II

106TH CONGRESS

1ST SESSION S. 446

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

States in the year 2000 and beyond.

IN THE SENATE OF THE UNITED STATES

FEBRUARY 23, 1999

Mrs. BOXER (for herself, Mr. KERRY, and Mr. TORRICELLI) introduced the

following bill; which was read twice and referred to the Committee on Energy and Natural Resources

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’’.

5 SEC. 2. TABLE OF CONTENTS.

6 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.
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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

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.
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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

11 enhance national parks, national forests, national

12 wildlife refuges, and other public lands throughout

13 the Nation. In past years, the Land and Water Con14 servation Fund has also provided States with vital
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1 resources to assist with acquisition and development

2 of local park and outdoor recreation projects.

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

4 and Water Conservation Fund to authorize

5 $900,000,000 of annual oil and gas receipts to be

6 used for Federal land acquisition and State recre7 ation projects. In recent years, however, the Con8 gress has failed to appropriate funds at the author9 ized levels to meet Federal land acquisition needs,

10 and has entirely eliminated State recreation funding,

11 leaving an unallocated surplus of over

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

13 (4) To better meet land acquisition needs and

14 address growing public demands for outdoor recre15 ation, the Congress should assure that the Land and

16 Water Conservation Fund is used as it was intended

17 to acquire conservation lands and, in partnership

18 with State and local governments, to provide for im19 proved parks and outdoor recreational opportunities.

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

21 meet conservation and preservation objectives also

22 underlies the National Historic Preservation Act (16

23 U.S.C. 470 et seq.). Revenues to the Historic Pres24 ervation Fund accumulate at a rate of $150,000,000

25 annually, but because the Congress has failed in re-
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1 cent years to appropriate the authorized amounts,

2 the fund has an unallocated surplus of over

3 $2,000,000,000 for fiscal year 1999. To reduce the

4 growing backlog of preservation needs, the Congress

5 should assure that the Historic Preservation Fund is

6 used as was intended.

7 (6) Building upon the commitment to devote

8 revenues from existing offshore leases to resource

9 protection through the Land and Water Conserva10 tion Fund Act of 1965 (16 U.S.C. 460l–4) and the

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

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

13 from existing oil and gas leases to meet critical na14 tional, State, and local preservation and conservation

15 needs.

16 (7) Suburban sprawl presents a growing threat

17 to open space and farmland in many areas of the

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

19 farmland and open space every day. Financial re20 sources and incentives are needed to promote the

21 protection of open space, farmland, ranchland, and

22 forests.

23 (8) National parks, national forests, national

24 wildlife refuges, and other public lands have signifi25 cant unmet repair and maintenance needs for trails,
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1 campgrounds, and other existing recreational infra2 structure, even as outdoor recreation and user de3 mands on these resources are increasing.

4 (9) Urban park and recreation needs have been

5 neglected, with resulting increases in crime and

6 other inappropriate activity, in part because the

7 Congress has failed in recent years to provide appro8 priations as authorized by the Urban Park and

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

10 et seq.).

11 (10) Although the Endangered Species Act of

12 1973 (16 U.S.C. 1531 et seq.) has prevented the ex13 tinction of many plants and animals, the recovery of

14 most species listed under that Act has been ham15 pered by a lack of financial resources and incentives

16 to encourage States and private landowners to con17 tribute to the recovery of protected species.

18 (11) Native fish and wildlife populations have

19 declined in many parts of the Nation, and face grow20 ing threats from habitat loss and invasive species.

21 Financial resources and incentives are needed for

22 States to improve conservation and management of

23 native species.

24 (12) Ocean and coastal ecosystems are increas25 ingly degraded by loss of habitat, pollution, over-
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1 fishing, and other threats to the health and produc2 tivity of the marine environment. Coastal States

3 should be provided with financial resources and in4 centives to better conserve, restore, and manage liv5 ing marine resources.

6 (13) The findings of the 1995 National Biologi7 cal Survey study entitled ‘‘Endangered Ecosystems

8 of the United States: A Preliminary Assessment of

9 Loss and Degradation’’, demonstrate the need to es10 calate conservation measures that protect our Na11 tion’s wildlands and habitats.

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

13 upon the promises of the Land and Water Conservation

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

15 Historic Preservation Act (16 U.S.C. 470 et seq.) by pro16 viding permanent funding for the protection and enhance17 ment of the Nations natural, historic, and cultural re18 sources by a variety of means, including—

19 (1) the acquisition of conservation lands;

20 (2) improvement of State and urban parks;

21 (3) preservation of open space, farmland,

22 ranchland, and forests;

23 (4) conservation of native fish and wildlife;

24 (5) recovery of endangered species; and

25 (6) restoration of coastal and marine resources.
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1 SEC. 4. DEFINITIONS.

2 In this Act:

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

4 same meaning that term has in the Submerged

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

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

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

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

9 (16 U.S.C. 1451 et seq.).

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

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

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

13 the purpose of drilling for, developing and producing

14 oil and natural gas resources, which is a unit con15 sisting of either a block, a portion of a block, a com16 bination of blocks or portions of blocks (or both), as

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

18 Continental Shelf Official Protraction Diagram.

19 (4) QUALIFIED OUTER CONTINENTAL SHELF

20 REVENUES.—The term ‘‘qualified Outer Continental

21 Shelf revenues’’—

22 (A) except as provided in subparagraph

23 (B)—

24 (i) means all moneys received by the

25 United States from each leased tract or

26 portion of a leased tract located in the
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1 Western or Central Gulf of Mexico, less

2 such sums as may be credited to States

3 under section 8(g) of the Outer Continen4 tal Shelf Lands Act (43 U.S.C. 1337(g))

5 and amounts needed for adjustments and

6 refunds as overpayments for rents, royal7 ties, or other purposes; and

8 (ii) includes royalties (including pay9 ments for royalty taken in-kind and sold),

10 net profit share payments, and related

11 late-payment interest from natural gas and

12 oil leases issued pursuant to the Outer

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

14 1331) for such a lease tract or portion;

15 and

16 (B) does not include any moneys received

17 by the United States under—

18 (i) any lease issued on or after the

19 date of the enactment of this Act; or

20 (ii) any lease under which no oil or

21 gas production has occurred before Janu22 ary 1, 1999.
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1 SEC. 5. REDUCTION IN DEPOSITS OF QUALIFIED OCS REVE2 NUES FOR ANY FISCAL YEAR FOR WHICH

3 THOSE REVENUES ARE REDUCED.

4 (a) REDUCTION IN DEPOSITS.—The amount of quali5 fied Outer Continental Shelf revenues that is otherwise re6 quired to be deposited for a limited fiscal year into the

7 Land and Water Conservation Fund, the Historic Preser8 vation Fund, or any other fund or account established by

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

10 hereby reduced, so that—

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

12 the reduction) bears to the amount that would other13 wise be deposited, is equal to

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

15 Continental Shelf Revenues for the fiscal year bears

16 to—

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

18 2001;

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

20 2003, and 2004; and

21 (C) $2,300,000 for fiscal year 2005 and

22 each fiscal year thereafter.

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

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

25 earned from investment of amounts in a fund or other ac26 count.
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1 (c) LIMITED FISCAL YEAR DEFINED.—In this sec2 tion, the term ‘‘limited fiscal year’’ means a fiscal year

3 in which the total amount received by the United States

4 as qualified Outer Continental Shelf revenues is less

5 than—

6 (1) $2,050,000, for fiscal years 2000 and 2001;

7 (2) $2,150,000, for fiscal years 2002, 2003,

8 and 2004; and

9 (3) $2,300,000, for fiscal year 2005 and each

10 fiscal year thereafter.

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

12 ADMINISTRATION.

13 Notwithstanding any other provision of law, of

14 amounts made available by this Act (including the amend15 ments made by this Act) for a particular activity, not more

16 than 2 percent may be used for administrative expenses

17 of that activity.

18 SEC. 7. BUDGETARY TREATMENT OF RECEIPTS AND DIS19 BURSEMENTS.

20 Notwithstanding any other provision of law, the re21 ceipts and disbursements of funds under this Act and the

22 amendments made by this Act—

23 (1) shall not be counted as new budget author24 ity, outlays, receipts, or deficit or surplus for pur25 poses of—
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1 (A) the budget of the United States Gov2 ernment as submitted by the President;

3 (B) the congressional budget (including al4 locations of budget authority and outlays pro5 vided therein); or

6 (C) the Balanced Budget and Emergency

7 Deficit Control Act of 1985; and

8 (2) shall be exempt from any general budget

9 limitation imposed by statute on expenditures and

10 net lending (budget outlays) of the United States

11 Government.

12 TITLE I—LAND AND WATER CON13 SERVATION FUND REVITAL14 IZATION

15 SEC. 101. AMENDMENT OF LAND AND WATER CONSERVA16 TION FUND ACT OF 1965.

17 Except as otherwise expressly provided, whenever in

18 this title an amendment or repeal is expressed in terms

19 of an amendment to, or repeal of, a section or other provi20 sion, the reference shall be considered to be made to a

21 section or other provision of the Land and Water Con22 servation Fund Act of 1965 (16 U.S.C. 460l–4 et seq.)

23 SEC. 102. EXTENSION OF PERIOD FOR DEPOSITING

24 AMOUNTS INTO FUND.

25 Section 2 (16 U.S.C. 460l–5) is amended—
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1 (1) in the matter preceding subsection (a) by

2 striking ‘‘During the period ending September 30,

3 2015, there shall be covered into’’ and inserting

4 ‘‘There shall be deposited into’’;

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

6 September 30, 2015’’; and

7 (3) in paragraph (c)(2)—

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

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

10 (43 U.S.C. 1331 et seq.)’’ and inserting ‘‘shall

11 be deposited into the fund, subject to section 5

12 of the Resources 2000 Act, from amounts due

13 and payable to the United States as qualified

14 Outer Continental Shelf revenues (as that term

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

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

17 and inserting ‘‘deposited’’.

18 SEC. 103. AVAILABILITY OF AMOUNTS.

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

20 so much as precedes the third sentence and inserting the

21 following:

22 ‘‘APPROPRIATIONS

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

24 $900,000,000 shall be available each fiscal year for obliga25 tion or expenditure without further appropriation, and

26 shall remain available until expended.
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1 ‘‘(b) Moneys made available for obligation or expendi2 ture from the fund or from the special account established

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

4 as provided in this Act.

5 ‘‘(c) The Secretary of the Treasury shall invest mon6 eys in the fund that are excess to expenditures in public

7 debt securities with maturities suitable to the needs of the

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

9 bearing interest at rates determined by the Secretary of

10 the Treasury, taking into consideration current market

11 yields on outstanding marketable obligations of the United

12 States of comparable maturity. Interest earned on such

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

14 SEC. 104. ALLOCATION AND USE OF FUND.

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

16 follows:

17 ‘‘SEC. 5. ALLOCATION AND USE OF FUNDS.

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

19 for each fiscal year by this Act—

20 ‘‘(1) 50 percent shall be available for Federal

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

22 portion’); and

23 ‘‘(2) 50 percent shall be available for grants to

24 States.
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1 ‘‘(b) USE OF FEDERAL PORTION.—The President

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

3 each fiscal year, specify the purposes for which the Fed4 eral portion of the fund is to be used by the Secretary

5 of the Interior and the Secretary of Agriculture. Such

6 funds shall be used by the Secretary concerned for the

7 purposes specified by the President in such budget sub8 mission unless the Congress, in an Act making appropria9 tions for the Department of the Interior and related agen10 cies for such fiscal year, specifies that any part of such

11 Federal portion shall be used by the Secretary concerned

12 for other Federal purposes as authorized by this Act.

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

14 the budget submission of the President for each fiscal

15 year, the President shall require the Secretary of the Inte16 rior and the Secretary of Agriculture to prepare Federal

17 priority lists for expenditure of the Federal portion.

18 ‘‘(2) The Secretaries shall prepare the lists in con19 sultation with the head of each affected bureau or agency,

20 taking into account the best professional judgment regard21 ing the land acquisition priorities and policies of each bu22 reau or agency.

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

24 shall consider—
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1 ‘‘(A) the potential adverse impacts which might

2 result if a particular acquisition is not undertaken;

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

4 information necessary to complete an acquisition in

5 a timely manner; and

6 ‘‘(C) such other factors as the Secretaries con7 sider appropriate.’’.

8 SEC. 105. EXPANSION OF STATE ASSISTANCE PURPOSES.

9 Section 6(a) (16 U.S.C. 460l–8) is amended by strik10 ing ‘‘outdoor recreation:’’.

11 SEC. 106. ALLOCATION OF AMOUNTS AVAILABLE FOR

12 STATE PURPOSES.

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

14 as follows:

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

16 made available from the fund each fiscal year for State

17 purposes shall be apportioned among the several States

18 by the Secretary, in accordance with this subsection. The

19 determination of the apportionment by the Secretary shall

20 be final.

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

22 fund each fiscal year for State purposes shall be distrib23 uted by the Secretary using criteria developed by the Sec24 retary under the following formula:
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1 ‘‘(A) 30 percent shall be distributed equally

2 among the several States.

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

4 basis of the ratio which the population of each State

5 bears to the total population of all States.

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

7 fund each fiscal year for State purposes shall be distrib8 uted among the several States by the Secretary under a

9 competitive grant program, subject to such criteria as the

10 Secretary determines necessary to further the purposes of

11 the Act.

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

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

14 10 percent of the total amount allocated to the several

15 States under this subsection for that fiscal year.

16 ‘‘(5) The Secretary shall notify each State of its ap17 portionment, and the amounts thereof shall be available

18 thereafter to the State for planning, acquisition, or devel19 opment projects as hereafter described. Any amount of

20 any apportionment that has not been paid or obligated by

21 the Secretary during the fiscal year in which such notifica22 tion is given and the two fiscal years thereafter shall be

23 reapportioned by the Secretary in accordance with para24 graph (3), without regard to the 10 percent limitation to

25 an individual State specified in paragraph (4).
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1 ‘‘(6)(A) For the purposes of paragraph (2)(A)—

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

3 a State; and

4 ‘‘(ii) Puerto Rico, the United States Virgin Is5 lands, Guam, and American Samoa—

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

7 State; and

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

9 of any amount distributed to them pursuant to

10 clause (i).

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

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

13 this Act.’’.

14 SEC. 107. STATE PLANNING.

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

16 read as follows:

17 ‘‘(d) STATE PLAN.—(1)(A) A State plan shall be re18 quired prior to the consideration by the Secretary of finan19 cial assistance for acquisition or development projects. In

20 order to reduce costly repetitive planning efforts, a State

21 may use for such plan a current State comprehensive out22 door recreation plan, a State recreation plan, or a State

23 action agenda under criteria developed by the Secretary

24 if, in the judgment of the Secretary, the plan used encom25 passes and promotes the purposes of this Act. No plan
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1 shall be approved for a State unless the Governor of the

2 State certifies that ample opportunity for public participa3 tion in development and revision of the plan has been ac4 corded. The Secretary shall develop, in consultation with

5 others, criteria for public participation, and such criteria

6 shall constitute the basis for certification by the Governor.

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

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

9 the authority to represent and act for the State in

10 dealing with the Secretary for purposes of this Act;

11 ‘‘(ii) an evaluation of the demand for and sup12 ply of outdoor conservation and recreation resources

13 and facilities in the State;

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

15 plan or agenda; and

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

17 be determined by the Secretary.

18 ‘‘(C) The plan or agenda shall take into account rel19 evant Federal resources and programs and be correlated

20 so far as practicable with other State, regional, and local

21 plans.

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

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

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

25 or for the maintenance of such a plan.’’.
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1 SEC. 108. ASSISTANCE TO STATES FOR OTHER PROJECTS.

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

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

4 including incidental costs relating to acquisition’’;

5 and

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

7 period at the end the following: ‘‘or to enhance pub8 lic safety.’’.

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

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

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

12 and

13 (2) by striking the second sentence and insert14 ing the following:

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

16 only if the State demonstrates that no prudent or feasible

17 alternative exists.

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

19 longer viable as an outdoor conservation or recreation fa20 cility due to changes in demographics, or that must be

21 abandoned because of environmental contamination which

22 endangers public health and safety.

23 ‘‘(C)(i) The Secretary may not approve such conver24 sion unless the conversion satisfies any conditions the Sec25 retary considers necessary to assure the substitution of

26 other conservation and recreation properties of at least
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1 equal market value and reasonable equivalent usefulness

2 and location and which are in accord with the existing

3 State Plan for conservation and recreation.

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

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

6 clause and proposed to be acquired as suitable replace7 ment property within the same State, that is otherwise

8 acceptable to the Secretary shall be considered to be of

9 reasonably equivalent usefulness with the property pro10 posed for conversion.’’.

11 TITLE II—URBAN PARK AND

12 RECREATION RECOVERY

13 PROGRAM AMENDMENTS

14 SEC. 201. AMENDMENT OF URBAN PARK AND RECREATION

15 RECOVERY ACT OF 1978.

16 Except as otherwise expressly provided, whenever in

17 this title an amendment or repeal is expressed in terms

18 of an amendment to, or repeal of, a section or other provi19 sion, the reference shall be considered to be made to a

20 section or other provision of the Urban Park and Recre21 ation Recovery Act of 1978 (16 U.S.C. 2501 et seq.).

22 SEC. 202. PURPOSES.

23 The purpose of this title is to provide a dedicated

24 source of funding to assist local governments in improving

25 their park and recreation systems.
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1 SEC. 203. AUTHORITY TO DEVELOP NEW AREAS AND FA2 CILITIES.

3 Section 1003 (16 U.S.C. 2502) is amended by insert4 ing ‘‘development of new recreation areas and facilities,

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

6 after ‘‘rehabilitation of critically needed recreation areas,

7 facilities,’’.

8 SEC. 204. DEFINITIONS.

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

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

11 semicolon;

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

13 the end and inserting a semicolon; and

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

15 ‘‘(l) ‘development grants’—

16 ‘‘(1) means matching capital grants to

17 units of local government to cover costs of de18 velopment, land acquisition, and construction

19 on existing or new neighborhood recreation

20 sites, including indoor and outdoor recreational

21 areas and facilities, and support facilities; and

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

23 maintenance, and upkeep activities;

24 ‘‘(m) ‘qualified Outer Continental Shelf reve25 nues’ has the meaning given that term in section 4

26 of the Resources 2000 Act; and
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1 ‘‘(n) ‘Secretary’ means the Secretary of the In2 terior.’’.

3 SEC. 205. ELIGIBILITY.

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

5 read as follows:

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

7 to compete for assistance under this title shall be based

8 upon need as determined by the Secretary. Generally, eli9 gible general purpose local governments shall include the

10 following:

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

12 Primary, or Consolidated Statistical Areas, as deter13 mined by the most recent Census.

14 ‘‘(2) Any other city or town within such a Met15 ropolitan Statistical Area, that has a total popu16 lation of 50,000 or more as determined by the most

17 recent Census.

18 ‘‘(3) Any other county, parish, or township with

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

20 by the most recent Census.’’.

21 SEC. 206. GRANTS.

22 Section 1006 (16 U.S.C. 2505) is amended by strik23 ing so much as precedes subsection (a)(3) and inserting

24 the following:
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1 ‘‘SEC. 1006. (a)(1) The Secretary may provide 70

2 percent matching grants for rehabilitation, development,

3 and innovation purposes to any eligible general purpose

4 local government upon approval by the Secretary of an ap5 plication submitted by the chief executive of such govern6 ment.

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

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

9 independent special purpose local governments, private

10 nonprofit agencies, or county or regional park authorities,

11 if—

12 ‘‘(A) such transfer is consistent with the ap13 proved application for the grant; and

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

15 Secretary that the applicant will maintain public

16 recreation opportunities at assisted areas and facili17 ties owned or managed by the applicant in accord18 ance with section 1010.

19 ‘‘(3) Payments may be made only for those rehabilita20 tion, development, or innovation projects that have been

21 approved by the Secretary. Such payments may be made

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

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

24 SEC. 207. RECOVERY ACTION PROGRAMS.

25 Section 1007(a) (16 U.S.C. 2506(a)) is amended—
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1 (1) in subsection (a) in the first sentence by in2 serting ‘‘development,’’ after ‘‘commitments to ongo3 ing planning,’’; and

4 (2) in subsection (a)(2) by inserting ‘‘develop5 ment and’’ after ‘‘adequate planning for’’.

6 SEC. 208. STATE ACTION INCENTIVES.

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

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

9 the first sentence; and

10 (2) by striking the last sentence of subsection

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

12 and inserting the following:

13 ‘‘(b) COORDINATION WITH LAND AND WATER CON14 SERVATION FUND ACTIVITIES.—(1) The Secretary and

15 general purpose local governments are encouraged to co16 ordinate preparation of recovery action programs required

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

18 the Land and Water Conservation Fund Act of 1965, in19 cluding by allowing flexibility in preparation of recovery

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

21 local qualifications for local receipt of Land and Water

22 Conservation Fund grants or State grants for similar pur23 poses or for other conservation or recreation purposes.

24 (2) The Secretary shall encourage States to consider

25 the findings, priorities, strategies, and schedules included
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1 in the recovery action programs of their urban localities

2 in preparation and updating of State plans in accordance

3 with the public coordination and citizen consultation re4 quirements of subsection 6(d) of the Land and Water Con5 servation Fund Act of 1965.’’.

6 SEC. 209. CONVERSION OF RECREATION PROPERTY.

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

8 as follows:

9 ‘‘CONVERSION OF RECREATION PROPERTY

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

11 or rehabilitated under this title shall, without the approval

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

13 public recreation purposes.

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

15 ‘‘(A) property developed with amounts provided

16 under this title; and

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

18 of which the property is a part.

19 ‘‘(b)(1) The Secretary shall approve such conversion

20 only if the grantee demonstrates no prudent or feasible

21 alternative exists.

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

23 no longer a viable recreation facility due to changes in de24 mographics or that must be abandoned because of environ25 mental contamination which endangers public health or

26 safety.
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1 ‘‘(c) Any conversion must satisfy any conditions the

2 Secretary considers necessary to assure substitution of

3 other recreation property that is—

4 ‘‘(1) of at least equal fair market value, or rea5 sonably equivalent usefulness and location; and

6 ‘‘(2) in accord with the current recreation re7 covery action plan of the grantee.’’.

8 SEC. 210. AVAILABILITY OF AMOUNTS.

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

10 as follows:

11 ‘‘APPROPRIATIONS

12 ‘‘SEC. 1013. (a) IN GENERAL.—

13 ‘‘(1) ESTABLISHMENT OF FUND.—There is es14 tablished in the Treasury of the United States a

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

16 Recreation Recovery Fund’ (in this section referred

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

18 amounts as are deposited into the Fund under this

19 subsection. Amounts in the fund shall only be used

20 to carry out this title.

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

22 Resources 2000 Act, from amounts received by the

23 United States as qualified Outer Continental Shelf

24 revenues there shall be deposited into the fund

25 $100,000,000 each fiscal year.
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1 ‘‘(3) AVAILABILITY.—Of amounts in the fund,

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

3 year without further appropriation, and shall remain

4 available until expended.

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

6 Secretary of the Treasury shall invest moneys in the

7 Fund that are excess to expenditures in public debt

8 securities with maturities suitable to the needs of

9 the Fund, as determined by the Secretary of the

10 Treasury, and bearing interest at rates determined

11 by the Secretary of the Treasury, taking into consid12 eration current market yields on outstanding mar13 ketable obligations of the United States of com14 parable maturity. Interest earned on such invest15 ments shall be deposited into the Fund.

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

17 amounts available to the Secretary each fiscal year under

18 this section—

19 ‘‘(1) not more that 3 percent may be used for

20 grants for the development of local park and recre21 ation recovery action programs pursuant to sections

22 1007(a) and 1007(c);

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

24 innovation grants pursuant to section 1006; and
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1 ‘‘(3) not more than 15 percent may be provided

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

3 State.

4 ‘‘(c) LIMITATION ON USE FOR GRANT ADMINISTRA5 TION.—The Secretary shall establish a limit on the portion

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

7 and program administration.’’.

8 SEC. 211. REPEAL.

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

10 TITLE III—HISTORIC

11 PRESERVATION FUND

12 SEC. 301. AVAILABILITY OF AMOUNTS.

13 Section 108 of the National Historic Preservation Act

14 (16 U.S.C. 470h) is amended—

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

16 (2) in subsection (a) (as designated by para17 graph (1) of this section) by striking ‘‘There shall be

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

19 ‘‘(43 U.S.C. 338),’’ and inserting ‘‘Subject to section

20 5 of the Resources 2000 Act, there shall be depos21 ited into such fund $150,000,000 for each fiscal

22 year after fiscal year 1998 from revenues due and

23 payable to the United States as qualified Outer Con24 tinental Shelf revenues (as that term is defined in

25 section 4 of that Act),’’.
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1 (3) by striking the third sentence of subsection

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

3 the end of the subsection and inserting ‘‘Such mon4 eys shall be used only to carry out the purposes of

5 this Act.’’; and

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

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

8 shall be available each fiscal year after September 30,

9 1999, for obligation or expenditure without further appro10 priation to carry out the purposes of this Act, and shall

11 remain available until expended.

‘‘(2) At least 1 12 ⁄2 of the funds obligated or expended

13 each fiscal year under this section shall be used in accord14 ance with this Act for preservation projects on historic

15 properties. In making such funds available, the Secretary

16 shall give priority to the preservation of endangered his17 toric properties.

18 ‘‘(c) The Secretary of the Treasury shall invest mon19 eys in the fund that are excess to expenditures in public

20 debt securities with maturities suitable to the needs of the

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

22 bearing interest at rates determined by the Secretary of

23 the Treasury, taking into consideration current market

24 yields on outstanding marketable obligations of the United
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1 States of comparable maturity. Interest earned on such

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

3 TITLE IV—FARMLAND, RANCH4 LAND, OPEN SPACE, AND

5 FORESTLAND PROTECTION

6 SEC. 401. PURPOSE.

7 The purpose of this title is to provide a dedicated

8 source of funding to the Secretary of Agriculture and the

9 Secretary of the Interior for programs to provide matching

10 grants to certain eligible entities to facilitate the purchase

11 of conservation easements on farmland, ranchland, open

12 space, and forestland in order to—

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

14 in productive sustainable agricultural use; and

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

16 as open space because of nonagricultural develop17 ment.

18 SEC. 402. FARMLAND, RANCHLAND, OPEN SPACE, AND

19 FORESTLAND PROTECTION FUND; AVAIL20 ABILITY OF AMOUNTS.

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

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

24 Space, and Forestland Protection Fund’’ (in this title re25 ferred to as the ‘‘Fund’’). Subject to section 5 of this Act,
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1 there shall be deposited into the Fund $150,000,000 of

2 qualified Outer Continental Shelf revenues received by the

3 United States each fiscal year.

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

5 available as provided in section 403, without further ap6 propriation, and shall remain available until expended.

7 (c) INVESTMENT OF EXCESS AMOUNTS.—The Sec8 retary of the Treasury shall invest moneys in the Fund

9 that are excess to expenditures in public debt securities

10 with maturities suitable to the needs of the Fund, as de11 termined by the Secretary of the Treasury, and bearing

12 interest at rates determined by the Secretary of the Treas13 ury, taking into consideration current market yields on

14 outstanding marketable obligations of the United States

15 of comparable maturity. Interest earned on such invest16 ments shall be deposited into the Fund.

17 SEC. 403. AUTHORIZED USES OF FARMLAND, RANCHLAND,

18 OPEN SPACE, AND FORESTLAND PROTEC19 TION FUND.

20 (a) FARMLAND PROTECTION PROGRAM.—The Sec21 retary of Agriculture may use up to $50,000,000 annually

22 from the Farmland, Ranchland, Open Space, and

23 Forestland Protection Fund for the Farmland Protection

24 Program established under section 388 of the Federal Ag25 riculture Improvement and Reform Act of 1996 (Public
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1 Law 104–127; 16 U.S.C. 3830 note), as amended by sec2 tion 404.

3 (b) RANCHLAND PROTECTION PROGRAM.—The Sec4 retary of the Interior may use up to $50,000,000 annually

5 from the Fund for the Ranchland Protection Program es6 tablished by section 405.

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

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

9 Fund for the Forest Legacy Program established by sec10 tion 7 of the Cooperative Forestry Assistance Act of 1978

11 (16 U.S.C. 2103c).

12 SEC. 404. FARMLAND PROTECTION PROGRAM.

13 (a) EXPANSION OF EXISTING PROGRAM.—Section

14 388 of the Federal Agriculture Improvement and Reform

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

16 is amended to read as follows:

17 ‘‘SEC. 388. FARMLAND PROTECTION PROGRAM.

18 ‘‘(a) GRANTS AUTHORIZED; PURPOSE.—The Sec19 retary of Agriculture shall establish and carry out a pro20 gram, to be known as the ‘Farmland Protection Program’,

21 under which the Secretary shall provide grants to eligible

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

23 share of the cost of purchasing permanent conservation

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

25 soil for the purpose of protecting the continued use of the
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1 land as farmland or open space by limiting nonagricultural

2 uses of the land.

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

4 cost of purchasing a conservation easement described in

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

6 of purchasing the easement.

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

8 the term ‘eligible entity’ means—

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

10 (2) a federally recognized Indian tribe; or

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

12 at all times since its formation has been operated

13 principally for, one or more of the conservation pur14 poses specified in clause (i), (ii), or (iii) of section

15 170(h)(4)(A) of the Internal Revenue Code of 1986

16 and—

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

18 Code;

19 (B) is exempt from taxation under section

20 501(a) of the Code; and

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

22 509(a) of the Code, or paragraph (3) of such

23 section, but is controlled by an organization de24 scribed in paragraph (2) of such section.
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1 ‘‘(d) TITLE; ENFORCEMENT.—Any eligible entity

2 may hold title to a conservation easement described in

3 subsection (a) and enforce the conservation requirements

4 of the easement.

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

6 receipt by an eligible entity of a grant under subsection

7 (a), the attorney general of the State in which the con8 servation easement is to be purchased using the grant

9 funds shall certify that the conservation easement to be

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

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

12 Farmland Protection Program and the terms and condi13 tions of the grant.

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

15 conservation easement is purchased under this section

16 shall be subject to the requirements of a conservation plan

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

18 affect the restrictions contained in the easement.

19 ‘‘(g) TECHNICAL ASSISTANCE.—The Secretary of Ag20 riculture may not use more than 10 percent of the amount

21 that is made available for any fiscal year under this pro22 gram to provide technical assistance to carry out this sec23 tion.’’.

24 (b) EFFECT ON EXISTING EASEMENTS.—The

25 amendment made by subsection (a) shall not affect the
36

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1 validity or terms of conservation easements and other in2 terests in lands purchased under section 388 of the Fed3 eral Agriculture Improvement and Reform Act of 1996

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

5 date of the enactment of this Act.

6 SEC. 405. RANCHLAND PROTECTION PROGRAM.

7 (a) GRANTS AUTHORIZED; PURPOSE.—The Sec8 retary of Interior shall establish and carry out a program,

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

10 under which the Secretary shall provide grants to eligible

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

12 share of the cost of purchasing permanent conservation

13 easements on ranchland, which is in danger of conversion

14 to nonagricultural uses, for the purpose of protecting the

15 continued use of the land as ranchland or open space.

16 (b) FEDERAL SHARE.—The Federal share of the cost

17 of purchasing a conservation easement described in sub18 section (a) may not exceed 50 percent of the total cost

19 of purchasing the easement.

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

21 term ‘‘eligible entity’’ means—

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

23 (2) a federally recognized Indian tribe; or

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

25 at all times since its formation has been operated
37

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1 principally for, one or more of the conservation pur2 poses specified in clause (i), (ii), or (iii) of section

3 170(h)(4)(A) of the Internal Revenue Code of 1986

4 and—

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

6 Code;

7 (B) is exempt from taxation under section

8 501(a) of the Code; and

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

10 509(a) of the Code, or paragraph (3) of such

11 section, but is controlled by an organization de12 scribed in paragraph (2) of such section.

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

14 hold title to a conservation easement described in sub15 section (a) and enforce the conservation requirements of

16 the easement.

17 (e) STATE CERTIFICATION.—As a condition of the re18 ceipt by an eligible entity of a grant under subsection (a),

19 the attorney general of the State in which the conservation

20 easement is to be purchased using the grant funds shall

21 certify that the conservation easement to be purchased is

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

23 to achieve the conservation purpose of the Ranchland Pro24 tection Program and the terms and conditions of the

25 grant.
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1 (f) CONSERVATION PLAN.—Any land for which a

2 conservation easement is purchased under this section

3 shall be subject to the requirements of a conservation plan

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

5 affect the restrictions contained in the easement.

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

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

8 pastureland, grazed forest land, and hay land.

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

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

11 that is made available for any fiscal year under this pro12 gram to provide technical assistance to carry out this sec13 tion.

14 TITLE V—FEDERAL AND INDIAN

15 LANDS RESTORATION FUND

16 SEC. 501. PURPOSE.

17 The purpose of this title is to provide a dedicated

18 source of funding for a coordinated program on Federal

19 and Indian lands to restore degraded lands, protect re20 sources that are threatened with degradation, and protect

21 public health and safety.
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1 SEC. 502. FEDERAL AND INDIAN LANDS RESTORATION

2 FUND; AVAILABILITY OF AMOUNTS; ALLOCA3 TION.

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 ‘‘Federal and Indian Lands Restora7 tion Fund’’. Subject to section 5 of this Act, there shall

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

9 Outer Continental Shelf revenues received by the United

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

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

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

13 $250,000,000 shall be available each fiscal year without

14 further appropriation, and shall remain available until ex15 pended.

16 (c) ALLOCATION.—Amounts made available under

17 this section shall be allocated as follows:

18 (1) DEPARTMENT OF THE INTERIOR.—60 per19 cent shall be available to the Secretary of the Inte20 rior to carry out the purpose of this title on lands

21 within the National Park System, National Wildlife

22 Refuge System, and public lands administered by

23 the Bureau of Land Management.

24 (2) DEPARTMENT OF AGRICULTURE.—30 per25 cent shall be available to the Secretary of Agri-
40

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1 culture to carry out the purpose of this title on lands

2 within the National Forest System.

3 (3) INDIAN TRIBES.—10 percent shall be avail4 able to the Secretary of the Interior for competitive

5 grants to qualified Indian tribes under section

6 503(b).

7 (d) INVESTMENT OF EXCESS AMOUNTS.—The Sec8 retary of the Treasury shall invest moneys in the fund that

9 are excess to expenditures in public debt securities with

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

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

12 rates determined by the Secretary of the Treasury, taking

13 into consideration current market yields on outstanding

14 marketable obligations of the United States of comparable

15 maturity. Interest earned on such investments shall be de16 posited into the fund.

17 SEC. 503. AUTHORIZED USES OF FUND.

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

19 this title shall be used solely for restoration of degraded

20 lands, resource protection, maintenance activities related

21 to resource protection, or protection of public health or

22 safety.

23 (b) COMPETITIVE GRANTS TO INDIAN TRIBES.—

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

25 Interior shall administer a competitive grant pro-
41

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1 gram for Indian tribes, using such criteria as may

2 be developed by the Secretary to achieve the purpose

3 of this title.

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

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

6 grants under this subsection may not exceed 10 per7 cent of the total amount provided to all Indian tribes

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

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

10 and the Secretary of Agriculture shall each establish prior11 ity lists for the use of funds available under this title.

12 Each list shall give priority to projects based upon the pro13 tection of significant resources, the severity of damages

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

15 or safety.

16 (d) COMPLIANCE WITH APPLICABLE PLANS.—Any

17 project carried out on Federal lands with amounts pro18 vided under this title shall be carried out in accordance

19 with all management plans that apply under Federal law

20 to the lands.

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

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

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

24 of Agriculture shall jointly establish a coordinated pro25 gram for—
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1 (1) tracking the progress of activities carried

2 out with amounts made available by this title; and

3 (2) determining the extent to which demon4 strable results are being achieved by those activities.

5 SEC. 504. INDIAN TRIBE DEFINED.

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

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

8 community that the Secretary of the Interior recognizes

9 as an Indian tribe under section 104 of the Federally Rec10 ognized Indian Tribe List Act of 1994 (25 U.S.C. 479a–

11 1).

12 TITLE VI—LIVING MARINE RE13 SOURCES CONSERVATION,

14 RESTORATION, AND MANAGE15 MENT ASSISTANCE

16 SEC. 601. PURPOSE.

17 The purpose of this title is to provide a dedicated

18 source of funding for a coordinated program to—

19 (1) preserve biological diversity and natural as20 semblages of living marine resources, and their habi21 tat; and

22 (2) provide financial assistance to the coastal

23 States, private citizens, and nongovernmental enti24 ties for the conservation, restoration, and manage25 ment of living marine resources and their habitat.
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1 SEC. 602. FINANCIAL ASSISTANCE TO COASTAL STATES.

2 (a) AUTHORIZATION OF ASSISTANCE.—

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

4 amounts allocated to an eligible coastal State under

5 subsection (b) to reimburse the State for costs de6 scribed in paragraph (3) that are incurred by the

7 State.

8 (2) ELIGIBLE COASTAL STATES.—A coastal

9 State shall be an eligible coastal State under para10 graph (1) if—

11 (A) the State has a Living Marine Re12 sources Conservation Plan that is approved

13 under subsection (d); or

14 (B) the Secretary determines that the

15 State is making sufficient progress toward com16 pletion of such a plan.

17 (3) COSTS ELIGIBLE FOR REIMBURSEMENT.—

18 The costs referred to in paragraph (1) are the fol19 lowing:

20 (A) The costs of developing a Living Ma21 rine Resources Conservation Plan pursuant to

22 subsection (d), as follows:

23 (i) Not to exceed 90 percent of such

24 costs incurred in each of the first three fis25 cal years that begin after the date of the

26 enactment of this Act.
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1 (ii) Not to exceed 75 percent of such

2 costs incurred in each of the fourth and

3 fifth fiscal years that begin after the date

4 of the enactment of this Act.

5 (iii) Not to exceed 75 percent of such

6 costs incurred in the sixth or seventh year

7 that begins after the date of the enactment

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

9 the State of a need for that assistance for

10 that year and a finding by the Secretary

11 that the plan is likely to be completed

12 within that 2-fiscal-year period.

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

14 of implementing and revising an approved con15 servation plan.

16 (C) Not to exceed 90 percent of imple17 menting conservation actions under an ap18 proved conservation plan that are undertaken—

19 (i) in cooperation with one or more

20 other coastal States; or

21 (ii) in coordination with Federal ac22 tions for the conservation, restoration, or

23 management of living marine resources.

24 (4) EMERGENCY FUNDING.—Notwithstanding

25 paragraph (1), the Secretary may reimburse a coast-
45

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1 al State for 100 percent of the cost of conservation

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

3 those actions—

4 (A) are substantial in character and de5 sign;

6 (B) meet such of the requirements of sub7 section (d) as may be appropriate; and

8 (C) are considered by the Secretary to be

9 necessary to fulfill the purpose of this title.

10 (5) IN-KIND CONTRIBUTIONS; LIMITATION ON

11 INCLUDED COSTS.—(A) In computing the costs in12 curred by any State during any fiscal year for pur13 poses of paragraphs (1) and (4), the Secretary, sub14 ject to subparagraph (B), shall take into account, in

15 addition to each outlay by the State, the value of in16 kind contributions (including real and personal prop17 erty and services) received and applied by the State

18 during the year for activities for which the costs are

19 computed.

20 (B) In computing the costs incurred by any

21 State during any fiscal year for purposes of para22 graphs (1) and (4)—

23 (i) the Secretary shall not include costs

24 paid by the State using Federal moneys re25 ceived and applied by the State, directly or indi-
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1 rectly, for the activities for which the costs are

2 computed; and

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

4 contributions in excess of 50 percent of the

5 amount of reimbursement paid to the State

6 under this subsection for the fiscal year.

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

8 contributions may be in the form of, but are not re9 quired to be limited to, personal services rendered by

10 volunteers in carrying out surveys, censuses, and

11 other scientific studies regarding living marine re12 sources. The Secretary shall by regulation

13 establish—

14 (i) the training, experience, and other

15 qualifications which such volunteers must have

16 in order for their services to be considered as

17 in-kind contributions; and

18 (ii) the standards under which the Sec19 retary will determine the value of in-kind con20 tributions and real and personal property for

21 purposes of subparagraph (A).

22 (D) Any valuation determination made by the

23 Secretary for purposes of this paragraph shall be

24 final and conclusive.

25 (b) ALLOCATION OF FUNDS.—
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1 (1) IN GENERAL.—The Secretary shall allocate

2 among all coastal States the funds available each fis3 cal year under section 604(b), as follows:

(A) A portion equal to 2 4 ⁄3 of the funds

5 shall be allocated by allocating to each coastal

6 State an amount that bears the same ratio to

7 that portion as the coastal population of the

8 State bears to the total coastal population of all

9 coastal States.

(B) A portion equal to 1 10 ⁄3 of the funds

11 shall be allocated by allocating to each coastal

12 State an amount that bears the same ratio to

13 that portion as the shoreline miles of the State

14 bears to the shoreline miles of all coastal

15 States.

16 (2) MINIMUM AND MAXIMUM ALLOCATIONS.—

17 Notwithstanding paragraph (1), the total amount al18 located to a coastal State under subparagraphs (A)

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

not less than 1 20 ⁄2 of one percent, and not more than

21 10 percent, of the total amount of funds available

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

23 (c) AVAILABILITY OF FUNDS TO STATES.—

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

25 coastal State under this section for a fiscal year
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1 shall be available for expenditure by the State in ac2 cordance with this section without further appropria3 tion, and shall remain available for expenditure for

4 the subsequent fiscal year.

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

6 subparagraph (B), amounts allocated under sub7 section (b)(1) to a coastal State for a fiscal year

8 that are not expended before the end of the subse9 quent fiscal year shall, upon the expiration of the

10 subsequent fiscal year, revert to the Fund and re11 main available for reallocation under subsection (b).

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

13 amounts that are otherwise subject to reallocation

14 under this paragraph if the Secretary certifies in

15 writing that the purposes of this title would be bet16 ter served if the amounts remained available for use

17 by the coastal State.

18 (C) Amounts that remain available to a coastal

19 State pursuant to a certification under subpara20 graph (B) may remain available for a period speci21 fied by the Secretary in the certification, which shall

22 not exceed 2 fiscal years.

23 (d) APPROVAL OF COASTAL STATE LIVING MARINE

24 RESOURCES CONSERVATION PLANS.—
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1 (1) SUBMISSION.—A coastal State that seeks fi2 nancial assistance under this section shall submit to

3 the Secretary, in such manner as the Secretary shall

4 by regulation prescribe, an application that contains

5 a proposed Living Marine Resources Conservation

6 Plan.

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

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

9 date on which a coastal State submits (or resubmits

10 in the case of a prior disapproval) an application for

11 the approval of a proposed Living Marine Resources

12 Conservation Plan, the Secretary shall—

13 (A) approve the plan, if the Secretary de14 termines that the plan—

15 (i) fulfills the purpose of this title;

16 (ii) is substantial in character and de17 sign; and

18 (iii) meets the requirements set forth

19 in subsection (e); or

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

21 criteria set forth in subparagraph (A), dis22 approve the conservation plan and provide the

23 coastal State—

24 (i) a written statement of the reasons

25 for disapproval;
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1 (ii) an opportunity to consult with the

2 Secretary regarding deficiencies in the plan

3 and the modifications required for ap4 proval; and

5 (iii) an opportunity to revise and re6 submit the plan.

7 (e) LIVING MARINE RESOURCES CONSERVATION

8 PLANS.—The Secretary may not approve a Living Marine

9 Resources Conservation Plan proposed by a coastal State

10 unless the Secretary determines that the plan—

11 (1) promotes balanced and diverse assemblages

12 of living marine resources;

13 (2) provides for the vesting in a designated

14 State agency the overall responsibility for the devel15 opment and revision of the plan;

16 (3) provides for an inventory of the living ma17 rine resources that are within the waters of the

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

19 economic, cultural, recreational, scientific, edu20 cational, and esthetic benefits;

21 (4) with respect to species inventoried under

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

23 ‘‘plan species’’), provides for—

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

25 distribution of their populations; and
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1 (B) identification of the extent, condition,

2 and location of their habitats;

3 (5) provides for identification of any significant

4 factors which may adversely affect the plan species

5 and their habitats;

6 (6) provides for determination and implementa7 tion of the actions that should be taken to conserve,

8 restore, and manage the plan species and their habi9 tats;

10 (7) provides for establishment of priorities for

11 implementing conservation actions determined under

12 paragraph (6);

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

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

15 conservation actions determined under paragraph

16 (6);

17 (9) provides for review and, if appropriate, revi18 sion of the plan, at intervals of not more than 3

19 years;

20 (10) ensures that the public is given oppor21 tunity to make its views known and considered dur22 ing the development, revision, and implementation of

23 the plan;

24 (11) identifies and establishes mechanisms for

25 coordinating conservation, restoration, and manage-
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1 ment actions under the plan with appropriate Fed2 eral and interstate bodies with responsibility for liv3 ing marine resources management and conservation;

4 and

5 (12) provides for consultation by the State

6 agency designated under paragraph (2), as appro7 priate, with Federal and State agencies, interstate

8 bodies, nongovernmental entities, and the private

9 sector during the development, revision, and imple10 mentation of the plan, in order to minimize duplica11 tion of effort and to ensure that the best informa12 tion is available to all parties.

13 SEC. 603. OCEAN CONSERVATION PARTNERSHIPS.

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

15 available under section 604(b) to make grants for the con16 servation, restoration, or management of living marine re17 sources.

18 (b) ELIGIBILITY AND APPLICATION.—Any person

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

20 in such manner as the Secretary shall by regulation pre21 scribe.

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

23 after receiving an application for a grant under this sec24 tion, the Secretary shall—
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1 (1) request written comments on the project

2 proposal contained in the application from each

3 State or territory of the United States, and from

4 each Regional Fishery Management Council estab5 lished under the Magnuson-Stevens Fishery Con6 servation and Management Act (16 U.S.C. 1801 et

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

8 project is proposed to be carried out;

9 (2) provide for the merit-based peer review of

10 the project proposal and require standardized docu11 mentation of that peer review;

12 (3) after reviewing any written comments and

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

14 and based on such comments and recommendations

15 and peer review, approve or disapprove the proposal;

16 and

17 (4) provide written notification of that approval

18 or disapproval to the applicant.

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

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

21 the Secretary determines that the proposed project—

22 (1) fulfills the purposes of this title;

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

24 (3) provide for the long-term conservation, res25 toration, or management of living marine resources.
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1 (e) PRIORITY CONSIDERATION.—In approving and

2 disapproving proposals under this section, the Secretary

3 shall give priority to funding proposed projects that, in

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

5 (1) establish or enhance existing cooperation

6 and coordination between the public and private sec7 tors;

8 (2) assist in achieving the objectives of a Na9 tional Estuary, National Marine Sanctuary, National

10 Estuarine Research, Reserve, or other marine pro11 tected area established under Federal or State law;

12 or

13 (3) assist in the conservation and enhancement

14 of essential fish habitat pursuant to the Magnuson

15 Fishery Conservation and Management Act (16

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

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

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

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

20 2 percent of the total amount available for the fiscal year

21 for such grants.

22 (g) TERMS AND CONDITIONS OF GRANTS.—The Sec23 retary shall require that each grantee under this section

24 shall conform with such record-keeping requirements, re-
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1 porting requirements, and other terms and conditions as

2 the Secretary shall by regulation prescribe.

3 SEC. 604. LIVING MARINE RESOURCES CONSERVATION

4 FUND; AVAILABILITY OF AMOUNTS.

5 (a) ESTABLISHMENT OF FUND.—

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

7 Treasury of the United States a fund which shall be

8 known as the ‘‘Living Marine Resources Conserva9 tion Fund’’.

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

11 (A) amounts deposited into the Fund

12 under this section; and

13 (B) amounts that revert to the Fund under

14 section 602(c)(2).

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

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

17 United States as qualified Outer Continental Shelf

18 revenues each fiscal year, there shall be deposited

19 into the Fund the following:

20 (A) For each of fiscal years 2000 and

21 2001, $100,000,000.

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

23 and 2004, $200,000,000.

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

25 fiscal year thereafter, $300,000,000.
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1 (b) AVAILABILITY OF AMOUNTS.—

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

3 to the amount stated for a fiscal year in paragraph

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

5 year without further appropriation to carry out this

6 title, and shall remain available until expended.

7 (2) USE.—Of the amounts expended under this

8 subsection for a fiscal year—

(A) 2 9 ⁄3 shall be used by the Secretary for

10 providing financial assistance to coastal States

11 under section 602; and

(B) 1 12 ⁄3 shall used by the Secretary for

13 grants under section 603.

14 (c) INVESTMENT OF EXCESS AMOUNTS.—The Sec15 retary of the Treasury shall invest moneys in the Fund

16 that are excess to expenditures in public debt securities

17 with maturities suitable to the needs of the Fund, as de18 termined by the Secretary of the Treasury, and bearing

19 interest at rates determined by the Secretary of the Treas20 ury, taking into consideration current market yields on

21 outstanding marketable obligations of the United States

22 of comparable maturity. Interest earned on such invest23 ments shall be deposited into the Fund.

24 SEC. 605. DEFINITIONS.

25 In this title:
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1 (1) COASTAL POPULATION.—The term ‘‘coastal

2 population’’ means the population of all political

3 subdivisions, as determined by the most recent offi4 cial data of the Census Bureau, contained in whole

5 or in part within the designated coastal boundary of

6 a State as defined in a State’s coastal zone manage7 ment program under the Coastal Zone Management

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

9 (2) FUND.—The term ‘‘Fund’’ means the Liv10 ing Marine Resources Conservation Fund established

11 by section 604.

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

13 the Secretary of Commerce.

14 (4) LIVING MARINE RESOURCES.—The term

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

16 anadromous fish, mollusks, crustaceans, and all

17 other forms of marine animal and plant life, includ18 ing marine mammals and birds, that inhabit marine

19 or brackish waters of the United States during all

20 or part of their life cycle.
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1 TITLE VII—FUNDING FOR STATE

2 NATIVE FISH AND WILDLIFE

3 CONSERVATION AND RES4 TORATION

5 SEC. 701. AMENDMENTS TO FINDINGS AND PURPOSES.

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

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

8 amended—

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

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

11 (2) in paragraph (2)—

12 (A) by striking ‘‘fish and wildlife, particu13 larly nongame fish and wildlife’’ and inserting

14 ‘‘native fish and wildlife, particularly nongame

15 species’’; and

16 (B) by striking ‘‘maintaining fish and wild17 life’’ and inserting ‘‘maintaining biological di18 versity’’;

19 (3) in paragraph (3) by striking ‘‘fish and wild20 life’’ and inserting ‘‘native fish and wildlife’’;

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

22 and wildlife’’ and inserting ‘‘native fish and wild23 life’’; and
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1 (5) in paragraph (5) by striking ‘‘fish and wild2 life’’ and all that follows through the end of the sen3 tence and inserting ‘‘native fish and wildlife.’’.

4 (b) PURPOSES.—Section 2(b) of the Fish and Wild5 life Conservation Act of 1980 (16 U.S.C. 2901(b)) is

6 amended—

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

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

9 wildlife’’;

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

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

12 before paragraph (2) (as so redesignated) the follow13 ing:

14 ‘‘(1) to preserve biological diversity by main15 taining natural assemblages of native fish and wild16 life;’’; and

17 (3) in paragraph (2), as redesignated, by insert18 ing after ‘‘States’’ the following: ‘‘(and through the

19 States to local governments where appropriate)’’.

20 SEC. 702. DEFINITIONS.

21 Section 3 of the Fish and Wildlife Conservation Act

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

23 (1) in paragraph (2) by striking ‘‘fish and wild24 life’’ and inserting ‘‘native fish and wildlife’’;

25 (2) in paragraph (3)—
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1 (A) by striking ‘‘fish and wildlife’’ and in2 serting ‘‘native fish and wildlife’’; and

3 (B) by striking ‘‘development’’ and insert4 ing ‘‘and restoration’’;

5 (3) in paragraph (4) by striking ‘‘fish and wild6 life’’ and inserting ‘‘native fish and wildlife’’;

7 (4) by amending paragraph (5) to read as fol8 lows:

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

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

11 fish, animal, or plant species that—

12 ‘‘(i) historically occurred or currently

13 occurs in an ecosystem, other than as a re14 sult of an introduction; and

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

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

17 domesticated species that has reverted to a feral

18 existence.

19 Any determination by the Secretary that a species is

20 or is not a species of native fish and wildlife for pur21 poses of this Act shall be final.’’;

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

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

24 respectively; and

25 (6) by adding at the end the following:
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1 ‘‘(8) The term ‘Native Wildlife Fund’ means

2 the Native Fish and Wildlife Conservation and Res3 toration Fund established by section 11.

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

5 Shelf revenues’ has the meaning given that term in

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

7 SEC. 703. CONSERVATION PLANS.

8 Section 4 of the Fish and Wildlife Conservation Act

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

10 (1) by redesignating paragraphs (1) through

11 (10) in order as paragraphs (2) through (11);

12 (2) by inserting before paragraph (2) (as so re13 designated) the following:

14 ‘‘(1) promote balanced and diverse assemblages

15 of native fish and wildlife;’’;

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

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

18 ‘‘appropriate,’’ and inserting ‘‘native fish and wild19 life’’;

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

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

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

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

24 (6) in paragraphs (7) and (8) (as so redesig25 nated) by striking ‘‘(5)’’ and inserting ‘‘(6)’’.
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1 SEC. 704. CONSERVATION ACTIONS IN ABSENCE OF CON2 SERVATION PLAN.

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

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

5 (1) in the section heading by striking

6 ‘‘NONGAME’’;

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

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

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

10 (A) in the subsection heading, by striking

11 ‘‘NONGAME’;

12 (B) striking ‘‘nongame fish and wildlife’’

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

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

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

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

17 and adding at the end the following:

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

19 Act.’’.

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

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

22 2905) is amended by striking ‘‘section 5(c) and (d)’’ each

23 place it appears and inserting ‘‘section 5(c)’’.
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1 SEC. 705. AMENDMENTS RELATING TO REIMBURSEMENT

2 PROCESS.

3 Section 6 of the Fish and Wildlife Conservation Act

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

5 (1) in the section heading by striking

6 ‘‘NONGAME’’;

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

8 fish and wildlife’’;

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

10 and inserting ‘‘available’’;

11 (4) in subsection (e)(2)—

12 (A) in subparagraph (A) by striking

13 ‘‘1991’’ and inserting ‘‘2010’’;

14 (B) in subparagraph (B)—

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

16 ‘‘2005’’;

17 (ii) by striking ‘‘section 5(d)’’ and in18 serting ‘‘section 5(c)’’;

19 (iii) by striking ‘‘nongame fish and

20 wildlife’’ and inserting ‘‘conservation’’; and

21 (iv) by adding ‘‘or’’ after the semi22 colon;

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

24 and (E);

25 (D) by redesignating subparagraph (F) as

26 subparagraph (C);
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1 (E) in subparagraph (C) (as so redesig2 nated) by striking ‘‘nongame fish and wildlife’’

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

4 (F) in subparagraph (C)(ii) (as so redesig5 nated) by striking ‘‘10 percent’’ and inserting

6 ‘‘50 percent’’;

7 (5) in subsection (e)(3)—

8 (A) in subparagraph (A) by striking

9 ‘‘1982, 1983, and 1984’’ and inserting ‘‘2001,

10 2002, and 2003’’;

11 (B) in subparagraph (B) by striking

12 ‘‘nongame fish and wildlife’’; and

13 (C) by amending subparagraph (D) to read

14 as follows:

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

16 exceed 75 percent of the cost of implementing

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

18 and

19 (6) in subsection (e)(4)—

20 (A) in subparagraph (A) by striking

21 ‘‘nongame fish and wildlife’’; and

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

23 and wildlife’’ and inserting ‘‘native fish and

24 wildlife’’.
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1 SEC. 706. ESTABLISHMENT OF NATIVE FISH AND WILDLIFE

2 CONSERVATION AND RESTORATION TRUST

3 FUND; AVAILABILITY OF AMOUNTS.

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

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

6 2910) is amended to read as follows:

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

8 RESTORATION FUND.

9 ‘‘(a) ESTABLISHMENT OF FUND.—(1) There is estab10 lished in the Treasury of the United States a fund which

11 shall be known as the ‘Native Fish and Wildlife Conserva12 tion and Restoration Fund’. The Native Fish and Wildlife

13 Conservation Fund shall consist of amounts deposited into

14 the Fund under this subsection.

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

16 from amounts received by the United States as qualified

17 Outer Continental Shelf revenues each fiscal year, there

18 shall be deposited into the Fund the following amounts:

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

20 $100,000,000.

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

22 2004, $200,000,000.

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

24 thereafter, $350,000,000.

25 ‘‘(3) The Secretary of the Treasury shall invest mon26 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,

3 and bearing interest at rates determined by the Secretary

4 of 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 ‘‘(b) AVAILABILITY FOR REIMBURSEMENT TO

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

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

11 (a)(2) for a fiscal year shall be available to the Sec12 retary of the Interior for that fiscal year, without

13 further appropriation, to reimburse States under

14 section 6 in accordance with the terms and condi15 tions that apply under sections 7 and 8; and

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

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

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

19 2907) is amended—

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

21 and inserting ‘‘available’’; and

22 (2) in subsection (b)—

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

24 by striking ‘‘appropriated’’ and inserting ‘‘avail25 able’’; and
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1 (B) in paragraph (1)—

2 (i) by striking ‘‘8 percent’’ and insert3 ing ‘‘2 percent’’; and

4 (ii) by striking ‘‘the purposes for

5 which so appropriated’’ and inserting ‘‘the

6 purposes for which the amount is avail7 able’’.

8 TITLE VIII—ENDANGERED AND

9 THREATENED SPECIES RE10 COVERY

11 SEC. 801. PURPOSES.

12 The purposes of this title are the following:

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

14 the Fish and Wildlife Service and the National Ma15 rine Fisheries Service for the purpose of implement16 ing an incentives program to promote the recovery

17 of endangered species and threatened species and

18 the habitat upon which they depend.

19 (2) To promote greater involvement by non20 Federal entities in the recovery of the Nation’s en21 dangered species and threatened species and the

22 habitat upon which they depend.
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1 SEC. 802. ENDANGERED AND THREATENED SPECIES RE2 COVERY ASSISTANCE.

3 (a) FINANCIAL ASSISTANCE.—The Secretary may

4 use amounts in the Endangered and Threatened Species

5 Recovery Fund established by section 804 to provide fi6 nancial assistance to any person for development and im7 plementation of Endangered and Threatened Species Re8 covery Agreements entered into by the Secretary under

9 section 804.

10 (b) PRIORITY.—In providing assistance under this

11 section, the Secretary shall give priority to the develop12 ment and implementation of recovery agreements that—

13 (1) implement actions identified under recovery

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

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

16 1533(f));

17 (2) have the greatest potential for contributing

18 to the recovery of an endangered or threatened spe19 cies; and

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

21 assistance—

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

23 or

24 (B) on a family farm by the owner or oper25 ator of the family farm.
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1 (c) PROHIBITION ON ASSISTANCE FOR REQUIRED

2 ACTIVITIES.—The Secretary may not provide financial as3 sistance under this section for any action that is required

4 by a permit issued under the Endangered Species Act of

5 1973 (16 U.S.C. 1531 et seq.) or that is otherwise re6 quired under that Act or any other Federal law.

7 (d) PAYMENTS UNDER OTHER PROGRAMS.—

8 (1) OTHER PAYMENTS NOT AFFECTED.—Finan9 cial assistance provided to a person under this sec10 tion shall be in addition to, and shall not affect, the

11 total amount of payments that the person is other12 wise eligible to receive under the conservation re13 serve program established under subchapter B of

14 chapter 1 of subtitle D of title XII of the Food Se15 curity Act of 1985 (16 U.S.C. 3831 et seq.), the

16 wetlands reserve program established under sub17 chapter C of that chapter (16 U.S.C. 3837 et seq.),

18 or the Wildlife Habitat Incentives Program estab19 lished under section 387 of the Federal Agriculture

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

21 3836a).

22 (2) LIMITATION.—A person may not receive fi23 nancial assistance under this section to carry out ac24 tivities under a species recovery agreement in addi25 tion to payments under the programs referred to in
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1 paragraph (1) made for the same activities if the

2 terms of the species recovery agreement do not re3 quire financial or management obligations by the

4 person in addition to any such obligations of the

5 person under such programs.

6 SEC. 803. ENDANGERED AND THREATENED SPECIES RE7 COVERY AGREEMENTS.

8 (a) IN GENERAL.—The Secretary may enter into En9 dangered and Threatened Species Recovery Agreements

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

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

12 in each species recovery agreement provisions that—

13 (1) require the person—

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

15 leased by the person activities not otherwise re16 quired by law that contribute to the recovery of

17 an endangered or threatened species;

18 (B) to refrain from carrying out on real

19 property owned or leased by the person other20 wise lawful activities that would inhibit the re21 covery of an endangered or threatened species;

22 or

23 (C) to do any combination of subpara24 graphs (A) and (B);
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1 (2) describe the real property referred to in

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

3 (3) specify species recovery goals for the agree4 ment, and measures for attaining such goals;

5 (4) require the person to make measurable

6 progress each year in achieving those goals, includ7 ing a schedule for implementation of the agreement;

8 (5) specify actions to be taken by the Secretary

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

10 of the agreement in attaining those recovery goals;

11 (6) require the person to notify the Secretary

12 if—

13 (A) any right or obligation of the person

14 under the agreement is assigned to any other

15 person; or

16 (B) any term of the agreement is breached

17 by the person or any other person to whom is

18 assigned a right or obligation of the person

19 under the agreement;

20 (7) specify the date on which the agreement

21 takes effect and the period of time during which the

22 agreement shall remain in effect;

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

24 effect on and after any date on which the Secretary
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1 publishes a certification by the Secretary that the

2 person has not complied the agreement; and

3 (9) allocate financial assistance provided under

4 this title for implementation of the agreement, on an

5 annual or other basis during the period the agree6 ment is in effect based on the schedule for imple7 mentation required under paragraph (4).

8 (c) REVIEW AND APPROVAL OF PROPOSED AGREE9 MENTS.—Upon submission by any person of a proposed

10 species recovery agreement under this section, the

11 Secretary—

12 (1) shall review the proposed agreement and de13 termine whether it complies with the requirements of

14 this section and will contribute to the recovery of en15 dangered or threatened species that are the subject

16 of the proposed agreement;

17 (2) propose to the person any additional provi18 sions necessary for the agreement to comply with

19 this section; and

20 (3) if the Secretary determines that the agree21 ment complies with the requirements of this section,

22 shall approve and enter with the person into the

23 agreement.

24 (d) MONITORING IMPLEMENTATION OF AGREE25 MENTS.—The Secretary shall—
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1 (1) periodically monitor the implementation of

2 each species recovery agreement entered into by the

3 Secretary under this section; and

4 (2) based on the information obtained from

5 that monitoring, annually or otherwise disburse fi6 nancial assistance under this title to implement the

7 agreement as the Secretary determines is appro8 priate under the terms of the agreement.

9 SEC. 804. ENDANGERED AND THREATENED SPECIES RE10 COVERY FUND; AVAILABILITY OF AMOUNTS.

11 (a) ESTABLISHMENT OF FUND.—

12 (1) ESTABLISHMENT.—There is established in

13 the Treasury of the United States a fund that shall

14 be known as the ‘‘Endangered and Threatened Spe15 cies Recovery Fund’’. The Fund shall consist of such

16 amounts as are deposited into the Fund under this

17 section.

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

19 Act, from amounts received by the United States as

20 qualified Outer Continental Shelf revenues there

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

22 fiscal year.

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

24 $100,000,000 shall be available to the Secretary each fis25 cal year, without further appropriation, for providing fi-
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1 nancial assistance under section 802, and shall remain

2 available until expended.

3 (c) INVESTMENT OF EXCESS AMOUNTS.—The Sec4 retary of the Treasury shall invest moneys in the Fund

5 that are excess to expenditures in public debt securities

6 with maturities suitable to the needs of the Fund, as de7 termined by the Secretary of the Treasury, and bearing

8 interest at rates determined by the Secretary of the Treas9 ury, taking into consideration current market yields on

10 outstanding marketable obligations of the United States

11 of comparable maturity. Interest earned on such invest12 ments shall be deposited into the Fund.

13 SEC. 805. DEFINITIONS.

14 In this title:

15 (1) ENDANGERED OR THREATENED SPECIES.—

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

17 any species that is listed as an endangered species

18 or threatened species under section 4 of the Endan19 gered Species Act of 1973 (16 U.S.C. 1533).

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

21 means a farm that—

22 (A) produces agricultural commodities for

23 sale in such quantities so as to be recognized in

24 the community as a farm and not as a rural

25 residence;
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1 (B) produces enough income, including off2 farm employment, to pay family and farm oper3 ating expenses, pay debts, and maintain the

4 property;

5 (C) is managed by the operator;

6 (D) has a substantial amount of labor pro7 vided by the operator and the operator’s family;

8 and

9 (E) uses seasonal labor only during peak

10 periods, and uses no more than a reasonable

11 amount of full-time hired labor.

12 (3) FUND.—The term ‘‘Fund’’ means the En13 dangered and Threatened Species Recovery Fund es14 tablished by section 804.

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

16 the Secretary of the Interior or the Secretary of

17 Commerce, in accordance with section 3 of the En18 dangered Species Act of 1973 (16 U.S.C. 1532).

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

20 landowner’’ means an individual who owns 50 acres

21 or fewer of land.

22 (6) SPECIES RECOVERY AGREEMENT.—The

23 term ‘‘species recovery agreement’’ means an En24 dangered and Threatened Species Recovery Agree-
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1 ment entered into by the Secretary under section

2 803.

Æ