Text: S.990 — 107th Congress (2001-2002)All Bill Information (Except Text)

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Engrossed Amendment House (11/15/2002)

 
[Congressional Bills 107th Congress]
[From the U.S. Government Printing 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