I

106TH CONGRESS

1ST SESSION H. R. 701

To provide Outer Continental Shelf Impact Assistance to State and local

governments, to amend the Land and Water Conservation Fund Act

of 1965, the Urban Park and Recreation Recovery Act of 1978, and

the Federal Aid in Wildlife Restoration Act (commonly referred to as

the Pittman-Robertson Act) to establish a fund to meet the outdoor

conservation and recreation needs of the American people, and for other

purposes.

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

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
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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 TITLE I—OUTER CONTINENTAL

7 SHELF IMPACT ASSISTANCE

8 SEC. 101. FINDINGS.

9 The Congress finds and declares that—

10 (1) the Nation owns valuable mineral assets

11 that are located both onshore and on the Federal

12 Outer Continental Shelf and the policy of the Fed13 eral Government is to develop those resources for

14 the benefit of the Nation, under certain restrictions

15 that are designed to prevent environmental damage

16 and other adverse impacts;

17 (2) development of these resources of the Na18 tion is accompanied by unavoidable environmental

19 impacts and public service impacts in the States that

20 host this development whether the development oc21 curs onshore or on the Federal Outer Continental

22 Shelf;

23 (3) the Federal Government has a responsibility

24 to assist States that host the development of Federal
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1 mineral assets to mitigate adverse environmental

2 and public service impacts incurred due to that de3 velopment;

4 (4) the Federal Government discharges its re5 sponsibility to States that host onshore Federal min6 eral development by sharing 50 percent of the reve7 nue derived from the mineral development with the

8 host State pursuant to section 35 of the Mineral

9 Leasing Act;

10 (5) today Federal mineral development is occur11 ring as far as 200 miles offshore and occurs off the

12 coasts of only 6 States and section 8(g) of the Outer

13 Continental Shelf Lands Act does not adequately

14 compensate these States for the onshore impacts of

15 the offshore Federal mineral development;

16 (6) Federal Outer Continental Shelf mineral de17 velopment is an important and secure source of our

18 Nation’s supply of oil and natural gas;

19 (7) the Outer Continental Shelf Advisory Com20 mittee of the Department of the Interior, consisting

21 of representatives of coastal States, recommended in

22 October 1997, that Federal mineral revenue derived

23 from the entire Outer Continental Shelf be shared

24 with all coastal States and territories to mitigate on-
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1 shore impacts from Federal offshore mineral devel2 opment and for other environmental mitigation;

3 (8) Federal mineral assets are a nonrenewable,

4 capital asset of the Nation; the production and sale

5 of this asset produces revenue to the Nation that is

6 also a capital asset of the Nation; thus, a portion of

7 the revenue derived from the production and sale of

8 Federal minerals should be reinvested in the Nation

9 through environmental mitigation and public service

10 improvements; and

11 (9) it is fair to share a portion of the revenue

12 derived from Federal Outer Continental Shelf pro13 duction with the impacted States; and an emphasis

14 on where this production takes place should not be

15 construed as incentive for development.

16 SEC. 102. DEFINITIONS.

17 For purposes of this title:

18 (1) The term ‘‘allocable share’’ means, for a

19 coastal State, that portion of revenue that is allo20 cated to that coastal State under section 103(c). For

21 an eligible political subdivision of a coastal State,

22 such term means that portion of revenue that is allo23 cated to that political subdivision under section

24 103(e).
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1 (2) The term ‘‘coastal population’’ means the

2 population of all political subdivisions, as determined

3 by the most recent official data of the Census Bu4 reau, contained in whole or in part within the des5 ignated coastal boundary of a State as defined in a

6 State’s coastal zone management program under the

7 Coastal Zone Management Act (16 U.S.C. 1455).

8 (3) The term ‘‘coastal State’’ means any State

9 of the United States bordering on the Atlantic

10 Ocean, the Pacific Ocean, the Arctic Ocean, the Ber11 ing Sea, the Gulf of Mexico, or any of the Great

12 Lakes, Puerto Rico, Guam, American Samoa, the

13 Virgin Islands, and the Commonwealth of the North14 ern Mariana Islands.

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

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

17 1301 et seq.).

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

19 circle distance, measured in statute miles.

20 (6) The term ‘‘eligible political subdivision’’

21 means a political subdivision of a coastal State

22 which political subdivision has a seaward boundary

23 that lies within a distance of 200 miles from the ge24 ographic center of any leased tract. The Secretary

25 shall annually provide a list of all eligible political
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1 subdivisions of each coastal State to the Governor of

2 such State.

3 (7) The term ‘‘fiscal year’’ means the Federal

4 Government’s accounting period which begins on Oc5 tober 1st and ends on September 30th, and is des6 ignated by the calendar year in which it ends.

7 (8) The term ‘‘Governor’’ means the highest

8 elected official of a coastal State.

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

10 leased under section 8 of the Outer Continental

11 Shelf Lands Act (43 U.S.C. 1337) for the purpose

12 of drilling for, developing and producing oil and nat13 ural gas resources, which is a unit consisting of ei14 ther a block, a portion of a block, a combination of

15 blocks and/or portions of blocks, as specified in the

16 lease, and as depicted on an Outer Continental Shelf

17 Official Protraction Diagram.

18 (10) The term ‘‘Outer Continental Shelf’’

19 means all submerged lands lying seaward and out20 side of the area of ‘‘lands beneath navigable waters’’

21 as defined in section 2(a) of the Submerged Lands

22 Act (43 U.S.C. 1301(a)), and of which the subsoil

23 and seabed appertain to the United States and are

24 subject to its jurisdiction and control.
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1 (11) The term ‘‘political subdivision’’ means the

2 local political jurisdiction immediately below the level

3 of State government, including counties, parishes,

4 and boroughs. If State law recognizes an entity of

5 general government that functions in lieu of, and is

6 not within, a county, parish, or borough, the Sec7 retary may recognize an area under the jurisdiction

8 of such other entities of general government as a po9 litical subdivision for purposes of this title.

10 (12) The term ‘‘qualified Outer Continental

11 Shelf revenues’’ means all moneys received by the

12 United States from each leased tract or portion of

13 a leased tract lying seaward of the zone defined and

14 governed by section 8(g) of the Outer Continental

15 Shelf Lands Act (43 U.S.C. 1337(g)), or lying with16 in such zone but to which section 8(g) does not

17 apply, the geographic center of which lies within a

18 distance of 200 miles from any part of the coastline

19 of any coastal State, including bonus bids, rents,

20 royalties (including payments for royalty taken in

21 kind and sold), net profit share payments, and relat22 ed late-payment interest from natural gas and oil

23 leases issued pursuant to the Outer Continental

24 Shelf Lands Act.
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1 (13) The term ‘‘Secretary’’ means the Secretary

2 of the Interior or the Secretary’s designee.

3 (14) The term ‘‘the Fund’’ means the Outer

4 Continental Shelf Impact Assistance Fund estab5 lished under section 103(a).

6 SEC. 103. IMPACT ASSISTANCE FORMULA AND PAYMENTS.

7 (a) ESTABLISHMENT OF FUND.—(1) There is estab8 lished in the Treasury of the United States a fund which

9 shall be known as the ‘‘Outer Continental Shelf Impact

10 Assistance Fund’’. The Secretary shall deposit in the

11 Fund in this section 27 percent of the qualified Outer

12 Continental Shelf revenues.

13 (2) No revenues shall be placed in the Fund from

14 a leased tract or portion of a leased tract that is located

15 in a geographic area subject to a leasing moratorium on

16 January 1, 1999, unless the lease was issued prior to the

17 establishment of the moratorium and was in production

18 on January 1, 1999.

19 (3) The Secretary of the Treasury shall invest mon20 eys in the Fund that are excess to expenditures at the

21 written request of the Secretary, in public debt securities

22 with maturities suitable to the needs of the Fund, as de23 termined by the Secretary, and bearing interest at rates

24 determined by the Secretary of the Treasury, taking into

25 consideration current market yields on outstanding mar-
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1 ketable obligations of the United States of comparable ma2 turity. All interest earned on such moneys shall be avail3 able, without further appropriation, for obligation or ex4 penditure under chapter 69 of title 31 of the United States

5 Code (relating to PILT) or under section 401 of the Act

6 of June 15, 1935 (49 Stat. 383; 16 U.S.C. 715s).

7 (b) PAYMENT TO STATES.—Notwithstanding section

8 9 of the Outer Continental Shelf Lands Act (43 U.S.C.

9 1338), the Secretary shall, without further appropriation,

10 make payments in each fiscal year to coastal States and

11 to eligible political subdivisions equal to the amount depos12 ited in the Fund for the prior fiscal year (reduced by any

13 refunds paid under section 106(b) and not including any

14 interest earned as provided in subsection (a)(3)). Such

15 payments shall be allocated among the coastal States and

16 eligible political subdivisions as provided in this section.

17 (c) DETERMINATION OF STATES’ ALLOCABLE

18 SHARES.—

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

20 each coastal State, the Secretary shall determine the

21 State’s allocable share of the total amount of the

22 revenues deposited in the Fund for each fiscal year

23 using the following weighted formula:
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1 (A) 50 percent of such revenues shall be

2 allocated to each State as provided in para3 graph (2).

4 (B) 25 percent of such revenues shall be

5 allocated to each State based on the ratio of

6 each State’s shoreline miles to the shoreline

7 miles of all coastal States.

8 (C) 25 percent of such revenues shall be

9 allocated to each State based on the ratio of

10 each State’s coastal population to the coastal

11 population of all coastal States.

12 (2) OFFSHORE OUTER CONTINENTAL SHELF

13 PRODUCTION SHARE.—If any portion of a coastal

14 State lies within a distance of 200 miles from the

15 geographic center of any leased tract, such State

16 shall receive part of its allocable share under para17 graph (1)(A) based on the Outer Continental Shelf

18 oil and gas production offshore of such State. Such

19 part of its allocable share shall be inversely propor20 tional to the distance between the nearest point on

21 the coastline of such State and the geographic center

22 of each leased tract or portion of the leased tract (to

23 the nearest whole mile), as determined by the Sec24 retary. In applying this paragraph a leased tract or

25 portion of a leased tract shall be excluded if the
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1 tract or portion is located in a geographic area sub2 ject to a leasing moratorium on January 1, 1999,

3 unless the lease was issued prior to the establish4 ment of the moratorium and was in production on

5 January 1, 1999.

6 (3) MINIMUM STATE SHARE.—

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

8 revenues determined by the Secretary under

9 this subsection for each coastal State with an

10 approved coastal management program (as de11 fined by the Coastal Zone Management Act (16

12 U.S.C. 1451)) or which is making satisfactory

13 progress toward one shall not be less than 0.50

14 percent of the total amount of the revenues de15 posited in the Fund for each fiscal year. For

16 any other coastal State the allocable share of

17 such revenues shall not be less than 0.25 per18 cent of such revenues.

19 (B) RECOMPUTATION.—Where one or

20 more coastal States’ allocable shares, as com21 puted under paragraph (1) and (2), are in22 creased by any amount under this paragraph,

23 the allocable share for all other coastal States

24 shall be recomputed and reduced by the same

25 amount so that not more than 100 percent of
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1 the amount deposited in the fund is allocated to

2 all coastal States. The reduction shall be di3 vided pro rata among such other coastal States.

4 (d) PAYMENTS TO STATE.—50 percent of each

5 State’s allocable share, as determined under subsection

6 (c), shall be paid to the State, except that in the case of

7 a coastal State in which there is no eligible political sub8 division, 100 percent of the State’s allocable share, as de9 termined under subsection (c), shall be paid to the State.

10 (e) PAYMENTS TO POLITICAL SUBDIVISIONS.—50

11 percent of each State’s allocable share, as determined

12 under subsection (c), shall be paid to the eligible political

13 subdivisions in such State. Such payments shall be allo14 cated among the eligible political subdivisions of the State

15 according to ratios that are inversely proportional to the

16 distance between the nearest point on the seaward bound17 ary of each such eligible political subdivision and the geo18 graphic center of each leased tract or portion of the leased

19 tract (to the nearest whole mile), as determined by the

20 Secretary.

21 (f) TIME OF PAYMENT.—(1) Payments to coastal

22 States and eligible political subdivisions under this section

23 shall be made not later than December 31 of each year

24 from revenues received during the immediately preceding
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1 fiscal year. Payment shall not commence before the date

2 12 months following the date of enactment of this Act.

3 (2) Any amount in the Fund not paid to coastal

4 States and eligible political subdivisions under this section

5 in any fiscal year shall be disposed of according to the

6 law otherwise applicable to receipts from leases on the

7 Outer Continental Shelf.

8 SEC. 104. USES OF FUNDS.

9 Funds received pursuant to this title shall be used

10 by the coastal States and eligible political subdivisions for

11 the following projects and activities:

12 (1) Air quality, water quality, fish and wildlife

13 (including cooperative or contract research on ma14 rine fish), wetlands, or other coastal and estuarine

15 resources.

16 (2) Other activities of such State or political

17 subdivision, authorized by the Coastal Zone Manage18 ment Act of 1972 (16 U.S.C. 1451 et seq.), the pro19 visions of subtitle B of title IV of the Oil Pollution

20 Act of 1990 (104 Stat. 523), or the Federal Water

21 Pollution Control Act (33 U.S.C. 1251 et seq.).

22 (3) Administrative and planning costs of com23 plying with the provisions of this subtitle. Up to one

24 percent of the amounts made available to any State
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1 in any fiscal year under this title may be used for

2 purposes of administrative costs.

3 (4) Uses related to the Outer Continental Shelf

4 Lands Act.

5 (5) Mitigating impacts of Outer Continental

6 Shelf activities including onshore infrastructure and

7 public service needs.

8 SEC. 105. OBLIGATIONS OF STATES AND ELIGIBLE POLITI9 CAL SUBDIVISIONS.

10 (a) STATE PLANS.—Within 1 year after the date of

11 enactment of this Act, the Governor of every State eligible

12 to receive moneys from the Fund shall develop a State

13 plan for the use of such moneys and shall certify the plan

14 to the Secretary. The plan shall be developed with public

15 participation and shall include the plan for the use of such

16 funds by every political subdivision of the State eligible

17 to receive moneys from the Fund. The Governor shall cer18 tify to the Secretary that the plan was developed with pub19 lic participation and in accordance with all applicable

20 State laws. The Governor shall amend the plan, as nec21 essary, with public participation, but not less than every

22 5 years.

23 (b) PROJECT SUBMISSION.—Prior to receiving funds

24 pursuant to this title for any fiscal year, an eligible politi25 cal subdivision shall submit to the Governor of the State
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1 in which it is located a plan setting forth the projects and

2 activities for which the eligible political subdivision pro3 poses to expend such funds. Such plan shall state the

4 amounts proposed to be expended for each project or activ5 ity during the upcoming fiscal year.

6 (c) PROJECT APPROVAL.—Prior to the payment of

7 funds pursuant to this title to any eligible political subdivi8 sion for any fiscal year, the Governor must approve the

9 plan submitted by the eligible political subdivision pursu10 ant to subsection (b) and notify the Secretary of such ap11 proval. State approval of any such plan shall be consistent

12 with all applicable State and Federal law. In the event

13 the Governor disapproves any such plan, the funds that

14 would otherwise be paid to the eligible political subdivision

15 shall be placed in escrow by the Secretary pending modi16 fication and approval of such plan, at which time such

17 funds together with interest thereon shall be paid to the

18 eligible political subdivision. Any eligible political subdivi19 sion that fails to receive approval from the Governor of

20 such plan may appeal to the Secretary and the Secretary

21 may approve or disapprove such plan based on the eligible

22 uses set forth in section 104.

23 (d) CERTIFICATION.—Not later than 60 days after

24 the end of the fiscal year, any eligible political subdivision
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1 receiving funds under this title shall certify to the

2 Governor—

3 (1) the amount of such funds expended by the

4 political subdivision during the previous fiscal year;

5 (2) the amounts expended on each project or

6 activity;

7 (3) a general description of how the funds were

8 expended; and

9 (4) the status of each project or activity.

10 The certification under paragraph (4) shall include a cer11 tification that a project or activity is consistent with the

12 State plan developed under subsection (a).

13 SEC. 106. ANNUAL REPORT; REFUNDS.

14 (a) REPORT.—On June 15 of each year, the Governor

15 of each State receiving moneys from the Fund under this

16 title shall account for all moneys so received for the pre17 vious fiscal year in a written report to the Secretary and

18 the Congress. The report shall include a description of all

19 projects and activities receiving funds under this title, in20 cluding all information required under section 105(c).

21 (b) REFUNDS.—In those instances where through ju22 dicial decision, administrative review, arbitration, or other

23 means there are royalty refunds owed to entities generat24 ing revenues under this title, 27 percent of such refunds

25 shall be paid from amounts available in the Fund.
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1 TITLE II—STATE, LOCAL, AND

2 URBAN CONSERVATION AND

3 RECREATION

4 SEC. 201. FINDINGS AND PURPOSE.

5 (a) FINDINGS.—The Congress finds the following:

6 (1) The Land and Water Conservation Fund

7 Act of 1965 embodied a concept that a portion of

8 the proceeds from Outer Continental Shelf mineral

9 leasing revenues and the depletion of a nonrenewable

10 natural resource should result in a legacy of places

11 accessible to the public for conservation and public

12 recreation and benefit from resources belonging to

13 all people, of all generations, and the enhancement

14 of the most precious and most renewable natural re15 source of any nation, healthy and active citizens.

16 (2) The States and local governments were to

17 occupy a pivotal role in accomplishing the purposes

18 of the Land and Water Conservation Act of 1965

19 and the Act originally provided an equitable portion

20 of funds to the States, and through them, to local

21 governments.

22 (3) Because of competition for funding and the

23 limited availability of Federal moneys, the original

24 intention of the Land and Water Conservation Fund

25 Act of 1965 has been abandoned and, in recent
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1 years, States have not received an equitable propor2 tion of direct funding.

3 (4) With population growth and urban sprawl,

4 the demand for conservation and recreation areas at

5 the State and local level, including urban localities,

6 remains a high priority.

7 (5) There has been an increasing need for Fed8 eral moneys to be made available for Federal pur9 poses under the Land and Water Conservation Fund

10 Act of 1965, with lands identified as important for

11 Federal acquisition not being acquired for several

12 years due to insufficient funds.

13 (b) PURPOSE.—The purpose of this title is to com14 plement State, local, and private commitments envisioned

15 in the Land and Water Conservation Fund Act of 1965

16 and the Urban Park and Recreation Recovery Act of 1978

17 by providing grants for State, local, and urban conserva18 tion and recreation needs, and to provide a secure source

19 of Federal purposes under the Land and Water Conserva20 tion Fund Act of 1965.

21 SEC. 202. FUNDING FOR STATE, LOCAL, AND URBAN CON22 SERVATION AND RECREATION.

23 (a) REVENUES.—Section 2 of the Land and Water

24 Conservation Fund Act of 1965 (16 U.S.C. 460l–5(c)(1))

25 is amended by redesignating paragraph (1) of subsection
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1 (c) as subsection (d) and by amending subsection (c) to

2 read as follows:

3 ‘‘(c) OUTER CONTINENTAL SHELF REVENUES.—(1)

4 23 percent of the qualified Outer Continental Shelf reve5 nues (as defined in section 102 of the Conservation and

6 Reinvestment Act of 1999) shall also be credited to a sepa7 rate account in the Land and Water Conservation Fund

8 in the Treasury in each fiscal year through September 30,

9 2015. Revenues covered into the fund under this sub10 section shall be available, without further appropriation,

11 in the next succeeding fiscal year to carry out this Act.

12 To the extent that such revenues in a fiscal year exceed

13 $900,000,000, such excess shall be available, without fur14 ther appropriation, in the next succeeding fiscal year for

15 obligation or expenditure under chapter 69 of title 31 of

16 the United States Code (relating to PILT) or under sec17 tion 401 of the Act of June 15, 1935 (49 Stat. 383; 16

18 U.S.C. 715s).

19 ‘‘(2) The Secretary of the Treasury shall invest mon20 eys in the separate account that are excess to expenditures

21 at the written request of the Secretary, in public debt se22 curities with maturities suitable to the needs of the Fund,

23 as determined by the Secretary, and bearing interest at

24 rates determined by the Secretary of the Treasury, taking

25 into consideration current market yields on outstanding
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1 marketable obligations of the United States of comparable

2 maturity. All interest earned on such moneys shall be

3 available, without further appropriation, for obligation or

4 expenditure under chapter 69 of title 31 of the United

5 States Code (relating to PILT) or under section 401 of

6 the Act of June 15, 1935 (49 Stat. 383; 16 U.S.C.

7 715s).’’.

8 (b) CONFORMING AMENDMENT.—Section 3 of the

9 Land and Water Conservation Fund Act of 1965 (16

10 U.S.C. 460l–6) is amended by striking ‘‘Moneys’’ and in11 serting ‘‘Except as provided under section 2(c), moneys’’.

12 (c) ALLOCATION OF FUNDS.—Section 5 of the Land

13 and Water Conservation Fund Act of 1965 (16 U.S.C.

14 460l–7) is amended as follows:

15 (1) By striking ‘‘ALLOCATION’’ and inserting

16 ‘‘(a) IN GENERAL’’ after ‘‘SEC 5.’’.

17 (2) By striking the second sentence and all that

18 follows down through the period at the end thereof.

19 (3) By adding at the end the following new sub20 section at the end:

21 ‘‘(b) ALLOCATION.—Amounts available in the fund

22 under section 2(c)(1) of this Act (16 U.S.C. 460l–5(c)(1))

23 for obligation or expenditure may be obligated or expended

24 only as follows—
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1 ‘‘(1) 42 percent shall be available for Federal

2 purposes, 25 percent of which shall be made avail3 able to the Secretary of Agriculture for the acquisi4 tion of lands, waters, or interests in land or water

5 solely within the exterior boundaries of areas of the

6 National Forest System or any other land manage7 ment unit established by Act of Congress and man8 aged by the Secretary of Agriculture (notwithstand9 ing the first proviso of section 7(1)), and 75 percent

10 of which shall be available to the Secretary of the

11 Interior for the acquisition of lands, waters, or inter12 ests in land or water solely within the exterior

13 boundaries of areas of the National Park System,

14 National Wildlife Refuge System, or any other land

15 management unit established by Act of Congress

16 and managed by the Secretary of the Interior. At

least 2 17 ⁄3 of the moneys available under this subpara18 graph for Federal purposes shall be spent east of the

19 100th meridian. Up to one percent of the amounts

20 made available in any fiscal year under this para21 graph may be used for administration. No moneys

22 available under this paragraph for Federal purposes

23 shall be used for condemnation of any interest in

24 property.
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1 ‘‘(2) 42 percent shall be available for financial

2 assistance to the States under section 6 of this Act

3 (16 U.S.C. 460l–8) distributed according to the fol4 lowing allocation formula:

5 ‘‘(A) 60 percent shall be apportioned

6 equally among the States.

7 ‘‘(B) 20 percent shall be apportioned on

8 the basis of the ratio which the population of

9 each State bears to the total population of all

10 States.

11 ‘‘(C) 20 percent shall be apportioned on

12 the basis of the ratio which the acreage of each

13 State bears to the total acreage of all States.

14 Up to one percent of the amounts made available in

15 any fiscal year under this paragraph may be used

16 for administration.

17 ‘‘(3) 16 percent shall be available to local gov18 ernments through the Urban Parks and Recreation

19 Recovery Program (16 U.S.C. 2501–2514) of the

20 Department of the Interior. Up to one percent of the

21 amounts made available in any fiscal year under this

22 paragraph may be used for administration.’’.

23 (d) TRIBES AND ALASKA NATIVE VILLAGE COR24 PORATIONS.—Section 6(b)(5) of the Land and Water Con-
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1 servation Fund Act of 1965 (16 U.S.C. 460l–8(b)(5)) is

2 amended as follows:

3 (1) By inserting ‘‘(A)’’ after ‘‘(5)’’.

4 (2) By adding at the end the following new sub5 paragraph:

6 ‘‘(B) For the purposes of paragraph (1),

7 all federally recognized Indian tribes and Alas8 ka Native Village Corporations (as defined in

9 section 3(j) of the Alaska Native Claims Settle10 ment Act (43 U.S.C. 1602(j)) shall be treated

11 collectively as 1 State, and shall receive shares

12 of the apportionment under paragraph (1) in

13 accordance with a competitive grant program

14 established by the Secretary by rule. Such rule

15 shall ensure that in each fiscal year no single

16 tribe or Village Corporation receives more than

17 10 percent of the total amount made available

18 to all tribes and Village Corporations pursuant

19 to the apportionment under paragraph (1).

20 Funds received by an Indian tribe or Village

21 Corporation under this subparagraph may be

22 expended only for the purposes specified in

23 paragraphs (1) and (3) of subsection (b).’’.

24 (e) LOCAL ALLOCATION.—Section 6(b) of the Land

25 and Water Conservation Fund Act of 1965 (16 U.S.C.
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1 460l–8(b)) is amended by adding the following new para2 graph at the end:

3 ‘‘(6) Absent some compelling and annually doc4 umented reason to the contrary acceptable to the

5 Secretary of the Interior, each State (other than an

6 area treated as a State under paragraph (5)) shall

7 make available as grants to local governments, at

8 least 50 percent of the annual State apportionment,

9 or an equivalent amount made available from other

10 sources.’’.

11 (f) MATCH.—Subsection 6(c) of the Land and Water

12 Conservation Fund Act of 1965 (16 U.S.C. 460l–8(c)) is

13 amended to read as follows:

14 ‘‘(c) MATCHING REQUIREMENTS.—Payments to any

15 State shall cover not more than 50 percent of the cost

16 of outdoor conservation and recreation planning, acquisi17 tion, or development projects that are undertaken by the

18 State.’’.

19 (g) STATE ACTION AGENDA.—(1) Section 6(d) of the

20 Land and Water Conservation Fund Act of 1965 (16

21 U.S.C. 460l–8(d)) is amended to read as follows:

22 ‘‘(d) STATE ACTION AGENDA REQUIRED.—Each

23 State may define its own priorities and criteria for selec24 tion of outdoor conservation and recreation acquisition

25 and development projects eligible for grants under this Act
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1 so long as it provides for public involvement in this process

2 and publishes an accurate and current State Action Agen3 da for Community Conservation and Recreation (in this

4 Act referred to as the ‘State Action Agenda’) indicating

5 the needs it has identified and the priorities and criteria

6 it has established. In order to assess its needs and estab7 lish its overall priorities, each State, in partnership with

8 its local governments and Federal agencies, and in con9 sultation with its citizens, shall develop, within 5 years

10 after the enactment of the Conservation and Reinvestment

11 Act of 1999, a State Action Agenda that meets the follow12 ing requirements:

13 ‘‘(1) The agenda must be strategic, originating

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

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

16 ‘‘(2) The agenda must be updated at least once

17 every 4 years and certified by the Governor that the

18 State Action Agenda conclusions and proposed ac19 tions have been considered in an active public in20 volvement process.

21 State Action Agendas shall take into account all providers

22 of conservation and recreation lands within each State, in23 cluding Federal, regional, and local government resources

24 and shall be correlated whenever possible with other State,

25 regional, and local plans for parks, recreation, open space,
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1 and wetlands conservation. Recovery action programs de2 veloped by urban localities under section 1007 of the

3 Urban Park and Recreation Recovery Act of 1978 shall

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

5 and action schedules contained in State Action Agenda.

6 Each State shall assure that any requirements for local

7 outdoor conservation and recreation planning, promul8 gated as conditions for grants, minimize redundancy of

9 local efforts by allowing, wherever possible, use of the find10 ings, priorities, and implementation schedules of recovery

11 action programs to meet such requirements.’’.

12 (2) Comprehensive State Plans developed by any

13 State under section 6(d) of the Land and Water Conserva14 tion Fund Act of 1965 before the date 5 years after the

15 enactment of this Act shall remain in effect in that State

16 until a State Action Agenda has been adopted pursuant

17 to the amendment made by this subsection, but no later

18 than 5 years after the enactment of this Act.

19 (h) STATE PLANS.—Subsection 6(e) of Land and

20 Water Conservation Fund Act of 1965 (16 U.S.C. 460l–

21 8(e)) is amended as follows:

22 (1) By striking ‘‘State comprehensive plan’’ at

23 the end of the first paragraph and inserting ‘‘State

24 Action Agenda’’.
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1 (2) By striking ‘‘State comprehensive plan’’ in

2 paragraph (1) and inserting ‘‘State Action Agenda’’.

3 (3) By striking ‘‘but not including incidental

4 costs related to acquisition’’ at the end of paragraph

5 (1).

6 (i) CONVERSION.—Paragraph (3) of section 6(f) of

7 the Land and Water Conservation Fund Act of 1965 (16

8 U.S.C. 460l–8(f)(3)) is amended by striking the second

9 sentence and inserting: ‘‘The Secretary shall approve such

10 conversion only if the State demonstrates no prudent or

11 feasible alternative exists with the exception of those prop12 erties that no longer meet the criteria within the State

13 Action Agenda as an outdoor conservation and recreation

14 facility due to changes in demographics or that must be

15 abandoned because of environmental contamination which

16 endangers public health and safety. Any conversion must

17 satisfy such conditions as the Secretary deems necessary

18 to assure the substitution of other conservation and recre19 ation properties of at least equal fair market value and

20 reasonably equivalent usefulness and location and which

21 are consistent with the existing State Action Agenda; ex22 cept that wetland areas and interests therein as identified

23 in the wetlands provisions of the action agenda and pro24 posed to be acquired as suitable replacement property

25 within that same State that is otherwise acceptable to the
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1 Secretary shall be considered to be of reasonably equiva2 lent usefulness with the property proposed for conver3 sion.’’.

4 (j) COST LIMITATIONS.—Section 7 of the Land and

5 Water Conservation Fund Act of 1965 (16 U.S.C. 460l–

6 9) is amended by adding the following at the end thereof:

7 ‘‘(d) MAXIMUM FEDERAL COST PER PROJECT.—No

8 expenditure shall be made to acquire, construct, operate,

9 or maintain any project under this section, the total Fed10 eral cost of which exceeds $1,000,000 unless the funds

11 for such project have been specifically authorized by a sub12 sequently enacted law.’’.

13 SEC. 203. URBAN PARK AND RECREATION RECOVERY ACT

14 OF 1978 AMENDMENTS.

15 (a) GRANTS.—Section 1004 of the Urban Park and

16 Recreation Recovery Act (16 U.S.C. 2503) is amended by

17 redesignating subsections (d), (e), and (f) as subsections

18 (f), (g), and (h) respectively, and by inserting the following

19 after subsection (c):

20 ‘‘(d) ‘development grants’ means matching capital

21 grants to local units of government to cover costs of devel22 opment and construction on existing or new neighborhood

23 recreation sites, including indoor and outdoor recreation

24 facilities, support facilities, and landscaping, but excluding

25 routine maintenance and upkeep activities;
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1 ‘‘(e) ‘acquisition grants’ means matching capital

2 grants to local units of government to cover the direct and

3 incidental costs of purchasing new park land to be perma4 nently dedicated and made accessible for public recreation

5 use;’’.

6 (b) ELIGIBILITY.—Section 1005(a) of the Urban

7 Park and Recreation Recovery Act (16 U.S.C. 2504) is

8 amended to read as follows:

9 ‘‘(a) Eligibility of general purpose local governments

10 to compete for assistance under this title shall be based

11 upon need as determined by the Secretary. Generally, the

12 list of eligible governments shall include the following:

13 ‘‘(1) All central cities of Metropolitan, Primary

14 or Consolidated Statistical Areas as currently de15 fined by the census.

16 ‘‘(2) All political subdivisions of a State in17 cluded in Metropolitan, Primary or Consolidated

18 Statistical Areas as currently defined by the census.

19 ‘‘(3) Any other city, town, or village within a

20 Metropolitan Statistical Area with a total population

21 of 50,000 or more in the census of 1970, 1980, or

22 subsequent updates.

23 ‘‘(4) Any other political subdivision of a State

24 with a total population of 250,000 or more in the

25 census of 1970, 1980, or subsequent updates.’’.
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1 (c) MATCHING GRANTS.—Subsection 1006(a) of the

2 Urban Park and Recreation Recovery Act (16 U.S.C.

3 2505(a)) is amended by striking all through paragraph (3)

4 and inserting the following:

5 ‘‘SEC. 1006. (a) The Secretary is authorized to pro6 vide 70 percent matching grants for rehabilitation, innova7 tion, development, or acquisition to any eligible general

8 purpose unit of local government upon approval by the

9 Secretary of applications for such purpose by the chief ex10 ecutive of such a government.

11 ‘‘(1) At the discretion of such applicants, and

12 if consistent with an approved application, rehabili13 tation, innovation, development, or acquisition

14 grants may be transferred in whole or in part to

15 independent special purpose local governments, pri16 vate nonprofit agencies or political subdivisions or

17 regional park authorities; except that such general

18 purpose units of local government shall provide as19 surance to the Secretary that they will maintain

20 public recreation opportunities at assisted areas and

21 facilities owned or managed by them in accordance

22 with section 1010 of this Act.

23 ‘‘(2) Payments may be made only for those re24 habilitation, innovation, development, or acquisition

25 projects which have been approved by the Secretary.
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1 Such payments may be made from time-to-time in

2 keeping with the rate of progress toward completion

3 of a project, on a reimbursable basis.’’.

4 (d) COORDINATION.—Section 1008 of the Urban

5 Park and Recreation Recovery Act (16 U.S.C. 2507) is

6 amended by striking the last sentence and inserting the

7 following: ‘‘The Secretary and general purpose local gov8 ernments are encouraged to coordinate preparation of re9 covery action programs required by this title with State

10 Action Agendas for Community Conservation and Recre11 ation required by section 6 of the Land and Water Con12 servation Fund Act of 1965, including the allowance of

13 flexibility in local preparation of recovery action programs

14 so that they may be used to meet State or local qualifica15 tions for local receipt of Land and Water Conservation

16 Fund grants or State grants for similar purposes or for

17 other conservation or recreation purposes. The Secretary

18 shall also encourage States to consider the findings, prior19 ities, strategies, and schedules included in the recovery ac20 tion programs of their urban localities in preparation and

21 updating of the State Action Agendas for Conservation

22 and Recreation, in accordance with the public coordination

23 and citizen consultation requirements of subsection 6(d)

24 of the Land and Water Conservation Fund Act of 1965.’’
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1 (e) CONVERSION.—Section 1010 of the Urban Park

2 and Recreation Recovery Act (16 U.S.C. 2509) is amend3 ed by striking the first sentence and inserting the follow4 ing: ‘‘No property acquired or improved or developed

5 under this title shall, without the approval of the Sec6 retary, be converted to other than public recreation uses.

7 The Secretary shall approve such conversion only if the

8 grantee demonstrates no prudent or feasible alternative

9 exists (with the exception of those properties that are no

10 longer a viable recreation facility due to changes in demo11 graphics or must be abandoned because of environmental

12 contamination which endanger public health and safety).

13 Any conversion must satisfy any conditions the Secretary

14 deems necessary to assure the substitution of other con15 servation and recreation properties of at least equal mar16 ket value and reasonably equivalent usefulness and loca17 tion and which are in accord with the current conservation

18 and recreation recovery action program.’’.

19 (f) REPEAL.—Section 1014 of the Urban Park and

20 Recreation Recovery Act (16 U.S.C. 2513) is repealed.

21 SEC. 204. OTHER RIGHTS PRESERVED.

22 Nothing in this title shall be construed to limit any

23 right to compensation that exists under the Constitution

24 or other laws.
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1 SEC. 205. HABITAT RESERVE PROGRAM.

2 (a) ESTABLISHMENT OF HABITAT RESERVE PRO3 GRAM.—There is hereby established within the Depart4 ment of the Interior a Habitat Reserve Program (HRP)

5 to be administered by the Secretary of the Interior in asso6 ciation with the applicable State fish and wildlife depart7 ment in the State where the affected land is located. The

8 Secretary shall enter into partnership agreements with the

9 State fish and wildlife department and owners and opera10 tors of lands suitable for enrollment on a voluntary basis,

11 under which the owners and operators manage the land

12 for the protection and enhancement of protected species

13 in exchange for incentive payments. Where the operator

14 of such land is not the owner, both the owner and the

15 operator must enter into the agreement.

16 (b) ELIGIBLE LANDS.—Lands eligible for enrollment

17 in the HRP shall be privately owned lands that have been

18 designated by the State agency as being necessary to pre19 serve the existence of 1 or more species listed pursuant

20 to the Endangered Species Act whose owners and opera21 tors have voluntarily entered into partnership agreements

22 with the Secretary and the State agency, and which have

23 been accepted for enrollment in accordance with this sec24 tion.

25 (c) LIMITATIONS ON LANDS ELIGIBLE FOR ENROLL26 MENT.—(1) The Secretary and State agency shall not
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1 place under contract more than 25 percent of the land

2 or water in any one county at any one time, except to

3 the extent that the State agency determines, after public

4 comment, that doing so would not adversely affect the

5 local economy of the county.

6 (2) No contract shall be entered into under this sec7 tion concerning land with respect to which ownership has

8 changed in the 3-year period preceding the first year of

9 the contract if such land was acquired in order to qualify

10 for this program.

11 (d) CONTRACT REQUIREMENTS.—(1) Each contract

12 entered into under this section shall obligate the owner

13 and operator of the land to implement the plan agreed

14 to for not less than 5 years.

15 (2) The Secretary shall make available as grants to

16 the State agency the funds specified in this title for the

17 purposes of entering into landowner agreements as set

18 forth in this title.

19 (e) MANAGEMENT PLANS.—The plan referred to in

20 subsection (a)(1) above shall set forth the management

21 practices to be carried out by the owner and/or operator

22 of the habitat for the protection and enhancement of the

23 habitat and the species.

24 (f) DURATION.—Contracts entered into hereunder

25 shall be for a duration of 5 years, until land ownership
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1 is transferred, or until the land ceases to be included with2 in designated critical habitat of the species, whichever is

3 shorter.

4 (g) PAYMENTS.—(1) The State agency shall establish

5 an equitable method for determining the annual payments

6 under this section, including through the submission of

7 bids in such manner as the Secretary may prescribe.

8 (2) The Secretary shall pay the cost of establishing

9 management measures and practices required pursuant to

10 the approved management plan.

11 (3) Any payments received by an owner or operator

12 under this section shall be in addition to, and shall not

13 affect, the total amount of payments that the owner or

14 operator is otherwise eligible to receive under this section,

15 or any other program administered by the Secretary or

16 any other Federal department or agency.

17 TITLE III—WILDLIFE CONSERVA18 TION AND RESTORATION

19 SEC. 301. FINDINGS.

20 The Congress finds and declares that—

21 (1) a diverse array of species of fish and wild22 life is of significant value to the Nation for many

23 reasons: aesthetic, ecological, educational, cultural,

24 recreational, economic, and scientific;
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1 (2) it should be the objective of the United

2 States to retain for present and future generations

3 the opportunity to observe, understand, and appre4 ciate a wide variety of wildlife;

5 (3) millions of citizens participate in outdoor

6 recreation through hunting, fishing, and wildlife ob7 servation, all of which have significant value to the

8 citizens who engage in these activities;

9 (4) providing sufficient and properly maintained

10 wildlife-associated recreational opportunities is im11 portant to enhancing public appreciation of a diver12 sity of wildlife and the habitats upon which they de13 pend;

14 (5) lands and waters which contain species clas15 sified neither as game nor identified as endangered

16 or threatened also provide opportunities for wildlife17 associated recreation and education such as hunting

18 and fishing permitted by applicable State or Federal

19 law;

20 (6) hunters and anglers have for more than 60

21 years willingly paid user fees in the form of Federal

22 excise taxes on hunting and fishing equipment to

23 support wildlife diversity and abundance, through

24 enactment of the Federal Aid in Wildlife Restoration

25 Act (commonly referred to as the Pittman-Robertson
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1 Act) and the Federal Aid in Sport Fish Restoration

2 Act (commonly referred to as the Dingell-Johnson/

3 Wallop-Breaux Act);

4 (7) State programs, adequately funded to con5 serve a broad array of wildlife in an individual State

6 and conducted in coordination with Federal, State,

7 tribal, and private landowners and interested organi8 zations, would continue to serve as a vital link in an

9 effort to restore game and nongame wildlife, and the

10 essential elements of such programs should include

11 conservation measures which manage for a diverse

12 variety of populations of wildlife; and

13 (8) it is proper for Congress to bolster and ex14 tend this highly successful program to aid game and

15 nongame wildlife in supporting the health and diver16 sity of habitat, as well as providing funds for con17 servation education.

18 SEC. 302. 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

23 wildlife and associated habitats, including species

24 that are not hunted or fished, to fulfill unmet needs
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1 of wildlife within the States in recognition of the pri2 mary role of the States to conserve all wildlife;

3 (2) to assure sound conservation policies

4 through the development, revision and implementa5 tion of wildlife-associated recreation and wildlife-as6 sociated education and wildlife conservation law en7 forcement;

8 (3) to encourage State fish and wildlife agencies

9 to participate with the Federal Government, other

10 State agencies, wildlife conservation organizations,

11 and outdoor recreation and conservation interests

12 through cooperative planning and implementation of

13 this title; and

14 (4) to encourage State fish and wildlife agencies

15 to provide for public involvement in the process of

16 development and implementation of a wildlife con17 servation and restoration program.

18 SEC. 303. DEFINITIONS.

19 (a) REFERENCE TO LAW.—In this title, the term

20 ‘‘Federal Aid in Wildlife Restoration Act’’ means the Act

21 of September 2, 1937 (16 U.S.C. 669 et seq.), commonly

22 referred to as the Federal Aid in Wildlife Restoration Act

23 or the Pittman-Robertson Act.

24 (b) WILDLIFE CONSERVATION AND RESTORATION

25 PROGRAM.—Section 2 of the Federal Aid in Wildlife Res-
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1 toration Act (16 U.S.C. 669a) is amended by inserting

2 after ‘‘shall be construed’’ in the first place it appears the

3 following: ‘‘to include the wildlife conservation and res4 toration program and’’.

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

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

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

8 ‘‘State fish and game department’’.

9 (d) CONSERVATION.—Section 2 of the Federal Aid in

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

11 striking the period at the end thereof, substituting a semi12 colon, and adding the following: ‘‘the term ‘conservation’

13 shall be construed to mean the use of methods and proce14 dures necessary or desirable to sustain healthy populations

15 of wildlife including all activities associated with scientific

16 resources management such as research, census, monitor17 ing of populations, acquisition, improvement and manage18 ment of habitat, live trapping and transplantation, wildlife

19 damage management, and periodic or total protection of

20 a species or population as well as the taking of individuals

21 within wildlife stock or population if permitted by applica22 ble State and Federal law; the term ‘wildlife conservation

23 and restoration program’ means a program developed by

24 a State fish and wildlife department that the Secretary

25 determines meets the criteria in section 6(d), the projects
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1 that constitute such a program, which may be imple2 mented in whole or part through grants and contracts by

3 a State to other State, Federal, or local agencies wildlife

4 conservation organizations and outdoor recreation and

5 conservation education entities from funds apportioned

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

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

8 wild, free-ranging fauna including fish, and also fauna in

9 captive breeding programs the object of which is to re10 introduce individuals of a depleted indigenous species into

11 previously occupied range; the term ‘wildlife-associated

12 recreation’ shall be construed to mean projects intended

13 to meet the demand for outdoor activities associated with

14 wildlife including, but not limited to, hunting and fishing,

15 such projects as construction or restoration of wildlife

16 viewing areas, observation towers, blinds, platforms, land

17 and water trails, water access, trail heads, and access for

18 such projects; and the term ‘wildlife conservation edu19 cation’ shall be construed to mean projects, including pub20 lic outreach, intended to foster responsible natural re21 source stewardship.’’.

22 (e) 10 PERCENT.—Subsection 3(a) of the Federal

23 Aid in Wildlife Restoration Act (16 U.S.C. 669b(a)) is

24 amended in the first sentence by—
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1 (1) inserting ‘‘(1)’’ after ‘‘(beginning with the

2 fiscal year 1975)’’; and

3 (2) inserting after ‘‘Internal Revenue Code of

4 1954’’ the following: ‘‘, and (2) from 10 percent of

5 the qualified Outer Continental Shelf revenues, as

6 defined in section 102 of the Conservation and Rein7 vestment Act of 1999,’’.

8 SEC. 304. SUBACCOUNT AND REFUNDS.

9 Section 3 of the Federal Aid in Wildlife Restoration

10 Act (16 U.S.C. 669b) is amended by adding at the end

11 the following new subsections:

12 ‘‘(c) A subaccount shall be established in the Federal

13 aid to wildlife restoration fund in the Treasury to be

14 known as the ‘wildlife conservation and restoration ac15 count’ and the credits to such account shall be equal to

16 the 10 percent of Outer Continental Shelf revenues re17 ferred to in subsection (a)(2). Amounts credited to such

18 account (other than interest) shall be invested by the Sec19 retary of the Treasury as set forth in subsection (b) and

20 shall be made available without further appropriation, in

21 the next succeeding fiscal year, for apportionment to carry

22 out State wildlife conservation and restoration programs.

23 All interest on such amounts shall be available, without

24 further appropriation, for obligation or expenditure for
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1 purposes of the North American Wetlands Conservation

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

3 ‘‘(d) Funds covered into the wildlife conservation and

4 restoration account shall supplement, but not replace, ex5 isting funds available to the States from the sport fish

6 restoration and wildlife restoration accounts and shall be

7 used for the development, revision, and implementation of

8 wildlife conservation and restoration programs and should

9 be used to address the unmet needs for a diverse array

10 of wildlife and associated habitats, including species that

11 are not hunted or fished, for wildlife conservation, wildlife

12 conservation education, and wildlife-associated recreation

13 projects; provided such funds may be used for new pro14 grams and projects as well as to enhance existing pro15 grams and projects.

16 ‘‘(e) Notwithstanding subsections (a) and (b) of this

17 section, with respect to the wildlife conservation and res18 toration account so much of the appropriation apportioned

19 to any State for any fiscal year as remains unexpended

20 at the close thereof is authorized to be made available for

21 expenditure in that State until the close of the fourth suc22 ceeding fiscal year. Any amount apportioned to any State

23 under this subsection that is unexpended or unobligated

24 at the end of the period during which it is available for
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1 expenditure on any project is authorized to be reappor2 tioned to all States during the succeeding fiscal year.

3 ‘‘(f) In those instances where through judicial deci4 sion, administrative review, arbitration, or other means

5 there are royalty refunds owed to entities generating reve6 nues available for purposes of this Act, 10 percent of such

7 refunds shall be paid from amounts available under sub8 section (a)(2).’’.

9 SEC. 305. ALLOCATION OF SUBACCOUNT RECEIPTS.

10 Section 4 of the Federal Aid in Wildlife Restoration

11 Act (16 U.S.C. 669c) is amended by adding the following

12 new subsection:

13 ‘‘(c)(1) Notwithstanding subsection (a), so much, not

14 to exceed one percent, of the revenues covered into the

15 wildlife conservation and restoration account in each fiscal

16 year as the Secretary of the Interior may estimate to be

17 necessary for expenses in the administration and execution

18 of programs carried out under the wildlife conservation

19 and restoration account shall be deducted for that pur20 pose, and such sum shall be available, without further ap21 propriation, for such purposes in the next succeeding fiscal

22 year, and within 60 days after the close of such fiscal year

23 the Secretary of the Interior shall apportion such part

24 thereof as remains unexpended, if any, on the same basis
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1 and in the same manner as is provided under paragraphs

2 (2) and (3).

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

4 deduction under paragraph (1), shall make the following

5 apportionment from the amount remaining in the wildlife

6 conservation and restoration account:

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

8 Commonwealth of Puerto Rico, each a sum equal to

not more than 1 9 ⁄2 of 1 percent thereof; and

10 ‘‘(B) to Guam, American Samoa, the Virgin Is11 lands, and the Commonwealth of the Northern Mariana Islands, each a sum equal to not more than 1 12 ⁄6

13 of 1 percent thereof.

14 ‘‘(3) The Secretary of the Interior, after making the

15 deduction under paragraph (1) and the apportionment

16 under paragraph (2), shall apportion the remaining

17 amount in the wildlife conservation and restoration ac18 count for each year among the States in the following

19 manner:

‘‘(A) 1 20 ⁄3 of which is based on the ratio to which

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

22 area of all such States; and

‘‘(B) 2 23 ⁄3 of which is based on the ratio to which

24 the population of such State bears to the total popu25 lation of all such States;
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1 The amounts apportioned under this paragraph shall be

2 adjusted equitably so that no such State shall be apportioned a sum which is less than 1 3 ⁄2 of 1 percent of the

4 amount available for apportionment under this paragraph

5 for any fiscal year or more than 5 percent of such

6 amount.’’.

7 ‘‘(d) WILDLIFE CONSERVATION AND RESTORATION

8 PROGRAMS.—Any State, through its fish and wildlife de9 partment, may apply to the Secretary for approval of a

10 wildlife conservation and restoration program or for funds

11 to develop a program, which shall—

12 ‘‘(1) contain provision for vesting in the fish

13 and wildlife department of overall responsibility and

14 accountability for development and implementation

15 of the program;

16 ‘‘(2) contain provision for development and im17 plementation of—

18 ‘‘(A) wildlife conservation projects which

19 expand and support existing wildlife programs

20 to meet the needs of a diverse array of wildlife

21 species,

22 ‘‘(B) wildlife-associated recreation projects,

23 and

24 ‘‘(C) wildlife conservation education

25 projects; and
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1 ‘‘(3) contain provision for public participation

2 in the development, revision, and implementation of

3 projects and programs stipulated in paragraph (2) of

4 this subsection.

5 If the Secretary of the Interior finds that an application

6 for such program contains the elements specified in para7 graphs (1) and (2), the Secretary shall approve such appli8 cation and set aside from the apportionment to the State

9 made pursuant to section 4(c) an amount that shall not

10 exceed 90 percent of the estimated cost of developing and

11 implementing segments of the program for the first 5 fis12 cal years following enactment of this subsection and not

13 to exceed 75 percent thereafter. Not more than 10 percent

14 of the amounts apportioned to each State from this sub15 account for the State’s wildlife conservation and restora16 tion program may be used for law enforcement. Following

17 approval, the Secretary may make payments on a project

18 that is a segment of the State’s wildlife conservation and

19 restoration program as the project progresses but such

20 payments, including previous payments on the project, if

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

22 share of such project. The Secretary, under such regula23 tions as he may prescribe, may advance funds representing

24 the United States pro rata share of a project that is a

25 segment of a wildlife conservation and restoration pro-
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1 gram, including funds to develop such program. For pur2 poses of this subsection, the term ‘State’ shall include the

3 District of Columbia, the Commonwealth of Puerto Rico,

4 the United States Virgin Islands, Guam, American

5 Samoa, and the Commonwealth of the Northern Mariana

6 Islands.’’.

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

8 agency personnel or with personnel of other State agencies

9 pursuant to the Federal Aid in Wildlife Restoration Act

10 or the Federal Aid in Sport Fish Restoration Act shall

11 not be subject to the Federal Advisory Committee Act (5

12 U.S.C. App.) Except for the preceding sentence, the provi13 sions of this title relate solely to wildlife conservation and

14 restoration programs as defined in this title and shall not

15 be construed to affect the provisions of the Federal Aid

16 in Wildlife Restoration Act relating to wildlife restoration

17 projects or the provisions of the Federal Aid in Sport Fish

18 Restoration Act relating to fish restoration and manage19 ment projects.

20 SEC. 306. LAW ENFORCEMENT AND EDUCATION.

21 The third sentence of subsection (a) of section 8 of

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

23 669g) is amended by inserting before the period at the

24 end thereof: ‘‘, except that funds available from this sub-
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1 account for a State wildlife conservation and restoration

2 program may be used for law enforcement and education’’.

3 SEC. 307. PROHIBITION AGAINST DIVERSION.

4 No designated State agency shall be eligible to receive

5 matching funds under this title if sources of revenue avail6 able to it after January 1, 1999, for conservation of wild7 life are diverted for any purpose other than the adminis8 tration of the designated State agency, it being the inten9 tion of Congress that funds available to States under this

10 title be added to revenues from existing State sources and

11 not serve as a substitute for revenues from such sources.

12 Such revenues shall include interest, dividends, or other

13 income earned on the forgoing.

Æ