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STATEMENTS ON INTRODUCTED BILLS AND JOINT RESOLUTIONS -- (Senate - March 06, 2000)

``(7) No funds under this subsection shall be made available to a Coastal State until the Secretary of Commerce has affirmatively found that all uses proposed by a Coastal

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State are consistent with the purposes and requirements of this subsection.

   ``(d) COOPERATIVE ENFORCEMENT USES.--(1) The Governor of a State represented on an Interstate Fisheries Commission may apply to the Secretary of Commerce for execution of a cooperative enforcement agreement with the Secretary of Commerce. Cooperative agreements between the Secretary of Commerce and such States shall authorize the deputization of State law enforcement officers with marine law enforcement responsibilities, to perform duties of the Secretary of Commerce relating to any law enforcement provision of any marine resource laws enforced by the Secretary of Commerce, including the National Marine Sanctuaries Act. Such cooperative enforcement agreements shall be consistent with the purposes and intent of section 311(a) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1861(a)), to the extent applicable to the regulated activities, and may include specifications for joint management responsibilities as provided by section 1 of Public Law 91-412 (15 U.S.C. 1525).

   ``(2) Upon receiving an application meeting the requirements of this subsection, the Secretary of Commerce shall enter into the cooperative enforcement agreement with the requesting State.

   ``(3) Consistent with the fund amounts contained in subsection (b)(2), The Secretary of Commerce shall include in each cooperative enforcement agreement an allocation of funds to assist in management of the agreement. The allocation shall be equitably distributed among all States participating in cooperative enforcement agreements under this subsection, based upon consideration of the specific marine conservation enforcement needs of each participating State. Such agreement may provide for amounts to be withheld by the Secretary of Commerce for the cost of any technical or other assistance provided to the State by the Secretary of Commerce under the agreement.

   ``(e) COOPERATIVE RESEARCH AND MANAGEMENT USES.--The Governor of any State represented on an Interstate Marine Fishery Commission may apply to the Secretary of Commerce for the execution of a research and management agreement, on a sole source basis, for the purpose of undertaking eligible projects required for the effective management of living marine resources of the United States. Upon determining that the application meets the requirements of this subsection, the Secretary of Commerce shall enter into such agreement. Such agreement may provide for amounts to be withheld by the Secretary of Commerce for the cost of any technical or other assistance provided to the State by the Secretary of Commerce under the agreement.

   ``(2) The Secretary of Commerce shall allocate to States participating in a research and management agreement under this subsection funds to assist in implementing the agreement, consistent with the amounts available under subsection (b)(3).

   ``(3) For purposes of this subsection, eligible projects are those which address critical needs identified in fishery management reports or plans developed and approved by a State, Marine Fisheries Commission, Regional Fishery Management Council, or other regional or tribal entity, charged with management and conservation of living marine resources, and that pertain to--

   ``(A) the collection and analysis of fishery data and information, including data on landings, fishing effort, biology, habitat, economics and social changes, including those information needs identified pursuant to section 401 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1881); or

   ``(B) the development of measures to promote innovative or cooperative management of fisheries.

   ``(4) In making funds available under this subsection, the Secretary of Commerce shall give priority to eligible projects that meet any of the following criteria:

   ``(A) establishment of observer programs;

   ``(B) cooperative research projects developed among States, academic institutions, and the fishing industry, to obtain data or other information necessary to meet national or regional management priorities;

   ``(C) projects to reduce harvesting capacity performed in a manner consistent with section 312(b) of the Magnuson-Stevens Fishery and Conservation Act (16 U.S.C. 1862(b));

   ``(D) projects designed to identify ecosystem impacts of fishing, including the relationship between fishing harvest and marine mammal population abundance; and

   ``(E) projects for the identification, conservation or restoration of fish habitat.

   ``(5) Within 90 days of enactment of this Act, the Secretary of Commerce shall adopt procedures necessary to implement this section.

   ``(f) CORAL REEF PROTECTION.--The Secretary of Commerce shall use amounts provided in subsection (b)(4) for the conservation and protection of coral reefs.

   ``(g) ANNUAL ACCOUNTING.--Not later than June 15 of each year, each Coastal State receiving moneys from the fund shall account for all moneys so received for the previous fiscal year in a written report to the Secretary of Commerce. This report shall include a description of all projects and activities receiving funds under this section.

   ``(h) CONGRESSIONAL APPROVAL.--The Secretary of Commerce shall transmit, as part of the annual budget proposal, a priority list for allocations to Coastal States under subsection (c)(1)(C), and subsections (d), (e), and (f). Monies shall be made available from the fund 15 days after the sine die adjournment of the Congress each year, without further appropriation, for the projects identified on the priority list, unless prior to such date, legislation is enacted establishing a different priority list. If Congress enacts legislation establishing an alternate priority list, and such priority list funds less than the annual authorized funding amount identified in subsections (c)(3), (d), (e), or (f), the difference between the authorized funding amount and the alternate priority list shall be available for expenditure, without further appropriation, in accordance with the priority list submitted by the Secretary.

   ``SEC. 32. COASTAL IMPACT ASSISTANCE .

   ``(a) DEFINITIONS.--In this section:

   ``(1) DISTANCE.--The term ``distance'' means minimum great circle distance, measured in statute miles; and

   ``(2) PRODUCING COASTAL STATE.--The term ``Producing Coastal State'' means a Coastal State, any portion of which lies within a distance of 200 miles from the geographic center of any leased tract having an approved plan of development, and which leased tract, as of January 1, 1999, was not covered by a moratorium on leasing, unless the lease was issued prior to the establishment of the moratorium and was in production on January 1, 1999.

   ``(b) ESTABLISHMENT OF FUND.--(1) There is established in the Treasury of the United States a fund which shall be known as the ``Outer Continental Shelf Impact Assistance Fund'' (in this section referred to as the ``fund''). There shall be deposited into the fund in fiscal year 2000 and each fiscal year thereafter $100,000,000 from qualified Outer Continental Shelf revenues for each leased tract or portion of a leased tract lying seaward of the zone defined and governed by section 8(g), or lying within that zone but to which section 8(g) does not apply. Such moneys shall be used only to carry out the purposes of this section.

   ``(2) Of the amounts in the fund, $100,000,000 shall be available each fiscal year for obligation or expenditure in accordance with this section. Such funds shall be made available to the Secretary without further appropriation, subject to the requirements of this section, and shall remain available until expended.

   ``(c) PAYMENT TO PRODUCING COASTAL STATES.--

   ``(1) Notwithstanding section 9, the Secretary shall, without further appropriation, make payments in each fiscal year to Producing Coastal States equal to the amount deposited in the fund for the prior fiscal year.

   ``(2) Such payments shall be allocated among the Producing Coastal States as follows:

   ``(A) 25 percent of the funds shall be allocated based on the ratio of the shoreline miles of the Producing Coastal State to the shoreline miles of all Producing Coastal States;

   ``(B) 25 percent of the funds shall be allocated based on the ratio of the coastal population of the Producing Coastal State to the coastal population of all Producing Coastal States;

   ``(C) 50 percent of the funds shall be allocated based upon the Outer Continental Shelf oil and gas production offshore of such Producing Coastal State. The allocation shall only include qualified Outer Continental Shelf revenues from any leased tract the geographic center of which lies within a distance of 200 miles from any portion of such Producing Coastal State, but shall not include revenues from any leased tract or portion of a leased tract which, as of January 1, 1999, was covered by a moratorium on leasing, unless the lease was issued prior to the establishment of the moratorium and was in production on January 1, 1999. Each Producing Coastal State's allocable share shall be inversely proportional to the distance between the nearest port on the coastline of such Producing Coastal State and the geographic center of each leased tract or portion of the leased tract as determined by the Secretary.

   ``(e) MINIMUM STATE SHARE.--The allocable share of revenues for each Producing Coastal State shall not be less than $2,000,000.

   ``(f) USES.--Producing Coastal States shall use moneys received from the fund only to mitigate adverse environmental impacts directly attributable to the development of oil and gas resources of the Outer Continental Shelf.

   ``(g) STATE PLANS AND ANNUAL REPORT.--(1) Prior to the receipt of funds pursuant to this section in any fiscal year, a Producing Coastal State shall submit to the Secretary a plan for the use of such moneys. The plan shall be developed with public participation and in accordance with all applicable State and Federal laws. The Secretary shall make payments from the fund only upon determining, in consultation with the Secretary of Commerce, that the State plan ensures that the Producing Coastal State will use its allocated funds in a manner that is consistent with the purposes of this section.

   ``(2) No later than June 15 of each year, each Producing Coastal State receiving money from this fund shall account for all moneys so received for the previous fiscal year in a written report to the Secretary and the Secretary of Commerce. The report shall include a description of all projects and activities receiving funds under this section.''.

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TITLE III--WILDLIFE CONSERVATION AND RESTORATION

   SEC. 301. SHORT TITLE

   This title may be cited as the ``Wildlife Conservation and Restoration Act of 2000''.

   SEC. 302. FINDINGS.

   The Congress finds and declares that--

   (1) a diverse array of species of fish and wildlife is of significant value to the Nation for many reasons: aesthetic, ecological, educational, cultural, recreational, economic, and scientific;

   (2) the United States should retain for present and future generations the opportunity to observe, understand, and appreciate a wide variety of wildlife;

   (3) millions of citizens participate in outdoor recreation through hunting, fishing, and wildlife observation, all of which have significant value to the citizens who engage in these activities;

   (4) providing sufficient and properly maintained wildlife associated recreational opportunities is important to enhancing public appreciation of a diversity of wildlife and the habitats upon which they depend;

   (5) lands and waters which contain species neither classified as game nor identified as endangered or threatened can provide opportunities for wildlife associated recreation and education such as hunting and fishing permitted by applicable State or Federal law;

   (6) hunters and anglers have for more than 60 years willingly paid user fees in the form of Federal excise taxes on hunting and fishing equipment to support wildlife diversity and abundance, through enactment of the Federal Aid in Wildlife Restoration Act (16 U.S.C. 1669 et seq.; commonly referred to as the Pittman-Robertson Act), and the Federal Aid in Sport Fish Restoration Act (16 U.S.C. 777 et seq.; commonly referred to as the Dingell-Johnson Act);

   (7) State programs, adequately funded to conserve a broader array of wildlife in an individual State and conducted in coordination with Federal, State, tribal, and private landowners and interested organizations, would continue to serve as a vital link in a nationwide effort to restore game and nongame wildlife, and the essential elements of such programs should include conservation measures which manage for a diverse variety of populations of wildlife; and

   (8) cooperative conservation efforts aimed at preventing species from becoming endangered will significantly benefit private landowners and other citizens by responding to early warning signs of decline in a flexible, incentive-based manner that minimizes the social and economic costs often associated with listing species as threatened or endangered; and

   (9) it is proper for Congress to bolster and extend this highly successful program to aid game and nongame wildlife in supporting the health and diversity of habitat, as well as providing funds for conservation education.

   SEC. 303. PURPOSES.

   The purposes of this title are--

   (1) to extend financial and technical assistance to the States under the Federal Aid in Wildlife Restoration Act for the benefit of a diverse array of wildlife and associated habitats, including species that are not hunted or fished, to fulfill unmet needs of wildlife within the States while recognizing the mandate of the States to conserve all wildlife;

   (2) to assure sound conservation policies through the development, revision and implementation of wildlife associated recreation and wildlife associated education and wildlife conservation law enforcement;

   (3) to encourage State fish and wildlife agencies to create partnerships between the Federal Government, other State agencies, wildlife conservation organizations, and outdoor recreation and conservation interests through cooperative planning and implementation of this title; and

   (4) to encourage State fish and wildlife agencies to provide for public involvement in the process of development and implementation of a wildlife conservation and restoration program.

   SEC. 304. DEFINITIONS.

   (a) REFERENCE TO LAW.--The term ``Federal Aid in Wildlife Restoration Act'' means the Act of September 2, 1937 (16 U.S.C. 669 et seq.), commonly referred to as the Federal Aid in Wildlife Restoration Act or Pittman-Robertson Act.

   (b) WILDLIFE CONSERVATION AND RESTORATION PROGRAM.--Section 2 of the Federal Aid in Wildlife Restoration Act (16 U.S.C. 669a) is amended by inserting after ``shall be construed'' the first place it appears the following: ``to include the wildlife conservation and restoration program and''.

   (c) STATE AGENCIES.--Section 2 of the Federal Aid in Wildlife Restoration Act (16 U.S.C. 669a) is further amended by inserting ``or State fish and wildlife department'' after ``State fish and game department''.

   (d) CONSERVATION.--Section 2 of the Federal Aid in Wildlife Restoration Act (16 U.S.C. 669a) is further amended by striking the period at the end thereof, substituting a semicolon, and adding the following: ``the term `conservation' shall be construed to mean the use of methods and procedures necessary or desirable to sustain healthy populations of wildlife including all activities associated with scientific resources management such as research, census, monitoring of populations, acquisition, improvement and management of habitat, live trapping and transplantation, wildlife damage management, and periodic or total protection of a species or population as well as the taking of individuals within wildlife stock or population if permitted by applicable State and Federal law; the term `wildlife conservation and restoration program' shall be construed to mean a program developed by a State fish and wildlife department that the Secretary determines meets the criteria in section 6(d), the projects that constitute such a program, which may be implemented in whole or part through grants and contracts by a State to other State, Federal, or local agencies wildlife conservation organizations and outdoor recreation and conservation education entities from funds apportioned under this title, and maintenance of such projects; the term `wildlife' shall be construed to mean any species of wild, free-ranging fauna including fish, and also fauna in captive breeding programs the object of which is to reintroduce individuals of a depleted indigenous species into previously occupied range; the term `wildlife-associated recreation' shall be construed to mean projects intended to meet the demand for outdoor activities associated with wildlife including, but not limited to, hunting and fishing, such projects as construction or restoration of wildlife viewing areas, observation towers, blinds, platforms, land and water trails, water access, trailheads, and access for such projects; and the term `wildlife conservation education' shall be construed to mean projects, including public outreach, intended to foster responsible natural resource stewardship.''.

   (e) FUNDING.--Subsection 3(a) of the Federal Aid in Wildlife Restoration Act (16 U.S.C. 669b(a)) is amended in the first sentence--

   (1) by inserting at the beginning thereof the following: ``There shall be deposited into the Federal Aid in Wildlife Restoration Fund (referred to as the ``fund'') in the Treasury: (1)''; and

   (2) by striking ``shall,'';

   (3) by inserting after ``Internal Revenue Code of 1954'' the following: ``; and (2) $350,000,000 in fiscal year 2001 and each fiscal year thereafter from qualified Outer Continental Shelf revenues (as that term is defined in section 2(u) of the Outer Continental Shelf Land Act (43 U.S.C. 1331(u)) (as amended by the Coastal Stewardship Act of 2000)).''; and

   (4) by striking ``be covered into'' and all that follows through ``is authorized'' and inserting ``Moneys in the fund are authorized''.

   SEC. 305. SUBACCOUNTS.


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