[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 990 Engrossed Amendment House (EAH)]
In the House of Representatives, U. S.,
November 15 (legislative day, November 14), 2002.
Resolved, That the bill from the Senate (S. 990) entitled ``An Act to amend
the Pittman-Robertson Wildlife Restoration Act to improve the provisions
relating to wildlife conservation and restoration programs, and for other
purposes'', do pass with the following
AMENDMENTS:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``American Wildlife
Enhancement Act of 2002''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--ENDANGERED AND THREATENED SPECIES RECOVERY
Sec. 101. Purpose.
Sec. 102. Endangered and threatened species recovery assistance.
TITLE II--COOPERATIVE REGIONAL CONSERVATION PROGRAM
Sec. 201. Cooperative Regional Conservation Program.
TITLE III--CONSERVATION AND RESTORATION OF SHRUBLAND AND GRASSLAND
Sec. 301. Conservation and restoration of shrubland and grassland.
TITLE IV--CIBOLA NATIONAL WILDLIFE REFUGE, CALIFORNIA
Sec. 401. Revocation of public land order with respect to lands
erroneously included in Cibola National
Wildlife Refuge, California.
Sec. 402. Resurvey and notice of modified boundaries.
TITLE V--NUTRIA ERADICATION OR CONTROL
Sec. 501. Findings and purposes.
Sec. 502. Nutria eradication program.
Sec. 503. Report.
TITLE VI--ACQUISITION OF GARRETT ISLAND, MARYLAND
Sec. 601. Short title.
Sec. 602. Findings.
Sec. 603. Authority to acquire property for inclusion in the Blackwater
National Wildlife Refuge.
TITLE VII--OTTAWA NATIONAL WILDLIFE REFUGE COMPLEX EXPANSION
Sec. 701. Short title.
Sec. 702. Findings.
Sec. 703. Definitions.
Sec. 704. Expansion of boundaries.
Sec. 705. Acquisition and transfer of lands for Refuge Complex.
Sec. 706. Administration of Refuge Complex.
Sec. 707. Study of associated area.
Sec. 708. Authorization of appropriations.
TITLE VIII--BEAR RIVER MIGRATORY BIRD REFUGE CLAIMS SETTLEMENT
Sec. 801. Short title.
Sec. 802. Findings.
Sec. 803. Definitions.
Sec. 804. Required terms of land claims settlement, Bear River
Migratory Bird Refuge, Utah.
TITLE IX--EDUCATION AND ADMINISTRATIVE CENTER AT BEAR RIVER MIGRATORY
BIRD REFUGE, UTAH
Sec. 901. Short title.
Sec. 902. Findings.
Sec. 903. Definitions.
Sec. 904. Authorization of construction of the education center.
Sec. 905. Matching contributions requirements.
TITLE X--ACCOKEEK CREEK NATIONAL WILDLIFE REFUGE.
Sec. 1001. Accokeek National Wildlife Refuge Establishment.
TITLE XI--MISCELLANEOUS
Sec. 1101. Amendments to the National Fish and Wildlife Foundation
Establishment Act.
TITLE XII--MARINE TURTLE CONSERVATION
Sec. 1201. Short title.
Sec. 1202. Findings and purposes.
Sec. 1203. Definitions.
Sec. 1204. Marine turtle conservation assistance.
Sec. 1205. Marine Turtle Conservation Fund.
Sec. 1206. Advisory group.
Sec. 1207. Authorization of appropriations.
TITLE I--ENDANGERED AND THREATENED SPECIES STEWARDSHIP PROGRAM
SEC. 101. PURPOSE.
The purpose of this title is to promote involvement by non-Federal
entities in the recovery of--
(1)(A) the endangered species of the United States;
(B) the threatened species of the United States; and
(C) the species of the United States that may become
endangered species or threatened species if conservation
actions are not taken to conserve and protect the species; and
(2) the habitats on which the species depend.
SEC. 102. ENDANGERED AND THREATENED SPECIES RECOVERY ASSISTANCE.
(a) In General.--Section 13 of the Endangered Species Act of 1973
(87 Stat. 902) is amended to read as follows:
``SEC. 13. ENDANGERED AND THREATENED SPECIES RECOVERY ASSISTANCE.
``(a) Definitions.--In this section:
``(1) Conservation entity.--
``(A) In general.--The term `conservation entity'
means a nonprofit entity that engages in activities to
conserve or protect fish, wildlife, or plants, or
habitats for fish, wildlife, or plants.
``(B) Inclusions.--The term `conservation entity'
includes--
``(i) a sportsmen's organization;
``(ii) an environmental organization; and
``(iii) a land trust.
``(2) Farm or ranch.--The term `farm or ranch' means an
area where there occurs an activity with respect to which not
less than $1,000 in income is derived from agricultural
production within a census year.
``(3) Small landowner.--The term `small landowner' means--
``(A) an individual who owns land in a State that--
``(i) is used as a farm or ranch; and
``(ii) has an acreage of not more than the
greater of--
``(I) 50 percent of the average
acreage of a farm or ranch in the
State; or
``(II) 160 acres of land; or
``(B) an individual who owns land in a State that--
``(i) is not used as a farm or ranch; and
``(ii) has an acreage of not more than 160
acres.
``(4) Species at risk.--The term `species at risk' means a
species that has been identified by the Secretary of the
Interior and the Secretary of Commerce to be a candidate
species for listing as an endangered species or threatened
species.
``(5) Species recovery agreement.--The term `species
recovery agreement' means an endangered and threatened species
recovery agreement entered into under subsection (c).
``(b) Endangered and Threatened Species Recovery Assistance.--
``(1) Financial assistance.--The Secretary may provide
financial assistance to any person for development and
implementation of an endangered and threatened species recovery
agreement entered into by the Secretary and the person under
subsection (c) and carried out on real property referred to in
subsection (c)(2)(A).
``(2) Priority.--In providing financial assistance under
this subsection, the Secretary shall give priority to the
development and implementation of species recovery agreements
that--
``(A) implement actions identified under recovery
plans approved by the Secretary under section 4(f);
``(B) have the greatest potential for contributing
to the recovery of endangered species, threatened
species, or species at risk;
``(C) benefit multiple endangered species,
threatened species, or species at risk;
``(D) carry out activities specified in State or
local conservation plans; or
``(E) are proposed by small landowners.
``(3) Prohibition on assistance for required activities.--
The Secretary shall not provide financial assistance under this
subsection for any activity that is required--
``(A) by a permit issued under section 10(a)(1)(B);
``(B) by an incidental taking statement provided
under section 7(b)(4) (other than an incidental taking
statement with respect to a species recovery agreement
entered into by the Secretary under subsection (c)); or
``(C) under another provision of this Act, any
Federal lease, permit, or law, or any State lease,
permit, or law.
``(4) Payments under other programs.--
``(A) Other payments not affected.--Financial
assistance provided to a person under this subsection
shall be in addition to, and shall not affect, the
total amount of payments that the person is eligible to
receive under--
``(i) the conservation reserve program
established under subchapter B of chapter 1 of
subtitle D of title XII of the Food Security
Act of 1985 (16 U.S.C. 3831 et seq.);
``(ii) the wetlands reserve program
established under subchapter C of that chapter
(16 U.S.C. 3837 et seq.);
``(iii) the environmental quality
incentives program established under chapter 4
of subtitle D of title XII of the Food Security
Act of 1985 (16 U.S.C. 3839aa et seq.); or
``(iv) the Wildlife Habitat Incentive
Program established under section 387 of the
Federal Agriculture Improvement and Reform Act
of 1996 (16 U.S.C. 3836a).
``(B) Limitation.--A person shall not receive
financial assistance under a species recovery agreement
for any activity for which the person receives a
payment under a program referred to in subparagraph (A)
unless the species recovery agreement imposes on the
person a financial or management obligation in addition
to the obligations of the person under that program.
``(c) Endangered and Threatened Species Recovery Agreements.--
``(1) In general.--In accordance with this subsection, the
Secretary may enter into endangered and threatened species
recovery agreements.
``(2) Required terms.--The Secretary shall include in each
species recovery agreement with a person provisions that--
``(A) require the person--
``(i) to carry out on real property owned
or leased by the person, or on Federal or State
land leased by the person, activities
(including, but not limited to, activities that
make water available, consistent with
applicable State water law (including
regulations); restore and manage habitat; or
control invasive species) that--
``(I) are not required by Federal
or State law; and
``(II) contribute to the recovery
of an endangered species, threatened
species, or species at risk; or
``(ii) to refrain from carrying out on real
property owned or leased by the person
otherwise lawful activities that would inhibit
the recovery of an endangered species,
threatened species, or species at risk,
including, but not limited to, activities that
would result in habitat destruction or
activities that, consistent with applicable
State water law including regulations),
directly reduce the availability of water for
such species;
``(B) describe the real property referred to in
clauses (i) and (ii) of subparagraph (A);
``(C) specify species recovery goals for the
species recovery agreement, and activities for
attaining the goals;
``(D)(i) require the person to make demonstrable
progress in accomplishing the species recovery goals;
and
``(ii) specify a schedule for implementation of the
species recovery agreement;
``(E) specify actions to be taken by the Secretary
or the person to monitor the effectiveness of the
species recovery agreement in attaining the species
recovery goals;
``(F) require the person to notify the Secretary if
any right or obligation of the person under the species
recovery agreement is assigned to any other person;
``(G) require the person to notify the Secretary if
any term of the species recovery agreement is breached;
``(H) specify the date on which the species
recovery agreement takes effect and the period of time
during which the species recovery agreement shall
remain in effect;
``(I) schedule the disbursement of financial
assistance provided under subsection (b) for
implementation of the species recovery agreement, on an
annual or other basis during the period in which the
species recovery agreement is in effect, based on the
schedule for implementation required under subparagraph
(D)(ii); and
``(J) provide that the Secretary shall, subject to
paragraph (4)(C), terminate the species recovery
agreement if the person fails to carry out the species
recovery agreement.
``(3) Review and approval of proposed species recovery
agreements.--On submission by any person of a proposed species
recovery agreement under this subsection, the Secretary shall--
``(A) review the proposed species recovery
agreement and determine whether the species recovery
agreement--
``(i) complies with this subsection; and
``(ii) will contribute to the recovery of
each endangered species, threatened species, or
species at risk that is the subject of the
proposed species recovery agreement;
``(B) propose to the person any additional
provisions that are necessary for the species recovery
agreement to comply with this subsection; and
``(C) if the Secretary determines that the species
recovery agreement complies with this subsection, enter
into the species recovery agreement with the person.
``(4) Monitoring of implementation of species recovery
agreements.--The Secretary shall--
``(A) periodically monitor the implementation of
each species recovery agreement;
``(B) based on the information obtained from the
monitoring, annually or otherwise disburse financial
assistance under this section to implement the species
recovery agreement as the Secretary determines to be
appropriate under the species recovery agreement; and
``(C) if the Secretary determines that the person
is not making demonstrable progress in accomplishing
the species recovery goals specified under paragraph
(2)(C)--
``(i) propose 1 or more modifications to
the species recovery agreement that are
necessary to accomplish the species recovery
goals; or
``(ii) terminate the species recovery
agreement.
``(5) Limitation with respect to federal or state land.--
The Secretary may enter into a species recovery agreement with
a person with respect to Federal or State land only if the
United States or the State, respectively, is a party to the
species recovery agreement.
``(d) Allocation of Funds.--Of the amounts made available to carry
out this section for a fiscal year--
``(1) \1/3\ shall be made available to provide financial
assistance for development and implementation of species
recovery agreements by small landowners, subject to
subparagraphs (A) through (E) of subsection (b)(2);
``(2) \1/3\ shall be made available to provide financial
assistance for development and implementation of species
recovery agreements on public land, subject to subparagraphs
(A) through (D) of subsection (b)(2); and
``(3) \1/3\ shall be made available to provide financial
assistance for development and implementation of species
recovery agreements, subject to subsection (b)(2).
``(e) Limitation on Administrative Expenses.--Of the amounts made
available to carry out this section for a fiscal year, not more than 3
percent may be used to pay administrative expenses incurred in carrying
out this section.''.
(b) Authorization of Appropriations.--Section 15 of the Endangered
Species Act of 1973 (16 U.S.C. 1542) is amended by adding at the end
the following:
``(d) Endangered and Threatened Species Recovery Assistance.--There
is authorized to be appropriated to carry out section 13 $150,000,000
for each of fiscal years 2003 through 2007.''.
(c) Conforming Amendment.--The table of contents in the first
section of the Endangered Species Act of 1973 (16 U.S.C. prec. 1531) is
amended by striking the item relating to section 13 and inserting the
following:
``Sec. 13. Endangered and threatened species recovery assistance.''.
TITLE II--COOPERATIVE REGIONAL CONSERVATION PROGRAM
SEC. 201. COOPERATIVE REGIONAL CONSERVATION PROGRAM.
(a) In General.--The Partnerships for Wildlife Act (16 U.S.C. 3741
et seq.) is amended by adding at the end the following:
``SEC. 7106. COOPERATIVE REGIONAL CONSERVATION PROGRAM.
``(a) Establishment.--In consultation with appropriate State,
regional, and other units of government, the Secretary shall establish
a competitive grant program, to be known as the `Cooperative Regional
Conservation Program' (referred to in this section as the `program'),
to make grants to States or groups of States to pay the Federal share
determined under subsection (c)(4) of the costs of conservation of non-
Federal land or water of regional or national significance. Any water
rights acquired under the program shall be done so in compliance with
the procedural and substantive requirements of the applicable State's
water laws, and all interstate compacts and court decrees that may
affect water or water rights.
``(b) Ranking Criteria.--In selecting among applications for grants
for projects under the program, the Secretary shall--
``(1) rank projects according the extent to which a
proposed project will protect watersheds and important scenic,
cultural, recreational, fish, wildlife, and other ecological
resources; and
``(2) subject to paragraph (1), give preference to proposed
projects--
``(A) that seek to protect ecosystems;
``(B) that are developed in collaboration with
other States;
``(C) with respect to which there has been public
participation in the development of the project
proposal;
``(D) that are supported by communities and
individuals that are located in the immediate vicinity
of the proposed project or that would be directly
affected by the proposed project; or
``(E) that the State considers to be a State
priority.
``(c) Grants to States.--
``(1) Notice of deadline for applications.--The Secretary
shall give reasonable advance notice of each deadline for
submission of applications for grants under the program by
publication of a notice in the Federal Register.
``(2) Submission of applications.--
``(A) In general.--A State or group of States may
submit to the Secretary an application for a grant
under the program.
``(B) Required contents of applications.--Each
application shall include--
``(i) a detailed description of each
proposed project;
``(ii) a detailed analysis of project
costs, including costs associated with--
``(I) planning;
``(II) administration;
``(III) property acquisition; and
``(IV) property management;
``(iii) a statement describing how the
project is of regional or national
significance; and
``(iv) a plan for stewardship of any land
or water, or interest in land or water,
including conservation easements, to be
acquired under the project.
``(3) Selection of grant recipients.--Not later than 90
days after the date of receipt of an application, the Secretary
shall--
``(A) review the application; and
``(B)(i) notify the State or group of States of the
decision of the Secretary on the application; and
``(ii) if the application is denied, provide an
explanation of the reasons for the denial.
``(4) Cost sharing.--The Federal share of the costs of a
project under the program shall be--
``(A) in the case of a project to acquire an
interest in land or water that is not a permanent
conservation easement, not more than 50 percent of the
costs of the project;
``(B) in the case of a project to acquire a
permanent conservation easement, not more than 70
percent of the costs of the project; and
``(C) in the case of a project involving 2 or more
States, not more than 75 percent of the costs of the
project.
``(5) Effect of insufficiency of funds.--If the Secretary
determines that there are insufficient funds available to make
grants with respect to all applications that meet the
requirements of this subsection, the Secretary shall give
priority to those projects that best meet the ranking criteria
established under subsection (b).
``(6) Grants to state of new hampshire.--Notwithstanding
subsection (b) and paragraphs (3) and (5), the Secretary shall
make grants under the program to the State of New Hampshire to
pay the Federal share determined under paragraph (4) of the
costs of acquiring conservation easements with respect to land
or water located in northern New Hampshire and sold by
International Paper to the Trust for Public Land.
``(d) Report.--Not later than 60 days after the end of each fiscal
year, the Secretary shall submit to the Committee on Environment and
Public Works of the Senate and the Committee on Resources of the House
of Representatives a report describing the grants made under this
section, including an analysis of how projects were ranked under
subsection (b).
``(e) Authorization of Appropriations.--There are authorized to be
appropriated--
``(1) to carry out this section (other than subsection
(c)(6)) $50,000,000 for each of fiscal years 2003 through 2007;
and
``(2) to carry out subsection (c)(6) $9,000,000 for the
period of fiscal years 2003 and 2004.''.
(b) Conforming Amendment.--Section 7105(g)(2) of the Partnerships
for Wildlife Act (16 U.S.C. 3744(g)(2)) is amended by striking ``this
chapter'' and inserting ``this section''.
TITLE III--CONSERVATION AND RESTORATION OF SHRUBLAND AND GRASSLAND
SEC. 301. CONSERVATION AND RESTORATION OF SHRUBLAND AND GRASSLAND.
The Partnerships for Wildlife Act (16 U.S.C. 3741 et seq.) (as
amended by section 301(a)) is amended by adding at the end the
following:
``SEC. 7107. CONSERVATION AND RESTORATION OF SHRUBLAND AND GRASSLAND.
``(a) Definitions.--In this section:
``(1) Conservation activity.--The term `conservation
activity' means--
``(A) a project or activity to reduce erosion;
``(B) a prescribed burn;
``(C) the restoration of riparian habitat;
``(D) the control or elimination of invasive or
exotic species;
``(E) the reestablishment of native grasses; and
``(F) any other project or activity that restores
or enhances habitat for endangered species, threatened
species, or species at risk.
``(2) Conservation agreement.--The term `conservation
agreement' means an agreement entered into under subsection
(c).
``(3) Conservation entity.--
``(A) In general.--The term `conservation entity'
means a nonprofit entity that engages in activities to
conserve or protect fish, wildlife, or plants, or
habitats for fish, wildlife, or plants.
``(B) Inclusions.--The term `conservation entity'
includes--
``(i) a sportsmen's organization;
``(ii) an environmental organization; and
``(iii) a land trust.
``(4) Covered land.--The term `covered land' means public
or private--
``(A) natural grassland or shrubland that serves as
habitat for endangered species, threatened species, or
species at risk, as determined by the Secretary; or
``(B) other land that--
``(i) is located in an area that has been
historically dominated by natural grassland or
shrubland; and
``(ii) if restored to natural grassland or
shrubland, would have the potential to serve as
habitat for endangered species, threatened
species, or species at risk, as determined by
the Secretary.
``(5) Endangered species.--The term `endangered species'
has the meaning given the term in section 3 of the Endangered
Species Act of 1973 (16 U.S.C. 1532).
``(6) Permit holder.--The term `permit holder' means an
individual who holds a grazing permit for covered land that is
the subject of a conservation agreement.
``(7) Program.--The term `program' means the conservation
assistance program established under subsection (b).
``(8) Species at risk.--The term `species at risk' means a
species that may become an endangered species or a threatened
species if conservation actions are not taken to conserve and
protect the species.
``(9) Threatened species.--The term `threatened species'
has the meaning given the term in section 3 of the Endangered
Species Act of 1973 (16 U.S.C. 1532).
``(b) Establishment of Program.--As soon as practicable after the
date of enactment of this section, the Secretary shall establish a
conservation assistance program to encourage the conservation and
restoration of covered land.
``(c) Conservation Agreements.--
``(1) In general.--In carrying out the program, the
Secretary shall enter into a conservation agreement with a
landowner, permit holder, or conservation entity with respect
to covered land under which--
``(A) the Secretary shall award a grant to the
landowner, permit holder, or conservation entity; and
``(B) the landowner, permit holder, or conservation
entity shall use the grant to carry out 1 or more
conservation activities on the covered land that is the
subject of the conservation agreement.
``(2) Permitted activities.--
``(A) In general.--Subject to subparagraph (B), a
conservation agreement may permit on the covered land
subject to the conservation agreement--
``(i) operation of a managed grazing
system;
``(ii) haying or mowing (except during the
nesting season for birds);
``(iii) fire rehabilitation; and
``(iv) the construction of fire breaks and
fences.
``(B) Limitation.--An activity described in
subparagraph (A) may be permitted only if the activity
contributes to maintaining the viability of natural
grass and shrub plant communities on the covered land
subject to the conservation agreement.
``(d) Payments Under Other Programs.--
``(1) Other payments not affected.--A grant awarded to a
landowner, permit holder, or conservation entity under this
section shall be in addition to, and shall not affect, the
total amount of payments that the landowner, permit holder, or
conservation entity is eligible to receive under--
``(A) the conservation reserve program established
under subchapter B of chapter 1 of subtitle D of title
XII of the Food Security Act of 1985 (16 U.S.C. 3831 et
seq.);
``(B) the wetlands reserve program established
under subchapter C of that chapter (16 U.S.C. 3837 et
seq.);
``(C) the environmental quality incentives program
established under chapter 4 of subtitle D of title XII
of the Food Security Act of 1985 (16 U.S.C. 3839aa et
seq.); or
``(D) the Wildlife Habitat Incentive Program
established under section 387 of the Federal
Agriculture Improvement and Reform Act of 1996 (16
U.S.C. 3836a).
``(2) Limitation.--A landowner, permit holder, or
conservation entity shall not receive a grant under a
conservation agreement for any activity for which the
landowner, permit holder, or conservation entity receives a
payment under a program referred to in paragraph (1) unless the
conservation agreement imposes on the landowner, permit holder,
or conservation entity a financial or management obligation in
addition to the obligations of the landowner, permit holder, or
conservation entity under that program.
``(e) Prohibition on Assistance for Required Activities.--The
Secretary shall not award a grant under this section for any activity
that is required under Federal or State law.
``(f) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $50,000,000 for each of fiscal
years 2003 through 2007.''.
TITLE IV--CIBOLA NATIONAL WILDLIFE REFUGE, CALIFORNIA
SEC. 401. REVOCATION OF PUBLIC LAND ORDER WITH RESPECT TO LANDS
ERRONEOUSLY INCLUDED IN CIBOLA NATIONAL WILDLIFE REFUGE,
CALIFORNIA.
Public Land Order 3442, dated August 21, 1964, is revoked insofar
as it applies to the following described lands: San Bernardino
Meridian, T11S, R22E, sec. 6, all of lots 1, 16, and 17, and SE\1/4\ of
SW\1/4\ in Imperial County, California, aggregating approximately
140.32 acres.
SEC. 402. RESURVEY AND NOTICE OF MODIFIED BOUNDARIES.
The Secretary of the Interior shall, by not later than 6 months
after the date of the enactment of this Act--
(1) resurvey the boundaries of the Cibola National Wildlife
Refuge, as modified by the revocation under section 401;
(2) publish notice of, and post conspicuous signs marking,
the boundaries of the refuge determined in such resurvey; and
(3) prepare and publish a map showing the boundaries of the
refuge.
TITLE V--NUTRIA ERADICATION OR CONTROL
SEC. 501. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds the following:
(1) Wetlands and tidal marshes of the Chesapeake Bay and in
Louisiana provide significant cultural, economic, and
ecological benefits to the Nation.
(2) The South American nutria (Myocastor coypus) is
directly contributing to substantial marsh loss in Maryland and
Louisiana on Federal, State, and private land.
(3) Traditional harvest methods to control or eradicate
nutria have failed in Maryland and have had limited success in
the eradication of nutria in Louisiana. Consequently, marsh
loss is accelerating.
(4) The nutria eradication and control pilot program
authorized by Public Law 105-322 is to develop new and
effective methods for eradication of nutria.
(b) Purpose.--The purpose of this title is to authorize the
Secretary of the Interior to provide financial assistance to the State
of Maryland and the State of Louisiana for a program to implement
measures to eradicate or control nutria and restore marshland damaged
by nutria.
SEC. 502. NUTRIA ERADICATION PROGRAM.
(a) Grant Authority.--The Secretary of the Interior (in this title
referred to as the ``Secretary''), subject to the availability of
appropriations, may provide financial assistance to the State of
Maryland and the State of Louisiana for a program to implement measures
to eradicate or control nutria and restore marshland damaged by nutria.
(b) Goals.--The goals of the program shall be to--
(1) eradicate nutria in Maryland;
(2) eradicate or control nutria in Louisiana and other
States; and
(3) restore marshland damaged by nutria.
(c) Activities.--In the State of Maryland, the Secretary shall
require that the program consist of management, research, and public
education activities carried out in accordance with the document
published by the United States Fish and Wildlife Service entitled
``Eradication Strategies for Nutria in the Chesapeake and Delaware Bay
Watersheds'', dated March 2002.
(d) Cost Sharing.--
(1) Federal share.--The Federal share of the costs of the
program may not exceed 75 percent of the total costs of the
program.
(2) In-kind contributions.--The non-Federal share of the
costs of the program may be provided in the form of in-kind
contributions of materials or services.
(e) Limitation on Administrative Expenses.--Not more than 5 percent
of financial assistance provided by the Secretary under this section
may be used for administrative expenses.
(f) Authorization of Appropriations.--For financial assistance
under this section, there is authorized to be appropriated to the
Secretary $4,000,000 for the State of Maryland program and $2,000,000
for the State of Louisiana program for each of fiscal years 2003, 2004,
2005, 2006, and 2007.
SEC. 503. REPORT.
No later than 6 months after the date of the enactment of this Act,
the Secretary and the National Invasive Species Council shall--
(1) give consideration to the 2002 report for the Louisiana
Department of Wildlife and Fisheries titled ``Nutria in
Louisiana'', and the 2002 document entitled ``Eradication
Strategies for Nutria in the Chesapeake and Delaware Bay
Watersheds''; and
(2) develop, in cooperation with the State of Louisiana
Department of Wildlife and Fisheries and the State of Maryland
Department of Natural Resources, a long-term nutria control or
eradication program, as appropriate, with the objective to
significantly reduce and restore the damage nutria cause to
coastal wetlands in the States of Louisiana and Maryland.
TITLE VI--ACQUISITION OF GARRETT ISLAND, MARYLAND
SEC. 601. SHORT TITLE.
This title may be cited as the ``Blackwater National Wildlife
Refuge Expansion Act''.
SEC. 602. FINDINGS.
The Congress finds the following:
(1) Garrett Island, located at the mouth of the Susquehanna
River in Cecil County, Maryland, is a microcosm of the geology
and geography of the region, including hard rock piedmont,
coastal plain, and volcanic formations.
(2) Garrett Island is the only rocky island in the tidal
waters of the Chesapeake.
(3) Garrett Island and adjacent waters provide high-quality
habitat for bird and fish species.
(4) Garrett Island contains significant archeological sites
reflecting human history and prehistory of the region.
SEC. 603. AUTHORITY TO ACQUIRE PROPERTY FOR INCLUSION IN THE BLACKWATER
NATIONAL WILDLIFE REFUGE.
(a) Acquisition.--The Secretary of the Interior may use otherwise
available amounts to acquire the area known as Garrett Island,
consisting of approximately 198 acres located at the mouth of the
Susquehanna River in Cecil County, Maryland.
(b) Administration.--Lands and interests acquired by the United
States under this section shall be managed by the Secretary as the
Garrett Island Unit of the Blackwater National Wildlife Refuge.
(c) Purposes.--The purposes for which the Garrett Island Unit is
established and shall be managed are the following:
(1) To support the Delmarva Conservation Corridor
Demonstration Program.
(2) To conserve, restore, and manage habitats as necessary
to contribute to the migratory bird populations prevalent in
the Atlantic Flyway.
(3) To conserve, restore, and manage the significant
aquatic resource values associated with submerged land adjacent
to the unit and to achieve the habitat objectives of the
agreement known as the Chesapeake 2000 Agreement.
(4) To conserve the archeological resources on the unit.
(5) To provide public access to the unit in a manner that
does not adversely impact natural resources on and around the
unit.
TITLE VII--OTTAWA NATIONAL WILDLIFE REFUGE COMPLEX EXPANSION
SEC. 701. SHORT TITLE.
This title may be cited as the ``Ottawa National Wildlife Refuge
Complex Expansion and Detroit River International Wildlife Refuge
Expansion Act''.
SEC. 702. FINDINGS.
The Congress finds the following:
(1) The western basin of Lake Erie, as part of the Great
Lakes ecosystem, the largest freshwater ecosystem on the face
of the Earth, is vitally important to the economic and
environmental future of the United States.
(2) Over the past three decades, the citizens and
governmental institutions of both the United States and Canada
have devoted increasing attention and resources to the
restoration of the water quality and fisheries of the Great
Lakes, including the western basin. This increased awareness
has been accompanied by a gradual shift to a holistic
``ecosystem approach'' that highlights a growing recognition
that shoreline areas--the nearshore terrestrial ecosystems--are
an integral part of the western basin and the Great Lakes
ecosystem as a whole.
(3) The Great Lakes account for more than 90 percent of the
surface freshwater in the nation. The western basin receives
approximately 90 percent of its flow from the Detroit River and
only approximately 10 percent from tributaries.
(4) The western basin of Lake Erie is an important
ecosystem that includes a number of distinct islands, channels,
rivers, and shoals that support dense populations of fish,
wildlife, and aquatic plants.
(5) The coastal wetlands of Lake Erie support the largest
diversity of plant and wildlife species in the Great Lakes. The
moderate climate of Lake Erie and its more southern latitude
allow for many species that are not found in or along the
northern Great Lakes. More than 300 species of plants,
including 37 significant species, have been identified in the
aquatic and wetland habitats of the western basin.
(6) The shallow western basin of Lake Erie, from the Lower
Detroit River to Sandusky Bay, is home to the largest
concentration of marshes in Lake Erie, including Mouille,
Metzger, and Magee marshes, the Maumee Bay wetland complex, the
wetland complexes flanking Locust Point, and the wetlands in
Sandusky Bay. The larger United States islands in western Lake
Erie have wetlands in their small embayments.
(7) The wetlands in the western basin of Lake Erie comprise
as some of the most important waterfowl habitat in the Great
Lakes. Waterfowl, wading birds, shore birds, gulls and terns,
raptors, and perching birds all use the western basin wetlands
for migration, nesting, and feeding. Hundreds of thousands of
diving ducks stop to rest in the Lake Erie area on their fall
migration from Canada to the east and south. The wetlands of
the western basin of Lake Erie provide a major stopover for
ducks such as migrating bufflehead, common goldeneye, common
mergansers, and ruddy duck.
(8) The international importance of Lake Erie is manifested
in the United States congressional designation of the Ottawa
and Cedar Point National Wildlife Refuges.
(9) Lake Erie has an international reputation for walleye,
perch, and bass fishing, recreational boating, birding,
photography, and duck hunting. On an economic basis, Lake Erie
tourism accounts for an estimated $1,500,000,000 in retail
sales and more than 50,000 jobs.
(10) Many of the 417,000 boats that are registered in Ohio
are used in the western basin of Lake Erie, in part to fish for
the estimated 10,000,000 walleye that migrate from other areas
of the lake to spawn. This internationally renowned walleye
fishery drives much of Ohio's $2,000,000,000 sport fishing
industry.
(11) Coastal wetlands in the western basin of Lake Erie
have been subjected to intense pressure for 150 years. Prior to
1850, the western basin was part of an extensive coastal marsh
and swamp system of approximately 122,000 hectares that
comprised a portion of the Great Black Swamp. By 1951, only
12,407 wetland hectares remained in the western basin. Half of
that acreage was destroyed between 1972 and 1987. Therefore,
today only approximately 5,000 hectares remain. Along the
Michigan shoreline, coastal wetlands were reduced by 62 percent
between 1916 and the early 1970s. The development of the city
of Monroe, Michigan, has had a particularly significant impact
on the coastal wetlands at the mouth of the Raisin River: only
approximately 100 hectares remain physically unaltered today in
an area where 70 years ago marshes were 10 times more
extensive. In addition to the actual loss of coastal wetland
acreage along the shores of Lake Erie, the quality of many
remaining diked wetlands has been degraded by numerous
stressors, especially excessive loadings of sediments and
nutrients, contaminants, shoreline modification, exotic
species, and the diking of wetlands. Protective peninsula beach
systems, such as the former Bay Point and Woodtick, at the
border of Ohio and Michigan near the mouth of the Ottawa River
and Maumee Bay, have been eroded over the years, exacerbating
erosion along the shorelines and impacting the breeding and
spawning grounds.
SEC. 703. DEFINITIONS.
For purposes of this title:
(1) The term ``Refuge Complex'' means the Ottawa National
Wildlife Refuge Complex and the lands and waters therein, as
described in the document entitled ``The Comprehensive
Conservation Plan for the Ottawa National Wildlife Refuge
Complex'' and dated September 22, 2000, including Ottawa
National Wildlife Refuge, West Sister Island National Wildlife
Refuge, and Cedar Point National Wildlife Refuge.
(2) The term ``Secretary'' means the Secretary of the
Interior.
(3) The term ``International Refuge'' means the Detroit
River International Wildlife Refuge established by the Detroit
River International Wildlife Refuge Establishment Act (Public
Law 107-91).
SEC. 704. EXPANSION OF BOUNDARIES.
(a) Refuge Complex Boundaries.--
(1) Expansion.--The boundaries of the Refuge Complex are
expanded to include lands and waters in the State of Ohio from
the eastern boundary of Maumee Bay State Park to the eastern
boundary of the Darby Unit, including the Bass Island
archipelago, as depicted on the map entitled ``Ottawa National
Wildlife Refuge Complex Expansion and Detroit River
International Wildlife Refuge Complex Expansion Act'' dated
September 6, 2002.
(2) Boundary revisions.--The Secretary may make such
revisions to the boundaries of the Refuge Complex as may be
appropriate to carry out the purposes of the Refuge Complex or
to facilitate the acquisition of property within the Refuge
Complex.
(b) International Refuge Boundaries.--The southern boundary of the
International Refuge is extended south to include additional lands and
waters in the State of Michigan east of Interstate Highway 75 from the
southern boundary of Sterling State Park to the Ohio State boundary, as
depicted on the map referred to in subsection (a)(1).
(c) Availability of Map.--The Secretary shall keep the map referred
to in subsection (a)(1) available for inspection in appropriate offices
of the United States Fish and Wildlife Service.
SEC. 705. ACQUISITION AND TRANSFER OF LANDS FOR REFUGE COMPLEX.
(a) Acquisitions.--The Secretary may acquire by donation, purchase
with donated or appropriated funds, or exchange the lands and waters,
or interests therein (including conservation easements), within the
boundaries of the Refuge Complex as expanded by this title. No such
lands, waters, or interests therein may be acquired without the consent
of the owner thereof.
(b) Transfers From Other Agencies.--Any Federal property located
within the boundaries of the Refuge Complex, as expanded by this title,
that is under the administrative jurisdiction of a department or agency
of the United States other than the Department of the Interior may,
with the concurrence of the head of administering department or agency,
be transferred without consideration to the administrative jurisdiction
of the Secretary for the purposes of this title.
SEC. 706. ADMINISTRATION OF REFUGE COMPLEX.
(a) In General.--The Secretary shall administer all federally owned
lands, waters, and interests therein that are within the boundaries of
the Refuge Complex, as expanded by this title, in accordance with the
National Wildlife Refuge System Administration Act of 1966 (16 U.S.C.
668dd et seq.) and this title. The Secretary may use such additional
statutory authority as may be available for the conservation of fish
and wildlife, and the provision of fish and wildlife dependent
recreational opportunities as the Secretary considers appropriate to
implement this title.
(b) Additional Purposes.--In addition to the purposes of the Refuge
Complex under other laws, regulations, executive orders, and
comprehensive conservation plans, the Refuge Complex shall be managed
for the following purposes:
(1) To strengthen and complement existing resource
management, conservation, and education programs and activities
at the Refuge Complex in a manner consistent with the primary
purpose of the Refuge Complex to provide major resting,
feeding, and wintering habitats for migratory birds and other
wildlife, and to enhance national resource conservation and
management in the western basin of Lake Erie.
(2) To conserve, enhance, and restore the native aquatic
and terrestrial community characteristics of the western basin
of Lake Erie (including associated fish, wildlife, and plant
species), both in the United States and Canada in partnership
with nongovernmental and private organizations, as well as
private individuals dedicated to habitat enhancement.
(3) To facilitate partnerships among the United States Fish
and Wildlife Service, Canadian national and provincial
authorities, State and local governments, local communities in
the United States and in Canada, conservation organizations,
and other non-Federal entities to promote public awareness of
the resources of the western basin of Lake Erie.
(4) To advance the collective goals and priorities
established in the ``Great Lakes Strategy 2002--A Plan for the
New Millennium'', by the United States Policy Committee
comprised of various Federal agencies, including the United
States Fish and Wildlife Service, the National Oceanic and
Atmospheric Administration, the United States Geological
Survey, the Forest Service, and the Great Lakes Fishery
Commission, as well as the State governments and tribal
governments in the Great Lakes. These goals, broadly stated,
include working together to protect and restore the chemical,
physical, and biological integrity of the Great Lakes basin
ecosystem.
(c) Priority Uses.--In providing opportunities for compatible fish
and wildlife dependent recreation, the Secretary, in accordance with
paragraphs (3) and (4) of section 4(a) of the National Wildlife Refuge
System Administration Act of 1966 (16 U.S.C. 668dd(a)), shall ensure
that hunting, fishing, wildlife observation and photography, and
environmental education and interpretation are the priority public uses
of the Refuge Complex.
(d) Cooperative Agreements Regarding Non-Federal Lands.--The
Secretary may enter into cooperative agreements with the State of Ohio
or the State of Michigan, or any political subdivision thereof, and
with any other person or entity for the management in a manner
consistent with this title of lands that are owned by such State,
subdivision, or other person or entity and located within the
boundaries of the Refuge Complex and to promote public awareness of the
resources of the western basin of Lake Erie and encourage public
participation in the conservation of those resources.
(e) Use of Existing Greenway Authority.--The Secretary shall
encourage the State of Ohio to use existing authorities under the
Transportation Equity Act for the 21st Century to provide funding for
acquisition and development of trails within the boundaries of the
Refuge Complex.
SEC. 707. STUDY OF ASSOCIATED AREA.
(a) In General.--The Secretary, acting through the Director of the
United States Fish and Wildlife Service, shall conduct a study of fish
and wildlife habitat and aquatic and terrestrial communities of the 2
dredge spoil disposal sites referred to by the Toledo-Lucas County Port
Authority as Port Authority Facility Number Three and Grassy Island,
located within Toledo Harbor near the mouth of the Maumee River.
(b) Report.--Not later than 18 months after the date of the
enactment of the Act, the Secretary shall complete such study and
submit a report containing the results thereof to the Congress.
SEC. 708. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Department of the
Interior--
(1) such sums as may be necessary for the acquisition of
lands and waters within the Refuge Complex;
(2) such sums as may be necessary for the development,
operation, and maintenance of the Refuge Complex; and
(3) such sums as may be necessary to carry out the study
under section 707.
TITLE VIII--BEAR RIVER MIGRATORY BIRD REFUGE CLAIMS SETTLEMENT
SEC. 801. SHORT TITLE.
This title may be cited as the ``Bear River Migratory Bird Refuge
Settlement Act of 2002''.
SEC. 802. FINDINGS.
The Congress finds the following:
(1) The Secretary of the Interior and the State of Utah
have negotiated a preliminary agreement concerning the
ownership of lands within the Bear River Migratory Bird Refuge
located in Bear River Bay of the Great Salt Lake, Utah.
(2) The State is entitled to ownership of those sovereign
lands constituting the bed of the Great Salt Lake, and,
generally, the location of the sovereign lands boundary was set
by an official survey of the Great Salt Lake meander line.
(3) The establishment of the Refuge in 1928 along the shore
of the Great Salt Lake, and lack of a meander line survey
within the Refuge, has led to uncertainty of ownership of some
those sovereign lands.
(4) In order to settle the uncertainty concerning the
sovereign land boundary caused by the gap in the surveyed Great
Salt Lake meander line within the Refuge, the Secretary and the
State have agreed to the establishment of a fixed sovereign
land boundary along the southern boundary of the Refuge and the
State has agreed to release any claim to the lake bed above
such boundary line.
(5) The Secretary and the State have expressed their
intentions to establish a mutually agreed upon procedure to
address the conflicting claims to ownership of the lands and
interests in land within the Refuge.
SEC. 803. DEFINITIONS.
In this title:
(1) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(2) Refuge.--The term ``Refuge'' means the Bear River
Migratory Bird Refuge located in Bear River Bay of the Great
Salt Lake, Utah.
(3) Agreement.--The term ``agreement'' means the agreement
to be signed by the Secretary and the State to establish a
mutually agreeable procedure for addressing the conflicting
claims to ownership of the lands and interests in land within
the Refuge.
(4) State.--The term ``State'' means the State of Utah.
SEC. 804. REQUIRED TERMS OF LAND CLAIMS SETTLEMENT, BEAR RIVER
MIGRATORY BIRD REFUGE, UTAH.
(a) Specific Terms Required in Agreement.--The Secretary shall not
enter into an agreement with the State for the quitclaim or other
transfer of lands or interests in lands within the Refuge unless the
terms of the agreement include each of the following provisions:
(1) Nothing in the agreement shall be construed to impose
upon the State or any of agency of the State any obligation to
convey to the United States any interest in water owned or
controlled by the State, except upon appropriate terms and for
adequate consideration.
(2) Nothing in the agreement shall constitute admission or
denial of the United States claim to a Federal reserved water
right.
(3) The State shall support the United States application
to add an enlarged Hyrum Reservoir, or another storage
facility, as an alternate place of storage under the Refuge's
existing 1000 cubic feet per second State certified water
right. Such support shall be contingent upon demonstration by
the United States that no injury to water rights shall occur as
a result of the addition.
(4) Nothing in the agreement shall affect jurisdiction by
the State or the United States Fish and Wildlife Service over
wildlife resources management, including fishing, hunting and
trapping, within the Refuge.
(5) If the State elects to bring suit against the United
States challenging the validity of the deed issued pursuant to
the agreement, and if such suit is successful in invalidating
such deed, the State will--
(A) pay the United States for the fair market value
of all real property improvements on the property at
the time of invalidation, such as dikes, water control
structures and buildings;
(B) repay any amounts paid by the United States
because of ownership of the land by the United States
from the date of establishment of the Refuge, such as
payments in lieu of taxes; and
(C) repay any amounts paid to the State pursuant to
the agreement.
(6) Subject to the availability of funds for this purpose,
the Secretary shall agree to pay $15,000,000 to the State upon
delivery by the State of a quitclaim deed that meets all
applicable standards of the Department of Justice and covers
all lands and interests in lands claimed by the State within
the Refuge. Such payment shall be subject to the condition that
the State use the payment for the purposes, and in the amounts,
specified in subsections (b) and (c).
(b) Wetlands and Wildlife Protection Programs.--
(1) Deposit.--The State shall deposit $10,000,000 of the
amount paid pursuant to the agreement, as required by
subsection (a)(6), in a restricted account, known as the
Wetlands and Habitat Protection Account, to be used as provided
in paragraph (2).
(2) Authorized uses.--The Executive Director of the Utah
Department of Natural Resources may withdraw from the Wetlands
and Habitat Protection Account, on an annual basis, amounts
equal to the interest earned on the amount deposited under
paragraph (1) for the following purposes:
(A) Wetland or open space protection in and near
the Great Salt Lake.
(B) Enhancement and acquisition of wildlife habitat
in and near the Great Salt Lake.
(c) Recreational Trails Development.--The Utah Department of
Natural Resources shall use $5,000,000 of the amount paid pursuant to
the agreement, as required by subsection (a)(6), as follows:
(1) $2,000,000 for the development, improvement, and
expansion of the James V. Hansen Shoshone Trail.
(2) $1,000,000 for the development, improvement, and
expansion of the Ogden-Weber Trail System.
(3) $1,000,000 for the non-motorized trails program managed
by the Utah State Division of Parks and Recreation.
(4) $1,000,000 for the preservation, reclamation,
enhancement, and conservation of streams in the State of Utah.
(d) Coordination of Projects.--The Executive Director of the Utah
Department of Natural Resources shall seek to maximize the use of funds
under subsections (b) and (c) through coordination with nonprofit
organizations, Federal agencies, other agencies of the State, and local
governments, and shall give priority to those projects under such
subsections that include Federal, State, or private matching funds.
(e) Authorization of Appropriations.--There is authorized to be
appropriated $15,000,000 for the payment required by subsection (a)(6)
to be included as a term of the agreement.
TITLE IX--EDUCATION AND ADMINISTRATIVE CENTER AT BEAR RIVER MIGRATORY
BIRD REFUGE, UTAH
SEC. 901. SHORT TITLE.
This title may be cited as the ``Bear River Migratory Bird Refuge
Visitor Center Act''.
SEC. 902. FINDINGS.
The Congress finds the following:
(1) The Bear River marshes have been a historical waterfowl
oasis and an important inland waterfowl flyway for thousands of
years.
(2) The Congress created the Bear River Migratory Bird
Refuge as one of the first National Wildlife Refuges, for the
purpose of protecting waterfowl habitat and migratory birds,
educating the public regarding, and enhancing public
appreciation of, waterfowl habitat and migratory birds.
(3) The Bear River Migratory Bird Refuge was virtually
destroyed by devastating floods that occurred between 1983 and
1985.
(4) Refuge employees, aided by volunteers, have taken
valiant actions to rebuild the Refuge by restoring habitat,
increasing its attractiveness to waterfowl, reducing waterfowl
botulism, and providing recreational and educational
opportunities to the public.
(5) The Bear River Migratory Bird Refuge lacks a functional
education and administrative center.
(6) The creation of such a facility would significantly
enhance public appreciation of waterfowl and the need to
preserve waterfowl habitat.
(7) The Congress has taken significant steps to provide
funding for the construction of an education and administrative
center.
SEC. 903. DEFINITIONS.
For the purpose of this title, the following definitions apply:
(1) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(2) Refuge.--The term ``Refuge'' means the Bear River
Migratory Bird Refuge in Box Elder County, Utah.
(3) Education and administrative center.--The term
``Education and Administrative Center'' means the facility
identified in the Environmental Assessment dated 1991 and
entitled ``Restoration and Expansion of the Bear River
Migratory Bird Refuge''.
SEC. 904. AUTHORIZATION OF CONSTRUCTION OF THE EDUCATION CENTER.
(a) Construction.--The Secretary shall construct the Education and
Administrative Center at the Refuge for the purposes of providing for
the interpretation of resources of the Refuge for the education and
benefit of the public, for the advancement of research, protection, and
health of waterfowl habitat, and for the administration of the Bear
River Migratory Bird Refuge.
(b) Authorization of Appropriations.--There is authorized to be
appropriated $11,000,000 to carry out subsection (a).
SEC. 905. MATCHING CONTRIBUTIONS REQUIREMENTS.
(a) Donation of Funds and Services.--The Secretary may accept
donations of funds and services from nonprofit organizations, State and
local governments, and private citizens for the construction of the
Education and Administrative Center.
(b) Matching Funds.--The Secretary may not require matching funds
or contributions in kind with a combined total value of more than
$1,500,000 for construction of the Education and Administrative Center.
TITLE X--ACCOKEEK CREEK NATIONAL WILDLIFE REFUGE
SEC. 1001. ACCOKEEK CREEK NATIONAL WILDLIFE REFUGE ESTABLISHMENT.
(a) Short Title.--This title may be cited as the ``Accokeek Creek
National Wildlife Refuge Establishment Act''.
(b) Establishment.--The Secretary of the Interior (in this section
referred to as the ``Secretary'') shall establish the Accokeek Creek
National Wildlife Refuge. The refuge shall consist of any lands and
waters owned or managed by the Secretary and located within the refuge
acquisition boundary depicted on a map entitled ``Accokeek Creek
National Wildlife Refuge, Land Acquisition Boundary, Stafford County,
Virginia'' and dated August 2000.
(c) Purposes.--The purposes for which the Refuge is established are
the following:
(1) To provide long-term protection of ecologically unique
habitats of the peninsula between Accokeek and Potomac Creeks
in Stafford County, Virginia, known as the Crow's Nest, and
certain adjacent property that supports numerous species of
neotropical migratory birds, waterfowl, and sport and
commercial fish, and numerous rare and endangered plant
species.
(2) To provide appropriate public access to, and compatible
fish and wildlife dependent recreation in, the Refuge.
(d) Acquisition.--
(1) In general.--(A) The Secretary may acquire by donation,
purchase with donated or appropriated funds, or exchange the
lands and waters, or interests therein (including conservation
easements), within the boundaries of the Refuge.
(B) No such lands, waters, or interests therein may be
acquired without the consent of the owner thereof.
(2) Transfers from other agencies.--The head of any Federal
agency having administrative jurisdiction over Federal property
located within the boundaries of the Refuge may, with the
approval of the Secretary, transfer such property without
consideration to the administrative jurisdiction of the
Secretary for inclusion in the Refuge.
(e) Administration.--
(1) In general.--The Secretary shall administer all
federally owned lands, waters, and interests therein that are
within the boundaries of the Refuge in accordance with the
National Wildlife Refuge System Administration Act of 1966 (16
U.S.C. 668dd et seq.) and this section. The Secretary may use
such additional statutory authority as may be available for the
conservation of fish and wildlife, and the provision of fish
and wildlife dependent recreational opportunities, as the
Secretary considers appropriate to carry out the purposes
described in subsection (c).
(2) Priority uses.--In providing opportunities for
compatible fish and wildlife dependent recreation, the
Secretary, in accordance with paragraphs (3) and (4) of section
4(a) of the National Wildlife Refuge System Administration Act
of 1966 (16 U.S.C. 668dd(a)), shall ensure that hunting,
fishing, wildlife observation and photography, and
environmental education and interpretation are the priority
public uses of the Refuge.
TITLE XI--MISCELLANEOUS
SEC. 1101. AMENDMENTS TO THE NATIONAL FISH AND WILDLIFE FOUNDATION
ESTABLISHMENT ACT.
(a) Requirement To Notify Congress Regarding Grants.--Section 4(i)
of the National Fish and Wildlife Foundation Establishment Act (16
U.S.C. 3703(i)) is amended byadding ``in excess of $5,000'' after ``a
grant of funds''.
(b) Matching Contributions by Subrecipients.--Section 10(a)(3) of
the National Fish and Wildlife Foundation Establishment Act (16 U.S.C.
3709(a)(3)) is amended by adding ``or subrecipient'' after ``made to
the Foundation''.
TITLE XII--MARINE TURTLE CONSERVATION
SEC. 1201. SHORT TITLE.
This title may be cited as the ``Marine Turtle Conservation Act of
2002''.
SEC. 1202. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds that--
(1) marine turtle populations have declined to the point
that the long-term survival of the loggerhead, green,
hawksbill, Kemp's ridley, olive ridley, and leatherback turtle
in the wild is in serious jeopardy;
(2) 6 of the 7 recognized species of marine turtles are
listed as threatened or endangered species under the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.), and all 7 species
have been included in Appendix I of CITES;
(3) because marine turtles are long-lived, late-maturing,
and highly migratory, marine turtles are particularly
vulnerable to the impacts of human exploitation and habitat
loss;
(4) illegal international trade seriously threatens wild
populations of some marine turtle species, particularly the
hawksbill turtle;
(5) the challenges facing marine turtles are immense, and
the resources available have not been sufficient to cope with
the continued loss of nesting habitats caused by human
activities and the consequent diminution of marine turtle
populations;
(6) because marine turtles are flagship species for the
ecosystems in which marine turtles are found, sustaining
healthy populations of marine turtles provides benefits to many
other species of wildlife, including many other threatened or
endangered species;
(7) marine turtles are important components of the
ecosystems that they inhabit, and studies of wild populations
of marine turtles have provided important biological insights;
(8) changes in marine turtle populations are most reliably
indicated by changes in the numbers of nests and nesting
females; and
(9) the reduction, removal, or other effective addressing
of the threats to the long-term viability of populations of
marine turtles will require the joint commitment and effort
of--
(A) countries that have within their boundaries
marine turtle nesting habitats; and
(B) persons with expertise in the conservation of
marine turtles.
(b) Purpose.--The purpose of this title is to assist in the
conservation of marine turtles and the nesting habitats of marine
turtles in foreign countries by supporting and providing financial
resources for projects to conserve the nesting habitats, conserve
marine turtles in those habitats, and address other threats to the
survival of marine turtles.
SEC. 1203. DEFINITIONS.
In this title:
(1) CITES.--The term ``CITES'' means the Convention on
International Trade in Endangered Species of Wild Fauna and
Flora (27 UST 1087; TIAS 8249).
(2) Conservation.--The term ``conservation'' means the use
of all methods and procedures necessary to protect nesting
habitats of marine turtles in foreign countries and of marine
turtles in those habitats, including--
(A) protection, restoration, acquisition, and
management of nesting habitats;
(B) onsite research and monitoring of nesting
populations, nesting habitats, annual reproduction, and
species population trends;
(C) assistance in the development, implementation,
and improvement of national and regional management
plans for nesting habitat ranges;
(D) enforcement and implementation of CITES and
laws of foreign countries to--
(i) protect and manage nesting populations
and nesting habitats; and
(ii) prevent illegal trade of marine
turtles;
(E) training of local law enforcement officials in
the interdiction and prevention of--
(i) the illegal killing of marine turtles
on nesting habitat; and
(ii) illegal trade in marine turtles;
(F) initiatives to resolve conflicts between humans
and marine turtles over habitat used by marine turtles
for nesting;
(G) community outreach and education; and
(H) strengthening of the ability of local
communities to implement nesting population and nesting
habitat conservation programs.
(3) Fund.--The term ``Fund'' means the Marine Turtle
Conservation Fund established by section 1205.
(4) Marine turtle.--
(A) In general.--The term ``marine turtle'' means
any member of the family Cheloniidae or Dermochelyidae.
(B) Inclusions.--The term ``marine turtle''
includes--
(i) any part, product, egg, or offspring of
a turtle described in subparagraph (A); and
(ii) a carcass of such a turtle.
(5) Multinational species conservation fund.--The term
``Multinational Species Conservation Fund'' means the fund
established under the heading ``multinational species
conservation fund'' in title I of the Department of the
Interior and Related Agencies Appropriations Act, 1999 (16
U.S.C. 4246).
(6) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 1204. MARINE TURTLE CONSERVATION ASSISTANCE.
(a) In General.--Subject to the availability of funds and in
consultation with other Federal officials, the Secretary shall use
amounts in the Fund to provide financial assistance for projects for
the conservation of marine turtles for which project proposals are
approved by the Secretary in accordance with this section.
(b) Project Proposals.--
(1) Eligible applicants.--A proposal for a project for the
conservation of marine turtles may be submitted to the
Secretary by--
(A) any wildlife management authority of a foreign
country that has within its boundaries marine turtle
nesting habitat if the activities of the authority
directly or indirectly affect marine turtle
conservation; or
(B) any other person or group with the demonstrated
expertise required for the conservation of marine
turtles.
(2) Required elements.--A project proposal shall include--
(A) a statement of the purposes of the project;
(B) the name of the individual with overall
responsibility for the project;
(C) a description of the qualifications of the
individuals that will conduct the project;
(D) a description of--
(i) methods for project implementation and
outcome assessment;
(ii) staff and community management for the
project; and
(iii) the logistics of the project;
(E) an estimate of the funds and time required to
complete the project;
(F) evidence of support for the project by
appropriate governmental entities of the countries in
which the project will be conducted, if the Secretary
determines that such support is required for the
success of the project;
(G) information regarding the source and amount of
matching funding available for the project; and
(H) any other information that the Secretary
considers to be necessary for evaluating the
eligibility of the project for funding under this
title.
(c) Project Review and Approval.--
(1) In general.--The Secretary shall--
(A) not later than 30 days after receiving a
project proposal, provide a copy of the proposal to
other Federal officials, as appropriate; and
(B) review each project proposal in a timely manner
to determine whether the proposal meets the criteria
specified in subsection (d).
(2) Consultation; approval or disapproval.--Not later than
180 days after receiving a project proposal, and subject to the
availability of funds, the Secretary, after consulting with
other Federal officials, as appropriate, shall--
(A) consult on the proposal with the government of
each country in which the project is to be conducted;
(B) after taking into consideration any comments
resulting from the consultation, approve or disapprove
the project proposal; and
(C) provide written notification of the approval or
disapproval to the person that submitted the project
proposal, other Federal officials, and each country
described in subparagraph (A).
(d) Criteria for Approval.--The Secretary may approve a project
proposal under this section if the project will help recover and
sustain viable populations of marine turtles in the wild by assisting
efforts in foreign countries to implement marine turtle conservation
programs.
(e) Project Sustainability.--To the maximum extent practicable, in
determining whether to approve project proposals under this section,
the Secretary shall give preference to conservation projects that are
designed to ensure effective, long-term conservation of marine turtles
and their nesting habitats.
(f) Matching Funds.--In determining whether to approve project
proposals under this section, the Secretary shall give preference to
projects for which matching funds are available.
(g) Project Reporting.--
(1) In general.--Each person that receives assistance under
this section for a project shall submit to the Secretary
periodic reports (at such intervals as the Secretary may
require) that include all information that the Secretary, after
consultation with other government officials, determines is
necessary to evaluate the progress and success of the project
for the purposes of ensuring positive results, assessing
problems, and fostering improvements.
(2) Availability to the public.--Reports under paragraph
(1), and any other documents relating to projects for which
financial assistance is provided under this title, shall be
made available to the public.
SEC. 1205. MARINE TURTLE CONSERVATION FUND.
(a) Establishment.--There is established in the Multinational
Species Conservation Fund a separate account to be known as the
``Marine Turtle Conservation Fund'', consisting of--
(1) amounts transferred to the Secretary of the Treasury
for deposit into the Fund under subsection (e);
(2) amounts appropriated to the Fund under section 1206;
and
(3) any interest earned on investment of amounts in the
Fund under subsection (c).
(b) Expenditures From Fund.--
(1) In general.--Subject to paragraph (2), on request by
the Secretary, the Secretary of the Treasury shall transfer
from the Fund to the Secretary, without further appropriation,
such amounts as the Secretary determines are necessary to carry
out section 1204.
(2) Administrative expenses.--Of the amounts in the account
available for each fiscal year, the Secretary may expand not
more than 3 percent, or up to $80,000, whichever is greater, to
pay the administrative expenses necessary to carry out this
title.
(c) Investment of Amounts.--
(1) In general.--The Secretary of the Treasury shall invest
such portion of the Fund as is not, in the judgment of the
Secretary of the Treasury, required to meet current
withdrawals. Investments may be made only in interest-bearing
obligations of the United States.
(2) Acquisition of obligations.--For the purpose of
investments under paragraph (1), obligations may be acquired--
(A) on original issue at the issue price; or
(B) by purchase of outstanding obligations at the
market price.
(3) Sale of obligations.--Any obligation acquired by the
Fund may be sold by the Secretary of the Treasury at the market
price.
(4) Credits to fund.--The interest on, and the proceeds
from the sale or redemption of, any obligations held in the
Fund shall be credited to and form a part of the Fund.
(d) Transfers of Amounts.--
(1) In general.--The amounts required to be transferred to
the Fund under this section shall be transferred at least
monthly from the general fund of the Treasury to the Fund on
the basis of estimates made by the Secretary of the Treasury.
(2) Adjustments.--Proper adjustment shall be made in
amounts subsequently transferred to the extent prior estimates
were in excess of or less than the amounts required to be
transferred.
(e) Acceptance and Use of Donations.--The Secretary may accept and
use donations to provide assistance under section 1204. Amounts
received by the Secretary in the form of donations shall be transferred
to the Secretary of the Treasury for deposit in the Fund.
SEC. 1206. ADVISORY GROUP.
(a) In General.--To assist in carrying out this title, the
Secretary may convene an advisory group consisting of individuals
representing public and private organizations actively involved in the
conservation of marine turtles.
(b) Public Participation.--
(1) Meetings.--The Advisory Group shall--
(A) ensure that each meeting of the advisory group
is open to the public; and
(B) provide, at each meeting, an opportunity for
interested persons to present oral or written
statements concerning items on the agenda.
(2) Notice.--The Secretary shall provide to the public
timely notice of each meeting of the advisory group.
(3) Minutes.--Minutes of each meeting of the advisory group
shall be kept by the Secretary and shall be made available to
the public.
(c) Exemption From Federal Advisory Committee Act.--The Federal
Advisory Committee Act (5 U.S.C. App.) shall not apply to the advisory
group.
SEC. 1207. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Fund $5,000,000 for
each of fiscal years 2004 through 2008.
Amend the title so as to read ``An Act to amend the
Endangered Species Act of 1973 to promote involvement by non-
Federal entities in the recovery of endangered species,
threatened species, and species that may become endangered or
threatened species, and for other purposes.''.
Attest:
Clerk.
107th CONGRESS
2d Session
S. 990
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AMENDMENTS