II

107TH CONGRESS

1ST SESSION S. 1328

Entitled the ‘‘Conservation and Reinvestment Act’’.

IN THE SENATE OF THE UNITED STATES

AUGUST 2, 2001

Ms. LANDRIEU introduced the following bill; which was read twice and

referred to the Committee on Energy and Natural Resources

A BILL

Entitled the ‘‘Conservation and Reinvestment Act’’.

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

3 SECTION 1. SHORT TITLE.

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

6 SEC. 2. TABLE OF CONTENTS.

7 The table of contents for this division is as follows:

Sec. 1. Short title.

Sec. 2. Table of contents.

Sec. 3. Definitions.

Sec. 4. Annual reports.

Sec. 5. Conservation and Reinvestment Act Fund.

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

Sec. 7. Recordkeeping requirements.

Sec. 8. Maintenance of effort and matching funding.

Sec. 9. Sunset.

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

TITLE I—IMPACT ASSISTANCE AND COASTAL CONSERVATION

Sec. 101. Impact assistance formula and payments.

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

TITLE II—LAND AND WATER CONSERVATION FUND

REVITALIZATION

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

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

Sec. 203. Availability of amounts.

Sec. 204. Allocation of Fund.

Sec. 205. Use of Federal portion.

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

Sec. 207. State planning.

Sec. 208. Assistance to States for other projects.

Sec. 209. Conversion of property to other use.

Sec. 210. Water rights.

Sec. 211. Requirements for acquisition of lands in Montana with Federal portion.

TITLE III—WILDLIFE CONSERVATION AND RESTORATION

Sec. 301. Purpose.

Sec. 302. Technical correction.

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

Sec. 304. Apportionment to Indian tribes.

Sec. 305. Existing appropriations not affected.

TITLE IV—URBAN PARK AND RECREATION RECOVERY PROGRAM

AMENDMENTS

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

Sec. 402. Purpose.

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

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

Sec. 405. Definitions.

Sec. 406. Eligibility.

Sec. 407. Grants.

Sec. 408. Recovery action programs.

Sec. 409. State action incentives.

Sec. 410. Conversion of recreation property.

Sec. 411. Repeal.

TITLE V—HISTORIC PRESERVATION FUND

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

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

areas and corridors.

Sec. 503. Funding for maritime heritage programs.

TITLE VI—FEDERAL AND INDIAN LANDS RESTORATION
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Sec. 601. Purpose.

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

Sec. 603. Authorized uses of transferred amounts.

Sec. 604. Indian tribe defined.

TITLE VII—ENDANGERED AND THREATENED SPECIES

RECOVERY

Sec. 701. Purposes.

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

Sec. 703. Endangered and threatened species recovery assistance.

Sec. 704. Endangered and Threatened Species Recovery Agreements.

Sec. 705. Definitions.

TITLE VIII—FUNDING FOR PAYMENTS IN LIEU OF TAXES AND

REFUGE REVENUE SHARING

Sec. 801. Purpose.

Sec. 802. Treatment of amounts transferred from Conservation and Reinvestment Act Fund.

TITLE IX—PROTECTION OF SOCIAL SECURITY AND MEDICARE

BENEFITS

Sec. 901. Protection of social security and medicare benefits.

1 SEC. 3. DEFINITIONS.

2 For purposes of this Act:

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

4 population of all political subdivisions, as determined

5 by the most recent official data of the Census Bu6 reau, contained in whole or in part within the des7 ignated coastal boundary of a State as defined in a

8 State’s coastal zone management program under the

9 Coastal Zone Management Act (16 U.S.C. 1451 et

10 seq.).

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

12 means a political subdivision of a coastal State all or

13 part of which political subdivision is within the
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1 coastal zone (as defined in section 304 of the Coast2 al Zone Management Act (16 U.S.C. 1453)).

3 (3) The term ‘‘coastal State’’ has the same

4 meaning as provided by section 304 of the Coastal

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

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

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

8 1301 et seq.).

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

10 circle distance, measured in statute miles.

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

12 Government’s accounting period which begins on Oc13 tober 1st and ends on September 30th, and is des14 ignated by the calendar year in which it ends.

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

16 elected official of a State or of any other political en17 tity that is defined as, or treated as, a State under

18 the Land and Water Conservation Fund Act of 1965

19 (16 U.S.C. 460l–4 et seq.), the Pittman-Robertson

20 Wildlife Restoration Act (16 U.S.C. 669 et seq.), the

21 Urban Park and Recreation Recovery Act of 1978

22 (16 U.S.C. 2501 et seq.), or the National Historic

23 Preservation Act (16 U.S.C. 470h et seq.).

24 (8) The term ‘‘Indian tribe’’—
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1 (A) except as provided in subparagraph

2 (B), means any federally recognized Indian

3 tribe; and

4 (B) in the case of Alaska, means only a

5 Native corporation, as that term is defined in

6 section 3 of the Alaska Native Claims Settle7 ment Act (43 U.S.C. 1602).

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

9 leased under section 6 or 8 of the Outer Continental

10 Shelf Lands Act (43 U.S.C. 1335, 1337) for the

11 purpose of drilling for, developing, and producing oil

12 or natural gas resources, which is a unit consisting

13 of either a block, a portion of a block, a combination

14 of blocks or portions of blocks, or a combination of

15 portions of blocks, as specified in the lease, and as

16 depicted on an Outer Continental Shelf Official Pro17 traction Diagram.

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

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

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

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

23 and seabed appertain to the United States and are

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

2 local political jurisdiction immediately below the level

3 of State government, including counties, parishes,

4 and boroughs. If State law recognizes an entity of

5 general government that functions in lieu of, and is

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

8 of such other entities of general government as a

9 political subdivision for purposes of this title.

10 (12) The term ‘‘producing State’’ means a

11 State with a coastal seaward boundary within 200

12 miles from the geographic center of a leased tract

13 other than a leased tract or portion of a leased tract

14 that is located in a geographic area subject to a leas15 ing moratorium on January 1, 2001 (unless the

16 lease was issued prior to the establishment of the

17 moratorium and was in production on January 1,

18 2001).

19 (13) The term ‘‘qualified Outer Continental

20 Shelf revenues’’ means (except as otherwise provided

21 in this paragraph) all moneys received by the United

22 States from each leased tract or portion of a leased

23 tract lying seaward of the zone defined and governed

24 by section 8(g) of the Outer Continental Shelf Lands

25 Act (43 U.S.C. 1337(g)), or lying within such zone
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1 but to which section 8(g) does not apply, the geo2 graphic center of which lies within a distance of 200

3 miles from any part of the coastline of any coastal

4 State, including bonus bids, rents, royalties (includ5 ing payments for royalty taken in kind and sold),

6 net profit share payments, and related late-payment

7 interest from natural gas and oil leases issued pur8 suant to the Outer Continental Shelf Lands Act.

9 Such term does not include any revenues from a

10 leased tract or portion of a leased tract that is lo11 cated in a geographic area subject to a leasing mora12 torium on January 1, 2001, unless the lease was

13 issued prior to the establishment of the moratorium

14 and was in production on January 1, 2001.

15 (14) The term ‘‘Secretary’’ means the Secretary

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

17 otherwise specifically provided.

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

19 and Reinvestment Act Fund established under sec20 tion 5.

21 SEC. 4. ANNUAL REPORTS.

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

23 Governor receiving moneys from the Fund shall account

24 for all moneys so received for the previous fiscal year in

25 a written report to the Secretary of the Interior. The re-
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1 port shall include, in accordance with regulations pre2 scribed by the Secretary, a description of all projects and

3 activities receiving funds under this Act. In order to avoid

4 duplication, such report may incorporate by reference any

5 other reports required to be submitted under other provi6 sions of law to the Secretary by the Governor regarding

7 any portion of such moneys.

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

9 year the Secretary of the Interior shall submit an annual

10 report to the Congress documenting all moneys expended

11 by the Secretary of the Interior from the Fund during the

12 previous fiscal year and summarizing the contents of the

13 Governors’ reports submitted to the Secretaries under

14 subsection (a).

15 SEC. 5. CONSERVATION AND REINVESTMENT ACT FUND.

16 (a) ESTABLISHMENT OF FUND.—There is estab17 lished in the Treasury of the United States a fund which

18 shall be known as the ‘‘Conservation and Reinvestment

19 Act Fund’’. In each fiscal year after the fiscal year 2001,

20 the Secretary of the Treasury shall deposit into the Fund

21 the following amounts:

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

23 fiscal year from qualified Outer Continental Shelf

24 revenues equal to the difference between

25 $3,125,000,000 and the amounts deposited in the
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1 Fund under paragraphs (2) and (3), notwith2 standing section 9 of the Outer Continental Shelf

3 Lands Act (43 U.S.C. 1338).

4 (2) AMOUNTS NOT DISBURSED.—All allocated

5 but undisbursed amounts returned to the Fund

6 under section 101(a)(2).

7 (3) INTEREST.—All interest earned under sub8 section (d).

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

10 year after the fiscal year 2002, the Secretary of the Treas11 ury shall transfer amounts deposited into the Fund as fol12 lows:

13 (1) $1,000,000,000 to the Secretary of the In14 terior for purposes of making payments to coastal

15 States under title I of this Act.

16 (2) To the Land and Water Conservation Fund

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

18 Land and Water Conservation Fund Act of 1965

19 (16 U.S.C. 460l–6(a)) such amounts as are nec20 essary to make the income of the fund $900,000,000

21 in each such fiscal year.

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

23 restoration fund established under section 3 of the

24 Pittman-Robertson Wildlife Restoration Act (16

25 U.S.C. 669b).
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1 (4) $125,000,000 to the Secretary of the Inte2 rior to carry out the Urban Park and Recreation Re3 covery Act of 1978 (16 U.S.C. 2501 et seq.).

4 (5) $160,000,000 to the Secretary of the Inte5 rior for historic preservation purposes, of which—

6 (A) $150,000,000 shall be used to carry

7 out the National Historic Preservation Act (16

8 U.S.C. 470 et seq.); and

9 (B) $10,000,000 shall be used to carry out

10 the National Maritime Heritage Act of 1994.

11 (6) $200,000,000 to the Secretary of the Inte12 rior and the Secretary of Agriculture to carry out

13 title VI of this Act.

14 (7) $50,000,000 to the Secretary of the Interior

15 to develop and implement Endangered and Threat16 ened Species Recovery Agreements under of title VII

17 of this Act.

18 (8) $350,000,000 to the Secretary of the Inte19 rior to carry out title VIII of this Act.

20 (c) SHORTFALL.—If amounts referred to in para21 graphs (1) through (3) of subsection (a) in any fiscal year

22 after the fiscal year 2001 are less than $3,125,000,000,

23 the amounts transferred under paragraphs (1) through (8)

24 of subsection (b) for that fiscal year shall each be reduced

25 proportionately.
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1 (d) INTEREST.—The Secretary of the Treasury shall

2 invest moneys in the Fund (including interest), and in any

3 fund or account to which moneys are transferred pursuant

4 to subsection (b) of this section, in public debt securities

5 with maturities suitable to the needs of the Fund, as de6 termined by the Secretary of the Treasury, and bearing

7 interest at rates determined by the Secretary of the Treas8 ury, taking into consideration current market yields on

9 outstanding marketable obligations of the United States

10 of comparable maturity. Such invested moneys shall re11 main invested until needed to meet requirements for dis12 bursement for the programs financed under this Act.

13 (e) REFUNDS.—In those instances where through ju14 dicial decision, administrative review, arbitration, or other

15 means there are royalty refunds owed to entities gener16 ating revenues under this title, refunds shall be paid by

17 the Secretary of the Treasury from amounts available in

18 the Fund to the extent that such refunds are attributable

19 to qualified Outer Continental Shelf revenues deposited in

20 the Fund under this Act.

21 (f) INTENT OF CONGRESS TO SUPPLEMENT ANNUAL

22 APPROPRIATIONS FOR NATIONAL PARK SERVICE.—

23 Amounts made available by this Act are intended by the

24 Congress to supplement, and not detract from, annual ap25 propriations for the National Park Service.
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1 SEC. 6. LIMITATION ON USE OF AVAILABLE AMOUNTS FOR

2 ADMINISTRATION.

3 Notwithstanding any other provision of law, of

4 amounts made available by this Act (including the amend5 ments made by this Act) for a particular activity, not more

6 than 2 percent may be used for administrative expenses

7 of that activity. Nothing in this section shall affect section

8 4(c)(3) of the Pittman-Robertson Wildlife Restoration

9 Act.

10 SEC. 7. RECORDKEEPING REQUIREMENTS.

11 The Secretary of the Interior in consultation with the

12 Secretary of Agriculture shall establish such rules regard13 ing recordkeeping by State and local governments and the

14 auditing of expenditures made by State and local govern15 ments from funds made available under this Act as may

16 be necessary. Such rules shall be in addition to other re17 quirements established regarding recordkeeping and the

18 auditing of such expenditures under other authority of

19 law.

20 SEC. 8. MAINTENANCE OF EFFORT AND MATCHING FUND21 ING.

22 (a) IN GENERAL.—It is the intent of the Congress

23 in this Act that States not use this Act as an opportunity

24 to reduce State or local resources for the programs funded

25 by this Act. Except as provided in subsection (b), no State

26 or local government shall receive any funds under this Act
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1 during any fiscal year when its expenditures of non-Fed2 eral funds for recurrent expenditures for programs for

3 which funding is provided under this Act will be less than

4 its expenditures were for such programs during the pre5 ceding fiscal year. No State or local government shall re6 ceive funding under this Act with respect to a program

7 unless the Secretary is satisfied that such a grant will be

8 so used to supplement and, to the extent practicable, in9 crease the level of State, local, or other non-Federal funds

10 available for such program.

11 (b) EXCEPTION.—The Secretary may provide fund12 ing under this Act to a State or local government not

13 meeting the requirements of subsection (a) if the Sec14 retary determines that a reduction in expenditures—

15 (1) is attributable to a nonselective reduction in

16 expenditures for the programs of all executive

17 branch agencies of the State or local government; or

18 (2) is a result of reductions in State or local

19 revenue as a result of a downturn in the economy.

20 (c) USE OF FUND TO MEET MATCHING REQUIRE21 MENTS.—All funds received by a State or local govern22 ment under this Act shall be treated as Federal funds for

23 purposes of compliance with any provision in effect under

24 any other law requiring that non-Federal funds be used
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1 to provide a portion of the funding for any program or

2 project.

3 SEC. 9. SUNSET.

4 This Act, including the amendments made by this

5 Act, shall have no force or effect after September 30,

6 2015.

7 SEC. 10. PROTECTION OF PRIVATE PROPERTY RIGHTS.

8 (a) SAVINGS CLAUSE.—Nothing in the Act shall au9 thorize that private property be taken for public use, with10 out just compensation as provided by the Fifth and Four11 teenth amendments to the United States Constitution.

12 (b) REGULATION.—Federal agencies, using funds ap13 propriated by this Act, may not apply any regulation on

14 any lands or water until the lands or water, or an interest

15 therein, is acquired, unless authorized to do so by another

16 Act of Congress.

17 SEC. 11. SIGNS.

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

19 condition of any financial assistance provided with

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

21 owns or administers any site that benefits from such as22 sistance shall include on any sign otherwise installed at

23 that site at or near an entrance or public use focal point,

24 a statement that the existence or development of the site

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

2 design of standardized signs for purposes of subsection

3 (a), and shall prescribe standards and guidelines for such

4 signs.

5 TITLE I—IMPACT ASSISTANCE

6 AND COASTAL CONSERVATION

7 SEC. 101. IMPACT ASSISTANCE FORMULA AND PAYMENTS.

8 (a) IMPACT ASSISTANCE PAYMENTS TO STATES.—

9 (1) GRANT PROGRAM.—Amounts transferred to

10 the Secretary of the Interior from the Conservation

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

12 this Act for purposes of making payments to coastal

13 States under this title in any fiscal year shall be al14 located by the Secretary of the Interior among coast15 al States as provided in this section in each such fis16 cal year. In each such fiscal year, the Secretary of

17 the Interior shall, without further appropriation, dis18 burse such allocated funds to those coastal States

19 for which the Secretary has approved a Coastal

20 State Conservation and Impact Assistance Plan as

21 required by this title. Payments for all projects shall

22 be made by the Secretary to the Governor of the

23 State or to the State official or agency designated by

24 the Governor or by State law as having authority

25 and responsibility to accept and to administer funds
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1 paid hereunder. No payment shall be made to any

2 State until the State has agreed to provide such re3 ports to the Secretary, in such form and containing

4 such information, as may be reasonably necessary to

5 enable the Secretary to perform his duties under this

6 title, and provide such fiscal control and fund ac7 counting procedures as may be necessary to assure

8 proper disbursement and accounting for Federal rev9 enues paid to the State under this title.

10 (2) FAILURE TO HAVE PLAN APPROVED.—At

11 the end of each fiscal year, the Secretary shall re12 turn to the Conservation and Reinvestment Act

13 Fund any amount that the Secretary allocated, but

14 did not disburse, in that fiscal year to a coastal

15 State that does not have an approved plan under

16 this title before the end of the fiscal year in which

17 such grant is allocated, except that the Secretary

18 shall hold in escrow until the final resolution of the

19 appeal any amount allocated, but not disbursed, to

20 a coastal State that has appealed the disapproval of

21 a plan submitted under this title.

22 (b) ALLOCATION AMONG COASTAL STATES.—

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

24 each coastal State, the Secretary shall determine the

25 State’s allocable share of the total amount of the
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1 revenues transferred from the Fund under section

2 5(b)(1) for each fiscal year using the following

3 weighted formula:

4 (A) Fifty percent of such revenues shall be

5 allocated among the coastal States as provided

6 in paragraph (2).

7 (B) Twenty-five percent of such revenues

8 shall be allocated to each coastal State based on

9 the ratio of each State’s shoreline miles to the

10 shoreline miles of all coastal States.

11 (C) Twenty-five percent of such revenues

12 shall be allocated to each coastal State based on

13 the ratio of each State’s coastal population to

14 the coastal population of all coastal States.

15 (2) OFFSHORE OUTER CONTINENTAL SHELF

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

17 within a distance of 200 miles from the geographic

18 center of any leased tract with qualified Outer Con19 tinental Shelf revenues, the Secretary of the Interior

20 shall determine such State’s allocable share under

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

22 this paragraph. Such State share shall be calculated

23 as of the date of the enactment of this Act. Each

24 such State’s allocable share of the revenues dis25 bursed under paragraph (1)(A) shall be based on
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1 qualified Outer Continental Shelf revenues from

2 each leased tract or portion of a leased tract the ge3 ographic center of which is within a distance (to the

4 nearest whole mile) of 200 miles from the coastline

5 of the State and shall be inversely proportional to

6 the distance between the nearest point on the coast7 line of such State and the geographic center of each

8 such leased tract or portion, as determined by the

9 Secretary. In applying this paragraph a leased tract

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

11 tract or portion is located in a geographic area sub12 ject to a leasing moratorium on January 1, 2001,

13 unless the lease was issued prior to the establish14 ment of the moratorium and was in production on

15 January 1, 2001.

16 (3) MINIMUM STATE SHARE.—

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

18 revenues determined by the Secretary under

19 this subsection for each coastal State with an

20 approved coastal management program (as de21 fined by the Coastal Zone Management Act (16

22 U.S.C. 1451)), or which is making satisfactory

23 progress toward one, shall not be less in any

24 fiscal year than 0.50 percent of the total

25 amount of the revenues transferred by the Sec-
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1 retary of the Treasury to the Secretary of the

2 Interior for purposes of this title for that fiscal

3 year under subsection (a). For any other coast4 al State the allocable share of such revenues

5 shall not be less than 0.25 percent of such reve6 nues.

7 (B) RECOMPUTATION.—Where one or

8 more coastal States’ allocable shares, as com9 puted under paragraphs (1) and (2), are in10 creased by any amount under this paragraph,

11 the allocable share for all other coastal States

12 shall be recomputed and reduced by the same

13 amount so that not more than 100 percent of

14 the amount transferred by the Secretary of the

15 Treasury to the Secretary of the Interior for

16 purposes of this title for that fiscal year under

17 section 5(b)(1) is allocated to all coastal States.

18 The reduction shall be divided pro rata among

19 such other coastal States.

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

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

22 pay 50 percent of the State’s allocable share, as deter23 mined under subsection (b), to the coastal political sub24 divisions in such State. Such payments shall be allocated

25 among such coastal political subdivisions of the State ac-
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1 cording to an allocation formula analogous to the alloca2 tion formula used in subsection (b) to allocate revenues

3 among the coastal States, except that a coastal political

4 subdivision in the State of California that has a coastal

5 shoreline, that is not within 200 miles of the geographic

6 center of a leased tract or portion of a leased tract, and

7 in which there is located one or more oil refineries shall

8 be eligible for that portion of the allocation described in

9 subsection (b)(1)(A) and (b)(2) in the same manner as

10 if that political subdivision were located within a distance

11 of 50 miles from the geographic center of the closest

12 leased tract with qualified Outer Continental Shelf reve13 nues.

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

15 and coastal political subdivisions under this section shall

16 be made not later than December 31 of each year from

17 revenues received during the immediately preceding fiscal

18 year.

19 SEC. 102. COASTAL STATE CONSERVATION AND IMPACT AS20 SISTANCE PLANS.

21 (a) DEVELOPMENT AND SUBMISSION OF STATE

22 PLANS.—Each coastal State seeking to receive grants

23 under this title shall prepare, and submit to the Secretary,

24 a Statewide Coastal State Conservation and Impact As25 sistance Plan. In the case of a producing State, the Gov-
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1 ernor shall incorporate the plans of the coastal political

2 subdivisions into the Statewide plan for transmittal to the

3 Secretary. The Governor shall solicit local input and shall

4 provide for public participation in the development of the

5 Statewide plan. The plan shall be submitted to the Sec6 retary by April 1 of the calendar year after the calendar

7 year in which this Act is enacted.

8 (b) APPROVAL OR DISAPPROVAL.—

9 (1) IN GENERAL.—Approval of a Statewide

10 plan under subsection (a) is required prior to dis11 bursement of funds under this title by the Secretary.

12 The Secretary shall approve the Statewide plan if

13 the Secretary determines, in consultation with the

14 Secretary of Commerce, that the plan is consistent

15 with the uses set forth in subsection (c) and if the

16 plan contains each of the following:

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

18 have the authority to represent and act for the

19 State in dealing with the Secretary for purposes

20 of this title.

21 (B) A program for the implementation of

22 the plan which shall include (i) a description of

23 how the plan will address environmental con24 cerns, (ii) for producing States, a description of

25 how funds will be used to address the impacts
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1 of oil and gas production from the Outer Conti2 nental Shelf, and (iii) a description of how the

3 State will evaluate the effectiveness of the plan.

4 (C) Certification by the Governor that

5 ample opportunity has been accorded for public

6 participation in the development and revision of

7 the plan.

8 (D) Measures for taking into account other

9 relevant Federal resources and programs. The

10 plan shall be correlated so far as practicable

11 with other State, regional, and local plans.

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

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

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

16 the beginning of the first fiscal year to which the

17 plan applies, the Secretary shall approve or dis18 approve the plan by not later than 30 days before

19 the beginning of that fiscal year.

20 (3) AMENDMENT OR REVISION.—Any amend21 ment to or revision of the plan shall be prepared in

22 accordance with the requirements of this subsection

23 and shall be submitted to the Secretary for approval

24 or disapproval. Any such amendment or revision

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

2 by the Secretary.

3 (c) AUTHORIZED USES OF STATE GRANT FUND4 ING.—The funds provided under this title to a coastal

5 State and for coastal political subdivisions are authorized

6 to be used in compliance with Federal and State law only

7 for one or more of the following purposes:

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

9 fishery or marine mammal stock surveys in State

10 waters or both, cooperative State, interstate, and

11 Federal fishery or marine mammal stock surveys or

12 both, cooperative initiatives with university and pri13 vate entities for fishery and marine mammal sur14 veys, activities related to marine mammal and fish15 ery interactions, and other coastal living marine re16 sources surveys.

17 (2) The conservation, restoration, enhancement,

18 or creation of coastal habitats.

19 (3) Cooperative Federal or State enforcement of

20 marine resources management statutes.

21 (4) Fishery observer coverage programs in

22 State or Federal waters.

23 (5) Invasive, exotic, and nonindigenous species

24 identification and control.
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1 (6) Coordination and preparation of cooperative

2 fishery conservation and management plans between

3 States including the development and implementa4 tion of population surveys, assessments and moni5 toring plans, and the preparation and implementa6 tion of State fishery management plans developed by

7 interstate marine fishery commissions.

8 (7) Preparation and implementation of State

9 fishery or marine mammal management plans that

10 comply with bilateral or multilateral international

11 fishery or marine mammal conservation and man12 agement agreements or both.

13 (8) Coastal and ocean observations necessary to

14 develop and implement real time tide and current

15 measurement systems.

16 (9) Implementation of federally approved ma17 rine, coastal, or comprehensive conservation and

18 management plans.

19 (10) Mitigating marine and coastal impacts of

20 Outer Continental Shelf activities including impacts

21 on onshore infrastructure.

22 (11) Projects that promote research, education,

23 training, and advisory services in fields related to

24 ocean, coastal, and Great Lakes resources.
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1 (d) COMPLIANCE WITH AUTHORIZED USES.—Based

2 on the annual reports submitted under section 4 of this

3 Act and on audits conducted by the Secretary under sec4 tion 7, the Secretary shall review the expenditures made

5 by each State and coastal political subdivision from funds

6 made available under this title. If the Secretary deter7 mines that any expenditure made by a State or coastal

8 political subdivision of a State from such funds is not con9 sistent with the authorized uses set forth in subsection (c),

10 the Secretary shall not make any further grants under this

11 title to that State until the funds used for such expendi12 ture have been repaid to the Conservation and Reinvest13 ment Act Fund.

14 TITLE II—LAND AND WATER

15 CONSERVATION FUND REVI16 TALIZATION

17 SEC. 201. AMENDMENT OF LAND AND WATER CONSERVA18 TION FUND ACT OF 1965.

19 Except as otherwise expressly provided, whenever in

20 this title an amendment or repeal is expressed in terms

21 of an amendment to, or repeal of, a section or other provi22 sion, the reference shall be considered to be made to a

23 section or other provision of the Land and Water Con24 servation Fund Act of 1965 (16 U.S.C. 460l–4 et seq.).
26

•S 1328 IS

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

2 TRANSFERRED FROM CONSERVATION AND

3 REINVESTMENT ACT FUND.

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

5 ‘‘(c) AMOUNTS TRANSFERRED FROM CONSERVATION

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

7 of the revenues and collections estimated by the Secretary

8 of the Interior to be covered into the fund pursuant to

9 subsections (a) and (b) of this section, there shall be cov10 ered into the fund all amounts transferred to the fund

11 under section 5(b)(2) of the Conservation and Reinvest12 ment Act.’’.

13 SEC. 203. AVAILABILITY OF AMOUNTS.

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

15 follows:

16 ‘‘APPROPRIATIONS

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

18 be appropriated to the Secretary from the fund to carry

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

20 year after the fiscal year 2002. Amounts transferred to

21 the fund from the Conservation and Reinvestment Act

22 Fund and amounts covered into the fund under sub23 sections (a) and (b) of section 2 shall be available to the

24 Secretary in fiscal years after the fiscal year 2002 without

25 further appropriation to carry out this Act.
27

•S 1328 IS

1 ‘‘(b) OBLIGATION AND EXPENDITURE OF AVAILABLE

2 AMOUNTS.—Amounts available for obligation or expendi3 ture from the fund or from the special account established

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

5 as provided in this Act.’’.

6 SEC. 204. ALLOCATION OF FUND.

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

8 follows:

9 ‘‘ALLOCATION OF FUNDS

10 ‘‘SEC. 5. Of the amounts made available for each fis11 cal year to carry out this Act—

12 ‘‘(1) 50 percent shall be available for Federal

13 purposes (in this Act referred to as the ‘Federal por14 tion’); and

15 ‘‘(2) 50 percent shall be available for grants to

16 States.’’.

17 SEC. 205. USE OF FEDERAL PORTION.

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

19 at the end the following:

20 ‘‘(d) USE OF FEDERAL PORTION.—

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

22 Federal portion (as that term is defined in section

23 5(1)) may not be obligated or expended by the Sec24 retary of the Interior or the Secretary of Agriculture

25 for any acquisition except those specifically referred

26 to, and approved by the Congress, in an Act making
28

•S 1328 IS

1 appropriations for the Department of the Interior or

2 the Department of Agriculture, respectively.

3 ‘‘(2) WILLING SELLER REQUIREMENT.—The

4 Federal portion may not be used to acquire any

5 property unless—

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

7 the acquisition; or

8 ‘‘(B) acquisition of that property is specifi9 cally approved by an Act of Congress.

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

11 ‘‘(1) RESTRICTION ON USE.—The Federal por12 tion for a fiscal year may not be obligated or ex13 pended to acquire any interest in lands or water un14 less the lands or water were included in a list of ac15 quisitions that is approved by the Congress.

16 ‘‘(2) TRANSMISSION OF LIST.—(A) The Sec17 retary of the Interior and the Secretary of Agri18 culture shall jointly transmit to the appropriate au19 thorizing and appropriations committees of the

20 House of Representatives and the Senate for each

21 fiscal year, by no later than the submission of the

22 budget for the fiscal year under section 1105 of title

23 31, United States Code, a list of the acquisitions of

24 interests in lands and water proposed to be made

25 with the Federal portion for the fiscal year.
29

•S 1328 IS

1 ‘‘(B) In preparing each list under subparagraph

2 (A), the Secretary shall—

3 ‘‘(i) seek to consolidate Federal land4 holdings in States with checkerboard Federal

5 land ownership patterns;

6 ‘‘(ii) consider the use of equal value land

7 exchanges, where feasible and suitable, as an al8 ternative means of land acquisition;

9 ‘‘(iii) consider the use of permanent con10 servation easements, where feasible and suit11 able, as an alternative means of acquisition;

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

14 specify any for which adverse condemnation is

15 requested; and

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

18 threats to resource integrity, timely availability,

19 owner hardship, cost escalation, public recre20 ation use values, and similar considerations.

21 ‘‘(C) The Secretary of the Interior and the Sec22 retary of Agriculture shall each—

23 ‘‘(i) transmit, with the list transmitted

24 under subparagraph (A), a separate list of

25 those lands under the administrative jurisdic-
30

•S 1328 IS

1 tion of the Secretary that have been identified

2 in applicable land management plans as surplus

3 and eligible for disposal as provided for by law;

4 and

5 ‘‘(ii) update each list to be transmitted

6 under clause (i) as land management plans are

7 amended or revised.

8 ‘‘(3) INFORMATION REGARDING PROPOSED AC9 QUISITIONS.—Each list under paragraph (2)(A)

10 shall include, for each proposed acquisition included

11 in the list—

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

13 the acquisition, if such authority exists; and

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

15 interest proposed to be acquired was selected.

16 ‘‘(f) NOTIFICATION TO AFFECTED AREAS RE17 QUIRED.—The Federal portion for a fiscal year may not

18 be used to acquire any interest in land unless the Sec19 retary administering the acquisition, by not later than 30

20 days after the date the Secretaries submit the list under

21 subsection (e)(2)(A) for the fiscal year, provides notice of

22 the proposed acquisition—

23 ‘‘(1) in writing to each Member of and each

24 Delegate and Resident Commissioner to the Con-
31

•S 1328 IS

1 gress elected to represent any area in which is

2 located—

3 ‘‘(A) the land; or

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

5 unit that includes the land;

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

7 which the land is located;

8 ‘‘(3) in writing to each State political subdivi9 sion having jurisdiction over the land; and

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

11 that is widely distributed in the area under the juris12 diction of each such State political subdivision, that

13 includes a clear statement that the Federal Govern14 ment intends to acquire an interest in land.

15 ‘‘(g) COMPLIANCE WITH REQUIREMENTS UNDER

16 FEDERAL LAWS.—

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

18 fiscal year may not be used to acquire any interest

19 in land or water unless the following have occurred:

20 ‘‘(A) All actions required under Federal

21 law with respect to the acquisition have been

22 complied with.

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

24 impact statement or environmental assessment

25 required by law, and a summary of all public
32

•S 1328 IS

1 comments regarding the acquisition that have

2 been received by the agency making the acquisi3 tion, are submitted to the Committee on Re4 sources of the House of Representatives, the

5 Committee on Energy and Natural Resources of

6 the Senate, and the Committees on Appropria7 tions of the House of Representatives and of

8 the Senate.

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

10 statement or assessment and of such summary

11 is provided to—

12 ‘‘(i) each Member of and each Dele13 gate and Resident Commissioner to the

14 Congress elected to represent the area in

15 which the land is located;

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

17 which the land is located; and

18 ‘‘(iii) each State political subdivision

19 having jurisdiction over the land.

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

21 (1) shall not apply to any acquisition that is specifi22 cally authorized by a Federal law.’’.
33

•S 1328 IS

1 SEC. 206. ALLOCATION OF AMOUNTS AVAILABLE FOR

2 STATE PURPOSES.

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

4 8(b)) is amended to read as follows:

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

6 in the fund available each fiscal year for State purposes

7 shall be apportioned among the several States by the Sec8 retary, in accordance with this subsection. The determina9 tion of the apportionment by the Secretary shall be final.

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

11 available each fiscal year for State purposes—

12 ‘‘(A) 30 percent shall be apportioned equally

13 among the several States; and

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

15 the ratio that the amount apportioned to each State

16 under this subparagraph bears to the total amount

17 apportioned under this subparagraph for the fiscal

18 year is equal to the ratio that the population of the

19 State bears to the total population of all States.

20 No amount may be apportioned under this paragraph to

21 any State (herein referred to as an ‘unfunded State’) that

22 has not established a dedicated State land acquisition fund

23 that is funded through the State’s budget process. The

24 amount that would have been apportioned to any such un25 funded State under this paragraph shall be reapportioned
34

•S 1328 IS

1 to other States in accordance with subparagraphs (A) and

2 (B).

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

4 a fiscal year under paragraph (2) shall not exceed 10 per5 cent of the total amount allocated to the several States

6 under paragraph (2) for that fiscal year.

7 ‘‘(4) The Secretary shall notify each State of its ap8 portionment, and the amounts thereof shall be available

9 thereafter to the State for planning, acquisition, or devel10 opment projects as hereafter described. Any amount of

11 any apportionment under this subsection that has not

12 been paid or obligated by the Secretary during the fiscal

13 year in which such notification is given and the two fiscal

14 years thereafter shall be reapportioned by the Secretary

15 in accordance with paragraph (2), but without regard to

16 the 10 percent limitation to an individual State specified

17 in paragraph (3).

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

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

20 a State; and

21 ‘‘(ii) Puerto Rico, the Virgin Islands, Guam,

22 and American Samoa—

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

24 State; and
35

•S 1328 IS

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

2 of any amount distributed to them pursuant to

3 clause (i).

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

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

6 this Act.’’.

7 (b) TRIBES AND ALASKA NATIVE CORPORATIONS.—

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

9 amended by adding at the end the following new subpara10 graph:

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

12 recognized Indian tribes, or in the case of Alaska, Native

13 Corporations (as defined in section 3 of the Alaska Native

14 Claims Settlement Act (43 U.S.C. 1602)), shall be eligible

15 to receive shares of the apportionment under paragraph

16 (1) in accordance with a competitive grant program estab17 lished by the Secretary by rule. The total apportionment

18 available to such tribes, or in the case of Alaska, Native

19 Corporations shall be equivalent to the amount available

20 to a single State. No single tribe, nor in the case of Alas21 ka, Native Corporation shall receive a grant that con22 stitutes more than 10 percent of the total amount made

23 available to all tribes and Alaska Native Corporations pur24 suant to the apportionment under paragraph (1). Funds

25 received by a tribe, or in the case of Alaska, Native Cor-
36

•S 1328 IS

1 poration under this subparagraph may be expended only

2 for the purposes specified in clauses (1) and (3) of sub3 section (a).’’.

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

5 460l–8(b)) is amended by adding at the end the following:

6 ‘‘(6) Absent some compelling and annually docu7 mented reason to the contrary acceptable to the Secretary

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

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

10 grants to local governments, at least 50 percent of the an11 nual State apportionment, or an equivalent amount made

12 available from other sources.’’.

13 (d) STATE PROJECTS OF REGIONAL OR NATIONAL

14 SIGNIFICANCE.—Section 6(b) (16 U.S.C. 460l–8(b)) is

15 amended by adding the following at the end:

16 ‘‘(7)(A) Any amounts available in addition to those

17 amounts made available under section 5 of the Conserva18 tion and Reinvestment Act in a fiscal year shall be avail19 able without further appropriation to the Secretary of the

20 Interior to be distributed among the several States under

21 a competitive grant program for State projects as author22 ized under section 6(e)(1) of national or regional signifi23 cance involving one or more States.

24 ‘‘(B) The Secretary shall award grants only to

25 projects that would conserve open space and either con-
37

•S 1328 IS

1 serve wildlife habitat, protect water quality, or otherwise

2 enhance the environment, or that would protect areas that

3 have historic or cultural value. The Secretary shall give

4 preference to projects that would be most likely to have

5 the greatest benefit to the environment regionally or na6 tionally and would maintain or enhance recreational op7 portunities.’’.

8 SEC. 207. STATE PLANNING.

9 (a) STATE ACTION AGENDA REQUIRED.—

10 (1) IN GENERAL.—Section 6(d) (16 U.S.C.

11 460l–8(d)) is amended to read as follows:

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

13 State may define its own priorities and criteria for selec14 tion of outdoor conservation and recreation acquisition

15 and development projects eligible for grants under this

16 Act, so long as the priorities and criteria defined by the

17 State are consistent with the purposes of this Act, the

18 State provides for public involvement in this process, and

19 the State publishes an accurate and current State Action

20 Agenda for Community Conservation and Recreation (in

21 this Act referred to as the ‘State Action Agenda’) indi22 cating the needs it has identified and the priorities and

23 criteria it has established. In order to assess its needs and

24 establish its overall priorities, each State, in partnership

25 with its local governments and Federal agencies, and in
38

•S 1328 IS

1 consultation with its citizens, shall develop, within 5 years

2 after the enactment of the Conservation and Reinvestment

3 Act, a State Action Agenda that meets the following re4 quirements:

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

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

7 actions that can be funded over the next 5 years.

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

9 every 5 years and certified by the Governor that the

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

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

14 providers of conservation and recreation lands within each

15 State, including Federal, regional, and local government

16 resources, and shall be correlated whenever possible with

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

18 open space, and wetlands conservation. Recovery action

19 programs developed by urban localities under section 1007

20 of the Urban Park and Recreation Recovery Act of 1978

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

22 priorities, and action schedules contained in State Action

23 Agenda. Each State shall assure that any requirements

24 for local outdoor conservation and recreation planning,

25 promulgated as conditions for grants, minimize redun-
39

•S 1328 IS

1 dancy of local efforts by allowing, wherever possible, use

2 of the findings, priorities, and implementation schedules

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

4 (2) EXISTING STATE PLANS.—Comprehensive

5 State Plans developed by any State under section

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

7 of 1965 before the date that is 5 years after the en8 actment of this Act shall remain in effect in that

9 State until a State Action Agenda has been adopted

10 pursuant to the amendment made by this subsection,

11 but no later than 5 years after the enactment of this

12 Act.

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

14 8(e)) is amended as follows:

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

16 striking ‘‘State comprehensive plan’’ and inserting

17 ‘‘State Action Agenda’’.

18 (2) In paragraph (1) by striking ‘‘comprehen19 sive plan’’ and inserting ‘‘State Action Agenda’’.

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

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

22 (1) in subsection (e)(1) by striking ‘‘, but not

23 including incidental costs relating to acquisition’’;

24 and
40

•S 1328 IS

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

2 period at the end the following: ‘‘or to enhance pub3 lic safety within a designated park or recreation

4 area’’.

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

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

7 amended—

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

9 and

10 (2) by striking the second sentence and insert11 ing the following:

12 ‘‘(B) The Secretary shall approve such conversion

13 only if the State demonstrates no prudent or feasible alter14 native exists with the exception of those properties that

15 no longer meet the criteria within the State Plan or Agen16 da as an outdoor conservation and recreation facility due

17 to changes in demographics or that must be abandoned

18 because of environmental contamination which endangers

19 public health and safety. Any conversion must satisfy such

20 conditions as the Secretary deems necessary to assure the

21 substitution of other conservation and recreation prop22 erties of at least equal fair market value and reasonably

23 equivalent usefulness and location and which are con24 sistent with the existing State Plan or Agenda; except that

25 wetland areas and interests therein as identified in the
41

•S 1328 IS

1 wetlands provisions of the action agenda and proposed to

2 be acquired as suitable replacement property within that

3 same State that is otherwise acceptable to the Secretary

4 shall be considered to be of reasonably equivalent useful5 ness with the property proposed for conversion.’’.

6 SEC. 210. WATER RIGHTS.

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

8 ‘‘WATER RIGHTS

9 ‘‘SEC. 14. Nothing in this title—

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

11 water law or an interstate compact governing water;

12 ‘‘(2) alters the rights of any State to any ap13 propriated share of the waters of any body of sur14 face or ground water, whether determined by past or

15 future interstate compacts or by past or future legis16 lative or final judicial allocations;

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

18 law, or interstate compact, dealing with water qual19 ity or disposal; or

20 ‘‘(4) confers on any non-Federal entity the abil21 ity to exercise any Federal right to the waters of any

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

23 SEC. 211. REQUIREMENTS FOR ACQUISITION OF LANDS IN

24 MONTANA WITH FEDERAL PORTION.

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

26 adding at the end the following:
42

•S 1328 IS

1 ‘‘(h) REQUIREMENTS FOR ACQUISITION OF LANDS IN

2 MONTANA.—The Secretary of the Interior and the Sec3 retary of Agriculture shall jointly develop and issue a plan

4 for acquisition and disposal of lands in the State of Mon5 tana that will result in consolidation of forest reserves cre6 ated from the public domain and private inholdings within

7 those reserves. The plan shall be designed to ensure that—

8 ‘‘(1) acquisitions of lands with the Federal por9 tion consolidate Federal ownership of lands in Mon10 tana under the administrative jurisdiction of the De11 partment of the Interior and the Forest Service; and

12 ‘‘(2) any increase in the total acreage of lands

13 in Montana under those administrative jurisdictions

14 that results from acquisitions of lands with the Fed15 eral portion is de minimis.’’.

16 TITLE III—WILDLIFE CONSERVA17 TION AND RESTORATION

18 SEC. 301. PURPOSE.

19 The purpose of this title is to ensure adequate fund20 ing of the Wildlife Conservation and Restoration Planning

21 program established under the amendments to the Pitt22 man-Robertson Wildlife Restoration Act (16 U.S.C. 669

23 et seq.) enacted by H.R. 5548 as introduced in the 106th

24 Congress and enacted, by reference, by Public Law 106–

25 553.
43

•S 1328 IS

1 SEC. 302. TECHNICAL CORRECTION.

2 (a) CORRECTION OF SUBSECTION DESIGNATION.—

3 Section 4 of the Pittman-Robertson Wildlife Restoration

4 Act (16 U.S.C. 669c) is amended by redesignating the

5 first subsection (c) (relating to revenues from pistols, re6 volvers, bows, and arrows) as subsection (e) and moving

7 such subsection so as to appear after subsection (d) of

8 that section.

9 (b) CONFORMING AMENDMENTS.—Such Act is fur10 ther amended—

11 (1) in section 4(b) (16 U.S.C. 669c(b)) by

12 striking ‘‘subsection (c)’’ and inserting ‘‘subsection

13 (e)’’;

14 (2) in section 8(b) (16 U.S.C. 669g(b)) by

15 striking ‘‘section 4(c)’’ and inserting ‘‘section 4(e);

16 and

17 (3) in section 10 (16 U.S.C. 669h–1) by strik18 ing ‘‘section 4(c)’’ each place it appears and insert19 ing ‘‘section 4(e)’’.

20 SEC. 303. TREATMENT OF AMOUNTS TRANSFERRED FROM

21 CONSERVATION AND REINVESTMENT ACT

22 FUND.

23 Section 3(a)(2) of the Pittman-Robertson Wildlife

24 Restoration Act (16 U.S.C. 669b(a)(2)) is amended to

25 read as follows:
44

•S 1328 IS

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

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

3 conservation and restoration account’. Amounts trans4 ferred to the fund for a fiscal year under section 5(b)(3)

5 of the Conservation and Reinvestment Act shall be depos6 ited in the subaccount and shall be available without fur7 ther appropriation, in each fiscal year, for apportionment

8 in accordance with this Act to carry out State wildlife con9 servation and restoration programs.’’.

10 SEC. 304. APPORTIONMENT TO INDIAN TRIBES.

11 (a) IN GENERAL.—Section 4(c)(1) of the Pittman12 Robertson Wildlife Restoration Act (16 U.S.C. 669c(c)(1))

13 is amended—

14 (1) in the matter preceding subparagraph (A)

15 by striking ‘‘from’’ and inserting ‘‘from amounts

16 available each fiscal year from’’; and

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

18 ‘‘(C) To Indian tribes, a sum equal to not more

than 21 19 ⁄4 percent thereof, of which—

‘‘(i) 1 20 ⁄3 shall be allocated based on the

21 ratio to which the trust land area of each In22 dian tribe bears to the total trust land area of

23 all Indian tribes; and

‘‘(ii) 2 24 ⁄3 shall be allocated based on the

25 ratio to which the population of each Indian
45

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1 tribe bears to the total population of all Indian

2 tribes;

3 except that no Indian tribe shall receive more than

4 5 percent of the total amount made available in a

5 fiscal year to Indian tribes under this subsection.’’.

6 (b) TREATMENT OF APPORTIONMENTS TO INDIAN

7 TRIBES.—Section 4 of such Act (16 U.S.C. 669c) is

8 amended by adding at the end the following:

9 ‘‘(e) TREATMENT OF APPORTIONMENTS TO INDIAN

10 TRIBES.—For purposes of the treatment under this Act

11 of amounts apportioned to Indian tribes under subsection

12 (c)(1)(C), the term ‘State’ includes an Indian tribe.’’.

13 (c) INDIAN TRIBE DEFINED.—Section 2 of such Act

14 (16 U.S.C. 669a) is amended—

15 (1) by redesignating paragraphs (2) through

16 (8) in order as paragraphs (3) through (9); and

17 (2) by inserting after paragraph (1) the fol18 lowing:

19 ‘‘(2) The term ‘Indian tribe’—

20 ‘‘(A) except as provided in subparagraph

21 (B), means any federally recognized Indian

22 tribe; and

23 ‘‘(B) in the case of Alaska, means only a

24 Native corporation, as that term is defined in
46

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1 section 3 of the Alaska Native Claims Settle2 ment Act (43 U.S.C. 1602);’’.

3 (d) CONFORMING AMENDMENTS.—Such Act is

4 amended—

5 (1) in section 3(c)(2) (16 U.S.C. 669b(c)(2)) by

6 striking ‘‘or an Indian tribe’’; and

7 (2) in section 4(d)(5) (16 U.S.C. 669c(d)(5))—

8 (A) by striking ‘‘and the Commonwealth’’

9 and inserting ‘‘the Commonwealth’’; and

10 (B) by inserting before the period the fol11 lowing: ‘‘, and, except for purposes of sub12 section (c)(2), each Indian tribe’’.

13 SEC. 305. EXISTING APPROPRIATIONS NOT AFFECTED.

14 Nothing in this title shall apply to or otherwise affect

15 the availability or use of amounts appropriated before the

16 date of the enactment of this Act. Such amounts may be

17 expended as if this Act and the amendments made by this

18 Act were not enacted.

19 TITLE IV—URBAN PARK AND

20 RECREATION RECOVERY

21 PROGRAM AMENDMENTS

22 SEC. 401. AMENDMENT OF URBAN PARK AND RECREATION

23 RECOVERY ACT OF 1978.

24 Except as otherwise expressly provided, whenever in

25 this title an amendment or repeal is expressed in terms
47

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1 of an amendment to, or repeal of, a section or other provi2 sion, the reference shall be considered to be made to a

3 section or other provision of the Urban Park and Recre4 ation Recovery Act of 1978 (16 U.S.C. 2501 et seq.).

5 SEC. 402. PURPOSE.

6 The purpose of this title is to provide a dedicated

7 source of funding to assist local governments in improving

8 their park and recreation systems.

9 SEC. 403. TREATMENT OF AMOUNTS TRANSFERRED FROM

10 CONSERVATION AND REINVESTMENT ACT

11 FUND.

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

13 as follows:

14 ‘‘TREATMENT OF AMOUNTS TRANSFERRED FROM

15 CONSERVATION AND REINVESTMENT ACT FUND

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

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

18 the Conservation and Reinvestment Act in a fiscal year

19 shall be available to the Secretary without further appro20 priation to carry out this title. Any amount that has not

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

22 the second fiscal year beginning after the first fiscal year

23 in which the amount is available shall be reapportioned

24 by the Secretary among grantees under this title.

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

26 amounts available in a fiscal year under subsection (a)—
48

•S 1328 IS

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

2 grants for the development of local park and recre3 ation recovery action programs pursuant to sections

4 1007(a) and 1007(c);

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

6 innovation grants pursuant to section 1006; and

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

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

9 State.

10 ‘‘(c) LIMITATION ON USE FOR GRANT ADMINISTRA11 TION.—The Secretary shall establish a limit on the portion

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

13 and program administration.’’.

14 SEC. 404. AUTHORITY TO DEVELOP NEW AREAS AND FA15 CILITIES.

16 Section 1003 (16 U.S.C. 2502) is amended by insert17 ing ‘‘development of new recreation areas and facilities,

18 including the acquisition of lands for such development,’’

19 after ‘‘rehabilitation of critically needed recreation areas,

20 facilities,’’.

21 SEC. 405. DEFINITIONS.

22 Section 1004 (16 U.S.C. 2503) is amended as fol23 lows:

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

25 semicolon.
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1 (2) In paragraph (k) by striking the period at

2 the end and inserting a semicolon.

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

4 ‘‘(l) ‘development grants’—

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

6 matching capital grants to units of local govern7 ment to cover costs of development, land acqui8 sition, and construction on existing or new

9 neighborhood recreation sites, including indoor

10 and outdoor recreational areas and facilities,

11 support facilities, and landscaping; and

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

13 and upkeep activities; and

14 ‘‘(m) ‘Secretary’ means the Secretary of the In15 terior.’’.

16 SEC. 406. ELIGIBILITY.

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

18 read as follows:

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

20 to compete for assistance under this title shall be based

21 upon need as determined by the Secretary. Generally, eli22 gible general purpose local governments shall include the

23 following:
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1 ‘‘(1) All political subdivisions of Metropolitan,

2 Primary, or Consolidated Statistical Areas, as deter3 mined by the most recent Census.

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

5 towns (or both) within such a Metropolitan Statis6 tical Area, that has a total population of 50,000 or

7 more as determined by the most recent Census.

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

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

10 by the most recent Census.’’.

11 SEC. 407. GRANTS.

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

13 (1) in subsection (a) by redesignating para14 graph (3) as paragraph (4); and

15 (2) by striking so much as precedes subsection

16 (a)(4) (as so redesignated) and inserting the fol17 lowing:

18 ‘‘GRANTS

19 ‘‘SEC. 1006. (a)(1) The Secretary may provide 70

20 percent matching grants for rehabilitation, development,

21 acquisition, and innovation purposes to any eligible gen22 eral purpose local government upon approval by the Sec23 retary of an application submitted by the chief executive

24 of such government.

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

26 under this section may be transferred in whole or part to
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1 independent special purpose local governments, private

2 nonprofit agencies, or county or regional park authorities,

3 if—

4 ‘‘(A) such transfer is consistent with the ap5 proved application for the grant; and

6 ‘‘(B) the applicant provides assurance to the

7 Secretary that the applicant will maintain public

8 recreation opportunities at assisted areas and facili9 ties in accordance with section 1010.

10 ‘‘(3) Payments may be made only for those rehabilita11 tion, development, or innovation projects that have been

12 approved by the Secretary. Such payments may be made

13 from time to time in keeping with the rate of progress

14 toward completion of a project, on a reimbursable basis.’’.

15 SEC. 408. RECOVERY ACTION PROGRAMS.

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

17 (1) in subsection (a) in the first sentence by in18 serting ‘‘development,’’ after ‘‘commitments to ongo19 ing planning,’’; and

20 (2) in subsection (a)(2) by inserting ‘‘develop21 ment and’’ after ‘‘adequate planning for’’.

22 SEC. 409. STATE ACTION INCENTIVES.

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

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

25 the first sentence; and
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1 (2) by striking the last sentence of subsection

2 (a) (as designated by paragraph (1) of this section)

3 and inserting the following:

4 ‘‘(b) COORDINATION WITH LAND AND WATER CON5 SERVATION FUND ACTIVITIES.—(1) The Secretary and

6 general purpose local governments are encouraged to co7 ordinate preparation of recovery action programs required

8 by this title with State Plans or Agendas required under

9 section 6 of the Land and Water Conservation Fund Act

10 of 1965, including by allowing flexibility in preparation of

11 recovery action programs so they may be used to meet

12 State and local qualifications for local receipt of Land and

13 Water Conservation Fund grants or State grants for simi14 lar purposes or for other conservation or recreation pur15 poses.

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

17 the findings, priorities, strategies, and schedules included

18 in the recovery action programs of their urban localities

19 in preparation and updating of State plans in accordance

20 with the public coordination and citizen consultation re21 quirements of subsection 6(d) of the Land and Water Con22 servation Fund Act of 1965.’’.

23 SEC. 410. CONVERSION OF RECREATION PROPERTY.

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

25 as follows:
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1 ‘‘CONVERSION OF RECREATION PROPERTY

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

3 or rehabilitated under this title shall, without the approval

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

5 public recreation purposes.

6 ‘‘(2) Paragraph (1) shall apply to—

7 ‘‘(A) property developed with amounts provided

8 under this title; and

9 ‘‘(B) the park, recreation, or conservation area

10 of which the property is a part.

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

12 only if the grantee demonstrates no prudent or feasible

13 alternative exists.

14 ‘‘(2) Paragraph (1) shall apply to property that is

15 no longer a viable recreation facility due to changes in de16 mographics or that must be abandoned because of environ17 mental contamination which endangers public health or

18 safety.

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

20 Secretary considers necessary to assure substitution of

21 other recreation property that is—

22 ‘‘(1) of at least equal fair market value, and

23 reasonably equivalent usefulness and location; and

24 ‘‘(2) in accord with the current recreation re25 covery action program of the grantee.’’.
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1 SEC. 411. REPEAL.

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

3 TITLE V—HISTORIC

4 PRESERVATION FUND

5 SEC. 501. TREATMENT OF AMOUNTS TRANSFERRED FROM

6 CONSERVATION AND REINVESTMENT ACT

7 FUND.

8 Section 108 of the National Historic Preservation Act

9 (16 U.S.C. 470h) is amended—

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

11 (2) in subsection (a) (as designated by para12 graph (1) of this section) by striking all after the

13 first sentence; and

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

15 ‘‘(b) Amounts transferred to the Secretary under sec16 tion 5(b)(5) of the Conservation and Reinvestment Act in

17 a fiscal year shall be deposited into the Fund and shall

18 be available without further appropriation only to provide

19 grants and other financial and technical assistance under

20 this Act to States, Indian tribes, local governments, and

21 other non-Federal governmental entities.

22 ‘‘(c) At least one-half of the funds obligated or ex23 pended each fiscal year under this Act shall be used in

24 accordance with this Act for preservation projects on his25 toric properties. In making such funds available, the Sec-
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1 retary shall give priority to the preservation of endangered

2 historic properties.’’.

3 SEC. 502. STATE USE OF HISTORIC PRESERVATION ASSIST4 ANCE FOR NATIONAL HERITAGE AREAS AND

5 CORRIDORS.

6 Title I of the National Historic Preservation Act (16

7 U.S.C. 470a et seq.) is amended by adding at the end the

8 following:

9 ‘‘SEC. 114. STATE USE OF ASSISTANCE FOR NATIONAL HER10 ITAGE AREAS AND CORRIDORS.

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

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

13 by the State to provide financial assistance to the manage14 ment entity for any national heritage area or national her15 itage corridor established under the laws of the United

16 States, to support cooperative historic preservation plan17 ning and development.’’.

18 SEC. 503. FUNDING FOR MARITIME HERITAGE PROGRAMS.

19 Section 6 of the National Maritime Heritage Act of

20 1994 (16 U.S.C. 5405) is amended—

21 (1) by redesignating subsection (d) as sub22 section (e), and by inserting after subsection (c) the

23 following:

24 ‘‘(d) AVAILABILITY OF FUNDS FROM CONSERVATION

25 AND REINVESTMENT ACT FUND.—Amounts transferred
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1 to the Secretary under section 5(b)(8) of the Conservation

2 and Reinvestment Act shall be available until expended

3 and without further appropriation to carry out the Pro4 gram as provided in subsection (b).’’; and

5 (2) in subsection (b), by striking ‘‘subsection

6 (a)(1)(C)’’ each place it appears and inserting ‘‘this

7 section’’.

8 TITLE VI—FEDERAL AND INDIAN

9 LANDS RESTORATION

10 SEC. 601. PURPOSE.

11 The purpose of this title is to provide a dedicated

12 source of funding for a coordinated program on Federal

13 and Indian lands to restore degraded lands, protect re14 sources that are threatened with degradation, and protect

15 public health and safety.

16 SEC. 602. TREATMENT OF AMOUNTS TRANSFERRED FROM

17 CONSERVATION AND REINVESTMENT ACT

18 FUND; ALLOCATION.

19 (a) IN GENERAL.—Amounts transferred to the Sec20 retary of the Interior and the Secretary of Agriculture

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

22 available without further appropriation to carry out this

23 title.

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

25 (a) year shall be allocated and available as follows:
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1 (1) DEPARTMENT OF THE INTERIOR.—Sixty

2 percent shall be allocated and available to the Sec3 retary of the Interior to carry out the purpose of

4 this title on lands within the National Park System,

5 lands within the National Wildlife Refuge System,

6 and public lands administered by the Bureau of

7 Land Management.

8 (2) DEPARTMENT OF AGRICULTURE.—Thirty

9 percent shall be allocated and available to the Sec10 retary of Agriculture to carry out the purpose of this

11 title on lands within the National Forest System.

12 (3) INDIAN TRIBES.—Ten percent shall be allo13 cated and available to the Secretary of the Interior

14 for competitive grants to qualified Indian tribes

15 under section 603(b).

16 SEC. 603. AUTHORIZED USES OF TRANSFERRED AMOUNTS.

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

18 this title shall be used solely for restoration of degraded

19 lands, resource protection, maintenance activities related

20 to resource protection, or protection of public health or

21 safety.

22 (b) COMPETITIVE GRANTS TO INDIAN TRIBES.—

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

24 Interior shall administer a competitive grant pro25 gram for Indian tribes, giving priority to projects
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1 based upon the protection of significant resources,

2 the severity of damages or threats to resources, and

3 the protection of public health or safety.

4 (2) LIMITATION.—The amount received for a

5 fiscal year by a single Indian tribe in the form of

6 grants under this subsection may not exceed 10 per7 cent of the total amount available for that fiscal year

8 for grants under this subsection.

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

10 and the Secretary of Agriculture shall each establish pri11 ority lists for the use of funds available under this title.

12 Each list shall give priority to projects based upon the pro13 tection of significant resources, the severity of damages

14 or threats to resources, and the protection of public health

15 or safety.

16 (d) COMPLIANCE WITH APPLICABLE PLANS.—Any

17 project carried out on Federal lands with amounts pro18 vided under this title shall be carried out in accordance

19 with all management plans that apply under Federal law

20 to the lands.

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

22 the first full fiscal year for which funds are available under

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

24 of Agriculture shall jointly establish a coordinated pro25 gram for—
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1 (1) tracking the progress of activities carried

2 out with amounts made available by this title; and

3 (2) determining the extent to which demon4 strable results are being achieved by those activities.

5 SEC. 604. INDIAN TRIBE DEFINED.

6 In this title, the term ‘‘Indian tribe’’—

7 (1) except as provided in paragraph (2), means

8 any federally recognized Indian tribe; and

9 (2) in the case of Alaska, means only a Native

10 corporation, as that term is defined in section 3 of

11 the Alaska Native Claims Settlement Act (43 U.S.C.

12 1602).

13 TITLE VII—ENDANGERED AND

14 THREATENED SPECIES RE15 COVERY

16 SEC. 701. PURPOSES.

17 The purposes of this title are the following:

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

19 the United States Fish and Wildlife Service and the

20 National Marine Fisheries Service for the purpose of

21 implementing an incentives program to promote the

22 recovery of endangered species and threatened spe23 cies and the habitat upon which they depend.

24 (2) To promote greater involvement by non25 Federal entities in the recovery of the Nation’s en-
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1 dangered species and threatened species and the

2 habitat upon which they depend.

3 SEC. 702. TREATMENT OF AMOUNTS TRANSFERRED FROM

4 CONSERVATION AND REINVESTMENT ACT

5 FUND.

6 Amounts transferred to the Secretary of the Interior

7 under section 5(b)(7) of this Act in a fiscal year shall be

8 available to the Secretary of the Interior without further

9 appropriation to carry out this title.

10 SEC. 703. ENDANGERED AND THREATENED SPECIES RE11 COVERY ASSISTANCE.

12 (a) FINANCIAL ASSISTANCE.—The Secretary may

13 use amounts made available under section 702 to provide

14 financial assistance to any person for development and im15 plementation of Endangered and Threatened Species Re16 covery Agreements entered into by the Secretary under

17 section 704.

18 (b) PRIORITY.—In providing assistance under this

19 section, the Secretary shall give priority to the develop20 ment and implementation of species recovery agreements

21 that—

22 (1) implement actions identified under recovery

23 plans approved by the Secretary under section 4(f)

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

25 1533(f));
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1 (2) have the greatest potential for contributing

2 to the recovery of an endangered or threatened spe3 cies; and

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

5 assistance on land owned by a small landowner.

6 (c) PROHIBITION ON ASSISTANCE FOR REQUIRED

7 ACTIVITIES.—The Secretary may not provide financial as8 sistance under this section for any action that is required

9 by a permit issued under section 10(a)(1)(B) of the En10 dangered Species Act of 1973 (16 U.S.C. 1539(a)(1)(B))

11 or an incidental take statement issued under section 7 of

12 that Act (16 U.S.C. 1536), or that is otherwise required

13 under that Act or any other Federal law.

14 (d) PAYMENTS UNDER OTHER PROGRAMS.—

15 (1) OTHER PAYMENTS NOT AFFECTED.—Finan16 cial assistance provided to a person under this sec17 tion shall be in addition to, and shall not affect, the

18 total amount of payments that the person is other19 wise eligible to receive under the conservation re20 serve program established under subchapter B of

21 chapter 1 of subtitle D of title XII of the Food Se22 curity Act of 1985 (16 U.S.C. 3831 et seq.), the

23 wetlands reserve program established under sub24 chapter C of that chapter (16 U.S.C. 3837 et seq.),

25 or the Wildlife Habitat Incentives Program estab-
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1 lished under section 387 of the Federal Agriculture

2 Improvement and Reform Act of 1996 (16 U.S.C.

3 3836a).

4 (2) LIMITATION.—A person may not receive fi5 nancial assistance under this section to carry out ac6 tivities under a species recovery agreement in addi7 tion to payments under the programs referred to in

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

9 terms of the species recovery agreement do not re10 quire financial or management obligations by the

11 person in addition to any such obligations of the

12 person under such programs.

13 SEC. 704. ENDANGERED AND THREATENED SPECIES RE14 COVERY AGREEMENTS.

15 (a) IN GENERAL.—The Secretary may enter into En16 dangered and Threatened Species Recovery Agreements

17 for purposes of this title in accordance with this section.

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

19 in each species recovery agreement provisions that—

20 (1) require the person—

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

22 leased by the person activities not otherwise re23 quired by law that contribute to the recovery of

24 an endangered or threatened species;
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1 (B) to refrain from carrying out on real

2 property owned or leased by the person other3 wise lawful activities that would inhibit the re4 covery of an endangered or threatened species;

5 or

6 (C) to do any combination of subpara7 graphs (A) and (B);

8 (2) describe the real property referred to in

9 paragraph (1)(A) and (B) (as applicable);

10 (3) specify species recovery goals for the agree11 ment, and measures for attaining such goals;

12 (4) require the person to make measurable

13 progress each year in achieving those goals, includ14 ing a schedule for implementation of the agreement;

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

16 or the person (or both) to monitor the effectiveness

17 of the agreement in attaining those recovery goals;

18 (6) require the person to notify the Secretary

19 if—

20 (A) any right or obligation of the person

21 under the agreement is assigned to any other

22 person; or

23 (B) any term of the agreement is breached

24 by the person or any other person to whom is
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1 assigned a right or obligation of the person

2 under the agreement;

3 (7) specify the date on which the agreement

4 takes effect and the period of time during which the

5 agreement shall remain in effect;

6 (8) provide that the agreement shall not be in

7 effect on and after any date on which the Secretary

8 publishes a certification by the Secretary that the

9 person has not complied with the agreement; and

10 (9) allocate financial assistance provided under

11 this subtitle for implementation of the agreement, on

12 an annual or other basis during the period the

13 agreement is in effect based on the schedule for im14 plementation required under paragraph (4).

15 (c) REVIEW AND APPROVAL OF PROPOSED AGREE16 MENTS.—Upon submission by any person of a proposed

17 species recovery agreement under this section, the

18 Secretary—

19 (1) shall review the proposed agreement and de20 termine whether it complies with the requirements of

21 this section and will contribute to the recovery of en22 dangered or threatened species that are the subject

23 of the proposed agreement;
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1 (2) propose to the person any additional provi2 sions necessary for the agreement to comply with

3 this section; and

4 (3) if the Secretary determines that the agree5 ment complies with the requirements of this section,

6 shall approve and enter with the person into the

7 agreement.

8 (d) MONITORING IMPLEMENTATION OF AGREE9 MENTS.—The Secretary shall—

10 (1) periodically monitor the implementation of

11 each species recovery agreement entered into by the

12 Secretary under this section; and

13 (2) based on the information obtained from

14 that monitoring, annually or otherwise disburse fi15 nancial assistance under this subtitle to implement

16 the agreement as the Secretary determines is appro17 priate under the terms of the agreement.

18 SEC. 705. DEFINITIONS.

19 In this title:

20 (1) ENDANGERED OR THREATENED SPECIES.—

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

22 any species that is listed as an endangered species

23 or threatened species under section 4 of the Endan24 gered Species Act of 1973 (16 U.S.C. 1533).
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1 (2) SECRETARY.—The term ‘‘Secretary’’ means

2 the Secretary of the Interior or the Secretary of

3 Commerce, in accordance with section 3 of the En4 dangered Species Act of 1973 (16 U.S.C. 1532).

5 (3) SMALL LANDOWNER.—The term ‘‘small

6 landowner’’ means an individual who owns 50 acres

7 or fewer of land.

8 (4) SPECIES RECOVERY AGREEMENT.—The

9 term ‘‘species recovery agreement’’ means an En10 dangered and Threatened Species Recovery Agree11 ment entered into by the Secretary under section

12 704.

13 TITLE VIII—FUNDING FOR PAY14 MENTS IN LIEU OF TAXES

15 AND REFUGE REVENUE SHAR16 ING

17 SEC. 801. PURPOSE.

18 The purpose of this title is to ensure adequate fund19 ing for—

20 (1) payments for entitlement land under chap21 ter 69 of title 31, United States Code (relating to

22 payments in lieu of taxes); and

23 (2) payments under section 401 of the Act of

24 June 15, 1935 (49 Stat. 383; 16 U.S.C. 715s) (re25 lating to refuge revenue sharing).
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1 SEC. 802. TREATMENT OF AMOUNTS TRANSFERRED FROM

2 CONSERVATION AND REINVESTMENT ACT

3 FUND.

4 (a) IN GENERAL.—Amounts transferred to the Sec5 retary of the Interior under section 5(b)(8) of the Con6 servation and Reinvestment Act in a fiscal year shall be

7 available to the Secretary without further appropriation

8 for payments in accordance with this section.

9 (b) ALLOCATION.—Of the amounts referred to in

10 subsection (a)—

11 (1) $320,000,000 shall be used each fiscal year

12 only for payments under chapter 69 of title 31,

13 United States Code (relating to payments in lieu of

14 taxes); and

15 (2) $30,000,000 shall be used each fiscal year

16 only for payments under section 401 of the Act of

17 June 15, 1935 (49 Stat. 383; 16 U.S.C. 715s) (re18 lating to refuge revenue sharing).

19 (c) SHORTFALL.—If amounts transferred under

20 paragraphs (1) through (8) of section 5(b) for a fiscal year

21 have been reduced under section 5(c), the amounts set

22 forth in subsection (b) of this section shall each be reduced

23 proportionately.
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1 TITLE IX—PROTECTION OF SO2 CIAL SECURITY AND MEDI3 CARE BENEFITS

4 SEC. 901. PROTECTION OF SOCIAL SECURITY AND MEDI5 CARE BENEFITS.

6 No funds shall be transferred under this Act if such

7 expenditure diminishes benefit obligations of the Federal

8 Old-Age and Survivors Insurance Trust Fund, the Federal

9 Disability Insurance Trust Fund, the Federal Hospital In10 surance Trust Fund, or the Federal Supplementary Med11 ical Insurance Trust Fund.

Æ