Grants priority to agreements which: (1) have the greatest potential for impact; (2) benefit multiple endangered, threatened, or at risk species; (3) carry out State or local conservation plans; or (4) are proposed by small landowners. Requires Federal or State participation in any species recovery agreement on Federal or State lands, respectively. Allocates funding equally among small landowners, public lands, and others.
Authorizes appropriations for FY 2003 through 2007.
Title II: Cooperative Regional Conservation Program - (Sec. 201) Amends the Partnerships for Wildlife Act to direct the Secretary to establish a competitive program for grants to States to pay the Federal share of the costs of conservation of non-Federal land or water of regional or national significance. Gives priority to interstate projects which protect ecosystems and are a priority of the State and local communities. Limits the Federal share to 50 percent. Directs the Secretary to make a grant to New Hampshire for the acquisition of conservation easements for certain lands sold by International Paper to the Trust for Public Land.
Authorizes appropriations for FY 2003 through 2007.
Title III: Conservation and Restoration of Shrubland and Grassland - (Sec. 301) Amends the Partnerships for Wildlife Act to direct the Secretary to establish a conservation assistance program to encourage the conservation and restoration of natural grassland or shrubland that serves as habitat for endangered, threatened, or at risk species. Includes land that was or could be natural grassland or shrubland. Makes landowners, permit holders, or conservation entities including sportsmen's or environmental organizations and land trusts, eligible for such grants. Permits managed grazing, haying or mowing (but not during bird nesting season), fire rehabilitation, and fencing and fire breaks. Prohibits payment under this and other specified conservation acts for the same conservation activity.
Authorizes appropriations for FY 2003 through 2007.
Title IV: Cibola National Wildlife Refuge, California - (Sec. 401) Revokes Public Land Order 3442, dated August 21, 1964, insofar as it applies to specified lands in Imperial County, California (certain lands included in Cibola National Wildlife Refuge).
(Sec. 402) Directs the Secretary to resurvey and publish the new boundaries of the Refuge.
Title V: Nutria Eradication or Control - (Sec. 502) Authorizes the Secretary to provide financial assistance to the States of Maryland and Louisiana for a program to implement measures to: (1) eradicate nutria in Maryland; (2) eradicate or control nutria in Louisiana and other States; and (3) restore marshland damaged by nutria.
Directs the Secretary to require that the program in Maryland consist of management, research, and public education activities carried out in accordance with the U.S. Fish and Wildlife Service document entitled "Eradication Strategies for Nutria in the Chesapeake and Delaware Bay Watersheds."
Limits the Federal share of program costs to 75 percent. Prohibits use of more than five percent of such Federal assistance for administrative expenses.
Authorizes appropriations for FY 2003 through 2006.
(Sec. 503) Directs the Secretary and the National Invasive Species Council to: (1) give consideration to the 2002 report for the Louisiana Department of Wildlife and Fisheries entitled "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 such Department 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 Louisiana and Maryland.
Title VI: Acquisition of Garrett Island, Maryland - Blackwater National Wildlife Refuge Expansion Act - (Sec. 603) Authorizes the Secretary to acquire Garrett Island in Cecil County, Maryland. Requires the Secretary to manage the Island as the Garret Island Unit of the Blackwater National Wildlife Refuge for the purposes of: (1) supporting the Delmarva Conservation Corridor Demonstration Program; (2) conserving, restoring, and managing habitats as necessary to contribute to the migratory bird populations prevalent in the Atlantic Flyway; (3) conserving, restoring, and managing the significant aquatic resource values associated with submerged adjacent land and achieving the habitat objectives of the Chesapeake 2000 Agreement; (4) conserving its archaeological resources; and (5) providing public access that does not adversely impact natural resources.
Title VII: Ottawa National Wildlife Refuge Complex Expansion - Ottawa National Wildlife Refuge Complex Expansion and Detroit River International Wildlife Refuge Expansion Act - (Sec. 704) Expands the boundaries of the Ottawa National Wildlife Refuge Complex (Refuge Complex) to include lands and waters in Ohio from the eastern boundary of Maumee Bay State Park to the eastern boundary of the Darby Unit. Authorizes the Secretary to make boundary revisions to the Refuge Complex as necessary.
Extends the southern boundary of the International Refuge south to include additional lands and waters in Michigan east of Interstate Highway 75 from the southern boundary of Sterling State Park to the Ohio State boundary.
(Sec. 705) Authorizes the Secretary to acquire (with the consent of the present owners) the lands and waters within the boundaries of the Refuge Complex as expanded by this title.
(Sec. 706) Requires the Secretary to: (1) administer all federally owned lands, waters, and interest that are within the boundaries of the Refuge Complex, as expanded by this title; and (2) ensure that hunting, fishing, wildlife observation and photography, and environmental education and interpretation are the priority public uses of the Refugee Complex.
Authorizes the Secretary to enter into cooperative agreements with specified entities to manage lands within the Refuge Complex, to promote public awareness of the resources of the western basin of Lake Erie, and to encourage public participation in the conservation of those resources.
Requires the Secretary to 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) Requires the Secretary, acting through the Director of the United States Fish and Wildlife Service, to study fish and wildlife habitat and aquatic and terrestrial communities of the two dredge spoil sites located within Toledo Harbor near the mouth of the Maumee River.
(Sec. 708) Authorizes appropriations.
Title VIII: Bear River Migratory Bird Refuge Claims Settlement - Bear River Migratory Bird Refuge Settlement Act of 2002 - (Sec. 804) Prohibits the Secretary from entering into an agreement with the State of Utah for the transfer of lands or interests in land within the Bear River Migratory Bird Refuge unless the agreement requires: (1) the State to support the U.S. 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, contingent upon demonstration by the United States that no injury to water rights shall occur; (2) the State, if it prevails in a suit against the United States challenging the validity of the deed issued pursuant to such agreement, to pay the United States for property improvements, such as water control structures and buildings, and to repay amounts paid to the State by the United States pursuant to the agreement or because of U.S. ownership of the land; and (3) the Secretary to agree to pay $15 million to the State upon delivery of a quitclaim deed that meets Justice Department standards and covers all lands and interests claimed by the State within the Refuge, subject to the condition that the State use such payment for the purposes and in the amounts specified below.
Requires the State to deposit $10 million into the Wetlands and Habitat Protection Account.
Authorizes the Executive Director of the Utah Department of Natural Resources to use the interest on such amount for wetland or open space protection and for enhancement and acquisition of wildlife habitat in and near the Great Salt Lake.
Authorizes the use of: (1) $2 million for the development, improvement, and expansion of the James V. Hansen Shoshone Trail; (2) $1 million for the development, improvement, and expansion of the Ogden-Weber Trail System; (3) $1 million for the non-motorized trails program managed by the Utah State Division of Parks and Recreation; and (4) $1 million for the preservation, reclamation, enhancement, and conservation of streams in the State of Utah.
Requires the Executive Director to maximize the use of such funds through coordination with nonprofit organizations, Federal agencies, other agencies of the State, and local governments, giving priority to those projects that include Federal, State, or private matching funds.
Authorizes appropriations for such payment.
Title IX: Education and Administrative Center at Bear River Migratory Bird Refuge, Utah - Bear River Migratory Bird Refuge Visitor Center Act - (Sec. 904) Directs the Secretary to construct an education and administrative center at the Bear River Migratory Bird Refuge in Box Elder County, Utah, to provide for the interpretation of resources at the Refuge for the education and benefit of the public, the advancement of research, protection, and health of waterfowl habitat, and the administration of such Refuge.
Authorizes appropriations.
Title X: Accokeek Creek National Wildlife Refuge - Accokeek Creek National Wildlife Refuge Establishment Act - (Sec. 1001) Requires the Secretary to establish the Accokeek Creek National Wildlife Refuge in Stafford County, Virginia. Authorizes the Secretary of the Interior to acquire land within the defined boundary of the Refuge from willing parties by purchase, lease, exchange, and donation.
Title XI: Miscellaneous - (Sec. 1101) Amends the Fish and Wildlife Foundation Establishment Act to set a minimum $5,000 threshold for the amount of a National Fish and Wildlife Foundation grant requiring prior notification to the Member of Congress for the congressional district in which project to be funded will be carried out.
Allows the use of appropriations to the Foundation for use for matching, on a one-to-one basis, contributions (whether in currency, services, or property) made to the grant subrecipient (or, as currently, to the Foundation) by private persons and State and local government agencies.
Title XII: Marine Turtle Conservation - Marine Turtle Conservation Act of 2002 - (Sec. 1204) Directs the Secretary to provide financial assistance for projects for the conservation of marine turtles (loggerhead, green, hawksbill, Kemp's ridley, olive ridley, and leatherback) using amounts in a Marine Turtle Conservation Fund established by this Act.
Allows a project proposal to be submitted by: (1) any wildlife management authority of a foreign country that has within its boundaries marine turtle nesting habitats if such authority's activities affect marine turtle conservation; or (2) any person or group with the demonstrated expertise required for the conservation of such turtles.
Sets forth requirements for project elements, review, approval, and reporting.
(Sec. 1205) Establishes the Marine Turtle Conservation Fund in the Multinational Species Conservation Fund.
(Sec. 1206) Authorizes the Secretary to convene an advisory group of individuals representing public and private organizations actively involved in the conservation of marine turtles.
Authorizes appropriations for FY 2004 through 2008.
[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 990 Introduced in Senate (IS)]
107th CONGRESS
1st Session
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.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 6, 2001
Mr. Smith of New Hampshire introduced the following bill; which was
read twice and referred to the Committee on Environment and Public
Works
_______________________________________________________________________
A BILL
To amend the Pittman-Robertson Wildlife Restoration Act to improve the
provisions relating to wildlife conservation and restoration programs,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``American Wildlife
Enhancement Act of 2001''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--PITTMAN-ROBERTSON WILDLIFE CONSERVATION AND RESTORATION
PROGRAMS IMPROVEMENT
Sec. 101. Short title.
Sec. 102. Definitions.
Sec. 103. Wildlife Conservation and Restoration Account.
Sec. 104. Apportionment of amounts in the Account.
Sec. 105. Wildlife conservation and restoration programs.
Sec. 106. Nonapplicability of Federal Advisory Committee Act.
Sec. 107. Technical amendments.
Sec. 108. Effective date.
TITLE II--ENDANGERED AND THREATENED SPECIES RECOVERY
Sec. 201. Purpose.
Sec. 202. Endangered and threatened species recovery assistance.
TITLE III--NON-FEDERAL LAND CONSERVATION GRANT PROGRAM
Sec. 301. Non-Federal land conservation grant program.
TITLE I--PITTMAN-ROBERTSON WILDLIFE CONSERVATION AND RESTORATION
PROGRAMS IMPROVEMENT
SEC. 101. SHORT TITLE.
This title may be cited as the ``Pittman-Robertson Wildlife
Conservation and Restoration Programs Improvement Act''.
SEC. 102. DEFINITIONS.
(a) In General.--Section 2 of the Pittman-Robertson Wildlife
Restoration Act (16 U.S.C. 669a) is amended to read as follows:
``SEC. 2. DEFINITIONS.
``In this Act:
``(1) Account.--The term `Account' means the Wildlife
Conservation and Restoration Account established by section
3(a)(2).
``(2) Conservation.--
``(A) In general.--The term `conservation' means
the use of a method or procedure necessary or desirable
to sustain healthy populations of wildlife.
``(B) Inclusions.--The term `conservation' includes
any activity associated with scientific resources
management, such as--
``(i) research;
``(ii) census;
``(iii) monitoring of populations;
``(iv) acquisition, improvement, and
management of habitat;
``(v) live trapping and transplantation;
``(vi) wildlife damage management;
``(vii) periodic or total protection of a
species or population; and
``(viii) the taking of individuals within a
wildlife stock or population if permitted by
applicable Federal law, State law, or law of
the District of Columbia or a territory.
``(3) Fund.--The term `fund' means the Federal aid to
wildlife restoration fund established by section 3(a)(1).
``(4) Secretary.--The term `Secretary' means the Secretary
of the Interior.
``(5) State fish and game department.--The term `State fish
and game department' means any department or division of a
department of another name, or commission, or 1 or more
officials, of a State, the District of Columbia, or a territory
empowered under the laws of the State, the District of
Columbia, or the territory, respectively, to exercise the
functions ordinarily exercised by a State fish and game
department or a State fish and wildlife department.
``(6) Territory.--The term `territory' means Puerto Rico,
Guam, American Samoa, the Commonwealth of the Northern Mariana
Islands, and the Virgin Islands.
``(7) Wildlife.--
``(A) In general.--Except as provided in
subparagraph (B), the term `wildlife' means--
``(i) any species of wild, free-ranging
fauna (excluding fish); and
``(ii) any species of fauna (excluding
fish) in a captive breeding program the object
of which is to reintroduce individuals of a
depleted indigenous species into the previously
occupied range of the species.
``(B) Wildlife conservation and restoration
program.--For the purposes of each wildlife
conservation and restoration program, the term
`wildlife' includes fish.
``(8) Wildlife-associated recreation project.--The term
`wildlife-associated recreation project' means--
``(A) a project intended to meet the demand for an
outdoor activity associated with wildlife, such as
hunting, fishing, and wildlife observation and
photography;
``(B) a project such as construction or restoration
of a wildlife viewing area, observation tower, blind,
platform, land or water trail, water access route, area
for field trialing, or trail head; and
``(C) a project to provide access for a project
described in subparagraph (A) or (B).
``(9) Wildlife conservation and restoration program.--The
term `wildlife conservation and restoration program' means a
program developed by a State fish and game department and
approved by the Secretary under section 12.
``(10) Wildlife conservation education project.--The term
`wildlife conservation education project' means a project,
including public outreach, that is intended to foster
responsible natural resource stewardship.
``(11) Wildlife-restoration project.--
``(A) In general.--The term `wildlife-restoration
project' means a project consisting of the selection,
restoration, rehabilitation, or improvement of an area
of land or water (including a property interest in land
or water) that is adaptable as a feeding, resting, or
breeding place for wildlife.
``(B) Inclusions.--The term `wildlife-restoration
project' includes--
``(i) acquisition of an area described in
subparagraph (A) that is suitable or capable of
being made suitable for feeding, resting, or
breeding by wildlife;
``(ii) construction in an area described in
subparagraph (A) of such works as are necessary
to make the area available for feeding,
resting, or breeding by wildlife;
``(iii) such research into any problem of
wildlife management as is necessary for
efficient administration of wildlife resources;
and
``(iv) such preliminary or incidental
expenses as are incurred with respect to
activities described in this paragraph.''.
(b) Conforming Amendments.--
(1) The first section, section 3(a)(1), and section 12 of
the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669,
669b(a)(1), 669i) are amended by striking ``Secretary of
Agriculture'' each place it appears and inserting
``Secretary''.
(2) The Pittman-Robertson Wildlife Restoration Act (16
U.S.C. 669 et seq.) is amended by striking ``Secretary of the
Interior'' each place it appears and inserting ``Secretary''.
(3) Section 3(a)(1) of the Pittman-Robertson Wildlife
Restoration Act (16 U.S.C. 669b(a)(1)) is amended by striking
``(hereinafter referred to as the `fund')''.
(4) Section 6(c) of the Pittman-Robertson Wildlife
Restoration Act (16 U.S.C. 669e(c)) is amended by striking
``established by section 3 of this Act''.
(5) Section 11(b) of the Pittman-Robertson Wildlife
Restoration Act (16 U.S.C. 669h-2(b)) is amended by striking
``wildlife restoration projects'' each place it appears and
inserting ``wildlife-restoration projects''.
SEC. 103. WILDLIFE CONSERVATION AND RESTORATION ACCOUNT.
(a) In General.--Section 3 of the Pittman-Robertson Wildlife
Restoration Act (16 U.S.C. 669b) is amended--
(1) by striking ``Sec. 3. (a)(1) An'' and inserting the
following:
``SEC. 3. FEDERAL AID TO WILDLIFE RESTORATION FUND.
``(a) In General.--
``(1) Federal aid to wildlife restoration fund.--An'';
(2) in subsection (a), by striking paragraph (2) and
inserting the following:
``(2) Wildlife conservation and restoration account.--
``(A) Establishment.--There is established in the
fund an account to be known as the `Wildlife
Conservation and Restoration Account'.
``(B) Funding.--There are authorized to be
appropriated to the Account for apportionment to
States, the District of Columbia, and territories in
accordance with section 4(d)--
``(i) $50,000,000 for fiscal year 2001; and
``(ii) $350,000,000 for each of fiscal
years 2002 through 2006.''; and
(3) by striking subsections (c) and (d).
(b) Conforming Amendments.--
(1) Section 3(a)(1) of the Pittman-Robertson Wildlife
Restoration Act (16 U.S.C. 669b(a)(1)) is amended in the first
sentence--
(A) by inserting ``(other than the Account)'' after
``wildlife restoration fund''; and
(B) by inserting before the period at the end the
following: ``(other than sections 4(d) and 12)''.
(2) Section 4 of the Pittman-Robertson Wildlife Restoration
Act (16 U.S.C. 669c) is amended--
(A) in subsection (a)--
(i) in paragraph (1)(A)--
(I) by inserting ``(other than the
Account)'' after ``the fund''; and
(II) by inserting ``(other than
subsection (d) and sections 3(a)(2) and
12)'' after ``this Act''; and
(ii) in paragraph (2)(B), by inserting
``from the fund (other than the Account)''
before ``under this Act''; and
(B) in the first sentence of subsection (b), by
striking ``said fund'' and inserting ``the fund (other
than the Account)''.
(3) Section 6 of the Pittman-Robertson Wildlife Restoration
Act (16 U.S.C. 669e) is amended--
(A) in subsection (a)--
(i) in the matter preceding paragraph (1),
by inserting ``(other than sections 4(d) and
12)'' after ``this Act'';
(ii) in the last sentence of paragraph (1),
by striking ``this Act from funds apportioned
under this Act'' and inserting ``this Act
(other than sections 4(d) and 12) from funds
apportioned from the fund (other than the
Account) under this Act'';
(iii) in paragraph (2)--
(I) in the first sentence, by
inserting ``(other than sections 4(d)
and 12)'' after ``this Act''; and
(II) in the last sentence, by
striking ``said fund as represents the
share of the United States payable
under this Act'' and inserting ``the
fund (other than the Account) as represents the share of the United
States payable from the fund (other than the Account) under this Act'';
and
(iv) in the last paragraph, by inserting
``from the fund (other than the Account)''
before ``under this Act'' each place it
appears; and
(B) in subsection (b), by inserting ``(other than
sections 4(d) and 12)'' after ``this Act'' each place
it appears.
(4) Section 8A of the Pittman-Robertson Wildlife
Restoration Act (16 U.S.C. 669g-1) is amended in the first
sentence by inserting ``from the fund (other than the
Account)'' before ``under this Act''.
(5) Section 9 of the Pittman-Robertson Wildlife Restoration
Act (16 U.S.C. 669h) is amended in subsections (a) and (b)(1)
by striking ``section 4(a)(1)'' each place it appears and
inserting ``subsections (a)(1) and (d)(1) of section 4''.
(6) Section 10 of the Pittman-Robertson Wildlife
Restoration Act (16 U.S.C. 669h-1) is amended--
(A) in subsection (a)(1)--
(i) by inserting ``(other than the
Account)'' after ``the fund''; and
(ii) in subparagraph (B), by inserting
``but excluding any use authorized solely by
section 12'' after ``target ranges''; and
(B) in subsection (c)(2), by inserting before the
period at the end the following: ``(other than sections
4(d) and 12)''.
(7) Section 11(a)(1) of the Pittman-Robertson Wildlife
Restoration Act (16 U.S.C. 669h-2(a)(1)) is amended by
inserting ``(other than the Account)'' after ``the fund''.
SEC. 104. APPORTIONMENT OF AMOUNTS IN THE ACCOUNT.
Section 4 of the Pittman-Robertson Wildlife Restoration Act (16
U.S.C. 669c) is amended by striking the second subsection (c) and
subsection (d) and inserting the following:
``(d) Apportionment of Amounts in the Account.--
``(1) Deduction for administrative expenses.--For each
fiscal year, the Secretary may deduct, for payment of
administrative expenses incurred by the Secretary in carrying
out activities funded from the Account, not more than 3 percent
of the total amount of the Account available for apportionment
for the fiscal year.
``(2) Apportionment to district of columbia and
territories.--For each fiscal year, after making the deduction
under paragraph (1), the Secretary shall apportion from the
amount in the Account remaining available for apportionment--
``(A) to each of the District of Columbia and the
Commonwealth of Puerto Rico, a sum equal to not more
than \1/2\ of 1 percent of that remaining amount; and
``(B) to each of Guam, American Samoa, the
Commonwealth of the Northern Mariana Islands, and the
Virgin Islands, a sum equal to not more than \1/4\ of 1
percent of that remaining amount.
``(3) Apportionment to states.--
``(A) In general.--Subject to subparagraph (B), for
each fiscal year, after making the deduction under
paragraph (1) and the apportionment under paragraph
(2), the Secretary shall apportion the amount in the
Account remaining available for apportionment among
States in the following manner:
``(i) \1/3\ based on the ratio that the
area of each State bears to the total area of
all States.
``(ii) \2/3\ based on the ratio that the
population of each State bears to the total
population of all States.
``(B) Minimum and maximum apportionments.--For each
fiscal year, the amounts apportioned under this
paragraph shall be adjusted proportionately so that no
State is apportioned a sum that is--
``(i) less than 1 percent of the amount
available for apportionment under this
paragraph for the fiscal year; or
``(ii) more than 5 percent of that amount.
``(4) Use.--
``(A) In general.--Apportionments under paragraphs
(2) and (3)--
``(i) shall supplement, but not supplant,
funds available to States, the District of
Columbia, and territories--
``(I) from the fund; or
``(II) from the Sport Fish
Restoration Account established by
section 9504(a) of the Internal Revenue
Code of 1986; and
``(ii) shall be used to address the unmet
needs for a wide variety of wildlife and
associated habitats, including species that are
not hunted or fished, for projects authorized
to be carried out as part of wildlife
conservation and restoration programs in
accordance with section 12.
``(B) Prohibition on diversion.--A State, the
District of Columbia, or a territory shall not be
eligible to receive an apportionment under paragraph
(2) or (3) if the Secretary determines that the State,
the District of Columbia, or the territory,
respectively, diverts funds from any source of revenue
(including interest, dividends, and other income earned
on the revenue) available to the State, the District of
Columbia, or the territory after January 1, 2000, for
conservation of wildlife for any purpose other than the
administration of the State fish and game department in
carrying out wildlife conservation activities.
``(5) Period of availability of apportionments.--
Notwithstanding section 3(a)(1), for each fiscal year, the
apportionment to a State, the District of Columbia, or a territory from
the Account under this subsection shall remain available for obligation
until the end of the second following fiscal year.''.
SEC. 105. WILDLIFE CONSERVATION AND RESTORATION PROGRAMS.
(a) In General.--The Pittman-Robertson Wildlife Restoration Act is
amended--
(1) by redesignating sections 12 and 13 (16 U.S.C. 669i,
669 note) as sections 13 and 15, respectively; and
(2) by inserting after section 11 (16 U.S.C. 669h-2) the
following:
``SEC. 12. WILDLIFE CONSERVATION AND RESTORATION PROGRAMS.
``(a) Definition of State.--In this section, the term `State' means
a State, the District of Columbia, and a territory.
``(b) Wildlife Conservation and Restoration Programs.--
``(1) In general.--A State, acting through the State fish
and game department, may apply to the Secretary--
``(A) for approval of a wildlife conservation and
restoration program; and
``(B) to receive funds from the apportionment to
the State under section 4(d) to develop and implement
the wildlife conservation and restoration program.
``(2) Application contents.--As part of an application
under paragraph (1), a State shall provide documentation
demonstrating that the wildlife conservation and restoration
program of the State includes--
``(A) provisions vesting in the State fish and game
department overall responsibility and accountability
for the wildlife conservation and restoration program
of the State;
``(B) provisions to identify which species in the
State are in greatest need of conservation; and
``(C) provisions for the development,
implementation, and maintenance, under the wildlife
conservation and restoration program, of--
``(i) wildlife conservation projects--
``(I) that expand and support other
wildlife programs; and
``(II) that are selected giving
appropriate consideration to all
species of wildlife in accordance with
subsection (c);
``(ii) wildlife-associated recreation
projects; and
``(iii) wildlife conservation education
projects.
``(3) Public participation.--A State shall provide an
opportunity for public participation in the development,
implementation, and revision of the wildlife conservation and
restoration program of the State and projects carried out under
the wildlife conservation and restoration program.
``(4) Approval for funding.--If the Secretary finds that
the application submitted by a State meets the requirements of
paragraph (2), the Secretary shall approve the wildlife
conservation and restoration program of the State.
``(5) Payment of federal share.--
``(A) In general.--Subject to subparagraph (D),
after the Secretary approves a wildlife conservation
and restoration program of a State, the Secretary may
use the apportionment to the State under section 4(d)
to pay the Federal share of--
``(i) the cost of implementation of the
wildlife conservation and restoration program;
and
``(ii) the cost of development,
implementation, and maintenance of each project
that is part of the wildlife conservation and
restoration program.
``(B) Federal share.--The Federal share shall not
exceed 75 percent.
``(C) Timing of payments.--Under such regulations
as the Secretary may promulgate, the Secretary--
``(i) shall make payments to a State under
subparagraph (A) during the course of a
project; and
``(ii) may advance funds to pay the Federal
share of the costs described in subparagraph
(A).
``(D) Maximum amount for law enforcement
activities.--Notwithstanding section 8(a), for each
fiscal year, not more than 10 percent of the
apportionment to a State under section 4(d) for the
wildlife conservation and restoration program of the
State may be used for law enforcement activities.
``(6) Method of implementation of projects.--A State may
implement a project that is part of the wildlife conservation
and restoration program of the State through--
``(A) a grant made by the State to, or a contract
entered into by the State with--
``(i) any Federal, State, or local agency
(including an agency that gathers, evaluates,
and disseminates information on wildlife and
wildlife habitats);
``(ii) an Indian tribe (as defined in
section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450b));
``(iii) a wildlife conservation
organization; or
``(iv) an outdoor recreation or
conservation education entity; and
``(B) any other method determined appropriate by
the State.
``(c) Wildlife Conservation Strategy.--
``(1) In general.--Not later than 5 years after the date of
the initial apportionment to a State under section 4(d), to be
eligible to continue to receive funds from the apportionment to the
State under section 4(d), the State shall, as part of the wildlife
conservation and restoration program of the State, develop and begin
implementation of a wildlife conservation strategy that is based on the
best available and appropriate scientific information.
``(2) Required elements.--A wildlife conservation strategy
shall--
``(A) use such information on the distribution and
abundance of species of wildlife as is indicative of
the diversity and health of the wildlife of the State,
including such information on species with low
populations and declining numbers of individuals as the
State fish and game department determines to be
appropriate;
``(B) identify the extent and condition of wildlife
habitats and community types essential to conservation
of the species of wildlife of the State identified
using information described in subparagraph (A);
``(C)(i) identify the problems that may adversely
affect--
``(I) the species identified using
information described in subparagraph (A); and
``(II) the habitats of the species
identified under subparagraph (B); and
``(ii) provide for high priority research and
surveys to identify factors that may assist in the
restoration and more effective conservation of--
``(I) the species identified using
information described in subparagraph (A); and
``(II) the habitats of the species
identified under subparagraph (B);
``(D)(i) describe which actions should be taken to
conserve--
``(I) the species identified using
information described in subparagraph (A); and
``(II) the habitats of the species
identified under subparagraph (B); and
``(ii) establish priorities for implementing those
actions; and
``(E) provide for--
``(i) periodic monitoring of--
``(I) the species identified using
information described in subparagraph
(A);
``(II) the habitats of the species
identified under subparagraph (B); and
``(III) the effectiveness of the
conservation actions described under
subparagraph (D); and
``(ii) adaptation of conservation actions
as appropriate to respond to new information or
changing conditions.
``(3) Public participation in development of strategy.--A
State shall provide an opportunity for public participation in
the development and implementation of the wildlife conservation
strategy of the State.
``(4) Review and revision.--Not less often than once every
10 years, a State shall review the wildlife conservation
strategy of the State and make any appropriate revisions.
``(5) Coordination.--During the development,
implementation, review, and revision of the wildlife
conservation strategy of the State, a State shall provide for
coordination, to the maximum extent practicable, between--
``(A) the State fish and game department; and
``(B) Federal, State, and local agencies and Indian
tribes that--
``(i) manage significant areas of land or
water within the State; or
``(ii) administer programs that
significantly affect the conservation of
``(I) the species identified using
information described in paragraph
(2)(A); or
``(II) the habitats of the species
identified under paragraph (2)(B).
``(d) Use of Funds for New and Existing Programs and Projects.--
Funds made available from the Account to carry out activities under
this section may be used--
``(1) to carry out new programs and projects; and
``(2) to enhance existing programs and projects.
``(e) Priority for Funding.--In using funds made available from the
Account to carry out activities under this section, a State shall give
priority to species that are in greatest need of conservation, as
identified by the State.
``(f) Limitation on Use of Funds for Wildlife Conservation
Education Projects.--Funds made available from the Account to carry out
wildlife conservation education projects shall not be used to fund, in
whole or in part, any activity that promotes or encourages opposition
to the regulated hunting or trapping of wildlife.''.
(b) Conforming Amendment.--Section 8(a) of the Pittman-Robertson
Wildlife Restoration Act (16 U.S.C. 669g) is amended by striking the
last sentence.
SEC. 106. NONAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT.
(a) Pittman-Robertson Wildlife Restoration Act.--The Pittman-
Robertson Wildlife Restoration Act (as amended by section 105(a)(1)) is
amended by inserting after section 13 the following:
``SEC. 14. NONAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT.
``Coordination with State fish and game department personnel or
with personnel of any other agency of a State, the District of
Columbia, or a territory under this Act shall not be subject to the
Federal Advisory Committee Act (5 U.S.C. App.).''.
(b) Dingell-Johnson Sport Fish Restoration Act.--The Dingell-
Johnson Sport Fish Restoration Act is amended--
(1) by redesignating section 15 (16 U.S.C. 777 note) as
section 16; and
(2) by inserting after section 14 (16 U.S.C. 777m) the
following:
``SEC. 15. NONAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT.
``Coordination with State fish and game department personnel or
with personnel of any other State agency under this Act shall not be
subject to the Federal Advisory Committee Act (5 U.S.C. App.).''.
SEC. 107. TECHNICAL AMENDMENTS.
(a) The first section of the Pittman-Robertson Wildlife Restoration
Act (16 U.S.C. 669) is amended by striking ``That the'' and inserting
the following:
``SECTION 1. COOPERATION OF SECRETARY OF THE INTERIOR WITH STATES.
``The''.
(b) Section 5 of the Pittman-Robertson Wildlife Restoration Act (16
U.S.C. 669d) is amended by striking ``Sec. 5.'' and inserting the
following:
``SEC. 5. CERTIFICATION OF AMOUNTS DEDUCTED OR APPORTIONED.''.
(c) Section 6 of the Pittman-Robertson Wildlife Restoration Act (16
U.S.C. 669e) is amended by striking ``Sec. 6.'' and inserting the
following:
``SEC. 6. SUBMISSION AND APPROVAL OF PLANS AND PROJECTS.''.
(d) Section 7 of the Pittman-Robertson Wildlife Restoration Act (16
U.S.C. 669f) is amended by striking ``Sec. 7.'' and inserting the
following:
``SEC. 7. PAYMENT OF FUNDS TO STATES.''.
(e) Section 8 of the Pittman-Robertson Wildlife Restoration Act (16
U.S.C. 669g) is amended by striking ``Sec. 8.'' and inserting the
following:
``SEC. 8. MAINTENANCE OF PROJECTS; FUNDING OF HUNTER SAFETY PROGRAMS
AND PUBLIC TARGET RANGES.''.
(f) Section 8A of the Pittman-Robertson Wildlife Restoration Act
(16 U.S.C. 669g-1) is amended by striking ``Sec. 8A.'' and inserting
the following:
``SEC. 8A. APPORTIONMENTS TO TERRITORIES.''.
(g) Section 12 of the Pittman-Robertson Wildlife Restoration Act
(16 U.S.C. 669i) is amended by striking ``Sec. 12.'' and inserting the
following:
``SEC. 12. RULES AND REGULATIONS.''.
SEC. 108. EFFECTIVE DATE.
This title takes effect on October 1, 2001.
TITLE II--ENDANGERED AND THREATENED SPECIES RECOVERY
SEC. 201. PURPOSE.
The purpose of this title is to promote involvement by non-Federal
entities in the recovery of the endangered species and threatened
species of the United States and the habitats on which the species
depend.
SEC. 202. ENDANGERED AND THREATENED SPECIES RECOVERY ASSISTANCE.
(a) In General.--Section 13 of the Endangered Species Act of 1973
(87 Stat. 902) is amended to read as follows:
``SEC. 13. ENDANGERED AND THREATENED SPECIES RECOVERY ASSISTANCE.
``(a) Definitions.--In this section:
``(1) Small landowner.--The term `small landowner' means an
individual who owns not more than 150 acres of land.
``(2) Species recovery agreement.--The term `species
recovery agreement' means an endangered and threatened species
recovery agreement entered into under subsection (c).
``(b) Endangered and Threatened Species Recovery Assistance.--
``(1) Financial assistance.--The Secretary may provide
financial assistance to any person for development and
implementation of an endangered and threatened species recovery
agreement entered into by the Secretary and the person under
subsection (c).
``(2) Priority.--In providing financial assistance under
this subsection, the Secretary shall give priority to the
development and implementation of species recovery agreements
that--
``(A) implement actions identified under recovery
plans approved by the Secretary under section 4(f);
``(B) have the greatest potential for contributing
to the recovery of an endangered species or threatened
species; and
``(C) are proposed by small landowners.
``(3) Prohibition on assistance for required activities.--
The Secretary shall not provide financial assistance under this
subsection for any activity that is required--
``(A) by a permit issued under section 10(a)(1)(B);
``(B) by an incidental taking statement provided
under section 7(b)(4); or
``(C) under another provision of this Act or any
other Federal law.
``(4) Payments under other programs.--
``(A) Other payments not affected.--Financial
assistance provided to a person under this subsection
shall be in addition to, and shall not affect, the
total amount of payments that the person is eligible to
receive under--
``(i) the conservation reserve program
established under subchapter B of chapter 1 of
subtitle D of title XII of the Food Security
Act of 1985 (16 U.S.C. 3831 et seq.);
``(ii) the wetlands reserve program
established under subchapter C of that chapter
(16 U.S.C. 3837 et seq.);
``(iii) the environmental quality
incentives program established under chapter 4
of subtitle D of title XII of the Food Security
Act of 1985 (16 U.S.C. 3839aa et seq.); or
``(iv) the Wildlife Habitat Incentive
Program established under section 387 of the
Federal Agriculture Improvement and Reform Act
of 1996 (16 U.S.C. 3836a).
``(B) Limitation.--A person shall not receive
financial assistance under a species recovery agreement
for any activity for which the person receives a
payment under a program referred to in subparagraph (A)
unless the species recovery agreement imposes on the
person a financial or management obligation in addition
to the obligations of the person under that program.
``(c) Endangered and Threatened Species Recovery Agreements.--
``(1) In general.--In accordance with this subsection, the
Secretary may enter into endangered and threatened species
recovery agreements.
``(2) Required terms.--The Secretary shall include in each
species recovery agreement with a person provisions that--
``(A) require the person--
``(i) to carry out on real property owned
or leased by the person activities not required
by other law that contribute to the recovery of
an endangered species or threatened species; or
``(ii) to refrain from carrying out on real
property owned or leased by the person
otherwise lawful activities that would inhibit
the recovery of an endangered species or
threatened species;
``(B) describe the real property referred to in
clauses (i) and (ii) of subparagraph (A);
``(C) specify species recovery goals for the
species recovery agreement, and activities for
attaining the goals;
``(D)(i) require the person to make reasonable
efforts to make measurable progress each year in
achieving the species recovery goals; and
``(ii) specify a schedule for implementation of the
species recovery agreement;
``(E) specify actions to be taken by the Secretary
or the person to monitor the effectiveness of the
species recovery agreement in attaining the species
recovery goals;
``(F) require the person to notify the Secretary if
any right or obligation of the person under the species
recovery agreement is assigned to any other person;
``(G) require the person to notify the Secretary if
any term of the species recovery agreement is breached;
``(H) specify the date on which the species
recovery agreement takes effect and the period of time
during which the species recovery agreement shall
remain in effect;
``(I) provide that the species recovery agreement
shall not be in effect on or after any date on which
the Secretary publishes a certification by the
Secretary that the person has not complied with the
species recovery agreement; and
``(J) schedule the disbursement of financial
assistance provided under subsection (b) for
implementation of the species recovery agreement, on an
annual or other basis during the period in which the
species recovery agreement is in effect, based on the
schedule for implementation required under subparagraph
(D)(ii).
``(3) Review and approval of proposed species recovery
agreements.--On submission by any person of a proposed species
recovery agreement under this subsection, the Secretary shall--
``(A) review the proposed species recovery
agreement and determine whether the species recovery
agreement--
``(i) complies with this subsection; and
``(ii) will contribute to the recovery of
each endangered species or threatened species
that is the subject of the proposed species
recovery agreement;
``(B) propose to the person any additional
provisions that are necessary for the species recovery
agreement to comply with this subsection; and
``(C) if the Secretary determines that the species
recovery agreement complies with this subsection, enter
into the species recovery agreement with the person.
``(4) Monitoring of implementation of species recovery
agreements.--The Secretary shall--
``(A) periodically monitor the implementation of
each species recovery agreement; and
``(B) based on the information obtained from the
monitoring, annually or otherwise disburse financial
assistance under this section to implement the species
recovery agreement as the Secretary determines to be
appropriate under the species recovery agreement.
``(d) Limitation on Administrative Expenses.--Of the amounts made
available to carry out this section for a fiscal year, not more than 3
percent may be used to pay administrative expenses incurred in carrying
out this section.''.
(b) Authorization of Appropriations.--Section 15 of the Endangered
Species Act of 1973 (16 U.S.C. 1542) is amended by adding at the end
the following:
``(d) Endangered and Threatened Species Recovery Assistance.--There
is authorized to be appropriated to carry out section 13 $75,000,000
for each of fiscal years 2002 through 2006.''.
(c) Conforming Amendment.--The table of contents in the first
section of the Endangered Species Act of 1973 (16 U.S.C. prec. 1531) is
amended by striking the item relating to section 13 and inserting the
following:
``Sec. 13. Endangered and threatened species recovery assistance.''.
TITLE III--NON-FEDERAL LAND CONSERVATION GRANT PROGRAM
SEC. 301. NON-FEDERAL LAND CONSERVATION GRANT PROGRAM.
(a) In General.--The Partnerships for Wildlife Act (16 U.S.C. 3741
et seq.) is amended by adding at the end the following:
``SEC. 7106. NON-FEDERAL LAND CONSERVATION GRANT PROGRAM.
``(a) Establishment.--In consultation with appropriate State,
regional, and other units of government, the Secretary shall establish
a competitive grant program, to be known as the `Non-Federal Land
Conservation Grant Program' (referred to in this section as the
`program'), to make grants to States or groups of States to pay the
Federal share determined under subsection (c)(4) of the costs of
conservation of non-Federal land or water of regional or national
significance.
``(b) Ranking Criteria.--In selecting among applications for grants
for projects under the program, the Secretary shall--
``(1) rank projects according the extent to which a
proposed project will protect watersheds and important scenic,
cultural, recreational, fish, wildlife, and other ecological
resources; and
``(2) subject to paragraph (1), give preference to proposed
projects--
``(A) that seek to protect ecosystems;
``(B) that are developed in collaboration with
other States;
``(C) with respect to which there has been public
participation in the development of the project
proposal;
``(D) that are supported by communities and
individuals that are located in the immediate vicinity
of the proposed project or that would be directly
affected by the proposed project; or
``(E) that the State considers to be a State
priority.
``(c) Grants to States.--
``(1) Notice of deadline for applications.--The Secretary
shall give reasonable advance notice of each deadline for
submission of applications for grants under the program by
publication of a notice in the Federal Register.
``(2) Submission of applications.--
``(A) In general.--A State or group of States may
submit to the Secretary an application for a grant
under the program.
``(B) Required contents of applications.--Each
application shall include--
``(i) a detailed description of each
proposed project;
``(ii) a detailed analysis of project
costs, including costs associated with--
``(I) planning;
``(II) administration;
``(III) property acquisition; and
``(IV) property management;
``(iii) a statement describing how the
project is of regional or national
significance; and
``(iv) a plan for stewardship of any land
or water, or interest in land or water, to be
acquired under the project.
``(3) Selection of grant recipients.--Not later than 90
days after the date of receipt of an application, the Secretary
shall--
``(A) review the application; and
``(B)(i) notify the State or group of States of the
decision of the Secretary on the application; and
``(ii) if the application is denied, provide an
explanation of the reasons for the denial.
``(4) Cost sharing.--The Federal share of the costs of a
project under the program shall be--
``(A) in the case of a project to acquire the fee
simple interest in land or water, not more than 50
percent of the costs of the project;
``(B) in the case of a project to acquire less than
the fee simple interest in land or water (including
acquisition of a conservation easement), not more than
70 percent of the costs of the project; and
``(C) in the case of a project involving 3 or more
States, not more than 75 percent of the costs of the
project.
``(5) Effect of insufficiency of funds.--If the Secretary
determines that there are insufficient funds available to make
grants with respect to all applications that meet the
requirements of this subsection, the Secretary shall give
priority to those projects that best meet the ranking criteria
established under subsection (b).
``(d) Report.--Not later than 60 days after the end of each fiscal
year, the Secretary shall submit to the Committee on Environment and
Public Works of the Senate and the Committee on Resources of the House
of Representatives a report describing the grants made under this
section, including an analysis of how projects were ranked under
subsection (b).
``(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $50,000,000 for each of fiscal
years 2002 through 2006.''.
(b) Conforming Amendment.--Section 7105(g)(2) of the Partnerships
for Wildlife Act (16 U.S.C. 3744(g)(2)) is amended by striking ``this
chapter'' and inserting ``this section''.
<all>
Committee on Environment and Public Works. Reported by Senator Jeffords with an amendment in the nature of a substitute. With written report No. 107-123.
Committee on Environment and Public Works. Reported by Senator Jeffords with an amendment in the nature of a substitute. With written report No. 107-123.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 283.
Measure laid before Senate by unanimous consent. (consideration: CR S14054-14059; text of measure as reported in Senate: CR S14054-14059)
The committee substitute as amended agreed to by Unanimous Consent.
Passed/agreed to in Senate: Passed Senate with an amendment by Unanimous Consent.
Passed Senate with an amendment by Unanimous Consent.
Message on Senate action sent to the House.
Received in the House.
Referred to the House Committee on Resources.
Executive Comment Requested from Interior.
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Mr. Hansen asked unanimous consent to discharge from committee and consider.
Committee on Resources discharged.
Committee on Resources discharged.
Considered by unanimous consent. (consideration: CR 11/14/2002 H8898-8911; text as passed Senate: CR 11/14/2002 H8899-8904)
Passed/agreed to in House: On passage Passed without objection.
On passage Passed without objection.
The title of the measure was amended. Agreed to without objection.
Motion to reconsider laid on the table Agreed to without objection.
Message on House action received in Senate and at desk: House amendments to Senate bill.