[Congressional Record (Bound Edition), Volume 145 (1999), Part 2]
[Senate]
[Pages 2809-2833]
[From the U.S. Government Publishing Office, www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. THOMPSON (for himself, Mr. Frist, Mr. DeWine, Mr. 
        Voinovich, and Mr. Smith of Oregon):
  S. 440. A bill to provide support for certain institutes and schools; 
to the Committee on Health, Education, Labor, and Pensions.


   legislation to provide support for certain institutes and schools

 Mr. THOMPSON. Mr. President, today Senator Frist and I are 
introducing a bill to establish the Howard Baker School of Government 
on the campus of the University of Tennessee, Knoxville.
  The University of Tennessee has a long and proud tradition of 
providing the highest quality education to students from Tennessee and 
around the world. The Howard Baker School of Government would be but 
the latest installment in this institution's ongoing commitment to 
preparing its student body by giving them the tools and knowledge 
necessary to succeed in the pursuit of their dreams.
  With this said, I can think of no greater tribute to our friend and 
colleague, the former Majority Leader of this body, Senator Howard 
Baker, than to further his legacy of promoting the best in our 
political system by establishing this School in his honor.
  In many ways, Senator Baker's entire life has been a lesson in public 
service. Those of us from his home state of Tennessee have matured in 
his shadow and have been inspired by his vision. His positive influence 
has not, however, been limited by Tennessee's borders. Senator Baker is 
one of those rare individuals whose leadership has lifted the entire 
nation. Creating this School of Government in his name would not only 
be a tribute to a man but a logical extension of that man's continuing 
lifework.
  In 1966, Senator Baker became the first Republican popularly elected 
to the United States Senate in Tennessee's history. This was not 
because of a great rise in Tennessee's Republican population, but 
rather was an indication of Senator Baker's unique ability to reach out 
to people of different backgrounds with diverging views and spark in 
them that all-encompassing common vision--that we live together in a 
great nation that has an even greater future.
  Senator Baker served in this body from 1967 until January 1985, as 
Minority Leader from 1977 until 1981, and then as Majority Leader until 
his retirement. After leaving the Senate, Senator Baker served 
admirably as Chief of Staff to President Ronald Reagan and he continues 
to this day to provide us with a keen insight into the principles of 
true leadership.
  Throughout each phase of Senator Baker's life he has clearly 
demonstrated that statesmanship is not something relegated to our 
history books. It is alive and well. His continuing example is a call 
to each of us that we can and should rise to the challenge of 
citizenship in a way that brings us together as a nation and further 
strengthens this great experiment called the United States.
  I can think of no better union than the ideals and example of Senator 
Howard Baker with the dedication to higher education of the University 
of Tennessee. The Howard Baker School of Government will be an 
institution each of us can be proud to have supported and one that will 
further the principles of good government to which each of us is 
committed.
 Mr. FRIST. Mr. President, I rise today to introduce 
legislation to establish the Howard Baker School of Government at the 
University of Tennessee, Knoxville. I am proud to introduce this 
legislation with my colleague, Senator Thompson. Although the Senate 
passed this legislation last year, unfortunately it was not signed into 
law before the completion of the 105th Congress.
  The bill we are introducing today would create a new academic program 
at the University of Tennessee, and authorize the appropriation of $10 
million to establish the school and its endowment fund to provide long-
term funding for personnel and operations. I am pleased that this 
school is to be named in honor of Senator Howard Baker, who is a 
University of Tennessee alumnus. Senator Baker has enjoyed a 
distinguished career in public service. He served in the U.S. Senate 
for 18 years, held the positions of Minority and Majority Leader, was a 
presidential candidate, and has served as White House Chief of Staff to 
President Reagan. Senator Baker has been a long supporter of the 
University of Tennessee, working diligently to raise funds for various 
fellowships and scholarships. He has served his State and country with 
pride and integrity, and it is therefore fitting that we establish a 
School of Government in his name.
  The Howard Baker School of Government would comprise the existing 
political science, public administration, regional planning, and social 
science research programs, house manuscript collections from important 
public figures such as Tennessee's three presidents and leading 
twentieth-century political figures, and institute a lecture series on 
public issues. In addition, the school will establish a professorship 
to improve the teaching, research, and understanding of democratic 
institutions, establish a fellowship program for students interested in 
pursuing a career in public affairs, and support the professional 
development of elected officials at all government levels. The School 
of Government will be housed in the renovated former Hoskins Library, 
and will be dedicated to advancing the principles of democratic 
citizenship, civic duty, and public responsibility through the 
education and training of informed citizenry and public officials.
  Again, I am proud to introduce this legislation which I believe will 
bring greater prominance to the University of Tennessee, Knoxville, 
while simultaneously honoring one of our State's most distinguished 
public servants.
 Mr. DeWINE. Mr. President, I rise today in support of 
important legislation that would create an endowment for a public-
policy institute in Columbus. This institute will embody the spirit of 
our recently-retired U.S. Senator, the Honorable John Glenn.
  The bill would create an endowment fund for the John Glenn Institute 
for Public Service and Public Policy at the Ohio State University in 
Columbus,

[[Page 2810]]

Ohio. The bill also creates endowment funds for the Mark O. Hatfield 
School of Government at Portland State University, the Paul Simon 
Public Policy Institute at Southern Illinois University, and the Howard 
Baker School of Government at the University of Tennessee.
  Mr. President, I have long believed that the study of politics would 
benefit greatly if more statesmen were to contribute their hands-on 
expertise. And not only that; it is the example of their supremely 
practical idealism that we really need if we are to understand and 
solve the problems confronting tomorrow's America.
  We in Ohio are proud to host the Glenn Institute, which will serve 
many purposes: (1) ``To sponsor classes, internships, community service 
activities, and research projects to stimulate student participation in 
public service, in order to foster America's next generation of 
leaders.''
  (2) ``To conduct scholarly research in conjunction with public 
officials on significant issues facing society and to share the results 
of such research with decision-makers and legislators as the decision-
makers and legislators address such issues.''
  (3) ``To offer opportunities to attend seminars on such topics as 
budgeting and finance, ethics, personnel management, policy 
evaluations, and regulatory issues that are designed to assist public 
officials in learning more about the political process and to expand 
the organizational skills and policy-making abilities of such 
officials.''
  (4) ``To educate the general public by sponsoring national 
conferences, seminars, publications, and forums on important public 
issues.''
  (5) ``To provide access to Senator John Glenn's extensive collection 
of papers, policy decisions, and memorabilia, enabling scholars at all 
levels to study the Senator's work.''
  All of these, Mr. President, are valuable goals. I understand the 
center plans to address specifically the consequences of media coverage 
on public service; analyze the effectiveness of civics education 
classes in our K-12 schools; design training programs for public 
officials on issues such as policy evaluation, communications 
strategies and ethics; and create an undergraduate major in public 
policy.
  Senator Glenn himself recently underscored the mission of the 
Institute, saying, and I quote: ``What we do today will determine what 
kind of country our kids will live in tomorrow. And that's worth 
working for.'' He also said, ``You can go to the National Archives in 
Washington, D.C., and it's almost a religious experience to look at the 
U.S. Constitution. But that piece of paper is not worth a thing without 
people to make it real. I look at public service as being the personnel 
department for the Constitution. People in public service are the ones 
who make it work.''
  Mr. President, I could not agree more, and that is why I'm backing 
this bill. The bill provides an authorization of $10 million for the 
Glenn Institute, and the Ohio State University must match that 
endowment with an amount equal to one third the endowment.
  It's a good investment in the future of our public life.
                                 ______
                                 
      By Mr. SARBANES (for himself, and Ms. Mikulski):
  S. 441. A bill to amend the National Trails System Act to designate 
the route of the War of 1812 British invasion of Maryland and 
Washington, District of Columbia, and the route of the American 
defense, for study for potential addition to the national trails 
system; to the Committee on Energy and Natural Resources.


   the star-spangled banner national historic trail study act of 1999

  Mr. SARBANES. Mr. President, today I am introducing legislation, 
together with my colleague Senator Mikulski, which will help 
commemorate and preserve significant sites associated with America's 
Second War of Independence, the War of 1812. My legislation, entitled 
``The Star-Spangled Banner National Historic Trail Study Act of 1999,'' 
directs the Secretary of the Interior to initiate a study to assess the 
feasibility and desirability of designating the route of the British 
invasion of Washington, D.C. and their subsequent defeat at Baltimore, 
Maryland, as a National Historic Trail. A similar companion bill is 
being sponsored by Congressmen Ben Cardin and Wayne Gilchrest in the 
House of Representatives.
  Since the passage of the National Trail Systems Act of 1968, the 
National Park Service has recognized historically significant routes of 
exploration, migration and military action through its National 
Historic Trails Program. Routes such as the Juan Bautista de Anza, 
Lewis and Clark, Pony Express and Selma to Montgomery National Historic 
Trails cross our country and represent important episodes of our 
nation's history, episodes which were influential in shaping the very 
future of this country. It is my view that the inclusion of the Star-
Spangled Banner Trail will give long overdue recognition to another of 
these important events.
  The War of 1812, and the Chesapeake Campaign in particular, mark a 
turning point in the development of the United States. Faced with the 
possibility of losing the independence for which they struggled so 
valiantly, the citizens of this country were forced to assert 
themselves on an international level.
  From the period of the arrival of the British forces at Benedict, in 
Charles County, Maryland, on August 18, 1814, to the American victory 
at Fort McHenry in Baltimore, on September 14, 1814, the war took a 
dramatic turn. The American forces, largely comprised of Maryland's 
citizens, were able to slow the British advance through the state and 
successfully defended Baltimore, leading to the retreat of the British.
  The more than 30 sites along this trail mark some of the most 
historically important events of the War of 1812. The Star-Spangled 
Banner Trail, commemorating the only combined naval and land attack on 
the United States, begins with the June, 1814 battles between the 
British Navy and the American Chesapeake Flotilla at St. Leonard's 
Creek in Calvert County, Maryland. It continues to the site of the 
British landing at Benedict, Maryland the starting point of the British 
march to the nation's capital, Washington, D.C. The trail follows the 
defeat of the Americans at the Battle of Bladensburg, the evacuation of 
the United States Government, the burning of the nation's capital, 
including the White House and the Capitol Building, the battle at North 
Point and the bombardment of Fort McHenry, site of the composition of 
our National Anthem, the Star-Spangled Banner, and the ultimate defeat 
of the British.
  The route will also serve to bring awareness to several lesser known, 
but equally important sites of the war, including St. Leonard's Creek 
in Calvert County, where Commodore Joshua Barney's Chesapeake Flotilla 
managed to successfully beat back two larger and more heavily armed 
British ships, the Upper Chesapeke Bay and related skirmishes there, 
Brookeville, Maryland, which served as the nation's capital for one 
day, and Todd's Inheritance, the signal station for the American 
defenders at Fort McHenry. These sites, and many like them, will only 
enrich the story told along the trail. Additionally, the attention 
given to these sites should prove beneficial in terms of efforts to 
preserve and restore them. Mr. President, at this time I ask unanimous 
consent that a more detailed list of these sites, as well as a copy of 
this legislation and a letter of support from Governor Parris 
Glendening, be included in the Record.
  Mr. President, the designation of the route of the British invasion 
of Washington and American defense of Baltimore as a National Historic 
Trail will serve as a reminder of the importance of the concept of 
liberty to all who experience the Star-Spangled Banner Trail. It will 
also give long overdue recognition to those patriots whose 
determination to stand firm against enemy invasion and bombardment 
preserved this liberty for future generations of Americans.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

[[Page 2811]]



                                 S. 441

       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 ``Star-Spangled Banner 
     National Historic Trail Study Act of 1999''.

     SEC. 2. FINDINGS.

       Congress finds that--
       (1) the British invasion of Maryland and Washington, 
     District of Columbia, during the War of 1812 marks a defining 
     period in the history of our Nation, the only occasion on 
     which the United States of America has been invaded by a 
     foreign power;
       (2) the Star-Spangled Banner National Historic Trail traces 
     the route of the British naval attack on the Chesapeake 
     Flotilla at St. Leonard's Creek, the landing of the British 
     forces at Benedict, Maryland, the American defeat at the 
     Battle of Bladensburg, the siege of the Nation's capital, 
     Washington, District of Columbia (including the burning of 
     the United States Capitol and the White House), the British 
     expedition to and subsequent skirmishes within the upper 
     Chesapeake Bay, the route of the American troops between 
     Washington and Baltimore, the Battle of North Point, and the 
     ultimate victory of the Americans at Fort McHenry, on 
     September 14, 1814, where a distinguished Maryland lawyer and 
     poet, Francis Scott Key, wrote the words that captured the 
     essence of our national struggle for independence, words that 
     now serve as our national anthem, the Star-Spangled Banner; 
     and
       (3) the designation of this route as a national historic 
     trail--
       (A) would serve as a reminder of the importance of the 
     concept of liberty to all who experience the Star-Spangled 
     Banner National Historic Trail; and
       (B) would give long overdue recognition to the patriots 
     whose determination to stand firm against enemy invasion and 
     bombardment preserved this liberty for future generations of 
     Americans.

     SEC. 3. DESIGNATION OF TRAIL FOR STUDY.

       Section 5(c) of the National Trails System Act (16 U.S.C. 
     1244(c)) is amended--
       (1) by redesignating paragraph (36) (as added by section 3 
     of the El Camino Real Para Los Texas Study Act of 1993 (107 
     Stat. 1497)) as paragraph (37);
       (2) by designating the paragraphs relating to the Old 
     Spanish Trail and the Great Western Scenic Trail as 
     paragraphs (38) and (39), respectively; and
       (3) by adding at the end the following:
       ``(40) Star-spangled banner national historic trail.--
       ``(A) In general.--The Star-Spangled Banner National 
     Historic Trail, tracing the War of 1812 route of the British 
     naval attack on the Chesapeake Flotilla at St. Leonard's 
     Creek, the landing of the British forces at Benedict, 
     Maryland, the American defeat at the Battle of Bladensburg, 
     the siege of the Nation's capital, Washington, District of 
     Columbia (including the burning of the United States Capitol 
     and the White House), actions between the British and 
     American forces in the upper Chesapeake Bay, the route of the 
     American troops between Washington and Baltimore, the Battle 
     of North Point, and the ultimate victory of the Americans at 
     Fort McHenry, on September 14, 1814.
       ``(B) Affected areas.--The trail crosses more than 6 
     Maryland counties, the city of Baltimore, and Washington, 
     District of Columbia.''.
                                  ____


              Star-Spangled Banner National Historic Trail

       The Proposed Star-Spangled Banner National Historic Trail 
     traces the route of the War of 1812 British Invasion of our 
     Nation's Capital and the American Defense of Baltimore.
       Possible sites for inclusion along the proposed Star-
     Spangled Banner National Historic Trail:


                             calvert county

       St. Leonard's Creek--Battles of St. Leonard's Creek.
       Lower Marlboro Fishing Pier--Site of British war graves; 
     British Generals Conference.
       Prince Frederick--British destruction of County Seat.


                             charles county

       Benedict--Site of the British Landing.
       Oldfields Chapel--Burial site of British soldiers.
       Mattingly Memorial Park--Site of U.S. Navy delay of British 
     retreat from Washington, D.C.


                         prince george's county

       Bladensburg--Site of the Battle of Bladensburg.
       Ft. Washington--Formerly Fort Washburton.
       Belair Mansion, Bostwick House, Riversdale, Mount Welby--
     Historic Homes occupied in 1814.
       Pig's Point--Scuttling of Chesapeake Flotilla by Commodore 
     Barney to prevent British advance.


                            washington, d.c.

       White House, Capitol, Treasury Department, Sewell-Belmont 
     House--Burned by the British.
       The Octagon--Madison's residence after invasion.


                           montgomery county

       Brookeville--U.S. Capital for one day.
       Rockville--Site of British Encampments.


                             howard county

       Ellicott City--American march to Baltimore.
       Savage--Home of Commodore Barney.


                            baltimore county

       North Point--Battle of North Point.
       Todd's Inheritance--American Signal Station.
       Methodist Meeting House--American Camp.
       North Point Road--Route of British March.


                             baltimore city

       Ft. McHenry--Site of the American Victory.
       Star-Spangled Banner Flag House & War of 1812 Museum--
     Birthplace Star-Spangled Banner.
       Federal Hill--Site where citizens viewed battle.


                              kent county

       Caulk's Field--Site of the Battle of Caulk's Field.
       Cedar Point--Site of log boom which prevented British 
     advancement.
                                  ____

                                                State of Maryland,


                                       Office of the Governor,

                                 Annapolis, MD, February 18, 1999.
     The Hon. Paul Sarbanes,
     U.S. Senate, Hart Senate Office Building, Washington, DC.
       Dear Senator Sarbanes: Thank you for your letter of support 
     to the American Battlefield Protection Program regarding the 
     grant application submitted by the Maryland Tourism 
     Development Board. While reading your letter, I was reminded 
     of how far we can go as a State if we combine our efforts and 
     work together to achieve our goals.
       Additionally, I am aware of and very interested in the 
     National Historic Trail legislation you are re-introducing to 
     Congress this session. The designation of a multi-
     jurisdictional National Historic Trail would have significant 
     impact on Maryland's War of 1812 Heritage Tourism Initiative. 
     My staff and I are ready to assist in the designation process 
     in anyway you deem necessary.
       As always, it was a pleasure to hear from you, I look 
     forward to seeing you soon.
           Sincerely,
                                             Parris N. Glendening,
                                                         Governor.
                                 ______
                                 
      By Mr. LAUTENBERG (for himself, Mr. Schumer, and Mr. Durbin):
  S. 443. A bill to regulate the sale of firearms at gun shows; to the 
Committee on the Judiciary.


                    the gun show accountability act

  Mr. LAUTENBERG. Mr. President, I rise to introduce legislation which 
will close the loophole in our gun laws which allows criminals to buy 
and sell firearms at gun shows.
  Last year, there were more than 4,400 gun shows across America. While 
most of the citizens who participate in these gun shows are law-
abiding, there is mounting evidence that criminals are using these 
events for more sinister purposes.
  The problem is that current law allows unlicensed dealers to sell 
countless firearms without any background checks on the buyer or 
documentation of the sales. Criminals are aware of this loophole and 
exploit it. A study by the Illinois State Police showed at least 25 
percent of illegally trafficked weapons came from gun shows. Militia 
members including Timothy McVeigh and Michael Fortier used gun shows to 
easily sell previously stolen guns and obtain a ready supply of 
firearms in undocumented transactions.
  Additionally, the gun show loophole is unfair to law-abiding Federal 
Firearms Licensees. When they participate in a gun show, they must 
comply with all background checks and record-keeping, while an 
unlicensed dealer at the next table can make unlimited sales to any 
person without the same requirements. The ease of these sales drains 
significant business from law-abiding gun store owners and other 
licensees, and penalizes them for following the law. Recognizing this 
problem, the National Alliance of Stocking Gun Dealers recently 
endorsed tighter regulations of gun shows: ``[W]e want to make it clear 
that persons attending Gun Shows to skirt laws and acquire guns for 
criminal use are unwelcome patrons of these events and diminish their 
purpose and quality.''
  During the 105th Congress, I introduced the Gun Show Sunshine Act in 
an effort to address this issue. Subsequently, President Clinton 
directed the Attorney General to study gun show

[[Page 2812]]

 firearm transactions and make recommendations to crack down on illegal 
sales.
  The Administration's recently released report confirmed what other 
law enforcement officials have been saying: gun shows are becoming 
illegal arms bazaars, where criminals buy and sell deadly weapons with 
impunity. The report looked at 314 recent Alcohol, Tobacco, and 
Firearms (ATF) investigations involving 54,000 firearms linked to gun 
shows. Nearly half of the investigations involved felons buying or 
selling firearms, and in more than one-third of the cases, the firearms 
in question were known to have been used in subsequent crimes.
  Today, I am introducing legislation that proposes a simple approach 
to the gun show loophole--no background check, no gun, no exceptions. 
This measure incorporates the recommendations made by the Department of 
Justice and the Treasury Department and I appreciate the 
Administration's support.
  This bill would take several steps designed to make it harder for 
criminals to buy and sell weapons at gun shows. It would require gun 
show promoters to register and notify ATF of all gun shows, maintain 
and report a list of vendors at the show, and ensure that all vendors 
acknowledge receipt of information about their legal obligations. Also, 
it would require that any firearms sales go through a Federal Firearms 
Licensee (FFL). The idea is that if an unlicensed person was selling a 
weapon, they would use a FFL at the gun show to complete the 
transaction. The FFL would be responsible for conducting a Brady check 
on the purchaser and maintaining records of the transactions. The FFL 
could charge a fee for the service.
  In order to make it easier for law enforcement to bring criminals to 
justice, the bill would also require FFLs to submit information 
necessary to trace all firearms transferred at gun shows to ATF's 
National Tracing Center, including the manufacturer/importer, model, 
and serial number of the firearms.
  These reasonable requirements will make our streets safer by making 
it harder for criminals to get guns. At the same time, these 
regulations will not unduly burden those law-abiding Americans who 
enjoy gun shows.
  I urge my colleagues to join with me in this effort to close the gun 
show loophole. We must do more to prevent the easy access to firearms 
which fuels the gun violence across the country.
  I ask unanimous consent that a copy of the legislation be printed in 
the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 443

       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 ``Gun Show Accountability 
     Act''.

     SEC. 2. FINDINGS.

       Congress finds that--
       (1) more than 4,400 traditional gun shows are held annually 
     across the United States, attracting thousands of attendees 
     per show and hundreds of Federal firearms licensees and 
     nonlicensed firearms sellers;
       (2) traditional gun shows, as well as flea markets and 
     other organized events, at which a large number of firearms 
     are offered for sale by Federal firearms licensees and 
     nonlicensed firearms sellers, form a significant part of the 
     national firearms market;
       (3) firearms and ammunition that are exhibited or offered 
     for sale or exchange at gun shows, flea markets, and other 
     organized events move easily in and substantially affect 
     interstate commerce;
       (4) in fact, even before a firearm is exhibited or offered 
     for sale or exchange at a gun show, flea market, or other 
     organized event, the gun, its component parts, ammunition, 
     and the raw materials from which it is manufactured have 
     moved in interstate commerce;
       (5) gun shows, flea markets, and other organized events at 
     which firearms are exhibited or offered for sale or exchange, 
     provide a convenient and centralized commercial location at 
     which firearms may be bought and sold anonymously, often 
     without background checks and without records that enable gun 
     tracing;
       (6) at gun shows, flea markets, and other organized events 
     at which guns are exhibited or offered for sale or exchange, 
     criminals and other prohibited persons obtain guns without 
     background checks and frequently use guns that cannot be 
     traced to later commit crimes;
       (7) many persons who buy and sell firearms at gun shows, 
     flea markets, and other organized events cross State lines to 
     attend these events and engage in the interstate 
     transportation of firearms obtained at these events;
       (8) gun violence is a pervasive, national problem that is 
     exacerbated by the availability of guns at gun shows, flea 
     markets, and other organized events;
       (9) firearms associated with gun shows have been 
     transferred illegally to residents of another State by 
     Federal firearms licensees and nonlicensed firearms sellers, 
     and have been involved in subsequent crimes including drug 
     offenses, crimes of violence, property crimes, and illegal 
     possession of firearms by felons and other prohibited 
     persons; and
       (10) Congress has the power, under the interstate commerce 
     clause and other provisions of the Constitution of the United 
     States, to ensure, by enactment of this Act, that criminals 
     and other prohibited persons do not obtain firearms at gun 
     shows, flea markets, and other organized events.

     SEC. 3. EXTENSION OF BRADY BACKGROUND CHECKS TO GUN SHOWS.

       (a) Definitions.--Section 921(a) of title 18, United States 
     Code, is amended by adding at the end the following:
       ``(35) Gun show.--The term `gun show' means any event--
       ``(A) at which 50 or more firearms are offered or exhibited 
     for sale, transfer, or exchange, if 1 or more of the firearms 
     has been shipped or transported in, or otherwise affects, 
     interstate or foreign commerce; and
       ``(B) at which 2 or more persons are offering or exhibiting 
     1 or more firearms for sale, transfer, or exchange.
       ``(36) Gun show promoter.--The term `gun show promoter' 
     means any person who organizes, plans, promotes, or operates 
     a gun show.
       ``(37) Gun show vendor.--The term `gun show vendor' means 
     any person who exhibits, sells, offers for sale, transfers, 
     or exchanges 1 or more firearms at a gun show, regardless of 
     whether or not the person arranges with the gun show promoter 
     for a fixed location from which to exhibit, sell, offer for 
     sale, transfer, or exchange 1 or more firearms.''
       (b) Regulation of Firearms Transfers at Gun Shows.--
       (1) In general.--Chapter 44 of title 18, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 931. Regulation of firearms transfers at gun shows

       ``(a) Registration of Gun Show Promoters.--It shall be 
     unlawful for any person to organize, plan, promote, or 
     operate a gun show unless that person--
       ``(1) registers with the Secretary in accordance with 
     regulations promulgated by the Secretary; and
       ``(2) pays a registration fee, in an amount determined by 
     the Secretary.
       ``(b) Responsibilities of Gun Show Promoters.--It shall be 
     unlawful for any person to organize, plan, promote, or 
     operate a gun show unless that person--
       ``(1) not later that 30 days before commencement of the gun 
     show, notifies the Secretary of the date, time, duration, and 
     location of the gun show and any other information concerning 
     the gun show as the Secretary may require by regulation;
       ``(2) not later than 72 hours before commencement of the 
     gun show, submits to the Secretary an updated list of all gun 
     show vendors planning to participate in the gun show and any 
     other information concerning such vendors as the Secretary 
     may require by regulation;
       ``(3) before commencement of the gun show, verifies the 
     identity of each gun show vendor participating in the gun 
     show by examining a valid identification document (as defined 
     in section 1028(d)(1)) of the vendor containing a photograph 
     of the vendor;
       ``(4) before commencement of the gun show, requires each 
     gun show vendor to sign--
       ``(A) a ledger with identifying information concerning the 
     vendor; and
       ``(B) a notice advising the vendor of the obligations of 
     the vendor under this chapter; and
       ``(5) notifies each person who attends the gun show of the 
     requirements of this chapter, in accordance with such 
     regulations as the Secretary shall prescribe;
       ``(6) not later than 5 days after the last day of the gun 
     show, submits to the Secretary a copy of the ledger and 
     notice described in paragraph (4); and
       ``(7) maintains a copy of the records described in 
     paragraphs (2) through (4) at the permanent place of business 
     of the gun show promoter for such period of time and in such 
     form as the Secretary shall require by regulation.
       ``(c) Responsibilities of Transferors Other Than 
     Licensees.--
       ``(1) In general.--If any part of a firearm transaction 
     takes place at a gun show, it shall be unlawful for any 
     person who is not licensed under this chapter to transfer a 
     firearm to another person who is not licensed under this 
     chapter, unless the firearm is transferred through a licensed 
     importer, licensed manufacturer, or licensed dealer in 
     accordance with subsection (e).
       ``(2) Criminal background checks.--A person who is subject 
     to the requirement of paragraph (1)--

[[Page 2813]]

       ``(A) shall not transfer the firearm to the transferee 
     until the licensed importer, licensed manufacturer, or 
     licensed dealer through which the transfer is made under 
     subsection (e) makes the notification described in subsection 
     (e)(3)(A); and
       ``(B) notwithstanding subparagraph (A), shall not transfer 
     the firearm to the transferee if the licensed importer, 
     licensed manufacturer, or licensed dealer through which the 
     transfer is made under subsection (e) makes the notification 
     described in subsection (e)(3)(B).
       ``(d) Responsibilities of Transferees Other Than 
     Licensees.--
       ``(1) In general.--If any part of a firearm transaction 
     takes place at a gun show, it shall be unlawful for any 
     person who is not licensed under this chapter to receive a 
     firearm from another person who is not licensed under this 
     chapter, unless the firearm is transferred through a licensed 
     importer, licensed manufacturer, or licensed dealer in 
     accordance with subsection (e).
       ``(2) Criminal background checks.--A person who is subject 
     to the requirement of paragraph (1)--
       ``(A) shall not receive the firearm from the transferor 
     until the licensed importer, licensed manufacturer, or 
     licensed dealer through which the transfer is made under 
     subsection (e) makes the notification described in subsection 
     (e)(3)(A); and
       ``(B) notwithstanding subparagraph (A), shall not receive 
     the firearm from the transferor if the licensed importer, 
     licensed manufacturer, or licensed dealer through which the 
     transfer is made under subsection (e) makes the notification 
     described in subsection (e)(3)(B).
       ``(e) Responsibilities of Licensees.--A licensed importer, 
     licensed manufacturer, or licensed dealer who agrees to 
     assist a person who is not licensed under this chapter in 
     carrying out the responsibilities of that person under 
     subsection (c) or (d) with respect to the transfer of a 
     firearm shall--
       ``(1) enter such information about the firearm as the 
     Secretary may require by regulation into a separate bound 
     record;
       ``(2) record the transfer on a form specified by the 
     Secretary;
       ``(3) comply with section 922(t) as if transferring the 
     firearm from the inventory of the licensed importer, licensed 
     manufacturer, or licensed dealer to the designated transferee 
     (although a licensed importer, licensed manufacturer, or 
     licensed dealer complying with this subsection shall not be 
     required to comply again with the requirements of section 
     922(t) in delivering the firearm to the nonlicensed 
     transferor), and notify the nonlicensed transferor and the 
     nonlicensed transferee--
       ``(A) of such compliance; and
       ``(B) if the transfer is subject to the requirements of 
     section 922(t)(1), of any receipt by the licensed importer, 
     licensed manufacturer, or licensed dealer of a notification 
     from the national instant criminal background check system 
     that the transfer would violate section 922 or would violate 
     State law;
       ``(4) not later than 10 days after the date on which the 
     transfer occurs, submit to the Secretary a report of the 
     transfer, which report--
       ``(A) shall be on a form specified by the Secretary by 
     regulation; and
       ``(B) shall not include the name of or other identifying 
     information relating to any person involved in the transfer 
     who is not licensed under this chapter;
       ``(5) if the licensed importer, licensed manufacturer, or 
     licensed dealer assists a person other than a licensee in 
     transferring, at 1 time or during any 5 consecutive business 
     days, 2 or more pistols or revolvers, or any combination of 
     pistols and revolvers totaling 2 or more, to the same 
     nonlicensed person, in addition to the reports required under 
     paragraph (4), prepare a report of the multiple transfers, 
     which report shall be--
       ``(A) prepared on a form specified by the Secretary; and
       ``(B) not later than the close of business on the date on 
     which the transfer occurs, forwarded to--
       ``(i) the office specified on the form described in 
     subparagraph (A); and
       ``(ii) the appropriate State law enforcement agency of the 
     jurisdiction in which the transfer occurs; and
       ``(6) retain a record of the transfer as part of the 
     permanent business records of the licensed importer, licensed 
     manufacturer, or licensed dealer.
       ``(f) Records of Licensee Transfers.--If any part of a 
     firearm transaction takes place at a gun show, each licensed 
     importer, licensed manufacturer, and licensed dealer who 
     transfers 1 or more firearms to a person who is not licensed 
     under this chapter shall, not later than 10 days after the 
     date on which the transfer occurs, submit to the Secretary a 
     report of the transfer, which report--
       ``(1) shall be in a form specified by the Secretary by 
     regulation;
       ``(2) shall not include the name of or other identifying 
     information relating to the transferee; and
       ``(3) shall not duplicate information provided in any 
     report required under subsection (e)(4).
       ``(g) Firearm Transaction Defined.--In this section, the 
     term `firearm transaction' includes the exhibition, sale, 
     offer for sale, transfer, or exchange of a firearm.''.
       (2) Penalties.--Section 924(a) of title 18, United States 
     Code, is amended by adding at the end the following:
       ``(7)(A) Whoever knowingly violates section 931(a) shall be 
     fined under this title, imprisoned not more than 5 years, or 
     both.
       ``(B) Whoever knowingly violates subsection (b) or (c) of 
     section 931, shall be--
       ``(i) fined under this title, imprisoned not more than 2 
     years, or both; and
       ``(ii) in the case of a second or subsequent conviction, 
     such person shall be fined under this title, imprisoned not 
     more than 5 years, or both.
       ``(C) Whoever willfully violates section 931(d), shall be--
       ``(i) fined under this title, imprisoned not more than 2 
     years, or both; and
       ``(ii) in the case of a second or subsequent conviction, 
     such person shall be fined under this title, imprisoned not 
     more than 5 years, or both.
       ``(D) Whoever knowingly violates subsection (e) or (f) of 
     section 931 shall be fined under this title, imprisoned not 
     more than 5 years, or both.
       ``(E) In addition to any other penalties imposed under this 
     paragraph, the Secretary may, with respect to any person who 
     knowingly violates any provision of section 931--
       ``(i) if the person is registered pursuant to section 
     931(a), after notice and opportunity for a hearing, suspend 
     for not more than 6 months or revoke the registration of that 
     person under section 931(a); and
       ``(ii) impose a civil fine in an amount equal to not more 
     than $10,000.''.
       (3) Technical and conforming amendments.--Chapter 44 of 
     title 18, United States Code, is amended--
       (A) in the chapter analysis, by adding at the end the 
     following:

``931. Regulation of firearms transfers at gun shows.''; and
       (B) in the first sentence of section 923(j), by striking 
     ``a gun show or event'' and inserting ``an event''; and
       (c) Inspection Authority.--Section 923(g)(1) is amended by 
     adding at the end the following:
       ``(E) Notwithstanding subparagraph (B), the Secretary may 
     enter during business hours the place of business of any gun 
     show promoter and any place where a gun show is held for the 
     purposes of examining the records required by sections 923 
     and 931 and the inventory of licensees conducting business at 
     the gun show. Such entry and examination shall be conducted 
     for the purposes of determining compliance with this chapter 
     by gun show promoters and licensees conducting business at 
     the gun show and shall not require a showing of reasonable 
     cause or a warrant.''.
       (d) Increased Penalties for Serious Recordkeeping 
     Violations by Licensees.--Section 924(a)(3) of title 18, 
     United States Code, is amended to read as follows:
       ``(3)(A) Except as provided in subparagraph (B), any 
     licensed dealer, licensed importer, licensed manufacturer, or 
     licensed collector who knowingly makes any false statement or 
     representation with respect to the information required by 
     this chapter to be kept in the records of a person licensed 
     under this chapter, or violates section 922(m) shall be fined 
     under this title, imprisoned not more than 1 year, or both.
       ``(B) If the violation described in subparagraph (A) is in 
     relation to an offense--
       ``(i) under paragraph (1) or (3) of section 922(b), such 
     person shall be fined under this title, imprisoned not more 
     than 5 years, or both; or
       ``(ii) under subsection (a)(6) or (d) of section 922, such 
     person shall be fined under this title, imprisoned not more 
     than 10 years, or both.''.
       (e) Increased Penalties for Violations of Criminal 
     Background Check Requirements.--
       (1) Penalties.--Section 924 of title 18, United States 
     Code, is amended--
       (A) in paragraph (5), by striking ``subsection (s) or (t) 
     of section 922'' and inserting ``section 922(s)''; and
       (B) by adding at the end the following:
       ``(8) Whoever knowingly violates section 922(t) shall be 
     fined under this title, imprisoned not more than 5 years, or 
     both.''.
       (2) Elimination of certain elements of offense.--Section 
     922(t)(5) of title 18, United States Code, is amended by 
     striking ``and, at the time'' and all that follows through 
     ``State law''.
       (f) Effective Date.--This section and the amendments made 
     by this section shall take effect 180 days after the date of 
     enactment of this Act.
                                 ______
                                 
      By Mr. JEFFORDS (for himself, Mr. Specter, Mr. Rockefeller, Mr. 
        McCain, Mr. Thurmond, Mr. Murkowski, Mr. Campbell, Mr. Craig, 
        Mr. Hutchinson, Ms. Snowe, Mr. Daschle, Mr. Graham, Mr. Akaka, 
        Mr. Wellstone, Mrs. Murray, Mr. Hollings, Mr. Leahy, Mr. 
        Cleland, Ms. Landrieu, and Mr. Johnson):
  S. 445. A bill to amend title XVIII of the Social Security Act to 
require the

[[Page 2814]]

Secretary of Veterans Affairs and the Secretary of Health and Human 
Services to carry out a demonstration project to provide the Department 
of Veterans Affairs with Medicare reimbursement for Medicare healthcare 
services provided to certain medicare-eligible veterans; to the 
Committee on Finance.
  Mr. JEFFORDS. Mr. President, I am proud to introduce the Veterans' 
Equal Access to Medicare Act. This bill will give all our nations' 
veterans the freedom to choose where they receive their medical care. I 
am joined by the Chairman and Ranking Member of the Veterans' Affairs 
Committee, Senators Specter and Rockefeller, as well as Senators 
Thurmond, Murkowski, Campbell, Craig, Hutchinson, McCain, Snowe, 
Daschle, Graham, Akaka, Wellstone, Murray, Hollings, Cleland, Landrieu, 
Johnson, and my friend and colleague from Vermont, Senator Leahy.
  Known to some as ``Medicare Subvention,'' this legislation will 
authorize the Department of Veterans Affairs (VA) to set up 10 pilot 
sites around the country where Medicare-eligible Veterans could get 
Medicare-covered services at a Veterans hospital. The VA would then be 
reimbursed at a slightly reduced rate for provision of those services. 
Many Medicare-eligible veterans want to receive their care at a VA 
facility. This bill would allow certain veterans that option.
  My legislation would implement a pilot project that is eagerly sought 
by both the Veterans Administration and the Veterans Service 
Organizations. Veterans want the right to choose where they get their 
Medicare-covered services. Many of them would like to go to a Veterans 
Administration facility where they would feel more comfortable. We want 
to make that option possible for those who have given so much of 
themselves in service to their country.
  Our legislation starts with a 10-site demonstration project, limiting 
total Medicare reimbursements to $50 million annually. The VA is 
required to maintain its current level of effort, and provisions in the 
bill prevent it from shifting any current costs to the Medicare Trust 
Fund. In the event that the demonstration project in any way increased 
Medicare's costs, the VA would reimburse Medicare for these costs and 
suspend or terminate the program.
  An independent auditor would monitor the demonstration project 
annually and make reports to Congress on its findings. A final report 
to Congress three and a half years after commencement of the project 
from the Secretaries of Veterans Affairs and Health and Human Services 
would recommend whether to terminate, continue or expand the program.
  Almost two years ago, Senator Rockefeller and I successfully included 
similar legislation in the 1997 Balanced Budget Reconciliation Act. The 
full Senate endorsed this measure. Unfortunately, our amendment was 
later dropped in conference.
  But we feel strongly that now is the time to enact this legislation. 
Veterans want and deserve this option, and the VA should be allowed to 
become a Medicare provider. The Department of Health and Human Services 
and the Veterans Administration have already reached an agreement on 
how such a program would be implemented. It's time for us to give this 
project the green light.
  In 1997 the Department of Defense Medicare Subvention program 
alleviated what our country's military retirees call a ``lockout'' from 
the military health care system. This bill will finish the job by 
allowing all our veterans access to the best and most appropriate 
health care facility of their choosing. Our nation's veterans deserve 
no less.
  I look forward to working with the Senate Finance Committee, 
Secretary West and the Administration, the Veterans Service 
Organizations and my colleagues here and in the House to get this 
legislation signed into law this year.
  Mr. SPECTER. Mr. President, along with all the Members of the 
Committee on Veterans' Affairs, I am pleased to be an original 
cosponsor of a bill, which my colleague and friend, Senator Jim 
Jeffords, is introducing today. Mr. President, this is a most welcome 
bill. When enacted, it would direct that the Department of Veterans 
Affairs (VA) and the Department of Health and Human Services (HHS) 
enter into an agreement establishing ten geographically dispersed 
demonstration projects under which VA would provide health care 
services to certain Medicare-eligible veterans, who would not have 
otherwise received care in VA, in exchange for reimbursement from the 
Medicare trust fund. Thus, VA would be able to occupy the same basic 
position as other health care providers which furnish care to Medicare-
eligible patients: VA would be reimbursed by Medicare for providing 
this care, just as other providers may be reimbursed. The Department of 
Defense health care system is already authorized to provide such care 
for reimbursement on a demonstration project basis, and this authority 
should be extended to the VA as well.
  Under the terms of this bill, VA is authorized to establish up to ten 
subvention sites or health plans, including a site near a closed 
military base and one that provides care predominately to rural 
veterans. These sites and plans would provide health care services to 
Medicare-eligible veterans. Medicare would reimburse VA for such 
services--similar to the way the Federal Health Care Financing 
Administration pays other providers in the private sector when they 
furnish health care services to Medicare-eligible persons--but subject 
to certain cost-saving conditions. First, while fees paid to VA would 
be based on those paid to other providers, they would be reduced, 
across the board, by 5%. Second, reimbursements to VA would be further 
reduced for subsidies paid by Medicare to private facilities to cover 
their capital expense and medical education costs, and costs incurred 
by such providers, if any, in serving a disproportionate number of low-
income patients. Thus, Medicare would invariably save funds when care 
is provided to its patients by VA. In effect, VA would provide care to 
Medicare-eligible veterans at a discount to the Medicare trust fund.
  The Department of Health and Human Services (HHS) would not, however, 
be required to refer Medicare-eligible patients to VA under this bill. 
Eligible veterans would continue to be free to select their own health 
care providers. It would be up to the VA ``demonstration program'' 
sites to entice Medicare-eligible patients to VA by offering services 
and care which are more attractive than those provided by community-
care providers. One of the underlying purposes of this legislation is 
to test VA's contention that it can provide the kind of care which will 
attract veteran-patients who have other alternatives and, at the same 
time, provide care which is cost effective from the reimburser's, and 
VA's, viewpoints. Another purpose of the legislation will be to test 
the hypothesis that VA can meet the needs of its priority patients--
veterans with service-connected disabilities and veterans who are 
poor--while, simultaneously positioning itself to attract other 
veteran-patients who, due to Medicare eligibility, have the wherewithal 
to go elsewhere for care.
  Whether VA can succeed in providing cost-effective care which 
attracts patients without causing it to neglect its primary mission is 
the essence of the question that this bill is intended to answer. 
Indeed, time--and these demonstration projects--will tell whether 
providing such care to non-priority veterans for reimbursement will 
enhance VA's ability, due to an infusion of new Medicare funds, to 
provide better care to VA's mandated priority patients. Like the 
Department of Defense--which, as I have noted, already has authority 
from Congress to obtain reimbursement from Medicare--VA ought to have 
an opportunity to see if it can succeed in attracting and keeping 
patients by providing superior care. I can think of no better way to 
gauge VA quality than assessing the behavior of veterans who can ``vote 
with their feet.''
  I hope that these VA ``demonstration project'' sites will show that 
VA can, in fact, fully serve its priority patients--veterans with 
service-connected disabilities and veterans who

[[Page 2815]]

are poor--while also serving veteran-patients who are able to bring 
Medicare funding to the VA system. Budgetary constraints have required 
that VA operate under a ``flat-line'' medical care appropriation for 
the past three years even as personnel and other inflationary costs 
continue to rise from year to year. VA has attempted to increase its 
collections from private sector, third-party insurers in order to 
supplement its funding base, but these collections have not been 
sufficient. I and my colleagues on the Committee on Veterans' Affairs 
believe that VA ought to have parallel authority to collect 
reimbursement from Medicare when it provides non-service-connected care 
to these patients. I ask that my colleagues give the Department this 
authority by approving this legislation.
  Mr. President, I compliment my colleague and friend from Vermont for 
his leadership on establishing this innovative and crucial legislation 
that I believe will be an essential tool in the future for VA's care of 
veterans, and I urge my colleagues to give this bill high priority 
attention for early passage this year.
  Mr. ROCKEFELLER. Mr. President, I am pleased to offer my support to 
the Veterans' Equal Access to Medicare Act. This bill will authorize a 
pilot project to allow VA to bill Medicare for health care services 
provided to certain dual beneficiaries. The legislation is known as VA 
Medicare subvention, which is a concept that has been discussed over 
the years by those of us in Congress, by veterans service 
organizations, and by virtually every advisory body that has studied 
the VA health care system. I join my colleague Senator Jeffords in this 
initiative.
  In the past, many VA hospitals and clinics have been forced to turn 
away middle income, Medicare-eligible veterans who sought VA care. 
These hospitals simply did not have the resources to care for them. 
Now, with eligibility reform, all enrolled veterans will have access to 
a uniform, comprehensive benefit package. Yet, resources for veterans' 
health care have not increased, and, in fact, have remained flatlined.
  During the first session of the 105th Congress, Senator Jeffords and 
I successfully pushed a similar proposal through the Senate Finance 
Committee and the full Senate. The basic tenets of the current bill 
remain the same. For veterans, enactment of the Veterans' Equal Access 
to Medicare Act would mean the infusion of new revenue and, thus, 
improved access to care. For the Health Care Financing Administration 
(HCFA), a VA subvention demonstration project will provide the 
opportunity to assess the effects of coordination on improving 
efficiency, access, and quality of care for dual-eligible beneficiaries 
in a selected number of sites. Finally, Congress would receive the 
results of this feasibility study, which, once and for all, would give 
us the necessary data to make rational policy decisions in the future 
about Medicare and VA's involvement.
  The four VA medical centers in my own State of West Virginia spent 
nearly $5 million caring for Medicare-eligible veterans with middle 
incomes last year. Although this is telling information, I cannot 
provide my colleagues with the truly crucial piece of the story--that 
is, the number of these Medicare-eligible veterans who had been turned 
away over the years from the very facilities created to serve them 
because of lack of resources. This demonstration project would 
encourage these eligible veterans who have not previously received care 
from the Huntington, Beckley, Martinsburg, and Clarksburg VA Medical 
Centers to do so, while providing Medicare with cost-savings 
opportunities.
  As in years past, the Veterans' Equal Access to Medicare Act is 
designed to be budget neutral. To that end, the VA would be required to 
maintain its current level of services to Medicare-eligible veterans 
already being served, and would be effectively limited to reimbursement 
for additional care provided to new users. Payments from Medicare would 
be at a reduced rate and would exclude Disproportionate Share Hospital 
adjustments, Graduate Medical Education payments, and a large 
percentage of capital-related costs. In effect, the VA would be 
providing health care to Medicare-eligible veterans at a deeply 
discounted rate. The Department of Health and Human Services and VA 
would have the ability to adjust payment rates, or to shrink or 
terminate the program if Medicare's costs increase. In the event that 
these safeguards included in the proposal fail--an event which the VA 
has declared unlikely--this proposal caps all Medicare payments to the 
VA at $50 million.
  A HCFA representative testified before the last Congress and stated 
that this proposal will provide quality service to certain dual-
eligible beneficiaries and, ``at the same time, preserve and protect 
the Medicare Trust Fund for all Americans.'' I believe this.
  Although the VA subvention proposal is a small effort compared to the 
other recent changes made to the Medicare program and the changes yet 
to come, it is enormously important to our veterans and the health care 
system they depend upon. And regardless of any policy changes resulting 
from the Bipartisan Commission on the Future of Medicare, an excellent 
opportunity will remain to test the idea of Medicare subvention to VA.
  Over the last couple of years, we have tried to enact this proposal. 
Unfortunately, we have continually met resistance. Others who favor the 
subvention concept have even tried to turn this Medicare-cost saving 
proposal into a way to make sweeping policy changes about the delivery 
of VA health care. My goal this session is to overcome this resistance 
and enact this proposal without any extraneous measures.
  Truly, this VA/Medicare proposal is a way to provide quality health 
care to veterans who are also eligible for Medicare, while at the same 
time preserving and protecting the Medicare Trust Fund. With a signed 
Memorandum of Agreement between VA and HCFA, VA is ready to move ahead 
with this demonstration project. Finally, the Department of Defense 
Medicare Subvention test program--TRICARE Senior Prime--is progressing. 
Let us not delay VA any longer.
  Mr. President, veterans deserve the opportunity to come to VA 
facilities for their care and bring their Medicare coverage with them. 
I look forward to working with my colleagues on the Committees on 
Finance and Veterans' Affairs to make this long sought-after proposal a 
reality.
  Mr. McCAIN. Mr. President, I am proud to be an original co-sponsor of 
the Veterans' Equal Access to Medicare Act, which would authorize a 
demonstration of Medicare subvention within the Department of Veterans 
Affairs (VA) health care system. Many of us supported similar 
legislation sponsored by Senator Jeffords and incorporated into the 
Senate version of the 1997 Budget Resolution. Unfortunately, this 
measure was removed by the conferees to the bill and did not become 
law. In the 105th Congress, separate legislation authorizing a test of 
Medicare subvention for veterans passed the House of Representatives 
but stalled in the Senate. The intervening period has only made more 
apparent the benefits of allowing Medicare-eligible veterans to use 
their Medicare entitlement for care at local VA medical facilities.
  The Veterans' Equal Access to Medicare Act would establish a three-
year demonstration project at up to 10 sites around the country, 
including a site near a military medical facility closed under the Base 
Realignment and Closure process and a site in an area where the target 
population is predominantly rural. The VA would bill Medicare for 
Medicare-covered services provided to eligible veterans at these sites. 
Veterans' participation would be voluntary, and participants would make 
the same Medicare co-payments to the VA as at non-VA facilities.
  The legislation also contains important safeguards. The VA's 
Inspector General must certify the accounting and managerial 
capabilities of participating facilities; the VA must maintain its 
current level of effort to prevent cost shifting from the VA to the 
Medicare Trust Fund; the Comptroller General must audit the 
demonstration project annually to ensure that the

[[Page 2816]]

Medicare Trust Fund does not incur any additional costs; and Medicare 
payments to the VA must be capped at $50 million annually. After three 
years, the Secretaries of Health and Human Services and Veterans 
Affairs would be required to submit recommendations to Congress on 
whether to extend or expand the project.
  By permitting the VA to collect and retain Medicare payments for 
health care provided to eligible veterans, our legislation would 
demonstrate subvention's ability to enhance access to the VA medical 
system for veterans and channel critical non-appropriated funding into 
the VA network without raising costs to the Medicare Trust Fund. But 
don't take my word for it. The Fiscal Year 2000 Independent Budget 
jointly proposed by AMVETS, Disabled American Veterans, Paralyzed 
Veterans of America, and Veterans of Foreign Wars summarizes the 
virtues of VA Medicare subvention as follows:

       Medicare subvention will benefit veterans, taxpayers, and 
     ultimately VA. It would give veterans who currently do not 
     have access to VA health care the option of choosing the VA 
     system. VA believes it can deliver care to Medicare 
     beneficiaries at a discounted rate, which would save money 
     for the Medicare Trust Fund and stretch taxpayer dollars.

  In other words, this is win-win legislation for all concerned 
parties. Veterans receive better access to quality health care; the VA 
benefits from an inflow of non-appropriated funding; and VA provides 
more efficient care than other Medicare providers, saving scarce 
resources in this era of balanced budgets.
  Military retirees, but not veterans, currently qualify for an ongoing 
Medicare subvention demonstration project authorized by Congress in 
1997. In 1996, I had introduced legislation to authorize Medicare 
reimbursement to the Department of Defense for care provided to 
Medicare-eligible retirees and their families. Although the Senate 
included this provision in its version of the Fiscal Year 1997 Defense 
Appropriations bill, it was dropped in conference with the House.
  A year later, I supported the current Medicare subvention 
demonstration project for military retirees, which was included in the 
Balanced Budget Act of 1997. It is my hope that this project will 
demonstrate the potential for Medicare subvention to defray the 
escalating costs of the Military Health Service System, slow the 
depletion of the Medicare Trust Fund, and provide a more generous 
benefit to retired service members seeking the quality health care our 
government promised them.
  I do not need to remind my colleagues that we also promised medical 
benefits to veterans who served for fewer than 20 years and are not 
entitled to retirement benefits. That the Department of Veterans 
Affairs manages the largest health care network in the United States is 
testament to our continuing effort to make good on that promise. But 
the quantity of health care providers for veterans is not at issue 
today; rather, the quality of care is among the most pressing items on 
the agenda of America's veterans and their advocates.
  The veterans from whom I am honored to hear on my travels across the 
United States and in my Senate office frequently remind me that the VA 
health care system does not always offer them the quality of care they 
have clearly earned. Authorizing a test of Medicare subvention for 
veterans would hopefully demonstrate its ability to improve veterans' 
access to VA facilities and enhance the quality of service there.
  For this reason, the Department of Veterans Affairs supports a 
Medicare subvention demonstration. So do the major veterans' service 
organizations whose membership comprises the very individuals who would 
be affected by this legislation. I would also note that a majority of 
both houses of the 105th Congress voted in favor of legislation to 
authorize a Medicare subvention demonstration for veterans, even though 
the specific terms of that legislation differed somewhat.
  Mr. President, I wish to conclude my remarks by once again drawing 
from the wisdom of the veterans' service organizations' Independent 
Budget, which warns that Medicare subvention funding must be a 
supplement to, not a substitute for, an adequate VA appropriation. 
Veterans' care and benefits have been underfunded for years. 
Implementing a test of Medicare subvention for veterans is but one step 
in what must be a concerted campaign to honor the promises made to all 
who have answered their country's call through their military service. 
Let no one forget the sacrifices made by every veteran to secure our 
liberty in what has been, and remains, a very dangerous world.
  Mr. HUTCHINSON. Mr. President. I would like to express my strong 
support for Senator Jefford's bill, the Veterans' Equal Access to 
Medicare Act. I am proud to be an original cosponsor of this important 
legislation which would allow the VA to establish a Medicare subvention 
demonstration project. At ten sites across the country, Medicare would 
reimburse the VA for Medicare-covered services provided to eligible 
veterans.
  As a former member of the House Veterans' Affairs Committee, and a 
current member of the Senate Veterans' Affairs Committee, I have been 
and remain a strong advocate of the Medicare subvention concept. As a 
member of the House, I was cosponsor of Representative Joel Hefley's 
bill to create a demonstration project of Medicare subvention. During 
the 105th Congress, I was a cosponsor of Senator Jefford's bill, S. 
2054.
  The last four years of flat-lined Administration budgets have 
demonstrated the critical need for this legislation. To treat new 
veteran patients, the VA must be creative in finding new revenue 
sources. The perpetual volatility of the health care marketplace has 
made it more and more difficult for VA to collect under the standard 
fee for service arrangements. Currently, 85% of all insured Americans 
are under some form of managed care, and many of these plans do not 
recognize the VA as a network provider eligible for reimbursement. In 
order for the VA to be able to collect the millions that it needs to 
adequately serve veterans and to survive under the budget proposed by 
the Administration for FY 2000, there must be a new revenue source. 
Medicare subvention legislation would be a step in the right direction.
  Historically, higher income veterans have been locked out of the VA 
health care system because of a severe lack of resources. Under 
subvention legislation, the VA would potentially be able to open its 
doors to millions of veterans 65 years and older who want to choose VA 
as their primary care giver. Our legislation will be the first in truly 
saving the Private Ryan's of WWII and the Korean conflict. Now more 
than ever, the VA needs to be able to collect and compete in the health 
care marketplace as an equal partner with other health plans. Medicare 
subvention will allow it that opportunity. I am proud to again be a 
cosponsor of this important legislation.
                                 ______
                                 
      By Mrs. BOXER (for herself, Mr. Kerry, and Mr. Torricelli):
  S. 446. A bill to provide for the permanent protection of the 
resources of the United States in the year 2000 and beyond; to the 
Committee on Energy and Natural Resources.


         PERMANENT PROTECTION FOR AMERICA'S RESOURCES 2000 ACT

  Mrs. BOXER. Mr. President, today, I am introducing the Permanent 
Protection for America's Resources 2000 Act--Resources 2000. This 
legislation is the most sweeping commitment to protecting America's 
natural heritage in more than a generation. It will establish a 
permanent, dedicated funding source for resource protection. I am 
honored to be working on this legislation with Congressman George 
Miller in the House of Representatives, and my Senate Colleagues, 
Senator John Kerry and Senator Robert Torricelli.
  As we embark upon the 21st Century, it is time to make a new 
commitment to our natural heritage--one that can take its place beside 
the legacy left by President Teddy Roosevelt as we began this century. 
That new commitment must go beyond a piecemeal approach to preserving 
our natural resources. It must be a comprehensive, long-term strategy 
that enables us to ensure that

[[Page 2817]]

when our children's children enter the 22nd Century, they can herald 
our actions today, as we revere those of President Roosevelt.
  Today our natural heritage is disappearing at an alarming rate. Each 
year, nearly 3 million acres of farmland and more than 170,000 acres of 
wetlands disappear. Each day, over 7,000 acres of open space are lost 
forever.
  All across America, we now see parks closing, recreational facilities 
deteriorating, open space disappearing, historic structures crumbling.
  Why is this happening? Because there is no dedicated fund for all 
these noble purposes--which can be used only for these noble purposes.
  The legislation that I am introducing today will address this problem 
in a comprehensive Resources 2000 in a bold, historic initiative to 
provide substantial and permanent funding from offshore oil resources 
for the acquisition, improvement and maintenance of public resources 
throughout the United States: public lands, parks, marine and coastal 
resources, historic preservation, fish and wildlife. Resources 2000 
will provide permanent, annual funding for historically underfunded, 
high priority resources' preservation goals.
  A major funding source for resource protection already exists. Each 
year, oil companies pay the federal government billions of dollars in 
rents, royalties, and other fees in connection with offshore drilling 
in federal waters. In 1998 alone, the government collected over $4.6 
billion from oil and gas drilling on the Outer Continental Shelf.
  My bill would allocate $1.4 billion every year for land acquisition, 
park and recreational development, historic preservation, land 
restoration, ocean conservation, farmland preservation, and endangered 
species recovery.
  Resources 2000 will also mandate full funding of the Land and Water 
Conservation Fund. In 1965, Congress established this Fund, which was 
to receive $900 million a year from federal oil revenues for 
acquisition of sensitive lands and wetlands.
  The good news is that Fund has collected over $21 billion since 1965. 
The bad news is that only $9 billion of this amount has been spent on 
its intended uses. More than $16 billion has been shifted into other 
federal accounts.
  On the ground, this means that we have purchased some key tracts of 
land in the Golden Gate National Recreation Area, Redwood National 
Park, Tahoe National Forest, and Channel Islands National Park, among 
many others.
  At the same time, however, we missed golden opportunities to buy 
critical open space because the Land and Water Conservation Fund was 
underfunded. Some of these parcels--in the Santa Monica Mountains, 
along the Pacific Crest Trail, and elsewhere throughout California--
have since been lost. If we had been able to use the entire Fund, these 
areas would have been protected.
  To preserve meaningful tracts of open space, we must spend the entire 
Fund to acquire land and water. Congress must move to take the Fund 
``off budget'' and use it all for its intended purposes.
  Resources 2000 would fund the Land and Water Conservation Fund at 
$900 million per year, the full level authorized by Congress. Half of 
this amount would be dedicated to federal acquisition of lands for our 
national parks, national forests, national wildlife refuges, and other 
public lands. The other half would go for matching grants to the states 
for land acquisition, planning, and development of outdoor recreation 
facilities.
  Furthermore, this can be done without causing further harm to the 
environment. My bill does not contain any incentives for new offshore 
oil drilling. All of the revenue would have to come from already 
producing leases.
  The bill contains eight titles as follows:


 Title I--Land and Water Conservation Fund Revitalization--$900 million

  Federal: $450 million
  Stateside: $450 million
  Summary of Title: Resources 2000 would take the Land and Water 
Conservation Fund (LWCF) ``off-budget'' and require the federal 
government to spend the entire $900 million for its designated purpose 
of land acquisition.
  One-half of the annual $900 million allocation of the LWCF would be 
dedicated to federal land acquisition purposes. These funds would be 
used to acquire lands or interests in lands authorized by Congress for 
our national parks, national forests, national wildlife refuges, and 
public lands.
  The other $450 million allocation of the LWCF would go for matching 
grants to the States for the acquisition of lands or interests in 
lands, planning, and development of outdoor recreation facilities. Of 
this $450 million, two-thirds will be allocated by formula of which 30 
percent shall be distributed equally among the States, and 70 percent 
apportioned on the basis of the population each state bears to the 
total population of all states. The remaining one-third would be 
awarded on the basis of competitive grants.


  Title II--Urban Parks and Recreational Recovery Program Amendments--
                              $100 million

  Summary of Title: Resources 2000 would provide a mandatory $100 
million a year of OCS revenue for the Urban Parks and Recreational 
Recovery program (UPARR). This funding would be used by the Secretary 
of the Interior to provide competitive matching grants to local 
governments to rehabilitate recreation areas and facilities, provide 
for the development of improved recreation programs, and to acquire, 
develop, or construct new recreation sites and facilities.
  This program is intended to encourage and stimulate local governments 
to revitalize their park and recreation systems and to make long-term 
commitments to continuing maintenance of these systems. UPARR is also 
designed to improve recreation facilities and expand recreation 
services in urban areas with a high incidence of crime and to help 
deter crime through the expansion of recreation opportunities for at-
risk youth.


          Title III--Historic Preservation Fund--$150 million

  Summary of Title: Your bill would take the Historic Preservation Fund 
``off-budget'' and require the federal government to spend the entire 
$150 million a year of OCS revenue for the designated purposes of the 
Historic Preservation Fund. Your bill would also require that 50 
percent of the funds provided be used for physically preserving 
historic properties (so-called ``brick and mortar'' activities).
  Under current law, the National Historic Preservation Act established 
the Historic Preservation Fund (HPF) in 1977. The Act requires that 
$150 million in revenue from offshore oil drilling be placed in the HPF 
each year. Congress is authorized to appropriate money from the fund to 
carry out the National Historic Preservation Act. Such activities 
include grants to states, maintaining the National Register of Historic 
Places, and administering numerous historic preservation programs. The 
Act allows up to one-third of the funds for priority preservation 
projects of public and private entities, including preserving historic 
structures and sites, as well as, significant documents, photographs, 
works of art, etc.


 Title IV--Farmland, Ranchland, Open Space, and Forestland Protection--
                              $150 million

  Summary of Title: Resources 2000 establishes the Farmland, Ranchland, 
Open Space, and Forestland Protection Fund to provide matching, 
competitive grants to state, local and tribal governments for purchase 
of conservation easements to protect privately owned farmland, 
ranchland and forests from encroaching development. To help communities 
grow in ways that maintain open space and viable agricultural sectors 
of their economies. Such grants could be used to match state or local 
long term bond initiatives approved by voters to preserve green spaces 
for conservation, recreation and other environmental goals.
  The Fund has three basic sections. The first funds the Farmland 
Protection Program at $50 million a year. This funding would be used by 
the Secretary of Agriculture to provide matching grants to eligible 
entities to purchase permanent conservation easements in land so that 
it can be maintained as farmland or open space.

[[Page 2818]]

  The second funds a new program--the Ranchland Protection Program--at 
$50 million a year. Modeled after the Farmland Protection Program, the 
Ranchland Protection Program would be used by the Secretary of the 
Interior to provide matching grants to eligible entities to purchase 
permanent conservation easements on ranchland that is in danger of 
conversion to nonagricultural uses and is pending offer for the 
preservation of open space and will yield a significant public benefit.
  The third section funds the Forest Legacy Program at $50 million a 
year. The Forest Legacy Program is a similar program for protecting 
environmentally important forest areas that are threatened by 
conversion to nonforest uses. Under this program, the Secretary of 
Agriculture will provide matching grants to eligible entities to 
purchase conservation easements for forest lands.
  For the purposes of this title an eligible entity is an agency of a 
State or local government, a federally recognized Indian tribe, or a 
non-profit environment/land trust organization.


    Title V--Federal and Indian Lands Restoration Fund--$250 million

  Summary of Title: Resources 2000 establishes a new fund to provide a 
mandatory $250 million a year to undertake 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.
  $150 million of the funding will be available to the Secretary of the 
Interior to carry out restoration activities within the National Park 
System, National Wildlife Refuge System, and public lands administered 
by the Bureau of Land Management.
  $75 million of the funding will be available to the Secretary of 
Agriculture to carry out restoration activities in National Forests.
  $25 million of the funding will be available to the Secretary of the 
Interior to carry out a competitive grant program for Indian tribes to 
complete restoration activities on reservations.


   Title VI--Ocean Fish and Wildlife Conservation, Restoration, and 
                 Management Assistance -- $300 million

  Summary of Title: Resources 2000 establishes a new fund, entitled the 
Ocean Fish and Wildlife Conservation Fund, to provide a mandatory $300 
million a year for the Department of Commerce to provide grants for the 
conservation, restoration and management of ocean fish and wildlife of 
the United States. The Fund would be allocated in two ways: (1) formula 
grants to States to develop and implement comprehensive state ocean 
fish and wildlife conservation plans, and (2) competitive grants to 
public and private persons to carry out projects for the conservation, 
restoration, or management of ocean fish and wildlife (Ocean 
Conservation Partnership grants).
  a. State Ocean Fish and Wildlife Conservation Plans:
  In order for states to be eligible for funding under this title, 
States would have to develop a comprehensive ``Ocean Fish and Wildlife 
Conservation Plan.'' The plan must be approved by the Secretary of 
Commerce. In order for the plan to be approved, the plan must provide 
for an inventory of the ocean fish and wildlife and their habitat; 
identification of any significant factors which may adversely affect 
ocean fish and wildlife species and their habitats; determination and 
implementation of conservation actions; monitoring of species and the 
effectiveness of conservation actions; periodic plan review and 
revision; and public input into plan development, revision and 
implementation. The State does not need to complete all of these 
activities for plan approval, it simply must have a plan in place that 
will show how the State proposes to meet the conservation objectives.
  Two-thirds ($200 million) of the total would be available to coastal 
states (including Great Lakes States, territories, and possessions of 
the U.S.) for the development, revision, and implementation of the 
``Ocean Fish and Wildlife Conservation Plans.'' Funds would be 
allocated to the states by a formula. Two-thirds (about $133 million) 
would be distributed to states based on the ratio of the population of 
the state to the population of all coastal states. One-third (about $66 
million) would be distributed to states based on the ratio of the 
length of a state's shoreline to the length of the total shoreline of 
all coastal states. No state can receive less than \1/2\ of one percent 
or more than 10 percent of the total funds allocated under this 
section.
  b. Ocean Conservation Partnerships:
  The remaining one-third ($100 million) of funds would be awarded by 
the Secretary of Commerce as competitive, peer-reviewed grants for 
living marine resource conservation. High priority would be given to 
proposals involving public/private conservation partnerships, but any 
person would be eligible to apply for a grant under this provision. 
Priority would also be given to proposals that assist in achieving the 
objectives of National Marine Sanctuaries, National Estuaries, or other 
federal or state marine protected areas. A maximum grant size (2 
percent of funds available--about $2 million) will be established to 
ensure that a small number of large projects do not consume the bulk of 
the funding in a given fiscal year.


Title VII--Funding for State Native Fish and Wildlife Conservation and 
                       Restoration--$350 million

  Summary of Title: Resources 2000 provides a permanent appropriation 
of $350 for the conservation of native fish, wildlife and plants. It 
amends the Fish and Wildlife Conservation Act of 1980 (FWCA, 16 U.S.C. 
2901 et seq.) to make funding available to the states for the 
development and implementation of comprehensive native wildlife 
conservation plans.
  This title is similar to the Ocean Fish and Wildlife Conservation, 
Restoration and Management title, except this is for terrestrial fish 
and wildlife conservation efforts. States that choose to participate in 
the program would submit Fish and Wildlife Conservation Plans to the 
Secretary of the Interior for approval.
  Funds are to be allocated on a formula. One-third of the funds would 
be allocated based on the area of a state relative to the total area of 
all the states and two-thirds on the relative population of a state.
  States are eligible for reimbursement of 75 percent of the cost of 
developing and implementing state wildlife conservation plans. Federal 
funds are only available for plan development costs for the first 10 
years. As an additional incentive, federal funds will pay for up to 90 
percent of: plan development costs during the first three years; and 
conservation actions undertaken by two or more states. In addition, in 
the absence of an approved plan, the Secretary may reimburse a state 
for certain on-the-ground conservation actions during the first five 
years of the program.


  Title VIII--Endangered and Threatened Species Recovery--$100 million

  Summary of Title: Resources 2000 establishes a new fund, entitled the 
Endangered and Threatened Species Recovery Fund, to provide a mandatory 
$100 million a year for the Fish and Wildlife Service and the National 
Marine Fisheries Service to implement a private landowners incentive 
program for the recovery of endangered and threatened species and the 
habitat that they depend on.
  Monies would be used by the Secretaries to enter into ``endangered 
and threatened species recovery agreements'' with private landowners, 
providing grants to: (1) carry out activities and protect habitat (not 
otherwise required by the law) that would contribute to the recovery of 
a threatened or endangered species, or (2) to refrain from carrying out 
otherwise lawful activities that would inhibit the recovery of such 
species. Priority will be given to small landowners who would otherwise 
not have the resources to participate in such programs.
  So it is time to act in a comprehensive way to permanently protect 
our heritage. It is time to heed the call that Teddy Roosevelt sent out 
so many years ago. It is time to build on the progress we have made and 
plan for the future.
  Resources 2000 enjoys the enthusiastic support of major 
environmental, historic preservation, sporting, wildlife, and parks 
organizations throughout the nation.

[[Page 2819]]

  I hope that my colleagues in the Senate take advantage of this 
historic opportunity by joining Senator Torricelli, Senator Kerry, and 
me in this effort to preserve America's heritage.
  I ask unanimous consent that the full text of the bill be printed in 
the Record. I also ask unanimous consent that a list of groups who 
support the legislation, as well as letters from several conservation 
organizations be printed in the Record.
  There being no objection, the materials were ordered to be printed in 
the Record, as follows:

       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

[[Page 2820]]

     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.

[[Page 2821]]

     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--

[[Page 2822]]

       (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

[[Page 2823]]

     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).

[[Page 2824]]



   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 an 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 an Living Marine Resources 
     Conservation Plan pursuant to subsection (d), as follows:
       (i) Not to exceed 90 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 an 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

[[Page 2825]]

     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--

[[Page 2826]]

       (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;

[[Page 2827]]

       (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.
                                  ____


                Organizations Supporting Resources 2000

       America Oceans Campaign.
       Bay Area Open Space Council.
       Bay Area Ridge Trail Council.
       Bay Institute.
       California Police Activities League.
       Carquinez Strait Preservation Trust.
       Defenders of Wildlife.
       Earth Island Institute.
       East Bay Regional Park District.
       Environmental Defense Fund.
       Friends of the Earth.
       Friends of the River.
       Golden Gate Audubon Society.
       Greater Vallejo Recreation District.
       Izaak Walton League.
       Land Trust Alliance.
       Marin Conservation League.
       Martinez Regional Land Trust.
       National Conference of State Historic Preservation 
     Officers.
       National Audubon Society.
       National Environmental Trust.
       National Parks and Conservation Association.
       National Association of Police Athletic Leagues.
       National Wildlife Federation.
       Natural Resources Defense Council.
       Physicians for Social Responsibility.
       Preservation Action.
       Save San Francisco Bay Association.
       Save the Redwoods.
       Scenic America.
       Sierra Club.
       Society for American Archaeology.
       Trust for Public Land.
       U.S. Public Interest Research Group.
       Wilderness Society.

             Excerpts of Letters Supporting Resources 2000

       ``America's Resources 2000 would significantly help our 
     lands, oceans and creatures in the next millennium. 
     Representative Miller and Senator Boxer have listened to the 
     demand of the American people and are pushing for critical, 
     much-needed funding for the environment.''--Brent 
     Blackwelder, President, Friends of the Earth.
       ``Congress ought to lay down the law: federal lands must be 
     kept safe, even added to, instead as a national yard sale for 
     wealthy corporations to raid for cheap resources. The 
     Permanent Protection for America's Resources 2000 bill sends 
     that message loud and clear.''--Philip E. Clapp, President, 
     National Environmental Trust.
       ``The Carquinez Strait Preservation Trust applauds your 
     initiatives to provide protection for American resources . . 
     . We strongly support your legislation.''--Jerry Ashland, 
     President, Carquinez Strait Preservation Trust.
       ``The Bay Area Open Space Council thanks you for your bold 
     leadership in introducing the Permanent Protection for 
     America's Resources 2000 legislation.''--John Woodbury, 
     Program Director, Bay Area Open Space Council.
       ``Millions of acres within our national parks are still 
     privately owned and not protected because the federal 
     government has failed to acquire the lands America wants 
     preserved. Resources 2000 will provide the funding, not only 
     this year, but in years to come, to secure these treasured 
     places for the ages.''--Tom Kiernan, President, National 
     Parks and Conservation Association.
       ``Your Resources 2000 offers the hope that permanent, 
     annual funding will be secured for resource preservation 
     goals.''--Susan West Montgomery, President, Preservation 
     Action.
       ``Implementation of Permanent Protection for America's 
     Resources 2000 would be a dream come true for 
     conservationists and truly usher in a new millennium for 
     wildlife.''--Rodger Schlickeisen, President, Defenders of 
     Wildlife.
       ``We have been advocating for the use of the Land and Water 
     Conservation Funds for land acquisition for several years, 
     and we are very glad to see that this is one of the key 
     elements in this proposed legislation.''--Jerry Edelbrock, 
     Executive Director, Marin Conservation League.
                                  ____


    Citizen Groups Call Land and Water Protection a Top Legislative 
                                Priority

       A broad range of citizen organizations today expressed 
     support for the principles of the Permanent Protection for 
     America's Resources 2000 initiative to be introduced this 
     week by Rep. George Miller (D-CA) and Sen. Barbara Boxer (D-
     CA). The initiative provides guaranteed annual funding for 
     conservation from the Land & Water Conservation Fund and 
     other long-sought measures to

[[Page 2828]]

     protect America's public lands, wildlife, and historical 
     resources. Selected comments by environmental leaders follow.
       ``Implementation of Permanent Protection for America's 
     Resources 2000 would be a dream come true for 
     conservationists and truly usher in a new millennium for 
     wildlife. This far-sighted legislation is Defenders of 
     Wildlife's top legislative priority because it provides long-
     needed permanent protection for the Land and Water 
     Conservation Fund as well as funding for endangered species 
     recovery, restoration of public lands, ocean fish and 
     wildlife, and native wildlife and plant programs.''--Rodger 
     Schlickeisen, President, Defenders of Wildlife.
       ``Sen. Boxer and Rep. Miller have outlined an inspired 
     vision for protecting and restoring the irreplaceable 
     elements of our heritage for the future. This bill shows that 
     we can find ways to protect all our resources, including the 
     ocean and its creatures, without the danger of incentives for 
     unnecessary offshore oil drilling. We applaud their effort 
     and look forward to working with them to ensure the vitality 
     of our ocean and coastal resources for our children.''--David 
     Younkman, Executive Director, American Oceans Campaign.
       ``Citizens in communities all across the country voted last 
     fall for over a hundred ballot and bond initiatives to 
     protect America's special places. Now it's time for our 
     lawmakers to catch up with the American people. The Congress 
     should act quickly to pass this popular bill.''--Carl Pope, 
     Executive Director, Sierra Club.
       ``Millions of acres within our national parks are still 
     privately owned and not protected because the federal 
     government has failed to acquire the lands America wants 
     preserved. Resources 2000 will provide the funding, not only 
     this year, but in years to come, to secure these treasured 
     places for the ages.''--Tom Kiernan, President, National 
     Parks & Conservation Association.
       ``Resources 2000 is a bold, comprehensive approach to 
     conservation. The legislation directs money where it is 
     desperately needed: to purchase land for bird and wildlife 
     habitat, to help endangered species recover, and to fight 
     sprawl. Congressman Miller and Senator Boxer are to be 
     commended for charting the course of conservation for the 
     next century. By providing permanent protection, our children 
     will be able to enjoy the splendors of our land and 
     wildlife.''--Dan Beard, Vice President for Public Policy, 
     National Audubon Society.
       ``The National Wildlife Federation's top priority for this 
     Congress is passage of significant long-term funding for 
     wildlife and wild places for both federal and state programs. 
     This proposal helps set the parameters to achieve a 
     bipartisan victory for conservation funding this year.''--
     Mark Van Putten, President & CEO, National Wildlife 
     Federation.
       ``Now that we have successfully moved past the Cold War and 
     large budget deficits, it is essential that we Americans 
     invest in the stewardship of our natural resources and the 
     sustainability of our environment for the benefit of our 
     children and their children. Permanent Protection for 
     America's Resources 2000 is a bold initiative to protect our 
     precious natural and cultural heritage and the quality of 
     life for all Americans. As we approach the millennium we must 
     pass this program as our generation's legacy for the 
     future.''--John Adams, President, Natural Resources Defense 
     Council.
       Resources 2000 provides long-overdue funding for bipartisan 
     conservation initiatives which will help Americans protect 
     natural beauty, the character of their communities, and their 
     heritage as we move into the new millennium.''--Meg Maguire, 
     Executive Director/President, Scenic America.
       ``A healthy ecosystem is the bedrock of a healthy society. 
     The Miller/Boxer bills will help to preserve the biodiversity 
     we need for the development of new medicines and vaccines, 
     and safeguard the parks and recreation areas so vital to 
     human health and well-being. PSR is pleased to add its voice 
     to the chorus of support for this important legislation.''--
     Robert K. Musil, Ph.D., Executive Director, Physicians for 
     Social Responsibility.
       ``We applaud Rep. Miller and Sen. Boxer for their effort to 
     reinvigorate chronically underfunded land acquisition 
     programs and provide much-needed funds to protect urban areas 
     and open spaces and conserve fish and wildlife. Resources 
     2000 will provide a substantial down payment in the effort to 
     preserve and protect our natural heritage while protecting 
     our coastal areas from increased offshore drilling.''--Gene 
     Karpinski, Executive Director, U.S. PIRG.
       ``America's Resources 2000 would significantly help our 
     lands, oceans, and creatures in the next millennium. Rep. 
     Miller and Sen. Boxer have listened to the demand of the 
     American people and are pushing for critical, much-needed 
     funding for the environment.''--Brent Blackwelder, President, 
     Friends of the Earth.
       ``It is vital that Congress adequately fund the programs 
     that care for the public's lands, whether in parks, national 
     forests, wildlife preserves, or historic sites. Without 
     adequate funding, federal stewardship of the public's lands 
     will fall further and further behind, and America's natural 
     heritage will be lost to future generations. Congress ought 
     to lay down the law: federal lands must be kept safe, even 
     added to, instead of treated as a national yard sale for 
     wealthy corporations to raid for cheap resources. The 
     Permanent Protection for America's Resources 2000 bill sends 
     that message loud and clear.''--Philip E. Clapp, President, 
     National Environmental Trust.
       ``We welcome Rep. George Miller's proposal that joins with 
     the Administration's initiative and the previously introduced 
     Senate and House bills, calling for full funding for the Land 
     and Water Conservation Fund and much-needed support for fish 
     and wildlife to state agencies. We are especially encouraged 
     by the expressed commitment of all parties to work 
     cooperatively on these proposals with all those who have a 
     stake in the nation's natural resources to craft a landmark 
     conservation bill in this Congress.''--Paul Hansen, Executive 
     Director, Izaak Walton League of America.
                                  ____



                                                  Sierra Club,

                                Washington, DC, February 19, 1999.
       Dear Senator: Please support Permanent Protection for 
     America's Resources.
       On behalf of the more than half million members of the 
     Sierra Club, I am writing to encourage you to support full 
     and permanent funding for the Land and Water Conservation 
     Fund this year. There are a number of positive initiatives 
     underway that will increase this critical land acquisition 
     fund, as well as support numerous other land protection 
     programs such as farmland preservation and fish, wildlife and 
     land restoration programs.
       In particular, I urge you to become an original cosponsor 
     of a new bill to be introduced shortly by Senator Barbara 
     Boxer (D-CA). The Permanent Protection for America's 
     Resources 2000 Act builds upon the Clinton Administration's 
     proposed new Land Legacy initiative by providing a secure 
     source of funding for natural resource protection programs.
       Senator Boxer's bill provides full and permanent annual 
     funding of the LWCF, funding for local governments and States 
     for conservation and recreation purposes, special funding for 
     coastal states to conserve and restore marine resources; and 
     farmland and open space preservation incentives.
       Senator Boxer's bill stands in contrast to S. 25, a bill 
     recently introduced by Senators Frank Murkowski (R-AK) and 
     Mary Landrieu (D-LA). The Murkowski/Landrieu bill shares the 
     goal of funding important natural resource protection and 
     wildlife programs, but unfortunately does this at the expense 
     of our coastal environment. We are strongly opposed to this 
     bill in its current form because it would encourage increased 
     oil drilling by providing financial incentives to states 
     based in part on the amount of drilling off their coasts.
       Thre has been some confusion about the relationship of S. 
     25 to Teaming with Wildlife, a legislative proposal that 
     received significant support last year. The Sierra Club 
     supported the Teaming with Wildlife proposal, which also 
     generated funding for wildlife programs. However, we are 
     actively opposed to the Murkowski/Landrieu bill due to the 
     drilling incentives in this bill.
       Please consider becoming an original cosponsor of Senator 
     Boxer's bill. We also urge you not to cosponsor S. 25 unless 
     the drilling incentives are completely removed from the bill.
           Sincerely,
                                               Melanie L. Griffin,
     Director, Land Protection Programs.
                                  ____



                                         Friends of the River,

                                Sacramento, CA, February 19, 1999.
     Re support for Resources 2000.

     Hon. Barbara Boxer,
     U.S. Senate, Washington, DC.
       Dear Senator Boxer: As California's leading river 
     conservation group, we would like to add our name to the list 
     of those supporting the Resources 2000 legislation that you 
     and Congressman Miller have authored.
       Your effort to provide substantial and permanent funding 
     for the improvement acquisition and maintenance of natural 
     resource areas throughout the country is critical for 
     preserving fisheries, wildlife habitat and outdoor recreation 
     opportunities. Here in California, it will clearly benefit 
     our state's wonderful rivers and watersheds.
       We greatly appreciate your leadership in trying to find and 
     direct the monies necessary to support the Land and Water 
     Conservation funds at the State and federal levels, urban 
     parks and recreation, endangered species recovery programs, 
     historic preservation, fishery restoration, and the like.
       On behalf of Friends of the River's 8,000 members, we thank 
     you for your good work and pledge to help see it through to 
     success.
           Sincerely,
                                                 Betsy Reifsnider,
     Executive Director.
                                  ____

         National Parks and Conservation Association Pacific 
           Regional Office,
                                   Oakland, CA, February 12, 1999.
     Hon. Barbara Boxer,
     U.S. Senate, Washington, DC.
       Dear Senator Boxer: On behalf of the National Parks and 
     Conservation Association (NPCA), I would like to thank you 
     for your

[[Page 2829]]

     leadership as you strive to achieve a fully funded Land and 
     Water Conservation Fund. The ``Permanent Protection for 
     America's Resources 2000'' legislation, which you will be 
     introducing with Congressman George Miller, represents a bold 
     step in resolving the long standing gap between the list of 
     lands identified as critical for the protection of our 
     nation's natural and cultural heritage and the funds 
     necessary to acquire and restore them. NPCA strongly endorses 
     the bill.
       Since its inception, the Land and Water Conservation Fund 
     has often been the court of last resort for sensitive lands 
     threatened by development. However, due to competing demands 
     for these revenues generated by offshore oil profits, the 
     Fund has never been allowed to fulfill its mandate. As such, 
     our national parks remain incomplete, native habitat for fish 
     and wildlife has been fragmented, and opportunities to 
     recover endangered species have been lost. With the number of 
     threats to our nation's heritage growing exponentially, it is 
     clearly time to renew our commitment to a permanent, fully 
     funded Land and Water Conservation Fund.
       NPCA looks forward to working with you and Congressman 
     Miller in passing this important legislation. Thank you 
     again.
           Sincerely,
                                                       Brian Huse,
     Regional Director.
                                  ____



                             Society for American Archaeology,

                                Washington, DC, February 19, 1999.
     Hon. Barbara Boxer,
     United States Senate, Washington, DC.
       Dear Senator Boxer: The Society for American Archaeology 
     enthusiastically supports the ``Permanent Protection for 
     America's Resources 2000'' legislation that you will be 
     introducing with Congressman George Miller. SAA believes this 
     legislation is a comprehensive approach to insure long-term 
     protection of not only natural resources, but archaeological 
     and historic sites as well.
       SAA applauds your joint efforts to fully fund the Land and 
     Water Conservation Fund, the Historic Preservation Fund, and 
     other programs that have long suffered from diminished 
     financial support from the Congress. SAA is particularly 
     enthusiastic about the proposed annual funding for programs 
     fundable through the Historic Preservation Fund at $150 
     million, including grants to the states and National Park 
     Service.
       Enactment of this legislation will offer a comprehensive 
     set of tools to help protect the cultural and natural 
     environment in the future, and fulfills the Congressional 
     intent of earlier laws, which mandated that income from 
     offshore oil leases be directed towards the preservation of 
     our country's rich and diverse cultural and natural 
     heritages.
       SAA looks forward to working with you and your staff in 
     support of this legislation, and, ultimately, to securing its 
     passage.
           Sincerely,
                                                  Vin Steponaitis,
     President.
                                  ____



                                           Preservation Action

                                Washington, DC, February 12, 1999.
     Hon. Barbara Boxer,
     Senate Hart Office Building, Washington, DC.
       Dear Senator Boxer: Preservation Action offers its support 
     of your Permanent Protection for America's Resources 2000 
     legislation. For too long, the portion of the revenue from 
     offshore oil resources meant for natural and historic 
     resource protection has gone unappropriated. Your Resources 
     2000 legislation offers the hope that permanent, annual 
     funding will be secured for resource preservation goals.
       In particular, Preservation Action supports Resources 2000 
     because it includes consideration for the Historic 
     Preservation Fund (HPF). Established in 1977 and authorized 
     at $150 million dollars annually since 1980, the HPF over the 
     last twenty years has never received more than about one-
     third its annual authorized amount. Indeed, near level 
     funding for most of the 1990s meant that appropriations were 
     not even keeping pace with cost of living increases. Your 
     bill will not only direct much-needed dollars to HPF's core 
     programs--tax credit certification, Section 106 review, 
     National Register survey work and nominations, and technical 
     assistance--but ensures that the fund can meet preservation 
     needs at all levels.
       Preservation Action is a national grassroots organization 
     dedicated to advocating the goals of the historic 
     preservation community. Since 1974, Preservation Action has 
     worked to see historic preservation used to protect America's 
     past--its neighborhoods, landmarks, and architectural 
     treasures--and build healthier communities. The best way to 
     preserve and protect our historic resources is to keep them 
     viable for today. Resources 2000, including its consideration 
     of the HPF, is an important step towards this goal.
           Sincerely,
                                            Susan West Montgomery,
     President.
                                  ____

         National Conference of State Historic Preservation 
           Officers,
                                Washington, DC, February 16, 1999.
     Re: Historic Preservation Fund.
     Hon Barbara Boxer,
     United States Senate, Washington, DC.
       Dear Senator Boxer: On behalf of the State Historic 
     Preservation Officers, thank you for including the Historic 
     Preservation Fund in your legislation ``Permanent Protection 
     for America's Resources 2000,'' to be introduced with 
     Congressman George Miller.
       Congress was extremely far-sighted two decades ago when it 
     created the Land and Water Conservation and Historic 
     Preservation Funds. The idea of dedicating a portion of the 
     revenues generated by depleting non renewable resources to 
     the conservation of irreplaceable natural and cultural 
     resources is as powerful now as it was then. The fact that so 
     little of the offshore oil revenues have been going for their 
     intended purposes has been very frustrating to those trying 
     to preserve the nation's heritage.
       The National Historic Preservation Act programs, 
     administered by partners in State, local and tribal 
     governments, provide the infrastructure for every community 
     to identify and protect significant landmarks, to create 
     incentives for reinvesting in existing settled areas as 
     opposed to abandonment and ``sprawl,'' and to encourage 
     sustainable industries such as heritage tourism. These 
     programs are an essential complement to greater assistance 
     for federal properties in order to achieve a truly 
     comprehensive program for America's heritage.
       The National Conference of State Historic Preservation 
     Officers thanks you for your leadership on this issue and 
     looks forward to working with you and your staff in support 
     of this legislation.
           Sincerely,
                                                  Eric Hertfelder,
     Executive Director.
                                  ____



              National Association of Police Athletic Leagues,

                          North Palm Beach, FL, February 19, 1999.
     Hon. Barbara Boxer,
     United States Senate, Washington, DC.
       Dear Senator Boxer: I am writing on behalf of the National 
     Association of Police Athletic Leagues (PAL) to support your 
     legislation to provide permanent funding for high priority 
     resource preservation objectives through the Permanent 
     Protection for America's Resources 2000.
       National PAL believes that participation in outdoor 
     recreation provides important physical, mental, and social 
     benefits to young people. Continued growth in demand for 
     outdoor recreation opportunities has brought overcrowding to 
     some areas, while budgetary constraints, environmental 
     pollution, and open space availability to other uses has 
     further added to the challenges we face. To effectively meet 
     this challenge, federal recreation efforts must receive 
     permanent federal commitment to support public land 
     acquisition and improvements, fish and wildlife programs, 
     urban recreation and historic preservation, and farmland and 
     open space.
       We share in your vision of safe, clean, planned, and well-
     maintained recreation areas, available to all Americans. It 
     is essential that funding of state and local recreation areas 
     increase to meet demand. These areas in particular bear the 
     brunt of recreational use but have not seen the increases in 
     funding necessary to support the growth, rehabilitation, 
     development, acquisition and improvements of recreation land. 
     The Resources 2000 initiative addresses the need to target 
     funds and restore our national commitment to the protection 
     and preservation of our public resources.
       PAL Police Officers and volunteers work with young people 
     and depend on public lands to provide diverse and high 
     quality opportunities for recreation. Your concern for 
     America's Resources and passage of the Land and Water 
     Conservation Fund legislation will guarantee that our PAL 
     kids and future generations of Americans will be assured of 
     our precious natural resources.
       We are proud to join you and Congressman George Miller in 
     advocating support for Resources 2000. If I may be of any 
     assistance, please do not hesitate to call me at 561-844-
     1823.
           Sincerely,
                                                       Joe Wilson,
     Executive Director.
                                  ____



                                  Bay Area Open Space Council,

                                                February 18, 1999.
     Hon. George Miller,
     United States House of Representatives, District Office, 
         Concord, CA.
       Re permanent protection for America's Resources 2000
       Congressman Miller: The Bay Area Open Space Council thanks 
     you for your bold leadership in introducing the Permanent 
     Protection for America's Resources 2000 legislation. We would 
     like to express our strongest support.
       The legislation proposes a comprehensive and thoughtful 
     approach for effectively addressing national resource 
     conservation needs.
       Utilizing offshore oil lease revenues for resource 
     conservation is reasonable, practical, and consistent with 
     the original intent and commitment of Congress in 
     establishing the Land and Water Conservation Fund.
       This legislation is urgently needed. Our rapidly growing 
     population is placing unprecedented pressure on a wide range 
     of irreplaceable resources. The balanced package of

[[Page 2830]]

     programs in your legislation will enable our economy to grow, 
     and our communities to prosper, by providing funding for the 
     protection of many of the resources which underpin our 
     economy and quality of life.
       The Bay Area Open Space Council is a cooperative effort of 
     approximately 40 land conservation organizations and agencies 
     with responsibilities in the San Francisco Bay Area. We 
     applaud your leadership in proposing Permanent Protection For 
     America's Resources 2000, and commit to doing all we can to 
     assist.
           Sincerely,
                                                    John Woodbury,
                                                 Program Director.
                                 ______
                                 
      By Mr. BURNS:
  S. 447. A bill to deem as timely filed, and process for payment, the 
applications submitted by the Dodson School Districts for certain 
Impact Aid payments for fiscal year 1999; to the Committee on Health, 
Education, Labor, and Pensions.


                  dodson school districts legislation

  Mr. BURNS. Mr. President, I rise today to introduce a bill that may 
not impact our nation but will have an impact on 120 students in my 
state of Montana. These students are victims of a bureaucratic 
bamboozle that should be an easily reconciled mistake.
  I would like to request the compassion of my colleagues. We all make 
mistakes and sometimes these mistakes have a financial cost to us as 
individuals. However, in the case of the Dodson Public School District, 
a misdirected application could result in a loss of impact aid funding. 
As you all know, Impact Aid funding is necessary for areas that have no 
local revenue raising mechanism.
  This application was inadvertently sent to the wrong office within 
the Department of Education by the deadline. Last year, we say how 
unbending the Internal Revenue Service was in terms of customer 
service--I would like to think the rest of the federal government does 
not follow suit. According to the Department of Education, deadlines 
are deadlines. During hearing last year, Congress determined this is 
not the culture we would like to see in the Department of Education or 
any other arm of the nation's federal government.
  The loss of funds would likely mean the demise of the entire public 
school system--a system that serves many residents of the Fort Belknap 
Indian Reservation. The economic state of Montana's reservations is not 
well and losing this school district would require many students 
additional transportation costs and travel of over thirty miles. 
Additionally, adjoining school districts and local governments would be 
extremely pressed to pick up the tab for additional education and 
transportation costs with much less proportionate revenue share.
  Dodson Public Schools in Dodson, Montana has a total enrollment of 
120 students in K-12. In grades K-8, 53% of the total 74 students 
reside on federal land. In grades 9-12, 31% of the total 46 students 
reside on federal land. Of the total enrollment, 75% of the students 
are eligible for our free and reduced lunch program.
  Mr. President, I'm certain you'll agree not many schools in America 
can rival the need for impact aid funds like Dodson's schools.
  Now that you know the facts, I think you'll agree we cannot ignore 
the plight of Dodson School District. This is a simple plea from a 
modest Montana community that would like to continue their rich, 
historic culture and legacy.
  Mr. President, as you know, it is the role of Congress to protect the 
students of our nation. This bill will fix an unfortunate situation 
that could happen to any state in our nation.
                                 ______
                                 
      By Mr. SMITH of New Hampshire:
  S.J. Res. 11. A joint resolution prohibiting the use of funds for 
military operations in the Federal Republic of Yugoslavia (Serbia and 
Montenegro) unless Congress enacts specific authorization in law for 
the conduct of those operations; read the first time.


  prohibiting the use of funds for military operations in the Federal 
                         Republic of Yugoslavia

  Mr. SMITH of New Hampshire. Mr. President, as President Reagan would 
say, ``Here we go again.'' This administration is now on the verge of 
making a commitment of American forces to another 911 humanitarian 
crisis around the world, without the approval of Congress.
  As I stand here today, the United States is poised to launch 
airstrikes against the sovereign nation of Federal Republic of 
Yugoslavia. Given the apparent failure of the talks in France regarding 
the issue of the peacekeeping force, there is a real possibility that 
airstrikes may be imminent and that American forces, as part of a NATO 
force, may be committed in Kosovo. I would venture to say that many 
Americans would be hard-pressed to find Kosovo on a map; yet here again 
our sons and daughters are going to be asked to put their lives on the 
line for this administration without approval of their elected 
representatives in Congress, and without any declaration of war.
  Mr. President, this is very, very disturbing. I have spoken out in 
the past against the Bosnia operation. I have spoken out against our 
occupation of Haiti. But Kosovo is the last straw for me. Today I am 
introducing a bill to ensure that Congress exercises its constitutional 
right of approval before this administration commits us to an act of 
war against a sovereign nation. If we are going to be taking offensive 
military action, I don't believe there ought to be any troops in any 
sovereign nation unless there is a declaration of war, or at least a 
specific authorization by Congress.
  The resolution I am introducing simply says that there will be no 
troops committed in any force of any kind without a specific 
authorization from the U.S. Congress. I am going to call on my 
colleagues to join me in this effort before we get embroiled in another 
long-term conflict that is not in the United States' interest.
  I want to make a few points about this.
  This administration apparently thinks nothing of committing an act of 
war without congressional approval--they will commit troops first, and 
come to us later and ask for our support.
  On the contrary, when President Bush wanted to repel Iraq from 
Kuwait, he came to the Congress--a Democrat-controlled Congress--and 
Congress authorized him to do that. He came here. He took his chance. 
He did the right thing. But that is not happening now.
  While this body has been wrestling with impeachment proceedings, 
President Clinton's administration has been preparing to wage war.
  I want to repeat that. We were tied down here for almost 2 months 
talking about the impeachment of the President of the United States, 
and while we were doing that, the same President who was nearly removed 
from office was preparing to wage war against a sovereign nation 
without congressional approval. That is absolutely outrageous, and I am 
not going to stand by any longer and be silent about it.
  The administration has crafted a plan to fix the internal problems of 
a sovereign state. And it proceeds, then, to hold a so-called peace 
conference where it threatens to use lethal force against that 
sovereign state if they don't accept the deal. The two parties are not 
even interested in an agreement. They still want to fight. They have 
been fighting in that region of the world for centuries. So we jam an 
agreement down their throats. And here come U.S. forces, again in 
harm's way, with no approval from Congress.
  Before we send our troops to another dangerous part of the world, 
which this President has been prone to do for a long time, we have a 
sacred responsibility to these men and women to consider the risks. We 
did not fight and win the Cold War so that--as the sole remaining 
superpower--we would get bogged down in parts of the world that the 
vast majority of Americans have never heard of.
  Kosovo is as much a part of Yugoslavia as New Hampshire is of the 
United States. We are dictating, under the threat of American military 
action, the internal policy of the Federal Republic of Yugoslavia. It 
may be a policy that I despise, that I hate, that

[[Page 2831]]

I am upset about. But do we have that right, without an act of war or 
some authorization from Congress? We may not like it. It may be 
horrible. But that alone is not a reason to go to war. Should we go to 
war in Zimbabwe or Ethiopia or some other nation where some other 
problems are occurring that we don't like? Where do you draw the line?
  The administration tells us we must become involved in the internal 
affairs of a sovereign nation to prevent the spread of this conflict 
into neighboring nations, including perhaps NATO members. This is a 
bogey-man argument. It is meant to scare us into resolving the conflict 
with the American military. This argument is false and it obscures the 
real issue of placing troops at risk in an area of the world where were 
we have no real interest to justify direct intervention. Frankly, I am 
tired of it. I am tired of risking American lives when we do not have 
American interests at stake. The precedent we would be setting by 
intervening in Kosovo is far more dangerous to American interests than 
the small risk that this conflict is going to spread somewhere. What 
other troubled Balkan region will we go to next? Montenegro? Macedonia? 
Where do we stop, Mr. President?
  There was a letter to the Washington Post on February 20, written 
from a gentleman by the name of Alex N. Dragnich. He said:

       We are threatening to bomb the Serbs, not because they have 
     invaded a foreign country but because they refuse to accept 
     an agreement which we have crafted, to resolve a domestic 
     conflict inside Yugoslavia and to permit the entrance of NATO 
     troops to enforce it. . . .

  That is what this is about

       More serious [he says] in the long run will be the 
     precedent we would be creating. Our proposed actions would 
     provide the arguments to justify a power or a combination of 
     powers to invade some country in search of justice for a 
     minority or minorities. This could be some Arab states, 
     perhaps in agreement with Russia, or it could be China 
     seeking to take over Taiwan.

  The administration has created a situation where, no matter how the 
negotiations conclude, our military people will likely be placed at 
risk. Let me correct that--they will be placed at risk. The 
recklessness with which this administration treats our men and women in 
uniform is shameful--shameful. We had to fight in the Senate on this 
floor 2 years ago to get the administration to give them a pay raise. 
We fight on this floor to try to get a national missile defense to 
protect our own Nation--and we still cannot get it. If the parties do 
agree to a foreign military presence, then our troops will be committed 
to peace enforcement for more years than the administration is ready to 
admit; a lot more years than this administration has left in office. 
And they will be in great jeopardy from retaliation, not by one side, 
but by both sides. They will be in the middle of a civil war.
  If the Serbs do not agree, then this administration is prepared to 
send our troops into combat against an aggressive nation that is well 
equipped to defend itself from attack. Let there be no doubt, American 
lives will be endangered. This is not Iraq where everything is out in 
the open. There are SAM sites embedded in mountains. The Serbs have the 
capability to shoot down American aircraft. Remember that.
  We all remember the promises made by the administration about Bosnia. 
They said the troops will be out in a year. It was one year, then 
another year, then another; now it is 3 years, with no end in sight, 
and it's cost $10 billion. Most of the time the President didn't even 
fund the operation; he took it out of funds for the troops, he raided 
their equipment modernization accounts to fund it. One of the primary 
reasons given by the administration, justifying the Bosnia 
intervention, was it would stabilize the region--yet today we are about 
to commit American troops to intervening in a new unstable region, 
Kosovo.
  We field an army, not a Salvation Army. Our military is woefully 
underfunded. We need $125 billion over the next 5 years just to recover 
from where this administration has cut us. There are mounting concerns 
about readiness. Should a crisis emerge that truly does endanger 
America's legitimate interests, what happens? By volunteering to send 
forces to Kosovo, the President is again stretching our military too 
thin. The President is not just risking the lives of soldiers sent to 
the region, but also our troops around the world. And for what?
  Later on today we are going to be debating pay increases and 
retirement benefits for our troops. That is a serious need. The 
operations tempo that we require from our troops is a serious concern 
as well. Yet as we try to help on these problems, the administration 
once again overextends our forces. There are troops that have been in 
three or four hot spots in the last 3 years. Some have been in Bosnia, 
some have been in the Persian Gulf, some have been in Haiti, some have 
been in Korea, and there will probably be a fifth one, Kosovo, for some 
people. How much more can we take?
  The administration says the possible troop commitment for peace 
enforcement in Kosovo is only for 4,000 troops. In the military there 
is the three-times rule. Not only do we commit those 4,000 on the 
ground, but 4,000 more are preparing to go and 4,000 are recovering 
from being deployed there. This 4,000-man operation ties up 12,000 
troops. In truth, a four-times rule is probably more realistic, so it 
is more like 16,000.
  We are already facing serious problems in recruiting, spare parts, 
and other results of this high operating tempo. The administration has 
strained the budget of the Defense Department to the limit, and our 
troops are going to be the losers because of it. We simply cannot ask 
our military to do more and more with less. That is what this President 
has continued to do.
  Mr. President, we are 7,000 troops down in recruitment for the U.S. 
Navy. We don't even have enough sailors to man our ships. We are short 
23,000 recruits in the U.S. Army. Spare parts bins are empty in 
military bases all over this country. They cannot repair some 
vehicles-- they are just too old. And yet here is the administration, 
ready to send them into Kosovo.
  In conclusion, throughout the Cold War we fought to protect the 
rights of sovereign nations to conduct themselves according to their 
own laws. We fought World War II over the same thing. In the Gulf War 
we sent American soldiers to war to turn back an unlawful and immoral 
invasion of the sovereign nation of Kuwait. There was much disagreement 
over that policy, but it was an attack of one sovereign nation on 
another. Now, look at what has happened in just 8 years. Today we find 
our commitment to sovereignty turned on its head.
  Let me issue a warning. The KLA, the Kosovo Liberation Army--these 
are not Boy Scouts. Neither is Slobodan Milosevic. This is going to be 
a bloody mess, and we are going to be right in the middle of it. The 
KLA started a war that it cannot finish and now the administration 
wants U.S. pilots to serve as its Air Force. The American people know 
what we are spending in Bosnia--$4 billion a year and growing, now 
adding to that in Kosovo, and at the same time not yet deploying a 
missile defense system for this country which is imperative for the 
security of our own people and our troops wherever they may be in the 
world.
  I applaud the efforts of the Senator from New Hampshire. I certainly 
hope that we will get a chance to talk about this. I look forward to 
having the leaders in Congress stand up and say, What is the policy; 
how many more times are we going to put troops in harm's way, paid for 
by the taxpayers of America, when there is no exit strategy, there is 
no plan, there is no rotation out, there is no temporariness about 
this. It is open-ended.
  I applaud my colleague from New Hampshire, and I hope that the Senate 
will address this before we have a fait accompli, troops on the ground, 
as we have had in Bosnia in an unending mission, with no strategy, no 
plan and no exit.

                         ADDITIONAL COSPONSORS


                                  s. 4

  At the request of Mr. Warner, the name of the Senator from Maine (Ms.

[[Page 2832]]

Collins) was added as a cosponsor of S. 4, a bill to improve pay and 
retirement equity for members of the Armed Forces; and for other 
purposes.
  At the request of Mr. Bunning, his name was added as a cosponsor of 
S. 4, supra.


                                 s. 25

  At the request of Ms. Landrieu, the name of the Senator from Missouri 
(Mr. Bond) was added as a cosponsor of S. 25, a bill to provide Coastal 
Impact Assistance to State and local governments, to amend the Outer 
Continental Shelf Lands Act Amendments of 1978, the Land and Water 
Conservation Fund Act of 1965, the Urban Park and Recreation Recovery 
Act, and the Federal Aid in Wildlife Restoration Act (commonly referred 
to as the Pittman-Robertson Act) to establish a fund to meet the 
outdoor conservation and recreation needs of the American people, and 
for other purposes.


                                 s. 26

  At the request of Mr. McCain, the names of the Senator from New 
Jersey (Mr. Torricelli) and the Senator from Rhode Island (Mr. Reed) 
were added as cosponsors of S. 26, a bill entitled the ``Bipartisan 
Campaign Reform Act of 1999''.


                                 s. 98

  At the request of Mr. McCain, the names of the Senator from Colorado 
(Mr. Campbell) and the Senator from Kentucky (Mr. Bunning) were added 
as cosponsors of S. 98, a bill to authorize appropriations for the 
Surface Transportation Board for fiscal years 1999, 2000, 2001, and 
2002, and for other purposes.


                                 s. 185

  At the request of Mr. Ashcroft, the names of the Senator from Wyoming 
(Mr. Thomas) and the Senator from Maine (Ms. Collins) were added as 
cosponsors of S. 185, a bill to establish a Chief Agricultural 
Negotiator in the Office of the United States Trade Representative.


                                 s. 197

  At the request of Mrs. Boxer, the names of the Senator from 
California (Mrs. Feinstein) and the Senator from Florida (Mr. Graham) 
were added as cosponsors of S. 197, a bill to amend the Outer 
Continental Shelf Lands Act to direct the Secretary of the Interior to 
cease mineral leasing activity on the outer Continental Shelf seaward 
of a coastal State that has declared a moratorium on mineral 
exploration, development, or production activity in State water.


                                 s. 218

  At the request of Mr. Moynihan, the name of the Senator from Nebraska 
(Mr. Hagel) was added as a cosponsor of S. 218, a bill to amend the 
Harmonized Tariff Schedule of the United States to provide for 
equitable duty treatment for certain wool used in making suits.


                                 s. 258

  At the request of Mr. Warner, the name of the Senator from Wisconsin 
(Mr. Feingold) was added as a cosponsor of S. 258, a bill to authorize 
additional rounds of base closures and realignments under the Defense 
Base Closure and Realignment Act of 1990 in 2001 and 2003, and for 
other purposes.


                                 s. 271

  At the request of Mr. Frist, the names of the Senator from Iowa (Mr. 
Grassley) and the Senator from Rhode Island (Mr. Chafee) were added as 
cosponsors of S. 271, a bill to provide for education flexibility 
partnerships.


                                 s. 274

  At the request of Mr. Coverdell, the name of the Senator from 
Michigan (Mr. Abraham) was added as a cosponsor of S. 274, a bill to 
amend the Internal Revenue Code of 1986 to increase the maximum taxable 
income for the 15 percent rate bracket.


                                 s. 279

  At the request of Mr. McCain, the name of the Senator from Kentucky 
(Mr. Bunning) was added as a cosponsor of S. 279, a bill to amend title 
II of the Social Security Act to eliminate the earnings test for 
individuals who have attained retirement age.


                                 s. 280

  At the request of Mr. Frist, the names of the Senator from Iowa (Mr. 
Grassley) and the Senator from Rhode Island (Mr. Chafee) were added as 
cosponsors of S. 280, a bill to provide for education flexibility 
partnerships.


                                 s. 311

  At the request of Mr. Warner, the names of the Senator from Hawaii 
(Mr. Inouye), the Senator from Massachusetts (Mr. Kennedy) and the 
Senator from Wisconsin (Mr. Feingold) were added as cosponsors of S. 
311, a bill to authorize the Disabled Veterans' LIFE Memorial 
Foundation to establish a memorial in the District of Columbia or its 
environs, and for other purposes.


                                 s. 312

  At the request of Mr. Warner, the name of the Senator from Wisconsin 
(Mr. Feingold) was added as a cosponsor of S. 312, a bill to require 
certain entities that operate homeless shelters to identify and provide 
certain counseling to homeless veterans, and for other purposes.


                                 s. 314

  At the request of Mr. Bond, the name of the Senator from Vermont (Mr. 
Leahy) was added as a cosponsor of S. 314, a bill to provide for a loan 
guarantee program to address the Year 2000 computer problems of small 
business concerns, and for other purposes.


                                 s. 315

  At the request of Mr. Ashcroft, the name of the Senator from Wyoming 
(Mr. Thomas) was added as a cosponsor of S. 315, a bill to amend the 
Agricultural Trade Act of 1978 to require the President to report to 
Congress on any selective embargo on agricultural commodities, to 
provide a termination date for the embargo, to provide greater 
assurances for contract sanctity, and for other purposes.


                                 s. 346

  At the request of Mrs. Hutchison, the name of the Senator from North 
Carolina (Mr. Helms) was added as a cosponsor of S. 346, a bill to 
amend title XIX of the Social Security Act to prohibit the recoupment 
of funds recovered by States from one or more tobacco manufacturers.


                                 s. 348

  At the request of Ms. Snowe, the name of the Senator from Maine (Ms. 
Collins) was added as a cosponsor of S. 348, a bill to authorize and 
facilitate a program to enhance training, research and development, 
energy conservation and efficiency, and consumer education in the 
oilheat industry for the benefit of oilheat consumers and the public, 
and for other purposes.


                                 s. 403

  At the request of Mr. Allard, the name of the Senator from Oklahoma 
(Mr. Inhofe) was added as a cosponsor of S. 403, a bill to prohibit 
implementation of ``Know Your Customer'' regulations by the Federal 
banking agencies.


                                 s. 427

  At the request of Mr. Abraham, the names of the Senator from Georgia 
(Mr. Coverdell) and the Senator from Minnesota (Mr. Grams) were added 
as cosponsors of S. 427, a bill to improve congressional deliberation 
on proposed Federal private sector mandates, and for other purposes.


                                 s. 433

  At the request of Mr. Thurmond, the name of the Senator from North 
Carolina (Mr. Helms) was added as a cosponsor of S. 433, a bill to 
amend the Alcoholic Beverage Labeling Act of 1988 to prohibit 
additional statements and representations relating to alcoholic 
beverages and health, and for other purposes.


                       senate joint resolution 7

  At the request of Mr. Hatch, the names of the Senator from New 
Hampshire (Mr. Smith), the Senator from Arizona (Mr. Kyl) and the 
Senator from Nebraska (Mr. Hagel) were added as cosponsors of Senate 
Joint Resolution 7, a joint resolution proposing an amendment to the 
Constitution of the United States to require a balanced budget.


                     senate concurrent resolution 5

  At the request of Mr. Brownback, the names of the Senator from 
Colorado (Mr. Allard), the Senator from Alaska (Mr. Stevens), the 
Senator from Missouri (Mr. Bond), the Senator from Alabama (Mr. 
Shelby), the Senator from Montana (Mr. Baucus), the Senator from Iowa 
(Mr. Harkin), the Senator from Wisconsin (Mr. Kohl), and the Senator 
from California (Mrs.

[[Page 2833]]

Boxer) were added as cosponsors of Senate Concurrent Resolution 5, a 
concurrent resolution expressing congressional opposition to the 
unilateral declaration of a Palestinian state and urging the President 
to assert clearly United States opposition to such a unilateral 
declaration of statehood.


                          senate resolution 26

  At the request of Mr. Murkowski, the name of the Senator from 
Louisiana (Mr. Breaux) was added as a cosponsor of Senate Resolution 
26, a resolution relating to Taiwan's Participation in the World Health 
Organization.


                            amendment no. 6

  At the request of Mr. Cleland, the names of the Senator from New 
Mexico (Mr. Bingaman) and the Senator from Louisiana (Ms. Landrieu) 
were added as cosponsors of amendment No. 6 proposed to S. 4, a bill to 
improve pay and retirement equity for members of the Armed Forces; and 
for other purposes.

                          ____________________