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(a) IN GENERAL.--Amounts transferred to the Secretary of the Interior and the Secretary of Agriculture under section 5(b)(6) of
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(b) ALLOCATION.--Amounts referred to in subsection (a) year shall be allocated and available as follows:
(1) DEPARTMENT OF THE INTERIOR.--60 percent shall be allocated and available to the Secretary of the Interior to carry out the purpose of this title on lands within the National Park System, lands within the National Wildlife Refuge System, and public lands administered by the Bureau of Land Management.
(2) DEPARTMENT OF AGRICULTURE.--30 percent shall be allocated and 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 allocated and available to the Secretary of the Interior for competitive grants to qualified Indian tribes under section 603(b).
SEC. 603. AUTHORIZED USES OF TRANSFERRED AMOUNTS.
(a) IN GENERAL.--Funds made available to carry out 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, giving 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.
(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 available for that fiscal year for grants under this subsection.
(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. 604. 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 o f 1994 (25 U.S.C. 479a-1).
TITLE VII--CONSERVATION E ASEMENTS AND ENDANGERED AND THREATENED SPECIES RECOVERY
Subtitle A--Conservation E asements
SEC. 701. PURPOSE.
The purpose of this subtitle is to provide a dedicated source of funding to the Secretary of the Interior for programs to provide matching grants to certain eligible entities to facilitate the purchase of permanent conservation e asements in order to--
(1) protect the ability of these lands to maintain their traditional uses; and
(2) prevent the loss of their value to the public because of development that is inconsistent with their traditional uses.
SEC. 702. TREATMENT OF AMOUNTS TRANSFERRED FROM CONSERVATION A ND REINVESTMENT A CT F UND.
Amounts transferred to the Secretary of the Interior under section 5(b)(7)(A) in a fiscal year shall be available to the Secretary of the Interior without further appropriation, in that fiscal year, to carry out this subtitle.
SEC. 703. AUTHORIZED USES OF TRANSFERRED AMOUNTS.
The Secretary of the Interior may use the amounts available under section 702 for the Conservation E asement Program established by section 704.
SEC. 704. CONSERVATION E ASEMENT PROGRAM.
(a) GRANTS AUTHORIZED; PURPOSE.--The Secretary the Interior shall establish and carry out a program, to be known as the ``Conservation E asement 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 e asements in land with prime, unique, or other productive uses.
(b) FEDERAL SHARE.--The Federal share of the cost of purchasing a conservation e asement 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 any of the following:
(1) An agency of a State or local government.
(2) A federally recognized Indian tribe.
(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 p urposes 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 e asement described in subsection (a) and enforce the conservation r equirements 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 e asement is to be purchased using the grant funds shall certify that the conservation e asement to be purchased is in a form that is sufficient, under the laws of the State, to achieve the conservation p urpose of the Conservation E asement Program and the terms and conditions of the grant.
(f) CONSERVATION P LAN.--Any land for which a conservation e asement is purchased under this section shall be subject to the requirements of a conservation p lan to the extent that the plan does not negate or adversely affect the restrictions contained in the easement.
(g) 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.
Subtitle B--Endangered and Threatened Species Recovery
SEC. 711. PURPOSES.
The purposes of this subtitle are the following:
(1) To provide a dedicated source of funding to the United States 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. 712. TREATMENT OF AMOUNTS TRANSFERRED FROM CONSERVATION A ND REINVESTMENT A CT F UND.
Amounts transferred to the Secretary of the Interior under section 5(b)(7)(B) of this Act i n a fiscal year shall be available to the Secretary of the Interior without further appropriation, in that fiscal year, to carry out this subtitle.
SEC. 713. ENDANGERED AND THREATENED SPECIES RECOVERY ASSISTANCE.
(a) FINANCIAL ASSISTANCE.--The Secretary may use amounts made available under section 712 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 714.
(b) PRIORITY.--In providing assistance under this section, the Secretary shall give priority to the development and implementation of species recovery agreements that--
(1) implement actions identified under recovery plans approved by the Secretary under section 4(f) of the Endangered Species Act o f 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 section 10(a)(1)(B) of the Endangered Species Act o f 1973 (16 U.S.C. 1539(a)(1)(B)) or an incidental take statement issued under section 7 of that Act ( 16 U.S.C. 1536), or that is otherwise required under that Act o r 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 r eserve program established under subchapter B of chapter 1 of subtitle D of title XII of the Food Security Act o f 1985 (16 U.S.C. 3831 and following), the wetlands reserve program established under subchapter C of that chapter (16 U.S.C. 3837 and following), or the Wildlife Habitat Incentives Program established under section 387 of the Federal Agriculture Improvement and Reform Act o f 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
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SEC. 714. ENDANGERED AND THREATENED SPECIES RECOVERY AGREEMENTS.
(a) IN GENERAL.--The Secretary may enter into Endangered and Threatened Species Recovery Agreements for purposes of this subtitle in accordance with this section.
(b) REQUIRED TERMS.--The Secretary shall include in each species recovery agreement provisions that--
(1) require the person--
(A) to carry out on real property owned or leased by the person activities not otherwise required by law that contribute to the recovery of an endangered or threatened species;
(B) to refrain from carrying out on real property owned or leased by the person otherwise lawful activities that would inhibit the recovery of an endangered or threatened species; or
(C) to do any combination of subparagraphs (A) and (B);
(2) describe the real property referred to in paragraph (1)(A) and (B) (as applicable);
(3) specify species recovery goals for the agreement, and measures for attaining such goals;
(4) require the person to make measurable progress each year in achieving those goals, including a schedule for implementation of the agreement;
(5) specify actions to be taken by the Secretary or the person (or both) to monitor the effectiveness of the agreement in attaining those recovery goals;
(6) require the person to notify the Secretary if--
(A) any right or obligation of the person under the agreement is assigned to any other person; or
(B) any term of the agreement is breached by the person or any other person to whom is assigned a right or obligation of the person under the agreement;
(7) specify the date on which the agreement takes effect and the period of time during which the agreement shall remain in effect;
(8) provide that the agreement shall not be in effect on and after any date on which the Secretary publishes a certification by the Secretary that the person has not complied with the agreement; and
(9) allocate financial assistance provided under this subtitle 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 subtitle to implement the agreement as the Secretary determines is appropriate under the terms of the agreement.
SEC. 715. DEFINITIONS.
In this subtitle:
(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 o f 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) 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 o f 1973 (16 U.S.C. 1532).
(4) SMALL LANDOWNER.--The term ``small landowner'' means an individual who owns 50 acres or fewer of land.
(5) SPECIES RECOVERY AGREEMENT.--The term ``species recovery agreement'' means an Endangered and Threatened Species Recovery Agreement entered into by the Secretary under section 714.
.Mr. MURKOWSKI. Mr. President. I rise today with my colleagues from Louisiana, Mississippi and California to introduce the Conservation a nd Reinvestment A ct o f 2000. This legislation remedies a tremendous inequity in the distribution of revenues generated by offshore oil and gas production from the Federal Outer Continental Shelf (OCS). It directs that a portion of those moneys be allocated to coastal States and communities who shoulder the responsibility for energy development off their coastlines. It also provides secure funding for a number of conservation p rograms.
This bill is similar to S. 25 which I cosponsored a little more than a year ago with Senators LANDRIEU and LOTT, along with a number of other Senators from both sides of the aisle. S. 25 and other proposals to spend OCS revenues are pending before the Senate Energy and Natural Resources Committee and a series of legislative hearings were held on these bills in the first session. The Committee continues to strive to reach an agreement on legislation which can be reported favorably to the floor.
Today, I am cosponsoring this bill in an effort to continue to move the process forward in the Senate. This bill is identical to the bipartisan bill reported by the House Resources Committee and which presently has 302 sponsors. At the same time, the Administration has proposed its Lands Legacy Initiative which would provide $1.4 billion annually in dedicated funding for a number of the programs funded in this bill. Given the Administration's action and anticipated passage by the House of Representatives of OCS legislation, I believe it is crucial that the Senate pass its own OCS bill.
This bill is not perfect and I have serious reservations about some of the provisions in Title 1. Title 1 provides $1 billion a year to coastal States and communities to mitigate the impacts of OCS activities off their shores. Offshore oil and gas production generates $3 to $4 billion in revenues annually for the U.S. Treasury. Yet, unlike mineral receipts from onshore Federal lands, very little of OCS oil and gas revenues are shared with coastal States. This bill remedies that disparity.
As Americans confront increasing oil and gas prices caused by this nation's reliance on foreign petroleum products, we should all recognize the importance of the OCS to this nation's energy independence. According to the Energy Information Administration, the OCS accounts for 27 to 28 percent of total U.S. oil and gas production. This production is authorized to occur off the coast of six States: parts of Alaska, parts of California; Texas, Mississippi, Alabama; and Louisiana. All Americans benefit from OCS production yet the States which produce this oil and gas off their coasts bear the burden.
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