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<PRE>[DOCID: f:h3558ih.txt]






107th CONGRESS
  1st Session
                                H. R. 3558

  To protect, conserve, and restore native fish, wildlife, and their 
natural habitats on Federal lands through cooperative, incentive-based 
 grants to control, mitigate, and eradicate harmful nonnative species, 
                        and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           December 20, 2001

 Mr. Rahall (for himself, Mr. Gilchrest, and Mr. Underwood) introduced 
  the following bill; which was referred to the Committee on Resources

_______________________________________________________________________

                                 A BILL


 
  To protect, conserve, and restore native fish, wildlife, and their 
natural habitats on Federal lands through cooperative, incentive-based 
 grants to control, mitigate, and eradicate harmful nonnative species, 
                        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 ``Species Protection and Conservation 
of the Environment Act''.

SEC. 2. FINDINGS AND STATEMENT OF PURPOSE.

    (a) Findings.--The Congress finds and declares the following:
            (1) The maintenance of healthy populations of native fish 
        and wildlife species is dependent on the protection, 
        conservation, restoration, and management of their natural 
        habitats and processes and the greater ecosystem.
            (2) Harmful nonnative plants, animals, and insects are 
        creating significant environmental, economic, and societal 
        impacts on all 50 States and all of the territories of the 
        United States. Direct and indirect economic impacts are 
        estimated to be $137,000,000,000 annually.
            (3) 46 percent of all listings of endangered species of 
        animals are impacted by the infestation and proliferation of 
        harmful nonnative species.
            (4) The distribution and dispersal of harmful nonnative 
        species show no regard for political boundaries and create a 
        need for an ecologically based approach to protect, conserve, 
        and restore native fish, wildlife, and their natural habitats 
        and processes, and to control, mitigate, and eradicate harmful 
        nonnative species on public and private lands and waters.
            (5) The long-term protection, conservation, and restoration 
        of native fish, wildlife, and their natural habitats and 
        processes will require the coordinated action of Federal, 
        State, and local governments, as well as the contribution and 
        collaboration of nongovernmental organizations, owners of land 
        and water rights, commercial interests, and other persons.
            (6) Executive Order 13112 requires Federal agencies to 
        provide for restoration of native species and habitat 
        conditions in ecosystems that have been invaded by harmful 
        nonnative species.
            (7) Harmful nonnative species have created significant 
        budgetary demands on public land and water managers, including 
        contributing $140,000,000 to the operations backlog of the 
        National Wildlife Refuge System.
            (8) The capability within the United States to rapidly 
        respond at the Federal level to incipient invasions of harmful 
        nonnative species that will have a large impact on native fish, 
        wildlife, and their habitats is undeveloped.
    (b) Purpose.--The purpose of this Act is to encourage partnerships 
among public agencies and other interests for the following objectives:
            (1) To protect, enhance, restore, and manage an appropriate 
        distribution and diversity of native habitats for native fish 
        and wildlife.
            (2) To promote the development of State assessments to 
        establish priorities for controlling harmful nonnative species.
            (3) To promote greater cooperation among Federal, State, 
        and local land and water managers, and owners of private land, 
        water rights, or other interests to implement ecologically 
        based strategies to eradicate, mitigate, and control harmful 
        nonnative species through a voluntary and incentive-based 
        financial assistance grant program.
            (4) To establish a demonstration program using units of the 
        National Wildlife Refuge System as sites to develop, test, 
        evaluate, and monitor new methods and technologies to 
        eradicate, control, and mitigate harmful nonnative species.
            (5) To establish a rapid response capability to combat 
        incipient harmful nonnative species invasions.

SEC. 3. DEFINITIONS.

    For the purposes of this Act:
            (1) Appropriate committees.--The term ``appropriate 
        Committees'' means the Committee on  Resources of the House of 
Representatives and the Committee on Environment and Public Works of 
the Senate.
            (2) Bioregion.--The term ``bioregion''--
                    (A) means a continuous natural area, such as a 
                watershed or river system, semiarid plateau or basin, 
                mountain range, grassland, forest tract, or other 
                natural area, that unites--
                            (i) common ecosystems that share similar 
                        species or natural communities; and
                            (ii) ecological processes and functions; 
                        and
                    (B) includes such an area that extends across the 
                borders of municipalities, counties, States, or 
                countries.
            (3) Capacity building.--The term ``capacity building'' 
        means the process of increasing the administrative, technical, 
        scientific, and other capabilities of local, regional, or State 
        entities to combat, manage, or eradicate harmful nonnative 
        species.
            (4) Control.--The term ``control'' means, as appropriate, 
        eradicating, suppressing, reducing, or managing harmful 
        nonnative species populations, preventing the spread of harmful 
        nonnative species from areas where they are present, and taking 
        steps to restore native species and habitats to reduce the 
        effects of harmful nonnative species.
            (5) Council.--The term the ``Council'' means the National 
        Invasive Species Council created by Executive Order 13112 of 
        February 3, 1999.
            (6) Director.--The term ``Director'' means the Director of 
        the United States Fish and Wildlife Service.
            (7) Environmental soundness.--The term ``environmental 
        soundness'' means the extent of inclusion of methods, efforts, 
        actions, or programs to prevent or control infestations of 
        harmful nonnative species, that--
                    (A) minimize adverse impacts to the structure and 
                function of an ecosystem and adverse effects on 
                nontarget species and ecosystems; and
                    (B) emphasize integrated management techniques and 
                nonchemical measures.
            (8) Federal lands.--The term ``Federal lands'' means all 
        lands and waters that are owned and administered by the 
        Department of the Interior or National Forest Service or are 
        held in trust by the Federal Government for an Indian tribe.
            (9) Harmful nonnative species.--The term ``harmful 
        nonnative species'' means, with respect to a particular 
        ecosystem in a particular region, any species, including its 
        seeds, eggs, spores, or other biological material capable of 
        propagating that species, that is not native to that ecosystem 
        and has a demonstrable or potentially demonstrable negative 
        environme
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ntal or economic impact in that region.
            (10) Indian tribe.--The term ``Indian tribe'' has the 
        meaning given that term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 450b).
            (11) National management plan.--The term ``National 
        Management Plan'' means the management plan prepared by the 
        National Invasive Species Council dated January 18, 2001, and 
        entitled ``Meeting the Invasive Species Challenge''.
            (12) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (13) State.--The term ``State'' means each of the several 
        States of the United States, the District of Columbia, the 
        Commonwealth of Puerto Rico, the Virgin Islands, Guam, American 
        Samoa, the Commonwealth of the Northern Mariana Islands, any 
        other territory or possession of the United States, and any 
        Indian tribe.
            (14) State assessment.--The term ``State assessment'' means 
        an assessment by a State of--
                    (A) the needs to restore, manage, or enhance native 
                fish or wildlife and their natural habitats and 
                processes in the State through control of harmful 
                nonnative species; and
                    (B) priorities for actions to address such needs.

SEC. 4. STATE NATIVE SPECIES PROTECTION ASSESSMENT GRANT PROGRAM.

    (a) Establishment.--The Secretary, in consultation with the 
Council, may provide grants to States to facilitate local capacity 
building among individual, local, State, and Federal land and owners of 
water rights through the development of a State assessment that 
identifies priorities for restoration, management, or enhancement of 
native fish or wildlife and their natural habitats and processes 
through control of harmful nonnative species.
    (b) Functions of the Director.--The Director shall--
            (1) solicit applications for grants under this section;
            (2) administer such grants; and
            (3) in consultation with the Council--
                    (A) provide technical and scientific advice to the 
                States receiving grants under this section; and
                    (B) review State assessments submitted under this 
                section, and approve any of those State assessments 
                that comply with the requirements of subsection (d).
    (c) Federal Share.--The Federal share of the cost of activities 
carried out with a grant under this section shall be 75 percent.
    (d) State Assessment Requirements.--A State assessment developed 
with a grant under this section must--
            (1) identify harmful nonnative species that occur in the 
        State within or across political boundaries, that must be 
        controlled to conserve and protect native fish, wildlife, and 
        their habitats;
            (2) identify mechanisms to increase capacity building in a 
        State or across State lines to conserve and protect native 
        fish, wildlife, or their habitats, and control harmful 
        nonnative species within the State;
            (3) incorporate the guidelines of the National Management 
        Plan;
            (4) incorporate or be consistent with relevant State plans 
        that have been developed in whole or in part for the 
        conservation of fish, wildlife, and their habitats; and
            (5) where practicable, identify bioregions within and 
        across the boundaries of the State that are conducive to 
        implementing a regional or ecological strategy to control 
        harmful nonnative species.
    (e) Review and Approval of Assessments.--
            (1) Submission.--The terms of each grant under this section 
        shall require that within two years after the award of the 
        grant, the grantee shall submit a completed State assessment to 
        the Director for evaluation.
            (2) Review and approval.--The Director, in consultation 
        with the Council, shall--
                    (A) review each complete State assessment submitted 
                under this section (including each assessment submitted 
                under subsection (f)); and
                    (B)(i) approve each such assessment if it satisfies 
                the requirements of subsection (d); or
                    (ii) disapprove such an assessment if it does not 
                satisfy those requirements.
            (3) Assessments deemed approved.--A State assessment 
        submitted under this section is deemed to have been approved by 
        the Secretary upon the expiration of the 60-day period 
        beginning on the date it is submitted by the State, if the 
        Secretary does not approve or disapprove the assessment before 
        the end of that period.
            (4) Statement of reasons for disapproval.--The Secretary 
        shall transmit to a State a statement of the reasons the 
        Secretary disapproved an assessment submitted by the State 
        under this section, by not later than 30 days after the date of 
        that disapproval.
    (f) Submission and Approval of Existing State Plans or 
Assessments.--A State may submit to the Director for approval as a 
State assessment under this section, for purposes of section 5, a State 
plan or assessment in existence on the date of the enactment of this 
Act.

SEC. 5. ALDO LEOPOLD NATIVE HERITAGE GRANT PROGRAM.

    (a) In General.--The Secretary may provide a grant to any eligible 
applicant to carry out a qualified project in accordance with this 
section. Such program shall be known as the ``Aldo Leopold Native 
Heritage Grant Program''.
    (b) Functions of the Secretary.--
            (1) In general.--The Secretary shall--
                    (A) solicit, receive, review, evaluate, and approve 
                applications for grants under this section;
                    (B) consult with the Council on the projects 
                proposed for grants under this section, including 
                regarding the priority of proposed projects for such 
                grants; and
                    (C) consult the Council regarding the development 
                of the database and standard data formats required 
                under subsection (l).
            (2) Advice.--To obtain advice regarding proposed grants 
        under this section, including advice on the scientific merit, 
        technical merit, and feasibility of a proposed grant, the 
        Secretary shall consult with--
                    (A) persons with scientific expertise in 
                controlling harmful nonnative species;
                    (B) representatives of State agencies, including 
                fish and wildlife conservation and management agencies, 
                local or regional government agencies, and 
                nongovernmental organizations with expertise in native 
                fish, wildlife, or their habitats and their 
                restoration; and
                    (C) agricultural interests, fishing interests, and 
                other users of resources affected by harmful nonnative 
                species.
            (3) Delegation of authority.--The Secretary may delegate to 
        another Federal instrumentality the authority of the Secretary 
        under this section, other than the authority to approve 
        applications for grants and make grants.
    (c) Functions of the Council.--The Council shall--
            (1) consult with the Secretary to create additional 
        criteria and guidelines for Leopold Native Heritage Grants;
            (2) consult with the Secretary regarding whether proposed 
        projects are qualified projects; and
            (3) carry out functions relating to monitoring grant 
        projects under subsection (l).
    (d) Eligible Applicant.--To be an eligible applicant under this 
section, an applicant must be--
            (1) a State; or
            (2) a local government or private person.
    (e)
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 Qualified Project.--
            (1) In general.--To be a qualified project under this 
        section, a project must meet the following requirements:
                    (A) The objectives of the project must include--
                            (i) providing for the science-based 
                        restoration, management, or enhancement of 
                        native fish or wildlife or the natural habitats 
                        and processes thereof;
                            (ii) controlling harmful nonnative species 
                        on the lands or waters on which it is conducted 
                        and maximizing benefits to the environment;
                            (iii) addressing the pathways by which the 
                        harmful nonnative species migrates to or from 
                        the lands on which the project is carried out; 
                        and
                            (iv) having no negative impact on the 
                        bioregion in which it is carried out and being 
                        technically feasible.
                    (B) The project must include a monitoring plan that 
                is consistent with standards for monitoring developed 
                under subsection (l).
                    (C) There must be satisfactory assurance from the 
                non-Federal interests participating in the project that 
                the non-Federal interests will have adequate personnel, 
                funding, and authority to ensure local cooperation and 
                properly maintain the project.
                    (D) The project must be carried out in a State with 
                a State assessment approved under section 4, and must 
                implement activities identified in the assessment for 
                restoration, management, or enhancement of native fish 
                or wildlife and their natural habitats and processes 
                through control of harmful nonnative species.
                    (E) The project must be conducted in partnership 
                with a Federal agency.
                    (F) The project must be conducted on lands or 
                waters under the control of the eligible applicant 
                applying for a grant under this section, and on 
                adjacent Federal lands or waters administered by the 
                Federal agency referred to in subparagraph (E), that 
                are--
                            (i) administered for the long-term 
                        conservation of such lands and waters and the 
                        native fish and wildlife dependent thereon;
                            (ii) managed to prevent the future 
                        reintroduction or dispersal of harmful 
                        nonnative species; or
                            (iii) managed as a bioregion in which there 
                        is a project being carried out that addresses 
                        infestation sources of harmful nonnative 
                        species that would otherwise reinfest the lands 
                        or waters.
            (2) Other factors for selection of projects.--The Secretary 
        shall also consider proposed projects for grants under this 
        section (subject to paragraph (1)) based on the following 
        factors:
                    (A) The extent to which the project would aid the 
                conservation of species that are listed, or are 
                candidates for listing, as threatened species and 
                endangered species under the Endangered Species Act of 
                1973 (16 U.S.C. 1531 et seq.).
                    (B) Whether the project will encourage increased 
                coordination and cooperation among one or more Federal 
                agencies and State or local government agencies or 
                nongovernmental or other private entities.
                    (C) Whether the project fosters public-private 
                partnerships and uses Federal resources to encourage 
                increased private sector involvement, including 
                consideration of the amount of private funds or in-kind 
                contributions for a native fish, wildlife, and habitat 
                conservation activity.
                    (D) Whether the project occurs within an area in a 
                bioregion in which there is a program being carried out 
                that addresses infestation sources of nonnative species 
                that would otherwise reinfest the area.
    (f) Priority for Innovative Technology.--In selecting qualified 
projects for grants under this section, the Secretary shall give 
priority consideration to a qualified project if the project includes 
pilot testing or a demonstration of an innovative technology having the 
potential for improved cost-effectiveness in native fish, wildlife, and 
habitat conservation or restoration.
    (g) Distribution of Awards.--In making grants under this section 
the Secretary shall seek to ensure--
            (1) a balance of smaller and larger projects conducted with 
        grants under this section; and
            (2) an equitable geographic distribution of projects 
        carried out with grants under this section, among all States 
        within which such projects are proposed to be conducted.
    (h) Grant Duration.--
            (1) In general.--Each grant under this section shall be to 
        provide funding for the Federal share of the cost of the 
        project carried out with the grant for up to 2 fiscal years.
            (2) Renewal.--If the Secretary finds that a project is 
        making satisfactory progress, the Secretary may renew a grant 
        under this section for the project for an additional 2 fiscal 
        years.
    (i) Reporting Requirement.--
            (1) In general.--A grantee under this section shall report 
        annually to the Secretary.
            (2) Report contents.--Each report under this subsection 
        shall include the following information with respect to each 
        grant covered by the report:
                    (A) The information described in subparagraphs (B), 
                (C), (D), and (G) of subsection (m)(2).
                    (B) Specific information on the methods and 
                techniques used to conserve or restore native fish, 
                wildlife, or their habitats in the grant area.
                    (C) Specific information on the methods and 
                techniques used to control harmful nonnative species in 
                the grant area.
                    (D) Photo documentation of the grant area from 
                before, during, and after the grant.
                    (E) A detailed report of the funding for the grant 
                and the expenditures made.
                    (F) A plan for continued monitoring of the grant 
                area, after the grant is completed, with funding from a 
                source or sources other than of grants under this 
                section.
    (j) Cost Sharing.--
            (1) Federal share.--Except as provided in paragraphs (2), 
        (3), (4), and (5), the Federal share of the cost of a project 
        carried out with a grant under this section shall not exceed 75 
        percent of such cost.
            (2) Innovative technology costs.--The Federal share of the 
        incremental additional cost of including in such a project 
        pilot testing or a demonstration of an innovative technology 
        described in subsection (f) shall be 85 percent.
            (3) Projects on federal lands or waters.--The Federal share 
        of the cost of the portion of a project funded with a grant 
        under this section that is carried out on Federal lands or 
        waters, including the cost of acquisition by the Federal 
        Government of inholdings within Federal lands or waters for use 
        for such a project, shall be 100 percent.
         
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   (4) Application to non-federal share.--The Secretary--
                    (A) shall apply to the non-Federal share of the 
                cost of a project carried out with a grant under this 
                section the fair market value of all lands, easements, 
                rights-of-way, and relocations provided for the project 
                by non-Federal interests; and
                    (B) may apply to the non-Federal share of such 
                costs services or any other form of in-kind 
                contribution to the project made by non-Federal 
                interests that the Secretary determines to be an 
                appropriate contribution equivalent to the monetary 
                amount required for the non-Federal share of the 
                activity.
            (5) Operation and maintenance.--The non-Federal interests 
        for a project carried out with a grant under this section shall 
        be responsible for all costs associated with operating, 
        maintaining, replacing, repairing, rehabilitating, and 
        monitoring the project on non-Federal lands and waters.
            (6) Derivation of non-federal share.--The non-Federal share 
        of the cost of a project carried out with a grant under this 
        section may not be derived from a Federal grant program or 
other Federal funds.
    (k) Cooperation of Non-Federal Interests.--The Secretary may not 
make a grant under this section for a project on Federal lands before a 
non-Federal interest has entered into a written agreement with the 
Secretary under which the non-Federal interest agrees to--
            (1) provide for the project all non-Federal lands, 
        easements, rights-of-way, and relocations required for the 
        project, and any other elements the Secretary determines to be 
        an appropriate contribution under subsection (j)(4); and
            (2) provide for all operation, maintenance, replacement, 
        rehabilitation, and monitoring for the project on non-Federal 
        lands and waters.
    (l) Monitoring of Grant Projects.--
            (1) Requirements.--The Council, in consultation with the 
        Secretary, shall develop requirements for the monitoring to be 
        carried out by a grantee after the completion of a project with 
        a grant under this section to ensure that short-term and long-
        term conservation goals of the project are achieved.
            (2) Database of grant project information.--The Council 
        shall develop and maintain an appropriate database of 
        information concerning projects carried out with grants under 
        this subsection, including information on project techniques, 
        project completion, monitoring data, and other relevant 
        information.
            (3) Monitoring data formats.--The Council shall develop 
        standard data formats for monitoring projects, along with 
        requirements for types of data collected and frequency of 
        monitoring.
            (4) Coordination of data.--The Council shall compile 
        information that pertains to grants from other Federal, State, 
        and local sources and that meets the quality control 
        requirements and data standards established under this 
        subsection.
            (5) Use of existing programs.--The Council shall use 
        existing programs within the Federal Government to create and 
        maintain the database required under this subsection.
            (6) Public availability.--The Council shall make the 
        information collected and maintained under this subsection 
        available to the public.
    (m) Reporting.--
            (1) In general.--The Secretary shall, by not later than 2 
        years after the date of the enactment of this Act and every 2 
        years thereafter, report to the appropriate Committees on the 
        implementation of this Act.
            (2) Contents of report.--A report under paragraph (1) shall 
        include a biennial assessment of--
                    (A) the number of States that have developed a 
                State assessment with a grant under section 4;
                    (B) data on the number of acres of native fish and 
                wildlife habitat restored, protected, or enhanced under 
                this Act, including descriptions of, and partners 
                involved with, grants selected, in progress, and 
                completed under this Act that comprise those acres by 
                Federal, State, and local agencies and other entities;
                    (C) trends in the population size and distribution 
                of native species in the grant areas, and in adjacent 
                areas as defined by the Secretary;
                    (D) trends in the population size and distribution 
                of harmful nonnative species in the grant areas, and in 
                the adjacent areas as defined by the Secretary;
                    (E) an estimate of the long-term success of varying 
                conservation techniques used in carrying out grants 
                under this section;
                    (F) an annual assessment of the status of projects 
                carried out with grants under this section, including 
                an accounting of expenditures by Federal, State, 
                regional, and local government agencies and other 
                entities to carry out such projects;
                    (G) a review of the environmental soundness of the 
                projects carried out with grants under this section;
                    (H) a review of efforts made to maintain an 
                appropriate database of grants under this section;
                    (I) a review of the measures taken to provide the 
                information described in subparagraphs (B) through (E) 
                and (G) to persons with responsibility for assisting in 
                the conservation of native fish and wildlife and their 
                habitats; and
                    (J) a review of the geographical distribution of 
                Federal money, matching funds, and in-kind 
                contributions for projects carried out with grants 
                under this section.

SEC. 6. REFUGE SYSTEM DEMONSTRATION PROJECTS.

    (a) In General.--The Secretary, acting through the Director, shall 
carry out demonstration projects to promote ecologically based 
strategies to control harmful nonnative species, that--
            (1) use the National Wildlife Refuge System and adjacent 
        lands and waters;
            (2) promote ecologically based strategies that address the 
        operational backlog attributed to nonnative species affecting 
        the National Wildlife Refuge System;
            (3) encourage the development of cooperative partnerships 
        with other Federal, State, regional, local, or private owners 
        of land or water rights adjacent to a National Wildlife Refuge 
        or Waterfowl Management Unit, to identify opportunities for 
        harmful nonnative species control projects; and
            (4) includes pilot testing or a demonstration of an 
        innovative technology or method having the potential for 
        improved cost-effectiveness in native fish, wildlife, and 
        habitat conservation or restoration.
    (b) Project Identification Development.--The Secretary shall--
            (1) carry out under this section those projects that the 
        Secretary determines, in consultation with the Director, most 
        effectively demonstrate harmful nonnative species control in 
        cooperation with surrounding public or private lands or waters; 
        and
            (2) develop the projects to be carried out under this 
        section within 12 months after the date of enactment of this 
        Act.
    (c) Size of Projects.--The projects carried out should contribute 
to achieving a balance of smaller and larger projects.
    (d) Geographic Distribution.--The Secretary shall, to the maximum 
153b

extent practicable, seek to ensure a geographic distribution of 
projects under this section, among all States within which such 
projects are proposed to be conducted.
    (e) Monitoring Requirements.--The Secretary, through the Director, 
shall monitor projects carried out under this section in accordance 
with the requirements developed under section 5(l).
    (f) Reporting.--The Secretary shall report to the appropriate 
Committees regarding projects carried out under this section--
            (1) in accordance with the requirements that apply to 
        reports under section 5(m); and
            (2) through the Director.

SEC. 7. CREATION OF A RAPID RESPONSE CAPABILITY TO HARMFUL NONNATIVE 
              SPECIES.

    (a) Establishment.--The Secretary may provide financial assistance 
to enable a rapid response to outbreaks of harmful nonnative species 
that are at a stage at which rapid eradication or control is possible, 
and ensure eradication or immediate control of the harmful nonnative 
species.
    (b) Requirements for Assistance.--The Secretary shall provide 
assistance under this section, at the request of the Governor of a 
State, to local and State agencies or nongovernmental entities for the 
eradication of an immediate harmful nonnative species threat in the 
State only if--
            (1) there is a demonstrated need for the assistance;
            (2) the harmful nonnative species has not spread beyond an 
        area to be determined by the Secretary;
            (3) the harmful nonnative species is considered to be an 
        immediate threat to native fish, wildlife, or their habitats, 
        as determined by the Secretary; and
            (4) the proposed response to such threat--
                    (A) is technically feasible;
                    (B) has no negative impact of the ecological 
                function of the region in which it would occur; and
                    (C) is environmentally sound.
    (c) Amount of Financial Assistance.--The Secretary shall determine 
the amount of financial assistance to be given with respect to an 
outbreak of a harmful nonnative species, in consultation with the 
Council and subject to the availability of appropriations.
    (d) Cost Share.--The Federal share of the cost of any activity 
carried out with assistance under this section shall not exceed 80 
percent.
    (e) Consultation.--The Secretary shall award assistance under this 
section in consultation with the Council.
    (f) Monitoring and Reporting.--The Secretary shall--
            (1) require that persons receiving assistance under this 
        section report on activities carried out with such assistance 
        in the same manner as grantees under section 5; and
            (2) monitor and report on activities carried out with 
        assistance under this section in accordance with the 
        requirements that apply with respect to activities carried out 
        with assistance under section 5.

SEC. 8. RELATIONSHIP TO OTHER AUTHORITIES.

    Nothing in this Act affects authorities, responsibilities, 
obligations, or powers of the Secretary to acquire lands or waters or 
interests therein under any other statute.

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

    (a) State Native Species Protection Assessment Grant Program.--
There are authorized to be appropriated to the Secretary to carry out 
section 4--
            (1) $20,000,000 for fiscal year 2003, of which--
                    (A) $15,000,000 shall be used by the Director to 
                provide the grants; and
                    (B) $5,000,000 shall be used to provide technical 
                assistance to States awarded grants; and
            (2) such sums as may be necessary for each of fiscal years 
        2004 through 2008.
Amounts appropriated under this subsection that are not used for grants 
under section 4 may be used for grants under section 5.
    (b) Aldo Leopold Native Heritage Grants.--There are authorized to 
be appropriated to the Secretary to carry out section 5--
            (1) $50,000,000 for fiscal year 2003; and
            (2) such sums as may be necessary for each of fiscal years 
        2004 through 2008.
    (c) Refuge System Demonstration Projects.--There are authorized to 
be appropriated to the Secretary to carry out section 6--
            (1) $10,000,000 for fiscal year 2003; and
            (2) such sums as may be necessary for each of fiscal years 
        2004 through 2008.
    (d) Rapid Response Assistance.--There are authorized to be 
appropriated to the Secretary to carry out section 7--
            (1) $10,000,000 for fiscal year 2003; and
            (2) such sums as may be necessary for each of fiscal years 
        2004 through 2008.
    (e) Monitoring.--There is authorized to be appropriated to the 
Secretary to support the Council in its acquisition, maintenance, and 
management of monitoring data on grant projects carried out under this 
Act, $3,000,000 for each of fiscal years 2003 through 2008.
    (f) Continuing Availability.--Amounts appropriated under this Act 
shall remain available until expended.
    (g) Administrative Expenses of Secretary.--Of amounts available 
each fiscal year to carry out this Act, the Secretary may expend not 
more than 5 percent to pay the administrative expenses necessary to 
carry out this Act.
                                 &lt;all&gt;

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