79–006

106TH CONGRESS REPT. 106–499 " ! HOUSE OF REPRESENTATIVES 2d Session Part 1

CONSERVATION AND REINVESTMENT ACT OF 1999

FEBRUARY 16, 2000.—Ordered to be printed

Mr. YOUNG of Alaska, from the Committee on Resources,

submitted the following

R E P O R T

together with

DISSENTING VIEWS

[To accompany H.R. 701]

[Including cost estimate of the Congressional Budget Office]

The Committee on Resources, to whom was referred the bill

(H.R. 701) to provide Outer Continental Shelf Impact Assistance to

State and local governments, to amend the Land and Water Conservation Fund Act of 1965, the Urban Park and Recreation Recovery Act of 1978, 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, having considered the

same, reports favorably thereon with an amendment and recommends that the bill as amended do pass.

The amendment is as follows:

Strike out all after the enacting clause and insert in lieu thereof

the following:

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘Conservation and Reinvestment Act of 1999’’.

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. Definitions.

Sec. 4. Annual reports.

Sec. 5. Conservation and Reinvestment Act Fund.

Sec. 6. Limitation on use of available amounts for administration.

Sec. 7. Budgetary treatment of receipts and disbursements.

Sec. 8. Recordkeeping requirements.

Sec. 9. Maintenance of effort and matching funding.

Sec. 10. Sunset.
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Sec. 11. Protection of private property rights.

Sec. 12. Signs.

TITLE I—IMPACT ASSISTANCE AND COASTAL CONSERVATION

Sec. 101. Impact assistance formula and payments.

Sec. 102. Coastal State conservation and impact assistance plans.

TITLE II—LAND AND WATER CONSERVATION FUND REVITALIZATION

Sec. 201. Amendment of Land and Water Conservation Fund Act of 1965.

Sec. 202. Extension of fund; treatment of amounts transferred from Conservation and Reinvestment Act Fund.

Sec. 203. Availability of amounts.

Sec. 204. Allocation of Fund.

Sec. 205. Use of Federal portion.

Sec. 206. Allocation of amounts available for State purposes.

Sec. 207. State planning.

Sec. 208. Assistance to States for other projects.

Sec. 209. Conversion of property to other use.

Sec. 210. Water rights.

TITLE III—WILDLIFE CONSERVATION AND RESTORATION

Sec. 301. Purposes.

Sec. 302. Definitions.

Sec. 303. Treatment of amounts transferred from Conservation and Reinvestment Act Fund.

Sec. 304. Apportionment of amounts transferred from Conservation and Reinvestment Act Fund.

Sec. 305. Education.

Sec. 306. Prohibition against diversion.

TITLE IV—URBAN PARK AND RECREATION RECOVERY PROGRAM AMENDMENTS

Sec. 401. Amendment of Urban Park and Recreation Recovery Act of 1978.

Sec. 402. Purpose.

Sec. 403. Treatment of amounts transferred from Conservation and Reinvestment Act Fund.

Sec. 404. Authority to develop new areas and facilities.

Sec. 405. Definitions.

Sec. 406. Eligibility.

Sec. 407. Grants.

Sec. 408. Recovery action programs.

Sec. 409. State action incentives.

Sec. 410. Conversion of recreation property.

Sec. 411. Repeal.

TITLE V—HISTORIC PRESERVATION FUND

Sec. 501. Treatment of amounts transferred from Conservation and Reinvestment Act Fund.

Sec. 502. State use of historic preservation assistance for national heritage areas and corridors.

TITLE VI—FEDERAL AND INDIAN LANDS RESTORATION

Sec. 601. Purpose.

Sec. 602. Treatment of amounts transferred from Conservation and Reinvestment Act Fund; allocation.

Sec. 603. Authorized uses of transferred amounts.

Sec. 604. Indian tribe defined.

TITLE VII—CONSERVATION EASEMENTS AND ENDANGERED AND THREATENED SPECIES

RECOVERY

Subtitle A—Conservation Easements

Sec. 701. Purpose.

Sec. 702. Treatment of amounts transferred from Conservation and Reinvestment Act Fund.

Sec. 703. Authorized uses of transferred amounts.

Sec. 704. Conservation Easement Program.

Subtitle B—Endangered and Threatened Species Recovery

Sec. 711. Purposes.

Sec. 712. Treatment of amounts transferred from Conservation and Reinvestment Act Fund.

Sec. 713. Endangered and threatened species recovery assistance.

Sec. 714. Endangered and Threatened Species Recovery Agreements.

Sec. 715. Definitions.

SEC. 3. DEFINITIONS.

For purposes of this Act:

(1) 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 (16 U.S.C. 1451 and following).

(2) The term ‘‘coastal political subdivision’’ means a political subdivision of a

coastal State all or part of which political subdivision is within the coastal zone

(as defined in section 304 of the Coastal Zone Management Act (16 U.S.C.

1453)).

(3) The term ‘‘coastal State’’ has the same meaning as provided by section 304

of the Coastal Zone Management Act (16 U.S.C. 1453)).

(4) The term ‘‘coastline’’ has the same meaning that it has in the Submerged

Lands Act (43 U.S.C. 1301 and following).
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(5) The term ‘‘distance’’ means minimum great circle distance, measured in

statute miles.

(6) The term ‘‘fiscal year’’ means the Federal Government’s accounting period

which begins on October 1st and ends on September 30th, and is designated by

the calendar year in which it ends.

(7) The term ‘‘Governor’’ means the highest elected official of a State or of any

other political entity that is defined as, or treated as, a State under the Land

and Water Conservation Fund Act of 1965 (16 U.S.C. 460l–4 and following), the

Act of September 2, 1937 (16 U.S.C. 669 and following), commonly referred to

as the Federal Aid in Wildlife Restoration Act or the Pittman-Robertson Act,

the Urban Park and Recreation Recovery Act of 1978 (16 U.S.C. 2501 and following), the National Historic Preservation Act (16 U.S.C. 470h and following),

or the Federal Agriculture Improvement and Reform Act of 1996 (Public Law

104–127; 16 U.S.C. 3830 note).

(8) 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 a combination of portions of blocks, as specified in the lease, and as

depicted on an Outer Continental Shelf Official Protraction Diagram.

(9) The term ‘‘Outer Continental Shelf’’ means all submerged lands lying seaward and outside of the area of ‘‘lands beneath navigable waters’’ as defined in

section 2(a) of the Submerged Lands Act (43 U.S.C. 1301(a)), and of which the

subsoil and seabed appertain to the United States and are subject to its jurisdiction and control.

(10) The term ‘‘political subdivision’’ means the local political jurisdiction immediately below the level of State government, including counties, parishes, and

boroughs. If State law recognizes an entity of general government that functions

in lieu of, and is not within, a county, parish, or borough, the Secretary may

recognize an area under the jurisdiction of such other entities of general government as a political subdivision for purposes of this title.

(11) The term ‘‘producing State’’ means a State with a coastal seaward boundary within 200 miles from the geographic center of a leased tract other than

a leased tract or portion of a leased tract that is located in a geographic area

subject to a leasing moratorium on January 1, 1999 (unless the lease was issued

prior to the establishment of the moratorium and was in production on January

1, 1999.)

(12) The term ‘‘qualified Outer Continental Shelf revenues’’ means (except as

otherwise provided in this paragraph) all moneys received by the United States

from each leased tract or portion of a leased tract lying seaward of the zone defined and governed by section 8(g) of the Outer Continental Shelf Lands Act (43

U.S.C. 1337(g)), or lying within such zone but to which section 8(g) does not

apply, the geographic center of which lies within a distance of 200 miles from

any part of the coastline of any coastal State, including bonus bids, rents, 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. Such term does not

include any revenues from a leased tract or portion of a leased tract that is located in a geographic area subject to a leasing moratorium on January 1, 1999,

unless the lease was issued prior to the establishment of the moratorium and

was in production on January 1, 1999.

(13) The term ‘‘Secretary’’ means the Secretary of the Interior or the Secretary’s designee, except as otherwise specifically provided.

(14) The term ‘‘Fund’’ means the Conservation and Reinvestment Act Fund

established under section 5.

SEC. 4. ANNUAL REPORTS.

(a) STATE REPORTS.—On June 15 of each year, each Governor 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 the Interior or the Secretary of Agriculture,

as appropriate. The report shall include, in accordance with regulations prescribed

by the Secretaries, a description of all projects and activities receiving funds under

this Act. In order to avoid duplication, such report may incorporate by reference any

other reports required to be submitted under other provisions of law to the Secretary concerned by the Governor regarding any portion of such moneys.

(b) REPORT TO CONGRESS.—On January 1 of each year the Secretary of the Interior, in consultation with the Secretary of Agriculture, shall submit an annual report to the Congress documenting all moneys expended by the Secretary of the Inte-
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rior and the Secretary of Agriculture from the Fund during the previous fiscal year

and summarizing the contents of the Governors’ reports submitted to the Secretaries under subsection (a).

SEC. 5. CONSERVATION AND REINVESTMENT ACT FUND.

(a) ESTABLISHMENT OF FUND.—There is established in the Treasury of the United

States a fund which shall be known as the ‘‘Conservation and Reinvestment Act

Fund’’. In each fiscal year after the fiscal year 2000, the Secretary of the Treasury

shall deposit into the Fund the following amounts:

(1) OCS REVENUES.—An amount in each such fiscal year from qualified Outer

Continental Shelf revenues equal to the difference between $2,825,000,000 and

the amounts deposited in the Fund under paragraph (2), notwithstanding section 9 of the Outer Continental Shelf Lands Act (43 U.S.C. 1338).

(2) AMOUNTS NOT DISBURSED.—All allocated but undisbursed amounts returned to the Fund under section 101(a)(2).

(3) INTEREST.—All interest earned under subsection (d) that is not made

available under paragraph (2) or (4) of that subsection.

(b) TRANSFER FOR EXPENDITURE.—In each fiscal year after the fiscal year 2001,

the Secretary of the Treasury shall transfer amounts deposited into the Fund as follows:

(1) $1,000,000,000 to the Secretary of the Interior for purposes of making payments to coastal States under title I of this Act.

(2) To the Land and Water Conservation Fund for expenditure as provided

in section 3(a) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C.

460l–6(a)) such amounts as are necessary to make the income of the fund

$900,000,000 in each such fiscal year.

(3) $350,000,000 to the Federal aid to wildlife restoration fund established

under section 3 of the Federal Aid in Wildlife Restoration Act (16 U.S.C. 669b).

(4) $125,000,000 to the Secretary of the Interior to carry out the Urban Park

and Recreation Recovery Act of 1978 (16 U.S.C. 2501 and following).

(5) $100,000,000 to the Secretary of the Interior to carry out the National Historic Preservation Act (16 U.S.C. 470 and following).

(6) $200,000,000 to the Secretary of the Interior and the Secretary of Agriculture to carry out title VI of this Act.

(7) $150,000,000 to the Secretary of the Interior to carry out title VII of this

Act with (A) $100,000,000 of such amount transferred to the Secretary of the

Interior for purposes of subtitle A of title VII and (B) $50,000,000 of such

amount transferred to the Secretary of the Interior for purposes of subtitle B

of title VII.

(c) SHORTFALL.—If amounts deposited into the Fund in any fiscal year after the

fiscal year 2000 are less than $2,825,000,000, the amounts transferred under paragraphs (1) through (7) of subsection (b) for that fiscal year shall each be reduced

proportionately.

(d) INTEREST.—

(1) IN GENERAL.—The Secretary of the Treasury shall invest moneys in the

Fund 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.

(2) USE OF INTEREST.—Except as provided in paragraphs (3) and (4), interest

earned on such moneys shall be available, without further appropriation, for obligation or expenditure under—

(A) chapter 69 of title 31 of the United States Code (relating to PILT),

and

(B) section 401 of the Act of June 15, 1935 (49 Stat. 383; 16 U.S.C. 715s)

(relating to refuge revenue sharing).

In each fiscal year such interest shall be allocated between the programs referred to in subparagraph (A) and (B) in proportion to the amounts authorized

and appropriated for that fiscal year under other provisions of law for purposes

of such programs.

(3) CEILING ON EXPENDITURES OF INTEREST.—Amounts made available under

paragraph (2) in each fiscal year shall not exceed the lesser of the following:

(A) $200,000,000.

(B) The total amount authorized and appropriated for that fiscal year

under other provisions of law for purposes of the programs referred to in

subparagraphs (A) and (B) of paragraph (2).
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(4) TITLE III INTEREST.—All interest attributable to amounts transferred by

the Secretary of the Treasury to the Secretary of the Interior for purposes of

title III of this Act (and the amendments made by such title III) shall be available, without further appropriation, for obligation or expenditure for purposes

of the North American Wetlands Conservation Act of 1989 (16 U.S.C. 4401 and

following)

(e) REFUNDS.—In those instances where through judicial decision, administrative

review, arbitration, or other means there are royalty refunds owed to entities generating revenues under this title, such refunds shall be paid by the Secretary of the

Treasury from amounts available in the Fund.

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. Nothing

in this section shall affect the prohibition contained in section 4(c)(3) of the Federal

Aid in Wildlife Restoration Act (as amended by this Act).

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.

SEC. 8. RECORDKEEPING REQUIREMENTS.

The Secretary of the Interior in consultation with the Secretary of Agriculture

shall establish such rules regarding recordkeeping by State and local governments

and the auditing of expenditures made by State and local governments from funds

made available under this Act as may be necessary. Such rules shall be in addition

to other requirements established regarding recordkeeping and the auditing of such

expenditures under other authority of law.

SEC. 9. MAINTENANCE OF EFFORT AND MATCHING FUNDING.

(a) IN GENERAL.—Except as provided in subsection (b), no State or local government shall receive any funds under this Act during any fiscal year when its expenditures of non-Federal funds for recurrent expenditures for programs for which funding is provided under this Act will be less than its expenditures were for such programs during the preceding fiscal year. No State or local government shall receive

any funding under this Act with respect to a program unless the Secretary is satisfied that such a grant will be so used to supplement and, to the extent practicable,

increase the level of State, local, or other non-Federal funds available for such program. In order for the Secretary to provide funding under this Act in a timely manner each fiscal year, the Secretary shall compare a State or local government’s prospective expenditure level to that of its second preceding fiscal year.

(b) EXCEPTION.—The Secretary may provide funding under this Act to a State or

local government not meeting the requirements of subsection (a) if the Secretary determines that a reduction in expenditures is attributable to a non-selective reduction in the expenditures in the programs of all Executive branch agencies of the

State or local government.

(c) USE OF FUND TO MEET MATCHING REQUIREMENTS.—All funds received by a

State or local government under this Act shall be treated as Federal funds for purposes of compliance with any provision in effect under any other law requiring that

non-Federal funds be used to provide a portion of the funding for any program or

project.

SEC. 10. SUNSET.

This Act, including the amendments made by this Act, shall have no force or effect after September 30, 2015.

SEC. 11. PROTECTION OF PRIVATE PROPERTY RIGHTS.

(a) SAVINGS CLAUSE.—Nothing in the Act shall authorize that private property be

taken for public use, without just compensation as provided by the Fifth and Fourteenth amendments to the United States Constitution.
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(b) REGULATION.—Federal agencies, using funds appropriated by this Act, may not

apply any regulation on any lands until the lands or water, or an interest therein,

is acquired, unless authorized to do so by another Act of Congress.

SEC. 12. SIGNS.

(a) IN GENERAL.—The Secretary shall require, as a condition of any financial assistance provided with amounts made available by this Act, that the person that

owns or administers any site that benefits from such assistance shall include on any

sign otherwise installed at that site at or near an entrance or public use focal point,

a statement that the existence or development of the site (or both), as appropriate,

is a product of such assistance.

(b) STANDARDS.—The Secretary shall provide for the design of standardized signs

for purposes of subsection (a), and shall prescribe standards and guidelines for such

signs.

TITLE I—IMPACT ASSISTANCE AND COASTAL

CONSERVATION

SEC. 101. IMPACT ASSISTANCE FORMULA AND PAYMENTS.

(a) IMPACT ASSISTANCE PAYMENTS TO STATES.—

(1) GRANT PROGRAM.—Amounts transferred to the Secretary of the Interior

from the Conservation and Reinvestment Act Fund under section 5(b)(1) of this

Act for purposes of making payments to coastal States under this title in any

fiscal year shall be allocated by the Secretary of the Interior among coastal

States as provided in this section in each such fiscal year. In each such fiscal

year, the Secretary of the Interior shall, without further appropriation, disburse

such allocated funds to those coastal States for which the Secretary has approved a Coastal State Conservation and Impact Assistance Plan as required

by this title. Payments for all projects shall be made by the Secretary to the

Governor of the State or to the State official or agency designated by the Governor or by State law as having authority and responsibility to accept and to

administer funds paid hereunder. No payment shall be made to any State until

the State has agreed to provide such reports to the Secretary, in such form and

containing such information, as may be reasonably necessary to enable the Secretary to perform his duties under this title, and provide such fiscal control and

fund accounting procedures as may be necessary to assure proper disbursement

and accounting for Federal revenues paid to the State under this title.

(2) FAILURE TO HAVE PLAN APPROVED.—At the end of each fiscal year, the Secretary shall return to the Conservation and Reinvestment Act Fund any amount

that the Secretary allocated, but did not disburse, in that fiscal year to a coastal

State that does not have an approved plan under this title before the end of

the fiscal year in which such grant is allocated, except that the Secretary shall

hold in escrow until the final resolution of the appeal any amount allocated, but

not disbursed, to a coastal State that has appealed the disapproval of a plan

submitted under this title.

(b) ALLOCATION AMONG COASTAL STATES.—

(1) ALLOCABLE SHARE FOR EACH STATE.—For each coastal State, the Secretary

shall determine the State’s allocable share of the total amount of the revenues

transferred from the Fund under section 5(b)(1) for each fiscal year using the

following weighted formula:

(A) 50 percent of such revenues shall be allocated among the coastal

States as provided in paragraph (2).

(B) 25 percent of such revenues shall be allocated to each coastal State

based on the ratio of each State’s shoreline miles to the shoreline miles of

all coastal States.

(C) 25 percent of such revenues shall be allocated to each coastal State

based on the ratio of each State’s coastal population to the coastal population of all coastal States.

(2) OFFSHORE OUTER CONTINENTAL SHELF SHARE.—If any portion of a producing State lies within a distance of 200 miles from the geographic center of

any leased tract, the Secretary of the Interior shall determine such State’s allocable share under paragraph (1)(A) based on the formula set forth in this paragraph. Such State share shall be calculated as of the date of the enactment of

this Act for the first 5-fiscal year period during which funds are disbursed

under this title and recalculated on the anniversary of such date each fifth year

thereafter for each succeeding 5-fiscal year period. Each such State’s allocable
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share of the revenues disbursed under paragraph (1)(A) shall be inversely proportional to the distance between the nearest point on the coastline of such

State and the geographic center of each leased tract or portion of the leased

tract (to the nearest whole mile) that is within 200 miles of that coastline, as

determined by the Secretary for the 5-year period concerned. In applying this

paragraph a leased tract or portion of a leased tract shall be excluded if the

tract or portion is located in a geographic area subject to a leasing moratorium

on January 1, 1999, unless the lease was issued prior to the establishment of

the moratorium and was in production on January 1, 1999.

(3) MINIMUM STATE SHARE.—

(A) IN GENERAL.—The allocable share of revenues determined by the Secretary under this subsection for each coastal State with an approved coastal

management program (as defined by the Coastal Zone Management Act (16

U.S.C. 1451)), or which is making satisfactory progress toward one, shall

not be less in any fiscal year than 0.50 percent of the total amount of the

revenues transferred by the Secretary of the Treasury to the Secretary of

the Interior for purposes of this title for that fiscal year under subsection

(a). For any other coastal State the allocable share of such revenues shall

not be less than 0.25 percent of such revenues.

(B) RECOMPUTATION.—Where one or more coastal States’ allocable shares,

as computed under paragraphs (1) and (2), are increased by any amount

under this paragraph, the allocable share for all other coastal States shall

be recomputed and reduced by the same amount so that not more than 100

percent of the amount transferred by the Secretary of the Treasury to the

Secretary of the Interior for purposes of this title for that fiscal year under

section 5(b)(1) is allocated to all coastal States. The reduction shall be divided pro rata among such other coastal States.

(c) PAYMENTS TO POLITICAL SUBDIVISIONS.—In the case of a producing State, the

Governor of the State shall pay 50 percent of the State’s allocable share, as determined under subsection (b), to the coastal political subdivisions in such State. Such

payments shall be allocated among such coastal political subdivisions of the State

according to an allocation formula analogous to the allocation formula used in subsection (b) to allocate revenues among the coastal States, except that a coastal political subdivision in the State of California that has a coastal shoreline, that is not

within 200 miles of the geographic center of a leased tract or portion of a leased

tract, and in which there is located one or more oil refineries shall be eligible for

that portion of the allocation described in subsection (b)(1)(A) and (b)(2) in the same

manner as if that political subdivision were located within a distance of 50 miles

from the geographic center of any leased tract.

(d) TIME OF PAYMENT.—Payments to coastal States and coastal political subdivisions under this section shall be made not later than December 31 of each year from

revenues received during the immediately preceding fiscal year.

SEC. 102. COASTAL STATE CONSERVATION AND IMPACT ASSISTANCE PLANS.

(a) DEVELOPMENT AND SUBMISSION OF STATE PLANS.—Each coastal State seeking

to receive grants under this title shall prepare, and submit to the Secretary, a Statewide Coastal State Conservation and Impact Assistance Plan. In the case of a producing State, the Governor shall incorporate the plans of the coastal political subdivisions into the Statewide plan for transmittal to the Secretary. The Governor

shall solicit local input and shall provide for public participation in the development

of the Statewide plan. The plan shall be submitted to the Secretary by April 1 of

the calendar year after the calendar year in which this Act is enacted.

(b) APPROVAL OR DISAPPROVAL.—

(1) IN GENERAL.—Approval of a Statewide plan under subsection (a) is required prior to disbursement of funds under this title by the Secretary. The Secretary shall approve the Statewide plan if the Secretary determines, in consultation with the Secretary of Commerce, that the plan is consistent with the

uses set forth in subsection (c) and if the plan contains each of the following:

(A) 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 title.

(B) A program for the implementation of the plan which, for producing

States, includes a description of how funds will be used to address the impacts of oil and gas production from the Outer Continental Shelf.

(C) Certification by the Governor that ample opportunity has been accorded for public participation in the development and revision of the plan.
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(D) Measures for taking into account other relevant Federal resources

and programs. The plan shall be correlated so far as practicable with other

State, regional, and local plans.

(2) PROCEDURE AND TIMING; REVISIONS.—The Secretary shall approve or disapprove each plan submitted in accordance with this section. If a State first

submits a plan by not later than 90 days before the beginning of the first fiscal

year to which the plan applies, the Secretary shall approve or disapprove the

plan by not later than 30 days before the beginning of that fiscal year.

(3) AMENDMENT OR REVISION.—Any amendment to or revision of the plan

shall be prepared in accordance with the requirements of this subsection and

shall be submitted to the Secretary for approval or disapproval. Any such

amendment or revision shall take effect only for fiscal years after the fiscal year

in which the amendment or revision is approved by the Secretary.

(c) AUTHORIZED USES OF STATE GRANT FUNDING.—The funds provided under this

title to a coastal State and for coastal political subdivisions are authorized to be

used only for one or more of the following purposes:

(1) Data collection, including but not limited to fishery or marine mammal

stock surveys in State waters or both, cooperative State, interstate, and Federal

fishery or marine mammal stock surveys or both, cooperative initiatives with

university and private entities for fishery and marine mammal surveys, activities related to marine mammal and fishery interactions, and other coastal living

marine resources surveys.

(2) The conservation, restoration, enhancement, or creation of coastal habitats.

(3) Cooperative Federal or State enforcement of marine resources management statutes.

(4) Fishery observer coverage programs in State or Federal waters.

(5) Invasive, exotic, and nonindigenous species identification and control.

(6) Coordination and preparation of cooperative fishery conservation and management plans between States including the development and implementation

of population surveys, assessments and monitoring plans, and the preparation

and implementation of State fishery management plans developed by interstate

marine fishery commissions.

(7) Preparation and implementation of State fishery or marine mammal management plans that comply with bilateral or multilateral international fishery

or marine mammal conservation and management agreements or both.

(8) Coastal and ocean observations necessary to develop and implement real

time tide and current measurement systems.

(9) Implementation of federally approved marine, coastal, or comprehensive

conservation and management plans.

(10) Mitigating marine and coastal impacts of Outer Continental Shelf activities including impacts on onshore infrastructure.

(11) Projects that promote research, education, training, and advisory services

in fields related to ocean, coastal, and Great Lakes resources.

(d) COMPLIANCE WITH AUTHORIZED USES.—Based on the annual reports submitted

under section 4 of this Act and on audits conducted by the Secretary under section

8, the Secretary shall review the expenditures made by each State and coastal political subdivision from funds made available under this title. If the Secretary determines that any expenditure made by a State or coastal political subdivision of a

State from such funds is not consistent with the authorized uses set forth in subsection (c), the Secretary shall not make any further grants under this title to that

State until the funds used for such expenditure have been repaid to the Conservation and Reinvestment Act Fund.

TITLE II—LAND AND WATER CONSERVATION

FUND REVITALIZATION

SEC. 201. 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 and

following)
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SEC. 202. EXTENSION OF FUND; TREATMENT OF AMOUNTS TRANSFERRED FROM CONSERVATION AND REINVESTMENT ACT FUND.

Section 2(c) is amended to read as follows:

‘‘(c) AMOUNTS TRANSFERRED FROM CONSERVATION AND REINVESTMENT ACT

FUND.—In addition to the sum of the revenues and collections estimated by the Secretary of the Interior to be covered into the fund pursuant to subsections (a) and

(b) of this section, there shall be covered into the fund all amounts transferred to

the fund under section 5(b)(2) of the Conservation and Reinvestment Act of 1999.’’.

SEC. 203. AVAILABILITY OF AMOUNTS.

Section 3 (16 U.S.C. 460l–6) is amended to read as follows:

‘‘APPROPRIATIONS

‘‘SEC. 3. (a) IN GENERAL.—There are authorized to be appropriated to the Secretary from the fund to carry out this Act not more than $900,000,000 in any fiscal

year after the fiscal year 2001. Amounts transferred to the fund from the Conservation and Reinvestment Act Fund and amounts covered into the fund under subsections (a) and (b) of section 2 shall be available to the Secretary in fiscal years

after the fiscal year 2001 without further appropriation to carry out this Act.

‘‘(b) OBLIGATION AND EXPENDITURE OF AVAILABLE AMOUNTS.—Amounts 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.’’.

SEC. 204. ALLOCATION OF FUND.

Section 5 (16 U.S.C. 460l–7) is amended to read as follows:

‘‘ALLOCATION OF FUNDS

‘‘SEC. 5. Of the amounts made available for each fiscal year to carry out this Act—

‘‘(1) 50 percent shall be available for Federal purposes (in this Act referred

to as the ‘Federal portion’); and

‘‘(2) 50 percent shall be available for grants to States.’’.

SEC. 205. USE OF FEDERAL PORTION.

Section 7 (16 U.S.C. 460l–9) is amended by adding at the end the following:

‘‘(d) USE OF FEDERAL PORTION.—

‘‘(1) APPROVAL BY CONGRESS REQUIRED.—The Federal portion (as that term is

defined in section 5(1)) may not be obligated or expended by the Secretary of

the Interior or the Secretary of Agriculture for any acquisition except those specifically referred to, and approved by the Congress, in an Act making appropriations for the Department of the Interior or the Department of Agriculture, respectively.

‘‘(2) WILLING SELLER REQUIREMENT.—The Federal portion may not be used to

acquire any property unless—

‘‘(A) the owner of the property concurs in the acquisition; or

‘‘(B) acquisition of that property is specifically approved by an Act of Congress.

‘‘(e) LIST OF PROPOSED FEDERAL ACQUISITIONS.—

‘‘(1) RESTRICTION ON USE.—The Federal portion for a fiscal year may not be

obligated or expended to acquire any interest in lands or water unless the lands

or water were included in a list of acquisitions that is approved by the Congress. This list shall include an inventory of surplus lands under the administrative jurisdiction of the Secretary of the Interior and the Secretary of Agriculture for which there is no demonstrated compelling program need.

‘‘(2) TRANSMISSION OF LIST.—(A) The Secretary of the Interior and the Secretary of Agriculture shall jointly transmit to the appropriate authorizing and

appropriations committees of the House of Representatives and the Senate for

each fiscal year, by no later than the submission of the budget for the fiscal

year under section 1105 of title 31, United States Code, a list of the acquisitions

of interests in lands and water proposed to be made with the Federal portion

for the fiscal year.

‘‘(B) In preparing each list, the Secretary shall—

‘‘(i) seek to consolidate Federal landholdings in States with checkerboard

Federal land ownership patterns;

‘‘(ii) consider the use of equal value land exchanges, where feasible and

suitable, as an alternative means of land acquisition;

‘‘(iii) consider the use of permanent conservation easements, where feasible and suitable, as an alternative means of acquisition;
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‘‘(iv) identify those properties that are proposed to be acquired from willing sellers and specify any for which adverse condemnation is requested;

and

‘‘(v) establish priorities based on such factors as important or special resource attributes, threats to resource integrity, timely availability, owner

hardship, cost escalation, public recreation use values, and similar considerations.

‘‘(3) INFORMATION REGARDING PROPOSED ACQUISITIONS.—Each list shall include, for each proposed acquisition included in the list—

‘‘(A) citation of the statutory authority for the acquisition, if such authority exists; and

‘‘(B) an explanation of why the particular interest proposed to be acquired

was selected.

‘‘(f) NOTIFICATION TO AFFECTED AREAS REQUIRED.—The Federal portion for a fiscal year may not be used to acquire any interest in land unless the Secretary administering the acquisition, by not later than 30 days after the date the Secretaries

submit the list under subsection (e) for the fiscal year, provides notice of the proposed acquisition—

‘‘(1) in writing to each Member of and each Delegate and Resident Commissioner to the Congress elected to represent any area in which is located—

‘‘(A) the land; or

‘‘(B) any part of any federally designated unit that includes the land;

‘‘(2) in writing to the Governor of the State in which the land is located;

‘‘(3) in writing to each State political subdivision having jurisdiction over the

land; and

‘‘(4) by publication of a notice in a newspaper that is widely distributed in

the area under the jurisdiction of each such State political subdivision, that includes a clear statement that the Federal Government intends to acquire an interest in land.

‘‘(g) COMPLIANCE WITH REQUIREMENTS UNDER FEDERAL LAWS.—

‘‘(1) IN GENERAL.—The Federal portion for a fiscal year may not be used to

acquire any interest in land or water unless the following have occurred:

‘‘(A) All actions required under Federal law with respect to the acquisition have been complied with.

‘‘(B) A copy of each final environmental impact statement or environmental assessment required by law, and a summary of all public comments

regarding the acquisition that have been received by the agency making the

acquisition, are submitted to the Committee on Resources of the House of

Representatives, the Committee on Energy and Natural Resources of the

Senate, and the Committees on Appropriations of the House of Representatives and of the Senate.

‘‘(C) A notice of the availability of such statement or assessment and of

such summary is provided to—

‘‘(i) each Member of and each Delegate and Resident Commissioner

to the Congress elected to represent the area in which the land is located;

‘‘(ii) the Governor of the State in which the land is located; and

‘‘(iii) each State political subdivision having jurisdiction over the

land.

‘‘(2) LIMITATION ON APPLICATION.—Paragraph (1) shall not apply to any acquisition that is specifically authorized by a Federal law.’’.

SEC. 206. ALLOCATION OF AMOUNTS AVAILABLE FOR STATE PURPOSES.

(a) IN GENERAL.—Section 6(b) (16 U.S.C. 460l–8(b)) is amended to read as follows:

‘‘(b) DISTRIBUTION AMONG THE STATES.—(1) Sums in the fund available each fiscal

year for State purposes shall be apportioned among the several States by the Secretary, in accordance with this subsection. The determination of the apportionment

by the Secretary shall be final.

‘‘(2) Subject to paragraph (3), of sums in the fund available each fiscal year for

State purposes—

‘‘(A) 30 percent shall be apportioned equally among the several States; and

‘‘(B) 70 percent shall be apportioned so that the ratio that the amount apportioned to each State under this subparagraph bears to the total amount apportioned under this subparagraph for the fiscal year is equal to the ratio that the

population of the State bears to the total population of all States.

‘‘(3) The total allocation to an individual State for a fiscal year under paragraph

(2) shall not exceed 10 percent of the total amount allocated to the several States

under paragraph (2) for that fiscal year.
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‘‘(4) 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 under

this subsection 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 (2), but without regard to the 10 percent limitation to an individual State specified in paragraph (3).

‘‘(5)(A) For the purposes of paragraph (2)(A)—

‘‘(i) the District of Columbia shall be treated as a State; and

‘‘(ii) Puerto Rico, the 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.’’.

(b) TRIBES AND ALASKA NATIVE CORPORATIONS.—Section 6(b)(5) (16 U.S.C. 460l–

8(b)(5)) is further amended by adding at the end the following new subparagraph:

‘‘(C) For the purposes of paragraph (1), all federally recognized Indian tribes and

Native Corporations (as defined in section 3 of the Alaska Native Claims Settlement

Act (43 U.S.C. 1602)), shall be eligible to receive shares of the apportionment under

paragraph (1) in accordance with a competitive grant program established by the

Secretary by rule. The total apportionment available to such tribes and Native Corporations shall be equivalent to the amount available to a single State. No single

tribe or Native Corporation shall receive a grant that constitutes more than 10 percent of the total amount made available to all tribes and Native Corporations pursuant to the apportionment under paragraph (1). Funds received by a tribe or Native

Corporation under this subparagraph may be expended only for the purposes specified in paragraphs (1) and (3) of subsection (a).’’.

(c) LOCAL ALLOCATION.—Section 6(b) (16 U.S.C. 460l–8(b)) is amended by adding

at the end the following:

‘‘(6) Absent some compelling and annually documented reason to the contrary acceptable to the Secretary of the Interior, each State (other than an area treated as

a State under paragraph (5)) shall make available as grants to local governments,

at least 50 percent of the annual State apportionment, or an equivalent amount

made available from other sources.’’.

SEC. 207. STATE PLANNING.

(a) STATE ACTION AGENDA REQUIRED.—

(1) IN GENERAL.—Section 6(d) (16 U.S.C. 460l–8(d)) is amended to read as follows:

‘‘(d) STATE ACTION AGENDA REQUIRED.—(1) Each State may define its own priorities and criteria for selection of outdoor conservation and recreation acquisition and

development projects eligible for grants under this Act so long as it provides for public involvement in this process and publishes an accurate and current State Action

Agenda for Community Conservation and Recreation (in this Act referred to as the

‘State Action Agenda’) indicating the needs it has identified and the priorities and

criteria it has established. In order to assess its needs and establish its overall priorities, each State, in partnership with its local governments and Federal agencies,

and in consultation with its citizens, shall develop, within 5 years after the enactment of the Conservation and Reinvestment Act of 1999, a State Action Agenda that

meets the following requirements:

‘‘(A) The agenda must be strategic, originating in broad-based and long-term

needs, but focused on actions that can be funded over the next 4 years.

‘‘(B) The agenda must be updated at least once every 4 years and certified

by the Governor that the State Action Agenda conclusions and proposed actions

have been considered in an active public involvement process.

‘‘(2) State Action Agendas shall take into account all providers of conservation and

recreation lands within each State, including Federal, regional, and local government resources, and shall be correlated whenever possible with other State, regional, and local plans for parks, recreation, open space, and wetlands conservation.

Recovery action programs developed by urban localities under section 1007 of the

Urban Park and Recreation Recovery Act of 1978 shall be used by a State as a guide

to the conclusions, priorities, and action schedules contained in State Action Agenda. Each State shall assure that any requirements for local outdoor conservation

and recreation planning, promulgated as conditions for grants, minimize redundancy of local efforts by allowing, wherever possible, use of the findings, priorities,

and implementation schedules of recovery action programs to meet such requirements.’’.
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(2) EXISTING STATE PLANS.—Comprehensive State Plans developed by any

State under section 6(d) of the Land and Water Conservation Fund Act of 1965

before the date that is 5 years after the enactment of this Act shall remain in

effect in that State until a State Action Agenda has been adopted pursuant to

the amendment made by this subsection, but no later than 5 years after the

enactment of this Act.

(b) MISCELLANEOUS.—Section 6(e) (16 U.S.C. 460l–8(e)) is amended as follows:

(1) In the matter preceding paragraph (1) by striking ‘‘State comprehensive

plan’’ and inserting ‘‘State Action Agenda’’.

(2) In paragraph (1) by striking ‘‘comprehensive plan’’ and inserting ‘‘State Action Agenda’’.

SEC. 208. 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 within a designated park or recreation area’’.

SEC. 209. CONVERSION OF PROPERTY TO OTHER USE.

Section 6(f)(3) (16 U.S.C. 460l–8(f)(3)) is amended—

(1) by inserting ‘‘(A)’’ before ‘‘No property’’; and

(2) by striking the second sentence and inserting the following:

‘‘(B) The Secretary shall approve such conversion only if the State demonstrates

no prudent or feasible alternative exists with the exception of those properties that

no longer meet the criteria within the State Plan or Agenda as an outdoor conservation and recreation facility due to changes in demographics or that must be abandoned because of environmental contamination which endangers public health and

safety. Any conversion must satisfy such conditions as the Secretary deems necessary to assure the substitution of other conservation and recreation properties of

at least equal fair market value and reasonably equivalent usefulness and location

and which are consistent with the existing State Plan or Agenda; except that wetland areas and interests therein as identified in the wetlands provisions of the action agenda and proposed to be acquired as suitable replacement property within

that same State that is otherwise acceptable to the Secretary shall be considered

to be of reasonably equivalent usefulness with the property proposed for conversion.’’.

SEC. 210. WATER RIGHTS.

Title I is amended by adding at the end the following:

‘‘WATER RIGHTS

‘‘SEC. 14. Nothing in this title—

‘‘(1) invalidates or preempts State or Federal water law or an interstate compact governing water;

‘‘(2) alters the rights of any State to any appropriated share of the waters of

any body of surface or ground water, whether determined by past or future

interstate compacts or by past or future legislative or final judicial allocations;

‘‘(3) preempts or modifies any Federal or State law, or interstate compact,

dealing with water quality or disposal; or

‘‘(4) confers on any non-Federal entity the ability to exercise any Federal right

to the waters of any stream or to any ground water resource.’’.

TITLE III—WILDLIFE CONSERVATION AND

RESTORATION

SEC. 301. PURPOSES.

The purposes of this title are—

(1) to extend financial and technical assistance to the States under the Federal Aid to 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 in recognition of the primary role

of the States to conserve all wildlife;

(2) to assure sound conservation policies through the development, revision,

and implementation of a comprehensive wildlife conservation and restoration

plan;
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(3) to encourage State fish and wildlife agencies to participate with 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. 302. DEFINITIONS.

(a) REFERENCE TO LAW.—In this title, the term ‘‘Federal Aid in Wildlife Restoration Act’’ means the Act of September 2, 1937 (16 U.S.C. 669 and following), commonly referred to as the Federal Aid in Wildlife Restoration Act or the 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 amended by inserting ‘‘or State fish and wildlife department’’ after

‘‘State fish and game department’’.

(d) DEFINITIONS.—Section 2 of the Federal Aid in Wildlife Restoration Act (16

U.S.C. 669a) is 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’ means a program developed by a State fish and wildlife department and

approved by the Secretary under section 4(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 (including those that gather,

evaluate, and disseminate information on wildlife and their habitats), 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, wildlife observation and photography,

such projects as construction or restoration of wildlife viewing areas, observation

towers, blinds, platforms, land and water trails, water access, trail heads, 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.’’.

SEC. 303. TREATMENT OF AMOUNTS TRANSFERRED FROM CONSERVATION AND REINVESTMENT ACT FUND.

Section 3 of the Federal Aid in Wildlife Restoration Act (16 U.S.C. 669b) is

amended—

(1) in subsection (a) by inserting ‘‘(1)’’ after ‘‘(a)’’, and by adding at the end

the following:

‘‘(2) There is established in the Federal aid to wildlife restoration fund a subaccount to be known as the ‘wildlife conservation and restoration account’. Amounts

transferred to the fund for a fiscal year under section 5(b)(3) of the Conservation

and Reinvestment Act of 1999 shall be deposited in the subaccount and shall be

available without further appropriation, in each fiscal year, for apportionment in accordance with this Act to carry out State wildlife conservation and restoration programs.’’; and

(2) by adding at the end the following:

‘‘(c) Amounts transferred to the fund from the Conservation and Reinvestment Act

Fund and apportioned under subsection (a)(2) shall supplement, but not replace, existing funds available to the States from the sport fish restoration account and wildlife restoration account and shall be used for the development, revision, and implementation of wildlife conservation and restoration programs and should be used to

address the unmet needs for a diverse array of wildlife and associated habitats, in-
14

cluding species that are not hunted or fished, for wildlife conservation, wildlife conservation education, and wildlife-associated recreation projects. Such funds may be

used for new programs and projects as well as to enhance existing programs and

projects.

‘‘(d)(1) Notwithstanding subsections (a) and (b) of this section, with respect to

amounts transferred to the fund from the Conservation and Reinvestment Act Fund

so much of such amounts as is apportioned to any State for any fiscal year and as

remains unexpended at the close thereof shall remain available for expenditure in

that State until the close of—

‘‘(A) the fourth succeeding fiscal year, in the case of amounts transferred in

any of the first 10 fiscal years beginning after the date of enactment of the Conservation and Reinvestment Act of 1999; or

‘‘(B) the second succeeding fiscal year, in the case of amounts transferred in

a fiscal year beginning after the 10-fiscal-year period referred to in subparagraph (A).

‘‘(2) Any amount apportioned to a State under this subsection that is unexpended

or unobligated at the end of the period during which it is available under paragraph

(1) shall be reapportioned to all States during the succeeding fiscal year.’’.

SEC. 304. APPORTIONMENT OF AMOUNTS TRANSFERRED FROM CONSERVATION AND REINVESTMENT ACT FUND.

(a) IN GENERAL.—Section 4 of the Federal Aid in Wildlife Restoration Act (16

U.S.C. 669c) is amended by adding at the end the following new subsection:

‘‘(c) AMOUNTS TRANSFERRED FROM CONSERVATION AND REINVESTMENT ACT

FUND.—(1) The Secretary of the Interior shall make the following apportionment

from the amount transferred to the fund from the Conservation and Reinvestment

Act Fund for each fiscal year:

‘‘(A) To the District of Columbia and to the Commonwealth of Puerto Rico,

each a sum equal to not more than 1⁄2 of 1 percent thereof.

‘‘(B) To Guam, American Samoa, the Virgin Islands, and the Commonwealth

of the Northern Mariana Islands, each a sum equal to not more than 1⁄6 of 1

percent thereof.

‘‘(2)(A) The Secretary of the Interior, after making the apportionment under paragraph (1), shall apportion the remainder of the amount transferred to the fund from

the Conservation and Reinvestment Act Fund for each fiscal year among the States

in the following manner:

‘‘(i) 1⁄3 of which is based on the ratio to which the land area of such State

bears to the total land area of all such States.

‘‘(ii) 2⁄3 of which is based on the ratio to which the population of such State

bears to the total population of all such States.

‘‘(B) The amounts apportioned under this paragraph shall be adjusted equitably

so that no such State shall be apportioned a sum which is less than 1⁄2 of 1 percent

of the amount available for apportionment under this paragraph for any fiscal year

or more than 5 percent of such amount.

‘‘(3) Amounts transferred to the fund from the Conservation and Reinvestment Act

Fund shall not be available for any expenses incurred in the administration and

execution of programs carried out with such amounts.

‘‘(d) WILDLIFE CONSERVATION AND RESTORATION PROGRAMS.—(1) Any State,

through its fish and wildlife department, may apply to the Secretary of the Interior

for approval of a wildlife conservation and restoration program, or for funds to develop a program. To apply, a State shall submit a comprehensive plan that

includes—

‘‘(A) provisions vesting in the fish and wildlife department of the State overall

responsibility and accountability for the program;

‘‘(B) provisions for the development and implementation of—

‘‘(i) wildlife conservation projects that expand and support existing wildlife programs, giving appropriate consideration to all wildlife;

‘‘(ii) wildlife-associated recreation projects; and

‘‘(iii) wildlife conservation education projects pursuant to programs under

section 8(a); and

‘‘(C) provisions to ensure public participation in the development, revision,

and implementation of projects and programs required under this paragraph.

‘‘(2) A State shall provide an opportunity for public participation in the development of the comprehensive plan required under paragraph (1).

‘‘(3) If the Secretary finds that the comprehensive plan submitted by a State complies with paragraph (1), the Secretary shall approve the wildlife conservation and

restoration program of the State and set aside from the apportionment to the State
15

made pursuant to subsection (c) an amount that shall not exceed 75 percent of the

estimated cost of developing and implementing the program.

‘‘(4)(A) Except as provided in subparagraph (B), after the Secretary approves a

State’s wildlife conservation and restoration program, the Secretary may make payments on a project that is a segment of the State’s wildlife conservation and restoration program as the project progresses. Such payments, including previous payments on the project, if any, shall not be more than the United States pro rata

share of such project. The Secretary, under such regulations as he may prescribe,

may advance funds representing the United States pro rata share of a project that

is a segment of a wildlife conservation and restoration program, including funds to

develop such program.

‘‘(B) Not more than 10 percent of the amounts apportioned to each State under

this section for a State’s wildlife conservation and restoration program may be used

for wildlife-associated recreation.

‘‘(5) For purposes of this subsection, the term ‘State’ shall include the District of

Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American

Samoa, and the Commonwealth of the Northern Mariana Islands.’’.

(b) FACA.—Coordination with State fish and wildlife agency personnel or with

personnel of other State agencies pursuant to the Federal Aid in Wildlife Restoration Act or the Federal Aid in Sport Fish Restoration Act shall not be subject to

the Federal Advisory Committee Act (5 U.S.C. App.). Except for the preceding sentence, the provisions of this title relate solely to wildlife conservation and restoration programs and shall not be construed to affect the provisions of the Federal Aid

in Wildlife Restoration Act relating to wildlife restoration projects or the provisions

of the Federal Aid in Sport Fish Restoration Act relating to fish restoration and

management projects.

SEC. 305. EDUCATION.

Section 8(a) of the Federal Aid in Wildlife Restoration Act (16 U.S.C. 669g(a)) is

amended by adding the following at the end thereof: ‘‘Funds available from the

amount transferred to the fund from the Conservation and Reinvestment Act Fund

may be used for a wildlife conservation education program, except that no such

funds may be used for education efforts, projects, or programs that promote or encourage opposition to the regulated taking of wildlife.’’.

SEC. 306. PROHIBITION AGAINST DIVERSION.

No designated State agency shall be eligible to receive matching funds under this

title if sources of revenue available to it after January 1, 1999, for conservation of

wildlife are diverted for any purpose other than the administration of the designated State agency, it being the intention of Congress that funds available to

States under this title be added to revenues from existing State sources and not

serve as a substitute for revenues from such sources. Such revenues shall include

interest, dividends, or other income earned on the forgoing.

TITLE IV—URBAN PARK AND RECREATION

RECOVERY PROGRAM AMENDMENTS

SEC. 401. 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 and

following).

SEC. 402. PURPOSE.

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. 403. TREATMENT OF AMOUNTS TRANSFERRED FROM CONSERVATION AND REINVESTMENT ACT FUND.

Section 1013 (16 U.S.C. 2512) is amended to read as follows:

‘‘TREATMENT OF AMOUNTS TRANSFERRED FROM CONSERVATION AND REINVESTMENT

ACT FUND

‘‘SEC. 1013. (a) IN GENERAL.—Amounts transferred to the Secretary of the Interior

under section 5(b)(4) of the Conservation and Reinvestment Act of 1999 in a fiscal

year shall be available to the Secretary without further appropriation to carry out
16

this title. Any amount that has not been paid or obligated by the Secretary before

the end of the second fiscal year beginning after the first fiscal year in which the

amount is available shall be reapportioned by the Secretary among grantees under

this title.

‘‘(b) LIMITATIONS ON ANNUAL GRANTS.—Of the amounts available in a fiscal year

under subsection (a)—

‘‘(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. 404. 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. 405. DEFINITIONS.

Section 1004 (16 U.S.C. 2503) is amended as follows:

(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.

(3) By adding at the end the following:

‘‘(l) ‘development grants’—

‘‘(1) subject to subparagraph (2) 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, support facilities, and landscaping; and

‘‘(2) does not include routine maintenance, and upkeep activities; and

‘‘(m) ‘Secretary’ means the Secretary of the Interior.’’.

SEC. 406. 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, town, or group of cities or towns (or both) 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. 407. GRANTS.

Section 1006 (16 U.S.C. 2505) is amended—

(1) in subsection (a) by redesignating paragraph (3) as paragraph (4); and

(2) by striking so much as precedes subsection (a)(4) (as so redesignated) and

inserting the following:

‘‘GRANTS

‘‘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.
17

‘‘(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. 408. 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. 409. STATE ACTION INCENTIVES.

Section 1008 (16 U.S.C. 2507) is amended—

(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 or

Agendas 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. 410. 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. 411. REPEAL.

Section 1015 (16 U.S.C. 2514) is repealed.

TITLE V—HISTORIC PRESERVATION FUND

SEC. 501. TREATMENT OF AMOUNTS TRANSFERRED FROM CONSERVATION AND REINVESTMENT ACT FUND.

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 all after the first sentence; and

(3) by adding at the end the following:

‘‘(b) Amounts transferred to the Secretary under section 5(b)(5) of the Conservation and Reinvestment Act of 1999 in a fiscal year shall be deposited into the Fund
18

and shall be available without further appropriation, in that fiscal year, to carry out

this Act.

‘‘(c) At least 1⁄2 of the funds obligated or expended each fiscal year under this Act

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.’’.

SEC. 502. STATE USE OF HISTORIC PRESERVATION ASSISTANCE FOR NATIONAL HERITAGE

AREAS AND CORRIDORS.

Title I of the National Historic Preservation Act (16 U.S.C. 470a and following)

is amended by adding at the end the following:

‘‘SEC. 114. STATE USE OF ASSISTANCE FOR NATIONAL HERITAGE AREAS AND CORRIDORS.

‘‘In addition to other uses authorized by this Act, amounts provided to a State

under this title may be used by the State to provide financial assistance to the management entity for any national heritage area or national heritage corridor established under the laws of the United States, to support cooperative historic preservation planning and development.’’.

TITLE VI—FEDERAL AND INDIAN LANDS

RESTORATION

SEC. 601. 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. 602. TREATMENT OF AMOUNTS TRANSFERRED FROM CONSERVATION AND REINVESTMENT ACT FUND; ALLOCATION.

(a) IN GENERAL.—Amounts transferred to the Secretary of the Interior and the

Secretary of Agriculture under section 5(b)(6) of this Act in a fiscal year shall be

available without further appropriation, in that fiscal year, to carry out this title.

(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.
19

(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 of 1994 (25 U.S.C. 479a–1).

TITLE VII—CONSERVATION EASEMENTS AND

ENDANGERED AND THREATENED SPECIES

RECOVERY

Subtitle A—Conservation Easements

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 easements 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 AND REINVESTMENT ACT FUND.

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 Easement Program established by section 704.

SEC. 704. CONSERVATION EASEMENT PROGRAM.

(a) GRANTS AUTHORIZED; PURPOSE.—The Secretary of the Interior shall establish

and carry out a program, to be known as the ‘‘Conservation Easement 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 in land with prime, unique, or other productive uses.

(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

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 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
20

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 Conservation Easement 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 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 AND REINVESTMENT ACT FUND.

Amounts transferred to the Secretary of the Interior under section 5(b)(7)(B) of

this Act 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. 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 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 section 10(a)(1)(B) of the Endangered Species Act of 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 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 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 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
21

or management obligations by the person in addition to any such obligations of

the person under such programs.

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 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;
22

(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 of 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.

PURPOSE OF THE BILL

The purpose of H.R. 701 is to provide Outer Continental Shelf

Impact Assistance to State and local governments, to amend the

Land and Water Conservation Fund Act of 1965, the Urban Park

and Recreation Recovery Act of 1978, 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.

BACKGROUND AND NEED FOR LEGISLATION

H.R. 701, the Conservation and Reinvestment Act of 1999

(CARA), reinvests revenue created from the development of non-renewable resources into renewable resources of conservation and

recreation.

For decades, programs that improve the quality of American life

and conserve important natural resources have not received adequate levels of funding, especially those programs that provide for

local decision making. CARA addresses this national need in seven

titles:

Title I provides $1 billion each year to create a revenue sharing

and coastal conservation fund for coastal states and eligible local

governments to mitigate the various impacts of outer continental

shelf (OCS) activities and provide monies for the conservation of

coastal ecosystems. In fact, several provisions ensure that the valuable funding provided by this Title does not prove to be an incentive to develop areas subject to a pre-leasing, leasing, or development moratorium. The amount of OCS revenues available for distribution under CARA is limited to the amount of royalties, bonus

bids and rents received by the United States from existing OCS

producing tracts. CARA specifically excludes any tract that is within a leasing moratorium on January 1, 1999. The five-year review

period provided for by CARA ensures that as oil and gas development patterns change in non-moratoria areas, the funding allocations to the producing States are kept in sync with the amount of

OCS production and subsequent impacts to their coastlines. Again,

the five-year recalculation specifically includes leases or tracts

under a moratoria or not in production on January 1, 1999. Thus,

because the five-year update to the distribution formula ‘‘snapshot’’

occurs as development patterns change in the Gulf of Mexico and

other non-moratoria areas, the allocations adequately address the

unintended impacts of that development. Lastly, since any new development would be part of the ratio of all offshore oil and gas de-
23

velopments, any new single development would create a negligible

difference in a State’s share, thus eliminating any perceived incentive.

Title II provides $900 million to guarantee stable and annual

funding for the Land and Water Conservation Fund (LWCF) at its

authorized level. This dedicated funding would provide for both the

State and Federal programs included in the LWCF, while protecting the rights of private property owners. H.R. 701 equally divides the $900 million between the State and Federal programs.

The State portion would be entirely distributed to States and U.S.

insular areas via the formula set forth in H.R. 701.

Title III provides $350 million for wildlife conservation and education, which includes funding for game and nongame species. This

Title distributes the funds through the successful mechanism of the

Federal Aid in Wildlife Restoration Act (commonly known as the

Pittman-Robertson Act). The new source of Federal funding is nearly double the funds available through the Pittman-Robertson Act

and the Federal Aid in Sportfish Restoration Act (commonly known

as the Dingell-Johnson Act). Since 1937, these programs have contributed more than $5 billion, matched by the States, to benefit

conservation of wildlife and fish.

Title IV provides $125 million to be used for Urban Park and

Recreation Recovery Act of 1978 matching grants for local governments to rehabilitate recreation areas and facilities, and provides

for the development of improved recreation programs, sites and facilities.

Title V provides $100 million for the programs within the Historic Preservation Act, including grants to the States, maintaining

the National Register of Historic Places, and administering numerous historic preservation programs, including support for Congressionally-authorized Heritage areas and corridors. Title VI provides $200 million 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. Title VII provides $150 million for annual and dedicated funding

for conservation easements and funding for landowner incentives to

aid in the recovery of endangered and threatened species.

Finally, since oil and gas royalty payments are not deposited into

the Federal Treasury as an end-of-year lump sum under CARA,

revenue held within the ‘‘CARA Fund’’ accrues interest. Up to $200

million of this annual interest will match, dollar for dollar, the

amount appropriated during the appropriations process for the

Payment In-Lieu of Taxes and Refuge Revenue Sharing programs.

This provision is intended to fully fund these two programs.

COMMITTEE ACTION

H.R. 701 was introduced on February 10, 1999, by Congressman

Don Young (R-AK). The bill was referred to the Committee on Resources.

On March 9 and 10, 1999, the Committee held a two-day hearing

on the bill, where 28 witnesses testified on both H.R. 701 and H.R.

798, a bill authored by Congressman George Miller (D-CA). Panels

included current and former Members of Congress, governors,
24

county commissioners, mayors, and representatives of national advocacy groups. This first hearing was an overview of both H.R. 701

and H.R. 798. See, Committee on Resources Printed Hearing 106–

14.

After the Washington, D.C. hearings, the Committee held a series of field hearings across the country. On March 31, 1999, the

first field hearing was held in Anchorage, Alaska, on both H.R. 701

and H.R. 798. This hearing was also general in nature, but emphasized wildlife funding and the perspectives of a coastal state that

develops and produces oil and gas resources. Many of the witnesses

discussed the positive benefits of providing funding for wildlife conservation included within Title III of H.R. 701. Testimony was also

received from a representative of British Petroleum, Ms. Cindi Bailey. Ms. Bailey explained to the Committee that neither H.R. 701

nor H.R. 798 would create an incentive for new oil and gas development. See, Committee on Resources Printed Hearing 106–18.

On May 3, 1999, the Committee held its second field hearing in

New Orleans, Louisiana. The central topic of this hearing was to

show the Committee the annual impacts on the coastline of Louisiana caused by an array of activities, including the activities relating to offshore mineral production. The Committee learned that,

in recent years, annual land loss rates due to coastal erosion in

Louisiana have exceeded 40 square miles and that this loss represents 80% of all coastal wetlands loss in the country. While offshore oil and gas activities have had unintended consequences in

some cases, the Committee learned that another important factor

in the wetland loss has been the channeling of the Mississippi

River. The series of levees and other water control mechanisms

have cut off river sediment important to counter erosion problems

in the State. The funding provided in H.R. 701 will provide financial resources necessary to protect and conserve our Nation’s coastline. See, Committee on Resources Printed Hearing 106–18.

On June 12, 1999, the Committee held the third and final field

hearing in Salt Lake City, Utah. This hearing focused on the concerns of large public land states concentrated in the West. Testimony was received that gave the Committee valuable insight regarding land acquisition issues within States with high percentages

of federal ownership. See, Committee on Resources Printed Hearing 106–40.

For months following the five days of Committee hearings, a bipartisan group of eight Members met to craft a compromise between H.R. 701 and H.R. 798. The Members who participated in

these meetings were Congressman Young, Congressman Miller,

Congressman Billy Tauzin (R-LA), Congressman John Dingell (DMI), Congressman Richard Pombo (R-CA), Congressman Bruce

Vento (D-MN), Congressman Chris John (D-LA), and Congressman

Tom Udall (D-NM). The compromise language that Congressman

Young offered as an amendment in the nature of a substitute during the Committee mark-up was formed during more than 12 meetings, totaling tens of hours of negotiations. Mr. Pombo was successful in including language to address many of the land acquisition

concerns the Committee learned about during the hearings.

On November 10, 1999, the Committee met to mark up the bill.

As mentioned above, Congressman Young of Alaska offered an
25

amendment in the nature of a substitute (Young ANS). Congressman Jim Hansen (R-UT) offered an amendment to the Young ANS.

The amendment would require 2⁄3 of the Federal funds available for

Land and Water Conservation Fund acquisitions be spent east of

the Mississippi River. The amendment failed on voice vote. Congresswoman Barbara Cubin (R-WY) offered an amendment to the

Young ANS which would not allow the acquisition of land under

H.R. 701 if the acquisition resulted in more land in Federal ownership than existed upon the date of enactment. The Cubin amendment failed by a roll call vote of 14–24, as follows:
26
27

Congressman Ken Calvert (R-CA) offered an amendment to the

Young ANS which would limit the amount of funds for the condemnation of lands. The amendment failed on a roll call vote of 17–

30, as follows:
28
29

Congressman John T. Doolittle (R-CA) offered an amendment to

the Young ANS which would add a list of surplus lands under the

administrative jurisdiction of the Secretary of the Interior and the

Secretary of Agriculture, for which there is no demonstrated compelling program need, to the annual report required by H.R. 701.

It was adopted by voice vote.

Congressman Pombo offered an amendment to the Young ANS

which would limit the ability of the Federal Government to regulate private lands and clarify the rights of inholders inside Federal

land boundaries. The amendment failed on a roll call vote of 14–

28, as follows:
30
31

Congressman Cubin of Wyoming offered another amendment to

the Young ANS which would sunset the bill in 2005. It failed by

voice vote. Congressman Helen Chenoweth-Hage (R-ID) offered an

amendment to the Young ANS which would require Payments in

Lieu of Taxes and Refuge Revenue Sharing be fully funded before

funding is distributed to the other programs under CARA. The

amendment failed by voice vote. Mrs. Chenoweth-Hage offered another amendment to the Young ANS which would require that

nothing in the Act be construed to result in the net loss of acreage

available for hunting. The amendment failed by voice vote. Mrs.

Chenoweth-Hage offered another amendment to the Young ANS

which would mandate that the State within which the acquisition

is to take place approve any acquisition that would use the Federal

portion of the Land and Water Conservation Fund to acquire land

or water. The amendment failed on a voice vote. Mrs. ChenowethHage offered another amendment to the Young ANS which would

not allow the Federal portion to be used to acquire any parcel of

land more than 100 acres in the State of Idaho. The amendment

failed on a roll call vote of 13–28, as follows:
32
33

Congressman Greg Walden (R-OR) offered an amendment to the

Young ANS which would not allow the purchase with the Federal

portion of land in counties where 35 percent or more of the lands

are administered by the United States Department of Agriculture,

the Department of the Interior (excluding tribal lands) or the Department of Defense or any combination thereof, unless that acquisition is specifically approved by the government of the county. The

amendment failed on voice vote. Congressman Jim Gibbons (R-NV)

offered an amendment to the Young ANS which would provide for

the disposal of public lands. The amendment was withdrawn. Congressman Bob Schaffer (R-CO) offered an amendment to the Young

ANS which would not allow any funds to be used for the implementation of the American Heritage Rivers Initiative. The amendment

failed by a roll call vote of 20–24, as follows:
34
35

Congressman Thomas G. Tancredo (R-CO) offered an amendment

to the Young ANS which would increase the funding for the Urban

Park and Recreation Recovery Program to $350 million. The

amendment failed on a voice vote. Congressman Rick Hill (R-MT)

offered an amendment to the Young ANS which would require that

no action be taken under Title VII, Subtitle B, to introduce grizzly

bears in Idaho and Montana. The amendment failed by voice vote.

Congressman Hill offered an amendment to the Young ANS which

would require a specific plan from the Secretary of the Interior and

Agriculture for acquisitions in the State of Montana. The amendment failed by a roll call vote of 16–25, as follows:
36
37

The previous question was ordered on the bill by voice vote. The

Young ANS, as amended, was then adopted by voice vote. The bill

as amended was then ordered favorably reported to the House of

Representatives by a roll call vote of 37–12, as follows:
38
39

PARTIAL SECTION-BY-SECTION ANALYSIS

Section 4. Annual reports

Subsection (a) requires the Governors of each State receiving

monies from the Fund to prepare a report, in accordance with regulations the Secretary of the Interior promulgates, accounting for

the money received, including the funded projects and activities.

Subsection (b) requires the Secretary of the Interior, in consultation with the Secretary of Agriculture, to submit an annual report

to Congress documenting monies the Departments have spent out

of the Fund and summarizing the Governors’ reports required by

Section 4(a).

Section 5. Conservation and Reinvestment Act Fund

Subsection (a) establishes the Conservation and Reinvestment

Act Fund and provides that Secretary of the Treasury deposit monies from the following sources into the Fund: (1) OCS Revenues up

to $2.825 billion; (2) amounts not dispersed from the Impact Assistance and Coastal Conservation Fund; (3) interest earned but not

dispersed for Payment In Lieu of Taxes (PILT), Refuge Revenue

Sharing, and for the purposes of the North American Wetlands

Conservation Act.

Subsection (b) directs the Secretary of the Treasury to transfer,

starting in Fiscal Year 2001, all amounts in the fund for specific

programs, including to the Secretary of the Interior for purposes of

making payments under this Act: $1 billion for Impact Assistance and Coastal Conservation;

$900 million to fund the Land and Water Conservation

Fund;

$350 million for Wildlife Conservation;

$125 million for Urban Parks;

$100 million for Historic Preservation;

$200 million for Federal and Indian Land Restoration; and

$150 million ($100 million for Permanent Conservation Easements/$50 million for Threatened and Endangered Species Recovery).

Subsection (c) provides that any shortfalls proportionally reduce

the above sums.

Subsection (d) provides that up to $200 million of the interest

generated by the Conservation and Reinvestment Act Fund be used

to match the annual appropriations directed toward the programs

of Payment In Lieu of Taxes and Refuge Revenue Sharing, up to

their authorized levels, except that the interest attributed to Title

III will be directed to North American Wetlands Conservation Act

of 1989, as the Pittman-Robertson Act currently provides.

Subsection (e) provides that refunds are taken from the Conservation and Reinvestment Act Fund.

During the Full Committee markup of CARA, there was some

discussion about the removal of a 10.5 million ton pile of uranium

mill tailings abutting the entrance to the Arches National Park in

Utah, only 500 feet from the Colorado River. This is also where

America’s biking mecca, Moab, is located. There may be broad conservation and recreational benefits to removing the tailings, and it

may be a case that is consistent with the goals of this legislation.
40

Section 6. Limitation of use of available amounts for administration

This Section provides that no more than 2% of the amounts provided for a program can be expended for administrative expenses.

No funds may be drawn from the wildlife title for administration.

Section 7. Budgetary treatment of receipts and disbursements

This Section addresses the budgetary treatment of the receipts

into and disbursements out of the Fund.

Section 8. Recordkeeping requirements

This Section requires the Secretary to establish rules concerning

the record keeping and auditing of State and local governments expending monies from the Fund.

Section 9. Maintenance of effort and matching funding

This Section encourages the maintenance of State and local funding. With one exception, the State or local government must maintain or increase its funding to qualify for the Federal funds. The

purpose of H.R. 701 is to supplement and increase State, local, and

non-federal funding for the delineated conservation programs. This

Section also clarifies that amounts received by a State or local government from the Fund are treated as Federal funds for matching

fund purposes.

Section 10. Sunset

This Section directs that the Conservation and Reinvestment Act

of 1999 sunsets after September 30, 2015.

Section 11. Protection of private property rights

Subsection (a) states that H.R. 701 does not authorize the taking

of private property, in whole or in part, without just compensation.

Subsection (b) provides that Federal agencies may not regulate

lands or interest therein until such lands, water, or interests have

been acquired by the Federal Government, except in those circumstances where a specific Act authorizes such regulation.

Section 12. Signs

This Section provides that the Secretary of the Interior will design a standardized sign and, where appropriate, require its installation at sites receiving funds under H.R. 701.

Title I—Impact Assistance and Coastal Conservation

Section 101. Impact assistance formula and payments

Section 101(a) directs the Secretary of the Interior to transfer the

funds established under Section 6(b) to coastal States which have

a Secretary-approved ‘‘Coastal State Conservation and Impact Assistance Plan,’’ agree to provide reports, and have necessary fiscal

control and fund accounting procedures.

Sections 101(b)(1) and (b)(2) set forth the formula for which

funds shall be directly distributed to coastal States and Territories.

As noted in the definitions, a coastal State has the same definition

found in the Coastal Zone Management Act (CZMA). Under the

Title I formula, only those States which have the same definition
41

as the CZMA receive Title I funds. Eligible States will receive an

annual distribution based on the following formula: 50% shall be

based both on the inverse relationship between the minimum distance from a State’s coastline to the OCS lease tracts within 200

miles of that coastline and the revenues attributed to those leases;

25% shall be based on the ratio of each eligible coastal State’s

coastline to the total of all coastal States’ coastlines; and 25% shall

be based on the ratio of each coastal State’s population to the total

population for all coastal States.

Furthermore, the ‘‘disincentive’’ language included in the definition of ‘‘qualified OCS revenues’’ is reiterated in subsection (b) to

emphasize that the 50% portion of States’ allocations, which is

based on proximity to production, is restricted to those areas which

are not in moratoria areas, unless a lease had been issued and was

producing prior to January 1, 1999.

When using the defined term ‘‘producing State’’ in Section

101(b)(2) and in all other sections in this Title, it is the intent of

the Committee that ‘‘coastal seaward boundary’’ distinguish between those States which have coastlines within 200 miles of production and those States which merely have inland geographic

boundaries within 200 miles of a producing offshore lease.

Section 101(b)(3) provides a minimum share for coastal States

and a provision to ensure that the total funding provided to coastal

States does not exceed 100% of the funds available under the Title.

Section 101(c) sets forth that 50% of a producing State’s share

will be distributed to coastal political subdivisions within the coastal zone by the same formula that determines the State portion.

Counties in California with a coastal shoreline, one or more oil refineries, and that are beyond 200 miles of a producing lease will

be considered as if located within a distance of 50 miles from the

geographic center of any leased tract.

Section 101(d) sets forth that payments to coastal States and to

coastal political subdivisions shall be made no later than December

31 in any year.

Section 102. Coastal State conservation and impact assistance plans

This Section sets up the process by which the Secretary of the

Interior provides monies from the Fund to the coastal States. The

coastal State must prepare and submit a plan that the Secretary

shall approve, so long as the plan is consistent with the uses set

forth in this Section, after consultation with the Secretary of Commerce. The State must involve the public in the preparation of the

plan. The Secretary will use the plans to ensure that the State’s

use of monies from the Fund is consistent with the authorized uses.

Title II—Land and Water Conservation Fund Revitalization

Section 201. Amendment of Land and Water Conservation Fund Act

of 1965

This Section simply provides that any references to amendment

or repeal of a statute refers to the Land and Water Conservation

Fund Act of 1965 (‘‘LWCF’’), unless otherwise expressly provided.
42

Section 202. Extension of fund; treatment of amounts transferred

from Conservation and Reinvestment Act Fund

This Section amends the LWCF to recognize the transfer of funds

under H.R. 701 into the LWCF.

Section 203. Availability of amounts

This Section makes available $900 million for purposes of the

LWCF, without further appropriation.

Section 204. Allocation of fund

This Section amends the LWCF to allocate the funds between the

Federal Government (50%) and States (50%).

Section 205. Use of Federal portion

This Section specifies how the Federal Government can use the

funds. The Federal portion can be used for projects only after each

acquisition is specifically approved (in a line-item) within the text

of an Act making appropriations for the Department of the Interior

or the Department of Agriculture. The Federal portion can be used

only to acquire lands from willing sellers, unless referred to and

approved by Congress. The Federal portion can only be used to acquire any interest in lands or water after they are included in the

list of acquisitions that were approved by Congress. The Secretaries of the Interior and Agriculture must prepare and transmit

to Congress a list of lands proposed for acquisition and must follow

guidelines laid out in this Section. The intent of the list is to inform Congress, other affected governmental entities, and the public

of the intentions of the agencies and the need, if any, for Congress

to take action. Under the Doolittle amendment to this Section, a

list of surplus lands under the administrative jurisdiction of the

Secretary of the Interior and the Secretary of Agriculture, for

which there is no demonstrated or compelling need, must be included in the annual report required by this Section. During the

consideration of the Doolittle amendment, the acceptance of the

amendment was subject to an understanding that further clarification may be required.

Except for acquisitions specifically authorized by a Federal law,

Federal funds are not available for a particular project until there

is compliance with all applicable laws, and relevant environmental

documents prepared for the project, are provided to Congress and

other affected entities and persons.

Section 206. Allocation of amounts available for State purposes

Under this Section, the Secretary of the Interior apportions the

monies available from the Fund to the States. The Section sets

forth the distribution formula for the States (30% equally among

all States and 70% based upon population). The Secretary also

shall allocate monies to the District of Columbia and named Territories as if they were States. Indian tribes and Alaska Native Corporations are also eligible to compete for funding in the form of

competitive grants. For the purposes of this Act, Tribes and Native

Corporations are considered to be a State solely for the purposes

of the distribution formula. It is not the intent to elevate or diminish their status in other laws or sections of H.R. 701. Absent com-
43

pelling reasons to the contrary, the States shall allocate at least

50% to local governments.

Section 207. State planning

This Section provides that each State will set its own priorities

and criteria for selecting eligible projects, as long as the public is

involved in the process and the State publishes a ‘‘State Action

Agenda’’ within five years of enactment of CARA. The State Action

Agenda should take into account Federal, regional, and local government resources and plans for similar activities and correlate

State activities with these activities. Until the State Action Agenda

is in place (but no later than five years from enactment of CARA),

the State shall rely on its existing Comprehensive State Plan.

Section 208. Assistance to States for other projects

This Section amends LWCF to allow States to use funding for

costs relating to acquisition, including costs incurred during land

exchanges, and to provide for public safety.

Section 209. Conversion of property to other use

This Section amends the process for approval of conversion of

State properties that no longer qualify as an outdoor conservation

and recreation facility or are unsafe for such use. The Secretary

must ensure that other conservation and recreation properties take

the place of the converted properties.

Section 210. Water rights

This Section clarifies that nothing in the newly amended LWCF

affects any water law or interstate compact governing water, alters

any allocations of water rights, or creates any new water rights.

Title III—Wildlife Conservation and Restoration

Section 301. Purposes

This Section sets forth the purposes of this Title, which are: (1)

to extend the assistance to the States under the longstanding Federal Aid in Wildlife Restoration Act (popularly called the ‘‘PittmanRobertson Act’’), including for the benefit of wildlife and habitat; (2)

to promote sound conservation policies; (3) to encourage participation between the States and the Federal Government, other State

agencies, and private conservation and recreation organizations;

and (4) to promote public involvement in these processes.

Section 302. Definitions

This Section sets forth definitions of key terms which recur

throughout the Title, including (a) ‘‘Federal Aid in Wildlife Restoration Act’’; (b) ‘‘Wildlife Conservation and Restoration Program’’; (c)

‘‘State Agencies’’; and (d) ‘‘Conservation.’’ While the term ‘‘Conservation’’ does allow funds to be used for wildlife damage management, it is not intended that these funds be used for controlling

wildlife damage to livestock and agricultural crops.
44

Section 303. Treatment of amounts transferred from Conservation

and Reinvestment Act Fund

This Section amends the Pittman-Robertson Act to create a new

subaccount within the Pittman-Robertson Act (the ‘‘wildlife conservation and restoration account’’) and designates the purposes of

the new funding. This new funding is a supplement, not a replacement, for existing funding.

The States shall use it to develop, revise and implement wildlife

conservation and restoration programs, particularly to meet the

unmet needs of a wide array of wildlife and habitats, including

game and non-game species. Funding is available for new and existing programs related to conservation, conservation education,

and wildlife-associated recreation. These new supplemental monies

are not designated by CARA for any particular form of wildlife

management or restoration efforts.

Section 304. Apportionment of amounts transferred from Conservation and Reinvestment Act Fund

This Section sets forth the apportionment of the CARA funds to

the States, the District of Columbia, and the U.S. Territories. It

sets amounts going to the District of Columbia and the Territories

as a percentage of the amount transferred to the LWCF from the

CARA fund, and amounts going to the individual States based

upon a formula of 1/3 based upon land area and 2/3 based upon

population, with upper and lower limits. This Title provides a Federal match and requires the States to provide 25 percent of the

project costs.

This Section also sets forth the process by which States apply for

funds, describes the circumstances under which the Secretary of

the Interior approves the program and distributes the funds (including the requirement for a State plan), places limits on funding

related to wildlife-associated recreation, and clarifies the inapplicability of certain other laws.

Section 305. Education

This Section clarifies that amounts transferred to the ‘‘wildlife

conservation and restoration account’’ from the CARA fund are

available for wildlife conservation education. This Section prohibits

funds from CARA being used for programs that oppose the regulated taking of wildlife.

Section 306. Prohibition against diversion

It is the intent of the Committee that States fund this program,

and other programs within this CARA, from new or excess funds

from existing sources of revenue to leverage this new Federal contribution. Also, States that divert revenue available to it for conservation of wildlife to other purposes will not be eligible to receive

matching funds under this Title.
45

Title IV—Urban Park and Recreation Recovery Program

Amendments

Section 401. Amendment of Urban Park and Recreation Recovery

Act of 1978

This Section provides that any references to amendment or repeal of a statute refers to the Urban Park and Recreation Recovery

Act of 1978 (UPARR), unless otherwise expressly provided.

Section 402. Purpose

This Section sets forth the purpose of the Title, which is to provide a dedicated source of funding to assist local governments in

improving their park and recreation systems.

Section 403. Treatment of amounts transferred from Conservation

and Reinvestment Act Fund

This Section establishes that amounts transferred from the

CARA fund to the Secretary shall be available to carry out UPARR

and sets limits on the use of these amounts.

Section 404. Authority to develop new areas and facilities

This Section adds the development of new recreation areas and

facilities to the items for which funds under UPARR can be expended.

Section 405. Definitions

This Section sets forth definitions of key terms which recur

throughout the Title, including ‘‘development grants’’ and ‘‘Secretary.’’

Section 406. Eligibility

This Section establishes that the Secretary shall determine need

for assistance under UPARR.

Section 407. Grants

This Section provides that the Secretary may provide 70% matching funds to eligible general purpose local governments (or its

transferee) for rehabilitation, development, and innovation purposes, after the Secretary approves an application for such funds.

Section 408. Recovery Action Programs

This Section makes an amendment to the section of UPARR regarding Recovery Action Programs.

Section 409. State action incentives

This Section requires that the Secretary and the general purpose

local governments should coordinate their recovery action plans

with State plans under the LWCF and that the Secretary shall encourage States to rely on the local planning documents.

Section 410. Conversion of recreation property

This Section provides that to the extent a local property is developed with Federal funds under this Title, the local government

must not convert the property to another use without the Sec-
46

retary’s approval. The Secretary should approve the conversion

only if no other feasible alternative exists and there will be a substitution for the converted property.

Section 411. Repeal

This Section repeals Section 1015 of UPARR (16 U.S.C. 2514).

Title V—Historic Preservation Fund

Section 501. Treatment of amounts transferred from Conservation

and Reinvestment Act Fund

This Section establishes that amounts transferred from the

CARA fund to the Secretary shall be available to carry out the National Historic Preservation Act (NHPA) and sets limits on the use

of these amounts.

Section 502. State use of historic preservation assistance for national heritage areas and corridors

This Section adds authority for the Secretary to use monies in

the NHPA fund to financially assist the manager of any national

heritage area or corridor.

Title VI—Federal and Indian Lands Restoration

Section 601. Purpose

This Section sets forth the purpose of the Title, which is to provide a dedicated source of funding for a coordinated program on

Federal and Indian lands to restore degraded lands, protect threatened resources and promote public health and safety.

Section 602. Treatment of amounts transferred from Conservation

and Reinvestment Act Fund; allocation

This Section establishes that amounts transferred from the

CARA fund ($200 million) to the Secretary shall be available to

carry out this Title. Sixty percent of these funds are allocated to

the Interior Department for National Park, U.S. Fish and Wildlife

Service and Bureau of Land Management land projects. Thirty percent is allocated for the National Forest System and ten percent for

qualified Indian tribes.

Section 603. Authorized uses of transferred amounts

This Section limits the use of funds under this Title to enumerated land restoration projects, resource protection, maintenance activities and protection of health and safety. It also sets up a competitive grant program for Indian Tribes seeking such funds. Each

Secretary is obligated to prepare priority lists for the use of available funds, including the funds for the Indian Tribe’s competitive

grant program.

Section 604. Indian Tribe defined

This Section limits ‘‘Indian Tribe’’ to those recognized under section 104 of the Federally Recognized Indian Tribe List Act of 1994.
47

Title VII—Conservation Easements and Endangered and

Threatened Species Recovery

SUBTITLE A—CONSERVATION EASEMENTS

Section 701. Purpose

This Section sets forth the purpose of the subtitle, which is to

provide a dedicated source of funding for programs to provide

matching funds to help purchase permanent conservation easements. During the Committee consideration of CARA, there was

some discussion regarding how and under what conditions will conservation easements be granted and whether the Secretary of the

Interior was the best administrator for the program. The author of

the bill agreed to continue working to define this Title before the

bill is considered on the Floor.

Section 702. Treatment of amounts transferred from Conservation

and Reinvestment Act Fund

This Section authorizes the Secretary to use funds transferred from the CARA fund ($100 million) to carry out the subtitle.

Section 703. Authorized uses of transferred amounts

This Section authorizes the Secretary to use amounts available

under Section 702 for the Conservation Easement Program (Section

704).

Section 704. Conservation easement program

This Section establishes a new program under which the Secretary provides grants to a State or local government, an Indian

Tribe, or certain private organizations to acquire and enforce permanent conservation easements. The State shall certify that the

conservation easement is sufficient under State law to achieve the

conservation purpose. The Secretary may use no more than 10% of

the available funds for technical assistance to carry out the section.

This program has a 50/50 matching requirement.

SUBTITLE B—ENDANGERED AND THREATENED SPECIES RECOVERY

Section 711. Purposes

This Section sets forth the purposes of the subtitle, which are to

provide a dedicated source of funding for an incentive program to

promote the recovery of endangered and threatened species and

their habitats and greater involvement by non-Federal entities in

these efforts.

Section 712. Treatment of amounts transferred from Conservation

and Reinvestment Act Fund

This Section authorizes the Secretary to use amounts available

($50 million) to carry out this subtitle.

Section 713. Endangered and threatened species recovery assistance

This Section authorizes financial assistance to anyone developing

and implementing an ‘‘Endangered and Threatened Species Recovery Agreement’’ approved by the Secretary and establishes priorities, qualifications, and restrictions on the assistance.
48

Section 714. Endangered and threatened species recovery agreements

This Section authorizes the Secretary to enter into Endangered

and Threatened Species Recovery Agreements and sets forth the

terms that these agreements must contain. The Section also requires the Secretary to review and approve any proposed agreement if the Secretary determines that it complies with this section.

Finally, the Secretary must monitor the implementation of the

agreement and, if the agreement is satisfactorily being implemented, disburse the funds.

During the markup of CARA, Congressman Young and Congressman Joel Hefley (R–CO) engaged in a colloquy to discuss the conservation easement language contained within Title VII of the

Young amendment. Congressman Hefley, with his experience in

conservation easement legislation, wanted to ensure that funds

provided for conservation easements would be available to preserve

the living landscape of farming and ranching communities. Chairman Young agreed that his amendment did so.

Section 715. Definitions

This Section sets forth definitions of key terms which recur

throughout the subtitle, including ‘‘Endangered or Threatened Species’’; ‘‘family farm’’; ‘‘Secretary’’; ‘‘small landowner’’ (individuals

with 50 acres or less land); and ‘‘Species Recovery Agreement.’’

COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of Rule XIII

of the Rules of the House of Representatives, the Committee on Resources’ oversight findings and recommendations are reflected in

the body of this report.

CONSTITUTIONAL AUTHORITY STATEMENT

Article I, section 8 and article IV, section 3 of the Constitution

of the United States grant Congress the authority to enact this bill.

COMPLIANCE WITH HOUSE RULE XIII

1. Cost of Legislation.—Clause 3(d)(2) of rule XIII of the Rules

of the House of Representatives requires an estimate and a comparison by the Committee of the costs which would be incurred in

carrying out this bill. However, clause 3(d)(3)(B) of that rule provides that this requirement does not apply when the Committee

has included in its report a timely submitted cost estimate of the

bill prepared by the Director of the Congressional Budget Office

under section 402 of the Congressional Budget Act of 1974.

2. Congressional Budget Act.—As required by clause 3(c)(2) of

rule XIII of the Rules of the House of Representatives and section

308(a) of the Congressional Budget Act of 1974, this bill does not

contain an increase or decrease in revenues or tax expenditures.

3. Government Reform Oversight Findings.—Under clause 3(c)(4)

of rule XIII of the Rules of the House of Representatives, the Committee has received no report of oversight findings and rec-
49

ommendations from the Committee on Government Reform on this

bill.

4. Congressional Budget Office Cost Estimate.—Under clause

3(c)(3) of rule XIII of the Rules of the House of Representatives and

section 403 of the Congressional Budget Act of 1974, the Committee has received the following cost estimate for this bill from the

Director of the Congressional Budget Office:

U.S. CONGRESS,

CONGRESSIONAL BUDGET OFFICE.

Washington, DC, February 16, 2000.

Hon. DON YOUNG,

Chairman, Committee on Resources,

House of Representatives, Washington, DC.

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 7091, the Conservation

and Reinvestment Act of 1999.

If you wish further details on this estimate, we will be pleased

to provide them. The CBO staff contact is Deborah Reis.

Sincerely,

BARRY B. ANDERSON

(For Dan L. Crippen).

Enclosure.

CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

H.R. 701—Conservation and Reinvestment Act of 1999

SUMMARY

CBO estimates that enacting H.R. 701 would increase direct

spending by about $1.4 billion in fiscal year 2002 and by a total

of $7.8 billion through fiscal year 2005. Assuming appropriation of

the authorization amounts, the bill would also result in discretionary spending totaling about $3.7 billion over this period. Because the bill would affect direct spending, pay-as-you-procedures

would apply.

H.R. 701 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act (UMRA).

The spending authorized by the bill would include grants for state,

local, and tribal governments. Any cost incurred by these governments to meet the conditions of assistance would be voluntary.

Direct Spending

H.R. 701 would establish the Conservation and Reinvestment Act

(CARA) Fund within the Treasury. Beginning in fiscal year 2001,

the Secretary of the Treasury would make annual deposits into this

fund of about $2.8 billion from oil and natural gas royalties and

other income derived from exploration and development of the

Outer Continental Shelf (OCS). Each year thereafter, the Secretary

would transfer this money to certain existing federal funds and accounts for land conservation, acquisition, and management. Most of

this money-about $2.4 billion a year—would be available for spending without further appropriation actions. The balance—$450 million annually—could not be spent without Congressional approval
50

in a subsequent appropriation act. Finally, the bill would allow a

portion of the interest earnings of the CARA Fund—an estimated

$18 million annually—to be spent without further appropriations

action.

Discretionary Spending

The bill also would authorize appropriations for existing federal

programs. Section 203 would authorize the appropriation of $900

million from the Land and Water Conservation Fund for fiscal year

2002 and each year thereafter. In addition, $450 million from the

CARA Fund would become available to the Land and Water Conservation Fund each year, pending Congressional approval, in an

appropriation act, of properties to be acquired with these funds.

Also, section 5 would authorize the appropriation of about $53 million a year, from interest earned on amounts in the CARA Fund,

for payments to local governments in lieu of taxes and for revenuesharing payments related to wildlife refuges.

Budgetary Treatment

Section 7 would designate all receipts and spending associated

with this bill as off-budget, meaning that all affected cash flows

would no longer be subject to budgetary controls of the Congressional Budget Act and the Balanced Budget and Emergency Deficit

Control Act.

Estimated cost to the Federal Government: CBO estimates that

enactment of H.R. 701 would provide new budget authority of

about $9.6 billion over the 2005–2005 period. This amount includes

$9.5 billion as specified in section 5 and about $70 million from interest earnings. Total outlays from new direct spending authority

would be about $1.4 billion in fiscal year 2002 and about $7.8 billion through 2005.

We estimate that the bill also would authorize the appropriation

of $5.6 billion over the 2000–2005 period, including over $5.4 billion from the Land and Water Conservation Fund and about $200

million from interest earned on balances in the CARA Fund. Assuming appropriation of these amounts, CBO estimates that the resulting discretionary outlays would total $391 million in 2002 and

$3.7 billion through 2005.

The estimated budgetary impact of H.R. 701 is shown in the following table. The costs of this legislation fall within budget functions 300 (natural resources and environment) and 800 (general

government).

By fiscal year, in millions of dollars

2000 2001 2002 2003 2004 2005

CHANGES IN DIRECT SPENDING

Estimated budget authority ............................................. 0 0 2,393 2,393 2,393 2,393

Estimated outlays ............................................................. 0 0 1,394 1,845 2,196 2,354

SPENDING SUBJECT TO APPROPRIATION

Spending under current law:

Budget authority ...................................................... 613 0 0 0 0 0

Estimated outlays .................................................... 411 351 122 41 4 2

Proposed changes:

Estimated authorization level ................................. 0 0 1,403 1,403 1,403 1,403
51

By fiscal year, in millions of dollars

2000 2001 2002 2003 2004 2005

Estimated outlays .................................................... 0 0 391 863 1,133 1,336

Spending under H.R. 701:

Authorization level 1 ................................................. 613 0 1,403 1,403 1,403 1,403

Estimated outlays .................................................... 411 351 513 904 1,137 1,338

1 The amount for 2000 is the amount appropriated for land acquisition ($467 million), payments in lieu of taxes ($135 million), and rev- enue-sharing payments related to wildlife refuges ($11 million).

BASIS OF ESTIMATE

For purposes of this estimate, CBO assumes that H.R. 701 will

be enacted during fiscal year 2000 and that receipts from OCS activities will be sufficient to finance the entire amounts specified to

be deposited into the CARA Fund each year. We also assume that

the full amounts allocated to each program or grantee will be disbursed and that no such amounts will be returned to the fund in

any year. Outlays for all programs have been estimated on the

basis of existing similar activities.

CARA Fund

Beginning in fiscal year 2002, H.R. 701 would provide $2.4 billion in annual budget authority, allocated to activities and programs as follows: • $1 billion to the Department of the Interior (DOI) for payments to coastal states to study and mitigate the effects of

OCS activities and for related conservation programs; • $450 million to the Land and Water Conservation Fund for

federal and state land acquisition; • A total of $575 million to provide additional funding for existing DOI grant programs, including the urban parks and

recreation program ($125 million) and historic preservation

fund ($100 million) operated by the National Park Service

(NPS), and federal wildlife restoration ($350 million) administered by the U.S. Fish and Wildlife Service (USFWS);

• $200 million to DOI, the Forest Service, and Indian tribes

for the protection of resources, including the restoration of degraded lands and related maintenance projects; and

• $150 million to the USFWS for new programs to assist

state, local, or tribal agencies and nonprofit organizations in

purchasing conservation easements, and to provide financial

assistance to any person developing and implementing recovery plans for endangered or threatened species.

In addition, $450 million from the CARA Fund would be available to be appropriated each year for federal land acquisition.

Under section 205, the Secretary of the Interior or the Secretary

of Agriculture could not spend these funds on any acquisition of

land unless such acquisition is approved by the Congress in an appropriation act. CBO therefore classifies the spending of this $450

million as discretionary spending.

Interest Earnings

In addition to the $2.4 billion of specified budget authority, section 5 also would make the interest earned from the investment of
52

balances in the CARA Fund available for fiscal assistance and

other purposes, subject to certain limitations. CBO estimates that

interest earnings on balances in the CARA Fund would be about

$70 million annually. Spending of about $53 million of annual interest earnings would be subject to appropriation; spending of the

remaining $18 million would be available without further appropriation.

Other Discretionary Spending Effects

In addition to the amounts made available without further appropriation actions from the Land and Water Conservation Fund,

H.R. 701 would authorize the appropriation of up to $1.35 billion

annually from the fund, also beginning in fiscal year 2002. Presently, there is no specific authorization of appropriations from

Land and Water Conservation Fund, which receives deposits of

about $900 million annually, mostly from OCS receipts. Federal

agencies have received fiscal year 2000 appropriations of $467 million from this fund. Assuming the annual appropriation of the

$1.35 billion authorized by the bill, CBO estimates that this provision would result in outlays of about $340 million in fiscal year

2002 and about $3.5 billion over the 2002–2005 period. Appropriations of the interest earnings from the CARA Fund would add another $53 million a year in outlays.

Budgetary Treatment

Section 7 would mandate that $2.825 billion of annual OCS receipts, as well as all federal spending governed by the bill, would

no longer be counted as receipts, budget authority, or outlays for

purposes of the federal budget, including the calculation of deficits

or surpluses. Such amounts would be exempt from budget limitations imposed under any federal statute, including annual allocations of budget authority and outlays made to Congressional committees under the Congressional Budget Act. This provision does

not affect the estimated cost of this legislation as reflected in the

table above or the treatment of this bill for Congressional

scorekeeping purposes. Implementation of H.R. 701, however,

would have the effect of reducing the on-budget surplus by a total

of $2.8 billion in fiscal year 2001 and by over $14 billion through

2005 because it would remove a portion of OCS receipts from the

on-budget accounts. It might lead to smaller on-budget appropriations for programs currently funded from the Land and Water Conservation Fund, but CBO has no basis for predicting what that effect would be. Assuming appropriation of amounts that would be

authorized by the legislation, its enactment would reduce off-budget spending by $2.8 billion in 2001 and by $2.6 billion over the

2001–2005 period.

Pay-as-you-go considerations: Section 252 of the Balanced Budget

and Emergency Deficit Control Act sets up pay-as-you-go procedures for legislation affecting direct spending or receipts. The net

changes in outlays and governmental receipts that are subject to

pay-as-you-go procedures are shown in the following table. For the

purposes of enforcing pay-as-you-go procedures, only the effects in

the current year, the budget year, and the succeeding four years
53

are counted. Pay-as-you-go scoring does not apply to off-budget

items. Therefore, the table below shows the pay-as-you-go impact

on two different bases: (1) ignoring the changes in budgetary treatment specified by section 7, and (2) reflecting only the on-budget

impacts that would result from implementing section 7.

By fiscal year, in millions of dollars

2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010

Without Change in Budgetary Treatment

Changes in outlays ........ 0 0 1,394 1,845 2,196 2,354 2,393 2,394 2,394 2,394 2,394

Changes in receipts ....... Not applicable

With Change in Budgetary Treatment

Changes in outlays ........ 0 2,825 2,825 2,825 2,825 2,825 2,825 2,825 2,825 2,825 2,825

Changes in receipts ....... Not applicable

Estimated impact on State, local, and tribal governments: H.R.

701 contains no intergovernmental mandates as defined in UMRA.

The spending authorized by this bill would include grants for state,

local, and tribal governments. These grants would be subject to

various matching, planning, and maintenance-of-effort requirements. Any expenditures necessary to meet these requirements

would be voluntary.

Estimated impact on the private sector: None.

Estimate prepared by: Federal costs: Deborah Reis and impact on

State, local, and tribal governments: Marjorie Miller.

Estimate approved by: Robert A. Sunshine, Assistant Director for

Budget Analysis.

COMPLIANCE WITH PUBLIC LAW 104–4

This bill contains no unfunded mandates.

PREEMPTION OF STATE, LOCAL, OR TRIBAL LAW

This bill is not intended to preempt any State, local, or tribal

law.

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the

House of Representatives, changes in existing law made by the bill,

as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italic,

existing law in which no change is proposed is shown in roman):

LAND AND WATER CONSERVATION FUND ACT OF 1965

* * * * * * *

TITLE I—LAND AND WATER CONSERVATION PROVISIONS

* * * * * * *

CERTAIN REVENUES PLACED IN SEPARATE FUND

SEC. 2. SEPARATE FUND.—During the period ending September

30, 2015, there shall be covered into the land and water conservation fund in the Treasury of the United States, which fund is here-
54

by established and is hereinafter referred to as the ‘‘fund’’, the following revenues and collections:

(a) * * *

* * * * * * *

ø(c)(1) OTHER REVENUES.—In addition to the sum of the revenues and collections estimated by the Secretary of the Interior to

be covered into the fund pursuant to this section, as amended,

there are authorized to be appropriated annually to the fund out

of any money in the Treasury not otherwise appropriated such

amounts as are necessary to make the income of the fund not less

than $300,000,000 for fiscal year 1977, and $900,000,000 for fiscal

year 1978 and for each fiscal year thereafter through September

30, 2015.

ø(2) To the extent that any such sums so appropriated are not

sufficient to make the total annual income of the fund equivalent

to the amounts provided in clause (1), an amount sufficient to cover

the remainder thereof shall be credited to the fund from revenues

due and payable to the United States for deposit in the Treasury

as miscellaneous receipts under the Outer Continental Shelf Lands

Act, as amended (43 U.S.C. 1331 et seq.): Provided, That notwithstanding the provisions of section 3 of this Act, moneys covered into

the fund under this paragraph shall remain in the fund until appropriated by the Congress to carry out the purpose of this Act.¿

(c) AMOUNTS TRANSFERRED FROM CONSERVATION AND REINVESTMENT ACT FUND.—In addition to the sum of the revenues and collections estimated by the Secretary of the Interior to be covered into

the fund pursuant to subsections (a) and (b) of this section, there

shall be covered into the fund all amounts transferred to the fund

under section 5(b)(2) of the Conservation and Reinvestment Act of

1999.

øSEC. 3. APPROPRIATIONS.—Moneys covered into the fund shall

be available for expenditure for the purposes of this Act only when

appropriated therefor. Such appropriations may be made without

fiscal-year limitation.¿

APPROPRIATIONS

SEC. 3. (a) IN GENERAL.—There are authorized to be appropriated

to the Secretary from the fund to carry out this Act not more than

$900,000,000 in any fiscal year after the fiscal year 2001. Amounts

transferred to the fund from the Conservation and Reinvestment Act

Fund and amounts covered into the fund under subsections (a) and

(b) of section 2 shall be available to the Secretary in fiscal years

after the fiscal year 2001 without further appropriation to carry out

this Act.

(b) OBLIGATION AND EXPENDITURE OF AVAILABLE AMOUNTS.—

Amounts 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.

* * * * * * *
55

øALLOCATION OF LAND AND WATER CONSERVATION FUND FOR STATE

AND FEDERAL PURPOSES

øSEC. 5. ALLOCATION.—There shall be submitted with the annual

budget of the United States a comprehensive statement of estimated requirements during the ensuing fiscal year for appropriations from the fund. Not less than 40 per centum of such appropriations shall be available for Federal purposes. Those appropriations from the fund up to and including $600,000,000 in fiscal year

1978 and up to and including $750,000,000 in fiscal year 1979 shall

continue to be allocated in accordance with this section. There shall

be credited to a special account within the fund $300,000,000 in fiscal year 1978 and $150,000,000 in fiscal year 1979 from the

amounts authorized by section 2 of this Act. Amounts credited to

this account shall remain in the account until appropriated. Appropriations from the special account shall be available only with respect to areas existing and authorizations enacted prior to the convening of the Ninety-fifth Congress, for acquisition of lands, waters,

or interests in lands or waters within the exterior boundaries, as

aforesaid, of—

ø(1) the National Park System;

ø(2) national scenic trails;

ø(3) the National Wilderness Preservation System;

ø(4) federally administered components of the National Wild

and Scenic Rivers System; and

ø(5) national recreation areas administered by the Secretary

of Agriculture.¿

ALLOCATION OF FUNDS

SEC. 5. Of the amounts made available for each fiscal year to

carry out this Act—

(1) 50 percent shall be available for Federal purposes (in this

Act referred to as the ‘‘Federal portion’’); and

(2) 50 percent shall be available for grants to States.

FINANCIAL ASSISTANCE TO STATES

SEC. 6. GENERAL AUTHORITY; PURPOSES.—(a) * * *

ø(b) APPORTIONMENT AMONG STATES; NOTIFICATION.—Sums appropriated and available for State purposes for each fiscal year

shall be apportioned among the several States by the Secretary,

whose determination shall be final, in accordance with the following formula:

ø(1) Forty per centum of the first $225,000,000; thirty per

centum of the next $275,000,000; and twenty per centum of all

additional appropriations shall be apportioned equally among

the several States; and

ø(2) At any time, the remaining appropriation shall be apportioned on the basis of need to individual States by the Secretary in such amounts as in his judgment will best accomplish

the purposes of this Act. The determination of need shall include among other things a consideration of the proportion

which the population of each State bears to the total population of the United States and of the use of outdoor recreation

resources of individual States by persons from outside the
56

State as well as a consideration of the Federal resources and

programs in the particular States.

ø(3) The total allocation to an individual State under paragraphs (1) and (2) of this subsection shall not exceed 10 per

centum of the total amount allocated to the several States in

any one year.

ø(4) The Secretary shall notify each State of its apportionments; and the amounts thereof shall be available thereafter

for payment to such State for planning, acquisition, or development projects as hereafter prescribed. 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 for two fiscal years thereafter shall be reapportioned by

the Secretary in accordance with paragraph (2) of this subsection, without regard to the 10 per centum limitation to an

individual State specified in this subsection.

ø(5) For the purposes of paragraph (1) of this subsection, the

District of Columbia, Puerto Rico, the Virgin Islands, Guam,

American Samoa, and the Commonwealth of the Northern

Mariana Islands (when such islands achieve Commonwealth

status) shall be treated collectively as one State, and shall receive shares of such apportionment in proportion to their populations. The above listed areas shall be treated as States for all

other purposes of this title.¿

(b) DISTRIBUTION AMONG THE STATES.—(1) Sums in the fund

available each fiscal year for State purposes shall be apportioned

among the several States by the Secretary, in accordance with this

subsection. The determination of the apportionment by the Secretary

shall be final.

(2) Subject to paragraph (3), of sums in the fund available each

fiscal year for State purposes—

(A) 30 percent shall be apportioned equally among the several

States; and

(B) 70 percent shall be apportioned so that the ratio that the

amount apportioned to each State under this subparagraph

bears to the total amount apportioned under this subparagraph

for the fiscal year is equal to the ratio that the population of

the State bears to the total population of all States.

(3) The total allocation to an individual State for a fiscal year

under paragraph (2) shall not exceed 10 percent of the total amount

allocated to the several States under paragraph (2) for that fiscal

year.

(4) 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 under this subsection

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 (2), but without regard to the 10 percent limitation

to an individual State specified in paragraph (3).

(5)(A) For the purposes of paragraph (2)(A)—

(i) the District of Columbia shall be treated as a State; and
57

(ii) Puerto Rico, the 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.

(C) For the purposes of paragraph (1), all federally recognized Indian tribes and Native Corporations (as defined in section 3 of the

Alaska Native Claims Settlement Act (43 U.S.C. 1602)), shall be eligible to receive shares of the apportionment under paragraph (1) in

accordance with a competitive grant program established by the

Secretary by rule. The total apportionment available to such tribes

and Native Corporations shall be equivalent to the amount available to a single State. No single tribe or Native Corporation shall

receive a grant that constitutes more than 10 percent of the total

amount made available to all tribes and Native Corporations pursuant to the apportionment under paragraph (1). Funds received by

a tribe or Native Corporation under this subparagraph may be expended only for the purposes specified in paragraphs (1) and (3) of

subsection (a).

(6) Absent some compelling and annually documented reason to

the contrary acceptable to the Secretary of the Interior, each State

(other than an area treated as a State under paragraph (5)) shall

make available as grants to local governments, at least 50 percent

of the annual State apportionment, or an equivalent amount made

available from other sources.

* * * * * * *

ø(d) COMPREHENSIVE STATE PLAN REQUIRED; PLANNING

PROJECTS.—A comprehensive statewide outdoor recreation plan

shall be required prior to the consideration by the Secretary of financial assistance for acquisition or development projects. The plan

shall be adequate if, in the judgment of the Secretary, it encompasses and will promote the purposes of this Act: Provided, That

no plan shall be approved unless the Governor of the respective

State certifies that ample opportunity for public participation in

plan development and revision has been accorded. The Secretary

shall develop, in consultation with others, criteria for public participation, which criteria shall constitute the basis for the certification

by the Governor. The plan shall contain—

ø(1) the name of the State agency that will have authority

to represent and act for the State in dealing with the Secretary

for purposes of this Act;

ø(2) an evaluation of the demand for and supply of outdoor

recreation resources and facilities in the State;

ø(3) a program for the implementation of the plan; and

ø(4) other necessary information, as may be determined by

the Secretary.

The plan shall take into account relevent Federal resources and

programs and shall be correlated so far as practicable with other

State, regional, and local plans. Where there exists or is in preparation for any particular State a comprehensive plan financed in

part with funds supplied by the Housing and Home Finance Agency, any statewide outdoor recreation plan prepared for purposes of
58

this Act shall be based upon the same population, growth, and

other pertinent factors as are used in formulating the Housing and

Home Finance Agency financed plans.

øThe Secretary may provide financial assistance to any State for

projects for the preparation of a comprehensive statewide outdoor

recreation plan when such plan is not otherwise available or for the

maintenance of such plan.

øFor fiscal year 1988 and thereafter each comprehensive statewide outdoor recreation plan shall specifically address wetlands

within that State as an important outdoor recreation resource as

a prerequisite to approval, except that a revised comprehensive

statewide outdoor recreation plan shall not be required by the Secretary, if a State submits, and the Secretary, acting through the

Director of the National Park Service, approves, as a part of and

as an addendum to the existing comprehensive statewide outdoor

recreation plan, a wetlands priority plan developed in consultation

with the State agency with responsibility for fish and wildlife resources and consistent with the national wetlands priority conservation plan developed under section 301 of the Emergency Wetlands Resources Act or, if such national plan has not been completed, consistent with the provisions of that section¿

(d) STATE ACTION AGENDA REQUIRED.—(1) Each State may define

its own priorities and criteria for selection of outdoor conservation

and recreation acquisition and development projects eligible for

grants under this Act so long as it provides for public involvement

in this process and publishes an accurate and current State Action

Agenda for Community Conservation and Recreation (in this Act referred to as the ‘‘State Action Agenda’’) indicating the needs it has

identified and the priorities and criteria it has established. In order

to assess its needs and establish its overall priorities, each State, in

partnership with its local governments and Federal agencies, and in

consultation with its citizens, shall develop, within 5 years after the

enactment of the Conservation and Reinvestment Act of 1999, a

State Action Agenda that meets the following requirements:

(A) The agenda must be strategic, originating in broad-based

and long-term needs, but focused on actions that can be funded

over the next 4 years.

(B) The agenda must be updated at least once every 4 years

and certified by the Governor that the State Action Agenda conclusions and proposed actions have been considered in an active

public involvement process.

(2) State Action Agendas shall take into account all providers of

conservation and recreation lands within each State, including Federal, regional, and local government resources, and shall be correlated whenever possible with other State, regional, and local plans

for parks, recreation, open space, and wetlands conservation. Recovery action programs developed by urban localities under section

1007 of the Urban Park and Recreation Recovery Act of 1978 shall

be used by a State as a guide to the conclusions, priorities, and action schedules contained in State Action Agenda. Each State shall

assure that any requirements for local outdoor conservation and

recreation planning, promulgated as conditions for grants, minimize

redundancy of local efforts by allowing, wherever possible, use of the
59

findings, priorities, and implementation schedules of recovery action

programs to meet such requirements.

* * * * * * *

(e) PROJECTS FOR LAND AND WATER ACQUISITION; DEVELOPMENT.—In addition to assistance for planning projects, the Secretary may provide financial assistance to any State for the following types of projects or combinations thereof if they are in accordance with the State øcomprehensive plan¿ Action Agenda:

(1) ACQUISITION OF LAND AND WATERS.—For the acquisition

of land, waters, or interests in land or waters, or wetland areas

and interests therein as identified in the wetlands provisions

of the øcomprehensive plan¿ State Action Agenda (other than

land, waters, or interests in land or waters acquired from the

United States for less than fair market value)ø, but not including incidental costs relating to acquisition¿.

* * * * * * *

(2) DEVELOPMENT.—For development of basic outdoor recreation facilities to serve the general public, including the development of Federal lands under lease to States for terms of

twenty-five years or more: Provided, That no assistance shall

be available under this Act to enclose or shelter facilities normally used for outdoor recreation activities, but the Secretary

may permit local funding, and after the date of enactment of

this proviso not to exceed 10 per centum of the total amount

allocated to a State in any one year to be used for sheltered

facilities for swimming pools and ice skating rinks in areas

where the Secretary determines that the severity of climatic

conditions and the increased public use thereby made possible

justifies the construction of such facilities or to enhance public

safety within a designated park or recreation area. (f) REQUIREMENTS FOR PROJECT APPROVAL; CONDITION.—(1) ***

* * * * * * *

(3)(A) No property acquired or developed with assistance under

this section shall, without the approval of the Secretary, be converted to other than public outdoor recreation uses. øThe Secretary

shall approve such conversion only if he finds it to be in accord

with the then existing comprehensive statewide outdoorrecreation

plan and only upon such conditions as he deems necessary to assure the substitution of other recreation properties of at least equal

fair market value and or reasonably equivalent usefulness and location.: Provided, That wetland areas and interests therein as identified in the wetlands provisions of the comprehensive plan and

proposed to be acquired as suitable replacement property within

that same State that is otherwise acceptable to the Secretary, acting through the Director of the National Park Service, shall be considered to be of reasonably equivalent usefulness with the property

proposed for conversion.¿

(B) The Secretary shall approve such conversion only if the State

demonstrates no prudent or feasible alternative exists with the exception of those properties that no longer meet the criteria within

the State Plan or Agenda as an outdoor conservation and recreation
60

facility due to changes in demographics or that must be abandoned

because of environmental contamination which endangers public

health and safety. Any conversion must satisfy such conditions as

the Secretary deems necessary to assure the substitution of other

conservation and recreation properties of at least equal fair market

value and reasonably equivalent usefulness and location and which

are consistent with the existing State Plan or Agenda; except that

wetland areas and interests therein as identified in the wetlands

provisions of the action agenda and proposed to be acquired as suitable replacement property within that same State that is otherwise

acceptable to the Secretary shall be considered to be of reasonably

equivalent usefulness with the property proposed for conversion.

* * * * * * *

ALLOCATION OF MONEYS FOR FEDERAL PURPOSES

SEC. 7. (a) * * *

* * * * * * *

(d) USE OF FEDERAL PORTION.—

(1) APPROVAL BY CONGRESS REQUIRED.—The Federal portion

(as that term is defined in section 5(1)) may not be obligated

or expended by the Secretary of the Interior or the Secretary of

Agriculture for any acquisition except those specifically referred

to, and approved by the Congress, in an Act making appropriations for the Department of the Interior or the Department of

Agriculture, respectively.

(2) WILLING SELLER REQUIREMENT.—The Federal portion may

not be used to acquire any property unless—

(A) the owner of the property concurs in the acquisition;

or

(B) acquisition of that property is specifically approved

by an Act of Congress.

(e) LIST OF PROPOSED FEDERAL ACQUISITIONS.—

(1) RESTRICTION ON USE.—The Federal portion for a fiscal

year may not be obligated or expended to acquire any interest

in lands or water unless the lands or water were included in

a list of acquisitions that is approved by the Congress. This list

shall include an inventory of surplus lands under the administrative jurisdiction of the Secretary of the Interior and the Secretary of Agriculture for which there is no demonstrated compelling program need.

(2) TRANSMISSION OF LIST.—(A) The Secretary of the Interior

and the Secretary of Agriculture shall jointly transmit to the

appropriate authorizing and appropriations committees of the

House of Representatives and the Senate for each fiscal year, by

no later than the submission of the budget for the fiscal year

under section 1105 of title 31, United States Code, a list of the

acquisitions of interests in lands and water proposed to be

made with the Federal portion for the fiscal year.

(B) In preparing each list, the Secretary shall—

(i) seek to consolidate Federal landholdings in States

with checkerboard Federal land ownership patterns;
61

(ii) consider the use of equal value land exchanges, where

feasible and suitable, as an alternative means of land acquisition;

(iii) consider the use of permanent conservation easements, where feasible and suitable, as an alternative means

of acquisition;

(iv) identify those properties that are proposed to be acquired from willing sellers and specify any for which adverse condemnation is requested; and

(v) establish priorities based on such factors as important

or special resource attributes, threats to resource integrity,

timely availability, owner hardship, cost escalation, public

recreation use values, and similar considerations.

(3) INFORMATION REGARDING PROPOSED ACQUISITIONS.—Each

list shall include, for each proposed acquisition included in the

list—

(A) citation of the statutory authority for the acquisition,

if such authority exists; and

(B) an explanation of why the particular interest proposed to be acquired was selected.

(f) NOTIFICATION TO AFFECTED AREAS REQUIRED.—The Federal

portion for a fiscal year may not be used to acquire any interest in

land unless the Secretary administering the acquisition, by not later

than 30 days after the date the Secretaries submit the list under

subsection (e) for the fiscal year, provides notice of the proposed

acquisition—

(1) in writing to each Member of and each Delegate and Resident Commissioner to the Congress elected to represent any area

in which is located—

(A) the land; or

(B) any part of any federally designated unit that includes the land;

(2) in writing to the Governor of the State in which the land

is located;

(3) in writing to each State political subdivision having jurisdiction over the land; and

(4) by publication of a notice in a newspaper that is widely

distributed in the area under the jurisdiction of each such State

political subdivision, that includes a clear statement that the

Federal Government intends to acquire an interest in land.

(g) COMPLIANCE WITH REQUIREMENTS UNDER FEDERAL LAWS.—

(1) IN GENERAL.—The Federal portion for a fiscal year may

not be used to acquire any interest in land or water unless the

following have occurred:

(A) All actions required under Federal law with respect

to the acquisition have been complied with.

(B) A copy of each final environmental impact statement

or environmental assessment required by law, and a summary of all public comments regarding the acquisition that

have been received by the agency making the acquisition,

are submitted to the Committee on Resources of the House

of Representatives, the Committee on Energy and Natural

Resources of the Senate, and the Committees on Appropriations of the House of Representatives and of the Senate.
62

(C) A notice of the availability of such statement or assessment and of such summary is provided to—

(i) each Member of and each Delegate and Resident

Commissioner to the Congress elected to represent the

area in which the land is located;

(ii) the Governor of the State in which the land is located; and

(iii) each State political subdivision having jurisdiction over the land.

(2) LIMITATION ON APPLICATION.—Paragraph (1) shall not

apply to any acquisition that is specifically authorized by a

Federal law.

* * * * * * *

WATER RIGHTS

SEC. 14. Nothing in this title—

(1) invalidates or preempts State or Federal water law or an

interstate compact governing water;

(2) alters the rights of any State to any appropriated share

of the waters of any body of surface or ground water, whether

determined by past or future interstate compacts or by past or

future legislative or final judicial allocations;

(3) preempts or modifies any Federal or State law, or interstate compact, dealing with water quality or disposal; or

(4) confers on any non-Federal entity the ability to exercise

any Federal right to the waters of any stream or to any ground

water resource.

* * * * * * *

FEDERAL AID IN WILDLIFE RESTORATION ACT

* * * * * * *

SEC. 2. For the purposes of this Act the term ‘‘wildlife-restoration

project’’ shall be construed to include the wildlife conservation and

restoration program and to mean and include the selection, restoration, rehabilitation, and improvement of areas of land or water

adaptable as feeding, resting, or breeding places for wildlife, including acquisition by purchase, condemnation, lease, or gift of such

areas or estates or interests therein as are suitable or capable of

being made suitable therefor, and the construction thereon or

therein of such works as may be necessary to make them available

for such purposes and also including such research into problems

of wildlife management as may be necessary to efficient administration affecting wildlife resources, and such preliminary or incidental costs and expenses as may be incurred in and about such

projects; the term ‘‘State fish and game department or State fish

and wildlife department’’ shall be construed to mean and include

any department or division of department of another name, or commission, or official or officials, of a State empowered under its laws

to exercise the functions ordinarily exercised by a State fish and

game departmentø.¿; the term ‘‘conservation’’ shall be construed to

mean the use of methods and procedures necessary or desirable to
63

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’’ means a program developed by a State fish and wildlife department and approved by the Secretary under section 4(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 (including those that gather, evaluate, and disseminate information on wildlife and their habitats), 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, wildlife observation and photography, such

projects as construction or restoration of wildlife viewing areas, observation towers, blinds, platforms, land and water trails, water access, trail heads, 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.

SEC. 3. (a)(1) An amount equal to all revenues accruing each fiscal year (beginning with the fiscal year 1975) from any tax imposed

on specified articles by sections 4161(b) and 4181 of the Internal

Revenue Code of 1986 (26 U.S.C. 4161(b), 4181) shall, subject to

the exemptions in section 4182 of such Code, be covered into the

Federal aid to wildlife restoration fund in the Treasury (hereinafter

referred to as the ‘‘fund’’) and is authorized to be appropriated and

made available until expended to carry out the purposes of this

Act. So much of such appropriation apportioned to any State for

any fiscal year as remains unexpended at the close thereof is authorized to be made available for expenditure in that State until

the close of the succeeding fiscal year. Any amount apportioned to

any State under the provisions of this Act which is unexpended or

unobligated at the end of the period during which it is available

for expenditure on any project is authorized to be made available

for expenditure by the Secretary of Agriculture in carrying out the

provisions of the Migratory Bird Conservation Act.

(2) There is established in the Federal aid to wildlife restoration

fund a subaccount to be known as the ‘‘wildlife conservation and

restoration account’’. Amounts transferred to the fund for a fiscal

year under section 5(b)(3) of the Conservation and Reinvestment Act

of 1999 shall be deposited in the subaccount and shall be available

without further appropriation, in each fiscal year, for apportion-
64

ment in accordance with this Act to carry out State wildlife conservation and restoration programs.

* * * * * * *

(c) Amounts transferred to the fund from the Conservation and

Reinvestment Act Fund and apportioned under subsection (a)(2)

shall supplement, but not replace, existing funds available to the

States from the sport fish restoration account and wildlife restoration account and shall be used for the development, revision, and

implementation of wildlife conservation and restoration programs

and should be used to address the unmet needs for a diverse array

of wildlife and associated habitats, including species that are not

hunted or fished, for wildlife conservation, wildlife conservation

education, and wildlife-associated recreation projects. Such funds

may be used for new programs and projects as well as to enhance

existing programs and projects.

(d)(1) Notwithstanding subsections (a) and (b) of this section, with

respect to amounts transferred to the fund from the Conservation

and Reinvestment Act Fund so much of such amounts as is apportioned to any State for any fiscal year and as remains unexpended

at the close thereof shall remain available for expenditure in that

State until the close of—

(A) the fourth succeeding fiscal year, in the case of amounts

transferred in any of the first 10 fiscal years beginning after the

date of enactment of the Conservation and Reinvestment Act of

1999; or

(B) the second succeeding fiscal year, in the case of amounts

transferred in a fiscal year beginning after the 10-fiscal-year period referred to in subparagraph (A).

(2) Any amount apportioned to a State under this subsection that

is unexpended or unobligated at the end of the period during which

it is available under paragraph (1) shall be reapportioned to all

States during the succeeding fiscal year.

SEC. 4. (a) * * *

* * * * * * *

(c) AMOUNTS TRANSFERRED FROM CONSERVATION AND REINVESTMENT ACT FUND.—(1) The Secretary of the Interior shall make the

following apportionment from the amount transferred to the fund

from the Conservation and Reinvestment Act Fund for each fiscal

year:

(A) To the District of Columbia and to the Commonwealth of

Puerto Rico, each a sum equal to not more than 1⁄2 of 1 percent

thereof.

(B) To Guam, American Samoa, the Virgin Islands, and the

Commonwealth of the Northern Mariana Islands, each a sum

equal to not more than 1⁄6 of 1 percent thereof.

(2)(A) The Secretary of the Interior, after making the apportionment under paragraph (1), shall apportion the remainder of the

amount transferred to the fund from the Conservation and Reinvestment Act Fund for each fiscal year among the States in the following manner:

(i) 1⁄3 of which is based on the ratio to which the land area

of such State bears to the total land area of all such States.
65

(ii) 2⁄3 of which is based on the ratio to which the population

of such State bears to the total population of all such States.

(B) The amounts apportioned under this paragraph shall be adjusted equitably so that no such State shall be apportioned a sum

which is less than 1⁄2 of 1 percent of the amount available for apportionment under this paragraph for any fiscal year or more than 5

percent of such amount.

(3) Amounts transferred to the fund from the Conservation and

Reinvestment Act Fund shall not be available for any expenses incurred in the administration and execution of programs carried out

with such amounts.

(d) WILDLIFE CONSERVATION AND RESTORATION PROGRAMS.—(1)

Any State, through its fish and wildlife department, may apply to

the Secretary of the Interior for approval of a wildlife conservation

and restoration program, or for funds to develop a program. To

apply, a State shall submit a comprehensive plan that includes—

(A) provisions vesting in the fish and wildlife department of

the State overall responsibility and accountability for the program;

(B) provisions for the development and implementation of—

(i) wildlife conservation projects that expand and support

existing wildlife programs, giving appropriate consideration to all wildlife;

(ii) wildlife-associated recreation projects; and

(iii) wildlife conservation education projects pursuant to

programs under section 8(a); and

(C) provisions to ensure public participation in the development, revision, and implementation of projects and programs

required under this paragraph.

(2) A State shall provide an opportunity for public participation

in the development of the comprehensive plan required under paragraph (1).

(3) If the Secretary finds that the comprehensive plan submitted

by a State complies with paragraph (1), the Secretary shall approve

the wildlife conservation and restoration program of the State and

set aside from the apportionment to the State made pursuant to subsection (c) an amount that shall not exceed 75 percent of the estimated cost of developing and implementing the program.

(4)(A) Except as provided in subparagraph (B), after the Secretary

approves a State’s wildlife conservation and restoration program,

the Secretary may make payments on a project that is a segment of

the State’s wildlife conservation and restoration program as the

project progresses. Such payments, including previous payments on

the project, if any, shall not be more than the United States pro rata

share of such project. The Secretary, under such regulations as he

may prescribe, may advance funds representing the United States

pro rata share of a project that is a segment of a wildlife conservation and restoration program, including funds to develop such program.

(B) Not more than 10 percent of the amounts apportioned to each

State under this section for a State’s wildlife conservation and restoration program may be used for wildlife-associated recreation.

(5) For purposes of this subsection, the term ‘‘State’’ shall include

the District of Columbia, the Commonwealth of Puerto Rico, the Vir-
66

gin Islands, Guam, American Samoa, and the Commonwealth of

the Northern Mariana Islands.

* * * * * * *

SEC. 8. (a) Maintenance of wildlife-restoration projects established under the provisions of this Act shall be the duty of the

State in accordance with their respective laws. Beginning July 1,

1945, the term ‘‘wildlife-restoration project’’, as defined in section

2 of this Act, shall include maintenance of completed projects. Notwithstanding any other provisions of this Act, funds apportioned to

a State under this Act may be expended by the State for management (exclusive of law enforcement and public relations) of wildlife

areas and resources. Funds available from the amount transferred

to the fund from the Conservation and Reinvestment Act Fund may

be used for a wildlife conservation education program, except that

no such funds may be used for education efforts, projects, or programs that promote or encourage opposition to the regulated taking

of wildlife.

* * * * * * *

URBAN PARK AND RECREATION RECOVERY ACT OF 1978

* * * * * * *

TITLE X—URBAN PARK AND RECREATION RECOVERY

PROGRAM

SHORT TITLE

SEC. 1001. This title may be cited as the ‘‘Urban Park and Recreation Recovery Act of 1978’’.

* * * * * * *

SEC. 1003. The purpose of this title is to authorize the Secretary

to establish an urban park and recreation recovery program which

would provide Federal grants to economically hard-pressed communities specifically for the rehabilitation of critically needed recreation areas, facilities, development of new recreation areas and facilities, including the acquisition of lands for such development, and

development of improved recreation programs. This program is intended to complement existing Federal programs such as the Land

and Water Conservation Fund and Community Development Grant

Programs by encouraging and stimulating local governments to revitalize their park and recreation systems and to make long-term

commitments to continuing maintenance of these systems. Such assistance shall be subject to such terms and conditions as the Secretary considers appropriate and in the public interest to carry out

the purposes of this title. It is further the purpose of this title 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.

It is the further purpose of this section to increase the security of

urban parks and to promote collaboration between local agencies

involved in parks and recreation, law enforcement, youth social

services, and juvenile justice system.
67

DEFINITIONS

SEC. 1004. When used in this title the term—

(a) * * *

* * * * * * *

(j) ‘‘State’’ means any State of the United States or any instrumentality of a State approved by the Governor; the Commonwealth of Puerto Rico, and insular areas; øand¿

(k) ‘‘insular areas’’ means Guam, the Virgin Islands, American Samoa, and the Northern Mariana Islandsø.¿;

(l) ‘‘development grants’’—

(1) subject to subparagraph (2) 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, support facilities,

and landscaping; and

(2) does not include routine maintenance, and upkeep activities; and

(m) ‘‘Secretary’’ means the Secretary of the Interior.

SEC. 1005. ø(a) Eligibility of general purpose local governments

for assistance under this title shall be based upon need as determined by the Secretary. Within one hundred and twenty days after

the effective date of this title, the Secretary shall publish in the

Federal Register, a list of the local governments eligible to participate in this program, to be accompanied by a discussion of criteria

used in determining eligibility. ‘‘Such criteria shall be based upon

factors which the Secretary determines are related to deteriorated

recreational facilities or systems, and physical and economic distress.’’¿ (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, town, or group of cities or towns (or both)

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.

* * * * * * *

øGRANTS TO IMPLEMENT PROGRAM

øSEC. 1006. (a) The Secretary is authorized to provide 70 per centum matching rehabilitation and innovative grants directly to eligible general purpose local governments upon his approval of applications therefor by the chief executives of such governments.

ø(1) At the discretion of such applicants, and if consistent with

an approved application, rehabilitation and innovation grants may

be transferred in whole or in part to independent special purpose
68

local governments, private nonprofit agencies or county or regional

park authorities: Provided, That assisted recreation areas and facilities owned or managed by them offer recreation opportunities to

the general population within the jurisdictional boundaries of an

eligible applicant.

ø(2) Payments may be made only for those rehabilitation or innovative projects which have been approved by the Secretary. Such

payments may be made from time to time in keeping with the rate

of progress toward the satisfactory completion of a project, except

that the Secretary may, when appropriate, make advance payments on approved rehabilitation and innovative projects in an

amount not to exceed 20 per centum of the total project cost.¿

GRANTS

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.

ø(3)¿ (4) The Secretary may authorize modification of an approved project only when a grantee has adequately demonstrated

that such modification is necessary because of circumstances not

foreseeable at the time a project was proposed.

* * * * * * *

LOCAL COMMITMENTS TO SYSTEM RECOVERY AND MAINTENANCE

SEC. 1007. (a) As a requirement for project approval, local governments applying for assistance under this title shall submit to

the Secretary evidence of their commitments to ongoing planning,

development, rehabilitation, service, operation, and maintenance

programs for their park and recreation systems. These commitments will be expressed in local park and recreation recovery action programs which maximize coordination of all community resources, including other federally supported urban development

and recreation programs. During an initial interim period to be established by regulations under this title, this requirement may be

satisfied by local government submissions of preliminary action

programs which briefly define objectives, priorities, and implemen-
69

tation strategies for overall system recovery and maintenance and

commit the applicant to a scheduled program development process.

Following this interim period, all local applicants shall submit to

the Secretary, as a condition of eligibility, a five-year action program for park and recreation recovery that satisfactorily demonstrate:

(1) * * *

(2) adequate planning for development and rehabilitation of

specific recreation areas and facilities, including projections of

the cost of proposed projects;

* * * * * * *

STATE ACTION INCENTIVE

SEC. 1008. (a) IN GENERAL.—The Secretary is authorized to increase Federal implementation grants authorized in section 1006

by providing an additional match equal to the total match provided

by a State of up to 15 per centum of total project costs. In no event

may the Federal matching amount exceed 85 per centum of total

project cost. øThe Secretary shall further encourage the States to

assist him in assuring that local recovery plans and programs are

adequately implemented by cooperating with the Department of

the Interior in monitoring local park and recreation recovery plans

and programs and in assuring consistency of such plans and programs, where appropriate, with State recreation policies as set

forth in statewide comprehensive outdoor recreation plans.¿

(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 or Agendas 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.

* * * * * * *

øCONVERSION OF RECREATION PROPERTY

øSEC. 1010. No property improved or developed with assistance

under this title shall, without the approval of the Secretary, be converted to other than public recreation uses. The Secretary shall approve such conversion only if he finds it to be in accord with the

current local park and recreation recovery action program and only

upon such conditions as he deems necessary to assure the provision

of adequate recreation properties and opportunities of reasonably

equivalent location and usefulness.¿
70

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.

* * * * * * *

øAUTHORIZATION OF APPROPRIATIONS

øSEC. 1013. (a) IN GENERAL.—There are hereby authorized to be

appropriated for the purposes of this title, not to exceed

$150,000,000 for each of the fiscal years 1979 through 1982, and

$125,000,000 in fiscal year 1983, such sums to remain available

until expended. Not more than 3 per centum of the funds authorized in any fiscal year may be used for grants for the development

of local park and recreation recovery action programs pursuant to

sections 1007(a) and 1007(c), and not more than 10 per centum

may be used for innovation grants pursuant to section 6 of this

title. Grants made under this title for projects in any one State

shall not exceed in the aggregate 15 per centum of the aggregate

amount of funds authorized to be appropriated in any fiscal year.

For the authorizations made in this section, any amounts authorized but not appropriated in any fiscal year shall remain available

for appropriation in succeeding fiscal years.

øNotwithstanding any other provision of this Act, or any other

law, or regulation, there is further authorized to be appropriated

$250,000 for each of the fiscal years 1979 through 1983, such sums

to remain available until expended, to each of the insular areas.

Such sums will not be subject to the matching provisions of this

section, and may only be subject to such conditions, reports, plans,

and agreements, if any, as determined by the Secretary.

ø(b) PROGRAM SUPPORT.—Not more than 25 percent of the

amounts made available under this title to any local government

may be used for program support.¿
71

TREATMENT OF AMOUNTS TRANSFERRED FROM CONSERVATION AND

REINVESTMENT ACT FUND

SEC. 1013. (a) IN GENERAL.—Amounts transferred to the Secretary of the Interior under section 5(b)(4) of the Conservation and

Reinvestment Act of 1999 in a fiscal year shall be available to the

Secretary without further appropriation to carry out this title. Any

amount that has not been paid or obligated by the Secretary before

the end of the second fiscal year beginning after the first fiscal year

in which the amount is available shall be reapportioned by the Secretary among grantees under this title.

(b) LIMITATIONS ON ANNUAL GRANTS.—Of the amounts available

in a fiscal year under subsection (a)—

(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.

* * * * * * *

øSUNSET AND REPORTING PROVISIONS

øSEC. 1015. (a) Within ninety days of the expiration of this authority, the Secretary shall report to the Congress on the overall

impact of the urban park and recreation recovery program.¿

* * * * * * *

NATIONAL HISTORIC PRESERVATION ACT

* * * * * * *

TITLE I

* * * * * * *

SEC. 108. (a) To carry out the provisions of this Act, there is

hereby established the Historic Preservation Fund (hereafter referred to as the ‘‘fund’’) in the Treasury of the United States.

øThere shall be covered into such fund $24,400,000 for fiscal year

1977, $100,000,000 for fiscal year 1978, $100,000,000 for fiscal year

1979, $150,000,000 for fiscal year 1980, and $150,000,000 for fiscal

year 1981 and $150,000,000 for each of fiscal years 1982 through

1997, from revenues due and payable to the United States under

the Outer Continental Shelf Lands Act (67 Stat. 462, 469), as

amended (43 U.S.C. 338), and/or under the Act of June 4, 1920 (41

Stat. 813), as amended (30 U.S.C. 191), notwithstanding any provision of law that such proceeds shall be credited to miscellaneous

receipts of the Treasury. Such moneys shall be used only to carry

out the purposes of this Act and shall be available for expenditure

only when appropriated by the Congress. Any moneys not appro-
72

priated shall remain available in the fund until appropriated for

said purposes: Provided, That appropriations made pursuant to

this paragraph may be made without fiscal year limitation.¿

(b) Amounts transferred to the Secretary under section 5(b)(5) of

the Conservation and Reinvestment Act of 1999 in a fiscal year

shall be deposited into the Fund and shall be available without further appropriation, in that fiscal year, to carry out this Act.

(c) At least 1⁄2 of the funds obligated or expended each fiscal year

under this Act 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.

* * * * * * *

SEC. 114. STATE USE OF ASSISTANCE FOR NATIONAL HERITAGE AREAS

AND CORRIDORS.

In addition to other uses authorized by this Act, amounts provided to a State under this title may be used by the State to provide

financial assistance to the management entity for any national heritage area or national heritage corridor established under the laws

of the United States, to support cooperative historic preservation

planning and development.

* * * * * * *
(73)

DISSENTING VIEWS

Despite best intentions of the authors, H.R. 701 continues to fail

on four critical points: (1) basic protections for private property

owners; (2) fiscal responsibility of our current national parks and

public lands; (3) rights for recreational access; (4) preserving the

future of America’s farming communities.

H.R. 701 took a tragic turn when members of the committee

voted down an amendment that would have affirmed the constitutional rights of a property owner. This amendment would have preserved the legal rights of a private landowner when agency actions

threatened those rights as a result of this legislation. Such a repudiation of the 5th Amendment of the United States Constitution is

alarming. As reported out of the committee, H.R. 701 has Congress

turning its back on the United States landowner and failing to uphold the Constitution.

Under H.R. 701, private landowners who have taken best care of

their property are likely to be the first ones targeted for Land and

Water Conservation Fund acquisitions, since their land will have

the highest values for wildlife. CARA penalizes sound private land

management that promotes wildlife habitat, by increasing the

land’s value, which lead to government agencies targeting those

parcels for acquisition and additional regulations. Just because the

federal government is going to take over and manage lands, does

not mean they will do a better job of preserving that land for wildlife and habitat. Monies designated for acquisitions would be better

spent on wildlife habitat stewardship programs. In turn, the federal government actually benefits in not purchasing more lands—

a point that H.R. 701 fails to recognize.

In addition, rural municipalities and counties benefit in keeping

private lands private. Tax revenues will be lost when CARA financed purchases take private property off the tax rolls. This degrades basic services such as education, police and fire control.

CARA provides for increased PILT payments, but does not replace

all lost tax revenue.

As the government or a non-profit in a small community buys

land, people are forced out of their homes. Further, everybody who

desires recreational access will see some of that access diminished.

There is less business to keep a retail store running, a smaller congregation to keep a church’s doors open, and less reason to justify

keeping a school or post office in the area. After a point, government land acquisition causes a community to lose critical mass,

and it ceases to be a community.

CARA places special emphasis on targeting inholders for acquisition. Inholders are owners of private property within and surrounded by government lands. They frequently provide the most

accessible and sometimes the only supplies and campgrounds for

visitors to national parks, forests and wildlife refuges. Many
74

inholders have undeveloped property, use it for family recreation,

and allow access through it to other parts of the park or forest.

Even though there is greatly increased demand for recreation, in

the last 25 years, the number of privately operated campgrounds

has declined by more than 30%. This has deprived inholders of a

source of income and tourists and visiting families access to their

own federal lands. CARA, with its unprecedented funding and

power of condemnation, is a direct threat to recreational access for

all Americans.

H.R. 701 includes seven trust funds taking federal tax dollars

away from the legislative process and handing it directly to various

state and federal agencies. Many of the purposes of these trust

funds have nothing to do with the original intent of Outer Continental Shelf revenues, which is environmental mitigation of coastal

areas impacted by offshore oil exploration. As authorizers, it is negligent to continue ignoring the $5 billion

maintenance backlog in our existing national parks and other federal lands that has been identified by the Appropriations Committee’s Subcommittee on Interior. Unfortunately, this is exactly what

CARA does. This backlog includes maintaining trails, park benches, roads, public bathrooms and improved housing and administrative offices for land management agency employees. We believe

that the federal government should be properly maintaining and

managing what it already owns, before approving a trust fund that

will finance massive new land acquisitions.

We have the utmost respect for our colleagues who are the authors of this legislation, and it is with reluctance we submit these

dissenting views. We hope that our concerns are considered by the

authors and that legislative language can be incorporated into H.R.

701 before it is considered on the floor.

HELEN CHENOWETH-HAGE.

BOB SCHAFFER.

MAC THORNBERRY.

GEORGE RADANOVICH.

BARBARA CUBIN.

JOHN E. PETERSON.

Æ