79–010

Calendar No. 804

106TH CONGRESS REPORT

2d Session " ! SENATE 106–413

CONSERVATION AND REINVESTMENT ACT OF 2000

SEPTEMBER 14, 2000.—Ordered to be printed

Mr. MURKOWSKI, from the Committee on Energy and Natural

Resources, submitted the following

REPORT

together with

MINORITY VIEWS

[To accompany H.R. 701]

The Committee on Energy and Natural Resources, to which was

referred the Act (H.R. 701) to provide Outer Continental Shelf Impact Assistance to State and local governments, to amend the Land

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

Recreation Recovery Act of 1978, and the Federal Aid in Wildlife

Restoration Act (commonly referred to as the Pittman-Robertson

Act) to establish a fund to meet the outdoor conservation and recreation needs of the American people, and for other purposes, having

considered the same, report favorably thereon with an amendment

and recommend that the Act, as amended, do pass.

The amendment is as follows:

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

the following:

SECTION 1. SHORT TITLE.

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

SEC. 2. CONSERVATION AND REINVESTMENT ACT FUND.

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

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

Fund’’. In each fiscal year beginning in fiscal year 2001 and through fiscal year

2015, the Secretary of the Treasury shall deposit in the Conservation and Reinvestment Act Fund amounts sufficient to fund the programs identified in subsection (b)

from qualified Outer Continental Shelf revenues, as that term is defined in section

2 of the Outer Continental Shelf Lands Act (43 U.S.C. 1331), notwithstanding section 9 of such Act (43 U.S.C. 1338).

(b) PROGRAM ALLOCATION.—In each fiscal year beginning in fiscal year 2002 and

through fiscal year 2016, the Secretary of the Treasury shall transfer amounts de-
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posited in the previous year into the Conservation and Reinvestment Act Fund as

follows:

(1) $430,000,000 to the Secretary of the Interior for purposes of making payments to Producing Coastal States under section 31 of the Outer Continental

Shelf Lands Act (43 U.S.C. 1330 et seq.). (2) $350,000,000 to the Secretary of Commerce for purposes of making payments to Coastal States under section 32 of the Outer Continental Shelf Lands

Act (43 U.S.C. 1330 et seq.). (3) $25,000,000 to the Secretary of the Interior and Secretary of Commerce

for coral reef protection efforts as provided in section 104 of this Act.

(4) Such amounts as are necessary to make the income of the Land and Water Conservation Fund $900,000,000 to the Land and Water Conservation Fund for

expenditure as provided in section 3 of the Land and Water Conservation Fund

Act of 1965 (16 U.S.C. 460l–6).

(5) $350,000,000 to the Wildlife Conservation and Restoration Account within

the Federal Aid to Wildlife Restoration Fund established under section 3 of the

Federal Aid in Wildlife Restoration Act (16 U.S.C. 669b).

(6) $75,000,000 to the Secretary of the Interior to carry out the Urban Park

and Recreation Recovery Act of 1978 (16 U.S.C. 2501 et seq.). (7) $50,000,000 to the Secretary of Agriculture to carry out the Urban and

Community Forestry Act established by section 9 of the Cooperative Forestry

Assistance Act of 1978 (16 U.S.C. 2105).

(8) $150,000,000 to the Secretary of the Interior for expenditure as provided

in section 8(d) of the National Historic Preservation Act (16 U.S.C. 470h(d)).

(9) $125,000,000 to the Secretary of the Interior to carry out National Park

Service and Indian lands restoration programs as provided in title VI of this

Act.

(10) $50,000,000 to the Secretary of Agriculture to carry out the Forest Legacy program established by section 7 of the Cooperative Forestry Assistance Act

of 1978 (16 U.S.C. 2103c).

(11) $50,000,000 to the Secretary of Agriculture to carry out the Farm and

Ranch Land Protection Program established by section 701 of this Act.

(12) $25,000,000 to the Secretary of Agriculture to carry out the Rural Development program under section 21 of the Cooperative Forestry Assistance Act of

1978 (16 U.S.C. 2101).

(13) $25,000,000 to the Secretary of Agriculture to carry out the Rural Community Assistance program established by section 2379 of the National ForestDependent Rural Communities Economic Diversification Act of 1990 (7 U.S.C.

6611–6617).

(14) $60,000,000 to be equally divided between the Secretary of Agriculture,

acting through the Chief of the Forest Service, and the Secretary of the Interior

to carry out titles I and II of the Youth Conservation Corps Act of 1970 (16

U.S.C. 1701 et seq.).

(15) Such sums as are necessary to the Secretary of the Interior to fund the

payment in lieu of taxes program at its fully authorized level (31 U.S.C. 6901

et seq.).

(c) AVAILABILITY OF FUNDS.—Amounts transferred under subsection (b) are hereby

appropriated, subject to subsection (f), and shall be available for obligation and expenditure without further appropriation and without fiscal year limitation.

(d) CONFORMING AMENDMENT.—Section 6906 of title 31, United States Code, is

amended to read as follows: ‘‘There are authorized to be appropriated such sums as

may be necessary to carry out this chapter.’’.

(e) SHORTFALL.—If amounts deposited in the Conservation and Reinvestment Act

Fund in fiscal year 2001 or in any fiscal year thereafter are insufficient to fund each

program identified in subsection (b) in the amount specified in such subsection, the

amount transferred to each program under subsection (b) for that fiscal year shall

each be reduced proportionately in such fiscal year.

(f) LIMITATION ON AVAILABILITY OF FUNDS.—Notwithstanding any provision of this

Act making funds available without further appropriation, no amounts from the

Conservation and Reinvestment Act Fund shall be transferred under this section

during any fiscal year until the Congress has made available $450,000,000 (or such

lesser amount as may be required by subsection (e)) for Federal land acquisition

under section 5 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C.

460l–7) during such fiscal year in an Act making appropriations.

(g) STATE AND LOCAL ACQUISITION RESTRICTION.—Funds made available to States

and local governments should be, to the extent practicable, for the acquisition of

land or interests in land on a willing seller basis.

(h) SAVINGS CLAUSE.—Nothing in this Act expands, diminishes, or affects any

water right.
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SEC. 3. RECORDKEEPING REQUIREMENTS.

The Secretary of the Interior, Secretary of Agriculture, and Secretary of Commerce in administering a program funded under this Act shall establish such rules

as may be necessary regarding recordkeeping and auditing of amounts made available to States and political subdivisions under this Act.

SEC. 4. ANNUAL REPORTS.

(a) STATE REPORTS.—As a condition for receiving amounts from the Conservation

and Reinvestment Act Fund, each Governor receiving such amounts shall account

for all amounts so received during the previous fiscal year in a written report to

the Secretary of the Interior, the Secretary of Agriculture, or the Secretary of Commerce, as appropriate. The report shall include, in accordance with regulations prescribed by the Secretary, a description of all projects and activities funded under

this Act, including a listing of all lands or interests in lands acquired and the circumstances surrounding each acquisition. In order to avoid duplication, such report

may incorporate by reference any other reports required to be submitted by the Governor, under other provisions of law, to the Secretary regarding any portion of such

amounts.

(b) REPORT TO CONGRESS.—On January 1 of each year, the Secretary of the Interior, the Secretary of Agriculture, and the Secretary of Commerce, shall jointly submit an annual report to the Congress documenting all amounts expended by the

Secretary of the Interior, the Secretary of Agriculture, and the Secretary of Commerce from the Conservation and Reinvestment Act Fund during the previous fiscal

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

SEC. 5. MAINTENANCE OF EFFORT AND MATCHING FUNDING.

(a) IN GENERAL.—Amounts made available to States and political subdivisions

from the Conservation and Reinvestment Act Fund are intended to supplement

rather than replace expenditures by such State and subdivisions. The Secretaries

of the Interior, Commerce and Agriculture shall monitor the use of grant funds to

ensure compliance with this intent and shall identify in the annual report required

under section 4 any State or subdivision that, in the judgment of the Secretary, is

not maintaining a sufficient local commitment or uses funds received under this Act

to reduce its expenditure of non-Federal funds.

(b) USE OF AMOUNTS FROM THE CONSERVATION AND REINVESTMENT ACT FUND TO

MEET MATCHING REQUIREMENTS.—All amounts received by a State or local government under this Act shall be treated as Federal funds for purposes of compliance

with the requirement under any other law that non-Federal funds be used to provide a portion of the funding for any program or project.

SEC. 6. PROTECTION OF PRIVATE PROPERTY RIGHTS.

(a) SAVINGS CLAUSE.—Nothing in this Act shall authorize the taking of private

property for public use without just compensation.

(b) FEDERAL REGULATION.—Nothing in this Act creates any new authority for Federal agencies to apply regulations on privately owned land.

SEC. 7. SIGNS.

The Secretary of the Interior shall require, as a condition of providing any

amounts from the Conservation and Reinvestment Act Fund, that the person that

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

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

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

is a product of such amounts.

SEC. 8. ENSURING THE SOLVENCY OF THE SOCIAL SECURITY AND MEDICARE TRUST FUNDS.

(a) DEBT REDUCTION.—The Director of the Congressional Budget Office shall report to Congress by February 1 of each year whether—

(1) a sufficient portion of the on-budget surplus is reserved for debt retirement to put the Government on a path to eliminate the publicly held debt by

fiscal year 2013 under current economic and technical projections; and

(2) there is an on-budget surplus for that fiscal year.

(b) SOCIAL SECURITY SOLVENCY.—The Board of Trustees of the Federal Old-Age

and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust

Fund shall report to Congress by February 1 of each year whether outlays from

such trust funds are anticipated to exceed the revenues to such trust funds during

any of the next 5 years.

(c) MEDICARE SOLVENCY.—The Board of Trustees of the Federal Hospital Insurance Trust Fund shall report to Congress by February 1 of each year whether outlays from such trust fund are anticipated to exceed the revenues to such trust fund

during any of the next 5 fiscal years.
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SEC. 9. PROTECTION OF SOCIAL SECURITY AND MEDICARE BENEFITS.

No funds shall be transferred under this Act if such expenditure diminishes benefit obligations of the Federal Old-Age and Survivors Insurance Trust Fund, the

Federal Disability Insurance Trust Fund, the Federal Hospital Insurance Trust

Fund, or the Federal Supplementary Medical Insurance Trust Fund or if there is

not an on-budget surplus.

TITLE I—COASTAL IMPACT ASSISTANCE AND STEWARDSHIP

SEC. 101. DEFINITIONS

Section 2 of the Outer Commercial Shelf Lands Act (43 U.S.C. 1331) is amended

by adding at the end the following:

‘‘(r) The term ‘coastal population’ means the population of all political subdivisions, as determined by the most recent official data of the Census Bureau, contained in whole or in part within the designated coastal boundary of a State as defined in a State’s coastal zone management program under the Coastal Zone Management Act (16 U.S.C. 1451 et seq.).

‘‘(s) The term ‘Coastal State’ has the same meaning as provided by subsection

304(4) of the Coastal Zone Management Act (16 U.S.C. 1453(4)).

‘‘(t) The term ‘coastline’ has the same meaning as the term ‘coast line’ as defined

in subsection 2(c) of the Submerged Lands Act (43 U.S.C. 1301(c)).

‘‘(u) The term ‘lease tract’ means a tract maintained under section 6 or leased

under section 8 for the purpose of drilling for, developing, and producing oil and natural gas resources.

‘‘(v) The term ‘qualified Outer Continental Shelf revenues’ means all amounts received by the United States from each leased tract or portion of a leased tract lying

seaward of the zone defined and governed by section 8(g) of this Act, or lying within

such zone but to which section 8(g) does not apply, the geographic center of which

lies within a distance of 200 miles from any part of the coastline of any Coastal

State, including bonus bids, rents, royalties (including payments for royalties taken

in kind and sold), net profit share payments, and related late payment interest.

Such term does not include any revenues from a leased tract or portion of a leased

tract that is included within any area of the Outer Continental Shelf where a moratorium on new leasing was in effect as of January 1, 2000, unless the lease was

issued prior to the establishment of the moratorium and was in production on January 1, 2000.’’.

SEC. 102. COASTAL IMPACT ASSISTANCE.

The Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) is amended by

adding at the end the following:

‘‘SEC. 31. COASTAL IMPACT ASSISTANCE.

‘‘(a) DEFINITIONS.—When used in this section—

‘‘(1) The term ‘coastal political subdivision’ means a county, parish, or any

equivalent subdivision of a Producing Coastal State which subdivision lies within the coastal zone (as defined in section 304(1) of the Coastal Zone Management Act (16 U.S.C. 1453(1)) and within a distance of 200 miles from the geographic center of any leased tract.

‘‘(2) The term ‘distance’ means minimum great circle distance, measured in

statute miles.

‘‘(3) The term ‘Producing Coastal State’ means a Coastal State with a coastal

seaward boundary within 200 miles from the geographic center of a leased tract

other than a leased tract within any area of the Outer Continental Shelf where

a moratorium on new leasing was in effect as of January 1, 2000, unless the

lease was issued prior to the establishment of the moratorium and was in production on January 1, 2000.

‘‘(b) FUNDING.—Amounts transferred to the Secretary under section 2(b)(1) of the

Conservation and Reinvestment Act in a fiscal year shall be available for obligation

and expenditure for the purposes of this section, without further appropriations and

without fiscal year limitation.

‘‘(c) IMPACT ASSISTANCE PAYMENTS TO STATES AND POLITICAL SUBDIVISIONS.—

Notwithstnding section 9, the Secretary shall make payments from the amounts

available under this section to Producing Coastal States with an approved Coastal

Impact Assistance Plan, and to coastal political subdivisions as follows:

‘‘(1) ALLOCATIONS TO PRODUCING COASTAL STATES.—In each fiscal year, each

Producing Coastal State’s allocable share shall be equal to the sum of the following:

‘‘(A) $245,000,000 equally divided among all Producing Coastal States;

‘‘(B) $185,000,000 divided among Producing Coastal States based on

Outer Continental Shelf production.
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‘‘(2) CALCULATION.—The amount for each Producing Coastal State under

paragraph (1)(B) shall be calculated based on the ratio of qualified OCS revenues generated off the coastline of the Producing Coastal State to the qualified

OCS revenues generated off the coastlines of the Producing Coastal States, for

the preceding five-year period and recalculated each fifth year thereafter. Where

there is more than one Producing Coastal State within 200 miles of a leased

tract, the amount of each Producing Coastal State’s payment under paragraph

(1)(B) for such leased tract shall be inversely proportional to the distance between the nearest point on the coastline of such State and the geographic center

of each leased tract or portion of the leased tract (to the nearest whole mile)

that is within 200 miles of that coastline, as determined by the Secretary for

the 5-year period concerned. A leased tract or portion of a leased tract shall be

excluded if the tract or portion is located in a geographic area where a moratorium on new leasing was in effect on January 1, 2000, unless the lease was

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

January 1, 2000.

‘‘(3) PAYMENTS TO COASTAL POLITICAL SUBDIVISIONS.—Twenty percent of each

Producing Coastal State’s allocable share as determined under paragraph (1)

shall be paid directly to the coastal political subdivisions by the Secretary based

on the following formula:

‘‘(A) 25 percent shall be allocated based on the ratio of such coastal political subdivision’s coastal population to the coastal population of all coastal

political subdivisions in the Producing Coastal State; except that for those

coastal political subdivisions in the State of Louisiana without a coastline,

the coastline for purposes of this element of the formula shall be the average length of the coastline of the remaining coastal subdivisions in the

state.

‘‘(B) 25 percent shall be allocated based on the ratio of such coastal political subdivision’s coastline miles to the coastline miles of a coastal political

subdivision in the Producing Coastal State.

‘‘(C) 50 percent shall be allocated based on the relative distance of such

coastal political subdivision from any leased tract used to calculate the Producing Coastal State’s allocation using ratios that are inversely proportional to the distance between the point in the coastal political subdivision

closest to the geographic center of each leased tract or portion, as determined by the Secretary; except that in the State of Louisiana the funds for

this element of the formula shall be divided equally among all coastal political subdivisions. For purposes of the calculations under this subparagraph,

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

tract or portion is located in a geographic area where a moratorium on new

leasing was in effect on January 1, 2000, unless the lease was issued prior

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

1, 2000.

‘‘(4) FAILURE TO HAVE PLAN APPROVED.—Any amount allocated to a Producing

Coastal State or coastal political subdivision but not disbursed because of a failure to have an approved Coastal Impact Assistance Plan under this section

shall be allocated equally by the Secretary among all other Producing Coastal

States in a manner consistent with this subsection except that the Secretary

shall hold in escrow such amount until the final resolution of any appeal regarding the disapproval of a plan submitted under this section. The Secretary

may waive the provisions of this paragraph and hold a Producing Coastal

State’s allocable share in escrow if the Secretary determines that such State is

making a good faith effort to develop and submit, or update, a Coastal Impact

Assistance Plan.

‘‘(d) COASTAL IMPACT ASSISTANCE PLAN.—

‘‘(1) DEVELOPMENT AND SUBMISSION OF STATE PLANS.—The Governor of each

Producing Coastal State shall prepare, and submit to the Secretary, a Coastal

Impact Assistance Plan which shall incorporate the plans of coastal political

subdivisions, and may also incorporate the Statewide Coastal Conservation Plan

required under section 32 of this Act. The Governor shall solicit local input and

shall provide for public participation in the development of the plan. The plan

shall be submitted to the Secretary by July 1, 2001 and updated at least once

every 5 years thereafter. Amounts received by Producing Coastal States and

coastal political subdivisions may be used only for the purposes specified in the

Producing Coastal State’s Coastal Impact Assistance Plan.

‘‘(2) APPROVAL.—The Secretary shall approve a plan under paragraph (1) prior

to disbursement of amounts under this section. The Secretary shall approve the

plan if the Secretary determines that the plan is consistent with the uses set

forth in subsection (e) and if the plan contains each of the following:
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‘‘(A) The name of the State agency that will have the authority to represent and act for the State in dealing with the Secretary for purposes of

this section.

‘‘(B) A program for the implementation of the plan which describes how

the amounts provided under this section will be used.

‘‘(C) A description of how coastal political subdivisions will use amounts

provided under this section, including a certification by the Governor that

such uses are consistent with the requirements of this section.

‘‘(D) Certification by the Governor that ample opportunity has been accorded for public participation in the development and revision of the plan.

‘‘(E) Measures for taking into account other relevant Federal resources

and programs.

‘‘(3) PROCEDURE.—The Secretary shall approve or disapprove each plan or

amendment within 90 days of its submission.

‘‘(4) AMENDMENT.—Any amendment to the plan shall be prepared in accordance with the requirements of this subsection and shall be submitted to the Secretary for approval or disapproval.

‘‘(e) AUTHORIZED USES.—Producing Coastal States and coastal political subdivisions shall use amounts provided under this section, including any such amounts

deposited in a State or coastal political subdivision administered trust fund dedicated to uses consistent with this subsection, in compliance with Federal and State

law and only for one or more of the following purposes:

‘‘(1) uses authorized under subsection 32(c) of this Act relating to coastal

stewardship;

‘‘(2) projects and activities for the conservation, protection or restoration of

wetlands;

‘‘(3) mitigating damage to fish, wildlife or natural resources, including such

activities authorized under subtitle B of title IV of the Oil Pollution Act of 1990

(33 U.S.C. 1321(c), (d));

‘‘(4) planning assistance and administrative costs of complying with the provisions of this section;

‘‘(5) implementation of Federally approved marine, coastal, or comprehensive

conservation management plans; and

‘‘(6) mitigating impacts of Outer Continental Shelf activities through funding

of onshore infrastructure and public service needs; Provided, That funds made

available under this paragraph shall not exceed 23 percent of the funds provided under this section.

‘‘(f) COMPLIANCE WITH AUTHORIZED USES.—If the Secretary determines that any

expenditure made by a Producing Coastal State or coastal political subdivision is

not consistent with the uses authorized in subsection (e), the Secretary shall not disburse any further amounts under this section to that Producing Coastal State or

coastal political subdivision until the amounts used for the inconsistent expenditure

have been repaid or obligated for authorized uses.

SEC. 103. OCEAN AND COASTAL CONSERVATION.

The Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) is further amended by adding at the end the following:

‘‘SEC. 32. OCEAN AND COASTAL CONSERVATION.

‘‘(a) FUNDING.—Amounts transferred to the Secretary of Commerce under section

2(b)(2) of the Conservation and Reinvestment Act in a fiscal year shall be available

for obligation and expenditure for the purpose of this section, without further appropriation and without fiscal year limitation.

‘‘(b) ALLOCATION OF FUNDS.—Notwithstanding section 9, the Secretary of Commerce shall allocate amounts available under this section as follows:

‘‘(1) for uses identified in subsection (c), $250,000,000; and

‘‘(2) for uses identified in subsection (d), $100,000,000.

‘‘(c) COASTAL STEWARDSHIP.—

‘‘(1) ALLOCATION TO COASTAL STATES.—The Secretary of Commerce shall allocate among all Coastal States with an approved Statewide Coastal Conservation

Plan, the amounts available under subsection (b)(1) as follows:

‘‘(A) 25 percent shall be allocated based on the ration of the Coastal

State’s coastal population to the coastal population of all Coastal States;

‘‘(B) 25 percent shall be allocated based on the ratio of the Coastal State’s

coastline miles to the coastline miles of all Coastal States; and

‘‘(C) 50 percent shall be equally divided among all Coastal States.

‘‘(2) FAILURE TO HAVE PLAN APPROVED.—Any amount allocated to a Coastal

State but not disbursed because of a failure to have an approved Statewide

Coastal Conservation Plan under this subsection shall be allocated among all

other Coastal States in a manner consistent with paragraph (1), except that the
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Secretary of Commerce shall hold in escrow such amount until the final resolution of any appeal regarding the disapproval of a plan submitted under this subsection. The Secretary of Commerce may waive the provisions of this paragraph

and hold a Coastal State’s allocable share in escrow if the Secretary of Commerce determines that such State is making a good faith effort to develop and

submit, or update, a Statewide Coastal Conservation Plan.

‘‘(3) DEVELOPMENT AND SUBMISSION OF STATE PLANS.—(A) The Governor of

each Coastal State shall prepare, and submit to the Secretary of Commerce, a

Statewide Coastal Conservation Plan. The Governor shall solicit local input and

shall provide for public participation in the development of the Plan. The Plan

shall be submitted to the Secretary of Commerce by July 1, 2001, and updated

at least once every 5 years thereafter. Each Plan shall consider ways to use

amounts received under this subsection to assist local governments, non-profit

organizations, or public institutions with activities or programs consistent with

this subsection. Amounts received by Coastal States may be used only for the

purposes specified in the Statewide Coastal Conservation Plan.

‘‘(B) APPROVAL.—The Secretary of Commerce shall approve a Statewide

Coastal Conservation Plan under subparagraph (A) prior to disbursement of

amounts under this section. The Secretary of Commerce shall approve the Plan

if the Secretary of Commerce determines that the Plan is consistent with the

uses set forth in paragraph (4) and if the Plan contains each of the following:

‘‘(i) The name of the State agency that will have the authority to represent and act for the State in dealing with the Secretary of Commerce for

purposes of this subsection;

‘‘(ii) A program for the implementation of the Plan which describes how

amounts will be used to protect and manage the State’s coastal, estuarine,

and marine resources in accordance with the requirements of this subsection;

‘‘(iii) Certification by the Governor that ample opportunity has been accorded for public participation in the development and revision of the Plan;

and

‘‘(iv) Measures for taking into account other relevant Federal resources

and programs.

‘‘(C) PROCEDURE.—The Secretary shall approve or disapprove each plan or

amendment within 90 days of its submission.

‘‘(D) AMENDMENT.—Any amendment to the plan shall be prepared in accordance with the requirements of this paragraph and shall be submitted to the Secretary of Commerce for approval or disapproval.

‘‘(4) AUTHORIZED USES.—Coastal States shall use amounts provided under this

subsection in compliance with Federal and State law and only for one or more

of the following purposes—

‘‘(A) activities which support and are consistent with the Coastal Zone

Management Act, including National Estuarine Research Reserve programs, the National Marine Sanctuaries Act, the Magnuson-Stevens Fishery Conservation and Management Act, or the National Estuaries program;

‘‘(B) conservation, restoration, enhancement or protection of coastal or

marine habitats including wetlands, estuaries, coastal barrier islands,

coastal fishery resources and coral reefs, including projects to remove abandoned vessels or marine debris that may adversely affect coastal habitats;

‘‘(C) protection, restoration and enhancement of coastal water quality consistent with the provisions of the Coastal Zone Management Act (16 U.S.C.

1451 et seq.), including the reduction or monitoring of coastal polluted runoff or other coastal contaminants;

‘‘(D) addressing watershed protection or other coastal or marine conservation needs which cross jurisdictional boundaries;

‘‘(E) assessment, research, mapping and monitoring of coastal or marine

resources and habitats, including, where appropriate, the establishment

and monitoring of marine protected areas;

‘‘(F) addressing coastal conservation needs associated with seasonal or

otherwise transient fluctuations in coastal populations;

‘‘(G) protection and restoration of natural coastline protective features, including control of coastline erosion;

‘‘(H) identification, prevention and control of invasive exotic and harmful

non-indigenous species;

‘‘(I) assistance a local communities to assess, plan for and manage the impacts of growth and development on coastal or marine habitats and natural

resources, including coastal community fishery assistance programs that

encourage participation in sustainable fisheries; and
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‘‘(J) projects that promote research, education, training and advisory services in fields related to coastal and Great Lakes living marine resource use

and management.

‘‘(5) COMPLIACE WITH AUTHORIZED USES.—If the Secretary determines that

any expenditure made by a Coastal State is not consistent with the uses authorized in paragraph (4), the Secretary shall not disburse any further amounts

under this subsection to that Coastal State until the amounts used for such expenditure have been repaid or obligated for authorized uses.

‘‘(d) COOPERATIVE FISHERIES ENFORCEMENT AND RESEARCH AND MANAGEMENT.—

The amounts made available under subsection (b)(2) shall be allocated by the Secretary of Commerce for the following purposes, with not less than 25 percent used

for Cooperative Enforcement Agreements under paragraphs (2):

‘‘(1) TECHNICAL AND ADMINISTRATIVE EXPENSES.—Up to five percent of such

amounts may be used by the Secretary of Commence to provide technical assistance to a State and cover administrative costs associated with this subsection.

‘‘(2) COOPERATIVE ENFORCEMENT USES.—(A) The Governor of Hawaii, a territory, or a State represented on an Interstate Marine Fisheries Commission may

apply to the Secretary of Commerce for execution of a cooperative enforcement

agreement with the Secretary of Commerce. Cooperative agreements between

the Secretary of Commerce and such States shall authorize the deputization of

State law enforcement officers with marine law enforcement responsibilities to

perform duties of the Secretary of Commerce relating to any law enforcement

provision of any marine resources laws enforced by the Secretary of Commerce.

Such cooperative enforcement agreements shall be consistent with the purposes

and intent of section 311(a) of the Magnuson-Stevens Fishery Conservation and

Management Act (16 U.S.C. 1861(a)), to the extent applicable to the regulated

activities.

‘‘(B) Upon receiving an application meeting the requirements of this subsection, the Secretary of Commerce shall enter into the cooperative enforcement

agreement with the requesting State. The Secretary of Commerce shall include

in each cooperative enforcement agreement an allocation of funds to assist in

management of the agreement. The allocation shall be distributed among all

States participating in cooperative enforcement agreements under this paragraph based upon consideration of the specific marine conservation enforcement

needs of each participating State.

‘‘(3) COOPERATIVE RESEARCH AND MANAGEMENT USES.—(A) The Governor of

Hawaii, a territory, or any State represented on an Interstate Marine Fisheries

Commission may apply to the Secretary of Commerce for the execution of a research and management agreement, on a sole source basis for the purpose of

undertaking eligible projects required for the effective management of living

marine resources of the United States. Upon determining that the application

meets the requirements of this subsection, the Secretary of Commerce shall

enter into such agreement.

‘‘(B) The Secretary of Commerce shall allocate to States participating in a research and management agreement under this subsection funds to assist in implementing the agreement.

‘‘(C) For purposes of this subsection, eligible projects are those which address

critical needs identified in fishery management reports or plans developed and

approved by a State, Marine Fisheries Commission, Regional, Fishery. Management Council, or other regional or tribal entity, charged with management and

conservation of living marine resources, and that pertain to—

‘‘(i) the collection and analysis of fishery data and information, including

data on landings, fishing effort, biology, habitat, economics and social

changes, including those information needs identified pursuant to section

401 of the Magnuson-Stevens Fishery Conservation and Management Act

(16 U.S.C. 1881); or

‘‘(ii) the development of measures to promote innovative or cooperative

management of fisheries.

‘‘(D) In making funds available under this paragraph, the Secretary of Commerce shall give priority to eligible projects that meet the following criteria:

‘‘(i) establishment of observer programs;

‘‘(ii) cooperative research projects developed among States, academic institutions, and the fishing industry, to obtain data or other information necessary to meet national or regional management priorities;

‘‘(iii) projects to reduce harvesting capacity performed in a manner consistent with section 312(b) of the Magnuson-Stevens Fishery and Conservation Act (16 U.S.C. 1862(b));
9

‘‘(iv) projects designed to identify ecosystem impacts of fishing, including

the relationship between fishing harvest and marine mammal population

abundance;

‘‘(v) projects to develop sustainable experimental fisheries and fishery

harvest techniques and fishing gear that provide conservation benefits, including reduction of fishing bycatch;

‘‘(vi) projects to develop sustainable aquaculture; or

‘‘(vii) projects for the identification, conservation, restoration or enhancement of coastal fishery resources and habitats.

‘‘(4) COMMERCE PROCEDURES.—Within 90 days after the enactment of the

Conservation and Reinvestment Act, the Secretary of Commerce shall adopt

procedures necessary to implement this subsection.

‘‘(5) CONGRESSIONAL APPROVAL.—The President shall include in, as part of the

annual budget proposal, a priority list of allocations to Coastal States under

this subsection. Amounts shall be made available under section 2(b)(2) of the

Conservation and Reinvestment Act 15 days after the sin die adjournment of

the Congress each year, without further appropriation, for the projects identified on the priority list, unless prior to such date, legislation is enacted establishing a different priority list. If congress enacts legislation establishing an alternate priority list, and such priority list funds less than the annual authorized

funding amount identified in this subsection, the difference between the authorized funding amount and the alternate priority list shall be available for expenditure, without further appropriation, in accordance with the priority list

submitted by the President.’’.

SEC. 104. CORAL REEF PROTECTION.

(a) FUNDING.—Amounts transferred to the Secretaries of Interior and Commerce

under section 2(b)(3) of the Conservation and Reinvestment Act in a fiscal year shall

be available for obligation and expenditure for the purposes of this section, without

further appropriation and without fiscal year limitation.

(b) CORAL REEF.—As used in this section, the term ‘‘coral reef’’ means species (including reef plants and coralline algae), habitats, and other natural resources associated with any reefs or shoals composed primarily of corals within all maritime areas

and zones subject to the jurisdiction of the United States, including in the Atlantic

Ocean, Caribbean Sea, Gulf of Mexico, and Pacific Ocean or subject to the jurisdiction of the Republic of the Marshall Islands, the Federated States of Micronesia, or

the Republic of Palau as long as such entity is in free association with the United

States.

(c) ALLOCATION OF FUNDS.—Amounts under this section shall be allocated as follows:

(1) $12,500,000 shall be made available to the Secretary of Commerce; and

(2) $12,500,000 shall be made available to the Secretary of the Interior; to be

administered in accordance with this section.

(d) USES.—The Secretary of Commerce and the Secretary of the Interior shall use

amounts provided under this section for activities that contribute to or result in preserving, sustaining or enhancing the health, diversity or viability of coral reef ecosystems. No amounts provided under this section shall be used for the acquisition

of lands or interests in lands. In determining how to allocate amounts under this

section, the Secretaries shall give priority to those areas of most critical environmental need. Uses may include:

(1) actions to enhance or improve resource management of coral reefs, such

as assessment, scientific research, protection, restoration and mapping;

(2) habitat monitoring and species surveys and monitoring;

(3) activities necessary for planning and development of strategies for coral

reef management;

(4) community outreach and education on coral reef importance and conservation;

(5) activities in support of the enforcement of laws relating to coral reefs; and

(6) grants of financial assistance for the uses authorized in this subsection to

natural resource management authorities of States or territories of the Untied

States, the Republic of the Marshall Islands, the Federated States of Micronesia, the Republic of Palau, or other government authorities with jurisdiction

over coral reefs or whose activities affect coral reefs, or educational or non-governmental organizations with demonstrated expertise in marine science or the

conservation of coral reefs.

(e) CONSULTATION.—In developing guidelines and requirements to implement this

section, the Secretary of Commerce and the Secretary of the Interior shall consult

with the Coral Reef Task Force established under Executive Order 13089 (June 11,

1998), States and territories, the Republic of the Marshall Islands, the Federated
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States of Micronesia, the Republic of Palau, regional and local entities, and non-governmental organizations involved in coral and marine conservation.

(f) CONGRESSIONAL APPROVAL.—The President shall transmit, as part of the annual budget proposal, a priority list for all allocations under this section. Amounts

shall be made available under section 2(b)(3) of the Conservation and Reinvestment

Act 15 days after the sine die adjournment of the Congress each year, without further appropriation, for the projects identified on the priority list, unless, prior to

such date, legislation is enacted establishing a different priority list. If Congress enacts legislation establishing an alternate priority list, and such priority list funds

less than the annual authorized funding amount identified in this section, the difference between the authorized funding and the alternate priority list shall be available for expenditure, without further appropriation, in accordance with the priority

list submitted by the Secretary of the Interior and Secretary of Commerce.

TITLE II—LAND AND WATER CONSERVATION FUND

SEC. 201. SHORT TITLE.

This title may be cited as the ‘‘Land and Water Conservation Fund Act Amendments of 2000’’.

SEC. 202. LAND AND WATER CONSERVATION FUND AMENDMENTS.

(a) AMOUNTS TRANSFERRED FROM CONSERVATION AND REINVESTMENT ACT

FUND.—Section 2(c) of the Land and Water Conservation Fund Act of 1965 (16

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

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

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

to the fund under section 2(b)(4) of the Conservation and Reinvestment Act. Such

amounts shall only be used to carry out the purposes of this Act.’’.

(b) ANNUAL FUNDING AUTHORITY.—Section 3 of the Land and Water Conservation

Fund Act of 1965 (16 U.S.C. 460l–6) is amended to read as follows:

‘‘Of amounts in the fund, $900,000,000 shall be available each fiscal year for obligation and expenditure in accordance with section 5 of this Act, without further appropriation and without fiscal year limitation. Other moneys in the fund shall be

available for expenditure only when appropriated therefor. Such appropriations may

be made without fiscal year limitation.’’.

(c) ALLOCATION OF FUNDS.—Section 5 of the Land and Water Conservation Fund

Act of 1965 (16 U.S.C. 460l–7) is amended to read as follows:

‘‘Of the amounts made available each fiscal year, fifty percent of the funds shall

be used for Federal land acquisition purposes as provided in section 7 of this Act

and fifty percent shall be used for financial assistance to States as provided in section 6 of this Act.’’.

SEC. 203. ALLOCATION OF AMOUNTS FOR STATE PURPOSES.

(a) FACILITY REHABILITATION.—Section 6(a) of the Land and Water Conservation

Fund Act of 1965 (16 U.S.C. 460l–8(b)) is amended by deleting ‘‘(3) development.’’

and inserting ‘‘(3) development, including facility rehabilitation.’’.

(b) STATE FUNDING ALLOCATIONS.—Section 6(b) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l–8(b)) is amended to read as follows:

‘‘(b) APPORTIONMENT AMONG STATES.—(1) Not more than 4 percent of the amounts

made available for financial assistance to States each fiscal year may be deducted

by the Secretary for expenses in the administration of this section. Such amount is

authorized to be made available therefor until the expiration of the next succeeding

fiscal year. Within 60 days after the close of such fiscal year, the Secretary shall

apportion any unexpended amounts, in a manner consistent with this subsection.

‘‘(2) The Secretary, after making the deduction under paragraph (1), shall apportion the remaining amounts as follows:

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

‘‘(B) Forty percent shall be apportioned on the basis of the ratio which the

population of each State bears to the total population of the United States.

‘‘(3) The total apportionment to an individual State under paragraph (2) shall not

exceed 10 percent of the total amount made available for financial assistance to the

States in any one year.

‘‘(4) The Secretary shall notify each State of its apportionment, and the amount

thereof shall be available thereafter to such State for planning, acquisition, or development projects as hereafter described. Any amount of any apportionment that has

not been paid or obligated by the Secretary during the fiscal year in which such notification is given and for two fiscal years thereafter shall be reapportioned by the

Secretary in accordance with paragraph (2).

‘‘(5)(A) For the purposes of paragraph (2)—
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‘‘(i) the District of Columbia shall be treated as a State; and

‘‘(ii) Puerto Rico, the Virgin Islands, Guam, American Samoa and the Commonwealth of the Northern Mariana Islands shall be treated collectively as one

State and shall receive shares of such apportionment in proportion to their populations.

‘‘(B) Each of the areas referred to in subparagraph (A) shall be treated as a State

for all other purposes of this Act.

‘‘(6)(A) For the purposes of paragraph (2) of this subsection, all Federally recognized Indian tribes or, in the case of Alaska, Native Corporations (as defined in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602)) shall be treated

collectively as one State and be eligible to receive shares of apportionment in accordance with a competitive grant program established by the Secretary.

‘‘(B) No single tribe or Alaska Native Corporation shall receive more than 10 percent of the total amount made available under this paragraph.

‘‘(C) Funds received by a tribe or Alaska Native Corporation under this paragraph

may be expended only for the purposes specified in paragraphs (1) and (3) of subsection (a).

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

State under paragraphs (5) and (6) of this subsection) shall make at least 25 percent

of its annual apportionment available as grants to local governments within such

State.’’.

SEC. 204. STATE PLANNING.

(a) STATE ACTION AGENDA.—

(1)IN GENERAL.—Section 6(d) of the Land and Water Conservation Fund Act

of 1965 (16 U.S.C. 460l-8(d)) is amended to read as follows:

‘‘(d) STATE ACTION AGENDA.—

‘‘(1) A state Action Agenda for Community Recreation and Conservation (in

this Act referred to as the ‘‘State Action Agenda’’) shall be required prior to the

consideration by the Secretary of financial assistance under this section. The

State Action Agenda shall be adequate if, in the judgment of the Secretary, it

encompasses and will promote the purposes of this Act.

‘‘(2) Each State, in partnership with its local governments and Federal agencies, shall develop a State Action Agenda within 5 years after the date of enactment of the Conservation and Reinvestment Act. Each State may define its own

priorities and criteria for selection of outdoor recreation and conservation acquisition and development projects eligible for grants under this Act so long as it

provides for public involvement in this process. The State Action Agenda shall

be strategic, originating in broad-based and long-term needs, but focused on actions that can be funded over the next 5 years. A State Action Agenda must

be updated at least once every 5 years.

‘‘(3) The State Action Agenda shall contain:

‘‘(A) the name of the State agency that will have authority to represent

and act for the State in dealing with the Secretary for the purposes of this

Act;

‘‘(B) the priorities and criteria for selection of outdoor recreation and conservation acquisition and development projects; and

‘‘(C) certification by the Governor that the agenda’s conclusions and proposed actions reflect an ample opportunity for public participation.

‘‘(4) State Action Agendas shall take into account all providers of recreation

and conservation lands within each State, including Federal, regional, and local

government resources, and shall be correlated whenever possible with other

State, regional, and local plans for parks, recreation, open space, and wetlands

conservation. Recovery action programs developed by urban localities under section 1007 of the Urban Park and Recreation Recovery Act of 1978 (16 U.S.C.

2506) shall be used by a State as a guide to the conclusions, priorities, and action schedules contained in State Action Agenda. Each State shall assure that

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

schedules of recovery action programs to meet such requirements.’’.

(2) EXISTING STATE PLANS.—Comprehensive State Plans developed by any

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

before the date of enactment of this Act shall remain in effect in that State

until a State Action Agenda has been adopted pursuant to the amendment

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

Act.
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(b) CONFORMING AMENDMENTS.—(1) Section 6(e) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l–8(e)) is amended—

(A) in the first sentence by striking ‘‘State comprehensive plan’’ and inserting

‘‘State Action Agenda’’; and

(B) in paragraph (1) by striking ‘‘comprehensive plan’’ and inserting ‘‘State

Action Agenda.’’

(2) Reference to a ‘‘State comprehensive plan’’ (within the meaning of the Land

and Water Conservation Act of 1965) in any law shall be deemed to be to the State

Action Agenda established by this section.

SEC. 205. ASSISTANTCE TO STATES FOR OTHER PROJECTS.

Section 6(e) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C.

460l–8(e)) is further amended—

(1) in subsection (e)(1) by shrinking ‘‘, but not including incidental costs relating to acquisition’’; and

(2) in subsection (e)(2) by striking ‘‘facilities’’ the first place it appears and

inserting ‘‘facilities, or to enhance public safety within a designated park or

recreation area’’.

SEC. 206. CONVERSION OF PROPERTY TO OTHER USE.

Section 6(f)(3) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C.

460l–8(f)(3)) is amended—

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

(2) by striking the second sentence (including the proviso) and inserting the

following:

‘‘(B) With the exception of those properties that are no longer viable as

an outdoor recreation and conservation facility due to changes in demographics or which must be abandoned because of environmental contamination or other condition that endangers public health and safety, the Secretary shall approve such conversion only if the State demonstrates no prudent or feasible alternative exists. Any conversion must satisfy such conditions as the Secretary deems necessary to assure the substitution of other

recreation and conservation properties of at least equal fair market value

and reasonably equivalent usefulness and location and which are consistent

with the existing State Action Agenda.’’.

SEC. 207. FEDERAL LAND ACQUISITION.

(a) FEDERAL LAND ACQUISITION PROJECTS.—Section 7(a) of the Land and Water

Conservation Fund Act of 1965 (16 U.S.C. 460l–9(a)) is amended—

(1) by striking ‘‘Moneys appropriated’’ and all that follows through ‘‘subpurposes:’’ and inserting the following:

‘‘(1)(A) The President shall transmit, as part of the annual budget proposal,

a priority list for Federal land acquisition projects that fully allocates the

amount made available for Federal land acquisition projects for that fiscal year.

The President shall require the Secretary of the Interior and the Secretary of

Agriculture to develop priority lists for projects under each Secretary’s jurisdiction. The Secretaries shall prepare the lists in consultation with the head of

each affected bureau or agency, taking into account the best professional judgment regarding the land acquisition priorities and policies of each bureau or

agency. In preparing the lists, the Secretaries shall consider whether land exchanges, consolidation of Federal land ownership within a State, or the acquisition of conservation easements can be used with respect to proposed acquisitions. The Secretaries also shall consult with the Governors of the States and

shall carefully consider any recommendations made by the Governor for any

land acquisition within the State and any concerns on the acquisition of individual parcels.

‘‘(B) The President shall also transmit the priority list to the Committee on

Resources of the House of Representatives and the Committee on Energy and

Natural Resources of the Senate together with a list of all expenditures made

during the prior fiscal year and the specific statutory authorization for each proposed land acquisition on the priority list and not later than May 1 of each year

shall transmit to the Committee on Appropriations of the Senate a priority list

for land acquisitions for the next fiscal year for lands that have been specifically

authorized for acquisition by statute.

‘‘(2) Amounts made available from the fund for Federal land acquisition

projects shall be used for the following purposes and subpurposes:’’ and

(2) by redesignating paragraphs (1), (2), and (3) as subparagraphs (A), (B),

and (C) respectively.

(b) Section 7(b) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C.

460l–9(b)) is amended to read as follows:
13

‘‘(b) ACQUISITION RESTRICTIONS.—(1) LIMITATION ON EXPENDITURE.—No money

shall be obligated or expended for Federal land acquisition purposes under this section unless approved in an Act making appropriations.

‘‘(2) AUTHORIZATION REQUIREMENT.—Appropriations from the funds pursuant to

this section shall not be used for acquisition unless such acquisition is otherwise authorized by law: Provided, however, That appropriations from the fund may be used

for preacquisition work in instances where authorization is imminent and where

substantial monetary savings could be realized.

‘‘(3) WILLING SELLER.—Amounts made available for Federal land acquisition purposes under this section shall not be used to acquire property unless—

‘‘(A) the owner of the property is willing to sell; or

‘‘(B) the acquisition is authorized by law and is conducted in accordance

therewith.’’.

TITLE III—WILDLIFE CONSERVATION AND RESTORATION

SEC. 301. DEFINITIONS.

(a) REFERENCE TO LAW.—The term ‘‘Federal Aid in Wildlife Restoration Act’’

means the Act of September 2, 1937 (16 U.S.C. 669 et seq.), commonly referred to

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

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

U.S.C. 669a) is amended to read as follows:

‘‘SEC. 2. DEFINITIONS.

‘‘As used in this Act—

‘‘(1) the term ‘conservation’ means the use of methods and procedures necessary or desirable to sustain healthy populations of wildlife, including all activities associated with scientific resources management such as research, census, monitoring of populations, acquisition, improvement and management of

habitat, live trapping and transplantation, wildlife damage management, and

periodic or total protection of a species or population, as well as the taking of

individuals within wildlife stock or population if permitted by applicable State

and Federal law;

‘‘(2) the term ‘Secretary’ means the Secretary of the Interior,

‘‘(3) the term ‘State fish and game department’ or ‘State fish and wildlife department’ means any department or division of department of another name,

or commission, or official or officials, of a State empowered under its laws to

exercise the functions ordinarily exercised by a State fish and game department

or State fish and wildlife department.

‘‘(4) the term ‘wildlife’ means any species of wild, free-ranging fauna including

fish, and also fauna in captive breeding programs the object of which is to reintroduce individuals of a depleted indigenous species into previously occupied

range;

‘‘(5) the term ‘wildlife-associated recreation’ means projects intended to meet

the demand for outdoor activities associated with wildlife including, but not limited to, hunting and fishing, wildlife observation and photography, such projects

as construction or restoration of wildlife viewing areas, observation towers,

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

for such projects;

‘‘(6) the term ‘wildlife conservation and restoration program’ means a program

developed by a State fish and wildlife department and approved by the Secretary under section 304(d), the projects that constitute such a program, which

may be implemented in whole or part through grants and contracts by a State

to other State, Federal, or local agencies (including those that gather, evaluate,

and disseminate information on wildlife and their habitats), wildlife conservation organizations, and outdoor recreation and conservation education entities

from funds apportioned under this title, and maintenance of such projects;

‘‘(7) the term ‘wildlife conservation education’ means projects, including public

outreach, intended to foster responsible natural resource stewardship; and

‘‘(8) the term ‘wildlife-restoration project’ includes the wildlife conservation

and restoration program and means the selection, restoration, rehabilitation,

and improvement of areas of land or water adaptable as feeding, resting, or

breeding places for wildlife, including acquisition of such areas or estates or interests therein as are suitable or capable of being made suitable therefor, and

the construction thereon or therein of such works as may be necessary to make

them available for such purposes and also including such research into problems of wildlife management as may be necessary to efficient administration affecting wildlife resources, and such preliminary or incidental costs and expenses

as may be incurred in and about such projects.’’
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SEC. 302. WILDLIFE CONSERVATION AND RESTORATION ACCOUNT.

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

amended—

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

the following:

‘‘(2) There is established in the fund a subaccount to be known as the ‘‘Wildlife

Conservation and Restoration Account’’. Amounts transferred to the Secretary under

section 2(b)(5) of the Conservation and Reinvestment Act shall be deposited in the

subaccount and shall be available without further appropriation for obligation and

expenditure, in each fiscal year, for apportionment in accordance with this Act to

carry out State wildlife conservation and restoration programs.’’; and

(2) by adding at the end the following—

‘‘(c)(1) Amounts transferred to the Wildlife Conservation and Restoration Account

shall supplement, but not replace, existing funds available to the States from the

sport fish restoration account and wildlife restoration account and shall be used for

the development, revision, and implementation of wildlife conservation and restoration programs and should be used to address the unmet needs for a diverse array

of wildlife and associated habitats, including species not hunted or fished.

‘‘(2) Funds may be used by a State or an Indian tribe for the planning and implementation of its wildlife conservation and restoration program and wildlife conservation strategy, as provided in section 4(d) and (e) of this Act, including wildlife conservation, wildlife conservation education, and wildlife-associated recreation

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

‘‘(3) Priority for funding from the Wildlife Conservation and Restoration Account

shall be for those species with the greatest conservation need.

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

amounts transferred to the Wildlife Conservation and Restoration Account from the

Conservation and Reinvestment Act Fund, so much of such amounts apportioned to

any State for any fiscal year as remains unexpended at the close thereof shall remain available for obligation in that State until the close of the second succeeding

fiscal year.’’.

SEC. 303. STATE APPORTIONMENTS.

Section 4 of the Federal Aid in Wildlife Restoration Act (16 U.S.C. 669c) is amended by adding the following—

‘‘(c) APPORTIONMENT OF WILDLIFE CONSERVATION AND RESTORATION ACCOUNT.—

(1) Notwithstanding subsection (a), the Secretary may use not more than 2 percent

of the revenues deposited into the Wildlife Conservation and Restoration Account

in each fiscal year as necessary for expenses in the administration and execution

of programs carried out under the Wildlife Conservation and Restoration Account

and such amount shall be available therefor until the expiration of the next succeeding fiscal year. Within 60 days after the close of such fiscal year, the Secretary

shall apportion any portion thereof as remains unexpended, if any, on the same

basis and in the same manner as is provided under paragraphs (2) and (3).

‘‘(2) The Secretary, after deducting administrative expenses shall make the following apportionment from the Wildlife Conservation and Restoration Account:

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

each a sum equal to not more than one-half of 21 percent thereof;

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

of the Northern Mariana Islands, each a sum equal to not more than one-fourth

of 1 percent thereof; and

‘‘(C) to Federally recognized Indian tribes, a sum equal to not more than 2

and 1⁄4 percent, one-third of which shall be allocated among the various tribes

based on the ratio to which the trust land area of such tribe bears to the total

trust land area of all such tribes and two-thirds of which hall be allocated based

on the ration to which the population of such tribe bears to the total population

of all such tribes; except that no Indian tribe shall receive more than 5 percent

per annum of the total annual amount made available to Indian tribes under

this subsection.

‘‘(3) The Secretary shall apportion the remaining amount in the Wildlife Conservation and Restoration Account for each year among the States in the following

manner:

‘‘(A) one-third of which is based on the ratio to which the land area of such

State bears to the total land area of all such States; and

‘‘(B) two-thirds of which is based on the ratio to which the population of such

State bears to the total population of all such States.

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

so that no State shall be apportioned a sum which is less than 1 percent of the
15

amount available for apportionment under this paragraph for any fiscal year or

more than 5 percent of such amount.

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

apply to the Secretary for approval of a wildlife conservation and restoration program or for funds from the Wildlife Conservation and Restoration Account to develop a program which shall—

‘‘(A) contain provision for vesting in the State fish and wildlife department

overall responsibility and accountability for development and implementation of

the program; and

‘‘(B) contain provision for development and implementation of—

‘‘(i) wildlife conservation projects that expand and support existing wildlife programs to meet the needs of a diverse array of wildlife species, including a wildlife strategy as set forth in subsection (e),

‘‘(ii) wildlife associated recreation programs,

‘‘(iii) wildlife conservation education projects; and

‘‘(C) contain provisions for public participation in the development, revision,

and implementation of projects and programs identified in subparagraph (B) of

this subsection.

‘‘(2) If the Secretary finds that the wildlife conservation and restoration program

submitted by a State complies with paragraph (1), the Secretary shall approve the

program and shall set aside from the apportionment to the State made pursuant

to subsection (c) an amount that shall not exceed 75 percent of the estimated cost

of developing and implementing the program.

‘‘(3)(A) Except as provided in subparagraphs (B) and (C), after the Secretary approves a State’s wildlife conservation and restoration program, the Secretary may

make payments on a project that is a segment of the State’s wildlife conservation

and restoration program as the project progresses. Such payments, including previous payments on the project, if any, shall not be more than the pro rata share

of the United States for such project. The Secretary, under such regulations as he

may prescribe, may advance funds representing the United States pro rata share

of a project that is a segment of a wildlife conservation and restoration program,

including funds to develop such program.

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

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

for wildlife-associated recreation.

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

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

for law enforcement.

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

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

Samoa, and the Commonwealth of the Northern Mariana Islands and any of the

Federally recognized Indian tribes with a wildlife conservation and restoration program.

‘‘(e) WILDLIFE CONSERVATION STRATEGY.—Any State that receives an apportionment pursuant to subsection (c) shall, within five years of the date of the initial apportionment, develop and begin implementation of a wildlife conservation strategy

based upon the best scientific information and data available that—

‘‘(1) integrates available information on the distribution and abundance of

species of wildlife, including low population and declining species as the State

fish and wildlife department deems appropriate, that exemplify and are indicative of the diversity and health of a wildlife of the State;

‘‘(2) identifies the extent and condition of habitats and community types essential to conservation of species identified under paragraph (1);

‘‘(3) identifies the problems which may adversely affect the species identified

under paragraph (1) and their habitats, and provides for research and surveys

to identify factors which may assist in restoration and more effective conservation of such species and their habitats;

‘‘(4) determines those actions which should be taken to conserve the species

identified under paragraph (1) and their habitats and establishes priorities for

implementing such conservation actions;

‘‘(5) provides for periodic monitoring of species identified under paragraph (1)

and their habitats and the effectiveness of the conservation actions determined

under paragraph (4), and for adapting conservation actions as appropriate to respond to new information or changing conditions;

‘‘(6) provides for the review of the State wildlife conservation strategy and,

if appropriate, revision at intervals of not more than ten years;

‘‘(7) provides for coordination by the State fish and wildlife department, during the development, implementation, review, and revision of the wildlife conservation strategy, with Federal, State, and local agencies and Indian tribes
16

that manage significant areas of land or water within the States, or administer

programs that significantly affect the conservation of species identified under

paragraph (1) or their habitats.’’

TITLE IV—URBAN PARK PROGRAM

SEC. 401. TREATMENT OF AMOUNTS TRANSFERRED FROM THE CONSERVATION AND REINVESTMENT ACT FUND.

Section 1013 of the Urban Park and Recreation Recovery Act (16 U.S.C. 2512) is

amended to read as follows:

‘‘TREATMENT OF AMOUNTS TRANSFERRED FROM CONSERVATION AND REINVESTMENT

ACT FUND

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

under section 2(B)(6) of the Conservation and Reinvestment Act in a fiscal year

shall be available for obligation and expenditure for the purpose of this section,

without further appropriation and without fiscal year limitation. Any amounts that

have not been paid or obligated by the Secretary before the end of the second fiscal

year beginning after the first fiscal year in which the amount is available shall be

reapportioned by the Secretary among grantees under this title.

‘‘(b) ADMINISTRATIVE EXPENSES.—Not more than four percent of the amounts

made available under this section in each fiscal year, may be deducted by the Secretary for expenses in the administration and execution of this Act.

‘‘(c) LIMITATIONS ON ANNUAL GRANTS.—After making the deduction under subsection (b), of the amounts available in a fiscal year under subsection (a)—

‘‘(1) not more than 3 percent may be used for grants for the development of

local park and recreation recovery action programs pursuant to sections 1007(a)

and 1007(c);

‘‘(2) not more than 10 percent may be used for innovation grants pursuant

to section 1006; and

‘‘(3) not more than 15 percent may be provided as grants (in the aggregate)

for projects in any one State.

‘‘(d) LIMITATION ON USE FOR GRANT ADMINISTRATION.—The Secretary shall establish a limit on the portion of any grant under this title, not to exceed 25 percent

that may be used for grant and program administration.’’.

SEC. 402. AUTHORITY TO DEVELOP NEW AREAS AND FACILITIES.

Section 1003 of the Urban Park and Recreation Recovery Act (16 U.S.C. 2502) is

amended by inserting ‘‘development of new recreation areas and facilities, including

the acquisition of lands for such development,’’ after ‘‘rehabilitation of critically

needed recreation areas, facilities.’’.

SEC. 403. DEFINITIONS.

Section 1004 of the Urban Park and Recreation Recovery Act (16 U.S.C. 2503) is

amended to read as follows:

(1) In paragraph (j), by striking ‘‘and’’ after the semicolon.

(2) In paragraph (k), by adding ‘‘Commonwealth of’’ after ‘‘and’’ and before

‘‘the’’ and by striking the period at the end and inserting a semicolon.

(3) By adding at the end the following:

‘‘(l) ‘development grants’ means matching capital grants to units of local government to cover costs of development and construction on existing or new neighborhood recreation site, including indoor and outdoor recreational areas and facilities,

support facilities, and landscaping but excluding routine maintenance and upkeep

activities; and

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

SEC. 404. ELIGIBILITY.

Section 1005(a) of the Urban Park and Recreation Recovery Act (16 U.S.C.

2504(a)) is amended to read as follows:

‘‘(a) Eligibility of general purpose local governments to compete for assistance

under this title shall be based upon need as determined by the Secretary and shall

include, but not be limited to, the following:

‘‘(1) All political subdivisions included in Metropolitan, Primary, or Consolidated Statistical Areas, as determined by the most recent Census.

‘‘(2) Any other city, town, or group of cities or towns (or both) within such a

Metropolitan Statistical Area, that has a total population of 50,000 or more as

determined by the most recent Census.

‘‘(3) Any other county, parish, or township with a total population of 250,000

or more as determined by the most recent Census.’’.
17

SEC. 405. GRANTS.

Section 1006(a) of the Urban Park and Recreation Recovery Act (16 U.S.C.

2505(a)) is amended as follows:

(1) by striking in the first sentence ‘‘rehabilitation and innovation’’,

(2) by striking in paragraph (1) ‘‘rehabilitation and innovation’’, and

(3) by striking in paragraph (2) ‘‘rehabilitation and innovative’’.

SEC. 406. RECOVERY ACTION PROGRAMS.

Section 1007(a) of the Urban Park and Recreation Recovery Act (16 U.S.C.

2506(a)) is amended—

(1) in the first sentence, by inserting ‘‘development,’’ after ‘‘commitments to

ongoing planning,’’; and

(2) in paragraph (2), by inserting ‘‘development and’’ after ‘‘adequate planning

for’’.

SEC. 407. STATE ACTION INCENTIVES.

Section 1008 of the Urban park and Recreation Recovery Act (16 U.S.C. 2507) is

amended—

(1) by inserting ‘‘(a) IN GENERAL.—’’ before the first sentence; and

(2) by striking the last sentence of subsection (a) (as designated by paragraph

(1) of this section) and inserting the following:

‘‘(b) COORDINATION WITH LAND AND WATER CONSERVATION FUND ACTIVITIES.—(1)

The Secretary and general purpose local governments are encouraged to coordinate

preparation of recovery action programs required by this title with State Plans or

State Action Agendas required under section 6 of the Land and Water Conservation

Fund Act of 1965 (16 U.S.C. 460l–8), including the allowance or flexibility in preparation of recovery action programs so they may be used to meet State and local

qualifications for local receipt of Land and Water Conservation Fund grants or State

grants for similar purposes or for other recreation or conservation purposes.

‘‘(2) The Secretary shall encourage States to consider the findings, priorities, strategies, and schedules included in the recovery action programs of their urban localities in preparation and updating of State plans in accordance with the public coordination and citizen consultation requirements of section 6(d) of the Land and

Water Conservation Fund Act of 1965 (16 U.S.C. 460l–8(d)).’’.

SEC. 408. CONVERSION OF RECREATION PROPERTY.

Section 1010 of the Urban Park and Recreation Recovery Act (16 U.S.C. 2509) is

amended to read as follows:

‘‘CONVERSION OF RECREATION PROPERTY

‘‘SEC. 1010. (a) No property developed, acquired, improved or rehabilitated under

this title shall, without the approval of the Secretary, be converted to any purpose

other than public recreation purposes.

‘‘(b) The Secretary shall approve such conversion only if the grantee demonstrates

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

are no longer a viable recreation facility due to changes in demographics or that

must be abandoned because of environmental contamination or other condition that

endangers public health or safety.

‘‘(c) Any conversion must satisfy any conditions the Secretary considers necessary

to assure substitution of other recreation property that is of at least equal fair market value and reasonably equivalent usefulness and location; and is in accord with

the current recreation recovery action plan of the grantee.’’.

SEC. 409. REPEAL.

Sections 1014 and 1015 of the Urban Park and Recreation Recovery Act (16

U.S.C. 2513, 2514) are repealed.

TITLE V—HISTORIC PRESERVATION

SEC. 501. HISTORIC PRESERVATION FUND AMENDMENTS.

Section 108 of the National Historic Preservation Act (16 U.S.C. 470h) is

amended—

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

(2) by inserting ‘‘(b)’’ before the first sentence of the second paragraph;

(3) by adding at the end the following:

‘‘(c) Amounts transferred to the Secretary under section 5(b)(8) of the Conservation and Reinvestment Act in a fiscal year shall be available for obligation and expenditure for the purposes of this Act, without further appropriation and without

fiscal year limitation.
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‘‘(d)(1) Of the amounts in the fund, $150,000,000 shall be available each fiscal

year for obligation or expenditure in accordance with paragraph (2) of this section.

Such amounts shall be made available without further appropriation, subject to the

requirements of this Act, and shall remain available until expended.

‘‘(2) Of the amounts made available each fiscal year— ‘‘(A) $75,000,000 shall be available for State, local governmental, and tribal

historic preservation programs as provided in section 101(b), (c), and (d) of this

Act (16 U.S.C. 470a(b), (c), and (d)); ‘‘(B) $15,000,000 shall be available for the American Battlefield Protection

Program (16 U.S.C. 469k) for the protection of threatened battlefields; and

‘‘(C) the remainder shall be available to carry out this Act, except that not

less than 50 percent of the amounts made available shall be used for preservation projects on historic properties or archaeological sites in accordance with

this Act, with priority given to the preservation of endangered Federal historic

properties or archaeological sites.

‘‘(e)(1) The President shall include in the annual budget proposal a list of programs to be funded under subsection (d)(2)(C) and additional funding amounts, if

any, for State, local governmental, and tribal historic programs in accordance with

section 101(b), (c), and (d) of this Act.

‘‘(2) Except as provided in paragraph (3), during any fiscal year no money shall

be obligated or expended for the programs identified in paragraph (d)(2)(C) unless

approved in an Act making appropriations.

‘‘(3) If the Congress adjourns sine die without appropriating the full amount made

available under subsection (d)(2)(C), 15 days after the date of such adjournment, the

Secretary shall, without further appropriation, obligate and expend the difference

between the full amount made available under subsection (d)(2)(C) and the amount

appropriated, only as follows:

‘‘(A) to provide additional funding for State, local governmental, and tribal

historic preservation programs as provided in section 101(b), (c), and (d) of this

Act; or

‘‘(B) to fund preservation projects on endangered Federal historic properties

or archaeological sites.’’.

SEC. 502. AMERICAN BATTLEFIELD PROTECTION PROGRAM AMENDMENTS.

The American Battlefield Protection Act of 1996 (16 U.S.C. 469k) is amended:

(1) In subsection (c)(2), by adding at the end the following: ‘‘Priority for financial assistance for the preservation of Civil War Battlefields shall be given to

sites identified as Priority 1 battlefields in the ‘Civil War Sites Advisory Commission report on the Nation’s Civil War Battlefields’ issued in 1993’’; (2) In subsection (d), by striking ‘‘$3,000,000’’ and inserting ‘‘such sums as

may be necessary’’.

(3) By repealing subsection (e) in its entirety.

TITLE VI—NATIONAL PARK AND INDIAN LAND RESTORATION

PROGRAMS

SEC. 601. NATIONAL PARK SYSTEM RESOURCE PROTECTION.

(a) AMOUNTS TRANSFERRED FROM THE CONSERVATION AND REINVESTMENT ACT

FUND.—Of the amounts transferred to the Secretary of the Interior under section 2(b)(9) of this Act, $100,000,000 shall be available for obligation and expenditure in

accordance with this section without further appropriation and without fiscal year

limitation.

(b) USES.—(1) Amounts made available under this section shall only be used to

protect significant natural, cultural or historical resources at units of the National

Park System that are threatened or in need of stabilization or restoration.

(2) The Secretary is authorized to enter into cooperative agreements with State

and local governments and other public and private organizations to carry out the

purposes of this section.

(3) No funds made available by this section shall be used for—

(A) acquisition of lands or interests therein;

(B) salaries of National Park Service permanent employees;

(C) construction of roads;

(D) construction of new visitor centers;

(E) routine maintenance activities; or

(F) specific projects which are funded by the Recreational Fee Demonstration

Program (16 U.S.C. 460l–6a(note)).

(c) PRIORITY LIST.—(1) The President shall include in the annual budget proposal

a priority list for projects to be funded under this section. The President shall also

submit the priority list to the Committee on Resources of the House of Representatives and to the Committee on Energy and Natural Resources of the Senate.
19

(2) In preparing the list of projects to be funded under this section, the Secretary

shall vie priority to projects that—

(A) are identified in the park unit’s general management plan;

(B) are included in authorized environmental restoration projects; or

(C) are identified by the Secretary of the Interior as necessary to prevent immediate damage to a park unit’s natural, cultural, or historical resources or to

protect the public health and safety.

(d) FUNDING.—(1) Except as provided in paragraph (2), during any fiscal year no

money shall be obligated or expended for the purposes of this section unless approved in an Act making appropriations.

(2) If the Congress adjourns sine die without appropriating the full amount transferred for this section, 15 days after the date of such adjournment, the Secretary

shall, without further appropriation, obligate and expended the difference between

the full amount transferred and the amount appropriated in accordance with the

priority list submitted pursuant to subsection (c).

SEC. 602. INDIAN LANDS RESTORATION.

(a) AMOUNTS TRANSFERRED FROM THE CONSERVATION AND REINVESTMENT ACT.— Of the amounts transferred to the Secretary of the Interior under section 2(b)(9) of

this Act, $25,000,000 shall be available for obligation and expenditure in accordance

with this section without further appropriation and without fiscal year limitation.

(b) COMPETITIVE GRANTS TO INDIAN TRIBES.—(1) The Secretary shall administer

a competitive grant program for Indian tribes to assist in the restoration of degraded lands, resource protection, or the protection of public health and safety. Priority shall be given to projects based upon the protection of significant resources,

the severity of damages or threats to resources, and the protection of public health

or safety. The Secretary shall develop the competitive grant program in consultation

with Indian tribes.

(2) The amount received for a fiscal year by a single Indian tribe in the form of

grants under this subsection may not exceed 10 percent of the total amount available for that fiscal year for grants under this section.

(3) As used in this section, the term ‘‘Indian tribe’’, means—

(A) an Indian tribe, band, nation, pueble, village, or community that Secretary recognizes as an Indian tribe under section 104 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 479a–1); or

(B) in the case of Alaska, an Alaska Native Corporation (as defined in section

3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602)).

TITLE VII—CONSERVATION EASEMENTS AND RURAL DEVELOPMENT

SEC. 701. FARM AND RANCH LAND PROTECTION PROGRAM.

(a) ESTABLISHMENT.—The Secretary of Agriculture shall carry out a farm and

ranch land protection program for the purpose of protecting farm and ranch lands

with prime, unique, or other productive uses by limiting the nonagricultural uses

of the lands. Under the program, the Secretary may provide matching grants to eligible described in subsection (d) to facilitate their purchase of—

(1) permanent conservation easements in such lands; or

(2) conservation easements or other interests in such lands are subject to a

pending offer from a State or local government.

(b) CONSERVATION PLAN.—Any highly erodible land for which a conservation easement or other interest is purchased using funds made available under this section

shall be subject to the requirements of a conservation plan that require, at the option of Secretary of Agriculture, the conversion of the cropland to less intensive

uses. (c) MAXIMUM FEDERAL SHARE.—The Federal share of the cost of purchasing a conservation easement described in subsection (a)(l) may not exceed 50 percent of the

total cost of purchasing the easement.

(d) ELIGIBLE ENTITY DEFINED.—In this section, the term ‘‘eligible entity’’ means

any of the following:

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

(2) A Federal recognized Indian tribe.

(3) Any organization that is organized for, and at all times since its formation

has been operated principally for, one or more of the conservation purposes

specified in clause (i), (ii), (iii) of section 170(h)(4)(A) of the Internal Revenue

Code of 1986 and—

(A) is described in section 501(c)(3) of such Code;

(B) is exempt from taxation under section 501(a) of such Code; or

(C) is described in paragraph (2) of section 509(a) of such Code, or paragraph (3) of such section, but is controlled by an organization described in

paragraph (2) of such section.
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(e) TITLE; ENFORCEMENT.—Any eligible entity may hold title to a conservation

easement purchased using grant funds provided under subsection (a)(1) and enforce

the conservation requirements of the easement.

(f) STATE CERTIFICATION.—As a condition of the receipt by an eligible entity of a

grant under subsection (a)(1), the attorney general of the State in which the conservation easement is to be purchased using the grant funds shall certified that the

conservation easement to be purchased in a form that is sufficient, under the laws

of the State, to achieve the purposes of the farmland protection program and the

terms and conditions of the grant.

(g) WILLING SELLER.—A conservation easement purchased with funds provided

under this section shall be required only with the consent of the owner.

(h) TECHNICAL ASSISTANT.—To provide technical assistance to carry out this section, the Secretary of Agriculture may use not more than 10 percent of the amount

made available for any fiscal year under section 2(b)(10) of the Conservation and

Reinvestment Act.

(i) FUNDING.—Amounts transferred to the Secretary of Agriculture under section

2(b)(10) of the Conservation and Reinvestment Act shall be available for obligation

and expenditure for the purpose of this section, without further appropriation and

without fiscal year limitation.

SEC. 702. FOREST SERVICE RURAL DEVELOPMENT.

The Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2101 et seq.) is

amended by adding at the end the following:

‘‘SEC. 21. RURAL DEVELOPMENT.

‘‘(a) USES.—The Secretary shall conduct a Rural Development program provide

technical assistance to rural communities for sustainable rural development purposes.

‘‘(b) FUNDING.—Amounts transferred to the Secretary of Agriculture under section

2(b)(11) of the Conservation and Reinvestment Act shall be available for obligation

and expenditure for the purpose of this section, without further appropriation and

without fiscal year limitations.’’.

SEC. 703. NON-FEDERAL LANDS OF REGIONAL OR NATIONAL INTEREST.

(a) COMPETITIVE GRANT PROGRAM.—(1) The Secretary of the Interior may make

grants to States for the conservation of non-Federal lands of clear regional or national interest.

(2) In making a grant under this section, the Secretary shall consider the extent

to which a proposed project described in the grant application will conserve the natural, historic, cultural, or recreational values of the non-Federal lands.

(3) The Secretary shall give preference to proposed conservation projects—

(A) that seek to protect ecosystems;

(B) that are developed in collaboration with other States;

(C) that are complementary to conservation or restoration programs undertaken on Federal lands;

(D) that demonstrate public participation in the development of the project

proposal; or

(E) that are supported by communities and individuals in the immediate vicinity of the proposed project or who would be directly affected by the proposed

project.

(4) A grant awarded to a State under this subsection shall cover not more than

50 percent of the total cost of the conservation projects.

(b) AUTHORIZED PROJECTS.—The Secretary may not award a grant for any project

under this section where the Federal contribution for such project exceeds $1 million, unless the project is authorized by an Act of Congress.

(c) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated

such sums as may be necessary to carry out this section.

SEC. 704. MAPPING EXISTING CONSERVATION EASEMENTS.

(a) DEADLINE FOR COMPLETION.—The Secretary of the Interior shall, not later

than 48 months after the date of enactment of this Act, complete the mapping of

all existing conservation easements acquired by the United States Fish and Wildlife

Service before 1977 to project wetlands.

(b) AUTHORIZATION OF APPROPRIATIONS.—These are authorized to be appropriated

such sums as may be necessary to carry out this section.
21

PURPOSE OF THE MEASURE

The purpose of H.R. 701, as ordered reported, is to dedicate a

portion of the Federal revenues earned from oil and gas production

on the Outer Continental Shelf (OCS) for the following: coastal impact assistance to the States and communities with offshore OCS

production; coastal stewardship activities in all coastal States; coral

reef protection; cooperative interstate marine fisheries commissions; the Federal and State portions of the Land and Water Conservation Fund; State wildlife conservation and restoration; urban

parks; urban and community forestry; Federal, State and tribal historic preservation; National Park Service and Indian lands restoration; farm and ranch land protection; the Forest Legacy program;

Rural Community and Economic Action programs administered by

the Forest Service; Youth Conservation Corps; and Payment in

Lieu of Taxes.

SUMMARY OF MAJOR PROVISIONS

H.R. 701, as amended, authorizes the establishment, for a 15

year period, of a Conservation and Reinvestment Act Fund. Beginning in fiscal year 2001, the Secretary of the Treasury shall deposit

in the Conservation and Reinvestment Fund qualified Outer Continental Shelf (OCS) revenues sufficient to fund the following programs:$430 million for coastal impact assistance to the 7 coastal

States within 200 miles of a lease issued under the Outer Continental Shelf Lands Act;

$250 million for coastal States to be used for coastal and marine conservation, protection and restoration; $100 million for cooperative enforcement of marine protection laws and for fisheries research and management; $25 million for coral reef protection;

$900 million for the Land and Water Conservation Fund to

be equally divided between Federal land acquisition and State

and local park and recreation programs;

$350 million through the Pittman-Robertson program for

State wildlife conservation and restoration;

$75 million to rehabilitate and improve recreation areas and

facilities under the Urban Park and Recreation Recovery Act

program;

$50 million to plant, restore and maintain trees and forests

under the Urban and Community Forestry Act;

$150 million for the Historic Preservation Fund, including

$75 million for grants to States, tribes and local governments,

$60 million for Federal historic preservation efforts, and $15

million for the American Battlefield Protection Program;

$100 million to protect significant natural, cultural, or historical resources of the National Park System and $25 million

to restore Indian lands;

$50 million for the acquisition of conservation easements by

States and local governments under the Forest Legacy program to keep forest lands in production;

$50 million under an expanded Farm and Ranch Land Protection Program for the acquisition of easements to protect

farm and ranch land threatened with developments;
22

$60 million for the Youth Conservation Corps program to

employ young adults during the summer for projects on public

lands;

$50 million equally divided between Forest Service rural development and economic recovery programs to assist rural communities in diversifying their economies; and

full funding for the Payment In Lieu of Taxes (PILT) pro- gram ($325 million in fiscal year 2002) which compensates

local governments for Federal land within their jurisdiction.

These amounts are available for obligation and expenditure, beginning in fiscal year 2002 and in each fiscal year thereafter, without

further appropriation, if Congress provides $450 million for Federal

land acquisition under the Land and Water Conservation Fund in

that fiscal year.

BACKGROUND AND NEED

THE OUTER CONTINENTAL SHELF

The Outer Continental Shelf (OCS) consists of all the submerged

lands lying seaward of seaward boundaries of the States that are

subject to the jurisdiction and control of the United States. Since

1983, the United States has claimed the sovereign right to control

the OCS 200 nautical miles seaward of its coastline.

The OCS is rich in natural resources. The OCS accounts for 20

percent of the oil and 27 percent of the natural gas produced in the

United States. Since 1953, oil and gas leases on the OCS have provided over $127 billion to the Federal Treasury.

Early in our history, the Coastal States claimed title to the submerged lands off their shores. The first offshore oil and gas leases

were granted by the States in shallow water off their coasts. In

1947, however, President Truman asserted federal jurisdiction over

our offshore resources, both within and beyond the areas claimed

by the States. Beginning in 1947, the Supreme Court held in a series of cases that the Federal Government, with certain exceptions,

possessed paramount rights over the submerged lands claimed by

the States.

In 1953, Congress relinquished Federal claims to the submerged

lands within the historic boundaries of the Coastal States with the

enactment of the Submerged Lands Act. As a result of the Submerged Lands Act, most Coastal States have title to all submerged

lands lying three geographical miles (which are slightly longer than

statute miles) seaward of the State’s coast line. Texas and Florida

have title to all submerged lands lying three marine leagues (which

equal nine geographical miles or about ten and a half statute

miles) from their coast lines in the Gulf of Mexico.

Less than three months after the enactment of the Submerged

Lands Act, Congress enacted the Outer Continental Shelf Lands

Act. The OCS Lands Act declared that the submerged lands beyond

the States’ seaward boundaries belong to the Federal Government

and gave the Secretary of the Interior broad authority to lease the

OCS beyond the States’ seaward boundaries for oil, gas, and mineral development. Revenues from these leases were deposited in

the Federal Treasury.

Federal leasing activities soon gave rise to the concern that oil

and gas development on federal leases could drain fields underlying
23

adjacent State submerged lands. To deal with this problem, Congress added section 8(g) to the OCS Lands Act in 1978. Section 8(g)

required the Secretary of the Interior to deposit revenues from

leases within three miles of the seaward boundary of a Coastal

State (i.e., between three and six miles seaward of a State’s coast

line) into a separate account in the Treasury until such time as the

Secretary and the Governor of the affected Coastal State could

agree on a ‘‘fair and equitable disposition’’ of the revenues between

the Federal Government and the State. In 1986, Congress amended

section 8(g) to give the Coastal States 27 percent of the revenues

from leases in the so-called ‘‘8(g)’’ area.

THE LAND AND WATER CONSERVATION FUND

In 1965, Congress created the Land and Water Conservation

Fund (LWCF) to provide a source of funding to—

assist in preserving, developing, and assuring accessibility

to all citizens of the United States of America of present

and future generations * * * [to] outdoor recreation resources * * * and to strengthen the health and vitality of

the citizens of the United States.

16 U.S.C. 460l–4.

The LWCF grew out of legislation proposed by President Kennedy based on the studies and recommendations of the Outer

Recreation Resources Review Commission. It reflected the growing

disparity between the amount of public land needed for outdoor

recreation, caused by the country’s expanding population, increased

leisure time, and improved transportation, and the amount available for such purposes. The main purpose of the LWCF Act was to

provide ‘‘a base for the improvement and extension of outdoor

recreation opportunities for a healthy America.’’

Initially, the LWCF consisted of fees collected from those who

used outdoor recreation facilities and the proceeds from the sale of

surplus federal land. These sources soon proved inadequate to the

task. Accordingly, in 1968, Congress amended the LWCF Act to

dedicate a portion of the receipts from OCS leases to the LWCF.

The Senate Committee on Interior and Insular Affairs, the predecessor of this Committee, recommended this course based on—

the fully tenable proposition that the revenues from one

natural resource which belongs to all the people of the

United States—in this instance a depleting resource—

should be reinvested in outdoor recreation areas and developments which become a part of the permanent estate of

the Nation for the use, benefit, and enjoyment of all its

citizens of this and future generations.

S. Rep. No. 1071, 90th Cong. 2d Sess. 2 (1968).

Under current law, Congress may appropriate up to $900 million

from the LWCF each year through fiscal year 2015. Not less than

40 percent of the amount appropriated in any year must be used

for land acquisition by the four federal land management agencies—the National Park Service, the Bureau of Land Management,

the Fish and Wildlife Service, and the Forest Service for otherwise

authorized land acquisitions. Not more than 60 percent of the

amount may be provided to state and local governments for the
24

planning, acquisition, and development of state and local parks and

recreation facilities.

NEED FOR H.R. 701

Coastal Impact Assistance.—OCS development could not proceed

without the cooperation of adjacent Coastal States, which facilitate

the transportation, processing, refining, and distribution of oil and

gas from the OCS. Coastal States adjacent to OCS production, particularly those in the Gulf of Mexico where the bulk of OCS production occurs, often suffer environmental impacts from offshore oil

and gas production, including oil leaks, impacts from pipeline infrastructure, and impacts from road construction and use. In addition,

these States experience increased social costs, such as the need for

additional schools and public services.

Neither the need for these services nor the cost of providing them

has diminished as production has moved further offshore from the

State’s territorial waters and the 8(g) area to deeper waters further

offshore. Yet the ability of Coastal States to pay these costs from

offshore revenues has declined as oil and gas production within the

States’ territorial waters and the 8(g) area has diminished. In

1999, OCS activities generated $3.188 billion in revenues. Of this

total, $94 million—or approximately 3 percent—were paid to Coastal States pursuant to section 8(g) of the OCS Lands Act. While the

entire nation benefits from oil and gas development on the federal

OCS, the handful of Coastal States with production off their shores

have had to bear the full environmental and social costs of this production. Legislation is needed to share part of the proceeds of Federal OCS production with those Coastal States.

In addition, coastal areas suffer significant environmental

stresses from a variety of other causes, resulting in depleted fisheries, wetland loss, destruction of coral reefs, and loss of coastal

habitat and living marine resources. Legislation is needed to provide additional funds to the States and coastal communities to preserve these priceless coastal resources for present and future generations.

LWCF.—When Congress first channeled OCS revenues into the

LWCF, it was anticipated that a substantial percentage of the revenues from the OCS, a non-renewable national asset, would be reinvested in permanent, public recreational resources by Federal,

State and local governments. That expectation has not been fulfilled. Originally capped at $100 million, the LWCF authorization

level has been raised several times to its present $900 million per

year level. Although the full authorized amount has continued to

be credited to the LWCF each year, none of the funds can be spent

without further appropriation, and Congress has rarely appropriated the full amount authorized. As a result, spending for the

acquisition and development of new recreational resources has not

kept pace with the growing demand for them and the backlog of

authorized but unacquired lands continues to grow. Legislation is

needed now to ensure that adequate funds are made available to

meet the recreational needs of the ever increasing population of the

United States in recognition that ‘‘space for outdoor recreation

which may once, correctly or mistakenly, have been thought abundant, is becoming scarce.’’ S. Rep. No. 1364, 88th Congress Cong.,

2d Sess. 5 (1964).
25

Historic Preservation.—The National Historic Preservation Act

provides that $150 million of OCS revenues be deposited each year

in the Historic Preservation Fund. The Act authorizes the appropriation of monies from the Historic Preservation Fund to the Secretary of the Interior to preserve properties listed on the National

Register of Historic Places and to make grants to the States for

state historic preservation projects. Like the LWCF, appropriations

to the Historic Preservation Fund have been lower than the authorized level. From fiscal year 1991 through fiscal year 1998, appropriations from the Historic Preservation Fund averaged $35 million. In fiscal year 1999 and fiscal year 2000, $35 million was appropriated for State programs and $40 million was appropriated for

federal programs. Given the resulting backlog of needs, legislation

is needed to ensure full funding for these programs.

PILT.—The Payment In Lieu of Taxes (PILT) program authorizes the Secretary of the Interior to make payments to counties in

which the Federal Government owns a large portion of the land.

These payments provide a critical source of revenue for the 2,000

local governments in 49 states that have relatively small amounts

of taxable private land because most of their land is owned by the

Federal Government and is exempt from State and local taxation.

They also help offset the costs incurred by the counties for services

provided to users of the federal lands. Over the past six years,

PILT appropriations have averaged less than half of the authorized

amount.In fiscal year 2000, Congress appropriated an average of 17

cents per acre for PILT payments, compared to the $1.48 per acre

the counties would have received if the lands were taxed at the

same rate as private land. Legislation is needed to ensure full

funding for this program.

Other programs.—There are a number of other conservation programs that have never been funded or that have been funded at

less than their authorized level. These programs include: coastal

and fisheries restoration programs administered by the Department of Commerce; the Urban Park and Recreation Recovery program administered by the Department of the Interior; the Urban

and Community Forestry, Forest Legacy, Farmland Protection, and

rural economic programs administered by the Department of Agriculture; and the Youth Conservation Corps program administered

by the Department of the Interior and the Department of Agriculture. Many of these programs can be used to improve forest

health through tree thinning and removal of hazardous underbrush.Legislation also is needed to ensure greater funding for these

programs; to provide secure funding for State activities benefiting

wildlife species; to protect threatened National Park resources; and

to restore degraded Indian lands.

LEGISLATIVE HISTORY

H.R. 701 was introduced on February 10, 1999. The House Resources Committee reported H.R. 701 on November 10, 1999 by a

vote of 37–12. On May 11, 2000, H.R. 701, as amended, was passed

by the House of Representatives by a vote of 315–102, received in

the Senate, and referred to the Committee on Energy and Natural

Resources.

In the Senate, a number of bills similar to H.R. 701 were introduced during the 106th Congress and referred to the Committee on
26

Energy and Natural Resources including S. 25, S. 446, S. 532, S.

819, S. 2123 and S. 2181. Hearings were held on several of these

bills on January 27, April 20 and 27, and May 4 and 11, 1999. The

Committee on Energy and Natural Resources considered H.R. 701

in business meetings on July 19, 20, 21, 24 and 25, 2000. At its

business meeting on July 25, 2000, the Committee ordered H.R.

701, as amended, favorably reported.

COMMITTEE RECOMMENDATION AND TABULATION OF VOTES

The Committee on Energy and Natural Resources, in open business session on July 25, 2000, by a majority vote of a quorum

present, recommends that the Senate pass H.R. 701 if amended as

described herein.

The rollcall vote on adopting an amendment in the nature of a

substitute was 13 yeas, 7 nays, as follows:

YEAS NAYS

Mr. Murkowski Mr. Domenici

Mr. Smith Mr. Nickles *

Mr. Bunning Mr. Craig

Mr. Fitzgerald * Mr. Campbell *

Mr. Bingaman Mr. Thomas *

Mr. Akaka Mr. Gorton

Mr. Dorgan Mr. Burns

Mr. Graham

Mr. Wyden

Mr. Johnson

Ms. Landrieu

Mr. Bayh

Mrs. Lincoln

* Indicates voted by proxy.

The Committee ordered H.R. 701, as amended, favorably reported by voice vote.

COMMITTEE AMENDMENT

During the consideration of H.R. 701, the Committee adopted an

amendment in the nature of a substitute. In addition to making

several technical, clarifying and conforming changes, the amendment made the following substantive changes to H.R. 701 as

passed by the House of Representatives:

Direct Spending Trigger Mechanism.—As passed by the House of

Representatives, H.R. 701 provides that moneys in the Conservation and Reinvestment Act Fund—$2.825 billion— are available

each fiscal year without further appropriation as mandatory spending. However, $450 million in Federal land acquisition moneys may

not be obligated and expended until Congress specifically approves

a list of acquisitions in an Act making appropriations for the Department of the Interior. The House-passed bill does not address

what happens to the $450 million if Congress fails to approve a

Federal land acquisition list in a fiscal year.

H.R. 701, as ordered reported, prohibits any moneys in the Conservation and Reinvestment Act Fund from being obligated or expended until Congress has made available $450 million in Federal

land acquisition under the Land and Water Conservation Fund.
27

Unless Congress provides $450 million in Federal land acquisitions

in an Appropriations Act, no funds in the Conservation and Reinvestment Act may be transferred to other programs. The Committee included this requirement to ensure that all programs funded by the Conservation and Reinvestment Act Fund will be similarly treated. Under H.R. 701, as reported by the Committee, Congress, through the appropriations process, may elect, on an annual

bases, to fully fund the programs under H.R. 701 by appropriating

$450 million for Federal land acquisition. However, Under the

Committee-reported bill, all programs will receive full funding or

no program will receive automatic funding, but all programs will

be treated equally.

Interest.—H.R. 701, as passed by the House of Representatives, provides that up to $200 million of the interest earned on the Conservation and Reinvestment Act Fund is available to be used to

match annual appropriations for the Payment In Lieu of Taxes and

Refuge Revenue Sharing programs, up to their authorized levels,

except for the interest attributed to title III that will be directed

to North American Wetlands Conservation Act of 1989, as currently provided by the Pittman-Robertson Act.

H.R. 701, as ordered reported by the Committee, does not make

any provisions for the expenditure of interest. Instead, the Committee chose to fully fund the Payment In Lieu of Taxes program

at its existing authorized level from the Conservation and Reinvestment Act Fund. For purposes of the North American Wetlands

Conservation Act of 1989 interest will be earned on the funds

transferred to the Wildlife Conservation and Reservation Account

within Pittman-Robertson Fund under Title III of the legislation

consistent with current law.

State and Local and Land Acquisition.—The Committee adopted

an amendment to clarify that moneys from the Conservation and

Reinvestment Act Fund made available to State and local governments should be used, to the extent practicable, to acquire lands

from willing sellers.

Water Rights.—As passed by the House of Representatives, H.R.

701 contained an amendment to the Land and Water Conservation

Fund Act relating to water rights. Since nothing in this measure,

including amendments to other legislation, affects water rights, the

Committee did not include that amendment. The Committee recognizes the sensitivity of this issue, however, and therefore has included a general savings clause to allay any possible concerns over

the legislation. The legislation does not provide any new authority

for Federal Government to acquire either lands or water rights nor

to reserve unappropriated waters from the public domain. The legislation only provides a source of funding for otherwise authorized

acquisition of lands by the Federal Government, and then only to

the extent provided in the Acts making appropriations and subject

to the provisions of the other legislation authorizing such acquisition. As a general matter, the acquisition of land by the federal

government, as opposed to the withdrawal and reservation of land

from the public domain, does not give rise to an implication of an

intent to reserve appurtenant waters.

The acquisition of land, however, may occur as part or in furtherance of some other statute that does reserve quantities of water.

For example, title II of the Arizona Desert Wilderness Act of 1990
28

(P.L. 101–628; 104 Stat. 4469, 4475; 16 U.S.C. 460ddd) establishes

the Gila Box Riparian National Conservation Area. Section 201(f)

of the Arizona Desert Wilderness Act expressly ‘‘reserves a quantity of water sufficient to fulfill the purposes * * * for which the

conservation area is established.’’ Section 201(h) authorizes the acquisition of non-Federal lands, subject to certain limitations. Funds

transferred to the Land and Water Conservation Fund under section 2(b) of this Act will be available, if so provided in Acts making

appropriations, for the acquisition of lands pursuant to the authorization in section 201(h) of the Arizona Desert Wilderness Act. Neither the provision of such funds under this legislation, nor the acquisition of lands with such funds creates an express or implied

reservation of water for any purpose. Similarly, nothing in this legislation expands, diminishes, or otherwise affects the express reservation contained in section 201(f) of the Arizona Desert Wilderness Act.

H.R. 701 does not expand, diminish, or otherwise affect any implied or express reservation of water established under any other

law, and does not provide any new authority for any such reservation. Similarly, the various other programs contained in and funded

by the legislation providing grants to the States do not in any manner affect water rights or the various laws, compacts, decrees, and

treaties governing the acquisition of, jurisdiction over, or management of such rights. The general savings clause adopted by the

Committee makes this clear.

Social Security and Medicare Solvency.—The House-passed

version of H.R. 701 prohibits and transfer of moneys to the Conservation and Reinvestment Act Fund unless certain certifications

are made about debt retirement, the solvency of Social Security

and the solvency of Medicare. While the Committee supports the

intention of these provisions, the Committee is concerned that it

will be impossible to actually ‘‘certify’’ conclusions given the nature

of budgetary projections each year. This would have the unintended

effect of nullifying the purpose of the legislation. As reported by the

Committee, however, H.R. 701 contains a provision requiring annual reports to Congress on elimination of publicly held debt, solvency of the Social Security program, and solvency of the Medicare

program The information within these reports will help Congress

as they make the annual decision to approve $450 million in Federal land acquisition and thereby release the moneys in the Conservation and Reinvestment Act Fund.

The Committee did retain a prohibition on any Conservation and

Reinvestment Act Fund expenditures if such expenditure would diminish benefit obligations under the Social Security and Medicare

systems. The Committee substitute also prohibits any such expenditure if there is not an on-budget surplus.

Congressional Override.—Most of the funds provided in H.R. 701,

as reported by the Committee, are allocated to the States pursuant

to statutory formulas. In some cases, however, the bill gives the

Executive Branch discretion to allocate funds. To ensure Congressional oversight and preserve the Constitutional role of the Congress over expenditures, in such cases the bill provides an opportunity for Congressional override of the Executive Branch priorities. For such programs, the Executive Branch, in conjunction with

the submission of the Federal budget, will inform Congress how it
29

proposes to spend the funds made available from the Conservation

and Reinvestment Act Fund in the next fiscal year. Congress, if it

disagrees with these priorities, can enact its own priority list as

part of an appropriations bill. If Congress does not enact a different

priority list, such funds become available 15 day after sine die adjournment. If Congress enacts a different priority that funds less

than the annual authorized funding established by the bill, the difference will be available for expenditure in accordance with the priority list submitted by the Executive Branch.

Coastal Funding.—As passed by the House of Representatives, H.R. 701 provides $1 billion in coastal impact assistance, to be administered by the Secretary of the Interior. The funds are allocated

among 30 coastal States and 5 territories based 50% on proximity

to oil and gas production from the OCS and 25% each based on relative miles of coastline and coastal population. H.R. 701, as reported by the Committee, provides $805 million for a broad range of coastal programs. It provides $430 million for

coastal impact assistance to coastal states with OCS production

within 200 miles of their coastline. It also provides $350 million,

to be administered by the Secretary of Commerce, to 30 coastal

states and 5 territories for programs to protect and restore the

coastal and marine environment. Additionally, it allocates $25 million for coral reef protection efforts to be administered by the Secretaries of the Interior and Commerce.

Coastal Impact Assistance Formula.—As reported by Committee, H.R. 701 provides $430 million for coastal impact assistance payments to the 7 Producing Coastal States that have Federal leases

within 200 miles of their coastline for the development of oil and

gas reserves on the OSC—Alaska, California, Texas, Louisiana,

Mississippi, Alabama and Florida. Unlike H.R. 701 as passed by

the House, coastline miles and population are not factors in the allocation of the coastal impact assistance funds. Rather, $245 million is divided equally among the 7 Producing Coastal States with

the remaining $185 million allocated based on OCS production in

recognition that States with greater production off their coasts will

have greater impacts. The Committee believes that the Federal

Government should share some of the financial benefits of Federal

OSC production with the Coastal States that bear the impacts of

this production.

Coastal Impact Assistance Pass-Through.—H.R. 701, as passed

by the House of Representatives, mandates that a Governor of a

Producing Coastal State make 50% of the allocation available to all

political subdivisions within the State’s coastal zone based on the

political subdivision’s coastlined miles, coastal population, and

proximity to production.

The Committee recognizes the importance of sharing coastal impact assistance funds with local governments and wants to ensure

the certainty of such funds. As reported by the Committee, H.R.

701 requires the Secretary of the Interior to annually distribute

20% of a Producing Coastal State’s allocation to those coastal subdivisions within 200 miles of an Outer Continental Shelf lease.

This funding would be allocated among coastal subdivisions based

on a formula of 25% relative miles of coastline, 25% relative population, and 50% proximity to OCS production. This is the same formula contained in the House passed version of H.R. 701 except for
30

the Committee’s treatment of the State of Louisiana. In Louisiana,

the 25% of the formula based on coastline miles takes into account

political subdivisions which are within 200 miles of an OCS lease

but which do not have a coastline. These political subdivisions are

credited with the average coastline of the political subdivisions

with a coastline. Further, in the State of Louisiana, that portion of

the political subdivision allocation based on production is equally

divided among all coastal political subdivisions.

Coastal Uses.—The House-passed version of H.R. 701 authorizes

States receiving coastal impact assistance funds to use them for a

variety of activities for protecting the marine and coastal environment, and for mitigating impacts of Outer Continental Shelf production. The Committee recognizes the many pressing environmental needs facing coastal areas, such as persistent wetlands degradation, damage to marine and coastal habitats, fisheries losses,

and destruction of coral reefs. The Committee intends that Title I

funds for coastal impact assistance, coastal stewardship, and coral

reef protection, be available for the protection, restoration, and improvement of environmental resources. The Committee also recognizes that States with OCS production off their shores often experience other significant impacts from oil and gas development activities, and the Committee therefore provides that a Producing Coastal State may use up to 23% of its impact assistance allocation for

mitigating these broader impacts, through funding of onshore infrastructure and public service needs.

Planning.—Like the House passed version of H.R. 701 the Committee requires that those Producing Coastal States seeking to receive coastal impact assistance prepare a Coastal Impact Assistance Plan which must be approved by the Secretary of the Interior.

The Committee intends that Producing Coastal States have an option of receiving coastal impact assistance. No Coastal Impact Assistance Plan is required for those Producing Coastal States which

choose not to receive coastal impact assistance.

H.R. 701, as reported by Committee, provides funds for ocean

and coastal conservation efforts by coastal States to be administered by the Secretary of Commerce. Producing Coastal States also

are eligible to receive funds under this program which has its own

requirement for a Statewide Coastal Conservation Plan. The Committee does not intend to impose double planning requirements on

Producing Coastal States. Rather, the Committee intends for the

Secretaries of the Interior and Commerce to coordinate their various requirements to provide for joint plan submission and avoid

imposing duplicative and redundant requirements on Producing

Coastal States.

Federal Land Acquisition.—Like H.R. 701 as passed by the

House, the Committee requires the submission of Federal land acquisition priority lists each year in conjunction with the Federal

budget submission. The Committee also imposed an obligation on

itself to review these lists and submit to the Appropriations Committee its own priority list for Federal land acquisitions that have

been previously authorized. During consideration of the President’s

budget, the Appropriations Committees will have the benefit of a

formal submission from the authorizing committee on what it believes the Federal land acquisition priorities should be.
31

The Committee adopted language to require the Secretaries of

the Interior and Agriculture to consult with the Governors of the

States in preparing the priority list for land acquisition. The Committee has not prescribed any particular method or process for such

consultation and expects that such consultation will occur on an

ongoing basis at the State as well as at the local level. State and

local governments can assess the potential benefits and costs of

Federal land acquisition and the Federal Government should carefully consider any recommendations and suggestions. The Committee intends to carefully review the list submitted by the President and obtain the views of affected States and their representatives on areas included as well as priority lands excluded from the

list. The Committee will carefully consider local concerns, including

any recommendations from Governors, through advisory boards or

other entities, on the extent of public needs and requests, the availability of property, alternatives to fee acquisition, effect on local tax

revenue and local business, habitat benefits or costs, and public access. The Committee expects that close consultation by the Congress and the administration with the States will make the process

of establishing and funding a priority list as beneficial as possible

for both the objectives for which Federal areas are established and

for the States and local communities where such areas are located.

The Committee-reported bill eliminates several restrictions and

limitations on Federal land acquisitions projects which were included in the House-passed bill. The objective of the legislation is

to provide a guaranteed funding source for Federal land acquisition

projects not to alter existing law for any project. The authorizing

and appropriating committees remain free to develop specific provisions for individual projects as they do currently.

LWCF State Grant Program.—H.R. 701, as passed by the House of Representatives, provides $450 million for the state-side LWCF

matching grant program with 30% equally divided among all

States and 70% allocated based on population. The Committee also

provides $450 million for the state-side LWCF matching grant program. However, the Committee does not believe that population

provides the sole indicator of the demand for State and local park

and recreation programs. For example, in many western States

with relatively low year-round population but significant Federal

land ownership, adjacent State and local parks often experience

seasonal fluctuations in visitors. Accordingly, the Committee allocates state-side funding with 60% divided among all States and

40% allocated based on population. The Committee believes this is

a more equitable distribution of state-side funds throughout the

country.

Wildlife Conservation and Restoration.—As passed by the House,

H.R. 701 does not provide any guidance on how States should

prioritize their use of funds from the Wildlife Conservation and

Restoration Account. As reported by the Committee, H.R. 701 directs States to give priority for funding from the Wildlife Conservation and Restoration Account for species with the greatest conservation need. The Committee included this requirement in recognition of the ongoing debate between the protection of game and

nongame species. The Committee did not want to make an arbitrary judgment on the relative importance of a species in any individual States. Rather, the Committee believes that a State fish and
32

wildlife department is in the best position to determine what species within a State have the greatest conservation need. To facilitate this determination, the Committee requires that State fish and

wildlife agencies prepare a wildlife conservation strategy that uses

existing available data and to conduct periodic monitoring of wildlife species and their habitats.

H.R. 701, as ordered reported, also provides that 21⁄4 percent of

the funds in the Wildlife Conservation and Restoration Account be

made available to Federally recognized Indian tribes. This figure is

equivalent to the percentage of tribal trust land to total acreage of

the continental United States. Currently, tribes are not eligible to

share in Federal Aid in Wildlife Restoration Account funds even

though tribal members pay excise taxes on fishing and hunting

equipment. H.R. 701 does not change this limitation in the underlying law. However, by allowing Indian tribes to share in this new

funding source, the Committee reported legislation helps address

the funding shortfalls that tribes experience in managing fish and

wildlife populations on their lands. Indian tribes, just like the

States, would have to submit, and have approved by the Secretary

of the Interior, a wildlife conservation and restoration program.

With few exceptions, the provisions of the Title 3 relate solely to

wildlife conservation and restoration programs funded by the Conservation and Reinvestment Act Fund and do not affect the provisions of the Federal Aid in Wildlife Restoration Act relating to

wildlife restoration projects or provisions of the Federal Aid in

Sportfish Restoration Act relating to fish restoration and management projects.

Historic Preservation Funding.—H.R. 701, as passed by the House, provides $100 million for National Historic Preservation Act

purposes with at least one-half to be spent on preservation projects

on historic properties. Further, the bill expands the use of State

historic preservation moneys to allow cooperative historic preservation planning and development at national heritage areas or national heritage corridors established by the Federal Government.

As reported by the Committee, H.R. 701 provides $150 million,

the full existing authorization, for the Historic Preservation Fund.

Of this total, at least one-half, or $75 million, must be provided to

State, local and tribal historic preservation programs and $15 million is to be made available for the American Battlefield Protection

Program. The remainder is available for Federal historic preservation purposes with at least one-half to be spent on preservation

projects on historic properties and archaeological sites.

The Committee believes that it is important that adequate financial resources be provided for non-Federal historic preservation efforts. By providing $75 million each year for State, local and tribal

historic preservation programs, the Committee is hopeful that this

funding will decrease the pressure on the Federal Government to

preserve these historic sites.

Similarily, the American Battlefield Protection Program provides

funding for non-Federal entities to protect threatened battlefields.

The Committee amendment directs the Secretary to give priority

for financial assistance for the preservation of Civil War battlefields to sites identified as Priority 1 battlefields in the ‘‘Civil War

Sites Advisory Commission Report on the Nation’s Civil War Battlefields’’ issued in 1993.

33

The Civil War Sites Advisory Commission was a blue-ribbon

panel of 14 members appointed by the Presidential and Congress

in 1990 to identify historically significant Civil War sites, to determine their relative importance, and to recommend alternatives for

preserving and interpreting the sites. In its 1993 report, the commission identified significant sites with a ‘‘critical need for coordinated nationwide action’’ as Priority 1 battlefields. Since the American Battlefield Protection Program is not limited to protecting

Civil War battlefields, the Committee expects that the Secretary

will establish appropriate criteria to prioritize funding for the protection of other threatened battlefields.

The Committee did not include language in this title restricting

the percentage of funds which are available for administrative expenses under this title. However, the Committee expects that the

Secretary will retain the minimum amount of funds necessary to

appropriately administer the programs under this title.

Federal and Indian Lands Restoration.—H.R. 701, as passed by the House, provides $200 million for Federal and Indian lands restoration. The bill authorizes $120 million for projects on Department of the Interior lands, $60 million for projects on Forest Service lands, and $20 million for projects on Indian lands. H.R. 701, as reported by Committee, provides $25 million for

projects on Indian lands and directs the Secretary of the Interior

to develop a competitive grant program for the award of these restoration funds in consultation with Indian tribes. This program is

to be developed with input from a diverse array of tribal representatives.

The Committee-reported measure also provides $100 million for

restoration projects at units of the National Park System. The

Committee intends that normal funding for these functions and

programs through the appropriations process not be offset by funding from the Conservation and Reinvestment Act. Funding under

this Act should be focused on protecting threatened significant park

resources, including necessary capital improvements. The Committee does not intend for these funds to be used for routine maintenance.

Forest Service Rural Community Assistance.—H.R. 701, as reported by the Committee, includes $50 million to be equally split

between 2 existing Forest Service programs: Rural Development

and Rural Community Assistance. The Committee includes this

funding to assist natural resource dependent communities in

strengthening, diversifying, and expanding their economies.

Youth Conservation Corps.—The Committee reported measure

fully funds the Youth Conservation Corps program at its authorized level, within the Department of the Interior and Forest Service. The Committee intends that these funds be used to hire young

adults to work on the public lands and not to increase the Federal

bureaucracy. At the same time, the Committee intends for these

funds to be equitably allocated among the States with an emphasis

on those States with significant public lands.

Further, the Committee expects that the Secretary of the Interior

and the Secretary of Agriculture will maximize the use of partnerships with State, local, or other non-Federal youth conservation

corps, or entities such as the Student Conservation Association.

These types of partnership have proven to be cost-effective and effi-
34

cient. As a result, the Committee anticipates that there will be

minimal need to expend these funds on hiring Federal personnel or

increased Federal program costs. Because the Conservation and

Reinvestment Act Fund will dramatically increase the funding for

the Youth Conservation Corps program, the Committee plans on

conducting aggressive oversight to ensure that the Departments

are spending these funds as intended.

SECTION-BY-SECTION ANALYSIS

Section 1. Short title

The short title of H.R. 701 is the ‘‘Conservation and Reinvestment Act.’’

Section 2. Conservation and Reinvestment Act Fund

Subsection 2(a). Establishment of fund

This subsection establishes a fund in the United States Treasury

known as the ‘‘Conservation and Reinvestment Act Fund’’ and authorizes the Secretary of Treasury to deposit into the Fund, beginning in fiscal year 2001 and through fiscal year 2015, qualified

Outer Continental Shelf revenues sufficient to fund the programs

specified in subsection (b).

Subsection 2(b). Program allocation

Beginning in fiscal year 2002 and through fiscal year 2016, the

Secretary of Treasury is authorized to transfer the following

amounts from the Conservation and Reinvestment Act Fund:

$430 million to the Secretary of the Interior for payments to

producing coastal states;

$350 million to the Secretary of Commerce for payments to

coastal states for coastal conservation programs and cooperative enforcement and research and management by Interstate

Marine Fisheries Commissions;

$25 million to the Secretary of the Interior and the Secretary

of Commerce for coral reef protection efforts;

$900 million to the Land and Water Conservation Fund;

$350 million to the Wildlife Conservation and Restoration

Account;

$75 million to the Secretary of the Interior for the Urban

Park and Recreation Recovery Act of 1978;

$50 million to the Secretary of Agriculture for the Urban

Community Forestry Act;

$150 million to the Secretary of the Interior for the National

Historic Preservation Act;

$125 million to the Secretary of the Interior for National

Park Service and Indian lands restoration programs;

$50 million to the Secretary of Agriculture for the Forest

Legacy program;

$50 million to the Secretary of Agriculture for the Farm and

Ranch Land Protection Program;

$25 million to the Secretary of Agriculture for the Rural Development program;

$25 million to the Secretary of Agriculture for the Rural

Community Assistance Program;
35

$60 million to the Secretary of the Interior and the Secretary

of Agriculture, acting through the Chief of the Forest Service,

for the Youth Conservation Corps; and

amounts to fund payment in-lieu-of taxes at its fully authorized level.

Amounts transferred under this subsection shall be available for

obligation and expenditure without further appropriation or fiscal

year limitation.

Subsection 2(c). Availability of funds

Moneys transferred under subsection 2(b) are available without

further appropriation and without fiscal year limitation, if Congress makes available $450 million in Federal land acquisition as

provided in subsection 2(f).

Subsection 2(d). Conforming amendment

The Payment In Lieu of Taxes (PILT) program is amended to authorize appropriations.

Subsection 2(e). Shortfall

The amount transferred to each program identified in subsection

2(b) will be reduced proportionally if qualified OCS revenues are

less than the total authorization.

Subsection 2(f). Limitation of availability of funds

No moneys can be transferred from the Conservation and Reinvestment Act Fund for the programs identified in subsection (b) unless Congress has made available $450 million in Federal land acquisition.

Subsection 2(g). State and local acquisition restriction

Moneys made available to States and local governments for land

purchases should be used, to the extent practicable, to buy land

from willing sellers.

Subsection 2(h). Savings clause

Nothing in the Conservation and Reinvestment Act expands, diminishes, or affects any water right.

Section 3. Recordkeeping requirements

Section 3 authorizes the Secretaries of the Interior, Agriculture,

and Commerce to establish rules on recordkeeping and auditing by

State and political subdivisions receiving moneys from the Conservation and Reinvestment Act Fund.

Section 4. Annual reports

Subsection 4(a). State reports

Subsection (a) requires States receiving moneys from the Conservation and Reinvestment Act Fund to annually report to the

Secretary of the Interior, Agriculture, or Commerce on how those

moneys were spent, including a listing of any lands purchased and

the circumstances surrounding each purchase.
36

Subsection 4(b). Report to Congress

Each year, the Secretaries of the Interior, Agriculture, and Commerce are to report to Congress on their expenditures from the

Conservation and Reinvestment Act Fund and summarize the reports submitted by the States under subsection 4(a).

Section 5. Maintenance of effort and matching funding

Subsection 5(a). In general

Subsection (a) states congressional intent to maintain State and

local government funding for programs which receive moneys from

the Conservation and Reinvestment Act Fund. The purpose of H.R.

701 is to supplement and increase, not replace, State, local, and

non-Federal funding for specified conservation programs. The Secretaries of the Interior, Agriculture Commerce are directed to monitor State and local government expenditures and inform Congress

if any State or local government is not acting in a manner consistent with this intent.

Subsection 5(b). Use of amounts from the Conservation and

Reinvestment Act to meet matching requirements

Subsection (b) clarifies that money received by States and local

governments are to be treated as Federal funds for matching fund

purposes under other Acts.

Section 6. Protection of private property rights

Subsection 6(a). Savings clause

Subsection (a) states that nothing in H.R. 701 authorizes the taking of private property for public use without just compensation.

Subsection 6(b). Federal regulation

Subsection (b) provides that H.R. 701 does not create any new

authority for Federal agencies to apply regulations on private land.

Section 7. Signs

Section 7 authorizes the Secretary of the Interior to require any

entity receiving moneys from the Conservation and Reinvestment

Act Fund to install a sign stating that the existence or development

of the site is a result of such moneys.

Section 8. Ensuring the solvency of the Social Security and Medicare Trust Funds

Subsection 8(a). Debt reduction

Subsection (a) requires the Director of the Congressional Budget

Office to annually report to Congress on whether (1) a sufficient

portion of the on-budget surplus is reserved for debt retirement so

that public held debt will be eliminated by fiscal year 2013, and (2)

there is an on-budget surplus.

Subsection (b). Social Security solvency

Subsection (b) requires the Social Security Trustees to annually

report to Congress on whether outlays from the Social Security

trust funds will exceed revenues to such trust funds during the

next 5 years.
37

Subsection (c). Medicare solvency

Subsection (c) requires the Medicare Trustees to annually report

to Congress on whether outlays from the Medicare trust fund will

exceed revenues to such trust fund during the next 5 years.

Section 9. Protection of Social Security and Medicare benefits

Section 9 prohibits any transfers from the Conservation and Reinvestment Act Fund if such expenditure would impact the benefit

obligations of the Social Security and Medicare Trust Funds or if

there is not an on-budget surplus.

TITLE I—COASTAL IMPACT ASSISTANCE AND STEWARDSHIP

Section 101. Definitions

Section 101 amends section 2 of the Outer Continental Shelf

Lands Act (OCSLA) to add definitions for the following terms—

coastal population, Coastal State, coastline, distance leased tract,

and qualified Outer Continental Shelf revenues. Qualified Outer

Continental Shelf revenues, which are to be deposited in the Conservation and Reinvestment Act Fund, are defined as moneys received by the United States from oil and gas leases in Federal waters on the Outer Continental Shelf (OCS) within 200 miles of the

coastline. The term does not include revenues earned from production in the 8(g) area (the three nautical mile band immediately adjacent to State waters) unless section 8(g) does not apply. The term

also does not include revenues from a leased tract in an area where

a moratorium on new oil and gas leasing was in effect on January

1, 2000, unless the lease was issued before, and was in production

on, that date.

Section 102. Coastal impact assistance

Section 102 amends the OCSLA to add a new section 31 establishing a coastal impact assistance program within the Department

of the Interior.

New subsection 31(a). Definitions

New subsection (a) defines the following terms used in section

31—coastal political subdivision, distance, and Producing Coastal

State. Coastal political subdivisions are the local political jurisdictions immediately below State government (such as counties, boroughs, and parishes) located within a State’s coastal zone and within 200 miles of a Federal OCS lease. Producing Coastal States are

the 7 Coastal States (Alaska, California, Texas, Mississippi, Louisiana, Alabama, and Florida) that have a coastal boundary within

200 miles of a leased tract excluding those tracts where a moratorium on new oil and gas leasing was in effect on January 1, 2000

unless the lease was issued before, and in production on, that date.

New subsection 31(b). Funding

New subsection (b) provides that the $430 million transferred to

the Secretary of the Interior from the Conservation and Reinvestment Act Fund each year for use in accordance with this section

are available without further appropriation and without fiscal year

limitation.
38

New subsection 31(c). Impact assistance payments to states

and political subdivisions

New subsection (c) authorizes the Secretary of the Interior to

make coastal impact assistance payments to Producing Coastal

States, with an approved Coastal Impact Assistance Plan, and

coastal political subdivisions.

Paragraph (1) allocates the $430 million in coastal impact assistance funds among the Producing Coastal States as follows: $245

million is divided equally among all Producing Coastal States and

the remaining $185 million is divided based on proximity to OCS

oil and gas production. As set forth in paragraph (2), the later factor is calculated based on the percentage of qualified OCS revenues

generated off a Producing Coastal State’s coastline during the preceding 5-year period, and recalculated every 5 years thereafter.

Paragraph (3) allocates 20% of a Producing Coastal State’s coastal impact assistance to coastal political subdivisions within the

States as follows: 25% is allocated based on coastal population; 25%

is based on coastline miles; and 50% is allocated based on proximity to OCS oil and gas production.

Paragraph (4) authorizes the Secretary of the Interior to reallocate a Producing Coastal State or coastal political subdivision’s

coastal impact assistance allocation in the absence of an approved

coastal impact assistance plan. The Secretary is authorized to hold

an allocation in escrow (1) pending the resolution of an appeal regarding the disapproval of a plan or (2) if a Producing Coastal

State is making a good faith effort to develop and submit, or update, a Coastal Impact Assistance Plan.

New subsection 31(d). Coastal impact assistance plans

New subsection (d) imposes requirements on Producing Coastal

States that seek to receive coastal impact assistance, to prepare a

Coastal Impact Assistance Plan that must incorporate the plans of

coastal political subdivisions and may incorporate the Statewide

Coastal Conservation Plan required under the new OCSLA section

32. In preparing the Coastal Impact Assitance Plan, the Governor

must provide for public participation. The Coastal Impact Assistance Plan, which must specify how coastal impact assistance funds

will be used, is to be submitted by July 1, 2001, and updated every

5 years thereafter.

Paragraph (2) requires the Secretary of the Interior to approve

a Coastal Impact Assistance Plan before disbursing a Producing

Coastal State or coastal political subdivision’s allocation of coastal

impact assistance funds. To obtain approval, the Secretary must

find that the Coastal Imapct Assistance Plan sets forth uses consistent with new subsection (e), along with the following: the name

of the State agency with the authority to deal with the Secretary

on coastal impact assistance matters; a program for implementation of the plan, including a description of how coastal impact assistance funds will be used; a description of how coastal political

subdivisions will use their funds; certification by the Governor of

public participation; and criteria to account for other related Federal resources and programs.

Paragraph (3) gives the Secretary 90 days to approve or disapprove a Coastal Impact Assistance Plan. Paragraph (4) imposes
39

the requirements of the subsection on any amendment to a Coastal

Impact Assistance Plan.

New subsection 31(e). Authorized uses

New subsection (e) authorizes Producing Coastal States and

coastal political subdivisions to use coastal impact assistance funds

for the following six purposes: coastal stewardship activities authorized under new OCSLA section 32; wetlands conservation, protection or restoration projects and activities; mitigating fish, wildlife or natural resources damage; planning and administrative

coasts incurred to comply with this section; implementation of Federally approved marine, coastal, or comprehensive conservation

management plans; and mitigating OCS impacts through funding

onshore infrastructure and public service needs except that no

more than 23% of an allocation may be spent for this purpose. In

addition, Producing Coastal States and coastal political sudivisions

can deposite coastal impact assistance funds in a trust fund dedicated to consistent uses. All uses must comply with Federal and

State laws.

New subsection 31(f). Compliance with authorized uses

If the Secretary of the Interior determines that a Producing

Coastal State or coastal political subdivision has used coastal impact assistance funds for an unauthorized purpose, such Producing

Coastal State or coastal political subdivision will not receive additional coastal impact assistance funds until the amounts spent on

the unauthorized purpose have either been repaid or obligated for

an authorized use.

Section 103. Ocean and coastal conservation

Section 103 amends the OCSLA by adding a new section 32

which provides funding for the protection of coastal and marine resources. The programs under this section will be administered by

the Secretary of Commerce.

New subsection 32(a). Funding

New subsection (a) provides that the $350 million transferred to

the Secretary of Commerce from the Conservation and Reinvestment Act Fund for use in accordance with this section is available

to be spent without further appropriation.

New subsection 32(b). Allocation of funds

New subsection (b) directs the Secretary of Commerce to allocate

$250 million for coastal stewardship uses in accordance with new

subsection 32(c), and $100 million for cooperative fisheries enforcement, research and management uses in accordance with new subsection 32(d).

New subsection 32(c). Coastal stewardship

Paragraph (1) directs the Secretary of Commerce to divide the

$250 million allocated for coastal stewardship uses among all

Coastal States with an approved Statewide Coastal Conservation

Plan based 25% on coastal population, 25% on coastline miles, and

50% divided equally among all coastal States.
40

Paragraph (2) provides that if a Coastal State does not qualify

for funds because of failure to submit a Statewide Coastal Conservation Plan, the Secretary of Commerce, following final resolution of any appeals regarding disapproval of the Plan, shall divide

such State’s share among the remaining Coastal States. The Secretary of Commerce retains discretion to hold the State’s share in

escrow so long as the State is making good faith efforts to develop

or update its Plan.

Paragraph (3) requires the Governor of each Coastal State receiving coastal stewardship funds to submit a Statewide Coastal Conservation Plan, and to update it at least once every 5 years. The

Plan must be developed with public participation, and shall consider ways to share the funds with local governments, and nonprofit or public institutions, to assist with coastal stewardship

needs. Funds can be used only in accordance with the Plan submitted by the Coastal State. The Secretary of Commerce shall approve the Plan if it is consistent with the authorized uses and contains the name of the responsible State agency, a description of

how the funds will be used, certification by the Governor of ample

opportunity for public participation, and measures for taking into

account other Federal resources and programs.

Paragraph (4) lists the uses to which Coastal States can put the

funds as those that are consistent with coastal and marine protection laws and other Federal and State law; that benefit coastal and

marine habitats; that benefit water quality consistent with the

Coastal Zone Management Act; that address watershed protection

and other needs which cross jurisdictional boundaries; that address

research and related needs of coastal and marine habitats; that address needs related to seasonal fluctuations in population; that protect and restore natural coastline features; that help control

invasive species; that address needs created by urban growth; and

that relate to coastal and Great Lakes living marine resource use

and management.

Paragraph (5) prohibits a Coastal State from receiving additional

funds if it has used any previous funds in an unauthorized manner,

until such time as the Coastal State repays the misused funds or

obligates them for authorized uses.

New subsection 32(d). Cooperative fisheries enforcement, research and management

New subsection (d) directs the Secretary of Commerce to provide

not less than 25% of the funds under this subsection to eligible

Coastal States to support cooperative enforcement agreements for

the enforcement of marine laws, and the remainder for grants for

fisheries and living marine resources research and management.

Paragraph (1) allows the Secretary of Commerce to use up to 5%

of amounts under this subsection for covering administrative and

technical assistance costs.

Paragraph (2) provides that the Governor of Hawaii, a territory,

or a State represented on an Interstate Marine Fisheries Commission may apply to the Secretary of Commerce to fund cooperative

enforcement agreements which authorize State law enforcement officers to perform the duties of the Secretary of Commerce relating

to enforcement of Federal marine laws. These agreements shall be

consistent with section 311(a) of the Magnuson-Stevens Fishery
41

Conservation and Management Act. The Secretary of Commerce

shall distribute the money under this paragraph based on consideration of each participating State’s specific enforcement needs.

Paragraph (3) allows the Governor of Hawaii, a territory, or any

State on an Interstate Marine Fisheries Commission to apply to

the Secretary of Commerce for funding to support research and

management agreements that benefit living marine resources. To

be eligible for funding, projects covered by the agreements must address critical needs identified in a fishery management report or

plan developed and approved by a State, a Marine Fisheries Commission, a Regional Fishery Management Council, or other regional

or tribal entity charged with management and conservation of living marine resources. The projects must pertain to the collection

and analysis of fisheries information, or to the development of innovative or cooperative management of fisheries. The Secretary of

Commerce will give priority to projects that establish observer program; promote cooperative research projects for national or regional priorities, reduce harvesting capacity, identify ecosystem impacts of fishing, develop sustainable fisheries, develop sustainable

aquaculture, or benefit coastal fishery resources and habitats.

Paragraph (4) provides for congressional approval of amounts to

be spent under this subsection by requiring the President to submit, as part of the annual budget proposal, a priority list of allocations to Coastal States under this subsection. If Congress fails to

enact legislation changing the allocations on the President’s list

prior to adjourning for the year, the amounts on the President’s

priority list shall be made available 15 days after sine die adjournment. If Congress does enact legislation establishing a different

priority list, and it funds less than the annual amounts authorized

under this section, the difference between the annual amounts authorized under this subsection, the difference between the annual

authorized amount and the new congressional allocations shall be

available for expenditure, without further appropriation, in accordance with the priority list submitted by the President.

Section 104. Coral reef protection

Subsection 104(a). Funding

Subsection (a) provides that the $25 million transferred from the

Conservation and Reinvestment Act Fund to the Secretaries of Interior and Commerce for uses in accordance with this section is

available to be spent without further appropriation.

Subsection (b). Coral reef

Subsection (b) defines the term ‘‘coral reef.’’

Subsection (c). Allocation of funds

Subsection (c) divides the funds under this section equally between the Secretaries of Commerce and Interior to be administered

in accordance with this section.

Subsection (d). Uses

Subsection (d) establishes the uses for funds under this section.

It specifies that no amounts provided under this section shall be

used for the acquisition of lands or interests in lands. Funds shall
42

be used solely for activities that preserve, sustain or enhance coral

reef ecosystems, with priority to be given to those areas of most

critical environmental need. Uses may include actions to improve

coral reef management; habitat and species monitoring; developing

management strategies; community outreach and education; law

enforcement; or grants for uses consistent with the section to natural resource management agencies, or appropriate educational or

non-governmental organizations.

Subsection (e). Consultation

Subsection (e) requires the Secretary of the Interior and the Secretary of Commerce to consult with the Coral Reef Task Force and

others when developing guidelines to implement this section.

Subsection (f). Congressional approval

Subsection (f) allows for congressional approval of the amounts

to be spent under this section by requiring the President to submit,

as part of the annual budget proposal, a priority list of allocations

under this section. If Congress fails to enact legislation changing

the allocations on the President’s list prior to adjourning for the

year, the amounts on the President’s priority list shall be made

available 15 days after sine die adjournment. If Congress enacts

legislation establishing a different priority list and funds less than

the annual amounts authorized under this section, the difference

between the annual authorized amount and the new congressional

allocations shall be available for expenditure, without further appropriation, in accordance with the priority list submitted by the

President.

TITLE II—LAND AND WATER CONSERVATION FUND

Section 201. Short title

Title 2 of H.R. 701 is entitled the ‘‘Land and Water Conservation

Fund Act Amendments of 2000.’’

Section 202. Land and water conservation fund amendments

Subsection 202(a). Amounts transferred from the Conservation and Reinvestment Act fund

Subsection (a) amends subsection 2(c) of the Land and Water

Conservation Fund Act of 1965 (LWCF Act) to authorize the deposit into the LWCF of moneys from the Conservation and Reinvestment Act Fund.

Subsection 202(b). Annual funding authority

Subsection (b) amends section 3 of the LWCF Act to authorize

the $900 million transferred from the Conservation and Reinvestment Act Fund to be spent without further appropriation. Other

amounts in the LWCF are only available when appropriated.

Subsection 202(c). Allocation of funds

Subsection (c) amends section 5 of the LWCF Act to require that

each year moneys from the LWCF be equally divided between land

acquisition by the Federal land management agencies and grants

to the States.
43

Section 203. Allocation of amounts for State purposes

Subsection 203(a). Facility rehabilitation

Subsection (a) amends section 6(a) of the LWCF Act to authorize

States and local governments to use LWCF State grants moneys

not only for planning, acquisition, and development of recreation

facilities but also the rehabilitation of recreation facilities.

Subsection 203(b). State funding allocations

Subsection (b) amends section 6(b) of the LWCF Act to authorize

the Secretary of the Interior to deduct up to 4 percent of State

grant moneys for administrative expenses. Of the remaining moneys, 60% is to be equally divided among all States and 40% is to

be allocated to States based on population. No State may receive

more than 10% of the moneys and each State must make 25% of

its moneys available to local governments. State grant moneys are

available for 3 fiscal years. For purposes of allocations, the following are treated as States: (1) the District of Columbia; (2) the

five inhabited territories with the allocation divided based on population; and (3) Indian tribes and Alaska Native Corporations with

the allocation awarded through a competitive grant program administered by the Secretary of the Interior.

Section 204. State planning

Subsection 204(a). State and action agenda

Subsection (a) amends section 6(d) of the LWCF Act to replace

the existing requirement for a State Comprehensive Outdoor Recreation Plan with a State Action Agenda. Each State is to develop a

State Action Agenda within 5 years after the enactment of H.R.

701. A State Action Agenda must: identify the responsible State

agency; the priority and criteria for determining which outdoor

recreation projects are to receive LWCF state-side grants; and provide for public participation. The State Action Agenda should focus

on strategic, long-term goals, along with actions that can be funded

in a 5 year period and be coordinated with other recreation providers.

Subsection 204(b). Conforming amendments

Subsection (b) makes conforming amendments to the LWCF Act

to replace references to the ‘‘State comprehensive plan’’ to the

‘‘State Action Agenda’’.

Section 205. Assistance to States for other projects

Section 205 amends section 6(e) of the LWCF Act to eliminate a

prohibition on using LWCF State grants to cover costs relating to

land acquisition and authorize the use of LWCF state-side grant

moneys to enhance public safety within a park or recreation area.

Section 206. Conversion of property to other use

Section 206 amends section 6(f)(3) of the LWCF Act to clarify the

circumstances under which the Secretary of the Interior may approve the conversion of property acquired or developed with LWCF

moneys to a purpose other than outdoor recreation.
44

Section 207. Federal land acquisition

Subsection 207(a). Federal land acquisition projects

Subsection (a) amends section 7(a) of the LWCF Act to establish

a process for determination of the Federal lands to be acquired

each year. The President is to submit a priority list, in conjunction

with the Federal budget, identifying the lands proposed to be acquired in the coming fiscal year. This list is to reflect the land acquisition priorities of the Secretaries of the Interior and Agriculture. In turn, the Secretaries should consider, for lands they

seek to acquire, the use of land exchanges and conservation easements. The Secretaries also should seek to consolidate Federal land

ownership in a State. The Secretaries must consult with the Governors of the States in which they are considering acquiring land

and take into account the Governors’ recommendations and concerns.

The President’s priority land acquisition list also must be submitted to the Senate Energy and Natural Resources Committee

and the House Resources Committee. In addition, the President

must provide the Committees the specific statutory authority for

each proposed land acquisition, along with a list of all acquisitions

during the prior fiscal year. The Energy and Natural Resources

Committee has until May 1 to review the list and submit its Federal land acquisition recommendations to the Senate Appropriations Committee.

Subsection 207(b). Acquisition restrictions

The subsection amends section 7(b) of the LWCF Act to clarify

the limitations on the expenditure of LWCF moneys for Federal

land acquisitions. First, no Federal land acquisition can occur unless the acquisition is approved in an appropriations Act. Second,

appropriations from the fund may not be used for land acquisition

unless it is otherwise authorized by law, including site specific authorizations and general authorities such as the Wild and Scenic

Rivers Act, National Trails System Act, Weeks Act, or National

Wildlife Refuge System Act.

Third, no Federal land acquisition with LWCF moneys can occur

unless there is a willing seller or it is conducted in a manner consistent with the acquisition’s authorization.

TITLE III—WILDLIFE CONSERVATION AND RESTORATION

Section 301. Definitions

Section amends section 2 of the Federal Aid in Wildlife Restoration Act (also known as the Pittman-Robertson Act) so that the

definitions are in alphabetical order. It also adds definitions for the

following terms—conservation, wildlife, wildlife-associated recreation, wildlife conservation and restoration program, and wildlife

conservation education.

Section 302. Wildlife and conservation and reinvestment account

This section amends section 3 of the Federal Aid in Wildlife Restoration Act to establish a subaccount known as the ‘‘Wildlife Conservation and Restoration Account’’ into which $350 million in

qualified OCS receipts are transferred annually from the Conserva-
45

tion and Reinvestment Act Fund. Amounts in the Wildlife Conservation and Restoration Account are to be in addition to existing

State funds made available under the Federal Aid in Wildlife Restoration Act and the Federal Aid in Sportfish Restoration Act. Such

funds are to be used to develop and administer a State or Indian

tribe’s wildlife conservation and recreation program and wildlife

conservation strategy with priority given to wildlife species with

the greatest conservation need.

Section 303. State apportionments

Section 303 amends section 4 of the Federal Aid in Restoration

Act to add three new subsections addressing: (1) allocation of Wildlife Conservation and Restoration Account funds; (2) elements of a

wildlife conservation and restoration program; and (3) requirements for a wildlife conservation strategy.

Apportionment of wildlife conservation and restoration account

New subsection (c) establishes how moneys in the Wildlife Conservation and Restoration Account are to be allocated. First, not

more than 2 percent of the moneys may be deducted for administrative expenses incurred by the Secretary of the Interior. Second,

allocations are made to the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands,

and the Commonwealth of the Northern Mariana Islands and Federally recognized Indian tribes. Third, the remainder is to be allocated among the 50 States based one-third a State’s land area and

two-third’s based on a State’s population with each State receiving

at least one percent of this amount. No State is to receive more

than five percent of the total funding nor less than one percent.

Wildlife conservation and restoration program

New subsection (d) addresses the requisite elements of a wildlife

conservation and restoration program. To receive funds from the

Wildlife Conservation and Restoration Account, a State must prepare a wildlife conservation and restoration program that: (1)

makes the fish and wildlife department of the State responsible for

the program; (2) provides for the development and implementation

of wildlife conservation projects, wildlife associated recreation programs and wildlife conservation education projects; and (3) ensures

public participation in the development, revision, and implementation of this program. If a program contains these 3 elements, the

Secretary of the Interior is to approve the program and set aside

the State’s allocation from the Wildlife Conservation and Restoration Account.

The Secretary is to make payments on projects contained in a

State’s wildlife conservation and restoration program of up to 75

percent of the estimated cost of the projects. Not more than ten

percent of the amounts apportioned to each State may be used for

wildlife-associated recreation or law enforcement. These requirements apply to all 50 States, the District of Columbia, the territories, and Federally recognized Indian tribes choosing to receive

funds from the Wildlife Conservation and Restoration Account.
46

Wildlife conservation strategy

In addition to preparing and implementing a wildlife conservation and restoration program, within 5 years, a State receiving an

allocation from the Wildlife Conservation and Restoration Account

is to develop and implement a wildlife strategy as detailed in new

subsection (e). The wildlife strategy is to be based on the best scientifically available information and data and include: the distribution and abundance of wildlife species in the State; the condition

of species’ habitats; adverse affects on species and their habitats;

actions to conserve species and their habitats; monitoring of species

and their habitats; provision for 10 year review of the strategy; and

intergovernment coordination in the preparation of the strategy.

TITLE IV—URBAN PARK PROGRAM

Section 401. Treatment of amounts transferred from Conservation

and Reinvestment Act fund

This section amends section 1013 of the Urban Park and Recreation Recovery (UPARR) Act to specify that amounts transferred

from the Conservation and Reinvestment Act Fund are available

for obligation and expenditure without further appropriation and

without fiscal year limitation. Up to 4% of the amount transferred,

is available to cover the Secretary’s administrative costs. The remainder is available for grants to eligible local governments with

the following limitations: no more than 3% may be used for grants

for the development of recovery action programs; no more than 10%

may be used for innovation grants; and no more than 15% may be

provided as grants in any one State. The Secretary of the Interior

shall establish a limit on the portion of any grant, not to exceed

25 percent, which can be used for grant and program assistance.

Section 402. Authority to develop new areas and facilities

Section 402 amends section 1003 of the UPARR Act to specify

that one of the purposes of the UPARR program is the development

of new recreation areas and facilities, including the acquisition of

land.

Section 403. Definitions

This section amends section 1004 of the UPARR Act to add definitions of the terms ‘‘development grants’’ and ‘‘Secretary’’.

Section 404. Eligibility

Thie section amends section 1005(a) of the UPARR Act to expand

the definition of local governments eligible to receive UPARR

grants to include any city or town with a minimum population of

50,000 and any county, parish or township with a minimum population of 250,000.

Section 405. Grants

Subsection 1006(a) of the UPARR Act is amended to eliminate

the references to grants as ‘‘rehabilitation and innovation’’ grants.

Section 406. Recover action programs

Section 406 amends section 1007(a) of the UPARR Act on the requirements of recovery action programs which prepared by local
47

governments to reflect the program’s expansion to allow these

grants to be used for development of new recreation areas and facilities.

Section 407. State action incentives

This section amends section 1008 of the UPARR Act to add a

new subsection (b) that encourages eligible local governments to coordinate preparation of recovery action programs with State strategic action agendas prepared to meet the requirements of the

Land and Water Conservation Fund Act. Further, the Secretary of

the Interior is to encourage the States to consider recovery action

programs when preparing and updating their State agendas.

Section 408. Conversion of recreation property

This section amends section 1010 of the UPARR Act to clarify

the circumstances under which the Secretary of the Interior may

approve the conversion of property acquired or developed with

UPARR grants moneys to a purpose other than outdoor recreation.

These circumstances are similar to the requirements imposed by

section 6(f)(3) of the Land and Water Conservation Act regarding

conversion of property acquired or developed with moneys made

available under that Act.

Section 409. Repeal

This section repeals sections 1014 and 1015 of the UPARR Act.

Section 1014 prohibits the use of UPARR grants to acquire land

and section 1015 concerns expired reporting requirements.

TITLE V—HISTORIC PRESERVATION FUND

Section 501. Historic preservation fund amendments

Section 501 amends section 108 of the National Historic Preservation Act to add new subsections (c), (d), and (e), and to make conforming changes. New subsection (c) provides that the $150 million

transferred to the Secretary of the Interior each year for use in accordance with this title shall be available for obligation and expenditure without further appropriation and without fiscal year

limitation.

New subsection (d) states that of amounts in the Historic Preservation Fund, $150 million shall be made available each year, without further appropriation, as follows: $75 million is available for

State, local, and tribal historic preservation programs as provided

in section 101(b), (c), and (d) of the National Historic Preservation

Act; and $15 million is available for the American Battlefield Protection Program that protects battlefield threatened with development. The remainder—$60 million—shall be used to carry out the

National Historic Preservation Act, except that at least $30 million

is to be used for preservation projects on historic properties or archaeological sites in accordance with the National Historic Preservation Act, with priority given to the preservation of endangered

Federal historic properties or archaeological sites.

New subsection (e) establishes a process for Congress to review

and modify the President’s proposed expenditure of the $60 million

made available under subsection (d)(2)(C). Paragraph (1) requires

the President to include in the annual budget proposal a list of pro-
48

grams to be funded under subsection (d)(2)(C). The subsection also

makes clear that the President can propose to use part of the remainder funds as additional funding for State, local governmental,

and tribal historic preservation programs, above the $75 million

provided in subsection (d)(2)(A).

Paragraph (2) states that except as provided in paragraph (3), no

funds may be obligated or expended for any of the programs identified above unless approved in an appropriations Act.

Paragraph (3) provides that if the Congress adjourns for the year

without appropriating the full amount made available under subsection (d)(2)(C), the Secretary of the Interior is directed, 15 days

after the date of the sine die adjournment, to obligate and expend

the difference between the full amount made available ($60 million) and the amount actually appropriated. The Secretary is authorized to obligate and expend these funds without further appropriation, but only for the following purposes: to provide additional

funding for State, local governmental, and tribal preservation programs or to fund preservation projects on endangered Federal historic properties or archaeological sites.

Section 502. American Battlefield Protection Program amendments

Section 502 makes three amendments to the American Battlefield Protection Act of 1996. Section 1(c)(2) of the Act, which authorizes the Secretary of the Interior to provide financial assistance

of further the protection of threatened battlefields, is amended to

require that priority for financial assistance for the preservation of

Civil War battlefields be given to sites identified as Priority 1 battlefields in the ‘‘Civil War Sites Advisory Commission Report on

the Nation’s Civil Was Battlefields’’ issued in 1993.

Section 1(d) of the American Battlefield Protection Act is amended to delete the $3 million annual authorization ceiling and provide

a general authorization, since $15 million will be made available

each year under the Conservation and Reinvestment Act.

Section 1(e) of the American Battlefield Protection Act is repealed. Subsection (e) terminates the battlefield protection program

in 2006. However, this date superseded by the date funding will

terminate under the Conservation and Reinvestment Act, which is

2015.

TITLE VI—NATIONAL PARK AND INDIAN LAND RESTORATION PROGRAMS

Section 601. National System resource protection

Section 601 authorizes a program to protect threatened resources

in units of the National Park System.

Subsection 601(a). Amount transferred from the Conservation

and Reinvestment Act Fund

Subsection (a) states that $100 million shall be available to the

Secretary of the Interior each year for obligation and expenditure

in accordance with this section without further appropriation and

without fiscal year limitation.

Subsection 601(b). Uses

Subsection (b)(1) provides that the moneys transferred under this

section shall only be used to protect significant natural, cultural,
49

or historical resources at units of the National Park System that

or threatened or are in need of stabilization. Paragraph (2) authorizes the Secretary of the Interior to enter into cooperative agreements with State and local governments and other public and private organizations to carry to the purposes of this section. Paragraph (3) precludes using funds transferred under this section for

land acquisition, salaries of permanent National Park Service employees, road construction, new visitor centers, routine maintenance, or specific projects which are funded under the Recreational

Fee Demonstration Program. The functions and programs listed in

this paragraph are funded through other revenue distribution programs.

Subsection 601(c). Priority list

Subsection (c) requires the President to include in the annual

budget proposal priority list for projects to be funded under this

section. Copies of the proposal are also required to be transmitted

to the Senate and House authorizing committees. In preparing the

list, the President is directed to give priority to projects which are

identified in park unit’s general management plan, are included in

authorized environmental restoration projects, or are identified by

the Secretary of the Interior as necessary to prevent immediate

damage to park’s natural, cultural, or historical resources, or to

protect public health or safety.

Subsection 601(d). Funding

Subsection (d)(1) provides that except as provide in paragraph

(2), no money may be obligated or expended during a fiscal year

under this section unless approved in an appropriations Act. Paragraph (2) provides that if Congress adjourns for the year without

appropriating the full amount made available under subsection

(d)(2)(C), the Secretary of the Interior is directed, 15 days after the

date of the sine die adjournment, to obligate and expend the difference between the full amount made available ($100 million) and

the amount actually appropriated. The Secretary is authorized to

obligate and expend these funds without further appropriation, in

accordance with the priority list submitted pursuant to subsection(c).

Section 602. Indian lands restoration

Section 602 authorizes a program to assist Indian tribes in the

protection and restoration of tribal lands.

Subsection 602(a). Amounts transferred from the Conservation and Reinvestment Act Fund.

Subsection (a) states that $25 million shall be available to the

Secretary of the Interior each year for obligation and expenditure

in accordance with this section without further appropriation and

without fiscal year limitation.

Subsection 602(b). Competitive grants to Indian tribes.

Subsection (b)(1) directs the Secretary of the Interior to administer a competitive grant program for Indian tribes to assist in the

restoration of degraded lands, resource protection, or for the protection of public health and safety on tribal lands. The Secretary is
50

directed to develop the competitive grant program in consultation

with Indian tribes. In awarding grants, priority grants, priority is

to be given to projects based on the significance of the resources to

be protected, the severity of damages or threats to resources, and

the protection of public health and safety. Paragraph (2) provides

that no tribe may receive more than 10 percent of the amounts

made available for grants under this section. Paragraph (3) defines

the term Indian tribe to include those recognized by the Secretary

as an Indian tribe under section 104 of the Federally Recognized

Indian Tribe List Act, or in the case of Alaska, an Alaska Native

Corporation.

TITLE VII—CONSERVATION EASEMENTS AND RURAL DEVELOPMENT

Section 701. Farm and Ranch Land Protection Program

Section 701 establishes a Farm and Ranch Land Protection Program within the Department of Agriculture. Section 388 of the Federal Agriculture Improvement and Reform Act of 1996 (the 1996

Farm Bill) provided a one-time authorization and funding for a

similar program, as did the Agricultural Risk Protection Act of

2000.

Subsection 701(a). Establishment

Subsection (a) authorizes the Secretary of Agriculture to establish a farm and ranch land protection program to protect prime or

unique farm, ranch, and forest lands by limiting nonagricultural

use. The Secretary is to provides matching grants for the acquisition of permanent conservation easements or other interests in

such agricultural land when the land is subject to a pending State

or local government offer.

Subsection 701(b). Conservation plan

Subsection (b) provides that a conservation plan must be prepared for highly erodible land purchased with moneys from the

Conservation and Reinvestment Act Fund. The plan may require,

at the option of the Secretary of Agriculture, the conversion of the

land to less intensive uses.

Subsection 701(c). Maximum Federal share

Subsection (c) provides that no more than 50 percent of the total

cost of a conservation easement may be paid by the Federal Government.

Subsection 701(d). Eligible entity defined

Subsection (d) provides that eligible entities, those entities which

may receive farm and ranch land protection grants, are defined to

include: State and local agencies; Federally recognized Indian

tribes; or nonprofit conservation organizations.

Subsection 701(e). Title; enforcement

Subsection (e) provides that eligible entities may hold title to a

conservation easement purchased using farm and ranch land protection grants and enforce conservation requirements of the easement.
51

Subsection 701(f). State certification

Subsection (f) provides that to receive a farm and ranch land protection grant, the attorney general of the State in which the conservation easement is purchased must certify that conservation

easement will result in farmland protection.

Subsection 701(g). Willing seller

Subsection (g) mandates that conservation easements can be purchased only from willing sellers.

Subsection 701(h). Technical assistance

Subsection (h) provides that up to 10 percent of the funds provided from the Conservation and Reinvestment Act Fund are available for technical assistance by the Secretary of Agriculture.

Subsection 701(h). Funding

Subsection (h) provides that moneys from the Conservation and

Reinvestment Fund are available to the Secretary of Agriculture

for obligation or expenditure without further appropriation and

without fiscal year limitation.

Section 702. Forest Service rural development

Section 702 amends the Cooperative Forestry Assistance Act of

1978 to establish a Rural Development program within the Department of Agriculture. The Rural Development program is to assist

rural communities in developing sustainable rural economies. Such

a program has been established under the provisions of annual appropriates authorities since 1989. Funds from the Conservation

and Reinvestment Act are available to the Secretary of Agriculture

for this purpose without further appropriation and without fiscal

year limitation.

Section 703. Non-federal lands of regional or national interest

Subsection 703(a). Competitive grant program

Subsection (a) authorizes the Secretary of the Interior to make

grants to States for the conservation of non-Federal lands of clear

regional or national interest. In making grants, the Secretary is to

consider how conservation projects will conserve the natural, historic, cultural, or recreational values of non-Federal lands and give

preference to projects that: seek to protect ecosystems; are developed with other States; complement conservation or restoration

programs on Federal lands; demonstrate public participation in

project proposal; or are supported by neighboring communities.

Grants may not exceed 50 percent of the cost of the project.

Subsection 703(b). Authorized projects

Subsection (b) requires congressional authorization of conservation projects where the Federal contribution will exceed $1 million

Subsection 703(c). Authorization of appropriations

Subsection (c) authorizes appropriations to carry out this section.
52

Sec. 704. Mapping existing conservation easements

Subsection 704(a) . Deadline for completion

Subsection (a) provides that within 4 years of enactment of the

Conservation and Reinvestment Act, the Secretary of the Interior

is to complete the mapping of all conservation easements to protect

wetlands acquired by the Fish and Wildlife Service before 1977.

Subsection 704(b). Authorization of appropriations

Subsection (b) authorizes appropriations to carry out this section.

COST AND BUDGETARY CONSIDERATIONS

The following estimate of the cost of this measure has been provided by the Congressional Budget Office:

U.S. CONGRESS,

CONGRESSIONAL BUDGET OFFICE,

Washington, DC, September 1, 2000.

Hon. FRANK H. MURKOWSKI,

Chairman, Committee on Energy and Natural Resources, U.S. Senate, Washington, DC.

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 701, the Conservation

and Reinvestment Act.

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

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

Sincerely,

BARRY B. ANDERSON

(For Dan L. Crippen, Director).

Enclosure.

H.R. 701—Conservation and Reinvestment Act

Summary: Assuming appropriation action consistent with the

act, CBO estimates that implementing H.R. 701 would cost about

$1 billion in fiscal year 2002 and a total of $8.7 billion over the

2002–2005 period. H.R. 701 would not affect direct spending or receipts; therefore, pay-as-you-go procedures would not apply.

The legislation contains no intergovernmental or private-sector

mandates as defined in the Unfunded Mandates Reform Act

(UMRA). The spending authorized by the act would include grants

for state, local, and tribal governments. Any costs incurred by these

governments to meet the conditions of assistance would be voluntary.

Major provisions: H.R. 701 would establish the Conservation and

Reinvestment Act (CARA) fund within the Treasury. Beginning in

fiscal year 2001, the Secretary of the Treasury would make annual

deposits into this fund of about $3 billion from oil and natural gas

royalties and other income derived from exploration and development of the Outer Continental Shelf (OCS). Each year thereafter,

the Secretary would transfer this money to other federal funds and

accounts for land conservation, acquisition, management, and other

activities. The amounts transferred from the CARA fund would be

available without further appropriation, except that no transfers

would be made in any year in which less than $450 million is made
53

available for federal land acquisition in appropriations acts. (That

minimum appropriation level would be reduced in any year that

there are not enough OCS receipts to make all of the authorized

deposits to the CARA fund.) As a result, all spending from the new

fund would be contingent upon the magnitude of future appropriations.

Estimated Cost to the Federal Government: The estimated budgetary impact of H.R. 701 is shown in the following table. The costs

of this legislation fall within budget functions 300 (natural resources and the environment), 450 (community and regional development), and 800 (general government).

No amounts have been included in this estimate for the program

authorized by section 703. This section would authorize the appropriation of whatever amounts are necessary to provide grants to

states for the conservation of nonfederal lands. The program would

cover a broad range of projects nationwide and could cost as much

as several hundred million dollars annually, but CBO has no basis

for estimating the size of this program.

By fiscal year, in million of dollars—

2000 2001 2002 2003 2004 2005

SPENDING SUBJECT TO APPROPRIATION

Spending under current law:

Budget authority 1 ............................................................... 677 0 0 0 0 0

Estimated outlays ................................................................ 618 396 145 45 4 2

Proposed changes:

Estimated authorization level ............................................. 0 0 3,004 3,015 3,029 3,044

Estimated outlays ................................................................ 0 0 1,022 2,037 2,680 2,980

Spending under H.R. 701:

Estimated authorization level 1 ........................................... 677 0 3,004 3,015 3,029 3,044

Estimated outlays ................................................................ 618 396 1,167 2,082 2,684 2,982

1 The amount shown for 2000 includes appropriations for land acquisition ($467 million), historic preservation ($75 million), and payments

in lieu of taxes ($135 million). Funding for 2001 has not been enacted yet; the higher spending levels authorized under H.R. 701 would not begin until 2002.

Basis of estimate

For this estimate, CBO assumes that H.R. 701 will be enacted

near the beginning of fiscal year 2001 and that receipts from OCS

activities will be sufficient to finance the entire amounts specified

to be deposited into the CARA fund each year. We also assume that

$450 million for federal land acquisition will be appropriated each

year—triggering the appropriation of the roughly $3 billion total

funding under the bill for each year—and that the Congress will

determine that the budgetary conditions specified in section 9 of

the legislation have been met. (Section 9 concerns the potential

diminution of benefits under certain federal entitlement programs

and the existence of an on-budget surplus.) Outlays for all programs have been estimated on the basis of existing similar activities.

CARA fund

Beginning in fiscal year 2002, H.R. 701 would authorize transfers

of OCS receipts from the CARA fund of about $3 billion, allocated

to activities and programs as follows:

A total of $805 million to the Department of Commerce

(DOC) and the Department of the Interior (DOI) for coastal

area programs, including payments to coastal states to miti-
54

gate the effects of OCS activities ($430 million), grants for

ocean and coastal conservation programs ($350 million), and

spending to protect coral reefs ($25 million);

Up to $900 million to the Land and Water Conservation

Fund for federal and state land acquisition;

A total of $575 million to provide additional funding for existing DOI grant programs, including the urban parks and

recreation program ($75 million) and historic preservation fund

($150 million) operated by the National Park Service (NPS),

and federal wildlife restoration ($350 million) administered by

the U.S. Fish and Wildlife Service (USFWS);

$125 million to DOI for the protection of NPS and tribal resources, including the restoration of degraded lands and related maintenance projects;

A total of $200 million to the Forrest Service for forestry programs, rural assistance, and farm and ranch land protection;

$60 million to DOI and the Forest Service for the Youth Conservation Corps; and

Such sums as are necessary to DOI to fully finance payments

to local governments in lieu of taxes (an estimated $337 million

in 2002, rising to $379 million in 2005).

Under section 2, none of these funds could be transferred to

other accounts for federal spending in any year unless at least $450

million is appropriated for that year for federal land acquisition.

Because the availability of those funds each year would be contingent on such appropriation action, all of the spending of the

amounts transferred from the CARA fund would be treated as discretionary spending. Under current budget procedures, if the obligation of certain funds is contingent on the enactment of a subsequent appropriation, then the cost of such spending is attributed to

the subsequent appropriation. H.R. 701 would create such a contingency for obligating amounts in the CARA fund.

Other discretionary spending

Included in this estimate is about $7 million over the next 10

years for the USFWS to complete a map of all conservation easements acquired by the agency before 1977 to protect wetlands. The

agency would be required to complete the map by title VII of the

legislation, which also would authorize the appropriation of whatever amounts are necessary for this purpose.

Title VII also would authorize the appropriation of whatever

sums are necessary for a new federal program to make grants to

states for the conservation of nonfederal lands of regional or national interest. CBO cannot estimate the costs of implementing this

grant program because there is no basis for determining its size.

Depending on the scope of this new program, it could cost several

hundred million dollars annually.

Pay-as-you-go considerations: The Balanced Budget and Emergency Deficit Control Act sets up pay-as-you-go procedures for legislation affecting direct spending and receipts. This version of H.R.

701 would not be subject to such procedures because all spending

under the bill would be subject to appropriation action.

As noted above, section 2 of H.R. 701 would allocate OCS receipts to a variety of federal programs. Subsection 2(f) states:
55

‘‘Notwithstanding any provision of this act making funds available without further appropriation, no amounts from the Conservation and Reinvestment Act Fund shall be transferred under this

section during any fiscal year until the Congress has made available $450,000,000 (or such lesser amount as may be required by

subsection (e)) for federal land acquisition under section 5 of the

Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l– 7) during such fiscal year in an act making appropriations.’’ Thus, only an annual appropriation of at least $450 million

would trigger the CARA transfers in a particular year, making the

spending of those funds discretionary (i.e., subject to controls on

discretionary spending and not subject to pay-as-you-go procedures).

REGULATORY IMPACT EVALUATION

In compliance with paragraph 11(b) of rule XXVI of the Standing

Rules of the Senate, the Committee makes the following evaluation

of the regulatory impact which would be incurred in carrying out

H.R. 701. The bill is not a regulatory measure in the sense of imposing Government-established standards or significant economic

responsibilities on private individuals and businesses.

No personal information would be collected in administering the

program. Therefore, there would be no impact on personal privacy.

Little, if any, additional paperwork would result from the enactment of H.R. 701 as ordered reported.

EXECUTIVE COMMUNICATIONS

Formal Executive agency views were not requested on H.R. 701,

as referred to the Committee on Energy and Natural Resources.

George Frampton, acting Chair of the Council on Environmental

Quality, testified before the Committee on related legislation on

May 11, 1999. Mr. Frampton’s testimony follows:

STATEMENT OF GEORGE T. FRAMPTON, JR., ACTING CHAIRMAN, COUNCIL ON ENVIRONMENTAL QUALITY, EXECUTIVE

OFFICE OF THE PRESIDENT

Mr. Chairman, Senator Bingaman, distinguished Members of the Committee:

I am pleased to have the opportunity to appear before

you today to discuss the President’s Lands Legacy Initiative and related legislation—including S. 25, S. 446, S.

532, S. 819—as well as the interaction of the Council on

Environmental Quality with agencies under the Committee’s jurisdiction—the Department of the Interior, the Department of Energy, and the U.S. Forest Service.

Let me turn first to the Lands Legacy Initiative. The

overall goal of the President’s proposal is to enable this

and future generations to protect irreplaceable pieces of

our Nation’s natural endowment within easy reach of

every American through the establishment of a permanent

fund. Achieving this goal is one of the President’s highest

priorities, and the bills pending before this Committee

strongly suggest that this aim enjoys broad bipartisan support in this Congress.
56

While it is not my purpose today to either support or oppose any of the bills pending before the Committee, I

pledge the Administration’s willingness to work diligently

an in good faith with you, and with other Senators and

Congressmen dedicated to these issues, so that together

we may achieve this goal. Legislation for this purpose that

can be widely supported and signed by the President

would be a truly historic achievement on behalf of the citizens we work for—an achievement that I believe to be

within our grasp.

I would like to begin our work together by outlining the

President’s Lands Legacy proposal.

Congress enacted the Land and Water Conservation

Fund in 1864 ‘‘to assist in preserving, developing, and assuring accessibility to all citizens of the United States of

present and future generations * * * outdoor recreation

resources * * * by (1) providing funds for and authorizing

federal assistance to the states in planning, acquisition

and development of needed land and water areas and facilities, and (2) providing funds for the federal acquisition

and development of certain lands and other areas.’’ Historically, as you are well aware, our efforts too often have

fallen short of these commendable goals.

We believe the time has come to establish a permanent

funding mechanism to ensure that Congress’ vision is fulfilled, and to adapt this vision to meet new conservation

challenges. More specifically, we believe that while there

must continue to be a strong federal role in the protection

of our natural resources—particularly resources of national

significance that can not be adequately safeguarded at the

state or local level—there is growing need and demand for

additional assistance to states, tribes, and communities

struggling to preserve local green spaces that grow scarcer

every day. These needs range from keeping the urban environment healthy to preserving suburban greenways to

saving threatened farmland.

Accordingly, we propose creation of a permanent fund of

a least $1 billion a year for the protection of open space

and natural resources, with at least half of the funding

dedicated to assisting state and local efforts.

We strongly believe that certain natural and historic

sites and deserving of—and are most approximately safeguarded by—federal protection. For instance, at the Administration’s request, Congress last year appropriated

funds for completion of the Appalachian Trail, the Nation’s

longest footpath, extending from Georgia to Maine. Our

priorities for fiscal year 2000 include acquisitions within

the around Mojave and Joshua Tree National Parks; forests in Big Sur and Northern Florida; protection of lands

along the historic Lewis and Clark Trail and the Pacific

Coast Trail; and acquisitions within Civil War battlefields,

including Gettysburg and Antietam. It is imperative that

we provide a secure foundation for continuing such efforts

in the years ahead.
57

However, natural resource protection is not, and cannot

be, the exclusive province of the federal government. Many

conservation needs are most appropriately addressed at

the state or local level, both because the resources can be

managed without direct federal involvement, and because

certain conservation priorities are best set by communities

themselves. Each community faces unique conservation

challenges, and no one solution can be dictated from Washington. Rather, the federal government can provide funds

that can be leveraged by states and local governments, and

an array of tools that communities can choose from to

meet their particular needs. For instance, outright acquisition is not always the right approach; often, conservation

easements, funds to restore existing urban parks, or easements or loans to keep working forests working can more

efficiently meet a community’s needs.

The President’s Lands Legacy proposal provides increased funding for a full complement of programs to assist state, tribal, and local governments in meeting a range

of conservation needs: matching grants for acquisition of

land or easements; matching grants for open space planning; grants to preserve wildlife habitat and support collaborative efforts to protect endangered species; matching

grants and technical assistance to enhance urban forests

and restore parks in economically distressed urban communities; matching grants for conservation easements on

forests and farmland; and grants for coastal environmental

protection, conservation, and restoration.

There is a remarkable degree of common ground between the broad framework of the President’s proposal,

which I have just outlined, and the legislative proposals

before this Committee. Many if not all of the goals I have

articulated are addressed in that legislation. I am confident that we can work productively with the Congress to

arrive at a formula that fulfills the vision of the President’s Lands Legacy Initiative.

I must be clear, however, on certain issues where we

have serious concerns. The Administration cannot support

legislation that unreasonably restricts the use of funds for

federal land acquisition; that does not provide sufficient

guidance to ensure that funding is spent in a manner consistent with environmental values and without any risk of

environmental harm; or that provides incentives for additional oil and gas drilling in federal offshore waters.

Attached to this testimony is a more detailed set of legislative principles that will guide the Administration as we

work with you, as well as an interagency budget cross-cut

of the funding requested in the President’s 2000 budget to

support the Lands Legacy Initiative.

I believe there may be some confusion over the interaction between the President’s fiscal year 2000 budget and

the Lands Legacy Initiative. We recognize that the pending legislation anticipates establishment of a permanent

funding mechanism beginning in fiscal year 2000. That is

a goal that we share, and we will work hard to accomplish
58

it before September 30 of this year. However, in preparing

the 2000 discretionary budget we needed to recognize the

possibility that such legislation will not be completed in

that time frame.

The President’s budget submission ensures that funding

for current and proposed programs for natural resources

protection remains available beyond fiscal year 2000 within the context of a balanced discretionary budget, should

permanent funding legislation be delayed. The Budget assumes appropriations funding these programs in fiscal

year 2000, and that we will seek permanent funding beginning in fiscal year 2001. As you will see from the cross-cut,

that budget would provide increased levels of funding over

fiscal year 1999 appropriations in certain key areas.

It is, by its nature, reflective of the agencies’ current

statutory spending authority. It should not be viewed as

an inflexible Administration position on the construction of

a permanent funding mechanism, but rather as an outline

of those purposes for which we believe funding ultimately

should be available on a permanent side of the ledger.

Should permanent funding be provided for programs now

reflected in the discretionary budget, the proposed increases in funding would no longer be required in the discretionary budget. Conversely, those programs that do not

move to permanent funding would require continued funding at requested levels in the discretionary budget in order

to ensure that their important purposes are carried out.

Let me conclude the discussion of Lands Legacy by repeating that the Administration is here to work long and

hard with you to build on the considerable common ground

we have, and to find a way to do what the public clearly

wants us to do—leave a legacy of financial resources adequate to protect our Nation’s natural treasures.

I’d like briefly to address the other issue raised by the

Committee’s invitation letter—CEQ’s role with respect to

agencies within the Committee’s jurisdiction. CEQ was

created by the Congress in 1969 to advise the President on

the long-term direction of environmental policy, to coordinate the environmental work of the federal family, and to

oversee implementation of the National Environmental

Policy Act (NEPA).

CEQ is to make sure that federal agencies are working

together, not at cross purposes, and to referee disputes between the agencies. Congress envisioned CEQ as a ‘‘neutral’’ arbiter free of ‘‘agency bias’’—that is, commitment to

a particular regulatory approach or agency mission. As

such, CEQ can ensure that the broadcast set of environmental goals is being advanced.

CEQ also is charged with an even broader mandate: to

make sure that in the articulation and implementation of

the Nation’s environmental program, economic and social

imperatives are fully taken into account. Sound environmental strategy that is based on good science, and is

broad-based rather than parochial in scope—this, I believe,

was the vision of Congress.
59

A parallel vision embodied in NEPA is that federal agencies should make important decisions affecting the environment in a democratic way, only after a thorough examination of the likely impacts of alternative courses of action. By putting sound information before the public and

government managers, informed public input to such decisions would be guaranteed.

Both of these visions—coordination and balance, and informed democratic decision making—remain cornerstones

of the Nation’s environmental policy making and of CEQ’s

work with the agencies, including those within the Committee’s jurisdiction.

I would be pleased to answer the any questions the

Committee may have.

STATEMENT OF ADMINISTRATION PRINCIPLES LANDS LEGACY

LEGISLATION FOR FY 2001 AND BEYOND

Legislation must create a permanent funding stream, within the context of a balanced budget, of at least $1 billion annually beginning in fiscal year 2001.

Legislation should specify a generally equal allocation of

funding between (1) federal land acquisition; and (2) funding for state, local, and tribal governments to acquire, protect, or restore open space, greenways, urban and community forests and parks, wildlife habitat, coastal wetlands,

farmland protection and sustainable forests.

Legislation should provide funding for various tools for

state, local, and tribal communities to protect their open

space and natural resources in the manner most appropriate to their area, including the ability to acquire less

than fee simple interest in land. The range of tools and

programs should be similar in scope to those proposed in

the President’s Budget for FY 2000.

Legislation should protect wildlife by providing funding

to support the health and diversity of habitat for at-risk

and nongame species.

Legislation should provide support for open space planning that is integrated with other planning, land protection, and smart growth efforts. Funding to states and

tribes for planning must encourage consideration of open

space preservation, habitat protection, and the identification of appropriate corridors for growth.

In recognition of the unique environmental needs of

coastal states, legislation should include specific programs

and partnerships designed to assist in coastal environmental protection, conservation, and restoration. The

range of tools and programs should be similar in scope to

those proposed in the President’s Budget for FY 2000. This

allocation must be equitable considering the national

needs of all states, and should not preclude the coastal

states from competing for the other general grants available to all states.

Legislation must provide incentives for leveraging the

federal funding to state, local, and tribal governments to

the maximum extent possible through matching funds, and
60

partnerships with governmental or private, non-governmental entities including land trusts.

The program established by the legislation should contain no incentive for additional offshore oil or gas exploration or development, which should continue to be governed solely by existing law and procedures.
61
(62)

MINORITY VIEWS OF SENATOR DOMENICI

I oppose the Conservation and Reinvestment Act (CARA), H.R.

701, as reported by the Committee on Energy and Natural Resources. CARA would create almost $2.5 billion annually in new

entitlement spending for each of the next 15 years—a total of $37.5

billion. By creating vast new entitlement programs, CARA has significant implications for the rest of the federal budget. I also take

issue with the policy direction embodied in this legislation, particularly the ceding of substantial power over local land use to cabinet

officials and agencies of the executive branch.

Entitlement spending is the largest and fastest growing segment

of the federal budget. New entitlement spending, without associated reductions in other entitlement programs, will only serve to

make the task of controlling the cost of government and reducing

federal debt more difficult.

During the Energy and Natural Resources Committee markup of

HR 701, the question of the funding mechanism was raised. Staff

indicated that the funding under this bill would subject to appropriation. While it is true that $450 million for federal land acquisition would be subject to annual appropriations, once that appropriation is enacted, $2.5 billion in mandatory spending will be

automatically triggered each year. The $2.5 billion will be spent as

it is mandated under CARA. It will automatically go to the following programs in these amounts: $780 million for coastal impact

assistance, $25 million for coral reef protection, $450 million for

state Land and Water Conservation Fund, $350 million for PILT,

$350 million for wildlife conservation and restoration, $75 million

for urban parks, $150 million for historic preservation, $125 million

for National Park and Indian land restoration, $50 million for the

Forest Legacy program, $50 million for the Farm and Ranchland

Protection program, $25 million for the Rural Development program, $25 million for the Rural Community Assistance program,

$60 million for the Youth Conservation Corps.

I strongly support many of these programs as they are currently

authorized, and I would support this legislation if all of the spending remained subject to the annual appropriations process. The

PILT program is vitally important to sustain services provided by

county governments throughout the country, especially in those

areas in Western states that are dominated by federal land. Funding for urban parks and historic preservation is greatly needed to

help improve the quality of life for all Americans. Restoration of

our National Parks should be among our highest national conservation priorities, and the condition of land and resources held in trust

for American Indians in many cases is dismal and in need of federal assistance.

Notwithstnding my support for these programs, the explicit policy statement of CARA is that all programs funded by the law will
63

be of higher priority than any other federal conservation effort for

the next 15 years. This year, the Western United States is facing

its worst fire season in decades, yet the Committee-reported bill

sets funding priorities for the next 15 years for coastal impact assistance, coral reef protection and additional land acquisition all

above firefighting and activities to reduce the risk of catastrophic

wildfires, even in heavily populated areas. There is currently a

$20.8 billion maintenance backlog within the land management

agencies, and CARA does not come close to addressing this problem. We cannot be certain today what will be needed for resource

conservation 15 years from now. It is simply bad budgeting and

bad policy to set priorities and $37.5 billion in funding in stone for

15 years.

In addition to my concerns with the federal budgetary implications of this legislation, I have serious reservations about the

power that this bill would cede from Congress to the executive

branch. Under four sections of the bill, namely those dealing with

planning for coastal impact assistance, ocean and coastal conservation, the state portion of the Land and Water Conservation Fund,

and wildlife conservation and restoration, the Secretaries of Interior, Commerce and Agriculture are required to approve State

plans before funding will be released from the CARA fund to implement those plans. The language gives the Secretaries a great deal

of discretion in the interpretation of the law. While the intention

of the Committee may be that the approval process should be little

more than a formality to ensure that the states adhere to the spirit

of the law, we should not overlook how similar processes have been

interpreted in the recent past. Activist administrations and courts

have interpreted laws in ways that Congress did not and could not

foresee. Tow high profile examples of far reaching and broad administrative and judicial interpretation are apparent in the Antiquities Act and the national Environmental Policy Act (NEPA).

Under the Antiquities Act, the President may designate ‘‘national

monuments,’’ imposing protective measures for ‘‘historic landmarks,

historic and prehistoric structures, and other objects of historic or

scientific interest’’ that are contained on federal land. The law goes

on to state, however, that the limits on the amount of land to be

designated ‘‘in all cases shall be confined to the smallest area compatible with the proper care and management of the objects to be

protected.’’ Regardless of whether or not I have supported the designation of specific monuments under the Antiquities Act in recent

years, I cannot believe that Congress intended for the President to

unilaterally use this authority to set aside millions of acres of public land with a single stroke of the pen.

In the second case, NEPA requires that agencies of the federal

government study the potential environmental impacts of proposed

actions, and to include various alternative courses of action within

the analysis. Under various court rulings and administrative interpretations, the NEPA process has become a tangled mess of rigid

requirements on decision-making, that are particularly onerous on

the federal land management agencies. Although NEPA has served

to shed ‘‘sunshine’’ on the agency decision-making process, it has

unfortunately become a legal impediment to many sound and justifiable land and environmental management activities.
64

These two examples demonstrate that no matter how well intentioned Congress may be in trying to provide resources for conservation to states and local communities under CARA, we should anticipate that there will be interpretations we cannot now foresee. For

this reason, Congress should maintain an effective way to oversee

and adjust to changing interpretations of this law. This is especially true when it comes to the funding of activities that have historically and justifiably been in the hands of state and local decision-makers. Setting this process in motion for 15 years, without

a clear mandate for Congressional review will only provide a vast

avenue for federal intervention into issues that are are better resolved at the state of local level.

While I wholeheartedly support natural resource conservation,

including many of the programs embodied in this bill, I have significant concerns with certain budgetary and policy impacts of this

legislation. Unless CARA is amended to address these concerns, I

will continue to oppose the bill and will urge my colleagues to do

the same.

PETE V. DOMENICI.
(65)

MINORITY VIEWS OF SENATORS THOMAS, NICKLES, CRAIG,

GORTON, BURNS, AND CAMPBELL

During the month of July, the Committee held five business

meetings to consider H.R. 701, the Conservation and Reinvestment

Act. We have grave concerns about the overall goals of this legislation and the structure of the Murkowski-Bingaman substitute

amendment adopted by the Committee.

By creating vast new entitlement programs, CARA has significant implications for the rest of the federal budget that we find unacceptable. We also take issue with several policies embodied in the

legislation, most importantly the ceding of substantially increased

powers in local land use decisions to the federal bureaucracy.

The committee-passed version of the CARA legislation would create new entitlement programs that would cost taxpayers nearly

$45 billion over the next 15 years. The CARA bill that passed the

House would increase entitlement spending by $42 billion over 15

years. Entitlement spending has been the fastest growing segment

of the federal budget over the last 10 years. As a proportion of total

federal spending, entitlement spending grew from 45 percent in

1990 to 53 percent in 2000, and will continue to grow even under

current law. The portion of discretionary spending deceased over

the same period from 40 percent in 1990 to 35 percent in 2000.

New mandatory spending, without associated reductions in other

entitlement programs, will only serve to make the task of controlling the cost of government more difficult.

If this bill is enacted, there will be less money available for other

critical programs such as education, national security, Social Security reform, and prescription drug benefits. The entitlement programs contained in CARA should not take precedence over our children’s future and security, our seniors’ retirement or paying down

the public debt. Neither should they take automatic precedence

over programs directly related to the purposes of this legislation,

such as the existing operation and maintenance needs of our vast

public land holdings or functions such as wild-land fire preparedness.

We have serious reservations about several policies embodied in

this bill. Even with the Murkowski-Bingaman language that would

ostensibly subject federal land acquisition funding to annual authorization and appropriation—we would argue that a greater injustice is committed by linking the appropriation of $450 million in

federal land acquisitions to the expenditure of more than $2.5 billion in additional entitlement spending. By establishing this convoluted trigger, the proponents of the Murkowski-Bingaman bill

have created an artificial environment in which appropriations for

federal land acquisitions will be considered each and every year for

the next 15 years. Rather than consider the value and justification

of each proposed federal land acquisition, some in Congress will be
66

inspired to meet the mark of spending $450 million on federal land

acquisitions simply to trigger $2.5 billion in other entitlement

spending. Others in Congress may be conversely motivated to avoid

full funding of federal land acquisitions due to this inappropriate

and artificial link to other entitlements.

Although we are not opposed to the government acquiring

inholdings and other properties with special value, the MurkowskiBingaman version of CARA sets the dangerous precedent of linking

a certain level of discretionary spending to the automatic expenditure of billions more in entitlements. Unfortunately, the Housepassed version of CARA, which simply creates an off-budget entitlement for federal land acquisitions, coastal impact payments, and

other programs, is equally objectionable. But trying to disguise an

even larger entitlement program in the Murkowski-Bingaman bill

behind annual authorizations and appropriations for federal land

acquisition does not injustice to the integrity of the larger annual

budget process. Congress deserves the opportunity to weigh, each

and every year, the merits of the proposed land acquisitions without the albatross of $2.5 billion in unrelated programs impacting

this process.

Either way, CARA amounts to entitlement spending for federal

land acquisition, which we believe threatens the income base of

state and local governments and the rights of individual property

owners throughout the nation. Although the bills include funding

for increased Payments in Lieu of Taxes (PILT), this program does

not and cannot take the place of all lost tax revenue and economic

development.

Further, there will be no incentive to dispose of land already eligible for removal from federal ownership. This lack of balance will

only compound the current situation within the federal land management agencies, where the backlog of operations and maintenance needs for existing lands and facilities is already staggering.

Current figures show backlogs in maintenance projects as follows: the Bureau of Indian Affairs, $5.9 billion; the National Park

Service, $5.4 billion; and the Forest Service $8.9 billion. With total

maintenance backlogs of $20.8 billion for all the land management

agencies, it is clear that the federal government is struggling to

take care of the land and facilities it already owns. Under these circumstances, why should we create an entitlement that would require an additional $900 million a year be spent on land acquisition? Furthermore, why should the other conservation programs

contained in CARA take priority over every other program in the

federal budget?

In almost every state, officials and concerned citizens are saying

it is time to address existing public lands’ needs before we swell

the size of the federal government. The federal land management

agencies continue to lock up public lands throughout the West and

restrict access to these areas for multiple-use purposes. This pattern creates great hardship for local communities, destroying jobs,

and depressing the economy in many rural areas around the West.

Even with the language that would place constraints on this spending, federal land acquisition will occur at a faster pace than it does

currently. Since 50 percent of the West is already owned by the
67

government, we are concerned about adding more federally owned

land to our states that might be restricted for specific uses.

Finally, we must dispel the fanciful notion that this legislation

will actually amount to additional spending above and beyond what

is normally spent on natural resource programs in the Interior appropriations bill. As currently written, the $2.5 billion in entitlement spending authorized in this bill be scored against the Interior

appropriations allocation. There is no guarantee that there will be

an additional $2.5 billion to add to the Interior allocation each and

every year for the next 15 years, as is assumed by the proponents

for this legislation. As a result, passage of this legislation implies

that Congress has decided, for the next 15 years, that grant programs targeted for state and local governments, most of which are

running significant surpluses, are more important that the construction of Indian schools, national park maintenance, or fire preparedness and prevention in our national forests and rangelands.

While we wholeheartedly support natural resource conservation,

including many of the programs that would be funded under

CARA, we have significant concerns with certain policy and budgetary impacts of this legislation. Until our concerns have been addressed, we will not be able to accept any time agreement should

this legislation be brought before the full Senate, as we would require time to debate fully a substantial number of amendments.

CRAIG THOMAS.

DON NICKLES.

LARRY E. CRAIG.

SLADE GORTON.

CONRAD BURNS.

BEN NIGHTHORSE CAMPBELL.
(68)

CHANGES IN EXISTING LAW

In compliance with paragraph 12 of rule XXVI of the Standing

Rules of the Senate, changes in existing law made by the Act H.R.

701, as ordered reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is

printed in italic, existing law in which no change is proposed is

shown in roman):

OUTER CONTINENTAL SHELF LANDS ACT

The Act of August 7, 1953, Chapter 345, as amended

SEC. 2. DEFINITIONS.

When used in this Act—

* * * * * * *

(r) The term ‘‘coastal population’’ means the population of all political subdivisions, as determined by the most recent official data

of the Census Bureau, contained in whole or in part within the designated coastal boundary of a State as defined in a State’s coastal

zone management program under the Coastal Zone Management

Act (16 U.S.C. 1451 et seq.).

(s) The term ‘‘Coastal States’’ has the same meaning as provided

by subsection 304(4) of the Coastal Zone Management Act (16

U.S.C. 1453(4)).

(t) The term ‘‘coastline’’ has the same meaning as the term ‘‘coast

line’’ as defined in subsection 2(c) of the Submerged Lands Act (43

U.S.C. 1301(c)).

(u) The term ‘‘leased tract’’ means a tract maintained under section 6 or leased under section 8 for the purpose of drilling for, developing, and producing oil and natural gas resources.

(v) The term ‘‘qualified Outer Continental Shelf revenues’’ means

all amounts received by the United States from each leased tract or

portion of a leased tract lying seaward of the zone defined and governed by section 8(g) of this Act, or lying within such zone but to

which section 8(g) does not apply, the geographic center of which

lies within a distance of 200 miles from any part of the coastline

of any Coastal State, including bonus bids, rents, royalties (including payments for royalties taken in kind and sold), net profit share

payments, and related late payment interest. Such term does not include any revenues from a leased tract or portion of a leased tract

that is included within any area of the Outer Continental Shelf

where a moratorium on new leasing was in effect as of January 1,

2000, unless the lease was issued prior to the establishment of the

moratorium and was in production on January 1, 2000.

* * * * * * *
69

SEC. 31. COASTAL IMPACT ASSISTANCE.

(a) DEFINITIONS.—When used in this section—

(1) The term ‘‘coastal political subdivision’’ means a county,

parish, or any equivalent subdivision of a Producing Coastal

State which subdivision lies within the coastal zone (as defined

in section 304(1) of the Coastal Zone Management Act (16

U.S.C. 1453(1)) and within a distance of 200 miles from the geographic center of any leased tract.

(2) The term ‘‘distance’’ means minimum great circle distance,

measured in statute miles.

(3) The term ‘‘Producing Coastal State’’ means a Coastal

State with a coastal seaward boundary within 200 miles from

the geographic center of a leased tract other than a leased tract

within any area of the Outer Continental Shelf where a moratorium on new leasing was in effect as of January 1, 2000, unless

the lease was issued prior to the establishment of the moratorium and was in production on January 1, 2000.

(b) FUNDING.—Amounts transferred to the Secretary under section

2(b)(1) of the Conservation and Reinvestment Act in a fiscal year

shall be available for obligation and expenditure for the purposes of

this section, without further appropriation and without fiscal year

limitation.

(c) IMPACT ASSISTANCE PAYMENTS TO STATES AND POLITICAL

SUBDIVISIONS.—Notwithstanding section 9, the Secretary shall

make payments from the amounts available under this section to

Producing Coastal States with an approved Coastal Impact Assistance Plan, and to coastal political subdivisions as follows:

(1) ALLOCATIONS TO PRODUCING COASTAL STATES.—In each

fiscal year, each Producing Coastal State’s allocable share shall

be equal to the sum of the following:

(A) $245,000,000 equally divided among all Producing

Coastal States;

(B) $185,000,000 divided among Producing Coastal

States based on Outer Continental Shelf production.

(2) CALCULATION.—The amount for each Producing Coastal

State under paragraph (1)(B) shall be calculated based on the

ratio of qualified OCS revenues generated off the coastline of

the Producing Coastal State to the qualified OCS revenues generated off the coastlines of all Producing Coastal States, for the

preceding five-year period and recalculated each fifth year

thereafter. Where there is more than one Producing Coastal

State within 200 miles of a leased tract, the amount of each

Producing Coastal State’s payment under paragraph (1)(B) for

such leased tract shall be inversely proportional to the distance

between the nearest point on the coastline of such State and the

geographic center of each leased tract or portion of the leased

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

coastline, as determined by the Secretary for the 5-year period

concerned. A leased tract or portion of a leased tract shall be

excluded if the tract or portion is located in a geographic area

where a moratorium on new leasing was in effect on January

1, 2000, unless the lease was issued prior to the establishment

of the moratorium and was in production on January 1, 2000.
70

(3) PAYMENTS TO COASTAL POLITICAL SUBDIVISIONS.—Twenty

percent of each Producing Coastal State’s allocable share as determined under paragraph (1) shall be paid directly to the

coastal political subdivisions by the Secretary based on the following formula:

(A) 25 percent shall be allocated based on the ratio of

such coastal political subdivision’s coastal population to the

coastal population of all coastal political subdivisions in

the Producing Coastal State; except that for those coastal

political subdivisions in the State of Louisiana without a

coastline, the coastline for purposes of this element of the

formula shall be the average length of the coastline of the

remaining coastal subdivisions in the state.

(B) 25 percent shall be allocated based on the ratio of

such coastal political subdivision’s coastline miles to the

coastline miles of all coastal political subdivisions in the

Producing Coastal State.

(C) 50 percent shall be allocated based on the relative

distance of such coastal political subdivision from any

leased tract used to calculate the Producing Coastal State’s

allocation using ratios that are inversely proportional to the

distance between the point in the coastal political subdivision closest to the geographic center of each leased tract or

portion, as determined by the Secretary; except that in the

State of Louisiana the funds for this element of the formula

shall be divided equally among all coastal political subdivisions. For purposes of the calculations under this subparagraph, a leased tract or portion of a leased tract shall

be excluded if the leased tractor portion is located in a geographic area where a moratorium on new leasing was in effect on January 1, 2000, unless the lease was issued prior

the establishment of the moratorium and was in production

on January 1, 2000.

(4) FAILURE TO HAVE PLAN APPROVED.—Any amount allocated

to a Producing Coastal State or coastal political subdivision but

not disbursed because of a failure to have an approved Coastal

Impact Assistance Plan under this section shall be allocated

equally by the Secretary among all other Producing Coastal

States in a manner consistent with this subsection except that

the Secretary shall hold in escrow such amount until the final

resolution of any appeal regarding the disapproval of a plan

submitted under this section. The Secretary may waive the provisions of this paragraph and hold a Producing Coastal State’s

allocable share in escrow if the Secretary determines that such

State is making a good faith effort to develop and submit, or

update, a Coastal Impact Assistance Plan.

(d) COASTAL IMPACT ASSISTANT PLAN.—

(1) DEVELOPMENT AND SUBMISSION OF STATE PLANS.—The

Governor of each Producing Coastal State shall prepare, and

submit to the Secretary, a Coastal Impact Assistance Plan

which shall incorporate the plans of coastal political subdivisions, and may also incorporate the Statewide Coastal Conservation Plan required under section 32 of this Act. The Governor shall solicit local input and shall provide for public par-
71

ticipation in the development of the plan. The plan shall be submitted to the Secretary by July 1, 2001 and updated at least

once every 5 years thereafter. Amounts received by Producing

Coastal States and coastal political subdivisions may be used

only for the purposes specified in the Producing Coastal State’s

Coastal Impact Assistance Plan.

(2) APPROVAL.—The Secretary shall approve a plan under

paragraph (1) prior to disbursement of amounts under this section. The Secretary shall approve the plan if the Secretary determines that the plan is consistent with the uses set forth in

subsection (e) and if the plan contains each of the following:

(A) The name of the State agency that will have the authority to represent and act for the State in dealing with

the Secretary for purposes of this section.

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

describes how the amounts provided under this section will

be used.

(C) A description of how coastal political subdivisions

will use amounts provided under this section, including a

certification by the Governor that such uses are consistent

with the requirements of this section.

(D) Certification by the Governor that ample opportunity

has been accorded for public participation in the development and revision of the plan.

(E) Measures for taking into account other relevant Federal resources and programs.

(3) PROCEDURE.—The Secretary shall approve or disapprove

each plan or amendment within 90 days of its submission.

(4) AMENDMENT.—Any amendment to the plan shall be prepared in accordance with the requirements of this subsection

and shall be submitted to the Secretary for approval or disapproval.

(e) AUTHORIZED USES.—Producing Coastal States and coastal political subdivisions shall use amounts provided under this section,

including any such amounts deposited in a State or coastal political

subdivision administered trust fund dedicated to uses consistent

with this subsection, in compliance with Federal and State law and

only for one or more of the following purposes:

(1) uses authorized under subsection 32(c) of this Act relating

to coastal stewardship;

(2) projects and activities for the conservation, protection or

restoration of wetlands;

(3) mitigating damage to fish, wildlife or natural resources,

including such activities authorized under subtitle B of title IV

of the Oil Pollution Act of 1990 (33 U.S.C. 1321(c), (d));

(4) planning assistance and administrative costs of complying

with the provisions of this section;

(5) implementation of Federally approved marine, coastal, or

comprehensive conservation management plans; and

(6) mitigating impacts of Outer Continental Shelf activities

through funding of onshore infrastructure and public service

needs: Provided, That funds made available under this paragraph shall not exceed 23 percent of the funds provided under

this section.
72

(f) COMPLIANCE WITH AUTHORIZED USES.—If the Secretary determines that any expenditure made by a Producing Coastal State or

coastal political subdivision is not consistent with the uses authorized in subsection (e), the Secretary shall not disburse any further

amounts under this section to that Producing Coastal State or

coastal political subdivision until the amounts used for the inconsistent expenditure have been repaid or obligated for authorized

uses.

SEC. 32. OCEAN AND COASTAL CONSERVATION.

(a) FUNDING.—Amounts transferred to the Secretary of Commerce

under section 2(b)(2) of the Conservation and Reinvestment Act in

a fiscal year shall be available for obligation and expenditure for

the purpose of this section, without further appropriation and without fiscal year limitation.

(b) ALLOCATION OF FUNDS.—Notwithstanding section 9, the Secretary of Commerce shall allocate amounts available under this section as follows: (1) for uses identified in subsection (c), $250,000,000; and

(2) for uses identified in subsection (d), $100,000,000.

(c) COASTAL STEWARDSHIP.— (1) ALLOCATION TO COASTAL STATES.—The Secretary of Commerce shall allocate among all Coastal States with an approved

Statewide Coastal Conservation Plan, the amounts available

under subsection (b)(1) as follows:

(A) 25 percent shall be allocated based on the ratio of the

Coastal State’s coastal population to the coastal population

of all Coastal States;

(B) 25 percent shall be allocated based on the ratio of the

Coastal State’s coastline miles to the coastline miles of all

Coastal States; and

(C) 50 percent shall be equally divided among all Coastal

States.

(2) FAILURE TO HAVE PLAN APPROVED.—Any amount allocated

to a Coastal State but not disbursed because of a failure to have

an approved Statewide Coastal Conservation Plan under this

subsection shall be allocated among all other Coastal States in

a manner consistent with paragraph (1), except that the Secretary of Commerce shall hold in escrow such amount until the

final resolution of any appeal regarding the disapproval of a

plan submitted under this subsection. The Secretary of Commerce may waive the provisions of this paragraph and hold a

Coastal State’s allocable share in escrow if the Secretary of

Commerce determines that such State is making a good faith

effort to develop and submit, or update, a Statewide Coastal

Conservation Plan.

(3) DEVELOPMENT AND SUBMISSION OF STATE PLANS.—(A) The

Governor of each Coastal State shall prepare, and submit to the

Secretary of Commerce, a Statewide Coastal Conservation Plan.

The Governor shall solicit local input and shall provide for

public participation in the development of the Plan. The Plan

shall be submitted to the Secretary of Commerce by July 1,

2001, and updated at least once every 5 years thereafter. Each

Plan shall consider ways to use amounts received under this

subsection to assist local governments, non-profit organizations,
73

or public institutions with activities or programs consistent

with this subsection. Amounts received by Coastal States may

be used only for the purposes specified in the Statewide Coastal

Conservation Plan.

(B) APPROVAL.—The Secretary of Commerce shall approve a

Statewide Coastal Conservation Plan under subparagraph (A)

prior to disbursement of amounts under this section. The Secretary of Commerce shall approve the Plan if the Secretary of

Commerce determines that the Plan is consistent with the uses

set forth in paragraph (4) and if the Plan contains each of the

following:

(i) The name of the State agency that will have the authority to represent and act for the State in dealing with

the Secretary of Commerce for purposes of this subsection;

(ii) A program for the implementation of the Plan which

describes how amounts will be used to protect and manage

the State’s coastal, estuarine, and marine resources in accordance with the requirements of this subsection;

(iii) Certification by the Governor that ample opportunity

has been accorded for public participation in the development and revision of the Plan; and

(iv) Measures for taking into account other relevant Federal resources and programs.

(C) PROCEDURE.—The Secretary shall approve or disapprove

each plan or amendment within 90 days of its submission.

(D) AMENDMENT.—Any amendment to the plan shall be prepared in accordance with the requirements of this paragraph

and shall be submitted to the Secretary of Commerce for approval or disapproval.

(4) AUTHORIZED USES.—Coastal States shall use amounts

provided under this subsection in compliance with Federal and

State law and only for one or more of the following purposes—

(A) activities which support and are consistent with the

Coastal Zone Management Act, including National Estuarine Research Reserve programs, the National Marine

Sanctuaries Act, the Magnuson-Stevens Fishery Conservation and Management Act, or the National Estuaries program;

(B) conservation, restoration, enhancement or protection

of coastal or marine habitats including wetlands, estuaries,

coastal barrier islands, coastal fishery resources and coral

reefs, including projects to remove abandoned vessels or

marine debris that may adversely affect coastal habitats;

(C) protection, restoration and enhancement of coastal

water quality consistent with the provisions of the Coastal

Zone Management Act (16 U.S.C. 1451 et seq.), including

the reduction or monitoring of coastal polluted runoff or

other coastal contaminants;

(D) addressing watershed protection or other coastal or

marine conservation needs which cross jurisdictional

boundaries;

(E) assessment, research, mapping and monitoring of

coastal or marine resources and habitats, including, where
74

appropriate, the establishment and monitoring of marine

protected areas;

(F) addressing coastal conservation needs associated with

seasonal or otherwise transient fluctuations in coastal populations;

(G) protection and restoration of natural coastline protective features, including control of coastline erosion;

(H) identification, prevention and control of invasive exotic and harmful non-indigenous species;

(I) assistance to local communities to assess, plan for and

manage the impacts of growth and development on coastal

or marine habitats and natural resources, including coastal

community fishery assistance programs that encourage participation in sustainable fisheries; and

(J) projects that promote research, education, training

and advisory services in fields related to coastal and Great

Lakes living marine resource use and management.

(5) COMPLIANCE WITH AUTHORIZED USES.—If the Secretary

determines that any expenditure made by a Coastal State is not

consistent with the uses authorized in paragraph (4), the Secretary shall not disburse any further amounts under this subsection to that Coastal State until the amounts used for such

expenditure have been repaid or obligated for authorized uses.

(d) COOPERATIVE FISHERIES ENFORCEMENT AND RESEARCH AND

MANAGEMENT.—The amounts made available under subsection

(b)(2) shall be allocated by the Secretary of Commerce for the following purposes, with not less than 25 percent used for Cooperative

Enforcement Agreements under paragraph (2):

(1) TECHNICAL AND ADMINISTRATIVE EXPENSES.—Up to five

percent for such amounts may be used by the Secretary of Commerce to provide technical assistance to a State and cover administrative costs associated with this subsection.

(2) COOPERATIVE ENFORCEMENT USES.—(A) The Governor of

Hawaii, a territory, or a State represented on an Interstate Marine Fisheries Commission may apply to the Secretary of Commerce for execution of a cooperative enforcement agreement with

the Secretary of Commerce. Cooperative agreements between the

Secretary of Commerce and such States shall authorize the deputization of State law enforcement officers with marine law enforcement responsibilities to perform duties of the Secretary of

Commerce relating to any law enforcement provision of any marine resource laws enforced by the Secretary of Commerce. Such

cooperative enforcement agreements shall be consistent with the

purposes and intent of section 311(a) of the Magnuson-Stevens

Fishery Conservation and Management Act (16 U.S.C. 1861(a)),

to the extent applicable to the regulated activities.

(B) Upon receiving an application meeting the requirements

of this subsection, the Secretary of Commerce shall enter into

the cooperative enforcement agreement with the requesting

State. The Secretary of Commerce shall include in each cooperative enforcement agreement an allocation of funds to assist in

management of the agreement. The allocation shall be distributed among all States participating in cooperative enforcement

agreements under this paragraph based upon consideration of
75

the specific marine conservation enforcement needs of each participating State.

(3) COOPERATIVE RESEARCH AND MANAGEMENT USES.—(A)

The Governor of Hawaii, a territory, or any State represented

on an Interstate Marine Fisheries Commission may apply to the

Secretary of Commerce for the execution of a research and management agreement, on a sole source basis, for the purpose of

undertaking eligible projects required for the effective management of living marine resources of the United States. Upon determining that the application meets the requirements of this

subsection, the Secretary of Commerce shall enter into such

agreement.

(B) The Secretary of Commerce shall allocate to States participating in a research and management agreement under this

subsection funds to assist in implementing the agreement.

(C) For purposes of this subsection, eligible projects are those

which address critical needs identified in fishery management

reports or plans developed and approved by a State, Marine

Fisheries Commission, Regional Fishery Management Council,

or other regional or tribal entity, charged with management

and conservation of living marine resources, and that pertain

to—

(i) the collection and analysis of fishery data and information, including data on landings, fishing effort, biology,

habitat, economics and social changes, including those information needs identified pursuant to section 401 of the

Magnuson-Stevens Fishery Conservation and Management

Act (16 U.S.C. 1881); or

(ii) the development of measures to promote innovative or

cooperative management of fisheries.

(D) In making funds available under this paragraph, the Secretary of Commerce shall give priority to eligible projects that

meet the following criteria:

(i) establishment of observer programs;

(ii) cooperative research projects developed among States,

academic institutions, and the fishing industry, to obtain

data or other information necessary to meet national or regional management priorities;

(iii) projects to reduce harvesting capacity performed in a

manner consistent with section 312(b) of the Magnuson-Stevens Fishery and Conservation Act (16 U.S.C. 1862(b));

(iv) projects designed to identify ecosystem impacts of

fishing, including the relationship between fishing harvest

and marine mammal population abundance;

(v) projects to develop sustainable experimental fisheries

and fishery harvest techniques and fishing gear that provide conservation benefits, including reduction of fishing

bycatch;

(vi) projects to develop sustainable aquaculture; or

(vii) projects for the identification, conservation, restoration or enhancement of coastal fishery resources and habitats.

(4) COMMERCE PROCEDURES.—Within 90 days after the enactment of the Conservation and Reinvestment Act, the Secretary
76

of Commerce shall adopt procedures necessary to implement

this subsection.

(5) CONGRESSIONAL APPROVAL.—The President shall include

in, as part of the annual budget proposal, a priority list of allocations to Coastal States under this subsection. Amounts shall

be made available under section 2(b)(2) of the Conservation and

Reinvestment Act 15 days after the sine die adjournment of the

Congress each year, without further appropriation, for the

projects identified on the priority list, unless prior to such date,

legislation is enacted establishing a different priority list. If

Congress enacts legislation establishing an alternate priority

list, and such priority list funds less than the annual authorized funding amount identified in this subsection, the difference

between the authorized funding amount and the alternate priority list shall be available for expenditure, without further appropriation, in accordance with the priority list submitted by

the President.

LAND AND WATER CONSERVATION FUND ACT OF 1965

Public Law 88–578 (Sept. 3, 1964), as Amended

* * * * * * *

CERTAIN REVENUES PLACED IN SEPARATE FUND

SEC. 2. SEPARATE FUND.—During the period ending September

30, 2015, there shall be covered into the land and water conservation fund in the Treasury of the United States, which fund is hereby established and is hereinafter referred to as the ‘‘fund’’, the following revenues and collections:

(a) SURPLUS PROPERTY SALES.—All proceeds (except so much

thereof as may be otherwise obligated, credited, or paid under authority of those provisions of law set forth in section 485(b)(e), title

40, United States Code, or the Independent Offices Appropriation

Act, 1963 (76 Stat. 725) or in any later appropriation Act) hereafter

received from any disposal of surplus real property and related personal property under the Federal Property and Administrative

Services Act of 1949, as amended, notwithstanding any provision of

law that such proceeds shall be credited to miscellaneous receipts

of the Treasury. Nothing in this Act shall affect existing laws or

regulations concerning disposal of real or personal surplus property

to schools, hospitals, and States and their political subdivisions.

(b) MOTORBOAT FUELS TAX.—The amounts provided for in section

201 of this Act.

ø(c)(1) OTHER REVENUES.—In addition to the sum of the revenues and collections estimated by the Secretary of the Interior to

be covered into the fund pursuant to this section, as amended,

there are authorized to be appropriated annually to the fund out

of any money in the Treasury not otherwise appropriated such

amounts as are necessary to make the income of the fund not less

than $300,000,000 for fiscal year 1977, and $900,000,000 for fiscal

year 1978 and for each fiscal year thereafter through September

30, 2015.
77

ø(2) To the extent that any such sums so appropriated are not

sufficient to make the total annual income of the fund equivalent

to the amounts provided in clause (1), an amount sufficient to cover

the remainder thereof shall be credited to the fund from revenues

due and payable to the United States for deposit in the Treasury

as miscellaneous receipts under the Outer Continental Shelf Lands

Act, as amended (43 U.S.C. 1331 et seq.): Provided, That notwithstanding the provisions of section 3 of this Act, moneys covered into

the fund under this paragraph shall remain in the fund until appropriated by the Congress to carry out the purpose of this Act.¿

(c) In addition to the sum of the revenues and collections estimated by the Secretary of the Interior to be covered into the fund

pursuant to subsections (a) and (b) of this section, there shall be deposited into the fund all amounts transferred to the fund under section 2(b)(4) of the Conservation and Reinvestment Act. Such

amounts shall only be used to carry out the purposes of this Act.

SEC. 3. APPROPRIATIONS.—øMoneys covered into the fund shall

be available for expenditure for the purposes of this Act only when

appropriated therefor. Such appropriations may be made without

fiscal-year limitation. Moneys made available for obligation or expenditure from the fund or from the special account established

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

in this Act.¿ Of amounts in the fund, $900,000,000 shall be available each fiscal year for obligation and expenditure in accordance

with section 5 of this Act, without further appropriation and without fiscal year limitation. Other moneys in the fund shall be available for expenditure only when appropriated therefor. Such appropriations may be made without fiscal year limitation.

* * * * * * *

SEC. 5. ALLOCATION.—øThere shall be submitted with the annual

budget of the United States a comprehensive statement of estimated requirements during the ensuing fiscal year for appropriations from the fund. Not less than 40 per centum of such appropriations shall be available for Federal purposes. Those appropriations from the fund up to and including $600,000,000 in fiscal year

1978 and up to and including $750,000,000 in fiscal year 1979 shall

continue to be allocated in accordance with this section. There shall

be credited to a special account within the fund $300,000,000 in fiscal year 1978 and $150,000,000 in fiscal year 1979 from the

amounts authorized by section 2 of this Act. Amounts credited to

this account shall remain in the account until appropriated. Appropriations from the special account shall be available only with respect to areas existing and authorizations enacted prior to the convening of the Ninety-fifty Congress, for acquisition of lands, waters,

or interests in lands or waters within the exterior boundaries, as

aforesaid, of—

ø(1) the National Park System;

ø(2) national scenic trails;

ø(3) the National Wilderness Preservation System;

ø(4) federally administered components of the National Wild

and Scenic Rivers System; and

ø(5) national recreation areas administered by the Secretary

of Agriculture.¿ Of the amounts made available each fiscal

year, fifty percent of the funds shall be used for Federal land
78

acquisition purposes as provided in section 7 of this Act and

fifty percent shall be used for financial assistance to States as

provided in section 6 of this Act.

SEC. 6. GENERAL AUTHORITY; PURPOSES.—(a) The Secretary of

the Interior (hereinafter referred to as the ‘‘Secretary’’) is authorized to provide financial assistance to the States from moneys

available for State purposes. Payments may be made to the States

by the Secretary as hereafter provided, subject to such terms and

conditions as he considers appropriate and in the public interest to

carry out the purposes of this Act, for outdoor recreation: (1) planning, (2) acquisition of land, waters, or interests in land or waters,

or ø(3) development.¿ (3) development, including facility rehabilitation.

ø(b) APPORTIONMENT AMONG STATES; NOTIFICATION.—Sums appropriated and available for State purposes for each fiscal year

shall be apportioned among the several States by the Secretary,

whose determination shall be final, in accordance with the following formula:

ø(1) Forty per centum of the first $225,000,000; thirty per centum of the next $275,000,000; and twenty per centum of all

additional appropriations shall be apportioned equally among

the several States; and1

ø(2) At any time, the remaining appropriation shall be apportioned on the basis of need to individual States by the Secretary in such amounts as in his judgment will best accomplish

the purposes of this Act. The determination of need shall include among other things a consideration of the proportion

which the population of each State bears to the total population of the United States and of the use of outdoor recreation

resources of individual States by persons from outside the

State as well as a consideration of the Federal resources and

programs in the particular States.

ø(3) The total allocation to an individual State under paragraphs (1) and (2) of this subsection shall not exceed 10 per

centum of the total amount allocated to the several States in

any one year.

ø(4) The Secretary shall notify each State of its apportionments; and the amounts thereof shall be available thereafter

for payment to such State for planning, acquisition, or development projects as hereafter prescribed. Any amount of any apportionment that has not been paid or obligated by the Secretary during the fiscal year in which such notification is given

and for two fiscal years thereafter shall be reapportioned by

the Secretary in accordance with paragraph (2) of this subsection, without regard to the 10 per centum limitation to an

individual State specified in this subsection.

ø(5) For the purposes of paragraph (1) of this subsection, the

District of Columbia, Puerto Rico, the Virgin Islands, Guam,

American Samoa, and the Commonwealth of the Northern

Mariana Islands (when such islands achieve Commonwealth

status) shall be treated collectively as one State, and shall receive shares of such apportionment in proportion to their populations. The above listed areas shall be treated as States for all

other purposes of this title.¿
79

(b) APPORTIONMENT AMONG STATES.—(1) Not more than 4 percent

of the amounts made available for financial assistance to States

each fiscal year may be deducted by the Secretary for expenses in

the administration of this section. Such amount is authorized to be

made available therefor until the expiration of the next succeeding

fiscal year. Within 60 days after the close of such fiscal year, the

Secretary shall apportion any unexpended amounts, in a manner

consistent with this subsection.

(2) The Secretary, after making the deduction under paragraph (1), shall apportion the remaining amounts as follows:

(A) Sixty percent shall be apportioned equally among the

several States; and

(B) Forty percent shall be apportioned on the basis of the

ratio which the population of each State bears to the total

population of the United States.

(3) The total apportionment to an individual State under

paragraph (2) shall not exceed 10 percent of the total amount

made available for financial assistance to the States in any one

year.

(4) The Secretary shall notify each State of its apportionment,

and the amount thereof shall be available thereafter to such

State for planning, acquisition, or development projects as hereafter described. Any amount of any apportionment that has not

been paid or obligated by the Secretary during the fiscal year

in which such notification is given and for two fiscal years

thereafter shall be reapportioned by the Secretary in accordance

with paragraph (2).

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

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

and

(ii) Puerto Rico, the Virgin Islands, Guam, American

Samoa and the Commonwealth of the Northern Mariana

Islands shall be treated collectively as one State and shall

receive shares of such apportionment in proportion to their

populations.

(B) Each of the areas referred to in subparagraph (A) shall

be treated as a State for all other purposes of this Act.

(6)(A) For the purposes of paragraph (2) of this subsection, all

Federally recognized Indian tribes or, in the case of Alaska, Native Corporations (as defined in section 3 of the Alaska Native

Claims Settlement Act (43 U.S.C. 1602)) shall be treated collectively as one State and be eligible to receive shares of apportionment in accordance with a competitive grant program established by the Secretary.

(B) No single tribe or Alaska Native Corporation shall receive

more than 10 percent of the total amount made available under

this paragraph.

(C) Funds received by a tribe or Alaska Native Corporation

under this paragraph may be expended only for the purposes

specified in paragraphs (1) and (3) of subsection (a).

(7) Absent a compelling and annually documented reason to

the contrary acceptable to the Secretary of the Interior, each

State (other than an area treated as a State under paragraphs

(5) and (6) of this subsection) shall make at least 25 percent of
80

its annual apportionment available as grants to local governments within such State.

(c) MATCHING REQUIREMENTS.—Payments to any State shall

cover not more than 50 per centum of the cost of planning, acquisition, or development projects that are undertaken by the State. The

remaining share of the cost shall be borne by the State in a manner and with such funds or services as shall be satisfactory to the

Secretary. No payment may be made to any State for or on account

of any cost or obligation incurred or any service rendered prior to

the date of approval of this Act.

ø(d) COMPREHENSIVE STATE PLAN REQUIRED; PLANNING

PROJECTS.—A comprehensive statewide outdoor recreation plan

shall be required prior to the consideration by the Secretary of financial assistance for acquisition or development projects. The plan

shall be adequate if, in the judgment of the Secretary, it encompasses and will promote the purposes of this Act: Provided, That

no plan shall be approved unless the Governor of the respective

State certifies that ample opportunity for public participation in

plan development and revision has been accorded. The Secretary

shall develop, in consultation with others, criteria for public participation, which criteria shall constitute the basis for the certification

by the Governor. The plan shall contain—

ø(1) the name of the State agency that will have authority

to represent and act for the State in dealing with the Secretary

for purposes of this Act;

ø(2) an evaluation of the demand for and supply of outdoor

recreation resources and facilities in the State;

ø(3) a program for the implementation of the plan; and

ø(4) other necessary information, as may be determined by

the Secretary.

The plan shall take into account relevant Federal resources and

programs and shall be correlated so far as practicable with other

State, regional, and local plans. Where there exists or is in preparation for any particular State a comprehensive plan financed in

part with funds supplied by the Housing and Home Finance Agency, any statewide outdoor recreation plan prepared for purposes of

this Act shall be based upon the same population, growth, and

other pertinent factors as are used in formulating the Housing and

Home Finance Agency financed plans.

øThe Secretary may provide financial assistance to any State for

projects for the preparation of a comprehensive statewide outdoor

recreation plan when such plan is not otherwise available or for the

maintenance of such plan.

øFor fiscal year 1988 and thereafter each comprehensive statewide outdoor recreation plan shall specifically address wetlands

within that State as an important outdoor recreation resource as

a prerequisite to approval, except that a revised comprehensive

statewide outdoor recreation plan shall not be required by the Secretary, if a State submits, and the Secretary, acting through the

Director of the National Park Service, approves, as a part of and

as an addendum to the existing comprehensive statewide outdoor

recreation plan, a wetlands priority plan developed in consultation

with the State agency with responsibility for fish and wildlife resources and consistent with the national wetlands priority con-
81

servation plan developed under section 301 of the Emergency Wetlands Resources Act or, if such national plan has not been completed, consistent with the provisions of that section.¿

(d) STATE ACTION AGENDA.—

(1) A State Action Agenda for Community Recreation and

Conservation (in this Act referred to as the ‘‘State Action Agenda’’) shall be required prior to the consideration by the Secretary of financial assistance under this section. The State Action Agenda shall be adequate if, in the judgment of the Secretary, it encompasses and will promote the purposes of this

Act.

(2) Each State, in partnership with its local governments and

Federal agencies, shall develop a State Action Agenda within 5

years after the date of enactment of the Conservation and Reinvestment Act. Each State may define its own priorities and criteria for selection of outdoor recreation and conservation acquisition and development projects eligible for grants under this

Act so long as it provides for public involvement in this process.

The State Action Agenda shall be strategic, originating in

broad-based and long-term needs, but focused on actions that

can be funded over the next 5 years. A State Action Agenda

must be updated at least once every 5 years.

(3) The State Action Agenda shall contain:

(A) the name of the State agency that will have authority

to represent and act for the State in dealing with the Secretary for the purposes of this Act;

(B) the priorities and criteria for selection of outdoor

recreation and conservation acquisition and development

projects; and

(C) certification by the Governor that the agenda’s conclusions and proposed actions reflect an ample opportunity for

public participation.

(4) State Action Agendas shall take into account all providers

of recreation and conservation lands within each State, including Federal, regional, and local government resources, and

shall be correlated whenever possible with other State, regional,

and local plans for parks, recreation, open space, and wetlands

conservation. Recovery action programs developed by urban localities under section 1007 of the Urban Park and Recreation

Recovery Act of 1978 (16 U.S.C. 2506) shall be used by a State

as a guide to the conclusions, priorities, and action schedules

contained in State Action Agenda. Each State shall assure that

any requirements for local outdoor recreation and conservation

planning, promulgated as conditions for grants, minimize redundancy of local efforts by allowing, wherever possible, use of

the findings, priorities, and implementation schedules of recovery action programs to meet such requirements.

(e) PROJECTS FOR LAND AND WATER ACQUISITION; DEVELOPMENT.—In addition to assistance for planning projects, the Secretary may provide financial assistance to any State for the following types of projects or combinations thereof if they are in accordance with the øState comprehensive plan¿ State Action Agenda:
82

(1) ACQUISITION OF LAND AND WATER.—For the acquisition of

land, water, or interests in land or waters, or wetland areas

and interests therein as identified in the wetlands provisions

of the øcomprehensive plan¿ State Action Agenda (other than

land, waters, or interests in land or waters acquired from the

United States for less than fair market value) øbut not including incidental costs relating to acquisition¿. Whenever a State provides that the owner of a single-family

residence may, at his option, elect to retain a right of use and

occupancy for not less than six months from the date of acquisition of such residence and such owner elects to retain such

a right, such owner shall be deemed to have waived any benefits under sections 203, 204, 205, and 206 of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of

1970 (84 Stat. 1984) and for the purposes of those sections

such owner shall not be considered a displaced person as defined in section 101(6) of that Act.

(2) DEVELOPMENT.—For development of basic outdoor recreation øfacilities¿ facilities, or to enhance public safety within a

designated park or recreation area to serve the general public,

including the development of Federal lands under lease to

States for terms of twenty-five years or more: Provided, That

no assistance shall be available under this Act to enclose or

shelter facilities normally used for outdoor recreation activities,

but the Secretary may permit local funding, and after the date

of enactment of this proviso not to exceed 10 per centum of the

total amount allocated to a State in any one year to be used

for sheltered facilities for swimming pools and ice skating rinks

in areas where the Secretary determines that the severity of

climatic conditions and the increased public use thereby made

possible justifies the construction of such facilities.

(f) REQUIREMENTS FOR PROJECT APPROVAL; CONDITION.—(1) Payments may be made to States by the Secretary only for those planning, acquisition, or development projects that are approved by

him. No payment may be made by the Secretary for or on account

of any project with respect to which financial assistance has been

given or promised under any other Federal program or activity,

and no financial assistance may be given under any other Federal

program or activity for or on account of any project with respect to

which such assistance has been given or promised under this Act.

The Secretary may make payments from time to time in keeping

with the rate of progress toward the satisfactory completion of individual projects: Provided, That the approval of all projects and all

payments, or any commitments relating thereto, shall be withheld

until the Secretary receives appropriate written assurance from the

State that the State has the ability and intention to finance its

share of the cost of the particular project, and to operate and maintain by acceptable standards, at State expense, the particular properties or facilities acquired or developed for public outdoor recreation use.

(2) Payments for all projects shall be made by the Secretary to

the Governor of the State or to a State official or agency designated

by the Governor or by State law having authority and responsibility to accept and to administer funds paid hereunder for ap-
83

proved projects. If consistent with an approved project, funds may

be transferred by the State to a political subdivision or other appropriate public agency.

(3)(A) No property acquired or developed with assistance under

this section shall, without the approval of the Secretary, be converted to other than public outdoor recreation uses. øThe Secretary

shall approve such conversion only if he finds it to be in accord

with the then existing comprehensive statewide outdoor recreation

plan and only upon such conditions as he deems necessary to assure the substitution of other recreation properties of at least equal

fair market value and or reasonably equivalent usefulness and location: Provided, That wetland areas and interests therein as identified in the wetlands provisions of the comprehensive plan and

proposed to be acquired as suitable replacement property within

that same State that is otherwise acceptable to the Secretary, acting through the Director of the National Park Service, shall be considered to be of reasonably equivalent usefulness with the property

proposed for conversion.¿

(B) With the exception of those properties that are no longer viable

as an outdoor recreation and conservation facility due to changes in

demographics or which must be abandoned because of environmental contamination of other condition that endangers public

health and safety, the Secretary shall approve such conversion only

if the State demonstrates no prudent or feasible alternative exists.

Any conversion must satisfy such conditions as the Secretary deems

necessary to assure the substitution of other recreation and conservation properties of at least equal fair market value and reasonably equivalent usefulness and location and which are consistent

with the existing State Action Agenda.

* * * * * * *

SEC. 7. (a) øMoneys appropriated from the fund for Federal purposes shall, unless otherwise allotted in the appropriation Act making them available, be allotted by the President to the following

purposes and subpurposes:¿ (1)(A) The President shall transmit, as

part of the annual budget proposal, a priority list for Federal land

acquisition projects that fully allocates the amount made available

for Federal land acquisition projects for that fiscal year. The President shall require the Secretary of the Interior and the Secretary of

Agriculture to develop priority lists for projects under each Secretary’s jurisdiction. The Secretaries shall prepare the lists in consultation with the head of each affected bureau or agency, taking

into account the best professional judgment regarding the land acquisition priorities and policies of each bureau or agency. In preparing the lists, the Secretaries shall consider whether land exchanges, consolidation of Federal land ownership within a State, or

the acquisition of conservation easements can be used with respect

to proposed acquisitions. The Secretaries also shall consult with the

Governors of the States and shall carefully consider any recommendations made by the Governor for any land acquisition within the State and any concerns on the acquisition of individual parcels.

(B) The President shall also transmit the priority list to the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate together with
84

a list of all expenditures made during the prior fiscal year and the

specific statutory authorization for each proposed land acquisition

on the priority list. The Committee on Energy and Natural Resources shall review the priority list and not later than May 1 of

each year shall transmit to the Committee on Appropriations of the

Senate a priority list for land acquisitions for the next fiscal year

for lands that have been specifically authorized for acquisition by

statute.

(2) Amounts made available from the fund for Federal land acquisition projects shall be used for the following purposes and subpurposes:

ø(1)¿ (A) For the acquisition of land, waters, or interests in land

or waters as follows:

NATIONAL PARK SYSTEM; RECREATION AREAS.—Within the exterior boundaries of areas of the National Park System now or

hereafter authorized or established and of areas now or hereafter authorized to be administered by the Secretary of the Interior for outdoor recreation purposes.

NATIONAL FOREST SYSTEM.—Inholdings within (a) wilderness

areas of the National Forest System, and (b) other areas of national forests as the boundaries of those forests exist on the effective date of this Act, or purchase units approved by the National Forest Reservation Commission subsequent to the date

of this Act, all of which other areas are primarily of value for

outdoor recreation purposes: Provided, That lands outside of

but adjacent to an existing national forest boundary, not to exceed three thousand acres in the case of any one forest, which

would comprise an integral part of a forest recreational management area may, also be acquired with moneys appropriated

from this fund: Provided further, That except for areas specifically authorized by Act of Congress, nor more than 15 per centum of the acreage added to the National Forest System pursuant to this section shall be west of the 100th meridian.

NATIONAL WILDLIFE REFUGE SYSTEM.—Acquisition for (a) endangered species and threatened species authorized under section 5(a) of the Endangered Species Act of 1973; (b) areas authorized by section 2 of the Act of September 28, 1962, as

amended (16 U.S.C. 460k–1; (c) national wildlife refuge areas

under section 7(a)(5) of the Fish and Wildlife Act of 1956 (16

U.S.C. 742f(a)(4)) and wetlands acquired under section 304 of

the Emergency Wetlands Resources Act of 1986; (d) and areas

authorized for the National Wildlife Refuge System by specific

Acts.

ø(2)¿ (B) For payment into miscellaneous receipts of the Treasury as a partial offset for those capital costs, if any, of Federal

water development projects hereafter authorized to be constructed

by or pursuant to an Act of Congress which are allocated to public

recreation and the enhancement of fish and wildlife values and financed through appropriations to water resource agencies.

ø(3)¿ (C) Appropriations allotted for the acquisition of land, waters, or interests in land or waters as set forth under the headings

‘‘NATIONAL PARK SYSTEM; RECREATIONAL AREAS’’ and ‘‘NATIONAL

FOREST SYSTEM’’ in paragraph (1) of this subsection shall be available therefor notwithstanding any statutory ceiling on such appro-
85

priations contained in any other provision of law enacted prior to

the convening of the Ninety-fifth Congress or, in the case of national recreation areas, prior to the convening of the Ninety-sixth

Congress; except that for any such area expenditures may not exceed a statutory ceiling during any one fiscal year by 10 per centum of such ceiling or $1,000,000, whichever is greater.

ø(b) ACQUISITION RESTRICTION.—Appropriations from the funds

pursuant to this section shall not be used for acquisition unless

such acquisition is otherwise authorized by law. Provided, however,

That appropriations from the fund may be used for preacquisiton

work in instances where authorization is imminent and where substantial monetary savings could be realized.¿

(b) ACQUISITION RESTRICTIONS.—(1) LIMITATION ON EXPENDITURE.—No money shall be obligated or expended for Federal land

acquisition purposes under this section unless approved in an Act

making appropriations.

(2) AUTHORIZATION REQUIREMENT.—Appropriations from the

funds pursuant to this section shall not be used for acquisition unless such acquisition is otherwise authorized by law: Provided, however, That appropriations from the fund may be used for

preacquisition work in instances where authorization is imminent

and where substantial monetary savings could be realized.

(3) WILLING SELLER.—Amounts made available for Federal land

acquisition purposes under this section shall not be used to acquire

property unless—

(A) the owner of the property is willing to sell; or

(B) the acquisition is authorized by law and is conducted in

accordance therewith.

FEDERAL AID IN WILDLIFE RESTORATION ACT

Act of Sept. 2, 1937, ch. 899, 50 Stat. 917, as amended

* * * * * * *

øSEC. 2. DEFINITIONS.

øFor the purposes of this chapter the term ‘‘wildlife-restoration

project’’ shall be construed to mean and include the selection, restoration, rehabilitation, and improvement of areas of land or water

adaptable as feeding, resting, or breeding places for wildlife, including acquisition by purchase, condemnation, lease, or gift of such

areas or estates or interests therein as are suitable or capable of

being made suitable therefor, and the construction thereon or

therein of such works as may be necessary to make them available

for such purposes and also including such research into problems

of wildlife management as may be necessary to efficient administration affecting wildlife resources, and such preliminary or incidental costs and expenses as may be incurred in and about such

projects; the term ‘‘State fish and game department’’ shall be construed to mean and include any department or division of department of another name, or commission, or official or officials, of a

State empowered under its laws to exercise the functions ordinarily

exercised by a State fish and game department.¿
86

SEC. 2. DEFINITIONS.

As used in this Act—

(1) the term ‘‘conservation’’ means the use of methods and

procedures necessary or desirable to sustain healthy populations

of wildlife, including all activities associated with scientific resources management such as research, census, monitoring of

populations, acquisition, improvement and management of

habitat, live trapping and transplantation, wildlife damage

management, and periodic or total protection of a species or

population, as well as the taking of individuals within wildlife

stock or population if permitted by applicable State and Federal

law;

(2) the term ‘‘Secretary’’ means the Secretary of the Interior;

(3) the term ‘‘State fish and game department’’ or ‘‘State fish

and wildlife department’’ means any department or division of

department of another name, or commission, or official or officials, of a State empowered under its laws to exercise the functions ordinarily exercised by a State fish and game department

or State fish and wildlife department.

(4) the term ‘‘wildlife’’ means any species of wild, free-ranging

fauna including fish, and also fauna captive breeding programs

the object of which is to reintroduce individuals of a depleted

indigenous species into previously occupied range;

(5) the term ‘‘wildlife-associated recreation’’ means projects intended to meet the demand for outdoor activities associated

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

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

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

heads, and access for such projects;

(6) the term ‘‘wildlife conservation and restoration program’’

means a program developed by a State fish and wildlife department and approved by the Secretary under section 304(d), the

projects that constitute such a program, which may be implemented in whole or part through grants and contracts by a

State to other State, Federal, or local agencies (including those

that gather, evaluate, and disseminate information on wildlife

and their habitats), wildlife conservation organizations, and

outdoor recreation and conservation education entities from

funds apportioned under this title, and maintenance of such

projects;

(7) the term ‘‘wildlife conservation education’’ means projects,

including public outreach, intended to foster responsible natural resource stewardship; and

(8) the term ‘‘wildlife-restoration project’’ includes the wildlife

conservation and restoration program and means the selection,

restoration, rehabilitation, and improvement of areas of land or

water adaptable as feeding, resting, or breeding places for wildlife, including acquisition of such areas or estates or interests

therein as are suitable or capable of being made suitable therefor, and the construction thereon or therein of such works as

may be necessary to make them available for such purposes and

also including such research into problems of wildlife management as may be necessary to efficient administration affecting
87

wildlife resources, and such preliminary or incidental costs and

expenses as may be incurred in and about such projects.

SEC. 3. AUTHORIZATION OF APPROPRIATIONS; DISPOSITION OF UNEXPENDED FUNDS.

(a)(1) An amount equal to all revenues accruing each fiscal year

(beginning with the fiscal year 1975) from any tax imposed on specified articles by sections 4161(b) and 4181 of title 26, shall, subject

to the exemptions in section 4182 of such title, be covered into the

Federal aid to wildlife restoration fund in the Treasury (hereinafter

referred to as the ‘‘fund’’) and is authorized to be appropriated and

made available until expended to carry out the purposes of this

chapter. So much of such appropriations apportioned to any State

for any fiscal year as remains unexpended at the close thereof is

authorized to be made available for expenditure in that State until

the close of the succeeding fiscal year. Any amount apportioned to

any State under the provisions of this chapter which is unexpended

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

for expenditure on any project is authorized to be made available

for expenditure by the Secretary of the Interior in carrying out the

provisions of the Migratory Bird Conservation Act.

(2) There is established in the fund a subaccount to be known as

the ‘‘Wildlife Conservation and Restoration Account’’. Amounts

transferred to the Secretary under section 2(b)(5) of the Conservation and Reinvestment Act shall be deposited in the subaccount and

shall be available without further appropriations for obligation and

expenditure, in each fiscal year, for apportionment in accordance

with this Act to carry out State wildlife conservation and restoration

programs.

(b)(1) The Secretary of the Treasury shall invest in interest-bearing obligations of the United States such portion of the fund as is

not, in his judgment, required for meeting a current year’s withdrawals. For purposes of such investment, the Secretary of the

Treasury may—

(A) acquire obligations at the issue price and purchase outstanding obligations at the market price; and

(B) sell obligations held in the fund at the market price.

(2) The interest on obligations held in the fund—

(A) shall be credited to the fund;

(B) constitute the sums available for allocation by the Secretary under section 4407 of this title;

(C) shall become available for apportionment under this

chapter at the beginning of fiscal year 2006.

(c)(1) Amounts transferred to the Wildlife Conservation and Restoration Account shall supplement, but not replace, existing funds

available to the States from the sport fish restoration account and

wildlife restoration account and shall be used for the development,

revision, and implementation of wildlife conservation and restoration programs and should be used to address the unmet needs for

a diverse array of wildlife and associated habitats, including species

not hunted or fished.

(2) Funds may be used by a State or an Indian tribe for the planning and implementation of its wildlife conservation and restoration

program and wildlife conservation strategy, as provided in section

4(d) and (e) of this Act, including wildlife conservation, wildlife con-
88

servation education, and wildlife-associated recreation projects.

Such funds may be used for new programs and projects as well as

to enhance existing programs and projects.

(3) Priority for funding from the Wildlife Conservation and Restoration Account shall be for those species with the greatest conservation need.

(d) Notwithstanding subsections (a) and (b) of this section, with

respect to amounts transferred to the Wildlife Conservation and

Restoration Account from the Conservation and Reinvestment Act

Fund, so much of such amounts apportioned to any State for any

fiscal year as remains unexpended at the close thereof shall remain

available for obligation in that State until the close of the second

succeeding fiscal year.

SEC. 4. APPORTIONMENT OF FUNDS; EXPENSES OF SECRETARY.

(a) So much, not to exceed 8 per centum, of the revenues (excluding interest accruing under section 3(b) of this title) covered into

said fund in each fiscal year as the Secretary of the Interior may

estimate to be necessary for his expenses in the administration and

execution of this chapter and the Migratory Bird Conservation Act

(16 U.S.C. 715 et seq.) shall be deducted for that purpose, and such

sum is authorized to be made available therefor until the expiration of the next succeeding fiscal year, and within sixty days after

the close of such fiscal year the Secretary of the Interior shall apportion such part thereof as remains unexpended by him, if any,

and make certificate thereof to the Secretary of the Treasury and

to the State fish and game departments on the same basis and in

the same manner as is provided as to other amounts authorized by

this chapter to be apportioned among the States for such current

fiscal year. The Secretary of the Interior, after making the aforesaid deduction, shall apportion, except as provided in subsection (b)

of this section, the remainder of the revenue in said fund for each

fiscal year among the several States in the following manner: Onehalf in the ratio which the area of each State bears to the total

area of all the States, and one-half in the ratio which the number

of paid hunting-license holders of each State in the second fiscal

year preceding the fiscal year for which such apportionment is

made, as certified to said Secretary by the State fish and game departments, bears to the total number of paid hunting-license holders of all the States. Such apportionments shall be adjusted equitably so that no State shall receive less than one-half of 1 per centum nor more than 5 per centum of the total amount apportioned.

The term fiscal year as used in this chapter shall be a period of

twelve consecutive months from October 1 through the succeeding

September 30, except that the period for enumeration of paid hunting-license holders shall be a State’s fiscal or license year.

(b) One-half of the revenues accruing to the fund under this

chapter each fiscal year (beginning with the fiscal year 1975) from

any tax imposed on pistols, revolvers, bows, and arrows shall be

apportioned among the States in proportion to the ratio that the

population of each State bears to the population of all the States:

Provided, That each State shall be apportioned not more than 3 per

centum and not less than 1 per centum of such revenues and

Guam, the Virgin Islands, American Samoa, and the Northern

Mariana Islands shall each be apportioned one-sixth of 1 per cen-
89

tum of such revenues. For the purpose of this subsection, population shall be determined on the basis of the latest decennial census for which figures are available, as certified by the Secretary of

Commerce.

(c) APPORTIONMENT OF WILDLIFE CONSERVATION AND RESTORATION ACCOUNT.—(1) Notwithstanding subsection (a), the Secretary

may use not more than 2 percent of the revenues deposited into the

Wildlife Conservation and Restoration Account in each fiscal year

as necessary for expenses in the administration and execution of

programs carried out under the Wildlife Conservation and Restoration Account and such amount shall be available therefor until the

expiration of the next succeeding fiscal year. Within 60 days after

the close of such fiscal year, the Secretary shall apportion any portion thereof as remains unexpended, if any, on the same basis and

in the same manner as is provided under paragraphs (2) and (3).

(2) The Secretary, after deducting administrative expenses shall

make the following apportionment from the Wildlife Conservation

and Restoration Account:

(A) to the District of Columbia and to the Commonwealth of

Puerto Rico, each a sum equal to not more than one-half of 1

percent thereof;

(B) to Guam, American Samoa, the Virgin Islands, and the

Commonwealth of the Northern Mariana Islands, each a sum

equal to not more than one-fourth of 1 percent thereof; and

(C) to Federally recognized Indian tribes, a sum equal to not

more than 21⁄4 percent, one-third of which shall be allocated

among the various tribes based on the ratio to which the trust

land area of such tribe bears to the total trust land area of all

such tribes and two-thirds of which shall be allocated based on

the ratio to which the population of such tribe bears to the total

population of all such tribes; except that no Indian tribe shall

receive more than 5 percent per annum of the total annual

amount made available to Indian tribes under this subsection.

(3) The Secretary shall apportion the remaining amount in the

Wildlife Conservation and Restoration Account for each year among

the States in the following manner:

(A) one-third of which is based on the ratio to which the land

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

States; and

(B) two-thirds of which is based on the ratio to which the

population of such State bears to the total population of all

such States.

(4) The amounts apportioned under this paragraph shall be adjusted equitably so that no State shall be apportioned a sum which

is less than 1 percent of the amount available for apportionment

under this paragraph for any fiscal year or more than 5 percent of

such amount.

(d) WILDLIFE CONSERVATION AND RESTORATION PROGRAM.—(1)

Any State, may apply to the Secretary for approval of a wildlife conservation and restoration program or for funds from the Wildlife

Conservation and Restoration Account to develop a program which

shall—
90

(A) contain provision for vesting in the State fish and wildlife

department overall responsibility and accountability for development and implementation of the program; and

(B) contain provision for development and implementation

of—

(i) wildlife conservation projects that expand and support

existing wildlife programs to meet the needs of a diverse

array of wildlife species, including a wildlife strategy as set

forth in subsection (e),

(ii) wildlife associated recreation programs,

(iii) wildlife conservation education projects; and

(C) contain provisions for public participation in the development, revision, and implementation of projects and programs

identified in subparagraph (B) of this subsection.

(2) If the Secretary finds that the wildlife conservation and restoration program submitted by a State complies with paragraph (1),

the Secretary shall approve the program and shall set aside from

the apportionment to the State made pursuant to subsection (c) an

amount that shall not exceed 75 percent of the estimated cost of developing and implementing the program.

(3)(A) Except as provided in subparagraphs (B) and (C), after the

Secretary approves a State’s wildlife conservation and restoration

program, the Secretary may make payments on a project that is a

segment of the State’s wildlife conservation and restoration program

as the project progresses. Such payments, including previous payments on the project, if any, shall not be more than the pro rata

share of the United States for such project. The Secretary, under

such regulations as he may prescribe, may advance funds representing the United States pro rata share of a project that is a segment of a wildlife conservation and restoration program, including

funds to develop such program.

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

State under this section for a State’s wildlife conservation and restoration program may be used for wildlife-associated recreation.

(C) Not more than 10 percent of the amounts apportioned to each

State under this section for a State’s wildlife conservation and restoration program may be used for law enforcement.

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

the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of

the Northern Mariana Islands and any of the Federally recognized

Indian tribes with a wildlife conservation and restoration program.

(e) Wildlife Conservation Strategy.—Any State that receives an

apportionment pursuant to subsection (c) shall, within five years of

the date of the initial apportionment, develop and begin implementation of a wildlife conservation strategy based upon the best scientific information and data available that—

(1) integrates available information on the distribution and

abundance of species of wildlife, including low population and

declining species as the State fish and wildlife department

deems appropriate, that exemplify and are indicative of the diversity and health of wildlife of the State;
91

(2) identifies the extent and condition of habitats and community types essential to conservation of species identified under

paragraph (1);

(3) identifies the problems which may adversely affect the species identified under paragraph (1) and their habitats, and provides for research and surveys to identify factors which may assist in restoration and more effective conservation of such species and their habitats;

(4) determines those actions which should be taken to conserve the species identified under paragraph (1) and their habitats and establishes priorities for implementing such conservation actions;

(5) provides for periodic monitoring of species identified

under paragraph (1) and their habitats and the effectiveness of

the conservation actions determined under paragraph (4), and

for adapting conservation actions as appropriate to respond to

new information or changing conditions;

(6) provides for the review of the State wildlife conservation

strategy and, if appropriate, revision at intervals of not more

than ten years;

(7) provides for coordination by the State fish and wildlife department, during the development, implementation, review, and

revision of the wildlife conservation strategy, with Federal,

State, and local agencies and Indian tribes that manage significant areas of land or water within the State, or administer programs that significantly affect the conservation of species identified under paragraph (1) or their habitats.

URBAN PARK AND RECREATION RECOVERY ACT

Public Law 95–625 (Nov. 10, 1978), as Amended

* * * * * * *

SEC. 1003. CONGRESSIONAL STATEMENT OF PURPOSE; COMPLEMENTARY PROGRAM AUTHORIZATION; TERMS AND CONDITIONS

The purpose of this chapter is to authorize the Secretary to establish an urban park and recreation recovery program which

would provide Federal grants to economically hard-pressed communities specifically for the rehabilitation of critically needed recreation areas, facilities, development of new recreation areas and facilities, including the acquisition of lands for such development, and

development of improved recreation programs. This program is intended to complement existing Federal programs such as the Land

and Water Conservation Fund and Community Development Grant

Programs by encouraging and stimulating local governments to revitalize their park and recreation systems and to make long-term

commitments to continuing maintenance of these systems. Such assistance shall be subject to such terms and conditions as the Secretary considers appropriate and in the public interest to carry out

the purposes of this chapter. It is further the purpose of this chapter to improve recreation facilities and expand recreation services

in urban areas with a high incidence of crime and to help deter

crime through the expansion of recreation opportunities for at-risk
92

youth. It is the further purpose of this section to increase the security of urban parks and to promote collaboration between local

agencies involved in parks and recreation, law enforcement, youth

social services, and juvenile justice system.

SEC. 1004. DEFINITIONS.

When used in this chapter the term—

* * * * * * *

(j) ‘‘State’’ means any State of the United States or any instrumentality of a State approved by the Governor; the Commonwealth

of Puerto Rico, insular areas; øand¿

(k) ‘‘insular areas’’ means Guam, the Virgin Islands, American

Samoa, and Commonwealth of the Northern Mariana Islandsø.¿;

(l) ‘‘development grants’’ means matching capital grants to units

of local government to cover costs of development and construction

on existing or new neighborhood recreation sites, including indoor

and outdoor recreational areas and facilities, support facilities, and

landscaping but excluding routine maintenance and upkeep activities; and

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

SEC. 1005. FEDERAL ASSISTANCE GRANTS.

ø(a) Eligibility of general purpose local governments for assistance under this chapter shall be based upon need as determined

by the Secretary. Within one hundred and twenty days after November 10, 1978, the Secretary shall publish in the Federal Register, a list of the local governments eligible to participate in this

program, to be accompanied by a discussion of criteria used in determining eligibility. Such criteria shall be based upon factors

which the Secretary determines are related to deteriorated recreational facilities or systems, and physical and economic distress.¿

(a) Eligibility of general purpose local governments to compete for

assistance under this title shall be based upon need as determined

by the Secretary and shall include, but not be limited to, the following:

(1) All political subdivisions included in Metropolitan, Primary, or Consolidated Statistical Areas, as determined by the

most recent Census.

(2) Any other city, town, or group of cities or towns (or both)

within such a Metropolitan Statistical Area, that has a total

population of 50,000 or more as determined by the most recent

Census.

(3) Any other county, parish, or township with a total population of 250,000 or more as determined by the most recent Census.

* * * * * * *

SEC. 1006. REHABILITATION AND INNOVATION GRANTS.

(a) The Secretary is authorized to provide 70 per centum matching ørehabilitation and innovative¿ grants directly to eligible general purpose local governments upon his approval of applications

therefor by the chief executives of such governments.

(1) At the discretion of such applicants, and if consistent

with an approved application, ørehabilitation and innovation¿

grants may be transferred in whole or in part to independent
93

special purpose local governments, private nonprofit agencies

or county or regional park authorities: Provided, That assisted

recreation areas and facilities owned or managed by them offer

recreation opportunities to the general population within the

jurisdictional boundaries of an eligible applicant.

(2) Payments may be made only for those ørehabilitation or

innovative¿ projects which have been approved by the Secretary. Such payments may be made from time to time in

keeping with the rate of progress toward the satisfactory completion of a project, except that the Secretary may, when appropriate, make advance payments on approved ørehabilitation

and innovative¿ projects in an amount not to exceed 20 per

centum of the total project cost.

(3) The Secretary may authorize modification of an approved

project only when a grantee has adequately demonstrated that

such modification is necessary because of circumstances not

foreseeable at the time a project was proposed.

* * * * * * *

SEC. 1007. LOCAL COMMITMENTS TO SYSTEM RECOVERY AND MAINTENANCE.

(a) As a requirement for project approval, local governments applying for assistance under this chapter shall submit to the Secretary evidence of their commitments to ongoing planning, development, rehabilitation, service, operation, and maintenance programs

for their park and recreation systems. These commitments will be

expressed in local park and recreation recovery action programs

which maximize coordination of all community resources, including

other federally supported urban development and recreation programs. During an initial interim period to be established by regulations under this chapter, this requirement may be satisfied by local

government submissions of preliminary action programs which

briefly define objectives, priorities, and implementation strategies

for overall system recovery and maintenance and commit the applicant to a scheduled program development process. Following this

interim period, all local applicants shall submit to the Secretary, as

a condition of eligibility, a five-year action program for park and

recreation recovery that satisfactorily demonstrate:

(1) systematic identification of recovery objectives, priorities,

and implementation strategies;

(2) adequate planning for development and rehabilitation of

specific recreation areas and facilities, including projections of

the cost of proposed projects;

(3) capacity and commitment to assure that facilities provided or improved under this chapter shall thereafter continue

to be adequately maintained, protected, staffed, and supervised;

(4) intention to maintain total local public outlays for park

and recreation purposes at levels at lest equal to those in the

year preceding that in which grant assistance is sought beginning in fiscal year 1980 except in any case where a reduction

in park and recreation outlays is proportionate to a reduction

in overall spending by the applicant; and
94

(5) the relationship of the park and recreation recovery program to overall community development and urban revitalization efforts. Where appropriate, the Secretary may encourage

local governments to meet action program requirements

through a continuing planning process which includes periodic

improvements and updates in action program submissions to

eliminate identified gaps in program information and policy development.

* * * * * * *

SEC. 1008. STATE ACTION INCENTIVE; FEDERAL IMPLEMENTATION

GRANTS, INCREASE.

(a) IN GENERAL.—The Secretary is authorized to increase Federal

implementation grants authorized in section 2505 of this title by

providing an additional match equal to the total match provided by

a State of up to 15 per centum of total project costs. In no event

may the Federal matching amount exceed 85 per centum of total

project cost. øThe Secretary shall further encourage the States to

assist him in assuring that local recovery plans and programs are

adequately implemented by cooperating with the Department of

the Interior in monitoring local park and recreation recovery plans

and programs and in assuring consistency of such plans and programs, where appropriate, with State recreation policies set forth

in statewide comprehensive outdoor recreation plans.¿

(b) COORDINATION WITH LAND AND WATER CONSERVATION FUND

ACTIVITIES.—

(1) The Secretary and general purpose local governments are

encouraged to coordinate preparation of recovery action programs required by this title with State Plans or State Action

Agendas required under section 6 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l–8), including the allowance or flexibility in preparation of recovery action programs

so they may be used to meet State and local qualifications for

local receipt of Land and Water Conservation Fund grants or

State grants for similar purposes or for other recreation or conservation purposes.

(2) The Secretary shall encourage States to consider the findings, priorities, strategies, and schedules included in the recovery action programs of their urban localities in preparation and

updating of State plans in accordance with the public coordination and citizen consultation requirements of section 6(d) of the

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

460l–8(d)).

* * * * * * *

øSEC. 1010. CONVERSION OF RECREATION PROPERTY.

øNo property improved or developed with assistance under this

chapter shall, without the approval of the Secretary, be converted

to other than public recreation uses. The Secretary shall approve

such conversion only if he finds it to be in accord with the current

local park and recreation recovery action program and only upon

such conditions as he deems necessary to assure the provision of

adequate recreation properties and opportunities of reasonably

equivalent location and usefulness.¿
95

CONVERSION OF RECREATION PROPERTY

SEC 1010. (a) No property developed, acquired, improved or rehabilitated under this title shall, without the approval of the Secretary, be converted to any purpose other than public recreation purposes.

(b) The Secretary shall approve such conversion only if the grantee demonstrates no prudent or feasible alternative exists with the exception of those properties that are no longer a viable recreation facility due to changes in demographics or that must be abandoned

because of environmental contamination or other condition that endangers public health or safety.

(c) Any conversion must satisfy any conditions the Secretary considers necessary to assure substitution of other recreation property

that is of at least equal fair market value and reasonably equivalent

usefulness and location; and is in accord with the current recreation

recovery action plan of the grantee.

* * * * * * *

øSEC. 1013. AUTHORIZATION OF APPROPRIATIONS.

ø(a) IN GENERAL.—There are hereby authorized to be appropriated for the purposes of this chapter, not to exceed $150,000,000

for each of the fiscal years 1979 through 1982, and $125,000,000

in fiscal year 1983, such sums to remain available until expended.

Not more than 3 per centum of the funds authorized in any fiscal

year may be used for grants for the development of local park and

recreation recovery action programs pursuant to sections 1007(a)

and 1007(c) of this title, and not more than 10 per centum may be

used for innovation grants pursuant to section 1006 of this title.

Grants made under this chapter for projects in any one State shall

not exceed in the aggregate 15 per centum of the aggregate amount

of funds authorized to be appropriated in any fiscal year. For the

authorizations made in this section, any amounts authorized but

not appropriated in any fiscal year shall remain available for appropriation in succeeding fiscal years. Notwithstanding any other

provision of this Act, or any other law, or regulation, there is further authorized to be appropriated $250,000 for each of the fiscal

years 1979 through 1983, such sums

to remain available until expended, to each of the insular areas. Such sums will not

be subject to the matching provisions of this section, and may only be subject to

such conditions, reports, plans, and agreements, if any, as determined by the Secretary.

ø(b) PROGRAM SUPPORT.—Not more than 25 percent of the

amounts made available under this chapter to any local government may be used for program support.¿

TREATMENT OF AMOUNTS TRANSFERRED FROM CONSERVATION AND

REINVESTMENT ACT FUND

SEC. 1013. (a) IN GENERAL.—Amounts transferred to the Secretary of the Interior under section 2(b)(6) of the Conservation and

Reinvestment Act in a fiscal year shall be available for obligation

and expenditure for the purpose of this section, without further appropriation and without fiscal year limitation. Any amounts that

have not been paid or obligated by the Secretary before the end of

the second fiscal year beginning after the first fiscal year in which
96

the amount is available shall be reapportioned by the Secretary

among grantees under this title.

(b) ADMINISTRATIVE EXPENSES.—Not more than four percent of

the amounts made available under this section in each fiscal year,

may be deducted by the Secretary for expenses in the administration

and execution of this Act.

(c) LIMITATIONS ON ANNUAL GRANTS.—After making the deduction under subsection (b), of the amounts available in a fiscal year

under subsection (a)—

(1) not more than 3 percent may be used for grants for the

development of local park and recreation recovery action programs pursuant to sections 1007(a) and 1007(c);

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

grants pursuant to section 1006; and

(3) not more than 15 percent may be provided as grants (in

the aggregate) for projects in any one State.

(d) LIMITATION ON USE FOR GRANT ADMINISTRATION.—The Secretary shall establish a limit on the portion of any grant under this

title, not to exceed 25 percent that may be used for grant and program administration.

øSEC. 1014. LIMITATION OF USE OF FUNDS.

øNo funds available under this chapter shall be used for the acquisition of land or interests in land.¿

øSEC. 1015. SUNSET AND REPORTING PROVISIONS; REPORTS TO CONGRESS.

ø(a) Within ninety days of the expiration of this authority, the

Secretary shall report to the Congress on the overall impact of the

urban park and recreation recovery program.¿

NATIONAL HISTORIC PRESERVATION ACT

Public Law 89–665 (Oct. 15, 1966), as Amended

* * * * * * *

SEC. 108.

(a) To carry out the provisions of this Act, there is hereby established the Historic Preservation Fund (hereafter referred to as the

‘‘fund’’) in the Treasury of the United States.

(b) There shall be covered into such fund $24,400,000 for fiscal

year 1977, $10,000,000 for fiscal year 1978, $100,000,000 for fiscal

year 1979, $150,000,000 for fiscal year 1980, and $150,000,000 for

fiscal year 1981 and $150,000,000 for each of fiscal years 1982

through 1997, from revenues due and payable to the United States

under the Outer Continental Shelf Lands Act (67 Stat. 462, 469),

as amended (43 U.S.C. 338), and/or under the Act of June 4, 1920

(41 Stat. 813), as amended (30 U.S.C. 191), notwithstanding any

provision of law that such proceeds shall be credited to miscellaneous receipts of the Treasury. Such moneys shall be used only to

carry out the purposes of this subchapter and shall be available for

expenditure only when appropriated by the Congress. Any moneys

not appropriated shall remain available in the fund until appropriated for said purposes: Provided, That appropriations made pur-
97

suant to this paragraph may be made without fiscal year limitation.

(c) Amounts transferred to the Secretary under section 5(b)(8) of

the Conservation and Reinvestment Act in a fiscal year shall be

available for obligation and expenditure for the purposes of this Act,

without further appropriation and without fiscal year limitation. (d)(1) Of the amounts in the fund, $150,000,000 shall be available

each fiscal year for obligation or expenditure in accordance with

paragraph (2) of this section. Such amounts shall be made available

without further appropriation, subject to the requirements of this

Act, and shall remain available until expended.

(2) Of the amounts made available each fiscal year— (A) $75,000,000 shall be available for State, local governmental, and tribal historic preservation programs as provided

in section 101(b), (c), and (d) of this Act (16 U.S.C. 470a(b), (c),

and (d);

(B) $15,000,000 shall be available for the American Battlefield Protection Program (16 U.S.C. 469k) for the protection of

threatened battlefields; and

(C) the remainder shall be available to carry out this Act, except that not less than 50 percent of the amounts made available shall be used for preservation projects on historic properties or archaeological sites in accordance with this Act, with

priority given to the preservation of endangered Federal historic

properties or archaeological sites.

(e)(1) The President shall include in the annual budget proposal

a list of programs to be funded under subsection (d)(2)(C) and additional funding amounts, if any, for State, local governmental, and

tribal historic programs in accordance with section 101(b), (c), and

(d) of this Act.

(2) Except as provided in paragraph (3), during any fiscal year

no money shall be obligated or expended for the programs identified

in paragraph (d)(2)(C) unless approved in an Act making appropriations.

(3) If the Congress adjourns sine die without appropriating the

full amount made available under subsection (d)(2)(C), 15 days

after the date of such adjournment, the Secretary shall, without further appropriation, obligate and expend the difference between the

full amount made available under subsection (d)(2)(C) and the

amount appropriated, only as follows:

(A) to provide additional funding for State, local governmental, and tribal historic preservation programs as provided

in section 101(b), (c), and (d) of this Act; or

(B) to fund preservation projects on endangered Federal historic properties or archaeological sites.

AMERICAN BATTLEFIELD PROTECTION ACT OF 1996

Public Law 104–333 (Nov. 12, 1996)

(a) SHORT TITLE.—This section may be cited as the ‘‘American

Battlefield Protection Act of 1996’’.

(b) PURPOSE.—The purpose of this section is to assist citizens,

public and private institutions, and governments at all levels in
98

planning, interpreting, and protecting sites where historic battles

were fought on American soil during the armed conflicts that

shaped the growth and development of the United States, in order

that present and future generations may learn and gain inspiration

from the ground where Americans made their ultimate sacrifice.

(c) PRESERVATION ASSISTANCE.—

(1) IN GENERAL.—Using the established national historic

preservation program to the extent practicable, the Secretary

of the Interior, acting through the American Battlefield Protection Program, shall encourage, support, assist, recognize, and

work in partnership with citizens, Federal, State, local, and

tribal governments, other public entities, educational institutions, and private nonprofit organizations in identifying, researching, evaluating, interpreting, and protecting historic battlefields and associated sites on a National, State, and local

level.

(2) FINANCIAL ASSISTANCE.—To carry out paragraph (1), the

Secretary may use a cooperative agreement, grant, contract, or

other generally adopted means of providing financial assistance. Priority for financial assistance for the preservation of

Civil War Battlefields shall be given to sites identified as Priority 1 battlefields in the ‘‘Civil War Sites Advisory Commission

Report on the Nation’s Civil War Battlefields‘‘ issued in 1993.

(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to

be appropriated ø$3,000,000¿ such sums as may be necessary annually to carry out this section, to remain available until expended.

ø(e) REPEAL.—

ø(1) IN GENERAL.—This section is repealed as of the date

that is 10 years after November 12, 1996.

ø(2) NO EFFECT ON GENERAL AUTHORITY.—The Secretary may

continue to conduct battlefield studies in accordance with other

authorities available to the Secretary.

ø(3) UNOBLIGATED FUNDS.—Any funds made available under

this section that remain unobligated shall be credited to the

general fund of the Treasury.

COOPERATIVE FORESTRY ASSISTANCE ACT OF 1978

Public Law 95–313 (July 1, 1978) as Amended

* * * * * * *

SEC. 21. RURAL DEVELOPMENT.

(a) USES.—The Secretary shall conduct a Rural Development program to provide technical assistance to rural communities for sustainable rural development purposes.

(b) FUNDING.—Amounts transferred to the Secretary of Agriculture under section 2(b)(11) of the Conservation and Reinvestment

Act shall be available for obligation and expenditure for the purpose

of this section, without further appropriation and without fiscal

year limitation.
99

PAYMENT FOR ENTITLEMENT LAND

31 U.S.C. 6906

SEC. 6906. AUTHORIZATION OF APPROPRIATIONS.

øNecessary amounts may be appropriated to the Secretary of the

interior to carry out this chapter. Amounts are available only as

provided in appropriation laws.¿

There are authorized to be appropriated such sums as may be

necessary to carry out this chapter.

Æ