IB

106TH CONGRESS

2D SESSION H. R. 701

[Report No. 106–499, Part I]

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.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 10, 1999

Mr. YOUNG of Alaska (for himself, Mr. DINGELL, Mr. TAUZIN, Mr. JOHN, Mr.

BAKER, Mr. RANGEL, Mr. CHAMBLISS, Mr. PETERSON of Minnesota, Mr.

ROGERS, Mr. TANNER, Mr. LIVINGSTON, Mr. LAMPSON, Mr. MCCRERY,

Mr. TOWNS, Mr. GOSS, Mr. KILDEE, Mr. NORWOOD, Mr. SHOWS, Mr.

HILLIARD, Mr. SESSIONS, Mr. LUTHER, Mr. ROEMER, Ms. MCCARTHY

of Missouri, Mr. WEYGAND, Mr. WELLER, Mr. WATKINS, Mr. JEFFERSON, Ms. JACKSON-LEE of Texas, Mr. COOKSEY, Mr. HOLDEN, Mr.

BASS, Ms. EDDIE BERNICE JOHNSON of Texas, Mr. GILCHREST, Mrs.

BONO, and Mr. DUNCAN) introduced the following bill; which was referred to the Committee on Resources

FEBRUARY 16, 2000

Additional sponsors: Mr. GILCHREST, Mrs. BONO, Mr. DUNCAN, Mr. LINDER,

Mr. TAYLOR of Mississippi, Mr. STUMP, Mr. SANDLIN, Mr. WELDON of

Pennsylvania, Mr. TURNER, Mr. GREEN of Wisconsin, Mr. BARCIA, Mr.

WHITFIELD, Mr. BENTSEN, Mr. BURR of North Carolina, Mr. CONDIT,

Mr. ADERHOLT, Mr. HINOJOSA, Mr. HAYES, Mr. GORDON, Mr. BACHUS,

Mr. CRAMER, Mr. DEAL of Georgia, Mr. GONZALEZ, Mr. PICKERING, Mr.

LEWIS of Georgia, Mr. FORD, Mrs. CHRISTENSEN, Mr. PICKETT, Mr.

WYNN, Mr. RILEY, Mr. TAYLOR of North Carolina, Mr. ISAKSON, Mr.

COLLINS, Mr. BISHOP, Mr. EWING, Mr. LUCAS of Kentucky, Mr. LEWIS

of Kentucky, Mr. CLYBURN, Mr. ENGLISH, Mr. BARR of Georgia, Mr.

MILLER of Florida, Mr. TERRY, Mr. ALLEN, Mr. SPENCE, Mr. CLEMENT,

Mr. FLETCHER, Ms. CARSON, Mr. WISE, Mr. UPTON, Mr. PASTOR, Mr.

GALLEGLY, Ms. DANNER, Mr. NEY, Mr. FROST, Mr. BOYD, Mr. THOMPSON of Mississippi, Mr. GUTKNECHT, Mr. TRAFICANT, Mr. HYDE, Mr.
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ORTIZ, Ms. MCKINNEY, Mrs. MYRICK, Mr. JENKINS, Mr. ETHERIDGE,

Mr. LUCAS Oklahoma, Mr. LATOURETTE, Mr. FOLEY, Mr. KIND, Mr.

VITTER, Mr. SAWYER, Mr. ACKERMAN, Mr. SKELTON, Mr. MOLLOHAN,

Ms. STABENOW, Mr. GREEN of Texas, Mrs. FOWLER, Mr. STRICKLAND,

Mr. BOSWELL, Mr. KLINK, Mr. CAMP, Mr. DAVIS of Virginia, Mr. MICA,

Mr. OBERSTAR, Mr. BOUCHER, Mr. SHAW, Mr. PHELPS, Mr. SCARBOROUGH, Mr. LAHOOD, Mr. CANADY of Florida, Mr. BILIRAKIS, Mr.

PORTMAN, Mr. SOUDER, Mr. HANSEN, Mr. GEORGE MILLER of California, Mr. SMITH of New Jersey, Mr. SAXTON, Ms. SANCHEZ, Mr.

THUNE, Mr. VENTO, Mr. MCDERMOTT, Mr. WEXLER, Mr. GUTIERREZ,

Mrs. MORELLA, Mr. UDALL of Colorado, Mr. CLAY, Mr. BLUMENAUER,

Mr. DEUTSCH, Mr. OLVER, Mr. FRANK of Massachusetts, Ms. ESHOO,

Ms. ROYBAL-ALLARD, Mr. MCNULTY, Mr. ENGEL, Mr. DIXON, Mr.

DELAHUNT, Ms. PELOSI, Mr. FALEOMAVAEGA, Mrs. CAPPS, Mr. THOMPSON of California, Mr. HALL of Texas, Mr. PALLONE, Mr. CROWLEY, Mr.

HOEFFEL, Mr. UDALL of New Mexico, Ms. WOOLSEY, Ms. HOOLEY of

Oregon, Mrs. NAPOLITANO, Mr. ABERCROMBIE, Mr. STARK, Mrs. MEEK

of Florida, Mr. MCCOLLUM, Mr. MINGE, Mr. CONYERS, Mr. RAHALL,

Mr. MARKEY, Mr. BORSKI, Mr. PETRI, Mr. GEJDENSON, Mr. SMITH of

Washington, Mr. DOOLEY of California, Mr. MCINNIS, Ms. BALDWIN,

Mr. INSLEE, Mr. WU, Mrs. MINK of Hawaii, Ms. BROWN of Florida, Mrs.

ROUKEMA, Mr. TANCREDO, Mr. SHERWOOD, Mr. KANJORSKI, Mr. FARR

of California, Mr. MENENDEZ, Mr. HASTINGS of Florida, Mrs. CLAYTON,

Mr. BARRETT of Wisconsin, Mr. MEEHAN, Mr. MATSUI, Mr. SHERMAN,

Mr. MARTINEZ, Ms. DEGETTE, Mr. LARSON, Mr. CUMMINGS, Mr.

TIERNEY, Mr. NEAL of Massachusetts, Mr. PASCRELL, Mr. HOLT, Mr.

SERRANO, Mr. BALDACCI, Mr. HINCHEY, Mr. OWENS, Mr. ROTHMAN,

Mr. MCGOVERN, Mr. CALLAHAN, Mr. CARDIN, Mr. EVANS, Mr. LAZIO,

Ms. LOFGREN, Mr. WAXMAN, Ms. WATERS, Mr. FILNER, Mr. CAPUANO,

Mr. BONIOR, Mr. NADLER, Mrs. JONES of Ohio, Mr. KUCINICH, Ms.

BERKLEY, Mr. BAIRD, Mr. UNDERWOOD, Mr. GILMAN, Mr.

BLAGOJEVICH, Mr. KENNEDY of Rhode Island, Mr. FORBES, Mr. SANDERS, Mr. MEEKS of New York, Mr. BROWN of Ohio, Mr. KUYKENDALL,

Mr. LEACH, Mr. BERMAN, Ms. SLAUGHTER, Mr. BOEHLERT, Mr. MCINTYRE, Mr. KLECZKA, Mr. GREENWOOD, Mr. CAMPBELL, Mr. DREIER,

Mr. BILBRAY, Mr. CUNNINGHAM, Mr. GEKAS, Mr. BRADY of Texas, Mr.

MORAN of Virginia, Mrs. JOHNSON of Connecticut, Mrs. KELLY, Mr.

LOBIONDO, Mr. STUPAK, Mr. FRANKS of New Jersey, Mr. EHLERS, Mr.

QUINN, Mr. SHUSTER, Ms. SCHAKOWSKY, Mr. WEINER, Mr. LEVIN, Mrs.

LOWEY, Mr. DIAZ-BALART, Mr. MOAKLEY, Mrs. BIGGERT, Mr. DAVIS of

Illinois, Mr. HORN, Mr. LANTOS, Ms. LEE, Mr. KING, Mr. ANDREWS,

Mr. PAYNE, Mr. EVERETT, Mrs. TAUSCHER, Ms. DUNN, Mr. ROMEROBARCELO ́

, Ms. KILPATRICK, Ms. NORTON, Mr. PACKARD, Mr. METCALF,

Mr. BATEMAN, Mr. FRELINGHUYSEN, Mr. HOUGHTON, Mr. WATT of

North Carolina, Ms. KAPTUR, Mr. LAFALCE, Ms. RIVERS, Mr. BECERRA,

Ms. MILLENDER-MCDONALD, Mr. JACKSON of Illinois, Mrs. MCCARTHY

of New York, Ms. VELA ́ZQUEZ, Mr. EHRLICH, Mr. REYES, Mr. PEASE,

Mr. BACA, Mrs. MALONEY of New York, Mr. BARLETT of Maryland, Mr.

DICKS, Ms. DELAURO, and Mr. HEFLEY
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FEBRUARY 16, 2000

Reported from the Committee on Resources with an amendment

[Strike out all after the enacting clause and insert the part printed in italic]

FEBRUARY 16, 2000

Referred to the Committee on Agriculture for a period ending not later than

March 17, 2000, for consideration of such provisions of the bill and

amendment as fall within the jurisdiction of that committee pursuant to

clause 1(a), rule X

FEBRUARY 16, 2000

Referred to the Committee on the Budget for a period ending not later than

March 31, 2000, for consideration of such provisions of the bill and

amendment as fall within the jurisdiction of that committee pursuant to

clause 1(a), rule X

[For text of introduced bill, see copy of bill as introduced on February 10, 1999]

A BILL

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Conservation and Rein5 vestment Act of 1999’’.

6 SEC. 2. TABLE OF CONTENTS.

7 The table of contents for this Act is as follows:
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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.

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.
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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.

1 SEC. 3. DEFINITIONS.

2 For purposes of this Act:

3 (1) The term ‘‘coastal population’’ means the

4 population of all political subdivisions, as determined

5 by the most recent official data of the Census Bureau,

6 contained in whole or in part within the designated

7 coastal boundary of a State as defined in a State’s

8 coastal zone management program under the Coastal
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1 Zone Management Act (16 U.S.C. 1451 and fol2 lowing).

3 (2) The term ‘‘coastal political subdivision’’

4 means a political subdivision of a coastal State all or

5 part of which political subdivision is within the

6 coastal zone (as defined in section 304 of the Coastal

7 Zone Management Act (16 U.S.C. 1453)).

8 (3) The term ‘‘coastal State’’ has the same mean9 ing as provided by section 304 of the Coastal Zone

10 Management Act (16 U.S.C. 1453)).

11 (4) The term ‘‘coastline’’ has the same meaning

12 that it has in the Submerged Lands Act (43 U.S.C.

13 1301 and following).

14 (5) The term ‘‘distance’’ means minimum great

15 circle distance, measured in statute miles.

16 (6) The term ‘‘fiscal year’’ means the Federal

17 Government’s accounting period which begins on Oc18 tober 1st and ends on September 30th, and is des19 ignated by the calendar year in which it ends.

20 (7) The term ‘‘Governor’’ means the highest elect21 ed official of a State or of any other political entity

22 that is defined as, or treated as, a State under the

23 Land and Water Conservation Fund Act of 1965 (16

24 U.S.C. 460l–4 and following), the Act of September 2,

25 1937 (16 U.S.C. 669 and following), commonly re-
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1 ferred to as the Federal Aid in Wildlife Restoration

2 Act or the Pittman-Robertson Act, the Urban Park

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

4 and following), the National Historic Preservation

5 Act (16 U.S.C. 470h and following), or the Federal

6 Agriculture Improvement and Reform Act of 1996

7 (Public Law 104–127; 16 U.S.C. 3830 note).

8 (8) The term ‘‘leased tract’’ means a tract, leased

9 under section 8 of the Outer Continental Shelf Lands

10 Act (43 U.S.C. 1337) for the purpose of drilling for,

11 developing, and producing oil and natural gas re12 sources, which is a unit consisting of either a block,

13 a portion of a block, a combination of blocks or por14 tions of blocks, or a combination of portions of blocks,

15 as specified in the lease, and as depicted on an Outer

16 Continental Shelf Official Protraction Diagram.

17 (9) The term ‘‘Outer Continental Shelf’’ means

18 all submerged lands lying seaward and outside of the

19 area of ‘‘lands beneath navigable waters’’ as defined

20 in section 2(a) of the Submerged Lands Act (43

21 U.S.C. 1301(a)), and of which the subsoil and seabed

22 appertain to the United States and are subject to its

23 jurisdiction and control.

24 (10) The term ‘‘political subdivision’’ means the

25 local political jurisdiction immediately below the level
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1 of State government, including counties, parishes, and

2 boroughs. If State law recognizes an entity of general

3 government that functions in lieu of, and is not with4 in, a county, parish, or borough, the Secretary may

5 recognize an area under the jurisdiction of such other

6 entities of general government as a political subdivi7 sion for purposes of this title.

8 (11) The term ‘‘producing State’’ means a State

9 with a coastal seaward boundary within 200 miles

10 from the geographic center of a leased tract other than

11 a leased tract or portion of a leased tract that is lo12 cated in a geographic area subject to a leasing mora13 torium on January 1, 1999 (unless the lease was

14 issued prior to the establishment of the moratorium

15 and was in production on January 1, 1999).

16 (12) The term ‘‘qualified Outer Continental Shelf

17 revenues’’ means (except as otherwise provided in this

18 paragraph) all moneys received by the United States

19 from each leased tract or portion of a leased tract

20 lying seaward of the zone defined and governed by

21 section 8(g) of the Outer Continental Shelf Lands Act

22 (43 U.S.C. 1337(g)), or lying within such zone but to

23 which section 8(g) does not apply, the geographic cen24 ter of which lies within a distance of 200 miles from

25 any part of the coastline of any coastal State, includ-
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1 ing bonus bids, rents, royalties (including payments

2 for royalty taken in kind and sold), net profit share

3 payments, and related late-payment interest from

4 natural gas and oil leases issued pursuant to the

5 Outer Continental Shelf Lands Act. Such term does

6 not include any revenues from a leased tract or por7 tion of a leased tract that is located in a geographic

8 area subject to a leasing moratorium on January 1,

9 1999, unless the lease was issued prior to the estab10 lishment of the moratorium and was in production on

11 January 1, 1999.

12 (13) The term ‘‘Secretary’’ means the Secretary

13 of the Interior or the Secretary’s designee, except as

14 otherwise specifically provided.

15 (14) The term ‘‘Fund’’ means the Conservation

16 and Reinvestment Act Fund established under section

17 5.

18 SEC. 4. ANNUAL REPORTS.

19 (a) STATE REPORTS.—On June 15 of each year, each

20 Governor receiving moneys from the Fund shall account for

21 all moneys so received for the previous fiscal year in a writ22 ten report to the Secretary of the Interior or the Secretary

23 of Agriculture, as appropriate. The report shall include, in

24 accordance with regulations prescribed by the Secretaries,

25 a description of all projects and activities receiving funds
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1 under this Act. In order to avoid duplication, such report

2 may incorporate by reference any other reports required to

3 be submitted under other provisions of law to the Secretary

4 concerned by the Governor regarding any portion of such

5 moneys.

6 (b) REPORT TO CONGRESS.—On January 1 of each

7 year the Secretary of the Interior, in consultation with the

8 Secretary of Agriculture, shall submit an annual report to

9 the Congress documenting all moneys expended by the Sec10 retary of the Interior and the Secretary of Agriculture from

11 the Fund during the previous fiscal year and summarizing

12 the contents of the Governors’ reports submitted to the Sec13 retaries under subsection (a).

14 SEC. 5. CONSERVATION AND REINVESTMENT ACT FUND.

15 (a) ESTABLISHMENT OF FUND.—There is established

16 in the Treasury of the United States a fund which shall

17 be known as the ‘‘Conservation and Reinvestment Act

18 Fund’’. In each fiscal year after the fiscal year 2000, the

19 Secretary of the Treasury shall deposit into the Fund the

20 following amounts:

21 (1) OCS REVENUES.—An amount in each such

22 fiscal year from qualified Outer Continental Shelf

23 revenues equal to the difference between

24 $2,825,000,000 and the amounts deposited in the

25 Fund under paragraph (2), notwithstanding section 9
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1 of the Outer Continental Shelf Lands Act (43 U.S.C.

2 1338).

3 (2) AMOUNTS NOT DISBURSED.—All allocated

4 but undisbursed amounts returned to the Fund under

5 section 101(a)(2).

6 (3) INTEREST.—All interest earned under sub7 section (d) that is not made available under para8 graph (2) or (4) of that subsection.

9 (b) TRANSFER FOR EXPENDITURE.—In each fiscal

10 year after the fiscal year 2001, the Secretary of the Treas11 ury shall transfer amounts deposited into the Fund as fol12 lows:

13 (1) $1,000,000,000 to the Secretary of the Inte14 rior for purposes of making payments to coastal

15 States under title I of this Act.

16 (2) To the Land and Water Conservation Fund

17 for expenditure as provided in section 3(a) of the

18 Land and Water Conservation Fund Act of 1965 (16

19 U.S.C. 460l–6(a)) such amounts as are necessary to

20 make the income of the fund $900,000,000 in each

21 such fiscal year.

22 (3) $350,000,000 to the Federal aid to wildlife

23 restoration fund established under section 3 of the

24 Federal Aid in Wildlife Restoration Act (16 U.S.C.

25 669b).
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1 (4) $125,000,000 to the Secretary of the Interior

2 to carry out the Urban Park and Recreation Recovery

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

4 (5) $100,000,000 to the Secretary of the Interior

5 to carry out the National Historic Preservation Act

6 (16 U.S.C. 470 and following).

7 (6) $200,000,000 to the Secretary of the Interior

8 and the Secretary of Agriculture to carry out title VI

9 of this Act.

10 (7) $150,000,000 to the Secretary of the Interior

11 to carry out title VII of this Act with (A)

12 $100,000,000 of such amount transferred to the Sec13 retary of the Interior for purposes of subtitle A of title

14 VII and (B) $50,000,000 of such amount transferred

15 to the Secretary of the Interior for purposes of subtitle

16 B of title VII.

17 (c) SHORTFALL.—If amounts deposited into the Fund

18 in any fiscal year after the fiscal year 2000 are less than

19 $2,825,000,000, the amounts transferred under paragraphs

20 (1) through (7) of subsection (b) for that fiscal year shall

21 each be reduced proportionately.

22 (d) INTEREST.—

23 (1) IN GENERAL.—The Secretary of the Treasury

24 shall invest moneys in the Fund in public debt securi25 ties with maturities suitable to the needs of the Fund,
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1 as determined by the Secretary of the Treasury, and

2 bearing interest at rates determined by the Secretary

3 of the Treasury, taking into consideration current

4 market yields on outstanding marketable obligations

5 of the United States of comparable maturity.

6 (2) USE OF INTEREST.—Except as provided in

7 paragraphs (3) and (4), interest earned on such mon8 eys shall be available, without further appropriation,

9 for obligation or expenditure under—

10 (A) chapter 69 of title 31 of the United

11 States Code (relating to PILT), and

12 (B) section 401 of the Act of June 15, 1935

13 (49 Stat. 383; 16 U.S.C. 715s) (relating to refuge

14 revenue sharing).

15 In each fiscal year such interest shall be allocated be16 tween the programs referred to in subparagraph (A)

17 and (B) in proportion to the amounts authorized and

18 appropriated for that fiscal year under other provi19 sions of law for purposes of such programs.

20 (3) CEILING ON EXPENDITURES OF INTEREST.—

21 Amounts made available under paragraph (2) in each

22 fiscal year shall not exceed the lesser of the following:

23 (A) $200,000,000.

24 (B) The total amount authorized and ap25 propriated for that fiscal year under other provi-
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1 sions of law for purposes of the programs re2 ferred to in subparagraphs (A) and (B) of para3 graph (2).

4 (4) TITLE III INTEREST.—All interest attrib5 utable to amounts transferred by the Secretary of the

6 Treasury to the Secretary of the Interior for purposes

7 of title III of this Act (and the amendments made by

8 such title III) shall be available, without further ap9 propriation, for obligation or expenditure for pur10 poses of the North American Wetlands Conservation

11 Act of 1989 (16 U.S.C. 4401 and following)

12 (e) REFUNDS.—In those instances where through judi13 cial decision, administrative review, arbitration, or other

14 means there are royalty refunds owed to entities generating

15 revenues under this title, such refunds shall be paid by the

16 Secretary of the Treasury from amounts available in the

17 Fund.

18 SEC. 6. LIMITATION ON USE OF AVAILABLE AMOUNTS FOR

19 ADMINISTRATION.

20 Notwithstanding any other provision of law, of

21 amounts made available by this Act (including the amend22 ments made by this Act) for a particular activity, not more

23 than 2 percent may be used for administrative expenses of

24 that activity. Nothing in this section shall affect the prohi-
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1 bition contained in section 4(c)(3) of the Federal Aid in

2 Wildlife Restoration Act (as amended by this Act).

3 SEC. 7. BUDGETARY TREATMENT OF RECEIPTS AND DIS4 BURSEMENTS.

5 Notwithstanding any other provision of law, the re6 ceipts and disbursements of funds under this Act and the

7 amendments made by this Act—

8 (1) shall not be counted as new budget authority,

9 outlays, receipts, or deficit or surplus for purposes

10 of—

11 (A) the budget of the United States Govern12 ment as submitted by the President;

13 (B) the congressional budget (including al14 locations of budget authority and outlays pro15 vided therein); or

16 (C) the Balanced Budget and Emergency

17 Deficit Control Act of 1985; and

18 (2) shall be exempt from any general budget lim19 itation imposed by statute on expenditures and net

20 lending (budget outlays) of the United States Govern21 ment.

22 SEC. 8. RECORDKEEPING REQUIREMENTS.

23 The Secretary of the Interior in consultation with the

24 Secretary of Agriculture shall establish such rules regarding

25 recordkeeping by State and local governments and the au-
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1 diting of expenditures made by State and local governments

2 from funds made available under this Act as may be nec3 essary. Such rules shall be in addition to other requirements

4 established regarding recordkeeping and the auditing of

5 such expenditures under other authority of law.

6 SEC. 9. MAINTENANCE OF EFFORT AND MATCHING FUND7 ING.

8 (a) IN GENERAL.—Except as provided in subsection

9 (b), no State or local government shall receive any funds

10 under this Act during any fiscal year when its expenditures

11 of non-Federal funds for recurrent expenditures for pro12 grams for which funding is provided under this Act will

13 be less than its expenditures were for such programs during

14 the preceding fiscal year. No State or local government shall

15 receive any funding under this Act with respect to a pro16 gram unless the Secretary is satisfied that such a grant will

17 be so used to supplement and, to the extent practicable, in18 crease the level of State, local, or other non-Federal funds

19 available for such program. In order for the Secretary to

20 provide funding under this Act in a timely manner each

21 fiscal year, the Secretary shall compare a State or local gov22 ernment’s prospective expenditure level to that of its second

23 preceding fiscal year.

24 (b) EXCEPTION.—The Secretary may provide funding

25 under this Act to a State or local government not meeting
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1 the requirements of subsection (a) if the Secretary deter2 mines that a reduction in expenditures is attributable to

3 a non-selective reduction in the expenditures in the pro4 grams of all Executive branch agencies of the State or local

5 government.

6 (c) USE OF FUND TO MEET MATCHING REQUIRE7 MENTS.—All funds received by a State or local government

8 under this Act shall be treated as Federal funds for purposes

9 of compliance with any provision in effect under any other

10 law requiring that non-Federal funds be used to provide

11 a portion of the funding for any program or project.

12 SEC. 10. SUNSET.

13 This Act, including the amendments made by this Act,

14 shall have no force or effect after September 30, 2015.

15 SEC. 11. PROTECTION OF PRIVATE PROPERTY RIGHTS.

16 (a) SAVINGS CLAUSE.—Nothing in the Act shall au17 thorize that private property be taken for public use, with18 out just compensation as provided by the Fifth and Four19 teenth amendments to the United States Constitution.

20 (b) REGULATION.—Federal agencies, using funds ap21 propriated by this Act, may not apply any regulation on

22 any lands until the lands or water, or an interest therein,

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

24 Congress.
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1 SEC. 12. SIGNS.

2 (a) IN GENERAL.—The Secretary shall require, as a

3 condition of any financial assistance provided with

4 amounts made available by this Act, that the person that

5 owns or administers any site that benefits from such assist6 ance shall include on any sign otherwise installed at that

7 site at or near an entrance or public use focal point, a state8 ment that the existence or development of the site (or both),

9 as appropriate, is a product of such assistance.

10 (b) STANDARDS.—The Secretary shall provide for the

11 design of standardized signs for purposes of subsection (a),

12 and shall prescribe standards and guidelines for such signs.

13 TITLE I—IMPACT ASSISTANCE

14 AND COASTAL CONSERVATION

15 SEC. 101. IMPACT ASSISTANCE FORMULA AND PAYMENTS.

16 (a) IMPACT ASSISTANCE PAYMENTS TO STATES.—

17 (1) GRANT PROGRAM.—Amounts transferred to

18 the Secretary of the Interior from the Conservation

19 and Reinvestment Act Fund under section 5(b)(1) of

20 this Act for purposes of making payments to coastal

21 States under this title in any fiscal year shall be allo22 cated by the Secretary of the Interior among coastal

23 States as provided in this section in each such fiscal

24 year. In each such fiscal year, the Secretary of the In25 terior shall, without further appropriation, disburse

26 such allocated funds to those coastal States for which
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1 the Secretary has approved a Coastal State Conserva2 tion and Impact Assistance Plan as required by this

3 title. Payments for all projects shall be made by the

4 Secretary to the Governor of the State or to the State

5 official or agency designated by the Governor or by

6 State law as having authority and responsibility to

7 accept and to administer funds paid hereunder. No

8 payment shall be made to any State until the State

9 has agreed to provide such reports to the Secretary,

10 in such form and containing such information, as

11 may be reasonably necessary to enable the Secretary

12 to perform his duties under this title, and provide

13 such fiscal control and fund accounting procedures as

14 may be necessary to assure proper disbursement and

15 accounting for Federal revenues paid to the State

16 under this title.

17 (2) FAILURE TO HAVE PLAN APPROVED.—At the

18 end of each fiscal year, the Secretary shall return to

19 the Conservation and Reinvestment Act Fund any

20 amount that the Secretary allocated, but did not dis21 burse, in that fiscal year to a coastal State that does

22 not have an approved plan under this title before the

23 end of the fiscal year in which such grant is allocated,

24 except that the Secretary shall hold in escrow until

25 the final resolution of the appeal any amount allo-
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1 cated, but not disbursed, to a coastal State that has

2 appealed the disapproval of a plan submitted under

3 this title.

4 (b) ALLOCATION AMONG COASTAL STATES.—

5 (1) ALLOCABLE SHARE FOR EACH STATE.—For

6 each coastal State, the Secretary shall determine the

7 State’s allocable share of the total amount of the reve8 nues transferred from the Fund under section 5(b)(1)

9 for each fiscal year using the following weighted for10 mula:

11 (A) 50 percent of such revenues shall be al12 located among the coastal States as provided in

13 paragraph (2).

14 (B) 25 percent of such revenues shall be al15 located to each coastal State based on the ratio

16 of each State’s shoreline miles to the shoreline

17 miles of all coastal States.

18 (C) 25 percent of such revenues shall be al19 located to each coastal State based on the ratio

20 of each State’s coastal population to the coastal

21 population of all coastal States.

22 (2) OFFSHORE OUTER CONTINENTAL SHELF

23 SHARE.—If any portion of a producing State lies

24 within a distance of 200 miles from the geographic

25 center of any leased tract, the Secretary of the Inte-
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1 rior shall determine such State’s allocable share under

2 paragraph (1)(A) based on the formula set forth in

3 this paragraph. Such State share shall be calculated

4 as of the date of the enactment of this Act for the first

5 5-fiscal year period during which funds are disbursed

6 under this title and recalculated on the anniversary

7 of such date each fifth year thereafter for each suc8 ceeding 5-fiscal year period. Each such State’s allo9 cable share of the revenues disbursed under paragraph

10 (1)(A) shall be inversely proportional to the distance

11 between the nearest point on the coastline of such

12 State and the geographic center of each leased tract

13 or portion of the leased tract (to the nearest whole

14 mile) that is within 200 miles of that coastline, as de15 termined by the Secretary for the 5-year period con16 cerned. In applying this paragraph a leased tract or

17 portion of a leased tract shall be excluded if the tract

18 or portion is located in a geographic area subject to

19 a leasing moratorium on January 1, 1999, unless the

20 lease was issued prior to the establishment of the mor21 atorium and was in production on January 1, 1999.

22 (3) MINIMUM STATE SHARE.—

23 (A) IN GENERAL.—The allocable share of

24 revenues determined by the Secretary under this

25 subsection for each coastal State with an ap-
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1 proved coastal management program (as defined

2 by the Coastal Zone Management Act (16 U.S.C.

3 1451)), or which is making satisfactory progress

4 toward one, shall not be less in any fiscal year

5 than 0.50 percent of the total amount of the reve6 nues transferred by the Secretary of the Treasury

7 to the Secretary of the Interior for purposes of

8 this title for that fiscal year under subsection

9 (a). For any other coastal State the allocable

10 share of such revenues shall not be less than 0.25

11 percent of such revenues.

12 (B) RECOMPUTATION.—Where one or more

13 coastal States’ allocable shares, as computed

14 under paragraphs (1) and (2), are increased by

15 any amount under this paragraph, the allocable

16 share for all other coastal States shall be recom17 puted and reduced by the same amount so that

18 not more than 100 percent of the amount trans19 ferred by the Secretary of the Treasury to the

20 Secretary of the Interior for purposes of this title

21 for that fiscal year under section 5(b)(1) is allo22 cated to all coastal States. The reduction shall be

23 divided pro rata among such other coastal

24 States.
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1 (c) PAYMENTS TO POLITICAL SUBDIVISIONS.—In the

2 case of a producing State, the Governor of the State shall

3 pay 50 percent of the State’s allocable share, as determined

4 under subsection (b), to the coastal political subdivisions

5 in such State. Such payments shall be allocated among such

6 coastal political subdivisions of the State according to an

7 allocation formula analogous to the allocation formula used

8 in subsection (b) to allocate revenues among the coastal

9 States, except that a coastal political subdivision in the

10 State of California that has a coastal shoreline, that is not

11 within 200 miles of the geographic center of a leased tract

12 or portion of a leased tract, and in which there is located

13 one or more oil refineries shall be eligible for that portion

14 of the allocation described in subsection (b)(1)(A) and (b)(2)

15 in the same manner as if that political subdivision were

16 located within a distance of 50 miles from the geographic

17 center of any leased tract.

18 (d) TIME OF PAYMENT.—Payments to coastal States

19 and coastal political subdivisions under this section shall

20 be made not later than December 31 of each year from reve21 nues received during the immediately preceding fiscal year.

22 SEC. 102. COASTAL STATE CONSERVATION AND IMPACT AS23 SISTANCE PLANS.

24 (a) DEVELOPMENT AND SUBMISSION OF STATE

25 PLANS.—Each coastal State seeking to receive grants under
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1 this title shall prepare, and submit to the Secretary, a

2 Statewide Coastal State Conservation and Impact Assist3 ance Plan. In the case of a producing State, the Governor

4 shall incorporate the plans of the coastal political subdivi5 sions into the Statewide plan for transmittal to the Sec6 retary. The Governor shall solicit local input and shall pro7 vide for public participation in the development of the

8 Statewide plan. The plan shall be submitted to the Sec9 retary by April 1 of the calendar year after the calendar

10 year in which this Act is enacted.

11 (b) APPROVAL OR DISAPPROVAL.—

12 (1) IN GENERAL.—Approval of a Statewide plan

13 under subsection (a) is required prior to disbursement

14 of funds under this title by the Secretary. The Sec15 retary shall approve the Statewide plan if the Sec16 retary determines, in consultation with the Secretary

17 of Commerce, that the plan is consistent with the uses

18 set forth in subsection (c) and if the plan contains

19 each of the following:

20 (A) The name of the State agency that will

21 have the authority to represent and act for the

22 State in dealing with the Secretary for purposes

23 of this title.

24 (B) A program for the implementation of

25 the plan which, for producing States, includes a
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1 description of how funds will be used to address

2 the impacts of oil and gas production from the

3 Outer Continental Shelf.

4 (C) Certification by the Governor that

5 ample opportunity has been accorded for public

6 participation in the development and revision of

7 the plan.

8 (D) Measures for taking into account other

9 relevant Federal resources and programs. The

10 plan shall be correlated so far as practicable

11 with other State, regional, and local plans.

12 (2) PROCEDURE AND TIMING; REVISIONS.—The

13 Secretary shall approve or disapprove each plan sub14 mitted in accordance with this section. If a State first

15 submits a plan by not later than 90 days before the

16 beginning of the first fiscal year to which the plan

17 applies, the Secretary shall approve or disapprove the

18 plan by not later than 30 days before the beginning

19 of that fiscal year.

20 (3) AMENDMENT OR REVISION.—Any amendment

21 to or revision of the plan shall be prepared in accord22 ance with the requirements of this subsection and

23 shall be submitted to the Secretary for approval or

24 disapproval. Any such amendment or revision shall

25 take effect only for fiscal years after the fiscal year in
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1 which the amendment or revision is approved by the

2 Secretary.

3 (c) AUTHORIZED USES OF STATE GRANT FUNDING.—

4 The funds provided under this title to a coastal State and

5 for coastal political subdivisions are authorized to be used

6 only for one or more of the following purposes:

7 (1) Data collection, including but not limited to

8 fishery or marine mammal stock surveys in State wa9 ters or both, cooperative State, interstate, and Federal

10 fishery or marine mammal stock surveys or both, co11 operative initiatives with university and private enti12 ties for fishery and marine mammal surveys, activi13 ties related to marine mammal and fishery inter14 actions, and other coastal living marine resources

15 surveys.

16 (2) The conservation, restoration, enhancement,

17 or creation of coastal habitats.

18 (3) Cooperative Federal or State enforcement of

19 marine resources management statutes.

20 (4) Fishery observer coverage programs in State

21 or Federal waters.

22 (5) Invasive, exotic, and nonindigenous species

23 identification and control.

24 (6) Coordination and preparation of cooperative

25 fishery conservation and management plans between
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1 States including the development and implementation

2 of population surveys, assessments and monitoring

3 plans, and the preparation and implementation of

4 State fishery management plans developed by inter5 state marine fishery commissions.

6 (7) Preparation and implementation of State

7 fishery or marine mammal management plans that

8 comply with bilateral or multilateral international

9 fishery or marine mammal conservation and manage10 ment agreements or both.

11 (8) Coastal and ocean observations necessary to

12 develop and implement real time tide and current

13 measurement systems.

14 (9) Implementation of federally approved ma15 rine, coastal, or comprehensive conservation and

16 management plans.

17 (10) Mitigating marine and coastal impacts of

18 Outer Continental Shelf activities including impacts

19 on onshore infrastructure.

20 (11) Projects that promote research, education,

21 training, and advisory services in fields related to

22 ocean, coastal, and Great Lakes resources.

23 (d) COMPLIANCE WITH AUTHORIZED USES.—Based

24 on the annual reports submitted under section 4 of this Act

25 and on audits conducted by the Secretary under section 8,
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1 the Secretary shall review the expenditures made by each

2 State and coastal political subdivision from funds made

3 available under this title. If the Secretary determines that

4 any expenditure made by a State or coastal political sub5 division of a State from such funds is not consistent with

6 the authorized uses set forth in subsection (c), the Secretary

7 shall not make any further grants under this title to that

8 State until the funds used for such expenditure have been

9 repaid to the Conservation and Reinvestment Act Fund.

10 TITLE II—LAND AND WATER

11 CONSERVATION FUND REVI12 TALIZATION

13 SEC. 201. AMENDMENT OF LAND AND WATER CONSERVA14 TION FUND ACT OF 1965.

15 Except as otherwise expressly provided, whenever in

16 this title an amendment or repeal is expressed in terms of

17 an amendment to, or repeal of, a section or other provision,

18 the reference shall be considered to be made to a section or

19 other provision of the Land and Water Conservation Fund

20 Act of 1965 (16 U.S.C. 460l–4 and following).

21 SEC. 202. EXTENSION OF FUND; TREATMENT OF AMOUNTS

22 TRANSFERRED FROM CONSERVATION AND

23 REINVESTMENT ACT FUND.

24 Section 2(c) is amended to read as follows:
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1 ‘‘(c) AMOUNTS TRANSFERRED FROM CONSERVATION

2 AND REINVESTMENT ACT FUND.—In addition to the sum

3 of the revenues and collections estimated by the Secretary

4 of the Interior to be covered into the fund pursuant to sub5 sections (a) and (b) of this section, there shall be covered

6 into the fund all amounts transferred to the fund under sec7 tion 5(b)(2) of the Conservation and Reinvestment Act of

8 1999.’’.

9 SEC. 203. AVAILABILITY OF AMOUNTS.

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

11 follows:

12 ‘‘APPROPRIATIONS

13 ‘‘SEC. 3. (a) IN GENERAL.—There are authorized to

14 be appropriated to the Secretary from the fund to carry

15 out this Act not more than $900,000,000 in any fiscal year

16 after the fiscal year 2001. Amounts transferred to the fund

17 from the Conservation and Reinvestment Act Fund and

18 amounts covered into the fund under subsections (a) and

19 (b) of section 2 shall be available to the Secretary in fiscal

20 years after the fiscal year 2001 without further appropria21 tion to carry out this Act.

22 ‘‘(b) OBLIGATION AND EXPENDITURE OF AVAILABLE

23 AMOUNTS.—Amounts available for obligation or expendi24 ture from the fund or from the special account established

25 under section 4(i)(1) may be obligated or expended only as

26 provided in this Act.’’.
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1 SEC. 204. ALLOCATION OF FUND.

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

3 follows:

4 ‘‘ALLOCATION OF FUNDS

5 ‘‘SEC. 5. Of the amounts made available for each fiscal

6 year to carry out this Act—

7 ‘‘(1) 50 percent shall be available for Federal

8 purposes (in this Act referred to as the ‘Federal por9 tion’); and

10 ‘‘(2) 50 percent shall be available for grants to

11 States.’’.

12 SEC. 205. USE OF FEDERAL PORTION.

13 Section 7 (16 U.S.C. 460l–9) is amended by adding

14 at the end the following:

15 ‘‘(d) USE OF FEDERAL PORTION.—

16 ‘‘(1) APPROVAL BY CONGRESS REQUIRED.—The

17 Federal portion (as that term is defined in section

18 5(1)) may not be obligated or expended by the Sec19 retary of the Interior or the Secretary of Agriculture

20 for any acquisition except those specifically referred

21 to, and approved by the Congress, in an Act making

22 appropriations for the Department of the Interior or

23 the Department of Agriculture, respectively.

24 ‘‘(2) WILLING SELLER REQUIREMENT.—The Fed25 eral portion may not be used to acquire any property

26 unless—
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1 ‘‘(A) the owner of the property concurs in

2 the acquisition; or

3 ‘‘(B) acquisition of that property is specifi4 cally approved by an Act of Congress.

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

6 ‘‘(1) RESTRICTION ON USE.—The Federal por7 tion for a fiscal year may not be obligated or ex8 pended to acquire any interest in lands or water un9 less the lands or water were included in a list of ac10 quisitions that is approved by the Congress. This list

11 shall include an inventory of surplus lands under the

12 administrative jurisdiction of the Secretary of the In13 terior and the Secretary of Agriculture for which

14 there is no demonstrated compelling program need.

15 ‘‘(2) TRANSMISSION OF LIST.—(A) The Secretary

16 of the Interior and the Secretary of Agriculture shall

17 jointly transmit to the appropriate authorizing and

18 appropriations committees of the House of Represent19 atives and the Senate for each fiscal year, by no later

20 than the submission of the budget for the fiscal year

21 under section 1105 of title 31, United States Code, a

22 list of the acquisitions of interests in lands and water

23 proposed to be made with the Federal portion for the

24 fiscal year.
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1 ‘‘(B) In preparing each list, the Secretary

2 shall—

3 ‘‘(i) seek to consolidate Federal landholdings

4 in States with checkerboard Federal land owner5 ship patterns;

6 ‘‘(ii) consider the use of equal value land ex7 changes, where feasible and suitable, as an alter8 native means of land acquisition;

9 ‘‘(iii) consider the use of permanent con10 servation easements, where feasible and suitable,

11 as an alternative means of acquisition;

12 ‘‘(iv) identify those properties that are pro13 posed to be acquired from willing sellers and

14 specify any for which adverse condemnation is

15 requested; and

16 ‘‘(v) establish priorities based on such fac17 tors as important or special resource attributes,

18 threats to resource integrity, timely availability,

19 owner hardship, cost escalation, public recreation

20 use values, and similar considerations.

21 ‘‘(3) INFORMATION REGARDING PROPOSED AC22 QUISITIONS.—Each list shall include, for each pro23 posed acquisition included in the list—

24 ‘‘(A) citation of the statutory authority for

25 the acquisition, if such authority exists; and
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1 ‘‘(B) an explanation of why the particular

2 interest proposed to be acquired was selected.

3 ‘‘(f) NOTIFICATION TO AFFECTED AREAS RE4 QUIRED.—The Federal portion for a fiscal year may not

5 be used to acquire any interest in land unless the Secretary

6 administering the acquisition, by not later than 30 days

7 after the date the Secretaries submit the list under sub8 section (e) for the fiscal year, provides notice of the proposed

9 acquisition—

10 ‘‘(1) in writing to each Member of and each Del11 egate and Resident Commissioner to the Congress

12 elected to represent any area in which is located—

13 ‘‘(A) the land; or

14 ‘‘(B) any part of any federally designated

15 unit that includes the land;

16 ‘‘(2) in writing to the Governor of the State in

17 which the land is located;

18 ‘‘(3) in writing to each State political subdivi19 sion having jurisdiction over the land; and

20 ‘‘(4) by publication of a notice in a newspaper

21 that is widely distributed in the area under the juris22 diction of each such State political subdivision, that

23 includes a clear statement that the Federal Govern24 ment intends to acquire an interest in land.
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1 ‘‘(g) COMPLIANCE WITH REQUIREMENTS UNDER FED2 ERAL LAWS.—

3 ‘‘(1) IN GENERAL.—The Federal portion for a

4 fiscal year may not be used to acquire any interest

5 in land or water unless the following have occurred:

6 ‘‘(A) All actions required under Federal law

7 with respect to the acquisition have been com8 plied with.

9 ‘‘(B) A copy of each final environmental

10 impact statement or environmental assessment

11 required by law, and a summary of all public

12 comments regarding the acquisition that have

13 been received by the agency making the acquisi14 tion, are submitted to the Committee on Re15 sources of the House of Representatives, the Com16 mittee on Energy and Natural Resources of the

17 Senate, and the Committees on Appropriations

18 of the House of Representatives and of the

19 Senate.

20 ‘‘(C) A notice of the availability of such

21 statement or assessment and of such summary is

22 provided to—

23 ‘‘(i) each Member of and each Delegate

24 and Resident Commissioner to the Congress
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1 elected to represent the area in which the

2 land is located;

3 ‘‘(ii) the Governor of the State in

4 which the land is located; and

5 ‘‘(iii) each State political subdivision

6 having jurisdiction over the land.

7 ‘‘(2) LIMITATION ON APPLICATION.—Paragraph

8 (1) shall not apply to any acquisition that is specifi9 cally authorized by a Federal law.’’.

10 SEC. 206. ALLOCATION OF AMOUNTS AVAILABLE FOR STATE

11 PURPOSES.

12 (a) IN GENERAL.—Section 6(b) (16 U.S.C. 460l–8(b))

13 is amended to read as follows:

14 ‘‘(b) DISTRIBUTION AMONG THE STATES.—(1) Sums

15 in the fund available each fiscal year for State purposes

16 shall be apportioned among the several States by the Sec17 retary, in accordance with this subsection. The determina18 tion of the apportionment by the Secretary shall be final.

19 ‘‘(2) Subject to paragraph (3), of sums in the fund

20 available each fiscal year for State purposes—

21 ‘‘(A) 30 percent shall be apportioned equal22 ly among the several States; and

23 ‘‘(B) 70 percent shall be apportioned so that

24 the ratio that the amount apportioned to each

25 State under this subparagraph bears to the total
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1 amount apportioned under this subparagraph

2 for the fiscal year is equal to the ratio that the

3 population of the State bears to the total popu4 lation of all States.

5 ‘‘(3) The total allocation to an individual State for

6 a fiscal year under paragraph (2) shall not exceed 10 per7 cent of the total amount allocated to the several States under

8 paragraph (2) for that fiscal year.

9 ‘‘(4) The Secretary shall notify each State of its appor10 tionment, and the amounts thereof shall be available there11 after to the State for planning, acquisition, or development

12 projects as hereafter described. Any amount of any appor13 tionment under this subsection that has not been paid or

14 obligated by the Secretary during the fiscal year in which

15 such notification is given and the two fiscal years thereafter

16 shall be reapportioned by the Secretary in accordance with

17 paragraph (2), but without regard to the 10 percent limita18 tion to an individual State specified in paragraph (3).

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

20 ‘‘(i) the District of Columbia shall be treated as

21 a State; and

22 ‘‘(ii) Puerto Rico, the Virgin Islands, Guam, and

23 American Samoa—

24 ‘‘(I) shall be treated collectively as one

25 State; and
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1 ‘‘(II) shall each be allocated an equal share

2 of any amount distributed to them pursuant to

3 clause (i).

4 ‘‘(B) Each of the areas referred to in subparagraph

5 (A) shall be treated as a State for all other purposes of this

6 Act.’’.

7 (b) TRIBES AND ALASKA NATIVE CORPORATIONS.—

8 Section 6(b)(5) (16 U.S.C. 460l–8(b)(5)) is further amended

9 by adding at the end the following new subparagraph:

10 ‘‘(C) For the purposes of paragraph (1), all federally

11 recognized Indian tribes and Native Corporations (as de12 fined in section 3 of the Alaska Native Claims Settlement

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

14 the apportionment under paragraph (1) in accordance with

15 a competitive grant program established by the Secretary

16 by rule. The total apportionment available to such tribes

17 and Native Corporations shall be equivalent to the amount

18 available to a single State. No single tribe or Native Cor19 poration shall receive a grant that constitutes more than

20 10 percent of the total amount made available to all tribes

21 and Native Corporations pursuant to the apportionment

22 under paragraph (1). Funds received by a tribe or Native

23 Corporation under this subparagraph may be expended

24 only for the purposes specified in paragraphs (1) and (3)

25 of subsection (a).’’.
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1 (c) LOCAL ALLOCATION.—Section 6(b) (16 U.S.C.

2 460l–8(b)) is amended by adding at the end the following:

3 ‘‘(6) Absent some compelling and annually docu4 mented reason to the contrary acceptable to the Secretary

5 of the Interior, each State (other than an area treated as

6 a State under paragraph (5)) shall make available as

7 grants to local governments, at least 50 percent of the an8 nual State apportionment, or an equivalent amount made

9 available from other sources.’’.

10 SEC. 207. STATE PLANNING.

11 (a) STATE ACTION AGENDA REQUIRED.—

12 (1) IN GENERAL.—Section 6(d) (16 U.S.C. 460l–

13 8(d)) is amended to read as follows:

14 ‘‘(d) STATE ACTION AGENDA REQUIRED.—(1) Each

15 State may define its own priorities and criteria for selec16 tion of outdoor conservation and recreation acquisition and

17 development projects eligible for grants under this Act so

18 long as it provides for public involvement in this process

19 and publishes an accurate and current State Action Agenda

20 for Community Conservation and Recreation (in this Act

21 referred to as the ‘State Action Agenda’) indicating the

22 needs it has identified and the priorities and criteria it has

23 established. In order to assess its needs and establish its

24 overall priorities, each State, in partnership with its local

25 governments and Federal agencies, and in consultation with
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1 its citizens, shall develop, within 5 years after the enact2 ment of the Conservation and Reinvestment Act of 1999,

3 a State Action Agenda that meets the following require4 ments:

5 ‘‘(A) The agenda must be strategic, originating

6 in broad-based and long-term needs, but focused on

7 actions that can be funded over the next 4 years.

8 ‘‘(B) The agenda must be updated at least once

9 every 4 years and certified by the Governor that the

10 State Action Agenda conclusions and proposed ac11 tions have been considered in an active public in12 volvement process.

13 ‘‘(2) State Action Agendas shall take into account all

14 providers of conservation and recreation lands within each

15 State, including Federal, regional, and local government re16 sources, and shall be correlated whenever possible with other

17 State, regional, and local plans for parks, recreation, open

18 space, and wetlands conservation. Recovery action pro19 grams developed by urban localities under section 1007 of

20 the Urban Park and Recreation Recovery Act of 1978 shall

21 be used by a State as a guide to the conclusions, priorities,

22 and action schedules contained in State Action Agenda.

23 Each State shall assure that any requirements for local out24 door conservation and recreation planning, promulgated as

25 conditions for grants, minimize redundancy of local efforts
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1 by allowing, wherever possible, use of the findings, prior2 ities, and implementation schedules of recovery action pro3 grams to meet such requirements.’’.

4 (2) EXISTING STATE PLANS.—Comprehensive

5 State Plans developed by any State under section

6 6(d) of the Land and Water Conservation Fund Act

7 of 1965 before the date that is 5 years after the enact8 ment of this Act shall remain in effect in that State

9 until a State Action Agenda has been adopted pursu10 ant to the amendment made by this subsection, but no

11 later than 5 years after the enactment of this Act.

12 (b) MISCELLANEOUS.—Section 6(e) (16 U.S.C. 460l–

13 8(e)) is amended as follows:

14 (1) In the matter preceding paragraph (1) by

15 striking ‘‘State comprehensive plan’’ and inserting

16 ‘‘State Action Agenda’’.

17 (2) In paragraph (1) by striking ‘‘comprehensive

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

19 SEC. 208. ASSISTANCE TO STATES FOR OTHER PROJECTS.

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

21 (1) in subsection (e)(1) by striking ‘‘, but not in22 cluding incidental costs relating to acquisition’’; and

23 (2) in subsection (e)(2) by inserting before the

24 period at the end the following: ‘‘or to enhance public

25 safety within a designated park or recreation area’’.
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1 SEC. 209. CONVERSION OF PROPERTY TO OTHER USE.

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

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

4 (2) by striking the second sentence and inserting

5 the following:

6 ‘‘(B) The Secretary shall approve such conversion only

7 if the State demonstrates no prudent or feasible alternative

8 exists with the exception of those properties that no longer

9 meet the criteria within the State Plan or Agenda as an

10 outdoor conservation and recreation facility due to changes

11 in demographics or that must be abandoned because of envi12 ronmental contamination which endangers public health

13 and safety. Any conversion must satisfy such conditions as

14 the Secretary deems necessary to assure the substitution of

15 other conservation and recreation properties of at least

16 equal fair market value and reasonably equivalent useful17 ness and location and which are consistent with the existing

18 State Plan or Agenda; except that wetland areas and inter19 ests therein as identified in the wetlands provisions of the

20 action agenda and proposed to be acquired as suitable re21 placement property within that same State that is otherwise

22 acceptable to the Secretary shall be considered to be of rea23 sonably equivalent usefulness with the property proposed for

24 conversion.’’.

25 SEC. 210. WATER RIGHTS.

26 Title I is amended by adding at the end the following:
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1 ‘‘WATER RIGHTS

2 ‘‘SEC. 14. Nothing in this title—

3 ‘‘(1) invalidates or preempts State or Federal

4 water law or an interstate compact governing water;

5 ‘‘(2) alters the rights of any State to any appro6 priated share of the waters of any body of surface or

7 ground water, whether determined by past or future

8 interstate compacts or by past or future legislative or

9 final judicial allocations;

10 ‘‘(3) preempts or modifies any Federal or State

11 law, or interstate compact, dealing with water quality

12 or disposal; or

13 ‘‘(4) confers on any non-Federal entity the abil14 ity to exercise any Federal right to the waters of any

15 stream or to any ground water resource.’’.

16 TITLE III—WILDLIFE CONSERVA17 TION AND RESTORATION

18 SEC. 301. PURPOSES.

19 The purposes of this title are—

20 (1) to extend financial and technical assistance

21 to the States under the Federal Aid to Wildlife Res22 toration Act for the benefit of a diverse array of wild23 life and associated habitats, including species that are

24 not hunted or fished, to fulfill unmet needs of wildlife
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1 within the States in recognition of the primary role

2 of the States to conserve all wildlife;

3 (2) to assure sound conservation policies through

4 the development, revision, and implementation of a

5 comprehensive wildlife conservation and restoration

6 plan;

7 (3) to encourage State fish and wildlife agencies

8 to participate with the Federal Government, other

9 State agencies, wildlife conservation organizations,

10 and outdoor recreation and conservation interests

11 through cooperative planning and implementation of

12 this title; and

13 (4) to encourage State fish and wildlife agencies

14 to provide for public involvement in the process of de15 velopment and implementation of a wildlife conserva16 tion and restoration program.

17 SEC. 302. DEFINITIONS.

18 (a) REFERENCE TO LAW.—In this title, the term ‘‘Fed19 eral Aid in Wildlife Restoration Act’’ means the Act of Sep20 tember 2, 1937 (16 U.S.C. 669 and following), commonly

21 referred to as the Federal Aid in Wildlife Restoration Act

22 or the Pittman-Robertson Act.

23 (b) WILDLIFE CONSERVATION AND RESTORATION PRO24 GRAM.—Section 2 of the Federal Aid in Wildlife Restora25 tion Act (16 U.S.C. 669a) is amended by inserting after
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1 ‘‘shall be construed’’ the first place it appears the following:

2 ‘‘to include the wildlife conservation and restoration pro3 gram and’’.

4 (c) STATE AGENCIES.—Section 2 of the Federal Aid

5 in Wildlife Restoration Act (16 U.S.C. 669a) is amended

6 by inserting ‘‘or State fish and wildlife department’’ after

7 ‘‘State fish and game department’’.

8 (d) DEFINITIONS.—Section 2 of the Federal Aid in

9 Wildlife Restoration Act (16 U.S.C. 669a) is amended by

10 striking the period at the end thereof, substituting a semi11 colon, and adding the following: ‘‘the term ‘conservation’

12 shall be construed to mean the use of methods and proce13 dures necessary or desirable to sustain healthy populations

14 of wildlife including all activities associated with scientific

15 resources management such as research, census, monitoring

16 of populations, acquisition, improvement and management

17 of habitat, live trapping and transplantation, wildlife dam18 age management, and periodic or total protection of a spe19 cies or population as well as the taking of individuals with20 in wildlife stock or population if permitted by applicable

21 State and Federal law; the term ‘wildlife conservation and

22 restoration program’ means a program developed by a State

23 fish and wildlife department and approved by the Secretary

24 under section 4(d), the projects that constitute such a pro25 gram, which may be implemented in whole or part through
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1 grants and contracts by a State to other State, Federal, or

2 local agencies (including those that gather, evaluate, and

3 disseminate information on wildlife and their habitats),

4 wildlife conservation organizations, and outdoor recreation

5 and conservation education entities from funds apportioned

6 under this title, and maintenance of such projects; the term

7 ‘wildlife’ shall be construed to mean any species of wild,

8 free-ranging fauna including fish, and also fauna in cap9 tive breeding programs the object of which is to reintroduce

10 individuals of a depleted indigenous species into previously

11 occupied range; the term ‘wildlife-associated recreation’

12 shall be construed to mean projects intended to meet the

13 demand for outdoor activities associated with wildlife in14 cluding, but not limited to, hunting and fishing, wildlife

15 observation and photography, such projects as construction

16 or restoration of wildlife viewing areas, observation towers,

17 blinds, platforms, land and water trails, water access, trail

18 heads, and access for such projects; and the term ‘wildlife

19 conservation education’ shall be construed to mean projects,

20 including public outreach, intended to foster responsible

21 natural resource stewardship.’’.
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1 SEC. 303. TREATMENT OF AMOUNTS TRANSFERRED FROM

2 CONSERVATION AND REINVESTMENT ACT

3 FUND.

4 Section 3 of the Federal Aid in Wildlife Restoration

5 Act (16 U.S.C. 669b) is amended—

6 (1) in subsection (a) by inserting ‘‘(1)’’ after

7 ‘‘(a)’’, and by adding at the end the following:

8 ‘‘(2) There is established in the Federal aid to wildlife

9 restoration fund a subaccount to be known as the ‘wildlife

10 conservation and restoration account’. Amounts transferred

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

12 Conservation and Reinvestment Act of 1999 shall be depos13 ited in the subaccount and shall be available without further

14 appropriation, in each fiscal year, for apportionment in

15 accordance with this Act to carry out State wildlife con16 servation and restoration programs.’’; and

17 (2) by adding at the end the following:

18 ‘‘(c) Amounts transferred to the fund from the Con19 servation and Reinvestment Act Fund and apportioned

20 under subsection (a)(2) shall supplement, but not replace,

21 existing funds available to the States from the sport fish

22 restoration account and wildlife restoration account and

23 shall be used for the development, revision, and implementa24 tion of wildlife conservation and restoration programs and

25 should be used to address the unmet needs for a diverse

26 array of wildlife and associated habitats, including species
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1 that are not hunted or fished, for wildlife conservation,

2 wildlife conservation education, and wildlife-associated

3 recreation projects. Such funds may be used for new pro4 grams and projects as well as to enhance existing programs

5 and projects.

6 ‘‘(d)(1) Notwithstanding subsections (a) and (b) of this

7 section, with respect to amounts transferred to the fund

8 from the Conservation and Reinvestment Act Fund so much

9 of such amounts as is apportioned to any State for any

10 fiscal year and as remains unexpended at the close thereof

11 shall remain available for expenditure in that State until

12 the close of—

13 ‘‘(A) the fourth succeeding fiscal year, in the case

14 of amounts transferred in any of the first 10 fiscal

15 years beginning after the date of enactment of the

16 Conservation and Reinvestment Act of 1999; or

17 ‘‘(B) the second succeeding fiscal year, in the

18 case of amounts transferred in a fiscal year beginning

19 after the 10-fiscal-year period referred to in subpara20 graph (A).

21 ‘‘(2) Any amount apportioned to a State under this

22 subsection that is unexpended or unobligated at the end of

23 the period during which it is available under paragraph

24 (1) shall be reapportioned to all States during the suc25 ceeding fiscal year.’’.
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1 SEC. 304. APPORTIONMENT OF AMOUNTS TRANSFERRED

2 FROM CONSERVATION AND REINVESTMENT

3 ACT FUND.

4 (a) IN GENERAL.—Section 4 of the Federal Aid in

5 Wildlife Restoration Act (16 U.S.C. 669c) is amended by

6 adding at the end the following new subsection:

7 ‘‘(c) AMOUNTS TRANSFERRED FROM CONSERVATION

8 AND REINVESTMENT ACT FUND.—(1) The Secretary of the

9 Interior shall make the following apportionment from the

10 amount transferred to the fund from the Conservation and

11 Reinvestment Act Fund for each fiscal year:

12 ‘‘(A) To the District of Columbia and to the

13 Commonwealth of Puerto Rico, each a sum equal to

not more than 1 14 ⁄2 of 1 percent thereof.

15 ‘‘(B) To Guam, American Samoa, the Virgin Is16 lands, and the Commonwealth of the Northern Mariana Islands, each a sum equal to not more than 1 17 ⁄6

18 of 1 percent thereof.

19 ‘‘(2)(A) The Secretary of the Interior, after making the

20 apportionment under paragraph (1), shall apportion the re21 mainder of the amount transferred to the fund from the

22 Conservation and Reinvestment Act Fund for each fiscal

23 year among the States in the following manner:

‘‘(i) 1 24 ⁄3 of which is based on the ratio to which

25 the land area of such State bears to the total land

26 area of all such States.
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‘‘(ii) 2 1 ⁄3 of which is based on the ratio to which

2 the population of such State bears to the total popu3 lation of all such States.

4 ‘‘(B) The amounts apportioned under this paragraph

5 shall be adjusted equitably so that no such State shall be

apportioned a sum which is less than 1 6 ⁄2 of 1 percent of

7 the amount available for apportionment under this para8 graph for any fiscal year or more than 5 percent of such

9 amount.

10 ‘‘(3) Amounts transferred to the fund from the Con11 servation and Reinvestment Act Fund shall not be available

12 for any expenses incurred in the administration and execu13 tion of programs carried out with such amounts.

14 ‘‘(d) WILDLIFE CONSERVATION AND RESTORATION

15 PROGRAMS.—(1) Any State, through its fish and wildlife

16 department, may apply to the Secretary of the Interior for

17 approval of a wildlife conservation and restoration pro18 gram, or for funds to develop a program. To apply, a State

19 shall submit a comprehensive plan that includes—

20 ‘‘(A) provisions vesting in the fish and wildlife

21 department of the State overall responsibility and ac22 countability for the program;

23 ‘‘(B) provisions for the development and imple24 mentation of—
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1 ‘‘(i) wildlife conservation projects that ex2 pand and support existing wildlife programs,

3 giving appropriate consideration to all wildlife;

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

5 and

6 ‘‘(iii) wildlife conservation education

7 projects pursuant to programs under section

8 8(a); and

9 ‘‘(C) provisions to ensure public participation in

10 the development, revision, and implementation of

11 projects and programs required under this paragraph.

12 ‘‘(2) A State shall provide an opportunity for public

13 participation in the development of the comprehensive plan

14 required under paragraph (1).

15 ‘‘(3) If the Secretary finds that the comprehensive plan

16 submitted by a State complies with paragraph (1), the Sec17 retary shall approve the wildlife conservation and restora18 tion program of the State and set aside from the apportion19 ment to the State made pursuant to subsection (c) an

20 amount that shall not exceed 75 percent of the estimated

21 cost of developing and implementing the program.

22 ‘‘(4)(A) Except as provided in subparagraph (B), after

23 the Secretary approves a State’s wildlife conservation and

24 restoration program, the Secretary may make payments on

25 a project that is a segment of the State’s wildlife conserva-
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1 tion and restoration program as the project progresses. Such

2 payments, including previous payments on the project, if

3 any, shall not be more than the United States pro rata

4 share of such project. The Secretary, under such regulations

5 as he may prescribe, may advance funds representing the

6 United States pro rata share of a project that is a segment

7 of a wildlife conservation and restoration program, includ8 ing funds to develop such program.

9 ‘‘(B) Not more than 10 percent of the amounts appor10 tioned to each State under this section for a State’s wildlife

11 conservation and restoration program may be used for wild12 life-associated recreation.

13 ‘‘(5) For purposes of this subsection, the term ‘State’

14 shall include the District of Columbia, the Commonwealth

15 of Puerto Rico, the Virgin Islands, Guam, American

16 Samoa, and the Commonwealth of the Northern Mariana

17 Islands.’’.

18 (b) FACA.—Coordination with State fish and wildlife

19 agency personnel or with personnel of other State agencies

20 pursuant to the Federal Aid in Wildlife Restoration Act or

21 the Federal Aid in Sport Fish Restoration Act shall not

22 be subject to the Federal Advisory Committee Act (5 U.S.C.

23 App.). Except for the preceding sentence, the provisions of

24 this title relate solely to wildlife conservation and restora25 tion programs and shall not be construed to affect the provi-
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1 sions of the Federal Aid in Wildlife Restoration Act relating

2 to wildlife restoration projects or the provisions of the Fed3 eral Aid in Sport Fish Restoration Act relating to fish res4 toration and management projects.

5 SEC. 305. EDUCATION.

6 Section 8(a) of the Federal Aid in Wildlife Restoration

7 Act (16 U.S.C. 669g(a)) is amended by adding the following

8 at the end thereof: ‘‘Funds available from the amount trans9 ferred to the fund from the Conservation and Reinvestment

10 Act Fund may be used for a wildlife conservation education

11 program, except that no such funds may be used for edu12 cation efforts, projects, or programs that promote or encour13 age opposition to the regulated taking of wildlife.’’.

14 SEC. 306. PROHIBITION AGAINST DIVERSION.

15 No designated State agency shall be eligible to receive

16 matching funds under this title if sources of revenue avail17 able to it after January 1, 1999, for conservation of wildlife

18 are diverted for any purpose other than the administration

19 of the designated State agency, it being the intention of

20 Congress that funds available to States under this title be

21 added to revenues from existing State sources and not serve

22 as a substitute for revenues from such sources. Such reve23 nues shall include interest, dividends, or other income

24 earned on the forgoing.
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1 TITLE IV—URBAN PARK AND

2 RECREATION RECOVERY PRO3 GRAM AMENDMENTS

4 SEC. 401. AMENDMENT OF URBAN PARK AND RECREATION

5 RECOVERY ACT OF 1978.

6 Except as otherwise expressly provided, whenever in

7 this title an amendment or repeal is expressed in terms of

8 an amendment to, or repeal of, a section or other provision,

9 the reference shall be considered to be made to a section or

10 other provision of the Urban Park and Recreation Recovery

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

12 SEC. 402. PURPOSE.

13 The purpose of this title is to provide a dedicated

14 source of funding to assist local governments in improving

15 their park and recreation systems.

16 SEC. 403. TREATMENT OF AMOUNTS TRANSFERRED FROM

17 CONSERVATION AND REINVESTMENT ACT

18 FUND.

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

20 follows:

21 ‘‘TREATMENT OF AMOUNTS TRANSFERRED FROM

22 CONSERVATION AND REINVESTMENT ACT FUND

23 ‘‘SEC. 1013. (a) IN GENERAL.—Amounts transferred

24 to the Secretary of the Interior under section 5(b)(4) of the

25 Conservation and Reinvestment Act of 1999 in a fiscal year
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1 shall be available to the Secretary without further appro2 priation to carry out this title. Any amount that has not

3 been paid or obligated by the Secretary before the end of

4 the second fiscal year beginning after the first fiscal year

5 in which the amount is available shall be reapportioned by

6 the Secretary among grantees under this title.

7 ‘‘(b) LIMITATIONS ON ANNUAL GRANTS.—Of the

8 amounts available in a fiscal year under subsection (a)—

9 ‘‘(1) not more that 3 percent may be used for

10 grants for the development of local park and recre11 ation recovery action programs pursuant to sections

12 1007(a) and 1007(c);

13 ‘‘(2) not more than 10 percent may be used for

14 innovation grants pursuant to section 1006; and

15 ‘‘(3) not more than 15 percent may be provided

16 as grants (in the aggregate) for projects in any one

17 State.

18 ‘‘(c) LIMITATION ON USE FOR GRANT ADMINISTRA19 TION.—The Secretary shall establish a limit on the portion

20 of any grant under this title that may be used for grant

21 and program administration.’’.

22 SEC. 404. AUTHORITY TO DEVELOP NEW AREAS AND FACILI23 TIES.

24 Section 1003 (16 U.S.C. 2502) is amended by insert25 ing ‘‘development of new recreation areas and facilities, in-
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1 cluding the acquisition of lands for such development,’’ after

2 ‘‘rehabilitation of critically needed recreation areas, facili3 ties,’’.

4 SEC. 405. DEFINITIONS.

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

6 (1) In paragraph (j) by striking ‘‘and’’ after the

7 semicolon.

8 (2) In paragraph (k) by striking the period at

9 the end and inserting a semicolon.

10 (3) By adding at the end the following:

11 ‘‘(l) ‘development grants’—

12 ‘‘(1) subject to subparagraph (2) means

13 matching capital grants to units of local govern14 ment to cover costs of development, land acquisi15 tion, and construction on existing or new neigh16 borhood recreation sites, including indoor and

17 outdoor recreational areas and facilities, support

18 facilities, and landscaping; and

19 ‘‘(2) does not include routine maintenance,

20 and upkeep activities; and

21 ‘‘(m) ‘Secretary’ means the Secretary of the Inte22 rior.’’.

23 SEC. 406. ELIGIBILITY.

24 Section 1005(a) (16 U.S.C. 2504(a)) is amended to

25 read as follows:
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1 ‘‘(a) Eligibility of general purpose local governments

2 to compete for assistance under this title shall be based upon

3 need as determined by the Secretary. Generally, eligible gen4 eral purpose local governments shall include the following:

5 ‘‘(1) All political subdivisions of Metropolitan,

6 Primary, or Consolidated Statistical Areas, as deter7 mined by the most recent Census.

8 ‘‘(2) Any other city, town, or group of cities or

9 towns (or both) within such a Metropolitan Statis10 tical Area, that has a total population of 50,000 or

11 more as determined by the most recent Census.

12 ‘‘(3) Any other county, parish, or township with

13 a total population of 250,000 or more as determined

14 by the most recent Census.’’.

15 SEC. 407. GRANTS.

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

17 (1) in subsection (a) by redesignating paragraph

18 (3) as paragraph (4); and

19 (2) by striking so much as precedes subsection

20 (a)(4) (as so redesignated) and inserting the fol21 lowing:

22 ‘‘GRANTS

23 ‘‘SEC. 1006. (a)(1) The Secretary may provide 70 per24 cent matching grants for rehabilitation, development, and

25 innovation purposes to any eligible general purpose local
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1 government upon approval by the Secretary of an applica2 tion submitted by the chief executive of such government.

3 ‘‘(2) At the discretion of such an applicant, a grant

4 under this section may be transferred in whole or part to

5 independent special purpose local governments, private

6 nonprofit agencies, or county or regional park authorities,

7 if—

8 ‘‘(A) such transfer is consistent with the ap9 proved application for the grant; and

10 ‘‘(B) the applicant provides assurance to the Sec11 retary that the applicant will maintain public recre12 ation opportunities at assisted areas and facilities

13 owned or managed by the applicant in accordance

14 with section 1010.

15 ‘‘(3) Payments may be made only for those rehabilita16 tion, development, or innovation projects that have been ap17 proved by the Secretary. Such payments may be made from

18 time to time in keeping with the rate of progress toward

19 completion of a project, on a reimbursable basis.’’.

20 SEC. 408. RECOVERY ACTION PROGRAMS.

21 Section 1007(a) (16 U.S.C. 2506(a)) is amended—

22 (1) in subsection (a) in the first sentence by in23 serting ‘‘development,’’ after ‘‘commitments to ongo24 ing planning,’’; and
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1 (2) in subsection (a)(2) by inserting ‘‘develop2 ment and’’ after ‘‘adequate planning for’’.

3 SEC. 409. STATE ACTION INCENTIVES.

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

5 (1) by inserting ‘‘(a) IN GENERAL.—’’ before the

6 first sentence; and

7 (2) by striking the last sentence of subsection (a)

8 (as designated by paragraph (1) of this section) and

9 inserting the following:

10 ‘‘(b) COORDINATION WITH LAND AND WATER CON11 SERVATION FUND ACTIVITIES.—(1) The Secretary and gen12 eral purpose local governments are encouraged to coordinate

13 preparation of recovery action programs required by this

14 title with State Plans or Agendas required under section

15 6 of the Land and Water Conservation Fund Act of 1965,

16 including by allowing flexibility in preparation of recovery

17 action programs so they may be used to meet State and

18 local qualifications for local receipt of Land and Water

19 Conservation Fund grants or State grants for similar pur20 poses or for other conservation or recreation purposes.

21 ‘‘(2) The Secretary shall encourage States to consider

22 the findings, priorities, strategies, and schedules included

23 in the recovery action programs of their urban localities

24 in preparation and updating of State plans in accordance

25 with the public coordination and citizen consultation re-
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1 quirements of subsection 6(d) of the Land and Water Con2 servation Fund Act of 1965.’’.

3 SEC. 410. CONVERSION OF RECREATION PROPERTY.

4 Section 1010 (16 U.S.C. 2509) is amended to read as

5 follows:

6 ‘‘CONVERSION OF RECREATION PROPERTY

7 ‘‘SEC. 1010. (a)(1) No property developed, acquired,

8 or rehabilitated under this title shall, without the approval

9 of the Secretary, be converted to any purpose other than

10 public recreation purposes.

11 ‘‘(2) Paragraph (1) shall apply to—

12 ‘‘(A) property developed with amounts provided

13 under this title; and

14 ‘‘(B) the park, recreation, or conservation area of

15 which the property is a part.

16 ‘‘(b)(1) The Secretary shall approve such conversion

17 only if the grantee demonstrates no prudent or feasible al18 ternative exists.

19 ‘‘(2) Paragraph (1) shall apply to property that is no

20 longer a viable recreation facility due to changes in demo21 graphics or that must be abandoned because of environ22 mental contamination which endangers public health or

23 safety.

24 ‘‘(c) Any conversion must satisfy any conditions the

25 Secretary considers necessary to assure substitution of other

26 recreation property that is—
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1 ‘‘(1) of at least equal fair market value, or rea2 sonably equivalent usefulness and location; and

3 ‘‘(2) in accord with the current recreation recov4 ery action plan of the grantee.’’.

5 SEC. 411. REPEAL.

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

7 TITLE V—HISTORIC

8 PRESERVATION FUND

9 SEC. 501. TREATMENT OF AMOUNTS TRANSFERRED FROM

10 CONSERVATION AND REINVESTMENT ACT

11 FUND.

12 Section 108 of the National Historic Preservation Act

13 (16 U.S.C. 470h) is amended—

14 (1) by inserting ‘‘(a)’’ before the first sentence;

15 (2) in subsection (a) (as designated by para16 graph (1) of this section) by striking all after the first

17 sentence; and

18 (3) by adding at the end the following:

19 ‘‘(b) Amounts transferred to the Secretary under sec20 tion 5(b)(5) of the Conservation and Reinvestment Act of

21 1999 in a fiscal year shall be deposited into the Fund and

22 shall be available without further appropriation, in that fis23 cal year, to carry out this Act.

‘‘(c) At least 1 24 ⁄2 of the funds obligated or expended each

25 fiscal year under this Act shall be used in accordance with
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1 this Act for preservation projects on historic properties. In

2 making such funds available, the Secretary shall give pri3 ority to the preservation of endangered historic properties.’’.

4 SEC. 502. STATE USE OF HISTORIC PRESERVATION ASSIST5 ANCE FOR NATIONAL HERITAGE AREAS AND

6 CORRIDORS.

7 Title I of the National Historic Preservation Act (16

8 U.S.C. 470a and following) is amended by adding at the

9 end the following:

10 ‘‘SEC. 114. STATE USE OF ASSISTANCE FOR NATIONAL HER11 ITAGE AREAS AND CORRIDORS.

12 ‘‘In addition to other uses authorized by this Act,

13 amounts provided to a State under this title may be used

14 by the State to provide financial assistance to the manage15 ment entity for any national heritage area or national her16 itage corridor established under the laws of the United

17 States, to support cooperative historic preservation plan18 ning and development.’’.

19 TITLE VI—FEDERAL AND INDIAN

20 LANDS RESTORATION

21 SEC. 601. PURPOSE.

22 The purpose of this title is to provide a dedicated

23 source of funding for a coordinated program on Federal and

24 Indian lands to restore degraded lands, protect resources
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1 that are threatened with degradation, and protect public

2 health and safety.

3 SEC. 602. TREATMENT OF AMOUNTS TRANSFERRED FROM

4 CONSERVATION AND REINVESTMENT ACT

5 FUND; ALLOCATION.

6 (a) IN GENERAL.—Amounts transferred to the Sec7 retary of the Interior and the Secretary of Agriculture

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

9 available without further appropriation, in that fiscal year,

10 to carry out this title.

11 (b) ALLOCATION.—Amounts referred to in subsection

12 (a) year shall be allocated and available as follows:

13 (1) DEPARTMENT OF THE INTERIOR.—60 percent

14 shall be allocated and available to the Secretary of the

15 Interior to carry out the purpose of this title on lands

16 within the National Park System, lands within the

17 National Wildlife Refuge System, and public lands

18 administered by the Bureau of Land Management.

19 (2) DEPARTMENT OF AGRICULTURE.—30 percent

20 shall be allocated and available to the Secretary of

21 Agriculture to carry out the purpose of this title on

22 lands within the National Forest System.

23 (3) INDIAN TRIBES.—10 percent shall be allo24 cated and available to the Secretary of the Interior for
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1 competitive grants to qualified Indian tribes under

2 section 603(b).

3 SEC. 603. AUTHORIZED USES OF TRANSFERRED AMOUNTS.

4 (a) IN GENERAL.—Funds made available to carry out

5 this title shall be used solely for restoration of degraded

6 lands, resource protection, maintenance activities related to

7 resource protection, or protection of public health or safety.

8 (b) COMPETITIVE GRANTS TO INDIAN TRIBES.—

9 (1) GRANT AUTHORITY.—The Secretary of the

10 Interior shall administer a competitive grant pro11 gram for Indian tribes, giving priority to projects

12 based upon the protection of significant resources, the

13 severity of damages or threats to resources, and the

14 protection of public health or safety.

15 (2) LIMITATION.—The amount received for a fis16 cal year by a single Indian tribe in the form of

17 grants under this subsection may not exceed 10 per18 cent of the total amount available for that fiscal year

19 for grants under this subsection.

20 (c) PRIORITY LIST.—The Secretary of the Interior and

21 the Secretary of Agriculture shall each establish priority

22 lists for the use of funds available under this title. Each

23 list shall give priority to projects based upon the protection

24 of significant resources, the severity of damages or threats

25 to resources, and the protection of public health or safety.
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1 (d) COMPLIANCE WITH APPLICABLE PLANS.—Any

2 project carried out on Federal lands with amounts provided

3 under this title shall be carried out in accordance with all

4 management plans that apply under Federal law to the

5 lands.

6 (e) TRACKING RESULTS.—Not later than the end of the

7 first full fiscal year for which funds are available under

8 this title, the Secretary of the Interior and the Secretary

9 of Agriculture shall jointly establish a coordinated program

10 for—

11 (1) tracking the progress of activities carried out

12 with amounts made available by this title; and

13 (2) determining the extent to which demonstrable

14 results are being achieved by those activities.

15 SEC. 604. INDIAN TRIBE DEFINED.

16 In this title, the term ‘‘Indian tribe’’ means an Indian

17 or Alaska Native tribe, band, nation, pueblo, village, or

18 community that the Secretary of the Interior recognizes as

19 an Indian tribe under section 104 of the Federally Recog20 nized Indian Tribe List Act of 1994 (25 U.S.C. 479a–1).
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1 TITLE VII—CONSERVATION

2 EASEMENTS AND ENDAN3 GERED AND THREATENED

4 SPECIES RECOVERY

5 Subtitle A—Conservation

6 Easements

7 SEC. 701. PURPOSE.

8 The purpose of this subtitle is to provide a dedicated

9 source of funding to the Secretary of the Interior for pro10 grams to provide matching grants to certain eligible entities

11 to facilitate the purchase of permanent conservation ease12 ments in order to—

13 (1) protect the ability of these lands to maintain

14 their traditional uses; and

15 (2) prevent the loss of their value to the public

16 because of development that is inconsistent with their

17 traditional uses.

18 SEC. 702. TREATMENT OF AMOUNTS TRANSFERRED FROM

19 CONSERVATION AND REINVESTMENT ACT

20 FUND.

21 Amounts transferred to the Secretary of the Interior

22 under section 5(b)(7)(A) in a fiscal year shall be available

23 to the Secretary of the Interior without further appropria24 tion, in that fiscal year, to carry out this subtitle.
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1 SEC. 703. AUTHORIZED USES OF TRANSFERRED AMOUNTS.

2 The Secretary of the Interior may use the amounts

3 available under section 702 for the Conservation Easement

4 Program established by section 704.

5 SEC. 704. CONSERVATION EASEMENT PROGRAM.

6 (a) GRANTS AUTHORIZED; PURPOSE.—The Secretary

7 the Interior shall establish and carry out a program, to be

8 known as the ‘‘Conservation Easement Program’’, under

9 which the Secretary shall provide grants to eligible entities

10 described in subsection (c) to provide the Federal share of

11 the cost of purchasing permanent conservation easements in

12 land with prime, unique, or other productive uses.

13 (b) FEDERAL SHARE.—The Federal share of the cost

14 of purchasing a conservation easement described in sub15 section (a) may not exceed 50 percent of the total cost of

16 purchasing the easement.

17 (c) ELIGIBLE ENTITY DEFINED.—In this section, the

18 term ‘‘eligible entity’’ means any of the following:

19 (1) An agency of a State or local government.

20 (2) A federally recognized Indian tribe.

21 (3) Any organization that is organized for, and

22 at all times since its formation has been operated

23 principally for, one or more of the conservation pur24 poses specified in clause (i), (ii), or (iii) of section

25 170(h)(4)(A) of the Internal Revenue Code of 1986

26 and—
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1 (A) is described in section 501(c)(3) of the

2 Code;

3 (B) is exempt from taxation under section

4 501(a) of the Code; and

5 (C) is described in paragraph (2) of section

6 509(a) of the Code, or paragraph (3) of such sec7 tion, but is controlled by an organization de8 scribed in paragraph (2) of such section.

9 (d) TITLE; ENFORCEMENT.—Any eligible entity may

10 hold title to a conservation easement described in subsection

11 (a) and enforce the conservation requirements of the ease12 ment.

13 (e) STATE CERTIFICATION.—As a condition of the re14 ceipt by an eligible entity of a grant under subsection (a),

15 the attorney general of the State in which the conservation

16 easement is to be purchased using the grant funds shall cer17 tify that the conservation easement to be purchased is in

18 a form that is sufficient, under the laws of the State, to

19 achieve the conservation purpose of the Conservation Ease20 ment Program and the terms and conditions of the grant.

21 (f) CONSERVATION PLAN.—Any land for which a con22 servation easement is purchased under this section shall be

23 subject to the requirements of a conservation plan to the

24 extent that the plan does not negate or adversely affect the

25 restrictions contained in the easement.
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1 (g) TECHNICAL ASSISTANCE.—The Secretary of the In2 terior may not use more than 10 percent of the amount

3 that is made available for any fiscal year under this pro4 gram to provide technical assistance to carry out this sec5 tion.

6 Subtitle B—Endangered and

7 Threatened Species Recovery

8 SEC. 711. PURPOSES.

9 The purposes of this subtitle are the following:

10 (1) To provide a dedicated source of funding to

11 the United States Fish and Wildlife Service and the

12 National Marine Fisheries Service for the purpose of

13 implementing an incentives program to promote the

14 recovery of endangered species and threatened species

15 and the habitat upon which they depend.

16 (2) To promote greater involvement by non-Fed17 eral entities in the recovery of the Nation’s endan18 gered species and threatened species and the habitat

19 upon which they depend.

20 SEC. 712. TREATMENT OF AMOUNTS TRANSFERRED FROM

21 CONSERVATION AND REINVESTMENT ACT

22 FUND.

23 Amounts transferred to the Secretary of the Interior

24 under section 5(b)(7)(B) of this Act in a fiscal year shall
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1 be available to the Secretary of the Interior without further

2 appropriation, in that fiscal year, to carry out this subtitle.

3 SEC. 713. ENDANGERED AND THREATENED SPECIES RECOV4 ERY ASSISTANCE.

5 (a) FINANCIAL ASSISTANCE.—The Secretary may use

6 amounts made available under section 712 to provide fi7 nancial assistance to any person for development and im8 plementation of Endangered and Threatened Species Recov9 ery Agreements entered into by the Secretary under section

10 714.

11 (b) PRIORITY.—In providing assistance under this sec12 tion, the Secretary shall give priority to the development

13 and implementation of species recovery agreements that—

14 (1) implement actions identified under recovery

15 plans approved by the Secretary under section 4(f) of

16 the Endangered Species Act of 1973 (16 U.S.C.

17 1533(f));

18 (2) have the greatest potential for contributing to

19 the recovery of an endangered or threatened species;

20 and

21 (3) to the extent practicable, require use of the

22 assistance—

23 (A) on land owned by a small landowner;

24 or
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1 (B) on a family farm by the owner or oper2 ator of the family farm.

3 (c) PROHIBITION ON ASSISTANCE FOR REQUIRED AC4 TIVITIES.—The Secretary may not provide financial assist5 ance under this section for any action that is required by

6 a permit issued under section 10(a)(1)(B) of the Endan7 gered Species Act of 1973 (16 U.S.C. 1539(a)(1)(B)) or an

8 incidental take statement issued under section 7 of that Act

9 (16 U.S.C. 1536), or that is otherwise required under that

10 Act or any other Federal law.

11 (d) PAYMENTS UNDER OTHER PROGRAMS.—

12 (1) OTHER PAYMENTS NOT AFFECTED.—Finan13 cial assistance provided to a person under this section

14 shall be in addition to, and shall not affect, the total

15 amount of payments that the person is otherwise eli16 gible to receive under the conservation reserve pro17 gram established under subchapter B of chapter 1 of

18 subtitle D of title XII of the Food Security Act of

19 1985 (16 U.S.C. 3831 and following), the wetlands re20 serve program established under subchapter C of that

21 chapter (16 U.S.C. 3837 and following), or the Wild22 life Habitat Incentives Program established under sec23 tion 387 of the Federal Agriculture Improvement and

24 Reform Act of 1996 (16 U.S.C. 3836a).
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1 (2) LIMITATION.—A person may not receive fi2 nancial assistance under this section to carry out ac3 tivities under a species recovery agreement in addi4 tion to payments under the programs referred to in

5 paragraph (1) made for the same activities, if the

6 terms of the species recovery agreement do not require

7 financial or management obligations by the person in

8 addition to any such obligations of the person under

9 such programs.

10 SEC. 714. ENDANGERED AND THREATENED SPECIES RECOV11 ERY AGREEMENTS.

12 (a) IN GENERAL.—The Secretary may enter into En13 dangered and Threatened Species Recovery Agreements for

14 purposes of this subtitle in accordance with this section.

15 (b) REQUIRED TERMS.—The Secretary shall include

16 in each species recovery agreement provisions that—

17 (1) require the person—

18 (A) to carry out on real property owned or

19 leased by the person activities not otherwise re20 quired by law that contribute to the recovery of

21 an endangered or threatened species;

22 (B) to refrain from carrying out on real

23 property owned or leased by the person otherwise

24 lawful activities that would inhibit the recovery

25 of an endangered or threatened species; or
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1 (C) to do any combination of subpara2 graphs (A) and (B);

3 (2) describe the real property referred to in para4 graph (1)(A) and (B) (as applicable);

5 (3) specify species recovery goals for the agree6 ment, and measures for attaining such goals;

7 (4) require the person to make measurable

8 progress each year in achieving those goals, including

9 a schedule for implementation of the agreement;

10 (5) specify actions to be taken by the Secretary

11 or the person (or both) to monitor the effectiveness of

12 the agreement in attaining those recovery goals;

13 (6) require the person to notify the Secretary

14 if—

15 (A) any right or obligation of the person

16 under the agreement is assigned to any other

17 person; or

18 (B) any term of the agreement is breached

19 by the person or any other person to whom is as20 signed a right or obligation of the person under

21 the agreement;

22 (7) specify the date on which the agreement takes

23 effect and the period of time during which the agree24 ment shall remain in effect;
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1 (8) provide that the agreement shall not be in ef2 fect on and after any date on which the Secretary

3 publishes a certification by the Secretary that the per4 son has not complied with the agreement; and

5 (9) allocate financial assistance provided under

6 this subtitle for implementation of the agreement, on

7 an annual or other basis during the period the agree8 ment is in effect based on the schedule for implemen9 tation required under paragraph (4).

10 (c) REVIEW AND APPROVAL OF PROPOSED AGREE11 MENTS.—Upon submission by any person of a proposed

12 species recovery agreement under this section, the

13 Secretary—

14 (1) shall review the proposed agreement and de15 termine whether it complies with the requirements of

16 this section and will contribute to the recovery of en17 dangered or threatened species that are the subject of

18 the proposed agreement;

19 (2) propose to the person any additional provi20 sions necessary for the agreement to comply with this

21 section; and

22 (3) if the Secretary determines that the agree23 ment complies with the requirements of this section,

24 shall approve and enter with the person into the

25 agreement.
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1 (d) MONITORING IMPLEMENTATION OF AGREE2 MENTS.—The Secretary shall—

3 (1) periodically monitor the implementation of

4 each species recovery agreement entered into by the

5 Secretary under this section; and

6 (2) based on the information obtained from that

7 monitoring, annually or otherwise disburse financial

8 assistance under this subtitle to implement the agree9 ment as the Secretary determines is appropriate

10 under the terms of the agreement.

11 SEC. 715. DEFINITIONS.

12 In this subtitle:

13 (1) ENDANGERED OR THREATENED SPECIES.—

14 The term ‘‘endangered or threatened species’’ means

15 any species that is listed as an endangered species or

16 threatened species under section 4 of the Endangered

17 Species Act of 1973 (16 U.S.C. 1533).

18 (2) FAMILY FARM.—The term ‘‘family farm’’

19 means a farm that—

20 (A) produces agricultural commodities for

21 sale in such quantities so as to be recognized in

22 the community as a farm and not as a rural res23 idence;

24 (B) produces enough income, including off25 farm employment, to pay family and farm oper-
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1 ating expenses, pay debts, and maintain the

2 property;

3 (C) is managed by the operator;

4 (D) has a substantial amount of labor pro5 vided by the operator and the operator’s family;

6 and

7 (E) uses seasonal labor only during peak

8 periods, and uses no more than a reasonable

9 amount of full-time hired labor.

10 (3) SECRETARY.—The term ‘‘Secretary’’ means

11 the Secretary of the Interior or the Secretary of Com12 merce, in accordance with section 3 of the Endan13 gered Species Act of 1973 (16 U.S.C. 1532).

14 (4) SMALL LANDOWNER.—The term ‘‘small land15 owner’’ means an individual who owns 50 acres or

16 fewer of land.

17 (5) SPECIES RECOVERY AGREEMENT.—The term

18 ‘‘species recovery agreement’’ means an Endangered

19 and Threatened Species Recovery Agreement entered

20 into by the Secretary under section 714.

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