of the administrative record developed by the 
Secretary. 
(f) SCOPE.—The liability established by this section 
shall be in addition to any other liability arising under 
Federal or State law. 
SEC. 4. USE OF RECOVERED AMOUNTS. 
(a) IN GENERAL.—An amount equal to the total 
amount of the response costs and damages recovered by 
the Secretary under this Act and any amounts recovered 
by the Federal Government under any provision of Fed-
eral, State, or local law (including regulations) or other-
wise as a result of the destruction or loss of, or injury 
to, any system resource shall be made available to the Sec-
retary, without further appropriation, for use in accord-
ance with subsection (b). 
(b) USE.—The Secretary may use amounts made 
available under subsection (a) only, in accordance with ap-
plicable law— 
(1) to reimburse response costs and damage as-
sessments carried out pursuant to this Act by the 
Secretary or such other Federal agency as the Sec-
retary determines to be appropriate; 
(2) to restore, replace, or acquire the equivalent 
of a system resource that was destroyed, lost, or in-
jured; or 
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(3) to monitor and study the recovery of the 
system resources that were destroyed, lost, or in-
jured. 
(c) ALLOCATION.—The Secretary shall— 
(1) allocate for use under subsection (b) the 
amount of response costs and damages recovered 
with respect to each system resource and made 
available under subsection (a) to the unit, land, or 
water described in section 2(4) within which the sys-
tem resource was located at the time of the destruc-
tion, loss, or injury; and 
(2) after the allocation under paragraph (1), al-
locate any remaining amounts for such use under 
subsection (b) as the Secretary determines to be ap-
propriate. 
SEC. 5. DONATIONS. 
(a) IN GENERAL.—In addition to any other authority 
to accept donations, the Secretary may accept donations 
of money or services for expenditure or use to meet ex-
pected, immediate, or ongoing response costs and dam-
ages. 
(b) TIMING.—A donation described in subsection (a) 
may be expended or used at any time after acceptance of 
the donation, without further action by Congress. 
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SEC. 6. TRANSFER OF FUNDS FROM NATURAL RESOURCE 
DAMAGE ASSESSMENT AND RESTORATION 
FUND. 
The matter under the heading ‘‘NATURAL RESOURCE 
DAMAGE ASSESSMENT AND RESTORATION FUND’’ under 
the heading ‘‘UNITED STATES FISH
AND WILDLIFE 
SERVICE’’ in title I of the Department of the Interior and 
Related Agencies Appropriations Act, 1994 (43 U.S.C. 
1474b–1), is amended by striking ‘‘Provided, That’’ and 
all that follows through ‘‘activities.’’ and inserting the fol-
lowing: ‘‘Provided, That notwithstanding any other provi-
sion of law, any amounts appropriated or credited during 
fiscal year 1992 or any fiscal year thereafter may be trans-
ferred to any account (including through a payment to any 
Federal or non-Federal trustee) to carry out a negotiated 
legal settlement or other legal action for a restoration ac-
tivity under the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9601 
et seq.), the Federal Water Pollution Control Act (33 
U.S.C. 1251 et seq.), the Oil Pollution Act of 1990 (33 
U.S.C. 2701 et seq.), section 100721 of title 54, United 
States Code, or the Refuge System Protection Act: Pro-
vided further, That sums provided by any individual or en-
tity before or after the date of enactment of this Act shall 
remain available until expended and shall not be limited 
to monetary payments, but may include stocks, bonds, or 
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other personal or real property, which may be retained, 
liquidated, or otherwise disposed of by the Secretary for 
the restoration of injured resources or to conduct any new 
damage assessment activity.’’. 
Æ 
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