(2) by inserting before paragraph (2) (as so re-
designated) the following:
‘‘(1) promote balanced and diverse assemblages
of native fish and wildlife;’’;
(3) in paragraph (3) (as so redesignated) by
striking ‘‘nongame’’ and all that follows through
‘‘appropriate,’’ and inserting ‘‘native fish and wild-
life’’;
(4) in paragraph (4) (as so redesignated) by
striking ‘‘(2)’’ and inserting ‘‘(3)’’;
(5) in paragraph (5) (as so redesignated) by
striking ‘‘problems’’ and inserting ‘‘factors’’; and
(6) in paragraphs (7) and (8) (as so redesig-
nated) by striking ‘‘(5)’’ and inserting ‘‘(6)’’.
SEC. 704. CONSERVATION ACTIONS IN ABSENCE OF CON-
SERVATION PLAN.
(a) IN GENERAL.—Section 5 of the Fish and Wildlife
Conservation Act of 1980 (16 U.S.C. 2904) is amended—
(1) 
in 
the 
section 
heading 
by 
striking
‘‘NONGAME’’;
(2) by striking subsection (c), and redesignating
subsection (d) as subsection (c); and
(3) in subsection (c) (as so redesignated) by—
(A) in the subsection heading, by striking
‘‘NONGAME’’;
(B) striking ‘‘nongame fish and wildlife’’
and inserting ‘‘native fish and wildlife’’; and
(C) striking ‘‘and’’ after the semicolon at
the end of paragraph (1), striking the period at
the end of paragraph (2) and inserting ‘‘; and’’,
and adding at the end the following:
‘‘(3) are consistent with the purposes of this
Act.’’.
(b) CONFORMING AMENDMENTS.—Section 6 of the
Fish and Wildlife Conservation Act of 1980 (16 U.S.C.
2905) is amended by striking ‘‘section 5(c) and (d)’’ each
place it appears and inserting ‘‘section 5(c)’’.
SEC. 705. AMENDMENTS RELATING TO REIMBURSEMENT
PROCESS.
Section 6 of the Fish and Wildlife Conservation Act
of 1980 (16 U.S.C. 2905) is amended—
(1) 
in 
the 
section 
heading 
by 
striking
‘‘NONGAME’’;
(2) in subsection (a)(3) by striking ‘‘nongame
fish and wildlife’’;
(3) in subsection (d) by striking ‘‘appropriated’’
and inserting ‘‘available’’;
(4) in subsection (e)(2)—
(A) in subparagraph (A) by striking
‘‘1991’’ and inserting ‘‘2010’’;
(B) in subparagraph (B)—
(i) by striking ‘‘1986’’ and inserting
‘‘2005’’;
(ii) by striking ‘‘section 5(d)’’ and in-
serting ‘‘section 5(c)’’;
(iii) by striking ‘‘nongame fish and
wildlife’’ and inserting ‘‘conservation’’; and
(iv) by adding ‘‘or’’ after the semi-
colon;
(C) by striking subparagraphs (C), (D),
and (E);
(D) by redesignating subparagraph (F) as
subparagraph (C);
(E) in subparagraph (C) (as so redesig-
nated) by striking ‘‘nongame fish and wildlife’’
and inserting ‘‘native fish and wildlife’’; and
(F) in subparagraph (C)(ii) (as so redesig-
nated) by striking ‘‘10 percent’’ and inserting
‘‘50 percent’’;
(5) in subsection (e)(3)—
(A) in subparagraph (A) by striking
‘‘1982, 1983, and 1984’’ and inserting ‘‘2001,
2002, and 2003’’;
(B) in subparagraph (B) by striking
‘‘nongame fish and wildlife’’; and
(C) by amending subparagraph (D) to read
as follows:
‘‘(D) after September 30, 2010, may not
exceed 75 percent of the cost of implementing
and revising the plan during the fiscal year.’’;
and
(6) in subsection (e)(4)—
(A) in subparagraph (A) by striking
‘‘nongame fish and wildlife’’; and
(B) in subparagraph (B) by striking ‘‘fish
and wildlife’’ and inserting ‘‘native fish and
wildlife’’.
SEC. 706. ESTABLISHMENT OF NATIVE FISH AND WILDLIFE
CONSERVATION AND RESTORATION TRUST
FUND; AVAILABILITY OF AMOUNTS.
(a) ESTABLISHMENT OF FUND.—Section 11 of the
Fish and Wildlife Conservation Act of 1980 (16 U.S.C.
2910) is amended to read as follows:
‘‘SEC. 11. NATIVE FISH AND WILDLIFE CONSERVATION AND
RESTORATION FUND.
‘‘(a) ESTABLISHMENT OF FUND.—(1) There is estab-
lished in the Treasury of the United States a fund which
shall be known as the ‘Native Fish and Wildlife Conserva-
tion and Restoration Fund’. The Native Fish and Wildlife
Conservation Fund shall consist of amounts deposited into
the Fund under this subsection.
‘‘(2) Subject to section 5 of the Resources 2000 Act,
from amounts received by the United States as qualified
Outer Continental Shelf revenues each fiscal year, there
shall be deposited into the Fund the following amounts:
‘‘(A) For each of fiscal years 2000 and 2001,
$100,000,000.
‘‘(B) For each of fiscal years 2002, 2003, and
2004, $200,000,000.
‘‘(C) For fiscal year 2005 and each fiscal year
thereafter, $350,000,000.
‘‘(3) The Secretary of the Treasury shall invest mon-
eys in the Fund that are excess to expenditures in public
debt securities with maturities suitable to the needs of the
Fund, as determined by the Secretary of the Treasury,
and bearing interest at rates determined by the Secretary
of the Treasury, taking into consideration current market
yields on outstanding marketable obligations of the United
States of comparable maturity. Interest earned on such
investments shall be deposited into the Fund.
‘‘(b) 
AVAILABILITY
FOR
REIMBURSEMENT
TO
STATES.—Of amounts in the Native Wildlife Fund—
‘‘(1) up to the amount stated in subsection
(a)(2) for a fiscal year shall be available to the Sec-
retary of the Interior for that fiscal year, without
further appropriation, to reimburse States under
section 6 in accordance with the terms and condi-
tions that apply under sections 7 and 8; and
‘‘(2) shall remain available until expended.’’.
(b) CONFORMING AMENDMENTS.—Section 8 of the
Fish and Wildlife Conservation Act of 1980 (16 U.S.C.
2907) is amended—
(1) in subsection (a) by striking ‘‘appropriated’’
and inserting ‘‘available’’; and
(2) in subsection (b)—
(A) in the matter preceding paragraph (1)
by striking ‘‘appropriated’’ and inserting ‘‘avail-
able’’; and
(B) in paragraph (1)—
(i) by striking ‘‘8 percent’’ and insert-
ing ‘‘2 percent’’; and
(ii) by striking ‘‘the purposes for
which so appropriated’’ and inserting ‘‘the
purposes for which the amount is avail-
able’’.
TITLE VIII—ENDANGERED AND
THREATENED 
SPECIES 
RE-
COVERY
SEC. 801. PURPOSES.
The purposes of this title are the following:
(1) To provide a dedicated source of funding to
the Fish and Wildlife Service and the National Ma-
rine Fisheries Service for the purpose of implement-
ing an incentives program to promote the recovery
of endangered species and threatened species and
the habitat upon which they depend.
(2) To promote greater involvement by non-
Federal entities in the recovery of the Nation’s en-
dangered species and threatened species and the
habitat upon which they depend.
SEC. 802. ENDANGERED AND THREATENED SPECIES RE-
COVERY ASSISTANCE.
(a) FINANCIAL ASSISTANCE.—The Secretary may
use amounts in the Endangered and Threatened Species
Recovery Fund established by section 804 to provide fi-
nancial assistance to any person for development and im-
plementation of Endangered and Threatened Species Re-
covery Agreements entered into by the Secretary under
section 804.
(b) PRIORITY.—In providing assistance under this
section, the Secretary shall give priority to the develop-
ment and implementation of recovery agreements that—
(1) 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));
(2) have the greatest potential for contributing
to the recovery of an endangered or threatened spe-
cies; and
(3) to the extent practicable, require use of the
assistance—
(A) on land owned by a small landowner;
or
(B) on a family farm by the owner or oper-
ator of the family farm.
(c) PROHIBITION ON ASSISTANCE FOR REQUIRED
ACTIVITIES.—The Secretary may not provide financial as-
sistance 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 re-
quired under that Act or any other Federal law.
(d) PAYMENTS UNDER OTHER PROGRAMS.—
(1) OTHER PAYMENTS NOT AFFECTED.—Finan-
cial assistance provided to a person under this sec-
tion shall be in addition to, and shall not affect, the
total amount of payments that the person is other-
wise eligible to receive under the conservation re-
serve program established under subchapter B of
chapter 1 of subtitle D of title XII of the Food Se-
curity Act of 1985 (16 U.S.C. 3831 et seq.), the
wetlands reserve program established under sub-
chapter C of that chapter (16 U.S.C. 3837 et seq.),
or the Wildlife Habitat Incentives Program estab-
lished under section 387 of the Federal Agriculture
Improvement and Reform Act of 1996 (16 U.S.C.
3836a).
(2) LIMITATION.—A person may not receive fi-
nancial assistance under this section to carry out ac-
tivities under a species recovery agreement in addi-
tion to payments under the programs referred to in
paragraph (1) made for the same activities if the
terms of the species recovery agreement do not re-
quire financial or management obligations by the
person in addition to any such obligations of the
person under such programs.
SEC. 803. ENDANGERED AND THREATENED SPECIES RE-
COVERY AGREEMENTS.
(a) IN GENERAL.—The Secretary may enter into En-
dangered and Threatened Species Recovery Agreements
for purposes of this title in accordance with this section.
(b) REQUIRED TERMS.—The Secretary shall include
in each species recovery agreement provisions that—
(1) require the person—
(A) to carry out on real property owned or
leased by the person activities not otherwise re-
quired by law that contribute to the recovery of
an endangered or threatened species;
(B) to refrain from carrying out on real
property owned or leased by the person other-
wise lawful activities that would inhibit the re-
covery of an endangered or threatened species;
or
(C) to do any combination of subpara-
graphs (A) and (B);
(2) describe the real property referred to in
paragraph (1)(A) and (B) (as applicable);
(3) specify species recovery goals for the agree-
ment, and measures for attaining such goals;
(4) require the person to make measurable
progress each year in achieving those goals, includ-
ing a schedule for implementation of the agreement;