opment projects as hereafter described. Any amount of
any apportionment under this subsection that has not
been paid or obligated by the Secretary during the fiscal
year in which such notification is given and the two fiscal
years thereafter shall be reapportioned by the Secretary
in accordance with paragraph (2), but without regard to
the 10 percent limitation to an individual State specified
in paragraph (3).
‘‘(5)(A) For the purposes of paragraph (2)(A)—
‘‘(i) the District of Columbia shall be treated as
a State; and
‘‘(ii) Puerto Rico, the Virgin Islands, Guam,
and American Samoa—
‘‘(I) shall be treated collectively as one
State; and
‘‘(II) shall each be allocated an equal share
of any amount distributed to them pursuant to
clause (i).
‘‘(B) Each of the areas referred to in subparagraph
(A) shall be treated as a State for all other purposes of
this Act.’’.
(b) TRIBES AND ALASKA NATIVE CORPORATIONS.—
Section 6(b)(5) (16 U.S.C. 460l–8(b)(5)) is further
amended by adding at the end the following new subpara-
graph:
‘‘(C) For the purposes of paragraph (1), all federally
recognized Indian tribes, or in the case of Alaska, Native
Corporations (as defined in section 3 of the Alaska Native
Claims Settlement Act (43 U.S.C. 1602)), shall be eligible
to receive shares of the apportionment under paragraph
(1) in accordance with a competitive grant program estab-
lished by the Secretary by rule. The total apportionment
available to such tribes, or in the case of Alaska, Native
Corporations shall be equivalent to the amount available
to a single State. No single tribe, nor in the case of Alas-
ka, Native Corporation shall receive a grant that con-
stitutes more than 10 percent of the total amount made
available to all tribes and Alaska Native Corporations pur-
suant to the apportionment under paragraph (1). Funds
received by a tribe, or in the case of Alaska, Native Cor-
poration under this subparagraph may be expended only
for the purposes specified in clauses (1) and (3) of sub-
section (a).’’.
(c) LOCAL ALLOCATION.—Section 6(b) (16 U.S.C.
460l–8(b)) is amended by adding at the end the following:
‘‘(6) Absent some compelling and annually docu-
mented reason to the contrary acceptable to the Secretary
of the Interior, each State (other than an area treated as
a State under paragraph (5)) shall make available as
grants to local governments, at least 50 percent of the an-
nual State apportionment, or an equivalent amount made
available from other sources.’’.
(d) STATE PROJECTS OF REGIONAL OR NATIONAL
SIGNIFICANCE.—Section 6(b) (16 U.S.C. 460l–8(b)) is
amended by adding the following at the end:
‘‘(7)(A) Any amounts available in addition to those
amounts made available under section 5 of the Conserva-
tion and Reinvestment Act in a fiscal year shall be avail-
able without further appropriation to the Secretary of the
Interior to be distributed among the several States under
a competitive grant program for State projects as author-
ized under section 6(e)(1) of national or regional signifi-
cance involving one or more States.
‘‘(B) The Secretary shall award grants only to
projects that would conserve open space and either con-
serve wildlife habitat, protect water quality, or otherwise
enhance the environment, or that would protect areas that
have historic or cultural value. The Secretary shall give
preference to projects that would be most likely to have
the greatest benefit to the environment regionally or na-
tionally and would maintain or enhance recreational op-
portunities.’’.
SEC. 207. STATE PLANNING.
(a) STATE ACTION AGENDA REQUIRED.—
(1) IN
GENERAL.—Section 6(d) (16 U.S.C.
460l–8(d)) is amended to read as follows:
‘‘(d) STATE ACTION AGENDA REQUIRED.—(1) Each
State may define its own priorities and criteria for selec-
tion of outdoor conservation and recreation acquisition
and development projects eligible for grants under this
Act, so long as the priorities and criteria defined by the
State are consistent with the purposes of this Act, the
State provides for public involvement in this process, and
the State publishes an accurate and current State Action
Agenda for Community Conservation and Recreation (in
this Act referred to as the ‘State Action Agenda’) indi-
cating the needs it has identified and the priorities and
criteria it has established. In order to assess its needs and
establish its overall priorities, each State, in partnership
with its local governments and Federal agencies, and in
consultation with its citizens, shall develop, within 5 years
after the enactment of the Conservation and Reinvestment
Act, a State Action Agenda that meets the following re-
quirements:
‘‘(A) The agenda must be strategic, originating
in broad-based and long-term needs, but focused on
actions that can be funded over the next 5 years.
‘‘(B) The agenda must be updated at least once
every 5 years and certified by the Governor that the
State Action Agenda conclusions and proposed ac-
tions have been considered in an active public in-
volvement process.
‘‘(2) State Action Agendas shall take into account all
providers of conservation and recreation lands within each
State, including Federal, regional, and local government
resources, and shall be correlated whenever possible with
other State, regional, and local plans for parks, recreation,
open space, and wetlands conservation. Recovery action
programs developed by urban localities under section 1007
of the Urban Park and Recreation Recovery Act of 1978
shall be used by a State as a guide to the conclusions,
priorities, and action schedules contained in State Action
Agenda. Each State shall assure that any requirements
for local outdoor conservation and recreation planning,
promulgated as conditions for grants, minimize redun-
dancy of local efforts by allowing, wherever possible, use
of the findings, priorities, and implementation schedules
of recovery action programs to meet such requirements.’’.
(2) EXISTING
STATE
PLANS.—Comprehensive
State Plans developed by any State under section
6(d) of the Land and Water Conservation Fund Act
of 1965 before the date that is 5 years after the en-
actment of this Act shall remain in effect in that
State until a State Action Agenda has been adopted
pursuant to the amendment made by this subsection,
but no later than 5 years after the enactment of this
Act.
(b) MISCELLANEOUS.—Section 6(e) (16 U.S.C. 460l–
8(e)) is amended as follows:
(1) In the matter preceding paragraph (1) by
striking ‘‘State comprehensive plan’’ and inserting
‘‘State Action Agenda’’.
(2) In paragraph (1) by striking ‘‘comprehen-
sive plan’’ and inserting ‘‘State Action Agenda’’.
SEC. 208. ASSISTANCE TO STATES FOR OTHER PROJECTS.
Section 6(e) (16 U.S.C. 460l–8(e)) is amended—
(1) in subsection (e)(1) by striking ‘‘, but not
including incidental costs relating to acquisition’’;
and
(2) in subsection (e)(2) by inserting before the
period at the end the following: ‘‘or to enhance pub-
lic safety within a designated park or recreation
area’’.
SEC. 209. CONVERSION OF PROPERTY TO OTHER USE.
Section 
6(f)(3) 
(16 
U.S.C. 
460l–8(f)(3)) 
is
amended—
(1) by inserting ‘‘(A)’’ before ‘‘No property’’;
and
(2) by striking the second sentence and insert-
ing the following:
‘‘(B) The Secretary shall approve such conversion
only if the State demonstrates no prudent or feasible alter-
native exists with the exception of those properties that
no longer meet the criteria within the State Plan or Agen-
da as an outdoor conservation and recreation facility due
to changes in demographics or that must be abandoned
because of environmental contamination which endangers
public health and safety. Any conversion must satisfy such
conditions as the Secretary deems necessary to assure the
substitution of other conservation and recreation prop-
erties of at least equal fair market value and reasonably
equivalent usefulness and location and which are con-
sistent with the existing State Plan or Agenda; except that
wetland areas and interests therein as identified in the
wetlands provisions of the action agenda and proposed to
be acquired as suitable replacement property within that
same State that is otherwise acceptable to the Secretary
shall be considered to be of reasonably equivalent useful-
ness with the property proposed for conversion.’’.
SEC. 210. WATER RIGHTS.
Title I is amended by adding at the end the following:
‘‘WATER RIGHTS
‘‘SEC. 14. Nothing in this title—
‘‘(1) invalidates or preempts State or Federal
water law or an interstate compact governing water;
‘‘(2) alters the rights of any State to any ap-
propriated share of the waters of any body of sur-
face or ground water, whether determined by past or
future interstate compacts or by past or future legis-
lative or final judicial allocations;
‘‘(3) preempts or modifies any Federal or State
law, or interstate compact, dealing with water qual-
ity or disposal; or
‘‘(4) confers on any non-Federal entity the abil-
ity to exercise any Federal right to the waters of any
stream or to any ground water resource.’’.
SEC. 211. REQUIREMENTS FOR ACQUISITION OF LANDS IN
MONTANA WITH FEDERAL PORTION.
Section 7 (16 U.S.C. 460l–9) is further amended by
adding at the end the following:
‘‘(h) REQUIREMENTS FOR ACQUISITION OF LANDS IN
MONTANA.—The Secretary of the Interior and the Sec-
retary of Agriculture shall jointly develop and issue a plan
for acquisition and disposal of lands in the State of Mon-
tana that will result in consolidation of forest reserves cre-
ated from the public domain and private inholdings within
those reserves. The plan shall be designed to ensure that—
‘‘(1) acquisitions of lands with the Federal por-
tion consolidate Federal ownership of lands in Mon-
tana under the administrative jurisdiction of the De-
partment of the Interior and the Forest Service; and
‘‘(2) any increase in the total acreage of lands
in Montana under those administrative jurisdictions
that results from acquisitions of lands with the Fed-
eral portion is de minimis.’’.
TITLE III—WILDLIFE CONSERVA-
TION AND RESTORATION
SEC. 301. PURPOSE.
The purpose of this title is to ensure adequate fund-
ing of the Wildlife Conservation and Restoration Planning
program established under the amendments to the Pitt-
man-Robertson Wildlife Restoration Act (16 U.S.C. 669
et seq.) enacted by H.R. 5548 as introduced in the 106th
Congress and enacted, by reference, by Public Law 106–
553.
SEC. 302. TECHNICAL CORRECTION.
(a) CORRECTION OF SUBSECTION DESIGNATION.—
Section 4 of the Pittman-Robertson Wildlife Restoration
Act (16 U.S.C. 669c) is amended by redesignating the
first subsection (c) (relating to revenues from pistols, re-
volvers, bows, and arrows) as subsection (e) and moving
such subsection so as to appear after subsection (d) of
that section.
(b) CONFORMING AMENDMENTS.—Such Act is fur-
ther amended—
(1) in section 4(b) (16 U.S.C. 669c(b)) by
striking ‘‘subsection (c)’’ and inserting ‘‘subsection
(e)’’;
(2) in section 8(b) (16 U.S.C. 669g(b)) by
striking ‘‘section 4(c)’’ and inserting ‘‘section 4(e);
and
(3) in section 10 (16 U.S.C. 669h–1) by strik-
ing ‘‘section 4(c)’’ each place it appears and insert-
ing ‘‘section 4(e)’’.
SEC. 303. TREATMENT OF AMOUNTS TRANSFERRED FROM
CONSERVATION AND REINVESTMENT ACT
FUND.
Section 3(a)(2) of the Pittman-Robertson Wildlife
Restoration Act (16 U.S.C. 669b(a)(2)) is amended to
read as follows:
‘‘(2) There is established in the Federal aid to wildlife
restoration fund a subaccount to be known as the ‘wildlife
conservation and restoration account’. Amounts trans-
ferred to the fund for a fiscal year under section 5(b)(3)
of the Conservation and Reinvestment Act shall be depos-
ited in the subaccount and shall be available without fur-
ther appropriation, in each fiscal year, for apportionment
in accordance with this Act to carry out State wildlife con-
servation and restoration programs.’’.
SEC. 304. APPORTIONMENT TO INDIAN TRIBES.
(a) IN GENERAL.—Section 4(c)(1) of the Pittman-
Robertson Wildlife Restoration Act (16 U.S.C. 669c(c)(1))
is amended—
(1) in the matter preceding subparagraph (A)
by striking ‘‘from’’ and inserting ‘‘from amounts
available each fiscal year from’’; and
(2) by adding at the end the following:
‘‘(C) To Indian tribes, a sum equal to not more
than 21⁄4 percent thereof, of which—
‘‘(i) 1⁄3 shall be allocated based on the
ratio to which the trust land area of each In-
dian tribe bears to the total trust land area of
all Indian tribes; and
‘‘(ii) 2⁄3 shall be allocated based on the
ratio to which the population of each Indian
tribe bears to the total population of all Indian
tribes;
except that no Indian tribe shall receive more than
5 percent of the total amount made available in a
fiscal year to Indian tribes under this subsection.’’.
(b) TREATMENT OF APPORTIONMENTS TO INDIAN
TRIBES.—Section 4 of such Act (16 U.S.C. 669c) is
amended by adding at the end the following:
‘‘(e) TREATMENT OF APPORTIONMENTS TO INDIAN
TRIBES.—For purposes of the treatment under this Act
of amounts apportioned to Indian tribes under subsection
(c)(1)(C), the term ‘State’ includes an Indian tribe.’’.
(c) INDIAN TRIBE DEFINED.—Section 2 of such Act
(16 U.S.C. 669a) is amended—
(1) by redesignating paragraphs (2) through
(8) in order as paragraphs (3) through (9); and
(2) by inserting after paragraph (1) the fol-
lowing:
‘‘(2) The term ‘Indian tribe’—
‘‘(A) except as provided in subparagraph
(B), means any federally recognized Indian
tribe; and
‘‘(B) in the case of Alaska, means only a
Native corporation, as that term is defined in
section 3 of the Alaska Native Claims Settle-
ment Act (43 U.S.C. 1602);’’.
(d) CONFORMING
AMENDMENTS.—Such Act is
amended—
(1) in section 3(c)(2) (16 U.S.C. 669b(c)(2)) by
striking ‘‘or an Indian tribe’’; and
(2) in section 4(d)(5) (16 U.S.C. 669c(d)(5))—
(A) by striking ‘‘and the Commonwealth’’
and inserting ‘‘the Commonwealth’’; and
(B) by inserting before the period the fol-
lowing: ‘‘, and, except for purposes of sub-
section (c)(2), each Indian tribe’’.
SEC. 305. EXISTING APPROPRIATIONS NOT AFFECTED.
Nothing in this title shall apply to or otherwise affect
the availability or use of amounts appropriated before the
date of the enactment of this Act. Such amounts may be
expended as if this Act and the amendments made by this
Act were not enacted.
TITLE 
IV—URBAN 
PARK 
AND
RECREATION 
RECOVERY
PROGRAM AMENDMENTS
SEC. 401. AMENDMENT OF URBAN PARK AND RECREATION
RECOVERY ACT OF 1978.
Except as otherwise expressly provided, whenever in
this title an amendment or repeal is expressed in terms
of an amendment to, or repeal of, a section or other provi-
sion, the reference shall be considered to be made to a
section or other provision of the Urban Park and Recre-
ation Recovery Act of 1978 (16 U.S.C. 2501 et seq.).
SEC. 402. PURPOSE.
The purpose of this title is to provide a dedicated
source of funding to assist local governments in improving
their park and recreation systems.
SEC. 403. TREATMENT OF AMOUNTS TRANSFERRED FROM
CONSERVATION AND REINVESTMENT ACT
FUND.
Section 1013 (16 U.S.C. 2512) is amended to read
as follows:
‘‘TREATMENT OF AMOUNTS TRANSFERRED FROM
CONSERVATION AND REINVESTMENT ACT FUND
‘‘SEC. 1013. (a) IN GENERAL.—Amounts transferred
to the Secretary of the Interior under section 5(b)(4) of
the Conservation and Reinvestment Act in a fiscal year
shall be available to the Secretary without further appro-
priation to carry out this title. Any amount that has not
been paid or obligated by the Secretary before the end of
the second fiscal year beginning after the first fiscal year
in which the amount is available shall be reapportioned
by the Secretary among grantees under this title.
‘‘(b) LIMITATIONS
ON ANNUAL GRANTS.—Of the
amounts available in a fiscal year under subsection (a)—
‘‘(1) not more than 3 percent may be used for
grants for the development of local park and recre-
ation recovery action programs pursuant to sections
1007(a) and 1007(c);
‘‘(2) not more than 10 percent may be used for
innovation grants pursuant to section 1006; and
‘‘(3) not more than 15 percent may be provided
as grants (in the aggregate) for projects in any one
State.
‘‘(c) LIMITATION ON USE FOR GRANT ADMINISTRA-
TION.—The Secretary shall establish a limit on the portion
of any grant under this title that may be used for grant
and program administration.’’.
SEC. 404. AUTHORITY TO DEVELOP NEW AREAS AND FA-
CILITIES.
Section 1003 (16 U.S.C. 2502) is amended by insert-
ing ‘‘development of new recreation areas and facilities,
including the acquisition of lands for such development,’’
after ‘‘rehabilitation of critically needed recreation areas,
facilities,’’.
SEC. 405. DEFINITIONS.
Section 1004 (16 U.S.C. 2503) is amended as fol-
lows:
(1) In paragraph (j) by striking ‘‘and’’ after the
semicolon.
(2) In paragraph (k) by striking the period at
the end and inserting a semicolon.
(3) By adding at the end the following:
‘‘(l) ‘development grants’—
‘‘(1) subject to subparagraph (2) means
matching capital grants to units of local govern-
ment to cover costs of development, land acqui-
sition, and construction on existing or new
neighborhood recreation sites, including indoor
and outdoor recreational areas and facilities,
support facilities, and landscaping; and
‘‘(2) does not include routine maintenance,
and upkeep activities; and
‘‘(m) ‘Secretary’ means the Secretary of the In-
terior.’’.
SEC. 406. ELIGIBILITY.
Section 1005(a) (16 U.S.C. 2504(a)) is amended to
read as follows:
‘‘(a) Eligibility of general purpose local governments
to compete for assistance under this title shall be based
upon need as determined by the Secretary. Generally, eli-
gible general purpose local governments shall include the
following:
‘‘(1) All political subdivisions of Metropolitan,
Primary, or Consolidated Statistical Areas, as deter-
mined by the most recent Census.
‘‘(2) Any other city, town, or group of cities or
towns (or both) within such a Metropolitan Statis-
tical Area, that has a total population of 50,000 or
more as determined by the most recent Census.
‘‘(3) Any other county, parish, or township with
a total population of 250,000 or more as determined
by the most recent Census.’’.
SEC. 407. GRANTS.
Section 1006 (16 U.S.C. 2505) is amended—
(1) in subsection (a) by redesignating para-
graph (3) as paragraph (4); and
(2) by striking so much as precedes subsection
(a)(4) (as so redesignated) and inserting the fol-
lowing:
‘‘GRANTS
‘‘SEC. 1006. (a)(1) The Secretary may provide 70
percent matching grants for rehabilitation, development,
acquisition, and innovation purposes to any eligible gen-
eral purpose local government upon approval by the Sec-
retary of an application submitted by the chief executive
of such government.
‘‘(2) At the discretion of such an applicant, a grant
under this section may be transferred in whole or part to
independent special purpose local governments, private
nonprofit agencies, or county or regional park authorities,
if—
‘‘(A) such transfer is consistent with the ap-
proved application for the grant; and
‘‘(B) the applicant provides assurance to the
Secretary that the applicant will maintain public
recreation opportunities at assisted areas and facili-
ties in accordance with section 1010.
‘‘(3) Payments may be made only for those rehabilita-
tion, development, or innovation projects that have been
approved by the Secretary. Such payments may be made
from time to time in keeping with the rate of progress
toward completion of a project, on a reimbursable basis.’’.
SEC. 408. RECOVERY ACTION PROGRAMS.
Section 1007(a) (16 U.S.C. 2506(a)) is amended—
(1) in subsection (a) in the first sentence by in-
serting ‘‘development,’’ after ‘‘commitments to ongo-
ing planning,’’; and
(2) in subsection (a)(2) by inserting ‘‘develop-
ment and’’ after ‘‘adequate planning for’’.
SEC. 409. STATE ACTION INCENTIVES.
Section 1008 (16 U.S.C. 2507) is amended—
(1) by inserting ‘‘(a) IN GENERAL.—’’ before
the first sentence; and
(2) by striking the last sentence of subsection
(a) (as designated by paragraph (1) of this section)
and inserting the following:
‘‘(b) COORDINATION WITH LAND AND WATER CON-
SERVATION FUND ACTIVITIES.—(1) The Secretary and
‘‘(A) property developed with amounts provided
under this title; and
‘‘(B) the park, recreation, or conservation area
of which the property is a part.
‘‘(b)(1) The Secretary shall approve such conversion
only if the grantee demonstrates no prudent or feasible
alternative exists.
‘‘(2) Paragraph (1) shall apply to property that is
no longer a viable recreation facility due to changes in de-
mographics or that must be abandoned because of environ-
mental contamination which endangers public health or
safety.
‘‘(c) Any conversion must satisfy any conditions the
Secretary considers necessary to assure substitution of
other recreation property that is—
‘‘(1) of at least equal fair market value, and
reasonably equivalent usefulness and location; and
‘‘(2) in accord with the current recreation re-
covery action program of the grantee.’’.
SEC. 411. REPEAL.
Section 1015 (16 U.S.C. 2514) is repealed.
TITLE V—HISTORIC
PRESERVATION FUND
SEC. 501. TREATMENT OF AMOUNTS TRANSFERRED FROM
CONSERVATION AND REINVESTMENT ACT
FUND.
Section 108 of the National Historic Preservation Act
(16 U.S.C. 470h) is amended—
(1) by inserting ‘‘(a)’’ before the first sentence;
(2) in subsection (a) (as designated by para-
graph (1) of this section) by striking all after the
first sentence; and
(3) by adding at the end the following:
‘‘(b) Amounts transferred to the Secretary under sec-
tion 5(b)(5) of the Conservation and Reinvestment Act in
a fiscal year shall be deposited into the Fund and shall
be available without further appropriation only to provide
grants and other financial and technical assistance under
this Act to States, Indian tribes, local governments, and
other non-Federal governmental entities.
‘‘(c) At least one-half of the funds obligated or ex-
pended each fiscal year under this Act shall be used in
accordance with this Act for preservation projects on his-
toric properties. In making such funds available, the Sec-
retary shall give priority to the preservation of endangered
historic properties.’’.
SEC. 502. STATE USE OF HISTORIC PRESERVATION ASSIST-
ANCE FOR NATIONAL HERITAGE AREAS AND
CORRIDORS.
Title I of the National Historic Preservation Act (16
U.S.C. 470a et seq.) is amended by adding at the end the
following:
‘‘SEC. 114. STATE USE OF ASSISTANCE FOR NATIONAL HER-
ITAGE AREAS AND CORRIDORS.
‘‘In addition to other uses authorized by this Act,
amounts provided to a State under this title may be used
by the State to provide financial assistance to the manage-
ment entity for any national heritage area or national her-
itage corridor established under the laws of the United
States, to support cooperative historic preservation plan-
ning and development.’’.
SEC. 503. FUNDING FOR MARITIME HERITAGE PROGRAMS.
Section 6 of the National Maritime Heritage Act of
1994 (16 U.S.C. 5405) is amended—
(1) by redesignating subsection (d) as sub-
section (e), and by inserting after subsection (c) the
following:
‘‘(d) AVAILABILITY OF FUNDS FROM CONSERVATION
AND REINVESTMENT ACT FUND.—Amounts transferred
to the Secretary under section 5(b)(8) of the Conservation
and Reinvestment Act shall be available until expended
and without further appropriation to carry out the Pro-
gram as provided in subsection (b).’’; and
(2) in subsection (b), by striking ‘‘subsection
(a)(1)(C)’’ each place it appears and inserting ‘‘this
section’’.
TITLE VI—FEDERAL AND INDIAN
LANDS RESTORATION
SEC. 601. PURPOSE.
The purpose of this title is to provide a dedicated
source of funding for a coordinated program on Federal
and Indian lands to restore degraded lands, protect re-
sources that are threatened with degradation, and protect
public health and safety.
SEC. 602. TREATMENT OF AMOUNTS TRANSFERRED FROM
CONSERVATION AND REINVESTMENT ACT
FUND; ALLOCATION.
(a) IN GENERAL.—Amounts transferred to the Sec-
retary of the Interior and the Secretary of Agriculture
under section 5(b)(6) of this Act in a fiscal year shall be
available without further appropriation to carry out this
title.
(b) ALLOCATION.—Amounts referred to in subsection
(a) year shall be allocated and available as follows:
(1) DEPARTMENT
OF
THE
INTERIOR.—Sixty
percent shall be allocated and available to the Sec-
retary of the Interior to carry out the purpose of
this title on lands within the National Park System,
lands within the National Wildlife Refuge System,
and public lands administered by the Bureau of
Land Management.
(2) DEPARTMENT
OF
AGRICULTURE.—Thirty
percent shall be allocated and available to the Sec-
retary of Agriculture to carry out the purpose of this
title on lands within the National Forest System.
(3) INDIAN TRIBES.—Ten percent shall be allo-
cated and available to the Secretary of the Interior
for competitive grants to qualified Indian tribes
under section 603(b).
SEC. 603. AUTHORIZED USES OF TRANSFERRED AMOUNTS.
(a) IN GENERAL.—Funds made available to carry out
this title shall be used solely for restoration of degraded
lands, resource protection, maintenance activities related
to resource protection, or protection of public health or
safety.
(b) COMPETITIVE GRANTS TO INDIAN TRIBES.—
(1) GRANT AUTHORITY.—The Secretary of the
Interior shall administer a competitive grant pro-
gram for Indian tribes, giving priority to projects
based upon the protection of significant resources,
the severity of damages or threats to resources, and
the protection of public health or safety.
(2) LIMITATION.—The amount received for a
fiscal year by a single Indian tribe in the form of
grants under this subsection may not exceed 10 per-
cent of the total amount available for that fiscal year
for grants under this subsection.
(c) PRIORITY LIST.—The Secretary of the Interior
and the Secretary of Agriculture shall each establish pri-
ority lists for the use of funds available under this title.
Each list shall give priority to projects based upon the pro-
tection of significant resources, the severity of damages
or threats to resources, and the protection of public health
or safety.
(d) COMPLIANCE WITH APPLICABLE PLANS.—Any
project carried out on Federal lands with amounts pro-
vided under this title shall be carried out in accordance
with all management plans that apply under Federal law
to the lands.
(e) TRACKING RESULTS.—Not later than the end of
the first full fiscal year for which funds are available under
this title, the Secretary of the Interior and the Secretary
of Agriculture shall jointly establish a coordinated pro-
gram for—
(1) tracking the progress of activities carried
out with amounts made available by this title; and
(2) determining the extent to which demon-
strable results are being achieved by those activities.
SEC. 604. INDIAN TRIBE DEFINED.
In this title, the term ‘‘Indian tribe’’—
(1) except as provided in paragraph (2), means
any federally recognized Indian tribe; and
(2) in the case of Alaska, means only a Native
corporation, as that term is defined in section 3 of
the Alaska Native Claims Settlement Act (43 U.S.C.
1602).
TITLE 
VII—ENDANGERED 
AND
THREATENED 
SPECIES 
RE-
COVERY
SEC. 701. PURPOSES.
The purposes of this title are the following:
(1) To provide a dedicated source of funding to
the United States Fish and Wildlife Service and the
National Marine Fisheries Service for the purpose of
implementing an incentives program to promote the
recovery of endangered species and threatened spe-
cies and the habitat upon which they depend.
(2) To promote greater involvement by non-
Federal entities in the recovery of the Nation’s en-
dangered species and threatened species and the
habitat upon which they depend.
SEC. 702. TREATMENT OF AMOUNTS TRANSFERRED FROM
CONSERVATION AND REINVESTMENT ACT
FUND.
Amounts transferred to the Secretary of the Interior
under section 5(b)(7) of this Act in a fiscal year shall be
available to the Secretary of the Interior without further
appropriation to carry out this title.
SEC. 703. ENDANGERED AND THREATENED SPECIES RE-
COVERY ASSISTANCE.
(a) FINANCIAL ASSISTANCE.—The Secretary may
use amounts made available under section 702 to provide
financial assistance to any person for development and im-
plementation of Endangered and Threatened Species Re-
covery Agreements entered into by the Secretary under
section 704.
(b) PRIORITY.—In providing assistance under this
section, the Secretary shall give priority to the develop-
ment and implementation of species recovery agreements
that—
(1) implement actions identified under recovery
plans approved by the Secretary under section 4(f)
of the Endangered Species Act of 1973 (16 U.S.C.
1533(f));
(2) have the greatest potential for contributing
to the recovery of an endangered or threatened spe-
cies; and
(3) to the extent practicable, require use of the
assistance on land owned by a small landowner.
(c) PROHIBITION ON ASSISTANCE FOR REQUIRED
ACTIVITIES.—The Secretary may not provide financial as-
sistance under this section for any action that is required
by a permit issued under section 10(a)(1)(B) of the En-
dangered Species Act of 1973 (16 U.S.C. 1539(a)(1)(B))
or an incidental take statement issued under section 7 of
that Act (16 U.S.C. 1536), or that is otherwise required
under that Act or any other Federal law.
(d) PAYMENTS UNDER OTHER PROGRAMS.—
(1) OTHER PAYMENTS NOT AFFECTED.—Finan-
cial assistance provided to a person under this sec-
tion shall be in addition to, and shall not affect, the
total amount of payments that the person is other-
wise eligible to receive under the conservation re-
serve program established under subchapter B of
chapter 1 of subtitle D of title XII of the Food Se-
curity Act of 1985 (16 U.S.C. 3831 et seq.), the
wetlands reserve program established under sub-
chapter C of that chapter (16 U.S.C. 3837 et seq.),
or the Wildlife Habitat Incentives Program estab-
lished under section 387 of the Federal Agriculture
Improvement and Reform Act of 1996 (16 U.S.C.
3836a).
(2) LIMITATION.—A person may not receive fi-
nancial assistance under this section to carry out ac-
tivities under a species recovery agreement in addi-
tion to payments under the programs referred to in
paragraph (1) made for the same activities, if the
terms of the species recovery agreement do not re-
quire financial or management obligations by the
person in addition to any such obligations of the
person under such programs.
SEC. 704. ENDANGERED AND THREATENED SPECIES RE-
COVERY AGREEMENTS.
(a) IN GENERAL.—The Secretary may enter into En-
dangered and Threatened Species Recovery Agreements
for purposes of this title in accordance with this section.
(b) REQUIRED TERMS.—The Secretary shall include
in each species recovery agreement provisions that—
(1) require the person—
(A) to carry out on real property owned or
leased by the person activities not otherwise re-
quired by law that contribute to the recovery of
an endangered or threatened species;
(B) to refrain from carrying out on real
property owned or leased by the person other-
wise lawful activities that would inhibit the re-
covery of an endangered or threatened species;
or
(C) to do any combination of subpara-
graphs (A) and (B);
(2) describe the real property referred to in
paragraph (1)(A) and (B) (as applicable);
(3) specify species recovery goals for the agree-
ment, and measures for attaining such goals;
(4) require the person to make measurable
progress each year in achieving those goals, includ-
ing a schedule for implementation of the agreement;
(5) specify actions to be taken by the Secretary
or the person (or both) to monitor the effectiveness
of the agreement in attaining those recovery goals;
(6) require the person to notify the Secretary
if—
(A) any right or obligation of the person
under the agreement is assigned to any other
person; or
(B) any term of the agreement is breached
by the person or any other person to whom is
assigned a right or obligation of the person
under the agreement;
(7) specify the date on which the agreement
takes effect and the period of time during which the
agreement shall remain in effect;
(8) provide that the agreement shall not be in
effect on and after any date on which the Secretary
publishes a certification by the Secretary that the
person has not complied with the agreement; and
(9) allocate financial assistance provided under
this subtitle for implementation of the agreement, on
an annual or other basis during the period the
agreement is in effect based on the schedule for im-
plementation required under paragraph (4).
(c) REVIEW AND APPROVAL OF PROPOSED AGREE-
MENTS.—Upon submission by any person of a proposed
species recovery agreement under this section, the
Secretary—
(1) shall review the proposed agreement and de-
termine whether it complies with the requirements of
this section and will contribute to the recovery of en-
dangered or threatened species that are the subject
of the proposed agreement;