114 STAT. 744 PUBLIC LAW 106-263—AUG. 18, 2000 water and water rights and related interests to assist the conservation and recovery of any native plant or animal species described in subsection (a). (c) REQUIREMENTS. —Acquisition of the water rights and related interests pursuant to this section shall be subject to the following requirements: (1) Water rights acquired must satisfy eligibility criteria adopted by the Secretary. (2) Water right purchases shall be only from willing sellers, but the Secretary may target purchases in areas deemed by the Secretary to be most beneficial to the water rights acquisition program established by this section. (3) All water rights shall be transferred and administered in accordance with any applicable State law. (d) HABITAT PROPERTY. —The Secretary is authorized to acquire, hold, and transfer habitat property to assist the conservation and recovery of any native plant or animal species described in section 10(a). Acquisition of habitat property pursuant to this section shall be subject to the following requirements: (1) Habitat property acquired must satisfy eligibility criteria adopted by the Secretary. (2) Habitat property purchases shall be only from willing sellers, but the Secretary may target purchases in areas deemed by the Secretary to be most beneficial to the habitat acquisition program established by this section. (e) CONTRACT. —The Secretary is authorized to administer the water rights and habitat acquisition program by contract or agreement with a non-Federal entity which the Secretary determines to be qualified to administer such program. The water rights and habitat acquisition program shall be administered pursuant to the Virgin River Resource Management and Recovery Program. (f) AUTHORIZATION. — There is authorized to be appropriated from the Land and Water Conservation Fund for fiscal years prior to the fiscal year 2004, a total of $3,000,000 for the water rights and habitat acquisition program authorized in this section. The Secretary is authorized to deposit and maintain this appropriation in an interest bearing account, said interest to be used for the purposes of this section. The funds authorized to be appropriated by this section shall not be in lieu of or supersede any other commitments by Federal, State, or local agencies. The funds appropriated pursuant to this section shall be available until expended, and shall not be expended for the purpose set forth in subsection (a)(2) until the Secretary has evaluated the effectiveness of the instream flow required and provided by the Santa Clara Project Agreement, and has assured that the appropriations authorized in this section are first made available for the purpose set forth in subsection (a)(1). SEC. 11. SHIVWITS BAND TRUST FUND. (a) ESTABLISHMENT OF TRUST FUND.—There is established in the Treasury of the United States a fund to be known as the "Shivwits Band Trust Fund" (hereinafter called the "Trust Fund"). The Secretary shall deposit into the Trust Fund the funds authorized to be appropriated in subsections (b) and (c). Except as otherwise provided in this Act, the Trust Fund principal and any income accruing thereon shall be managed in accordance with the American
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