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 wild-
life are diverted for any purpose other than the adminis-
tration of the designated State agency, it being the inten-
tion 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 revenues shall include interest, dividends, or other
income earned on the forgoing.
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. PURPOSES.
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
appropriation, to carry out this Act. 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 reappor-
tioned by the Secretary among grantees under this Act.
‘‘(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 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:
‘‘SEC. 1006. (a)(1) The Secretary may provide 70
percent matching grants for rehabilitation, development,
and innovation purposes to any eligible general purpose
local government upon approval by the Secretary of an ap-
plication submitted by the chief executive of such govern-
ment.
‘‘(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 owned or managed by the applicant in accord-
ance 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
general purpose local governments are encouraged to co-
‘‘(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, or rea-
sonably equivalent usefulness and location; and
‘‘(2) in accord with the current recreation re-
covery 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
fiscal 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 prop-
erties. In making such funds available, the Secretary 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.’’.
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, 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 per-
cent 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 per-
cent 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
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 provided to all Indian tribes
for that fiscal year in the form of such grants.
(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’’ 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 Rec-
ognized 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 enti-
ties to facilitate the purchase of permanent conservation
easements in order to—
(1) protect the ability of these lands to main-
tain 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 Ease-
ment Program established by section 704.
SEC. 704. CONSERVATION EASEMENT PROGRAM.
(a) GRANTS
AUTHORIZED; PURPOSE.—The Sec-
retary the Interior shall establish and carry out a pro-
gram, to be known as the ‘‘Conservation Easement Pro-
gram’’, 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 con-
servation 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
section, 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 sub-
section (a) and enforce the conservation requirements of
the easement.
(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
certify 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
Easement Program and the terms and conditions of the
grant.
(f) CONSERVATION PLAN.—Any land for which a
conservation 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
Interior 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 Fish and Wildlife Service and the National Ma-
rine Fisheries Service for the purpose of imple-
menting an incentives program to promote the recov-
ery of endangered species and threatened species
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. 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 fur-
ther appropriation, in that fiscal year, to carry out this
subtitle.
SEC. 713. ENDANGERED AND THREATENED SPECIES RE-
COVERY ASSISTANCE.
(a) FINANCIAL ASSISTANCE.—The Secretary may
use amounts made available under section 712 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 714.
(b) PRIORITY.—In providing assistance under this
section, the Secretary shall give priority to the develop-
ment and implementation of 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—
(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
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. 1531 et seq.)
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. 714. 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 subtitle in accordance with this sec-
tion.
(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 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;
(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 fi-
nancial assistance under this subtitle to implement
the agreement as the Secretary determines is appro-
priate 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 Endan-
gered 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
residence;
(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
Commerce, in accordance with section 3 of the En-
dangered Species Act of 1973 (16 U.S.C. 1532).
(4) SMALL
LANDOWNER.—The term ‘‘small
landowner’’ means an individual who owns 50 acres
or fewer of land.
(5) SPECIES
RECOVERY
AGREEMENT.—The
term ‘‘species recovery agreement’’ means an En-
dangered and Threatened Species Recovery Agree-
ment entered into by the Secretary under section
714.
Æ