Union Calendar No. 302

106TH CONGRESS

2D SESSION H. R. 701

[Report No. 106–499, Part I]

A BILL

To provide Outer Continental Shelf Impact Assistance to State and local governments, to amend

the Land and Water Conservation Fund Act of1965, the Urban Park and Recreation RecoveryAct of 1978, and the Federal Aid in WildlifeRestoration Act (commonly referred to as thePittman-Robertson Act) to establish a fund tomeet the outdoor conservation and recreationneeds of the American people, and for other purposes.

MARCH 31, 2000

Committee on the Budget discharged; committed to the

Committee of the Whole House on the State of theUnion and ordered to be printed
I

Union Calendar No. 302

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,
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HR 701 CDH

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.

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,
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HR 701 CDH

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

DICKS, Ms. DELAURO, and Mr. HEFLEY

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

MARCH 17, 2000

The Committee on Agriculture discharged

MARCH 31, 2000

Additional sponsors: Mr. MALONEY of Connecticut, Mr. RODRIGUEZ, Mr.

PRICE of North Carolina, Mr. GILLMOR, Mr. HUNTER, Mr. LIPINSKI,

Mr. RUSH, Mr. COSTELLO, Ms. GRANGER, Mr. FATTAH, Mr. RAMSTAD,

Mr. COBLE, Mrs. THURMAN, Ms. ROS-LEHTINEN, Mr. MASCARA, Mr.

SCOTT, Mr. WATTS of Oklahoma, Mr. BRADY of Pennsylvania, Mr.

DEFAZIO, Mr. HILL of Indiana, Mr. POMEROY, Mr. SNYDER, Mr. GOODLING, Mr. EDWARDS, and Mr. SWEENEY

Deleted sponsors: Mr. DREIER (added February 16, 2000; deleted March 30,

2000), Mr. PACKARD (added February 16, 2000; deleted March 21,

2000), and Mr. STEARNS (added March 8, 2000; deleted March 30,

2000)

MARCH 31, 2000

Committee on the Budget discharged; committed to the Committee of the

Whole House on the State of the Union and ordered to be printed

[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
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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:

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.
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TITLE III—WILDLIFE CONSERVATION AND RESTORATION

Sec. 301. Purposes.

Sec. 302. Definitions.

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

Act Fund.

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

Sec. 305. Education.

Sec. 306. Prohibition against diversion.

TITLE IV—URBAN PARK AND RECREATION RECOVERY PROGRAM

AMENDMENTS

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

Sec. 402. Purpose.

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

Act Fund.

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

Sec. 405. Definitions.

Sec. 406. Eligibility.

Sec. 407. Grants.

Sec. 408. Recovery action programs.

Sec. 409. State action incentives.

Sec. 410. Conversion of recreation property.

Sec. 411. Repeal.

TITLE V—HISTORIC PRESERVATION FUND

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

Act Fund.

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

and corridors.

TITLE VI—FEDERAL AND INDIAN LANDS RESTORATION

Sec. 601. Purpose.

Sec. 602. Treatment of amounts transferred from Conservation and Reinvestment

Act Fund; allocation.

Sec. 603. Authorized uses of transferred amounts.

Sec. 604. Indian tribe defined.

TITLE VII—CONSERVATION EASEMENTS AND ENDANGERED AND

THREATENED SPECIES RECOVERY

Subtitle A—Conservation Easements

Sec. 701. Purpose.

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

Act Fund.

Sec. 703. Authorized uses of transferred amounts.

Sec. 704. Conservation Easement Program.

Subtitle B—Endangered and Threatened Species Recovery

Sec. 711. Purposes.

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

Act Fund.
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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

9 Zone Management Act (16 U.S.C. 1451 and fol10 lowing).

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

12 means a political subdivision of a coastal State all or

13 part of which political subdivision is within the

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

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

16 (3) The term ‘‘coastal State’’ has the same mean17 ing as provided by section 304 of the Coastal Zone

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

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

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

21 1301 and following).

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

23 circle distance, measured in statute miles.
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HR 701 CDH

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

2 Government’s accounting period which begins on Oc3 tober 1st and ends on September 30th, and is des4 ignated by the calendar year in which it ends.

5 (7) The term ‘‘Governor’’ means the highest elect6 ed official of a State or of any other political entity

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

8 Land and Water Conservation Fund Act of 1965 (16

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

10 1937 (16 U.S.C. 669 and following), commonly re11 ferred to as the Federal Aid in Wildlife Restoration

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

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

14 and following), the National Historic Preservation

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

16 Agriculture Improvement and Reform Act of 1996

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

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

19 under section 8 of the Outer Continental Shelf Lands

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

21 developing, and producing oil and natural gas re22 sources, which is a unit consisting of either a block,

23 a portion of a block, a combination of blocks or por24 tions of blocks, or a combination of portions of blocks,
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HR 701 CDH

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

2 Continental Shelf Official Protraction Diagram.

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

4 all submerged lands lying seaward and outside of the

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

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

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

8 appertain to the United States and are subject to its

9 jurisdiction and control.

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

11 local political jurisdiction immediately below the level

12 of State government, including counties, parishes, and

13 boroughs. If State law recognizes an entity of general

14 government that functions in lieu of, and is not with15 in, a county, parish, or borough, the Secretary may

16 recognize an area under the jurisdiction of such other

17 entities of general government as a political subdivi18 sion for purposes of this title.

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

20 with a coastal seaward boundary within 200 miles

21 from the geographic center of a leased tract other than

22 a leased tract or portion of a leased tract that is lo23 cated in a geographic area subject to a leasing mora24 torium on January 1, 1999 (unless the lease was
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HR 701 CDH

1 issued prior to the establishment of the moratorium

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

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

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

5 paragraph) all moneys received by the United States

6 from each leased tract or portion of a leased tract

7 lying seaward of the zone defined and governed by

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

9 (43 U.S.C. 1337(g)), or lying within such zone but to

10 which section 8(g) does not apply, the geographic cen11 ter of which lies within a distance of 200 miles from

12 any part of the coastline of any coastal State, includ13 ing bonus bids, rents, royalties (including payments

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

15 payments, and related late-payment interest from

16 natural gas and oil leases issued pursuant to the

17 Outer Continental Shelf Lands Act. Such term does

18 not include any revenues from a leased tract or por19 tion of a leased tract that is located in a geographic

20 area subject to a leasing moratorium on January 1,

21 1999, unless the lease was issued prior to the estab22 lishment of the moratorium and was in production on

23 January 1, 1999.
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HR 701 CDH

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

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

3 otherwise specifically provided.

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

5 and Reinvestment Act Fund established under section

6 5.

7 SEC. 4. ANNUAL REPORTS.

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

9 Governor receiving moneys from the Fund shall account for

10 all moneys so received for the previous fiscal year in a writ11 ten report to the Secretary of the Interior or the Secretary

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

13 accordance with regulations prescribed by the Secretaries,

14 a description of all projects and activities receiving funds

15 under this Act. In order to avoid duplication, such report

16 may incorporate by reference any other reports required to

17 be submitted under other provisions of law to the Secretary

18 concerned by the Governor regarding any portion of such

19 moneys.

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

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

22 Secretary of Agriculture, shall submit an annual report to

23 the Congress documenting all moneys expended by the Sec24 retary of the Interior and the Secretary of Agriculture from

25 the Fund during the previous fiscal year and summarizing
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HR 701 CDH

1 the contents of the Governors’ reports submitted to the Sec2 retaries under subsection (a).

3 SEC. 5. CONSERVATION AND REINVESTMENT ACT FUND.

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

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

6 be known as the ‘‘Conservation and Reinvestment Act

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

8 Secretary of the Treasury shall deposit into the Fund the

9 following amounts:

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

11 fiscal year from qualified Outer Continental Shelf

12 revenues equal to the difference between

13 $2,825,000,000 and the amounts deposited in the

14 Fund under paragraph (2), notwithstanding section 9

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

16 1338).

17 (2) AMOUNTS NOT DISBURSED.—All allocated

18 but undisbursed amounts returned to the Fund under

19 section 101(a)(2).

20 (3) INTEREST.—All interest earned under sub21 section (d) that is not made available under para22 graph (2) or (4) of that subsection.

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

24 year after the fiscal year 2001, the Secretary of the Treas-
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1 ury shall transfer amounts deposited into the Fund as fol2 lows:

3 (1) $1,000,000,000 to the Secretary of the Inte4 rior for purposes of making payments to coastal

5 States under title I of this Act.

6 (2) To the Land and Water Conservation Fund

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

8 Land and Water Conservation Fund Act of 1965 (16

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

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

11 such fiscal year.

12 (3) $350,000,000 to the Federal aid to wildlife

13 restoration fund established under section 3 of the

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

15 669b).

16 (4) $125,000,000 to the Secretary of the Interior

17 to carry out the Urban Park and Recreation Recovery

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

19 (5) $100,000,000 to the Secretary of the Interior

20 to carry out the National Historic Preservation Act

21 (16 U.S.C. 470 and following).

22 (6) $200,000,000 to the Secretary of the Interior

23 and the Secretary of Agriculture to carry out title VI

24 of this Act.
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HR 701 CDH

1 (7) $150,000,000 to the Secretary of the Interior

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

3 $100,000,000 of such amount transferred to the Sec4 retary of the Interior for purposes of subtitle A of title

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

6 to the Secretary of the Interior for purposes of subtitle

7 B of title VII.

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

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

10 $2,825,000,000, the amounts transferred under paragraphs

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

12 each be reduced proportionately.

13 (d) INTEREST.—

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

15 shall invest moneys in the Fund in public debt securi16 ties with maturities suitable to the needs of the Fund,

17 as determined by the Secretary of the Treasury, and

18 bearing interest at rates determined by the Secretary

19 of the Treasury, taking into consideration current

20 market yields on outstanding marketable obligations

21 of the United States of comparable maturity.

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

23 paragraphs (3) and (4), interest earned on such mon24 eys shall be available, without further appropriation,

25 for obligation or expenditure under—
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1 (A) chapter 69 of title 31 of the United

2 States Code (relating to PILT), and

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

4 (49 Stat. 383; 16 U.S.C. 715s) (relating to refuge

5 revenue sharing).

6 In each fiscal year such interest shall be allocated be7 tween the programs referred to in subparagraph (A)

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

9 appropriated for that fiscal year under other provi10 sions of law for purposes of such programs.

11 (3) CEILING ON EXPENDITURES OF INTEREST.—

12 Amounts made available under paragraph (2) in each

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

14 (A) $200,000,000.

15 (B) The total amount authorized and ap16 propriated for that fiscal year under other provi17 sions of law for purposes of the programs re18 ferred to in subparagraphs (A) and (B) of para19 graph (2).

20 (4) TITLE III INTEREST.—All interest attrib21 utable to amounts transferred by the Secretary of the

22 Treasury to the Secretary of the Interior for purposes

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

24 such title III) shall be available, without further ap25 propriation, for obligation or expenditure for pur-
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1 poses of the North American Wetlands Conservation

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

3 (e) REFUNDS.—In those instances where through judi4 cial decision, administrative review, arbitration, or other

5 means there are royalty refunds owed to entities generating

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

7 Secretary of the Treasury from amounts available in the

8 Fund.

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

10 ADMINISTRATION.

11 Notwithstanding any other provision of law, of

12 amounts made available by this Act (including the amend13 ments made by this Act) for a particular activity, not more

14 than 2 percent may be used for administrative expenses of

15 that activity. Nothing in this section shall affect the prohi16 bition contained in section 4(c)(3) of the Federal Aid in

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

18 SEC. 7. BUDGETARY TREATMENT OF RECEIPTS AND DIS19 BURSEMENTS.

20 Notwithstanding any other provision of law, the re21 ceipts and disbursements of funds under this Act and the

22 amendments made by this Act—

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

24 outlays, receipts, or deficit or surplus for purposes

25 of—
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1 (A) the budget of the United States Govern2 ment as submitted by the President;

3 (B) the congressional budget (including al4 locations of budget authority and outlays pro5 vided therein); or

6 (C) the Balanced Budget and Emergency

7 Deficit Control Act of 1985; and

8 (2) shall be exempt from any general budget lim9 itation imposed by statute on expenditures and net

10 lending (budget outlays) of the United States Govern11 ment.

12 SEC. 8. RECORDKEEPING REQUIREMENTS.

13 The Secretary of the Interior in consultation with the

14 Secretary of Agriculture shall establish such rules regarding

15 recordkeeping by State and local governments and the au16 diting of expenditures made by State and local governments

17 from funds made available under this Act as may be nec18 essary. Such rules shall be in addition to other requirements

19 established regarding recordkeeping and the auditing of

20 such expenditures under other authority of law.

21 SEC. 9. MAINTENANCE OF EFFORT AND MATCHING FUND22 ING.

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

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

25 under this Act during any fiscal year when its expenditures
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1 of non-Federal funds for recurrent expenditures for pro2 grams for which funding is provided under this Act will

3 be less than its expenditures were for such programs during

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

5 receive any funding under this Act with respect to a pro6 gram unless the Secretary is satisfied that such a grant will

7 be so used to supplement and, to the extent practicable, in8 crease the level of State, local, or other non-Federal funds

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

10 provide funding under this Act in a timely manner each

11 fiscal year, the Secretary shall compare a State or local gov12 ernment’s prospective expenditure level to that of its second

13 preceding fiscal year.

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

15 under this Act to a State or local government not meeting

16 the requirements of subsection (a) if the Secretary deter17 mines that a reduction in expenditures is attributable to

18 a non-selective reduction in the expenditures in the pro19 grams of all Executive branch agencies of the State or local

20 government.

21 (c) USE OF FUND TO MEET MATCHING REQUIRE22 MENTS.—All funds received by a State or local government

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

24 of compliance with any provision in effect under any other
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1 law requiring that non-Federal funds be used to provide

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

3 SEC. 10. SUNSET.

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

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

6 SEC. 11. PROTECTION OF PRIVATE PROPERTY RIGHTS.

7 (a) SAVINGS CLAUSE.—Nothing in the Act shall au8 thorize that private property be taken for public use, with9 out just compensation as provided by the Fifth and Four10 teenth amendments to the United States Constitution.

11 (b) REGULATION.—Federal agencies, using funds ap12 propriated by this Act, may not apply any regulation on

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

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

15 Congress.

16 SEC. 12. SIGNS.

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

18 condition of any financial assistance provided with

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

20 owns or administers any site that benefits from such assist21 ance shall include on any sign otherwise installed at that

22 site at or near an entrance or public use focal point, a state23 ment that the existence or development of the site (or both),

24 as appropriate, is a product of such assistance.
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1 (b) STANDARDS.—The Secretary shall provide for the

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

3 and shall prescribe standards and guidelines for such signs.

4 TITLE I—IMPACT ASSISTANCE

5 AND COASTAL CONSERVATION

6 SEC. 101. IMPACT ASSISTANCE FORMULA AND PAYMENTS.

7 (a) IMPACT ASSISTANCE PAYMENTS TO STATES.—

8 (1) GRANT PROGRAM.—Amounts transferred to

9 the Secretary of the Interior from the Conservation

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

11 this Act for purposes of making payments to coastal

12 States under this title in any fiscal year shall be allo13 cated by the Secretary of the Interior among coastal

14 States as provided in this section in each such fiscal

15 year. In each such fiscal year, the Secretary of the In16 terior shall, without further appropriation, disburse

17 such allocated funds to those coastal States for which

18 the Secretary has approved a Coastal State Conserva19 tion and Impact Assistance Plan as required by this

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

21 Secretary to the Governor of the State or to the State

22 official or agency designated by the Governor or by

23 State law as having authority and responsibility to

24 accept and to administer funds paid hereunder. No

25 payment shall be made to any State until the State
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1 has agreed to provide such reports to the Secretary,

2 in such form and containing such information, as

3 may be reasonably necessary to enable the Secretary

4 to perform his duties under this title, and provide

5 such fiscal control and fund accounting procedures as

6 may be necessary to assure proper disbursement and

7 accounting for Federal revenues paid to the State

8 under this title.

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

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

11 the Conservation and Reinvestment Act Fund any

12 amount that the Secretary allocated, but did not dis13 burse, in that fiscal year to a coastal State that does

14 not have an approved plan under this title before the

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

16 except that the Secretary shall hold in escrow until

17 the final resolution of the appeal any amount allo18 cated, but not disbursed, to a coastal State that has

19 appealed the disapproval of a plan submitted under

20 this title.

21 (b) ALLOCATION AMONG COASTAL STATES.—

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

23 each coastal State, the Secretary shall determine the

24 State’s allocable share of the total amount of the reve25 nues transferred from the Fund under section 5(b)(1)
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1 for each fiscal year using the following weighted for2 mula:

3 (A) 50 percent of such revenues shall be al4 located among the coastal States as provided in

5 paragraph (2).

6 (B) 25 percent of such revenues shall be al7 located to each coastal State based on the ratio

8 of each State’s shoreline miles to the shoreline

9 miles of all coastal States.

10 (C) 25 percent of such revenues shall be al11 located to each coastal State based on the ratio

12 of each State’s coastal population to the coastal

13 population of all coastal States.

14 (2) OFFSHORE OUTER CONTINENTAL SHELF

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

16 within a distance of 200 miles from the geographic

17 center of any leased tract, the Secretary of the Inte18 rior shall determine such State’s allocable share under

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

20 this paragraph. Such State share shall be calculated

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

22 5-fiscal year period during which funds are disbursed

23 under this title and recalculated on the anniversary

24 of such date each fifth year thereafter for each suc25 ceeding 5-fiscal year period. Each such State’s allo-
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1 cable share of the revenues disbursed under paragraph

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

3 between the nearest point on the coastline of such

4 State and the geographic center of each leased tract

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

6 mile) that is within 200 miles of that coastline, as de7 termined by the Secretary for the 5-year period con8 cerned. In applying this paragraph a leased tract or

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

10 or portion is located in a geographic area subject to

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

12 lease was issued prior to the establishment of the mor13 atorium and was in production on January 1, 1999.

14 (3) MINIMUM STATE SHARE.—

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

16 revenues determined by the Secretary under this

17 subsection for each coastal State with an ap18 proved coastal management program (as defined

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

20 1451)), or which is making satisfactory progress

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

22 than 0.50 percent of the total amount of the reve23 nues transferred by the Secretary of the Treasury

24 to the Secretary of the Interior for purposes of

25 this title for that fiscal year under subsection
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1 (a). For any other coastal State the allocable

2 share of such revenues shall not be less than 0.25

3 percent of such revenues.

4 (B) RECOMPUTATION.—Where one or more

5 coastal States’ allocable shares, as computed

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

7 any amount under this paragraph, the allocable

8 share for all other coastal States shall be recom9 puted and reduced by the same amount so that

10 not more than 100 percent of the amount trans11 ferred by the Secretary of the Treasury to the

12 Secretary of the Interior for purposes of this title

13 for that fiscal year under section 5(b)(1) is allo14 cated to all coastal States. The reduction shall be

15 divided pro rata among such other coastal

16 States.

17 (c) PAYMENTS TO POLITICAL SUBDIVISIONS.—In the

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

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

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

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

22 coastal political subdivisions of the State according to an

23 allocation formula analogous to the allocation formula used

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

25 States, except that a coastal political subdivision in the
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1 State of California that has a coastal shoreline, that is not

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

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

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

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

6 in the same manner as if that political subdivision were

7 located within a distance of 50 miles from the geographic

8 center of any leased tract.

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

10 and coastal political subdivisions under this section shall

11 be made not later than December 31 of each year from reve12 nues received during the immediately preceding fiscal year.

13 SEC. 102. COASTAL STATE CONSERVATION AND IMPACT AS14 SISTANCE PLANS.

15 (a) DEVELOPMENT AND SUBMISSION OF STATE

16 PLANS.—Each coastal State seeking to receive grants under

17 this title shall prepare, and submit to the Secretary, a

18 Statewide Coastal State Conservation and Impact Assist19 ance Plan. In the case of a producing State, the Governor

20 shall incorporate the plans of the coastal political subdivi21 sions into the Statewide plan for transmittal to the Sec22 retary. The Governor shall solicit local input and shall pro23 vide for public participation in the development of the

24 Statewide plan. The plan shall be submitted to the Sec-
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1 retary by April 1 of the calendar year after the calendar

2 year in which this Act is enacted.

3 (b) APPROVAL OR DISAPPROVAL.—

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

5 under subsection (a) is required prior to disbursement

6 of funds under this title by the Secretary. The Sec7 retary shall approve the Statewide plan if the Sec8 retary determines, in consultation with the Secretary

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

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

11 each of the following:

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

13 have the authority to represent and act for the

14 State in dealing with the Secretary for purposes

15 of this title.

16 (B) A program for the implementation of

17 the plan which, for producing States, includes a

18 description of how funds will be used to address

19 the impacts of oil and gas production from the

20 Outer Continental Shelf.

21 (C) Certification by the Governor that

22 ample opportunity has been accorded for public

23 participation in the development and revision of

24 the plan.
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1 (D) Measures for taking into account other

2 relevant Federal resources and programs. The

3 plan shall be correlated so far as practicable

4 with other State, regional, and local plans.

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

6 Secretary shall approve or disapprove each plan sub7 mitted in accordance with this section. If a State first

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

9 beginning of the first fiscal year to which the plan

10 applies, the Secretary shall approve or disapprove the

11 plan by not later than 30 days before the beginning

12 of that fiscal year.

13 (3) AMENDMENT OR REVISION.—Any amendment

14 to or revision of the plan shall be prepared in accord15 ance with the requirements of this subsection and

16 shall be submitted to the Secretary for approval or

17 disapproval. Any such amendment or revision shall

18 take effect only for fiscal years after the fiscal year in

19 which the amendment or revision is approved by the

20 Secretary.

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

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

23 for coastal political subdivisions are authorized to be used

24 only for one or more of the following purposes:
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1 (1) Data collection, including but not limited to

2 fishery or marine mammal stock surveys in State wa3 ters or both, cooperative State, interstate, and Federal

4 fishery or marine mammal stock surveys or both, co5 operative initiatives with university and private enti6 ties for fishery and marine mammal surveys, activi7 ties related to marine mammal and fishery inter8 actions, and other coastal living marine resources

9 surveys.

10 (2) The conservation, restoration, enhancement,

11 or creation of coastal habitats.

12 (3) Cooperative Federal or State enforcement of

13 marine resources management statutes.

14 (4) Fishery observer coverage programs in State

15 or Federal waters.

16 (5) Invasive, exotic, and nonindigenous species

17 identification and control.

18 (6) Coordination and preparation of cooperative

19 fishery conservation and management plans between

20 States including the development and implementation

21 of population surveys, assessments and monitoring

22 plans, and the preparation and implementation of

23 State fishery management plans developed by inter24 state marine fishery commissions.
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1 (7) Preparation and implementation of State

2 fishery or marine mammal management plans that

3 comply with bilateral or multilateral international

4 fishery or marine mammal conservation and manage5 ment agreements or both.

6 (8) Coastal and ocean observations necessary to

7 develop and implement real time tide and current

8 measurement systems.

9 (9) Implementation of federally approved ma10 rine, coastal, or comprehensive conservation and

11 management plans.

12 (10) Mitigating marine and coastal impacts of

13 Outer Continental Shelf activities including impacts

14 on onshore infrastructure.

15 (11) Projects that promote research, education,

16 training, and advisory services in fields related to

17 ocean, coastal, and Great Lakes resources.

18 (d) COMPLIANCE WITH AUTHORIZED USES.—Based

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

20 and on audits conducted by the Secretary under section 8,

21 the Secretary shall review the expenditures made by each

22 State and coastal political subdivision from funds made

23 available under this title. If the Secretary determines that

24 any expenditure made by a State or coastal political sub25 division of a State from such funds is not consistent with
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1 the authorized uses set forth in subsection (c), the Secretary

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

3 State until the funds used for such expenditure have been

4 repaid to the Conservation and Reinvestment Act Fund.

5 TITLE II—LAND AND WATER

6 CONSERVATION FUND REVI7 TALIZATION

8 SEC. 201. AMENDMENT OF LAND AND WATER CONSERVA9 TION FUND ACT OF 1965.

10 Except as otherwise expressly provided, whenever in

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

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

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

14 other provision of the Land and Water Conservation Fund

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

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

17 TRANSFERRED FROM CONSERVATION AND

18 REINVESTMENT ACT FUND.

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

20 ‘‘(c) AMOUNTS TRANSFERRED FROM CONSERVATION

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

22 of the revenues and collections estimated by the Secretary

23 of the Interior to be covered into the fund pursuant to sub24 sections (a) and (b) of this section, there shall be covered

25 into the fund all amounts transferred to the fund under sec-
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1 tion 5(b)(2) of the Conservation and Reinvestment Act of

2 1999.’’.

3 SEC. 203. AVAILABILITY OF AMOUNTS.

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

5 follows:

6 ‘‘APPROPRIATIONS

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

8 be appropriated to the Secretary from the fund to carry

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

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

11 from the Conservation and Reinvestment Act Fund and

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

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

14 years after the fiscal year 2001 without further appropria15 tion to carry out this Act.

16 ‘‘(b) OBLIGATION AND EXPENDITURE OF AVAILABLE

17 AMOUNTS.—Amounts available for obligation or expendi18 ture from the fund or from the special account established

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

20 provided in this Act.’’.

21 SEC. 204. ALLOCATION OF FUND.

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

23 follows:

24 ‘‘ALLOCATION OF FUNDS

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

26 year to carry out this Act—
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1 ‘‘(1) 50 percent shall be available for Federal

2 purposes (in this Act referred to as the ‘Federal por3 tion’); and

4 ‘‘(2) 50 percent shall be available for grants to

5 States.’’.

6 SEC. 205. USE OF FEDERAL PORTION.

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

8 at the end the following:

9 ‘‘(d) USE OF FEDERAL PORTION.—

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

11 Federal portion (as that term is defined in section

12 5(1)) may not be obligated or expended by the Sec13 retary of the Interior or the Secretary of Agriculture

14 for any acquisition except those specifically referred

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

16 appropriations for the Department of the Interior or

17 the Department of Agriculture, respectively.

18 ‘‘(2) WILLING SELLER REQUIREMENT.—The Fed19 eral portion may not be used to acquire any property

20 unless—

21 ‘‘(A) the owner of the property concurs in

22 the acquisition; or

23 ‘‘(B) acquisition of that property is specifi24 cally approved by an Act of Congress.

25 ‘‘(e) LIST OF PROPOSED FEDERAL ACQUISITIONS.—
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1 ‘‘(1) RESTRICTION ON USE.—The Federal por2 tion for a fiscal year may not be obligated or ex3 pended to acquire any interest in lands or water un4 less the lands or water were included in a list of ac5 quisitions that is approved by the Congress. This list

6 shall include an inventory of surplus lands under the

7 administrative jurisdiction of the Secretary of the In8 terior and the Secretary of Agriculture for which

9 there is no demonstrated compelling program need.

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

11 of the Interior and the Secretary of Agriculture shall

12 jointly transmit to the appropriate authorizing and

13 appropriations committees of the House of Represent14 atives and the Senate for each fiscal year, by no later

15 than the submission of the budget for the fiscal year

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

17 list of the acquisitions of interests in lands and water

18 proposed to be made with the Federal portion for the

19 fiscal year.

20 ‘‘(B) In preparing each list, the Secretary

21 shall—

22 ‘‘(i) seek to consolidate Federal landholdings

23 in States with checkerboard Federal land owner24 ship patterns;
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1 ‘‘(ii) consider the use of equal value land ex2 changes, where feasible and suitable, as an alter3 native means of land acquisition;

4 ‘‘(iii) consider the use of permanent con5 servation easements, where feasible and suitable,

6 as an alternative means of acquisition;

7 ‘‘(iv) identify those properties that are pro8 posed to be acquired from willing sellers and

9 specify any for which adverse condemnation is

10 requested; and

11 ‘‘(v) establish priorities based on such fac12 tors as important or special resource attributes,

13 threats to resource integrity, timely availability,

14 owner hardship, cost escalation, public recreation

15 use values, and similar considerations.

16 ‘‘(3) INFORMATION REGARDING PROPOSED AC17 QUISITIONS.—Each list shall include, for each pro18 posed acquisition included in the list—

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

20 the acquisition, if such authority exists; and

21 ‘‘(B) an explanation of why the particular

22 interest proposed to be acquired was selected.

23 ‘‘(f) NOTIFICATION TO AFFECTED AREAS RE24 QUIRED.—The Federal portion for a fiscal year may not

25 be used to acquire any interest in land unless the Secretary
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1 administering the acquisition, by not later than 30 days

2 after the date the Secretaries submit the list under sub3 section (e) for the fiscal year, provides notice of the proposed

4 acquisition—

5 ‘‘(1) in writing to each Member of and each Del6 egate and Resident Commissioner to the Congress

7 elected to represent any area in which is located—

8 ‘‘(A) the land; or

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

10 unit that includes the land;

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

12 which the land is located;

13 ‘‘(3) in writing to each State political subdivi14 sion having jurisdiction over the land; and

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

16 that is widely distributed in the area under the juris17 diction of each such State political subdivision, that

18 includes a clear statement that the Federal Govern19 ment intends to acquire an interest in land.

20 ‘‘(g) COMPLIANCE WITH REQUIREMENTS UNDER FED21 ERAL LAWS.—

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

23 fiscal year may not be used to acquire any interest

24 in land or water unless the following have occurred:
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1 ‘‘(A) All actions required under Federal law

2 with respect to the acquisition have been com3 plied with.

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

5 impact statement or environmental assessment

6 required by law, and a summary of all public

7 comments regarding the acquisition that have

8 been received by the agency making the acquisi9 tion, are submitted to the Committee on Re10 sources of the House of Representatives, the Com11 mittee on Energy and Natural Resources of the

12 Senate, and the Committees on Appropriations

13 of the House of Representatives and of the

14 Senate.

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

16 statement or assessment and of such summary is

17 provided to—

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

19 and Resident Commissioner to the Congress

20 elected to represent the area in which the

21 land is located;

22 ‘‘(ii) the Governor of the State in

23 which the land is located; and

24 ‘‘(iii) each State political subdivision

25 having jurisdiction over the land.
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1 ‘‘(2) LIMITATION ON APPLICATION.—Paragraph

2 (1) shall not apply to any acquisition that is specifi3 cally authorized by a Federal law.’’.

4 SEC. 206. ALLOCATION OF AMOUNTS AVAILABLE FOR STATE

5 PURPOSES.

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

7 is amended to read as follows:

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

9 in the fund available each fiscal year for State purposes

10 shall be apportioned among the several States by the Sec11 retary, in accordance with this subsection. The determina12 tion of the apportionment by the Secretary shall be final.

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

14 available each fiscal year for State purposes—

15 ‘‘(A) 30 percent shall be apportioned equal16 ly among the several States; and

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

18 the ratio that the amount apportioned to each

19 State under this subparagraph bears to the total

20 amount apportioned under this subparagraph

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

22 population of the State bears to the total popu23 lation of all States.

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

25 a fiscal year under paragraph (2) shall not exceed 10 per-
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1 cent of the total amount allocated to the several States under

2 paragraph (2) for that fiscal year.

3 ‘‘(4) The Secretary shall notify each State of its appor4 tionment, and the amounts thereof shall be available there5 after to the State for planning, acquisition, or development

6 projects as hereafter described. Any amount of any appor7 tionment under this subsection that has not been paid or

8 obligated by the Secretary during the fiscal year in which

9 such notification is given and the two fiscal years thereafter

10 shall be reapportioned by the Secretary in accordance with

11 paragraph (2), but without regard to the 10 percent limita12 tion to an individual State specified in paragraph (3).

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

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

15 a State; and

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

17 American Samoa—

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

19 State; and

20 ‘‘(II) shall each be allocated an equal share

21 of any amount distributed to them pursuant to

22 clause (i).

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

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

25 Act.’’.
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1 (b) TRIBES AND ALASKA NATIVE CORPORATIONS.—

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

3 by adding at the end the following new subparagraph:

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

5 recognized Indian tribes and Native Corporations (as de6 fined in section 3 of the Alaska Native Claims Settlement

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

8 the apportionment under paragraph (1) in accordance with

9 a competitive grant program established by the Secretary

10 by rule. The total apportionment available to such tribes

11 and Native Corporations shall be equivalent to the amount

12 available to a single State. No single tribe or Native Cor13 poration shall receive a grant that constitutes more than

14 10 percent of the total amount made available to all tribes

15 and Native Corporations pursuant to the apportionment

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

17 Corporation under this subparagraph may be expended

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

19 of subsection (a).’’.

20 (c) LOCAL ALLOCATION.—Section 6(b) (16 U.S.C.

21 460l–8(b)) is amended by adding at the end the following:

22 ‘‘(6) Absent some compelling and annually docu23 mented reason to the contrary acceptable to the Secretary

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

25 a State under paragraph (5)) shall make available as
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1 grants to local governments, at least 50 percent of the an2 nual State apportionment, or an equivalent amount made

3 available from other sources.’’.

4 SEC. 207. STATE PLANNING.

5 (a) STATE ACTION AGENDA REQUIRED.—

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

7 8(d)) is amended to read as follows:

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

9 State may define its own priorities and criteria for selec10 tion of outdoor conservation and recreation acquisition and

11 development projects eligible for grants under this Act so

12 long as it provides for public involvement in this process

13 and publishes an accurate and current State Action Agenda

14 for Community Conservation and Recreation (in this Act

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

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

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

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

19 governments and Federal agencies, and in consultation with

20 its citizens, shall develop, within 5 years after the enact21 ment of the Conservation and Reinvestment Act of 1999,

22 a State Action Agenda that meets the following require23 ments:
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1 ‘‘(A) The agenda must be strategic, originating

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

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

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

5 every 4 years and certified by the Governor that the

6 State Action Agenda conclusions and proposed ac7 tions have been considered in an active public in8 volvement process.

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

10 providers of conservation and recreation lands within each

11 State, including Federal, regional, and local government re12 sources, and shall be correlated whenever possible with other

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

14 space, and wetlands conservation. Recovery action pro15 grams developed by urban localities under section 1007 of

16 the Urban Park and Recreation Recovery Act of 1978 shall

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

18 and action schedules contained in State Action Agenda.

19 Each State shall assure that any requirements for local out20 door conservation and recreation planning, promulgated as

21 conditions for grants, minimize redundancy of local efforts

22 by allowing, wherever possible, use of the findings, prior23 ities, and implementation schedules of recovery action pro24 grams to meet such requirements.’’.
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1 (2) EXISTING STATE PLANS.—Comprehensive

2 State Plans developed by any State under section

3 6(d) of the Land and Water Conservation Fund Act

4 of 1965 before the date that is 5 years after the enact5 ment of this Act shall remain in effect in that State

6 until a State Action Agenda has been adopted pursu7 ant to the amendment made by this subsection, but no

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

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

10 8(e)) is amended as follows:

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

12 striking ‘‘State comprehensive plan’’ and inserting

13 ‘‘State Action Agenda’’.

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

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

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

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

18 (1) in subsection (e)(1) by striking ‘‘, but not in19 cluding incidental costs relating to acquisition’’; and

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

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

22 safety within a designated park or recreation area’’.

23 SEC. 209. CONVERSION OF PROPERTY TO OTHER USE.

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

25 (1) by inserting ‘‘(A)’’ before ‘‘No property’’; and
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1 (2) by striking the second sentence and inserting

2 the following:

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

4 if the State demonstrates no prudent or feasible alternative

5 exists with the exception of those properties that no longer

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

7 outdoor conservation and recreation facility due to changes

8 in demographics or that must be abandoned because of envi9 ronmental contamination which endangers public health

10 and safety. Any conversion must satisfy such conditions as

11 the Secretary deems necessary to assure the substitution of

12 other conservation and recreation properties of at least

13 equal fair market value and reasonably equivalent useful14 ness and location and which are consistent with the existing

15 State Plan or Agenda; except that wetland areas and inter16 ests therein as identified in the wetlands provisions of the

17 action agenda and proposed to be acquired as suitable re18 placement property within that same State that is otherwise

19 acceptable to the Secretary shall be considered to be of rea20 sonably equivalent usefulness with the property proposed for

21 conversion.’’.

22 SEC. 210. WATER RIGHTS.

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

24 ‘‘WATER RIGHTS

25 ‘‘SEC. 14. Nothing in this title—
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1 ‘‘(1) invalidates or preempts State or Federal

2 water law or an interstate compact governing water;

3 ‘‘(2) alters the rights of any State to any appro4 priated share of the waters of any body of surface or

5 ground water, whether determined by past or future

6 interstate compacts or by past or future legislative or

7 final judicial allocations;

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

9 law, or interstate compact, dealing with water quality

10 or disposal; or

11 ‘‘(4) confers on any non-Federal entity the abil12 ity to exercise any Federal right to the waters of any

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

14 TITLE III—WILDLIFE CONSERVA15 TION AND RESTORATION

16 SEC. 301. PURPOSES.

17 The purposes of this title are—

18 (1) to extend financial and technical assistance

19 to the States under the Federal Aid to Wildlife Res20 toration Act for the benefit of a diverse array of wild21 life and associated habitats, including species that are

22 not hunted or fished, to fulfill unmet needs of wildlife

23 within the States in recognition of the primary role

24 of the States to conserve all wildlife;
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1 (2) to assure sound conservation policies through

2 the development, revision, and implementation of a

3 comprehensive wildlife conservation and restoration

4 plan;

5 (3) to encourage State fish and wildlife agencies

6 to participate with the Federal Government, other

7 State agencies, wildlife conservation organizations,

8 and outdoor recreation and conservation interests

9 through cooperative planning and implementation of

10 this title; and

11 (4) to encourage State fish and wildlife agencies

12 to provide for public involvement in the process of de13 velopment and implementation of a wildlife conserva14 tion and restoration program.

15 SEC. 302. DEFINITIONS.

16 (a) REFERENCE TO LAW.—In this title, the term ‘‘Fed17 eral Aid in Wildlife Restoration Act’’ means the Act of Sep18 tember 2, 1937 (16 U.S.C. 669 and following), commonly

19 referred to as the Federal Aid in Wildlife Restoration Act

20 or the Pittman-Robertson Act.

21 (b) WILDLIFE CONSERVATION AND RESTORATION PRO22 GRAM.—Section 2 of the Federal Aid in Wildlife Restora23 tion Act (16 U.S.C. 669a) is amended by inserting after

24 ‘‘shall be construed’’ the first place it appears the following:
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1 ‘‘to include the wildlife conservation and restoration pro2 gram and’’.

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

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

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

6 ‘‘State fish and game department’’.

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

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

9 striking the period at the end thereof, substituting a semi10 colon, and adding the following: ‘‘the term ‘conservation’

11 shall be construed to mean the use of methods and proce12 dures necessary or desirable to sustain healthy populations

13 of wildlife including all activities associated with scientific

14 resources management such as research, census, monitoring

15 of populations, acquisition, improvement and management

16 of habitat, live trapping and transplantation, wildlife dam17 age management, and periodic or total protection of a spe18 cies or population as well as the taking of individuals with19 in wildlife stock or population if permitted by applicable

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

21 restoration program’ means a program developed by a State

22 fish and wildlife department and approved by the Secretary

23 under section 4(d), the projects that constitute such a pro24 gram, which may be implemented in whole or part through

25 grants and contracts by a State to other State, Federal, or
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1 local agencies (including those that gather, evaluate, and

2 disseminate information on wildlife and their habitats),

3 wildlife conservation organizations, and outdoor recreation

4 and conservation education entities from funds apportioned

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

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

7 free-ranging fauna including fish, and also fauna in cap8 tive breeding programs the object of which is to reintroduce

9 individuals of a depleted indigenous species into previously

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

11 shall be construed to mean projects intended to meet the

12 demand for outdoor activities associated with wildlife in13 cluding, but not limited to, hunting and fishing, wildlife

14 observation and photography, such projects as construction

15 or restoration of wildlife viewing areas, observation towers,

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

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

18 conservation education’ shall be construed to mean projects,

19 including public outreach, intended to foster responsible

20 natural resource stewardship.’’.

21 SEC. 303. TREATMENT OF AMOUNTS TRANSFERRED FROM

22 CONSERVATION AND REINVESTMENT ACT

23 FUND.

24 Section 3 of the Federal Aid in Wildlife Restoration

25 Act (16 U.S.C. 669b) is amended—
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1 (1) in subsection (a) by inserting ‘‘(1)’’ after

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

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

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

5 conservation and restoration account’. Amounts transferred

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

7 Conservation and Reinvestment Act of 1999 shall be depos8 ited in the subaccount and shall be available without further

9 appropriation, in each fiscal year, for apportionment in

10 accordance with this Act to carry out State wildlife con11 servation and restoration programs.’’; and

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

13 ‘‘(c) Amounts transferred to the fund from the Con14 servation and Reinvestment Act Fund and apportioned

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

16 existing funds available to the States from the sport fish

17 restoration account and wildlife restoration account and

18 shall be used for the development, revision, and implementa19 tion of wildlife conservation and restoration programs and

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

21 array of wildlife and associated habitats, including species

22 that are not hunted or fished, for wildlife conservation,

23 wildlife conservation education, and wildlife-associated

24 recreation projects. Such funds may be used for new pro-
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1 grams and projects as well as to enhance existing programs

2 and projects.

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

4 section, with respect to amounts transferred to the fund

5 from the Conservation and Reinvestment Act Fund so much

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

7 fiscal year and as remains unexpended at the close thereof

8 shall remain available for expenditure in that State until

9 the close of—

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

11 of amounts transferred in any of the first 10 fiscal

12 years beginning after the date of enactment of the

13 Conservation and Reinvestment Act of 1999; or

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

15 case of amounts transferred in a fiscal year beginning

16 after the 10-fiscal-year period referred to in subpara17 graph (A).

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

19 subsection that is unexpended or unobligated at the end of

20 the period during which it is available under paragraph

21 (1) shall be reapportioned to all States during the suc22 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.