);
       ``(C) specify species recovery goals for the species 
     recovery agreement, and activities for attaining the goals;
       ``(D)(i) require the person to make demonstrable progress 
     in accomplishing the species recovery goals; and
       ``(ii) specify a schedule for implementation of the species 
     recovery agreement;
       ``(E) specify actions to be taken by the Secretary or the 
     person to monitor the effectiveness of the species recovery 
     agreement in attaining the species recovery goals;
       ``(F) require the person to notify the Secretary if any 
     right or obligation of the person under the species recovery 
     agreement is assigned to any other person;

[[Page H8903]]

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

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

         TITLE III--NON-FEDERAL LAND CONSERVATION GRANT PROGRAM

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

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

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

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

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

       ``(iii) a statement describing how the project is of 
     regional or national significance; and
       ``(iv) a plan for stewardship of any land or water, or 
     interest in land or water, to be acquired under the project.
       ``(3) Selection of grant recipients.--Not later than 90 
     days after the date of receipt of an application, the 
     Secretary shall--
       ``(A) review the application; and
       ``(B)(i) notify the State or group of States of the 
     decision of the Secretary on the application; and
       ``(ii) if the application is denied, provide an explanation 
     of the reasons for the denial.
       ``(4) Cost sharing.--The Federal share of the costs of a 
     project under the program shall be--
       ``(A) in the case of a project to acquire an interest in 
     land or water that is not a permanent conservation easement, 
     not more than 50 percent of the costs of the project;
       ``(B) in the case of a project to acquire a permanent 
     conservation easement, not more than 70 percent of the costs 
     of the project; and
       ``(C) in the case of a project involving 2 or more States, 
     not more than 75 percent of the costs of the project.
       ``(5) Effect of insufficiency of funds.--If the Secretary 
     determines that there are insufficient funds available to 
     make grants with respect to all applications that meet the 
     requirements of this subsection, the Secretary shall give 
     priority to those projects that best meet the ranking 
     criteria established under subsection (b).
       ``(6) Grants to state of new hampshire.--Notwithstanding 
     subsection (b) and paragraphs (3) and (5), the Secretary 
     shall make grants under the program to the State of New 
     Hampshire to pay the Federal share determined under paragraph 
     (4) of the costs of acquiring conservation easements with 
     respect to land or water located in northern New Hampshire 
     and sold by International Paper to the Trust for Public Land.
       ``(d) Report.--Not later than 60 days after the end of each 
     fiscal year, the Secretary shall submit to the Committee on 
     Environment and Public Works of the Senate and the Committee 
     on Resources of the House of Representatives a report 
     describing the grants made under this section, including an 
     analysis of how projects were ranked under subsection (b).
       ``(e) Authorization of Appropriations.--There are 
     authorized to be appropriated--
       ``(1) to carry out this section (other than subsection 
     (c)(6)) $50,000,000 for each of fiscal years 2002 through 
     2006; and
       ``(2) to carry out subsection (c)(6) $9,000,000 for the 
     period of fiscal years 2002 and 2003.''.
       (b) Conforming Amendment.--Section 7105(g)(2) of the 
     Partnerships for Wildlife Act (16 U.S.C. 3744(g)(2)) is 
     amended by striking ``this chapter'' and inserting ``this 
     section''.

   TITLE IV--CONSERVATION AND RESTORATION OF SHRUBLAND AND GRASSLAND

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

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

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

       ``(a) Definitions.--In this section:
       ``(1) Conservation activity.--The term `conservation 
     activity' means--
       ``(A) a project or activity to reduce erosion;
       ``(B) a prescribed burn;
       ``(C) the restoration of riparian habitat;
       ``(D) the control or elimination of invasive or exotic 
     species;
       ``(E) the reestablishment of native grasses; and
       ``(F) any other project or activity that restores or 
     enhances habitat for endangered

[[Page H8904]]

     species, threatened species, or species at risk.
       ``(2) Conservation agreement.--The term `conservation 
     agreement' means an agreement entered into under subsection 
     (c).
       ``(3) Conservation entity.--
       ``(A) In general.--The term `conservation entity' means a 
     nonprofit entity that engages in activities to conserve or 
     protect fish, wildlife, or plants, or habitats for fish, 
     wildlife, or plants.
       ``(B) Inclusions.--The term `conservation entity' 
     includes--
       ``(i) a sportsmen's organization;
       ``(ii) an environmental organization; and
       ``(iii) a land trust.
       ``(4) Covered land.--The term `covered land' means public 
     or private--
       ``(A) natural grassland or shrubland that serves as habitat 
     for endangered species, threatened species, or species at 
     risk, as determined by the Secretary; or
       ``(B) other land that--
       ``(i) is located in an area that has been historically 
     dominated by natural grassland or shrubland; and
       ``(ii) if restored to natural grassland or shrubland, would 
     have the potential to serve as habitat for endangered 
     species, threatened species, or species at risk, as 
     determined by the Secretary.
       ``(5) Endangered species.--The term `endangered species' 
     has the meaning given the term in section 3 of the Endangered 
     Species Act of 1973 (16 U.S.C. 1532).
       ``(6) Permit holder.--The term `permit holder' means an 
     individual who holds a grazing permit for covered land that 
     is the subject of a conservation agreement.
       ``(7) Program.--The term `program' means the conservation 
     assistance program established under subsection (b).
       ``(8) Species at risk.--The term `species at risk' means a 
     species that may become an endangered species or a threatened 
     species if conservation actions are not taken to conserve and 
     protect the species.
       ``(9) Threatened species.--The term `threatened species' 
     has the meaning given the term in section 3 of the Endangered 
     Species Act of 1973 (16 U.S.C. 1532).
       ``(b) Establishment of Program.--As soon as practicable 
     after the date of enactment of this section, the Secretary 
     shall establish a conservation assistance program to 
     encourage the conservation and restoration of covered land.
       ``(c) Conservation Agreements.--
       ``(1) In general.--In carrying out the program, the 
     Secretary shall enter into a conservation agreement with a 
     landowner, permit holder, or conservation entity with respect 
     to covered land under which--
       ``(A) the Secretary shall award a grant to the landowner, 
     permit holder, or conservation entity; and
       ``(B) the landowner, permit holder, or conservation entity 
     shall use the grant to carry out 1 or more conservation 
     activities on the covered land that is the subject of the 
     conservation agreement.
       ``(2) Permitted activities.--
       ``(A) In general.--Subject to subparagraph (B), a 
     conservation agreement may permit on the covered land subject 
     to the conservation agreement--
       ``(i) operation of a managed grazing system;
       ``(ii) haying or mowing (except during the nesting season 
     for birds);
       ``(iii) fire rehabilitation; and
       ``(iv) the construction of fire breaks and fences.
       ``(B) Limitation.--An activity described in subparagraph 
     (A) may be permitted only if the activity contributes to 
     maintaining the viability of natural grass and shrub plant 
     communities on the covered land subject to the conservation 
     agreement.
       ``(d) Payments Under Other Programs.--
       ``(1) Other payments not affected.--A grant awarded to a 
     landowner, permit holder, or conservation entity under this 
     section shall be in addition to, and shall not affect, the 
     total amount of payments that the landowner, permit holder, 
     or conservation entity is eligible to receive under--
       ``(A) the conservation reserve program established under 
     subchapter B of chapter 1 of subtitle D of title XII of the 
     Food Security Act of 1985 (16 U.S.C. 3831 et seq.);
       ``(B) the wetlands reserve program established under 
     subchapter C of that chapter (16 U.S.C. 3837 et seq.);
       ``(C) the environmental quality incentives program 
     established under chapter 4 of subtitle D of title XII of the 
     Food Security Act of 1985 (16 U.S.C. 3839aa et seq.); or
       ``(D) the Wildlife Habitat Incentive Program established 
     under section 387 of the Federal Agriculture Improvement and 
     Reform Act of 1996 (16 U.S.C. 3836a).
       ``(2) Limitation.--A landowner, permit holder, or 
     conservation entity shall not receive a grant under a 
     conservation agreement for any activity for which the 
     landowner, permit holder, or conservation entity receives a 
     payment under a program referred to in paragraph (1) unless 
     the conservation agreement imposes on the landowner, permit 
     holder, or conservation entity a financial or management 
     obligation in addition to the obligations of the landowner, 
     permit holder, or conservation entity under that program.
       ``(e) Prohibition on Assistance for Required Activities.--
     The Secretary shall not award a grant under this section for 
     any activity that is required under Federal or State law.
       ``(f) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $50,000,000 for 
     each of fiscal years 2002 through 2006.''.
       Passed the Senate December 20 (legislative day, December 
     18), 2001.


     Amendment in the Nature of a Substitute Offered by Mr. Hansen

  Mr. HANSEN. Mr. Speaker, I offer an amendment in the nature of a 
substitute.
  The Clerk read as follows:

       Amendment in the nature of a substitute offered by Mr. 
     Hansen:
       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``American 
     Wildlife Enhancement Act of 2002''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title; table of contents.

          TITLE I--ENDANGERED AND THREATENED SPECIES RECOVERY

Sec. 101. Purpose.
Sec. 102. Endangered and threatened species recovery assistance.

          TITLE II--COOPERATIVE REGIONAL CONSERVATION PROGRAM

Sec. 201. Cooperative Regional Conservation Program.

   TITLE III--CONSERVATION AND RESTORATION OF SHRUBLAND AND GRASSLAND

Sec. 301. Conservation and restoration of shrubland and grassland.

         TITLE IV--CIBOLA NATIONAL WILDLIFE REFUGE, CALIFORNIA

Sec. 401. Revocation of public land order with respect to lands 
              erroneously included in Cibola National Wildlife Refuge, 
              California.
Sec. 402. Resurvey and notice of modified boundaries.

                 TITLE V--NUTRIA ERADICATION OR CONTROL

Sec. 501. Findings and purposes.
Sec. 502. Nutria eradication program.
Sec. 503. Report.

           TITLE VI--ACQUISITION OF GARRETT ISLAND, MARYLAND

Sec. 601. Short title.
Sec. 602. Findings.
Sec. 603. Authority to acquire property for inclusion in the Blackwater 
              National Wildlife Refuge.

      TITLE VII--OTTAWA NATIONAL WILDLIFE REFUGE COMPLEX EXPANSION

Sec. 701. Short title.
Sec. 702. Findings.
Sec. 703. Definitions.
Sec. 704. Expansion of boundaries.
Sec. 705. Acquisition and transfer of lands for Refuge Complex.
Sec. 706. Administration of Refuge Complex.
Sec. 707. Study of associated area.
Sec. 708. Authorization of appropriations.

     TITLE VIII--BEAR RIVER MIGRATORY BIRD REFUGE CLAIMS SETTLEMENT

Sec. 801. Short title.
Sec. 802. Findings.
Sec. 803. Definitions.
Sec. 804. Required terms of land claims settlement, Bear River 
              Migratory Bird Refuge, Utah.

 TITLE IX--EDUCATION AND ADMINISTRATIVE CENTER AT BEAR RIVER MIGRATORY 
                           BIRD REFUGE, UTAH

Sec. 901. Short title.
Sec. 902. Findings.
Sec. 903. Definitions.
Sec. 904. Authorization of construction of the education center.
Sec. 905. Matching contributions requirements.

           TITLE X--ACCOKEEK CREEK NATIONAL WILDLIFE REFUGE.

Sec. 1001. Accokeek National Wildlife Refuge Establishment.

                        TITLE XI--MISCELLANEOUS

Sec. 1101. Amendments to the National Fish and Wildlife Foundation 
              Establishment Act.

                 TITLE XII--MARINE TURTLE CONSERVATION

Sec. 1201. Short title.
Sec. 1202. Findings and purposes.
Sec. 1203. Definitions.
Sec. 1204. Marine turtle conservation assistance.
Sec. 1205. Marine Turtle Conservation Fund.
Sec. 1206. Advisory group.
Sec. 1207. Authorization of appropriations.

     TITLE I--ENDANGERED AND THREATENED SPECIES STEWARDSHIP PROGRAM

     SEC. 101. 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. 102. 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:

[[Page H8905]]

     ``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 
     area where there occurs an activity with respect to which not 
     less than $1,000 in income is derived from agricultural 
     production within a census year.
       ``(3) 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; or

       ``(B) an individual who owns land in a State that--
       ``(i) is not used as a farm or ranch; and
       ``(ii) has an acreage of not more than 160 acres.
       ``(4) Species at risk.--The term `species at risk' means a 
     species that has been identified by the Secretary of the 
     Interior and the Secretary of Commerce to be a candidate 
     species for listing as an endangered species or threatened 
     species.
       ``(5) 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) and carried out on real property 
     referred to in subsection (c)(2)(A).
       ``(2) Priority.--In providing financial assistance under 
     this subsection, the Secretary shall give priority to the 
     development and implementation of species recovery agreements 
     that--
       ``(A) implement actions identified under recovery plans 
     approved by the Secretary under section 4(f);
       ``(B) have the greatest potential for contributing to the 
     recovery of endangered species, threatened species, or 
     species at risk;
       ``(C) benefit multiple endangered species, threatened 
     species, or species at risk;
       ``(D) carry out activities specified in State or local 
     conservation plans; or
       ``(E) are proposed by small landowners.
       ``(3) Prohibition on assistance for required activities.--
     The Secretary shall not provide financial assistance under 
     this subsection for any activity that is required--
       ``(A) by a permit issued under section 10(a)(1)(B);
       ``(B) by an incidental taking statement provided under 
     section 7(b)(4) (other than an incidental taking statement 
     with respect to a species recovery agreement entered into by 
     the Secretary under subsection (c)); or
       ``(C) under another provision of this Act, any Federal 
     lease, permit, or law, or any State lease, permit, or 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 leased by the person, 
     activities (including, but not limited to, activities that 
     make water available, consistent with applicable State water 
     law (including regulations); restore and manage habitat; or 
     control invasive species) 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, including, but not 
     limited to, activities that would result in habitat 
     destruction or activities that, consistent with applicable 
     State water law including regulations), directly reduce the 
     availability of water for such 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 (E) 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

[[Page H8906]]

     to be appropriated to carry out section 13 $150,000,000 for 
     each of fiscal years 2003 through 2007.''.
       (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 II--COOPERATIVE REGIONAL CONSERVATION PROGRAM

     SEC. 201. COOPERATIVE REGIONAL CONSERVATION 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. COOPERATIVE REGIONAL CONSERVATION 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 `Cooperative Regional Conservation 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 any water 
     rights acquired under the program shall be done so in 
     compliance with the procedural and substantive requirements 
     of the applicable state's water laws, and all interstate 
     compacts and court decrees that may affect water or water 
     rights.
       ``(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, including conservation easements, 
     to be acquired under the project.
       ``(3) Selection of grant recipients.--Not later than 90 
     days after the date of receipt of an application, the 
     Secretary shall--
       ``(A) review the application; and
       ``(B)(i) notify the State or group of States of the 
     decision of the Secretary on the application; and
       ``(ii) if the application is denied, provide an explanation 
     of the reasons for the denial.
       ``(4) Cost sharing.--The Federal share of the costs of a 
     project under the program shall be--
       ``(A) in the case of a project to acquire an interest in 
     land or water that is not a permanent conservation easement, 
     not more than 50 percent of the costs of the project;
       ``(B) in the case of a project to acquire a permanent 
     conservation easement, not more than 70 percent of the costs 
     of the project; and
       ``(C) in the case of a project involving 2 or more States, 
     not more than 75 percent of the costs of the project.
       ``(5) Effect of insufficiency of funds.--If the Secretary 
     determines that there are insufficient funds available to 
     make grants with respect to all applications that meet the 
     requirements of this subsection, the Secretary shall give 
     priority to those projects that best meet the ranking 
     criteria established under subsection (b).
       ``(6) Grants to state of new hampshire.--Notwithstanding 
     subsection (b) and paragraphs (3) and (5), the Secretary 
     shall make grants under the program to the State of New 
     Hampshire to pay the Federal share determined under paragraph 
     (4) of the costs of acquiring conservation easements with 
     respect to land or water located in northern New Hampshire 
     and sold by International Paper to the Trust for Public Land.
       ``(d) Report.--Not later than 60 days after the end of each 
     fiscal year, the Secretary shall submit to the Committee on 
     Environment and Public Works of the Senate and the Committee 
     on Resources of the House of Representatives a report 
     describing the grants made under this section, including an 
     analysis of how projects were ranked under subsection (b).
       ``(e) Authorization of Appropriations.--There are 
     authorized to be appropriated--
       ``(1) to carry out this section (other than subsection 
     (c)(6)) $50,000,000 for each of fiscal years 2003 through 
     2007; and
       ``(2) to carry out subsection (c)(6) $9,000,000 for the 
     period of fiscal years 2003 and 2004.''.
       (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 III--CONSERVATION AND RESTORATION OF SHRUBLAND AND GRASSLAND

     SEC. 301. 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.--

[[Page H8907]]

       ``(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 2003 through 2007.''.

         TITLE IV--CIBOLA NATIONAL WILDLIFE REFUGE, CALIFORNIA

     SEC. 401. REVOCATION OF PUBLIC LAND ORDER WITH RESPECT TO 
                   LANDS ERRONEOUSLY INCLUDED IN CIBOLA NATIONAL 
                   WILDLIFE REFUGE, CALIFORNIA.

       Public Land Order 3442, dated August 21, 1964, is revoked 
     insofar as it applies to the following described lands: San 
     Bernardino Meridian, T11S, R22E, sec. 6, all of lots 1, 16, 
     and 17, and SE\1/4\ of SW\1/4\ in Imperial County, 
     California, aggregating approximately 140.32 acres.

     SEC. 402. RESURVEY AND NOTICE OF MODIFIED BOUNDARIES.

       The Secretary of the Interior shall, by not later than 6 
     months after the date of the enactment of this Act--
       (1) resurvey the boundaries of the Cibola National Wildlife 
     Refuge, as modified by the revocation under section 401;
       (2) publish notice of, and post conspicuous signs marking, 
     the boundaries of the refuge determined in such resurvey; and
       (3) prepare and publish a map showing the boundaries of the 
     refuge.

                 TITLE V--NUTRIA ERADICATION OR CONTROL

     SEC. 501. FINDINGS AND PURPOSES.

       (a) Findings.--The Congress finds the following:
       (1) Wetlands and tidal marshes of the Chesapeake Bay and in 
     Louisiana provide significant cultural, economic, and 
     ecological benefits to the Nation.
       (2) The South American nutria (Myocastor coypus) is 
     directly contributing to substantial marsh loss in Maryland 
     and Louisiana on Federal, State, and private land.
       (3) Traditional harvest methods to control or eradicate 
     nutria have failed in Maryland and have had limited success 
     in the eradication of nutria in Louisiana. Consequently, 
     marsh loss is accelerating.
       (4) The nutria eradication and control pilot program 
     authorized by Public Law 105-322 is to develop new and 
     effective methods for eradication of nutria.
       (b) Purpose.--The purpose of this title is to authorize the 
     Secretary of the Interior to provide financial assistance to 
     the State of Maryland and the State of Louisiana for a 
     program to implement measures to eradicate or control nutria 
     and restore marshland damaged by nutria.

     SEC. 502. NUTRIA ERADICATION PROGRAM.

       (a) Grant Authority.--The Secretary of the Interior (in 
     this title referred to as the ``Secretary''), subject to the 
     availability of appropriations, may provide financial 
     assistance to the State of Maryland and the State of 
     Louisiana for a program to implement measures to eradicate or 
     control nutria and restore marshland damaged by nutria.
       (b) Goals.--The goals of the program shall be to--
       (1) eradicate nutria in Maryland;
       (2) eradicate or control nutria in Louisiana and other 
     States; and
       (3) restore marshland damaged by nutria.
       (c) Activities.--In the State of Maryland, the Secretary 
     shall require that the program consist of management, 
     research, and public education activities carried out in 
     accordance with the document published by the United States 
     Fish and Wildlife Service entitled ``Eradication Strategies 
     for Nutria in the Chesapeake and Delaware Bay Watersheds'', 
     dated March 2002.
       (d) Cost Sharing.--
       (1) Federal share.--The Federal share of the costs of the 
     program may not exceed 75 percent of the total costs of the 
     program.
       (2) In-kind contributions.--The non-Federal share of the 
     costs of the program may be provided in the form of in-kind 
     contributions of materials or services.
       (e) Limitation on Administrative Expenses.--Not more than 5 
     percent of financial assistance provided by the Secretary 
     under this section may be used for administrative expenses.
       (f) Authorization of Appropriations.--For financial 
     assistance under this section, there is authorized to be 
     appropriated to the Secretary $4,000,000 for the State of 
     Maryland program and $2,000,000 for the State of Louisiana 
     program for each of fiscal years 2003, 2004, 2005, 2006, and 
     2007.

     SEC. 503. REPORT.

       No later than 6 months after the date of the enactment of 
     this Act, the Secretary and the National Invasive Species 
     Council shall--
       (1) give consideration to the 2002 report for the Louisiana 
     Department of Wildlife and Fisheries titled ``Nutria in 
     Louisiana'', and the 2002 document entitled ``Eradication 
     Strategies for Nutria in the Chesapeake and Delaware Bay 
     Watersheds''; and
       (2) develop, in cooperation with the State of Louisiana 
     Department of Wildlife and Fisheries and the State of 
     Maryland Department of Natural Resources, a long-term nutria 
     control or eradication program, as appropriate, with the 
     objective to significantly reduce and restore the damage 
     nutria cause to coastal wetlands in the States of Louisiana 
     and Maryland.

           TITLE VI--ACQUISITION OF GARRETT ISLAND, MARYLAND

     SEC. 601. SHORT TITLE.

       This title may be cited as the ``Blackwater National 
     Wildlife Refuge Expansion Act''.

     SEC. 602. FINDINGS.

       The Congress finds the following:
       (1) Garrett Island, located at the mouth of the Susquehanna 
     River in Cecil County, Maryland, is a microcosm of the 
     geology and geography of the region, including hard rock 
     piedmont, coastal plain, and volcanic formations.
       (2) Garrett Island is the only rocky island in the tidal 
     waters of the Chesapeake.
       (3) Garrett Island and adjacent waters provide high-quality 
     habitat for bird and fish species.
       (4) Garrett Island contains significant archeological sites 
     reflecting human history and prehistory of the region.

     SEC. 603. AUTHORITY TO ACQUIRE PROPERTY FOR INCLUSION IN THE 
                   BLACKWATER NATIONAL WILDLIFE REFUGE.

       (a) Acquisition.--The Secretary of the Interior may use 
     otherwise available amounts to acquire the area known as 
     Garrett Island, consisting of approximately 198 acres located 
     at the mouth of the Susquehanna River in Cecil County, 
     Maryland.
       (b) Administration.--Lands and interests acquired by the 
     United States under this section shall be managed by the 
     Secretary as the Garrett Island Unit of the Blackwater 
     National Wildlife Refuge.
       (c) Purposes.--The purposes for which the Garrett Island 
     Unit is established and shall be managed are the following:
       (1) To support the Delmarva Conservation Corridor 
     Demonstration Program.
       (2) To conserve, restore, and manage habitats as necessary 
     to contribute to the migratory bird populations prevalent in 
     the Atlantic Flyway.
       (3) To conserve, restore, and manage the significant 
     aquatic resource values associated with submerged land 
     adjacent to the unit and to achieve the habitat objectives of 
     the agreement known as the Chesapeake 2000 Agreement.
       (4) To conserve the archeological resources on the unit.
       (5) To provide public access to the unit in a manner that 
     does not adversely impact natural resources on and around the 
     unit.

      TITLE VII--OTTAWA NATIONAL WILDLIFE REFUGE COMPLEX EXPANSION

     SEC. 701. SHORT TITLE.

        This title may be cited as the ``Ottawa National Wildlife 
     Refuge Complex Expansion and Detroit River International 
     Wildlife Refuge Expansion Act''.

     SEC. 702. FINDINGS.

        The Congress finds the following:
       (1) The western basin of Lake Erie, as part of the Great 
     Lakes ecosystem, the largest freshwater ecosystem on the face 
     of the Earth, is vitally important to the economic and 
     environmental future of the United States.
       (2) Over the past three decades, the citizens and 
     governmental institutions of both the United States and 
     Canada have devoted increasing attention and resources to the 
     restoration of the water quality and fisheries of the Great 
     Lakes, including the western basin. This increased awareness 
     has been accompanied by a gradual shift to a holistic 
     ``ecosystem approach'' that highlights a growing recognition 
     that shoreline areas--the nearshore terrestrial ecosystems--
     are an integral part of the western basin and the Great Lakes 
     ecosystem as a whole.
       (3) The Great Lakes account for more than 90 percent of the 
     surface freshwater in the nation. The western basin receives 
     approximately 90 percent of its flow from the Detroit River 
     and only approximately 10 percent from tributaries.
       (4) The western basin of Lake Erie is an important 
     ecosystem that includes a number of distinct islands, 
     channels, rivers, and shoals that support dense populations 
     of fish, wildlife, and aquatic plants.
       (5) The coastal wetlands of Lake Erie support the largest 
     diversity of plant and wildlife species in the Great Lakes. 
     The moderate climate of Lake Erie and its more southern 
     latitude allow for many species

[[Page H8908]]

     that are not found in or along the northern Great Lakes. More 
     than 300 species of plants, including 37 significant species, 
     have been identified in the aquatic and wetland habitats of 
     the western basin.
       (6) The shallow western basin of Lake Erie, from the Lower 
     Detroit River to Sandusky Bay, is home to the largest 
     concentration of marshes in Lake Erie, including Mouille, 
     Metzger, and Magee marshes, the Maumee Bay wetland complex, 
     the wetland complexes flanking Locust Point, and the wetlands 
     in Sandusky Bay. The larger United States islands in western 
     Lake Erie have wetlands in their small embayments.
       (7) The wetlands in the western basin of Lake Erie comprise 
     as some of the most important waterfowl habitat in the Great 
     Lakes. Waterfowl, wading birds, shore birds, gulls and terns, 
     raptors, and perching birds all use the western basin 
     wetlands for migration, nesting, and feeding. Hundreds of 
     thousands of diving ducks stop to rest in the Lake Erie area 
     on their fall migration from Canada to the east and south. 
     The wetlands of the western basin of Lake Erie provide a 
     major stopover for ducks such as migrating bufflehead, common 
     goldeneye, common mergansers, and ruddy duck.
       (8) The international importance of Lake Erie is manifested 
     in the United States congressional designation of the Ottawa 
     and Cedar Point National Wildlife Refuges.
       (9) Lake Erie has an international reputation for walleye, 
     perch, and bass fishing, recreational boating, birding, 
     photography, and duck hunting. On an economic basis, Lake 
     Erie tourism accounts for an estimated $1,500,000,000 in 
     retail sales and more than 50,000 jobs.
       (10) Many of the 417,000 boats that are registered in Ohio 
     are used in the western basin of Lake Erie, in part to fish 
     for the estimated 10,000,000 walleye that migrate from other 
     areas of the lake to spawn. This internationally renowned 
     walleye fishery drives much of Ohio's $2,000,000,000 sport 
     fishing industry.
       (11) Coastal wetlands in the western basin of Lake Erie 
     have been subjected to intense pressure for 150 years. Prior 
     to 1850, the western basin was part of an extensive coastal 
     marsh and swamp system of approximately 122,000 hectares that 
     comprised a portion of the Great Black Swamp. By 1951, only 
     12,407 wetland hectares remained in the western basin. Half 
     of that acreage was destroyed between 1972 and 1987. 
     Therefore, today only approximately 5,000 hectares remain. 
     Along the Michigan shoreline, coastal wetlands were reduced 
     by 62 percent between 1916 and the early 1970s. The 
     development of the city of Monroe, Michigan, has had a 
     particularly significant impact on the coastal wetlands at 
     the mouth of the Raisin River: only approximately 100 
     hectares remain physically unaltered today in an area where 
     70 years ago marshes were 10 times more extensive. In 
     addition to the actual loss of coastal wetland acreage along 
     the shores of Lake Erie, the quality of many remaining diked 
     wetlands has been degraded by numerous stressors, especially 
     excessive loadings of sediments and nutrients, contaminants, 
     shoreline modification, exotic species, and the diking of 
     wetlands. Protective peninsula beach systems, such as the 
     former Bay Point and Woodtick, at the border of Ohio and 
     Michigan near the mouth of the Ottawa River and Maumee Bay, 
     have been eroded over the years, exacerbating erosion along 
     the shorelines and impacting the breeding and spawning 
     grounds.

     SEC. 703. DEFINITIONS.

        For purposes of this title:
       (1) The term ``Refuge Complex'' means the Ottawa National 
     Wildlife Refuge Complex and the lands and waters therein, as 
     described in the document entitled ``The Comprehensive 
     Conservation Plan for the Ottawa National Wildlife Refuge 
     Complex'' and dated September 22, 2000, including Ottawa 
     National Wildlife Refuge, West Sister Island National 
     Wildlife Refuge, and Cedar Point National Wildlife Refuge.
       (2) The term ``Secretary'' means the Secretary of the 
     Interior.
       (3) The term ``International Refuge'' means the Detroit 
     River International Wildlife Refuge established by the 
     Detroit River International Wildlife Refuge Establishment Act 
     (Public Law 107-91).

     SEC. 704. EXPANSION OF BOUNDARIES.

       (a) Refuge Complex Boundaries.--
       (1) Expansion.--The boundaries of the Refuge Complex are 
     expanded to include lands and waters in the State of Ohio 
     from the eastern boundary of Maumee Bay State Park to the 
     eastern boundary of the Darby Unit, including the Bass Island 
     archipelago, as depicted on the map entitled ``Ottawa 
     National Wildlife Refuge Complex Expansion and Detroit River 
     International Wildlife Refuge Complex Expansion Act'' dated 
     September 6, 2002.
       (2) Boundary revisions.--The Secretary may make such 
     revisions to the boundaries of the Refuge Complex as may be 
     appropriate to carry out the purposes of the Refuge Complex 
     or to facilitate the acquisition of property within the 
     Refuge Complex.
       (b) International Refuge Boundaries.--The southern boundary 
     of the International Refuge is extended south to include 
     additional lands and waters in the State of Michigan east of 
     Interstate Highway 75 from the southern boundary of Sterling 
     State Park to the Ohio State boundary, as depicted on the map 
     referred to in subsection (a)(1).
       (c) Availability of Map.--The Secretary shall keep the map 
     referred to in subsection (a)(1) available for inspection in 
     appropriate offices of the United States Fish and Wildlife 
     Service.

     SEC. 705. ACQUISITION AND TRANSFER OF LANDS FOR REFUGE 
                   COMPLEX.

       (a) Acquisitions.--The Secretary may acquire by donation, 
     purchase with donated or appropriated funds, or exchange the 
     lands and waters, or interests therein (including 
     conservation easements), within the boundaries of the Refuge 
     Complex as expanded by this title. No such lands, waters, or 
     interests therein may be acquired without the consent of the 
     owner thereof.
       (b) Transfers From Other Agencies.--Any Federal property 
     located within the boundaries of the Refuge Complex, as 
     expanded by this title, that is under the administrative 
     jurisdiction of a department or agency of the United States 
     other than the Department of the Interior may, with the 
     concurrence of the head of administering department or 
     agency, be transferred without consideration to the 
     administrative jurisdiction of the Secretary for the purposes 
     of this title.

     SEC. 706. ADMINISTRATION OF REFUGE COMPLEX.

       (a) In General.--The Secretary shall administer all 
     federally owned lands, waters, and interests therein that are 
     within the boundaries of the Refuge Complex, as expanded by 
     this title, in accordance with the National Wildlife Refuge 
     System Administration Act of 1966 (16 U.S.C. 668dd et seq.) 
     and this title. The Secretary may use such additional 
     statutory authority as may be available for the conservation 
     of fish and wildlife, and the provision of fish and wildlife 
     dependent recreational opportunities as the Secretary 
     considers appropriate to implement this title.
       (b) Additional Purposes.--In addition to the purposes of 
     the Refuge Complex under other laws, regulations, executive 
     orders, and comprehensive conservation plans, the Refuge 
     Complex shall be managed for the following purposes:
       (1) To strengthen and complement existing resource 
     management, conservation, and education programs and 
     activities at the Refuge Complex in a manner consistent with 
     the primary purpose of the Refuge Complex to provide major 
     resting, feeding, and wintering habitats for migratory birds 
     and other wildlife, and to enhance national resource 
     conservation and management in the western basin of Lake 
     Erie.
       (2) To conserve, enhance, and restore the native aquatic 
     and terrestrial community characteristics of the western 
     basin of Lake Erie (including associated fish, wildlife, and 
     plant species), both in the United States and Canada in 
     partnership with nongovernmental and private organizations, 
     as well as private individuals dedicated to habitat 
     enhancement.
       (3) To facilitate partnerships among the United States Fish 
     and Wildlife Service, Canadian national and provincial 
     authorities, State and local governments, local communities 
     in the United States and in Canada, conservation 
     organizations, and other non-Federal entities to promote 
     public awareness of the resources of the western basin of 
     Lake Erie.
       (4) To advance the collective goals and priorities 
     established in the ``Great Lakes Strategy 2002--A Plan for 
     the New Millennium'', by the United States Policy Committee 
     comprised of various Federal agencies, including the United 
     States Fish and Wildlife Service, the National Oceanic and 
     Atmospheric Administration, the United States Geological 
     Survey, the Forest Service, and the Great Lakes Fishery 
     Commission, as well as the State governments and tribal 
     governments in the Great Lakes. These goals, broadly stated, 
     include working together to protect and restore the chemical, 
     physical, and biological integrity of the Great Lakes basin 
     ecosystem.
       (c) Priority Uses.--In providing opportunities for 
     compatible fish and wildlife dependent recreation, the 
     Secretary, in accordance with paragraphs (3) and (4) of 
     section 4(a) of the National Wildlife Refuge System 
     Administration Act of 1966 (16 U.S.C. 668dd(a)), shall ensure 
     that hunting, fishing, wildlife observation and photography, 
     and environmental education and interpretation are the 
     priority public uses of the Refuge Complex.
       (d) Cooperative Agreements Regarding Non-Federal Lands.--
     The Secretary may enter into cooperative agreements with the 
     State of Ohio or the State of Michigan, or any political 
     subdivision thereof, and with any other person or entity for 
     the management in a manner consistent with this title of 
     lands that are owned by such State, subdivision, or other 
     person or entity and located within the boundaries of the 
     Refuge Complex and to promote public awareness of the 
     resources of the western basin of Lake Erie and encourage 
     public participation in the conservation of those resources.
       (e) Use of Existing Greenway Authority.--The Secretary 
     shall encourage the State of Ohio to use existing authorities 
     under the Transportation Equity Act for the 21st Century to 
     provide funding for acquisition and development of trails 
     within the boundaries of the Refuge Complex.

     SEC. 707. STUDY OF ASSOCIATED AREA.

       (a) In General.--The Secretary, acting through the Director 
     of the United States Fish and Wildlife Service, shall conduct 
     a study of fish and wildlife habitat and aquatic and 
     terrestrial communities of the 2 dredge spoil disposal sites 
     referred to by the Toledo-

[[Page H8909]]

     Lucas County Port Authority as Port Authority Facility Number 
     Three and Grassy Island, located within Toledo Harbor near 
     the mouth of the Maumee River.
       (b) Report.--Not later than 18 months after the date of the 
     enactment of the Act, the Secretary shall complete such study 
     and submit a report containing the results thereof to the 
     Congress.

     SEC. 708. AUTHORIZATION OF APPROPRIATIONS.

        There are authorized to be appropriated to the Department 
     of the Interior--
       (1) such sums as may be necessary for the acquisition of 
     lands and waters within the Refuge Complex;
       (2) such sums as may be necessary for the development, 
     operation, and maintenance of the Refuge Complex; and
       (3) such sums as may be necessary to carry out the study 
     under section 707.

     TITLE VIII--BEAR RIVER MIGRATORY BIRD REFUGE CLAIMS SETTLEMENT

     SEC. 801. SHORT TITLE.

       This title may be cited as the ``Bear River Migratory Bird 
     Refuge Settlement Act of 2002''.

     SEC. 802. FINDINGS.

       The Congress finds the following:
       (1) The Secretary of the Interior and the State of Utah 
     have negotiated a preliminary agreement concerning the 
     ownership of lands within the Bear River Migratory Bird 
     Refuge located in Bear River Bay of the Great Salt Lake, 
     Utah.
       (2) The State is entitled to ownership of those sovereign 
     lands constituting the bed of the Great Salt Lake, and, 
     generally, the location of the sovereign lands boundary was 
     set by an official survey of the Great Salt Lake meander 
     line.
       (3) The establishment of the Refuge in 1928 along the shore 
     of the Great Salt Lake, and lack of a meander line survey 
     within the Refuge, has led to uncertainty of ownership of 
     some those sovereign lands.
       (4) In order to settle the uncertainty concerning the 
     sovereign land boundary caused by the gap in the surveyed 
     Great Salt Lake meander line within the Refuge, the Secretary 
     and the State have agreed to the establishment of a fixed 
     sovereign land boundary along the southern boundary of the 
     Refuge and the State has agreed to release any claim to the 
     lake bed above such boundary line.
       (5) The Secretary and the State have expressed their 
     intentions to establish a mutually agreed upon procedure to 
     address the conflicting claims to ownership of the lands and 
     interests in land within the Refuge.

     SEC. 803. DEFINITIONS.

       In this title:
       (1) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (2) Refuge.--The term ``Refuge'' means the Bear River 
     Migratory Bird Refuge located in Bear River Bay of the Great 
     Salt Lake, Utah.
       (3) Agreement.--The term ``agreement'' means the agreement 
     to be signed by the Secretary and the State to establish a 
     mutually agreeable procedure for addressing the conflicting 
     claims to ownership of the lands and interests in land within 
     the Refuge.
       (4) State.--The term ``State'' means the State of Utah.

     SEC. 804. REQUIRED TERMS OF LAND CLAIMS SETTLEMENT, BEAR 
                   RIVER MIGRATORY BIRD REFUGE, UTAH.

       (a) Specific Terms Required in Agreement.--The Secretary 
     shall not enter into an agreement with the State for the 
     quitclaim or other transfer of lands or interests in lands 
     within the Refuge unless the terms of the agreement include 
     each of the following provisions:
       (1) Nothing in the agreement shall be construed to impose 
     upon the State or any of agency of the State any obligation 
     to convey to the United States any interest in water owned or 
     controlled by the State, except upon appropriate terms and 
     for adequate consideration.
       (2) Nothing in the agreement shall constitute admission or 
     denial of the United States claim to a Federal reserved water 
     right.
       (3) The State shall support the United States application 
     to add an enlarged Hyrum Reservoir, or another storage 
     facility, as an alternate place of storage under the Refuge's 
     existing 1000 cubic feet per second State certified water 
     right. Such support shall be contingent upon demonstration by 
     the United States that no injury to water rights shall occur 
     as a result of the addition.
       (4) Nothing in the agreement shall affect jurisdiction by 
     the State or the United States Fish and Wildlife Service over 
     wildlife resources management, including fishing, hunting and 
     trapping, within the Refuge.
       (5) If the State elects to bring suit against the United 
     States challenging the validity of the deed issued pursuant 
     to the agreement, and if such suit is successful in 
     invalidating such deed, the State will--
       (A) pay the United States for the fair market value of all 
     real property improvements on the property at the time of 
     invalidation, such as dikes, water control structures and 
     buildings;
       (B) repay any amounts paid by the United States because of 
     ownership of the land by the United States from the date of 
     establishment of the Refuge, such as payments in lieu of 
     taxes; and
       (C) repay any amounts paid to the State pursuant to the 
     agreement.
       (6) Subject to the availability of funds for this purpose, 
     the Secretary shall agree to pay $15,000,000 to the State 
     upon delivery by the State of a quitclaim deed that meets all 
     applicable standards of the Department of Justice and covers 
     all lands and interests in lands claimed by the State within 
     the Refuge. Such payment shall be subject to the condition 
     that the State use the payment for the purposes, and in the 
     amounts, specified in subsections (b) and (c).
       (b) Wetlands and Wildlife Protection Programs.--
       (1) Deposit.--The State shall deposit $10,000,000 of the 
     amount paid pursuant to the agreement, as required by 
     subsection (a)(6), in a restricted account, known as the 
     Wetlands and Habitat Protection Account, to be used as 
     provided in paragraph (2).
       (2) Authorized uses.--The Executive Director of the Utah 
     Department of Natural Resources may withdraw from the 
     Wetlands and Habitat Protection Account, on an annual basis, 
     amounts equal to the interest earned on the amount deposited 
     under paragraph (1) for the following purposes:
       (A) Wetland or open space protection in and near the Great 
     Salt Lake.
       (B) Enhancement and acquisition of wildlife habitat in and 
     near the Great Salt Lake.
       (c) Recreational Trails Development.--The Utah Department 
     of Natural Resources shall use $5,000,000 of the amount paid 
     pursuant to the agreement, as required by subsection (a)(6), 
     as follows:
       (1) $2,000,000 for the development, improvement, and 
     expansion of the James V. Hansen Shoshone Trail.
       (2) $1,000,000 for the development, improvement, and 
     expansion of the Ogden-Weber Trail System.
       (3) $1,000,000 for the non-motorized trails program managed 
     by the Utah State Division of Parks and Recreation.
       (4) $1,000,000 for the preservation, reclamation, 
     enhancement, and conservation of streams in the State of 
     Utah.
       (d) Coordination of Projects.--The Executive Director of 
     the Utah Department of Natural Resources shall seek to 
     maximize the use of funds under subsections (b) and (c) 
     through coordination with nonprofit organizations, Federal 
     agencies, other agencies of the State, and local governments, 
     and shall give priority to those projects under such 
     subsections that include Federal, State, or private matching 
     funds.
       (e) Authorization of Appropriations.--There is authorized 
     to be appropriated $15,000,000 for the payment required by 
     subsection (a)(6) to be included as a term of the agreement.

 TITLE IX--EDUCATION AND ADMINISTRATIVE CENTER AT BEAR RIVER MIGRATORY 
                           BIRD REFUGE, UTAH

     SEC. 901. SHORT TITLE.

       This title may be cited as the ``Bear River Migratory Bird 
     Refuge Visitor Center Act''.

     SEC. 902. FINDINGS.

       The Congress finds the following:
       (1) The Bear River marshes have been a historical waterfowl 
     oasis and an important inland waterfowl flyway for thousands 
     of years.
       (2) The Congress created the Bear River Migratory Bird 
     Refuge as one of the first National Wildlife Refuges, for the 
     purpose of protecting waterfowl habitat and migratory birds, 
     educating the public regarding, and enhancing public 
     appreciation of, waterfowl habitat and migratory birds.
       (3) The Bear River Migratory Bird Refuge was virtually 
     destroyed by devastating floods that occurred between 1983 
     and 1985.
       (4) Refuge employees, aided by volunteers, have taken 
     valiant actions to rebuild the Refuge by restoring habitat, 
     increasing its attractiveness to waterfowl, reducing 
     waterfowl botulism, and providing recreational and 
     educational opportunities to the public.
       (5) The Bear River Migratory Bird Refuge lacks a functional 
     education and administrative center.
       (6) The creation of such a facility would significantly 
     enhance public appreciation of waterfowl and the need to 
     preserve waterfowl habitat.
       (7) The Congress has taken significant steps to provide 
     funding for the construction of an education and 
     administrative center.

     SEC. 903. DEFINITIONS.

       For the purpose of this title, the following definitions 
     apply:
       (1) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (2) Refuge.--The term ``Refuge'' means the Bear River 
     Migratory Bird Refuge in Box Elder County, Utah.
       (3) Education and administrative center.--The term 
     ``Education and Administrative Center'' means the facility 
     identified in the Environmental Assessment dated 1991 and 
     entitled ``Restoration and Expansion of the Bear River 
     Migratory Bird Refuge''.

     SEC. 904. AUTHORIZATION OF CONSTRUCTION OF THE EDUCATION 
                   CENTER.

       (a) Construction.--The Secretary shall construct the 
     Education and Administrative Center at the Refuge for the 
     purposes of providing for the interpretation of resources of 
     the Refuge for the education and benefit of the public, for 
     the advancement of research, protection, and health of 
     waterfowl habitat, and for the administration of the Bear 
     River Migratory Bird Refuge.
       (b) Authorization of Appropriations.--There is authorized 
     to be appropriated $11,000,000 to carry out subsection (a).

     SEC. 905. MATCHING CONTRIBUTIONS REQUIREMENTS.

       (a) Donation of Funds and Services.--The Secretary may 
     accept donations of funds and

[[Page H8910]]

     services from nonprofit organizations, State and local 
     governments, and private citizens for the construction of the 
     Education and Administrative Center.
       (b) Matching Funds.--The Secretary may not require matching 
     funds or contributions in kind with a combined total value of 
     more than $1,500,000 for construction of the Education and 
     Administrative Center.

            TITLE X--ACCOKEEK CREEK NATIONAL WILDLIFE REFUGE

     SEC. 1001. ACCOKEEK CREEK NATIONAL WILDLIFE REFUGE 
                   ESTABLISHMENT.

       (a) Short Title.--This title may be cited as the ``Accokeek 
     Creek National Wildlife Refuge Establishment Act''.
       (b) Establishment.--The Secretary of the Interior (in this 
     section referred to as the ``Secretary'') shall establish the 
     Accokeek Creek National Wildlife Refuge. The refuge shall 
     consist of any lands and waters owned or managed by the 
     Secretary and located within the refuge acquisition boundary 
     depicted on a map entitled ``Accokeek Creek National Wildlife 
     Refuge, Land Acquisition Boundary, Stafford County, 
     Virginia'' and dated August 2000.
       (c) Purposes.--The purposes for which the Refuge is 
     established are the following:
       (1) To provide long-term protection of ecologically unique 
     habitats of the peninsula between Accokeek and Potomac Creeks 
     in Stafford County, Virginia, known as the Crow's Nest, and 
     certain adjacent property that supports numerous species of 
     neotropical migratory birds, waterfowl, and sport and 
     commercial fish, and numerous rare and endangered plant 
     species.
       (2) To provide appropriate public access to, and compatible 
     fish and wildlife dependent recreation in, the Refuge.
       (d) Acquisition.--
       (1) In general.--(A) The Secretary may acquire by donation, 
     purchase with donated or appropriated funds, or exchange the 
     lands and waters, or interests therein (including 
     conservation easements), within the boundaries of the Refuge.
       (B) No such lands, waters, or interests therein may be 
     acquired without the consent of the owner thereof.
       (2) Transfers from other agencies.--The head of any Federal 
     agency having administrative jurisdiction over Federal 
     property located within the boundaries of the Refuge may, 
     with the approval of the Secretary, transfer such property 
     without consideration to the administrative jurisdiction of 
     the Secretary for inclusion in the Refuge.
       (e) Administration.--
       (1) In general.--The Secretary shall administer all 
     federally owned lands, waters, and interests therein that are 
     within the boundaries of the Refuge in accordance with the 
     National Wildlife Refuge System Administration Act of 1966 
     (16 U.S.C. 668dd et seq.) and this section. The Secretary may 
     use such additional statutory authority as may be available 
     for the conservation of fish and wildlife, and the provision 
     of fish and wildlife dependent recreational opportunities, as 
     the Secretary considers appropriate to carry out the purposes 
     described in subsection (c).
       (2) Priority uses.--In providing opportunities for 
     compatible fish and wildlife dependent recreation, the 
     Secretary, in accordance with paragraphs (3) and (4) of 
     section 4(a) of the National Wildlife Refuge System 
     Administration Act of 1966 (16 U.S.C. 668dd(a)), shall ensure 
     that hunting, fishing, wildlife observation and photography, 
     and environmental education and interpretation are the 
     priority public uses of the Refuge.

                        TITLE XI--MISCELLANEOUS

     SEC. 1101. AMENDMENTS TO THE NATIONAL FISH AND WILDLIFE 
                   FOUNDATION ESTABLISHMENT ACT.

       (a) Requirement To Notify Congress Regarding Grants.--
     Section 4(i) of the National Fish and Wildlife Foundation 
     Establishment Act (16 U.S.C. 3703(i)) is amended byadding 
     ``in excess of $5,000'' after ``a grant of funds''.
       (b) Matching Contributions by Subrecipients.--Section 
     10(a)(3) of the National Fish and Wildlife Foundation 
     Establishment Act (16 U.S.C. 3709(a)(3)) is amended by adding 
     ``or subrecipient'' after ``made to the Foundation''.

                 TITLE XII--MARINE TURTLE CONSERVATION

     SEC. 1201. SHORT TITLE.

       This title may be cited as the ``Marine Turtle Conservation 
     Act of 2002''.

     SEC. 1202. FINDINGS AND PURPOSES.

       (a) Findings.--The Congress finds that--
       (1) marine turtle populations have declined to the point 
     that the long-term survival of the loggerhead, green, 
     hawksbill, Kemp's ridley, olive ridley, and leatherback 
     turtle in the wild is in serious jeopardy;
       (2) 6 of the 7 recognized species of marine turtles are 
     listed as threatened or endangered species under the 
     Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), and 
     all 7 species have been included in Appendix I of CITES;
       (3) because marine turtles are long-lived, late-maturing, 
     and highly migratory, marine turtles are particularly 
     vulnerable to the impacts of human exploitation and habitat 
     loss;
       (4) illegal international trade seriously threatens wild 
     populations of some marine turtle species, particularly the 
     hawksbill turtle;
       (5) the challenges facing marine turtles are immense, and 
     the resources available have not been sufficient to cope with 
     the continued loss of nesting habitats caused by human 
     activities and the consequent diminution of marine turtle 
     populations;
       (6) because marine turtles are flagship species for the 
     ecosystems in which marine turtles are found, sustaining 
     healthy populations of marine turtles provides benefits to 
     many other species of wildlife, including many other 
     threatened or endangered species;
       (7) marine turtles are important components of the 
     ecosystems that they inhabit, and studies of wild populations 
     of marine turtles have provided important biological 
     insights;
       (8) changes in marine turtle populations are most reliably 
     indicated by changes in the numbers of nests and nesting 
     females; and
       (9) the reduction, removal, or other effective addressing 
     of the threats to the long-term viability of populations of 
     marine turtles will require the joint commitment and effort 
     of--
       (A) countries that have within their boundaries marine 
     turtle nesting habitats; and
       (B) persons with expertise in the conservation of marine 
     turtles.
       (b) Purpose.--The purpose of this title is to assist in the 
     conservation of marine turtles and the nesting habitats of 
     marine turtles in foreign countries by supporting and 
     providing financial resources for projects to conserve the 
     nesting habitats, conserve marine turtles in those habitats, 
     and address other threats to the survival of marine turtles.

     SEC. 1203. DEFINITIONS.

       In this title:
       (1) CITES.--The term ``CITES'' means the Convention on 
     International Trade in Endangered Species of Wild Fauna and 
     Flora (27 UST 1087; TIAS 8249).
       (2) Conservation.--The term ``conserva-
     tion'' means the use of all methods and procedures necessary 
     to protect nesting habitats of marine turtles in foreign 
     countries and of marine turtles in those habitats, 
     including--
       (A) protection, restoration, acquisition, and management of 
     nesting habitats;
       (B) onsite research and monitoring of nesting populations, 
     nesting habitats, annual reproduction, and species population 
     trends;
       (C) assistance in the development, implementation, and 
     improvement of national and regional management plans for 
     nesting habitat ranges;
       (D) enforcement and implementation of CITES and laws of 
     foreign countries to--
       (i) protect and manage nesting populations and nesting 
     habitats; and
       (ii) prevent illegal trade of marine turtles;
       (E) training of local law enforcement officials in the 
     interdiction and prevention of--
       (i) the illegal killing of marine turtles on nesting 
     habitat; and
       (ii) illegal trade in marine turtles;
       (F) initiatives to resolve conflicts between humans and 
     marine turtles over habitat used by marine turtles for 
     nesting;
       (G) community outreach and education; and
       (H) strengthening of the ability of local communities to 
     implement nesting population and nesting habitat conservation 
     programs.
       (3) Fund.--The term ``Fund'' means the Marine Turtle 
     Conservation Fund established by section 1205.
       (4) Marine turtle.--
       (A) In general.--The term ``marine turtle'' means any 
     member of the family Cheloniidae or Dermochelyidae.
       (B) Inclusions.--The term ``marine turtle'' includes--
       (i) any part, product, egg, or offspring of a turtle 
     described in subparagraph (A); and
       (ii) a carcass of such a turtle.
       (5) Multinational species conservation fund.--The term 
     ``Multinational Species Conservation Fund'' means the fund 
     established under the heading ``multinational species 
     conservation fund'' in title I of the Department of the 
     Interior and Related Agencies Appropriations Act, 1999 (16 
     U.S.C. 4246).
       (6) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.

     SEC. 1204. MARINE TURTLE CONSERVATION ASSISTANCE.

       (a) In General.--Subject to the availability of funds and 
     in consultation with other Federal officials, the Secretary 
     shall use amounts in the Fund to provide financial assistance 
     for projects for the conservation of marine turtles for which 
     project proposals are approved by the Secretary in accordance 
     with this section.
       (b) Project Proposals.--
       (1) Eligible applicants.--A proposal for a project for the 
     conservation of marine turtles may be submitted to the 
     Secretary by--
       (A) any wildlife management authority of a foreign country 
     that has within its boundaries marine turtle nesting habitat 
     if the activities of the authority directly or indirectly 
     affect marine turtle conservation; or
       (B) any other person or group with the demonstrated 
     expertise required for the conservation of marine turtles.
       (2) Required elements.--A project proposal shall include--
       (A) a statement of the purposes of the project;
       (B) the name of the individual with overall responsibility 
     for the project;
       (C) a description of the qualifications of the individuals 
     that will conduct the project;

[[Page H8911]]

       (D) a description of--
       (i) methods for project implementation and outcome 
     assessment;
       (ii) staff and community management for the project; and
       (iii) the logistics of the project;
       (E) an estimate of the funds and time required to complete 
     the project;
       (F) evidence of support for the project by appropriate 
     governmental entities of the countries in which the project 
     will be conducted, if the Secretary determines that such 
     support is required for the success of the project;
       (G) information regarding the source and amount of matching 
     funding available for the project; and
       (H) any other information that the Secretary considers to 
     be necessary for evaluating the eligibility of the project 
     for funding under this title.
       (c) Project Review and Approval.--
       (1) In general.--The Secretary shall--
       (A) not later than 30 days after receiving a project 
     proposal, provide a copy of the proposal to other Federal 
     officials, as appropriate; and
       (B) review each project proposal in a timely manner to 
     determine whether the proposal meets the criteria specified 
     in subsection (d).
       (2) Consultation; approval or disapproval.--Not later than 
     180 days after receiving a project proposal, and subject to 
     the availability of funds, the Secretary, after consulting 
     with other Federal officials, as appropriate, shall--
       (A) consult on the proposal with the government of each 
     country in which the project is to be conducted;
       (B) after taking into consideration any comments resulting 
     from the consultation, approve or disapprove the project 
     proposal; and
       (C) provide written notification of the approval or 
     disapproval to the person that submitted the project 
     proposal, other Federal officials, and each country described 
     in subparagraph (A).
       (d) Criteria for Approval.--The Secretary may approve a 
     project proposal under this section if the project will help 
     recover and sustain viable populations of marine turtles in 
     the wild by assisting efforts in foreign countries to 
     implement marine turtle conservation programs.
       (e) Project Sustainability.--To the maximum extent 
     practicable, in determining whether to approve project 
     proposals under this section, the Secretary shall give 
     preference to conservation projects that are designed to 
     ensure effective, long-term conservation of marine turtles 
     and their nesting habitats.
       (f) Matching Funds.--In determining whether to approve 
     project proposals under this section, the Secretary shall 
     give preference to projects for which matching funds are 
     available.
       (g) Project Reporting.--
       (1) In general.--Each person that receives assistance under 
     this section for a project shall submit to the Secretary 
     periodic reports (at such intervals as the Secretary may 
     require) that include all information that the Secretary, 
     after consultation with other government officials, 
     determines is necessary to evaluate the progress and success 
     of the project for the purposes of ensuring positive results, 
     assessing problems, and fostering improvements.
       (2) Availability to the public.--Reports under paragraph 
     (1), and any other documents relating to projects for which 
     financial assistance is provided under this title, shall be 
     made available to the public.

     SEC. 1205. MARINE TURTLE CONSERVATION FUND.

       (a) Establishment.--There is established in the 
     Multinational Species Conservation Fund a separate account to 
     be known as the ``Marine Turtle Conservation Fund'', 
     consisting of--
       (1) amounts transferred to the Secretary of the Treasury 
     for deposit into the Fund under subsection (e);
       (2) amounts appropriated to the Fund under section 1206; 
     and
       (3) any interest earned on investment of amounts in the 
     Fund under subsection (c).
       (b) Expenditures From Fund.--
       (1) In general.--Subject to paragraph (2), on request by 
     the Secretary, the Secretary of the Treasury shall transfer 
     from the Fund to the Secretary, without further 
     appropriation, such amounts as the Secretary determines are 
     necessary to carry out section 1204.
       (2) Administrative expenses.--Of the amounts in the account 
     available for each fiscal year, the Secretary may expand not 
     more than 3 percent, or up to $80,000, whichever is greater, 
     to pay the administrative expenses necessary to carry out 
     this title.
       (c) Investment of Amounts.--
       (1) In general.--The Secretary of the Treasury shall invest 
     such portion of the Fund as is not, in the judgment of the 
     Secretary of the Treasury, required to meet current 
     withdrawals. Investments may be made only in interest-bearing 
     obligations of the United States.
       (2) Acquisition of obligations.--For the purpose of 
     investments under paragraph (1), obligations may be 
     acquired--
       (A) on original issue at the issue price; or
       (B) by purchase of outstanding obligations at the market 
     price.
       (3) Sale of obligations.--Any obligation acquired by the 
     Fund may be sold by the Secretary of the Treasury at the 
     market price.
       (4) Credits to fund.--The interest on, and the proceeds 
     from the sale or redemption of, any obligations held in the 
     Fund shall be credited to and form a part of the Fund.
       (d) Transfers of Amounts.--
       (1) In general.--The amounts required to be transferred to 
     the Fund under this section shall be transferred at least 
     monthly from the general fund of the Treasury to the Fund on 
     the basis of estimates made by the Secretary of the Treasury.
       (2) Adjustments.--Proper adjustment shall be made in 
     amounts subsequently transferred to the extent prior 
     estimates were in excess of or less than the amounts required 
     to be transferred.
       (e) Acceptance and Use of Donations.--The Secretary may 
     accept and use donations to provide assistance under section 
     1204. Amounts received by the Secretary in the form of 
     donations shall be transferred to the Secretary of the 
     Treasury for deposit in the Fund.

     SEC. 1206. ADVISORY GROUP.

       (a) In General.--To assist in carrying out this title, the 
     Secretary may convene an advisory group consisting of 
     individuals representing public and private organizations 
     actively involved in the conservation of marine turtles.
       (b) Public Participation.--
       (1) Meetings.--The Advisory Group shall--
       (A) ensure that each meeting of the advisory group is open 
     to the public; and
       (B) provide, at each meeting, an opportunity for interested 
     persons to present oral or written statements concerning 
     items on the agenda.
       (2) Notice.--The Secretary shall provide to the public 
     timely notice of each meeting of the advisory group.
       (3) Minutes.--Minutes of each meeting of the advisory group 
     shall be kept by the Secretary and shall be made available to 
     the public.
       (c) Exemption From Federal Advisory Committee Act.--The 
     Federal Advisory Committee Act (5 U.S.C. App.) shall not 
     apply to the advisory group.

     SEC. 1207. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to the Fund 
     $5,000,000 for each of fiscal years 2004 through 2008.
  Mr. HANSEN (during the reading). Mr. Speaker, I ask unanimous consent 
that the amendment in the nature of a substitute be considered as read 
and printed in the Record.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Utah?
  There was no objection.
  The amendment in the nature of a substitute was agreed to.
  The Senate bill was ordered to be read a third time, was read the 
third time, and passed.
  The title of the Senate bill was amended so as to read: ``A bill to 
amend the Endangered Species Act of 1973 to promote involvement by non-
Federal entities in the recovery of endangered species, threatened 
species, and species that may become endangered or threatened species, 
and for other purposes.''.
  A motion to reconsider was laid on the table.

                          ____________________