[Senate Report 107-123]
[From the U.S. Government Publishing Office]
Calendar No. 283
107th Congress Report
SENATE
1st Session 107-123
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AMERICAN WILDLIFE ENHANCEMENT ACT OF 2001
_______
December 13, 2001.--Ordered to be printed
_______
Mr. Jeffords, from the Committee on Environment and Public Works,
submitted the following
R E P O R T
[to accompany S. 990]
[Including cost estimate of the Congressional Budget Office]
The Committee on Environment and Public Works, to which was
referred a bill (S. 990) to amend the Pittman-Robertson
Wildlife Restoration Act to improve the provisions relating to
wildlife conservation and restoration programs, and for other
purposes, having considered the same reports favorably thereon
with an amendment and recommends that the bill, as amended, do
pass.
General Statement and Background
The American Wildlife Enhancement Act is intended to meet
the wildlife and habitat conservation funding needs across the
country. This would be accomplished through a combination of
State-led conservation efforts, landowner incentives and
cooperative conservation agreements.
``Non-Game'' Wildlife Conservation and Restoration
A century of wildlife conservation has sustained a legacy
of wild animals throughout our nation that contributes
immeasurably to the wealth of our country and the pleasure and
well-being of its citizens. Yet, as we step into the 21st
century, we confront greater conservation challenges than ever
before as growing demands on land and resources threaten to
edge out America's wildlife. Although successful in securing a
place for many game animals and bringing some endangered
species back from the brink of extinction, we are now
encountering new losses among songbirds, amphibians, reptiles,
fish, and other species that drew little notice or concern
until recently. Also, additional efforts need to be taken to
help ensure the survival of the endangered and threatened
species that inhabit public and private land throughout the
country.
It has long been desired by the State fish and wildlife
agencies and the conservation community to provide funding to
allow the States to meet the needs of the so-called ``nongame''
fish and wildlife species. Game and sportfish species have long
been funded through the use of a Federal excise tax on sporting
arms and ammunition, fishing tackle and equipment, and gasoline
taxes for outboard motor fuels, but there was no similar
mechanism to fund the non-hunted, non-fished, or non-endangered
species that needed conservation attention.
A proposed excise tax on other outdoor-recreation equipment
(``Teaming with Wildlife'') was unsuccessful because of the
lack of support for any additional tax or user fee. The
Wildlife Conservation and Restoration Program became allied
with funding coastal impact and restoration assistance and the
Land and Water Conservation Fund. Originally, the Program would
have been funded by Outer Continental Shelf revenues in what
became the Conservation and Reinvestment Act. The Wildlife
Conservation and Restoration Program was originally funded in
the fiscal year 2001 Commerce-Justice-State Appropriations law.
Endangered Species Conservation
There has also been a desire to take steps to make the
Endangered Species Act more effective in recovering endangered
and threatened species by creating programs with a more
collaborative approach to species conservation. Endangered and
threatened species are found on Federal and private land
throughout the country. According to a study published by The
Nature Conservancy and the Association for Biodiversity
Information in 2000, Federal lands support at least one example
of about 59 percent of species listed under the U.S. Endangered
Species Act, and private lands are habitat to at least one
population of more than two-thirds of species listed under the
U.S. Endangered Species Act. Given this distribution, one of
the keys to the successful recovery of our endangered and
threatened species is the increased participation of private
landowners. This is best achieved through a collaborative, not
combative, process that provides landowners with an incentive
to participate.
However, it is equally important to provide incentives for
the conservation of endangered and threatened species that
inhabit our public lands. This is especially true in the
western portion of our country, where a majority of the land is
publicly owned. The Endangered Species Act provides for the
conservation of species through several mechanisms, including
protections for species on private lands. The Act also provides
that our Federal agencies shall use their authority to further
the conservation of species, including cooperating with State
and local agencies to resolve water resource issues associated
with endangered species conservation (16 U.S.C.
Sec. 1531(c)(1)-(2)). S. 990 recognizes the role the
conservation of species on public lands may have in the
accomplishment of the purposes of the Endangered Species Act.
In the West, for example, upland game species which are in
decline, such as the sage grouse, occupy habitat on both public
and private lands.
Flexible Funding
Since the health of habitat has a direct relationship to
the health of both game and non-game species, habitat
conservation needs throughout our country must coincide with
species conservation needs. Habitat conservation needs can be
partially addressed through the creation of a program that
provides flexible funding to States for assistance in the
recovery of areas that are of regional or national
significance. However, in striving to protect these lands, a
balance must be achieved between land conservation for purely
ecological and habitat reasons, and land conservation for
economic and productive reasons as well.
Given their knowledge of the habitat that falls within
their borders, States should be given the flexibility to
conserve the areas they deem to be in the most need of
protection. Without a source of flexible Federal funds such as
this, States and local communities alone will be unable to
protect some of the nation's most important natural areas.
These areas include the Northern Forest that spans the States
of New Hampshire, Maine, Vermont and New York; the Central
Appalachian Highlands; and the Mississippi Delta. This flexible
funding will allow States and communities to protect vital
natural, cultural and recreational areas without creating or
expanding Federal land.
Objectives of the Legislation
S. 990, the American Wildlife Enhancement Act, is intended
to meet the wildlife and habitat conservation needs across the
country through a combination of State-led conservation
efforts, landowner incentives and cooperative conservation
agreements. This legislation will help to increase conservation
efforts throughout our country by promoting local control and
State partnerships through flexible, incentive driven
conservation programs and increased partnerships with local
landowners, as well as promoting conservation efforts on our
public lands. This will be done through four different
conservation initiatives. Title I authorizes additional funds
for the popular Pittman-Robertson program to go to States for
the conservation of non-game species.
Title II authorizes the Secretary of the Interior
(Secretary) to provide financial assistance to small private
landowners and conservation groups who would like to conserve
the habitats of endangered and threatened species that are
found on their land and on public lands. Providing for the
conservation of species on public lands in this manner is
intended to effect the purposes of the Endangered Species Act,
to help ensure that the Federal government effectively protects
species on its own land, and to help reduce conservation
pressures on private land.
Title III establishes a new competitive grant fund that
would allow one or several States to apply for a grant to
protect an area of regional or national significance. Title IV
establishes a program for the conservation and restoration of
shrub and grass land. S. 990 recognizes the importance of
fostering conservation activities for species on public lands
by specifying that funds provided under title II and title IV
may be used, in cooperation with Federal agencies, to provide
grants and incentive payments to non-profit organizations such
as conservation organizations and sportsmen's groups to restore
wildlife habitat on public lands.
Section-by-Section Analysis
Section 1. Short Title and Table of Contents
The Act will be cited as the ``American Wildlife
Enhancement Act of 2001''.
Title I - Pittman-Robertson Wildlife Conservation and Restoration
Programs Improvement
Section 101. Short Title
This title may be cited as the ``Pittman-Robertson Wildlife
Conservation and Restoration Programs Improvement Act''.
Section 102. Definitions
Summary
Subsection (a) of section 102 defines the following terms
for purposes of this title: account; conservation; fund; Indian
tribe; Secretary; State fish and game department; territory;
wildlife; wildlife-associated recreation project; wildlife
conservation and restoration program; wildlife conservation
education project; and wildlife restoration project.
Subsection (b) makes necessary conforming amendments to the
Pittman-Robertson Act resulting from this section.
Discussion
``Account'' means the Wildlife Conservation and Restoration
Account established by this title. Because the definitions
provided in this section apply to the Pittman-Robertson
Wildlife Restoration Act as a whole, this definition makes
clear the distinction between the ``account'' and the ``fund''.
The Wildlife Conservation and Restoration Account is a separate
account that falls within the Federal Aid to Wildlife
Restoration Fund, also known as the Pittman-Robertson Wildlife
Restoration Fund. Money in the Account would be provided by
Congressional appropriations, while the Fund is funded by
excise taxes paid on hunting equipment. The provisions in this
legislation, unless stated otherwise, pertain to the
establishment and implementation of the Wildlife Conservation
and Restoration Account.
``Conservation'' means the use of a method or procedure
necessary or desirable to sustain health populations of
wildlife or to restore declining populations of wildlife.
Conservation includes any activity associated with scientific
resources management.
``Fund'' means the Federal Aid to Wildlife Restoration Fund
within which the Wildlife Conservation and Restoration Account
is established by this title.
For purposes of this title, ``Indian tribes'' means the
same as the term is defined in section 4 of the Indian Self-
Determination and Education Act.
``Secretary'' means the Secretary of the Interior.
``State fish and game department'' means any department or
division of a department of another name, commission, or 1 or
more officials, of a State, the District of Columbia, a
territory, or an Indian tribe empowered to exercise the
functions ordinarily exercised by a State fish and game
department or a State fish and wildlife department.
``Territory'' mean Puerto Rico, Guam, American Samoa, the
Commonwealth of the Northern Mariana Islands, and the Virgin
Islands.
``Wildlife'' means any species of wild, free-ranging fauna
(excluding fish), and any species of fauna (excluding fish) in
a captive breeding program for reintroducing individuals of a
depleted native species into the previously occupied range of
the species. For purposes of each wildlife conservation and
restoration program, wildlife includes fish and native plants.
However, each wildlife and restoration program developed by the
States does not have to include fish and native plants. The
separation within the definition was made because the
definitions listed in this section apply to the Pittman-
Robertson Wildlife Restoration Act, which does not cover fish
and native plants. Sport fish restoration is covered in the
Dingell-Johnson Sport Fish Restoration Act.
``Wildlife-associated recreation project'' means a project
intended to meet the demand for and outdoor activity associated
with wildlife, a project such as construction or restoration of
a wildlife viewing area, observation tower, blind, platform,
land or water trail, water access route, area for field
trailing, or trail heard and a project to provide access to
these kinds of projects.
``Wildlife conservation and restoration program'' means a
program developed by a State fish and game department and
approved by the Secretary under section 12.
``Wildlife conservation education project'' means a project
that is intended to foster responsible natural resource
stewardship, including public outreach.
``Wildlife-restoration project'' means a project consisting
of the selection, restoration, rehabilitation, or improvement
of an area of land or water that is adaptable as a feeding,
resting, or breeding place for wildlife. A project may include
acquisition of an area of land or water suitable for capable of
being suitable for feeding, resting, or breeding by wildlife;
restoration or rehabilitation of an area of land or water;
construction in an area of such works as are necessary to make
the area available for feeding, resting or breeding by
wildlife; such research into any problem of wildlife management
as is necessary for efficient administration of wildlife
resources; and preliminary or incidental expenses incurred with
respect to these activities.
Section 103. Wildlife Conservation and Restoration Account
Summary
Subsection (a) establishes the Wildlife Conservation and
Restoration Account within the Pittman-Robertson Wildlife
Restoration Fund and authorizes $50 million for fiscal year
2001 and $350 million in each of fiscal years 2002 through
2006.
Subsection (b) makes necessary conforming amendments to
sections 3(a)(1), 4, 6, 8A, 9, 10, and 11(a)(1) of the Pittman-
Robertson Wildlife Restoration Act resulting from this section.
Discussion
This section extends and increases the authorization for
the Wildlife Conservation and Restoration Program (WCRP)
Account created under the Pittman-Robertson Act through the
enactment of the fiscal year 2001 Commerce, Justice, State
(CJS) Appropriations law. Expenditures for this Account were
authorized only for fiscal year 2001, for which $50 million was
appropriated. This section increases the authorization amount
to $350 million for each of the fiscal years 2002-2006, thus
allowing for the appropriation of additional funds to this
Account.
The authorization level for this bill is based on the
results of a needs survey conducted by the International
Association of Fish and Wildlife Agencies (IAFWA). The 1998
IAFWA survey asked State fish and wildlife agencies to
determine their annual funding needs for their unmet wildlife
conservation and related recreation and education programs. The
survey asked how much annual funding is needed to stabilize and
make progress to recover fish and wildlife species and their
habitats to ``safety net'' population levels; reintroduce
extirpated fish and wildlife species where practical and
desirable; meet the annual existing demand and provide for
projected needs for fish and wildlife related recreation
activities in each State; and meet the current demand and
provide for projected needs for fish and wildlife related
education facilities, networks, and programs. The response to
this survey found that the need totals over $1 billion.
State fish and wildlife agency revenues are based mainly on
traditional revenue sources, including State hunting and
fishing licenses fees, Federal excises taxes on hunting and
fishing equipment, and motor boat fuel taxes. The majority of
these user-fee funds are focused on approximately 100 game and
sportfish under a user-pay user-benefit philosophy. Other
sources of revenue include income tax check-offs, general
funds, State lotteries, sales taxes, vehicle license plates,
trust funds, or matching grants from Federal programs,
foundations, non-profit organizations, and corporations. The
1998 IAFWA survey put funding from these sources at
approximately $134 million, about one-tenth of the estimated
need of $1 billion. This provision recognizes the need for
greater Federal investment and will contribute $350 million in
key funding to assist States in meeting their expanded funding
goals. This provision will broaden our investments to mitigate
accumulating losses, sustain healthy wildlife communities for
all species, and prevent problems before they occur.
This section also proposes some clarifying and structural
improvements to the WCRP Account to ensure its consistency and
conformity with the underlying Pittman-Robertson statute, and
to ensure that the terms and conditions of the Account apply
only to the Account. It also applies certain provisions of the
underlying Pittman-Robertson statute to the Account.
Section 104. Apportionment of Amounts in the Account
Summary
This section establishes the apportionment for the Account
established in section 103. Not more than 3 percent of the
available funds may be used by the Secretary for administrative
expenses. The section provides that \1/2\ of 1 percent shall go
to each of the District of Columbia and Puerto Rico and not
more than \1/4\ of 1 percent to each of Guam, American Samoa,
the Commonwealth of the Northern Mariana Islands and the Virgin
Islands. 2 \1/4\ percent of the remaining funds shall go to
Indian tribes, of which \1/3\ shall be apportioned among tribes
based on the ratio of the trust lands area of each tribe bears
to the total trust land areas of all tribes and \2/3\ shall be
apportioned among tribes based on the ratio that the population
of each tribe bears to the total population of tribes, with no
tribe receiving more that 5 percent of the 2 \1/4\ percent for
tribes.
The States receive their apportionment after the
allocations are made. A State's apportionment from the Account
would be based on \1/3\ of the ratio that the area of the State
bears to the total area of all States and \2/3\ based on the
ratio that the population of the State bears to the total
population of all States. No State will receive less that 1
percent of the amount available for States and no State will
receive more that 5 percent of that amount.
The funds provided by the Account shall be in addition to
funds from the Pittman-Robertson Fund or the Sport Fish
Restoration Account and shall be used to address the unmet
needs for wildlife and habitats on which they depend and for
projects that are part of a wildlife conservation and
restoration program. A recipient may not receive funds from the
Account if the Secretary determines that the recipient diverts
funds from other conservation funding sources. Funds from the
Account shall remain available until the end of the second
following fiscal year.
Discussion
The allocation formula to each State is \1/3\ based on the
ratio that the area of the State bears to the total area of all
States and \2/3\ based on the ratio that the population of each
State bears to the total population of all States, with a
minimum apportionment of 1 percent and a maximum apportionment
of 5 percent. This distribution formula is the result of an
agreement between all 50 State fish and wildlife agencies that
reflects the collective thinking of how to best address
nationally the needs of fish and wildlife conservation and the
associated wildlife education and recreation needs of our
citizens. It recognizes that there are needs in every State
from the western ``public land'' States to the more eastern
urbanized States where pressures on habitat are intense. This
allocation represents the best professional thinking of the
State fish and wildlife agencies for a formula that is as
equitable nationally as possible.
The allocation of 2 \1/4\ percent of the funds in the
Wildlife Conservation and Restoration Account to Federally
recognized Indian tribes is equivalent to the percentage of
tribal trust land to total acreage of the continental United
States. Currently, tribes are not eligible to share in Federal
Aid in Wildlife Restoration Account funds even though tribal
members pay excise taxes on fishing and hunting equipment. This
legislation does not change this limitation in the underlying
law. However, by allowing Indian tribes to share in this new
funding source, S. 990 helps to address the funding shortfalls
that tribes experience in managing fish and wildlife
populations on their lands. Indian tribes, just like the
States, would have to submit, and have approved by the
Secretary, a wildlife conservation and restoration program and
a wildlife conservation strategy. The States and Territories
are not to use the funds from the Wildlife Conservation and
Restoration Account to replace existing Federal Aid funds
available to them. The funds may only be used for new Wildlife
Conservation and Restoration Programs and associated projects.
Section 105. Wildlife Conservation and Restoration Programs
Summary
Section 105 establishes a new section 12 of the Pittman-
Robertson Wildlife Restoration Act.
Subsection (a) of the new section 12 defines State.
Subsection (b) establishes the Wildlife and Conservation
Program (WCRP). Under the program, a State, acting through the
State fish and game department, may apply for approval of a
wildlife conservation and restoration program in order to
receive funds from the new Account. An application must provide
documentation that the State's wildlife and conservation
program provides overall responsibility and accountability to
the State fish and wildlife department, identify which species
in the State are in greatest need of conservation, and provide
for the development, implementation, and maintenance of
wildlife conservation projects, wildlife-associated recreation
projects and wildlife conservation education projects under the
program. The public must have the opportunity to participate in
the development and implementation of the program.
If the Secretary approves a wildlife conservation and
recreation program, the Secretary may use the States
apportionment to pay the Federal share of the cost of
implementation of the program and the cost of development,
implementation, and maintenance of each project in the program.
The Federal share shall not exceed 75 percent. The Secretary
shall make payments to States during the course of a project
and may advance funds to pay the Federal share of implementing
the program.
Not more than 10 percent of a State's apportionment may be
used for law enforcement activities and not more than 10
percent may be used for wildlife-associated recreation
projects. An exception to this limitation is provided if the
State demonstrates to the satisfaction of the Secretary that
the law enforcement activities or the wildlife-associated
recreation projects have a significant impact on high priority
conservation activities.
In order to implement projects in the program, a State may
make a grant or enter into a contract with any Federal, State,
or local agency, Indian tribe, wildlife conservation
organization, sportsmen's organization, land trust, or other
nonprofit organization, outdoor recreation or conservation
education entity and any other method the State determines to
be appropriate.
Subsection (c) requires that, in order to continue to
receive assistance from the Account, a State must develop and
implement a wildlife conservation strategy based on best
available and appropriate science not later than 5 years after
receiving their initial apportionment. The strategy shall use
information on the distribution and abundance of species of
wildlife as is indicative of the diversity and health of
wildlife of the State; identify the extent and condition of
wildlife habitats and community types essential to conservation
of the species of wildlife of the State; identify the problems
that may adversely affect the species and habitat of the
species and provide high priority research and survey to
identify factors that may assist in restoration and more
effective conservation of species and habitat; describe which
actions should be taken to conserve species and habitats and
establish priorities for implementing those actions; and
provide for periodic monitoring of the species and habitats and
the effectiveness of the actions and adaptations as are
appropriate.
The development and implementation of the strategy must
provide opportunity for public participation. A State shall
review and, if necessary, revise the strategy not less often
than every 7 years. The development, implementation, review and
revision of the strategy shall be coordinated between the State
fish and game department and Federal, State, and local agencies
and Indian tribes that manage areas of land or water or
administer programs affecting conservation. If a State fails to
develop, implement, review or revise a wildlife conservation
strategy, the State's apportionment shall be reapportioned to
other States for that fiscal year. If the State subsequently
carries out the requirements of this section, the State can
receive its apportionment in the subsequent fiscal year.
Subsection (d) allows money from the Account to be used to
carry out new programs and projects and enhance existing
programs and projects.
Subsection (e) establishes the priority for using the funds
from the Account for species that are in the greatest need of
conservation or are identified in the wildlife conservation
strategy.
Subsection (f) prohibits the use of funds from the Account
on activities that promote or encourage opposition to the
regulated hunting or trapping of wildlife.
Discussion
Modeled after the very successful Pittman-Robertson
Wildlife Restoration Programs, the WCRP Account apportions
matching Federal funds to the State fish and wildlife agencies
on a 75 Federal: 25 State match, to be used for wildlife
conservation, wildlife conservation education and wildlife-
associated recreation.
The WCRP relies on State-based decision making to establish
priority spending for the wildlife species of greatest
conservation need. The State fish and wildlife agencies have
constitutional and statutory responsibilities for fish and
wildlife within their borders. However, the WCRP gives the
States explicit and specific guidance and direction through the
Wildlife Conservation Strategy (WCS) on how priority spending
decisions for species of the greatest conservation need are to
be made. If States want to continue to receive funds from the
Account, within 5 years after the date of initial apportionment
a State shall develop and begin implementation of a wildlife
conservation strategy that is based on the best available and
appropriate scientific information. States will no longer
receive funds if they have not completed the wildlife
conservation strategy within 5 years after the enactment of
this act, or fail to implement or revise the strategy.
When developing a wildlife conservation strategy, S. 990
directs the State fish and wildlife agency to use information
relating to the distribution, abundance and population status
of fish and wildlife; habitat availability and status;
pressures on species and habitats; and collection of additional
information about these factors as the agency makes its
conservation needs priority decisions. States are directed to
use such information on the distribution and abundance of
species of wildlife, including low population and declining
species that the State deems appropriate, that are indicative
of the health and diversity of wildlife of the State. Such
information should also identify habitat and community types
necessary for the wildlife determined by the State as
indicative; identify problems for those species or habitats,
and to provide for priority research to fill information gaps;
determine actions necessary for conservation; provide for
mandatory and adaptive management; and provide appropriate
coordination with other governmental or tribal agencies. The
Wildlife Conservation Strategy describes an iterative decision-
making process that the State fish and wildlife agency shall go
through in order to establish its highest conservation needs
and thus priorities for spending WCRP funds.
The Wildlife Conservation and Restoration Program contains
two program elements not found in the underlying Pittman-
Robertson Wildlife Restoration Act. These are ``wildlife-
associated recreation'' and ``wildlife conservation
education''. Wildlife-associated recreation projects are
intended to meet the demand for outdoor recreation activities,
like hunting, fishing, wildlife observation and photography.
These kind of projects would include, but are not limited to,
the construction or restoration of a wildlife viewing area,
observation tower, blind or platform. Wildlife conservation
education projects are intended to foster responsible natural
resource stewardship.
Wildlife-associated recreation projects and wildlife
conservation education projects are important to the
conservation of both game and non-game species. Effective
wildlife stewardship can only be accomplished when individuals
and groups are educated about the benefits gained from the
presence of the wildlife. Recreation and education oriented
projects are intended to demonstrate to the public the
recreational, economic and aesthetic values of healthy wildlife
populations.
Section 106. Nonapplicability of Federal Advisory Committee Act
Subsection (a) amends the Pittman-Robertson Wildlife
Restoration Act by adding section 14, which exempts the
coordination required by this title from the Federal Advisory
Committee Act.
Subsection (b) amends the Dingell-Johnson Sport Fish
Restoration Act by inserting a new section 15, which exempts
the coordination required by this title from the Federal
Advisory Committee Act.
Section 107. Technical Amendments
This section amends sections 1, 5, 6, 7, 8, 8A, and 12 of
the Pittman-Robertson Wildlife restoration Act to make
technical and conforming changes necessary as a result of this
title.
Section 108. Effective Date
This section authorizes that this title take effect on
October 1, 2001.
Title II: Endangered and Threatened Species Recovery
Section 201: Purpose
The purpose of title II is to promote the involvement of
non-Federal entities in the recovery of endangered species,
threatened species, and species that may become endangered or
threatened if conservation actions are not taken. This title
also aims to recover the habitats on which they depend.
Section 202: Endangered and Threatened Species Recovery Assistance
Summary
Section 202(a) amends section 13 of the Endangered Species
Act of 1973 to allow the Secretary to provide financial
assistance to any person who wishes to develop and implement an
endangered and threatened species recovery agreement.
Section 13(a): Definitions
The new section 13(a) provides definitions to apply only to
this section of the Act. A ``conservation entity'' is defined
as a nonprofit entity that engages in activities to conserve or
protect fish, wildlife or plants or their habitat. These
entities include, but are not limited to, a sportsmen's
organization, an environmental organization, or a land trust.
A ``small landowner'' is an individual who owns not more
than 160 acres of land. However, if the small landowner owns
land that is used as a farm or ranch, the landowner would be
considered a small landowner if he/she owns no more than 50-
percent of the average acreage of a farm or ranch in the State
or 160 acres, which ever is greater. For the purposes of this
program, a ``farm or ranch'' is an activity in which not less
than $1,000 in income is derived from agricultural production
within a census year. The Secretary is to use the most recent
data provided by the U.S. Department of Agriculture in the U.S.
Census of Agriculture to determine the average farm or ranch in
each State.
The term ``species at risk'' applies to species that may
become endangered or threatened if conservation actions are not
taken to conserve and protect the population.
A ``species recovery agreement'' is an endangered and
threatened species recovery agreement that is entered into
according to the provisions under section 13(c).
Discussion
The definitions provided in this section explain who is
eligible for this program. Allowing both conservation entities
and small landowners to take part in the program helps to
ensure that a wide spectrum of species recovery agreements are
developed. The definition of small landowner recognizes that a
small landowner in the eastern half of the country is different
than a small landowner in the western half of the country. This
is illustrated by the fact that the average farm or ranch in
Nevada is about 2,220 acres, while the average farm or ranch in
New Hampshire is 141 acres. To address this difference, the
bill allows a small landowner to vary from State to State based
on the size of a farm or ranch in a State. A small landowner is
one that owns less than 50 percent of the average farm or ranch
in the State, or 160 acres, whichever is greater. This allows
for more individuals who live in the West to qualify for the
program without disadvantaging the small landowners in the
East.
Defining ``species at risk'' as species that may become
endangered or threatened if conservation efforts are not taken,
is a step toward being more pro-active in the recovery of
endangered and threatened species. An important component in
the recovery of flora and fauna is engaging in conservation
efforts before species decline so far as to warrant protection
provided under the Endangered Species Act.
Section 13(b): Endangered and Threatened Species Recovery Assistance
Summary
Section 13(b) authorizes the Secretary to provide financial
assistance to any person for the development and implementation
of an endangered and threatened species recovery agreement, and
outlines the terms under which a person may or may not receive
financial assistance. According to section 13(b)(2), the
Secretary should give priority to agreements that: implement
actions identified under recovery plans that have been
developed for listed species; have the greatest potential for
contributing to the recovery of an endangered or threatened
species, or a species at risk; benefit multiple species; carry
out activities that are specified in State or local
conservation plans; or are proposed by small landowners.
Section 13(b)(3) prohibits the Secretary from providing
financial assistance for any activity that is already required
by an incidental take permit, an incidental taking statement
provided under section 7 consultation of the Endangered Species
Act (ESA), or under any other provision of the ESA, any other
Federal law or any State law.
Section 13(b)(4) provides that the financial assistance
under this program shall not affect the payments a person may
receive under the Conservation Reserve Program, the Wetlands
Reserve Program, the Environmental Quality Incentives Program,
or the Wildlife Habitat Incentive Program. However, a person
cannot receive financial assistance under this program to carry
out an activity that is already required under one of the above
stated programs, and for which the person is already receiving
payment, unless the species recovery agreement imposes an
additional financial or management obligation.
Discussion
The purpose of the priorities listed in section13(b)(2) is
to ensure that the Secretary provides funding to the species
recovery agreements that will have the greatest possible impact
on endangered and threatened species conservation. Under the
ESA, recovery plans are to be developed for listed species.
These plans should include actions that need to be taken to
recover a listed species. By giving priority to agreements that
implement these identified actions, the Secretary can be
assured, based on the Department's own analysis, that the
agreements will help to recover the species covered in the
agreement.
The bill also affords funding priority to species recovery
agreements which would implement State and local conservation
plans. In recent years, State and local governments have placed
increasing focus on pro-active species conservation planning,
particularly moving to craft statewide or multi-state ecosystem
based conservation plans which target the conservation of not
only threatened and endangered species, but also species which
are in decline but not yet listed. These efforts, which are
ongoing in several States, reflect a recognition that broad
ecosystem restoration work targeting multiple species which
also provide for the conservation of declining species can
often best achieve the purposes of the underlying ESA. The
State of Nevada, for example, is currently working to craft a
broad conservation plan targeting a variety of declining
sagebrush dependent species like the sage grouse.
Affording priority to species recovery agreements which
implement such State or local plans recognizes the importance
of identifying funding mechanisms for such plans if they are to
accomplish one of their main purposes. That is, many States
target the conservation of declining species in such plans in
order to avoid the need to list those species in the future.
The ESA specifically provides that the existence of effective
State or local conservation plans may justify the Secretary's
determination not to list a species. 16 U.S.C.
Sec. 1533(b)(1)(A) provides that the Secretary must take ``into
account those efforts, if any, being made by any State . . . or
political subdivision of a State . . . to protect such species
. . .'' when determining whether a species should be listed. In
order for the Secretary to rely upon such State or local plans
as a reason not to list a species, however, courts have held
that, among other things, those plans must identify a funding
mechanism for the conservation actions called for in the plan.
E.g., Oregon Natural Resources Council v. State of Oregon, 6 F.
Supp. 1139 (1998). Targeting funding under this title to
implement State or local conservation plans recognizes the
importance of State and local efforts to effectuate the broad
purposes of the ESA.
The Secretary should also give priority to agreements that
benefit multiple species. As stated earlier, in areas
throughout the country, especially in the West, more than one
species in an ecosystem can be listed as endangered or
threatened. By giving a priority to agreements that encompass
multiple species, the Secretary will be looking at species
conservation on an ecosystem level, as opposed to an individual
species level. An ecosystem-based species recovery agreement
can prove to be more efficient in areas where there are
multiple species in need of conservation.
The priority given to small landowners is to help conserve
the number of species that occur on private lands. Currently,
any effort that a private landowner undertakes to conserve an
endangered species is paid for out-of-pocket. Since
approximately 90 percent of the listed endangered and
threatened species inhabit non-federal lands, one of the keys
to the successful recovery of our endangered and threatened
species is the increased participation of private landowners.
This is best achieved through a collaborative, not combative,
process that provides landowners with an incentive to
participate. This priority helps to achieve that.
The prohibitions listed under section 13(b)(3) are provided
to ensure that those who enter into species recovery agreements
with the Secretary are not receiving money to implement actions
that are already required by Federal or State law. However,
funding may be used for actions required under any incidental
taking statement issued as part of conservation activities of
the species recovery agreement itself. The money appropriated
under this new section of the ESA is meant to compensate
landowners and conservation entities that go beyond what is
required by law.
Section 13(c): Endangered and Threatened Species Recovery Agreements
Summary
Section 13(c) allows the Secretary to enter into endangered
and threatened species recovery agreements. Section 13(c)(2)
states what elements should be included in each agreement.
These elements are: provisions that require the person to carry
out activities on his/her property that are not required by
other Federal or State law that contribute to the recovery of a
listed species, or refrain from activities that would inhibit
the recovery of listed species. These activities can include
actions that, consistent with applicable State water laws and
regulations, directly reduce the availability of water for
species.
The species recovery agreements shall also include
provisions that specify species recovery goals and activities
for attaining those goals; require the person to make
demonstrable progress in accomplishing the species recovery
goals and a schedule for the implementation of the agreement;
specify actions to be taken by the Secretary or the person to
monitor the effectiveness of the agreement; require the person
to notify the Secretary if any right or obligation of the
person under the agreement is assigned to another person; and
require the person to notify the Secretary if any term of the
agreement is breached.
In addition, the species recovery agreement should include
a schedule for the disbursement of financial assistance during
the period that the agreement is in effect based on the
required schedule for implementation. The Secretary shall
terminate the species recovery agreement if the person fails to
carry out the species recovery agreement. Section 13(c)(3)
provides for the review and approval of proposed species
recovery agreements by the Secretary. The Secretary must review
the proposed agreement to determine if the agreement complies
with section 13(c) and will contribute to the recovery of each
of the species that is the subject of the proposed species
recovery agreement. If necessary, the Secretary shall propose
to the person any additional provisions that are necessary for
the species recovery agreement to comply with section 13(c).
The Secretary may enter into the species recovery agreement if
it is determined that the agreement complies with section
13(c).
Under section 13(c)(4), the Secretary must periodically
monitor the implementation of each species recovery agreement.
Based on the information obtained from the monitoring, the
Secretary shall disburse financial assistance to implement the
agreement as the Secretary deems to be appropriate under the
agreement. If the Secretary determines that the person is not
making demonstrable progress in accomplishing the species
recovery goals specified in the agreement, the Secretary shall
propose one or more modifications to the agreement that are
necessary to accomplish the goal or terminate the agreement.
According to section 13(c)(5), if the Secretary enters into
a species recovery agreement with a person with respect to
Federal or State land, the United States or the State,
respectively, must be a party to the agreement.
Discussion
The funding allocation established by this section is
designed to ensure that financial benefits are equally
distributed as best as possible to those proposing species
recovery agreements. It also recognizes that collaborative
efforts with private landowners must be undertaken in order to
adequately conserve both endangered and threatened species and
the rights of private property owners. Because only 10 percent
of the species listed as endangered or threatened under the ESA
occur solely on Federal land (GAO/RCED-95-16), small landowners
should be guaranteed a certain amount of funding for these
agreements. Another factor in guaranteeing funding for small
landowners is that agreements proposed by conservation entities
will tend to be larger in scope, encompassing multiple-species
over a larger ecosystem. While conservation agreements proposed
by conservation entities are very important to overall
endangered and threatened species conservation efforts, these
agreements will inherently require more Federal funds for
development and implementation, leaving fewer funds for
agreements proposed by small landowners.
It is not the intention of the committee to state that
conservation agreements on private lands are more important the
conservation agreements on public lands. Conservation must be
addressed on all types of land in order for the conservation of
endangered and threatened species to be effective. Allocating
one-third of the funding for species recovery agreements that
occur on public lands is intended to help achieve the goal of
overall endangered species conservation throughout the country.
Section 13(e): Limitation on Administrative Expenses
Under this subsection, the Secretary may not use more than
3 percent of the funds appropriated in each fiscal year to pay
administrative expenses incurred in providing financial
assistance for the development and implementation of endangered
and threatened species recovery agreements.
Section 202(b): Authorization of Appropriations
Section 202(b) amends section 15 of the Endangered Species
Act of 1973 to authorize the appropriation of $150,000,000 to
carry out section 13 for each of fiscal years 2002 through
2006.
Section 202(c): Conforming Amendment
Section 202(c) amends the table of contents of the
Endangered Species Act of 1973 by striking the item related to
section 13 and inserting, ``Sec. 13. Endangered and threatened
species recovery assistance.''
Title III:Non-Federal Land Conservation Grant Program
Section 301: Non-Federal Land Conservation Grant Program
Subsection (a). In General
Summary
Section 301(a) amends the Partnerships for Wildlife Act by
adding a new section 7106, authorizing the Secretary to
establish a competitive grant program to be known as the ``Non-
Federal Land Conservation Grant Program.'' The purpose of this
program is to make grants to States or groups of States for the
conservation of non-Federal land or water of regional or
national significance.
Subsection (b) establishes ranking criteria that must be
used when the Secretary is selecting among applications. The
Secretary shall rank the projects based on the extent to which
each project would protect watersheds and important scenic,
cultural, recreational, fish, wildlife and other ecological
resources. Preference would then been given to proposed
projects that seek to protect ecosystems, are developed in
collaboration with other States, have been open to public
participation, are supported by local communities and
individuals, and are considered a priority by the respective
State(s).
Applications, submitted according to a deadline that is
noticed in the Federal Register, shall include a detailed
description of the project, a detailed analysis of all
associated project costs (including planning, administration
and property acquisition and management), a statement
describing how the project is of regional or national
significance and a plan for stewardship of any land or water,
or interest therein, to be acquired under the project.
The Secretary, not later than 90 days after receipt of
applications, shall review the applications and notify each
State of its decision. The Secretary is required to submit an
annual report to the Senate Environment and Public Works
Committee and the House Resources Committee describing the
grants made under this section.
The Federal share of the cost of a project under this
program shall be not more than 70 percent in the case of a
conservation easement, 75 percent in the case of a project that
involves three or more States, and 50 percent for the purchase
of any interest other than a permanent conservation easement.
To cover the Federal share, this section authorizes $50 million
for each of fiscal years 2002 through 2006. There is also
authorized an additional $9 million for the Federal share of
the purchase of a conservation easement that covers the 171,000
acres of land that International Paper is selling in northern
New Hampshire. The cost-share requirement and application
process are not waived with respect to these funds.
Discussion
The funding authorized in this title would allow the
Federal government to assist States in protecting areas that
they and local communities deem to be of regional or national
significance. By requiring public participation and the support
of local communities and individuals, these important
conservation lands will be protected by those who are closest
to the land.
Several features of this grant program are notable. First,
the grant program will not create any additional Federal land.
These funds would go to States for conservation efforts they
deem important, and the management plan required to be included
in the application will ensure proper management for the future
by either the State or local government, or the conservation
entity they prefer.
Second, the various Federal cost-share amounts were chosen
to encourage collaboration between States and the use of
permanent conservation easements. However, it is not meant to
discourage full-fee acquisition. Conservation easements have
become a favored means of land conservation because the
property remains in private ownership and continues to
contribute to the local tax base. Also, easements can be
written to meet the particular needs of a landowner and the
unique character of the land to be protected.
Collaboration between States is also an important component
of land conservation. Natural ecosystems do not follow State
boundaries; therefore, conservation efforts are more effective
if all States covered by a particular ecosystem are involved in
the efforts. For example, the Northern Forest, the largest
remaining wild forest in the East, extends for 26 million acres
through Maine, New Hampshire, Vermont and New York. When the
resources of these States are pulled together, the outcome of
any conservation project would be more substantial and more
effective than if the States acted separately.
Third, the ranking criteria provided in Sec. 7106(b) seeks
to ensure that the projects selected by the Secretary for
funding protect multiple resources and are supported by those
in the area surrounding the project. Public participation and
local support are required to ensure that the project is
representative of all the resources in the area that are to be
protected. It is also important that the ecosystems and its
resources are protected in balance with productive economic
uses of the land. The final criterion states that the Secretary
should give preference to proposed projects that the State
considers to be a priority. This criterion enables the
Secretary to select one project over another if a State submits
more than one project that equally meets the other criteria.
Finally, there are features in this title that provide
accountability to both the States and the Secretary of the
Interior. Sec. 7106(c)(2)(B) requires that the State or group
of States include within their applications a detailed analysis
of all costs associated with the project, including the future
management of any property involved in the project. Along with
the cost of property management, the State(s) must also include
a plan for maintaining any land or water that is acquired,
either through full-fee acquisition or the purchase of a
conservation easement, for the project. These requirements help
to ensure that the lands and water involved in the projects
selected are managed in such a way that they continue to be
protected beyond the completion of the project.
There are two provisions in the bill that act as a check on
the Secretary of the Interior in order to help prevent the
Secretary from awarding grants without justification. These
provisions are Sec. 7106(c)(3)(B)(ii) and Sec. 7106(d). The
first provision requires the Secretary to explain to the State
or group of States why the application in question was denied.
The second provision requires the Secretary to submit a report
to Congress at the end of each fiscal year detailing the grants
that were awarded and how the funded projects met the ranking
criteria set out in Sec. 7106(b). Requiring the Secretary to
explain why projects were not awarded a grant and to submit an
annual report to Congress explaining how the funded projects
meet the criteria provides Congress with an assurance that the
funds are being awarded to the most deserving projects that
fulfill the intentions of this program.
Title IV: Conservation and Restoration of Shrubland and Grassland
Sec. 401. Conservation and Restoration of Shrubland and Grassland
Summary
Section 401 amends the Partnerships for Wildlife Act by
adding a new section 7107, authorizing the Secretary to
establish a Conservation and Restoration of Shrubland Grassland
Grant Program. The section authorizes the Secretary to expend
$50 million annually from 2002 through 2006 for grants to fund
conservation agreements entered into between the Secretary and
specified eligible entities to engage in specified conservation
activities on covered lands.
Subsection (a) defines two groups of individuals and
entities who are eligible to receive grants under this program.
The first are conservation entities defined as nonprofit
entities that engage in activities to protect or conserve fish,
wildlife or plants, or the habitat for fish, wildlife or
plants. The subsection provides an illustrative non-inclusive
list of conservation entities covered by this definition. The
second are permit holders defined as individuals who hold a
grazing permit on covered land. In addition, subsection (a)
defines such covered land as public or private natural
grassland or shrubland that serves as habitat for endangered
species, threatened species or species at risk, as determined
by the Secretary. Threatened and endangered species are defined
by reference to the Endangered Species Act. Species at risk are
defined as those species which may become threatened or
endangered if conservation actions are not taken to conserve
and protect that species. Such species may include, but are not
limited to, species identified by the Secretary as candidates
for listing under the Endangered Species Act. The subsection
further defines covered land as land located in an area that
has been historically dominated by natural grassland and
shrubland.
Subsection (b) establishes a grant program to be carried
out by Secretary.
Subsection (c) authorizes the Secretary to enter into
conservation agreements with a conservation entity or permit
holder to engage in conservation activities on covered land.
Such agreements shall provide for the grant award and may allow
certain specified activities on such land so long as those
activities contribute to maintaining or improving the viability
of the covered land. The subsection specifies an exclusive list
of such activities, providing that grants may be used on a
project or activity to reduce erosion, engage in a prescribed
burn, restore riparian habitat, control or eliminate invasive
or exotic species, reestablish native grasses, or any other
project or activity that restores or enhances habitat for
endangered species, threatened species or species at risk.
Subsection (d) provides that such agreements and grants
made pursuant to them may not be made or given to comply with
existing law, and may not be made or given to engage in
conservation activities for which the eligible entity is
already receiving a Federal payment under the Conservation
Reserve Program, the Environmental Quality Incentives Program
or the Wildlife Habitat Incentives Program.
Discussion
On April 10, 2001, in Reno, NV, the committee held a
hearing to consider the needs of State and local groups and
other entities involved in the conservation of both game and
non-game species, particularly in the West. Testimony was
received from the Nevada officials representing the U.S. Bureau
of Land Management, the U.S. Department of Agriculture, the
Nevada Department of Wildlife, as well as sportsmen, local
conservationists and environmental groups. The Conservation and
Restoration of Shrubland and Grassland Program is intended to
meet some of the needs identified in that hearing. In
particular, those needs included the need to assist in the
restoration of the vast shrubland and grasslands of the West,
particularly the Great Basin, and to boost the efforts of
nonprofit entities such as sportsmen's groups and other
conservationists to restore those lands. The Conservation and
Restoration of Shrubland and Grassland Program will provide
funding for nonprofit participation in such activities.
Conservation concerns in the West and the Great Basin include
significant invasive species problems like cheatgrass and
tamarisk. Cheatgrass, for example, has taken over large areas
of the Great Basin, out competing native vegetation and
degrading habitat for sage dependent species such as the sage
grouse, a game bird which is of conservation concern in the
region. Cheatgrass is also a significant fire fuel,
contributing to the breadth and intensity of fires in the
region, particularly in Nevada since 1999.
Landownership in this region often complicates restoration
efforts. Nevada, for example, is 87 percent in Federal land
ownership, largely in lands owned and managed by the Bureau of
Land Management. The management of these lands are increasingly
important with respect to protecting both non-game and game
species in decline and additional resources to address these
problems - in terms of manpower and funding - is critical to
ensuring the accomplishment of the purposes of the Endangered
Species Act. Hearing testimony was taken with respect to these
challenges, and particularly noted the importance of the work
of sportsmen's organizations and other conservationists to help
manage such land to provide good habitat for such species on
public lands.
The Conservation and Restoration of Shrubland and Grassland
Program will bolster the work of nonprofit organizations and
other groups engaged in conservation activities in the West and
the Great Basin by authorizing funds to engage in a specified
list of authorized conservation activities. These activities
include activities to reduce erosion; perform prescribed burn;
restore riparian habitat; control or eliminate invasive or
exotic species; reestablish native grasses; or any other
project or activity that restores or enhances habitat for
endangered species, threatened species or species at risk.
Legislative History
During the 106th Congress, the committee held a hearing on
May 24, 2000, on the wildlife provisions of S. 25, S. 2123, and
S. 2181.
On June 6, 2001, Senator Smith introduced S. 990, the
American Wildlife Enhancements Act of 2001. On November 8, 2001
the committee reported S. 990 with an amendment in the nature
of a substitute offered by Senators Smith, Jeffords, Crapo and
Reid, with a second degree amendment offered by Senator Reid
and agreed to the bill as amended by a voice vote.
Hearings
On April 10, 2001, the committee held a hearing in Reno,
NV, to receive testimony on State and local wildlife
conservation needs to inform the drafting of a bill to address
those needs. Witnesses were: Don Henley, Caddo Lake Institute;
Leta Collord, Northeastern Nevada Stewardship Group; Larry
Johnson, President, Nevada Bighorns Unlimited; Elsie Dupree,
President, Nevada Wildlife Federation; Terry Crawforth,
Administrator, Nevada Division of Wildlife; Gary Graham,
Division Director, Texas Parks and Wildlife Service; Bob Abbey,
Director, Nevada Bureau of Land Management; Robert Williams,
Field Supervisor, Nevada Fish and Wildlife Office; Dennis
Murphy, Biodiversity Initiative, University of Nevada at Reno;
Karen Denio, United States Department of Agriculture (USDA),
Farm Services Agency; and Nick Pearson, State Conservationist,
USDA, Natural Resources Conservation Service.
Rollcall Votes
The Committee on Environment and Public Works met to
consider S. 990 on November 8, 2001. The committee agreed to an
amendment in the nature of a substitute offered by Senator
Smith. Senator Reid offered a second degree amendment to the
substitute. All amendments were agreed to by voice vote and the
bill as amended was approved by voice vote.
Regulatory Impact Statement
In compliance with section 11(b) of rule XXVI of the
Standing Rules of the Senate, the committee finds that S.990
does not create any additional regulatory burdens, nor will it
cause any adverse impact on the personal privacy of
individuals.
Mandates Assessment
In compliance with the Unfunded Mandates Reform Act of 1995
(Public Law 104-4), the committee finds that S.990 would impose
no unfunded mandates on State, local, or tribal governments.
Cost of Legislation
Section 403 of the Congressional Budget and Impoundment
control Act requires that a statement of the cost of the
reported bill, prepared by the Congressional Budget Office, be
included in the report. That statement follows:
U.S. Congress,
Congressional Budget Office,
Washington, DC, December 3, 2001.
Hon. James Jeffords, Chairman,
Committee on Environment and Public Works,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has prepared
the enclosed cost estimate for S. 990, the American Wildlife
Enhancement Act of 2001.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Deborah Reis,
who can be reached at 226-2860.
Sincerely,
Dan L. Crippen
----------
S. 990, American Wildlife Enhancement Act of 2001, as ordered reported
by the Senate Committee on Environment and Public Works on
November 8, 2001
SUMMARY
S. 990 would establish within the U.S. Fish and Wildlife
Service (USFWS) four new grant programs to finance projects
that conserve or restore fish and wildlife species and their
habitats. The financial assistance authorized by the new
programs would enhance or expand existing USFWS grant programs
by broadening eligibility requirements to include new
participants, focusing on new conservation strategies, and
providing a new emphasis on certain types of species and
habitats.
The bill would authorize $600 million annually for fiscal
years 2002 through 2006 for the new grant programs. In
addition, the bill would authorize $9 million for a one-time
grant to New Hampshire. Finally, the bill would increase
authorizations of appropriations for endangered species
conservation grants, North American wetlands conservation
grants, and wildlife grants by a total of $162 million over the
2002-2006 period.
Assuming appropriation of the necessary amounts, CBO
estimates that implementing S. 990 would cost $109 million in
fiscal year 2002 and about $2.2 billion over the 2002-2006
period. S. 990 would have no effect on direct spending or
receipts; therefore, pay-as-you-go procedures would not apply.
S. 990 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would impose no costs on State, local, or tribal
governments. A great deal of the funds authorized by this
legislation would go to State, local, and tribal governments.
Any costs incurred by these governments to meet the conditions
of this assistance would be voluntary.
ESTIMATED COST TO THE FEDERAL GOVERNMENT
CBO estimates that S. 990 would authorize appropriations of
$627 million for fiscal year 2002 and a total of $3.2 billion
over the 2002-2006 period for USFWS grants. The estimated
budgetary impact of S. 990 is shown in the following table. The
costs of this legislation fall within budget function 300
(natural resources and environment).
By Fiscal Year, in Millions of Dollars
------------------------------------------------------------------------
2002 2003 2004 2005 2006
------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO
APPROPRIATION
Authorization Levels Specified
by S. 990......................
Authorization Level......... 609 600 600 600 600
Estimated Outlays........... 105 306 504 564 600
Indefinite Authorizations.......
Estimated Authorization 18 25 36 41 42
Level......................
Estimated Outlays........... 4 12 24 35 39
Total...........................
Estimated Authorization 627 625 636 641 642
Level......................
Estimated Outlays........... 109 318 528 599 639
------------------------------------------------------------------------
BASIS OF ESTIMATE
For this estimate, CBO assumes that S. 990 will be enacted
in fiscal year 2002 and that the specified and estimated
authorization amounts will be appropriated each year. We
further assume that such appropriations will supplement
existing appropriations for USFWS grants. (For fiscal year 2002
to date, the agency has received funding of nearly $920 million
for its grant programs--$276 million in appropriations acts and
about $644 million from permanent indefinite authority.)
Outlays are estimated on the basis of historic spending
patterns for USFWS conservation grant programs.
Specified Authorization Levels
The bill specifies authorization levels for the four new
USFWS grant programs that would be established by the bill,
including:
Wildlife conservation and restoration grants.
Title I would authorize appropriations of $350 million annually
for the existing wildlife conservation and restoration account
within the Federal aid-wildlife fund (Pittman-Robertson fund).
Under S. 990, the account would continue to fund conservation
and restoration grants, particularly those that focus on
nongame species.
Endangered and threatened species recovery
assistance. Title II would authorize appropriations of $150
million annually for grants to implement recovery plans for
threatened and endangered species and species that may become
threatened (known as at-risk species). The new grant program
would focus on plans that emphasize multiple species and broad
ecosystems. Those eligible for the new grants would include
nonprofit organizations and private landowners.
Nonfederal land conservation grants. Title III
would authorize appropriations of $50 million annually for
grants to conserve lands and waters that are nationally or
regionally significant but not owned by the Federal government.
The grants would be used by States or groups of States to
acquire lands or other property interests such as easements for
permanent protection of important ecosystems. Title III also
would authorize a one-time appropriation of $9 million to New
Hampshire for the purchase of a conservation easement on a
property in the northern part of the State.
Conservation and restoration of shrubland and
grassland. Title IV would authorize appropriations of $50
million annually for grants to enhance or restore grasslands or
shrublands that are the habitats of endangered, threatened, or
at-risk species. Land trusts and other conservation-oriented
entities would use the grants for activities such as land
erosion control, planting of native species, and restoration of
riverfront areas.
Estimated Authorizations
CBO estimates that the bill also would increase indefinite
authorizations for existing endangered species grants, North
American wetlands grants, and (after 2005) Federal aid-wildlife
conservation grants by $162 million over the next five years.
(After 2006, when the specific authorizations in S. 990 end,
the increases in indefinite authorizations caused by the bill
would fall rapidly and disappear after 2010.) These increases
would occur indirectly, as a result of authorizing new
appropriations to the Pittman-Robertson fund.
Interest on Balances in the Pittman-Robertson Fund. Under
existing law, interest earned on balances in the Pittman-
Robertson fund is available in the following year without
further appropriation either for grants made under the North
American Wetlands Conservation Act (through 2005) or for
traditional Federal aid-wildlife conservation grants (after
2005). Assuming appropriations to the wildlife conservation and
restoration account in the Pittman-Robertson fund of the entire
amounts authorized by title I, CBO estimates that interest
earnings would increase by between $7 million and $23 million
annually between fiscal years 2002 and 2006. The interest
earned would be available without further appropriation
(beginning in 2003), but because such earnings would depend on
the appropriation of funds to the account, they are considered
to be discretionary for Federal budgetary purposes.
Cooperative Endangered Species Conservation Grants. Another
provision of existing law authorizes the appropriation of
amounts transferred to the Cooperative Endangered Species
Conservation Fund (CESCF) each year from the general fund of
the Treasury. The transfer is equal to 5 percent of each year's
total deposits (including interest earnings) to the Pittman-
Robertson fund and the sport fish restoration account of the
Aquatic Resources Trust Fund. Appropriation of an additional
$350 million to the wildlife conservation and restoration
account in the Pittman-Robertson fund would increase transfers
from the general fund to the CESCF (and, correspondingly, the
indefinite authorization level for appropriations from that
fund) by $18 million to $19 million a year beginning in 2002.
Pay-As-You-Go Considerations: None.
INTERGOVERNMENTAL AND PRIVATE-SECTOR IMPACT
S. 990 contains no intergovernmental or private-sector
mandates as defined in UMRA and would impose no costs on State,
local, or tribal governments. A great deal of the funds
authorized by this legislation would go to State, local, and
tribal governments. Any costs incurred by these governments to
meet the conditions of this assistance would be voluntary.
Estimate Prepared by: Federal Costs: Deborah Reis; Impact on
State, Local, and Tribal Governments: Marjorie Miller; Impact
on the Private Sector: Lauren Marks.
Estimate Approved by: Peter H. Fontaine, Deputy Assistant
Director for Budget Analysis.
Changes in Existing Law
In compliance with section 12 of rule XXVI of the Standing
Rules of the Senate, changes in existing law made by the bill
as reported are shown as follows: Existing law proposed to be
omitted is enclosed in [black brackets], new matter is printed
in italic, existing law in which no change is proposed is shown
in roman:
----------
PITTMAN-ROBERTSON WILDLIFE RESTORATION ACT
[Chapter 899, Approved Sept. 2, 1937, 50 Stat. 917]
[Amended through Public Law 106-553, Dec. 21, 2000]
AN ACT To provide that the United States shall aid the States in
wildlife-restoration projects, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, [16 U.S.C.
669] [That the]
SECTION 1. COOPERATION OF SECRETARY OF THE INTERIOR WITH STATES.
The [Secretary of Agriculture] \1\ Secretary is authorized
to cooperate with the States, through their respective State
fish and game departments, in wildlife-restoration projects as
hereinafter set forth; but no money apportioned under this Act
to any State shall be expended therein until its legislature,
or other State agency authorized by the State constitution to
make laws governing the conservation of wildlife, shall have
assented to the provision of this Act and shall have passed
laws for the conservation of wildlife which shall include a
prohibition against the diversion of license fees paid by
hunters for any other purpose than the administration of said
State fish and game department, except that, until the final
adjournment of the first regular session of the legislature
held after the passage of this Act, the assent of the Governor
of the State shall be sufficient. The [Secretary of
Agriculture] \1\ Secretary and the State fish and game
department of each State accepting the benefits of this Act
shall agree upon the wildlife-restoration projects to be aided
in such State under the terms of this Act and all projects
shall conform to the standards fixed by the Secretary of
Agriculture. \1\
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\1\ Reorganization Plan No. II of 1939, transferred functions of
the Secretary of Agriculture relating to conservation of wildlife,
game, and migratory birds to the Secretary of the Interior.
---------------------------------------------------------------------------
[SEC. 2. [16 U.S.C. 669A] DEFINITIONS.
[As used in this Act--
[(1) the term ``conservation'' means the use of
methods and procedures necessary or desirable to
sustain healthy populations of wildlife, including all
activities associated with scientific resources
management such as research, census, monitoring of
populations, acquisition, improvement and management of
habitat, live trapping and transplantation, wildlife
damage management, and periodic or total protection of
a species or population, as well as the taking of
individuals within wildlife stock or population if
permitted by applicable State and Federal law;
[(2) the term ``Secretary'' means the Secretary of
the Interior;
[(3) the term ``State fish and game department'' or
``State fish and wildlife department'' means any
department or division of department of another name,
or commission, or official or officials, of a State
empowered under its laws to exercise the functions
ordinarily exercised by a State fish and game
department or State fish and wildlife department.
[(4) the term ``wildlife'' means any species of
wild, free-ranging fauna including fish, and also fauna
in captive breeding programs the object of which is to
reintroduce individuals of a depleted indigenous
species into previously occupied range;
[(5) the term ``wildlife-associated recreation''
means projects intended to meet the demand for outdoor
activities associated with wildlife including, but not
limited to, hunting and fishing, wildlife observation
and photography, such projects as construction or
restoration of wildlife viewing areas, observation
towers, blinds, platforms, land and water trails, water
access, field trialing, trail heads, and access for
such projects;
[(6) the term ``wildlife conservation and
restoration program'' means a program developed by a
State fish and wildlife department and approved by the
Secretary under section 304(d), the projects that
constitute such a program, which may be implemented in
whole or part through grants and contracts by a State
to other State, Federal, or local agencies (including
those that gather, evaluate, and disseminate
information on wildlife and their habitats), wildlife
conservation organizations, and outdoor recreation and
conservation education entities from funds apportioned
under this title, and maintenance of such projects;
[(7) the term ``wildlife conservation education''
means projects, including public outreach, intended to
foster responsible natural resource stewardship; and
[(8) the term ``wildlife-restoration project''
includes the wildlife conservation and restoration
program and means the selection, restoration,
rehabilitation, and improvement of areas of land or
water adaptable as feeding, resting, or breeding places
for wildlife, including acquisition of such areas or
estates or interests therein as are suitable or capable
of being made suitable therefor, and the construction
thereon or therein of such works as may be necessary to
make them available for such purposes and also
including such research into problems of wildlife
management as may be necessary to efficient
administration affecting wildlife resources, and such
preliminary or incidental costs and expenses as may be
incurred in and about such projects.]
SEC. 2. DEFINITIONS.
In this Act:
(1) Account.--The term ``Account'' means the
Wildlife Conservation and Restoration Account
established by section 3(a)(2).
(2) Conservation.--
(A) In general.--The term ``conservation''
means the use of a method or procedure
necessary or desirable--
(i) to sustain healthy populations
of wildlife; or
(ii) to restore declining
populations of wildlife.
(B) Inclusions.--The term ``conservation''
includes any activity associated with
scientific resources management, such as--
(i) research;
(ii) census;
(iii) monitoring of populations;
(iv) acquisition, improvement, and
management of habitat;
(v) live trapping and
transplantation;
(vi) wildlife damage management;
(vii) periodic or total protection
of a species or population; and
(viii) the taking of individuals
within a wildlife stock or population
if permitted by applicable Federal law,
State law, or law of the District of
Columbia, a territory, or an Indian
tribe for the purpose of protecting
wildlife in decline.
(3) Fund.--The term ``fund'' means the Federal aid
to wildlife restoration fund established by section
3(a)(1).
(4) Indian tribe.--The term ``Indian tribe'' has
the meaning given the term in section 4 of the Indian
Self-Determination and Education Assistance Act (25
U.S.C. 450b).
(5) Secretary.--The term ``Secretary'' means the
Secretary of the Interior.
(6) State fish and game department.--The term
``State fish and game department'' means any department
or division of a department of another name, or
commission, or 1 or more officials, of a State, the
District of Columbia, a territory, or an Indian tribe
empowered under the laws of the State, the District of
Columbia, the territory, or the Indian tribe,
respectively, to exercise the functions ordinarily
exercised by a State fish and game department or a
State fish and wildlife department.
(7) Territory.--The term ``territory'' means Puerto
Rico, Guam, American Samoa, the Commonwealth of the
Northern Mariana Islands, and the Virgin Islands.
(8) Wildlife.--
(A) In general.--Except as provided in
subparagraph (B), the term ``wildlife'' means--
(i) any species of wild, free-
ranging fauna (excluding fish); and
(ii) any species of fauna
(excluding fish) in a captive breeding
program the object of which is to
reintroduce individuals of a depleted
native species into the previously
occupied range of the species.
(B) Wildlife conservation and restoration
program.--For the purposes of each wildlife
conservation and restoration program, the term
``wildlife'' includes fish and native plants.
(9) Wildlife-associated recreation project.--The
term ``wildlife-associated recreation project'' means--
(A) a project intended to meet the demand
for an outdoor activity associated with
wildlife, such as hunting, fishing, and
wildlife observation and photography;
(B) a project such as construction or
restoration of a wildlife viewing area,
observation tower, blind, platform, land or
water trail, water access route, area for field
trialing, or trail head; and
(C) a project to provide access for a
project described in subparagraph (A) or (B).
(10) Wildlife conservation and restoration
program.--The term ``wildlife conservation and
restoration program'' means a program developed by a
State fish and game department and approved by the
Secretary under section 12.
(11) Wildlife conservation education project.--The
term ``wildlife conservation education project'' means
a project, including public outreach, that is intended
to foster responsible natural resource stewardship.
(12) Wildlife-restoration project.--
(A) In general.--The term ``wildlife-
restoration project'' means a project
consisting of the selection, restoration,
rehabilitation, or improvement of an area of
land or water (including a property interest in
land or water) that is adaptable as a feeding,
resting, or breeding place for wildlife.
(B) Inclusions.--The term ``wildlife-
restoration project'' includes--
(i) acquisition of an area of land
or water described in subparagraph (A)
that is suitable or capable of being
made suitable for feeding, resting, or
breeding by wildlife;
(ii) restoration or rehabilitation
of an area of land or water described
in subparagraph (A) (such as through
management of habitat and invasive
species);
(iii) construction in an area
described in subparagraph (A) of such
works as are necessary to make the area
available for feeding, resting, or
breeding by wildlife;
(iv) such research into any problem
of wildlife management as is necessary
for efficient administration of
wildlife resources; and
(v) such preliminary or incidental
expenses as are incurred with respect
to activities described in this
paragraph.
[Sec. 3. [16 U.S.C. 669b] (a)(1) An]
SEC. 3. FEDERAL AID TO WILDLIFE RESTORATION FUND.
(a) In General.--
(1) Federal aid to wildlife restoration fund.--An
amount equal to all revenues accruing each fiscal year
(beginning with the fiscal year 1975) from any tax
imposed on specified articles by sections 4161(b) and
4181 of the Internal Revenue Code of 1986 (26 U.S.C.
4161(b), 4181) shall, subject to the exemptions in
section 4182 of such Code, be covered into the Federal
aid to wildlife restoration fund (other than the
Account) in the Treasury [(hereinafter referred to as
the ``fund'')] and is authorized to be appropriated and
made available until expended to carry out the purposes
of this Act \2\ (other than sections 4(d) and 12). So
much of such appropriation apportioned to any State for
any fiscal year as remains unexpended at the close
thereof is authorized to be made available for
expenditure in that State until the close of the
succeeding fiscal year. Any amount apportioned to any
State under the provisions of this Act which is
unexpended or unobligated at the end of the period
during which it is available for expenditure on any
project is authorized to be made available for
expenditure by the Secretary of Agriculture in carrying
out the provisions of the Migratory Bird Conservation
Act.
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\2\ The Act of September 6, 1950 (Chapter 896; 64 Stat. 595) in
title I of chapter VII under the heading Fish and Wildlife Service,
provides:
For carrying out the provisions of the Act of September 2, 1937, as
amended (16 U.S.C. 669-669j), amounts equal to the sums credited during
the next preceding fiscal year and each fiscal year thereafter to the
special fund created by said Act.
This chapter may be cited as the ``Interior Department
Appropriation Act, 1951''.
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[(2)There is established in the Federal aid to
wildlife restoration fund a subaccount to be known as
the ``Wildlife Conservation and Restoration Account''.
There are authorized to be appropriated for the
purposes of the Wildlife Conservation and Restoration
Account $50,000,000 in fiscal year 2001 for
apportionment in accordance with this Act to carry out
State wildlife conservation and restoration programs.
Further, interest on amounts transferred shall be
treated in a manner consistent with 16 U.S.C.
669(b)(1)).]
(2) Wildlife conservation and restoration
account.--
(A) Establishment.--There is established in
the fund an account to be known as the
``Wildlife Conservation and Restoration
Account'.
(B) Funding.--
(i) In general.--There are
authorized to be appropriated to the
Account for apportionment to States,
the District of Columbia, territories,
and Indian tribes in accordance with
section 4(d)--
(I) $50,000,000 for fiscal
year 2001; and
(II) $350,000,000 for each
of fiscal years 2002 through
2006.
(ii) Availability.--Notwithstanding
the matter under the heading ``federal
aid in wildlife restoration'' under the
heading ``Fish and Wildlife Service''
in title I of chapter VII of the
General Appropriation Act, 1951 (64
Stat. 693), the amount appropriated
under clause (i)(II) for each of fiscal
years 2002 through 2006 shall be
available for obligation in that fiscal
year.
(b)(1) The Secretary of the Treasury shall invest in
interest-bearing obligations of the United States such portion
of the fund as is not, in his judgment, required for meeting a
current year's withdrawals. For purposes of such investment,
the Secretary of the Treasury may--
(A) acquire obligations at the issue price and
purchase outstanding obligations at the market price;
and
(B) sell obligations held in the fund at the market
price.
(2) The interest on obligations held in the fund--
(A) shall be credited to the fund;
(B) constitute the sums available for allocation by
the Secretary under section 8 of the North American
Wetlands Conservation Act; and
(C) shall become available for apportionment under
this Act at the beginning of fiscal year 2006.
[(c)(1) Amounts transferred to the Wildlife Conservation
and Restoration Account shall supplement, but not replace,
existing funds available to the States from the sport fish
restoration account and wildlife restoration account and shall
be used for the development, revision, and implementation of
wildlife conservation and restoration programs and should be
used to address the unmet needs for a diverse array of wildlife
and associated habitats, including species that are not hunted
or fished, for wildlife conservation, wildlife conservation
education, and wildlife-associated recreation projects. Such
funds may be used for new programs and projects as well as to
enhance existing programs and projects.
[(2) Funds may be used by a State or an Indian tribe for
the planning and implementation of its wildlife conservation
and restoration program and wildlife conservation strategy, as
provided in sections 4(d) and (e) of this Act, including
wildlife conservation, wildlife conservation education, and
wildlife-associated recreation projects. Such funds may be used
for new programs and projects as well as to enhance existing
programs and projects.
[(3) Priority for funding from the Wildlife Conservation
and Restoration Account shall be for those species with the
greatest conservation need as defined by the State wildlife
conservation and restoration program.
[(d) Notwithstanding subsections (a) and (b) of this
section, with respect to amounts transferred to the Wildlife
Conservation and Restoration Account, so much of such amounts
apportioned to any State for any fiscal year as remains
unexpended at the close thereof shall remain available for
obligation in that State until the close of the second
succeeding fiscal year.]
SEC. 4. [16 U.S.C. 669C] ALLOCATION AND APPORTIONMENT OF AVAILABLE
AMOUNTS.
(a) Set-Aside for Expenses for Administration of the
Pittman-Robertson Wildlife Restoration Act.--
(1) In general.--
(A) Set-aside.--For fiscal year 2001 and
each fiscal year thereafter, of the revenues
(excluding interest accruing under section
3(b)) covered into the fund (other than the
Account) for the fiscal year, the [Secretary of
the Interior] Secretary may use not more than
the available amount specified in subparagraph
(B) for the fiscal year for expenses for
administration incurred in implementation of
this Act (other than subsection (d) and
sections 3(a)(2) and 12), in accordance with
this subsection and section 9.
(B) Available amounts.--The available
amount referred to in subparagraph (A) is--
(i) for each of fiscal years 2001
and 2002, $9,000,000;
(ii) for fiscal year 2003,
$8,212,000; and
(iii) for fiscal year 2004 and each
fiscal year thereafter, the sum of--
(I) the available amount
for the preceding fiscal year;
and
(II) the amount determined
by multiplying--
(aa) the available
amount for the
preceding fiscal year;
and
(bb) the change,
relative to the
preceding fiscal year,
in the Consumer Price
Index for All Urban
Consumers published by
the Department of
Labor.
(2) Period of availability; apportionment of
unobligated amounts.--
(A) Period of availability.--For each
fiscal year, the available amount under
paragraph (1) shall remain available for
obligation for use under that paragraph until
the end of the fiscal year.
(B) Apportionment of unobligated amounts.--
Not later than 60 days after the end of a
fiscal year, the [Secretary of the Interior]
Secretary shall apportion among the States any
of the available amount under paragraph (1)
that remains unobligated at the end of the
fiscal year, on the same basis and in the same
manner as other amounts made available under
this Act from the fund (other than the Account)
are apportioned among the States for the fiscal
year.
(b) Apportionment to States.--The [Secretary of the
Interior] Secretary, after deducting the available amount under
subsection (a), the amount apportioned under subsection (c),
any amount apportioned under section 8A, and amounts provided
as grants under sections 10 and 11, shall apportion the
remainder of the revenue in [said fund] the fund (other than
the Account) for each fiscal year among the several States in
the following manner: One-half in the ratio which the area of
each State bears to the total area of all the States, and one-
half in the ratio which the number of paid hunting-license
holders of each State in the second fiscal year preceding the
fiscal year for which such apportionment is made, as certified
to said Secretary by the State fish and game departments, bears
to the total number of paid hunting-license holders of all the
States. Such apportionments shall be adjusted equitably so that
no State shall receive less than one-half of 1 per centum nor
more than 5 per centum of the total amount apportioned. The
term fiscal year as used in this Act shall be a period of
twelve consecutive months from October 1 through the succeeding
September 30, except that the period for enumeration of paid
hunting-license holders shall be a State's fiscal or license
year.
(c) One-half of the revenues accruing to the fund under
this Act each fiscal year (beginning with the fiscal year 1975)
from any tax imposed on pistols, revolvers, bows, and arrows
shall be apportioned among the States in proportion to the
ratio that the population of each State bears to the population
of all the States: Provided, That each State shall be
apportioned not more than 3 per centum and not less than 1 per
centum of such revenues and Guam, the Virgin Islands, American
Samoa, Puerto Rico, and the Northern Mariana Islands shall each
be apportioned one-sixth of 1 per centum of such revenues. For
the purpose of this subsection, population shall be determined
on the basis of the latest decennial census for which figures
are available, as certified by the Secretary of Commerce.
[(c) \3\ Apportionment of Wildlife Conservation and
Restoration Account.--
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\3\ The second subsection (c) and subsection (d) were added by
section 902(e) of H.R. 5548, as introduced in the 106th Congress and
enacted into law by section 1(a)(2) of Public Law 106-553.
---------------------------------------------------------------------------
[(1) The [Secretary of the Interior] Secretary
shall make the following apportionment from the
Wildlife Conservation and Restoration Account:
[(A) to \4\ the District of Columbia and to
the Commonwealth of Puerto Rico, each a sum
equal to not more than one-half of 1 percent
thereof.
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\4\ So in law. Should be ``To''.
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[(B) to \4\ Guam, American Samoa, the
Virgin Islands, and the Commonwealth of the
Northern Mariana Islands, each a sum equal to
not more than one-fourth of 1 percent thereof.
[(2)(A) The [Secretary of the Interior] Secretary,
after making the apportionment under paragraph (1),
shall apportion the remaining amount in the Wildlife
Conservation and Restoration Account for each fiscal
year among the States in the following manner:
[(i) one-third of which is based on the
ratio to which the land area of such State
bears to the total land area of all such
States; and
[(ii) two-thirds of which is based on the
ratio to which the population of such State
bears to the total population of all such
States.
(B) The amounts apportioned under this paragraph
shall be adjusted equitably so that no such State shall
be apportioned a sum which is less than one percent of
the amount available for apportionment under this
paragraph for any fiscal year or more than five percent
of such amount.
[(3) Of the amounts transferred to the Wildlife
Conservation and Restoration Account, not to exceed 3
percent shall be available for any Federal expenses
incurred in the administration and execution of
programs carried out with such amounts.
[(d) Wildlife Conservation and Restoration Programs.--
[(1) Any State, through its fish and wildlife
department, may apply to the [Secretary of the
Interior] Secretary for approval of a wildlife
conservation and restoration program, or for funds from
the Wildlife Conservation and Restoration Account, to
develop a program. To apply, a State shall submit a
comprehensive plan that includes--
[(A) provisions vesting in the fish and
wildlife department of the State overall
responsibility and accountability for the
program;
[(B) provisions for the development and
implementation of--
[(i) wildlife conservation projects
that expand and support existing
wildlife programs, giving appropriate
consideration to all wildlife;
[(ii) wildlife-associated
recreation projects; and
[(iii) wildlife conservation
education projects pursuant to programs
under section 8(a); and
[(C) provisions to ensure public
participation in the development, revision, and
implementation of projects and programs
required under this paragraph.
[(D) Wildlife conservation strategy.--
Within five years of the date of the initial
apportionment, develop and begin implementation
of a wildlife conservation strategy based upon
the best available and appropriate scientific
information and data that--
[(i) uses such information on the
distribution and abundance of species
of wildlife, including low population
and declining species as the State fish
and wildlife department deems
appropriate, that are indicative of the
diversity and health of wildlife of the
State;
[(ii) identifies the extent and
condition of wildlife habitats and
community types essential to
conservation of species identified
under paragraph (1);
[(iii) identifies the problems
which may adversely affect the species
identified under paragraph (1) or their
habitats, and provides for priority
research and surveys to identify
factors which may assist in restoration
and more effective conservation of such
species and their habitats;
[(iv) determines those actions
which should be taken to conserve the
species identified under paragraph (1)
and their habitats and establishes
priorities for implementing such
conservation actions;
[(v) provides for periodic
monitoring of species identified under
paragraph (1) and their habitats and
the effectiveness of the conservation
actions determined under paragraph (4),
and for adapting conservation actions
as appropriate to respond to new
information or changing conditions;
[(vi) provides for the review of
the State wildlife conservation
strategy and, if appropriate, revision
at intervals of not more than ten
years;
[(vii) provides for coordination to
the extent feasible the State fish and
wildlife department, during the
development, implementation, review,
and revision of the wildlife
conservation strategy, with Federal,
State, and local agencies and Indian
tribes that manage significant areas of
land or water within the State, or
administer programs that significantly
affect the conservation of species
identified under paragraph (1) or their
habitats.
[(2) A State shall provide an opportunity for
public participation in the development of the
comprehensive plan required under paragraph (1).
[(3) If the Secretary finds that the comprehensive
plan submitted by a State complies with paragraph (1),
the Secretary shall approve the wildlife conservation
and restoration program of the State and set aside from
the apportionment to the State made pursuant to
subsection (c) an amount that shall not exceed 75
percent of the estimated cost of developing and
implementing the program.
[(4)(A) Except as provided in subparagraph (B),
after the Secretary approves a State's wildlife
conservation and restoration program, the Secretary may
make payments on a project that is a segment of the
State's wildlife conservation and restoration program
as the project progresses. Such payments, including
previous payments on the project, if any, shall not be
more than the United States pro rata share of such
project. The Secretary, under such regulations as he
may prescribe, may advance funds representing the
United States pro rata share of a project that is a
segment of a wildlife conservation and restoration
program, including funds to develop such program.
[(B) Not more than 10 percent of the amounts
apportioned to each State under this section for a
State's wildlife conservation and restoration program
may be used for wildlife-associated recreation.
[(5) For purposes of this subsection, the term
``State'' shall include the District of Columbia, the
Commonwealth of Puerto Rico, the Virgin Islands, Guam,
American Samoa, and the Commonwealth of the Northern
Mariana Islands.]
(d) Apportionment of Amounts in the Account.--
(1) Deduction for administrative expenses.--For
each fiscal year, the Secretary may deduct, for payment
of administrative expenses incurred by the Secretary in
carrying out activities funded from the Account, not
more than 3 percent of the total amount of the Account
available for apportionment for the fiscal year.
(2) Apportionment to district of columbia,
territories, and indian tribes.--
(A) In general.--For each fiscal year,
after making the deduction under paragraph (1),
the Secretary shall apportion from the amount
in the Account remaining available for
apportionment--
(i) to each of the District of
Columbia and the Commonwealth of Puerto
Rico, a sum equal to not more than \1/
2\ of 1 percent of that remaining
amount;
(ii) to each of Guam, American
Samoa, the Commonwealth of the Northern
Mariana Islands, and the Virgin
Islands, a sum equal to not more than
\1/4\ of 1 percent of that remaining
amount; and
(iii) to Indian tribes, a sum equal
to not more than 2\1/4\ percent of that
remaining amount, of which, subject to
subparagraph (B)--
(I) \1/3\ shall be
apportioned among Indian tribes
based on the ratio that the
trust land area of each Indian
tribe bears to the total trust
land area of all Indian tribes;
and
(II) \2/3\ shall be
apportioned among Indian tribes
based on the ratio that the
population of each Indian tribe
bears to the total population
of all Indian tribes.
(B) Maximum apportionment for each indian
tribe.--For each fiscal year, the amounts
apportioned under subparagraph (A)(iii) shall
be adjusted proportionately so that no Indian
tribe is apportioned a sum that is more than 5
percent of the amount available for
apportionment under subparagraph (A)(iii) for
the fiscal year.
(3) Apportionment to states.--
(A) In general.--Subject to subparagraph
(B), for each fiscal year, after making the
deduction under paragraph (1) and the
apportionment under paragraph (2), the
Secretary shall apportion the amount in the
Account remaining available for apportionment
among States in the following manner:
(i) \1/3\ based on the ratio that
the area of each State bears to the
total area of all States.
(ii) \2/3\ based on the ratio that
the population of each State bears to
the total population of all States.
(B) Minimum and maximum apportionments.--
For each fiscal year, the amounts apportioned
under this paragraph shall be adjusted
proportionately so that no State is apportioned
a sum that is--
(i) less than 1 percent of the
amount available for apportionment
under this paragraph for the fiscal
year; or
(ii) more than 5 percent of that
amount.
(4) Use.--
(A) In general.--Apportionments under
paragraphs (2) and (3)--
(i) shall supplement, but not
supplant, funds available to States,
the District of Columbia, territories,
and Indian tribes--
(I) from the fund; or
(II) from the Sport Fish
Restoration Account established
by section 9504(a) of the
Internal Revenue Code of 1986;
and
(ii) shall be used to address the
unmet needs for wildlife (including
species that are not hunted or fished,
and giving priority to species that are
in decline), and the habitats on which
the wildlife depend, for projects
authorized to be carried out as part of
wildlife conservation and restoration
programs in accordance with section 12.
(B) Prohibition on diversion.--A State, the
District of Columbia, a territory, or an Indian
tribe shall not be eligible to receive an
apportionment under paragraph (2) or (3) if the
Secretary determines that the State, the
District of Columbia, the territory, or the
Indian tribe respectively, diverts funds from
any source of revenue (including interest,
dividends, and other income earned on the
revenue) available to the State, the District
of Columbia, the territory, or the Indian tribe
after January 1, 2000, for conservation of
wildlife for any purpose other than the
administration of the State fish and game
department in carrying out wildlife
conservation activities.
(5) Period of availability of apportionments.--
Notwithstanding section 3(a)(1), for each fiscal year,
the apportionment to a State, the District of Columbia,
a territory, or an Indian tribe from the Account under
this subsection shall remain available for obligation
until the end of the second following fiscal year.
Sec. 5. [16 U.S.C. 669d] For each fiscal year, the
[Secretary of the Interior] Secretary shall certify, at the
time at which a deduction or apportionment is made, to the
Secretary of the Treasury and to each State fish and game
department the sum which he has estimated to be deducted for
administering this Act and the Migratory Bird Conservation Act
and the sum which he has apportioned to each State. Any State
desiring to avail itself of the benefits of this Act shall
notify the [Secretary of the Interior] Secretary to this effect
within sixty days after it has received the certification
referred to in this section. The sum apportioned to any State
which fails to notify the [Secretary of the Interior] Secretary
as herein provided is authorized to be made available for
expenditure by the [Secretary of the Interior] Secretary in
carrying out the provisions of the Migratory Bird Conservation
Act.
[Sec. 6. [16 U.S.C. 669e]
SEC. 6. SUBMISSION AND APPROVAL OF PLANS AND PROJECTS.
(a) Any State desiring to avail itself of the benefits of
this Act (other than sections 4(d) and 12) shall, by its State
fish and game department, submit programs or projects for
wildlife restoration in either of the following two ways:
(1) The State shall prepare and submit to the [Secretary of
the Interior] Secretary a comprehensive fish and wildlife
resource management plan which shall insure the perpetuation of
these resources for the economic, scientific, and recreational
enrichment of the people. Such plan shall be for a period of
not less than five years and be based on projections of desires
and needs of the people for a period of not less than fifteen
years. It shall include provisions for updating at intervals of
not more than three years and be provided in a format as may be
required by the [Secretary of the Interior] Secretary. If the
[Secretary of the Interior] Secretary finds that such plans
conform to standards established by him and approves such
plans, he may finance up to 75 per centum of the cost of
implementing segments of those plans meeting the purposes of
[this Act from funds apportioned under this Act] this Act
(other than sections 4(d) and 12) from funds apportioned from
the fund (other than the Account) under this Act upon this
approval of an annual agreement submitted to him. \5\
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\5\ Margins of paragraphs (1) and (2) so in law.
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(2) A State may elect to avail itself of the benefits of
this Act (other than sections 4(d) and 12) by its State fish
and game department submitting to the [Secretary of the
Interior] Secretary full and detailed statements of any
wildlife-restoration project proposed for that State. If the
[Secretary of the Interior] Secretary finds that such project
meets with the standards set by him and approves said project,
the State fish and game department shall furnish to him such
surveys, plans, specifications, and estimates therefor as he
may require. If the [Secretary of the Interior] Secretary
approves the plans, specifications, and estimates for the
project, he shall notify the State fish and game department and
immediately set aside so much of [said fund as represents the
share of the United States payable under this Act] the fund
(other than the Account) as represents the share of the United
States payable from the fund (other than the Account) under
this Act on account of such project, which sum so set aside
shall not exceed 75 per centum of the total estimated cost
thereof. \1\
The [Secretary of the Interior] Secretary shall approve
only such comprehensive plans or projects as may be substantial
in character and design and the expenditure of funds hereby
authorized shall be applied only to such approved comprehensive
wildlife plans or projects and if otherwise applied they shall
be replaced by the State before it may participate in any
further apportionment under this Act from the fund (other than
the Account). No payment of any money apportioned under this
Act from the fund (other than the Account) shall be made on any
comprehensive wildlife plan or project until an agreement to
participate therein shall have been submitted to and approved
by the [Secretary of the Interior] Secretary.
(b) If the State elects to avail itself of the benefits of
this Act by preparing a comprehensive fish and wildlife plan
under option (1) of subsection (a) of this section, then the
term ``project'' may be defined for the purposes of this Act as
a wildlife program, all other definitions notwithstanding.
(c) Administrative costs in the form of overhead or
indirect costs for services provided by State central service
activities outside of the State agency having primary
jurisdiction over the wildlife resources of the State which may
be charged against programs or projects supported by the fund
[established by section 3 of this Act] shall not exceed in any
one fiscal year 3 per centum of the annual apportionment to the
State.
[Sec. 7. [16 U.S.C. 669f]
SEC. 7. PAYMENT OF FUNDS TO STATES.
(a) When the [Secretary of the Interior] Secretary shall
find that any project approved by him has been completed or, if
involving research relating to wildlife, is being conducted, in
compliance with said plans and specifications, he shall cause
to be paid to the proper authority of said State the amount set
aside for said project. The [Secretary of the Interior]
Secretary may, in his discretion, from time to time, make
payments on said project as the same progresses; but these
payments, including previous payments, if any, shall not be
more than the United States pro rata share of the project in
conformity with said plans and specifications. If a State has
elected to avail itself of the benefits of this Act by
preparing a comprehensive fish and wildlife plan as provided
for under option (1) of subsection (a) of section 6 of this
Act, and this plan has been approved by the [Secretary of the
Interior] Secretary, then the Secretary may, in his discretion,
and under such rules and regulations as he may prescribe,
advance funds to the State for financing the United States pro
rata share agreed upon between the State fish and game
department and the Secretary.
(b) Any construction work and labor in each State shall be
performed in accordance with its laws and under the direct
supervision of the State fish and game department, subject to
the inspection and approval of the [Secretary of the Interior]
Secretary and in accordance with rules and regulations made
pursuant to this Act. The [Secretary of the Interior] Secretary
and the State fish and game department of each State may
jointly determine at what times and in what amounts payments
shall be made under this Act. Such payments shall be made by
the Secretary of the Treasury, on warrants drawn by the
[Secretary of the Interior] Secretary against the said fund to
such official or officials, or depository, as may be designated
by the State fish and game department and authorized under the
laws of the State to receive public funds of the State.
[Sec. 8. [16 U.S.C. 669g]
SEC. 8. MAINTENANCE OF PROJECTS; FUNDING OF HUNTER SAFETY PROGRAMS AND
PUBLIC TARGET RANGES.
(a) Maintenance of wildlife-restoration projects
established under the provisions of this Act shall be the duty
of the State in accordance with their respective laws.
Beginning July 1, 1945, the term ``wildlife-restoration
project'', as defined in section 2 of this Act, shall include
maintenance of completed projects. Notwithstanding any other
provisions of this Act, funds apportioned to a State under this
Act may be expended by the State for management (exclusive of
law enforcement and public relations) of wildlife areas and
resources. [Funds from the Wildlife Conservation and
Restoration Account may be used for a wildlife conservation
education program, except that no such funds may be used for
education efforts, projects, or programs that promote or
encourage opposition to the regulated taking of wildlife.]
(b) Each State may use the funds apportioned to it under
section 4(c) to pay up to 75 per centum of the costs of a
hunter safety program and the construction, operation, and
maintenance of public target ranges, as a part of such program.
The non-Federal share of such costs may be derived from license
fees paid by hunters, but not from other Federal grant
programs. The Secretary shall issue not later than the 120th
day after the effective date of this subsection such
regulations as he deems advisable relative to the criteria for
the establishment of hunter safety programs and public target
ranges under this subsection.
[Sec. 8A. [16 U.S.C. 669g-1]
SEC. 8A. APPORTIONMENTS TO TERRITORIES.
The [Secretary of the Interior] Secretary is authorized to
cooperate with the Secretary of Agriculture of Puerto Rico, the
Governor of Guam, the Governor of American Samoa, the Governor
of the Commonwealth of the Northern Mariana Islands, and the
Governor of the Virgin Islands, in the conduct of wildlife-
restoration projects, as defined in section 2 of this Act, and
hunter safety programs as provided by section 8(b) of this Act,
upon such terms and conditions as he shall deem fair, just, and
equitable, and is authorized to apportion to Puerto Rico, Guam,
American Samoa, the Commonwealth of the Northern Mariana
Islands, and the Virgin Islands, out of the money available for
apportionment from the fund (other than the Account) under this
Act, such sums as he shall determine, not exceeding for Puerto
Rico one-half of 1 per centum, for Guam one-sixth of 1 per
centum, for American Samoa one-sixth of one per centum, and for
the Commonwealth of the Northern Mariana Islands one-sixth of 1
per centum, and for the Virgin Islands one-sixth of 1 per
centum of the total amount apportioned, in any one year, but
the Secretary shall in no event require any of said cooperating
agencies to pay an amount which will exceed 25 per centum of
the cost of any project. Any unexpended or unobligated balance
of any apportionment made pursuant to this section shall be
available for expenditure in Puerto Rico, Guam, American Samoa,
the Commonwealth of the Northern Mariana Islands, or the Virgin
Islands, as the case may be, in the succeeding year, on any
approved project, and if unexpended or unobligated at the end
of such year is authorized to be made available for expenditure
by the [Secretary of the Interior] Secretary in carrying out
the provisions of the Migratory Bird Conservation Act.
SEC. 9. [16 U.S.C. 669H] REQUIREMENTS AND RESTRICTIONS CONCERNING USE
OF AMOUNTS FOR EXPENSES FOR ADMINISTRATION.
(a) Authorized Expenses for Administration.--Except as
provided in subsection (b), the [Secretary of the Interior]
Secretary may use available amounts under [section 4(a)(1)]
subsections (a)(1) and (d)(1) of section 4 only for expenses
for administration that directly support the implementation of
this Act that consist of--
(1) personnel costs of employees who directly
administer this Act on a full-time basis;
(2) personnel costs of employees who directly
administer this Act on a part-time basis for at least
20 hours each week, not to exceed the portion of those
costs incurred with respect to the work hours of the
employee during which the employee directly administers
this Act, as those hours are certified by the
supervisor of the employee;
(3) support costs directly associated with
personnel costs authorized under paragraphs (1) and
(2), excluding costs associated with staffing and
operation of regional offices of the United States Fish
and Wildlife Service and the Department of the Interior
other than for the purposes of this Act;
(4) costs of determining under section 6(a) whether
State comprehensive plans and projects are substantial
in character and design;
(5) overhead costs, including the costs of general
administrative services, that are directly attributable
to administration of this Act and are based on--
(A) actual costs, as determined by a direct
cost allocation methodology approved by the
Director of the Office of Management and Budget
for use by Federal agencies; and
(B) in the case of costs that are not
determinable under subparagraph (A), an amount
per full-time equivalent employee authorized
under paragraphs (1) and (2) that does not
exceed the amount charged or assessed for costs
per full-time equivalent employee for any other
division or program of the United States Fish
and Wildlife Service;
(6) costs incurred in auditing, every 5 years, the
wildlife and sport fish activities of each State fish
and game department and the use of funds under section
6 by each State fish and game department;
(7) costs of audits under subsection (d);
(8) costs of necessary training of Federal and
State full-time personnel who administer this Act to
improve administration of this Act;
(9) costs of travel to States, territories, and
Canada by personnel who--
(A) administer this Act on a full-time
basis for purposes directly related to
administration of State programs or projects;
or
(B) administer grants under section 6, 10,
or 11;
(10) costs of travel outside the United States
(except travel to Canada), by personnel who administer
this Act on a full-time basis, for purposes that
directly relate to administration of this Act and that
are approved directly by the Assistant Secretary for
Fish and Wildlife and Parks;
(11) relocation expenses for personnel who, after
relocation, will administer this Act on a full-time
basis for at least 1 year, as certified by the Director
of the United States Fish and Wildlife Service at the
time at which the relocation expenses are incurred; and
(12) costs to audit, evaluate, approve, disapprove,
and advise concerning grants under sections 6, 10, and
11.
(b) Reporting of Other Uses.--
(1) In general.--Subject to paragraph (2), if the
[Secretary of the Interior] Secretary determines that
available amounts under [section 4(a)(1)] subsections
(a)(1) and (d)(1) of section 4 should be used for an
expense for administration other than an expense for
administration described in subsection (a), the
Secretary--
(A) shall submit to the Committee on
Environment and Public Works of the Senate and
the Committee on Resources of the House of
Representatives a report describing the expense
for administration and stating the amount of
the expense; and
(B) may use any such available amounts for
the expense for administration only after the
end of the 30-day period beginning on the date
of submission of the report under subparagraph
(A).
(2) Maximum amount.--For any fiscal year, the
[Secretary of the Interior] Secretary may use under
paragraph (1) not more than $25,000.
(c) Restriction on Use To Supplement General
Appropriations.--The [Secretary of the Interior] Secretary
shall not use available amounts under subsection (b) to
supplement the funding of any function for which general
appropriations are made for the United States Fish and Wildlife
Service or any other entity of the Department of the Interior.
(d) Audit Requirement.--
(1) In general.--The Inspector General of the
Department of the Interior shall procure the
performance of biennial audits, in accordance with
generally accepted accounting principles, of
expenditures and obligations of amounts used by the
[Secretary of the Interior] Secretary for expenses for
administration incurred in implementation of this Act.
(2) Auditor.--
(A) In general.--An audit under this
subsection shall be performed under a contract
that is awarded under competitive procedures
(as defined in section 4 of the Office of
Federal Procurement Policy Act (41 U.S.C. 403))
by a person or entity that is not associated in
any way with the Department of the Interior
(except by way of a contract for the
performance of an audit or other review).
(B) Supervision of auditor.--The auditor
selected under subparagraph (A) shall report
to, and be supervised by, the Inspector General
of the Department of the Interior, except that
the auditor shall submit a copy of the biennial
audit findings to the [Secretary of the
Interior] Secretary at the time at which the
findings are submitted to the Inspector General
of the Department of the Interior.
(3) Report to congress.--The Inspector General of
the Department of the Interior shall promptly submit to
the Committee on Resources of the House of
Representatives and the Committee on Environment and
Public Works of the Senate--
(A) a report on the results of each audit
under this subsection; and
(B) a copy of each audit under this
subsection.
SEC. 10. [16 U.S.C. 669H-1] FIREARM AND BOW HUNTER EDUCATION AND SAFETY
PROGRAM GRANTS.
(a) In General.--
(1) Grants.--Of the revenues covered into the fund
(other than the Account), $7,500,000 for each of fiscal
years 2001 and 2002, and $8,000,000 for fiscal year
2003 and each fiscal year thereafter, shall be
apportioned among the States in the manner specified in
section 4(c) by the [Secretary of the Interior]
Secretary and used to make grants to the States to be
used for--
(A) in the case of a State that has not
used all of the funds apportioned to the State
under section 4(c) for the fiscal year in the
manner described in section 8(b)--
(i) the enhancement of hunter
education programs, hunter and sporting
firearm safety programs, and hunter
development programs;
(ii) the enhancement of interstate
coordination and development of hunter
education and shooting range programs;
(iii) the enhancement of bow hunter
and archery education, safety, and
development programs; and
(iv) the enhancement of
construction or development of firearm
shooting ranges and archery ranges, and
the updating of safety features of
firearm shooting ranges and archery
ranges; and
(B) in the case of a State that has used
all of the funds apportioned to the State under
section 4(c) for the fiscal year in the manner
described in section 8(b), any use authorized
by this Act (including hunter safety programs
and the construction, operation, and
maintenance of public target ranges but
excluding any use authorized solely by section
12).
(2) Limitation on use.--Under paragraph (1), a
State shall not be required to use more than the amount
described in section 8(b) for hunter safety programs
and the construction, operation, and maintenance of
public target ranges.
(b) Cost Sharing.--The Federal share of the cost of any
activity carried out with a grant under this section shall not
exceed 75 percent of the total cost of the activity.
(c) Period of Availability; Reapportionment.--
(1) Period of availability.--Amounts made available
and apportioned for grants under this section shall
remain available only for the fiscal year for which the
amounts are apportioned.
(2) Reapportionment.--At the end of the period of
availability under paragraph (1), the [Secretary of the
Interior] Secretary shall apportion amounts made
available that have not been used to make grants under
this section among the States described in subsection
(a)(1)(B) for use by those States in accordance with
this Act (other than sections 4(d) and 12).
SEC. 11. [16 U.S.C. 669H-2] MULTISTATE CONSERVATION GRANT PROGRAM.
(a) In General.--
(1) Amount for grants.--Not more than $3,000,000 of
the revenues covered into the fund (other than the
Account) for a fiscal year shall be available to the
[Secretary of the Interior] Secretary for making
multistate conservation project grants in accordance
with this section.
(2) Period of availability; apportionment.--
(A) Period of availability.--Amounts made
available under paragraph (1) shall remain
available for making grants only for the first
fiscal year for which the amount is made
available and the following fiscal year.
(B) Apportionment.--At the end of the
period of availability under subparagraph (A),
the [Secretary of the Interior] Secretary shall
apportion any amounts that remain available
among the States in the manner specified in
section 4(b) for use by the States in the same
manner as funds apportioned under section 4(b).
(b) Selection of Projects.--
(1) States or entities to be benefited.--A project
shall not be eligible for a grant under this section
unless the project will benefit--
(A) at least 26 States;
(B) a majority of the States in a region of
the United States Fish and Wildlife Service; or
(C) a regional association of State fish
and game departments.
(2) Use of submitted priority list of projects.--
The [Secretary of the Interior] Secretary may make
grants under this section only for projects identified
on a priority list of [wildlife restoration projects]
wildlife-restoration projects described in paragraph
(3).
(3) Priority list of projects.--A priority list
referred to in paragraph (2) is a priority list of
wildlife restoration projects that the International
Association of Fish and Wildlife Agencies--
(A) prepares through a committee comprised
of the heads of State fish and game departments
(or their designees), in consultation with--
(i) nongovernmental organizations
that represent conservation
organizations;
(ii) sportsmen organizations; and
(iii) industries that support or
promote hunting, trapping, recreational
shooting, bow hunting, or archery;
(B) approves by vote of a majority of the
heads of State fish and game departments (or
their designees); and
(C) not later than October 1 of each fiscal
year, submits to the Assistant Director for
Wildlife and Sport Fish Restoration Programs.
(4) Publication.--The Assistant Director for
Wildlife and Sport Fish Restoration Programs shall
publish in the Federal Register each priority list
submitted under paragraph (3)(C).
(c) Eligible Grantees.--
(1) In general.--The [Secretary of the Interior]
Secretary may make a grant under this section only to--
(A) a State or group of States;
(B) the United States Fish and Wildlife
Service, or a State or group of States, for the
purpose of carrying out the National Survey of
Fishing, Hunting, and Wildlife-Associated
Recreation; and
(C) subject to paragraph (2), a
nongovernmental organization.
(2) Nongovernmental organizations.--
(A) In general.--Any nongovernmental
organization that applies for a grant under
this section shall submit with the application
to the International Association of Fish and
Wildlife Agencies a certification that the
organization--
(i) will not use the grant funds to
fund, in whole or in part, any activity
of the organization that promotes or
encourages opposition to the regulated
hunting or trapping of wildlife; and
(ii) will use the grant funds in
compliance with subsection (d).
(B) Penalties for certain activities.--Any
nongovernmental organization that is found to
use grant funds in violation of subparagraph
(A) shall return all funds received under this
section and be subject to any other applicable
penalties under law.
(d) Use of Grants.--A grant under this section shall not be
used, in whole or in part, for an activity, project, or program
that promotes or encourages opposition to the regulated hunting
or trapping of wildlife.
(e) Nonapplicability of Federal Advisory Committee Act.--
The Federal Advisory Committee Act (5 U.S.C. App.) shall not
apply to any activity carried out under this section.
SEC. 12. WILDLIFE CONSERVATION AND RESTORATION PROGRAMS.
(a) Definition of State.--In this section, the term
``State'' means a State, the District of Columbia, a territory,
and an Indian tribe.
(b) Wildlife Conservation and Restoration Programs.--
(1) In general.--A State, acting through the State
fish and game department, may apply to the Secretary--
(A) for approval of a wildlife conservation
and restoration program; and
(B) to receive funds from the apportionment
to the State under section 4(d) to develop and
implement the wildlife conservation and
restoration program.
(2) Application contents.--As part of an
application under paragraph (1), a State shall provide
documentation demonstrating that the wildlife
conservation and restoration program of the State
includes--
(A) provisions vesting in the State fish
and game department overall responsibility and
accountability for the wildlife conservation
and restoration program of the State;
(B) provisions to identify which species in
the State are in greatest need of conservation;
and
(C) provisions for the development,
implementation, and maintenance, under the
wildlife conservation and restoration program,
of--
(i) wildlife conservation
projects--
(I) that expand and support
other wildlife programs; and
(II) that are selected
giving appropriate
consideration to all species of
wildlife in accordance with
subsection (c);
(ii) wildlife-associated recreation
projects; and
(iii) wildlife conservation
education projects.
(3) Public participation.--A State shall provide an
opportunity for public participation in the
development, implementation, and revision of the
wildlife conservation and restoration program of the
State and projects carried out under the wildlife
conservation and restoration program.
(4) Approval for funding.--If the Secretary finds
that the application submitted by a State meets the
requirements of paragraph (2), the Secretary shall
approve the wildlife conservation and restoration
program of the State.
(5) Payment of federal share.--
(A) In general.--Subject to subparagraph
(D), after the Secretary approves a wildlife
conservation and restoration program of a
State, the Secretary may use the apportionment
to the State under section 4(d) to pay the
Federal share of--
(i) the cost of implementation of
the wildlife conservation and
restoration program; and
(ii) the cost of development,
implementation, and maintenance of each
project that is part of the wildlife
conservation and restoration program.
(B) Federal share.--The Federal share shall
not exceed 75 percent.
(C) Timing of payments.--Under such
regulations as the Secretary may promulgate,
the Secretary--
(i) shall make payments to a State
under subparagraph (A) during the
course of a project; and
(ii) may advance funds to pay the
Federal share of the costs described in
subparagraph (A).
(D) Maximum amount for certain
activities.--
(i) In general.--Notwithstanding
section 8(a), except as provided in
clause (ii), for each fiscal year, not
more than 10 percent of the
apportionment to a State under section
4(d) for the wildlife conservation and
restoration program of the State may be
used for each of the following
activities:
(I) Law enforcement
activities.
(II) Wildlife-associated
recreation projects.
(ii) Exception.--For any fiscal
year, the limitation under clause (i)
shall not apply to law enforcement
activities or wildlife-associated
recreation projects in a State if the
State demonstrates to the satisfaction
of the Secretary that law enforcement
activities or wildlife-associated
recreation projects, respectively, have
a significant impact on high priority
conservation activities.
(6) Method of implementation of projects.--A State
may implement a project that is part of the wildlife
conservation and restoration program of the State
through--
(A) a grant made by the State to, or a
contract entered into by the State with--
(i) any Federal, State, or local
agency (including an agency that
gathers, evaluates, and disseminates
information on wildlife and wildlife
habitats);
(ii) an Indian tribe;
(iii) a wildlife conservation
organization, sportsmen's organization,
land trust, or other nonprofit
organization; or
(iv) an outdoor recreation or
conservation education entity; and
(B) any other method determined appropriate
by the State.
(c) Wildlife Conservation Strategy.--
(1) In general.--Not later than 5 years after the
date of the initial apportionment to a State under
section 4(d), to be eligible to continue to receive
funds from the apportionment to the State under section
4(d), the State shall, as part of the wildlife
conservation and restoration program of the State,
develop and implement a wildlife conservation strategy
that is based on the best available and appropriate
scientific information.
(2) Required elements.--A wildlife conservation
strategy shall--
(A) use such information on the
distribution and abundance of species of
wildlife as is indicative of the diversity and
health of the wildlife of the State, including
such information on species with low
populations and declining numbers of
individuals as the State fish and game
department determines to be appropriate;
(B) identify the extent and condition of
wildlife habitats and community types essential
to conservation of the species of wildlife of
the State identified using information
described in subparagraph (A);
(C)(i) identify the problems that may
adversely affect--
(I) the species identified using
information described in subparagraph
(A); and
(II) the habitats of the species
identified under subparagraph (B); and
(ii) provide for high priority research and
surveys to identify factors that may assist in
the restoration and more effective conservation
of--
(I) the species identified using
information described in subparagraph
(A); and
(II) the habitats of the species
identified under subparagraph (B);
(D)(i) describe which actions should be
taken to conserve--
(I) the species identified using
information described in subparagraph
(A); and
(II) the habitats of the species
identified under subparagraph (B); and
(ii) establish priorities for implementing
those actions; and
(E) provide for--
(i) periodic monitoring of--
(I) the species identified
using information described in
subparagraph (A);
(II) the habitats of the
species identified under
subparagraph (B); and
(III) the effectiveness of
the conservation actions
described under subparagraph
(D); and
(ii) adaptation of conservation
actions as appropriate to respond to
new information or changing conditions.
(3) Public participation in development of
strategy.--A State shall provide an opportunity for
public participation in the development and
implementation of the wildlife conservation strategy of
the State.
(4) Review and revision.--Not less often than once
every 7 years, a State shall review the wildlife
conservation strategy of the State and make any
appropriate revisions.
(5) Coordination.--During the development,
implementation, review, and revision of the wildlife
conservation strategy of the State, a State shall
provide for coordination between--
(A) the State fish and game department; and
(B) Federal, State, and local agencies and
Indian tribes that--
(i) manage significant areas of
land or water within the State; or
(ii) administer programs that
significantly affect the conservation
of
(I) the species identified
using information described in
paragraph (2)(A); or
(II) the habitats of the
species identified under
paragraph (2)(B).
(6) Effect of failure to develop or carry out
wildlife conservation strategy.--
(A) In general.--If, in any fiscal year, a
State fails to develop, implement, obtain the
approval of the Secretary for, review, or
revise a wildlife conservation strategy as
required under this subsection, the
apportionment to the State under section 4(d)
for the following fiscal year shall be
reapportioned in accordance with section 4(d)
to States that carry out those activities as
required under this subsection.
(B) Correction of deficiencies.--If a State
whose apportionment for a fiscal year is
reapportioned under subparagraph (A)
subsequently carries out the activities
described in that subparagraph as required
under this subsection, the State shall be
eligible to receive an apportionment under
section 4(d) for the fiscal year following the
fiscal year of the reapportionment.
(d) Use of Funds for New and Existing Programs and
Projects.--Funds made available from the Account to carry out
activities under this section may be used--
(1) to carry out new programs and projects; and
(2) to enhance existing programs and projects.
(e) Priority for Funding.--In using funds made available
from the Account to carry out activities under this section, a
State shall give priority to species that are in greatest need
of conservation--
(1) as evidenced by--
(A) a low population and declining numbers
of individuals;
(B) a current threat or reasonably
anticipated threat to the habitat of the
species; or
(C) any other similar indicator of need of
conservation; or
(2) as identified in the wildlife conservation
strategy of the State under subsection (c).
(f) Limitation on Use of Funds for Wildlife Conservation
Education Projects.--Funds made available from the Account to
carry out wildlife conservation education projects shall not be
used to fund, in whole or in part, any activity that promotes
or encourages opposition to the regulated hunting or trapping
of wildlife.
[Sec. [12.] 13. [16 U.S.C. 669i]
SEC. 13. RULES AND REGULATIONS.
The Secretary of Agriculture \6\ is authorized to make
rules and regulations for carrying out the provisions of this
Act.
---------------------------------------------------------------------------
\6\ Reorganization Plan No. II of 1939, transferred functions of
the Secretary of Agriculture relating to conservation of wildlife,
game, and migratory birds to the [Secretary of the Interior] Secretary.
---------------------------------------------------------------------------
SEC. 14. NONAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT.
Coordination with State fish and game department personnel
or with personnel of any other agency of a State, the District
of Columbia, a territory, or an Indian tribe under this Act
shall not be subject to the Federal Advisory Committee Act (5
U.S.C. App.).
SEC. [13.] 15. [16 U.S.C. 669 NOTE] SHORT TITLE.
This Act may be cited as the ``Pittman-Robertson Wildlife
Restoration Act''.
----------
ENDANGERED SPECIES ACT OF 1973
[Public Law 93-205, Approved Dec. 28, 1973, 87 Stat. 884]
[Amended through Public Law 106-201, May 18, 2000]
AN ACT To provide for the conservation of endangered and threatened
species of fish, wildlife, and plants, and for other purposes.
Be it enacted by the Senate and House of Representatives
of the United States of America in Congress assembled, [16
U.S.C. 1531 note] That this Act may be cited as the
``Endangered Species Act of 1973''.
TABLE OF CONTENTS
Sec. 2. Findings, purposes, and policy.
Sec. 3. Definitions.
Sec. 4. Determination of endangered species and threatened species.
Sec. 5. Land acquisition.
Sec. 6. Cooperation with the States.
Sec. 7. Interagency cooperation.
Sec. 8. International cooperation.
Sec. 8A. Convention implementation.
Sec. 9. Prohibited acts.
Sec. 10. Exceptions.
Sec. 11. Penalties and enforcement.
Sec. 12. Endangered plants.
[Sec. 13. Conforming amendments.]
Sec. 13. Endangered and threatened species recovery assistance.
Sec. 14. Repealer.
Sec. 15. Authorization of appropriations.
Sec. 16. Effective date.
Sec. 17. Marine Mammal Protection Act of 1972.
[Sec. 18. Annual cost analysis by the Fish and Wildlife Service.\1\]
findings, purposes, and policy
Sec. 2. [16 U.S.C. 1531] (a) Findings.--The Congress finds
and declares that--
* * * * * * *
[conforming amendments
[Sec. 13.
[ (a) Subsection 4(c) of the Act of October 15, 1966 (80
Stat. 928, 16 U.S.C. 668dd(c)), is further amended by revising
the second sentence thereof to read as follows: ``With the
exception of endangered species and threatened species listed
by the Secretary pursuant to section 4 of the Endangered
Species Act of 1973 in States wherein a cooperative agreement
does not exist pursuant to section 6(c) of that Act, nothing in
this Act, shall be construed to authorize the Secretary to
control or regulate hunting or fishing of resident fish and
wildlife on lands not within the system.''
[(b) Subsection 10(a) of the Migratory Bird Conservation
Act (45 Stat. 1224, 16 U.S.C. 715i(a)) and subsection 401(a) of
the Act of June 15, 1935 (49 Stat. 383, 16 U.S.C. 715s(a)) are
each amended by striking out ``threatened with extinction,''
and inserting in lieu thereof the following: ``listed pursuant
to section 4 of the Endangered Species Act of 1973 as
endangered species or threatened species.''
[(c) Section 7(a)(1) of the Land and Water Conservation
Fund Act of 1965 (16 U.S.C. 4601-9(a)(1)) is amended by
striking out:
[``Threatened Species.--For any national area which
may be authorized for the preservation of species of
fish or wildlife that are threatened with extinction.''
and inserting in lieu thereof the following:
[``Endangered Species and Threatened Species.--For
lands, waters, or interests therein, the acquisition of
which is authorized under section 5(a) of the
Endangered Species Act of 1973, needed for the purpose
of conserving endangered or threatened species of fish
or wildlife or plants.''
[(d) The first sentence of section 2 of the Act of
September 28, 1962, amended (76 Stat. 653, 16 U.S.C. 460k-1),
is amended to read as follows:
[``The Secretary is authorized to acquire areas of
land, or interests therein, which are suitable for--
[``(1) incidental fish and wildlife-oriented
recreational development;
[``(2) the protection of natural resources;
[``(3) the conservation of endangered species or
threatened species listed by the Secretary pursuant to
section 4 of the Endangered Species Act of 1973; or
[``(4) carrying out two or more of the purposes set
forth in paragraphs (1) through (3) of this section,
and are adjacent to, or within, the said conservation
areas, except that the acquisition of any land or
interest therein pursuant to this section shall be
accomplished only with such funds as may be
appropriated therefor by the Congress or donated for
such purposes, but such property shall not be acquired
with funds obtained from the sale of Federal migratory
bird hunting stamps.''
[(e) The Marine Mammal Protection Act of 1972 (16 U.S.C.
1361-1407) is amended--
[(1) by striking out ``Endangered Species
Conservation Act of 1969'' in section 3(1)(B) thereof
and inserting in lieu thereof the following:
``Endangered Species Act of 1973'';
[(2) by striking out ``pursuant to the Endangered
Species Conservation Act of 1969'' in section
101(a)(3)(B) thereof and inserting in lieu thereof the
following: ``or threatened species pursuant to the
Endangered Species Act of 1973''.
[(3) by striking out ``endangered under the
Endangered Species Conservation Act of 1969'' in
section 102(b)(3) thereof and inserting in lieu thereof
the following: ``an endangered species or threatened
species pursuant to the Endangered Species Act of
1973''; and
[(4) by striking out ``of the Interior and
revisions of the Endangered Species List, authorized by
the Endangered Species Conservation Act of 1969,'' in
section 202(a)(6) thereof and inserting in lieu thereof
the following: ``such revisions of the endangered
species list and threatened species list published
pursuant to section 4(c)(1) of the Endangered Species
Act of 1973''.
[(f) Section 2(1) of the Federal Environmental Pesticide
Control Act of 1972 (Public Law 92-516) is amended by striking
out the words ``by the Secretary of the Interior under Public
Law 91-135'' and inserting in lieu thereof the words ``or
threatened by the Secretary pursuant to the Endangered Species
Act of 1973''.]
SEC. 13. ENDANGERED AND THREATENED SPECIES RECOVERY ASSISTANCE.
(a) Definitions.--In this section:
(1) Conservation entity.--
(A) In general.--The term ``conservation
entity'' means a nonprofit entity that engages
in activities to conserve or protect fish,
wildlife, or plants, or habitats for fish,
wildlife, or plants.
(B) Inclusions.--The term ``conservation
entity'' includes--
(i) a sportsmen's organization;
(ii) an environmental organization;
and
(iii) a land trust.
(2) Farm or ranch.--The term ``farm or ranch''
means an activity with respect to which not less than
$1,000 in income is derived from agricultural
production within a census year.
(3) Person.--The term ``person'' includes a
conservation entity.
(4) Small landowner.--The term ``small landowner''
means--
(A) an individual who owns land in a State
that--
(i) is used as a farm or ranch; and
(ii) has an acreage of not more
than the greater of--
(I) 50 percent of the
average acreage of a farm or
ranch in the State; or
(II) 160 acres of land; and
(B) an individual who owns land that--
(i) is not used as a farm or ranch;
and
(ii) has an acreage of not more
than 160 acres.
(5) Species at risk.--The term ``species at risk''
means a species that may become an endangered species
or a threatened species if conservation actions are not
taken to conserve and protect the species.
(6) Species recovery agreement.--The term ``species
recovery agreement'' means an endangered and threatened
species recovery agreement entered into under
subsection (c).
(b) Endangered and Threatened Species Recovery
Assistance.--
(1) Financial assistance.--The Secretary may
provide financial assistance to any person for
development and implementation of an endangered and
threatened species recovery agreement entered into by
the Secretary and the person under subsection (c).
(2) Priority.--In providing financial assistance
under this subsection, the Secretary shall give
priority to the development and implementation of
species recovery agreements that--
(A) implement actions identified under
recovery plans approved by the Secretary under
section 4(f);
(B) have the greatest potential for
contributing to the recovery of endangered
species, threatened species, or species at
risk;
(C) benefit multiple endangered species,
threatened species, or species at risk;
(D) carry out activities specified in State
or local conservation plans; or
(E) are proposed by small landowners.
(3) Prohibition on assistance for required
activities.--The Secretary shall not provide financial
assistance under this subsection for any activity that
is required--
(A) by a permit issued under section
10(a)(1)(B);
(B) by an incidental taking statement
provided under section 7(b)(4); or
(C) under another provision of this Act,
any other Federal law, or any State law.
(4) Payments under other programs.--
(A) Other payments not affected.--Financial
assistance provided to a person under this
subsection shall be in addition to, and shall
not affect, the total amount of payments that
the person is eligible to receive under--
(i) the conservation reserve
program established under subchapter B
of chapter 1 of subtitle D of title XII
of the Food Security Act of 1985 (16
U.S.C. 3831 et seq.);
(ii) the wetlands reserve program
established under subchapter C of that
chapter (16 U.S.C. 3837 et seq.);
(iii) the environmental quality
incentives program established under
chapter 4 of subtitle D of title XII of
the Food Security Act of 1985 (16
U.S.C. 3839aa et seq.); or
(iv) the Wildlife Habitat Incentive
Program established under section 387
of the Federal Agriculture Improvement
and Reform Act of 1996 (16 U.S.C.
3836a).
(B) Limitation.--A person shall not receive
financial assistance under a species recovery
agreement for any activity for which the person
receives a payment under a program referred to
in subparagraph (A) unless the species recovery
agreement imposes on the person a financial or
management obligation in addition to the
obligations of the person under that program.
(c) Endangered and Threatened Species Recovery
Agreements.--
(1) In general.--In accordance with this
subsection, the Secretary may enter into endangered and
threatened species recovery agreements.
(2) Required terms.--The Secretary shall include in
each species recovery agreement with a person
provisions that--
(A) require the person--
(i) to carry out on real property
owned or leased by the person, or on
Federal or State land, activities (such
as activities that, consistent with
applicable State water law (including
regulations), make water available for
endangered species, threatened species,
or species at risk) that--
(I) are not required by
Federal or State law; and
(II) contribute to the
recovery of an endangered
species, threatened species, or
species at risk; or
(ii) to refrain from carrying out
on real property owned or leased by the
person otherwise lawful activities that
would inhibit the recovery of an
endangered species, threatened species,
or species at risk, such as refraining
from carrying out activities that,
consistent with applicable State water
law (including regulations), directly
reduce the availability of water for
such a species;
(B) describe the real property referred to
in clauses (i) and (ii) of subparagraph (A);
(C) specify species recovery goals for the
species recovery agreement, and activities for
attaining the goals;
(D)(i) require the person to make
demonstrable progress in accomplishing the
species recovery goals; and
(ii) specify a schedule for implementation
of the species recovery agreement;
(E) specify actions to be taken by the
Secretary or the person to monitor the
effectiveness of the species recovery agreement
in attaining the species recovery goals;
(F) require the person to notify the
Secretary if any right or obligation of the
person under the species recovery agreement is
assigned to any other person;
(G) require the person to notify the
Secretary if any term of the species recovery
agreement is breached;
(H) specify the date on which the species
recovery agreement takes effect and the period
of time during which the species recovery
agreement shall remain in effect;
(I) schedule the disbursement of financial
assistance provided under subsection (b) for
implementation of the species recovery
agreement, on an annual or other basis during
the period in which the species recovery
agreement is in effect, based on the schedule
for implementation required under subparagraph
(D)(ii); and
(J) provide that the Secretary shall,
subject to paragraph (4)(C), terminate the
species recovery agreement if the person fails
to carry out the species recovery agreement.
(3) Review and approval of proposed species
recovery agreements.--On submission by any person of a
proposed species recovery agreement under this
subsection, the Secretary shall--
(A) review the proposed species recovery
agreement and determine whether the species
recovery agreement--
(i) complies with this subsection;
and
(ii) will contribute to the
recovery of each endangered species,
threatened species, or species at risk
that is the subject of the proposed
species recovery agreement;
(B) propose to the person any additional
provisions that are necessary for the species
recovery agreement to comply with this
subsection; and
(C) if the Secretary determines that the
species recovery agreement complies with this
subsection, enter into the species recovery
agreement with the person.
(4) Monitoring of implementation of species
recovery agreements.--The Secretary shall--
(A) periodically monitor the implementation
of each species recovery agreement;
(B) based on the information obtained from
the monitoring, annually or otherwise disburse
financial assistance under this section to
implement the species recovery agreement as the
Secretary determines to be appropriate under
the species recovery agreement; and
(C) if the Secretary determines that the
person is not making demonstrable progress in
accomplishing the species recovery goals
specified under paragraph (2)(C)--
(i) propose 1 or more modifications
to the species recovery agreement that
are necessary to accomplish the species
recovery goals; or
(ii) terminate the species recovery
agreement.
(5) Limitation with respect to federal or state
land.--The Secretary may enter into a species recovery
agreement with a person with respect to Federal or
State land only if the United States or the State,
respectively, is a party to the species recovery
agreement.
(d) Allocation of Funds.--Of the amounts made available to
carry out this section for a fiscal year--
(1) 1/3 shall be made available to provide
financial assistance for development and implementation
of species recovery agreements by small landowners,
subject to subparagraphs (A) through (D) of subsection
(b)(2);
(2) 1/3 shall be made available to provide
financial assistance for development and implementation
of species recovery agreements on public land, subject
to subparagraphs (A) through (D) of subsection (b)(2);
and
(3) 1/3 shall be made available to provide
financial assistance for development and implementation
of species recovery agreements, subject to subsection
(b)(2).
(e) Limitation on Administrative Expenses.--Of the amounts
made available to carry out this section for a fiscal year, not
more than 3 percent may be used to pay administrative expenses
incurred in carrying out this section.
repealer
Sec. 14. [Section 14 consists of repeals of provisions of
law.]
authorization of appropriations
Sec. 15. [16 U.S.C. 1542] (a) In General.--Except as
provided in subsection (b), (c), and (d), there are authorized
to be appropriated--
(1) not to exceed $35,000,000 for fiscal year 1988,
$36,500,000 for fiscal year 1989, $38,000,000 for
fiscal year 1990, $39,500,000 for fiscal year 1991, and
$41,500,000 for fiscal year 1992 to enable the
Department of the Interior to carry out such functions
and responsibilities as it may have been given under
this Act;
(2) not to exceed $5,750,000 for fiscal year 1988,
$6,250,000 for each of fiscal years 1989 and 1990, and
$6,750,000 for each of fiscal year 1991 and 1992 to
enable the Department of Commerce to carry out such
functions and responsibilities as it may have been
given under this Act; and
(3) not to exceed $2,200,000 for fiscal year 1988,
$2,400,000 for each of fiscal years 1989 and 1990, and
$2,600,000 for each of fiscal years 1991 and 1992, to
enable the Department of Agriculture to carry out its
functions and responsibilities with respect to the
enforcement of this Act and the Convention which
pertain to the importation or exportation of plants.
(b) Exemptions From Act.--There are authorized to be
appropriated to the Secretary to assist him and the Endangered
Species Committee in carrying out their functions under
sections \1\ 7 (e), (g), and (h) not to exceed $600,000 for
each of fiscal years 1988, 1989, 1990, 1991, and 1992.
---------------------------------------------------------------------------
\1\ So in original. Probably should be ``section''.
---------------------------------------------------------------------------
(c) Convention Implementation.--There are authorized to be
appropriated to the Department of the Interior for purposes of
carrying out section 8A(e) not to exceed $400,000 for each of
fiscal years 1988, 1989, and 1990, and $500,000 for each of
fiscal years 1991 and 1992, and such sums shall remain
available until expended.
(d) Endangered and Threatened Species Recovery
Assistance.--There is authorized to be appropriated to carry
out section 13 $150,000,000 for each of fiscal years 2002
through 2006.
effective date
Sec. 16. [16 U.S.C. 1531 note] This Act shall take effect
on the date of its enactment.
marine mammal protection act of 1972
Sec. 17. [16 U.S.C. 1543] Except as otherwise provided in
this Act, no provision of this Act shall take precedence over
any more restrictive conflicting provision of the Marine Mammal
Protection Act of 1972.
annual cost analysis by the fish and wildlife service
Sec. 18. [16 U.S.C. 1544] Notwithstanding section 3003 of
Public Law 104-66 (31 U.S.C. 1113 note; 109 Stat. 734), on or
before January 15, 1990, and each January 15 thereafter, the
Secretary of the Interior, acting through the Fish and Wildlife
Service, shall submit to the Congress an annual report covering
the preceding fiscal year which shall contain--
(1) an accounting on a species by species basis of
all reasonably unidentifiable Federal expenditures made
primarily for the conservation of endangered or
threatened species pursuant to this Act; and
(2) an accounting on a species by species basis for
all reasonably identifiable expenditures made primarily
for the conservation of endangered or threatened
species pursuant to this Act by states receiving grants
under section 6.
----------
DINGELL-JOHNSON SPORT FISH RESTORATION ACT
[Chapter 658, Approved Aug. 9, 1950, 64 Stat. 430]
[Amended through Public Law 106-408, Nov. 1, 2000]
AN ACT To provide that the United States shall aid the States in fish
restoration and management projects, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, [16 U.S.C.
777] That (a) the Secretary of the Interior \7\ is authorized
and directed to cooperate with the States through their
respective State fish and game departments in fish restoration
and management projects as hereinafter set forth: No money
apportioned under this Act to any State, except as hereinafter
provided, shall be expended therein until its legislature, or
other State agency authorized by the State constitution to make
laws governing the conservation of fish, shall have assented to
the provisions of this Act and shall have passed laws for the
conservation of fish, which shall include a prohibition against
the diversion of license fees paid by fishermen for any other
purpose than the administration of said State fish and game
department, except that, until the final adjournment of the
first regular session of the legislature held after passage of
this Act, the assent of the governor of the State shall be
sufficient. The Secretary of the interior and the State fish
and game department of each State accepting the benefits of
this Act shall agree upon the fish restoration and management
projects to be aided in such State under the terms of this Act,
and all projects shall conform to the standards fixed by the
Secretary of the Interior.
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\7\ Transfer of functions to Secretary of Commerce from Secretary
of the Interior in view of: creation of National Oceanic and
Atmospheric Administration in Department of Commerce and Office of
Administrator of such Administration; abolition of Bureau of Commercial
Fisheries in Department of the Interior and Office of Director of such
Bureau; transfers of functions, including functions formerly vested by
law in Secretary of the Interior or Department of the Interior which
were administered through Bureau of Commercial Fisheries or were
primarily related to such Bureau, exclusive of certain enumerated
functions with respect to Great Lakes fishery research, Missouri River
Reservoir research, Gulf-Breeze Biological Laboratory, and Trans-Alaska
pipeline investigations; and transfer of marine sport fish program of
Bureau of Sport Fisheries and Wildlife by Reorg. Plan No. 4 of 1970,
eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090, set out in the
Appendix to Title 5, Government Organization and Employees.
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(b) Allocation of Amounts by Coastal States Between Marine
Fish Projects and Freshwater Fish Projects.--
(1) In general.--Subject to paragraph (2), each
coastal State, to the extent practicable, shall
equitably allocate amounts apportioned to such State
under this Act between marine fish projects and
freshwater fish projects in the same proportion as the
estimated number of resident marine anglers and the
estimated number of resident freshwater anglers,
respectively, bear to the estimated number of all
resident anglers in that State.
(2) Preservation of freshwater project allocation at
1988 level.--(A) Subject to subparagraph (B), the
amount allocated by a State pursuant to this subsection
to freshwater fish projects for each fiscal year shall
not be less than the amount allocated by such State to
such projects for fiscal year 1988.
(B) Subparagraph (A) shall not apply to a State with
respect to any fiscal year for which the amount
apportioned to the State under this Act is less than
the amount apportioned to the State under this Act for
fiscal year 1988.
(3) Coastal state defined.--As used in this
subsection, the term ``coastal State'' means any one of
the States of Alabama, Alaska, California, Connecticut,
Delaware, Florida, Georgia, Hawaii, Louisiana, Maine,
Maryland, Massachusetts, Mississippi, New Hampshire,
New Jersey, New York, North Carolina, Oregon, Rhode
Island, South Carolina, Texas, Virginia, and
Washington. The term also includes the Commonwealth of
Puerto Rico, the United States Virgin Islands, Guam,
American Samoa, and the Commonwealth of the Northern
Mariana Islands.
Sec. 2. [16 U.S.C. 777a] For purposes of this Act--
(1) the term ``fish restoration and management
projects'' shall be construed to mean projects designed
for the restoration and management of all species of
fish which have material value in connection with sport
or recreation in the marine and/or fresh waters of the
United States and include--
(A) such research into problems of fish
management and culture as may be necessary to
efficient administration affecting fish
resources;
(B) the acquisition of such facts as are
necessary to guide and direct the regulation of
fishing by law, including the extent of the
fish population, the drain on the fish supply
from fishing and/or natural causes, the
necessity of legal regulation of fishing, and
the effects of any measures of regulation that
are applied;
(C) the formulation and adoption of plans
of restocking waters with food and game fishes
according to natural areas or districts to
which such plans are applicable, together with
the acquisition of such facts as are necessary
to the formulation, execution, and testing the
efficacy of such plans;
(D) the selection, restoration,
rehabilitation, and improvement of areas of
water or land adaptable as hatching, feeding,
resting, or breeding places for fish, including
acquisition by purchase, condemnation, lease,
or gift of such areas or estates or interests
therein as are suitable or capable of being
made suitable therefor, and the construction
thereon or therein of such works as may be
necessary to make them available for such
purposes, and such preliminary or incidental
costs and expenses as may be incurred in and
about such works; the term ``State fish and
game department'' shall be construed to mean
and include any department or division of
department of another name, or commission, or
official or officials, of a State empowered
under its laws to exercise the functions
ordinarily exercised by a State fish and game
department;
(2) the term ``outreach and communications
program'' means a program to improve communications
with anglers, boaters, and the general public regarding
angling and boating opportunities, to reduce barriers
to participation in these activities, to advance
adoption of sound fishing and boating practices, to
promote conservation and the responsible use of the
Nation's aquatic resources, and to further safety in
fishing and boating; and
(3) the term ``aquatic resource education program''
means a program designed to enhance the public's
understanding of aquatic resources and sportfishing,
and to promote the development of responsible attitudes
and ethics toward the aquatic environment.
Sec. 3. [16 U.S.C. 777b] To carry out the provisions of
this Act for fiscal years after September 30, 1984, there are
authorized to be appropriated from the Sport Fish Restoration
Account established by section 9504(a) of the Internal Revenue
Code of 1986 the amounts paid, transferred, or otherwise
credited to that Account. \8\ For purposes of the provision of
the Act of August 31, 1951, which refers to this section, such
amounts shall be treated as the amounts that are equal to the
revenues described in this section. The appropriation made
under the provisions of this section for each fiscal year shall
continue available during the succeeding fiscal year. So much
of such appropriation apportioned to any State for any fiscal
year as remains unexpended at the close thereof is authorized
to be made available for expenditure in that State until the
close of the succeeding fiscal year. Any amount apportioned to
any State under the provisions of this Act which is unexpended
or unobligated at the end of the period during which it is
available for expenditure on any project is authorized to be
made available for expenditure by the Secretary of the Interior
in carrying on the research program of the Fish and Wildlife
Service in respect to fish of material value for sport and
recreation.
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\8\ The Act of August 31, 1951 (Chapter 375; 65 Stat. 261) in title
I under the heading Fish and Wildlife Service, provides:
For carrying out the provisions of the Act of August 9, 1950
(Public Law 681), amounts equal to the revenues described in section 3
of said Act and credited during the next preceding fiscal year and each
fiscal year thereafter, to remain available until expended.
Sec. 4. [16 U.S.C. 777c] (a) The Secretary of the Interior
shall distribute 18 per centum of each annual appropriation
made in accordance with the provisions of section 3 of this Act
as provided in the Coastal Wetlands Planning, Protection, \9\
and Restoration Act (title III, Public Law 101-646).
Notwithstanding the provisions of section 3 of this Act, such
sums shall remain available to carry out such Act through
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fiscal year 2009.
\9\ Transfer of functions to Secretary of Commerce from Secretary
of the Interior by Reorg. Plan No. 4 of 1970, eff. Oct. 3, 1970, 35
F.R. 15627, 84 Stat. 2090, see note set out under section 777 of this
title.
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(b) Use of Balance After Distribution.--
(1) Fiscal year 1998.--In fiscal year 1998, an
amount equal to $20,000,000 of the balance remaining
after the distribution under subsection (a) shall be
transferred to the Secretary of Transportation and
shall be expended for State recreational boating safety
programs under section 13106(a)(1) of title 46, United
States Code.
(2) Fiscal year 1999.--For fiscal year 1999, of the
balance of each annual appropriation remaining after
making the distribution under subsection (a), an amount
equal to $74,000,000, reduced by 82 percent of the
amount appropriated for that fiscal year from the Boat
Safety Account of the Aquatic Resources Trust Fund
established by section 9504 of the Internal Revenue
Code of 1986 to carry out the purposes of section
13106(a) of title 46, United States Code, shall be used
as follows:
(A) $10,000,000 shall be available to the
Secretary of the Interior for 3 fiscal years
for obligation for qualified projects under
section 5604(c) of the Clean Vessel Act of 1992
(33 U.S.C. 1322 note).
(B) The balance remaining after the
application of subparagraph (A) shall be
transferred to the Secretary of Transportation
and shall be expended for State recreational
boating safety programs under section 13106 of
title 46, United States Code.
(3) Fiscal years 2000-2003.--For each of fiscal
years 2000 through 2003, of the balance of each annual
appropriation remaining after making the distribution
under subsection (a), an amount equal to $82,000,000,
reduced by 82 percent of the amount appropriated for
that fiscal year from the Boat Safety Account of the
Aquatic Resources Trust Fund established by section
9504 of the Internal Revenue Code of 1986 to carry out
the purposes of section 13106(a) of title 46, United
States Code, shall be used as follows:
(A) $10,000,000 shall be available for each
fiscal year to the Secretary of the Interior
for 3 fiscal years for obligation for qualified
projects under section 5604(c) of the Clean
Vessel Act of 1992 (33 U.S.C. 1322 note).
(B) $8,000,000 shall be available for each
fiscal year to the Secretary of the Interior
for 3 fiscal years for obligation for qualified
projects under section 7404(d) of the
Sportfishing and Boating Safety Act of 1998.
(C) The balance remaining after the
application of subparagraphs (A) and (B) shall
be transferred for each such fiscal year to the
Secretary of Transportation and shall be
expended for State recreational boating safety
programs under section 13106 of title 46,
United States Code.
(4) Transfer of certain funds.--Amounts available
under subparagraph (A) of paragraph (2) and
subparagraphs (A) and (B) of paragraph (3) that are
unobligated by the Secretary of the Interior after 3
fiscal years shall be transferred to the Secretary of
Transportation and shall be expended for State
recreational boating safety programs under section
13106(a) of title 46, United States Code.
(c) National Outreach and Communications Program.--Of the
balance of each such annual appropriation remaining after
making the distribution under subsections (a) and (b),
respectively, an amount equal to--
(1) $5,000,000 for fiscal year 1999;
(2) $6,000,000 for fiscal year 2000;
(3) $7,000,000 for fiscal year 2001;
(4) $8,000,000 for fiscal year 2002; and
(5) $10,000,000 for fiscal year 2003;
shall be used for the National Outreach and Communications
Program under section 8(d). Such amounts shall remain available
for 3 fiscal years, after which any portion thereof that is
unobligated by the Secretary of the Interior for that program
may be expended by the Secretary under subsection (e).
(d) Set-Aside for Expenses for Administration of the
Dingell-Johnson Sport Fish Restoration Act.--
(1) In general.--
(A) Set-aside.--For fiscal year 2001 and
each fiscal year thereafter, of the balance of
each such annual appropriation remaining after
the distribution and use under subsections (a),
(b), and (c) and section 14, the Secretary of
the Interior may use not more than the
available amount specified in subparagraph (B)
for the fiscal year for expenses for
administration incurred in implementation of
this Act, in accordance with this subsection
and section 9.
(B) Available amounts.--The available
amount referred to in subparagraph (A) is--
(i) for each of fiscal years 2001
and 2002, $9,000,000;
(ii) for fiscal year 2003,
$8,212,000; and
(iii) for fiscal year 2004 and each
fiscal year thereafter, the sum of--
(I) the available amount
for the preceding fiscal year;
and
(II) the amount determined
by multiplying--
(aa) the available
amount for the
preceding fiscal year;
and
(bb) the change,
relative to the
preceding fiscal year,
in the Consumer Price
Index for All Urban
Consumers published by
the Department of
Labor.
(2) Period of availability; apportionment of
unobligated amounts.--
(A) Period of availability.--For each
fiscal year, the available amount under
paragraph (1) shall remain available for
obligation for use under that paragraph until
the end of the fiscal year.
(B) Apportionment of unobligated amounts.--
Not later than 60 days after the end of a
fiscal year, the Secretary of the Interior
shall apportion among the States any of the
available amount under paragraph (1) that
remains unobligated at the end of the fiscal
year, on the same basis and in the same manner
as other amounts made available under this Act
are apportioned among the States under
subsection (e) for the fiscal year.
(e) The Secretary of the Interior, after the distribution,
transfer, use, and deduction under subsections (a), (b), (c),
and (d), respectively, and after deducting amounts used for
grants under section 14, shall apportion the remainder of each
such annual appropriation among the several States in the
following manner: 40 per centum in the ratio which the area of
each State including coastal and Great Lakes waters (as
determined by the Secretary of the Interior) bears to the total
area of all the States, and 60 per centum in the ratio which
the number of persons holding paid licenses to fish for sport
or recreation in the State in the second fiscal year preceding
the fiscal year for which such apportionment is made, as
certified to said Secretary by the State fish and game
departments, bears to the number of such persons in all the
States. Such apportionments shall be adjusted equitably so that
no State shall receive less than 1 per centum nor more than 5
per centum of the total amount apportioned. Where the
apportionment to any State under this section is less than
$4,500 annually, the Secretary of the Interior may allocate not
more than $4,500 of said appropriation to said State to carry
out the purposes of this Act when said State certifies to the
Secretary of the Interior that it has set aside not less than
$1,500 from its fish-and-game funds or has made, through its
legislature, an appropriation in this amount for said purposes.
(f) So much of any sum not allocated under the provisions
of this section for any fiscal year is hereby authorized to be
made available for expenditure to carry out the purposes of
this Act until the close of the succeeding fiscal year. The
term fiscal year as used in this section shall be a period of
twelve consecutive months from October 1 through the succeeding
September 30, except that the period for enumeration of persons
holding licenses to fish shall be a State's fiscal or license
year.
(g) Expenses for Administration of Certain Programs.--
(1) In general.--For each fiscal year, of the
amounts appropriated under section 3, the Secretary of
the Interior shall use only funds authorized for use
under subsections (a), (b)(3)(A), (b)(3)(B), and (c) to
pay the expenses for administration incurred in
carrying out the provisions of law referred to in those
subsections, respectively.
(2) Maximum amount.--For each fiscal year, the
Secretary of the Interior may use not more than
$900,000 in accordance with paragraph (1).
Sec. 5. [16 U.S.C. 777d] For each fiscal year beginning
with the fiscal year ending June 30, 1951, the Secretary of the
Interior shall certify, at the time at which a deduction or
apportionment is made, to the Secretary of the Treasury, and to
each State fish and game department, the sum which he has
estimated to be deducted for administering this Act and the sum
which he has apportioned to each State for such fiscal year.
Sec. 6. [16 U.S.C. 777e] (a) Any State desiring to avail
itself of the benefits of this Act shall, by its State fish and
game department, submit programs or projects for fish
restoration in either of the following two ways:
(1) The State shall prepare and submit to the Secretary of
the Interior a comprehensive fish and wildlife resource
management plan which shall insure the perpetuation of these
resources for the economic, scientific, and recreational
enrichment of the people. Such plan shall be for a period of
not less than five years and be based on projections of desires
and needs of the people for a period of not less than fifteen
years. It shall include provisions for updating at intervals of
not more than three years and be provided in a format as may be
required by the Secretary of the Interior. If the Secretary of
the Interior finds that such plans conform to standards
established by him and approves such plans, he may finance up
to 75 per centum of the cost of implementing segments of those
plans meeting the purposes of this Act from funds apportioned
under this Act upon this approval of an annual agreement
submitted to him.
(2) A State may elect to avail itself of the benefits of
this Act by its State fish and game department submitting to
the Secretary of the Interior full and detailed statements of
any fish restoration and management project proposed for that
State. If the Secretary of the Interior finds that such project
meets with the standards set by him and approves said project,
the State fish and game department shall furnish to him such
surveys, plans, specifications, and estimates therefor as he
may require. If the Secretary of the interior approves the
plans, specifications, and estimates for the project, he shall
notify the State fish and game department and immediately set
aside so much of said appropriation as represents the share of
the United States payable under this Act on account of such
project, which sum so set aside shall not exceed 75 per centum
of the total estimated cost thereof.
The Secretary of the Interior shall approve only such
comprehensive plans or projects as may be substantial in
character and design and the expenditure of funds hereby
authorized shall be applied only to such approved comprehensive
fishery plan or projects and if otherwise applied they shall be
replaced by the State before it may participate in any further
apportionment under this Act. No payment of any money
apportioned under this Act shall be made on any comprehensive
fishery plan or project until an agreement to participate
therein shall have been submitted to and approved by the
Secretary of the Interior.
(b) If the State elects to avail itself of the benefits of
this Act by preparing a comprehensive fish and wildlife plan
under option (1) of subsection (a) of this section, then the
term ``project'' may be defined for the purpose of this Act as
a fishery program, all other definitions notwithstanding.
(c) Administrative costs in the form of overhead or
indirect costs for services provided by State central service
activities outside of the State fish and game department
charged against programs or projects supported by funds made
available under this Act shall not exceed in any one fiscal
year 3 per centum of the annual apportionment to the State.
(d) The Secretary of the Interior may enter into agreements
to finance up to 75 per centum of the initial costs of the
acquisition of lands or interests therein and the construction
of structures or facilities for \10\ appropriations currently
available for the purposes of this Act; and to agree to finance
up to 75 per centum of the remaining costs over such a period
of time as the Secretary may consider necessary. The liability
of the United States in any such agreement is contingent upon
the continued availability of funds for the purposes of this
Act.
---------------------------------------------------------------------------
\10\ So in original. Probably should be ``from''.
Sec. 7. [16 U.S.C. 777f] (a) When the Secretary of the
Interior shall find that any project approved by him has been
completed or, if involving research relating to fish, is being
conducted, in compliance with said plans and specifications, he
shall cause to be paid to the proper authority of said State
the amount set aside for said project. The Secretary of the
Interior may, in his discretion, from time to time, make
payments on said project as the same progresses; but these
payments, including previous payments, if any, shall not be
more than the United States' pro rata share of the project in
conformity with said plans and specifications. If a State has
elected to avail itself of the benefits of this Act by
preparing a comprehensive fish and wildlife plan as provided
for under option (1) of subsection (a) of section 6 of this
Act, and this plan has been approved by the Secretary of the
Interior, then the Secretary may, in his discretion, and under
such rules and regulations, as he may prescribe, advance funds
to the State for financing the United States' pro rata share
agreed upon between the State fish and game department and the
Secretary.
(b) Any construction work and labor in each State shall be
performed in accordance with its laws and under the direct
supervision of the State fish and game department, subject to
the inspection and approval of the Secretary of the Interior
and in accordance with the rules and regulations made pursuant
to this Act. The Secretary of the Interior and the State fish
and game department of each State may jointly determine at what
times and in what amounts payments shall be made under this
Act. Such payments shall be made against the said appropriation
to such official or officials, or depository, as may be
designated by the State fish and game department and authorized
under the laws of the State to receive public funds of the
State.
Sec. 8. [16 U.S.C. 777g] (a) To maintain fish-restoration
and management projects established under the provisions of
this Act shall be the duty of the States according to their
respective laws. Beginning July 1, 1953, maintenance of
projects heretofore completed under the provisions of this Act
may be considered as projects under this Act. Title to any real
or personal property acquired by any State, and to improvements
placed on State-owned lands through the use of funds paid to
the State under the provisions of this Act, shall be vested in
such State.
(b)(1) Each State shall allocate 15 percent of the funds
apportioned to it for each fiscal year under section 4 of this
Act for the payment of up to 75 per centum of the costs of the
acquisition, development, renovation, or improvement of
facilities (and auxiliary facilities necessary to insure the
safe use of such facilities) that create, or add to, public
access to the waters of the United States to improve the
suitability of such waters for recreational boating purposes.
Notwithstanding this provision, States within a United States
Fish and Wildlife Service Administrative Region may allocate
more or less than 15 percent in a fiscal year, provided that
the total regional allocation averages 15 percent over a 5 year
period.
(2) So much of the funds that are allocated by a State
under paragraph (1) in any fiscal year that remained unexpended
or unobligated at the close of such year are authorized to be
made available for the purposes described in paragraph (1)
during the succeeding four fiscal years, but any portion of
such funds that remain unexpended or unobligated at the close
of such period are authorized to be made available for
expenditure by the Secretary of the Interior in carrying out
the research program of the Fish and Wildlife Service in
respect to fish of material value for sport or recreation.
(c) Each State may use not to exceed 15 percent of the
funds apportioned to it under section 4 of this Act to pay up
to 75 per centum of the costs of an aquatic resource education
and outreach and communications program for the purpose of
increasing public understanding of the Nation's water resources
and associated aquatic life forms. The non-Federal share of
such costs may not be derived from other Federal grant
programs. The Secretary shall issue not later than the one
hundred and twentieth day after the effective date of this
subsection such regulations as he deems advisable regarding the
criteria for such programs.
(d) National Outreach and Communications Program.--
(1) Implementation.--Within 1 year after the date
of enactment of the Sportfishing and Boating Safety Act
of 1998, the Secretary of the Interior shall develop
and implement, in cooperation and consultation with the
Sport Fishing and Boating Partnership Council, a
national plan for outreach and communications.
(2) Content.--The plan shall provide--
(A) guidance, including guidance on the
development of an administrative process and
funding priorities, for outreach and
communications programs; and
(B) for the establishment of a national
program.
(3) Secretary may match or fund programs.--Under
the plan, the Secretary may obligate amounts available
under subsection (c) or (d) of section 4 of this Act--
(A) to make grants to any State or private
entity to pay all or any portion of the cost of
carrying out any outreach and communications
program under the plan; or
(B) to fund contracts with States or
private entities to carry out such a program.
(4) Review.--The plan shall be reviewed
periodically, but not less frequently than once every 3
years.
(e) State Outreach and Communications Program.--Within 12
months after the completion of the national plan under
subsection (d)(1), a State shall develop a plan for an outreach
and communications program and submit it to the Secretary. In
developing the plan, a State shall--
(1) review the national plan developed under
subsection (d);
(2) consult with anglers, boaters, the sportfishing
and boating industries, and the general public; and
(3) establish priorities for the State outreach and
communications program proposed for implementation.
(f) Pumpout Stations and Waste Reception Facilities.--
Amounts apportioned to States under section 4 of this Act may
be used to pay not more than 75 percent of the costs of
constructing, renovating, operating, or maintaining pumpout
stations and waste reception facilities (as those terms are
defined in the Clean Vessel Act of 1992).
(g) Surveys.--
(1) National framework.--Within 6 months after the
date of enactment of the Sportfishing and Boating
Safety Act of 1998, the Secretary, in consultation with
the States, shall adopt a national framework for a
public boat access needs assessment which may be used
by States to conduct surveys to determine the adequacy,
number, location, and quality of facilities providing
access to recreational waters for all sizes of
recreational boats.
(2) State surveys.--Within 18 months after such
date of enactment, each State that agrees to conduct a
public boat access needs survey following the
recommended national framework shall report its
findings to the Secretary for use in the development of
a comprehensive national assessment of recreational
boat access needs and facilities.
(3) Exception.--Paragraph (2) does not apply to a
State if, within 18 months after such date of
enactment, the Secretary certifies that the State has
developed and is implementing a plan that ensures there
are and will be public boat access adequate to meet the
needs of recreational boaters on its waters.
(4) Funding.--A State that conducts a public boat
access needs survey under paragraph (2) may fund the
costs of conducting that assessment out of amounts
allocated to it as funding dedicated to motorboat
access to recreational waters under subsection (b)(1)
of this section.
SEC. 9. [16 U.S.C. 777H] REQUIREMENTS AND RESTRICTIONS CONCERNING USE
OF AMOUNTS FOR EXPENSES FOR ADMINISTRATION.
(a) Authorized Expenses for Administration.--Except as
provided in subsection (b), the Secretary of the Interior may
use available amounts under section 4(d)(1) only for expenses
for administration that directly support the implementation of
this Act that consist of--
(1) personnel costs of employees who directly
administer this Act on a full-time basis;
(2) personnel costs of employees who directly
administer this Act on a part-time basis for at least
20 hours each week, not to exceed the portion of those
costs incurred with respect to the work hours of the
employee during which the employee directly administers
this Act, as those hours are certified by the
supervisor of the employee;
(3) support costs directly associated with
personnel costs authorized under paragraphs (1) and
(2), excluding costs associated with staffing and
operation of regional offices of the United States Fish
and Wildlife Service and the Department of the Interior
other than for the purposes of this Act;
(4) costs of determining under section 6(a) whether
State comprehensive plans and projects are substantial
in character and design;
(5) overhead costs, including the costs of general
administrative services, that are directly attributable
to administration of this Act and are based on--
(A) actual costs, as determined by a direct
cost allocation methodology approved by the
Director of the Office of Management and Budget
for use by Federal agencies; and
(B) in the case of costs that are not
determinable under subparagraph (A), an amount
per full-time equivalent employee authorized
under paragraphs (1) and (2) that does not
exceed the amount charged or assessed for costs
per full-time equivalent employee for any other
division or program of the United States Fish
and Wildlife Service;
(6) costs incurred in auditing, every 5 years, the
wildlife and sport fish activities of each State fish
and game department and the use of funds under section
6 by each State fish and game department;
(7) costs of audits under subsection (d);
(8) costs of necessary training of Federal and
State full-time personnel who administer this Act to
improve administration of this Act;
(9) costs of travel to States, territories, and
Canada by personnel who--
(A) administer this Act on a full-time
basis for purposes directly related to
administration of State programs or projects;
or
(B) administer grants under section 6 or
14;
(10) costs of travel outside the United States
(except travel to Canada), by personnel who administer
this Act on a full-time basis, for purposes that
directly relate to administration of this Act and that
are approved directly by the Assistant Secretary for
Fish and Wildlife and Parks;
(11) relocation expenses for personnel who, after
relocation, will administer this Act on a full-time
basis for at least 1 year, as certified by the Director
of the United States Fish and Wildlife Service at the
time at which the relocation expenses are incurred; and
(12) costs to audit, evaluate, approve, disapprove,
and advise concerning grants under sections 6 and 14.
(b) Reporting of Other Uses.--
(1) In general.--Subject to paragraph (2), if the
Secretary of the Interior determines that available
amounts under section 4(d)(1) should be used for an
expense for administration other than an expense for
administration described in subsection (a), the
Secretary--
(A) shall submit to the Committee on
Environment and Public Works of the Senate and
the Committee on Resources of the House of
Representatives a report describing the expense
for administration and stating the amount of
the expense; and
(B) may use any such available amounts for
the expense for administration only after the
end of the 30-day period beginning on the date
of submission of the report under subparagraph
(A).
(2) Maximum amount.--For any fiscal year, the
Secretary of the Interior may use under paragraph (1)
not more than $25,000.
(c) Restriction on Use To Supplement General
Appropriations.--The Secretary of the Interior shall not use
available amounts under subsection (b) to supplement the
funding of any function for which general appropriations are
made for the United States Fish and Wildlife Service or any
other entity of the Department of the Interior.
(d) Audit Requirement.--
(1) In general.--The Inspector General of the
Department of the Interior shall procure the
performance of biennial audits, in accordance with
generally accepted accounting principles, of
expenditures and obligations of amounts used by the
Secretary of the Interior for expenses for
administration incurred in implementation of this Act.
(2) Auditor.--
(A) In general.--An audit under this
subsection shall be performed under a contract
that is awarded under competitive procedures
(as defined in section 4 of the Office of
Federal Procurement Policy Act (41 U.S.C. 403))
by a person or entity that is not associated in
any way with the Department of the Interior
(except by way of a contract for the
performance of an audit or other review).
(B) Supervision of auditor.--The auditor
selected under subparagraph (A) shall report
to, and be supervised by, the Inspector General
of the Department of the Interior, except that
the auditor shall submit a copy of the biennial
audit findings to the Secretary of the Interior
at the time at which the findings are submitted
to the Inspector General of the Department of
the Interior.
(3) Report to congress.--The Inspector General of
the Department of the Interior shall promptly submit to
the Committee on Resources of the House of
Representatives and the Committee on Environment and
Public Works of the Senate--
(A) a report on the results of each audit
under this subsection; and
(B) a copy of each audit under this
subsection.
Sec. 10. [16 U.S.C. 777i] The Secretary of the Interior is
authorized to make rules and regulations for carrying out the
provisions of this Act.
[SEC. 11. REPEALED, PUBLIC LAW 89-348 (79 STAT. 1311).]
Sec. 12. [16 U.S.C. 777k] The Secretary of the Interior is
authorized to cooperate with the Secretary of Agriculture of
Puerto Rico, the Mayor of the District of Columbia, the
Governor of Guam, the Governor of American Samoa, the Governor
of the Commonwealth of the Northern Mariana Islands, and the
Governor of the Virgin Islands, in the conduct of fish
restoration and management projects as defined in section 2 of
this Act, upon such terms and conditions as he shall deem fair,
just, and equitable, and is authorized to apportion to Puerto
Rico, the District of Columbia, Guam, American Samoa, the
Commonwealth of the Northern Mariana Islands, and the Virgin
Islands, out of money available for apportionment under this
Act, such sums as he shall determine, not exceeding for Puerto
Rico 1 per centum, for the District of Columbia one-third of 1
per centum, for Guam one-third of 1 per centum, for American
Samoa one-third of 1 per centum, for the Commonwealth of the
Northern Mariana Islands one-third of 1 per centum, and for the
Virgin Islands one-third of 1 per centum of the total amount
apportioned in any one year, but the Secretary shall in no
event require any of said cooperating agencies to pay an amount
which will exceed 25 per centum of the cost of any project. Any
unexpended or unobligated balance of any apportionment made
pursuant to this section shall be made available for
expenditure in Puerto Rico, the District of Columbia, Guam, the
Commonwealth of the Northern Mariana Islands, or the Virgin
Islands, as the case may be, in the succeeding year, on any
approved projects, and if unexpended or unobligated at the end
of such year is authorized to be made available for expenditure
by the Secretary of the Interior in carrying on the research
program of the Fish and Wildlife Service in respect to fish of
material value for sport or recreation.
SEC. 13. [16 U.S.C. 777L] STATE USE OF CONTRIBUTIONS.
A State may use contributions of funds, real property,
materials, and services to carry out an activity under this Act
in lieu of payment by the State of the State share of the cost
of such activity. Such a State share shall be considered to be
paid in an amount equal to the fair market value of any
contribution so used.
SEC. 14. [16 U.S.C. 777M] MULTISTATE CONSERVATION GRANT PROGRAM.
(a) In General.--
(1) Amount for grants.--Of the balance of each
annual appropriation made under section 3 remaining
after the distribution and use under subsections (a),
(b), and (c) of section 4 in a fiscal year, not more
than $3,000,000 shall be available to the Secretary of
the Interior for making multistate conservation project
grants in accordance with this section.
(2) Period of availability; apportionment.--
(A) Period of availability.--Amounts made
available under paragraph (1) shall remain
available for making grants only for the first
fiscal year for which the amount is made
available and the following fiscal year.
(B) Apportionment.--At the end of the
period of availability under subparagraph (A),
the Secretary of the Interior shall apportion
any amounts that remain available among the
States in the manner specified in section 4(e)
for use by the States in the same manner as
funds apportioned under section 4(e).
(b) Selection of Projects.--
(1) States or entities to be benefited.--A project
shall not be eligible for a grant under this section
unless the project will benefit--
(A) at least 26 States;
(B) a majority of the States in a region of
the United States Fish and Wildlife Service; or
(C) a regional association of State fish
and game departments.
(2) Use of submitted priority list of projects.--
The Secretary of the Interior may make grants under
this section only for projects identified on a priority
list of sport fish restoration projects described in
paragraph (3).
(3) Priority list of projects.--A priority list
referred to in paragraph (2) is a priority list of
sport fish restoration projects that the International
Association of Fish and Wildlife Agencies--
(A) prepares through a committee comprised
of the heads of State fish and game departments
(or their designees), in consultation with--
(i) nongovernmental organizations
that represent conservation
organizations;
(ii) sportsmen organizations; and
(iii) industries that fund the
sport fish restoration programs under
this Act;
(B) approves by vote of a majority of the
heads of State fish and game departments (or
their designees); and
(C) not later than October 1 of each fiscal
year, submits to the Assistant Director for
Wildlife and Sport Fish Restoration Programs.
(4) Publication.--The Assistant Director for
Wildlife and Sport Fish Restoration Programs shall
publish in the Federal Register each priority list
submitted under paragraph (3)(C).
(c) Eligible Grantees.--
(1) In general.--The Secretary of the Interior may
make a grant under this section only to--
(A) a State or group of States;
(B) the United States Fish and Wildlife
Service, or a State or group of States, for the
purpose of carrying out the National Survey of
Fishing, Hunting, and Wildlife-Associated
Recreation; and
(C) subject to paragraph (2), a
nongovernmental organization.
(2) Nongovernmental organizations.--
(A) In general.--Any nongovernmental
organization that applies for a grant under
this section shall submit with the application
to the International Association of Fish and
Wildlife Agencies a certification that the
organization--
(i) will not use the grant funds to
fund, in whole or in part, any activity
of the organization that promotes or
encourages opposition to the regulated
taking of fish; and
(ii) will use the grant funds in
compliance with subsection (d).
(B) Penalties for certain activities.--Any
nongovernmental organization that is found to
use grant funds in violation of subparagraph
(A) shall return all funds received under this
section and be subject to any other applicable
penalties under law.
(d) Use of Grants.--A grant under this section shall not be
used, in whole or in part, for an activity, project, or program
that promotes or encourages opposition to the regulated taking
of fish.
(e) Funding for Other Activities.--Of the balance of each
annual appropriation made under section 3 remaining after the
distribution and use under subsections (a), (b), and (c) of
section 4 for each fiscal year and after deducting amounts used
for grants under subsection (a)--
(1) $200,000 shall be made available for each of--
(A) the Atlantic States Marine Fisheries
Commission;
(B) the Gulf States Marine Fisheries
Commission;
(C) the Pacific States Marine Fisheries
Commission; and
(D) the Great Lakes Fisheries Commission;
and
(2) $400,000 shall be made available for the Sport
Fishing and Boating Partnership Council established by
the United States Fish and Wildlife Service.
(f) Nonapplicability of Federal Advisory Committee Act.--
The Federal Advisory Committee Act (5 U.S.C. App.) shall not
apply to any activity carried out under this section.
SEC. 15. NONAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT.
Coordination with State fish and game department personnel
or with personnel of any other State agency under this Act
shall not be subject to the Federal Advisory Committee Act (5
U.S.C. App.).
SEC. [15.] 16. [16 U.S.C. 777 NOTE] SHORT TITLE.
This Act may be cited as the ``Dingell-Johnson Sport Fish
Restoration Act''.
----------
[Public Law 102-587]
AN ACT to provide Congressional approval of a Governing International
Fishery Agreement, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Oceans Act of 1992''.
* * * * * * *
This Title may be cited as the ``Partnerships for Wildlife Act''.
SEC. 7102. FINDINGS.
The Congress finds the following:
(1) Three-fourths of all American children and
adults participate in wildlife-related recreational
activities other than hunting, fishing and trapping.
(2) In 1985, Americans spent over $14 billion on
non-consumptive wildlife-related recreation.
(3) The United States and Canada are inhabited by
approximately two thousand six hundred vertebrate
species of native fish and wildlife, which have
provided food, clothing, and other essentials to a
rapidly expanding human population.
(4) Over 80 percent of vertebrate fish and wildlife
species in North America are not harvested for human
use.
(5) The continued well-being of this once-abundant
fish and wildlife resource, and even the very existence
of many species, is in peril.
(6) In 1967, the United States Fish and Wildlife
Service reported that forty-five common migratory bird
species, which are not hunted, had exhibited
significant declines in abundance, and that thirteen of
these species have experienced widespread, systematic
declines of 46.9 percent during a twenty-year study
period.
(7) There have been nationwide declines in frogs
and other amphibians.
(8) Over two hundred and seventy-five of vertebrate
fish and wildlife species in the United States are now
officially classified as threatened or endangered by
the Federal Government.
(9) During the past decade, fish and wildlife
species, including invertebrates, were added to the
rapidly growing list of threatened and endangered
species in North America at the average rate of over
one per month.
(10) Currently, eighty-two species of invertebrates
in the United States are listed as threatened or
endangered under the Endangered Species Act, and
another nine hundred and fifty-one United States
invertebrate species are candidates for listing under
that Act.
(11) Proper management of fish and wildlife, before
species become threatened or endangered with
extinction, is the key to reversing the increasingly
desperate status of fish and wildlife.
(12) Proper fish and wildlife conservation includes
not only management of fish and wildlife species taken
for recreation and protection of endangered and
threatened species, but also management of the vast
majority of species which fall into neither category.
(13) Partnerships in fish and wildlife
conservation, such as the Federal Aid in Wildlife
Restoration Program, the Federal Aid in Sport Fish
Restoration Program, and the North American Wetlands
Conservation Act have benefitted greatly the
conservation of fish and wildlife and their habitats.
(14) A program that encourages partnerships among
Federal and State governments and private entities to
carry out wildlife conservation and appreciation
projects would benefit all species of fish and wildlife
through such activities as management, research, and
interagency coordination.
(15) Many States, which are experiencing declining
revenues, are finding it increasingly difficult to
carry out projects to conserve the entire array of
diverse fish and wildlife species and to provide
opportunities for the public to associate with, enjoy,
and appreciate fish and wildlife through nonconsumptive
activities.
SEC. 7103 PURPOSES.
The purposes of this title are to establish a partnership
among the United States Fish and Wildlife Service, designated
State agencies, and private organizations and individuals--
(1) to carry out wildlife conservation and
appreciation projects to conserve the entire array of
diverse fish and wildlife species in the United States
and to provide opportunities for the public to use and
enjoy these fish and wildlife species through
nonconsumptive activities;
(2) to enable designated State agencies to respond
more fully and utilize their statutory and
administrative authorities by carrying out wildlife
conservation and appreciation projects; and
(3) to encourage private donations, under the
leadership of the National Fish and Wildlife
Foundation, to carry out wildlife conservation and
appreciation projects.
SEC. 7104. DEFINITIONS.
As used in this title--
(1) The terms ``conserve'' and ``conservation''
mean to use, and the use of, such methods and
procedures which are necessary to ensure, to the
maximum extent practicable, the well being and
enhancement of fish and wildlife and their habitats for
the educational, aesthetic, cultural, recreational,
scientific, and ecological enrichment of the public.
Such methods and procedures may include, but are not
limited to, any activity associated with scientific
resources management, such as research, census, law
enforcement, habitat acquisition, maintenance,
development, information, education, population
manipulation, propagation, technical assistance to
private landowners, live trapping, and transplantation.
(2) The term ``designated State agency'' means the
State fish and wildlife agency, which shall be
construed to mean any department, or any division of
any department of another name, of a State that is
empowered under its laws to exercise the functions
ordinarily exercised by a State fish and wildlife
agency.
(3) The term ``fish and wildlife'' means wild
members of the animal kingdom that are in an unconfined
state.
(4) The term ``Fund'' means the Wildlife
Conservation and Appreciation Fund established under
section 5(f) of this Act.
(5) The term ``National Fish and Wildlife
Foundation'' means the charitable and nonprofit
corporation established under section 2 of the National
Fish and Wildlife Foundation Establishment Act (16
U.S.C. 3701).
(6) The term ``nonconsumptive activities'' means
fish and wildlife associated activities other than
harvesting of fish and wildlife and includes, but is
not limited to, photographing, observing, learning
about, or associating with, fish and wildlife.
(7) The term ``Secretary'' means the Secretary of
the Interior, acting through the Director of the United
States Fish and Wildlife Service.
(8) The term ``wildlife conservation and
appreciation project'' means a project which is
directed toward nonconsumptive activities or toward the
conservation of those species of fish and wildlife
that--
2 (A) are not ordinarily taken for
recreation, fur, or food; except that if under
applicable State law, any fish and wildlife may
be taken for recreation, fur, or food in some
but not all, areas of the State, a wildlife
conservation and appreciation project may be
directed toward the conservation of any of such
fish and wildlife within any area of the State
in which such taking is not permitted.
(B) are not listed as endangered species or
threatened species under the Endangered Species
Act of 1973, as amended (16 U.S.C. 1531-1543);
and
(C) are not marine mammals within the
meaning of section 3(5) of the Marine Mammal
Protection Act of 1972, as amended (16 U.S.C.
1362(5)).
SEC. 7105. WILDLIFE PARTNERSHIP PROGRAM.
(a) In general.--The Secretary shall provide the amounts
available in the Fund to designated State agencies on a
matching basis to assist in carrying out wildlife conservation
and appreciation projects that are eligible under subsection
(b) of this section.
(b) Eligible projects.--The following wildlife conservation
and appreciation projects shall be eligible for matching funds
from the Fund:
(1) inventory of fish and wildlife species;
(2) determination and monitoring of the size, range
and distribution of populations of fish and wildlife
species;
(3) identification of the extent, condition, and
location of the significant habitats of fish and
wildlife species;
(4) identification of the significant problems that
may adversely affect fish and wildlife species and
their significant habitats;
(5) actions to conserve fish and wildlife species
and their habitats; and
(6) actions of which the principal purpose is to
provide opportunities for the public to use and enjoy
fish and wildlife through nonconsumptive activities.
(c) Project standards.--The Secretary shall not provide
funding to carry out an eligible wildlife conservation and
appreciation project unless the Secretary determines that such
a project--
(1) is planned adequately to accomplish the stated
objective or objectives;
(2) utilizes accepted fish and wildlife management
principles, sound design and appropriate procedures;
(3) will yield benefits pertinent to the identified
need at a level commensurate with project costs;
(4) provides for the tracking of costs and
accomplishments related to the project;
(5) provides for monitoring, evaluating, and
reporting of the accomplishment of project objectives;
and
(6) complies with all applicable Federal
environmental laws and regulations.
(d) Limitations on federal payment.--The amount of
appropriated Federal funds provided from the Fund by the
Secretary to any designated State Agency with respect to any
fiscal year to carry out an eligible wildlife conservation and
appreciation project under this section--
(1) may not exceed $250,000;
(2) may not exceed one third of the total project
cost for that fiscal year;
(3) may not exceed 40 percent of the total project
cost for that fiscal year if designated State agencies
from two or more States cooperate in implementing such
a project;
(4) may not be used to defray the administrative
cost of State programs; and
(5) may not exceed the State share of the cost of
implementing such a project.
(e) Form of state share.--The share of the cost of carrying
out eligible projects under this section shall be from a non-
Federal source and shall not be in the form of an in-kind
contribution.
(f) Eligibility of designated state agencies.--No
designated State agency shall be eligible to receive matching
funds from the Wildlife Conservation and Appreciation Fund if
revenue derived from activities regulated by such an agency is
diverted for any purpose other than the management and
conservation of fish and wildlife. Such revenue shall include,
but not be limited to, all income from the sale of hunting,
fishing and trapping licenses; all income from nongame checkoff
systems; all income from the sale of waterfowl, habitat
conservation, and other stamps that are requisite for engaging
in certain activities regulated by the designated State agency;
all income from the sale of any commodities and products by the
designated State agency from lands and waters administered by
the State for fish and wildlife purposes; and all funds
apportioned to the designated State agency under the Federal
Aid in Wildlife and Sport Fish Restoration Programs.
(g) Establishment of fund--
(1) The Secretary shall establish the Fund, which
shall consist of amounts deposited into the Fund by the
Secretary under paragraph (2) of this subsection.
(2) The Secretary shall deposit into the Fund--
(A) amounts appropriated to the Secretary
for deposit to the Fund, of which not more than
4 percent shall be available to the Secretary
and the National Fish and Wildlife Foundation
to defray the costs of administering this Act
and evaluating wildlife conservation and
appreciation projects; and
(B) amounts received as donations from the
National Fish and Wildlife Foundation or other
private entities or persons for deposit to the
Fund.
(3) The Secretary may accept and use donations from
the National Fish and Wildlife Foundation and other
private entities or persons for purposes of assisting
States under this section.
(4) Of the total amount provided from the Fund to
assist a State in carrying out a wildlife conservation
and appreciation project under subsection (a) of this
section, at least 50 percent shall have been donated to
the Fund by the National Fish and Wildlife Foundation.
(h) Authorization of appropriations.--There are authorized
to be appropriated to the Fund and to the Secretary for each of
fiscal years 1992 through 1995 not to exceed $6,250,000 to
match the amount of contributions made to the Fund by the
National Fish and Wildlife Foundation.
SEC. 7106. NON-FEDERAL LAND CONSERVATION GRANT PROGRAM.
(a) Establishment.--In consultation with appropriate State,
regional, and other units of government, the Secretary shall
establish a competitive grant program, to be known as the
``Non-Federal Land Conservation Grant Program'' (referred to in
this section as the ``program'), to make grants to States or
groups of States to pay the Federal share determined under
subsection (c)(4) of the costs of conservation of non-Federal
land or water of regional or national significance.
(b) Ranking Criteria.--In selecting among applications for
grants for projects under the program, the Secretary shall--
(1) rank projects according the extent to which a
proposed project will protect watersheds and important
scenic, cultural, recreational, fish, wildlife, and
other ecological resources; and
(2) subject to paragraph (1), give preference to
proposed projects--
(A) that seek to protect ecosystems;
(B) that are developed in collaboration
with other States;
(C) with respect to which there has been
public participation in the development of the
project proposal;
(D) that are supported by communities and
individuals that are located in the immediate
vicinity of the proposed project or that would
be directly affected by the proposed project;
or
(E) that the State considers to be a State
priority.
(c) Grants to States.--
(1) Notice of deadline for applications.--The
Secretary shall give reasonable advance notice of each
deadline for submission of applications for grants
under the program by publication of a notice in the
Federal Register.
(2) Submission of applications.--
(A) In general.--A State or group of States
may submit to the Secretary an application for
a grant under the program.
(B) Required contents of applications.--
Each application shall include--
(i) a detailed description of each
proposed project;
(ii) a detailed analysis of project
costs, including costs associated
with--
(I) planning;
(II) administration;
(III) property acquisition;
and
(IV) property management;
(iii) a statement describing how
the project is of regional or national
significance; and
(iv) a plan for stewardship of any
land or water, or interest in land or
water, to be acquired under the
project.
(3) Selection of grant recipients.--Not later than
90 days after the date of receipt of an application,
the Secretary shall--
(A) review the application; and
(B)(i) notify the State or group of States
of the decision of the Secretary on the
application; and
(ii) if the application is denied, provide
an explanation of the reasons for the denial.
(4) Cost sharing.--The Federal share of the costs
of a project under the program shall be--
(A) in the case of a project to acquire an
interest in land or water that is not a
permanent conservation easement, not more than
50 percent of the costs of the project;
(B) in the case of a project to acquire a
permanent conservation easement, not more than
70 percent of the costs of the project; and
(C) in the case of a project involving 2 or
more States, not more than 75 percent of the
costs of the project.
(5) Effect of insufficiency of funds.--If the
Secretary determines that there are insufficient funds
available to make grants with respect to all
applications that meet the requirements of this
subsection, the Secretary shall give priority to those
projects that best meet the ranking criteria
established under subsection (b).
(6) Grants to state of new hampshire.--
Notwithstanding subsection (b) and paragraphs (3) and
(5), the Secretary shall make grants under the program
to the State of New Hampshire to pay the Federal share
determined under paragraph (4) of the costs of
acquiring conservation easements with respect to land
or water located in northern New Hampshire and sold by
International Paper to the Trust for Public Land.
(d) Report.--Not later than 60 days after the end of each
fiscal year, the Secretary shall submit to the Committee on
Environment and Public Works of the Senate and the Committee on
Resources of the House of Representatives a report describing
the grants made under this section, including an analysis of
how projects were ranked under subsection (b).
(e) Authorization of Appropriations.--There are authorized
to be appropriated--
(1) to carry out this section (other than
subsection (c)(6)) $50,000,000 for each of fiscal years
2002 through 2006; and
(2) to carry out subsection (c)(6) $9,000,000 for
the period of fiscal years 2002 and 2003.
SEC. 7107. CONSERVATION AND RESTORATION OF SHRUBLAND AND GRASSLAND.
(a) Definitions.--In this section:
(1) Conservation activity.--The term ``conservation
activity'' means--
(A) a project or activity to reduce
erosion;
(B) a prescribed burn;
(C) the restoration of riparian habitat;
(D) the control or elimination of invasive
or exotic species;
(E) the reestablishment of native grasses;
and
(F) any other project or activity that
restores or enhances habitat for endangered
species, threatened species, or species at
risk.
(2) Conservation agreement.--The term
``conservation agreement'' means an agreement entered
into under subsection (c).
(3) Conservation entity.--
(A) In general.--The term ``conservation
entity'' means a nonprofit entity that engages
in activities to conserve or protect fish,
wildlife, or plants, or habitats for fish,
wildlife, or plants.
(B) Inclusions.--The term ``conservation
entity'' includes--
(i) a sportsmen's organization;
(ii) an environmental organization;
and
(iii) a land trust.
(4) Covered land.--The term ``covered land'' means
public or private--
(A) natural grassland or shrubland that
serves as habitat for endangered species,
threatened species, or species at risk, as
determined by the Secretary; or
(B) other land that--
(i) is located in an area that has
been historically dominated by natural
grassland or shrubland; and
(ii) if restored to natural
grassland or shrubland, would have the
potential to serve as habitat for
endangered species, threatened species,
or species at risk, as determined by
the Secretary.
(5) Endangered species.--The term ``endangered
species'' has the meaning given the term in section 3
of the Endangered Species Act of 1973 (16 U.S.C. 1532).
(6) Permit holder.--The term ``permit holder''
means an individual who holds a grazing permit for
covered land that is the subject of a conservation
agreement.
(7) Program.--The term ``program'' means the
conservation assistance program established under
subsection (b).
(8) Species at risk.--The term ``species at risk''
means a species that may become an endangered species
or a threatened species if conservation actions are not
taken to conserve and protect the species.
(9) Threatened species.--The term ``threatened
species'' has the meaning given the term in section 3
of the Endangered Species Act of 1973 (16 U.S.C. 1532).
(b) Establishment of Program.--As soon as practicable after
the date of enactment of this section, the Secretary shall
establish a conservation assistance program to encourage the
conservation and restoration of covered land.
(c) Conservation Agreements.--
(1) In general.--In carrying out the program, the
Secretary shall enter into a conservation agreement
with a landowner, permit holder, or conservation entity
with respect to covered land under which--
(A) the Secretary shall award a grant to
the landowner, permit holder, or conservation
entity; and
(B) the landowner, permit holder, or
conservation entity shall use the grant to
carry out 1 or more conservation activities on
the covered land that is the subject of the
conservation agreement.
(2) Permitted activities.--
(A) In general.--Subject to subparagraph
(B), a conservation agreement may permit on the
covered land subject to the conservation
agreement--
(i) operation of a managed grazing
system;
(ii) haying or mowing (except
during the nesting season for birds);
(iii) fire rehabilitation; and
(iv) the construction of fire
breaks and fences.
(B) Limitation.--An activity described in
subparagraph (A) may be permitted only if the
activity contributes to maintaining the
viability of natural grass and shrub plant
communities on the covered land subject to the
conservation agreement.
(d) Payments Under Other Programs.--
(1) Other payments not affected.--A grant awarded
to a landowner, permit holder, or conservation entity
under this section shall be in addition to, and shall
not affect, the total amount of payments that the
landowner, permit holder, or conservation entity is
eligible to receive under--
(A) the conservation reserve program
established under subchapter B of chapter 1 of
subtitle D of title XII of the Food Security
Act of 1985 (16 U.S.C. 3831 et seq.);
(B) the wetlands reserve program
established under subchapter C of that chapter
(16 U.S.C. 3837 et seq.);
(C) the environmental quality incentives
program established under chapter 4 of subtitle
D of title XII of the Food Security Act of 1985
(16 U.S.C. 3839aa et seq.); or
(D) the Wildlife Habitat Incentive Program
established under section 387 of the Federal
Agriculture Improvement and Reform Act of 1996
(16 U.S.C. 3836a).
(2) Limitation.--A landowner, permit holder, or
conservation entity shall not receive a grant under a
conservation agreement for any activity for which the
landowner, permit holder, or conservation entity
receives a payment under a program referred to in
paragraph (1) unless the conservation agreement imposes
on the landowner, permit holder, or conservation entity
a financial or management obligation in addition to the
obligations of the landowner, permit holder, or
conservation entity under that program.
(e) Prohibition on Assistance for Required Activities.--The
Secretary shall not award a grant under this section for any
activity that is required under Federal or State law.
(f) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $50,000,000 for
each of fiscal years 2002 through 2006.
* * * * * * *
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DINGELL-JOHNSON SPORT FISH RESTORATION ACT
[Chapter 658, Approved Aug. 9, 1950, 64 Stat. 430]
[Amended through Public Law 106-408, Nov. 1, 2000]
AN ACT To provide that the United States shall aid the States in fish
restoration and management projects, and for other purposes.
* * * * * * *
SEC. 15. NONAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT.
Coordination with State fish and game department personnel
or with personnel of any other State agency under this Act
shall not be subject to the Federal Advisory Committee Act (5
U.S.C. App.).
SEC. [15.] 16. [16 U.S.C. 777 NOTE] SHORT TITLE.
This Act may be cited as the ``Dingell-Johnson Sport Fish
Restoration Act''.