[Congressional Record Volume 153, Number 163 (Thursday, October 25, 2007)]
[Senate]
[Pages S13443-S13449]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. BINGAMAN (by request):
  S. 2231. A bill to authorize the Secretary of the Interior to 
strengthen cooperative conservation efforts and to reduce barriers to 
the use of partnerships to enable Federal natural resource managers to 
meet their obligations, and for other purposes; to the Committee on 
Energy and Natural Resources.
  Mr. BINGAMAN. Mr. President, on June 19, 2007, the administration 
transmitted draft legislation entitled the Cooperative Conservation 
Enhancement Act, which was referred to the Committee on Energy and 
Natural Resources.
  I am pleased today to introduce the Cooperative Conservation 
Enhancement Act, by request, as a courtesy to the administration. This 
bill would clarify the responsibilities and authorities of the 
Secretary of the Interior to enter into cooperative conservation 
partnerships.
  I ask unanimous consent that the text of the bill, a letter of 
support, and a section-by-section analysis be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                S. 2231

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

     SECTION 1. SHORT TITLE.

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

     SEC. 2. FINDINGS AND PURPOSES.

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

     SEC. 3. DEFINITIONS.

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

                  TITLE I--WORKING LANDSCAPE PROJECTS

     SEC. 101. SHORT TITLE.

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

     SEC. 102. DEFINITIONS.

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

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

       (a) In General.--(1) The Secretary is authorized, through a 
     competitive process, to directly fund or reimburse landscape 
     project partners for the development or maintenance of 
     necessary administrative services, governance activities, and 
     information dissemination activities necessary for the 
     implementation of a landscape project.
       (2) The funding under paragraph (1) shall not exceed 3 
     years for a particular project.
       (3) In order to qualify for administrative funding, a 
     project shall--
       (A) include participation by representatives from a 
     diversity of individuals and organizations, including 
     government;
       (B) affect several jurisdictions or land ownerships; and
       (C) have the potential for advancing cooperative 
     conservation across a geographical area.
       (b) Eligible Projects.--Such projects may include--
       (1) established cooperative projects that have a documented 
     record of success and demonstrated leadership and 
     organizational capacity;
       (2) existing conservation projects that are at the stage of 
     forming partnerships and require sustained capacity building; 
     or
       (3) new or proposed projects that have a plan for 
     establishing partnerships and developing landscape-based 
     projects.
       (c) Criteria.--Eligible applications shall--
       (1) exhibit a clear purpose;

[[Page S13444]]

       (2) demonstrate, or have a plan for establishing, 
     partnerships which include representation of key interests 
     through multiple partners;
       (3) use, or plan to use in the future, coordinated 
     management with Federal and other partners;
       (4) have developed performance goals and objectives 
     consistent, where appropriate, with departmental goals;
       (5) have developed a plan for implementing, monitoring, and 
     evaluating achievement of project performance goals and 
     objectives;
       (6) include non-Federal partners who commit resources to 
     the project such as technical resources or other funds, in-
     kind services, contributions of individuals' time, or meeting 
     support;
       (7) demonstrate processes, practices, and outcomes that can 
     have general application by Federal agencies and other non-
     Federal entities;
       (8) receive Federal funding through a competitive process 
     established by the Secretary; and
       (9) have or expect to develop a plan for phasing to an 
     alternative non-Federal source of funds to sustain the 
     partnership at the conclusion of the Federal partnership 
     period.
       (d) Conservation Project Coordinator.--(1) Within 3 months 
     after the date of enactment of this Act, the Secretary may 
     designate a Department employee as a Conservation Project 
     Coordinator (referred to in this subsection as the 
     ``Coordinator''), who shall--
       (A) serve as the primary Federal coordinator of the 
     projects that receive funding under this section; and
       (B) oversee and encourage the expedited review and 
     execution of any and all Federal decisions associated with 
     such projects, including the issuance of necessary guidance, 
     decision memoranda, regulations, and other activities, as 
     necessary.
       (2) The Coordinator may also carry out such other related 
     cooperative conservation related activities and projects as 
     the Secretary deems appropriate.
       (3) All actions carried out by the Coordinator shall be 
     related to the authorized programs and activities of the 
     Department.

     SEC. 104. FUNDING.

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

          TITLE II--LANDOWNER CONSERVATION ASSISTANCE MEASURES

     SEC. 201. SHORT TITLE.

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

     SEC. 202. DEFINITIONS.

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

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

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

                   TITLE III--PROMOTING PARTNERSHIPS

     SEC. 301. COOPERATION WITH OUTSIDE ENTITIES.

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

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

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

[[Page S13445]]

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

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

     SEC. 304. CENTERS OF EXCELLENCE FOR PARTNERSHIP LEARNING.

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

     SEC. 305. PARTNERSHIP ROSTER.

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

              TITLE IV--COOPERATION AMONG FEDERAL AGENCIES

     SEC. 401. SERVICE FIRST AUTHORITY.

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

     SEC. 402. USE OF FUNDS.

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

     SEC. 403. CONSTRUCTION.

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

                    TITLE V--COOPERATIVE ASSISTANCE

     SEC. 501. FISH AND WILDLIFE SERVICE COASTAL PROGRAM.

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

     SEC. 502. COOPERATIVE CONSERVATION CHALLENGE COST-SHARE.

       (a) Definitions.--In this section:
       (1) Habitat enhancement.--
       (A) In general.--The term ``habitat enhancement'' means the 
     manipulation of the

[[Page S13446]]

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

     SEC. 503. WATER MANAGEMENT IMPROVEMENT ACT.

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

     SEC. 504. CONSULTATION WITH STATE PLANS.

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

                     TITLE VI--CONFLICT RESOLUTION

     SEC. 601. ALTERNATIVE DISPUTE RESOLUTION OFFICE.

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

                  TITLE VII--MISCELLANEOUS PROVISIONS

     SEC. 701. SAVINGS PROVISION.

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

     SEC. 702. SEVERABILITY PROVISION.

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

     SEC. 703. REGULATIONS.

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

                                              The Deputy Secretary


                                              of the Interior,

                                    Washington, DC, June 19, 2007.
     Hon. Richard Cheney,
     President of the Senate, U.S. Senate, Washington, DC.
       Dear Mr. President: The Administration is pleased to 
     forward the enclosed draft legislation, titled the 
     ``Cooperative Conservation Enhancement Act,'' for your 
     consideration. The draft legislation is intended to advance 
     the Department of the Interior's successful model of 
     cooperative conservation in several ways. First, it will 
     ensure clear, but flexible statutory authority for programs 
     that are currently carried out by the Department but are 
     generally authorized under many disparate authorities. 
     Second, the bill seeks to expand the use of cooperative 
     conservation by providing the Secretary of the Interior with 
     new authorities that will assist the Department in promoting 
     conservation partnerships with private individuals, 
     companies, and organizations and government entities; promote 
     conservation partnership capacity building; and authorize the 
     use of collaborative problem solving and alternative dispute 
     resolution in the Department's bureaus and offices.
       This draft legislation represents a major step forward for 
     the Department's cooperative conservation efforts. If 
     enacted, this new authority will reduce barriers to the use 
     of partnerships in meeting our resource management 
     obligations, and will enhance our collaborative efforts to 
     conserve and protect natural resources and the environment 
     for which the Department is responsible.
       To assist you in your review of the draft legislation, we 
     have enclosed a section-by-section analysis for the proposed 
     bill. The Administration recommends that the draft bill be 
     sent to the appropriate committee for consideration and that 
     it be enacted.
       The Office of Management and Budget has advised that there 
     is no objection to the submission of this proposal from the 
     standpoint of the Administration's program.
           Sincerely,
     P. Lynn Scarlett.
                                  ____


                           Sectional Analysis

       The purposes of this bill are to authorize programs and 
     activities that will strengthen and advance the Department of 
     the Interior's cooperative conservation efforts and reduce

[[Page S13447]]

     barriers to the use of partnerships in meeting resource 
     management obligations.
       Generally, the proposal seeks to strengthen and advance the 
     Department's successful model of cooperative conservation by 
     ensuring clear, but flexible statutory authority for programs 
     that are currently carried out by the Department but 
     generally authorized under many disparate authorities. The 
     bill also seeks to expand the use of cooperative conservation 
     by providing the Secretary of the Interior with new 
     authorities that will assist the Department in promoting 
     conservation partnerships with private individuals, 
     government entities, and organizations; promote conservation 
     partnership capacity building; and authorize the use of 
     collaborative problem solving and alternative dispute 
     resolution in the Department's bureaus and offices.


                         SECTION 1. SHORT TITLE

       This section states that the short title for the bill is 
     the ``Cooperative Conservation Enhancement Act.''


                    SECTION 2. FINDINGS AND PURPOSES

       This section sets forth congressional findings and 
     purposes.


                         SECTION 3. DEFINITIONS

       Section 3 sets out several definitions for terms that are 
     used throughout the bill. The term ``cooperative 
     conservation'' is defined as actions that relate to the use, 
     enhancement, and enjoyment of natural resources, protection 
     of the environment, or both, and that involve collaborative 
     activity among federal, state, local, and tribal governments, 
     private for-profit and non-profit institutions, other non-
     governmental entities, or individuals. The term 
     ``Department'' is used throughout the bill to reference the 
     Department of the Interior. Finally, the term ``Secretary'' 
     means the Secretary of the Interior.

                  Title I--Working Landscape Projects

       According to the Department's partners, one of the 
     difficult hurdles for cooperative conservation projects that 
     involve multiple partners or which require coordination 
     across jurisdictions is securing funding for administrative-
     type costs. These costs might include costs associated with 
     governance, such as the hiring of an executive director, or 
     costs of support services or dissemination of information.
       Title I of the bill would provide the Secretary with 
     authority, for a three-year period, to establish a consistent 
     stream of such funding, to be awarded competitively and for a 
     period of up to three years for any given project, for 
     projects authorized under existing authorities that support 
     innovative approaches to cooperative conservation.


                        SECTION 101. SHORT TITLE

       The short title of this provision is the ``Working 
     Landscape Projects Act of 2007.''


                        SECTION 102. DEFINITIONS

       Section 102 provides definitions for certain terms used 
     throughout this title. The term `administrative services' is 
     defined to include services and costs associated with the 
     operations of activities authorized under this title. It is 
     intended that such services and costs include, but not be 
     limited to, things like meeting announcements, copying, 
     personnel costs and reasonable rental costs for facilities 
     necessary for implementing this title. It is also intended 
     that services and costs under this title shall be consistent 
     with any applicable federal rules, regulations, and guidance. 
     The term `information dissemination activities' is defined to 
     include broadcasting the announcement of meetings and the 
     distribution of reports, memos, and other relevant 
     information necessary for carrying out the authorities under 
     this title.
       `Governance activities' are defined as those activities 
     required to ensure the operation and implementation of 
     projects including, but not limited to, hiring personnel to 
     coordinate project implementation; providing oversight and 
     monitoring of projects and project goals; performing adaptive 
     management techniques on projects; coordinating activities 
     with various partners; performing scientific oversight of 
     projects, including commissioning scientific studies; and 
     requesting data from federal, state, and local government 
     officials, non-profit organizations, and private individuals. 
     Finally, the term `landscape project partner' is a 
     representative of federal, state, or tribal governments, 
     private landowners or corporations, or those of non-profit 
     organizations.


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

       Section 103 would authorize the Secretary of the Interior 
     to provide funds through a competitive process for the 
     development or maintenance of necessary administrative 
     requirements, including, but not limited to, costs associated 
     with governance, support services, and dissemination of 
     information associated with projects that feature innovative 
     approaches to cooperative conservation.
       Funding for any particular project would be limited to 
     three years, and to qualify for such administrative funding, 
     a project must include participation by a diverse group of 
     partners, including government entities, must affect several 
     jurisdictions or land ownerships, and must have the potential 
     to advance cooperative conservation across a geographical 
     area.
       Projects that receive funding under this provision may 
     include established projects with a record of success; 
     existing projects that are in their early stages and require 
     sustained capacity building; or new or proposed projects that 
     have developed a plan for establishing partnerships and 
     developing landscape-based projects. Section 103 also 
     enumerates certain listed criteria that the projects must 
     meet, and would establish the position of Conservation 
     Project Coordinator, who would serve as the primary federal 
     coordinator of projects that receive funding under this 
     section and whose responsibility it would be to oversee and 
     encourage such projects such that they are reviewed and 
     executed expeditiously. The Coordinator would also be 
     authorized to carry out such other cooperative conservation 
     related activities and projects as the Secretary deems 
     appropriate. All actions undertaken by the Coordinator must 
     be related to the authorized programs and activities of the 
     Department of the Interior.


                          SECTION 104. FUNDING

       Section 104 sets out the mechanism by which the 
     administrative costs awarded under this title would be 
     funded. The Secretary would be authorized to use funds 
     identified in the President's annual budget submission as 
     Cooperative Conservation Programs. Examples of such programs 
     that have been so identified in past budgets include the 
     Department's Challenge Cost Share Program, authorized by 
     section 502 of this legislation, or the U.S. Fish and 
     Wildlife Service's Coastal Program, authorized by section 501 
     of this legislation. These funds would, in turn, be made 
     available to the Secretary in amounts of up to 5 percent of 
     those total funds for FY 2008; up to 6 percent in FY 2009; 
     and up to 7 percent in FY 2010, and will be used, for 
     example, for the costs associated with governance, such as 
     the hiring of an executive director, or costs of support 
     services or dissemination of information.

          Title II--Landowner Conservation Assistance Matters

       In order to encourage landowners to participate as citizen 
     stewards in protecting endangered and threatened species, 
     species proposed for listing under the Endangered Species Act 
     of 1973 (16 U.S.C. 1531 et seq.), and candidate species, this 
     proposal would authorize a conservation banking program 
     within the Department of the Interior.


  SECTION 201. ESTABLISHMENT, USE, AND OPERATION OF CONSERVATION BANKS

       In May 2003, the FWS administratively issued its ``Guidance 
     on the Establishment, Use, and Operation of Conservation 
     Banks.'' That document recognized that conservation banks can 
     benefit the Service--by reducing a piecemeal approach to 
     conservation by promoting the establishment of larger 
     reserves and habitat connectivity--as well as landowners--who 
     benefit from its relative ease of use, flexibility, and 
     opportunity to generate income from what may previously have 
     been considered a liability. Banking also allows a public/
     private collaboration to maintain lands as open space, 
     providing for the conservation of listed and candidate 
     species.
       Section 201 would establish within the FWS a conservation 
     banking program. It defines certain important terms, 
     including ``bank operator,'' ``bank sponsor,'' ``conservation 
     bank,'' ``conservation bank agreement,'' ``conservation bank 
     review team,'' and ``credit.'' The proposal would authorize 
     the Secretary to select and convene a ``Conservation Bank 
     Review Team,'' an interagency group that may include federal, 
     state, tribal and local regulatory and resource agency 
     representatives, to evaluate for acceptance proposals 
     received from bank sponsors. Section 201 provides that if the 
     Conservation Bank Review Team recommends a proposal, it shall 
     present the proposal to the Secretary, who may modify or 
     accept the proposal. Once it has been accepted, the Secretary 
     may enter into a conservation bank agreement and is 
     responsible for establishing the terms under which the 
     conservation bank will operate.
       This section also contains criteria to be used in 
     determining whether to approve a conservation bank proposal, 
     including whether the bank would provide an economically 
     effective process providing options to landowners to offset 
     the adverse effects of projects to species covered by the 
     bank; whether it would provide adequate mitigation for 
     species through appropriate actions; and whether it would be 
     of sufficient size to ensure the maintenance of ecological 
     integrity in perpetuity. The proposal includes requirements 
     that must be contained in bank proposals that have been 
     accepted.
       Finally, in order to ensure the enforceability of 
     agreements entered into under this section, the proposal 
     contains a provision authorizing any party to an agreement to 
     bring an action for violation of an agreement in the U.S. 
     District Court for the District of Columbia.

                   Title III--Promoting Partnerships

       Title III of the proposal would provide mechanisms for 
     increasing the use of cooperative conservation by providing 
     the Secretary of the Interior with new authorities that will 
     assist the Department in promoting conservation partnerships 
     with private individuals, government entities, and 
     organizations, and provide the Department increased 
     flexibility in working with partners and the ability to 
     publicize partnership programs using appropriated funds.
       In some cases, the provisions in Title III are intended to 
     clarify areas of law where general authority is believed to 
     exist within a particular bureau, but which would benefit

[[Page S13448]]

     from clarification. In other cases, the provisions of this 
     title are intended to provide application of a particular 
     provision uniformly across the Department's land managing 
     bureaus.


             SECTION 301. COOPERATION WITH OUTSIDE ENTITIES

       Section 301 would authorize the Secretary or designated 
     bureau official to provide assistance to and cooperate with 
     any agency, organization, or private individual in order to 
     carry out measures that clearly and directly contribute to 
     achieving conservation or natural resource management-related 
     mission and performance goals of the Department and its 
     bureaus. The section would also authorize Departmental 
     bureaus to accept donations of land and interests in land 
     that further the purposes of this section. This language 
     is intended to provide to bureaus across the Department 
     authority similar to that provided to the Secretary in the 
     Fish and Wildlife Coordination Act.


   SECTION 302. ABILITY TO EXPEND FUNDS TO BENEFIT DEPARTMENT LANDS.

       Because it is not clear that all of the Department's 
     bureaus enjoy this authority, section 302 would authorize the 
     Secretary or his designee to carry out activities on non-
     federal lands that directly benefit the resource values and 
     management of federal lands, such as the preservation, 
     conservation, and restoration of coastal and riparian 
     systems, watersheds, and wetlands; the prevention, control, 
     or eradication of invasive species that occupy adjacent non-
     federal lands; or the restoration of natural resources, 
     including native wildlife habitat.
       Activities authorized by this section could only be 
     conducted with the written consent of the landowner, and must 
     clearly and directly benefit the specific Departmental land 
     management unit by directly contributing to the programmatic 
     and performance goals of that unit. Eligible activities would 
     not include the construction of permanent capital 
     improvements or the acquisition of land.
       Finally, in order to ensure that the specific language of 
     section 302 does not limit the application of the 
     Department's other grant-making and other landowner 
     assistance provisions authorized in title V of this Act, the 
     language of section 302 makes clear that nothing in this 
     section supersedes or otherwise affects or alters the 
     authority provided in that title.


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

       In order to assist our partners and to provide clarity to 
     an issue that has caused confusion within the Department's 
     bureaus, section 303 would authorize the Secretary or his 
     designee to use appropriated funds to publicize partnership 
     programs and opportunities through publication of 
     announcements in newspapers of general circulation, in the 
     Federal Register, or such other appropriate methods. It would 
     also allow the Department to provide non-financial assistance 
     to private individuals who are establishing nonprofit groups 
     that are intended to support the mission of a Departmental 
     bureau or management unit of a bureau, such as a particular 
     park or refuge. For example, this provision would make it 
     clear that the National Park Service may provide meeting 
     space to individuals interested in establishing a ``friends 
     of the park'' group for a particular park unit.
       The provision specifically would not allow a Department 
     employee to establish a not-for-profit or other entity to 
     support the Department's mission, and nothing in this section 
     would waive the application of the provision of the Anti-
     Lobbying Act (18 U.S.C. 1913).


      SECTION 304. CENTERS OF EXCELLENCE FOR PARTNERSHIP LEARNING.

       Cooperative Conservation is critical to the Department's 
     ability to achieve its conservation goals on a landscape 
     scale and resolve environmental and natural resources 
     disputes. Consistent with President Bush's 2004 Executive 
     Order titled ``Facilitation of Cooperative Conservation,'' 
     which directs federal agencies to implement laws relating to 
     the environment and natural resources in a manner that 
     promotes cooperative conservation, section 304 authorizes a 
     number of sites where federal employees and their partners, 
     including state and local government employees, non-profit 
     employees, private sector employees, and employees of Indian 
     tribes, could experience and learn from resident experts the 
     best practices involved in creating successful partnerships 
     and fostering collaboration.
       For clarity, section 304 contains a definition of ``Center 
     of Excellence for Partnership Learning'' or ``Center,'' which 
     means a federal facility that is identified by the 
     appropriate Secretary as meeting criteria established under 
     this section and which provides federal employees and their 
     partners the opportunity to learn cooperative conservation-
     related best practices.
       Each site is authorized to develop a schedule of hosting 
     activities, which could include some combination of visits, 
     formal courses, detail opportunities, or job swaps at various 
     times throughout the year. To the maximum extent practicable, 
     spaces in the program would be filled on a first-come, first-
     served basis. Section 304 includes criteria for identifying 
     sites that would serve as Centers of Excellence for 
     Partnership Learning, and allows each Center to receive 
     funding reimbursement for the cost of running the program. 
     Each Center would be authorized to cover travel and other 
     incidental expenses of federal employee participants.


                    SECTION 305. PARTNERSHIP ROSTER.

       Section 305 authorizes the Secretaries of the Interior and 
     Agriculture to establish a multi-agency roster to enhance 
     capacity for partnership and collaborative action. The goal 
     of the Roster is to provide non-financial assistance and 
     information to government agencies, private sector 
     organizations, and the public on a variety of issues, 
     including authorities, agreements and contracts, creating and 
     managing non-profit support groups, diversifying and 
     strengthening agency funding, developing a partnership 
     workplace, building community connections, citizen 
     engagement, allowable avenues for donor recognition, 
     communications, conflict management, and collaborative 
     management.

              Title IV--Cooperation Among Federal Agencies


                 SECTION 401. SERVICE FIRST AUTHORITY.

       Section 401 provides permanent authorization for the 
     Service First Initiative, a multi-agency program jointly 
     implemented by the Departments of the Interior and the 
     Department of Agriculture's Forest Service. That program was 
     last authorized in the Department's FY 2006 Appropriations 
     legislation. Under this provision, the Secretary of the 
     Interior, acting through the Bureau of Land Management, 
     the National Park Service, and the U.S. Fish and Wildlife 
     Service, and the Secretary of Agriculture, acting through 
     the U.S. Forest Service, are authorized to conduct 
     projects, planning, permitting, leasing, contracting and 
     other activities, either jointly or on behalf of one 
     another; co-locate in federal offices and facilities owned 
     or leased by an agency of either Department; promulgate 
     special rules for issuance of unified permits, 
     applications, and leases; and share or transfer equipment, 
     vehicles, or other personal property.
       The Secretaries may also make reciprocal delegations of 
     their respective authorities, duties and responsibilities in 
     support of the activities authorized in this section in order 
     to promote customer service and efficiency.


                        SEC. 402. USE OF FUNDS.

       Section 402 provides a mechanism by which the Secretaries 
     may, in carrying out the provisions of this title, make 
     transfers of funds available and reimbursement of funds on an 
     annual basis among the Bureau of Land Management, the 
     National Park Service, the U.S. Fish and Wildlife Service, 
     and the U.S. Forest Service, including transfers and 
     reimbursements for multi-year projects that involve one or 
     more of those agencies. In so doing, however, the Secretaries 
     may not circumvent other requirements and limitations imposed 
     on the use of funds.


                        SEC. 403. CONSTRUCTION.

       Section 403 clarifies that nothing in title IV is intended 
     to alter, expand or limit the applicability of any public law 
     or regulation to lands administered by the participating 
     agencies of either Department.

                    Title V--Cooperative Assistance


        SECTION 501. FISH AND WILDLIFE SERVICE COASTAL PROGRAM.

       The FWS's Coastal Program was created by administrative 
     action, rather than by statute, relying on a number of 
     authorities, including the Fish and Wildlife Coordination Act 
     (16 U.S.C. 661-667e), the Endangered Species Act of 1973 (16 
     U.S.C. 1531 et seq.), the Migratory Bird Treaty Act (16 
     U.S.C. 703 et seq.), and the Coastal Barriers Resources Act 
     (16 U.S.C. 3501 et seq.).
       Section 501 would provide specific statutory authorization 
     for the Secretary of the Interior to carry out the Fish and 
     Wildlife Service Coastal Program within the FWS. Assistance 
     would be used by coastal program partners for, among other 
     things, conservation and restoration of important coastal 
     habitat that supports ``priority'' species, including 
     threatened and endangered species, fishery resources under 
     the Department's jurisdiction, and migratory birds.
       To ensure that the programs carried out under this 
     authority are coordinated with other programs within the 
     Administration that benefit coastal areas, the section 
     contains a provision requiring that the Secretary, where 
     appropriate, coordinate with other interested federal 
     agencies on the program authorized under this section.


      SECTION 502. COOPERATIVE CONSERVATION CHALLENGE COST-SHARE.

       Section 502 authorizes the Secretary, through the U.S. Fish 
     and Wildlife Service, the Bureau of Land Management, or the 
     National Park Service, to negotiate and enter into 
     cooperative arrangements--partnerships--with state or local 
     governments, Indian tribes, public or private agencies, 
     organizations, institutions, corporations, individuals, or 
     other entities to carry out on a public-private cost sharing 
     basis on-the-ground conservation activities on public or 
     private lands. The language contains certain requirements for 
     projects carried out on private lands, and specifies that the 
     federal share for a project may not exceed 50 percent and 
     shall be provided on a matching basis. The non-federal share 
     for a project may be in the form of cash, services, or in-
     kind contributions.
       Finally, the language makes clear that nothing in this 
     section is intended to supersede, modify, or repeal existing 
     laws providing additional cost-share authorities to 
     Department bureaus.

[[Page S13449]]

             SECTION 503. WATER MANAGEMENT IMPROVEMENT ACT.

       Section 503 authorizes the Secretary to enter into grants 
     and cooperative agreements with states, tribes, irrigation 
     districts, water districts, or other organizations with water 
     delivery authority to fund up to 50 percent of the cost of 
     planning, designing, constructing, or otherwise implementing 
     improvements that will conserve water, increase water use 
     efficiency, facilitate water markets, enhance water 
     management, or implement other actions to prevent water-
     related crises or conflicts in watersheds that have a nexus 
     to federal water projects within the states identified in the 
     Reclamation Act of 1902.
       The purpose of this section is to give Reclamation 
     permanent authority for the competitive grants program that 
     is a central element of Reclamation's ``Water 2025'' program. 
     The program is intended to apply to watersheds containing or 
     receiving water from, or hydrologically impacted by, not only 
     Bureau of Reclamation projects, but other federal projects as 
     well, including but not limited to those of the U.S. Army 
     Corps of Engineers, the Environmental Protection Agency, and 
     the Department of Agriculture's Natural Resources 
     Conservation Service.
       The authority may be used to promote partnership on any 
     action that would achieve the Water 2025 program goal of 
     preventing water-related crisis and conflict. Illustrative 
     examples include actions to enhance water management, such as 
     canal lining and piping, installation of measuring devices to 
     control water or water management technology such as 
     automation, or actions that improve riparian habitat. The 
     program aims to promote cooperation between the different 
     interests within a watershed. Recipients of Water 2025 
     awards are encouraged to enter into partnerships with 
     other entities, including governmental entities or 
     community organizations without water delivery authority, 
     so long as the recipient of the grant or cooperative 
     agreement is a state, tribe, irrigation district, water 
     district, or other organization with water delivery 
     authority. In instances where grant partners are states, 
     funds will be disbursed in conformance with the Cash 
     Management Improvement Act (P.L. 101-453 as amended by 
     P.L. 102-589).
       Agreements entered into pursuant to this authority must 
     comply with the following criteria:
       (1) Funding for improvements to federally-owned facilities 
     may be provided on a non-reimbursable basis to an entity 
     operating affected transferred works or may be deemed non-
     reimbursable for non-transferred works. Language regarding 
     reimbursability is necessary to distinguish this authority 
     from some other Bureau of Reclamation authorities, which 
     often require that project beneficiaries reimburse the 
     federal government for its investment.
       (2) Title to improvements made to federally-owned 
     facilities shall be held by the United States. This does not 
     preclude title to an entire project being transferred to non-
     federal entities at a later date.
       (3) Non-federal cost-share contributions can include the 
     value of any in-kind contributions, but may not include funds 
     from other federal agencies. In-kind contributions should 
     materially contribute to the completion of the proposed 
     action, and should be in compliance with Reclamation 
     standards regarding allowable contributions.
       (4) The cost of operating and maintaining such improvements 
     shall be the responsibility of the non-federal entity. This 
     is consistent with existing practice for most Reclamation 
     facilities, where local project partners are responsible for 
     either reimbursing Reclamation for operating and maintaining 
     the facilities, or directly financing those activities 
     themselves.
       (5) The United States shall not be held liable for monetary 
     damages arising out of any occurrence relating to non-
     federally owned facilities created or improved under this 
     section, except for damages caused by acts of negligence.
       It is intended that these provisions shall not supersede 
     any existing project-specific funding authority.
       The Secretary is also authorized to enter into cooperative 
     agreements with universities, non-profit research 
     institutions, or organizations with water or power delivery 
     authority to fund research on ways to conserve water, 
     increase water use efficiency, or enhance water management 
     under such terms and conditions as the Secretary deems 
     appropriate. This provision is intended to provide 
     Reclamation broader authority to enter into cooperative 
     agreements on research that advances achievement of 
     Reclamation's core mission areas, and which is consistent 
     with the Administration's Research and Development criteria. 
     It is not intended to apply only to Reclamation's Water 2025 
     program, but to apply to all of Reclamation's research and 
     development efforts.
       Grants or cooperative agreements made pursuant to this 
     section may be for the mutual benefit of the United States 
     and the other party, in contrast to agreements entered into 
     under provisions of the Federal Grant and Cooperative 
     Agreement Act of 1977, 31 U.S.C. Sec. Sec. 6304-6305, which 
     restrict the use of grant or cooperative agreements to 
     relationships in which the principal purpose is to benefit 
     the non-federal party.
       The legislation provides for a $100 million authorization 
     of appropriations to carry out the section, to remain 
     available until expended.
       Finally, the language makes clear that this section would 
     amend and supplement the Act of June 17, 1902, as amended and 
     supplemented.


              SECTION 504. CONSULTATION WITH STATE PLANS.

       Section 504 would require the Secretary, where appropriate, 
     to consult the State Comprehensive Conservation Plans 
     required under the State and Tribal Wildlife Grant Program 
     and coordinate with state fish and wildlife agencies in the 
     planning and implementation of the actions identified in 
     those plans in evaluating proposals for wildlife conservation 
     grants under programs administered by the Department.

                     Title VI--Conflict Resolution


          SECTION 601. ALTERNATIVE DISPUTE RESOLUTION OFFICE.

       Section 601 would establish in the Department the Office of 
     Collaborative Action and Dispute Resolution, which would be 
     responsible for promoting and advancing the use of 
     collaborative problem-solving and alternative dispute 
     resolution activities in all Departmental bureaus and 
     offices. The Office would be tasked with increasing the use 
     of early consensus building, alternative dispute resolution, 
     and negotiated rulemakings. The section authorizes such sums 
     as are necessary to carry out the program.

                  Title VII--Miscellaneous Provisions

       In order to ensure clarity and flexibility in implementing 
     this Act, the bill contains a savings provision, which makes 
     clear that the provisions contained in this bill are not 
     intended to supersede any provision of state or federal law; 
     a severability provision, which will ensure the operation of 
     the Act if a particular provision is successfully challenged; 
     and a general authorization to promulgate any regulations 
     necessary to carry out the terms of the Act.
                                              The Deputy Secretary


                                              of the Interior,

                                    Washington, DC, June 19, 2007.
     Hon. Richard Cheney,
     President of the Senate,
     U.S. Senate,
     Washington, DC.
       Dear Mr. President: The Administration is pleased to 
     forward the enclosed draft legislation, title the 
     ``Cooperative Conservation Enhancement Act,'' for your 
     consideration. The draft legislation is intended to advance 
     the Department of the Interior's successful model of 
     cooperative conservation in several ways. First, it will 
     ensure clear, but flexible statutory authority for programs 
     that are currently carried out by the Department but are 
     generally authorized under many disparate authorities. 
     Second, the bill seeks to expand the use of cooperative 
     conservation by providing the Secretary of the Interior with 
     new authorities that will assist the Department in promoting 
     conservation partnerships with private individuals, 
     companies, and organizations and government entities; promote 
     conservation partnership capacity building; and authorize the 
     use of collaborative problem solving and alternative dispute 
     resolution in the Department's bureaus and offices.
       This draft legislation represents a major step forward for 
     the Department's cooperative conservation efforts. If 
     enacted, this new authority will reduce barriers to the use 
     of partnerships in meeting our resource management 
     obligations, and will enhance our collaborative efforts to 
     conserve and protect natural resources and the environment 
     for which the Department is responsible.
       To assist you in your review of the draft legislation, we 
     have enclosed a section-by-section analysis for the proposed 
     bill. The Administration recommends that the draft bill be 
     sent to the appropriate committee for consideration and that 
     it be enacted.
       The Office of Management and Budget has advised that there 
     is no objection to the submission of this proposal from the 
     standpoint of the Administration's program.
           Sincerely,
                                                 P. Lynn Scarlett.
                                 ______