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(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.
It is in the long-term best interest of this country to support responsible and sustainable development of nonrenewable resources. We now import more than 55 percent of our domestic petroleum requirements and it is predicted that America will be at least 65 percent dependent on foreign energy sources by 2020. OCS development will play an important role in offsetting even greater dependence on foreign energy.
I do, however, have concerns about some of the provisions in Title 1. Title 1 places unreasonable restrictions on the use of coastal impact assistance funds by States and local governments. Like onshore mineral revenue sharing payments, the decision as to how to spend this money should be made by State and local government officials after a public process. There is no need for the Federal government to mandate that these funds be used for only certain, specific programs. Coastal impact assistance funds are just that--funds coastal States can use to offset the unavoidable impacts of OCS development. These impacts can range from shoreline erosion to the need for new schools to educate the children of oil and gas workers. And, these impacts can vary from year-to-year. It is important that the Federal government give States the flexibility they need to determine their needs and for Washington not to mandate a one-size fits all solution.
I also am concerned that Title 1 allows coastal States--without any OCS production--to receive more coastal impact assistance funds than States with OCS production. We cannot forget where this money comes from: it is generated by OCS oil and gas development. Nor can we forget the purpose of sharing these revenues with coastal
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development to benefit at the expense of States off whose shores development occurs. This provision must be added to this bill.
I do want to note a few other provisions in this bill which I believe are critical. Title 2 provides $900 million a year for the Land and Water Conservation F und (LWCF). These LWCF monies are split between Federal land acquisition and the state-side LWCF matching grant program. As to the Federal land acquisition funds, a number of sensible limitations are placed on the expenditure of this money to ensure that Federal funds are spent to address Americans' concerns about the loss of private property in many States.
Each year the Administration must submit a list to Congress of each tract of land it proposes to acquire with LWCF monies and Congress must specifically approve each project through the appropriations process. Within 30 days of the submission of this list, Congressional representatives, the Governors and local government officials must be notified of relevant purchase requests. At the same time, the local public must be notified in a newspaper that is widely distributed in the area in which the proposed acquisition is to take place.
The Administration must seek to consolidate Federal land holdings in States with checkerboard Federal land ownership patterns. It also must seek to use exchanges and conservation e asements as an alternative to fee title acquisition. If the Administration identifies tracts from non-willing sellers, it must notify Congress and, unless specifically authorized by Congress, the bill prohibits adverse condemnation. The Administration must identify to Congress its authority to carry out Federal acquisitions. No purchases can occur until all actions under Federal law are completed and a copy of the final NEPA document must be sent to Congress and the Governor and local government officials must be notified that the NEPA document is available.
The bill has a number of other provisions of interest to Westerners where the vast majority of Federal land is located. The bill requires just compensation for the taking of private property and protects State water rights. It provides $200 million annually for the maintenance of Federal lands managed by the Department of the Interior or the Forest Service. It also provides up to $200 million in additional funding for the Payment in-lieu-of Taxes and Refugee Revenue Sharing programs. The bill provides the necessary funds to reduce the $10 billion backlog of willing sellers located within the boundaries of Federal land management units. Finally, the bill restricts the Federal government's regulatory ability over private lands.
This bill is not perfect but it does reflect a bipartisan consensus. It provides a starting point for Senate discussions of conflicting OCS revenue-sharing proposals. With the anticipated action of the House and the Administration's Lands Legacy Initiative, it is imperative that the Senate put forth its own proposal to distribute OCS revenues. I remain committed to working with all Senators on such a proposal.
By Mr. LAUTENBERG (for himself, Mr. LUGAR, Mr. DURBIN, and Mr. L. CHAFEE):
S. 2125. A bill to provide for the disclosure of certain information relating to tobacco products and to prescribe labels for packages and advertising of tobacco products; to the Committee on Commerce, Science, and Transportation.
SMOKER'S RIGHT TO KNOW AND TRUTH IN TOBACCO LABELING ACT < ul>
Mr. LAUTENBERG. Mr. President, today I introduce the Smoker's Right to Know and Truth in Tobacco Labeling Act. I am joined by my colleagues, Senator LUGAR, Senator DURBIN, and Senator CHAFEE.
Mr. President, the Smoker's Right to Know and Truth in Tobacco Labeling Act h as two common-sense objectives.
First, the bill will require tobacco manufacturers to disclose the ingredients of their products to the public--including toxic and cancer-causing ingredients.
Second, our bill will replace the small health warnings on the side of a cigarette pack with larger warnings on the front and back that are simple and direct: ``Cigarettes Cause Cancer.'' ``Cigarettes are Addictive.'' ``Smoking Can Kill You.''
Of the hundreds of products for sale in America that go into the human body, tobacco products are the only ones--the only ones--for which manufacturers do not have to disclose ingredients. Even Coca-Cola, with a proud tradition of keeping its formula secret, has to list Coke's ingredients on every can.
Mr. President, manufacturers of every food product and every over-the- counter drug disclose their contents. Cigarette manufacturers do not. Yet, of any consumable product for sale in the United States, cigarettes are by far the most deadly.
One in three smokers will die from a smoking-related disease. That is more than 400,000 Americans every year. We should disclose information on cigarette ingredients to the public and provide realistic warnings about the health risks cigarettes cause.
Mr. President, how much do smokers really know about the chemicals they are inhaling with every puff of cigarette smoke? When a smoker lights a cigarette, the burning ingredients create other chemicals. Some of these are carcinogenic.
A Surgeon General's report in 1989 reported that cigarettes contain 43 carcinogens. Forty-three. The public has a right to know.
Do most smokers realize that one of these chemicals is arsenic? Yes, arsenic. I do not think most smokers know that.
Our bill will disclose that, as well as the other chemical carcinogens in cigarette smoke.
Mr. President, with all these known dangers about smoking, we should not hide the health warning labels in small type on the side of a cigarette pack. Other countries, such as Canada, Australia and Thailand, put large labels on the front of each pack. The United States should provide equal protection to consumers. The warnings should be stark, clear, and easily seen.
When cigarettes get in the hands of children, and with 3,000 children becoming regular smokers every day, we have a duty to give them the facts: ``Cigarettes Cause Cancer.'' ``Smoking is Addictive.'' ``Smoking Can Kill You.''
That is a lot more graphic and descriptive than the small print that appears today. Large and forthright warnings are more likely to be seen, read, understood, and recalled. More children--and adults--will get the message, and put down the pack rather than lighting up.
In a recent study of Canadian cigarette pack messages--similar to those required by this legislation--half of all smokers who were smoking less, or trying to quit, cited cigarette pack messages as contributing to their decisions. Larger, bolder warnings can make a difference.
Mr. President, the 106th Congress should enact this legislation. This is a bipartisan bill, and I want to thank my cosponsors, Senators LUGAR, DURBIN and CHAFEE for joining me in this effort. In the coming weeks, I expect that this bill will attract more cosponsors from both sides of the aisle.
Mr. President, I ask that the text of this bill be printed in the RECORD.
The bill follows:
Be it enacted by the Senate and House of Representa tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act m ay be cited as the ``Smoker's Right to Know and Truth in Tobacco Labeling Act''.< p> SEC. 2. DEFINITIONS.
In this Act:< p> (1) ADVERTISEMENT.--The term ``advertisement'' means all newspapers and magazine advertisements and advertising inserts, billboards, posters, signs, decals, banners, matchbook advertising, point-of-purchase display material and all other written or other material used for promoting the sale or consumption of tobacco products to consumers, and advertising at an Internet site.
(2) BRAND.--The term ``brand'' means a variety of tobacco products distinguished by the tobacco used, tar and nicotine content, flavoring used, size of the tobacco product, filtration, or packaging.
(3) BRAND STYLE.--The term ``brand style'' means a variety of cigarettes distinguished by the tobacco used, tar and nicotine content, flavoring used, size of the cigarette, filtration on the cigarette, or packaging.
(4) CARCINOGEN.--The term ``carcinogen'' means any agent that is determined to be tumorigenic according to the National Toxicology Program or the International Agency
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