TITLE V—FEDERAL AND INDIAN
LANDS RESTORATION FUND
SEC. 501. PURPOSE.
The purpose of this title is to provide a dedicated
source of funding for a coordinated program on Federal
and Indian lands to restore degraded lands, protect re-
sources that are threatened with degradation, and protect
public health and safety.
SEC. 502. FEDERAL AND INDIAN LANDS RESTORATION
FUND; AVAILABILITY OF AMOUNTS; ALLOCA-
TION.
(a) ESTABLISHMENT
OF FUND.—There is estab-
lished in the Treasury of the United States a fund that
shall be known as the ‘‘Federal and Indian Lands Restora-
tion Fund’’. Subject to section 5 of this Act, there shall
be deposited into the fund $250,000,000 of qualified
Outer Continental Shelf revenues received by the United
States each fiscal year. Amounts in the fund shall only
be used to carry out the purpose of this title.
(b) AVAILABILITY.—Of amounts in the fund, up to
$250,000,000 shall be available each fiscal year without
further appropriation, and shall remain available until ex-
pended.
(c) ALLOCATION.—Amounts made available under
this section shall be allocated as follows:
(1) DEPARTMENT OF THE INTERIOR.—60 per-
cent shall be available to the Secretary of the Inte-
rior to carry out the purpose of this title on lands
within the National Park System, National Wildlife
Refuge System, and public lands administered by
the Bureau of Land Management.
(2) DEPARTMENT OF AGRICULTURE.—30 per-
cent shall be available to the Secretary of Agri-
culture to carry out the purpose of this title on lands
within the National Forest System.
(3) INDIAN TRIBES.—10 percent shall be avail-
able to the Secretary of the Interior for competitive
grants to qualified Indian tribes under section
503(b).
(d) INVESTMENT OF EXCESS AMOUNTS.—The Sec-
retary of the Treasury shall invest moneys 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 de-
posited into the fund.
SEC. 503. AUTHORIZED USES OF FUND.
(a) IN GENERAL.—Funds made available pursuant to
this title shall be used solely for restoration of degraded
lands, resource protection, maintenance activities related
to resource protection, or protection of public health or
safety.
(b) COMPETITIVE GRANTS TO INDIAN TRIBES.—
(1) GRANT AUTHORITY.—The Secretary of the
Interior shall administer a competitive grant pro-
gram for Indian tribes, using such criteria as may
be developed by the Secretary to achieve the purpose
of this title.
(2) LIMITATION.—The amount received for a
fiscal year by a single Indian tribe in the form of
grants under this subsection may not exceed 10 per-
cent of the total amount provided to all Indian tribes
for that fiscal year in the form of such grants.
(c) PRIORITY LIST.—The Secretary of the Interior
and the Secretary of Agriculture shall each establish prior-
ity lists for the use of funds available under this title.
Each list shall give priority to projects based upon the pro-
tection of significant resources, the severity of damages
or threats to resources, and the protection of public health
or safety.
(d) COMPLIANCE WITH APPLICABLE PLANS.—Any
project carried out on Federal lands with amounts pro-
vided under this title shall be carried out in accordance
with all management plans that apply under Federal law
to the lands.
(e) TRACKING RESULTS.—Not later than the end of
the first full fiscal year for which funds are available under
this title, the Secretary of the Interior and the Secretary
of Agriculture shall jointly establish a coordinated pro-
gram for—
(1) tracking the progress of activities carried
out with amounts made available by this title; and
(2) determining the extent to which demon-
strable results are being achieved by those activities.
SEC. 504. INDIAN TRIBE DEFINED.
In this title, the term ‘‘Indian tribe’’ means an Indian
or Alaska Native tribe, band, nation, pueblo, village, or
community that the Secretary of the Interior recognizes
as an Indian tribe under section 104 of the Federally Rec-
ognized Indian Tribe List Act of 1994 (25 U.S.C. 479a–
1).
TITLE VI—LIVING MARINE RE-
SOURCES 
CONSERVATION,
RESTORATION, AND MANAGE-
MENT ASSISTANCE
SEC. 601. PURPOSE.
The purpose of this title is to provide a dedicated
source of funding for a coordinated program to—
(1) preserve biological diversity and natural as-
semblages of living marine resources, and their habi-
tat; and
(2) provide financial assistance to the coastal
States, private citizens, and nongovernmental enti-
ties for the conservation, restoration, and manage-
ment of living marine resources and their habitat.
SEC. 602. FINANCIAL ASSISTANCE TO COASTAL STATES.
(a) AUTHORIZATION OF ASSISTANCE.—
(1) IN
GENERAL.—The Secretary may use
amounts allocated to an eligible coastal State under
subsection (b) to reimburse the State for costs de-
scribed in paragraph (3) that are incurred by the
State.
(2) ELIGIBLE
COASTAL
STATES.—A coastal
State shall be an eligible coastal State under para-
graph (1) if—
(A) the State has a Living Marine Re-
sources Conservation Plan that is approved
under subsection (d); or
(B) the Secretary determines that the
State is making sufficient progress toward com-
pletion of such a plan.
(3) COSTS ELIGIBLE FOR REIMBURSEMENT.—
The costs referred to in paragraph (1) are the fol-
lowing:
(A) The costs of developing a Living Ma-
rine Resources Conservation Plan pursuant to
subsection (d), as follows:
(i) Not to exceed 90 of such costs in-
curred in each of the first three fiscal
years that begin after the date of the en-
actment of this Act.
(ii) Not to exceed 75 percent of such
costs incurred in each of the fourth and
fifth fiscal years that begin after the date
of the enactment of this Act.
(iii) Not to exceed 75 percent of such
costs incurred in the sixth or seventh year
that begins after the date of the enactment
of this Act (or both), upon a showing by
the State of a need for that assistance for
that year and a finding by the Secretary
that the plan is likely to be completed
within that 2-fiscal-year period.
(B) Not to exceed 75 percent of the costs
of implementing and revising an approved con-
servation plan.
(C) Not to exceed 90 percent of imple-
menting conservation actions under an ap-
proved conservation plan that are undertaken—
(i) in cooperation with one or more
other coastal States; or
(ii) in coordination with Federal ac-
tions for the conservation, restoration, or
management of living marine resources.–
(4) EMERGENCY
FUNDING.—Notwithstanding
paragraph (1), the Secretary may reimburse a coast-
al State for 100 percent of the cost of conservation
actions on a showing of need by the State and if
those actions—
(A) are substantial in character and de-
sign;
(B) meet such of the requirements of sub-
section (d) as may be appropriate; and
(C) are considered by the Secretary to be
necessary to fulfill the purpose of this title.
(5) IN-KIND CONTRIBUTIONS; LIMITATION ON
INCLUDED COSTS.—(A) In computing the costs in-
curred by any State during any fiscal year for pur-
poses of paragraphs (1) and (4), the Secretary, sub-
ject to subparagraph (B), shall take into account, in
addition to each outlay by the State, the value of in-
kind contributions (including real and personal prop-
erty and services) received and applied by the State
during the year for activities for which the costs are
computed.
(B) In computing the costs incurred by any
State during any fiscal year for purposes of para-
graphs (1) and (4)—
(i) the Secretary shall not include costs
paid by the State using Federal moneys re-
ceived and applied by the State, directly or indi-
rectly, for the activities for which the costs are
computed; and
(ii) the Secretary shall not include in-kind
contributions in excess of 50 percent of the
amount of reimbursement paid to the State
under this subsection for the fiscal year.
(C) For purposes of subparagraph (A), in-kind
contributions may be in the form of, but are not re-
quired to be limited to, personal services rendered by
volunteers in carrying out surveys, censuses, and
other scientific studies regarding living marine re-
sources. 
The 
Secretary 
shall 
by 
regulation
establish—
(i) the training, experience, and other
qualifications which such volunteers must have
in order for their services to be considered as
in-kind contributions; and
(ii) the standards under which the Sec-
retary will determine the value of in-kind con-
tributions and real and personal property for
purposes of subparagraph (A).
(D) Any valuation determination made by the
Secretary for purposes of this paragraph shall be
final and conclusive.
(b) ALLOCATION OF FUNDS.—
(1) IN GENERAL.—The Secretary shall allocate
among all coastal States the funds available each fis-
cal year under section 604(b), as follows:
(A) A portion equal to 2⁄3 of the funds
shall be allocated by allocating to each coastal
State an amount that bears the same ratio to
that portion as the coastal population of the
State bears to the total coastal population of all
coastal States.
(B) A portion equal to 1⁄3 of the funds
shall be allocated by allocating to each coastal
State an amount that bears the same ratio to
that portion as the shoreline miles of the State
bears to the shoreline miles of all coastal
States.
(2) MINIMUM AND MAXIMUM ALLOCATIONS.—
Notwithstanding paragraph (1), the total amount al-
located to a coastal State under subparagraphs (A)
and (B) of paragraph (1) for a fiscal year shall be
not less than 1⁄2 of one percent, and not more than
10 percent, of the total amount of funds available
under section 604(b) for the fiscal year.
(c) AVAILABILITY OF FUNDS TO STATES.—
(1) IN
GENERAL.—Amounts allocated to a
coastal State under this section for a fiscal year
shall be available for expenditure by the State in ac-
cordance with this section without further appropria-
tion, and shall remain available for expenditure for
the subsequent fiscal year.
(2) REVERSION.—(A) Except as provided in
subparagraph (B), amounts allocated under sub-
section (b)(1) to a coastal State for a fiscal year
that are not expended before the end of the subse-
quent fiscal year shall, upon the expiration of the
subsequent fiscal year, revert to the Fund and re-
main available for reallocation under subsection (b).
(B) Subparagraph (A) shall not apply to
amounts that are otherwise subject to reallocation
under this paragraph if the Secretary certifies in
writing that the purposes of this title would be bet-
ter served if the amounts remained available for use
by the coastal State.
(C) Amounts that remain available to a coastal
State pursuant to a certification under subpara-
graph (B) may remain available for a period speci-
fied by the Secretary in the certification, which shall
not exceed 2 fiscal years.
(d) APPROVAL OF COASTAL STATE LIVING MARINE
RESOURCES CONSERVATION PLANS.—
(1) SUBMISSION.—A coastal State that seeks fi-
nancial assistance under this section shall submit to
the Secretary, in such manner as the Secretary shall
by regulation prescribe, an application that contains
a proposed Living Marine Resources Conservation
Plan.
(2) REVIEW
AND
APPROVAL.—As soon as is
practicable, but no later than 180 days, after the
date on which a coastal State submits (or resubmits
in the case of a prior disapproval) an application for
the approval of a proposed Living Marine Resources
Conservation Plan, the Secretary shall—
(A) approve the plan, if the Secretary de-
termines that the plan—
(i) fulfills the purpose of this title;
(ii) is substantial in character and de-
sign; and
(iii) meets the requirements set forth
in subsection (e); or
(B) if the proposed plan does not meet the
criteria set forth in subparagraph (A), dis-
approve the conservation plan and provide the
coastal State—
(i) a written statement of the reasons
for disapproval;
(ii) an opportunity to consult with the
Secretary regarding deficiencies in the plan
and the modifications required for ap-
proval; and
(iii) an opportunity to revise and re-
submit the plan.
(e) LIVING MARINE
RESOURCES
CONSERVATION
PLANS.—The Secretary may not approve an Living Ma-
rine Resources Conservation Plan proposed by a coastal
State unless the Secretary determines that the plan—
(1) promotes balanced and diverse assemblages
of living marine resources;
(2) provides for the vesting in a designated
State agency the overall responsibility for the devel-
opment and revision of the plan;
(3) provides for an inventory of the living ma-
rine resources that are within the waters of the
State and are of value to the public for ecological,
economic, cultural, recreational, scientific, edu-
cational, and esthetic benefits;
(4) with respect to species inventoried under
paragraph (3) (in this subsection referred to as
‘‘plan species’’), provides for—
(A) determination of the size, range, and
distribution of their populations; and
(B) identification of the extent, condition,
and location of their habitats;
(5) provides for identification of any significant
factors which may adversely affect the plan species
and their habitats;
(6) provides for determination and implementa-
tion of the actions that should be taken to conserve,
restore, and manage the plan species and their habi-
tats;
(7) provides for establishment of priorities for
implementing conservation actions determined under
paragraph (6);
(8) provides for the monitoring, on a regular
basis, of the plan species and the effectiveness of the
conservation actions determined under paragraph
(6);
(9) provides for review and, if appropriate, revi-
sion of the plan, at intervals of not more than 3
years;
(10) ensures that the public is given oppor-
tunity to make its views known and considered dur-
ing the development, revision, and implementation of
the plan;
(11) identifies and establishes mechanisms for
coordinating conservation, restoration, and manage-
ment actions under the plan with appropriate Fed-
eral and interstate bodies with responsibility for liv-
ing marine resources management and conservation;
and
(12) provides for consultation by the State
agency designated under paragraph (2), as appro-
priate, with Federal and State agencies, interstate
bodies, nongovernmental entities, and the private
sector during the development, revision, and imple-
mentation of the plan, in order to minimize duplica-
tion of effort and to ensure that the best informa-
tion is available to all parties.
SEC. 603. OCEAN CONSERVATION PARTNERSHIPS.
(a) IN GENERAL.—The Secretary may use amounts
available under section 604(b) to make grants for the con-
servation, restoration, or management of living marine re-
sources.
(b) ELIGIBILITY
AND APPLICATION.—Any person
may apply to the Secretary for a grant under this section,
in such manner as the Secretary shall by regulation pre-
scribe.
(c) REVIEW PROCESS.—Not later than 6 months
after receiving an application for a grant under this sec-
tion, the Secretary shall—
(1) request written comments on the project
proposal contained in the application from each
State or territory of the United States, and from
each Regional Fishery Management Council estab-
lished under the Magnuson-Stevens Fishery Con-
servation and Management Act (16 U.S.C. 1801 et
seq.), having jurisdiction over any area in which the
project is proposed to be carried out;
(2) provide for the merit-based peer review of
the project proposal and require standardized docu-
mentation of that peer review;
(3) after reviewing any written comments and
recommendations received under subsection (c)(1),
and based on such comments and recommendations
and peer review, approve or disapprove the proposal;
and
(4) provide written notification of that approval
or disapproval to the applicant.
(d) CRITERIA FOR APPROVAL.—The Secretary may
approve a proposal for a grant under this section only if
the Secretary determines that the proposed project—
(1) fulfills the purposes of this title;
(2) is substantial in character and design; and
(3) provide for the long-term conservation, res-
toration, or management of living marine resources.
(e) PRIORITY CONSIDERATION.—In approving and
disapproving proposals under this section, the Secretary
shall give priority to funding proposed projects that, in
addition to satisfying the criteria of subsection (d), will—
(1) establish or enhance existing cooperation
and coordination between the public and private sec-
tors;
(2) assist in achieving the objectives of a Na-
tional Estuary, National Marine Sanctuary, National
Estuarine Research, Reserve, or other marine pro-
tected area established under Federal or State law;
or
(3) assist in the conservation and enhancement
of essential fish habitat pursuant to the Magnuson
Fishery Conservation and Management Act (16
U.S.C. 1801 et seq.).
(f) LIMITATION
ON AMOUNT
OF GRANTS.—The
amount provided to a private person in a fiscal year in
the form of a grant under this section may not exceed
2 percent of the total amount available for the fiscal year
for such grants.
(g) TERMS AND CONDITIONS OF GRANTS.—The Sec-
retary shall require that each grantee under this section
shall conform with such record-keeping requirements, re-
porting requirements, and other terms and conditions as
the Secretary shall by regulation prescribe.
SEC. 604. LIVING MARINE RESOURCES CONSERVATION
FUND; AVAILABILITY OF AMOUNTS.
(a) ESTABLISHMENT OF FUND.—
(1) IN GENERAL.—There is established in the
Treasury of the United States a fund which shall be
known as the ‘‘Living Marine Resources Conserva-
tion Fund’’.
(2) CONTENTS.—The Fund shall consist of—
(A) amounts deposited into the Fund
under this section; and
(B) amounts that revert to the Fund under
section 602(c)(2).
(3) DEPOSIT OF OCS REVENUES.—Subject to
section 5 of this 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:
(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 each of fiscal year 2005 and each
fiscal year thereafter, $300,000,000.
(b) AVAILABILITY OF AMOUNTS.—
(1) IN GENERAL.—Of amounts in the Fund, up
to the amount stated for a fiscal year in paragraph
(3) shall be available to the Secretary for that fiscal
year without further appropriation to carry out this
title, and shall remain available until expended.
(2) USE.—Of the amounts expended under this
subsection for a fiscal year—
(A) 2⁄3 shall be used by the Secretary for
providing financial assistance to coastal States
under section 602; and
(B) 1⁄3 shall be used by the Secretary for
grants under section 603.
(c) INVESTMENT OF EXCESS AMOUNTS.—The Sec-
retary of the Treasury shall invest moneys in the Fund
that are excess to expenditures in public debt securities
with maturities suitable to the needs of the Fund, as de-
termined by the Secretary of the Treasury, and bearing
interest at rates determined by the Secretary of the Treas-
ury, taking into consideration current market yields on
outstanding marketable obligations of the United States
of comparable maturity. Interest earned on such invest-
ments shall be deposited into the Fund.
SEC. 605. DEFINITIONS.
In this title:
(1) COASTAL POPULATION.—The term ‘‘coastal
population’’ means the population of all political
subdivisions, as determined by the most recent offi-
cial data of the Census Bureau, contained in whole
or in part within the designated coastal boundary of
a State as defined in a State’s coastal zone manage-
ment program under the Coastal Zone Management
Act of 1972 (16 U.S.C. 1451 et seq.).
(2) FUND.—The term ‘‘Fund’’ means the Liv-
ing Marine Resources Conservation Fund established
by section 604.
(3) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of Commerce.
(4) LIVING
MARINE
RESOURCES.—The term
‘‘living marine resources’’ means indigenous fin fish,
anadromous fish, mollusks, crustaceans, and all
other forms of marine animal and plant life, includ-
ing marine mammals and birds, that inhabit marine
or brackish waters of the United States during all
or part of their life cycle.
TITLE VII—FUNDING FOR STATE
NATIVE FISH AND WILDLIFE
CONSERVATION 
AND 
RES-
TORATION
SEC. 701. AMENDMENTS TO FINDINGS AND PURPOSES.
(a) FINDINGS.—Section 2(a) of the Fish and Wildlife
Conservation Act of 1980 (16 U.S.C. 2901(a)) is
amended—
(1) in paragraph (1) by striking ‘‘Fish and
wildlife’’ and inserting ‘‘Native fish and wildlife’’;
(2) in paragraph (2)—
(A) by striking ‘‘fish and wildlife, particu-
larly nongame fish and wildlife’’ and inserting
‘‘native fish and wildlife, particularly nongame
species’’; and
(B) by striking ‘‘maintaining fish and wild-
life’’ and inserting ‘‘maintaining biological di-
versity’’;
(3) in paragraph (3) by striking ‘‘fish and wild-
life’’ and inserting ‘‘native fish and wildlife’’;
(4) in paragraph (4) by striking ‘‘nongame fish
and wildlife’’ and inserting ‘‘native fish and wild-
life’’; and
(5) in paragraph (5) by striking ‘‘fish and wild-
life’’ and all that follows through the end of the sen-
tence and inserting ‘‘native fish and wildlife.’’.
(b) PURPOSES.—Section 2(b) of the Fish and Wild-
life Conservation Act of 1980 (16 U.S.C. 2901(b)) is
amended—
(1) by striking ‘‘nongame fish and wildlife’’
each place it appears and inserting ‘‘native fish and
wildlife’’;
(2) by redesignating paragraphs (1) and (2) as
paragraphs (2) and (3), respectively, and inserting
before paragraph (2) (as so redesignated) the follow-
ing:
‘‘(1) to preserve biological diversity by main-
taining natural assemblages of native fish and wild-
life;’’; and
(3) in paragraph (2), as redesignated, by insert-
ing after ‘‘States’’ the following: ‘‘(and through the
States to local governments where appropriate)’’.
SEC. 702. DEFINITIONS.
Section 3 of the Fish and Wildlife Conservation Act
of 1980 (16 U.S.C. 2902) is amended—
(1) in paragraph (2) by striking ‘‘fish and wild-
life’’ and inserting ‘‘native fish and wildlife’’;
(2) in paragraph (3)—
(A) by striking ‘‘fish and wildlife’’ and in-
serting ‘‘native fish and wildlife’’; and
(B) by striking ‘‘development’’ and insert-
ing ‘‘and restoration’’;
(3) in paragraph (4) by striking ‘‘fish and wild-
life’’ and inserting ‘‘native fish and wildlife’’;
(4) by amending paragraph (5) to read as fol-
lows:
‘‘(5) The term ‘native fish and wildlife’—
‘‘(A) subject to subparagraph (B), means a
fish, animal, or plant species that—
‘‘(i) historically occurred or currently
occurs in an ecosystem, other than as a re-
sult of an introduction; and
‘‘(ii) lives in an unconfined state; and
‘‘(B) does not include any population of a
domesticated species that has reverted to a feral
existence.
Any determination by the Secretary that a species is
or is not a species of native fish and wildlife for pur-
poses of this Act shall be final.’’;
(5) by striking paragraph (6) and redesignating
paragraphs (7) and (8) as paragraphs (6) and (7),
respectively; and
(6) by adding at the end the following:
‘‘(8) The term ‘Native Wildlife Fund’ means
the Native Fish and Wildlife Conservation and Res-
toration Fund established by section 11.
‘‘(9) The term ‘qualified Outer Continental
Shelf revenues’ has the meaning given that term in
section 4 of the Resources 2000 Act.’’.
SEC. 703. CONSERVATION PLANS.
Section 4 of the Fish and Wildlife Conservation Act
of 1980 (16 U.S.C. 2903) is amended—
(1) by redesignating paragraphs (1) through
(10) in order as paragraphs (2) through (11);