S.990 - American Wildlife Enhancement Act of 2001 (Engrossed as Agreed to or Passed by Senate)

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SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) SHORT TITLE- This Act may be cited as the `American Wildlife Enhancement Act of 2001'.

(b) TABLE OF CONTENTS- The table of contents of this Act is as follows:

Sec. 1. Short title; table of contents.

TITLE I--PITTMAN-ROBERTSON WILDLIFE CONSERVATION AND RESTORATION PROGRAMS IMPROVEMENT

Sec. 101. Short title.

Sec. 102. Definitions.

Sec. 103. Wildlife Conservation and Restoration Account.

Sec. 104. Apportionment of amounts in the Account.

Sec. 105. Wildlife conservation and restoration programs.

Sec. 106. Nonapplicability of Federal Advisory Committee Act.

Sec. 107. Technical amendments.

Sec. 108. Effective date.

TITLE II--ENDANGERED AND THREATENED SPECIES RECOVERY

Sec. 201. Purpose.

Sec. 202. Endangered and threatened species recovery assistance.

TITLE III--NON-FEDERAL LAND CONSERVATION GRANT PROGRAM

Sec. 301. Non-Federal land conservation grant program.

TITLE IV--CONSERVATION AND RESTORATION OF SHRUBLAND AND GRASSLAND

Sec. 401. Conservation and restoration of shrubland and grassland.

TITLE I--PITTMAN-ROBERTSON WILDLIFE CONSERVATION AND RESTORATION PROGRAMS IMPROVEMENT

SEC. 101. SHORT TITLE.

This title may be cited as the `Pittman-Robertson Wildlife Conservation and Restoration Programs Improvement Act'.

SEC. 102. DEFINITIONS.

(a) IN GENERAL- Section 2 of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669a) is amended to read as follows:

`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.'.

(b) CONFORMING AMENDMENTS-

(1) The first section, section 3(a)(1), and section 12 of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669, 669b(a)(1), 669i) are amended by striking `Secretary of Agriculture' each place it appears and inserting `Secretary'.

(2) The Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669 et seq.) is amended by striking `Secretary of the Interior' each place it appears and inserting `Secretary'.

(3) Section 3(a)(1) of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669b(a)(1)) is amended by striking `(hereinafter referred to as the `fund')'.

(4) Section 6(c) of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669e(c)) is amended by striking `established by section 3 of this Act'.

(5) Section 11(b) of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669h-2(b)) is amended by striking `wildlife restoration projects' each place it appears and inserting `wildlife-restoration projects'.

SEC. 103. WILDLIFE CONSERVATION AND RESTORATION ACCOUNT.

(a) IN GENERAL- Section 3 of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669b) is amended--

(1) by striking `SEC. 3. (a)(1) An' and inserting the following:

`SEC. 3. FEDERAL AID TO WILDLIFE RESTORATION FUND.

`(a) IN GENERAL-

`(1) FEDERAL AID TO WILDLIFE RESTORATION FUND- An';

(2) in subsection (a), by striking paragraph (2) and inserting the following:

`(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.'; and

(3) by striking subsections (c) and (d).

(b) CONFORMING AMENDMENTS-

(1) Section 3 of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669b) is amended--

(A) in the first sentence of subsection (a)(1)--

(i) by inserting `(other than the Account)' after `wildlife restoration fund'; and

(ii) by inserting before the period at the end the following: `(other than sections 4(d) and 12)'; and

(B) in subsection (b), by inserting `(other than the Account)' after `the fund' each place it appears.

(2) Section 4 of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669c) is amended--

(A) in subsection (a)--

(i) in paragraph (1)(A)--

(I) by inserting `(other than the Account)' after `the fund'; and

(II) by inserting `(other than subsection (d) and sections 3(a)(2) and 12)' after `this Act'; and

(ii) in paragraph (2)(B), by inserting `from the fund (other than the Account)' before `under this Act'; and

(B) in the first sentence of subsection (b), by striking `said fund' and inserting `the fund (other than the Account)'.

(3) Section 6 of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669e) is amended--

(A) in subsection (a)--

(i) in the matter preceding paragraph (1), by inserting `(other than sections 4(d) and 12)' after `this Act';

(ii) in the last sentence of paragraph (1), by striking `this Act from funds apportioned under this Act' and inserting `this Act (other than sections 4(d) and 12) from funds apportioned from the fund (other than the Account) under this Act';

(iii) in paragraph (2)--

(I) in the first sentence, by inserting `(other than sections 4(d) and 12)' after `this Act'; and

(II) in the last sentence, by striking `said fund as represents the share of the United States payable under this Act' and inserting `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'; and

(iv) in the last paragraph, by inserting `from the fund (other than the Account)' before `under this Act' each place it appears; and

(B) in subsection (b), by inserting `(other than sections 4(d) and 12)' after `this Act' each place it appears.

(4) Section 8A of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669g-1) is amended in the first sentence by inserting `from the fund (other than the Account)' before `under this Act'.

(5) Section 9 of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669h) is amended in subsections (a) and (b)(1) by striking `section 4(a)(1)' each place it appears and inserting `subsections (a)(1) and (d)(1) of section 4'.

(6) Section 10 of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669h-1) is amended--

(A) in subsection (a)(1)--

(i) by inserting `(other than the Account)' after `the fund'; and

(ii) in subparagraph (B), by inserting `but excluding any use authorized solely by section 12' after `target ranges'; and

(B) in subsection (c)(2), by inserting before the period at the end the following: `(other than sections 4(d) and 12)'.

(7) Section 11(a)(1) of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669h-2(a)(1)) is amended by inserting `(other than the Account)' after `the fund'.

SEC. 104. APPORTIONMENT OF AMOUNTS IN THE ACCOUNT.

Section 4 of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669c) is amended by striking the second subsection (c) and subsection (d) and inserting the following:

`(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.'.