I

106TH CONGRESS

1ST SESSION H. R. 798

To provide for the permanent protection of the resources of the United

States in the year 2000 and beyond.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 23, 1999

Mr. GEORGE MILLER of California (for himself, Ms. PELOSI, Mr.

BLUMENAUER, Mr. MCGOVERN, Mr. MALONEY of Connecticut, Mr.

DEFAZIO, Mr. MCDERMOTT, Mr. ACKERMAN, Mr. DELAHUNT, Mr. LANTOS, Mr. MARKEY, Mr. TIERNEY, Mrs. MINK of Hawaii, Mr. MEEHAN,

Mr. STARK, Mr. WAXMAN, Ms. LEE, Ms. WOOLSEY, Mr. SHERMAN, Mr.

KILDEE, Mr. BONIOR, Mr. FARR of California, Ms. ESHOO, Mr.

PALLONE, Mrs. CHRISTIAN-CHRISTENSEN, Mrs. CAPPS, Mr. INSLEE, Mr.

GEPHARDT, Mr. KENNEDY of Rhode Island, Mrs. JONES of Ohio, Mr.

RAHALL, Mr. GEJDENSON, Mr. ROTHMAN, Mr. FRANK of Massachusetts,

and Mr. SANDERS) introduced the following bill; which was referred to

the Committee on Resources, and in addition to the Committee on Agriculture, for a period to be subsequently determined by the Speaker, in

each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL

To provide for the permanent protection of the resources

of the United States in the year 2000 and beyond.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Resources 2000 Act’’.
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1 SEC. 2. TABLE OF CONTENTS.

2 The table of contents for this Act is as follows:

Sec. 1. Short title.

Sec. 2. Table of contents.

Sec. 3. Findings and purpose.

Sec. 4. Definitions.

Sec. 5. Reduction in deposits of qualified OCS revenues for any fiscal year for

which those revenues are reduced.

Sec. 6. Limitation on use of available amounts for administration.

Sec. 7. Budgetary treatment of receipts and disbursements.

TITLE I—LAND AND WATER CONSERVATION FUND

REVITALIZATION

Sec. 101. Amendment of Land and Water Conservation Fund Act of 1965.

Sec. 102. Extension of period for covering amounts into fund.

Sec. 103. Availability of amounts.

Sec. 104. Allocation and use of fund.

Sec. 105. Expansion of State assistance purposes.

Sec. 106. Allocation of amounts available for State purposes.

Sec. 107. State planning.

Sec. 108. Assistance to States for other projects.

Sec. 109. Conversion of property to other use.

TITLE II—URBAN PARK AND RECREATION RECOVERY PROGRAM

AMENDMENTS

Sec. 201. Amendment of Urban Park and Recreation Recovery Act of 1978.

Sec. 202. Purposes.

Sec. 203. Authority to develop new areas and facilities.

Sec. 204. Definitions.

Sec. 205. Eligibility.

Sec. 206. Grants.

Sec. 207. Recovery action programs.

Sec. 208. State action incentives.

Sec. 209. Conversion of recreation property.

Sec. 210. Availability of amounts.

Sec. 211. Repeal.

TITLE III—HISTORIC PRESERVATION FUND

Sec. 301. Availability of amounts.

TITLE IV—FARMLAND, RANCHLAND, OPEN SPACE, AND

FORESTLAND PROTECTION

Sec. 401. Purpose.

Sec. 402. Farmland, Ranchland, Open Space, and Forestland Protection Fund;

availability of amounts.

Sec. 403. Authorized uses of Farmland, Ranchland, Open Space, and

Forestland Protection Fund.

Sec. 404. Farmland Protection Program.

Sec. 405. Ranchland Protection Program.

TITLE V—FEDERAL AND INDIAN LANDS RESTORATION FUND
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Sec. 501. Purpose.

Sec. 502. Federal and Indian Lands Restoration Fund; availability of amounts;

allocation.

Sec. 503. Authorized uses of fund.

Sec. 504. Indian tribe defined.

TITLE VI—LIVING MARINE RESOURCES CONSERVATION,

RESTORATION, AND MANAGEMENT ASSISTANCE

Sec. 601. Purpose.

Sec. 602. Financial assistance to coastal States.

Sec. 603. Ocean conservation partnerships.

Sec. 604. Living Marine Resources Conservation Fund; availability of amounts.

Sec. 605. Definitions.

TITLE VII—FUNDING FOR STATE NATIVE FISH AND WILDLIFE

CONSERVATION AND RESTORATION

Sec. 701. Amendments to findings and purposes.

Sec. 702. Definitions.

Sec. 703. Conservation plans.

Sec. 704. Conservation actions in absence of conservation plan.

Sec. 705. Amendments relating to reimbursement process.

Sec. 706. Establishment of Native Fish and Wildlife Conservation and Restoration Trust Fund; availability of amounts.

TITLE VIII—ENDANGERED AND THREATENED SPECIES

RECOVERY

Sec. 801. Purposes.

Sec. 802. Endangered and threatened species recovery assistance.

Sec. 803. Endangered and threatened species recovery agreements.

Sec. 804. Endangered and Threatened Species Recovery Fund; availability of

amounts.

Sec. 805. Definitions.

1 SEC. 3. FINDINGS AND PURPOSE.

2 (a) FINDINGS.—The Congress finds the following:

3 (1) By establishing the Land and Water Con4 servation Fund in 1965, Congress determined that

5 revenues generated by extraction of nonrenewable oil

6 and gas resources on the Outer Continental Shelf

7 should be dedicated to conservation and preservation

8 purposes.

9 (2) The Land and Water Conservation Fund

10 has been used for over three decades to protect and
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1 enhance national parks, national forests, national

2 wildlife refuges, and other public lands throughout

3 the Nation. In past years, the Land and Water Con4 servation Fund has also provided States with vital

5 resources to assist with acquisition and development

6 of local park and outdoor recreation projects.

7 (3) In 1978, the Congress amended the Land

8 and Water Conservation Fund to authorize

9 $900,000,000 of annual oil and gas receipts to be

10 used for Federal land acquisition and State recre11 ation projects. In recent years, however, the Con12 gress has failed to appropriate funds at the author13 ized levels to meet Federal land acquisition needs,

14 and has entirely eliminated State recreation funding,

15 leaving an unallocated surplus of over

16 $12,000,000,000 for fiscal year 1999.

17 (4) To better meet land acquisition needs and

18 address growing public demands for outdoor recre19 ation, the Congress should assure that the Land and

20 Water Conservation Fund is used as it was intended

21 to acquire conservation lands and, in partnership

22 with State and local governments, to provide for im23 proved parks and outdoor recreational opportunities.

24 (5) The premise of using oil and gas receipts to

25 meet conservation and preservation objectives also
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1 underlies the National Historic Preservation Act (16

2 U.S.C. 470 et seq.). Revenues to the Historic Pres3 ervation Fund accumulate at a rate of $150,000,000

4 annually, but because the Congress has failed in re5 cent years to appropriate the authorized amounts,

6 the fund has an unallocated surplus of over

7 $2,000,000,000 for fiscal year 1999. To reduce the

8 growing backlog of preservation needs, the Congress

9 should assure that the Historic Preservation Fund is

10 used as was intended.

11 (6) Building upon the commitment to devote

12 revenues from existing offshore leases to resource

13 protection through the Land and Water Conserva14 tion Fund Act of 1965 (16 U.S.C. 460l–4) and the

15 National Historic Preservation Act (16 U.S.C. 470

16 et seq.), the Congress should also dedicate revenues

17 from existing oil and gas leases to meet critical na18 tional, State, and local preservation and conservation

19 needs.

20 (7) Suburban sprawl presents a growing threat

21 to open space and farmland in many areas of the

22 Nation, with an estimated loss of 7,000 acres of

23 farmland and open space every day. Financial re24 sources and incentives are needed to promote the
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1 protection of open space, farmland, ranchland, and

2 forests.

3 (8) National parks, national forests, national

4 wildlife refuges, and other public lands have signifi5 cant unmet repair and maintenance needs for trails,

6 campgrounds, and other existing recreational infra7 structure, even as outdoor recreation and user de8 mands on these resources are increasing.

9 (9) Urban park and recreation needs have been

10 neglected, with resulting increases in crime and

11 other inappropriate activity, in part because the

12 Congress has failed in recent years to provide appro13 priations as authorized by the Urban Park and

14 Recreation Recovery Act of 1978 (16 U.S.C. 2501

15 et seq.).

16 (10) Although the Endangered Species Act of

17 1973 (16 U.S.C. 1531 et seq.) has prevented the ex18 tinction of many plants and animals, the recovery of

19 most species listed under that Act has been ham20 pered by a lack of financial resources and incentives

21 to encourage States and private landowners to con22 tribute to the recovery of protected species.

23 (11) Native fish and wildlife populations have

24 declined in many parts of the Nation, and face grow25 ing threats from habitat loss and invasive species.
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1 Financial resources and incentives are needed for

2 States to improve conservation and management of

3 native species.

4 (12) Ocean and coastal ecosystems are increas5 ingly degraded by loss of habitat, pollution, over6 fishing, and other threats to the health and produc7 tivity of the marine environment. Coastal States

8 should be provided with financial resources and in9 centives to better conserve, restore, and manage liv10 ing marine resources.

11 (13) The findings of the 1995 National Biologi12 cal Survey study entitled ‘‘Endangered Ecosystems

13 of the United States: A Preliminary Assessment of

14 Loss and Degradation’’, demonstrate the need to es15 calate conservation measures that protect our Na16 tion’s wildlands and habitats.

17 (b) PURPOSE.—The purpose of this Act is to expand

18 upon the promises of the Land and Water Conservation

19 Act of 1965 (16 U.S.C. 460l–4 et seq.) and the National

20 Historic Preservation Act (16 U.S.C. 470 et seq.) by pro21 viding permanent funding for the protection and enhance22 ment of the Nations natural, historic, and cultural re23 sources by a variety of means, including—

24 (1) the acquisition of conservation lands;

25 (2) improvement of State and urban parks;
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1 (3) preservation of open space, farmland,

2 ranchland, and forests;

3 (4) conservation of native fish and wildlife;

4 (5) recovery of endangered species; and

5 (6) restoration of coastal and marine resources.

6 SEC. 4. DEFINITIONS.

7 In this Act:

8 (1) COASTLINE.—The term ‘‘coastline’’ has the

9 same meaning that term has in the Submerged

10 Lands Act (43 U.S.C. 1301 et seq.).

11 (2) COASTAL STATE.—The term ‘‘coastal

12 State’’ has the meaning given the term ‘‘coastal

13 state’’ in the Coastal Zone Management Act of 1972

14 (16 U.S.C. 1451 et seq.).

15 (3) LEASED TRACT.—The term ‘‘leased tract’’

16 means a tract, leased under section 8 of the Outer

17 Continental Shelf Lands Act (43 U.S.C. 1337) for

18 the purpose of drilling for, developing and producing

19 oil and natural gas resources, which is a unit con20 sisting of either a block, a portion of a block, a com21 bination of blocks or portions of blocks (or both), as

22 specified in the lease, and as depicted on an Outer

23 Continental Shelf Official Protraction Diagram.
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1 (4) QUALIFIED OUTER CONTINENTAL SHELF

2 REVENUES.—The term ‘‘qualified Outer Continental

3 Shelf revenues’’—

4 (A) except as provided in subparagraph

5 (B)—

6 (i) means all moneys received by the

7 United States from each leased tract or

8 portion of a leased tract located in the

9 Western or Central Gulf of Mexico, less

10 such sums as may be credited to States

11 under section 8(g) of the Outer Continen12 tal Shelf Lands Act (43 U.S.C. 1337(g))

13 and amounts needed for adjustments and

14 refunds as overpayments for rents, royal15 ties, or other purposes; and

16 (ii) includes royalties (including pay17 ments for royalty taken in-kind and sold),

18 net profit share payments, and related

19 late-payment interest from natural gas and

20 oil leases issued pursuant to the Outer

21 Continental Shelf Lands Act (43 U.S.C.

22 1331) for such a lease tract or portion;

23 and

24 (B) does not include any moneys received

25 by the United States under—
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1 (i) any lease issued on or after the

2 date of the enactment of this Act; or

3 (ii) any lease under which no oil or

4 gas production has occurred before Janu5 ary 1, 1999.

6 SEC. 5. REDUCTION IN DEPOSITS OF QUALIFIED OCS REVE7 NUES FOR ANY FISCAL YEAR FOR WHICH

8 THOSE REVENUES ARE REDUCED.

9 (a) REDUCTION IN DEPOSITS.—The amount of quali10 fied Outer Continental Shelf revenues that is otherwise re11 quired to be deposited for a limited fiscal year into the

12 Land and Water Conservation Fund, the Historic Preser13 vation Fund, or any other fund or account established by

14 this Act (including the amendments made by this Act) is

15 hereby reduced, so that—

16 (1) the ratio that the amount deposited (after

17 the reduction) bears to the amount that would other18 wise be deposited, is equal to

19 (2) the ratio that the amount of qualified Outer

20 Continental Shelf Revenues for the fiscal year bears

21 to—

22 (A) $2,050,000 for fiscal years 2000 and

23 2001;

24 (B) $2,150,000 for fiscal years 2002,

25 2003, and 2004; and
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1 (C) $2,300,000 for fiscal year 2005 and

2 each fiscal year thereafter.

3 (b) NO REDUCTION IN DEPOSITS OF INTEREST.—

4 Subsection (a) shall not apply to deposits of interest

5 earned from investment of amounts in a fund or other ac6 count.

7 (c) LIMITED FISCAL YEAR DEFINED.—In this sec8 tion, the term ‘‘limited fiscal year’’ means a fiscal year

9 in which the total amount received by the United States

10 as qualified Outer Continental Shelf revenues is less

11 than—

12 (1) $2,050,000, for fiscal years 2000 and 2001;

13 (2) $2,150,000, for fiscal years 2002, 2003,

14 and 2004; and

15 (3) $2,300,000, for fiscal year 2005 and each

16 fiscal year thereafter.

17 SEC. 6. LIMITATION ON USE OF AVAILABLE AMOUNTS FOR

18 ADMINISTRATION.

19 Notwithstanding any other provision of law, of

20 amounts made available by this Act (including the amend21 ments made by this Act) for a particular activity, not more

22 than 2 percent may be used for administrative expenses

23 of that activity.
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1 SEC. 7. BUDGETARY TREATMENT OF RECEIPTS AND DIS2 BURSEMENTS.

3 Notwithstanding any other provision of law, the re4 ceipts and disbursements of funds under this Act and the

5 amendments made by this Act—

6 (1) shall not be counted as new budget author7 ity, outlays, receipts, or deficit or surplus for pur8 poses of—

9 (A) the budget of the United States Gov10 ernment as submitted by the President;

11 (B) the congressional budget (including al12 locations of budget authority and outlays pro13 vided therein); or

14 (C) the Balanced Budget and Emergency

15 Deficit Control Act of 1985; and

16 (2) shall be exempt from any general budget

17 limitation imposed by statute on expenditures and

18 net lending (budget outlays) of the United States

19 Government.

20 TITLE I—LAND AND WATER CON21 SERVATION FUND REVITAL22 IZATION

23 SEC. 101. AMENDMENT OF LAND AND WATER CONSERVA24 TION FUND ACT OF 1965.

25 Except as otherwise expressly provided, whenever in

26 this title an amendment or repeal is expressed in terms
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1 of an amendment to, or repeal of, a section or other provi2 sion, the reference shall be considered to be made to a

3 section or other provision of the Land and Water Con4 servation Fund Act of 1965 (16 U.S.C. 460l–4 et seq.)

5 SEC. 102. EXTENSION OF PERIOD FOR DEPOSITING

6 AMOUNTS INTO FUND.

7 Section 2 (16 U.S.C. 460l–5) is amended—

8 (1) in the matter preceding subsection (a) by

9 striking ‘‘During the period ending September 30,

10 2015, there shall be covered into’’ and inserting

11 ‘‘There shall be deposited into’’;

12 (2) in paragraph (c)(1) by striking ‘‘through

13 September 30, 2015’’; and

14 (3) in paragraph (c)(2)—

15 (A) by striking ‘‘shall be credited to the

16 fund’’ and all that follows through ‘‘as amended

17 (43 U.S.C. 1331 et seq.)’’ and inserting ‘‘shall

18 be deposited into the fund, subject to section 5

19 of the Resources 2000 Act, from amounts due

20 and payable to the United States as qualified

21 Outer Continental Shelf revenues (as that term

22 is defined in section 4 of that Act)’’; and

23 (B) in the proviso by striking ‘‘covered’’

24 and inserting ‘‘deposited’’.
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1 SEC. 103. AVAILABILITY OF AMOUNTS.

2 Section 3 (16 U.S.C. 460l–6) is amended by striking

3 so much as precedes the third sentence and inserting the

4 following:

5 ‘‘APPROPRIATIONS

6 ‘‘SEC. 3. (a) Of amounts in the fund, up to

7 $900,000,000 shall be available each fiscal year for obliga8 tion or expenditure without further appropriation, and

9 shall remain available until expended.

10 ‘‘(b) Moneys made available for obligation or expendi11 ture from the fund or from the special account established

12 under section 4(i)(1) may be obligated or expended only

13 as provided in this Act.

14 ‘‘(c) The Secretary of the Treasury shall invest mon15 eys in the fund that are excess to expenditures in public

16 debt securities with maturities suitable to the needs of the

17 fund, as determined by the Secretary of the Treasury, and

18 bearing interest at rates determined by the Secretary of

19 the Treasury, taking into consideration current market

20 yields on outstanding marketable obligations of the United

21 States of comparable maturity. Interest earned on such

22 investments shall be deposited into the fund.’’.

23 SEC. 104. ALLOCATION AND USE OF FUND.

24 Section 5 (16 U.S.C. 460l–7) is amended to read as

25 follows:
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1 ‘‘SEC. 5. ALLOCATION AND USE OF FUNDS.

2 ‘‘(a) IN GENERAL.—Of the amounts made available

3 for each fiscal year by this Act—

4 ‘‘(1) 50 percent shall be available for Federal

5 purposes (in this section referred to as the ‘Federal

6 portion’); and

7 ‘‘(2) 50 percent shall be available for grants to

8 States.

9 ‘‘(b) USE OF FEDERAL PORTION.—The President

10 shall, in the annual budget submitted by the President for

11 each fiscal year, specify the purposes for which the Fed12 eral portion of the fund is to be used by the Secretary

13 of the Interior and the Secretary of Agriculture. Such

14 funds shall be used by the Secretary concerned for the

15 purposes specified by the President in such budget sub16 mission unless the Congress, in an Act making appropria17 tions for the Department of the Interior and related agen18 cies for such fiscal year, specifies that any part of such

19 Federal portion shall be used by the Secretary concerned

20 for other Federal purposes as authorized by this Act.

21 ‘‘(c) FEDERAL PRIORITY LIST.—(1) For purposes of

22 the budget submission of the President for each fiscal

23 year, the President shall require the Secretary of the Inte24 rior and the Secretary of Agriculture to prepare Federal

25 priority lists for expenditure of the Federal portion.
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1 ‘‘(2) The Secretaries shall prepare the lists in con2 sultation with the head of each affected bureau or agency,

3 taking into account the best professional judgment regard4 ing the land acquisition priorities and policies of each bu5 reau or agency.

6 ‘‘(3) In preparing the priority lists, the Secretaries

7 shall consider—

8 ‘‘(A) the potential adverse impacts which might

9 result if a particular acquisition is not undertaken;

10 ‘‘(B) the availability of land appraisal and other

11 information necessary to complete an acquisition in

12 a timely manner; and

13 ‘‘(C) such other factors as the Secretaries con14 sider appropriate.’’.

15 SEC. 105. EXPANSION OF STATE ASSISTANCE PURPOSES.

16 Section 6(a) (16 U.S.C. 460l–8) is amended by strik17 ing ‘‘outdoor recreation:’’.

18 SEC. 106. ALLOCATION OF AMOUNTS AVAILABLE FOR

19 STATE PURPOSES.

20 Section 6(b) (16 U.S.C. 460l–8) is amended to read

21 as follows:

22 ‘‘(b) DISTRIBUTION AMONG THE STATES.—(1) Sums

23 made available from the fund each fiscal year for State

24 purposes shall be apportioned among the several States

25 by the Secretary, in accordance with this subsection. The
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1 determination of the apportionment by the Secretary shall

2 be final.

3 ‘‘(2) Two-thirds of the sums made available from the

4 fund each fiscal year for State purposes shall be distrib5 uted by the Secretary using criteria developed by the Sec6 retary under the following formula:

7 ‘‘(A) 30 percent shall be distributed equally

8 among the several States.

9 ‘‘(B) 70 percent shall be distributed on the

10 basis of the ratio which the population of each State

11 bears to the total population of all States.

12 ‘‘(3) One-third of the sums made available from the

13 fund each fiscal year for State purposes shall be distrib14 uted among the several States by the Secretary under a

15 competitive grant program, subject to such criteria as the

16 Secretary determines necessary to further the purposes of

17 the Act.

18 ‘‘(4) The total allocation to an individual State under

19 paragraphs (2) and (3) for a fiscal year shall not exceed

20 10 percent of the total amount allocated to the several

21 States under this subsection for that fiscal year.

22 ‘‘(5) The Secretary shall notify each State of its ap23 portionment, and the amounts thereof shall be available

24 thereafter to the State for planning, acquisition, or devel25 opment projects as hereafter described. Any amount of
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1 any apportionment that has not been paid or obligated by

2 the Secretary during the fiscal year in which such notifica3 tion is given and the two fiscal years thereafter shall be

4 reapportioned by the Secretary in accordance with para5 graph (3), without regard to the 10 percent limitation to

6 an individual State specified in paragraph (4).

7 ‘‘(6)(A) For the purposes of paragraph (2)(A)—

8 ‘‘(i) the District of Columbia shall be treated as

9 a State; and

10 ‘‘(ii) Puerto Rico, the United States Virgin Is11 lands, Guam, and American Samoa—

12 ‘‘(I) shall be treated collectively as one

13 State; and

14 ‘‘(II) shall each be allocated an equal share

15 of any amount distributed to them pursuant to

16 clause (i).

17 ‘‘(B) Each of the areas referred to in subparagraph

18 (A) shall be treated as a State for all other purposes of

19 this Act.’’.

20 SEC. 107. STATE PLANNING.

21 Section 6(d) (16 U.S.C. 460l–8(d)) is amended to

22 read as follows:

23 ‘‘(d) STATE PLAN.—(1)(A) A State plan shall be re24 quired prior to the consideration by the Secretary of finan25 cial assistance for acquisition or development projects. In
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1 order to reduce costly repetitive planning efforts, a State

2 may use for such plan a current State comprehensive out3 door recreation plan, a State recreation plan, or a State

4 action agenda under criteria developed by the Secretary

5 if, in the judgment of the Secretary, the plan used encom6 passes and promotes the purposes of this Act. No plan

7 shall be approved for a State unless the Governor of the

8 State certifies that ample opportunity for public participa9 tion in development and revision of the plan has been ac10 corded. The Secretary shall develop, in consultation with

11 others, criteria for public participation, and such criteria

12 shall constitute the basis for certification by the Governor.

13 ‘‘(B) The plan or agenda shall contain—

14 ‘‘(i) the name of the State agency that will have

15 the authority to represent and act for the State in

16 dealing with the Secretary for purposes of this Act;

17 ‘‘(ii) an evaluation of the demand for and sup18 ply of outdoor conservation and recreation resources

19 and facilities in the State;

20 ‘‘(iii) a program for the implementation of the

21 plan or agenda; and

22 ‘‘(iv) such other necessary information as may

23 be determined by the Secretary.

24 ‘‘(C) The plan or agenda shall take into account rel25 evant Federal resources and programs and be correlated
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1 so far as practicable with other State, regional, and local

2 plans.

3 ‘‘(2) The Secretary may provide financial assistance

4 to any State for the preparation of a State plan under

5 subsection (d)(1) when such plan is not otherwise available

6 or for the maintenance of such a plan.’’.

7 SEC. 108. ASSISTANCE TO STATES FOR OTHER PROJECTS.

8 Section 6(e) (16 U.S.C. 460l–8(e)) is amended—

9 (1) in subsection (e)(1) by striking ‘‘, but not

10 including incidental costs relating to acquisition’’;

11 and

12 (2) in subsection (e)(2) by inserting before the

13 period at the end the following: ‘‘or to enhance pub14 lic safety.’’.

15 SEC. 109. CONVERSION OF PROPERTY TO OTHER USE.

16 Section 6(f)(3) (16 U.S.C. 460l–8(f)) is amended—

17 (1) by inserting ‘‘(A)’’ before ‘‘No property’’;

18 and

19 (2) by striking the second sentence and insert20 ing the following:

21 ‘‘(B)(i) The Secretary shall approve such conversion

22 only if the State demonstrates that no prudent or feasible

23 alternative exists.

24 ‘‘(ii) Clause (i) shall not apply to property that is no

25 longer viable as an outdoor conservation or recreation fa-
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1 cility due to changes in demographics, or that must be

2 abandoned because of environmental contamination which

3 endangers public health and safety.

4 ‘‘(C)(i) The Secretary may not approve such conver5 sion unless the conversion satisfies any conditions the Sec6 retary considers necessary to assure the substitution of

7 other conservation and recreation properties of at least

8 equal market value and reasonable equivalent usefulness

9 and location and which are in accord with the existing

10 State Plan for conservation and recreation.

11 ‘‘(ii) For purposes of clause (i), wetland areas and

12 interests therein, as identified in a plan referred to in that

13 clause and proposed to be acquired as suitable replace14 ment property within the same State, that is otherwise

15 acceptable to the Secretary shall be considered to be of

16 reasonably equivalent usefulness with the property pro17 posed for conversion.’’.

18 TITLE II—URBAN PARK AND

19 RECREATION RECOVERY

20 PROGRAM AMENDMENTS

21 SEC. 201. AMENDMENT OF URBAN PARK AND RECREATION

22 RECOVERY ACT OF 1978.

23 Except as otherwise expressly provided, whenever in

24 this title an amendment or repeal is expressed in terms

25 of an amendment to, or repeal of, a section or other provi-
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1 sion, the reference shall be considered to be made to a

2 section or other provision of the Urban Park and Recre3 ation Recovery Act of 1978 (16 U.S.C. 2501 et seq.).

4 SEC. 202. PURPOSES.

5 The purpose of this title is to provide a dedicated

6 source of funding to assist local governments in improving

7 their park and recreation systems.

8 SEC. 203. AUTHORITY TO DEVELOP NEW AREAS AND FA9 CILITIES.

10 Section 1003 (16 U.S.C. 2502) is amended by insert11 ing ‘‘development of new recreation areas and facilities,

12 including the acquisition of lands for such development,’’

13 after ‘‘rehabilitation of critically needed recreation areas,

14 facilities,’’.

15 SEC. 204. DEFINITIONS.

16 Section 1004 (16 U.S.C. 2503) is amended—

17 (1) in paragraph (j) by striking ‘‘and’’ after the

18 semicolon;

19 (2) in paragraph (k) by striking the period at

20 the end and inserting a semicolon; and

21 (3) by adding at the end the following:

22 ‘‘(l) ‘development grants’—

23 ‘‘(1) means matching capital grants to

24 units of local government to cover costs of de25 velopment, land acquisition, and construction
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1 on existing or new neighborhood recreation

2 sites, including indoor and outdoor recreational

3 areas and facilities, and support facilities; and

4 ‘‘(2) does not include landscaping, routine

5 maintenance, and upkeep activities;

6 ‘‘(m) ‘qualified Outer Continental Shelf reve7 nues’ has the meaning given that term in section 4

8 of the Resources 2000 Act; and

9 ‘‘(n) ‘Secretary’ means the Secretary of the In10 terior.’’.

11 SEC. 205. ELIGIBILITY.

12 Section 1005(a) (16 U.S.C. 2504(a)) is amended to

13 read as follows:

14 ‘‘(a) Eligibility of general purpose local governments

15 to compete for assistance under this title shall be based

16 upon need as determined by the Secretary. Generally, eli17 gible general purpose local governments shall include the

18 following:

19 ‘‘(1) All political subdivisions of Metropolitan,

20 Primary, or Consolidated Statistical Areas, as deter21 mined by the most recent Census.

22 ‘‘(2) Any other city or town within such a Met23 ropolitan Statistical Area, that has a total popu24 lation of 50,000 or more as determined by the most

25 recent Census.
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1 ‘‘(3) Any other county, parish, or township with

2 a total population of 250,000 or more as determined

3 by the most recent Census.’’.

4 SEC. 206. GRANTS.

5 Section 1006 (16 U.S.C. 2505) is amended by strik6 ing so much as precedes subsection (a)(3) and inserting

7 the following:

8 ‘‘SEC. 1006. (a)(1) The Secretary may provide 70

9 percent matching grants for rehabilitation, development,

10 and innovation purposes to any eligible general purpose

11 local government upon approval by the Secretary of an ap12 plication submitted by the chief executive of such govern13 ment.

14 ‘‘(2) At the discretion of such an applicant, a grant

15 under this section may be transferred in whole or part to

16 independent special purpose local governments, private

17 nonprofit agencies, or county or regional park authorities,

18 if—

19 ‘‘(A) such transfer is consistent with the ap20 proved application for the grant; and

21 ‘‘(B) the applicant provides assurance to the

22 Secretary that the applicant will maintain public

23 recreation opportunities at assisted areas and facili24 ties owned or managed by the applicant in accord25 ance with section 1010.
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1 ‘‘(3) Payments may be made only for those rehabilita2 tion, development, or innovation projects that have been

3 approved by the Secretary. Such payments may be made

4 from time to time in keeping with the rate of progress

5 toward completion of a project, on a reimbursable basis.’’.

6 SEC. 207. RECOVERY ACTION PROGRAMS.

7 Section 1007(a) (16 U.S.C. 2506(a)) is amended—

8 (1) in subsection (a) in the first sentence by in9 serting ‘‘development,’’ after ‘‘commitments to ongo10 ing planning,’’; and

11 (2) in subsection (a)(2) by inserting ‘‘develop12 ment and’’ after ‘‘adequate planning for’’.

13 SEC. 208. STATE ACTION INCENTIVES.

14 Section 1008 (16 U.S.C. 2507) is amended—

15 (1) by inserting ‘‘(a) IN GENERAL.—’’ before

16 the first sentence; and

17 (2) by striking the last sentence of subsection

18 (a) (as designated by paragraph (1) of this section)

19 and inserting the following:

20 ‘‘(b) COORDINATION WITH LAND AND WATER CON21 SERVATION FUND ACTIVITIES.—(1) The Secretary and

22 general purpose local governments are encouraged to co23 ordinate preparation of recovery action programs required

24 by this title with State plans required under section 6 of

25 the Land and Water Conservation Fund Act of 1965, in-
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1 cluding by allowing flexibility in preparation of recovery

2 action programs so they may be used to meet State and

3 local qualifications for local receipt of Land and Water

4 Conservation Fund grants or State grants for similar pur5 poses or for other conservation or recreation purposes.

6 (2) The Secretary shall encourage States to consider

7 the findings, priorities, strategies, and schedules included

8 in the recovery action programs of their urban localities

9 in preparation and updating of State plans in accordance

10 with the public coordination and citizen consultation re11 quirements of subsection 6(d) of the Land and Water Con12 servation Fund Act of 1965.’’.

13 SEC. 209. CONVERSION OF RECREATION PROPERTY.

14 Section 1010 (16 U.S.C. 2509) is amended to read

15 as follows:

16 ‘‘CONVERSION OF RECREATION PROPERTY

17 ‘‘SEC. 1010. (a)(1) No property developed, acquired,

18 or rehabilitated under this title shall, without the approval

19 of the Secretary, be converted to any purpose other than

20 public recreation purposes.

21 ‘‘(2) Paragraph (1) shall apply to—

22 ‘‘(A) property developed with amounts provided

23 under this title; and

24 ‘‘(B) the park, recreation, or conservation area

25 of which the property is a part.
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1 ‘‘(b)(1) The Secretary shall approve such conversion

2 only if the grantee demonstrates no prudent or feasible

3 alternative exists.

4 ‘‘(2) Paragraph (1) shall apply to property that is

5 no longer a viable recreation facility due to changes in de6 mographics or that must be abandoned because of environ7 mental contamination which endangers public health or

8 safety.

9 ‘‘(c) Any conversion must satisfy any conditions the

10 Secretary considers necessary to assure substitution of

11 other recreation property that is—

12 ‘‘(1) of at least equal fair market value, or rea13 sonably equivalent usefulness and location; and

14 ‘‘(2) in accord with the current recreation re15 covery action plan of the grantee.’’.

16 SEC. 210. AVAILABILITY OF AMOUNTS.

17 Section 1013 (16 U.S.C. 2512) is amended to read

18 as follows:

19 ‘‘APPROPRIATIONS

20 ‘‘SEC. 1013. (a) IN GENERAL.—

21 ‘‘(1) ESTABLISHMENT OF FUND.—There is es22 tablished in the Treasury of the United States a

23 fund that shall be known as the ‘Urban Park and

24 Recreation Recovery Fund’ (in this section referred

25 to as the ‘Fund’). The Fund shall consist of such

26 amounts as are deposited into the Fund under this
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1 subsection. Amounts in the fund shall only be used

2 to carry out this title.

3 ‘‘(2) DEPOSITS.—Subject to section 5 of the

4 Resources 2000 Act, from amounts received by the

5 United States as qualified Outer Continental Shelf

6 revenues there shall be deposited into the fund

7 $100,000,000 each fiscal year.

8 ‘‘(3) AVAILABILITY.—Of amounts in the fund,

9 up to $100,000,000 shall be available each fiscal

10 year without further appropriation, and shall remain

11 available until expended.

12 ‘‘(4) INVESTMENT OF EXCESS AMOUNTS.—The

13 Secretary of the Treasury shall invest moneys in the

14 Fund that are excess to expenditures in public debt

15 securities with maturities suitable to the needs of

16 the Fund, as determined by the Secretary of the

17 Treasury, and bearing interest at rates determined

18 by the Secretary of the Treasury, taking into consid19 eration current market yields on outstanding mar20 ketable obligations of the United States of com21 parable maturity. Interest earned on such invest22 ments shall be deposited into the Fund.

23 ‘‘(b) LIMITATIONS ON ANNUAL GRANTS.—Of

24 amounts available to the Secretary each fiscal year under

25 this section—
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1 ‘‘(1) not more that 3 percent may be used for

2 grants for the development of local park and recre3 ation recovery action programs pursuant to sections

4 1007(a) and 1007(c);

5 ‘‘(2) not more than 10 percent may be used for

6 innovation grants pursuant to section 1006; and

7 ‘‘(3) not more than 15 percent may be provided

8 as grants (in the aggregate) for projects in any one

9 State.

10 ‘‘(c) LIMITATION ON USE FOR GRANT ADMINISTRA11 TION.—The Secretary shall establish a limit on the portion

12 of any grant under this title that may be used for grant

13 and program administration.’’.

14 SEC. 211. REPEAL.

15 Section 1015 (16 U.S.C. 2514) is repealed.

16 TITLE III—HISTORIC

17 PRESERVATION FUND

18 SEC. 301. AVAILABILITY OF AMOUNTS.

19 Section 108 of the National Historic Preservation Act

20 (16 U.S.C. 470h) is amended—

21 (1) by inserting ‘‘(a)’’ before the first sentence;

22 (2) in subsection (a) (as designated by para23 graph (1) of this section) by striking ‘‘There shall be

24 covered into such fund’’ and all that follows through

25 ‘‘(43 U.S.C. 338),’’ and inserting ‘‘Subject to section
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1 5 of the Resources 2000 Act, there shall be depos2 ited into such fund $150,000,000 for each fiscal

3 year after fiscal year 1998 from revenues due and

4 payable to the United States as qualified Outer Con5 tinental Shelf revenues (as that term is defined in

6 section 4 of that Act),’’.

7 (3) by striking the third sentence of subsection

8 (a) (as so designated) and all that follows through

9 the end of the subsection and inserting ‘‘Such mon10 eys shall be used only to carry out the purposes of

11 this Act.’’; and

12 (4) by adding at the end the following:

13 ‘‘(b)(1) Of amounts in the fund, up to $150,000,000

14 shall be available each fiscal year after September 30,

15 1999, for obligation or expenditure without further appro16 priation to carry out the purposes of this Act, and shall

17 remain available until expended.

‘‘(2) At least 1 18 ⁄2 of the funds obligated or expended

19 each fiscal year under this section shall be used in accord20 ance with this Act for preservation projects on historic

21 properties. In making such funds available, the Secretary

22 shall give priority to the preservation of endangered his23 toric properties.

24 ‘‘(c) The Secretary of the Treasury shall invest mon25 eys in the fund that are excess to expenditures in public
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1 debt securities with maturities suitable to the needs of the

2 fund, as determined by the Secretary of the Treasury, and

3 bearing interest at rates determined by the Secretary of

4 the Treasury, taking into consideration current market

5 yields on outstanding marketable obligations of the United

6 States of comparable maturity. Interest earned on such

7 investments shall be deposited into the fund.’’.

8 TITLE IV—FARMLAND, RANCH9 LAND, OPEN SPACE, AND

10 FORESTLAND PROTECTION

11 SEC. 401. PURPOSE.

12 The purpose of this title is to provide a dedicated

13 source of funding to the Secretary of Agriculture and the

14 Secretary of the Interior for programs to provide matching

15 grants to certain eligible entities to facilitate the purchase

16 of conservation easements on farmland, ranchland, open

17 space, and forestland in order to—

18 (1) protect the ability of these lands to continue

19 in productive sustainable agricultural use; and

20 (2) prevent the loss of their value to the public

21 as open space because of nonagricultural develop22 ment.
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1 SEC. 402. FARMLAND, RANCHLAND, OPEN SPACE, AND

2 FORESTLAND PROTECTION FUND; AVAIL3 ABILITY OF AMOUNTS.

4 (a) ESTABLISHMENT OF FUND.—There is estab5 lished in the Treasury of the United States a fund that

6 shall be known as the ‘‘Farmland, Ranchland, Open

7 Space, and Forestland Protection Fund’’ (in this title re8 ferred to as the ‘‘Fund’’). Subject to section 5 of this Act,

9 there shall be deposited into the Fund $150,000,000 of

10 qualified Outer Continental Shelf revenues received by the

11 United States each fiscal year.

12 (b) AVAILABILITY.—Amounts in the Fund shall be

13 available as provided in section 403, without further ap14 propriation, and shall remain available until expended.

15 (c) INVESTMENT OF EXCESS AMOUNTS.—The Sec16 retary of the Treasury shall invest moneys in the Fund

17 that are excess to expenditures in public debt securities

18 with maturities suitable to the needs of the Fund, as de19 termined by the Secretary of the Treasury, and bearing

20 interest at rates determined by the Secretary of the Treas21 ury, taking into consideration current market yields on

22 outstanding marketable obligations of the United States

23 of comparable maturity. Interest earned on such invest24 ments shall be deposited into the Fund.
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1 SEC. 403. AUTHORIZED USES OF FARMLAND, RANCHLAND,

2 OPEN SPACE, AND FORESTLAND PROTEC3 TION FUND.

4 (a) FARMLAND PROTECTION PROGRAM.—The Sec5 retary of Agriculture may use up to $50,000,000 annually

6 from the Farmland, Ranchland, Open Space, and

7 Forestland Protection Fund for the Farmland Protection

8 Program established under section 388 of the Federal Ag9 riculture Improvement and Reform Act of 1996 (Public

10 Law 104–127; 16 U.S.C. 3830 note), as amended by sec11 tion 404.

12 (b) RANCHLAND PROTECTION PROGRAM.—The Sec13 retary of the Interior may use up to $50,000,000 annually

14 from the Fund for the Ranchland Protection Program es15 tablished by section 405.

16 (c) FOREST LEGACY PROGRAM.—The Secretary of

17 Agriculture may use up to $50,000,000 annually from the

18 Fund for the Forest Legacy Program established by sec19 tion 7 of the Cooperative Forestry Assistance Act of 1978

20 (16 U.S.C. 2103c).

21 SEC. 404. FARMLAND PROTECTION PROGRAM.

22 (a) EXPANSION OF EXISTING PROGRAM.—Section

23 388 of the Federal Agriculture Improvement and Reform

24 Act of 1996 (Public Law 104–127; 16 U.S.C. 3830 note)

25 is amended to read as follows:
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1 ‘‘SEC. 388. FARMLAND PROTECTION PROGRAM.

2 ‘‘(a) GRANTS AUTHORIZED; PURPOSE.—The Sec3 retary of Agriculture shall establish and carry out a pro4 gram, to be known as the ‘Farmland Protection Program’,

5 under which the Secretary shall provide grants to eligible

6 entities described in subsection (c) to provide the Federal

7 share of the cost of purchasing permanent conservation

8 easements in land with prime, unique, or other productive

9 soil for the purpose of protecting the continued use of the

10 land as farmland or open space by limiting nonagricultural

11 uses of the land.

12 ‘‘(b) FEDERAL SHARE.—The Federal share of the

13 cost of purchasing a conservation easement described in

14 subsection (a) may not exceed 50 percent of the total cost

15 of purchasing the easement.

16 ‘‘(c) ELIGIBLE ENTITY DEFINED.—In this section,

17 the term ‘eligible entity’ means—

18 ‘‘(1) an agency of a State or local government;

19 ‘‘(2) a federally recognized Indian tribe; or

20 ‘‘(3) any organization that is organized for, and

21 at all times since its formation has been operated

22 principally for, one or more of the conservation pur23 poses specified in clause (i), (ii), or (iii) of section

24 170(h)(4)(A) of the Internal Revenue Code of 1986

25 and—
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1 ‘‘(A) is described in section 501(c)(3) of

2 the Code;

3 ‘‘(B) is exempt from taxation under section

4 501(a) of the Code; and

5 ‘‘(C) is described in paragraph (2) of sec6 tion 509(a) of the Code, or paragraph (3) of

7 such section, but is controlled by an organiza8 tion described in paragraph (2) of such section.

9 ‘‘(d) TITLE; ENFORCEMENT.—Any eligible entity

10 may hold title to a conservation easement described in

11 subsection (a) and enforce the conservation requirements

12 of the easement.

13 ‘‘(e) STATE CERTIFICATION.—As a condition of the

14 receipt by an eligible entity of a grant under subsection

15 (a), the attorney general of the State in which the con16 servation easement is to be purchased using the grant

17 funds shall certify that the conservation easement to be

18 purchased is in a form that is sufficient, under the laws

19 of the State, to achieve the conservation purpose of the

20 Farmland Protection Program and the terms and condi21 tions of the grant.

22 ‘‘(f) CONSERVATION PLAN.—Any land for which a

23 conservation easement is purchased under this section

24 shall be subject to the requirements of a conservation plan
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1 to the extent that the plan does not negate or adversely

2 affect the restrictions contained in the easement.

3 ‘‘(g) TECHNICAL ASSISTANCE.—The Secretary of Ag4 riculture may not use more than 10 percent of the amount

5 that is made available for any fiscal year under this pro6 gram to provide technical assistance to carry out this sec7 tion.’’.

8 (b) EFFECT ON EXISTING EASEMENTS.—The

9 amendment made by subsection (a) shall not affect the

10 validity or terms of conservation easements and other in11 terests in lands purchased under section 388 of the Fed12 eral Agriculture Improvement and Reform Act of 1996

13 (Public Law 104–127; 16 U.S.C. 3830 note) before the

14 date of the enactment of this Act.

15 SEC. 405. RANCHLAND PROTECTION PROGRAM.

16 (a) GRANTS AUTHORIZED; PURPOSE.—The Sec17 retary of Interior shall establish and carry out a program,

18 to be known as the ‘‘Ranchland Protection Program’’,

19 under which the Secretary shall provide grants to eligible

20 entities described in subsection (c) to provide the Federal

21 share of the cost of purchasing permanent conservation

22 easements on ranchland, which is in danger of conversion

23 to nonagricultural uses, for the purpose of protecting the

24 continued use of the land as ranchland or open space.
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1 (b) FEDERAL SHARE.—The Federal share of the cost

2 of purchasing a conservation easement described in sub3 section (a) may not exceed 50 percent of the total cost

4 of purchasing the easement.

5 (c) ELIGIBLE ENTITY DEFINED.—In this section, the

6 term ‘‘eligible entity’’ means—

7 (1) an agency of a State or local government;

8 (2) a federally recognized Indian tribe; or

9 (3) any organization that is organized for, and

10 at all times since its formation has been operated

11 principally for, one or more of the conservation pur12 poses specified in clause (i), (ii), or (iii) of section

13 170(h)(4)(A) of the Internal Revenue Code of 1986

14 and—

15 (A) is described in section 501(c)(3) of the

16 Code;

17 (B) is exempt from taxation under section

18 501(a) of the Code; and

19 (C) is described in paragraph (2) of section

20 509(a) of the Code, or paragraph (3) of such

21 section, but is controlled by an organization de22 scribed in paragraph (2) of such section.

23 (d) TITLE; ENFORCEMENT.—Any eligible entity may

24 hold title to a conservation easement described in sub-
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1 section (a) and enforce the conservation requirements of

2 the easement.

3 (e) STATE CERTIFICATION.—As a condition of the re4 ceipt by an eligible entity of a grant under subsection (a),

5 the attorney general of the State in which the conservation

6 easement is to be purchased using the grant funds shall

7 certify that the conservation easement to be purchased is

8 in a form that is sufficient, under the laws of the State,

9 to achieve the conservation purpose of the Ranchland Pro10 tection Program and the terms and conditions of the

11 grant.

12 (f) CONSERVATION PLAN.—Any land for which a

13 conservation easement is purchased under this section

14 shall be subject to the requirements of a conservation plan

15 to the extent that the plan does not negate or adversely

16 affect the restrictions contained in the easement.

17 (g) RANCHLAND DEFINED.—In this section, the term

18 ‘‘ranchland’’ means private or tribally owned rangeland,

19 pastureland, grazed forest land, and hay land.

20 (h) TECHNICAL ASSISTANCE.—The Secretary of the

21 Interior may not use more than 10 percent of the amount

22 that is made available for any fiscal year under this pro23 gram to provide technical assistance to carry out this sec24 tion.
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1 TITLE V—FEDERAL AND INDIAN

2 LANDS RESTORATION FUND

3 SEC. 501. PURPOSE.

4 The purpose of this title is to provide a dedicated

5 source of funding for a coordinated program on Federal

6 and Indian lands to restore degraded lands, protect re7 sources that are threatened with degradation, and protect

8 public health and safety.

9 SEC. 502. FEDERAL AND INDIAN LANDS RESTORATION

10 FUND; AVAILABILITY OF AMOUNTS; ALLOCA11 TION.

12 (a) ESTABLISHMENT OF FUND.—There is estab13 lished in the Treasury of the United States a fund that

14 shall be known as the ‘‘Federal and Indian Lands Restora15 tion Fund’’. Subject to section 5 of this Act, there shall

16 be deposited into the fund $250,000,000 of qualified

17 Outer Continental Shelf revenues received by the United

18 States each fiscal year. Amounts in the fund shall only

19 be used to carry out the purpose of this title.

20 (b) AVAILABILITY.—Of amounts in the fund, up to

21 $250,000,000 shall be available each fiscal year without

22 further appropriation, and shall remain available until ex23 pended.

24 (c) ALLOCATION.—Amounts made available under

25 this section shall be allocated as follows:
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1 (1) DEPARTMENT OF THE INTERIOR.—60 per2 cent shall be available to the Secretary of the Inte3 rior to carry out the purpose of this title on lands

4 within the National Park System, National Wildlife

5 Refuge System, and public lands administered by

6 the Bureau of Land Management.

7 (2) DEPARTMENT OF AGRICULTURE.—30 per8 cent shall be available to the Secretary of Agri9 culture to carry out the purpose of this title on lands

10 within the National Forest System.

11 (3) INDIAN TRIBES.—10 percent shall be avail12 able to the Secretary of the Interior for competitive

13 grants to qualified Indian tribes under section

14 503(b).

15 (d) INVESTMENT OF EXCESS AMOUNTS.—The Sec16 retary of the Treasury shall invest moneys in the fund that

17 are excess to expenditures in public debt securities with

18 maturities suitable to the needs of the fund, as determined

19 by the Secretary of the Treasury, and bearing interest at

20 rates determined by the Secretary of the Treasury, taking

21 into consideration current market yields on outstanding

22 marketable obligations of the United States of comparable

23 maturity. Interest earned on such investments shall be de24 posited into the fund.
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1 SEC. 503. AUTHORIZED USES OF FUND.

2 (a) IN GENERAL.—Funds made available pursuant to

3 this title shall be used solely for restoration of degraded

4 lands, resource protection, maintenance activities related

5 to resource protection, or protection of public health or

6 safety.

7 (b) COMPETITIVE GRANTS TO INDIAN TRIBES.—

8 (1) GRANT AUTHORITY.—The Secretary of the

9 Interior shall administer a competitive grant pro10 gram for Indian tribes, using such criteria as may

11 be developed by the Secretary to achieve the purpose

12 of this title.

13 (2) LIMITATION.—The amount received for a

14 fiscal year by a single Indian tribe in the form of

15 grants under this subsection may not exceed 10 per16 cent of the total amount provided to all Indian tribes

17 for that fiscal year in the form of such grants.

18 (c) PRIORITY LIST.—The Secretary of the Interior

19 and the Secretary of Agriculture shall each establish prior20 ity lists for the use of funds available under this title.

21 Each list shall give priority to projects based upon the pro22 tection of significant resources, the severity of damages

23 or threats to resources, and the protection of public health

24 or safety.

25 (d) COMPLIANCE WITH APPLICABLE PLANS.—Any

26 project carried out on Federal lands with amounts pro-
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1 vided under this title shall be carried out in accordance

2 with all management plans that apply under Federal law

3 to the lands.

4 (e) TRACKING RESULTS.—Not later than the end of

5 the first full fiscal year for which funds are available under

6 this title, the Secretary of the Interior and the Secretary

7 of Agriculture shall jointly establish a coordinated pro8 gram for—

9 (1) tracking the progress of activities carried

10 out with amounts made available by this title; and

11 (2) determining the extent to which demon12 strable results are being achieved by those activities.

13 SEC. 504. INDIAN TRIBE DEFINED.

14 In this title, the term ‘‘Indian tribe’’ means an Indian

15 or Alaska Native tribe, band, nation, pueblo, village, or

16 community that the Secretary of the Interior recognizes

17 as an Indian tribe under section 104 of the Federally Rec18 ognized Indian Tribe List Act of 1994 (25 U.S.C. 479a–

19 1).
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1 TITLE VI—LIVING MARINE RE2 SOURCES CONSERVATION,

3 RESTORATION, AND MANAGE4 MENT ASSISTANCE

5 SEC. 601. PURPOSE.

6 The purpose of this title is to provide a dedicated

7 source of funding for a coordinated program to—

8 (1) preserve biological diversity and natural as9 semblages of living marine resources, and their habi10 tat; and

11 (2) provide financial assistance to the coastal

12 States, private citizens, and nongovernmental enti13 ties for the conservation, restoration, and manage14 ment of living marine resources and their habitat.

15 SEC. 602. FINANCIAL ASSISTANCE TO COASTAL STATES.

16 (a) AUTHORIZATION OF ASSISTANCE.—

17 (1) IN GENERAL.—The Secretary may use

18 amounts allocated to an eligible coastal State under

19 subsection (b) to reimburse the State for costs de20 scribed in paragraph (3) that are incurred by the

21 State.

22 (2) ELIGIBLE COASTAL STATES.—A coastal

23 State shall be an eligible coastal State under para24 graph (1) if—
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1 (A) the State has a Living Marine Re2 sources Conservation Plan that is approved

3 under subsection (d); or

4 (B) the Secretary determines that the

5 State is making sufficient progress toward com6 pletion of such a plan.

7 (3) COSTS ELIGIBLE FOR REIMBURSEMENT.—

8 The costs referred to in paragraph (1) are the fol9 lowing:

10 (A) The costs of developing a Living Ma11 rine Resources Conservation Plan pursuant to

12 subsection (d), as follows:

13 (i) Not to exceed 90 of such costs in14 curred in each of the first three fiscal

15 years that begin after the date of the en16 actment of this Act.

17 (ii) Not to exceed 75 percent of such

18 costs incurred in each of the fourth and

19 fifth fiscal years that begin after the date

20 of the enactment of this Act.

21 (iii) Not to exceed 75 percent of such

22 costs incurred in the sixth or seventh year

23 that begins after the date of the enactment

24 of this Act (or both), upon a showing by

25 the State of a need for that assistance for
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1 that year and a finding by the Secretary

2 that the plan is likely to be completed

3 within that 2-fiscal-year period.

4 (B) Not to exceed 75 percent of the costs

5 of implementing and revising an approved con6 servation plan.

7 (C) Not to exceed 90 percent of imple8 menting conservation actions under an ap9 proved conservation plan that are undertaken—

10 (i) in cooperation with one or more

11 other coastal States; or

12 (ii) in coordination with Federal ac13 tions for the conservation, restoration, or

14 management of living marine resources.–

15 (4) EMERGENCY FUNDING.—Notwithstanding

16 paragraph (1), the Secretary may reimburse a coast17 al State for 100 percent of the cost of conservation

18 actions on a showing of need by the State and if

19 those actions—

20 (A) are substantial in character and de21 sign;

22 (B) meet such of the requirements of sub23 section (d) as may be appropriate; and

24 (C) are considered by the Secretary to be

25 necessary to fulfill the purpose of this title.
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1 (5) IN-KIND CONTRIBUTIONS; LIMITATION ON

2 INCLUDED COSTS.—(A) In computing the costs in3 curred by any State during any fiscal year for pur4 poses of paragraphs (1) and (4), the Secretary, sub5 ject to subparagraph (B), shall take into account, in

6 addition to each outlay by the State, the value of in7 kind contributions (including real and personal prop8 erty and services) received and applied by the State

9 during the year for activities for which the costs are

10 computed.

11 (B) In computing the costs incurred by any

12 State during any fiscal year for purposes of para13 graphs (1) and (4)—

14 (i) the Secretary shall not include costs

15 paid by the State using Federal moneys re16 ceived and applied by the State, directly or indi17 rectly, for the activities for which the costs are

18 computed; and

19 (ii) the Secretary shall not include in-kind

20 contributions in excess of 50 percent of the

21 amount of reimbursement paid to the State

22 under this subsection for the fiscal year.

23 (C) For purposes of subparagraph (A), in-kind

24 contributions may be in the form of, but are not re25 quired to be limited to, personal services rendered by
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1 volunteers in carrying out surveys, censuses, and

2 other scientific studies regarding living marine re3 sources. The Secretary shall by regulation

4 establish—

5 (i) the training, experience, and other

6 qualifications which such volunteers must have

7 in order for their services to be considered as

8 in-kind contributions; and

9 (ii) the standards under which the Sec10 retary will determine the value of in-kind con11 tributions and real and personal property for

12 purposes of subparagraph (A).

13 (D) Any valuation determination made by the

14 Secretary for purposes of this paragraph shall be

15 final and conclusive.

16 (b) ALLOCATION OF FUNDS.—

17 (1) IN GENERAL.—The Secretary shall allocate

18 among all coastal States the funds available each fis19 cal year under section 604(b), as follows:

(A) A portion equal to 2 20 ⁄3 of the funds

21 shall be allocated by allocating to each coastal

22 State an amount that bears the same ratio to

23 that portion as the coastal population of the

24 State bears to the total coastal population of all

25 coastal States.
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(B) A portion equal to 1 1 ⁄3 of the funds

2 shall be allocated by allocating to each coastal

3 State an amount that bears the same ratio to

4 that portion as the shoreline miles of the State

5 bears to the shoreline miles of all coastal

6 States.

7 (2) MINIMUM AND MAXIMUM ALLOCATIONS.—

8 Notwithstanding paragraph (1), the total amount al9 located to a coastal State under subparagraphs (A)

10 and (B) of paragraph (1) for a fiscal year shall be

not less than 1 11 ⁄2 of one percent, and not more than

12 10 percent, of the total amount of funds available

13 under section 604(b) for the fiscal year.

14 (c) AVAILABILITY OF FUNDS TO STATES.—

15 (1) IN GENERAL.—Amounts allocated to a

16 coastal State under this section for a fiscal year

17 shall be available for expenditure by the State in ac18 cordance with this section without further appropria19 tion, and shall remain available for expenditure for

20 the subsequent fiscal year.

21 (2) REVERSION.—(A) Except as provided in

22 subparagraph (B), amounts allocated under sub23 section (b)(1) to a coastal State for a fiscal year

24 that are not expended before the end of the subse25 quent fiscal year shall, upon the expiration of the
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1 subsequent fiscal year, revert to the Fund and re2 main available for reallocation under subsection (b).

3 (B) Subparagraph (A) shall not apply to

4 amounts that are otherwise subject to reallocation

5 under this paragraph if the Secretary certifies in

6 writing that the purposes of this title would be bet7 ter served if the amounts remained available for use

8 by the coastal State.

9 (C) Amounts that remain available to a coastal

10 State pursuant to a certification under subpara11 graph (B) may remain available for a period speci12 fied by the Secretary in the certification, which shall

13 not exceed 2 fiscal years.

14 (d) APPROVAL OF COASTAL STATE LIVING MARINE

15 RESOURCES CONSERVATION PLANS.—

16 (1) SUBMISSION.—A coastal State that seeks fi17 nancial assistance under this section shall submit to

18 the Secretary, in such manner as the Secretary shall

19 by regulation prescribe, an application that contains

20 a proposed Living Marine Resources Conservation

21 Plan.

22 (2) REVIEW AND APPROVAL.—As soon as is

23 practicable, but no later than 180 days, after the

24 date on which a coastal State submits (or resubmits

25 in the case of a prior disapproval) an application for
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1 the approval of a proposed Living Marine Resources

2 Conservation Plan, the Secretary shall—

3 (A) approve the plan, if the Secretary de4 termines that the plan—

5 (i) fulfills the purpose of this title;

6 (ii) is substantial in character and de7 sign; and

8 (iii) meets the requirements set forth

9 in subsection (e); or

10 (B) if the proposed plan does not meet the

11 criteria set forth in subparagraph (A), dis12 approve the conservation plan and provide the

13 coastal State—

14 (i) a written statement of the reasons

15 for disapproval;

16 (ii) an opportunity to consult with the

17 Secretary regarding deficiencies in the plan

18 and the modifications required for ap19 proval; and

20 (iii) an opportunity to revise and re21 submit the plan.

22 (e) LIVING MARINE RESOURCES CONSERVATION

23 PLANS.—The Secretary may not approve an Living Ma24 rine Resources Conservation Plan proposed by a coastal

25 State unless the Secretary determines that the plan—
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1 (1) promotes balanced and diverse assemblages

2 of living marine resources;

3 (2) provides for the vesting in a designated

4 State agency the overall responsibility for the devel5 opment and revision of the plan;

6 (3) provides for an inventory of the living ma7 rine resources that are within the waters of the

8 State and are of value to the public for ecological,

9 economic, cultural, recreational, scientific, edu10 cational, and esthetic benefits;

11 (4) with respect to species inventoried under

12 paragraph (3) (in this subsection referred to as

13 ‘‘plan species’’), provides for—

14 (A) determination of the size, range, and

15 distribution of their populations; and

16 (B) identification of the extent, condition,

17 and location of their habitats;

18 (5) provides for identification of any significant

19 factors which may adversely affect the plan species

20 and their habitats;

21 (6) provides for determination and implementa22 tion of the actions that should be taken to conserve,

23 restore, and manage the plan species and their habi24 tats;
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1 (7) provides for establishment of priorities for

2 implementing conservation actions determined under

3 paragraph (6);

4 (8) provides for the monitoring, on a regular

5 basis, of the plan species and the effectiveness of the

6 conservation actions determined under paragraph

7 (6);

8 (9) provides for review and, if appropriate, revi9 sion of the plan, at intervals of not more than 3

10 years;

11 (10) ensures that the public is given oppor12 tunity to make its views known and considered dur13 ing the development, revision, and implementation of

14 the plan;

15 (11) identifies and establishes mechanisms for

16 coordinating conservation, restoration, and manage17 ment actions under the plan with appropriate Fed18 eral and interstate bodies with responsibility for liv19 ing marine resources management and conservation;

20 and

21 (12) provides for consultation by the State

22 agency designated under paragraph (2), as appro23 priate, with Federal and State agencies, interstate

24 bodies, nongovernmental entities, and the private

25 sector during the development, revision, and imple-
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•HR 798 IH

1 mentation of the plan, in order to minimize duplica2 tion of effort and to ensure that the best informa3 tion is available to all parties.

4 SEC. 603. OCEAN CONSERVATION PARTNERSHIPS.

5 (a) IN GENERAL.—The Secretary may use amounts

6 available under section 604(b) to make grants for the con7 servation, restoration, or management of living marine re8 sources.

9 (b) ELIGIBILITY AND APPLICATION.—Any person

10 may apply to the Secretary for a grant under this section,

11 in such manner as the Secretary shall by regulation pre12 scribe.

13 (c) REVIEW PROCESS.—Not later than 6 months

14 after receiving an application for a grant under this sec15 tion, the Secretary shall—

16 (1) request written comments on the project

17 proposal contained in the application from each

18 State or territory of the United States, and from

19 each Regional Fishery Management Council estab20 lished under the Magnuson-Stevens Fishery Con21 servation and Management Act (16 U.S.C. 1801 et

22 seq.), having jurisdiction over any area in which the

23 project is proposed to be carried out;
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1 (2) provide for the merit-based peer review of

2 the project proposal and require standardized docu3 mentation of that peer review;

4 (3) after reviewing any written comments and

5 recommendations received under subsection (c)(1),

6 and based on such comments and recommendations

7 and peer review, approve or disapprove the proposal;

8 and

9 (4) provide written notification of that approval

10 or disapproval to the applicant.

11 (d) CRITERIA FOR APPROVAL.—The Secretary may

12 approve a proposal for a grant under this section only if

13 the Secretary determines that the proposed project—

14 (1) fulfills the purposes of this title;

15 (2) is substantial in character and design; and

16 (3) provide for the long-term conservation, res17 toration, or management of living marine resources.

18 (e) PRIORITY CONSIDERATION.—In approving and

19 disapproving proposals under this section, the Secretary

20 shall give priority to funding proposed projects that, in

21 addition to satisfying the criteria of subsection (d), will—

22 (1) establish or enhance existing cooperation

23 and coordination between the public and private sec24 tors;
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1 (2) assist in achieving the objectives of a Na2 tional Estuary, National Marine Sanctuary, National

3 Estuarine Research, Reserve, or other marine pro4 tected area established under Federal or State law;

5 or

6 (3) assist in the conservation and enhancement

7 of essential fish habitat pursuant to the Magnuson

8 Fishery Conservation and Management Act (16

9 U.S.C. 1801 et seq.).

10 (f) LIMITATION ON AMOUNT OF GRANTS.—The

11 amount provided to a private person in a fiscal year in

12 the form of a grant under this section may not exceed

13 2 percent of the total amount available for the fiscal year

14 for such grants.

15 (g) TERMS AND CONDITIONS OF GRANTS.—The Sec16 retary shall require that each grantee under this section

17 shall conform with such record-keeping requirements, re18 porting requirements, and other terms and conditions as

19 the Secretary shall by regulation prescribe.

20 SEC. 604. LIVING MARINE RESOURCES CONSERVATION

21 FUND; AVAILABILITY OF AMOUNTS.

22 (a) ESTABLISHMENT OF FUND.—

23 (1) IN GENERAL.—There is established in the

24 Treasury of the United States a fund which shall be
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1 known as the ‘‘Living Marine Resources Conserva2 tion Fund’’.

3 (2) CONTENTS.—The Fund shall consist of—

4 (A) amounts deposited into the Fund

5 under this section; and

6 (B) amounts that revert to the Fund under

7 section 602(c)(2).

8 (3) DEPOSIT OF OCS REVENUES.—Subject to

9 section 5 of this Act, from amounts received by the

10 United States as qualified Outer Continental Shelf

11 revenues each fiscal year, there shall be deposited

12 into the Fund the following:

13 (A) For each of fiscal years 2000 and

14 2001, $100,000,000.

15 (B) For each of fiscal years 2002, 2003,

16 and 2004, $200,000,000.

17 (C) For each of fiscal year 2005 and each

18 fiscal year thereafter, $300,000,000.

19 (b) AVAILABILITY OF AMOUNTS.—

20 (1) IN GENERAL.—Of amounts in the Fund, up

21 to the amount stated for a fiscal year in paragraph

22 (3) shall be available to the Secretary for that fiscal

23 year without further appropriation to carry out this

24 title, and shall remain available until expended.
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1 (2) USE.—Of the amounts expended under this

2 subsection for a fiscal year—

(A) 2 3 ⁄3 shall be used by the Secretary for

4 providing financial assistance to coastal States

5 under section 602; and

(B) 1 6 ⁄3 shall be used by the Secretary for

7 grants under section 603.

8 (c) INVESTMENT OF EXCESS AMOUNTS.—The Sec9 retary of the Treasury shall invest moneys in the Fund

10 that are excess to expenditures in public debt securities

11 with maturities suitable to the needs of the Fund, as de12 termined by the Secretary of the Treasury, and bearing

13 interest at rates determined by the Secretary of the Treas14 ury, taking into consideration current market yields on

15 outstanding marketable obligations of the United States

16 of comparable maturity. Interest earned on such invest17 ments shall be deposited into the Fund.

18 SEC. 605. DEFINITIONS.

19 In this title:

20 (1) COASTAL POPULATION.—The term ‘‘coastal

21 population’’ means the population of all political

22 subdivisions, as determined by the most recent offi23 cial data of the Census Bureau, contained in whole

24 or in part within the designated coastal boundary of

25 a State as defined in a State’s coastal zone manage-
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1 ment program under the Coastal Zone Management

2 Act of 1972 (16 U.S.C. 1451 et seq.).

3 (2) FUND.—The term ‘‘Fund’’ means the Liv4 ing Marine Resources Conservation Fund established

5 by section 604.

6 (3) SECRETARY.—The term ‘‘Secretary’’ means

7 the Secretary of Commerce.

8 (4) LIVING MARINE RESOURCES.—The term

9 ‘‘living marine resources’’ means indigenous fin fish,

10 anadromous fish, mollusks, crustaceans, and all

11 other forms of marine animal and plant life, includ12 ing marine mammals and birds, that inhabit marine

13 or brackish waters of the United States during all

14 or part of their life cycle.

15 TITLE VII—FUNDING FOR STATE

16 NATIVE FISH AND WILDLIFE

17 CONSERVATION AND RES18 TORATION

19 SEC. 701. AMENDMENTS TO FINDINGS AND PURPOSES.

20 (a) FINDINGS.—Section 2(a) of the Fish and Wildlife

21 Conservation Act of 1980 (16 U.S.C. 2901(a)) is

22 amended—

23 (1) in paragraph (1) by striking ‘‘Fish and

24 wildlife’’ and inserting ‘‘Native fish and wildlife’’;

25 (2) in paragraph (2)—
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1 (A) by striking ‘‘fish and wildlife, particu2 larly nongame fish and wildlife’’ and inserting

3 ‘‘native fish and wildlife, particularly nongame

4 species’’; and

5 (B) by striking ‘‘maintaining fish and wild6 life’’ and inserting ‘‘maintaining biological di7 versity’’;

8 (3) in paragraph (3) by striking ‘‘fish and wild9 life’’ and inserting ‘‘native fish and wildlife’’;

10 (4) in paragraph (4) by striking ‘‘nongame fish

11 and wildlife’’ and inserting ‘‘native fish and wild12 life’’; and

13 (5) in paragraph (5) by striking ‘‘fish and wild14 life’’ and all that follows through the end of the sen15 tence and inserting ‘‘native fish and wildlife.’’.

16 (b) PURPOSES.—Section 2(b) of the Fish and Wild17 life Conservation Act of 1980 (16 U.S.C. 2901(b)) is

18 amended—

19 (1) by striking ‘‘nongame fish and wildlife’’

20 each place it appears and inserting ‘‘native fish and

21 wildlife’’;

22 (2) by redesignating paragraphs (1) and (2) as

23 paragraphs (2) and (3), respectively, and inserting

24 before paragraph (2) (as so redesignated) the follow25 ing:
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1 ‘‘(1) to preserve biological diversity by main2 taining natural assemblages of native fish and wild3 life;’’; and

4 (3) in paragraph (2), as redesignated, by insert5 ing after ‘‘States’’ the following: ‘‘(and through the

6 States to local governments where appropriate)’’.

7 SEC. 702. DEFINITIONS.

8 Section 3 of the Fish and Wildlife Conservation Act

9 of 1980 (16 U.S.C. 2902) is amended—

10 (1) in paragraph (2) by striking ‘‘fish and wild11 life’’ and inserting ‘‘native fish and wildlife’’;

12 (2) in paragraph (3)—

13 (A) by striking ‘‘fish and wildlife’’ and in14 serting ‘‘native fish and wildlife’’; and

15 (B) by striking ‘‘development’’ and insert16 ing ‘‘and restoration’’;

17 (3) in paragraph (4) by striking ‘‘fish and wild18 life’’ and inserting ‘‘native fish and wildlife’’;

19 (4) by amending paragraph (5) to read as fol20 lows:

21 ‘‘(5) The term ‘native fish and wildlife’—

22 ‘‘(A) subject to subparagraph (B), means a

23 fish, animal, or plant species that—
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1 ‘‘(i) historically occurred or currently

2 occurs in an ecosystem, other than as a re3 sult of an introduction; and

4 ‘‘(ii) lives in an unconfined state; and

5 ‘‘(B) does not include any population of a

6 domesticated species that has reverted to a feral

7 existence.

8 Any determination by the Secretary that a species is

9 or is not a species of native fish and wildlife for pur10 poses of this Act shall be final.’’;

11 (5) by striking paragraph (6) and redesignating

12 paragraphs (7) and (8) as paragraphs (6) and (7),

13 respectively; and

14 (6) by adding at the end the following:

15 ‘‘(8) The term ‘Native Wildlife Fund’ means

16 the Native Fish and Wildlife Conservation and Res17 toration Fund established by section 11.

18 ‘‘(9) The term ‘qualified Outer Continental

19 Shelf revenues’ has the meaning given that term in

20 section 4 of the Resources 2000 Act.’’.

21 SEC. 703. CONSERVATION PLANS.

22 Section 4 of the Fish and Wildlife Conservation Act

23 of 1980 (16 U.S.C. 2903) is amended—

24 (1) by redesignating paragraphs (1) through

25 (10) in order as paragraphs (2) through (11);
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1 (2) by inserting before paragraph (2) (as so re2 designated) the following:

3 ‘‘(1) promote balanced and diverse assemblages

4 of native fish and wildlife;’’;

5 (3) in paragraph (3) (as so redesignated) by

6 striking ‘‘nongame’’ and all that follows through

7 ‘‘appropriate,’’ and inserting ‘‘native fish and wild8 life’’;

9 (4) in paragraph (4) (as so redesignated) by

10 striking ‘‘(2)’’ and inserting ‘‘(3)’’;

11 (5) in paragraph (5) (as so redesignated) by

12 striking ‘‘problems’’ and inserting ‘‘factors’’; and

13 (6) in paragraphs (7) and (8) (as so redesig14 nated) by striking ‘‘(5)’’ and inserting ‘‘(6)’’.

15 SEC. 704. CONSERVATION ACTIONS IN ABSENCE OF CON16 SERVATION PLAN.

17 (a) IN GENERAL.—Section 5 of the Fish and Wildlife

18 Conservation Act of 1980 (16 U.S.C. 2904) is amended—

19 (1) in the section heading by striking

20 ‘‘NONGAME’’;

21 (2) by striking subsection (c), and redesignating

22 subsection (d) as subsection (c); and

23 (3) in subsection (c) (as so redesignated) by—

24 (A) in the subsection heading, by striking

25 ‘‘NONGAME’’;
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1 (B) striking ‘‘nongame fish and wildlife’’

2 and inserting ‘‘native fish and wildlife’’; and

3 (C) striking ‘‘and’’ after the semicolon at

4 the end of paragraph (1), striking the period at

5 the end of paragraph (2) and inserting ‘‘; and’’,

6 and adding at the end the following:

7 ‘‘(3) are consistent with the purposes of this

8 Act.’’.

9 (b) CONFORMING AMENDMENTS.—Section 6 of the

10 Fish and Wildlife Conservation Act of 1980 (16 U.S.C.

11 2905) is amended by striking ‘‘section 5(c) and (d)’’ each

12 place it appears and inserting ‘‘section 5(c)’’.

13 SEC. 705. AMENDMENTS RELATING TO REIMBURSEMENT

14 PROCESS.

15 Section 6 of the Fish and Wildlife Conservation Act

16 of 1980 (16 U.S.C. 2905) is amended—

17 (1) in the section heading by striking

18 ‘‘NONGAME’’;

19 (2) in subsection (a)(3) by striking ‘‘nongame

20 fish and wildlife’’;

21 (3) in subsection (d) by striking ‘‘appropriated’’

22 and inserting ‘‘available’’;

23 (4) in subsection (e)(2)—

24 (A) in subparagraph (A) by striking

25 ‘‘1991’’ and inserting ‘‘2010’’;
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1 (B) in subparagraph (B)—

2 (i) by striking ‘‘1986’’ and inserting

3 ‘‘2005’’;

4 (ii) by striking ‘‘section 5(d)’’ and in5 serting ‘‘section 5(c)’’;

6 (iii) by striking ‘‘nongame fish and

7 wildlife’’ and inserting ‘‘conservation’’; and

8 (iv) by adding ‘‘or’’ after the semi9 colon;

10 (C) by striking subparagraphs (C), (D),

11 and (E);

12 (D) by redesignating subparagraph (F) as

13 subparagraph (C);

14 (E) in subparagraph (C) (as so redesig15 nated) by striking ‘‘nongame fish and wildlife’’

16 and inserting ‘‘native fish and wildlife’’; and

17 (F) in subparagraph (C)(ii) (as so redesig18 nated) by striking ‘‘10 percent’’ and inserting

19 ‘‘50 percent’’;

20 (5) in subsection (e)(3)—

21 (A) in subparagraph (A) by striking

22 ‘‘1982, 1983, and 1984’’ and inserting ‘‘2001,

23 2002, and 2003’’;

24 (B) in subparagraph (B) by striking

25 ‘‘nongame fish and wildlife’’; and
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1 (C) by amending subparagraph (D) to read

2 as follows:

3 ‘‘(D) after September 30, 2010, may not

4 exceed 75 percent of the cost of implementing

5 and revising the plan during the fiscal year.’’;

6 and

7 (6) in subsection (e)(4)—

8 (A) in subparagraph (A) by striking

9 ‘‘nongame fish and wildlife’’; and

10 (B) in subparagraph (B) by striking ‘‘fish

11 and wildlife’’ and inserting ‘‘native fish and

12 wildlife’’.

13 SEC. 706. ESTABLISHMENT OF NATIVE FISH AND WILDLIFE

14 CONSERVATION AND RESTORATION TRUST

15 FUND; AVAILABILITY OF AMOUNTS.

16 (a) ESTABLISHMENT OF FUND.—Section 11 of the

17 Fish and Wildlife Conservation Act of 1980 (16 U.S.C.

18 2910) is amended to read as follows:

19 ‘‘SEC. 11. NATIVE FISH AND WILDLIFE CONSERVATION AND

20 RESTORATION FUND.

21 ‘‘(a) ESTABLISHMENT OF FUND.—(1) There is estab22 lished in the Treasury of the United States a fund which

23 shall be known as the ‘Native Fish and Wildlife Conserva24 tion and Restoration Fund’. The Native Fish and Wildlife
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1 Conservation Fund shall consist of amounts deposited into

2 the Fund under this subsection.

3 ‘‘(2) Subject to section 5 of the Resources 2000 Act,

4 from amounts received by the United States as qualified

5 Outer Continental Shelf revenues each fiscal year, there

6 shall be deposited into the Fund the following amounts:

7 ‘‘(A) For each of fiscal years 2000 and 2001,

8 $100,000,000.

9 ‘‘(B) For each of fiscal years 2002, 2003, and

10 2004, $200,000,000.

11 ‘‘(C) For fiscal year 2005 and each fiscal year

12 thereafter, $350,000,000.

13 ‘‘(3) The Secretary of the Treasury shall invest mon14 eys in the Fund that are excess to expenditures in public

15 debt securities with maturities suitable to the needs of the

16 Fund, as determined by the Secretary of the Treasury,

17 and bearing interest at rates determined by the Secretary

18 of the Treasury, taking into consideration current market

19 yields on outstanding marketable obligations of the United

20 States of comparable maturity. Interest earned on such

21 investments shall be deposited into the Fund.

22 ‘‘(b) AVAILABILITY FOR REIMBURSEMENT TO

23 STATES.—Of amounts in the Native Wildlife Fund—

24 ‘‘(1) up to the amount stated in subsection

25 (a)(2) for a fiscal year shall be available to the Sec-
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1 retary of the Interior for that fiscal year, without

2 further appropriation, to reimburse States under

3 section 6 in accordance with the terms and condi4 tions that apply under sections 7 and 8; and

5 ‘‘(2) shall remain available until expended.’’.

6 (b) CONFORMING AMENDMENTS.—Section 8 of the

7 Fish and Wildlife Conservation Act of 1980 (16 U.S.C.

8 2907) is amended—

9 (1) in subsection (a) by striking ‘‘appropriated’’

10 and inserting ‘‘available’’; and

11 (2) in subsection (b)—

12 (A) in the matter preceding paragraph (1)

13 by striking ‘‘appropriated’’ and inserting ‘‘avail14 able’’; and

15 (B) in paragraph (1)—

16 (i) by striking ‘‘8 percent’’ and insert17 ing ‘‘2 percent’’; and

18 (ii) by striking ‘‘the purposes for

19 which so appropriated’’ and inserting ‘‘the

20 purposes for which the amount is avail21 able’’.
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1 TITLE VIII—ENDANGERED AND

2 THREATENED SPECIES RE3 COVERY

4 SEC. 801. PURPOSES.

5 The purposes of this title are the following:

6 (1) To provide a dedicated source of funding to

7 the Fish and Wildlife Service and the National Ma8 rine Fisheries Service for the purpose of implement9 ing an incentives program to promote the recovery

10 of endangered species and threatened species and

11 the habitat upon which they depend.

12 (2) To promote greater involvement by non13 Federal entities in the recovery of the Nation’s en14 dangered species and threatened species and the

15 habitat upon which they depend.

16 SEC. 802. ENDANGERED AND THREATENED SPECIES RE17 COVERY ASSISTANCE.

18 (a) FINANCIAL ASSISTANCE.—The Secretary may

19 use amounts in the Endangered and Threatened Species

20 Recovery Fund established by section 804 to provide fi21 nancial assistance to any person for development and im22 plementation of Endangered and Threatened Species Re23 covery Agreements entered into by the Secretary under

24 section 804.
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1 (b) PRIORITY.—In providing assistance under this

2 section, the Secretary shall give priority to the develop3 ment and implementation of recovery agreements that—

4 (1) implement actions identified under recovery

5 plans approved by the Secretary under section 4(f)

6 of the Endangered Species Act of 1973 (16 U.S.C.

7 1533(f));

8 (2) have the greatest potential for contributing

9 to the recovery of an endangered or threatened spe10 cies; and

11 (3) to the extent practicable, require use of the

12 assistance—

13 (A) on land owned by a small landowner;

14 or

15 (B) on a family farm by the owner or oper16 ator of the family farm.

17 (c) PROHIBITION ON ASSISTANCE FOR REQUIRED

18 ACTIVITIES.—The Secretary may not provide financial as19 sistance under this section for any action that is required

20 by a permit issued under the Endangered Species Act of

21 1973 (16 U.S.C. 1531 et seq.) or that is otherwise re22 quired under that Act or any other Federal law.

23 (d) PAYMENTS UNDER OTHER PROGRAMS.—

24 (1) OTHER PAYMENTS NOT AFFECTED.—Finan25 cial assistance provided to a person under this sec-
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1 tion shall be in addition to, and shall not affect, the

2 total amount of payments that the person is other3 wise eligible to receive under the conservation re4 serve program established under subchapter B of

5 chapter 1 of subtitle D of title XII of the Food Se6 curity Act of 1985 (16 U.S.C. 3831 et seq.), the

7 wetlands reserve program established under sub8 chapter C of that chapter (16 U.S.C. 3837 et seq.),

9 or the Wildlife Habitat Incentives Program estab10 lished under section 387 of the Federal Agriculture

11 Improvement and Reform Act of 1996 (16 U.S.C.

12 3836a).

13 (2) LIMITATION.—A person may not receive fi14 nancial assistance under this section to carry out ac15 tivities under a species recovery agreement in addi16 tion to payments under the programs referred to in

17 paragraph (1) made for the same activities if the

18 terms of the species recovery agreement do not re19 quire financial or management obligations by the

20 person in addition to any such obligations of the

21 person under such programs.
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1 SEC. 803. ENDANGERED AND THREATENED SPECIES RE2 COVERY AGREEMENTS.

3 (a) IN GENERAL.—The Secretary may enter into En4 dangered and Threatened Species Recovery Agreements

5 for purposes of this title in accordance with this section.

6 (b) REQUIRED TERMS.—The Secretary shall include

7 in each species recovery agreement provisions that—

8 (1) require the person—

9 (A) to carry out on real property owned or

10 leased by the person activities not otherwise re11 quired by law that contribute to the recovery of

12 an endangered or threatened species;

13 (B) to refrain from carrying out on real

14 property owned or leased by the person other15 wise lawful activities that would inhibit the re16 covery of an endangered or threatened species;

17 or

18 (C) to do any combination of subpara19 graphs (A) and (B);

20 (2) describe the real property referred to in

21 paragraph (1)(A) and (B) (as applicable);

22 (3) specify species recovery goals for the agree23 ment, and measures for attaining such goals;

24 (4) require the person to make measurable

25 progress each year in achieving those goals, includ26 ing a schedule for implementation of the agreement;
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1 (5) specify actions to be taken by the Secretary

2 or the person (or both) to monitor the effectiveness

3 of the agreement in attaining those recovery goals;

4 (6) require the person to notify the Secretary

5 if—

6 (A) any right or obligation of the person

7 under the agreement is assigned to any other

8 person; or

9 (B) any term of the agreement is breached

10 by the person or any other person to whom is

11 assigned a right or obligation of the person

12 under the agreement;

13 (7) specify the date on which the agreement

14 takes effect and the period of time during which the

15 agreement shall remain in effect;

16 (8) provide that the agreement shall not be in

17 effect on and after any date on which the Secretary

18 publishes a certification by the Secretary that the

19 person has not complied with the agreement; and

20 (9) allocate financial assistance provided under

21 this title for implementation of the agreement, on an

22 annual or other basis during the period the agree23 ment is in effect based on the schedule for imple24 mentation required under paragraph (4).
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1 (c) REVIEW AND APPROVAL OF PROPOSED AGREE2 MENTS.—Upon submission by any person of a proposed

3 species recovery agreement under this section, the

4 Secretary—

5 (1) shall review the proposed agreement and de6 termine whether it complies with the requirements of

7 this section and will contribute to the recovery of en8 dangered or threatened species that are the subject

9 of the proposed agreement;

10 (2) propose to the person any additional provi11 sions necessary for the agreement to comply with

12 this section; and

13 (3) if the Secretary determines that the agree14 ment complies with the requirements of this section,

15 shall approve and enter with the person into the

16 agreement.

17 (d) MONITORING IMPLEMENTATION OF AGREE18 MENTS.—The Secretary shall—

19 (1) periodically monitor the implementation of

20 each species recovery agreement entered into by the

21 Secretary under this section; and

22 (2) based on the information obtained from

23 that monitoring, annually or otherwise disburse fi24 nancial assistance under this title to implement the
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1 agreement as the Secretary determines is appro2 priate under the terms of the agreement.

3 SEC. 804. ENDANGERED AND THREATENED SPECIES RE4 COVERY FUND; AVAILABILITY OF AMOUNTS.

5 (a) ESTABLISHMENT OF FUND.—

6 (1) ESTABLISHMENT.—There is established in

7 the Treasury of the United States a fund that shall

8 be known as the ‘‘Endangered and Threatened Spe9 cies Recovery Fund’’. The Fund shall consist of such

10 amounts as are deposited into the Fund under this

11 section.

12 (2) DEPOSITS.—Subject to section 5 of this

13 Act, from amounts received by the United States as

14 qualified Outer Continental Shelf revenues there

15 shall be deposited into the Fund $100,000,000 each

16 fiscal year.

17 (b) AVAILABILITY.—Of amounts in the Fund up to

18 $100,000,000 shall be available to the Secretary each fis19 cal year, without further appropriation, for providing fi20 nancial assistance under section 802, and shall remain

21 available until expended.

22 (c) INVESTMENT OF EXCESS AMOUNTS.—The Sec23 retary of the Treasury shall invest moneys in the Fund

24 that are excess to expenditures in public debt securities

25 with maturities suitable to the needs of the Fund, as de-
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1 termined by the Secretary of the Treasury, and bearing

2 interest at rates determined by the Secretary of the Treas3 ury, taking into consideration current market yields on

4 outstanding marketable obligations of the United States

5 of comparable maturity. Interest earned on such invest6 ments shall be deposited into the Fund.

7 SEC. 805. DEFINITIONS.

8 In this title:

9 (1) ENDANGERED OR THREATENED SPECIES.—

10 The term ‘‘endangered or threatened species’’ means

11 any species that is listed as an endangered species

12 or threatened species under section 4 of the Endan13 gered Species Act of 1973 (16 U.S.C. 1533).

14 (2) FAMILY FARM.—The term ‘‘family farm’’

15 means a farm that—

16 (A) produces agricultural commodities for

17 sale in such quantities so as to be recognized in

18 the community as a farm and not as a rural

19 residence;

20 (B) produces enough income, including off21 farm employment, to pay family and farm oper22 ating expenses, pay debts, and maintain the

23 property;

24 (C) is managed by the operator;
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1 (D) has a substantial amount of labor pro2 vided by the operator and the operator’s family;

3 and

4 (E) uses seasonal labor only during peak

5 periods, and uses no more than a reasonable

6 amount of full-time hired labor.

7 (3) FUND.—The term ‘‘Fund’’ means the En8 dangered and Threatened Species Recovery Fund es9 tablished by section 804.

10 (4) SECRETARY.—The term ‘‘Secretary’’ means

11 the Secretary of the Interior or the Secretary of

12 Commerce, in accordance with section 3 of the En13 dangered Species Act of 1973 (16 U.S.C. 1532).

14 (5) SMALL LANDOWNER.—The term ‘‘small

15 landowner’’ means an individual who owns 50 acres

16 or fewer of land.

17 (6) SPECIES RECOVERY AGREEMENT.—The

18 term ‘‘species recovery agreement’’ means an En19 dangered and Threatened Species Recovery Agree20 ment entered into by the Secretary under section

21 803.

Æ