(B) JUDICIAL
REVIEW.—Any determina-
tion or assessment of damage to a system re-
source carried out under subparagraph (A) 
shall be subject to judicial review under sub-
chapter II of chapter 5, and chapter 7, of title 
5, United States Code (commonly known as the 
‘‘Administrative Procedure Act’’), on the basis 
of the administrative record developed by the 
Secretary. 
SEC. 5. 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 
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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 
(3) to monitor and study system resources. 
SEC. 6. 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. 
SEC. 7. 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 SERV-
ICE’’ of title I of the Department of the Interior and Re-
lated 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-
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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 (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.), the Act of July 27, 1990 (16 U.S.C. 19jj et seq.), 
or the United States Fish and Wildlife Service Resource 
Protection Act, or for any damage assessment activity: 
Provided further, That sums provided by any individual 
or entity before or after the date of enactment of this Act 
shall remain available until expended and shall not be lim-
ited to monetary payments, but may include stocks, bonds, 
or 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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