CONGRESSIONAL RECORD 1

S. 2181

Be it enacted by the Senate and House of Representatives of the United States of America in

Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘Conservation and Stewardship Act’’.

TITLE I—LAND AND WATER

CONSERVATION FUND

SEC. 101. SHORT TITLE.

This title may be cited as the ‘‘Land and

Water Conservation Fund Act Amendments

of 2000’’.

SEC. 102. LAND AND WATER CONSERVATION

FUND AMENDMENTS.

(a) PERMANENT APPROPRIATION INTO THE

FUND.—Section 2 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l–5)

is amended—

(1) in the first paragraph by striking ‘‘During the period ending September 30, 2015,

there’’ and inserting ‘‘There’’;

(2) in paragraph (c)(1) by striking ‘‘not less

than’’ and all that follows through the end of

the paragraph and inserting ‘‘not less than

$900,000,000 for each fiscal year.’’; and

(3) in paragraph (c)(2) by striking ‘‘shall be

credited’’ and all that follows through the

end of the paragraph and inserting ‘‘shall be

deposited into the fund from qualified Outer

Continental Shelf revenues (as that term is

defined in section 2(u) of the Outer Continental Shelf Lands Act (43 U.S.C. 1331(u)) (as

amended by the Coastal Stewardship Act of

2000)). Such moneys shall only be used to

carry out the purposes of this Act.’’.

(b) PERMANENT FUNDING AUTHORITY.—Section 3 of the Land and Water Conservation

Fund Act of 1965 (16 U.S.C. 460l–6) is amended

to read as follows:

‘‘Of amounts in the fund, $900,000,000 shall

be available each fiscal year for obligation or

expenditure in accordance with section 5 of

this Act. Such funds shall be made available

without further appropriation, and shall remain available until expended. Other moneys

in the fund shall be available for expenditure

only when appropriated therefor. Such appropriations may be made without fiscal

year limitation.’’.

(c) ALLOCATION OF FUNDS.—Section 5 of the

Land and Water Conservation Fund Act of

1965 (16 U.S.C. 460l–7) is amended to read as

follows:

‘‘Fifty percent of the funds made available

each fiscal year shall be used for Federal

land acquisition purposes as provided in section 7 of this Act, and fifty percent shall be

used for financial assistance to States as

provided in section 6 of this Act.’’.

(d) STATE FUNDING ALLOCATIONS.—Section

6(b) of the Land and Water Conservation

Fund Act of 1965 (16 U.S.C. 460l–8(b)) is

amended—

(1) by striking ‘‘Sums appropriated and

available’’ and inserting ‘‘Amounts made

available’’;

(2) by striking paragraph (1) in its entirety

and inserting the following:

‘‘(1) Eighty percent of the amounts made

available shall be apportioned as follows:

‘‘(A) Sixty percent shall be apportioned

equally among the several States;

‘‘(B) Twenty percent shall be apportioned

on the basis of the ratio which the population of each State bears to the total population of the United States; and

‘‘(C) Twenty percent shall be apportioned

on the basis of the urban population in each

State (as defined by Metropolitan Statistical

Areas).’’; and

(3) in paragraph (2) by striking ‘‘At any

time, the remaining appropriation’’ and inserting ‘‘The remaining allocation’’.

(e) FEDERAL LAND ACQUISITION PROJECTS.—

Section 7(a) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l–9(a)) is

amended—

(1) by striking ‘‘Moneys appropriated’’ and

all that follows through ‘‘subpurposes’’ and

inserting the following:

‘‘(1)(A) The President shall transmit, as

part of the annual budget proposal, a priority list for Federal land acquisition

projects. Funds shall be made available from

the Land and Water Conservation Fund,

without further appropriation, 15 days after

the date the Congress adjourns sine die for

each year, for the projects identified on the

President’s priority list, unless prior to such

date, legislation is enacted establishing a

different priority list.

‘‘(B) If Congress enacts legislation establishing an alternate priority list, and such

priority list funds less than the annual authorized funding amount identified in section 5, the difference between the authorized

funding amount and the alternate priority

list shall be available for expenditure, without further appropriation, in accordance

with the priority list submitted by the President.

‘‘(C)(1) In developing the annual land acquisition priority list, the President shall require the Secretary of the Interior and the

Secretary of Agriculture to develop the priority list for the sites under each Secretary’s

jurisdiction. The Secretaries shall prepare

the lists in consultation with the head of

each affected bureau or agency, taking into

account the best professional judgment regarding the land acquisition priorities and

policies of each bureau or agency.

‘‘(2) In preparing the lists referred to in

paragraph (1), the Secretaries shall ensure

that not less than $5 million is made available each year for the acquisition of easements, on a willing seller basis, to provide

for non-motorized access to public lands for

hunting, fishing, and other recreational purposes.

‘‘(D) Amounts made available from the

fund for Federal land acquisition projects

shall be used for the purposes and subpurposes identified in paragraphs (2), (3), and (4)

of this subsection.’’; and

(2) by redesignating subsequent paragraphs

accordingly.

SEC. 102. NON-FEDERAL LANDS OF REGIONAL OR

NATIONAL INTEREST.

Title I of the Land and Water Conservation

Fund Act of 1965 (16 U.S.C. 460l-4 et seq.) is

amended by adding at the end the following:

‘‘SEC. 14. NON-FEDERAL LANDS OF REGIONAL OR

NATIONAL INTEREST.

‘‘(a) ESTABLISHMENT OF FUND.—There is established in the Treasury of the United

States a fund which shall be known as the

‘‘Non-Federal Lands of Regional or National

Interest Fund’’ (in this section referred to as

the ‘‘fund’’). There shall be deposited into

the fund $125,000,000 in fiscal year 2001 and

each fiscal year thereafter from qualified

Outer Continental Shelf Revenues (as that

term is defined in section 2(u) of the Outer

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

1331(u)) (as amended by the Coastal Stewardship Act of 2000)). Such moneys shall be used

only to carry out the purposes of this section.

‘‘(b) EXPENDITURES.(1) Of the amounts in

the fund, $125,000,000 shall be available each

year to the Secretary of the Interior for obligation or expenditure in accordance with

this section. Such funds shall be available

without further appropriation, subject to the

requirements of this section, and shall remain available until expended.

‘‘(2) The Secretary shall prepare, as part of

the annual budget proposal, a priority list

for grant projects to be funded under this

section, from among the applications submitted pursuant to subsection (c). Moneys

shall be available from the fund, without further appropriation, 15 days after the date

Congress adjourns sine die each year, for the

projects specified on the priority list, unless

prior to such date, legislation is enacted establishing a different priority list.

‘‘(c) GRANTS TO STATES.—(1) A State may

submit an application to the Secretary for a

grant to fund the conservation of non-Federal lands or waters of clear regional or national interest.

‘‘(2) In determining whether to recommend

the award of a grant under this section, the

Secretary shall consider, on a competitive

basis, the extent to which a proposed conservation project described in the grant application will conserve the natural, historic,

cultural, and recreational values of the nonFederal lands or waters to be protected.

‘‘(3) The Secretary shall give preference to

proposed conservation projects—

‘‘(A) that seek to protect ecosystems;

‘‘(B) that are developed in collaboration

with other States, or with private persons or

entities; or

‘‘(C) that are complementary to conservation or restoration programs undertaken on

Federal lands.

‘‘(4) A grant awarded to a State under this

subsection shall cover not more than 50 percent of the total cost of the conservation

project.’’.

TITLE II—COASTAL STEWARDSHIP

SEC. 201. SHORT TITLE.

This title may be cited as the ‘‘Coastal

Stewardship Act of 2000.’’

SEC. 202. AMENDMENT TO OUTER CONTINENTAL

SHELF LANDS ACT.

(a) DEFINITIONS.—Section 2 of the Outer

Continental Shelf Lands Act (43 U.S.C. 1331)

is amended by adding at the end the following:

‘‘(r) As used in sections 31 and 32, the term

‘‘coastline’’ has the meaning given such term

in section 2(c) of the Submerged Lands Act

(43 U.S.C. 1301(c));

‘‘(s) As used in sections 31 and 32, the term

‘‘Coastal State’’ has the same meaning given

such term in section 304(4) of the Coastal

Zone Management Act of 1972 (16 U.S.C.

1453(4));

‘‘(t) As used in sections 31 and 32, the term

‘‘leased tract’’ means a tract, maintained

under section 6 or leased under section 8 for

the purposes of drilling for, developing and

producing oil and natural gas resources,

which is a unit consisting of either a block,

a portion of a block, a combination of blocks

or portions of blocks (or both), as specified in

the lease, and as depicted on an Outer Continental Shelf Official Protraction Diagram;

‘‘(u) As used in sections 31 and 32, the term

‘‘qualified Outer Continental Shelf revenues’’ means all amounts received by the

United States as bonus bids, rents, royalties

(including payments for royalty taken in

kind and sold), net profit share payments,

and related late payment interest from natural gas and oil leases issued pursuant to

section 8 or maintained under section 6, accruing from each leased tract or portion of a

leased tract, the geographic center of which

lies within a distance of 200 miles from any

part of the coastline of any Coastal State. It

shall not include amounts from any leased

tract or portion of a leased tract which is included within any area of the Outer Continental Shelf where a moratorium on new

leasing was in effect as of January 1, 1999,

unless the leased tract or portion of leased

tract was issued prior to the establishment

of the moratorium and is in production as of

January 1, 2000. For each leased tract or portion of a leased tract lying within the zone

defined and governed by section 8(g), and to

which section 8(g) applies, the term ‘‘qualified Outer Continental Shelf revenues’’ shall
2 CONGRESSIONAL RECORD

include only amounts remaining after payment has been to States in accordance with

section 8(g).’’.

(b) OCEAN AND COAST CONSERVATION.—The

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

1331 et seq.) is amended by adding at the end

the following:

‘‘SEC. 31. OCEAN AND COAST CONSERVATION

FUND.

‘‘(a) ESTABLISHMENT OF FUND.—(1) There is

established in the Treasury of the United

States a fund which shall be known as the

‘‘Ocean and Coast Conservation Fund’’ (in

this section referred to as the ‘‘fund’’). There

shall be deposited into the fund $365,000,000

from qualified Outer Continental Shelf revenues in fiscal year 2001 and each fiscal year

thereafter. Such moneys shall be used only

to carry out the purposes of this section.

‘‘(2) Of the amounts in the fund, $365,000,000

shall be available each fiscal year for obligation or expenditure in accordance with this

section. Such funds shall be made available

to the Secretary of Commerce without further appropriation, subject to the requirements of this section, and shall remain available until expended.

‘‘(b) ALLOCATION OF FUNDS.—Notwithstanding section 9, the Secretary of Commerce shall allocate funds available under

this section as follows:

‘‘(1) for uses identified in subsection (c),

$250,000,000;

‘‘(2) for uses identified in subsection (d),

$25,000,000;

‘‘(3) for uses identified in subsection (e),

$75,000,000; and

‘‘(4) for uses identified in subsection (f),

$15,000,000.

‘‘(c) COASTAL STEWARDSHIP.—(1) The Secretary of Commerce shall allocate among all

Coastal States the funds available under subsection (b)(10 as follows:

‘‘(A) 25 percent of the funds under this subsection shall be allocated based on the ratio

of the coastline miles of the Coastal State to

the coastline miles of all Coastal States;

‘‘(B) 25 percent of the funds under this subsection shall be allocated based on the ratio

of the coastal population of the Coastal

State to the coastal population of all Coastal

States;

‘‘(C) 50 percent of the funds under this subsection shall be allocated based on the demonstrated conservation and protection needs

of the Coastal State for coastal stewardship

uses as determined under this subsection.

‘‘(2) The Secretary of Commerce, in accordance with the requirements of this section,

shall determine the allocation each State is

entitled to receive based on demonstrated

conservation and protection need under subsection (c)(1)(C).

‘‘(3) To be eligible to receive moneys under

subsection (c)(1)(C), a Coastal State must

submit to the Secretary of Commerce an application demonstrating the conservation

and protection needs of the Coastal State.

Such application shall indicate how moneys

received from that portion of the fund would

be used in accordance with the allowable

uses identified in this subsection. This application shall be submitted as part of the plan

required under subsection (c)(6) and in accordance with the requirements of that subsection.

‘‘(4) In determining the allocation of moneys based on demonstrated conservation and

protection need as provided in subsection

(c)(1)(C), priority shall be given to activities

and plans—

‘‘(A) which support and are consistent with

National Estuary programs, National Estuarine Research Reserve programs, the National Marine Sanctuary Act, the Coastal

Zone Management Act, and other State or

Federal laws governing the conservation or

restoration of coastal or marine fish habitat;

‘‘(B) which promote coastal conservation,

restoration, or water quality protection on a

watershed or regional basis; or

‘‘(C) which address coastal conservation

needs created by seasonal or otherwise transient fluctuations in population in Coastal

States.

‘‘(5) Coastal States shall use moneys received under this subsection only for—

‘‘(A) the conservation or protection of

coastal and marine habitats including wetlands, estuaries, and coral reefs;

‘‘(B) projects to remove abandoned vessels

or marine debris that may adversely affect

coastal habitat or living marine resources;

‘‘(C) the reduction or monitoring of coastal

polluted runoff or other coastal contaminants;

‘‘(D) addressing watershed protection including conservation needs which cross jurisdictional boundaries;

‘‘(E) the assessment, research, mapping

and monitoring of coastal and marine habitats.

‘‘(F) addressing coastal conservation needs

associated with seasonal or otherwise transient fluctuations in coastal populations;

‘‘(G) the establishment, monitoring or assessment of marine protected areas.

‘‘(6) To be eligible to receive moneys under

this subsection, a Coastal State must submit

to the Secretary of Commerce a plan detailing the uses to which the Coastal State will

put all funds received under this subsection.

The plan shall be developed with public

input, and must certify that uses set forth in

the plan comply with all applicable Federal

and State laws, including environmental

laws. Each plan shall consider ways to sue

funds received under this subsection to assist

local governments, non-profit organizations,

or public institutions with activities or programs consistent with this subsection.

‘‘(7) No funds under this subsection shall be

made available to a Coastal State until the

Secretary of Commerce has affirmatively

found that all uses proposed by a Coastal

State are consistent with the purposes and

requirements of this subsection.

‘‘(d) COOPERATIVE ENFORCEMENT USES.—(1)

The Governor of a State represented on an

Int3erstate Fisheries Commission may apply

to the Secretary of Commerce for execution

of a cooperative enforcement agreement

with the Secretary of Commerce. Cooperative agreements between the Secretary of

Commerce and such States shall authorize

the deputization of State law enforcement

officers with marine law enforcement responsibilities, to perform duties of the Secretary of Commerce relating to any law enforcement provision of any marine resource

laws enforced by the Secretary of Commerce,

including the National Marine Sanctuaries

Act. Such cooperative enforcement agreements shall be consistent with the purposes

and intent of section 311(a) of the MagnusonStevens Fishery Conservation and Management ACt (16 U.S.C. 1861(a)), to the extent

applicable to the regulated activities, and

may include specifications for joint management responsibilities as provided by section

1 of Public Law 91–412 (15 U.S.C. 1525).

‘‘(2) Upon receiving an application meeting

the requirements of this subsection, the Secretary of Commerce shall enter into the cooperative enforcement agreement with the

requesting State.

‘‘(3) Consistent with the fund amounts contained in subsection (b0(2), The Secretary of

Commerce shall include in each cooperative

enforcement agreement an allocation of

funds to assist in management of the agreement. The allocation shall be equitably distributed among all States participating in

cooperative enforcement agreements under

this subsection, based upon consideration of

the specific marine conservation enforcement needs of each participating State. Such

agreement may provide for amounts to be

withheld by the Secretary of Commerce for

the cost of any technical or other assistance

provided to the State by the Secretary of

Commerce under the agreement.

‘‘(e) COOPERATIVE RESEARCH AND MANAGEMENT USES.—The Governor of any State represented on an Interstate Marine Fishery

Commission may apply to the Secretary of

Commerce for the execution of a research

and management agreement, on a sole source

basis, for the purpose of undertaking eligible

projects required for the effective management of living marine resources of the

United States. Upon determining that the

application meets the requirements of this

subsection, the Secretary of Commerce shall

enter into such agreement. Such agreement

may provide for amounts to be withheld by

the Secretary of Commerce for the cost of

any technical or other assistance provided to

the State by the Secretary of Commerce

under the agreement.

‘‘(2) The Secretary of Commerce shall allocate to States participating in a research

and management agreement under this subsection funds to assist in implementing the

agreement, consistent with the amounts

available under subsection (b)(3).

‘‘(3) For purposes of this subsection, eligible projects are those which address critical

needs identified in fishery management reports or plans developed and approved by a

State, Marine Fisheries Commission, Regional Fishery Management Council, or

other regional or tribal entity, charged wit

management and conservation of living marine resources, and that pertain to—

‘‘(A) the collection and analysis of fishery

data and information, including data on

landings, fishing effort, biology, habitat, economics and social changes, including those

information needs identified pursuant to section 401 of the Magnuson-Stevens Fishery

Conservation and Management Act (16 U.S.C.

1881); or

‘‘(A) establishment of observer programs;

‘‘(B) cooperative research projects developed among States, academic institutions,

and the fishing industry, to obtain data or

other information necessary to meet national or regional management priorities;

‘‘(C) projects to reduce harvesting capacity

performed in a manner consistent with section 312(b) of the Magnuson-Stevens Fishery

and Conservation Act (16 U.S.C. 1862(b));

‘‘(D) projects designed to identify ecosystem impacts of fishing, including the relationship between fishing harvest and marine mammal population abundance; and

‘‘(E) projects for the identification, conservation or restoration of fish habitat.

‘‘(5) Within 90 days of enactment of this

Act, the Secretary of Commerce shall adopt

procedures necessary to implement this section.

‘‘(f) CORAL REEF PROTECTION.—The Secretary of Commerce shall use amounts provided in subsection (b)(4) for the conservation and protection of coral reefs.

‘‘(g) ANNUAL ACCOUNTING.—Not later than

June 15 of each year, each Coastal State receiving moneys from the fund shall account

for all moneys so received for the previous

fiscal year in a written report to the Secretary of Commerce. This report shall include a description of all projects and activities receiving funds under this section.

‘‘(h) CONGRESSIONAL APPROVAL.—The Secretary of Commerce shall transmit, as part

of the annual budget proposal, a priority list

for allocations to Coastal States under subsection (c)(1)(C), and subsections (d), (e), and

(f). Monies shall be made available from the

fund 15 days after the sine die adjournment

of the Congress each year, without further

appropriation, for the projects identified on
CONGRESSIONAL RECORD 3

the priority list, unless prior to such date,

legislation is enacted establishing a different

priority list. If Congress enacts legislation

establishing an alternate priority list, and

such priority list funds less than the annual

authorized funding amount identified in subsections (c)(3), (d), (e), or (f), the difference

between the authorized funding amount and

the alternate priority list shall be available

for expenditure, without further appropriation, in accordance with the priority list

submitted by the Secretary.

‘‘SEC. 32. COASTAL IMPACT ASSISTANCE.

‘‘(a) DEFINITIONS.—In this section:

‘‘(1) DISTANCE.—The term ‘‘distance’’

means minimum great circle distance, measured in statute miles; and

‘‘(2) PRODUCING COASTAL STATE.—The term

‘‘Producing Coastal State’’ means a Coastal

State, any portion of which lies within a distance of 200 miles from the geographic center

of any leased tract having an approved plan

of development, and which leased tract, as of

January 1, 1999, was not covered by a moratorium on leasing, unless the lease was

issued prior to the establishment of the moratorium and was in production on January 1,

1999.

‘‘(b) ESTABLISHED OF FUND.—(1) There is established in the Treasury of the United

States a fund which shall be known as the

‘‘Outer Continental Shelf Impact Assistance

Fund’’ (in this section referred to as the

‘‘fund’’). There shall be deposited into the

fund in fiscal year 2000 and each fiscal year

thereafter $100,000,000 from qualified Outer

Continental Shelf revenues for each leased

tract or portion of a leased tract lying seaward of the zone defined and governed by

section 8(g), or lying within that zone but to

which section 8(g) does not apply. Such moneys shall be sued only to carry out the purposes of this section.

‘‘(2) Of the amounts in the fund, $100,000,000

shall be available each fiscal year for obligation or expenditure in accordance with this

section. Such funds shall be made available

to the Secretary without further appropriation, subject to the requirements of this section, and shall remain available until expended.

‘‘(c) PAYMENT TO PRODUCING COASTAL

STATES.—

‘‘(1) Notwithstanding section 9, the Secretary shall, without further appropriation,

make payments in each fiscal year to Producing Coastal States equal to the amount

deposited in the fund for the prior fiscal

year.

‘‘(2) Such payments shall be allocated

among the Producing Coastal States as follows:

‘‘(A) 25 percent of the funds shall be allocated based on the ratio of the shoreline

miles of the Producing Coastal State to the

shoreline miles of all Producing Coastal

States;

‘‘(B) 25 percent of the funds shall be allocated based on the ratio of the coastal population of the Producing Coastal State to the

coastal population of all Producing Coastal

States;

‘‘(C) 50 percent of the funds shall be allocated based upon the Outer Continental

Shelf oil and gas production offshore of such

Producing Coastal State. The allocation

shall only include qualified Outer Continental Shelf revenues from any leased tract

the geographic center of which lies within a

distance of 200 miles from any portion of

such Producing Coastal State, but shall not

include revenues from any leased tract or

portion of a leased tract which, as of January 1, 1999, was covered by a moratorium on

leasing, unless the lease was issued prior to

the establishment of the moratorium and

was in production on January 1, 1999. Each

Producing Coastal State’s allocable share

shall be inversely proportional to the distance between the nearest port on the coastline of such Producing Coastal State and the

geographic center of each leased tract or portion of the leased tract as determined by the

Secretary.

‘‘(e) MINIMUM STATE SHARE.—The allocable

share of revenues for each Producing Coastal

State shall not be less than $2,000,000.

‘‘(f) USES.Producing coastal States shall

use moneys received from the fund only to

mitigate adverse environmental impacts directly attributable to the development of oil

and gas resources of the Outer Continental

Shelf.

‘‘(g) STATE PLANS AND ANNUAL REPORT.—

(1) Prior to the receipt of funds pursuant to

this section in any fiscal year, a Producing

Coastal State shall submit to the Secretary

a plan for the use of such moneys. The plan

shall be developed with public participation

and in accordance with all applicable State

and Federal laws. The Secretary shall make

payments from the fund only upon determining, in consultation with the Secretary

of Commerce, that the State plan ensures

that the Producing Coastal State will sue its

allocated funds in a manner that is consistent with the purposes of this section.

‘‘(2) No later than June 15 of each year,

each Producing Coastal State receiving

money from this fund shall account for all

moneys so received for the previous fiscal

year in a written report to the Secretary and

the Secretary of Commerce. The report shall

include a description of all projects and activities receiving funds under this section.’’.

TITLE III—WILDLIFE CONSERVATION AND

RESTORATION

SEC. 301. SHORT TITLE

This title may be cited as the ‘‘Wildlife

Conservation and Restoration Act of 2000’’.

SEC. 302. FINDINGS.

The Congress finds and declares that—

(1) a diverse array of species of fish and

wildlife is of significant value to the Nation

for many reasons: aesthetic, ecological, educational, cultural, recreational, economic,

and scientific;

(2) the United States should retain for

present and future generations the opportunity to observe, understand, and appreciate a wide variety of wildlife;

(3) millions of citizens participate in outdoor recreation through hunting, fishing,

and wildlife observation, all of which have

significant value to the citizens who engage

in these activities;

(4) providing sufficient and properly maintained wildlife associated recreational opportunities is important to enhancing public appreciation of a diversity of wildlife and the

habitats upon which they depend;

(5) lands and waters which contain species

neither classified as game nor identified as

endangered or threatened can provide opportunities for wildlife associated recreation

and education such as hunting and fishing

permitted by applicable State or Federal

law;

(6) hunters and anglers have for more than

60 years willingly paid user fees in the form

of Federal excise taxes on hunting and fishing equipment to support wildlife diversity

and abundance, through enactment of the

Federal Aid in Wildlife Restoration Act (16

U.S.C. 1669 et seq.; commonly referred to as

the Pittman-Robertson Act), and the Federal

Aid in Sport Fish Restoration Act (16 U.S.C.

777 et seq.; commonly referred to as the Dingell-Johnson Act);

(7) State programs, adequately funded to

conserve a broader array of wildlife in an individual State and conducted in coordination

with Federal, State, tribal, and private landowners and interested organizations, would

continue to serve as a vital link in a nationwide effort to restore game and nongame

wildlife, and the essential elements of such

programs should include conservation measures which manage for a diverse variety of

populations of wildlife; and

(8) cooperative conservation efforts aimed

at preventing species from becoming endangered will significantly benefit private landowners and other citizens by responding to

early warning signs of decline in a flexible,

incentive-based manner that minimizes the

social and economic costs often associated

with listing species as threatened or endangered; and

(9) it is proper for Congress to bolster and

extend this highly successful program to aid

game and nongame wildlife in supporting the

health and diversity of habitat, as well as

providing funds for conservation education.

SEC. 303. PURPOSES.

The purposes of this title are—

(1) to extend financial and technical assistance to the States under the Federal Aid in

Wildlife Restoration Act for the benefit of a

diverse array of wildlife and associated habitats, including species that are not hunted or

fished, to fulfill unmet needs of wildlife

within States while recognizing the mandate

of the States to conserve all wildlife;

(2) to assure sound conservation policies

through the development, revision and implementation of wildlife associated recreation and wildlife associated education and

wildlife conservation law enforcement;

(3) to encourage State fish and wildlife

agencies to create partnerships between the

Federal Government, other State agencies,

wildlife conservation organizations, and outdoor recreation and conservation interests

through cooperation planning and implementation of this title;

(4) to encourage State fish and wildlife

agencies to provide for public involvement in

the process of development and implementation of a wildlife conservation and restoration program.

SEC. 304. DEFINITIONS.

(a) REFERENCE TO LAW.—The term ‘‘Federal Aid in Wildlife Restoration Act’’ means

the Act of September 2, 1937 (16 U.S.C. 669 et

seq.), commonly referred to as the Federal

Aid in Wildlife Restoration Act or PittmanRobertson Act.

(b) WILDLIFE CONSERVATION AND RESTORATION PROGRAM.—Section 2 of the Federal Aid

in Wildlife Restoration Act (16 U.S.C. 669a) is

amended by inserting after ‘‘shall be construed’’ the first place it appears the following: ‘‘to include the wildlife conservation

and restoration program and’’.

(c) STATE AGENCIES.—Section 2 of the Federal Aid in Wildlife Restoration Act (16

U.S.C. 669a) is further amended by inserting

‘‘or State fish and wildlife department’’ after

‘‘State fish and game department’’.

(d) CONSERVATION.—Section 2 of the Federal Aid in Wildlife Restoration Act (16

U.S.C. 669a) is further amended by striking

the period at the end thereof, substituting a

semicolon, and adding the following: ‘‘the

term necessary or desirable to sustain

healthy populations of wildlife including all

activities associated with scientific resources management such as research, census, monitoring or populations, acquisition,

improvement and management of habitat,

live trapping and transplantation, wildlife

damage management, and periodic or total

protection of a species or population as well

as the taking of individuals within wildlife

stock or population if permitted by applicable State and Federal law; the term ‘wildlife

conservation and restoration program’ shall

be construed to mean a program developed

by a State fish and wildlife department that

the Secretary determines meets the criteria
4 CONGRESSIONAL RECORD

in section 6(d), the projects that constitute

such a program, which may be implemented

in whole or part through grants and contracts by a Republican to other Republican,

Federal, or local agencies wildlife conservation organizations and outdoor recreation

and conservation education entities from

funds apportioned under this title, and maintenance of such projects; the term ‘wildlife’

shall be construed to mean any species of

wild, free-ranging fauna including fish, and

also fauna in captive breeding programs the

object of which is to reintroduce individuals

of a depleted indigenous species into previously occupied range; the term ‘wildlife-associated recreation’ shall be construed to

mean projects intended to meet the demand

for outdoor activities associated with wildlife including, but not limited to, hunting

and fishing, such projects as construction or

restoration of wildlife viewing areas, observation towers, blinds, platforms, land and

water trails, water access, trailheads, and

access for such projects; and the term ‘wildlife conservation education’ shall be construed to mean projects, including public

outreach, intended to foster responsible natural resource stewardship.’’.

(e) FUNDING.—Subsection 3(a) of the Federal Aid in Wildlife Restoration Act (16

U.S.C. 669b(a)) is amended in the first

sentence—

(1) by inserting at the beginning thereof

the following: ‘‘there shall be deposited into

the Federal Aid in Wildlife Restoration Fund

(referred to as the ‘‘fund’’) in the Treasury:

(1)’’; and

(2) by striking ‘‘shall,’’;

(3) by inserting after ‘‘Internal Revenue

Code of 1954’’ the following: ‘‘; and (2)

$350,000,000 in fiscal year 2001 and each fiscal

year thereafter from qualified Other Continental Shelf revenues (as that term is defined in section 2(u) of the Outer Continental

Shelf Land Act (43 U.S.C. 1331(u)) (as amended by the Coastal Stewardship Act of

2000)).’’; and

(4) by striking ‘‘be covered into’’ and all

that follows through ‘‘is authorized’’ and inserting ‘‘Moneys in the fund are authorized’’.

SEC. 305. SUBACCOUNTS.

Section 3 of the Federal Aid in Wildlife

Restoration Act (16 U.S.C. 669b) is further

amended by adding at the end the following:

‘‘(c) A subaccount shall be established in

the Federal Aid in Wildlife Restoration Fund

in the Treasury to be known as the ‘‘wildlife

conservation and restoration account’’ and

the deposits each fiscal year to such account

shall be equal to the $350,000,000 referred to

in subsection 9a)(2). Amounts in such account shall be made available without further appropriation, for apportionment at the

beginning of fiscal year 2001 and each fiscal

year thereafter to carry out State wildlife

conservation and restoration programs.

‘‘(d) Funds covered into the wildlife conservation and restoration account shall supplement, but not replace, existing funds

available to the States from the sport fish

restoration and wildlife restoration accounts

and shall be used for the development, revision, and implementation of wildlife conservation and restoration programs and

should be used to address the unmet needs

for a diverse array of wildlife and associated

habitats, with an emphasis on species that

are not hunted or fished, for wildlife conservation, wildlife conservation education,

and wildlife-associated recreation projects.

Such funds may be used for new programs

and projects as well as to enhance existing

programs and projects.

‘‘(e) Notwithstanding subsections (a) and

(b), with respect to the wildlife conservation

and restoration account, so much of the appropriation apportioned to any State for any

fiscal year as remains unexpended at the

close thereof is authorized to be made available for expenditure in that State until the

close of the fourth succeeding fiscal year.

Any amount apportioned to any State under

this subsection that is unexpended or unobligated at the end of the period during which

it is available for expenditure on any project

is authorized to be reapportioned to all

States during the succeeding fiscal year.’’.

SEC. 306. ALLOCATION OF SUBACCOUNT RECEIPTS.

Section 4 of the Federal Aid in Wildlife

Restoration Act (16 U.S.C. 669c) is amended

by adding the following:

‘‘(c)(1) Notwithstanding subsection (a), not

more than 2 percent of the revenues deposited into the wildlife conservation and restoration account in each fiscal year as the

Secretary of the Interior may estimate to be

necessary for expenses in the administration

and execution of programs carried out under

the wildlife conservation and restoration account shall be deducted for that purpose, and

such amount is authorized to be made available therefor until the expiration of the next

succeeding fiscal year. Within 60 days after

the close of such fiscal year, the Secretary

shall apportion any portion thereof as remains unexpended, if any, on the same basis

and in the same manner as is provided under

paragraphs (2) and (3).

‘‘(2) The Secretary, after making the deduction under paragraph (1), shall make the

following apportionment from the amount

remaining in the wildlife conservation and

restoration account:

‘‘(A) to the District of Columbia and to the

Commonwealth of Puerto Rico, each a sum

equal to not more than 1⁄2 of 1 percent thereof; and

‘‘(B) to Guam, American Samoa, the Virgin

Islands, and the Commonwealth of the

Northern Mariana Islands, each a sum equal

to not more than 1⁄6 of 1 percent thereof.

‘‘(3) The Secretary, after making the deduction under paragraph (1) and the apportionment under paragraph (2), shall apportion the remaining amount in the wildlife

conservation and restoration account for

each year among the States in the following

manner:

‘‘(A) one-third of which is based on the

ratio to which the land area of such State

bears to the total land area of all such

States; and‘‘(B) two-thirds of which is based

on the ratio to which the population of such

State bears to the total population of all

such States.

‘‘(4) The amounts apportioned under this

paragraph shall be adjusted equitably so that

no such State shall be apportioned a sum

which is less than 1⁄2 of 1 percent of the

amount available for apportionment under

this paragraph for any fiscal year or more

than 5 percent of such amount.

‘‘(d) WILDLIFE CONSERVATION AND RESTORATION PROGRAM.—(1) Any State, through its

fish and wildlife department, may apply to

the Secretary for approval of a wildlife conservation and restoration program or for

funds to develop a program, which shall—

‘‘(A) contain provision for vesting in the

fish and wildlife department of overall responsibility and accountability for development and implementation of the program;

and

‘‘(B) contain provision for development and

implementation of—

‘‘(i) wildlife conservation projects which

expand and support existing wildlife programs to meet the needs of a diverse array of

wildlife species, including a wildlife strategy

as set forth in subsection (e),

‘‘(ii) wildlife associated recreation programs, including provisions for non-motorized public access to public lands, and

‘‘(iii) wildlife conservation projects; and

‘‘(C) contain provisions for public participation in the development, revision, and implementation of projects and programs stipulated in subparagraph (B) of this subsection.

‘‘(2) If the Secretary finds that an application for such program contains the elements

specified in subparagraphs (A), (B), and (C) of

paragraph (1), the Secretary shall approve

such application and set aside from the apportionment to the State made pursuant to

section 4(c) an amount that shall not exceed

90 percent of the estimated cost of developing and implementing segments of the program for the first 5 fiscal years following enactment of this subsection and not to exceed

75 percent thereafter. not more than 10 percent of the amounts apportioned to each

State from this subaccount for the State’s

wildlife conservation and restoration program may be used for law enforcement. Following approval, the Secretary may make

payments on a project that is a segment of

the State’s wildlife conservation and restoration programs as the project progresses but

such payments, including previous payments

on the project, if any, shall not be more than

the United States pro rata share of such

project. The Secretary, under such regulations as he may prescribe, may advance

funds representing the United States pro

rata share of a project that is a segment of

a wildlife conservation and restoration program, including funds to develop such program. For purposes of this subsection, the

term ‘State’ shall include the District of Columbia, the Commonwealth of Puerto Rico,

the United States Virgin Islands, Guam,

America Samoa, and the Commonwealth of

the Northern Mariana Islands.

‘‘(e) WILDLIFE CONSERVATION STRATEGY.—

Any state that receives an apportionment

pursuant to section 4(c) shall within five

years of the date of the initial apportionment development and begin implementation of a wildlife conservation strategy based

upon the best scientific information and data

available that—

‘‘(1) integrates available information on

the distribution and abundance of species of

wildlife, including law population and declining species as the State fish and wildlife department deems appropriate, that exemplify

and are indicative of the diversity and health

of wildlife of the State;

‘‘(2) identifies the extend and condition of

habitats and community types essential to

conservation of species identified under

paragraph (1);

‘‘(3) identifies the problems which may adversely affect the species identified under

paragraph (1) or their habitats, and provides

for research to identify factors which may

assist in restoration and more effective conservation of such species and their habitats;

‘‘(4) determines those actions which should

be taken to conserve the species identified

under paragraph (1) in their habitats, and establishes priorities for implementing such

conservation actions;

‘‘(5) provides for periodic monitoring of

species identified under paragraph (1) and

their habitats and the effectiveness of the

conservation actions determined under paragraph (4), and for adapting conservation actions as appropriate to respond to new information or changing conditions;

‘‘(6) provides for the review of the State

wildlife conservation strategy and, if appropriate, revision at intervals of not more than

ten years;

‘‘(7) provides for coordination by the State

fish and wildlife department, during the development, implementation, review, and revision of the wildlife conservation strategy,

with Federal, State, and local agencies and

Indian tribes that manage significant areas

of land or water within the State, or administer programs that significantly affect the
CONGRESSIONAL RECORD 5

conservation of species identified under

paragraph (1) or their habitats.’’.

SEC. 307, FACA.

Coordination with State fish and wildlife

department personnel or with personnel of

other State agencies pursuant to the Federal

Aid in Wildlife Restoration Act or the Federal Aid in Sport Fish Restoration Act shall

not be subject to the Federal Advisory Committee Act (5 U.S.C. App.). Except for the

preceding sentence, the provisions of this

title relate solely to wildlife conservation

and restoration programs as defined in this

title and shall not be construed to affect the

provisions of the Federal Aid in Wildlife Restoration Act relating to wildlife restoration

projects or the provisions of the Federal Aid

in Sport Fish Restoration Act relating to

fish restoration and management projects.

SEC. 308. LAW ENFORCEMENT.

The third sentence of subsection (a) of section 8 of the Federal Aid in Wildlife Restoration Act (16 U.S.C. 669g is amended by inserting before the period at the end thereof: ‘‘,

except that not more than 5 percent of the

funds available from this subaccount for a

State wildlife conservation and restoration

program may be used for law enforcement

through existing State programs.’’

SEC. 309 PROHIBITION AGAINST DIVERSION.

No designated State agency shall be eligible to receive matching funds under this Act

if sources of revenue available to it on January 1, 1998, for conservation of wildlife are diverted for any purpose other than the administration of the designated State agency, it

being the intention of Congress that funds

available to States under this Act be added

to revenues from existing State sources and

not serve as a substitute for revenues from

such sources. Such revenues shall include interest, dividends, or other income earned on

the foregoing.

TITLE IV—ENDANGERED AND THREATENED SPECIES HABITAT PROTECTION

SEC. 401. ENDANGERED AND THREATENED SPECIES RECOVERY FUND.

(A) DEFINITIONS.—As used in this section—

(1)the term ‘‘recovery agreements’’ means

Endangered and Threatened Species Recovery Agreements entered into by the Secretary under subsection (e); and

(2) the term ‘‘Secretary’’ means the Secretary of the Interior.

(B) ESTABLISHMENT.—There is established

in the Treasury of the United States a fund

that shall be known as the ‘‘Endangered and

Threatened Species Recovery Fund’’ (in this

section referred to as the ‘‘fund’’). There

shall deposited into the fund $50,000,000 in

fiscal year 2001 and each fiscal year thereafter from qualified Outer Continental Shelf

revenues (as that term is defined in section

2(u) of the Outer Continental Shelf Lands

Act (43 U.S.C. 1331(u)) (as amended by the

Coastal Stewardship Act of 2000)). Such moneys shall be used only to carry out the purposes of this section.

(b) EXPENDITURES.—Of the amounts in the

fund, $50,000,000 shall be available each fiscal

year to the Secretary of the Interior for obligation or expenditure in accordance with

this section. Such funds shall be made available without further appropriation, subject

to the requirements of this section, and shall

remain available until expended.

(c) FINANCIAL ASSISTANCE.—(1) The Secretary of the Interior may use amounts in

the fund to provide financial assistance to

any person for the development of recovery

agreements.

(2) In providing assistance under this section, the Secretary shall give priority to the

development and implementation of recovery agreements that—

(A) implement actions identified under recovery plans approved by the Secretary

under section 4(f) of the Endangered Species

Act of 1973 (16 U.S.C. 1533(f));

(B) have the greatest potential for contributing to the recovery of an endangered or

threatened species; and

(C) to the extent practicable, require the

assistance of private landowners or the owners or operators of family farms.

(d) PROHIBITION OF ASSISTANCE FOR REQUIRED ACTIVITIES.—The Secretary may not

provide financial assistance under this section for any action that is required by a permit issued under the Endangered Species Act

of 1973 (16 U.S.C. 1531 et seq.) or that is otherwise required under the Act or any other

Federal law.

(e) ENDANGERED AND THREATENED SPECIES

RECOVERY AGREEMENTS.—THE SECRETARY IS

AUTHORIZED TO ENTER INTO ENDANGERED AND

THREATENED SPECIES RECOVERY AGREEMENTS

IN ACCORDANCE WITH THIS SECTION. THE PROPOSE OF SUCH RECOVERY AGREEMENTS SHALL

BE TO PROVIDE VOLUNTARY INCENTIVES FOR

LANDOWNERS TO TAKE ACTIONS TO CONTRIBUTE

TO THE RECOVERY OF ENDANGERED OR THREATENED SPECIES. EACH RECOVERY AGREEMENT

SHALL—

(1) require the person—

(A) to carry out on real property owned or

leased by such person activities that are not

otherwise required by law and that contribute to the recovery of an endangered or

threatened species; and

(B) to refrain from carrying out on real

property owned or leased by such person otherwise lawful activities that would inhibit

the recovery of a threatened or endangered

species;

(2) describe the real property referred to in

paragraph (1);

(3) specify species recovery goals for the

agreement and measures for attaining such

goals;

(4) establish a schedule for the implementation of the recovery agreement; and

(5) specify how the recovery agreement

will be monitored to assess the effectiveness

in attaining the species recovery goals.

SPECIES V—HISTORIC PRESERVATION

FUND

SEC. 501. HISTORIC PRESERVATION FUND

AMENDMENTS.

Section 108 of the National Preservation

Act (16 U.S.C. 470h) is amended—

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

(2) by inserting ‘‘(b)’’ before the first sentence of the second paragraph;

(3) by adding at the end thereof the following new subsections:

‘‘(c) There shall be deposited into the fund

$150,000,000 in fiscal year 2001 and each fiscal

year thereafter from qualified Outer Continental Shelf revenues (as that term is defined in section 2(u) of the Outer Continental

Shelf Lands Act (43 U.S.C. 1331(u)) (as

amended by the Coastal Stewardship Act of

2000)). Such moneys shall be used only to

carry out the purposes of this Act.

‘‘(d)(1) Of the amounts in the fund,

$150,000,000 shall be available each fiscal year

for obligation or expenditure in accordance

with paragraph (2). Such funds shall be made

available without further appropriation, subject to the requirements of this Act, and

shall remain available until expended.

‘‘(2) Of the amounts made available each

fiscal year—

‘‘(A) not less than $75,000,000 shall be available for State, local governmental, and tribal historic preservation programs as provided in subsections 101(b), (c), and (d) of this

Act; and

‘‘(B) %15,000,000 shall be available to the

American Battlefield Protection Program

(section 604 of Public Law 104–333; 16 U.S.C.

469k) for the protection of threatened battlefields; and

‘‘(C) the remainder shall be available for

the matching grant programs authorized in

section 101(e) of this Act: Provided, That not

less than 50 percent of the amounts made

available shall be used for preservation

projects on historic properties in accordance

with this Act, with priority given to the

preservation of endangered historic properties.

‘‘(e)(1) The President shall transmit, as

part of the annual budget proposal, a list of

matching grant programs to be funded and

additional funding amounts, if any, for

State, local governmental, and tribal historic programs. Funds shall be made available from the Historic Preservation Fund,

without further appropriation, 15 days after

the date the Congress adjourns sien die each

year, for the programs identified by the

President to be funded, unless prior to such

date, legislation is enacted establishing

funding, for other specific programs authorized in this Act.

‘‘(2) If the list of programs approved by

Congress funds less than the annual authorized funding amount, the remainder shall be

available for expenditure, without further

appropriation, in accordance with the list of

programs submitted by the President.

‘‘(3) If the President recommends additional funding for State, local government,

or tribal historic preservation programs, priority shall be given to the preservation of

endangered historic properties.’’.

SEC. 502. AMERICAN BATTLEFIELD PROTECTION

PROGRAM AMENDMENTS.

The American Battlefield Act of 1996 (section 604 of Public Law 1045–333; 16 U.S.C.

469k) is amended as follows:

(1) in subsection (c)(2) by adding the following sentence at the end thereof; ‘‘Priority

for financial assistance for the preservation

of Civil War Battlefields shall be given to

sites identified as Priority 1 battlefields in

the 1993 ‘‘Civil War Sites Advisory Commission Report on the Nation’s Civil War Battlefields’’;

(2) by amending subsection (d) to read as

follows:

‘‘(d) FUNDING AUTHORITY.—Of amounts in

the Historic Preservation Fund, $15,000,000

shall be available each year for obligation or

expenditure for the protection of threatened

battlefields in accordance with this title.

Such funds shall be available without further

appropriation, and shall remain available

until expended.’’.

(3) By repealing subsection (e) in its entirety.

TITLE VI—NATURAL RESOURCE

RESTORATION PROGRAMS

SEC. 601. NATIONAL PARK SYSTEM RESOURCE

PROTECTION.

(a) ESTABLISHMENT.—There is established

in the Treasury of the United States a fund

that shall be known as the ‘‘National Park

System Resource Protection Fund’’ (in this

title referred to as the ‘‘fund’’). There shall

be deposited into the fund $150,000,000 in fiscal year 2001 and each fiscal year thereafter

from qualified Outer Continental Shelf revenues (as that term is defined in section 2(u)

of the Outer Continental shelf Lands Act (43

U.S.C. 1331(u)) (as amended by the Coastal

and Marine Resources Enhancement Act of

2000). Such moneys shall be used only to

carry out the purposes of this section.

(b) EXPENDITURES.—(1) Of the amounts in

the fund, $150,000,000 shall be available each

fiscal year to the Secretary of the Interior

for obligation or expenditure in accordance

with this section. Such funds shall be made

available without further appropriation, subject to the requirements of this section, and

shall remain available until expended.

(2) Amounts in the fund shall only be used

to protect significant natural, cultural or
6 CONGRESSIONAL RECORD

historical resources at units of the National

park System that are—

(A) threatened by activities occurring inside or outside park boundaries; or

(B) in need of stabilization or restoration.

(3) The Secretary is authorized to enter

into cooperative agreements with State and

local governments and other public and private organizations to carry out the purposes

of this section.

(4) No funds made available by this section

shall be used for—

(A) acquisition of lands or interests therein;

(B) salaries of National Park Service permanent employees;

(C) construction of roads;

(D) construction of new visitor centers;

(E) routine maintenance activities; or

(F) specific projects which are funded by

the Recreational Fee Demonstration Program (section 315 of Public Law 104–134; 16

U.S.C. 460l (note)).

(5)(A) The Secretary of the Interior shall

prepare, as part of the annual budget proposal, a priority list for projects to be funded

under this section. Moneys shall be made

available from the fund, without further appropriation, 15 days after the date the Congress adjourns sine die each year, for the

projects identified on the priority list, unless

prior to such date, legislation is enacted establishing a different priority list.

(B) In preparing the list of projects to be

funded under this section, the Secretary of

the Interior shall give priority to projects

that—

(i) are identified in the park unit’s general

management plan;

(ii) are included in authorized environmental restoration projects; or

(iii) are identified by the Secretary of the

Interior as necessary to prevent immediate

damage to a park unit’s natural, cultural, or

historical resources.

(B) If Congress enacts legislation establishing an alternate priority list, and such

priority list funds less than the annual authorized funding amount identified in subjection (b)(1), the difference between the authorized funding amount and the alternate

priority list shall be available for expenditure, without further appropriation, in accordance with the priority list submitted by

the Secretary of the Interior.

SEC. 602. CORAL REEF RESOURCE CONSERVATION FUND.

(a) ESTABLISHMENT OF FUND.—There is established in the Treasury of the United

States a fund that shall be known as the

‘‘Coral Reef Resources Restoration Fund’’ (in

this section referred to as the ‘‘fund’’). There

shall be deposited into the fund $15,000,000 in

fiscal year 2000 and each fiscal year thereafter from qualified Outer Continental Shelf

revenues (as that term is defined in section

2 of the Outer Continental Shelf Lands Act

(43 U.S.C. 1331) (as amended by the Coastal

and Marine Resources Enhancement Act of

1999)). Such moneys shall be used only to

carry out the purposes of this section.

(b) EXPENDITURES.—(1) Of the amounts in

this fund, $15,000,000 shall be available each

fiscal year to the Secretary of the Interior

for obligation or expenditure in accordance

with this section, and shall remain available

until expended.

(2)(A) the Secretary shall prepare, as part

of the annual budget proposal, priority list

for projects to be funded under this section.

Monies shall be made available from the

fund, without further appropriation, 15 days

after the date the Congress adjourns sine die

for each year, for the projects identified on

that priority list, unless prior to such date,

legislation is enacted establishing a different

priority list.

(B) If Congress enacts legislation establishing an alternate priority list, and such

priority list funds less than the annual authorized funding amount identified in subsection (b)(1), the difference between the authorized funding amount and the alternate

priority list shall be available for expenditure, without further appropriation, in accordance with the priority list submitted by

the Secretary.

(c) DEFINITIONS.—As used in this section—

(1) the term ‘‘coral reef’’ means species (including reef plants and coralline algae),

habitats, and other natural resources associated with any reefs or shoals composed primarily of corals within all maritime areas

and zones subject to the jurisdiction of the

Secretary of the Interior, including in the

south Atlantic, Caribbean, Gulf of Mexico,

and pacific Ocean;

(2) the term ‘‘coral’’ means species of the

phylum Cnidaria, including—

(A) all species of the orders Antipatharia

(black corals), Scleractinia (stony corals),

Gorgonacea (horny corals), Stlolnifea

(organpipe corals and others), Alcyanacea

(soft corals), and Coenothecalia (blue corals),

of the class Anthozoa; and

(B) all species of the order Hydrocoralline

(fire corals and hydrocorals), of the class

Hydroza;

(3) the term ‘‘Secretary’’ means the Secretary of the Interior;

(4) the term ‘‘coral reef conservation

project’’ means activities that contribute to

or result in preserving, sustaining or enhancing coral reef ecosystems as healthy, diverse

and viable ecosystems, including—

(A) actions to enhance or improve resource

management of coral reefs, such as assessment, scientific research, protection, restoration and mapping;

(B) habitat monitoring and species surveys

and monitoring;

(C) activities necessary for planning and

development of strategies for coral reef management;

(D) Community outreach and education on

coral reef importance and conservation; and

(E) activities in support of the enforcement of laws relating to coral reefs; and

(5) the term ‘‘coral reef task force’’ means

the task force established under Executive

order 13089 (June 11, 1998)

(d) CORAL REEF CONSERVATION PROGRAM.—

(1) The Secretary shall provide grants of financial assistance for coral reef conservation projects on areas under the jurisdiction

of the Department of the Interior in accordance with this section.

(2)(A) Except as provided in subparagraph

(B), Federal funds for any coral reef conservation project under this section may not

exceed 75 percent of the total cost of such

project. For purposes of this paragraph, the

non-Federal share of project costs may be

provided in in-kind contributions or other

non-cash support.

(B) The Secretary may waive all or part of

the matching fund requirement under paragraph (A) if the project costs are $25,000 or

less.

(3) Any relevant natural resource management authority of a Sate or territory of the

United States, or other government authority with jurisdiction over coral reefs or

whose activities affect coral reefs, or educational or non-governmental institutions or

organizations with demonstrated expertise

in marine science or the conservation of

coral reefs, may submit a proposal for funding to the Secretary.

(4) The Secretary shall ensure that financial assistance provided under subsection (a)

is distributed so that—

(A) not less than 40 percent of the funds

available are awarded for conservation

projects in the Pacific Ocean;

(B) not less than 40 percent of the funds are

awarded for coral reef restoration and conservation projects in the Atlantic, Gulf of

Mexico and Caribbean Sea; and

(C) remaining funds are awarded for coral

reef project that address emerging priorities

or threats identified by the Secretary in consultation with the Coral Reef Task Force.

(5) After consultation with the Coral Reef

Task Force, States and territories, regional

and local entities, and non-governmental organizations involved in coral and marine

conservation, the Secretary shall identify—

(A) site-specific threats and constraints,

and

(B) comprehensive threats known to affect

coral reef ecosystems in the national parks,

refuges, territories and possessions to be

used in establishing funding priorities for

grants issued under subsection (a).

(6) The Secretary shall review and rank

final coral reef conservation project proposals according to the criteria set out in

subsection (d)(7).

(A) For projects costing $25,000 or greater,

the Secretary shall provide for the meritbased peer review of the proposal and require

standardized documentation of that peer review.

(B) As part of the peer review process for

individual grants, the Secretary shall also

request written comments from the appropriate bureaus or departments of State or

territorial governments, or other governmental jurisdiction, where the project is proposed to be conducted.

(7) The Secretary shall evaluate final

project proposals based on the degree to

which the project will—

(A) promote the long-term protection, conservation, restoration or enhancement of

coral reef ecosystems within or adjoining

areas under the jurisdiction of the Department of the Interior;

(B) promote cooperative conservation

projects with local communities, non-governmental organizations, educational or private institutions; or local affected governments, territories or insular areas;

(C) enhance public knowledge and awareness of coral reef resources and sustainable

use through education and outreach;

(D) develop sound scientific information on

the condition of coral reef ecosystems or the

threats to such ecosystems, through mapping, monitoring, research and analysis; and

(E) enhance compliance with laws relating

to coral reefs.

(8) Within 180 days after the enactment of

this Act, the Secretary shall promulgate

guidelines and requirements for implementing this section, including the requirements for project proposals.

(A) In developing guidelines and requirements, the Secretary shall consult with the

Coral Reef Task Force, interested States, regional and local entities, and non-governmental organizations.

TITLE VII—URBAN PARK AND FORESTRY

PROGRAMS

SEC. 701. URBAN PARK AND RECREATION RECOVERY FUND.

Section 1013 of the Urban Park and Recreation Recovery Act of 1978 (Title X of Public

Law 95–625; 16 U.S.C. 2512) is amended to read

as follows:

‘‘(a) There is established in the Treasury of

the United States a fund that shall be known

as the ‘Urban Park and Recreation Recovery

Fund’ (referred to as the ‘fund’). There shall

deposited into the fund $75,000,000 in fiscal

year 2001 and each fiscal year thereafter

from qualified Outer Continental Shelf revenues (as that term is defined in section 2(u)

of the Outer Continental Shelf Lands Act (43

U.S.C. 1331(u)) (as amended by the Coastal

Stewardship Act of 2000)). Such moneys shall

be used only to carry out the purposes of this

Act.
CONGRESSIONAL RECORD 7

‘‘(b)(1) Of the amounts in the fund,

$75,000,000 shall be available each fiscal year

for obligation or expenditure in accordance

with this Act. Such funds shall be made

available without further appropriation, subject to the requirements of this Act, and

shall remain available until expended.

‘‘(2) Not more than 3 percent of the funds

made available in any fiscal year may be

used for grants for the development of local

park and recreation recovery programs pursuant to subsection 1007(a) and (c) of this

Act.

‘‘(3) Not more than 10 percent of the funds

made available in any fiscal year may be

used for innovation grants pursuant to section 1006 of this act.

‘‘(4) Note more than 15 percent of the funds

made available in any fiscal year may be

provided as grants, in the aggregate, for

projects in any one State.’’.

SEC. 702. URBAN AND COMMUNITY FORESTRY ASSISTANCE FUND.

Section 9(i) of the Cooperative Forestry

Assistance Act of 1978 (Public Law 95–313; 16

U.S.C. 2101(note)) is amended to read as follows:

‘‘(a) There is established in the Treasury of

the United States a fund that shall be known

as the ‘Urban and Community Forestry Assistance Fund’ (referred to as the ‘fund’).

There shall be deposited into the fund

$50,000,000 in fiscal year 2001 and each fiscal

year thereafter from qualified Outer Continental Shelf revenues (as that term is defined in section 2(u) of the Outer Continental

Shelf Lands Act (43 U.S.C. 1331(u)) (as

amended by the Coastal Stewardship Act of

2000)). Such moneys shall be used only to

carry out the purposes of this Act.

‘‘(b) Of the amounts in the fund, $50,000,000

shall be available each fiscal year for obligation or expenditure in accordance with this

Act. Such funds shall be made available

without further appropriation, subject to the

requirements of this Act, and shall remain

available until expended.’’.

TITLE VIII—CONSERVATION EASEMENTS

SEC. 801. FOREST LEGACY FUND.

Section 7(l) of the Cooperative Forestry

Assistance Act of 1978 (Public Law 95–313; 16

U.S.C. 2010 (note)) is amended to read as follows:

‘‘(a) there is established in the Treasury of

the United States a fund that shall be known

as the ‘Forest Legacy Fund’ (referred to as

the ‘fun’). There shall be deposited into the

fund $50,000,000 in fiscal year 2001 and each

fiscal year thereafter from qualified Outer

Continental Shelf revenues (as that term is

defined in section 2(u) of the Outer Continental Shelf Lands Act (43 U.S.C. 1331(u)) (as

amended by the Coastal Stewardship Act of

2000)). Such moneys shall be used only to

carry out the purposes of this Act.

‘‘(b) Of the amounts in the fund, $50,000,000

shall be available each fiscal year to the Secretary of Agriculture for obligation or expenditure in accordance with this Act. Such

funds shall be made available without further appropriation, subject to the requirements of this Act, and shall remain available

until expended.’’.

SEC. 802. FARMLAND PROTECTION PROGRAM.

Section 388(c) of Public Law 104–127 (16

U.S.C. 3831 (note)) is amended to read as follows:

‘‘(a) There is established in the Treasury of

the United States a fund that shall be known

as the ‘Farmland Protection Fund’ (referred

to as the ‘fund’). There shall be deposited

into the fund $50,000,000 in fiscal year 2001

and each fiscal year thereafter from qualified Outer Continental Shelf revenues (as

that term is defined in section 2(u) of the

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

1331(u)) (as amended by the Coastal Stewardship Act of 2000)). Such moneys shall be used

only to carry out the purposes of this Act.

‘‘(b) Of the amounts in the fund, $50,000,000

shall be available each fiscal year to the Secretary of Agriculture for obligation or expenditure in accordance with this Act. Such

funds shall be made available without further appropriation, subject to the requirements of this Act, and shall remain available

until expended.’’.

SEC. 803. RANCHLAND PROTECTION.

(a) ESTABLISHMENT OF RANCHLAND PROTECTION FUND.—There is established in the

Treasury of the United States a fund that

shall be known as the ‘‘Ranchland Protection Fund’’ (in this section referred to as the

‘‘fund’’). There shall be deposited into the

fund $50,000,000 in fiscal year 2001 and each

fiscal year thereafter from qualified Outer

Continental Shelf revenues (as that term is

defined in section 2(u) of the Outer Continental Shelf Lands Act (43 U.S.C. 1331(u)) (as

amended by the Coastal Stewardship Act of

2000)). Such moneys shall be used only to

carry out the purposes of this section.

(b) EXPENDITURES.—Of the amounts in the

fund, $50,000,000 shall be available each fiscal

year to the Secretary of the Interior for obligation or expenditure in accordance with

this section. Such funds shall be made available without further appropriation, subject

to the requirements of this section, and shall

remain available until expended.

(c) RANCHLAND PROTECTION PROGRAM.—(1)

The Secretary of the Interior shall establish

and carry out a program, to be known as the

‘‘Ranchland Protection Program’’, under

which the Secretary shall provide grants

from the Ranchland Protection Fund to

State or local governmental agencies, Indian

tribes or appropriate non-profit organizations to provide the Federal share of the cost

of purchasing permanent conservation easements on ranchland, for the purpose of protecting the continued use of the land as

ranchland or open space and preventing its

conversion to non-agricultural or open space

uses.

(2) No funds made available under this section may be used to acquire any interest in

land without the consent of the owner thereof.

(3) The holder of a conservation easement

described in paragraph (1) may enforce the

conservation requirements of the easement.

(4) Prior to making funds available for a

grant under this section, the Secretary of

the Interior shall receive certification from

the Attorney General of the State in which

the conservation easement is to be purchased

that the conservation easement is in a form

that is sufficient, under the laws of that

State, to achieve the purpose of the Ranchland Protection Program and the terms and

conditions of the grant.

(5) For the purposes of this section, the

term ‘‘ranch land’’ means private or tribally

owned range land, pasture land, grazed forest

land, and hay land.

TITLE IX—NATURAL RESOURCE

COMMUNITY INVESTMENT PROGRAMS

SEC. 901. YOUTH CONSERVATION CORPS FUND.

Section 106 of the Youth Conservation

Corps Act of 1970 (Public Law 91–378; 16

U.S.C. 1706) is amended to read as follows:

‘‘(a) There is established in the Treasury of

the United States a fund that shall be known

as the ‘Youth Conservation Corps Fund’ (in

this section referred to as the ‘fund’). There

shall be deposited into the fund $60,000,000 in

fiscal year 2001 and each fiscal year thereafter from qualified Outer Continental Shelf

revenues (as that term is defined in section

2(u) of the Outer Continental Shelf Lands

Act (43 U.S.C. 1331(u)) (as amended by the

Coastal Stewardship Act of 2000)). Such moneys shall be used only to carry out the purposes of title I and II of this Act.

‘‘(b) Of the amounts in the fund, $60,000,000

shall be available each fiscal year for obligation or expenditure in accordance with titles

I and II of this Act. Such funds shall be made

available to the Secretary of Agriculture and

the Secretary of the Interior, without further appropriation, subject to the requirements of titles I and II of this Act, and shall

remain available until expended.’’.

SEC. 902. FOREST SERVICE RURAL COMMUNITY

ASSISTANCE.

(A) RURAL DEVELOPMENT PROGRAM.—The

Cooperative Forestry Assistance Act of 1978

(Public Law 95–313; 16 U.S.C. 2101 (note)) is

amended by adding the following new section:

‘‘SEC. 21. RURAL DEVELOPMENT.

‘‘(a) The Secretary shall conduct a Rural

Development program to provide technical

assistance to rural communities for sustainable rural development purposes.

‘‘(b) There is established in the Treasury of

the United States a fund that shall be known

as the ‘Forest Service Rural Development

Fund’ (in this section referred to as the

‘fund’). There shall be deposited into the

fund $25,000,000 in fiscal year 2001 and each

fiscal year thereafter from qualified Outer

Continental Shelf revenues (as that term is

defined in section 2(u) of the Outer Continental Shelf Lands Act (43 U.S.C. 1331(u)) (as

amended by the Coastal Stewardship Act of

2000)). Such moneys shall be used only to

carry out the purposes of this Act.

‘‘(c) Of the amounts in the fund, $25,000,000

shall be available each fiscal year to the Secretary of Agriculture for obligation or expenditure in accordance with this Act. Such

funds shall be made available without further appropriation, subject to the requirements of this section, and shall remain available until expended.’’.

(b) RURAL COMMUNITY ASSISTANCE.—Section 2379 of the National Forest-Dependent

Rural Communities Economic Diversification Act (Public Law 101–624, 7 U.S.C. 6601

(note)) is amended to read as follows:

‘‘(a) There is established in the Treasury of

the United States a fund that shall be known

as the ‘Forest Service Rural Community Assistance Fund’ (in this section referred to as

the ‘fund’). There shall be deposited into the

fund $25,000,000 in fiscal year 2001 and each

fiscal year thereafter from qualified Outer

Continental Shelf revenues (as that term is

defined in section 2(u) of the Outer Continental Shelf Lands Act (43 U.S.C. 1331(u)) (as

amended by the Coastal Stewardship Act of

2000)). Such moneys shall be used only to

carry out the purposes of this Act.

‘‘(b) Of the amounts in the fund, $25,000,000

shall be available each fiscal year for obligation or expenditure in accordance with this

Act. Such funds shall be made available

without further appropriation, subject to the

requirements of this Act, and shall remain

available until expended.’’.

TITLE X—PAYMENT IN LIEU OF TAXES

SEC. 1001. PAYMENT IN LIEU OF TAXES.

Section 6906 of title 31, United States Code,

(96 Stat. 1035) is amended to read as follows:

‘‘(a) There is established in the Treasury of

the United States a fund that shall be known

as the ‘Payment in Lieu of Taxes Fund’ (referred to as the ‘fund’). There shall be deposited into the fund in fiscal year 2001 and

thereafter from qualified Outer Continental

Shelf revenues (as that term is defined in

section 2(u) of the Outer Continental Shelf

Lands Act (43 U.S.C. 1331(u)) (as amended by

the Coastal Stewardship Act of 2000)) such

moneys as are necessary to full fund payments to units of general local governments

as provided in this Act.

‘‘(b) Amounts in the fund shall be available

each fiscal year to the Secretary of the Interior for obligation or expenditure in accordance with this Act. Such funds shall be made
8 CONGRESSIONAL RECORD

available without further appropriations,

and shall remain available until expended.’’.