tion and restoration program as the project progresses. Such
payments, including previous payments on the project, if
any, shall not be more than the United States pro rata
share of such project. The Secretary, under such regulations
as he may prescribe, may advance funds representing the
United States pro rata share of a project that is a segment
of a wildlife conservation and restoration program, includ-
ing funds to develop such program.
‘‘(B) Not more than 10 percent of the amounts appor-
tioned to each State under this section for a State’s wildlife
conservation and restoration program may be used for wild-
life-associated recreation.
‘‘(5) For purposes of this subsection, the term ‘State’
shall include the District of Columbia, the Commonwealth
of Puerto Rico, the Virgin Islands, Guam, American
Samoa, and the Commonwealth of the Northern Mariana
Islands.’’.
(b) FACA.—Coordination with State fish and wildlife
agency personnel or with personnel of other State agencies
pursuant to the Federal Aid in Wildlife Restoration Act or
the Federal Aid in Sport Fish Restoration Act shall not
be subject to the Federal Advisory Committee Act (5 U.S.C.
App.). Except for the preceding sentence, the provisions of
this title relate solely to wildlife conservation and restora-
tion programs and shall not be construed to affect the provi-
sions of the Federal Aid in Wildlife Restoration Act relating
to wildlife restoration projects or the provisions of the Fed-
eral Aid in Sport Fish Restoration Act relating to fish res-
toration and management projects.
SEC. 305. EDUCATION.
Section 8(a) of the Federal Aid in Wildlife Restoration
Act (16 U.S.C. 669g(a)) is amended by adding the following
at the end thereof: ‘‘Funds available from the amount trans-
ferred to the fund from the Conservation and Reinvestment
Act Fund may be used for a wildlife conservation education
program, except that no such funds may be used for edu-
cation efforts, projects, or programs that promote or encour-
age opposition to the regulated taking of wildlife.’’.
SEC. 306. PROHIBITION AGAINST DIVERSION.
No designated State agency shall be eligible to receive
matching funds under this title if sources of revenue avail-
able to it after January 1, 1999, for conservation of wildlife
are diverted for any purpose other than the administration
of the designated State agency, it being the intention of
Congress that funds available to States under this title be
added to revenues from existing State sources and not serve
as a substitute for revenues from such sources. Such reve-
nues shall include interest, dividends, or other income
earned on the forgoing.
TITLE 
IV—URBAN 
PARK 
AND
RECREATION RECOVERY PRO-
GRAM 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 provision,
the reference shall be considered to be made to a section or
other provision of the Urban Park and Recreation Recovery
Act of 1978 (16 U.S.C. 2501 and following).
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 of 1999 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 that 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 FACILI-
TIES.
Section 1003 (16 U.S.C. 2502) is amended by insert-
ing ‘‘development of new recreation areas and facilities, in-
cluding the acquisition of lands for such development,’’ after
‘‘rehabilitation of critically needed recreation areas, facili-
ties,’’.
SEC. 405. DEFINITIONS.
Section 1004 (16 U.S.C. 2503) is amended as follows:
(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 acquisi-
tion, and construction on existing or new neigh-
borhood 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 Inte-
rior.’’.
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, eligible gen-
eral 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 paragraph
(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 per-
cent matching grants for rehabilitation, development, and
innovation purposes to any eligible general purpose local
government upon approval by the Secretary of an applica-
tion 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 Sec-
retary that the applicant will maintain public recre-
ation opportunities at assisted areas and facilities
owned or managed by the applicant in accordance
with section 1010.
‘‘(3) Payments may be made only for those rehabilita-
tion, development, or innovation projects that have been ap-
proved 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 gen-
eral purpose local governments are encouraged to coordinate
preparation of recovery action programs required by this
title with State Plans or Agendas required under section
6 of the Land and Water Conservation Fund Act of 1965,
including by allowing flexibility in preparation of recovery
action programs so they may be used to meet State and
local qualifications for local receipt of Land and Water
Conservation Fund grants or State grants for similar pur-
poses or for other conservation or recreation purposes.
‘‘(2) The Secretary shall encourage States to consider
the findings, priorities, strategies, and schedules included
in the recovery action programs of their urban localities
in preparation and updating of State plans in accordance
with the public coordination and citizen consultation re-
quirements of subsection 6(d) of the Land and Water Con-
servation Fund Act of 1965.’’.
SEC. 410. CONVERSION OF RECREATION PROPERTY.
Section 1010 (16 U.S.C. 2509) is amended to read as
follows:
‘‘CONVERSION OF RECREATION PROPERTY
‘‘SEC. 1010. (a)(1) No property developed, acquired,
or rehabilitated under this title shall, without the approval
of the Secretary, be converted to any purpose other than
public recreation purposes.
‘‘(2) Paragraph (1) shall apply to—
‘‘(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 al-
ternative exists.
‘‘(2) Paragraph (1) shall apply to property that is no
longer a viable recreation facility due to changes in demo-
graphics 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, or rea-
sonably equivalent usefulness and location; and
‘‘(2) in accord with the current recreation recov-
ery action plan 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 of
1999 in a fiscal year shall be deposited into the Fund and
shall be available without further appropriation, in that fis-
cal year, to carry out this Act.
‘‘(c) At least 1⁄2 of the funds obligated or expended each
fiscal year under this Act shall be used in accordance with
this Act for preservation projects on historic properties. In
making such funds available, the Secretary shall give pri-
ority 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 and following) 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.’’.
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 resources
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, in that fiscal year,
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.—60 percent
shall be allocated and available to the Secretary 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.—30 percent
shall be allocated and available to the Secretary of
Agriculture to carry out the purpose of this title on
lands within the National Forest System.
(3) INDIAN TRIBES.—10 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 fis-
cal 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 priority
lists for the use of funds available under this title. Each
list shall give 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.
(d) COMPLIANCE WITH APPLICABLE PLANS.—Any
project carried out on Federal lands with amounts provided
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 program
for—
(1) tracking the progress of activities carried out
with amounts made available by this title; and
(2) determining the extent to which demonstrable
results are being achieved by those activities.
SEC. 604. INDIAN TRIBE DEFINED.
In this title, the term ‘‘Indian tribe’’ means an Indian
or Alaska Native tribe, band, nation, pueblo, village, or
community that the Secretary of the Interior recognizes as
an Indian tribe under section 104 of the Federally Recog-
nized Indian Tribe List Act of 1994 (25 U.S.C. 479a–1).
TITLE 
VII—CONSERVATION
EASEMENTS 
AND 
ENDAN-
GERED 
AND 
THREATENED
SPECIES RECOVERY
Subtitle A—Conservation
Easements
SEC. 701. PURPOSE.
The purpose of this subtitle is to provide a dedicated
source of funding to the Secretary of the Interior for pro-
grams to provide matching grants to certain eligible entities
to facilitate the purchase of permanent conservation ease-
ments in order to—
(1) protect the ability of these lands to maintain
their traditional uses; and
(2) prevent the loss of their value to the public
because of development that is inconsistent with their
traditional uses.
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)(A) in a fiscal year shall be available
to the Secretary of the Interior without further appropria-
tion, in that fiscal year, to carry out this subtitle.
SEC. 703. AUTHORIZED USES OF TRANSFERRED AMOUNTS.
The Secretary of the Interior may use the amounts
available under section 702 for the Conservation Easement
Program established by section 704.
SEC. 704. CONSERVATION EASEMENT PROGRAM.
(a) GRANTS AUTHORIZED; PURPOSE.—The Secretary
the Interior shall establish and carry out a program, to be
known as the ‘‘Conservation Easement Program’’, under
which the Secretary shall provide grants to eligible entities
described in subsection (c) to provide the Federal share of
the cost of purchasing permanent conservation easements in
land with prime, unique, or other productive uses.
(b) FEDERAL SHARE.—The Federal share of the cost
of purchasing a conservation easement described in sub-
section (a) may not exceed 50 percent of the total cost of
purchasing the easement.
(c) ELIGIBLE ENTITY DEFINED.—In this section, the
term ‘‘eligible entity’’ means any of the following:
(1) An agency of a State or local government.
(2) A federally recognized Indian tribe.
(3) Any organization that is organized for, and
at all times since its formation has been operated
principally for, one or more of the conservation pur-
poses specified in clause (i), (ii), or (iii) of section
170(h)(4)(A) of the Internal Revenue Code of 1986
and—
(A) is described in section 501(c)(3) of the
Code;
(B) is exempt from taxation under section
501(a) of the Code; and
(C) is described in paragraph (2) of section
509(a) of the Code, or paragraph (3) of such sec-
tion, but is controlled by an organization de-
scribed in paragraph (2) of such section.
(d) TITLE; ENFORCEMENT.—Any eligible entity may
hold title to a conservation easement described in subsection
(a) and enforce the conservation requirements of the ease-
ment.
(e) STATE CERTIFICATION.—As a condition of the re-
ceipt by an eligible entity of a grant under subsection (a),
the attorney general of the State in which the conservation
easement is to be purchased using the grant funds shall cer-
tify that the conservation easement to be purchased is in
a form that is sufficient, under the laws of the State, to
achieve the conservation purpose of the Conservation Ease-
ment Program and the terms and conditions of the grant.
(f) CONSERVATION PLAN.—Any land for which a con-
servation easement is purchased under this section shall be
subject to the requirements of a conservation plan to the
extent that the plan does not negate or adversely affect the
restrictions contained in the easement.
(g) TECHNICAL ASSISTANCE.—The Secretary of the In-
terior may not use more than 10 percent of the amount
that is made available for any fiscal year under this pro-
gram to provide technical assistance to carry out this sec-
tion.
Subtitle B—Endangered and
Threatened Species Recovery
SEC. 711. PURPOSES.
The purposes of this subtitle 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 species
and the habitat upon which they depend.
(2) To promote greater involvement by non-Fed-
eral entities in the recovery of the Nation’s endan-
gered species and threatened species and the habitat
upon which they depend.
SEC. 712. TREATMENT OF AMOUNTS TRANSFERRED FROM
CONSERVATION 
AND 
REINVESTMENT 
ACT
FUND.
Amounts transferred to the Secretary of the Interior
under section 5(b)(7)(B) of this Act in a fiscal year shall
be available to the Secretary of the Interior without further
appropriation, in that fiscal year, to carry out this subtitle.
SEC. 713. ENDANGERED AND THREATENED SPECIES RECOV-
ERY ASSISTANCE.
(a) FINANCIAL ASSISTANCE.—The Secretary may use
amounts made available under section 712 to provide fi-
nancial assistance to any person for development and im-
plementation of Endangered and Threatened Species Recov-
ery Agreements entered into by the Secretary under section
714.
(b) PRIORITY.—In providing assistance under this sec-
tion, the Secretary shall give priority to the development
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 species;
and
(3) to the extent practicable, require use of the
assistance—
(A) on land owned by a small landowner;
or
(B) on a family farm by the owner or oper-
ator of the family farm.
(c) PROHIBITION ON ASSISTANCE FOR REQUIRED AC-
TIVITIES.—The Secretary may not provide financial assist-
ance under this section for any action that is required by
a permit issued under section 10(a)(1)(B) of the Endan-
gered 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 section
shall be in addition to, and shall not affect, the total
amount of payments that the person is otherwise eli-
gible to receive under the conservation reserve pro-
gram 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 and following), the wetlands re-
serve program established under subchapter C of that
chapter (16 U.S.C. 3837 and following), or the Wild-
life Habitat Incentives Program established under sec-
tion 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 require
financial or management obligations by the person in
addition to any such obligations of the person under
such programs.
SEC. 714. ENDANGERED AND THREATENED SPECIES RECOV-
ERY AGREEMENTS.
(a) IN GENERAL.—The Secretary may enter into En-
dangered and Threatened Species Recovery Agreements for
purposes of this subtitle 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 otherwise
lawful activities that would inhibit the recovery
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 para-
graph (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, including
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 as-
signed 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 agree-
ment shall remain in effect;
(8) provide that the agreement shall not be in ef-
fect on and after any date on which the Secretary
publishes a certification by the Secretary that the per-
son 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 agree-
ment is in effect based on the schedule for implemen-
tation 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;
(2) propose to the person any additional provi-
sions necessary for the agreement to comply with this
section; and
(3) if the Secretary determines that the agree-
ment complies with the requirements of this section,
shall approve and enter with the person into the
agreement.
(d) 
MONITORING
IMPLEMENTATION
OF
AGREE-
MENTS.—The Secretary shall—
(1) periodically monitor the implementation of
each species recovery agreement entered into by the
Secretary under this section; and
(2) based on the information obtained from that
monitoring, annually or otherwise disburse financial
assistance under this subtitle to implement the agree-
ment as the Secretary determines is appropriate
under the terms of the agreement.
SEC. 715. DEFINITIONS.
In this subtitle:
(1) ENDANGERED OR THREATENED SPECIES.—
The term ‘‘endangered or threatened species’’ means
any species that is listed as an endangered species or
threatened species under section 4 of the Endangered
Species Act of 1973 (16 U.S.C. 1533).
(2) FAMILY
FARM.—The term ‘‘family farm’’
means a farm that—
(A) produces agricultural commodities for
sale in such quantities so as to be recognized in
the community as a farm and not as a rural res-
idence;
(B) produces enough income, including off-
farm employment, to pay family and farm oper-
ating expenses, pay debts, and maintain the
property;
(C) is managed by the operator;
(D) has a substantial amount of labor pro-
vided by the operator and the operator’s family;
and
(E) uses seasonal labor only during peak
periods, and uses no more than a reasonable
amount of full-time hired labor.
(3) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of the Interior or the Secretary of Com-
merce, in accordance with section 3 of the Endan-
gered Species Act of 1973 (16 U.S.C. 1532).
(4) SMALL LANDOWNER.—The term ‘‘small land-
owner’’ means an individual who owns 50 acres or
fewer of land.
(5) SPECIES RECOVERY AGREEMENT.—The term
‘‘species recovery agreement’’ means an Endangered
and Threatened Species Recovery Agreement entered
into by the Secretary under section 714.
Æ