[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 446 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                 S. 446

To provide for the permanent protection of the resources of the United 
                  States in the year 2000 and beyond.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 23, 1999

Mrs. Boxer (for herself, Mr. Kerry, and Mr. Torricelli) introduced the 
 following bill; which was read twice and referred to the Committee on 
                      Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
To provide for the permanent protection of the resources of the United 
                  States in the year 2000 and beyond.

    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 ``Resources 2000 Act''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Findings and purpose.
Sec. 4. Definitions.
Sec. 5. Reduction in deposits of qualified OCS revenues for any fiscal 
                            year for which those revenues are reduced.
Sec. 6. Limitation on use of available amounts for administration.
Sec. 7. Budgetary treatment of receipts and disbursements.
        TITLE I--LAND AND WATER CONSERVATION FUND REVITALIZATION

Sec. 101. Amendment of Land and Water Conservation Fund Act of 1965.
Sec. 102. Extension of period for covering amounts into fund.
Sec. 103. Availability of amounts.
Sec. 104. Allocation and use of fund.
Sec. 105. Expansion of State assistance purposes.
Sec. 106. Allocation of amounts available for State purposes.
Sec. 107. State planning.
Sec. 108. Assistance to States for other projects.
Sec. 109. Conversion of property to other use.
    TITLE II--URBAN PARK AND RECREATION RECOVERY PROGRAM AMENDMENTS

Sec. 201. Amendment of Urban Park and Recreation Recovery Act of 1978.
Sec. 202. Purposes.
Sec. 203. Authority to develop new areas and facilities.
Sec. 204. Definitions.
Sec. 205. Eligibility.
Sec. 206. Grants.
Sec. 207. Recovery action programs.
Sec. 208. State action incentives.
Sec. 209. Conversion of recreation property.
Sec. 210. Availability of amounts.
Sec. 211. Repeal.
                 TITLE III--HISTORIC PRESERVATION FUND

Sec. 301. Availability of amounts.
  TITLE IV--FARMLAND, RANCHLAND, OPEN SPACE, AND FORESTLAND PROTECTION

Sec. 401. Purpose.
Sec. 402. Farmland, Ranchland, Open Space, and Forestland Protection 
                            Fund; availability of amounts.
Sec. 403. Authorized uses of Farmland, Ranchland, Open Space, and 
                            Forestland Protection Fund.
Sec. 404. Farmland Protection Program.
Sec. 405. Ranchland Protection Program.
           TITLE V--FEDERAL AND INDIAN LANDS RESTORATION FUND

Sec. 501. Purpose.
Sec. 502. Federal and Indian Lands Restoration Fund; availability of 
                            amounts; allocation.
Sec. 503. Authorized uses of fund.
Sec. 504. Indian tribe defined.
   TITLE VI--LIVING MARINE RESOURCES CONSERVATION, RESTORATION, AND 
                         MANAGEMENT ASSISTANCE

Sec. 601. Purpose.
Sec. 602. Financial assistance to coastal States.
Sec. 603. Ocean conservation partnerships.
Sec. 604. Living Marine Resources Conservation Fund; availability of 
                            amounts.
Sec. 605. Definitions.
TITLE VII--FUNDING FOR STATE NATIVE FISH AND WILDLIFE CONSERVATION AND 
                              RESTORATION

Sec. 701. Amendments to findings and purposes.
Sec. 702. Definitions.
Sec. 703. Conservation plans.
Sec. 704. Conservation actions in absence of conservation plan.
Sec. 705. Amendments relating to reimbursement process.
Sec. 706. Establishment of Native Fish and Wildlife Conservation and 
                            Restoration Trust Fund; availability of 
                            amounts.
         TITLE VIII--ENDANGERED AND THREATENED SPECIES RECOVERY

Sec. 801. Purposes.
Sec. 802. Endangered and threatened species recovery assistance.
Sec. 803. Endangered and threatened species recovery agreements.
Sec. 804. Endangered and Threatened Species Recovery Fund; availability 
                            of amounts.
Sec. 805. Definitions.

SEC. 3. FINDINGS AND PURPOSE.

    (a) Findings.--The Congress finds the following:
            (1) By establishing the Land and Water Conservation Fund in 
        1965, Congress determined that revenues generated by extraction 
        of nonrenewable oil and gas resources on the Outer Continental 
        Shelf should be dedicated to conservation and preservation 
        purposes.
            (2) The Land and Water Conservation Fund has been used for 
        over three decades to protect and enhance national parks, 
        national forests, national wildlife refuges, and other public 
        lands throughout the Nation. In past years, the Land and Water 
        Conservation Fund has also provided States with vital resources 
to assist with acquisition and development of local park and outdoor 
recreation projects.
            (3) In 1978, the Congress amended the Land and Water 
        Conservation Fund to authorize $900,000,000 of annual oil and 
        gas receipts to be used for Federal land acquisition and State 
        recreation projects. In recent years, however, the Congress has 
        failed to appropriate funds at the authorized levels to meet 
        Federal land acquisition needs, and has entirely eliminated 
        State recreation funding, leaving an unallocated surplus of 
        over $12,000,000,000 for fiscal year 1999.
            (4) To better meet land acquisition needs and address 
        growing public demands for outdoor recreation, the Congress 
        should assure that the Land and Water Conservation Fund is used 
        as it was intended to acquire conservation lands and, in 
        partnership with State and local governments, to provide for 
        improved parks and outdoor recreational opportunities.
            (5) The premise of using oil and gas receipts to meet 
        conservation and preservation objectives also underlies the 
        National Historic Preservation Act (16 U.S.C. 470 et seq.). 
        Revenues to the Historic Preservation Fund accumulate at a rate 
        of $150,000,000 annually, but because the Congress has failed 
        in recent years to appropriate the authorized amounts, the fund 
        has an unallocated surplus of over $2,000,000,000 for fiscal 
        year 1999. To reduce the growing backlog of preservation needs, 
        the Congress should assure that the Historic Preservation Fund 
        is used as was intended.
            (6) Building upon the commitment to devote revenues from 
        existing offshore leases to resource protection through the 
        Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-4) 
        and the National Historic Preservation Act (16 U.S.C. 470 et 
        seq.), the Congress should also dedicate revenues from existing 
        oil and gas leases to meet critical national, State, and local 
        preservation and conservation needs.
            (7) Suburban sprawl presents a growing threat to open space 
        and farmland in many areas of the Nation, with an estimated 
        loss of 7,000 acres of farmland and open space every day. 
        Financial resources and incentives are needed to promote the 
        protection of open space, farmland, ranchland, and forests.
            (8) National parks, national forests, national wildlife 
        refuges, and other public lands have significant unmet repair 
        and maintenance needs for trails, campgrounds, and other 
        existing recreational infrastructure, even as outdoor 
        recreation and user demands on these resources are increasing.
            (9) Urban park and recreation needs have been neglected, 
        with resulting increases in crime and other inappropriate 
        activity, in part because the Congress has failed in recent 
        years to provide appropriations as authorized by the Urban Park 
        and Recreation Recovery Act of 1978 (16 U.S.C. 2501 et seq.).
            (10) Although the Endangered Species Act of 1973 (16 U.S.C. 
        1531 et seq.) has prevented the extinction of many plants and 
        animals, the recovery of most species listed under that Act has 
        been hampered by a lack of financial resources and incentives 
        to encourage States and private landowners to contribute to the 
        recovery of protected species.
            (11) Native fish and wildlife populations have declined in 
        many parts of the Nation, and face growing threats from habitat 
        loss and invasive species. Financial resources and incentives 
        are needed for States to improve conservation and management of 
        native species.
            (12) Ocean and coastal ecosystems are increasingly degraded 
        by loss of habitat, pollution, over-fishing, and other threats 
        to the health and productivity of the marine environment. 
        Coastal States should be provided with financial resources and 
        incentives to better conserve, restore, and manage living 
        marine resources.
            (13) The findings of the 1995 National Biological Survey 
        study entitled ``Endangered Ecosystems of the United States: A 
        Preliminary Assessment of Loss and Degradation'', demonstrate 
        the need to escalate conservation measures that protect our 
        Nation's wildlands and habitats.
    (b) Purpose.--The purpose of this Act is to expand upon the 
promises of the Land and Water Conservation Act of 1965 (16 U.S.C. 
460l-4 et seq.) and the National Historic Preservation Act (16 U.S.C. 
470 et seq.) by providing permanent funding for the protection and 
enhancement of the Nations natural, historic, and cultural resources by 
a variety of means, including--
            (1) the acquisition of conservation lands;
            (2) improvement of State and urban parks;
            (3) preservation of open space, farmland, ranchland, and 
        forests;
            (4) conservation of native fish and wildlife;
            (5) recovery of endangered species; and
            (6) restoration of coastal and marine resources.

SEC. 4. DEFINITIONS.

    In this Act:
            (1) Coastline.--The term ``coastline'' has the same meaning 
        that term has in the Submerged Lands Act (43 U.S.C. 1301 et 
        seq.).
            (2) Coastal state.--The term ``coastal State'' has the 
        meaning given the term ``coastal state'' in the Coastal Zone 
        Management Act of 1972 (16 U.S.C. 1451 et seq.).
            (3) Leased tract.--The term ``leased tract'' means a tract, 
        leased under section 8 of the Outer Continental Shelf Lands Act 
        (43 U.S.C. 1337) for the purpose 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.
            (4) Qualified outer continental shelf revenues.--The term 
        ``qualified Outer Continental Shelf revenues''--
                    (A) except as provided in subparagraph (B)--
                            (i) means all moneys received by the United 
                        States from each leased tract or portion of a 
                        leased tract located in the Western or Central 
                        Gulf of Mexico, less such sums as may be 
                        credited to States under section 8(g) of the 
                        Outer Continental Shelf Lands Act (43 U.S.C. 
                        1337(g)) and amounts needed for adjustments and 
                        refunds as overpayments for rents, royalties, 
                        or other purposes; and
                            (ii) includes 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 the Outer Continental Shelf Lands 
                        Act (43 U.S.C. 1331) for such a lease tract or 
                        portion; and
                    (B) does not include any moneys received by the 
                United States under--
                            (i) any lease issued on or after the date 
                        of the enactment of this Act; or
                            (ii) any lease under which no oil or gas 
                        production has occurred before January 1, 1999.

SEC. 5. REDUCTION IN DEPOSITS OF QUALIFIED OCS REVENUES FOR ANY FISCAL 
              YEAR FOR WHICH THOSE REVENUES ARE REDUCED.

    (a) Reduction in Deposits.--The amount of qualified Outer 
Continental Shelf revenues that is otherwise required to be deposited 
for a limited fiscal year into the Land and Water Conservation Fund, 
the Historic Preservation Fund, or any other fund or account 
established by this Act (including the amendments made by this Act) is 
hereby reduced, so that--
            (1) the ratio that the amount deposited (after the 
        reduction) bears to the amount that would otherwise be 
        deposited, is equal to
            (2) the ratio that the amount of qualified Outer 
        Continental Shelf Revenues for the fiscal year bears to--
                    (A) $2,050,000 for fiscal years 2000 and 2001;
                    (B) $2,150,000 for fiscal years 2002, 2003, and 
                2004; and
                    (C) $2,300,000 for fiscal year 2005 and each fiscal 
                year thereafter.
    (b) No Reduction in Deposits of Interest.--Subsection (a) shall not 
apply to deposits of interest earned from investment of amounts in a 
fund or other account.
    (c) Limited Fiscal Year Defined.--In this section, the term 
``limited fiscal year'' means a fiscal year in which the total amount 
received by the United States as qualified Outer Continental Shelf 
revenues is less than--
            (1) $2,050,000, for fiscal years 2000 and 2001;
            (2) $2,150,000, for fiscal years 2002, 2003, and 2004; and
            (3) $2,300,000, for fiscal year 2005 and each fiscal year 
        thereafter.

SEC. 6. LIMITATION ON USE OF AVAILABLE AMOUNTS FOR ADMINISTRATION.

    Notwithstanding any other provision of law, of amounts made 
available by this Act (including the amendments made by this Act) for a 
particular activity, not more than 2 percent may be used for 
administrative expenses of that activity.

SEC. 7. BUDGETARY TREATMENT OF RECEIPTS AND DISBURSEMENTS.

    Notwithstanding any other provision of law, the receipts and 
disbursements of funds under this Act and the amendments made by this 
Act--
            (1) shall not be counted as new budget authority, outlays, 
        receipts, or deficit or surplus for purposes of--
                    (A) the budget of the United States Government as 
                submitted by the President;
                    (B) the congressional budget (including allocations 
                of budget authority and outlays provided therein); or
                    (C) the Balanced Budget and Emergency Deficit 
                Control Act of 1985; and
            (2) shall be exempt from any general budget limitation 
        imposed by statute on expenditures and net lending (budget 
        outlays) of the United States Government.

        TITLE I--LAND AND WATER CONSERVATION FUND REVITALIZATION

SEC. 101. AMENDMENT OF LAND AND WATER CONSERVATION FUND ACT OF 1965.

    Except as otherwise expressly provided, whenever in this title an 
amendment or repeal is expressed in terms of an amendment to, or repeal 
of, a section or other provision, the reference shall be considered to 
be made to a section or other provision of the Land and Water 
Conservation Fund Act of 1965 (16 U.S.C. 460l-4 et seq.)

SEC. 102. EXTENSION OF PERIOD FOR DEPOSITING AMOUNTS INTO FUND.

    Section 2 (16 U.S.C. 460l-5) is amended--
            (1) in the matter preceding subsection (a) by striking 
        ``During the period ending September 30, 2015, there shall be 
        covered into'' and inserting ``There shall be deposited into'';
            (2) in paragraph (c)(1) by striking ``through September 30, 
        2015''; and
            (3) in paragraph (c)(2)--
                    (A) by striking ``shall be credited to the fund'' 
                and all that follows through ``as amended (43 U.S.C. 
                1331 et seq.)'' and inserting ``shall be deposited into 
                the fund, subject to section 5 of the Resources 2000 
                Act, from amounts due and payable to the United States 
                as qualified Outer Continental Shelf revenues (as that 
                term is defined in section 4 of that Act)''; and
                    (B) in the proviso by striking ``covered'' and 
                inserting ``deposited''.

SEC. 103. AVAILABILITY OF AMOUNTS.

    Section 3 (16 U.S.C. 460l-6) is amended by striking so much as 
precedes the third sentence and inserting the following:

                            ``appropriations

    ``Sec. 3. (a) Of amounts in the fund, up to $900,000,000 shall be 
available each fiscal year for obligation or expenditure without 
further appropriation, and shall remain available until expended.
    ``(b) Moneys made available for obligation or expenditure from the 
fund or from the special account established under section 4(i)(1) may 
be obligated or expended only as provided in this Act.
    ``(c) The Secretary 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 
deposited into the fund.''.

SEC. 104. ALLOCATION AND USE OF FUND.

    Section 5 (16 U.S.C. 460l-7) is amended to read as follows:

``SEC. 5. ALLOCATION AND USE OF FUNDS.

    ``(a) In General.--Of the amounts made available for each fiscal 
year by this Act--
            ``(1) 50 percent shall be available for Federal purposes 
        (in this section referred to as the `Federal portion'); and
            ``(2) 50 percent shall be available for grants to States.
    ``(b) Use of Federal Portion.--The President shall, in the annual 
budget submitted by the President for each fiscal year, specify the 
purposes for which the Federal portion of the fund is to be used by the 
Secretary of the Interior and the Secretary of Agriculture. Such funds 
shall be used by the Secretary concerned for the purposes specified by 
the President in such budget submission unless the Congress, in an Act 
making appropriations for the Department of the Interior and related 
agencies for such fiscal year, specifies that any part of such Federal 
portion shall be used by the Secretary concerned for other Federal 
purposes as authorized by this Act.
    ``(c) Federal Priority List.--(1) For purposes of the budget 
submission of the President for each fiscal year, the President shall 
require the Secretary of the Interior and the Secretary of Agriculture 
to prepare Federal priority lists for expenditure of the Federal 
portion.
    ``(2) 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.
    ``(3) In preparing the priority lists, the Secretaries shall 
consider--
            ``(A) the potential adverse impacts which might result if a 
        particular acquisition is not undertaken;
            ``(B) the availability of land appraisal and other 
        information necessary to complete an acquisition in a timely 
        manner; and
            ``(C) such other factors as the Secretaries consider 
        appropriate.''.

SEC. 105. EXPANSION OF STATE ASSISTANCE PURPOSES.

    Section 6(a) (16 U.S.C. 460l-8) is amended by striking ``outdoor 
recreation:''.

SEC. 106. ALLOCATION OF AMOUNTS AVAILABLE FOR STATE PURPOSES.

    Section 6(b) (16 U.S.C. 460l-8) is amended to read as follows:
    ``(b) Distribution Among the States.--(1) Sums made available from 
the fund each fiscal year for State purposes shall be apportioned among 
the several States by the Secretary, in accordance with this 
subsection. The determination of the apportionment by the Secretary 
shall be final.
    ``(2) Two-thirds of the sums made available from the fund each 
fiscal year for State purposes shall be distributed by the Secretary 
using criteria developed by the Secretary under the following formula:
            ``(A) 30 percent shall be distributed equally among the 
        several States.
            ``(B) 70 percent shall be distributed on the basis of the 
        ratio which the population of each State bears to the total 
        population of all States.
    ``(3) One-third of the sums made available from the fund each 
fiscal year for State purposes shall be distributed among the several 
States by the Secretary under a competitive grant program, subject to 
such criteria as the Secretary determines necessary to further the 
purposes of the Act.
    ``(4) The total allocation to an individual State under paragraphs 
(2) and (3) for a fiscal year shall not exceed 10 percent of the total 
amount allocated to the several States under this subsection for that 
fiscal year.
    ``(5) The Secretary shall notify each State of its apportionment, 
and the amounts thereof shall be available thereafter to the State for 
planning, acquisition, or development projects as hereafter described. 
Any amount of any apportionment that has not been paid or obligated by 
the Secretary during the fiscal year in which such notification is 
given and the two fiscal years thereafter shall be reapportioned by the 
Secretary in accordance with paragraph (3), without regard to the 10 
percent limitation to an individual State specified in paragraph (4).
    ``(6)(A) For the purposes of paragraph (2)(A)--
            ``(i) the District of Columbia shall be treated as a State; 
        and
            ``(ii) Puerto Rico, the United States Virgin Islands, Guam, 
        and American Samoa--
                    ``(I) shall be treated collectively as one State; 
                and
                    ``(II) shall each be allocated an equal share of 
                any amount distributed to them pursuant to clause (i).
    ``(B) Each of the areas referred to in subparagraph (A) shall be 
treated as a State for all other purposes of this Act.''.

SEC. 107. STATE PLANNING.

    Section 6(d) (16 U.S.C. 460l-8(d)) is amended to read as follows:
    ``(d) State Plan.--(1)(A) A State plan shall be required prior to 
the consideration by the Secretary of financial assistance for 
acquisition or development projects. In order to reduce costly 
repetitive planning efforts, a State may use for such plan a current 
State comprehensive outdoor recreation plan, a State recreation plan, 
or a State action agenda under criteria developed by the Secretary if, 
in the judgment of the Secretary, the plan used encompasses and 
promotes the purposes of this Act. No plan shall be approved for a 
State unless the Governor of the State certifies that ample opportunity 
for public participation in development and revision of the plan has 
been accorded. The Secretary shall develop, in consultation with 
others, criteria for public participation, and such criteria shall 
constitute the basis for certification by the Governor.
    ``(B) The plan or agenda shall contain--
            ``(i) the name of the State agency that will have the 
        authority to represent and act for the State in dealing with 
        the Secretary for purposes of this Act;
            ``(ii) an evaluation of the demand for and supply of 
        outdoor conservation and recreation resources and facilities in 
        the State;
            ``(iii) a program for the implementation of the plan or 
        agenda; and
            ``(iv) such other necessary information as may be 
        determined by the Secretary.
    ``(C) The plan or agenda shall take into account relevant Federal 
resources and programs and be correlated so far as practicable with 
other State, regional, and local plans.
    ``(2) The Secretary may provide financial assistance to any State 
for the preparation of a State plan under subsection (d)(1) when such 
plan is not otherwise available or for the maintenance of such a 
plan.''.

SEC. 108. ASSISTANCE TO STATES FOR OTHER PROJECTS.

    Section 6(e) (16 U.S.C. 460l-8(e)) is amended--
            (1) in subsection (e)(1) by striking ``, but not including 
        incidental costs relating to acquisition''; and
            (2) in subsection (e)(2) by inserting before the period at 
        the end the following: ``or to enhance public safety.''.

SEC. 109. CONVERSION OF PROPERTY TO OTHER USE.

    Section 6(f)(3) (16 U.S.C. 460l-8(f)) is amended--
            (1) by inserting ``(A)'' before ``No property''; and
            (2) by striking the second sentence and inserting the 
        following:
    ``(B)(i) The Secretary shall approve such conversion only if the 
State demonstrates that no prudent or feasible alternative exists.
    ``(ii) Clause (i) shall not apply to property that is no longer 
viable as an outdoor conservation or recreation facility due to changes 
in demographics, or that must be abandoned because of environmental 
contamination which endangers public health and safety.
    ``(C)(i) The Secretary may not approve such conversion unless the 
conversion satisfies any conditions the Secretary considers necessary 
to assure the substitution of other conservation and recreation 
properties of at least equal market value and reasonable equivalent 
usefulness and location and which are in accord with the existing State 
Plan for conservation and recreation.
    ``(ii) For purposes of clause (i), wetland areas and interests 
therein, as identified in a plan referred to in that clause and 
proposed to be acquired as suitable replacement property within the 
same State, that is otherwise acceptable to the Secretary shall be 
considered to be of reasonably equivalent usefulness with the property 
proposed for conversion.''.

    TITLE II--URBAN PARK AND RECREATION RECOVERY PROGRAM AMENDMENTS

SEC. 201. AMENDMENT OF URBAN PARK AND RECREATION RECOVERY ACT OF 1978.

    Except as otherwise expressly provided, whenever in this title an 
amendment or repeal is expressed in terms of an amendment to, or repeal 
of, a section or other provision, the reference shall be considered to 
be made to a section or other provision of the Urban Park and 
Recreation Recovery Act of 1978 (16 U.S.C. 2501 et seq.).

SEC. 202. PURPOSES.

    The purpose of this title is to provide a dedicated source of 
funding to assist local governments in improving their park and 
recreation systems.

SEC. 203. AUTHORITY TO DEVELOP NEW AREAS AND FACILITIES.

    Section 1003 (16 U.S.C. 2502) is amended by inserting ``development 
of new recreation areas and facilities, including the acquisition of 
lands for such development,'' after ``rehabilitation of critically 
needed recreation areas, facilities,''.

SEC. 204. DEFINITIONS.

    Section 1004 (16 U.S.C. 2503) is amended--
            (1) in paragraph (j) by striking ``and'' after the 
        semicolon;
            (2) in paragraph (k) by striking the period at the end and 
        inserting a semicolon; and
            (3) by adding at the end the following:
            ``(l) `development grants'--
                    ``(1) means matching capital grants to units of 
                local government to cover costs of development, land 
                acquisition, and construction on existing or new 
                neighborhood recreation sites, including indoor and 
                outdoor recreational areas and facilities, and support 
                facilities; and
                    ``(2) does not include landscaping, routine 
                maintenance, and upkeep activities;
            ``(m) `qualified Outer Continental Shelf revenues' has the 
        meaning given that term in section 4 of the Resources 2000 Act; 
        and
            ``(n) `Secretary' means the Secretary of the Interior.''.

SEC. 205. ELIGIBILITY.

    Section 1005(a) (16 U.S.C. 2504(a)) is amended to read as follows:
    ``(a) Eligibility of general purpose local governments to compete 
for assistance under this title shall be based upon need as determined 
by the Secretary. Generally, eligible general purpose local governments 
shall include the following:
            ``(1) All political subdivisions of Metropolitan, Primary, 
        or Consolidated Statistical Areas, as determined by the most 
        recent Census.
            ``(2) Any other city or town within such a Metropolitan 
        Statistical Area, that has a total population of 50,000 or more 
        as determined by the most recent Census.
            ``(3) Any other county, parish, or township with a total 
        population of 250,000 or more as determined by the most recent 
        Census.''.

SEC. 206. GRANTS.

    Section 1006 (16 U.S.C. 2505) is amended by striking so much as 
precedes subsection (a)(3) and inserting the following:
    ``Sec. 1006. (a)(1) The Secretary may provide 70 percent matching 
grants for rehabilitation, development, and innovation purposes to any 
eligible general purpose local government upon approval by the 
Secretary of an application submitted by the chief executive of such 
government.
    ``(2) At the discretion of such an applicant, a grant under this 
section may be transferred in whole or part to independent special 
purpose local governments, private nonprofit agencies, or county or 
regional park authorities, if--
            ``(A) such transfer is consistent with the approved 
        application for the grant; and
            ``(B) the applicant provides assurance to the Secretary 
        that the applicant will maintain public recreation 
        opportunities at assisted areas and facilities owned or managed 
        by the applicant in accordance with section 1010.
    ``(3) Payments may be made only for those rehabilitation, 
development, or innovation projects that have been approved by the 
Secretary. Such payments may be made from time to time in keeping with 
the rate of progress toward completion of a project, on a reimbursable 
basis.''.

SEC. 207. RECOVERY ACTION PROGRAMS.

    Section 1007(a) (16 U.S.C. 2506(a)) is amended--
            (1) in subsection (a) in the first sentence by inserting 
        ``development,'' after ``commitments to ongoing planning,''; 
        and
            (2) in subsection (a)(2) by inserting ``development and'' 
        after ``adequate planning for''.

SEC. 208. STATE ACTION INCENTIVES.

    Section 1008 (16 U.S.C. 2507) is amended--
            (1) by inserting ``(a) In General.--'' before the first 
        sentence; and
            (2) by striking the last sentence of subsection (a) (as 
        designated by paragraph (1) of this section) and inserting the 
        following:
    ``(b) Coordination With Land and Water Conservation Fund 
Activities.--(1) The Secretary and general purpose local governments 
are encouraged to coordinate preparation of recovery action programs 
required by this title with State plans required under section 6 of the 
Land and Water Conservation Fund Act of 1965, including by allowing 
flexibility in preparation of recovery action programs so they may be 
used to meet State and local qualifications for local receipt of Land 
and Water Conservation Fund grants or State grants for similar purposes 
or for other conservation or recreation purposes.
    (2) The Secretary shall encourage States to consider the findings, 
priorities, strategies, and schedules included in the recovery action 
programs of their urban localities in preparation and updating of State 
plans in accordance with the public coordination and citizen 
consultation requirements of subsection 6(d) of the Land and Water 
Conservation Fund Act of 1965.''.

SEC. 209. CONVERSION OF RECREATION PROPERTY.

    Section 1010 (16 U.S.C. 2509) is amended to read as follows:

                  ``conversion of recreation property

    ``Sec. 1010. (a)(1) No property developed, acquired, or 
rehabilitated under this title shall, without the approval of the 
Secretary, be converted to any purpose other than public recreation 
purposes.
    ``(2) Paragraph (1) shall apply to--
            ``(A) property developed with amounts provided under this 
        title; and
            ``(B) the park, recreation, or conservation area of which 
        the property is a part.
    ``(b)(1) The Secretary shall approve such conversion only if the 
grantee demonstrates no prudent or feasible alternative exists.
    ``(2) Paragraph (1) shall apply to property that is no longer a 
viable recreation facility due to changes in demographics or that must 
be abandoned because of environmental contamination which endangers 
public health or safety.
    ``(c) Any conversion must satisfy any conditions the Secretary 
considers necessary to assure substitution of other recreation property 
that is--
            ``(1) of at least equal fair market value, or reasonably 
        equivalent usefulness and location; and
            ``(2) in accord with the current recreation recovery action 
        plan of the grantee.''.

SEC. 210. AVAILABILITY OF AMOUNTS.

    Section 1013 (16 U.S.C. 2512) is amended to read as follows:

                            ``appropriations

    ``Sec. 1013. (a) In General.--
            ``(1) Establishment of fund.--There is established in the 
        Treasury of the United States a fund that shall be known as the 
        `Urban Park and Recreation Recovery Fund' (in this section 
        referred to as the `Fund'). The Fund shall consist of such 
        amounts as are deposited into the Fund under this subsection. 
        Amounts in the fund shall only be used to carry out this title.
            ``(2) Deposits.--Subject to section 5 of the Resources 2000 
        Act, from amounts received by the United States as qualified 
        Outer Continental Shelf revenues there shall be deposited into 
        the fund $100,000,000 each fiscal year.
            ``(3) Availability.--Of amounts in the fund, up to 
        $100,000,000 shall be available each fiscal year without 
        further appropriation, and shall remain available until 
        expended.
            ``(4) Investment of excess amounts.--The Secretary 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 deposited into the Fund.
    ``(b) Limitations on Annual Grants.--Of amounts available to the 
Secretary each fiscal year under this section--
            ``(1) not more that 3 percent may be used for grants for 
        the development of local park and recreation recovery action 
        programs pursuant to sections 1007(a) and 1007(c);
            ``(2) not more than 10 percent may be used for innovation 
        grants pursuant to section 1006; and
            ``(3) not more than 15 percent may be provided as grants 
        (in the aggregate) for projects in any one State.
    ``(c) Limitation on Use for Grant Administration.--The Secretary 
shall establish a limit on the portion of any grant under this title 
that may be used for grant and program administration.''.

SEC. 211. REPEAL.

    Section 1015 (16 U.S.C. 2514) is repealed.

                 TITLE III--HISTORIC PRESERVATION FUND

SEC. 301. AVAILABILITY OF AMOUNTS.

    Section 108 of the National Historic Preservation Act (16 U.S.C. 
470h) is amended--
            (1) by inserting ``(a)'' before the first sentence;
            (2) in subsection (a) (as designated by paragraph (1) of 
        this section) by striking ``There shall be covered into such 
        fund'' and all that follows through ``(43 U.S.C. 338),'' and 
        inserting ``Subject to section 5 of the Resources 2000 Act, 
        there shall be deposited into such fund $150,000,000 for each 
        fiscal year after fiscal year 1998 from revenues due and 
        payable to the United States as qualified Outer Continental 
        Shelf revenues (as that term is defined in section 4 of that 
        Act),''.
            (3) by striking the third sentence of subsection (a) (as so 
        designated) and all that follows through the end of the 
        subsection and inserting ``Such moneys shall be used only to 
        carry out the purposes of this Act.''; and
            (4) by adding at the end the following:
    ``(b)(1) Of amounts in the fund, up to $150,000,000 shall be 
available each fiscal year after September 30, 1999, for obligation or 
expenditure without further appropriation to carry out the purposes of 
this Act, and shall remain available until expended.
    ``(2) At least \1/2\ of the funds obligated or expended each fiscal 
year under this section shall be used in accordance with this Act for 
preservation projects on historic properties. In making such funds 
available, the Secretary shall give priority to the preservation of 
endangered historic properties.
    ``(c) The Secretary 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 
deposited into the fund.''.

  TITLE IV--FARMLAND, RANCHLAND, OPEN SPACE, AND FORESTLAND PROTECTION

SEC. 401. PURPOSE.

    The purpose of this title is to provide a dedicated source of 
funding to the Secretary of Agriculture and the Secretary of the 
Interior for programs to provide matching grants to certain eligible 
entities to facilitate the purchase of conservation easements on 
farmland, ranchland, open space, and forestland in order to--
            (1) protect the ability of these lands to continue in 
        productive sustainable agricultural use; and
            (2) prevent the loss of their value to the public as open 
        space because of nonagricultural development.

SEC. 402. FARMLAND, RANCHLAND, OPEN SPACE, AND FORESTLAND PROTECTION 
              FUND; AVAILABILITY OF AMOUNTS.

    (a) Establishment of Fund.--There is established in the Treasury of 
the United States a fund that shall be known as the ``Farmland, 
Ranchland, Open Space, and Forestland Protection Fund'' (in this title 
referred to as the ``Fund''). Subject to section 5 of this Act, there 
shall be deposited into the Fund $150,000,000 of qualified Outer 
Continental Shelf revenues received by the United States each fiscal 
year.
    (b) Availability.--Amounts in the Fund shall be available as 
provided in section 403, without further appropriation, and shall 
remain available until expended.
    (c) Investment of Excess Amounts.--The Secretary 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 deposited into the Fund.

SEC. 403. AUTHORIZED USES OF FARMLAND, RANCHLAND, OPEN SPACE, AND 
              FORESTLAND PROTECTION FUND.

    (a) Farmland Protection Program.--The Secretary of Agriculture may 
use up to $50,000,000 annually from the Farmland, Ranchland, Open 
Space, and Forestland Protection Fund for the Farmland Protection 
Program established under section 388 of the Federal Agriculture 
Improvement and Reform Act of 1996 (Public Law 104-127; 16 U.S.C. 3830 
note), as amended by section 404.
    (b) Ranchland Protection Program.--The Secretary of the Interior 
may use up to $50,000,000 annually from the Fund for the Ranchland 
Protection Program established by section 405.
    (c) Forest Legacy Program.--The Secretary of Agriculture may use up 
to $50,000,000 annually from the Fund for the Forest Legacy Program 
established by section 7 of the Cooperative Forestry Assistance Act of 
1978 (16 U.S.C. 2103c).

SEC. 404. FARMLAND PROTECTION PROGRAM.

    (a) Expansion of Existing Program.--Section 388 of the Federal 
Agriculture Improvement and Reform Act of 1996 (Public Law 104-127; 16 
U.S.C. 3830 note) is amended to read as follows:

``SEC. 388. FARMLAND PROTECTION PROGRAM.

    ``(a) Grants Authorized; Purpose.--The Secretary of Agriculture 
shall establish and carry out a program, to be known as the `Farmland 
Protection Program', under which the Secretary shall provide grants to 
eligible entities described in subsection (c) to provide the Federal 
share of the cost of purchasing permanent conservation easements in 
land with prime, unique, or other productive soil for the purpose of 
protecting the continued use of the land as farmland or open space by 
limiting nonagricultural uses of the land.
    ``(b) Federal Share.--The Federal share of the cost of purchasing a 
conservation easement described in subsection (a) may not exceed 50 
percent of the total cost of purchasing the easement.
    ``(c) Eligible Entity Defined.--In this section, the term `eligible 
entity' means--
            (1) an agency of a State or local government;
            (2) a federally recognized Indian tribe; or
            (3) any organization that is organized for, and at all 
        times since its formation has been operated principally for, 
        one or more of the conservation purposes specified in clause 
        (i), (ii), or (iii) of section 170(h)(4)(A) of the Internal 
        Revenue Code of 1986 and--
                    (A) is described in section 501(c)(3) of the Code;
                    (B) is exempt from taxation under section 501(a) of 
                the Code; and
                    (C) is described in paragraph (2) of section 509(a) 
                of the Code, or paragraph (3) of such section, but is 
                controlled by an organization described in paragraph 
                (2) of such section.
    ``(d) Title; Enforcement.--Any eligible entity may hold title to a 
conservation easement described in subsection (a) and enforce the 
conservation requirements of the easement.
    ``(e) State Certification.--As a condition of the receipt by an 
eligible entity of a grant under subsection (a), the attorney general 
of the State in which the conservation easement is to be purchased 
using the grant funds shall certify that the conservation easement to 
be purchased is in a form that is sufficient, under the laws of the 
State, to achieve the conservation purpose of the Farmland Protection 
Program and the terms and conditions of the grant.
    ``(f) Conservation Plan.--Any land for which a conservation 
easement is purchased under this section shall be subject to the 
requirements of a conservation plan to the extent that the plan does 
not negate or adversely affect the restrictions contained in the 
easement.
    ``(g) Technical Assistance.--The Secretary of Agriculture may not 
use more than 10 percent of the amount that is made available for any 
fiscal year under this program to provide technical assistance to carry 
out this section.''.
    (b) Effect on Existing Easements.--The amendment made by subsection 
(a) shall not affect the validity or terms of conservation easements 
and other interests in lands purchased under section 388 of the Federal 
Agriculture Improvement and Reform Act of 1996 (Public Law 104-127; 16 
U.S.C. 3830 note) before the date of the enactment of this Act.

SEC. 405. RANCHLAND PROTECTION PROGRAM.

    (a) Grants Authorized; Purpose.--The Secretary of Interior shall 
establish and carry out a program, to be known as the ``Ranchland 
Protection Program'', under which the Secretary shall provide grants to 
eligible entities described in subsection (c) to provide the Federal 
share of the cost of purchasing permanent conservation easements on 
ranchland, which is in danger of conversion to nonagricultural uses, 
for the purpose of protecting the continued use of the land as 
ranchland or open space.
    (b) Federal Share.--The Federal share of the cost of purchasing a 
conservation easement described in subsection (a) may not exceed 50 
percent of the total cost of purchasing the easement.
    (c) Eligible Entity Defined.--In this section, the term ``eligible 
entity'' means--
            (1) an agency of a State or local government;
            (2) a federally recognized Indian tribe; or
            (3) any organization that is organized for, and at all 
        times since its formation has been operated principally for, 
        one or more of the conservation purposes specified in clause 
        (i), (ii), or (iii) of section 170(h)(4)(A) of the Internal 
        Revenue Code of 1986 and--
                    (A) is described in section 501(c)(3) of the Code;
                    (B) is exempt from taxation under section 501(a) of 
                the Code; and
                    (C) is described in paragraph (2) of section 509(a) 
                of the Code, or paragraph (3) of such section, but is 
                controlled by an organization described in paragraph 
                (2) of such section.
    (d) Title; Enforcement.--Any eligible entity may hold title to a 
conservation easement described in subsection (a) and enforce the 
conservation requirements of the easement.
    (e) State Certification.--As a condition of the receipt by an 
eligible entity of a grant under subsection (a), the attorney general 
of the State in which the conservation easement is to be purchased 
using the grant funds shall certify that the conservation easement to 
be purchased is in a form that is sufficient, under the laws of the 
State, to achieve the conservation purpose of the Ranchland Protection 
Program and the terms and conditions of the grant.
    (f) Conservation Plan.--Any land for which a conservation easement 
is purchased under this section shall be subject to the requirements of 
a conservation plan to the extent that the plan does not negate or 
adversely affect the restrictions contained in the easement.
    (g) Ranchland Defined.--In this section, the term ``ranchland'' 
means private or tribally owned rangeland, pastureland, grazed forest 
land, and hay land.
    (h) Technical Assistance.--The Secretary of the Interior may not 
use more than 10 percent of the amount that is made available for any 
fiscal year under this program to provide technical assistance to carry 
out this section.

           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 resources that are threatened with 
degradation, and protect public health and safety.

SEC. 502. FEDERAL AND INDIAN LANDS RESTORATION FUND; AVAILABILITY OF 
              AMOUNTS; ALLOCATION.

    (a) Establishment of Fund.--There is established in the Treasury of 
the United States a fund that shall be known as the ``Federal and 
Indian Lands Restoration 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 expended.
    (c) Allocation.--Amounts made available under this section shall be 
allocated as follows:
            (1) Department of the interior.--60 percent shall be 
        available to the Secretary of the Interior 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 percent shall be 
        available to the Secretary of Agriculture to carry out the 
        purpose of this title on lands within the National Forest 
        System.
            (3) Indian tribes.--10 percent shall be available to the 
        Secretary of the Interior for competitive grants to qualified 
        Indian tribes under section 503(b).
    (d) Investment of Excess Amounts.--The Secretary 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 deposited 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 program 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 percent 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 priority lists for the use of funds 
available under this title. Each list shall give priority to projects 
based upon the protection 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 provided 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 program for--
            (1) tracking the progress of activities carried out with 
        amounts made available by this title; and
            (2) determining the extent to which demonstrable 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 Recognized Indian Tribe List Act of 1994 (25 
U.S.C. 479a-1).

   TITLE VI--LIVING MARINE RESOURCES CONSERVATION, RESTORATION, AND 
                         MANAGEMENT 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 assemblages 
        of living marine resources, and their habitat; and
            (2) provide financial assistance to the coastal States, 
        private citizens, and nongovernmental entities for the 
        conservation, restoration, and management 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 described in paragraph (3) that are incurred by 
        the State.
            (2) Eligible coastal states.--A coastal State shall be an 
        eligible coastal State under paragraph (1) if--
                    (A) the State has a Living Marine Resources 
                Conservation Plan that is approved under subsection 
                (d); or
                    (B) the Secretary determines that the State is 
                making sufficient progress toward completion of such a 
                plan.
            (3) Costs eligible for reimbursement.--The costs referred 
        to in paragraph (1) are the following:
                    (A) The costs of developing a Living Marine 
                Resources Conservation Plan pursuant to subsection (d), 
                as follows:
                            (i) Not to exceed 90 percent of such costs 
                        incurred in each of the first three fiscal 
                        years that begin after the date of the 
                        enactment 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 conservation 
                plan.
                    (C) Not to exceed 90 percent of implementing 
                conservation actions under an approved conservation 
                plan that are undertaken--
                            (i) in cooperation with one or more other 
                        coastal States; or
                            (ii) in coordination with Federal actions 
                        for the conservation, restoration, or 
                        management of living marine resources.
            (4) Emergency funding.--Notwithstanding paragraph (1), the 
        Secretary may reimburse a coastal 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 design;
                    (B) meet such of the requirements of subsection (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 incurred by any State during any 
        fiscal year for purposes of paragraphs (1) and (4), the 
        Secretary, subject 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 property 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 paragraphs (1) and (4)--
                    (i) the Secretary shall not include costs paid by 
                the State using Federal moneys received and applied by 
                the State, directly or indirectly, 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 required to be limited to, 
        personal services rendered by volunteers in carrying out 
        surveys, censuses, and other scientific studies regarding 
        living marine resources. 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 Secretary will 
                determine the value of in-kind contributions 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 fiscal 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 allocated 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 accordance with this section 
        without further appropriation, and shall remain available for 
        expenditure for the subsequent fiscal year.
            (2) Reversion.--(A) Except as provided in subparagraph (B), 
        amounts allocated under subsection (b)(1) to a coastal State 
        for a fiscal year that are not expended before the end of the 
        subsequent fiscal year shall, upon the expiration of the 
        subsequent fiscal year, revert to the Fund and remain 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 better 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 subparagraph (B) may remain 
        available for a period specified 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 financial 
        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 determines 
                that the plan--
                            (i) fulfills the purpose of this title;
                            (ii) is substantial in character and 
                        design; 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), disapprove 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 approval; 
                        and
                            (iii) an opportunity to revise and resubmit 
                        the plan.
    (e) Living Marine Resources Conservation Plans.--The Secretary may 
not approve a Living Marine 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 development and revision of 
        the plan;
            (3) provides for an inventory of the living marine 
        resources that are within the waters of the State and are of 
        value to the public for ecological, economic, cultural, 
        recreational, scientific, educational, 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 implementation of the 
        actions that should be taken to conserve, restore, and manage 
        the plan species and their habitats;
            (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, revision of 
        the plan, at intervals of not more than 3 years;
            (10) ensures that the public is given opportunity to make 
        its views known and considered during the development, 
        revision, and implementation of the plan;
            (11) identifies and establishes mechanisms for coordinating 
        conservation, restoration, and management actions under the 
        plan with appropriate Federal and interstate bodies with 
        responsibility for living marine resources management and 
        conservation; and
            (12) provides for consultation by the State agency 
        designated under paragraph (2), as appropriate, with Federal 
        and State agencies, interstate bodies, nongovernmental 
        entities, and the private sector during the development, 
        revision, and implementation of the plan, in order to minimize 
        duplication of effort and to ensure that the best information 
        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 conservation, restoration, or 
management of living marine resources.
    (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 prescribe.
    (c) Review Process.--Not later than 6 months after receiving an 
application for a grant under this section, 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 established under the Magnuson-Stevens Fishery 
        Conservation 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 documentation 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, restoration, 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 sectors;
            (2) assist in achieving the objectives of a National 
        Estuary, National Marine Sanctuary, National Estuarine 
        Research, Reserve, or other marine protected 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 Secretary shall require 
that each grantee under this section shall conform with such record-
keeping requirements, reporting 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 Conservation 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 used by the Secretary for grants 
                under section 603.
    (c) Investment of Excess Amounts.--The Secretary 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 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 official 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 management program under the Coastal Zone Management Act 
        of 1972 (16 U.S.C. 1451 et seq.).
            (2) Fund.--The term ``Fund'' means the Living 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, including 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 
                              RESTORATION

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, particularly 
                nongame fish and wildlife'' and inserting ``native fish 
                and wildlife, particularly nongame species''; and
                    (B) by striking ``maintaining fish and wildlife'' 
                and inserting ``maintaining biological diversity'';
            (3) in paragraph (3) by striking ``fish and wildlife'' and 
        inserting ``native fish and wildlife'';
            (4) in paragraph (4) by striking ``nongame fish and 
        wildlife'' and inserting ``native fish and wildlife''; and
            (5) in paragraph (5) by striking ``fish and wildlife'' and 
        all that follows through the end of the sentence and inserting 
        ``native fish and wildlife.''.
    (b) Purposes.--Section 2(b) of the Fish and Wildlife 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 following:
            ``(1) to preserve biological diversity by maintaining 
        natural assemblages of native fish and wildlife;''; and
            (3) in paragraph (2), as redesignated, by inserting 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 wildlife'' and 
        inserting ``native fish and wildlife'';
            (2) in paragraph (3)--
                    (A) by striking ``fish and wildlife'' and inserting 
                ``native fish and wildlife''; and
                    (B) by striking ``development'' and inserting ``and 
                restoration'';
            (3) in paragraph (4) by striking ``fish and wildlife'' and 
        inserting ``native fish and wildlife'';
            (4) by amending paragraph (5) to read as follows:
            ``(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 result 
                        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 purposes 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 Restoration 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);
            (2) by inserting before paragraph (2) (as so redesignated) 
        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 wildlife'';
            (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 redesignated) by 
        striking ``(5)'' and inserting ``(6)''.

SEC. 704. CONSERVATION ACTIONS IN ABSENCE OF CONSERVATION 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 
                        inserting ``section 5(c)'';
                            (iii) by striking ``nongame fish and 
                        wildlife'' and inserting ``conservation''; and
                            (iv) by adding ``or'' after the semicolon;
                    (C) by striking subparagraphs (C), (D), and (E);
                    (D) by redesignating subparagraph (F) as 
                subparagraph (C);
                    (E) in subparagraph (C) (as so redesignated) by 
                striking ``nongame fish and wildlife'' and inserting 
                ``native fish and wildlife''; and
                    (F) in subparagraph (C)(ii) (as so redesignated) 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 established in the 
Treasury of the United States a fund which shall be known as the 
`Native Fish and Wildlife Conservation 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 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 
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 Secretary of the Interior 
        for that fiscal year, without further appropriation, to 
        reimburse States under section 6 in accordance with the terms 
        and conditions 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 ``available''; 
                and
                    (B) in paragraph (1)--
                            (i) by striking ``8 percent'' and inserting 
                        ``2 percent''; and
                            (ii) by striking ``the purposes for which 
                        so appropriated'' and inserting ``the purposes 
                        for which the amount is available''.

         TITLE VIII--ENDANGERED AND THREATENED SPECIES RECOVERY

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 Marine Fisheries Service 
        for the purpose of implementing 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 endangered species and 
        threatened species and the habitat upon which they depend.

SEC. 802. ENDANGERED AND THREATENED SPECIES RECOVERY ASSISTANCE.

    (a) Financial Assistance.--The Secretary may use amounts in the 
Endangered and Threatened Species Recovery Fund established by section 
804 to provide financial assistance to any person for development and 
implementation of Endangered and Threatened Species Recovery Agreements 
entered into by the Secretary under section 804.
    (b) Priority.--In providing assistance under this section, the 
Secretary shall give priority to the development 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 species; 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 operator of 
                the family farm.
    (c) Prohibition on 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 that Act or any other Federal law.
    (d) Payments Under Other Programs.--
            (1) Other payments not affected.--Financial assistance 
        provided to a person under this section shall be in addition 
        to, and shall not affect, the total amount of payments that the 
        person is otherwise eligible to receive under the conservation 
        reserve program established under subchapter B of chapter 1 of 
        subtitle D of title XII of the Food Security Act of 1985 (16 
        U.S.C. 3831 et seq.), the wetlands reserve program established 
        under subchapter C of that chapter (16 U.S.C. 3837 et seq.), or 
        the Wildlife Habitat Incentives Program established 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 financial 
        assistance under this section to carry out activities under a 
        species recovery agreement in addition 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 require 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 RECOVERY AGREEMENTS.

    (a) In General.--The Secretary may enter into Endangered 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 required 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 otherwise lawful 
                activities that would inhibit the recovery of an 
                endangered or threatened species; or
                    (C) to do any combination of subparagraphs (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 agreement, and 
        measures for attaining such goals;
            (4) require the person to make measurable progress each 
        year in achieving those goals, including a schedule for 
        implementation of the agreement;
            (5) specify actions to be taken by the Secretary or the 
        person (or both) to monitor the effectiveness of the agreement 
        in attaining those recovery goals;
            (6) require the person to notify the Secretary if--
                    (A) any right or obligation of the person under the 
                agreement is assigned to any other person; or
                    (B) any term of the agreement is breached by the 
                person or any other person to whom is assigned a right 
                or obligation of the person under the agreement;
            (7) specify the date on which the agreement takes effect 
        and the period of time during which the agreement shall remain 
        in effect;
            (8) provide that the agreement shall not be in effect on 
        and after any date on which the Secretary publishes a 
certification by the Secretary that the person has not complied the 
agreement; and
            (9) allocate financial assistance provided under this title 
        for implementation of the agreement, on an annual or other 
        basis during the period the agreement is in effect based on the 
        schedule for implementation required under paragraph (4).
    (c) Review and Approval of Proposed Agreements.--Upon submission by 
any person of a proposed species recovery agreement under this section, 
the Secretary--
            (1) shall review the proposed agreement and determine 
        whether it complies with the requirements of this section and 
        will contribute to the recovery of endangered or threatened 
        species that are the subject of the proposed agreement;
            (2) propose to the person any additional provisions 
        necessary for the agreement to comply with this section; and
            (3) if the Secretary determines that the agreement complies 
        with the requirements of this section, shall approve and enter 
        with the person into the agreement.
    (d) Monitoring Implementation of Agreements.--The Secretary shall--
            (1) periodically monitor the implementation of each species 
        recovery agreement entered into by the Secretary under this 
        section; and
            (2) based on the information obtained from that monitoring, 
        annually or otherwise disburse financial assistance under this 
        title to implement the agreement as the Secretary determines is 
        appropriate under the terms of the agreement.

SEC. 804. ENDANGERED AND THREATENED SPECIES RECOVERY FUND; AVAILABILITY 
              OF AMOUNTS.

    (a) Establishment of Fund.--
            (1) 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''. The Fund 
        shall consist of such amounts as are deposited into the Fund 
        under this section.
            (2) Deposits.--Subject to section 5 of this Act, from 
        amounts received by the United States as qualified Outer 
        Continental Shelf revenues there shall be deposited into the 
        Fund $100,000,000 each fiscal year.
    (b) Availability.--Of amounts in the Fund up to $100,000,000 shall 
be available to the Secretary each fiscal year, without further 
appropriation, for providing financial assistance under section 802, 
and shall remain available until expended.
    (c) Investment of Excess Amounts.--The Secretary 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 deposited into the Fund.

SEC. 805. DEFINITIONS.

    In this title:
            (1) Endangered or threatened species.--The term 
        ``endangered or threatened species'' means any species that is 
        listed as an endangered species or threatened species under 
        section 4 of the Endangered Species Act of 1973 (16 U.S.C. 
        1533).
            (2) Family farm.--The term ``family farm'' means a farm 
        that--
                    (A) produces agricultural commodities for sale in 
                such quantities so as to be recognized in the community 
                as a farm and not as a rural residence;
                    (B) produces enough income, including off-farm 
                employment, to pay family and farm operating expenses, 
                pay debts, and maintain the property;
                    (C) is managed by the operator;
                    (D) has a substantial amount of labor provided by 
                the operator and the operator's family; and
                    (E) uses seasonal labor only during peak periods, 
                and uses no more than a reasonable amount of full-time 
                hired labor.
            (3) Fund.--The term ``Fund'' means the Endangered and 
        Threatened Species Recovery Fund established by section 804.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior or the Secretary of Commerce, in accordance 
        with section 3 of the Endangered Species Act of 1973 (16 U.S.C. 
        1532).
            (5) Small landowner.--The term ``small landowner'' means an 
        individual who owns 50 acres or fewer of land.
            (6) Species recovery agreement.--The term ``species 
        recovery agreement'' means an Endangered and Threatened Species 
        Recovery Agreement entered into by the Secretary under section 
        803.
                                 <all>