[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.
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