99–010

Calendar No. 283

107TH CONGRESS REPORT

1st Session " ! SENATE 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

REPORT

[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, amVerDate 11-MAY-2000 15:31 Dec 13, 2001 Jkt 000000 PO 00000 Frm 00001 Fmt 6659 Sfmt 6601 S990.RPT SENVIR1 PsN: SENVIR1
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phibians, 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.

§ 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, upVerDate 11-MAY-2000 15:31 Dec 13, 2001 Jkt 000000 PO 00000 Frm 00002 Fmt 6659 Sfmt 6601 S990.RPT SENVIR1 PsN: SENVIR1
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land 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

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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; wildlifeassociated 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.

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‘‘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 DingellJohnson 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.

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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.

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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

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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, outVerDate 11-MAY-2000 15:31 Dec 13, 2001 Jkt 000000 PO 00000 Frm 00008 Fmt 6659 Sfmt 6601 S990.RPT SENVIR1 PsN: SENVIR1
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door 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 conservaVerDate 11-MAY-2000 15:31 Dec 13, 2001 Jkt 000000 PO 00000 Frm 00009 Fmt 6659 Sfmt 6601 S990.RPT SENVIR1 PsN: SENVIR1
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tion 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 coordinaVerDate 11-MAY-2000 15:31 Dec 13, 2001 Jkt 000000 PO 00000 Frm 00010 Fmt 6659 Sfmt 6601 S990.RPT SENVIR1 PsN: SENVIR1
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tion 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).

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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.

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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. § 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 reVerDate 11-MAY-2000 15:31 Dec 13, 2001 Jkt 000000 PO 00000 Frm 00013 Fmt 6659 Sfmt 6601 S990.RPT SENVIR1 PsN: SENVIR1
14

covery 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

15

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 multiplespecies 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

16

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

17

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.

18

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

19

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 ownerVerDate 11-MAY-2000 15:31 Dec 13, 2001 Jkt 000000 PO 00000 Frm 00019 Fmt 6659 Sfmt 6601 S990.RPT SENVIR1 PsN: SENVIR1
20

ship, 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.

21

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.

22

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, payas-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 Level .............................................................. 18 25 36 41 42

Estimated Outlays ................................................................................. 4 12 24 35 39

Total.

Estimated Authorization Level .............................................................. 627 625 636 641 642

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.

23

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

24

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 øblack 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 wildliferestoration projects, and for other purposes.

Be it enacted by the Senate and House of Representatives of the

United States of America in Congress assembled, ø16 U.S.C. 669¿

øThat the¿

25

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.

SECTION 1. COOPERATION OF SECRETARY OF THE INTERIOR WITH

STATES.

The øSecretary 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 øSecretary 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

øSEC. 2. ø16 U.S.C. 669a¿ DEFINITIONS.

øAs used in this Act—

ø(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;

ø(2) the term ‘‘Secretary’’ means the Secretary of the Interior;

ø(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.

ø(4) the term ‘‘wildlife’’ means any species of wild, freeranging 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;

ø(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, observaVerDate 11-MAY-2000 15:31 Dec 13, 2001 Jkt 000000 PO 00000 Frm 00025 Fmt 6659 Sfmt 6601 S990.RPT SENVIR1 PsN: SENVIR1
26

tion towers, blinds, platforms, land and water trails, water access, field trialing, trail heads, and access for such projects;

ø(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;

ø(7) the term ‘‘wildlife conservation education’’ means

projects, including public outreach, intended to foster responsible natural resource stewardship; and

ø(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

27

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.—

28

2The 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’’.

(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.

øSEC. 3. ø16 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 ø(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 SecVerDate 11-MAY-2000 15:31 Dec 13, 2001 Jkt 000000 PO 00000 Frm 00028 Fmt 6659 Sfmt 6601 S990.RPT SENVIR1 PsN: SENVIR1
29

retary of Agriculture in carrying out the provisions of the Migratory Bird Conservation Act.

ø(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 RESTORA- TION’’ under the heading ‘‘FISH AND WILDLIFE SERV- ICE’’ 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 interestbearing 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.

ø(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,

30

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.

ø(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.

ø(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.

ø(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. ø16 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 øSecretary 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.—

31

3The 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.

(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 øSecretary 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 øSecretary 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 øsaid 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 huntinglicense 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.

ø(c) 3 APPORTIONMENT OF WILDLIFE CONSERVATION AND RESTORATION ACCOUNT.—

ø(1) The øSecretary of the Interior¿ Secretary shall make

the following apportionment from the Wildlife Conservation

and Restoration Account:

32

4So in law. Should be ‘‘To’’.

ø(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.

ø(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.

ø(2)(A) The øSecretary 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:

ø(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

ø(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.

ø(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.

ø(d) WILDLIFE CONSERVATION AND RESTORATION PROGRAMS.—

ø(1) Any State, through its fish and wildlife department,

may apply to the øSecretary 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—

ø(A) provisions vesting in the fish and wildlife department of the State overall responsibility and accountability

for the program;

ø(B) provisions for the development and implementation of—

ø(i) wildlife conservation projects that expand and

support existing wildlife programs, giving appropriate

consideration to all wildlife;

ø(ii) wildlife-associated recreation projects; and

ø(iii) wildlife conservation education projects pursuant to programs under section 8(a); and

ø(C) provisions to ensure public participation in the

development, revision, and implementation of projects and

programs required under this paragraph.

ø(D) WILDLIFE CONSERVATION STRATEGY.—Within five

years of the date of the initial apportionment, develop and

begin implementation of a wildlife conservation strategy

33

based upon the best available and appropriate scientific information and data that— ø(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;

ø(ii) identifies the extent and condition of wildlife

habitats and community types essential to conservation of species identified under paragraph (1);

ø(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;

ø(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;

ø(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;

ø(vi) provides for the review of the State wildlife

conservation strategy and, if appropriate, revision at

intervals of not more than ten years;

ø(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.

ø(2) A State shall provide an opportunity for public participation in the development of the comprehensive plan required

under paragraph (1).

ø(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.

ø(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

34

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.

ø(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.

ø(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, TERRI- TORIES, 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

21⁄4 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 paraVerDate 11-MAY-2000 15:31 Dec 13, 2001 Jkt 000000 PO 00000 Frm 00034 Fmt 6659 Sfmt 6601 S990.RPT SENVIR1 PsN: SENVIR1
35

graph (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. ø16 U.S.C. 669d¿ For each fiscal year, the øSecretary

of the Interior¿ Secretary shall certify, at the time at which a deduction or apportionment is made, to the Secretary of the Treasury

36

5Margins of paragraphs (1) and (2) so in law.

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 øSecretary 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 øSecretary of the Interior¿ Secretary as herein

provided is authorized to be made available for expenditure by the

øSecretary of the Interior¿ Secretary in carrying out the provisions

of the Migratory Bird Conservation Act.

øSEC. 6. ø16 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 øSecretary 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 øSecretary of

the Interior¿ Secretary. If the øSecretary 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 øthis 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

(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 øSecretary of the Interior¿ Secretary full

and detailed statements of any wildlife-restoration project proposed

for that State. If the øSecretary 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 øSecretary 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 øsaid 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

37

The øSecretary 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 øSecretary 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 øestablished by section 3 of this

Act¿ shall not exceed in any one fiscal year 3 per centum of the

annual apportionment to the State.

øSEC. 7. ø16 U.S.C. 669f¿

SEC. 7. PAYMENT OF FUNDS TO STATES.

(a) When the øSecretary 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 øSecretary 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 øSecretary 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 øSecretary of the Interior¿ Secretary and

in accordance with rules and regulations made pursuant to this

Act. The øSecretary 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 TreasVerDate 11-MAY-2000 15:31 Dec 13, 2001 Jkt 000000 PO 00000 Frm 00037 Fmt 6659 Sfmt 6601 S990.RPT SENVIR1 PsN: SENVIR1
38

ury, on warrants drawn by the øSecretary 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.

øSEC. 8. ø16 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. øFunds 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.

øSEC. 8A. ø16 U.S.C. 669g–1¿

SEC. 8A. APPORTIONMENTS TO TERRITORIES.

The øSecretary 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

39

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 øSecretary of the Interior¿ Secretary in carrying out the provisions of the Migratory Bird Conservation Act.

SEC. 9. ø16 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 øSecretary of the Interior¿ Secretary

may use available amounts under øsection 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 fulltime personnel who administer this Act to improve administration of this Act;

40

(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 fulltime 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 øSecretary of the Interior¿ Secretary determines that available

amounts under øsection 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 øSecretary

of the Interior¿ Secretary may use under paragraph (1) not more than $25,000.

(c) RESTRICTION ON USE TO SUPPLEMENT GENERAL APPROPRIA- TIONS.—The øSecretary 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 øSecretary 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

41

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 øSecretary 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. ø16 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 øSecretary 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.

42

(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 øSecretary 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. ø16 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 øSecretary 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 øSecretary 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

øSecretary of the Interior¿ Secretary may make grants under

this section only for projects identified on a priority list of

øwildlife 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—

43

(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 øSecretary 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.—

44

(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

45

(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);

46

(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.—

47

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 øSecretary of the Interior¿

Secretary.

(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.

øSEC. ø12.¿ 13. ø16 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.

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.).

48

SEC. ø13.¿ 15. ø16 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, ø16 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.

øSec. 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. ø16 U.S.C. 1531¿ (a) FINDINGS.—The Congress finds

and declares that—

* * * * * * *

øCONFORMING AMENDMENTS

øSEC. 13.

ø (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

49

the Secretary to control or regulate hunting or fishing of resident

fish and wildlife on lands not within the system.’’

ø(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.’’

ø(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:

ø‘‘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:

ø‘‘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.’’

ø(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:

ø‘‘The Secretary is authorized to acquire areas of land, or

interests therein, which are suitable for—

ø‘‘(1) incidental fish and wildlife-oriented recreational development;

ø‘‘(2) the protection of natural resources;

ø‘‘(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

ø‘‘(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.’’

ø(e) The Marine Mammal Protection Act of 1972 (16 U.S.C.

1361–1407) is amended—

ø(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’’;

ø(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’’.

ø(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

50

ø(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’’. ø(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

51

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 ACTIVI- TIES.—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.

52

(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—

53

(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.]

54

1So in original. Probably should be ‘‘section’’.

AUTHORIZATION OF APPROPRIATIONS

SEC. 15. ø16 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.

(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. ø16 U.S.C. 1531 note¿ This Act shall take effect on

the date of its enactment.

MARINE MAMMAL PROTECTION ACT OF 1972

SEC. 17. ø16 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. ø16 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 SecVerDate 11-MAY-2000 15:31 Dec 13, 2001 Jkt 000000 PO 00000 Frm 00054 Fmt 6659 Sfmt 6601 S990.RPT SENVIR1 PsN: SENVIR1
55

7Transfer 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.

retary 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, ø16 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.

(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

56

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. ø16 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 prelimiVerDate 11-MAY-2000 15:31 Dec 13, 2001 Jkt 000000 PO 00000 Frm 00056 Fmt 6659 Sfmt 6601 S990.RPT SENVIR1 PsN: SENVIR1
57

8The 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.

9Transfer 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.

nary 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. ø16 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.

SEC. 4. ø16 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

58

section 3 of this Act, such sums shall remain available to carry out

such Act through fiscal year 2009.

(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

59

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 DIN- GELL-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

60

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. ø16 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.

61

SEC. 6. ø16 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.

62

10So in original. Probably should be ‘‘from’’.

(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.

SEC. 7. ø16 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. ø16 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, deVerDate 11-MAY-2000 15:31 Dec 13, 2001 Jkt 000000 PO 00000 Frm 00062 Fmt 6659 Sfmt 6601 S990.RPT SENVIR1 PsN: SENVIR1
63

velopment, 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 comVerDate 11-MAY-2000 15:31 Dec 13, 2001 Jkt 000000 PO 00000 Frm 00063 Fmt 6659 Sfmt 6601 S990.RPT SENVIR1 PsN: SENVIR1
64

munications 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. ø16 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

65

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 fulltime 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 fulltime 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

66

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. ø16 U.S.C. 777i¿ The Secretary of the Interior is authorized to make rules and regulations for carrying out the provisions of this Act.

67

[Sec. 11. Repealed, Public Law 89–348 (79 Stat. 1311).]

SEC. 12. ø16 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 onethird 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. ø16 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. ø16 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

68

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—

69

(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. ø15.¿ 16. ø16 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:

70

(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

71

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.

72

(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

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(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.

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(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;

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(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;

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(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.—

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(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.

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(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.

* * * * * * *

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. ø15.¿ 16. ø16 U.S.C. 777 note¿ SHORT TITLE.

This Act may be cited as the ‘‘Dingell-Johnson Sport Fish Restoration Act’’.

Æ