S. Rept. 107-123 - 107th Congress (2001-2002)
December 13, 2001, As Reported by the Environment and Public Works Committee

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Senate Report 107-123 - AMERICAN WILDLIFE ENHANCEMENT ACT OF 2001




[Senate Report 107-123]
[From the U.S. Government Printing Office]



                                                       Calendar No. 283
107th Congress                                                   Report
                                 SENATE
 1st Session                                                    107-123

======================================================================



 
               AMERICAN WILDLIFE ENHANCEMENT ACT OF 2001

                                _______
                                

               December 13, 2001.--Ordered to be printed

                                _______
                                

   Mr. Jeffords, from the Committee on Environment and Public Works, 
                        submitted the following

                              R E P O R T

                         [to accompany S. 990]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Environment and Public Works, to which was 
referred a bill (S. 990) to amend the Pittman-Robertson 
Wildlife Restoration Act to improve the provisions relating to 
wildlife conservation and restoration programs, and for other 
purposes, having considered the same reports favorably thereon 
with an amendment and recommends that the bill, as amended, do 
pass.

                    General Statement and Background

    The American Wildlife Enhancement Act is intended to meet 
the wildlife and habitat conservation funding needs across the 
country. This would be accomplished through a combination of 
State-led conservation efforts, landowner incentives and 
cooperative conservation agreements.
``Non-Game'' Wildlife Conservation and Restoration
    A century of wildlife conservation has sustained a legacy 
of wild animals throughout our nation that contributes 
immeasurably to the wealth of our country and the pleasure and 
well-being of its citizens. Yet, as we step into the 21st 
century, we confront greater conservation challenges than ever 
before as growing demands on land and resources threaten to 
edge out America's wildlife. Although successful in securing a 
place for many game animals and bringing some endangered 
species back from the brink of extinction, we are now 
encountering new losses among songbirds, amphibians, reptiles, 
fish, and other species that drew little notice or concern 
until recently. Also, additional efforts need to be taken to 
help ensure the survival of the endangered and threatened 
species that inhabit public and private land throughout the 
country.
    It has long been desired by the State fish and wildlife 
agencies and the conservation community to provide funding to 
allow the States to meet the needs of the so-called ``nongame'' 
fish and wildlife species. Game and sportfish species have long 
been funded through the use of a Federal excise tax on sporting 
arms and ammunition, fishing tackle and equipment, and gasoline 
taxes for outboard motor fuels, but there was no similar 
mechanism to fund the non-hunted, non-fished, or non-endangered 
species that needed conservation attention.
    A proposed excise tax on other outdoor-recreation equipment 
(``Teaming with Wildlife'') was unsuccessful because of the 
lack of support for any additional tax or user fee. The 
Wildlife Conservation and Restoration Program became allied 
with funding coastal impact and restoration assistance and the 
Land and Water Conservation Fund. Originally, the Program would 
have been funded by Outer Continental Shelf revenues in what 
became the Conservation and Reinvestment Act. The Wildlife 
Conservation and Restoration Program was originally funded in 
the fiscal year 2001 Commerce-Justice-State Appropriations law.
Endangered Species Conservation
    There has also been a desire to take steps to make the 
Endangered Species Act more effective in recovering endangered 
and threatened species by creating programs with a more 
collaborative approach to species conservation. Endangered and 
threatened species are found on Federal and private land 
throughout the country. According to a study published by The 
Nature Conservancy and the Association for Biodiversity 
Information in 2000, Federal lands support at least one example 
of about 59 percent of species listed under the U.S. Endangered 
Species Act, and private lands are habitat to at least one 
population of more than two-thirds of species listed under the 
U.S. Endangered Species Act. Given this distribution, one of 
the keys to the successful recovery of our endangered and 
threatened species is the increased participation of private 
landowners. This is best achieved through a collaborative, not 
combative, process that provides landowners with an incentive 
to participate.
    However, it is equally important to provide incentives for 
the conservation of endangered and threatened species that 
inhabit our public lands. This is especially true in the 
western portion of our country, where a majority of the land is 
publicly owned. The Endangered Species Act provides for the 
conservation of species through several mechanisms, including 
protections for species on private lands. The Act also provides 
that our Federal agencies shall use their authority to further 
the conservation of species, including cooperating with State 
and local agencies to resolve water resource issues associated 
with endangered species conservation (16 U.S.C. 
Sec. 1531(c)(1)-(2)). S. 990 recognizes the role the 
conservation of species on public lands may have in the 
accomplishment of the purposes of the Endangered Species Act. 
In the West, for example, upland game species which are in 
decline, such as the sage grouse, occupy habitat on both public 
and private lands.
Flexible Funding
    Since the health of habitat has a direct relationship to 
the health of both game and non-game species, habitat 
conservation needs throughout our country must coincide with 
species conservation needs. Habitat conservation needs can be 
partially addressed through the creation of a program that 
provides flexible funding to States for assistance in the 
recovery of areas that are of regional or national 
significance. However, in striving to protect these lands, a 
balance must be achieved between land conservation for purely 
ecological and habitat reasons, and land conservation for 
economic and productive reasons as well.
    Given their knowledge of the habitat that falls within 
their borders, States should be given the flexibility to 
conserve the areas they deem to be in the most need of 
protection. Without a source of flexible Federal funds such as 
this, States and local communities alone will be unable to 
protect some of the nation's most important natural areas. 
These areas include the Northern Forest that spans the States 
of New Hampshire, Maine, Vermont and New York; the Central 
Appalachian Highlands; and the Mississippi Delta. This flexible 
funding will allow States and communities to protect vital 
natural, cultural and recreational areas without creating or 
expanding Federal land.

                     Objectives of the Legislation

    S. 990, the American Wildlife Enhancement Act, is intended 
to meet the wildlife and habitat conservation needs across the 
country through a combination of State-led conservation 
efforts, landowner incentives and cooperative conservation 
agreements. This legislation will help to increase conservation 
efforts throughout our country by promoting local control and 
State partnerships through flexible, incentive driven 
conservation programs and increased partnerships with local 
landowners, as well as promoting conservation efforts on our 
public lands. This will be done through four different 
conservation initiatives. Title I authorizes additional funds 
for the popular Pittman-Robertson program to go to States for 
the conservation of non-game species.
    Title II authorizes the Secretary of the Interior 
(Secretary) to provide financial assistance to small private 
landowners and conservation groups who would like to conserve 
the habitats of endangered and threatened species that are 
found on their land and on public lands. Providing for the 
conservation of species on public lands in this manner is 
intended to effect the purposes of the Endangered Species Act, 
to help ensure that the Federal government effectively protects 
species on its own land, and to help reduce conservation 
pressures on private land.
    Title III establishes a new competitive grant fund that 
would allow one or several States to apply for a grant to 
protect an area of regional or national significance. Title IV 
establishes a program for the conservation and restoration of 
shrub and grass land. S. 990 recognizes the importance of 
fostering conservation activities for species on public lands 
by specifying that funds provided under title II and title IV 
may be used, in cooperation with Federal agencies, to provide 
grants and incentive payments to non-profit organizations such 
as conservation organizations and sportsmen's groups to restore 
wildlife habitat on public lands.

                      Section-by-Section Analysis

              Section 1. Short Title and Table of Contents

    The Act will be cited as the ``American Wildlife 
Enhancement Act of 2001''.

   Title I - Pittman-Robertson Wildlife Conservation and Restoration 
                          Programs Improvement

Section 101. Short Title
    This title may be cited as the ``Pittman-Robertson Wildlife 
Conservation and Restoration Programs Improvement Act''.
Section 102. Definitions

                                Summary

    Subsection (a) of section 102 defines the following terms 
for purposes of this title: account; conservation; fund; Indian 
tribe; Secretary; State fish and game department; territory; 
wildlife; wildlife-associated recreation project; wildlife 
conservation and restoration program; wildlife conservation 
education project; and wildlife restoration project.
    Subsection (b) makes necessary conforming amendments to the 
Pittman-Robertson Act resulting from this section.

                               Discussion

    ``Account'' means the Wildlife Conservation and Restoration 
Account established by this title. Because the definitions 
provided in this section apply to the Pittman-Robertson 
Wildlife Restoration Act as a whole, this definition makes 
clear the distinction between the ``account'' and the ``fund''. 
The Wildlife Conservation and Restoration Account is a separate 
account that falls within the Federal Aid to Wildlife 
Restoration Fund, also known as the Pittman-Robertson Wildlife 
Restoration Fund. Money in the Account would be provided by 
Congressional appropriations, while the Fund is funded by 
excise taxes paid on hunting equipment. The provisions in this 
legislation, unless stated otherwise, pertain to the 
establishment and implementation of the Wildlife Conservation 
and Restoration Account.
    ``Conservation'' means the use of a method or procedure 
necessary or desirable to sustain health populations of 
wildlife or to restore declining populations of wildlife. 
Conservation includes any activity associated with scientific 
resources management.
    ``Fund'' means the Federal Aid to Wildlife Restoration Fund 
within which the Wildlife Conservation and Restoration Account 
is established by this title.
    For purposes of this title, ``Indian tribes'' means the 
same as the term is defined in section 4 of the Indian Self-
Determination and Education Act.
    ``Secretary'' means the Secretary of the Interior.
    ``State fish and game department'' means any department or 
division of a department of another name, commission, or 1 or 
more officials, of a State, the District of Columbia, a 
territory, or an Indian tribe empowered to exercise the 
functions ordinarily exercised by a State fish and game 
department or a State fish and wildlife department.
    ``Territory'' mean Puerto Rico, Guam, American Samoa, the 
Commonwealth of the Northern Mariana Islands, and the Virgin 
Islands.
    ``Wildlife'' means any species of wild, free-ranging fauna 
(excluding fish), and any species of fauna (excluding fish) in 
a captive breeding program for reintroducing individuals of a 
depleted native species into the previously occupied range of 
the species. For purposes of each wildlife conservation and 
restoration program, wildlife includes fish and native plants. 
However, each wildlife and restoration program developed by the 
States does not have to include fish and native plants. The 
separation within the definition was made because the 
definitions listed in this section apply to the Pittman-
Robertson Wildlife Restoration Act, which does not cover fish 
and native plants. Sport fish restoration is covered in the 
Dingell-Johnson Sport Fish Restoration Act.
    ``Wildlife-associated recreation project'' means a project 
intended to meet the demand for and outdoor activity associated 
with wildlife, a project such as construction or restoration of 
a wildlife viewing area, observation tower, blind, platform, 
land or water trail, water access route, area for field 
trailing, or trail heard and a project to provide access to 
these kinds of projects.
    ``Wildlife conservation and restoration program'' means a 
program developed by a State fish and game department and 
approved by the Secretary under section 12.
    ``Wildlife conservation education project'' means a project 
that is intended to foster responsible natural resource 
stewardship, including public outreach.
    ``Wildlife-restoration project'' means a project consisting 
of the selection, restoration, rehabilitation, or improvement 
of an area of land or water that is adaptable as a feeding, 
resting, or breeding place for wildlife. A project may include 
acquisition of an area of land or water suitable for capable of 
being suitable for feeding, resting, or breeding by wildlife; 
restoration or rehabilitation of an area of land or water; 
construction in an area of such works as are necessary to make 
the area available for feeding, resting or breeding by 
wildlife; such research into any problem of wildlife management 
as is necessary for efficient administration of wildlife 
resources; and preliminary or incidental expenses incurred with 
respect to these activities.
Section 103. Wildlife Conservation and Restoration Account

                                Summary

    Subsection (a) establishes the Wildlife Conservation and 
Restoration Account within the Pittman-Robertson Wildlife 
Restoration Fund and authorizes $50 million for fiscal year 
2001 and $350 million in each of fiscal years 2002 through 
2006.
    Subsection (b) makes necessary conforming amendments to 
sections 3(a)(1), 4, 6, 8A, 9, 10, and 11(a)(1) of the Pittman-
Robertson Wildlife Restoration Act resulting from this section.

                               Discussion

    This section extends and increases the authorization for 
the Wildlife Conservation and Restoration Program (WCRP) 
Account created under the Pittman-Robertson Act through the 
enactment of the fiscal year 2001 Commerce, Justice, State 
(CJS) Appropriations law. Expenditures for this Account were 
authorized only for fiscal year 2001, for which $50 million was 
appropriated. This section increases the authorization amount 
to $350 million for each of the fiscal years 2002-2006, thus 
allowing for the appropriation of additional funds to this 
Account.
    The authorization level for this bill is based on the 
results of a needs survey conducted by the International 
Association of Fish and Wildlife Agencies (IAFWA). The 1998 
IAFWA survey asked State fish and wildlife agencies to 
determine their annual funding needs for their unmet wildlife 
conservation and related recreation and education programs. The 
survey asked how much annual funding is needed to stabilize and 
make progress to recover fish and wildlife species and their 
habitats to ``safety net'' population levels; reintroduce 
extirpated fish and wildlife species where practical and 
desirable; meet the annual existing demand and provide for 
projected needs for fish and wildlife related recreation 
activities in each State; and meet the current demand and 
provide for projected needs for fish and wildlife related 
education facilities, networks, and programs. The response to 
this survey found that the need totals over $1 billion.
    State fish and wildlife agency revenues are based mainly on 
traditional revenue sources, including State hunting and 
fishing licenses fees, Federal excises taxes on hunting and 
fishing equipment, and motor boat fuel taxes. The majority of 
these user-fee funds are focused on approximately 100 game and 
sportfish under a user-pay user-benefit philosophy. Other 
sources of revenue include income tax check-offs, general 
funds, State lotteries, sales taxes, vehicle license plates, 
trust funds, or matching grants from Federal programs, 
foundations, non-profit organizations, and corporations. The 
1998 IAFWA survey put funding from these sources at 
approximately $134 million, about one-tenth of the estimated 
need of $1 billion. This provision recognizes the need for 
greater Federal investment and will contribute $350 million in 
key funding to assist States in meeting their expanded funding 
goals. This provision will broaden our investments to mitigate 
accumulating losses, sustain healthy wildlife communities for 
all species, and prevent problems before they occur.
    This section also proposes some clarifying and structural 
improvements to the WCRP Account to ensure its consistency and 
conformity with the underlying Pittman-Robertson statute, and 
to ensure that the terms and conditions of the Account apply 
only to the Account. It also applies certain provisions of the 
underlying Pittman-Robertson statute to the Account.
Section 104. Apportionment of Amounts in the Account

                                Summary

    This section establishes the apportionment for the Account 
established in section 103. Not more than 3 percent of the 
available funds may be used by the Secretary for administrative 
expenses. The section provides that \1/2\ of 1 percent shall go 
to each of the District of Columbia and Puerto Rico and not 
more than \1/4\ of 1 percent to each of Guam, American Samoa, 
the Commonwealth of the Northern Mariana Islands and the Virgin 
Islands. 2 \1/4\ percent of the remaining funds shall go to 
Indian tribes, of which \1/3\ shall be apportioned among tribes 
based on the ratio of the trust lands area of each tribe bears 
to the total trust land areas of all tribes and \2/3\ shall be 
apportioned among tribes based on the ratio that the population 
of each tribe bears to the total population of tribes, with no 
tribe receiving more that 5 percent of the 2 \1/4\ percent for 
tribes.
    The States receive their apportionment after the 
allocations are made. A State's apportionment from the Account 
would be based on \1/3\ of the ratio that the area of the State 
bears to the total area of all States and \2/3\ based on the 
ratio that the population of the State bears to the total 
population of all States. No State will receive less that 1 
percent of the amount available for States and no State will 
receive more that 5 percent of that amount.
    The funds provided by the Account shall be in addition to 
funds from the Pittman-Robertson Fund or the Sport Fish 
Restoration Account and shall be used to address the unmet 
needs for wildlife and habitats on which they depend and for 
projects that are part of a wildlife conservation and 
restoration program. A recipient may not receive funds from the 
Account if the Secretary determines that the recipient diverts 
funds from other conservation funding sources. Funds from the 
Account shall remain available until the end of the second 
following fiscal year.

                               Discussion

    The allocation formula to each State is \1/3\ based on the 
ratio that the area of the State bears to the total area of all 
States and \2/3\ based on the ratio that the population of each 
State bears to the total population of all States, with a 
minimum apportionment of 1 percent and a maximum apportionment 
of 5 percent. This distribution formula is the result of an 
agreement between all 50 State fish and wildlife agencies that 
reflects the collective thinking of how to best address 
nationally the needs of fish and wildlife conservation and the 
associated wildlife education and recreation needs of our 
citizens. It recognizes that there are needs in every State 
from the western ``public land'' States to the more eastern 
urbanized States where pressures on habitat are intense. This 
allocation represents the best professional thinking of the 
State fish and wildlife agencies for a formula that is as 
equitable nationally as possible.
    The allocation of 2 \1/4\ percent of the funds in the 
Wildlife Conservation and Restoration Account to Federally 
recognized Indian tribes is equivalent to the percentage of 
tribal trust land to total acreage of the continental United 
States. Currently, tribes are not eligible to share in Federal 
Aid in Wildlife Restoration Account funds even though tribal 
members pay excise taxes on fishing and hunting equipment. This 
legislation does not change this limitation in the underlying 
law. However, by allowing Indian tribes to share in this new 
funding source, S. 990 helps to address the funding shortfalls 
that tribes experience in managing fish and wildlife 
populations on their lands. Indian tribes, just like the 
States, would have to submit, and have approved by the 
Secretary, a wildlife conservation and restoration program and 
a wildlife conservation strategy. The States and Territories 
are not to use the funds from the Wildlife Conservation and 
Restoration Account to replace existing Federal Aid funds 
available to them. The funds may only be used for new Wildlife 
Conservation and Restoration Programs and associated projects.
Section 105. Wildlife Conservation and Restoration Programs

                                Summary

    Section 105 establishes a new section 12 of the Pittman-
Robertson Wildlife Restoration Act.
    Subsection (a) of the new section 12 defines State.
    Subsection (b) establishes the Wildlife and Conservation 
Program (WCRP). Under the program, a State, acting through the 
State fish and game department, may apply for approval of a 
wildlife conservation and restoration program in order to 
receive funds from the new Account. An application must provide 
documentation that the State's wildlife and conservation 
program provides overall responsibility and accountability to 
the State fish and wildlife department, identify which species 
in the State are in greatest need of conservation, and provide 
for the development, implementation, and maintenance of 
wildlife conservation projects, wildlife-associated recreation 
projects and wildlife conservation education projects under the 
program. The public must have the opportunity to participate in 
the development and implementation of the program.
    If the Secretary approves a wildlife conservation and 
recreation program, the Secretary may use the States 
apportionment to pay the Federal share of the cost of 
implementation of the program and the cost of development, 
implementation, and maintenance of each project in the program. 
The Federal share shall not exceed 75 percent. The Secretary 
shall make payments to States during the course of a project 
and may advance funds to pay the Federal share of implementing 
the program.
    Not more than 10 percent of a State's apportionment may be 
used for law enforcement activities and not more than 10 
percent may be used for wildlife-associated recreation 
projects. An exception to this limitation is provided if the 
State demonstrates to the satisfaction of the Secretary that 
the law enforcement activities or the wildlife-associated 
recreation projects have a significant impact on high priority 
conservation activities.
    In order to implement projects in the program, a State may 
make a grant or enter into a contract with any Federal, State, 
or local agency, Indian tribe, wildlife conservation 
organization, sportsmen's organization, land trust, or other 
nonprofit organization, outdoor recreation or conservation 
education entity and any other method the State determines to 
be appropriate.
    Subsection (c) requires that, in order to continue to 
receive assistance from the Account, a State must develop and 
implement a wildlife conservation strategy based on best 
available and appropriate science not later than 5 years after 
receiving their initial apportionment. The strategy shall use 
information on the distribution and abundance of species of 
wildlife as is indicative of the diversity and health of 
wildlife of the State; identify the extent and condition of 
wildlife habitats and community types essential to conservation 
of the species of wildlife of the State; identify the problems 
that may adversely affect the species and habitat of the 
species and provide high priority research and survey to 
identify factors that may assist in restoration and more 
effective conservation of species and habitat; describe which 
actions should be taken to conserve species and habitats and 
establish priorities for implementing those actions; and 
provide for periodic monitoring of the species and habitats and 
the effectiveness of the actions and adaptations as are 
appropriate.
    The development and implementation of the strategy must 
provide opportunity for public participation. A State shall 
review and, if necessary, revise the strategy not less often 
than every 7 years. The development, implementation, review and 
revision of the strategy shall be coordinated between the State 
fish and game department and Federal, State, and local agencies 
and Indian tribes that manage areas of land or water or 
administer programs affecting conservation. If a State fails to 
develop, implement, review or revise a wildlife conservation 
strategy, the State's apportionment shall be reapportioned to 
other States for that fiscal year. If the State subsequently 
carries out the requirements of this section, the State can 
receive its apportionment in the subsequent fiscal year.
    Subsection (d) allows money from the Account to be used to 
carry out new programs and projects and enhance existing 
programs and projects.
    Subsection (e) establishes the priority for using the funds 
from the Account for species that are in the greatest need of 
conservation or are identified in the wildlife conservation 
strategy.
    Subsection (f) prohibits the use of funds from the Account 
on activities that promote or encourage opposition to the 
regulated hunting or trapping of wildlife.

                               Discussion

    Modeled after the very successful Pittman-Robertson 
Wildlife Restoration Programs, the WCRP Account apportions 
matching Federal funds to the State fish and wildlife agencies 
on a 75 Federal: 25 State match, to be used for wildlife 
conservation, wildlife conservation education and wildlife-
associated recreation.
    The WCRP relies on State-based decision making to establish 
priority spending for the wildlife species of greatest 
conservation need. The State fish and wildlife agencies have 
constitutional and statutory responsibilities for fish and 
wildlife within their borders. However, the WCRP gives the 
States explicit and specific guidance and direction through the 
Wildlife Conservation Strategy (WCS) on how priority spending 
decisions for species of the greatest conservation need are to 
be made. If States want to continue to receive funds from the 
Account, within 5 years after the date of initial apportionment 
a State shall develop and begin implementation of a wildlife 
conservation strategy that is based on the best available and 
appropriate scientific information. States will no longer 
receive funds if they have not completed the wildlife 
conservation strategy within 5 years after the enactment of 
this act, or fail to implement or revise the strategy.
    When developing a wildlife conservation strategy, S. 990 
directs the State fish and wildlife agency to use information 
relating to the distribution, abundance and population status 
of fish and wildlife; habitat availability and status; 
pressures on species and habitats; and collection of additional 
information about these factors as the agency makes its 
conservation needs priority decisions. States are directed to 
use such information on the distribution and abundance of 
species of wildlife, including low population and declining 
species that the State deems appropriate, that are indicative 
of the health and diversity of wildlife of the State. Such 
information should also identify habitat and community types 
necessary for the wildlife determined by the State as 
indicative; identify problems for those species or habitats, 
and to provide for priority research to fill information gaps; 
determine actions necessary for conservation; provide for 
mandatory and adaptive management; and provide appropriate 
coordination with other governmental or tribal agencies. The 
Wildlife Conservation Strategy describes an iterative decision-
making process that the State fish and wildlife agency shall go 
through in order to establish its highest conservation needs 
and thus priorities for spending WCRP funds.
    The Wildlife Conservation and Restoration Program contains 
two program elements not found in the underlying Pittman-
Robertson Wildlife Restoration Act. These are ``wildlife-
associated recreation'' and ``wildlife conservation 
education''. Wildlife-associated recreation projects are 
intended to meet the demand for outdoor recreation activities, 
like hunting, fishing, wildlife observation and photography. 
These kind of projects would include, but are not limited to, 
the construction or restoration of a wildlife viewing area, 
observation tower, blind or platform. Wildlife conservation 
education projects are intended to foster responsible natural 
resource stewardship.
    Wildlife-associated recreation projects and wildlife 
conservation education projects are important to the 
conservation of both game and non-game species. Effective 
wildlife stewardship can only be accomplished when individuals 
and groups are educated about the benefits gained from the 
presence of the wildlife. Recreation and education oriented 
projects are intended to demonstrate to the public the 
recreational, economic and aesthetic values of healthy wildlife 
populations.
Section 106. Nonapplicability of Federal Advisory Committee Act
    Subsection (a) amends the Pittman-Robertson Wildlife 
Restoration Act by adding section 14, which exempts the 
coordination required by this title from the Federal Advisory 
Committee Act.
    Subsection (b) amends the Dingell-Johnson Sport Fish 
Restoration Act by inserting a new section 15, which exempts 
the coordination required by this title from the Federal 
Advisory Committee Act.
Section 107. Technical Amendments
    This section amends sections 1, 5, 6, 7, 8, 8A, and 12 of 
the Pittman-Robertson Wildlife restoration Act to make 
technical and conforming changes necessary as a result of this 
title.
Section 108. Effective Date
    This section authorizes that this title take effect on 
October 1, 2001.

          Title II: Endangered and Threatened Species Recovery

Section 201: Purpose
    The purpose of title II is to promote the involvement of 
non-Federal entities in the recovery of endangered species, 
threatened species, and species that may become endangered or 
threatened if conservation actions are not taken. This title 
also aims to recover the habitats on which they depend.
Section 202: Endangered and Threatened Species Recovery Assistance

                                Summary

    Section 202(a) amends section 13 of the Endangered Species 
Act of 1973 to allow the Secretary to provide financial 
assistance to any person who wishes to develop and implement an 
endangered and threatened species recovery agreement.
Section 13(a): Definitions
    The new section 13(a) provides definitions to apply only to 
this section of the Act. A ``conservation entity'' is defined 
as a nonprofit entity that engages in activities to conserve or 
protect fish, wildlife or plants or their habitat. These 
entities include, but are not limited to, a sportsmen's 
organization, an environmental organization, or a land trust.
    A ``small landowner'' is an individual who owns not more 
than 160 acres of land. However, if the small landowner owns 
land that is used as a farm or ranch, the landowner would be 
considered a small landowner if he/she owns no more than 50-
percent of the average acreage of a farm or ranch in the State 
or 160 acres, which ever is greater. For the purposes of this 
program, a ``farm or ranch'' is an activity in which not less 
than $1,000 in income is derived from agricultural production 
within a census year. The Secretary is to use the most recent 
data provided by the U.S. Department of Agriculture in the U.S. 
Census of Agriculture to determine the average farm or ranch in 
each State.
    The term ``species at risk'' applies to species that may 
become endangered or threatened if conservation actions are not 
taken to conserve and protect the population.
    A ``species recovery agreement'' is an endangered and 
threatened species recovery agreement that is entered into 
according to the provisions under section 13(c).

                               Discussion

    The definitions provided in this section explain who is 
eligible for this program. Allowing both conservation entities 
and small landowners to take part in the program helps to 
ensure that a wide spectrum of species recovery agreements are 
developed. The definition of small landowner recognizes that a 
small landowner in the eastern half of the country is different 
than a small landowner in the western half of the country. This 
is illustrated by the fact that the average farm or ranch in 
Nevada is about 2,220 acres, while the average farm or ranch in 
New Hampshire is 141 acres. To address this difference, the 
bill allows a small landowner to vary from State to State based 
on the size of a farm or ranch in a State. A small landowner is 
one that owns less than 50 percent of the average farm or ranch 
in the State, or 160 acres, whichever is greater. This allows 
for more individuals who live in the West to qualify for the 
program without disadvantaging the small landowners in the 
East.
    Defining ``species at risk'' as species that may become 
endangered or threatened if conservation efforts are not taken, 
is a step toward being more pro-active in the recovery of 
endangered and threatened species. An important component in 
the recovery of flora and fauna is engaging in conservation 
efforts before species decline so far as to warrant protection 
provided under the Endangered Species Act.
Section 13(b): Endangered and Threatened Species Recovery Assistance

                                Summary

    Section 13(b) authorizes the Secretary to provide financial 
assistance to any person for the development and implementation 
of an endangered and threatened species recovery agreement, and 
outlines the terms under which a person may or may not receive 
financial assistance. According to section 13(b)(2), the 
Secretary should give priority to agreements that: implement 
actions identified under recovery plans that have been 
developed for listed species; have the greatest potential for 
contributing to the recovery of an endangered or threatened 
species, or a species at risk; benefit multiple species; carry 
out activities that are specified in State or local 
conservation plans; or are proposed by small landowners.
    Section 13(b)(3) prohibits the Secretary from providing 
financial assistance for any activity that is already required 
by an incidental take permit, an incidental taking statement 
provided under section 7 consultation of the Endangered Species 
Act (ESA), or under any other provision of the ESA, any other 
Federal law or any State law.
    Section 13(b)(4) provides that the financial assistance 
under this program shall not affect the payments a person may 
receive under the Conservation Reserve Program, the Wetlands 
Reserve Program, the Environmental Quality Incentives Program, 
or the Wildlife Habitat Incentive Program. However, a person 
cannot receive financial assistance under this program to carry 
out an activity that is already required under one of the above 
stated programs, and for which the person is already receiving 
payment, unless the species recovery agreement imposes an 
additional financial or management obligation.

                               Discussion

    The purpose of the priorities listed in section13(b)(2) is 
to ensure that the Secretary provides funding to the species 
recovery agreements that will have the greatest possible impact 
on endangered and threatened species conservation. Under the 
ESA, recovery plans are to be developed for listed species. 
These plans should include actions that need to be taken to 
recover a listed species. By giving priority to agreements that 
implement these identified actions, the Secretary can be 
assured, based on the Department's own analysis, that the 
agreements will help to recover the species covered in the 
agreement.
    The bill also affords funding priority to species recovery 
agreements which would implement State and local conservation 
plans. In recent years, State and local governments have placed 
increasing focus on pro-active species conservation planning, 
particularly moving to craft statewide or multi-state ecosystem 
based conservation plans which target the conservation of not 
only threatened and endangered species, but also species which 
are in decline but not yet listed. These efforts, which are 
ongoing in several States, reflect a recognition that broad 
ecosystem restoration work targeting multiple species which 
also provide for the conservation of declining species can 
often best achieve the purposes of the underlying ESA. The 
State of Nevada, for example, is currently working to craft a 
broad conservation plan targeting a variety of declining 
sagebrush dependent species like the sage grouse.
    Affording priority to species recovery agreements which 
implement such State or local plans recognizes the importance 
of identifying funding mechanisms for such plans if they are to 
accomplish one of their main purposes. That is, many States 
target the conservation of declining species in such plans in 
order to avoid the need to list those species in the future. 
The ESA specifically provides that the existence of effective 
State or local conservation plans may justify the Secretary's 
determination not to list a species. 16 U.S.C. 
Sec. 1533(b)(1)(A) provides that the Secretary must take ``into 
account those efforts, if any, being made by any State . . . or 
political subdivision of a State . . . to protect such species 
. . .'' when determining whether a species should be listed. In 
order for the Secretary to rely upon such State or local plans 
as a reason not to list a species, however, courts have held 
that, among other things, those plans must identify a funding 
mechanism for the conservation actions called for in the plan. 
E.g., Oregon Natural Resources Council v. State of Oregon, 6 F. 
Supp. 1139 (1998). Targeting funding under this title to 
implement State or local conservation plans recognizes the 
importance of State and local efforts to effectuate the broad 
purposes of the ESA.
    The Secretary should also give priority to agreements that 
benefit multiple species. As stated earlier, in areas 
throughout the country, especially in the West, more than one 
species in an ecosystem can be listed as endangered or 
threatened. By giving a priority to agreements that encompass 
multiple species, the Secretary will be looking at species 
conservation on an ecosystem level, as opposed to an individual 
species level. An ecosystem-based species recovery agreement 
can prove to be more efficient in areas where there are 
multiple species in need of conservation.
    The priority given to small landowners is to help conserve 
the number of species that occur on private lands. Currently, 
any effort that a private landowner undertakes to conserve an 
endangered species is paid for out-of-pocket. Since 
approximately 90 percent of the listed endangered and 
threatened species inhabit non-federal lands, one of the keys 
to the successful recovery of our endangered and threatened 
species is the increased participation of private landowners. 
This is best achieved through a collaborative, not combative, 
process that provides landowners with an incentive to 
participate. This priority helps to achieve that.
    The prohibitions listed under section 13(b)(3) are provided 
to ensure that those who enter into species recovery agreements 
with the Secretary are not receiving money to implement actions 
that are already required by Federal or State law. However, 
funding may be used for actions required under any incidental 
taking statement issued as part of conservation activities of 
the species recovery agreement itself. The money appropriated 
under this new section of the ESA is meant to compensate 
landowners and conservation entities that go beyond what is 
required by law.
Section 13(c): Endangered and Threatened Species Recovery Agreements

                                Summary

    Section 13(c) allows the Secretary to enter into endangered 
and threatened species recovery agreements. Section 13(c)(2) 
states what elements should be included in each agreement. 
These elements are: provisions that require the person to carry 
out activities on his/her property that are not required by 
other Federal or State law that contribute to the recovery of a 
listed species, or refrain from activities that would inhibit 
the recovery of listed species. These activities can include 
actions that, consistent with applicable State water laws and 
regulations, directly reduce the availability of water for 
species.
    The species recovery agreements shall also include 
provisions that specify species recovery goals and activities 
for attaining those goals; require the person to make 
demonstrable progress in accomplishing the species recovery 
goals and a schedule for the implementation of the agreement; 
specify actions to be taken by the Secretary or the person to 
monitor the effectiveness of the agreement; require the person 
to notify the Secretary if any right or obligation of the 
person under the agreement is assigned to another person; and 
require the person to notify the Secretary if any term of the 
agreement is breached.
    In addition, the species recovery agreement should include 
a schedule for the disbursement of financial assistance during 
the period that the agreement is in effect based on the 
required schedule for implementation. The Secretary shall 
terminate the species recovery agreement if the person fails to 
carry out the species recovery agreement. Section 13(c)(3) 
provides for the review and approval of proposed species 
recovery agreements by the Secretary. The Secretary must review 
the proposed agreement to determine if the agreement complies 
with section 13(c) and will contribute to the recovery of each 
of the species that is the subject of the proposed species 
recovery agreement. If necessary, the Secretary shall propose 
to the person any additional provisions that are necessary for 
the species recovery agreement to comply with section 13(c). 
The Secretary may enter into the species recovery agreement if 
it is determined that the agreement complies with section 
13(c).
    Under section 13(c)(4), the Secretary must periodically 
monitor the implementation of each species recovery agreement. 
Based on the information obtained from the monitoring, the 
Secretary shall disburse financial assistance to implement the 
agreement as the Secretary deems to be appropriate under the 
agreement. If the Secretary determines that the person is not 
making demonstrable progress in accomplishing the species 
recovery goals specified in the agreement, the Secretary shall 
propose one or more modifications to the agreement that are 
necessary to accomplish the goal or terminate the agreement.
    According to section 13(c)(5), if the Secretary enters into 
a species recovery agreement with a person with respect to 
Federal or State land, the United States or the State, 
respectively, must be a party to the agreement.

                               Discussion

    The funding allocation established by this section is 
designed to ensure that financial benefits are equally 
distributed as best as possible to those proposing species 
recovery agreements. It also recognizes that collaborative 
efforts with private landowners must be undertaken in order to 
adequately conserve both endangered and threatened species and 
the rights of private property owners. Because only 10 percent 
of the species listed as endangered or threatened under the ESA 
occur solely on Federal land (GAO/RCED-95-16), small landowners 
should be guaranteed a certain amount of funding for these 
agreements. Another factor in guaranteeing funding for small 
landowners is that agreements proposed by conservation entities 
will tend to be larger in scope, encompassing multiple-species 
over a larger ecosystem. While conservation agreements proposed 
by conservation entities are very important to overall 
endangered and threatened species conservation efforts, these 
agreements will inherently require more Federal funds for 
development and implementation, leaving fewer funds for 
agreements proposed by small landowners.
    It is not the intention of the committee to state that 
conservation agreements on private lands are more important the 
conservation agreements on public lands. Conservation must be 
addressed on all types of land in order for the conservation of 
endangered and threatened species to be effective. Allocating 
one-third of the funding for species recovery agreements that 
occur on public lands is intended to help achieve the goal of 
overall endangered species conservation throughout the country.
Section 13(e): Limitation on Administrative Expenses
    Under this subsection, the Secretary may not use more than 
3 percent of the funds appropriated in each fiscal year to pay 
administrative expenses incurred in providing financial 
assistance for the development and implementation of endangered 
and threatened species recovery agreements.
Section 202(b): Authorization of Appropriations
    Section 202(b) amends section 15 of the Endangered Species 
Act of 1973 to authorize the appropriation of $150,000,000 to 
carry out section 13 for each of fiscal years 2002 through 
2006.
Section 202(c): Conforming Amendment
    Section 202(c) amends the table of contents of the 
Endangered Species Act of 1973 by striking the item related to 
section 13 and inserting, ``Sec. 13. Endangered and threatened 
species recovery assistance.''

         Title III:Non-Federal Land Conservation Grant Program

Section 301: Non-Federal Land Conservation Grant Program
Subsection (a). In General

                                Summary

    Section 301(a) amends the Partnerships for Wildlife Act by 
adding a new section 7106, authorizing the Secretary to 
establish a competitive grant program to be known as the ``Non-
Federal Land Conservation Grant Program.'' The purpose of this 
program is to make grants to States or groups of States for the 
conservation of non-Federal land or water of regional or 
national significance.
    Subsection (b) establishes ranking criteria that must be 
used when the Secretary is selecting among applications. The 
Secretary shall rank the projects based on the extent to which 
each project would protect watersheds and important scenic, 
cultural, recreational, fish, wildlife and other ecological 
resources. Preference would then been given to proposed 
projects that seek to protect ecosystems, are developed in 
collaboration with other States, have been open to public 
participation, are supported by local communities and 
individuals, and are considered a priority by the respective 
State(s).
    Applications, submitted according to a deadline that is 
noticed in the Federal Register, shall include a detailed 
description of the project, a detailed analysis of all 
associated project costs (including planning, administration 
and property acquisition and management), a statement 
describing how the project is of regional or national 
significance and a plan for stewardship of any land or water, 
or interest therein, to be acquired under the project.
    The Secretary, not later than 90 days after receipt of 
applications, shall review the applications and notify each 
State of its decision. The Secretary is required to submit an 
annual report to the Senate Environment and Public Works 
Committee and the House Resources Committee describing the 
grants made under this section.
    The Federal share of the cost of a project under this 
program shall be not more than 70 percent in the case of a 
conservation easement, 75 percent in the case of a project that 
involves three or more States, and 50 percent for the purchase 
of any interest other than a permanent conservation easement. 
To cover the Federal share, this section authorizes $50 million 
for each of fiscal years 2002 through 2006. There is also 
authorized an additional $9 million for the Federal share of 
the purchase of a conservation easement that covers the 171,000 
acres of land that International Paper is selling in northern 
New Hampshire. The cost-share requirement and application 
process are not waived with respect to these funds.

                               Discussion

    The funding authorized in this title would allow the 
Federal government to assist States in protecting areas that 
they and local communities deem to be of regional or national 
significance. By requiring public participation and the support 
of local communities and individuals, these important 
conservation lands will be protected by those who are closest 
to the land.
    Several features of this grant program are notable. First, 
the grant program will not create any additional Federal land. 
These funds would go to States for conservation efforts they 
deem important, and the management plan required to be included 
in the application will ensure proper management for the future 
by either the State or local government, or the conservation 
entity they prefer.
    Second, the various Federal cost-share amounts were chosen 
to encourage collaboration between States and the use of 
permanent conservation easements. However, it is not meant to 
discourage full-fee acquisition. Conservation easements have 
become a favored means of land conservation because the 
property remains in private ownership and continues to 
contribute to the local tax base. Also, easements can be 
written to meet the particular needs of a landowner and the 
unique character of the land to be protected.
    Collaboration between States is also an important component 
of land conservation. Natural ecosystems do not follow State 
boundaries; therefore, conservation efforts are more effective 
if all States covered by a particular ecosystem are involved in 
the efforts. For example, the Northern Forest, the largest 
remaining wild forest in the East, extends for 26 million acres 
through Maine, New Hampshire, Vermont and New York. When the 
resources of these States are pulled together, the outcome of 
any conservation project would be more substantial and more 
effective than if the States acted separately.
    Third, the ranking criteria provided in Sec. 7106(b) seeks 
to ensure that the projects selected by the Secretary for 
funding protect multiple resources and are supported by those 
in the area surrounding the project. Public participation and 
local support are required to ensure that the project is 
representative of all the resources in the area that are to be 
protected. It is also important that the ecosystems and its 
resources are protected in balance with productive economic 
uses of the land. The final criterion states that the Secretary 
should give preference to proposed projects that the State 
considers to be a priority. This criterion enables the 
Secretary to select one project over another if a State submits 
more than one project that equally meets the other criteria.
    Finally, there are features in this title that provide 
accountability to both the States and the Secretary of the 
Interior. Sec. 7106(c)(2)(B) requires that the State or group 
of States include within their applications a detailed analysis 
of all costs associated with the project, including the future 
management of any property involved in the project. Along with 
the cost of property management, the State(s) must also include 
a plan for maintaining any land or water that is acquired, 
either through full-fee acquisition or the purchase of a 
conservation easement, for the project. These requirements help 
to ensure that the lands and water involved in the projects 
selected are managed in such a way that they continue to be 
protected beyond the completion of the project.
    There are two provisions in the bill that act as a check on 
the Secretary of the Interior in order to help prevent the 
Secretary from awarding grants without justification. These 
provisions are Sec. 7106(c)(3)(B)(ii) and Sec. 7106(d). The 
first provision requires the Secretary to explain to the State 
or group of States why the application in question was denied. 
The second provision requires the Secretary to submit a report 
to Congress at the end of each fiscal year detailing the grants 
that were awarded and how the funded projects met the ranking 
criteria set out in Sec. 7106(b). Requiring the Secretary to 
explain why projects were not awarded a grant and to submit an 
annual report to Congress explaining how the funded projects 
meet the criteria provides Congress with an assurance that the 
funds are being awarded to the most deserving projects that 
fulfill the intentions of this program.

   Title IV: Conservation and Restoration of Shrubland and Grassland

Sec. 401. Conservation and Restoration of Shrubland and Grassland

                                Summary

    Section 401 amends the Partnerships for Wildlife Act by 
adding a new section 7107, authorizing the Secretary to 
establish a Conservation and Restoration of Shrubland Grassland 
Grant Program. The section authorizes the Secretary to expend 
$50 million annually from 2002 through 2006 for grants to fund 
conservation agreements entered into between the Secretary and 
specified eligible entities to engage in specified conservation 
activities on covered lands.
    Subsection (a) defines two groups of individuals and 
entities who are eligible to receive grants under this program. 
The first are conservation entities defined as nonprofit 
entities that engage in activities to protect or conserve fish, 
wildlife or plants, or the habitat for fish, wildlife or 
plants. The subsection provides an illustrative non-inclusive 
list of conservation entities covered by this definition. The 
second are permit holders defined as individuals who hold a 
grazing permit on covered land. In addition, subsection (a) 
defines such covered land as public or private natural 
grassland or shrubland that serves as habitat for endangered 
species, threatened species or species at risk, as determined 
by the Secretary. Threatened and endangered species are defined 
by reference to the Endangered Species Act. Species at risk are 
defined as those species which may become threatened or 
endangered if conservation actions are not taken to conserve 
and protect that species. Such species may include, but are not 
limited to, species identified by the Secretary as candidates 
for listing under the Endangered Species Act. The subsection 
further defines covered land as land located in an area that 
has been historically dominated by natural grassland and 
shrubland.
    Subsection (b) establishes a grant program to be carried 
out by Secretary.
    Subsection (c) authorizes the Secretary to enter into 
conservation agreements with a conservation entity or permit 
holder to engage in conservation activities on covered land. 
Such agreements shall provide for the grant award and may allow 
certain specified activities on such land so long as those 
activities contribute to maintaining or improving the viability 
of the covered land. The subsection specifies an exclusive list 
of such activities, providing that grants may be used on a 
project or activity to reduce erosion, engage in a prescribed 
burn, restore riparian habitat, control or eliminate invasive 
or exotic species, reestablish native grasses, or any other 
project or activity that restores or enhances habitat for 
endangered species, threatened species or species at risk.
    Subsection (d) provides that such agreements and grants 
made pursuant to them may not be made or given to comply with 
existing law, and may not be made or given to engage in 
conservation activities for which the eligible entity is 
already receiving a Federal payment under the Conservation 
Reserve Program, the Environmental Quality Incentives Program 
or the Wildlife Habitat Incentives Program.

                               Discussion

    On April 10, 2001, in Reno, NV, the committee held a 
hearing to consider the needs of State and local groups and 
other entities involved in the conservation of both game and 
non-game species, particularly in the West. Testimony was 
received from the Nevada officials representing the U.S. Bureau 
of Land Management, the U.S. Department of Agriculture, the 
Nevada Department of Wildlife, as well as sportsmen, local 
conservationists and environmental groups. The Conservation and 
Restoration of Shrubland and Grassland Program is intended to 
meet some of the needs identified in that hearing. In 
particular, those needs included the need to assist in the 
restoration of the vast shrubland and grasslands of the West, 
particularly the Great Basin, and to boost the efforts of 
nonprofit entities such as sportsmen's groups and other 
conservationists to restore those lands. The Conservation and 
Restoration of Shrubland and Grassland Program will provide 
funding for nonprofit participation in such activities. 
Conservation concerns in the West and the Great Basin include 
significant invasive species problems like cheatgrass and 
tamarisk. Cheatgrass, for example, has taken over large areas 
of the Great Basin, out competing native vegetation and 
degrading habitat for sage dependent species such as the sage 
grouse, a game bird which is of conservation concern in the 
region. Cheatgrass is also a significant fire fuel, 
contributing to the breadth and intensity of fires in the 
region, particularly in Nevada since 1999.
    Landownership in this region often complicates restoration 
efforts. Nevada, for example, is 87 percent in Federal land 
ownership, largely in lands owned and managed by the Bureau of 
Land Management. The management of these lands are increasingly 
important with respect to protecting both non-game and game 
species in decline and additional resources to address these 
problems - in terms of manpower and funding - is critical to 
ensuring the accomplishment of the purposes of the Endangered 
Species Act. Hearing testimony was taken with respect to these 
challenges, and particularly noted the importance of the work 
of sportsmen's organizations and other conservationists to help 
manage such land to provide good habitat for such species on 
public lands.
    The Conservation and Restoration of Shrubland and Grassland 
Program will bolster the work of nonprofit organizations and 
other groups engaged in conservation activities in the West and 
the Great Basin by authorizing funds to engage in a specified 
list of authorized conservation activities. These activities 
include activities to reduce erosion; perform prescribed burn; 
restore riparian habitat; control or eliminate invasive or 
exotic species; reestablish native grasses; or any other 
project or activity that restores or enhances habitat for 
endangered species, threatened species or species at risk.

                          Legislative History

    During the 106th Congress, the committee held a hearing on 
May 24, 2000, on the wildlife provisions of S. 25, S. 2123, and 
S. 2181.
    On June 6, 2001, Senator Smith introduced S. 990, the 
American Wildlife Enhancements Act of 2001. On November 8, 2001 
the committee reported S. 990 with an amendment in the nature 
of a substitute offered by Senators Smith, Jeffords, Crapo and 
Reid, with a second degree amendment offered by Senator Reid 
and agreed to the bill as amended by a voice vote.

                                Hearings

    On April 10, 2001, the committee held a hearing in Reno, 
NV, to receive testimony on State and local wildlife 
conservation needs to inform the drafting of a bill to address 
those needs. Witnesses were: Don Henley, Caddo Lake Institute; 
Leta Collord, Northeastern Nevada Stewardship Group; Larry 
Johnson, President, Nevada Bighorns Unlimited; Elsie Dupree, 
President, Nevada Wildlife Federation; Terry Crawforth, 
Administrator, Nevada Division of Wildlife; Gary Graham, 
Division Director, Texas Parks and Wildlife Service; Bob Abbey, 
Director, Nevada Bureau of Land Management; Robert Williams, 
Field Supervisor, Nevada Fish and Wildlife Office; Dennis 
Murphy, Biodiversity Initiative, University of Nevada at Reno; 
Karen Denio, United States Department of Agriculture (USDA), 
Farm Services Agency; and Nick Pearson, State Conservationist, 
USDA, Natural Resources Conservation Service.

                             Rollcall Votes

    The Committee on Environment and Public Works met to 
consider S. 990 on November 8, 2001. The committee agreed to an 
amendment in the nature of a substitute offered by Senator 
Smith. Senator Reid offered a second degree amendment to the 
substitute. All amendments were agreed to by voice vote and the 
bill as amended was approved by voice vote.

                      Regulatory Impact Statement

    In compliance with section 11(b) of rule XXVI of the 
Standing Rules of the Senate, the committee finds that S.990 
does not create any additional regulatory burdens, nor will it 
cause any adverse impact on the personal privacy of 
individuals.

                          Mandates Assessment

    In compliance with the Unfunded Mandates Reform Act of 1995 
(Public Law 104-4), the committee finds that S.990 would impose 
no unfunded mandates on State, local, or tribal governments.

                          Cost of Legislation

    Section 403 of the Congressional Budget and Impoundment 
control Act requires that a statement of the cost of the 
reported bill, prepared by the Congressional Budget Office, be 
included in the report. That statement follows:
                                     U.S. Congress,
                               Congressional Budget Office,
                                  Washington, DC, December 3, 2001.

Hon. James Jeffords, Chairman,
Committee on Environment and Public Works,
U.S. Senate, Washington, DC.

Dear Mr. Chairman: The Congressional Budget Office has prepared 
the enclosed cost estimate for S. 990, the American Wildlife 
Enhancement Act of 2001.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Deborah Reis, 
who can be reached at 226-2860.
            Sincerely,
                                             Dan L. Crippen
                              ----------                              

S. 990, American Wildlife Enhancement Act of 2001, as ordered reported 
        by the Senate Committee on Environment and Public Works on 
        November 8, 2001

                                SUMMARY

    S. 990 would establish within the U.S. Fish and Wildlife 
Service (USFWS) four new grant programs to finance projects 
that conserve or restore fish and wildlife species and their 
habitats. The financial assistance authorized by the new 
programs would enhance or expand existing USFWS grant programs 
by broadening eligibility requirements to include new 
participants, focusing on new conservation strategies, and 
providing a new emphasis on certain types of species and 
habitats.
    The bill would authorize $600 million annually for fiscal 
years 2002 through 2006 for the new grant programs. In 
addition, the bill would authorize $9 million for a one-time 
grant to New Hampshire. Finally, the bill would increase 
authorizations of appropriations for endangered species 
conservation grants, North American wetlands conservation 
grants, and wildlife grants by a total of $162 million over the 
2002-2006 period.
    Assuming appropriation of the necessary amounts, CBO 
estimates that implementing S. 990 would cost $109 million in 
fiscal year 2002 and about $2.2 billion over the 2002-2006 
period. S. 990 would have no effect on direct spending or 
receipts; therefore, pay-as-you-go procedures would not apply.
    S. 990 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
and would impose no costs on State, local, or tribal 
governments. A great deal of the funds authorized by this 
legislation would go to State, local, and tribal governments. 
Any costs incurred by these governments to meet the conditions 
of this assistance would be voluntary.

                ESTIMATED COST TO THE FEDERAL GOVERNMENT

    CBO estimates that S. 990 would authorize appropriations of 
$627 million for fiscal year 2002 and a total of $3.2 billion 
over the 2002-2006 period for USFWS grants. The estimated 
budgetary impact of S. 990 is shown in the following table. The 
costs of this legislation fall within budget function 300 
(natural resources and environment).


                 By Fiscal Year, in Millions of Dollars
------------------------------------------------------------------------
                                   2002    2003    2004    2005    2006
------------------------------------------------------------------------
 CHANGES IN SPENDING SUBJECT TO
          APPROPRIATION
Authorization Levels Specified
 by S. 990......................
    Authorization Level.........     609     600     600     600     600
    Estimated Outlays...........     105     306     504     564     600

Indefinite Authorizations.......
    Estimated Authorization           18      25      36      41      42
     Level......................
    Estimated Outlays...........       4      12      24      35      39

Total...........................
    Estimated Authorization          627     625     636     641     642
     Level......................
    Estimated Outlays...........     109     318     528     599     639
------------------------------------------------------------------------

                           BASIS OF ESTIMATE

    For this estimate, CBO assumes that S. 990 will be enacted 
in fiscal year 2002 and that the specified and estimated 
authorization amounts will be appropriated each year. We 
further assume that such appropriations will supplement 
existing appropriations for USFWS grants. (For fiscal year 2002 
to date, the agency has received funding of nearly $920 million 
for its grant programs--$276 million in appropriations acts and 
about $644 million from permanent indefinite authority.) 
Outlays are estimated on the basis of historic spending 
patterns for USFWS conservation grant programs.
Specified Authorization Levels
    The bill specifies authorization levels for the four new 
USFWS grant programs that would be established by the bill, 
including:
    
  Wildlife conservation and restoration grants. 
Title I would authorize appropriations of $350 million annually 
for the existing wildlife conservation and restoration account 
within the Federal aid-wildlife fund (Pittman-Robertson fund). 
Under S. 990, the account would continue to fund conservation 
and restoration grants, particularly those that focus on 
nongame species.
    
  Endangered and threatened species recovery 
assistance. Title II would authorize appropriations of $150 
million annually for grants to implement recovery plans for 
threatened and endangered species and species that may become 
threatened (known as at-risk species). The new grant program 
would focus on plans that emphasize multiple species and broad 
ecosystems. Those eligible for the new grants would include 
nonprofit organizations and private landowners.
    
  Nonfederal land conservation grants. Title III 
would authorize appropriations of $50 million annually for 
grants to conserve lands and waters that are nationally or 
regionally significant but not owned by the Federal government. 
The grants would be used by States or groups of States to 
acquire lands or other property interests such as easements for 
permanent protection of important ecosystems. Title III also 
would authorize a one-time appropriation of $9 million to New 
Hampshire for the purchase of a conservation easement on a 
property in the northern part of the State.
    
  Conservation and restoration of shrubland and 
grassland. Title IV would authorize appropriations of $50 
million annually for grants to enhance or restore grasslands or 
shrublands that are the habitats of endangered, threatened, or 
at-risk species. Land trusts and other conservation-oriented 
entities would use the grants for activities such as land 
erosion control, planting of native species, and restoration of 
riverfront areas.
Estimated Authorizations
    CBO estimates that the bill also would increase indefinite 
authorizations for existing endangered species grants, North 
American wetlands grants, and (after 2005) Federal aid-wildlife 
conservation grants by $162 million over the next five years. 
(After 2006, when the specific authorizations in S. 990 end, 
the increases in indefinite authorizations caused by the bill 
would fall rapidly and disappear after 2010.) These increases 
would occur indirectly, as a result of authorizing new 
appropriations to the Pittman-Robertson fund.
    Interest on Balances in the Pittman-Robertson Fund. Under 
existing law, interest earned on balances in the Pittman-
Robertson fund is available in the following year without 
further appropriation either for grants made under the North 
American Wetlands Conservation Act (through 2005) or for 
traditional Federal aid-wildlife conservation grants (after 
2005). Assuming appropriations to the wildlife conservation and 
restoration account in the Pittman-Robertson fund of the entire 
amounts authorized by title I, CBO estimates that interest 
earnings would increase by between $7 million and $23 million 
annually between fiscal years 2002 and 2006. The interest 
earned would be available without further appropriation 
(beginning in 2003), but because such earnings would depend on 
the appropriation of funds to the account, they are considered 
to be discretionary for Federal budgetary purposes.
    Cooperative Endangered Species Conservation Grants. Another 
provision of existing law authorizes the appropriation of 
amounts transferred to the Cooperative Endangered Species 
Conservation Fund (CESCF) each year from the general fund of 
the Treasury. The transfer is equal to 5 percent of each year's 
total deposits (including interest earnings) to the Pittman-
Robertson fund and the sport fish restoration account of the 
Aquatic Resources Trust Fund. Appropriation of an additional 
$350 million to the wildlife conservation and restoration 
account in the Pittman-Robertson fund would increase transfers 
from the general fund to the CESCF (and, correspondingly, the 
indefinite authorization level for appropriations from that 
fund) by $18 million to $19 million a year beginning in 2002.
Pay-As-You-Go Considerations: None.

              INTERGOVERNMENTAL AND PRIVATE-SECTOR IMPACT

    S. 990 contains no intergovernmental or private-sector 
mandates as defined in UMRA and would impose no costs on State, 
local, or tribal governments. A great deal of the funds 
authorized by this legislation would go to State, local, and 
tribal governments. Any costs incurred by these governments to 
meet the conditions of this assistance would be voluntary.
Estimate Prepared by: Federal Costs: Deborah Reis; Impact on 
State, Local, and Tribal Governments: Marjorie Miller; Impact 
on the Private Sector: Lauren Marks.
Estimate Approved by: Peter H. Fontaine, Deputy Assistant 
Director for Budget Analysis.

                        Changes in Existing Law

    In compliance with section 12 of rule XXVI of the Standing 
Rules of the Senate, changes in existing law made by the bill 
as reported are shown as follows: Existing law proposed to be 
omitted is enclosed in [black brackets], new matter is printed 
in italic, existing law in which no change is proposed is shown 
in roman:
                              ----------                              


               PITTMAN-ROBERTSON WILDLIFE RESTORATION ACT

          [Chapter 899, Approved Sept. 2, 1937, 50 Stat. 917]

          [Amended through Public Law 106-553, Dec. 21, 2000]

   AN ACT To provide that the United States shall aid the States in 
         wildlife-restoration projects, and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, [16 U.S.C. 
669] [That the]

SECTION 1. COOPERATION OF SECRETARY OF THE INTERIOR WITH STATES.

    The [Secretary of Agriculture] \1\ Secretary is authorized 
to cooperate with the States, through their respective State 
fish and game departments, in wildlife-restoration projects as 
hereinafter set forth; but no money apportioned under this Act 
to any State shall be expended therein until its legislature, 
or other State agency authorized by the State constitution to 
make laws governing the conservation of wildlife, shall have 
assented to the provision of this Act and shall have passed 
laws for the conservation of wildlife which shall include a 
prohibition against the diversion of license fees paid by 
hunters for any other purpose than the administration of said 
State fish and game department, except that, until the final 
adjournment of the first regular session of the legislature 
held after the passage of this Act, the assent of the Governor 
of the State shall be sufficient. The [Secretary of 
Agriculture] \1\ Secretary and the State fish and game 
department of each State accepting the benefits of this Act 
shall agree upon the wildlife-restoration projects to be aided 
in such State under the terms of this Act and all projects 
shall conform to the standards fixed by the Secretary of 
Agriculture. \1\
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    \1\ Reorganization Plan No. II of 1939, transferred functions of 
the Secretary of Agriculture relating to conservation of wildlife, 
game, and migratory birds to the Secretary of the Interior.
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[SEC. 2. [16 U.S.C. 669A] DEFINITIONS.

    [As used in this Act--
            [(1) the term ``conservation'' means the use of 
        methods and procedures necessary or desirable to 
        sustain healthy populations of wildlife, including all 
        activities associated with scientific resources 
        management such as research, census, monitoring of 
        populations, acquisition, improvement and management of 
        habitat, live trapping and transplantation, wildlife 
        damage management, and periodic or total protection of 
        a species or population, as well as the taking of 
        individuals within wildlife stock or population if 
        permitted by applicable State and Federal law;
            [(2) the term ``Secretary'' means the Secretary of 
        the Interior;
            [(3) the term ``State fish and game department'' or 
        ``State fish and wildlife department'' means any 
        department or division of department of another name, 
        or commission, or official or officials, of a State 
        empowered under its laws to exercise the functions 
        ordinarily exercised by a State fish and game 
        department or State fish and wildlife department.
            [(4) the term ``wildlife'' means any species of 
        wild, free-ranging fauna including fish, and also fauna 
        in captive breeding programs the object of which is to 
        reintroduce individuals of a depleted indigenous 
        species into previously occupied range;
            [(5) the term ``wildlife-associated recreation'' 
        means projects intended to meet the demand for outdoor 
        activities associated with wildlife including, but not 
        limited to, hunting and fishing, wildlife observation 
        and photography, such projects as construction or 
        restoration of wildlife viewing areas, observation 
        towers, blinds, platforms, land and water trails, water 
        access, field trialing, trail heads, and access for 
        such projects;
            [(6) the term ``wildlife conservation and 
        restoration program'' means a program developed by a 
        State fish and wildlife department and approved by the 
        Secretary under section 304(d), the projects that 
        constitute such a program, which may be implemented in 
        whole or part through grants and contracts by a State 
        to other State, Federal, or local agencies (including 
        those that gather, evaluate, and disseminate 
        information on wildlife and their habitats), wildlife 
        conservation organizations, and outdoor recreation and 
        conservation education entities from funds apportioned 
        under this title, and maintenance of such projects;
            [(7) the term ``wildlife conservation education'' 
        means projects, including public outreach, intended to 
        foster responsible natural resource stewardship; and
            [(8) the term ``wildlife-restoration project'' 
        includes the wildlife conservation and restoration 
        program and means the selection, restoration, 
        rehabilitation, and improvement of areas of land or 
        water adaptable as feeding, resting, or breeding places 
        for wildlife, including acquisition of such areas or 
        estates or interests therein as are suitable or capable 
        of being made suitable therefor, and the construction 
        thereon or therein of such works as may be necessary to 
        make them available for such purposes and also 
        including such research into problems of wildlife 
        management as may be necessary to efficient 
        administration affecting wildlife resources, and such 
        preliminary or incidental costs and expenses as may be 
        incurred in and about such projects.]

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Account.--The term ``Account'' means the 
        Wildlife Conservation and Restoration Account 
        established by section 3(a)(2).
            (2) Conservation.--
                    (A) In general.--The term ``conservation'' 
                means the use of a method or procedure 
                necessary or desirable--
                            (i) to sustain healthy populations 
                        of wildlife; or
                            (ii) to restore declining 
                        populations of wildlife.
                    (B) Inclusions.--The term ``conservation'' 
                includes any activity associated with 
                scientific resources management, such as--
                            (i) research;
                            (ii) census;
                            (iii) monitoring of populations;
                            (iv) acquisition, improvement, and 
                        management of habitat;
                            (v) live trapping and 
                        transplantation;
                            (vi) wildlife damage management;
                            (vii) periodic or total protection 
                        of a species or population; and
                            (viii) the taking of individuals 
                        within a wildlife stock or population 
                        if permitted by applicable Federal law, 
                        State law, or law of the District of 
                        Columbia, a territory, or an Indian 
                        tribe for the purpose of protecting 
                        wildlife in decline.
            (3) Fund.--The term ``fund'' means the Federal aid 
        to wildlife restoration fund established by section 
        3(a)(1).
            (4) Indian tribe.--The term ``Indian tribe'' has 
        the meaning given the term in section 4 of the Indian 
        Self-Determination and Education Assistance Act (25 
        U.S.C. 450b).
            (5) Secretary.--The term ``Secretary'' means the 
        Secretary of the Interior.
            (6) State fish and game department.--The term 
        ``State fish and game department'' means any department 
        or division of a department of another name, or 
        commission, or 1 or more officials, of a State, the 
        District of Columbia, a territory, or an Indian tribe 
        empowered under the laws of the State, the District of 
        Columbia, the territory, or the Indian tribe, 
        respectively, to exercise the functions ordinarily 
        exercised by a State fish and game department or a 
        State fish and wildlife department.
            (7) Territory.--The term ``territory'' means Puerto 
        Rico, Guam, American Samoa, the Commonwealth of the 
        Northern Mariana Islands, and the Virgin Islands.
            (8) Wildlife.--
                    (A) In general.--Except as provided in 
                subparagraph (B), the term ``wildlife'' means--
                            (i) any species of wild, free-
                        ranging fauna (excluding fish); and
                            (ii) any species of fauna 
                        (excluding fish) in a captive breeding 
                        program the object of which is to 
                        reintroduce individuals of a depleted 
                        native species into the previously 
                        occupied range of the species.
                    (B) Wildlife conservation and restoration 
                program.--For the purposes of each wildlife 
                conservation and restoration program, the term 
                ``wildlife'' includes fish and native plants.
            (9) Wildlife-associated recreation project.--The 
        term ``wildlife-associated recreation project'' means--
                    (A) a project intended to meet the demand 
                for an outdoor activity associated with 
                wildlife, such as hunting, fishing, and 
                wildlife observation and photography;
                    (B) a project such as construction or 
                restoration of a wildlife viewing area, 
                observation tower, blind, platform, land or 
                water trail, water access route, area for field 
                trialing, or trail head; and
                    (C) a project to provide access for a 
                project described in subparagraph (A) or (B).
            (10) Wildlife conservation and restoration 
        program.--The term ``wildlife conservation and 
        restoration program'' means a program developed by a 
        State fish and game department and approved by the 
        Secretary under section 12.
            (11) Wildlife conservation education project.--The 
        term ``wildlife conservation education project'' means 
        a project, including public outreach, that is intended 
        to foster responsible natural resource stewardship.
            (12) Wildlife-restoration project.--
                    (A) In general.--The term ``wildlife-
                restoration project'' means a project 
                consisting of the selection, restoration, 
                rehabilitation, or improvement of an area of 
                land or water (including a property interest in 
                land or water) that is adaptable as a feeding, 
                resting, or breeding place for wildlife.
                    (B) Inclusions.--The term ``wildlife-
                restoration project'' includes--
                            (i) acquisition of an area of land 
                        or water described in subparagraph (A) 
                        that is suitable or capable of being 
                        made suitable for feeding, resting, or 
                        breeding by wildlife;
                            (ii) restoration or rehabilitation 
                        of an area of land or water described 
                        in subparagraph (A) (such as through 
                        management of habitat and invasive 
                        species);
                            (iii) construction in an area 
                        described in subparagraph (A) of such 
                        works as are necessary to make the area 
                        available for feeding, resting, or 
                        breeding by wildlife;
                            (iv) such research into any problem 
                        of wildlife management as is necessary 
                        for efficient administration of 
                        wildlife resources; and
                            (v) such preliminary or incidental 
                        expenses as are incurred with respect 
                        to activities described in this 
                        paragraph.

    [Sec. 3. [16 U.S.C. 669b] (a)(1) An]

SEC. 3. FEDERAL AID TO WILDLIFE RESTORATION FUND.

    (a) In General.--
            (1) Federal aid to wildlife restoration fund.--An 
        amount equal to all revenues accruing each fiscal year 
        (beginning with the fiscal year 1975) from any tax 
        imposed on specified articles by sections 4161(b) and 
        4181 of the Internal Revenue Code of 1986 (26 U.S.C. 
        4161(b), 4181) shall, subject to the exemptions in 
        section 4182 of such Code, be covered into the Federal 
        aid to wildlife restoration fund (other than the 
        Account) in the Treasury [(hereinafter referred to as 
        the ``fund'')] and is authorized to be appropriated and 
        made available until expended to carry out the purposes 
        of this Act \2\ (other than sections 4(d) and 12). So 
        much of such appropriation apportioned to any State for 
        any fiscal year as remains unexpended at the close 
        thereof is authorized to be made available for 
        expenditure in that State until the close of the 
        succeeding fiscal year. Any amount apportioned to any 
        State under the provisions of this Act which is 
        unexpended or unobligated at the end of the period 
        during which it is available for expenditure on any 
        project is authorized to be made available for 
        expenditure by the Secretary of Agriculture in carrying 
        out the provisions of the Migratory Bird Conservation 
        Act.
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    \2\ The Act of September 6, 1950 (Chapter 896; 64 Stat. 595) in 
title I of chapter VII under the heading Fish and Wildlife Service, 
provides:
    For carrying out the provisions of the Act of September 2, 1937, as 
amended (16 U.S.C. 669-669j), amounts equal to the sums credited during 
the next preceding fiscal year and each fiscal year thereafter to the 
special fund created by said Act.
    This chapter may be cited as the ``Interior Department 
Appropriation Act, 1951''.
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            [(2)There is established in the Federal aid to 
        wildlife restoration fund a subaccount to be known as 
        the ``Wildlife Conservation and Restoration Account''. 
        There are authorized to be appropriated for the 
        purposes of the Wildlife Conservation and Restoration 
        Account $50,000,000 in fiscal year 2001 for 
        apportionment in accordance with this Act to carry out 
        State wildlife conservation and restoration programs. 
        Further, interest on amounts transferred shall be 
        treated in a manner consistent with 16 U.S.C. 
        669(b)(1)).]
            (2) Wildlife conservation and restoration 
        account.--
                    (A) Establishment.--There is established in 
                the fund an account to be known as the 
                ``Wildlife Conservation and Restoration 
                Account'.
                    (B) Funding.--
                            (i) In general.--There are 
                        authorized to be appropriated to the 
                        Account for apportionment to States, 
                        the District of Columbia, territories, 
                        and Indian tribes in accordance with 
                        section 4(d)--
                                    (I) $50,000,000 for fiscal 
                                year 2001; and
                                    (II) $350,000,000 for each 
                                of fiscal years 2002 through 
                                2006.
                            (ii) Availability.--Notwithstanding 
                        the matter under the heading ``federal 
                        aid in wildlife restoration'' under the 
                        heading ``Fish and Wildlife Service'' 
                        in title I of chapter VII of the 
                        General Appropriation Act, 1951 (64 
                        Stat. 693), the amount appropriated 
                        under clause (i)(II) for each of fiscal 
                        years 2002 through 2006 shall be 
                        available for obligation in that fiscal 
                        year.
    (b)(1) The Secretary of the Treasury shall invest in 
interest-bearing obligations of the United States such portion 
of the fund as is not, in his judgment, required for meeting a 
current year's withdrawals. For purposes of such investment, 
the Secretary of the Treasury may--
            (A) acquire obligations at the issue price and 
        purchase outstanding obligations at the market price; 
        and
            (B) sell obligations held in the fund at the market 
        price.
    (2) The interest on obligations held in the fund--
            (A) shall be credited to the fund;
            (B) constitute the sums available for allocation by 
        the Secretary under section 8 of the North American 
        Wetlands Conservation Act; and
            (C) shall become available for apportionment under 
        this Act at the beginning of fiscal year 2006.
    [(c)(1) Amounts transferred to the Wildlife Conservation 
and Restoration Account shall supplement, but not replace, 
existing funds available to the States from the sport fish 
restoration account and wildlife restoration account and shall 
be used for the development, revision, and implementation of 
wildlife conservation and restoration programs and should be 
used to address the unmet needs for a diverse array of wildlife 
and associated habitats, including species that are not hunted 
or fished, for wildlife conservation, wildlife conservation 
education, and wildlife-associated recreation projects. Such 
funds may be used for new programs and projects as well as to 
enhance existing programs and projects.
    [(2) Funds may be used by a State or an Indian tribe for 
the planning and implementation of its wildlife conservation 
and restoration program and wildlife conservation strategy, as 
provided in sections 4(d) and (e) of this Act, including 
wildlife conservation, wildlife conservation education, and 
wildlife-associated recreation projects. Such funds may be used 
for new programs and projects as well as to enhance existing 
programs and projects.
    [(3) Priority for funding from the Wildlife Conservation 
and Restoration Account shall be for those species with the 
greatest conservation need as defined by the State wildlife 
conservation and restoration program.
    [(d) Notwithstanding subsections (a) and (b) of this 
section, with respect to amounts transferred to the Wildlife 
Conservation and Restoration Account, so much of such amounts 
apportioned to any State for any fiscal year as remains 
unexpended at the close thereof shall remain available for 
obligation in that State until the close of the second 
succeeding fiscal year.]

SEC. 4. [16 U.S.C. 669C] ALLOCATION AND APPORTIONMENT OF AVAILABLE 
                    AMOUNTS.

    (a) Set-Aside for Expenses for Administration of the 
Pittman-Robertson Wildlife Restoration Act.--
            (1) In general.--
                    (A) Set-aside.--For fiscal year 2001 and 
                each fiscal year thereafter, of the revenues 
                (excluding interest accruing under section 
                3(b)) covered into the fund (other than the 
                Account) for the fiscal year, the [Secretary of 
                the Interior] Secretary may use not more than 
                the available amount specified in subparagraph 
                (B) for the fiscal year for expenses for 
                administration incurred in implementation of 
                this Act (other than subsection (d) and 
                sections 3(a)(2) and 12), in accordance with 
                this subsection and section 9.
                    (B) Available amounts.--The available 
                amount referred to in subparagraph (A) is--
                            (i) for each of fiscal years 2001 
                        and 2002, $9,000,000;
                            (ii) for fiscal year 2003, 
                        $8,212,000; and
                            (iii) for fiscal year 2004 and each 
                        fiscal year thereafter, the sum of--
                                    (I) the available amount 
                                for the preceding fiscal year; 
                                and
                                    (II) the amount determined 
                                by multiplying--
                                            (aa) the available 
                                        amount for the 
                                        preceding fiscal year; 
                                        and
                                            (bb) the change, 
                                        relative to the 
                                        preceding fiscal year, 
                                        in the Consumer Price 
                                        Index for All Urban 
                                        Consumers published by 
                                        the Department of 
                                        Labor.
            (2) Period of availability; apportionment of 
        unobligated amounts.--
                    (A) Period of availability.--For each 
                fiscal year, the available amount under 
                paragraph (1) shall remain available for 
                obligation for use under that paragraph until 
                the end of the fiscal year.
                    (B) Apportionment of unobligated amounts.--
                Not later than 60 days after the end of a 
                fiscal year, the [Secretary of the Interior] 
                Secretary shall apportion among the States any 
                of the available amount under paragraph (1) 
                that remains unobligated at the end of the 
                fiscal year, on the same basis and in the same 
                manner as other amounts made available under 
                this Act from the fund (other than the Account) 
                are apportioned among the States for the fiscal 
                year.
    (b) Apportionment to States.--The [Secretary of the 
Interior] Secretary, after deducting the available amount under 
subsection (a), the amount apportioned under subsection (c), 
any amount apportioned under section 8A, and amounts provided 
as grants under sections 10 and 11, shall apportion the 
remainder of the revenue in [said fund] the fund (other than 
the Account) for each fiscal year among the several States in 
the following manner: One-half in the ratio which the area of 
each State bears to the total area of all the States, and one-
half in the ratio which the number of paid hunting-license 
holders of each State in the second fiscal year preceding the 
fiscal year for which such apportionment is made, as certified 
to said Secretary by the State fish and game departments, bears 
to the total number of paid hunting-license holders of all the 
States. Such apportionments shall be adjusted equitably so that 
no State shall receive less than one-half of 1 per centum nor 
more than 5 per centum of the total amount apportioned. The 
term fiscal year as used in this Act shall be a period of 
twelve consecutive months from October 1 through the succeeding 
September 30, except that the period for enumeration of paid 
hunting-license holders shall be a State's fiscal or license 
year.
    (c) One-half of the revenues accruing to the fund under 
this Act each fiscal year (beginning with the fiscal year 1975) 
from any tax imposed on pistols, revolvers, bows, and arrows 
shall be apportioned among the States in proportion to the 
ratio that the population of each State bears to the population 
of all the States: Provided, That each State shall be 
apportioned not more than 3 per centum and not less than 1 per 
centum of such revenues and Guam, the Virgin Islands, American 
Samoa, Puerto Rico, and the Northern Mariana Islands shall each 
be apportioned one-sixth of 1 per centum of such revenues. For 
the purpose of this subsection, population shall be determined 
on the basis of the latest decennial census for which figures 
are available, as certified by the Secretary of Commerce.
    [(c) \3\ Apportionment of Wildlife Conservation and 
Restoration Account.--
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    \3\ The second subsection (c) and subsection (d) were added by 
section 902(e) of H.R. 5548, as introduced in the 106th Congress and 
enacted into law by section 1(a)(2) of Public Law 106-553.
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            [(1) The [Secretary of the Interior] Secretary 
        shall make the following apportionment from the 
        Wildlife Conservation and Restoration Account:
                    [(A) to \4\ the District of Columbia and to 
                the Commonwealth of Puerto Rico, each a sum 
                equal to not more than one-half of 1 percent 
                thereof.
---------------------------------------------------------------------------
    \4\ So in law. Should be ``To''.
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                    [(B) to \4\ Guam, American Samoa, the 
                Virgin Islands, and the Commonwealth of the 
                Northern Mariana Islands, each a sum equal to 
                not more than one-fourth of 1 percent thereof.
            [(2)(A) The [Secretary of the Interior] Secretary, 
        after making the apportionment under paragraph (1), 
        shall apportion the remaining amount in the Wildlife 
        Conservation and Restoration Account for each fiscal 
        year among the States in the following manner:
                    [(i) one-third of which is based on the 
                ratio to which the land area of such State 
                bears to the total land area of all such 
                States; and
                    [(ii) two-thirds of which is based on the 
                ratio to which the population of such State 
                bears to the total population of all such 
                States.
            (B) The amounts apportioned under this paragraph 
        shall be adjusted equitably so that no such State shall 
        be apportioned a sum which is less than one percent of 
        the amount available for apportionment under this 
        paragraph for any fiscal year or more than five percent 
        of such amount.
            [(3) Of the amounts transferred to the Wildlife 
        Conservation and Restoration Account, not to exceed 3 
        percent shall be available for any Federal expenses 
        incurred in the administration and execution of 
        programs carried out with such amounts.
    [(d) Wildlife Conservation and Restoration Programs.--
            [(1) Any State, through its fish and wildlife 
        department, may apply to the [Secretary of the 
        Interior] Secretary for approval of a wildlife 
        conservation and restoration program, or for funds from 
        the Wildlife Conservation and Restoration Account, to 
        develop a program. To apply, a State shall submit a 
        comprehensive plan that includes--
                    [(A) provisions vesting in the fish and 
                wildlife department of the State overall 
                responsibility and accountability for the 
                program;
                    [(B) provisions for the development and 
                implementation of--
                            [(i) wildlife conservation projects 
                        that expand and support existing 
                        wildlife programs, giving appropriate 
                        consideration to all wildlife;
                            [(ii) wildlife-associated 
                        recreation projects; and
                            [(iii) wildlife conservation 
                        education projects pursuant to programs 
                        under section 8(a); and
                    [(C) provisions to ensure public 
                participation in the development, revision, and 
                implementation of projects and programs 
                required under this paragraph.
                    [(D) Wildlife conservation strategy.--
                Within five years of the date of the initial 
                apportionment, develop and begin implementation 
                of a wildlife conservation strategy based upon 
                the best available and appropriate scientific 
                information and data that--
                            [(i) uses such information on the 
                        distribution and abundance of species 
                        of wildlife, including low population 
                        and declining species as the State fish 
                        and wildlife department deems 
                        appropriate, that are indicative of the 
                        diversity and health of wildlife of the 
                        State;
                            [(ii) identifies the extent and 
                        condition of wildlife habitats and 
                        community types essential to 
                        conservation of species identified 
                        under paragraph (1);
                            [(iii) identifies the problems 
                        which may adversely affect the species 
                        identified under paragraph (1) or their 
                        habitats, and provides for priority 
                        research and surveys to identify 
                        factors which may assist in restoration 
                        and more effective conservation of such 
                        species and their habitats;
                            [(iv) determines those actions 
                        which should be taken to conserve the 
                        species identified under paragraph (1) 
                        and their habitats and establishes 
                        priorities for implementing such 
                        conservation actions;
                            [(v) provides for periodic 
                        monitoring of species identified under 
                        paragraph (1) and their habitats and 
                        the effectiveness of the conservation 
                        actions determined under paragraph (4), 
                        and for adapting conservation actions 
                        as appropriate to respond to new 
                        information or changing conditions;
                            [(vi) provides for the review of 
                        the State wildlife conservation 
                        strategy and, if appropriate, revision 
                        at intervals of not more than ten 
                        years;
                            [(vii) provides for coordination to 
                        the extent feasible the State fish and 
                        wildlife department, during the 
                        development, implementation, review, 
                        and revision of the wildlife 
                        conservation strategy, with Federal, 
                        State, and local agencies and Indian 
                        tribes that manage significant areas of 
                        land or water within the State, or 
                        administer programs that significantly 
                        affect the conservation of species 
                        identified under paragraph (1) or their 
                        habitats.
            [(2) A State shall provide an opportunity for 
        public participation in the development of the 
        comprehensive plan required under paragraph (1).
            [(3) If the Secretary finds that the comprehensive 
        plan submitted by a State complies with paragraph (1), 
        the Secretary shall approve the wildlife conservation 
        and restoration program of the State and set aside from 
        the apportionment to the State made pursuant to 
        subsection (c) an amount that shall not exceed 75 
        percent of the estimated cost of developing and 
        implementing the program.
            [(4)(A) Except as provided in subparagraph (B), 
        after the Secretary approves a State's wildlife 
        conservation and restoration program, the Secretary may 
        make payments on a project that is a segment of the 
        State's wildlife conservation and restoration program 
        as the project progresses. Such payments, including 
        previous payments on the project, if any, shall not be 
        more than the United States pro rata share of such 
        project. The Secretary, under such regulations as he 
        may prescribe, may advance funds representing the 
        United States pro rata share of a project that is a 
        segment of a wildlife conservation and restoration 
        program, including funds to develop such program.
            [(B) Not more than 10 percent of the amounts 
        apportioned to each State under this section for a 
        State's wildlife conservation and restoration program 
        may be used for wildlife-associated recreation.
            [(5) For purposes of this subsection, the term 
        ``State'' shall include the District of Columbia, the 
        Commonwealth of Puerto Rico, the Virgin Islands, Guam, 
        American Samoa, and the Commonwealth of the Northern 
        Mariana Islands.]
    (d) Apportionment of Amounts in the Account.--
            (1) Deduction for administrative expenses.--For 
        each fiscal year, the Secretary may deduct, for payment 
        of administrative expenses incurred by the Secretary in 
        carrying out activities funded from the Account, not 
        more than 3 percent of the total amount of the Account 
        available for apportionment for the fiscal year.
            (2) Apportionment to district of columbia, 
        territories, and indian tribes.--
                    (A) In general.--For each fiscal year, 
                after making the deduction under paragraph (1), 
                the Secretary shall apportion from the amount 
                in the Account remaining available for 
                apportionment--
                            (i) to each of the District of 
                        Columbia and the Commonwealth of Puerto 
                        Rico, a sum equal to not more than \1/
                        2\ of 1 percent of that remaining 
                        amount;
                            (ii) to each of Guam, American 
                        Samoa, the Commonwealth of the Northern 
                        Mariana Islands, and the Virgin 
                        Islands, a sum equal to not more than 
                        \1/4\ of 1 percent of that remaining 
                        amount; and
                            (iii) to Indian tribes, a sum equal 
                        to not more than 2\1/4\ percent of that 
                        remaining amount, of which, subject to 
                        subparagraph (B)--
                                    (I) \1/3\ shall be 
                                apportioned among Indian tribes 
                                based on the ratio that the 
                                trust land area of each Indian 
                                tribe bears to the total trust 
                                land area of all Indian tribes; 
                                and
                                    (II) \2/3\ shall be 
                                apportioned among Indian tribes 
                                based on the ratio that the 
                                population of each Indian tribe 
                                bears to the total population 
                                of all Indian tribes.
                    (B) Maximum apportionment for each indian 
                tribe.--For each fiscal year, the amounts 
                apportioned under subparagraph (A)(iii) shall 
                be adjusted proportionately so that no Indian 
                tribe is apportioned a sum that is more than 5 
                percent of the amount available for 
                apportionment under subparagraph (A)(iii) for 
                the fiscal year.
            (3) Apportionment to states.--
                    (A) In general.--Subject to subparagraph 
                (B), for each fiscal year, after making the 
                deduction under paragraph (1) and the 
                apportionment under paragraph (2), the 
                Secretary shall apportion the amount in the 
                Account remaining available for apportionment 
                among States in the following manner:
                            (i) \1/3\ based on the ratio that 
                        the area of each State bears to the 
                        total area of all States.
                            (ii) \2/3\ based on the ratio that 
                        the population of each State bears to 
                        the total population of all States.
                    (B) Minimum and maximum apportionments.--
                For each fiscal year, the amounts apportioned 
                under this paragraph shall be adjusted 
                proportionately so that no State is apportioned 
                a sum that is--
                            (i) less than 1 percent of the 
                        amount available for apportionment 
                        under this paragraph for the fiscal 
                        year; or
                            (ii) more than 5 percent of that 
                        amount.
            (4) Use.--
                    (A) In general.--Apportionments under 
                paragraphs (2) and (3)--
                            (i) shall supplement, but not 
                        supplant, funds available to States, 
                        the District of Columbia, territories, 
                        and Indian tribes--
                                    (I) from the fund; or
                                    (II) from the Sport Fish 
                                Restoration Account established 
                                by section 9504(a) of the 
                                Internal Revenue Code of 1986; 
                                and
                            (ii) shall be used to address the 
                        unmet needs for wildlife (including 
                        species that are not hunted or fished, 
                        and giving priority to species that are 
                        in decline), and the habitats on which 
                        the wildlife depend, for projects 
                        authorized to be carried out as part of 
                        wildlife conservation and restoration 
                        programs in accordance with section 12.
                    (B) Prohibition on diversion.--A State, the 
                District of Columbia, a territory, or an Indian 
                tribe shall not be eligible to receive an 
                apportionment under paragraph (2) or (3) if the 
                Secretary determines that the State, the 
                District of Columbia, the territory, or the 
                Indian tribe respectively, diverts funds from 
                any source of revenue (including interest, 
                dividends, and other income earned on the 
                revenue) available to the State, the District 
                of Columbia, the territory, or the Indian tribe 
                after January 1, 2000, for conservation of 
                wildlife for any purpose other than the 
                administration of the State fish and game 
                department in carrying out wildlife 
                conservation activities.
            (5) Period of availability of apportionments.--
        Notwithstanding section 3(a)(1), for each fiscal year, 
        the apportionment to a State, the District of Columbia, 
        a territory, or an Indian tribe from the Account under 
        this subsection shall remain available for obligation 
        until the end of the second following fiscal year.

    Sec. 5. [16 U.S.C. 669d] For each fiscal year, the 
[Secretary of the Interior] Secretary shall certify, at the 
time at which a deduction or apportionment is made, to the 
Secretary of the Treasury and to each State fish and game 
department the sum which he has estimated to be deducted for 
administering this Act and the Migratory Bird Conservation Act 
and the sum which he has apportioned to each State. Any State 
desiring to avail itself of the benefits of this Act shall 
notify the [Secretary of the Interior] Secretary to this effect 
within sixty days after it has received the certification 
referred to in this section. The sum apportioned to any State 
which fails to notify the [Secretary of the Interior] Secretary 
as herein provided is authorized to be made available for 
expenditure by the [Secretary of the Interior] Secretary in 
carrying out the provisions of the Migratory Bird Conservation 
Act.

    [Sec. 6. [16 U.S.C. 669e]

SEC. 6. SUBMISSION AND APPROVAL OF PLANS AND PROJECTS.

    (a) Any State desiring to avail itself of the benefits of 
this Act (other than sections 4(d) and 12) shall, by its State 
fish and game department, submit programs or projects for 
wildlife restoration in either of the following two ways:
    (1) The State shall prepare and submit to the [Secretary of 
the Interior] Secretary a comprehensive fish and wildlife 
resource management plan which shall insure the perpetuation of 
these resources for the economic, scientific, and recreational 
enrichment of the people. Such plan shall be for a period of 
not less than five years and be based on projections of desires 
and needs of the people for a period of not less than fifteen 
years. It shall include provisions for updating at intervals of 
not more than three years and be provided in a format as may be 
required by the [Secretary of the Interior] Secretary. If the 
[Secretary of the Interior] Secretary finds that such plans 
conform to standards established by him and approves such 
plans, he may finance up to 75 per centum of the cost of 
implementing segments of those plans meeting the purposes of 
[this Act from funds apportioned under this Act] this Act 
(other than sections 4(d) and 12) from funds apportioned from 
the fund (other than the Account) under this Act upon this 
approval of an annual agreement submitted to him. \5\
---------------------------------------------------------------------------
    \5\ Margins of paragraphs (1) and (2) so in law.
---------------------------------------------------------------------------
    (2) A State may elect to avail itself of the benefits of 
this Act (other than sections 4(d) and 12) by its State fish 
and game department submitting to the [Secretary of the 
Interior] Secretary full and detailed statements of any 
wildlife-restoration project proposed for that State. If the 
[Secretary of the Interior] Secretary finds that such project 
meets with the standards set by him and approves said project, 
the State fish and game department shall furnish to him such 
surveys, plans, specifications, and estimates therefor as he 
may require. If the [Secretary of the Interior] Secretary 
approves the plans, specifications, and estimates for the 
project, he shall notify the State fish and game department and 
immediately set aside so much of [said fund as represents the 
share of the United States payable under this Act] the fund 
(other than the Account) as represents the share of the United 
States payable from the fund (other than the Account) under 
this Act on account of such project, which sum so set aside 
shall not exceed 75 per centum of the total estimated cost 
thereof. \1\
    The [Secretary of the Interior] Secretary shall approve 
only such comprehensive plans or projects as may be substantial 
in character and design and the expenditure of funds hereby 
authorized shall be applied only to such approved comprehensive 
wildlife plans or projects and if otherwise applied they shall 
be replaced by the State before it may participate in any 
further apportionment under this Act from the fund (other than 
the Account). No payment of any money apportioned under this 
Act from the fund (other than the Account) shall be made on any 
comprehensive wildlife plan or project until an agreement to 
participate therein shall have been submitted to and approved 
by the [Secretary of the Interior] Secretary.
    (b) If the State elects to avail itself of the benefits of 
this Act by preparing a comprehensive fish and wildlife plan 
under option (1) of subsection (a) of this section, then the 
term ``project'' may be defined for the purposes of this Act as 
a wildlife program, all other definitions notwithstanding.
    (c) Administrative costs in the form of overhead or 
indirect costs for services provided by State central service 
activities outside of the State agency having primary 
jurisdiction over the wildlife resources of the State which may 
be charged against programs or projects supported by the fund 
[established by section 3 of this Act] shall not exceed in any 
one fiscal year 3 per centum of the annual apportionment to the 
State.

    [Sec. 7. [16 U.S.C. 669f]

SEC. 7. PAYMENT OF FUNDS TO STATES.

    (a) When the [Secretary of the Interior] Secretary shall 
find that any project approved by him has been completed or, if 
involving research relating to wildlife, is being conducted, in 
compliance with said plans and specifications, he shall cause 
to be paid to the proper authority of said State the amount set 
aside for said project. The [Secretary of the Interior] 
Secretary may, in his discretion, from time to time, make 
payments on said project as the same progresses; but these 
payments, including previous payments, if any, shall not be 
more than the United States pro rata share of the project in 
conformity with said plans and specifications. If a State has 
elected to avail itself of the benefits of this Act by 
preparing a comprehensive fish and wildlife plan as provided 
for under option (1) of subsection (a) of section 6 of this 
Act, and this plan has been approved by the [Secretary of the 
Interior] Secretary, then the Secretary may, in his discretion, 
and under such rules and regulations as he may prescribe, 
advance funds to the State for financing the United States pro 
rata share agreed upon between the State fish and game 
department and the Secretary.
    (b) Any construction work and labor in each State shall be 
performed in accordance with its laws and under the direct 
supervision of the State fish and game department, subject to 
the inspection and approval of the [Secretary of the Interior] 
Secretary and in accordance with rules and regulations made 
pursuant to this Act. The [Secretary of the Interior] Secretary 
and the State fish and game department of each State may 
jointly determine at what times and in what amounts payments 
shall be made under this Act. Such payments shall be made by 
the Secretary of the Treasury, on warrants drawn by the 
[Secretary of the Interior] Secretary against the said fund to 
such official or officials, or depository, as may be designated 
by the State fish and game department and authorized under the 
laws of the State to receive public funds of the State.

    [Sec. 8. [16 U.S.C. 669g]

SEC. 8. MAINTENANCE OF PROJECTS; FUNDING OF HUNTER SAFETY PROGRAMS AND 
                    PUBLIC TARGET RANGES.

    (a) Maintenance of wildlife-restoration projects 
established under the provisions of this Act shall be the duty 
of the State in accordance with their respective laws. 
Beginning July 1, 1945, the term ``wildlife-restoration 
project'', as defined in section 2 of this Act, shall include 
maintenance of completed projects. Notwithstanding any other 
provisions of this Act, funds apportioned to a State under this 
Act may be expended by the State for management (exclusive of 
law enforcement and public relations) of wildlife areas and 
resources. [Funds from the Wildlife Conservation and 
Restoration Account may be used for a wildlife conservation 
education program, except that no such funds may be used for 
education efforts, projects, or programs that promote or 
encourage opposition to the regulated taking of wildlife.]
    (b) Each State may use the funds apportioned to it under 
section 4(c) to pay up to 75 per centum of the costs of a 
hunter safety program and the construction, operation, and 
maintenance of public target ranges, as a part of such program. 
The non-Federal share of such costs may be derived from license 
fees paid by hunters, but not from other Federal grant 
programs. The Secretary shall issue not later than the 120th 
day after the effective date of this subsection such 
regulations as he deems advisable relative to the criteria for 
the establishment of hunter safety programs and public target 
ranges under this subsection.

    [Sec. 8A. [16 U.S.C. 669g-1]

SEC. 8A. APPORTIONMENTS TO TERRITORIES.

    The [Secretary of the Interior] Secretary is authorized to 
cooperate with the Secretary of Agriculture of Puerto Rico, the 
Governor of Guam, the Governor of American Samoa, the Governor 
of the Commonwealth of the Northern Mariana Islands, and the 
Governor of the Virgin Islands, in the conduct of wildlife-
restoration projects, as defined in section 2 of this Act, and 
hunter safety programs as provided by section 8(b) of this Act, 
upon such terms and conditions as he shall deem fair, just, and 
equitable, and is authorized to apportion to Puerto Rico, Guam, 
American Samoa, the Commonwealth of the Northern Mariana 
Islands, and the Virgin Islands, out of the money available for 
apportionment from the fund (other than the Account) under this 
Act, such sums as he shall determine, not exceeding for Puerto 
Rico one-half of 1 per centum, for Guam one-sixth of 1 per 
centum, for American Samoa one-sixth of one per centum, and for 
the Commonwealth of the Northern Mariana Islands one-sixth of 1 
per centum, and for the Virgin Islands one-sixth of 1 per 
centum of the total amount apportioned, in any one year, but 
the Secretary shall in no event require any of said cooperating 
agencies to pay an amount which will exceed 25 per centum of 
the cost of any project. Any unexpended or unobligated balance 
of any apportionment made pursuant to this section shall be 
available for expenditure in Puerto Rico, Guam, American Samoa, 
the Commonwealth of the Northern Mariana Islands, or the Virgin 
Islands, as the case may be, in the succeeding year, on any 
approved project, and if unexpended or unobligated at the end 
of such year is authorized to be made available for expenditure 
by the [Secretary of the Interior] Secretary in carrying out 
the provisions of the Migratory Bird Conservation Act.

SEC. 9. [16 U.S.C. 669H] REQUIREMENTS AND RESTRICTIONS CONCERNING USE 
                    OF AMOUNTS FOR EXPENSES FOR ADMINISTRATION.

    (a) Authorized Expenses for Administration.--Except as 
provided in subsection (b), the [Secretary of the Interior] 
Secretary may use available amounts under [section 4(a)(1)] 
subsections (a)(1) and (d)(1) of section 4 only for expenses 
for administration that directly support the implementation of 
this Act that consist of--
            (1) personnel costs of employees who directly 
        administer this Act on a full-time basis;
            (2) personnel costs of employees who directly 
        administer this Act on a part-time basis for at least 
        20 hours each week, not to exceed the portion of those 
        costs incurred with respect to the work hours of the 
        employee during which the employee directly administers 
        this Act, as those hours are certified by the 
        supervisor of the employee;
            (3) support costs directly associated with 
        personnel costs authorized under paragraphs (1) and 
        (2), excluding costs associated with staffing and 
        operation of regional offices of the United States Fish 
        and Wildlife Service and the Department of the Interior 
        other than for the purposes of this Act;
            (4) costs of determining under section 6(a) whether 
        State comprehensive plans and projects are substantial 
        in character and design;
            (5) overhead costs, including the costs of general 
        administrative services, that are directly attributable 
        to administration of this Act and are based on--
                    (A) actual costs, as determined by a direct 
                cost allocation methodology approved by the 
                Director of the Office of Management and Budget 
                for use by Federal agencies; and
                    (B) in the case of costs that are not 
                determinable under subparagraph (A), an amount 
                per full-time equivalent employee authorized 
                under paragraphs (1) and (2) that does not 
                exceed the amount charged or assessed for costs 
                per full-time equivalent employee for any other 
                division or program of the United States Fish 
                and Wildlife Service;
            (6) costs incurred in auditing, every 5 years, the 
        wildlife and sport fish activities of each State fish 
        and game department and the use of funds under section 
        6 by each State fish and game department;
            (7) costs of audits under subsection (d);
            (8) costs of necessary training of Federal and 
        State full-time personnel who administer this Act to 
        improve administration of this Act;
            (9) costs of travel to States, territories, and 
        Canada by personnel who--
                    (A) administer this Act on a full-time 
                basis for purposes directly related to 
                administration of State programs or projects; 
                or
                    (B) administer grants under section 6, 10, 
                or 11;
            (10) costs of travel outside the United States 
        (except travel to Canada), by personnel who administer 
        this Act on a full-time basis, for purposes that 
        directly relate to administration of this Act and that 
        are approved directly by the Assistant Secretary for 
        Fish and Wildlife and Parks;
            (11) relocation expenses for personnel who, after 
        relocation, will administer this Act on a full-time 
        basis for at least 1 year, as certified by the Director 
        of the United States Fish and Wildlife Service at the 
        time at which the relocation expenses are incurred; and
            (12) costs to audit, evaluate, approve, disapprove, 
        and advise concerning grants under sections 6, 10, and 
        11.
    (b) Reporting of Other Uses.--
            (1) In general.--Subject to paragraph (2), if the 
        [Secretary of the Interior] Secretary determines that 
        available amounts under [section 4(a)(1)] subsections 
        (a)(1) and (d)(1) of section 4 should be used for an 
        expense for administration other than an expense for 
        administration described in subsection (a), the 
        Secretary--
                    (A) 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 expense 
                for administration and stating the amount of 
                the expense; and
                    (B) may use any such available amounts for 
                the expense for administration only after the 
                end of the 30-day period beginning on the date 
                of submission of the report under subparagraph 
                (A).
            (2) Maximum amount.--For any fiscal year, the 
        [Secretary of the Interior] Secretary may use under 
        paragraph (1) not more than $25,000.
    (c) Restriction on Use To Supplement General 
Appropriations.--The [Secretary of the Interior] Secretary 
shall not use available amounts under subsection (b) to 
supplement the funding of any function for which general 
appropriations are made for the United States Fish and Wildlife 
Service or any other entity of the Department of the Interior.
    (d) Audit Requirement.--
            (1) In general.--The Inspector General of the 
        Department of the Interior shall procure the 
        performance of biennial audits, in accordance with 
        generally accepted accounting principles, of 
        expenditures and obligations of amounts used by the 
        [Secretary of the Interior] Secretary for expenses for 
        administration incurred in implementation of this Act.
            (2) Auditor.--
                    (A) In general.--An audit under this 
                subsection shall be performed under a contract 
                that is awarded under competitive procedures 
                (as defined in section 4 of the Office of 
                Federal Procurement Policy Act (41 U.S.C. 403)) 
                by a person or entity that is not associated in 
                any way with the Department of the Interior 
                (except by way of a contract for the 
                performance of an audit or other review).
                    (B) Supervision of auditor.--The auditor 
                selected under subparagraph (A) shall report 
                to, and be supervised by, the Inspector General 
                of the Department of the Interior, except that 
                the auditor shall submit a copy of the biennial 
                audit findings to the [Secretary of the 
                Interior] Secretary at the time at which the 
                findings are submitted to the Inspector General 
                of the Department of the Interior.
            (3) Report to congress.--The Inspector General of 
        the Department of the Interior shall promptly submit to 
        the Committee on Resources of the House of 
        Representatives and the Committee on Environment and 
        Public Works of the Senate--
                    (A) a report on the results of each audit 
                under this subsection; and
                    (B) a copy of each audit under this 
                subsection.

SEC. 10. [16 U.S.C. 669H-1] FIREARM AND BOW HUNTER EDUCATION AND SAFETY 
                    PROGRAM GRANTS.

    (a) In General.--
            (1) Grants.--Of the revenues covered into the fund 
        (other than the Account), $7,500,000 for each of fiscal 
        years 2001 and 2002, and $8,000,000 for fiscal year 
        2003 and each fiscal year thereafter, shall be 
        apportioned among the States in the manner specified in 
        section 4(c) by the [Secretary of the Interior] 
        Secretary and used to make grants to the States to be 
        used for--
                    (A) in the case of a State that has not 
                used all of the funds apportioned to the State 
                under section 4(c) for the fiscal year in the 
                manner described in section 8(b)--
                            (i) the enhancement of hunter 
                        education programs, hunter and sporting 
                        firearm safety programs, and hunter 
                        development programs;
                            (ii) the enhancement of interstate 
                        coordination and development of hunter 
                        education and shooting range programs;
                            (iii) the enhancement of bow hunter 
                        and archery education, safety, and 
                        development programs; and
                            (iv) the enhancement of 
                        construction or development of firearm 
                        shooting ranges and archery ranges, and 
                        the updating of safety features of 
                        firearm shooting ranges and archery 
                        ranges; and
                    (B) in the case of a State that has used 
                all of the funds apportioned to the State under 
                section 4(c) for the fiscal year in the manner 
                described in section 8(b), any use authorized 
                by this Act (including hunter safety programs 
                and the construction, operation, and 
                maintenance of public target ranges but 
                excluding any use authorized solely by section 
                12).
            (2) Limitation on use.--Under paragraph (1), a 
        State shall not be required to use more than the amount 
        described in section 8(b) for hunter safety programs 
        and the construction, operation, and maintenance of 
        public target ranges.
    (b) Cost Sharing.--The Federal share of the cost of any 
activity carried out with a grant under this section shall not 
exceed 75 percent of the total cost of the activity.
    (c) Period of Availability; Reapportionment.--
            (1) Period of availability.--Amounts made available 
        and apportioned for grants under this section shall 
        remain available only for the fiscal year for which the 
        amounts are apportioned.
            (2) Reapportionment.--At the end of the period of 
        availability under paragraph (1), the [Secretary of the 
        Interior] Secretary shall apportion amounts made 
        available that have not been used to make grants under 
        this section among the States described in subsection 
        (a)(1)(B) for use by those States in accordance with 
        this Act (other than sections 4(d) and 12).

SEC. 11. [16 U.S.C. 669H-2] MULTISTATE CONSERVATION GRANT PROGRAM.

    (a) In General.--
            (1) Amount for grants.--Not more than $3,000,000 of 
        the revenues covered into the fund (other than the 
        Account) for a fiscal year shall be available to the 
        [Secretary of the Interior] Secretary for making 
        multistate conservation project grants in accordance 
        with this section.
            (2) Period of availability; apportionment.--
                    (A) Period of availability.--Amounts made 
                available under paragraph (1) shall remain 
                available for making grants only for the first 
                fiscal year for which the amount is made 
                available and the following fiscal year.
                    (B) Apportionment.--At the end of the 
                period of availability under subparagraph (A), 
                the [Secretary of the Interior] Secretary shall 
                apportion any amounts that remain available 
                among the States in the manner specified in 
                section 4(b) for use by the States in the same 
                manner as funds apportioned under section 4(b).
    (b) Selection of Projects.--
            (1) States or entities to be benefited.--A project 
        shall not be eligible for a grant under this section 
        unless the project will benefit--
                    (A) at least 26 States;
                    (B) a majority of the States in a region of 
                the United States Fish and Wildlife Service; or
                    (C) a regional association of State fish 
                and game departments.
            (2) Use of submitted priority list of projects.--
        The [Secretary of the Interior] Secretary may make 
        grants under this section only for projects identified 
        on a priority list of [wildlife restoration projects] 
        wildlife-restoration projects described in paragraph 
        (3).
            (3) Priority list of projects.--A priority list 
        referred to in paragraph (2) is a priority list of 
        wildlife restoration projects that the International 
        Association of Fish and Wildlife Agencies--
                    (A) prepares through a committee comprised 
                of the heads of State fish and game departments 
                (or their designees), in consultation with--
                            (i) nongovernmental organizations 
                        that represent conservation 
                        organizations;
                            (ii) sportsmen organizations; and
                            (iii) industries that support or 
                        promote hunting, trapping, recreational 
                        shooting, bow hunting, or archery;
                    (B) approves by vote of a majority of the 
                heads of State fish and game departments (or 
                their designees); and
                    (C) not later than October 1 of each fiscal 
                year, submits to the Assistant Director for 
                Wildlife and Sport Fish Restoration Programs.
            (4) Publication.--The Assistant Director for 
        Wildlife and Sport Fish Restoration Programs shall 
        publish in the Federal Register each priority list 
        submitted under paragraph (3)(C).
    (c) Eligible Grantees.--
            (1) In general.--The [Secretary of the Interior] 
        Secretary may make a grant under this section only to--
                    (A) a State or group of States;
                    (B) the United States Fish and Wildlife 
                Service, or a State or group of States, for the 
                purpose of carrying out the National Survey of 
                Fishing, Hunting, and Wildlife-Associated 
                Recreation; and
                    (C) subject to paragraph (2), a 
                nongovernmental organization.
            (2) Nongovernmental organizations.--
                    (A) In general.--Any nongovernmental 
                organization that applies for a grant under 
                this section shall submit with the application 
                to the International Association of Fish and 
                Wildlife Agencies a certification that the 
                organization--
                            (i) will not use the grant funds to 
                        fund, in whole or in part, any activity 
                        of the organization that promotes or 
                        encourages opposition to the regulated 
                        hunting or trapping of wildlife; and
                            (ii) will use the grant funds in 
                        compliance with subsection (d).
                    (B) Penalties for certain activities.--Any 
                nongovernmental organization that is found to 
                use grant funds in violation of subparagraph 
                (A) shall return all funds received under this 
                section and be subject to any other applicable 
                penalties under law.
    (d) Use of Grants.--A grant under this section shall not be 
used, in whole or in part, for an activity, project, or program 
that promotes or encourages opposition to the regulated hunting 
or trapping of wildlife.
    (e) Nonapplicability of Federal Advisory Committee Act.--
The Federal Advisory Committee Act (5 U.S.C. App.) shall not 
apply to any activity carried out under this section.

SEC. 12. WILDLIFE CONSERVATION AND RESTORATION PROGRAMS.

    (a) Definition of State.--In this section, the term 
``State'' means a State, the District of Columbia, a territory, 
and an Indian tribe.
    (b) Wildlife Conservation and Restoration Programs.--
            (1) In general.--A State, acting through the State 
        fish and game department, may apply to the Secretary--
                    (A) for approval of a wildlife conservation 
                and restoration program; and
                    (B) to receive funds from the apportionment 
                to the State under section 4(d) to develop and 
                implement the wildlife conservation and 
                restoration program.
            (2) Application contents.--As part of an 
        application under paragraph (1), a State shall provide 
        documentation demonstrating that the wildlife 
        conservation and restoration program of the State 
        includes--
                    (A) provisions vesting in the State fish 
                and game department overall responsibility and 
                accountability for the wildlife conservation 
                and restoration program of the State;
                    (B) provisions to identify which species in 
                the State are in greatest need of conservation; 
                and
                    (C) provisions for the development, 
                implementation, and maintenance, under the 
                wildlife conservation and restoration program, 
                of--
                            (i) wildlife conservation 
                        projects--
                                    (I) that expand and support 
                                other wildlife programs; and
                                    (II) that are selected 
                                giving appropriate 
                                consideration to all species of 
                                wildlife in accordance with 
                                subsection (c);
                            (ii) wildlife-associated recreation 
                        projects; and
                            (iii) wildlife conservation 
                        education projects.
            (3) Public participation.--A State shall provide an 
        opportunity for public participation in the 
        development, implementation, and revision of the 
        wildlife conservation and restoration program of the 
        State and projects carried out under the wildlife 
        conservation and restoration program.
            (4) Approval for funding.--If the Secretary finds 
        that the application submitted by a State meets the 
        requirements of paragraph (2), the Secretary shall 
        approve the wildlife conservation and restoration 
        program of the State.
            (5) Payment of federal share.--
                    (A) In general.--Subject to subparagraph 
                (D), after the Secretary approves a wildlife 
                conservation and restoration program of a 
                State, the Secretary may use the apportionment 
                to the State under section 4(d) to pay the 
                Federal share of--
                            (i) the cost of implementation of 
                        the wildlife conservation and 
                        restoration program; and
                            (ii) the cost of development, 
                        implementation, and maintenance of each 
                        project that is part of the wildlife 
                        conservation and restoration program.
                    (B) Federal share.--The Federal share shall 
                not exceed 75 percent.
                    (C) Timing of payments.--Under such 
                regulations as the Secretary may promulgate, 
                the Secretary--
                            (i) shall make payments to a State 
                        under subparagraph (A) during the 
                        course of a project; and
                            (ii) may advance funds to pay the 
                        Federal share of the costs described in 
                        subparagraph (A).
                    (D) Maximum amount for certain 
                activities.--
                            (i) In general.--Notwithstanding 
                        section 8(a), except as provided in 
                        clause (ii), for each fiscal year, not 
                        more than 10 percent of the 
                        apportionment to a State under section 
                        4(d) for the wildlife conservation and 
                        restoration program of the State may be 
                        used for each of the following 
                        activities:
                                    (I) Law enforcement 
                                activities.
                                    (II) Wildlife-associated 
                                recreation projects.
                            (ii) Exception.--For any fiscal 
                        year, the limitation under clause (i) 
                        shall not apply to law enforcement 
                        activities or wildlife-associated 
                        recreation projects in a State if the 
                        State demonstrates to the satisfaction 
                        of the Secretary that law enforcement 
                        activities or wildlife-associated 
                        recreation projects, respectively, have 
                        a significant impact on high priority 
                        conservation activities.
            (6) Method of implementation of projects.--A State 
        may implement a project that is part of the wildlife 
        conservation and restoration program of the State 
        through--
                    (A) a grant made by the State to, or a 
                contract entered into by the State with--
                            (i) any Federal, State, or local 
                        agency (including an agency that 
                        gathers, evaluates, and disseminates 
                        information on wildlife and wildlife 
                        habitats);
                            (ii) an Indian tribe;
                            (iii) a wildlife conservation 
                        organization, sportsmen's organization, 
                        land trust, or other nonprofit 
                        organization; or
                            (iv) an outdoor recreation or 
                        conservation education entity; and
                    (B) any other method determined appropriate 
                by the State.
    (c) Wildlife Conservation Strategy.--
            (1) In general.--Not later than 5 years after the 
        date of the initial apportionment to a State under 
        section 4(d), to be eligible to continue to receive 
        funds from the apportionment to the State under section 
        4(d), the State shall, as part of the wildlife 
        conservation and restoration program of the State, 
        develop and implement a wildlife conservation strategy 
        that is based on the best available and appropriate 
        scientific information.
            (2) Required elements.--A wildlife conservation 
        strategy shall--
                    (A) use such information on the 
                distribution and abundance of species of 
                wildlife as is indicative of the diversity and 
                health of the wildlife of the State, including 
                such information on species with low 
                populations and declining numbers of 
                individuals as the State fish and game 
                department determines to be appropriate;
                    (B) identify the extent and condition of 
                wildlife habitats and community types essential 
                to conservation of the species of wildlife of 
                the State identified using information 
                described in subparagraph (A);
                    (C)(i) identify the problems that may 
                adversely affect--
                            (I) the species identified using 
                        information described in subparagraph 
                        (A); and
                            (II) the habitats of the species 
                        identified under subparagraph (B); and
                    (ii) provide for high priority research and 
                surveys to identify factors that may assist in 
                the restoration and more effective conservation 
                of--
                            (I) the species identified using 
                        information described in subparagraph 
                        (A); and
                            (II) the habitats of the species 
                        identified under subparagraph (B);
                    (D)(i) describe which actions should be 
                taken to conserve--
                            (I) the species identified using 
                        information described in subparagraph 
                        (A); and
                            (II) the habitats of the species 
                        identified under subparagraph (B); and
                    (ii) establish priorities for implementing 
                those actions; and
                    (E) provide for--
                            (i) periodic monitoring of--
                                    (I) the species identified 
                                using information described in 
                                subparagraph (A);
                                    (II) the habitats of the 
                                species identified under 
                                subparagraph (B); and
                                    (III) the effectiveness of 
                                the conservation actions 
                                described under subparagraph 
                                (D); and
                            (ii) adaptation of conservation 
                        actions as appropriate to respond to 
                        new information or changing conditions.
            (3) Public participation in development of 
        strategy.--A State shall provide an opportunity for 
        public participation in the development and 
        implementation of the wildlife conservation strategy of 
        the State.
            (4) Review and revision.--Not less often than once 
        every 7 years, a State shall review the wildlife 
        conservation strategy of the State and make any 
        appropriate revisions.
            (5) Coordination.--During the development, 
        implementation, review, and revision of the wildlife 
        conservation strategy of the State, a State shall 
        provide for coordination between--
                    (A) the State fish and game department; and
                    (B) Federal, State, and local agencies and 
                Indian tribes that--
                            (i) manage significant areas of 
                        land or water within the State; or
                            (ii) administer programs that 
                        significantly affect the conservation 
                        of
                                    (I) the species identified 
                                using information described in 
                                paragraph (2)(A); or
                                    (II) the habitats of the 
                                species identified under 
                                paragraph (2)(B).
            (6) Effect of failure to develop or carry out 
        wildlife conservation strategy.--
                    (A) In general.--If, in any fiscal year, a 
                State fails to develop, implement, obtain the 
                approval of the Secretary for, review, or 
                revise a wildlife conservation strategy as 
                required under this subsection, the 
                apportionment to the State under section 4(d) 
                for the following fiscal year shall be 
                reapportioned in accordance with section 4(d) 
                to States that carry out those activities as 
                required under this subsection.
                    (B) Correction of deficiencies.--If a State 
                whose apportionment for a fiscal year is 
                reapportioned under subparagraph (A) 
                subsequently carries out the activities 
                described in that subparagraph as required 
                under this subsection, the State shall be 
                eligible to receive an apportionment under 
                section 4(d) for the fiscal year following the 
                fiscal year of the reapportionment.
    (d) Use of Funds for New and Existing Programs and 
Projects.--Funds made available from the Account to carry out 
activities under this section may be used--
            (1) to carry out new programs and projects; and
            (2) to enhance existing programs and projects.
    (e) Priority for Funding.--In using funds made available 
from the Account to carry out activities under this section, a 
State shall give priority to species that are in greatest need 
of conservation--
            (1) as evidenced by--
                    (A) a low population and declining numbers 
                of individuals;
                    (B) a current threat or reasonably 
                anticipated threat to the habitat of the 
                species; or
                    (C) any other similar indicator of need of 
                conservation; or
            (2) as identified in the wildlife conservation 
        strategy of the State under subsection (c).
    (f) Limitation on Use of Funds for Wildlife Conservation 
Education Projects.--Funds made available from the Account to 
carry out wildlife conservation education projects shall not be 
used to fund, in whole or in part, any activity that promotes 
or encourages opposition to the regulated hunting or trapping 
of wildlife.
    [Sec. [12.] 13. [16 U.S.C. 669i]

SEC. 13. RULES AND REGULATIONS.

    The Secretary of Agriculture \6\ is authorized to make 
rules and regulations for carrying out the provisions of this 
Act.
---------------------------------------------------------------------------
    \6\ Reorganization Plan No. II of 1939, transferred functions of 
the Secretary of Agriculture relating to conservation of wildlife, 
game, and migratory birds to the [Secretary of the Interior] Secretary.
---------------------------------------------------------------------------

SEC. 14. NONAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT.

    Coordination with State fish and game department personnel 
or with personnel of any other agency of a State, the District 
of Columbia, a territory, or an Indian tribe under this Act 
shall not be subject to the Federal Advisory Committee Act (5 
U.S.C. App.).

SEC. [13.] 15. [16 U.S.C. 669 NOTE] SHORT TITLE.

    This Act may be cited as the ``Pittman-Robertson Wildlife 
Restoration Act''.
                              ----------                              


                     ENDANGERED SPECIES ACT OF 1973

       [Public Law 93-205, Approved Dec. 28, 1973, 87 Stat. 884]

           [Amended through Public Law 106-201, May 18, 2000]

  AN ACT To provide for the conservation of endangered and threatened 
     species of fish, wildlife, and plants, and for other purposes.

      Be it enacted by the Senate and House of Representatives 
of the United States of America in Congress assembled, [16 
U.S.C. 1531 note] That this Act may be cited as the 
``Endangered Species Act of 1973''.

                           TABLE OF CONTENTS

Sec. 2. Findings, purposes, and policy.
Sec. 3. Definitions.
Sec. 4. Determination of endangered species and threatened species.
Sec. 5. Land acquisition.
Sec. 6. Cooperation with the States.
Sec. 7. Interagency cooperation.
Sec. 8. International cooperation.
Sec. 8A. Convention implementation.
Sec. 9. Prohibited acts.
Sec. 10. Exceptions.
Sec. 11. Penalties and enforcement.
Sec. 12. Endangered plants.
[Sec. 13. Conforming amendments.]
Sec. 13. Endangered and threatened species recovery assistance.
Sec. 14. Repealer.
Sec. 15. Authorization of appropriations.
Sec. 16. Effective date.
Sec. 17. Marine Mammal Protection Act of 1972.
[Sec. 18. Annual cost analysis by the Fish and Wildlife Service.\1\]

                     findings, purposes, and policy

    Sec. 2. [16 U.S.C. 1531] (a) Findings.--The Congress finds 
and declares that--

           *       *       *       *       *       *       *


                         [conforming amendments

    [Sec. 13.

[    (a) Subsection 4(c) of the Act of October 15, 1966 (80 
Stat. 928, 16 U.S.C. 668dd(c)), is further amended by revising 
the second sentence thereof to read as follows: ``With the 
exception of endangered species and threatened species listed 
by the Secretary pursuant to section 4 of the Endangered 
Species Act of 1973 in States wherein a cooperative agreement 
does not exist pursuant to section 6(c) of that Act, nothing in 
this Act, shall be construed to authorize the Secretary to 
control or regulate hunting or fishing of resident fish and 
wildlife on lands not within the system.''
    [(b) Subsection 10(a) of the Migratory Bird Conservation 
Act (45 Stat. 1224, 16 U.S.C. 715i(a)) and subsection 401(a) of 
the Act of June 15, 1935 (49 Stat. 383, 16 U.S.C. 715s(a)) are 
each amended by striking out ``threatened with extinction,'' 
and inserting in lieu thereof the following: ``listed pursuant 
to section 4 of the Endangered Species Act of 1973 as 
endangered species or threatened species.''
    [(c) Section 7(a)(1) of the Land and Water Conservation 
Fund Act of 1965 (16 U.S.C. 4601-9(a)(1)) is amended by 
striking out:
            [``Threatened Species.--For any national area which 
        may be authorized for the preservation of species of 
        fish or wildlife that are threatened with extinction.'' 
        and inserting in lieu thereof the following:
            [``Endangered Species and Threatened Species.--For 
        lands, waters, or interests therein, the acquisition of 
        which is authorized under section 5(a) of the 
        Endangered Species Act of 1973, needed for the purpose 
        of conserving endangered or threatened species of fish 
        or wildlife or plants.''
    [(d) The first sentence of section 2 of the Act of 
September 28, 1962, amended (76 Stat. 653, 16 U.S.C. 460k-1), 
is amended to read as follows:
            [``The Secretary is authorized to acquire areas of 
        land, or interests therein, which are suitable for--
            [``(1) incidental fish and wildlife-oriented 
        recreational development;
            [``(2) the protection of natural resources;
            [``(3) the conservation of endangered species or 
        threatened species listed by the Secretary pursuant to 
        section 4 of the Endangered Species Act of 1973; or
            [``(4) carrying out two or more of the purposes set 
        forth in paragraphs (1) through (3) of this section, 
        and are adjacent to, or within, the said conservation 
        areas, except that the acquisition of any land or 
        interest therein pursuant to this section shall be 
        accomplished only with such funds as may be 
        appropriated therefor by the Congress or donated for 
        such purposes, but such property shall not be acquired 
        with funds obtained from the sale of Federal migratory 
        bird hunting stamps.''
    [(e) The Marine Mammal Protection Act of 1972 (16 U.S.C. 
1361-1407) is amended--
            [(1) by striking out ``Endangered Species 
        Conservation Act of 1969'' in section 3(1)(B) thereof 
        and inserting in lieu thereof the following: 
        ``Endangered Species Act of 1973'';
            [(2) by striking out ``pursuant to the Endangered 
        Species Conservation Act of 1969'' in section 
        101(a)(3)(B) thereof and inserting in lieu thereof the 
        following: ``or threatened species pursuant to the 
        Endangered Species Act of 1973''.
            [(3) by striking out ``endangered under the 
        Endangered Species Conservation Act of 1969'' in 
        section 102(b)(3) thereof and inserting in lieu thereof 
        the following: ``an endangered species or threatened 
        species pursuant to the Endangered Species Act of 
        1973''; and
            [(4) by striking out ``of the Interior and 
        revisions of the Endangered Species List, authorized by 
        the Endangered Species Conservation Act of 1969,'' in 
        section 202(a)(6) thereof and inserting in lieu thereof 
        the following: ``such revisions of the endangered 
        species list and threatened species list published 
        pursuant to section 4(c)(1) of the Endangered Species 
        Act of 1973''.
    [(f) Section 2(1) of the Federal Environmental Pesticide 
Control Act of 1972 (Public Law 92-516) is amended by striking 
out the words ``by the Secretary of the Interior under Public 
Law 91-135'' and inserting in lieu thereof the words ``or 
threatened by the Secretary pursuant to the Endangered Species 
Act of 1973''.]

SEC. 13. ENDANGERED AND THREATENED SPECIES RECOVERY ASSISTANCE.

    (a) Definitions.--In this section:
            (1) Conservation entity.--
                    (A) In general.--The term ``conservation 
                entity'' means a nonprofit entity that engages 
                in activities to conserve or protect fish, 
                wildlife, or plants, or habitats for fish, 
                wildlife, or plants.
                    (B) Inclusions.--The term ``conservation 
                entity'' includes--
                            (i) a sportsmen's organization;
                            (ii) an environmental organization; 
                        and
                            (iii) a land trust.
            (2) Farm or ranch.--The term ``farm or ranch'' 
        means an activity with respect to which not less than 
        $1,000 in income is derived from agricultural 
        production within a census year.
            (3) Person.--The term ``person'' includes a 
        conservation entity.
            (4) Small landowner.--The term ``small landowner'' 
        means--
                    (A) an individual who owns land in a State 
                that--
                            (i) is used as a farm or ranch; and
                            (ii) has an acreage of not more 
                        than the greater of--
                                    (I) 50 percent of the 
                                average acreage of a farm or 
                                ranch in the State; or
                                    (II) 160 acres of land; and
                    (B) an individual who owns land that--
                            (i) is not used as a farm or ranch; 
                        and
                            (ii) has an acreage of not more 
                        than 160 acres.
            (5) Species at risk.--The term ``species at risk'' 
        means a species that may become an endangered species 
        or a threatened species if conservation actions are not 
        taken to conserve and protect the species.
            (6) Species recovery agreement.--The term ``species 
        recovery agreement'' means an endangered and threatened 
        species recovery agreement entered into under 
        subsection (c).
    (b) Endangered and Threatened Species Recovery 
Assistance.--
            (1) Financial assistance.--The Secretary may 
        provide financial assistance to any person for 
        development and implementation of an endangered and 
        threatened species recovery agreement entered into by 
        the Secretary and the person under subsection (c).
            (2) Priority.--In providing financial assistance 
        under this subsection, the Secretary shall give 
        priority to the development and implementation of 
        species recovery agreements that--
                    (A) implement actions identified under 
                recovery plans approved by the Secretary under 
                section 4(f);
                    (B) have the greatest potential for 
                contributing to the recovery of endangered 
                species, threatened species, or species at 
                risk;
                    (C) benefit multiple endangered species, 
                threatened species, or species at risk;
                    (D) carry out activities specified in State 
                or local conservation plans; or
                    (E) are proposed by small landowners.
            (3) Prohibition on assistance for required 
        activities.--The Secretary shall not provide financial 
        assistance under this subsection for any activity that 
        is required--
                    (A) by a permit issued under section 
                10(a)(1)(B);
                    (B) by an incidental taking statement 
                provided under section 7(b)(4); or
                    (C) under another provision of this Act, 
                any other Federal law, or any State law.
            (4) Payments under other programs.--
                    (A) Other payments not affected.--Financial 
                assistance provided to a person under this 
                subsection shall be in addition to, and shall 
                not affect, the total amount of payments that 
                the person is eligible to receive under--
                            (i) the conservation reserve 
                        program established under subchapter B 
                        of chapter 1 of subtitle D of title XII 
                        of the Food Security Act of 1985 (16 
                        U.S.C. 3831 et seq.);
                            (ii) the wetlands reserve program 
                        established under subchapter C of that 
                        chapter (16 U.S.C. 3837 et seq.);
                            (iii) the environmental quality 
                        incentives program established under 
                        chapter 4 of subtitle D of title XII of 
                        the Food Security Act of 1985 (16 
                        U.S.C. 3839aa et seq.); or
                            (iv) the Wildlife Habitat Incentive 
                        Program established under section 387 
                        of the Federal Agriculture Improvement 
                        and Reform Act of 1996 (16 U.S.C. 
                        3836a).
                    (B) Limitation.--A person shall not receive 
                financial assistance under a species recovery 
                agreement for any activity for which the person 
                receives a payment under a program referred to 
                in subparagraph (A) unless the species recovery 
                agreement imposes on the person a financial or 
                management obligation in addition to the 
                obligations of the person under that program.
    (c) Endangered and Threatened Species Recovery 
Agreements.--
            (1) In general.--In accordance with this 
        subsection, the Secretary may enter into endangered and 
        threatened species recovery agreements.
            (2) Required terms.--The Secretary shall include in 
        each species recovery agreement with a person 
        provisions that--
                    (A) require the person--
                            (i) to carry out on real property 
                        owned or leased by the person, or on 
                        Federal or State land, activities (such 
                        as activities that, consistent with 
                        applicable State water law (including 
                        regulations), make water available for 
                        endangered species, threatened species, 
                        or species at risk) that--
                                    (I) are not required by 
                                Federal or State law; and
                                    (II) contribute to the 
                                recovery of an endangered 
                                species, threatened species, or 
                                species at risk; or
                            (ii) to refrain from carrying out 
                        on real property owned or leased by the 
                        person otherwise lawful activities that 
                        would inhibit the recovery of an 
                        endangered species, threatened species, 
                        or species at risk, such as refraining 
                        from carrying out activities that, 
                        consistent with applicable State water 
                        law (including regulations), directly 
                        reduce the availability of water for 
                        such a species;
                    (B) describe the real property referred to 
                in clauses (i) and (ii) of subparagraph (A);
                    (C) specify species recovery goals for the 
                species recovery agreement, and activities for 
                attaining the goals;
                    (D)(i) require the person to make 
                demonstrable progress in accomplishing the 
                species recovery goals; and
                    (ii) specify a schedule for implementation 
                of the species recovery agreement;
                    (E) specify actions to be taken by the 
                Secretary or the person to monitor the 
                effectiveness of the species recovery agreement 
                in attaining the species recovery goals;
                    (F) require the person to notify the 
                Secretary if any right or obligation of the 
                person under the species recovery agreement is 
                assigned to any other person;
                    (G) require the person to notify the 
                Secretary if any term of the species recovery 
                agreement is breached;
                    (H) specify the date on which the species 
                recovery agreement takes effect and the period 
                of time during which the species recovery 
                agreement shall remain in effect;
                    (I) schedule the disbursement of financial 
                assistance provided under subsection (b) for 
                implementation of the species recovery 
                agreement, on an annual or other basis during 
                the period in which the species recovery 
                agreement is in effect, based on the schedule 
                for implementation required under subparagraph 
                (D)(ii); and
                    (J) provide that the Secretary shall, 
                subject to paragraph (4)(C), terminate the 
                species recovery agreement if the person fails 
                to carry out the species recovery agreement.
            (3) Review and approval of proposed species 
        recovery agreements.--On submission by any person of a 
        proposed species recovery agreement under this 
        subsection, the Secretary shall--
                    (A) review the proposed species recovery 
                agreement and determine whether the species 
                recovery agreement--
                            (i) complies with this subsection; 
                        and
                            (ii) will contribute to the 
                        recovery of each endangered species, 
                        threatened species, or species at risk 
                        that is the subject of the proposed 
                        species recovery agreement;
                    (B) propose to the person any additional 
                provisions that are necessary for the species 
                recovery agreement to comply with this 
                subsection; and
                    (C) if the Secretary determines that the 
                species recovery agreement complies with this 
                subsection, enter into the species recovery 
                agreement with the person.
            (4) Monitoring of implementation of species 
        recovery agreements.--The Secretary shall--
                    (A) periodically monitor the implementation 
                of each species recovery agreement;
                    (B) based on the information obtained from 
                the monitoring, annually or otherwise disburse 
                financial assistance under this section to 
                implement the species recovery agreement as the 
                Secretary determines to be appropriate under 
                the species recovery agreement; and
                    (C) if the Secretary determines that the 
                person is not making demonstrable progress in 
                accomplishing the species recovery goals 
                specified under paragraph (2)(C)--
                            (i) propose 1 or more modifications 
                        to the species recovery agreement that 
                        are necessary to accomplish the species 
                        recovery goals; or
                            (ii) terminate the species recovery 
                        agreement.
            (5) Limitation with respect to federal or state 
        land.--The Secretary may enter into a species recovery 
        agreement with a person with respect to Federal or 
        State land only if the United States or the State, 
        respectively, is a party to the species recovery 
        agreement.
    (d) Allocation of Funds.--Of the amounts made available to 
carry out this section for a fiscal year--
            (1) 1/3 shall be made available to provide 
        financial assistance for development and implementation 
        of species recovery agreements by small landowners, 
        subject to subparagraphs (A) through (D) of subsection 
        (b)(2);
            (2) 1/3 shall be made available to provide 
        financial assistance for development and implementation 
        of species recovery agreements on public land, subject 
        to subparagraphs (A) through (D) of subsection (b)(2); 
        and
            (3) 1/3 shall be made available to provide 
        financial assistance for development and implementation 
        of species recovery agreements, subject to subsection 
        (b)(2).
    (e) Limitation on Administrative Expenses.--Of the amounts 
made available to carry out this section for a fiscal year, not 
more than 3 percent may be used to pay administrative expenses 
incurred in carrying out this section.

                                repealer

    Sec. 14. [Section 14 consists of repeals of provisions of 
law.]

                    authorization of appropriations

    Sec. 15. [16 U.S.C. 1542] (a) In General.--Except as 
provided in subsection (b), (c), and (d), there are authorized 
to be appropriated--
            (1) not to exceed $35,000,000 for fiscal year 1988, 
        $36,500,000 for fiscal year 1989, $38,000,000 for 
        fiscal year 1990, $39,500,000 for fiscal year 1991, and 
        $41,500,000 for fiscal year 1992 to enable the 
        Department of the Interior to carry out such functions 
        and responsibilities as it may have been given under 
        this Act;
            (2) not to exceed $5,750,000 for fiscal year 1988, 
        $6,250,000 for each of fiscal years 1989 and 1990, and 
        $6,750,000 for each of fiscal year 1991 and 1992 to 
        enable the Department of Commerce to carry out such 
        functions and responsibilities as it may have been 
        given under this Act; and
            (3) not to exceed $2,200,000 for fiscal year 1988, 
        $2,400,000 for each of fiscal years 1989 and 1990, and 
        $2,600,000 for each of fiscal years 1991 and 1992, to 
        enable the Department of Agriculture to carry out its 
        functions and responsibilities with respect to the 
        enforcement of this Act and the Convention which 
        pertain to the importation or exportation of plants.
    (b) Exemptions From Act.--There are authorized to be 
appropriated to the Secretary to assist him and the Endangered 
Species Committee in carrying out their functions under 
sections \1\ 7 (e), (g), and (h) not to exceed $600,000 for 
each of fiscal years 1988, 1989, 1990, 1991, and 1992.
---------------------------------------------------------------------------
    \1\ So in original. Probably should be ``section''.
---------------------------------------------------------------------------
    (c) Convention Implementation.--There are authorized to be 
appropriated to the Department of the Interior for purposes of 
carrying out section 8A(e) not to exceed $400,000 for each of 
fiscal years 1988, 1989, and 1990, and $500,000 for each of 
fiscal years 1991 and 1992, and such sums shall remain 
available until expended.
    (d) Endangered and Threatened Species Recovery 
Assistance.--There is authorized to be appropriated to carry 
out section 13 $150,000,000 for each of fiscal years 2002 
through 2006.

                             effective date

    Sec. 16. [16 U.S.C. 1531 note] This Act shall take effect 
on the date of its enactment.

                  marine mammal protection act of 1972

    Sec. 17. [16 U.S.C. 1543] Except as otherwise provided in 
this Act, no provision of this Act shall take precedence over 
any more restrictive conflicting provision of the Marine Mammal 
Protection Act of 1972.

         annual cost analysis by the fish and wildlife service

    Sec. 18. [16 U.S.C. 1544] Notwithstanding section 3003 of 
Public Law 104-66 (31 U.S.C. 1113 note; 109 Stat. 734), on or 
before January 15, 1990, and each January 15 thereafter, the 
Secretary of the Interior, acting through the Fish and Wildlife 
Service, shall submit to the Congress an annual report covering 
the preceding fiscal year which shall contain--
            (1) an accounting on a species by species basis of 
        all reasonably unidentifiable Federal expenditures made 
        primarily for the conservation of endangered or 
        threatened species pursuant to this Act; and
            (2) an accounting on a species by species basis for 
        all reasonably identifiable expenditures made primarily 
        for the conservation of endangered or threatened 
        species pursuant to this Act by states receiving grants 
        under section 6.
                              ----------                              


               DINGELL-JOHNSON SPORT FISH RESTORATION ACT

           [Chapter 658, Approved Aug. 9, 1950, 64 Stat. 430]

           [Amended through Public Law 106-408, Nov. 1, 2000]

 AN ACT To provide that the United States shall aid the States in fish 
      restoration and management projects, and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, [16 U.S.C. 
777] That (a) the Secretary of the Interior \7\ is authorized 
and directed to cooperate with the States through their 
respective State fish and game departments in fish restoration 
and management projects as hereinafter set forth: No money 
apportioned under this Act to any State, except as hereinafter 
provided, shall be expended therein until its legislature, or 
other State agency authorized by the State constitution to make 
laws governing the conservation of fish, shall have assented to 
the provisions of this Act and shall have passed laws for the 
conservation of fish, which shall include a prohibition against 
the diversion of license fees paid by fishermen for any other 
purpose than the administration of said State fish and game 
department, except that, until the final adjournment of the 
first regular session of the legislature held after passage of 
this Act, the assent of the governor of the State shall be 
sufficient. The Secretary of the interior and the State fish 
and game department of each State accepting the benefits of 
this Act shall agree upon the fish restoration and management 
projects to be aided in such State under the terms of this Act, 
and all projects shall conform to the standards fixed by the 
Secretary of the Interior.
---------------------------------------------------------------------------
    \7\ Transfer of functions to Secretary of Commerce from Secretary 
of the Interior in view of: creation of National Oceanic and 
Atmospheric Administration in Department of Commerce and Office of 
Administrator of such Administration; abolition of Bureau of Commercial 
Fisheries in Department of the Interior and Office of Director of such 
Bureau; transfers of functions, including functions formerly vested by 
law in Secretary of the Interior or Department of the Interior which 
were administered through Bureau of Commercial Fisheries or were 
primarily related to such Bureau, exclusive of certain enumerated 
functions with respect to Great Lakes fishery research, Missouri River 
Reservoir research, Gulf-Breeze Biological Laboratory, and Trans-Alaska 
pipeline investigations; and transfer of marine sport fish program of 
Bureau of Sport Fisheries and Wildlife by Reorg. Plan No. 4 of 1970, 
eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090, set out in the 
Appendix to Title 5, Government Organization and Employees.
---------------------------------------------------------------------------
    (b) Allocation of Amounts by Coastal States Between Marine 
Fish Projects and Freshwater Fish Projects.--
          (1) In general.--Subject to paragraph (2), each 
        coastal State, to the extent practicable, shall 
        equitably allocate amounts apportioned to such State 
        under this Act between marine fish projects and 
        freshwater fish projects in the same proportion as the 
        estimated number of resident marine anglers and the 
        estimated number of resident freshwater anglers, 
        respectively, bear to the estimated number of all 
        resident anglers in that State.
          (2) Preservation of freshwater project allocation at 
        1988 level.--(A) Subject to subparagraph (B), the 
        amount allocated by a State pursuant to this subsection 
        to freshwater fish projects for each fiscal year shall 
        not be less than the amount allocated by such State to 
        such projects for fiscal year 1988.
          (B) Subparagraph (A) shall not apply to a State with 
        respect to any fiscal year for which the amount 
        apportioned to the State under this Act is less than 
        the amount apportioned to the State under this Act for 
        fiscal year 1988.
          (3) Coastal state defined.--As used in this 
        subsection, the term ``coastal State'' means any one of 
        the States of Alabama, Alaska, California, Connecticut, 
        Delaware, Florida, Georgia, Hawaii, Louisiana, Maine, 
        Maryland, Massachusetts, Mississippi, New Hampshire, 
        New Jersey, New York, North Carolina, Oregon, Rhode 
        Island, South Carolina, Texas, Virginia, and 
        Washington. The term also includes the Commonwealth of 
        Puerto Rico, the United States Virgin Islands, Guam, 
        American Samoa, and the Commonwealth of the Northern 
        Mariana Islands.

    Sec. 2. [16 U.S.C. 777a] For purposes of this Act--
            (1) the term ``fish restoration and management 
        projects'' shall be construed to mean projects designed 
        for the restoration and management of all species of 
        fish which have material value in connection with sport 
        or recreation in the marine and/or fresh waters of the 
        United States and include--
                    (A) such research into problems of fish 
                management and culture as may be necessary to 
                efficient administration affecting fish 
                resources;
                    (B) the acquisition of such facts as are 
                necessary to guide and direct the regulation of 
                fishing by law, including the extent of the 
                fish population, the drain on the fish supply 
                from fishing and/or natural causes, the 
                necessity of legal regulation of fishing, and 
                the effects of any measures of regulation that 
                are applied;
                    (C) the formulation and adoption of plans 
                of restocking waters with food and game fishes 
                according to natural areas or districts to 
                which such plans are applicable, together with 
                the acquisition of such facts as are necessary 
                to the formulation, execution, and testing the 
                efficacy of such plans;
                    (D) the selection, restoration, 
                rehabilitation, and improvement of areas of 
                water or land adaptable as hatching, feeding, 
                resting, or breeding places for fish, including 
                acquisition by purchase, condemnation, lease, 
                or gift of such areas or estates or interests 
                therein as are suitable or capable of being 
                made suitable therefor, and the construction 
                thereon or therein of such works as may be 
                necessary to make them available for such 
                purposes, and such preliminary or incidental 
                costs and expenses as may be incurred in and 
                about such works; the term ``State fish and 
                game department'' shall be construed to mean 
                and include any department or division of 
                department of another name, or commission, or 
                official or officials, of a State empowered 
                under its laws to exercise the functions 
                ordinarily exercised by a State fish and game 
                department;
            (2) the term ``outreach and communications 
        program'' means a program to improve communications 
        with anglers, boaters, and the general public regarding 
        angling and boating opportunities, to reduce barriers 
        to participation in these activities, to advance 
        adoption of sound fishing and boating practices, to 
        promote conservation and the responsible use of the 
        Nation's aquatic resources, and to further safety in 
        fishing and boating; and
            (3) the term ``aquatic resource education program'' 
        means a program designed to enhance the public's 
        understanding of aquatic resources and sportfishing, 
        and to promote the development of responsible attitudes 
        and ethics toward the aquatic environment.

    Sec. 3. [16 U.S.C. 777b] To carry out the provisions of 
this Act for fiscal years after September 30, 1984, there are 
authorized to be appropriated from the Sport Fish Restoration 
Account established by section 9504(a) of the Internal Revenue 
Code of 1986 the amounts paid, transferred, or otherwise 
credited to that Account. \8\ For purposes of the provision of 
the Act of August 31, 1951, which refers to this section, such 
amounts shall be treated as the amounts that are equal to the 
revenues described in this section. The appropriation made 
under the provisions of this section for each fiscal year shall 
continue available during the succeeding fiscal year. So much 
of such appropriation apportioned to any State for any fiscal 
year as remains unexpended at the close thereof is authorized 
to be made available for expenditure in that State until the 
close of the succeeding fiscal year. Any amount apportioned to 
any State under the provisions of this Act which is unexpended 
or unobligated at the end of the period during which it is 
available for expenditure on any project is authorized to be 
made available for expenditure by the Secretary of the Interior 
in carrying on the research program of the Fish and Wildlife 
Service in respect to fish of material value for sport and 
recreation.
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    \8\ The Act of August 31, 1951 (Chapter 375; 65 Stat. 261) in title 
I under the heading Fish and Wildlife Service, provides:
    For carrying out the provisions of the Act of August 9, 1950 
(Public Law 681), amounts equal to the revenues described in section 3 
of said Act and credited during the next preceding fiscal year and each 
fiscal year thereafter, to remain available until expended.

    Sec. 4. [16 U.S.C. 777c] (a) The Secretary of the Interior 
shall distribute 18 per centum of each annual appropriation 
made in accordance with the provisions of section 3 of this Act 
as provided in the Coastal Wetlands Planning, Protection, \9\ 
and Restoration Act (title III, Public Law 101-646). 
Notwithstanding the provisions of section 3 of this Act, such 
sums shall remain available to carry out such Act through 
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fiscal year 2009.

    \9\ Transfer of functions to Secretary of Commerce from Secretary 
of the Interior by Reorg. Plan No. 4 of 1970, eff. Oct. 3, 1970, 35 
F.R. 15627, 84 Stat. 2090, see note set out under section 777 of this 
title.
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    (b) Use of Balance After Distribution.--
            (1) Fiscal year 1998.--In fiscal year 1998, an 
        amount equal to $20,000,000 of the balance remaining 
        after the distribution under subsection (a) shall be 
        transferred to the Secretary of Transportation and 
        shall be expended for State recreational boating safety 
        programs under section 13106(a)(1) of title 46, United 
        States Code.
            (2) Fiscal year 1999.--For fiscal year 1999, of the 
        balance of each annual appropriation remaining after 
        making the distribution under subsection (a), an amount 
        equal to $74,000,000, reduced by 82 percent of the 
        amount appropriated for that fiscal year from the Boat 
        Safety Account of the Aquatic Resources Trust Fund 
        established by section 9504 of the Internal Revenue 
        Code of 1986 to carry out the purposes of section 
        13106(a) of title 46, United States Code, shall be used 
        as follows:
                    (A) $10,000,000 shall be available to the 
                Secretary of the Interior for 3 fiscal years 
                for obligation for qualified projects under 
                section 5604(c) of the Clean Vessel Act of 1992 
                (33 U.S.C. 1322 note).
                    (B) The balance remaining after the 
                application of subparagraph (A) shall be 
                transferred to the Secretary of Transportation 
                and shall be expended for State recreational 
                boating safety programs under section 13106 of 
                title 46, United States Code.
            (3) Fiscal years 2000-2003.--For each of fiscal 
        years 2000 through 2003, of the balance of each annual 
        appropriation remaining after making the distribution 
        under subsection (a), an amount equal to $82,000,000, 
        reduced by 82 percent of the amount appropriated for 
        that fiscal year from the Boat Safety Account of the 
        Aquatic Resources Trust Fund established by section 
        9504 of the Internal Revenue Code of 1986 to carry out 
        the purposes of section 13106(a) of title 46, United 
        States Code, shall be used as follows:
                    (A) $10,000,000 shall be available for each 
                fiscal year to the Secretary of the Interior 
                for 3 fiscal years for obligation for qualified 
                projects under section 5604(c) of the Clean 
                Vessel Act of 1992 (33 U.S.C. 1322 note).
                    (B) $8,000,000 shall be available for each 
                fiscal year to the Secretary of the Interior 
                for 3 fiscal years for obligation for qualified 
                projects under section 7404(d) of the 
                Sportfishing and Boating Safety Act of 1998.
                    (C) The balance remaining after the 
                application of subparagraphs (A) and (B) shall 
                be transferred for each such fiscal year to the 
                Secretary of Transportation and shall be 
                expended for State recreational boating safety 
                programs under section 13106 of title 46, 
                United States Code.
            (4) Transfer of certain funds.--Amounts available 
        under subparagraph (A) of paragraph (2) and 
        subparagraphs (A) and (B) of paragraph (3) that are 
        unobligated by the Secretary of the Interior after 3 
        fiscal years shall be transferred to the Secretary of 
        Transportation and shall be expended for State 
        recreational boating safety programs under section 
        13106(a) of title 46, United States Code.
    (c) National Outreach and Communications Program.--Of the 
balance of each such annual appropriation remaining after 
making the distribution under subsections (a) and (b), 
respectively, an amount equal to--
            (1) $5,000,000 for fiscal year 1999;
            (2) $6,000,000 for fiscal year 2000;
            (3) $7,000,000 for fiscal year 2001;
            (4) $8,000,000 for fiscal year 2002; and
            (5) $10,000,000 for fiscal year 2003;
shall be used for the National Outreach and Communications 
Program under section 8(d). Such amounts shall remain available 
for 3 fiscal years, after which any portion thereof that is 
unobligated by the Secretary of the Interior for that program 
may be expended by the Secretary under subsection (e).
    (d) Set-Aside for Expenses for Administration of the 
Dingell-Johnson Sport Fish Restoration Act.--
            (1) In general.--
                    (A) Set-aside.--For fiscal year 2001 and 
                each fiscal year thereafter, of the balance of 
                each such annual appropriation remaining after 
                the distribution and use under subsections (a), 
                (b), and (c) and section 14, the Secretary of 
                the Interior may use not more than the 
                available amount specified in subparagraph (B) 
                for the fiscal year for expenses for 
                administration incurred in implementation of 
                this Act, in accordance with this subsection 
                and section 9.
                    (B) Available amounts.--The available 
                amount referred to in subparagraph (A) is--
                            (i) for each of fiscal years 2001 
                        and 2002, $9,000,000;
                            (ii) for fiscal year 2003, 
                        $8,212,000; and
                            (iii) for fiscal year 2004 and each 
                        fiscal year thereafter, the sum of--
                                    (I) the available amount 
                                for the preceding fiscal year; 
                                and
                                    (II) the amount determined 
                                by multiplying--
                                            (aa) the available 
                                        amount for the 
                                        preceding fiscal year; 
                                        and
                                            (bb) the change, 
                                        relative to the 
                                        preceding fiscal year, 
                                        in the Consumer Price 
                                        Index for All Urban 
                                        Consumers published by 
                                        the Department of 
                                        Labor.
            (2) Period of availability; apportionment of 
        unobligated amounts.--
                    (A) Period of availability.--For each 
                fiscal year, the available amount under 
                paragraph (1) shall remain available for 
                obligation for use under that paragraph until 
                the end of the fiscal year.
                    (B) Apportionment of unobligated amounts.--
                Not later than 60 days after the end of a 
                fiscal year, the Secretary of the Interior 
                shall apportion among the States any of the 
                available amount under paragraph (1) that 
                remains unobligated at the end of the fiscal 
                year, on the same basis and in the same manner 
                as other amounts made available under this Act 
                are apportioned among the States under 
                subsection (e) for the fiscal year.
    (e) The Secretary of the Interior, after the distribution, 
transfer, use, and deduction under subsections (a), (b), (c), 
and (d), respectively, and after deducting amounts used for 
grants under section 14, shall apportion the remainder of each 
such annual appropriation among the several States in the 
following manner: 40 per centum in the ratio which the area of 
each State including coastal and Great Lakes waters (as 
determined by the Secretary of the Interior) bears to the total 
area of all the States, and 60 per centum in the ratio which 
the number of persons holding paid licenses to fish for sport 
or recreation in the State in the second fiscal year preceding 
the fiscal year for which such apportionment is made, as 
certified to said Secretary by the State fish and game 
departments, bears to the number of such persons in all the 
States. Such apportionments shall be adjusted equitably so that 
no State shall receive less than 1 per centum nor more than 5 
per centum of the total amount apportioned. Where the 
apportionment to any State under this section is less than 
$4,500 annually, the Secretary of the Interior may allocate not 
more than $4,500 of said appropriation to said State to carry 
out the purposes of this Act when said State certifies to the 
Secretary of the Interior that it has set aside not less than 
$1,500 from its fish-and-game funds or has made, through its 
legislature, an appropriation in this amount for said purposes.
    (f) So much of any sum not allocated under the provisions 
of this section for any fiscal year is hereby authorized to be 
made available for expenditure to carry out the purposes of 
this Act until the close of the succeeding fiscal year. The 
term fiscal year as used in this section shall be a period of 
twelve consecutive months from October 1 through the succeeding 
September 30, except that the period for enumeration of persons 
holding licenses to fish shall be a State's fiscal or license 
year.
    (g) Expenses for Administration of Certain Programs.--
            (1) In general.--For each fiscal year, of the 
        amounts appropriated under section 3, the Secretary of 
        the Interior shall use only funds authorized for use 
        under subsections (a), (b)(3)(A), (b)(3)(B), and (c) to 
        pay the expenses for administration incurred in 
        carrying out the provisions of law referred to in those 
        subsections, respectively.
            (2) Maximum amount.--For each fiscal year, the 
        Secretary of the Interior may use not more than 
        $900,000 in accordance with paragraph (1).

    Sec. 5. [16 U.S.C. 777d] For each fiscal year beginning 
with the fiscal year ending June 30, 1951, the Secretary of the 
Interior shall certify, at the time at which a deduction or 
apportionment is made, to the Secretary of the Treasury, and to 
each State fish and game department, the sum which he has 
estimated to be deducted for administering this Act and the sum 
which he has apportioned to each State for such fiscal year.

    Sec. 6. [16 U.S.C. 777e] (a) Any State desiring to avail 
itself of the benefits of this Act shall, by its State fish and 
game department, submit programs or projects for fish 
restoration in either of the following two ways:
    (1) The State shall prepare and submit to the Secretary of 
the Interior a comprehensive fish and wildlife resource 
management plan which shall insure the perpetuation of these 
resources for the economic, scientific, and recreational 
enrichment of the people. Such plan shall be for a period of 
not less than five years and be based on projections of desires 
and needs of the people for a period of not less than fifteen 
years. It shall include provisions for updating at intervals of 
not more than three years and be provided in a format as may be 
required by the Secretary of the Interior. If the Secretary of 
the Interior finds that such plans conform to standards 
established by him and approves such plans, he may finance up 
to 75 per centum of the cost of implementing segments of those 
plans meeting the purposes of this Act from funds apportioned 
under this Act upon this approval of an annual agreement 
submitted to him.
    (2) A State may elect to avail itself of the benefits of 
this Act by its State fish and game department submitting to 
the Secretary of the Interior full and detailed statements of 
any fish restoration and management project proposed for that 
State. If the Secretary of the Interior finds that such project 
meets with the standards set by him and approves said project, 
the State fish and game department shall furnish to him such 
surveys, plans, specifications, and estimates therefor as he 
may require. If the Secretary of the interior approves the 
plans, specifications, and estimates for the project, he shall 
notify the State fish and game department and immediately set 
aside so much of said appropriation as represents the share of 
the United States payable under this Act on account of such 
project, which sum so set aside shall not exceed 75 per centum 
of the total estimated cost thereof.
    The Secretary of the Interior shall approve only such 
comprehensive plans or projects as may be substantial in 
character and design and the expenditure of funds hereby 
authorized shall be applied only to such approved comprehensive 
fishery plan or projects and if otherwise applied they shall be 
replaced by the State before it may participate in any further 
apportionment under this Act. No payment of any money 
apportioned under this Act shall be made on any comprehensive 
fishery plan or project until an agreement to participate 
therein shall have been submitted to and approved by the 
Secretary of the Interior.
    (b) If the State elects to avail itself of the benefits of 
this Act by preparing a comprehensive fish and wildlife plan 
under option (1) of subsection (a) of this section, then the 
term ``project'' may be defined for the purpose of this Act as 
a fishery program, all other definitions notwithstanding.
    (c) Administrative costs in the form of overhead or 
indirect costs for services provided by State central service 
activities outside of the State fish and game department 
charged against programs or projects supported by funds made 
available under this Act shall not exceed in any one fiscal 
year 3 per centum of the annual apportionment to the State.
    (d) The Secretary of the Interior may enter into agreements 
to finance up to 75 per centum of the initial costs of the 
acquisition of lands or interests therein and the construction 
of structures or facilities for \10\ appropriations currently 
available for the purposes of this Act; and to agree to finance 
up to 75 per centum of the remaining costs over such a period 
of time as the Secretary may consider necessary. The liability 
of the United States in any such agreement is contingent upon 
the continued availability of funds for the purposes of this 
Act.
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    \10\ So in original. Probably should be ``from''.

    Sec. 7. [16 U.S.C. 777f] (a) When the Secretary of the 
Interior shall find that any project approved by him has been 
completed or, if involving research relating to fish, is being 
conducted, in compliance with said plans and specifications, he 
shall cause to be paid to the proper authority of said State 
the amount set aside for said project. The Secretary of the 
Interior may, in his discretion, from time to time, make 
payments on said project as the same progresses; but these 
payments, including previous payments, if any, shall not be 
more than the United States' pro rata share of the project in 
conformity with said plans and specifications. If a State has 
elected to avail itself of the benefits of this Act by 
preparing a comprehensive fish and wildlife plan as provided 
for under option (1) of subsection (a) of section 6 of this 
Act, and this plan has been approved by the Secretary of the 
Interior, then the Secretary may, in his discretion, and under 
such rules and regulations, as he may prescribe, advance funds 
to the State for financing the United States' pro rata share 
agreed upon between the State fish and game department and the 
Secretary.
    (b) Any construction work and labor in each State shall be 
performed in accordance with its laws and under the direct 
supervision of the State fish and game department, subject to 
the inspection and approval of the Secretary of the Interior 
and in accordance with the rules and regulations made pursuant 
to this Act. The Secretary of the Interior and the State fish 
and game department of each State may jointly determine at what 
times and in what amounts payments shall be made under this 
Act. Such payments shall be made against the said appropriation 
to such official or officials, or depository, as may be 
designated by the State fish and game department and authorized 
under the laws of the State to receive public funds of the 
State.

    Sec. 8. [16 U.S.C. 777g] (a) To maintain fish-restoration 
and management projects established under the provisions of 
this Act shall be the duty of the States according to their 
respective laws. Beginning July 1, 1953, maintenance of 
projects heretofore completed under the provisions of this Act 
may be considered as projects under this Act. Title to any real 
or personal property acquired by any State, and to improvements 
placed on State-owned lands through the use of funds paid to 
the State under the provisions of this Act, shall be vested in 
such State.
    (b)(1) Each State shall allocate 15 percent of the funds 
apportioned to it for each fiscal year under section 4 of this 
Act for the payment of up to 75 per centum of the costs of the 
acquisition, development, renovation, or improvement of 
facilities (and auxiliary facilities necessary to insure the 
safe use of such facilities) that create, or add to, public 
access to the waters of the United States to improve the 
suitability of such waters for recreational boating purposes. 
Notwithstanding this provision, States within a United States 
Fish and Wildlife Service Administrative Region may allocate 
more or less than 15 percent in a fiscal year, provided that 
the total regional allocation averages 15 percent over a 5 year 
period.
    (2) So much of the funds that are allocated by a State 
under paragraph (1) in any fiscal year that remained unexpended 
or unobligated at the close of such year are authorized to be 
made available for the purposes described in paragraph (1) 
during the succeeding four fiscal years, but any portion of 
such funds that remain unexpended or unobligated at the close 
of such period are authorized to be made available for 
expenditure by the Secretary of the Interior in carrying out 
the research program of the Fish and Wildlife Service in 
respect to fish of material value for sport or recreation.
    (c) Each State may use not to exceed 15 percent of the 
funds apportioned to it under section 4 of this Act to pay up 
to 75 per centum of the costs of an aquatic resource education 
and outreach and communications program for the purpose of 
increasing public understanding of the Nation's water resources 
and associated aquatic life forms. The non-Federal share of 
such costs may not be derived from other Federal grant 
programs. The Secretary shall issue not later than the one 
hundred and twentieth day after the effective date of this 
subsection such regulations as he deems advisable regarding the 
criteria for such programs.
    (d) National Outreach and Communications Program.--
            (1) Implementation.--Within 1 year after the date 
        of enactment of the Sportfishing and Boating Safety Act 
        of 1998, the Secretary of the Interior shall develop 
        and implement, in cooperation and consultation with the 
        Sport Fishing and Boating Partnership Council, a 
        national plan for outreach and communications.
            (2) Content.--The plan shall provide--
                    (A) guidance, including guidance on the 
                development of an administrative process and 
                funding priorities, for outreach and 
                communications programs; and
                    (B) for the establishment of a national 
                program.
            (3) Secretary may match or fund programs.--Under 
        the plan, the Secretary may obligate amounts available 
        under subsection (c) or (d) of section 4 of this Act--
                    (A) to make grants to any State or private 
                entity to pay all or any portion of the cost of 
                carrying out any outreach and communications 
                program under the plan; or
                    (B) to fund contracts with States or 
                private entities to carry out such a program.
            (4) Review.--The plan shall be reviewed 
        periodically, but not less frequently than once every 3 
        years.
    (e) State Outreach and Communications Program.--Within 12 
months after the completion of the national plan under 
subsection (d)(1), a State shall develop a plan for an outreach 
and communications program and submit it to the Secretary. In 
developing the plan, a State shall--
            (1) review the national plan developed under 
        subsection (d);
            (2) consult with anglers, boaters, the sportfishing 
        and boating industries, and the general public; and
            (3) establish priorities for the State outreach and 
        communications program proposed for implementation.
    (f) Pumpout Stations and Waste Reception Facilities.--
Amounts apportioned to States under section 4 of this Act may 
be used to pay not more than 75 percent of the costs of 
constructing, renovating, operating, or maintaining pumpout 
stations and waste reception facilities (as those terms are 
defined in the Clean Vessel Act of 1992).
    (g) Surveys.--
            (1) National framework.--Within 6 months after the 
        date of enactment of the Sportfishing and Boating 
        Safety Act of 1998, the Secretary, in consultation with 
        the States, shall adopt a national framework for a 
        public boat access needs assessment which may be used 
        by States to conduct surveys to determine the adequacy, 
        number, location, and quality of facilities providing 
        access to recreational waters for all sizes of 
        recreational boats.
            (2) State surveys.--Within 18 months after such 
        date of enactment, each State that agrees to conduct a 
        public boat access needs survey following the 
        recommended national framework shall report its 
        findings to the Secretary for use in the development of 
        a comprehensive national assessment of recreational 
        boat access needs and facilities.
            (3) Exception.--Paragraph (2) does not apply to a 
        State if, within 18 months after such date of 
        enactment, the Secretary certifies that the State has 
        developed and is implementing a plan that ensures there 
        are and will be public boat access adequate to meet the 
        needs of recreational boaters on its waters.
            (4) Funding.--A State that conducts a public boat 
        access needs survey under paragraph (2) may fund the 
        costs of conducting that assessment out of amounts 
        allocated to it as funding dedicated to motorboat 
        access to recreational waters under subsection (b)(1) 
        of this section.

SEC. 9. [16 U.S.C. 777H] REQUIREMENTS AND RESTRICTIONS CONCERNING USE 
                    OF AMOUNTS FOR EXPENSES FOR ADMINISTRATION.

    (a) Authorized Expenses for Administration.--Except as 
provided in subsection (b), the Secretary of the Interior may 
use available amounts under section 4(d)(1) only for expenses 
for administration that directly support the implementation of 
this Act that consist of--
            (1) personnel costs of employees who directly 
        administer this Act on a full-time basis;
            (2) personnel costs of employees who directly 
        administer this Act on a part-time basis for at least 
        20 hours each week, not to exceed the portion of those 
        costs incurred with respect to the work hours of the 
        employee during which the employee directly administers 
        this Act, as those hours are certified by the 
        supervisor of the employee;
            (3) support costs directly associated with 
        personnel costs authorized under paragraphs (1) and 
        (2), excluding costs associated with staffing and 
        operation of regional offices of the United States Fish 
        and Wildlife Service and the Department of the Interior 
        other than for the purposes of this Act;
            (4) costs of determining under section 6(a) whether 
        State comprehensive plans and projects are substantial 
        in character and design;
            (5) overhead costs, including the costs of general 
        administrative services, that are directly attributable 
        to administration of this Act and are based on--
                    (A) actual costs, as determined by a direct 
                cost allocation methodology approved by the 
                Director of the Office of Management and Budget 
                for use by Federal agencies; and
                    (B) in the case of costs that are not 
                determinable under subparagraph (A), an amount 
                per full-time equivalent employee authorized 
                under paragraphs (1) and (2) that does not 
                exceed the amount charged or assessed for costs 
                per full-time equivalent employee for any other 
                division or program of the United States Fish 
                and Wildlife Service;
            (6) costs incurred in auditing, every 5 years, the 
        wildlife and sport fish activities of each State fish 
        and game department and the use of funds under section 
        6 by each State fish and game department;
            (7) costs of audits under subsection (d);
            (8) costs of necessary training of Federal and 
        State full-time personnel who administer this Act to 
        improve administration of this Act;
            (9) costs of travel to States, territories, and 
        Canada by personnel who--
                    (A) administer this Act on a full-time 
                basis for purposes directly related to 
                administration of State programs or projects; 
                or
                    (B) administer grants under section 6 or 
                14;
            (10) costs of travel outside the United States 
        (except travel to Canada), by personnel who administer 
        this Act on a full-time basis, for purposes that 
        directly relate to administration of this Act and that 
        are approved directly by the Assistant Secretary for 
        Fish and Wildlife and Parks;
            (11) relocation expenses for personnel who, after 
        relocation, will administer this Act on a full-time 
        basis for at least 1 year, as certified by the Director 
        of the United States Fish and Wildlife Service at the 
        time at which the relocation expenses are incurred; and
            (12) costs to audit, evaluate, approve, disapprove, 
        and advise concerning grants under sections 6 and 14.
    (b) Reporting of Other Uses.--
            (1) In general.--Subject to paragraph (2), if the 
        Secretary of the Interior determines that available 
        amounts under section 4(d)(1) should be used for an 
        expense for administration other than an expense for 
        administration described in subsection (a), the 
        Secretary--
                    (A) 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 expense 
                for administration and stating the amount of 
                the expense; and
                    (B) may use any such available amounts for 
                the expense for administration only after the 
                end of the 30-day period beginning on the date 
                of submission of the report under subparagraph 
                (A).
            (2) Maximum amount.--For any fiscal year, the 
        Secretary of the Interior may use under paragraph (1) 
        not more than $25,000.
    (c) Restriction on Use To Supplement General 
Appropriations.--The Secretary of the Interior shall not use 
available amounts under subsection (b) to supplement the 
funding of any function for which general appropriations are 
made for the United States Fish and Wildlife Service or any 
other entity of the Department of the Interior.
    (d) Audit Requirement.--
            (1) In general.--The Inspector General of the 
        Department of the Interior shall procure the 
        performance of biennial audits, in accordance with 
        generally accepted accounting principles, of 
        expenditures and obligations of amounts used by the 
        Secretary of the Interior for expenses for 
        administration incurred in implementation of this Act.
            (2) Auditor.--
                    (A) In general.--An audit under this 
                subsection shall be performed under a contract 
                that is awarded under competitive procedures 
                (as defined in section 4 of the Office of 
                Federal Procurement Policy Act (41 U.S.C. 403)) 
                by a person or entity that is not associated in 
                any way with the Department of the Interior 
                (except by way of a contract for the 
                performance of an audit or other review).
                    (B) Supervision of auditor.--The auditor 
                selected under subparagraph (A) shall report 
                to, and be supervised by, the Inspector General 
                of the Department of the Interior, except that 
                the auditor shall submit a copy of the biennial 
                audit findings to the Secretary of the Interior 
                at the time at which the findings are submitted 
                to the Inspector General of the Department of 
                the Interior.
            (3) Report to congress.--The Inspector General of 
        the Department of the Interior shall promptly submit to 
        the Committee on Resources of the House of 
        Representatives and the Committee on Environment and 
        Public Works of the Senate--
                    (A) a report on the results of each audit 
                under this subsection; and
                    (B) a copy of each audit under this 
                subsection.

    Sec. 10. [16 U.S.C. 777i] The Secretary of the Interior is 
authorized to make rules and regulations for carrying out the 
provisions of this Act.

    [SEC. 11. REPEALED, PUBLIC LAW 89-348 (79 STAT. 1311).]

    Sec. 12. [16 U.S.C. 777k] The Secretary of the Interior is 
authorized to cooperate with the Secretary of Agriculture of 
Puerto Rico, the Mayor of the District of Columbia, the 
Governor of Guam, the Governor of American Samoa, the Governor 
of the Commonwealth of the Northern Mariana Islands, and the 
Governor of the Virgin Islands, in the conduct of fish 
restoration and management projects as defined in section 2 of 
this Act, upon such terms and conditions as he shall deem fair, 
just, and equitable, and is authorized to apportion to Puerto 
Rico, the District of Columbia, Guam, American Samoa, the 
Commonwealth of the Northern Mariana Islands, and the Virgin 
Islands, out of money available for apportionment under this 
Act, such sums as he shall determine, not exceeding for Puerto 
Rico 1 per centum, for the District of Columbia one-third of 1 
per centum, for Guam one-third of 1 per centum, for American 
Samoa one-third of 1 per centum, for the Commonwealth of the 
Northern Mariana Islands one-third of 1 per centum, and for the 
Virgin Islands one-third of 1 per centum of the total amount 
apportioned in any one year, but the Secretary shall in no 
event require any of said cooperating agencies to pay an amount 
which will exceed 25 per centum of the cost of any project. Any 
unexpended or unobligated balance of any apportionment made 
pursuant to this section shall be made available for 
expenditure in Puerto Rico, the District of Columbia, Guam, the 
Commonwealth of the Northern Mariana Islands, or the Virgin 
Islands, as the case may be, in the succeeding year, on any 
approved projects, and if unexpended or unobligated at the end 
of such year is authorized to be made available for expenditure 
by the Secretary of the Interior in carrying on the research 
program of the Fish and Wildlife Service in respect to fish of 
material value for sport or recreation.

SEC. 13. [16 U.S.C. 777L] STATE USE OF CONTRIBUTIONS.

    A State may use contributions of funds, real property, 
materials, and services to carry out an activity under this Act 
in lieu of payment by the State of the State share of the cost 
of such activity. Such a State share shall be considered to be 
paid in an amount equal to the fair market value of any 
contribution so used.

SEC. 14. [16 U.S.C. 777M] MULTISTATE CONSERVATION GRANT PROGRAM.

    (a) In General.--
            (1) Amount for grants.--Of the balance of each 
        annual appropriation made under section 3 remaining 
        after the distribution and use under subsections (a), 
        (b), and (c) of section 4 in a fiscal year, not more 
        than $3,000,000 shall be available to the Secretary of 
        the Interior for making multistate conservation project 
        grants in accordance with this section.
            (2) Period of availability; apportionment.--
                    (A) Period of availability.--Amounts made 
                available under paragraph (1) shall remain 
                available for making grants only for the first 
                fiscal year for which the amount is made 
                available and the following fiscal year.
                    (B) Apportionment.--At the end of the 
                period of availability under subparagraph (A), 
                the Secretary of the Interior shall apportion 
                any amounts that remain available among the 
                States in the manner specified in section 4(e) 
                for use by the States in the same manner as 
                funds apportioned under section 4(e).
    (b) Selection of Projects.--
            (1) States or entities to be benefited.--A project 
        shall not be eligible for a grant under this section 
        unless the project will benefit--
                    (A) at least 26 States;
                    (B) a majority of the States in a region of 
                the United States Fish and Wildlife Service; or
                    (C) a regional association of State fish 
                and game departments.
            (2) Use of submitted priority list of projects.--
        The Secretary of the Interior may make grants under 
        this section only for projects identified on a priority 
        list of sport fish restoration projects described in 
        paragraph (3).
            (3) Priority list of projects.--A priority list 
        referred to in paragraph (2) is a priority list of 
        sport fish restoration projects that the International 
        Association of Fish and Wildlife Agencies--
                    (A) prepares through a committee comprised 
                of the heads of State fish and game departments 
                (or their designees), in consultation with--
                            (i) nongovernmental organizations 
                        that represent conservation 
                        organizations;
                            (ii) sportsmen organizations; and
                            (iii) industries that fund the 
                        sport fish restoration programs under 
                        this Act;
                    (B) approves by vote of a majority of the 
                heads of State fish and game departments (or 
                their designees); and
                    (C) not later than October 1 of each fiscal 
                year, submits to the Assistant Director for 
                Wildlife and Sport Fish Restoration Programs.
            (4) Publication.--The Assistant Director for 
        Wildlife and Sport Fish Restoration Programs shall 
        publish in the Federal Register each priority list 
        submitted under paragraph (3)(C).
    (c) Eligible Grantees.--
            (1) In general.--The Secretary of the Interior may 
        make a grant under this section only to--
                    (A) a State or group of States;
                    (B) the United States Fish and Wildlife 
                Service, or a State or group of States, for the 
                purpose of carrying out the National Survey of 
                Fishing, Hunting, and Wildlife-Associated 
                Recreation; and
                    (C) subject to paragraph (2), a 
                nongovernmental organization.
            (2) Nongovernmental organizations.--
                    (A) In general.--Any nongovernmental 
                organization that applies for a grant under 
                this section shall submit with the application 
                to the International Association of Fish and 
                Wildlife Agencies a certification that the 
                organization--
                            (i) will not use the grant funds to 
                        fund, in whole or in part, any activity 
                        of the organization that promotes or 
                        encourages opposition to the regulated 
                        taking of fish; and
                            (ii) will use the grant funds in 
                        compliance with subsection (d).
                    (B) Penalties for certain activities.--Any 
                nongovernmental organization that is found to 
                use grant funds in violation of subparagraph 
                (A) shall return all funds received under this 
                section and be subject to any other applicable 
                penalties under law.
    (d) Use of Grants.--A grant under this section shall not be 
used, in whole or in part, for an activity, project, or program 
that promotes or encourages opposition to the regulated taking 
of fish.
    (e) Funding for Other Activities.--Of the balance of each 
annual appropriation made under section 3 remaining after the 
distribution and use under subsections (a), (b), and (c) of 
section 4 for each fiscal year and after deducting amounts used 
for grants under subsection (a)--
            (1) $200,000 shall be made available for each of--
                    (A) the Atlantic States Marine Fisheries 
                Commission;
                    (B) the Gulf States Marine Fisheries 
                Commission;
                    (C) the Pacific States Marine Fisheries 
                Commission; and
                    (D) the Great Lakes Fisheries Commission; 
                and
            (2) $400,000 shall be made available for the Sport 
        Fishing and Boating Partnership Council established by 
        the United States Fish and Wildlife Service.
    (f) Nonapplicability of Federal Advisory Committee Act.--
The Federal Advisory Committee Act (5 U.S.C. App.) shall not 
apply to any activity carried out under this section.

SEC. 15. NONAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT.

    Coordination with State fish and game department personnel 
or with personnel of any other State agency under this Act 
shall not be subject to the Federal Advisory Committee Act (5 
U.S.C. App.).

SEC. [15.] 16. [16 U.S.C. 777 NOTE] SHORT TITLE.

    This Act may be cited as the ``Dingell-Johnson Sport Fish 
Restoration Act''.
                              ----------                              


                          [Public Law 102-587]

 AN ACT to provide Congressional approval of a Governing International 
               Fishery Agreement, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Oceans Act of 1992''.

           *       *       *       *       *       *       *


   This Title may be cited as the ``Partnerships for Wildlife Act''.

SEC. 7102. FINDINGS.

    The Congress finds the following:
            (1) Three-fourths of all American children and 
        adults participate in wildlife-related recreational 
        activities other than hunting, fishing and trapping.
            (2) In 1985, Americans spent over $14 billion on 
        non-consumptive wildlife-related recreation.
            (3) The United States and Canada are inhabited by 
        approximately two thousand six hundred vertebrate 
        species of native fish and wildlife, which have 
        provided food, clothing, and other essentials to a 
        rapidly expanding human population.
            (4) Over 80 percent of vertebrate fish and wildlife 
        species in North America are not harvested for human 
        use.
            (5) The continued well-being of this once-abundant 
        fish and wildlife resource, and even the very existence 
        of many species, is in peril.
            (6) In 1967, the United States Fish and Wildlife 
        Service reported that forty-five common migratory bird 
        species, which are not hunted, had exhibited 
        significant declines in abundance, and that thirteen of 
        these species have experienced widespread, systematic 
        declines of 46.9 percent during a twenty-year study 
        period.
            (7) There have been nationwide declines in frogs 
        and other amphibians.
            (8) Over two hundred and seventy-five of vertebrate 
        fish and wildlife species in the United States are now 
        officially classified as threatened or endangered by 
        the Federal Government.
            (9) During the past decade, fish and wildlife 
        species, including invertebrates, were added to the 
        rapidly growing list of threatened and endangered 
        species in North America at the average rate of over 
        one per month.
            (10) Currently, eighty-two species of invertebrates 
        in the United States are listed as threatened or 
        endangered under the Endangered Species Act, and 
        another nine hundred and fifty-one United States 
        invertebrate species are candidates for listing under 
        that Act.
            (11) Proper management of fish and wildlife, before 
        species become threatened or endangered with 
        extinction, is the key to reversing the increasingly 
        desperate status of fish and wildlife.
            (12) Proper fish and wildlife conservation includes 
        not only management of fish and wildlife species taken 
        for recreation and protection of endangered and 
        threatened species, but also management of the vast 
        majority of species which fall into neither category.
            (13) Partnerships in fish and wildlife 
        conservation, such as the Federal Aid in Wildlife 
        Restoration Program, the Federal Aid in Sport Fish 
        Restoration Program, and the North American Wetlands 
        Conservation Act have benefitted greatly the 
        conservation of fish and wildlife and their habitats.
            (14) A program that encourages partnerships among 
        Federal and State governments and private entities to 
        carry out wildlife conservation and appreciation 
        projects would benefit all species of fish and wildlife 
        through such activities as management, research, and 
        interagency coordination.
            (15) Many States, which are experiencing declining 
        revenues, are finding it increasingly difficult to 
        carry out projects to conserve the entire array of 
        diverse fish and wildlife species and to provide 
        opportunities for the public to associate with, enjoy, 
        and appreciate fish and wildlife through nonconsumptive 
        activities.

SEC. 7103 PURPOSES.

    The purposes of this title are to establish a partnership 
among the United States Fish and Wildlife Service, designated 
State agencies, and private organizations and individuals--
            (1) to carry out wildlife conservation and 
        appreciation projects to conserve the entire array of 
        diverse fish and wildlife species in the United States 
        and to provide opportunities for the public to use and 
        enjoy these fish and wildlife species through 
        nonconsumptive activities;
            (2) to enable designated State agencies to respond 
        more fully and utilize their statutory and 
        administrative authorities by carrying out wildlife 
        conservation and appreciation projects; and
            (3) to encourage private donations, under the 
        leadership of the National Fish and Wildlife 
        Foundation, to carry out wildlife conservation and 
        appreciation projects.

SEC. 7104. DEFINITIONS.

    As used in this title--
            (1) The terms ``conserve'' and ``conservation'' 
        mean to use, and the use of, such methods and 
        procedures which are necessary to ensure, to the 
        maximum extent practicable, the well being and 
        enhancement of fish and wildlife and their habitats for 
        the educational, aesthetic, cultural, recreational, 
        scientific, and ecological enrichment of the public. 
        Such methods and procedures may include, but are not 
        limited to, any activity associated with scientific 
        resources management, such as research, census, law 
        enforcement, habitat acquisition, maintenance, 
        development, information, education, population 
        manipulation, propagation, technical assistance to 
        private landowners, live trapping, and transplantation.
            (2) The term ``designated State agency'' means the 
        State fish and wildlife agency, which shall be 
        construed to mean any department, or any division of 
        any department of another name, of a State that is 
        empowered under its laws to exercise the functions 
        ordinarily exercised by a State fish and wildlife 
        agency.
            (3) The term ``fish and wildlife'' means wild 
        members of the animal kingdom that are in an unconfined 
        state.
            (4) The term ``Fund'' means the Wildlife 
        Conservation and Appreciation Fund established under 
        section 5(f) of this Act.
            (5) The term ``National Fish and Wildlife 
        Foundation'' means the charitable and nonprofit 
        corporation established under section 2 of the National 
        Fish and Wildlife Foundation Establishment Act (16 
        U.S.C. 3701).
            (6) The term ``nonconsumptive activities'' means 
        fish and wildlife associated activities other than 
        harvesting of fish and wildlife and includes, but is 
        not limited to, photographing, observing, learning 
        about, or associating with, fish and wildlife.
            (7) The term ``Secretary'' means the Secretary of 
        the Interior, acting through the Director of the United 
        States Fish and Wildlife Service.
            (8) The term ``wildlife conservation and 
        appreciation project'' means a project which is 
        directed toward nonconsumptive activities or toward the 
        conservation of those species of fish and wildlife 
        that--
                2    (A) are not ordinarily taken for 
                recreation, fur, or food; except that if under 
                applicable State law, any fish and wildlife may 
                be taken for recreation, fur, or food in some 
                but not all, areas of the State, a wildlife 
                conservation and appreciation project may be 
                directed toward the conservation of any of such 
                fish and wildlife within any area of the State 
                in which such taking is not permitted.
                    (B) are not listed as endangered species or 
                threatened species under the Endangered Species 
                Act of 1973, as amended (16 U.S.C. 1531-1543); 
                and
                    (C) are not marine mammals within the 
                meaning of section 3(5) of the Marine Mammal 
                Protection Act of 1972, as amended (16 U.S.C. 
                1362(5)).

SEC. 7105. WILDLIFE PARTNERSHIP PROGRAM.

    (a) In general.--The Secretary shall provide the amounts 
available in the Fund to designated State agencies on a 
matching basis to assist in carrying out wildlife conservation 
and appreciation projects that are eligible under subsection 
(b) of this section.
    (b) Eligible projects.--The following wildlife conservation 
and appreciation projects shall be eligible for matching funds 
from the Fund:
            (1) inventory of fish and wildlife species;
            (2) determination and monitoring of the size, range 
        and distribution of populations of fish and wildlife 
        species;
            (3) identification of the extent, condition, and 
        location of the significant habitats of fish and 
        wildlife species;
            (4) identification of the significant problems that 
        may adversely affect fish and wildlife species and 
        their significant habitats;
            (5) actions to conserve fish and wildlife species 
        and their habitats; and
            (6) actions of which the principal purpose is to 
        provide opportunities for the public to use and enjoy 
        fish and wildlife through nonconsumptive activities.
    (c) Project standards.--The Secretary shall not provide 
funding to carry out an eligible wildlife conservation and 
appreciation project unless the Secretary determines that such 
a project--
            (1) is planned adequately to accomplish the stated 
        objective or objectives;
            (2) utilizes accepted fish and wildlife management 
        principles, sound design and appropriate procedures;
            (3) will yield benefits pertinent to the identified 
        need at a level commensurate with project costs;
            (4) provides for the tracking of costs and 
        accomplishments related to the project;
            (5) provides for monitoring, evaluating, and 
        reporting of the accomplishment of project objectives; 
        and
            (6) complies with all applicable Federal 
        environmental laws and regulations.
    (d) Limitations on federal payment.--The amount of 
appropriated Federal funds provided from the Fund by the 
Secretary to any designated State Agency with respect to any 
fiscal year to carry out an eligible wildlife conservation and 
appreciation project under this section--
            (1) may not exceed $250,000;
            (2) may not exceed one third of the total project 
        cost for that fiscal year;
            (3) may not exceed 40 percent of the total project 
        cost for that fiscal year if designated State agencies 
        from two or more States cooperate in implementing such 
        a project;
            (4) may not be used to defray the administrative 
        cost of State programs; and
            (5) may not exceed the State share of the cost of 
        implementing such a project.
    (e) Form of state share.--The share of the cost of carrying 
out eligible projects under this section shall be from a non-
Federal source and shall not be in the form of an in-kind 
contribution.
    (f) Eligibility of designated state agencies.--No 
designated State agency shall be eligible to receive matching 
funds from the Wildlife Conservation and Appreciation Fund if 
revenue derived from activities regulated by such an agency is 
diverted for any purpose other than the management and 
conservation of fish and wildlife. Such revenue shall include, 
but not be limited to, all income from the sale of hunting, 
fishing and trapping licenses; all income from nongame checkoff 
systems; all income from the sale of waterfowl, habitat 
conservation, and other stamps that are requisite for engaging 
in certain activities regulated by the designated State agency; 
all income from the sale of any commodities and products by the 
designated State agency from lands and waters administered by 
the State for fish and wildlife purposes; and all funds 
apportioned to the designated State agency under the Federal 
Aid in Wildlife and Sport Fish Restoration Programs.
    (g) Establishment of fund--
            (1) The Secretary shall establish the Fund, which 
        shall consist of amounts deposited into the Fund by the 
        Secretary under paragraph (2) of this subsection.
            (2) The Secretary shall deposit into the Fund--
                    (A) amounts appropriated to the Secretary 
                for deposit to the Fund, of which not more than 
                4 percent shall be available to the Secretary 
                and the National Fish and Wildlife Foundation 
                to defray the costs of administering this Act 
                and evaluating wildlife conservation and 
                appreciation projects; and
                    (B) amounts received as donations from the 
                National Fish and Wildlife Foundation or other 
                private entities or persons for deposit to the 
                Fund.
            (3) The Secretary may accept and use donations from 
        the National Fish and Wildlife Foundation and other 
        private entities or persons for purposes of assisting 
        States under this section.
            (4) Of the total amount provided from the Fund to 
        assist a State in carrying out a wildlife conservation 
        and appreciation project under subsection (a) of this 
        section, at least 50 percent shall have been donated to 
        the Fund by the National Fish and Wildlife Foundation.
    (h) Authorization of appropriations.--There are authorized 
to be appropriated to the Fund and to the Secretary for each of 
fiscal years 1992 through 1995 not to exceed $6,250,000 to 
match the amount of contributions made to the Fund by the 
National Fish and Wildlife Foundation.

SEC. 7106. NON-FEDERAL LAND CONSERVATION GRANT PROGRAM.

    (a) Establishment.--In consultation with appropriate State, 
regional, and other units of government, the Secretary shall 
establish a competitive grant program, to be known as the 
``Non-Federal Land Conservation Grant Program'' (referred to in 
this section as the ``program'), to make grants to States or 
groups of States to pay the Federal share determined under 
subsection (c)(4) of the costs of conservation of non-Federal 
land or water of regional or national significance.
    (b) Ranking Criteria.--In selecting among applications for 
grants for projects under the program, the Secretary shall--
            (1) rank projects according the extent to which a 
        proposed project will protect watersheds and important 
        scenic, cultural, recreational, fish, wildlife, and 
        other ecological resources; and
            (2) subject to paragraph (1), give preference to 
        proposed projects--
                    (A) that seek to protect ecosystems;
                    (B) that are developed in collaboration 
                with other States;
                    (C) with respect to which there has been 
                public participation in the development of the 
                project proposal;
                    (D) that are supported by communities and 
                individuals that are located in the immediate 
                vicinity of the proposed project or that would 
                be directly affected by the proposed project; 
                or
                    (E) that the State considers to be a State 
                priority.
    (c) Grants to States.--
            (1) Notice of deadline for applications.--The 
        Secretary shall give reasonable advance notice of each 
        deadline for submission of applications for grants 
        under the program by publication of a notice in the 
        Federal Register.
            (2) Submission of applications.--
                    (A) In general.--A State or group of States 
                may submit to the Secretary an application for 
                a grant under the program.
                    (B) Required contents of applications.--
                Each application shall include--
                            (i) a detailed description of each 
                        proposed project;
                            (ii) a detailed analysis of project 
                        costs, including costs associated 
                        with--
                                    (I) planning;
                                    (II) administration;
                                    (III) property acquisition; 
                                and
                                    (IV) property management;
                            (iii) a statement describing how 
                        the project is of regional or national 
                        significance; and
                            (iv) a plan for stewardship of any 
                        land or water, or interest in land or 
                        water, to be acquired under the 
                        project.
            (3) Selection of grant recipients.--Not later than 
        90 days after the date of receipt of an application, 
        the Secretary shall--
                    (A) review the application; and
                    (B)(i) notify the State or group of States 
                of the decision of the Secretary on the 
                application; and
                    (ii) if the application is denied, provide 
                an explanation of the reasons for the denial.
            (4) Cost sharing.--The Federal share of the costs 
        of a project under the program shall be--
                    (A) in the case of a project to acquire an 
                interest in land or water that is not a 
                permanent conservation easement, not more than 
                50 percent of the costs of the project;
                    (B) in the case of a project to acquire a 
                permanent conservation easement, not more than 
                70 percent of the costs of the project; and
                    (C) in the case of a project involving 2 or 
                more States, not more than 75 percent of the 
                costs of the project.
            (5) Effect of insufficiency of funds.--If the 
        Secretary determines that there are insufficient funds 
        available to make grants with respect to all 
        applications that meet the requirements of this 
        subsection, the Secretary shall give priority to those 
        projects that best meet the ranking criteria 
        established under subsection (b).
            (6) Grants to state of new hampshire.--
        Notwithstanding subsection (b) and paragraphs (3) and 
        (5), the Secretary shall make grants under the program 
        to the State of New Hampshire to pay the Federal share 
        determined under paragraph (4) of the costs of 
        acquiring conservation easements with respect to land 
        or water located in northern New Hampshire and sold by 
        International Paper to the Trust for Public Land.
    (d) Report.--Not later than 60 days after the end of each 
fiscal year, the Secretary shall submit to the Committee on 
Environment and Public Works of the Senate and the Committee on 
Resources of the House of Representatives a report describing 
the grants made under this section, including an analysis of 
how projects were ranked under subsection (b).
    (e) Authorization of Appropriations.--There are authorized 
to be appropriated--
            (1) to carry out this section (other than 
        subsection (c)(6)) $50,000,000 for each of fiscal years 
        2002 through 2006; and
            (2) to carry out subsection (c)(6) $9,000,000 for 
        the period of fiscal years 2002 and 2003.

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 2002 through 2006.

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                              ----------                              


               DINGELL-JOHNSON SPORT FISH RESTORATION ACT

           [Chapter 658, Approved Aug. 9, 1950, 64 Stat. 430]

           [Amended through Public Law 106-408, Nov. 1, 2000]

 AN ACT To provide that the United States shall aid the States in fish 
restoration and management projects, and for other purposes.

           *       *       *       *       *       *       *


SEC. 15. NONAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT.

    Coordination with State fish and game department personnel 
or with personnel of any other State agency under this Act 
shall not be subject to the Federal Advisory Committee Act (5 
U.S.C. App.).

SEC. [15.] 16. [16 U.S.C. 777 NOTE] SHORT TITLE.

    This Act may be cited as the ``Dingell-Johnson Sport Fish 
Restoration Act''.