II

107TH CONGRESS

1ST SESSION S. 1318

To provide Coastal Impact Assistance to State and local governments, to

amend the Outer Continental Shelf Lands Act Amendments of 1978,

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

and Recreation Recovery Act, and the Federal Aid in Wildlife Restoration

Act (commonly referred to as the Pittman-Robertson Act) to establish

a fund to meet the outdoor conservation and recreation needs of the

American people, and for other purposes.

IN THE SENATE OF THE UNITED STATES

AUGUST 2, 2001

Mr. MURKOWSKI introduced the following bill; which was read twice and

referred to the Committee on Energy and Natural Resources

A BILL

To provide Coastal Impact Assistance to State and local

governments, to amend the Outer Continental Shelf

Lands Act Amendments of 1978, the Land and Water

Conservation Fund Act of 1965, the Urban Park and

Recreation Recovery Act, and the Federal Aid in Wildlife

Restoration Act (commonly referred to as the PittmanRobertson Act) to establish a fund to meet the outdoor

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

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

S 1318 IS

1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Conservation and Rein3 vestment Act of 2001’’.

4 TITLE I–COASTAL IMPACT

5 ASSISTANCE

6 SEC. 101. SHORT TITLE.

7 This title may be cited as the ‘‘Coastal Conservation

8 and Impact Assistance Act of 2001’’.

9 SEC. 102. AMENDMENT TO OUTER CONTINENTAL SHELF

10 LANDS ACT.

11 The Outer Continental Shelf Lands Act Amendments

12 of 1978 (92 Stat. 629), as amended, is amended to add

13 at the end thereof a new Title VII as follows:

14 ‘‘SEC. 701. FINDINGS.

15 ‘‘The Congress finds and declares that—

16 ‘‘(1) The Nation owns valuable mineral re17 sources that are located both onshore and in the

18 Federal Outer Continental Shelf, and the Federal

19 Government develops these resources for the benefit

20 of the Nation, under certain restrictions designed to

21 prevent environmental damage and other adverse

22 impacts.

23 ‘‘(2) Nonetheless, the development of these min24 eral resources of the Nation is accompanied by un25 avoidable environmental impacts and public service

26 impacts in the States that host this development,
3

S 1318 IS

1 whether the development occurs onshore or on the

2 Federal Outer Continental Shelf.

3 ‘‘(3) The Federal Government has a responsi4 bility to the States affected by development of Fed5 eral mineral resources to mitigate adverse environ6 mental and public service impacts incurred due to

7 that development.

8 ‘‘(4) The Federal Government discharges its re9 sponsibility to States where onshore Federal mineral

10 development occurs by sharing 50 percent of the rev11 enue derived from the Federal mineral development

12 in that State pursuant to section 35 of the Mineral

13 Leasing Act.

14 ‘‘(5) Federal mineral development is occurring

15 as far as 200 miles offshore and occurs off the

16 coasts of only 6 States, yet section 8(g) of the Outer

17 Continental Shelf Lands Act does not adequately

18 compensate these States for the onshore impacts of

19 the offshore Federal mineral development.

20 ‘‘(6) Federal Outer Continental Shelf mineral

21 development is an important and secure source of

22 our Nation’s supply of oil and natural gas.

23 ‘‘(7) Further technological advancements in oil

24 and natural gas exploration and production need to

25 be pursued and encouraged.
4

S 1318 IS

1 ‘‘(8) These technological achievements have and

2 will continue to result in new Outer Continental

3 Shelf production having an unparalleled record of

4 excellence on environmental safety issues.

5 ‘‘(9) Additional technological advances with ap6 propriate incentives will further improve new re7 source recovery and therefore increase revenues to

8 the Treasury for the benefit of all Americans who

9 enjoy programs funded by Outer Continental Shelf

10 moneys.

11 ‘‘(10) The Outer Continental Shelf Advisory

12 Committee of the Department of the Interior, con13 sisting of representatives of coastal States, rec14 ommended in October 1997 that Federal mineral

15 revenue derived from the entire Outer Continental

16 Shelf be shared with all coastal States and terri17 tories to mitigate onshore impacts from Federal off18 shore mineral development and for other environ19 mental mitigation; and

20 ‘‘(11) The Nation’s Federal mineral resources

21 are a nonrenewable, capital asset of the Nation, with

22 the production and sale of this resource producing

23 revenue for the Nation, a portion of the revenue de24 rived from the production and sale of Federal min25 eral resources should be reinvested in the Nation
5

S 1318 IS

1 through environmental mitigation and public service

2 improvements;

3 ‘‘(12) Nothing in this title shall be interpreted

4 to repeal or modify any existing moratorium on leas5 ing Federal OCS leases for drilling nor shall any6 thing in this title be interpreted as an incentive to

7 encourage the development of Federal OCS re8 sources where such resources currently are not being

9 developed.

10 ‘‘SEC. 702. DEFINITIONS.

11 ‘‘For purposes of this Act:

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

13 coastal State, that portion of revenue that is avail14 able to be distributed to that coastal State under

15 this title. For an eligible political subdivision of a

16 coastal State, such term means that portion of rev17 enue that is available to be distributed to that polit18 ical subdivision under this title.

19 ‘‘(2) The term ‘coastal population’ means the

20 population of political subdivisions, as determined by

21 the most recent official data of the Census Bureau,

22 contained in whole or in part within the designated

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

24 coastal zone management program under the Coast25 al Zone Management Act (16 U.S.C. § 1455).
6

S 1318 IS

1 ‘‘(3) The term ‘coastline’ has the same meaning

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

3 § 1301 et seq.).

4 ‘‘(4) The term ‘eligible political subdivision’

5 means a coastal political subdivision of a coastal

6 State which political subdivision has a seaward

7 boundary that lies within a distance of 200 miles

8 from the geographic center of any leased tract. The

9 Secretary shall annually provide a list of all eligible

10 political subdivisions of each coastal State to the

11 Governor of such State.

12 ‘‘(5) The term ‘political subdivision’ means the

13 local political jurisdiction immediately below the level

14 of State government, including counties, parishes,

15 and boroughs. If State law recognizes an entity of

16 general government that functions in lieu of, and is

17 not within, a county, parish, or borough, the Sec18 retary may recognize an area under the jurisdiction

19 of such other entities of general government as a

20 political subdivision for purposes of this Act.

21 ‘‘(6) The term ‘coastal State’ means any State

22 of the United States bordering on the Atlantic

23 Ocean, the Pacific Ocean, the Arctic Ocean, the Ber24 ing Sea, the Gulf of Mexico, or any of the Great

25 Lakes, Puerto Rico, Guam, American Samoa, the
7

S 1318 IS

1 Virgin Islands, and the Commonwealth of the North2 ern Mariana Islands.

3 ‘‘(7) The term ‘distance’ means minimum great

4 circle distance, measured in statute miles.

5 ‘‘(8) The term ‘fiscal year’ means the Federal

6 Government’s accounting period which begins on Oc7 tober 1st and ends on September 30th, and is des8 ignated by the calendar year in which it ends.

9 ‘‘(9) The term ‘Governor’ means the highest

10 elected official of a coastal State.

11 ‘‘(10) The term ‘leased tract’ means a tract,

12 leased under section 8 of the Outer Continental

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

14 of drilling for, developing and producing oil and nat15 ural gas resources, which is a unit consisting of ei16 ther a block, a portion of a block, a combination of

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

18 lease, and as depicted on an Outer Continental Shelf

19 Official Protraction Diagram.

20 ‘‘(11) The term ‘revenues’ means all moneys re21 ceived by the United States as bonus bids, rents,

22 royalties (including payments for royalty taken in

23 kind and sold), net profit share payments, and re24 lated late-payment interest from natural gas and oil
8

S 1318 IS

1 leases issued pursuant to the Outer Continental

2 Shelf Lands Act.

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

4 means all submerged lands lying seaward and out5 side of the area of ‘lands beneath navigable waters’

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

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

8 and seabed appertain to the United States and are

9 subject to its jurisdiction and control.

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

11 of the Interior or the Secretary’s designee.

12 ‘‘SEC. 703. IMPACT ASSISTANCE FORMULA AND PAYMENTS.

13 ‘‘(a) ESTABLISHMENT OF FUND.—(1) There is estab14 lished in the Treasury of the United States a fund which

15 shall be known as the ‘Outer Continental Shelf Impact As16 sistance Fund’ (referred to in this Act as ‘the Fund’). The

17 Secretary shall deposit in the Fund 27 percent of the reve18 nues from each leased tract or portion of a leased tract

19 lying seaward of the zone defined and governed by section

20 8(g) of the Outer Continental Shelf Lands Act (43 U.S.C.

21 § 1337(g)), or lying within such zone but to which section

22 8(g) does not apply, the geographic center of which lies

23 within a distance of 200 miles from any part of the coast24 line of any coastal State.
9

S 1318 IS

1 ‘‘(2) The Secretary of the Treasury shall invest mon2 eys in the Fund that are excess to expenditures at the

3 written request of the Secretary, in public debt securities

4 with maturities suitable to the needs of the Fund, as de5 termined by the Secretary, and bearing interest at rates

6 determined by the Secretary of the Treasury, taking into

7 consideration current market yields on outstanding mar8 ketable obligations of the United States of comparable ma9 turity.

10 ‘‘(b) PAYMENT TO STATES.—Notwithstanding sec11 tion 9 of the Outer Continental Shelf Lands Act (43

12 U.S.C. § 1338), the Secretary shall, without further ap13 propriation, make payments in each fiscal year to coastal

14 States and to eligible political subdivisions equal to the

15 amount deposited in the Fund for the prior fiscal year,

16 together with the portion of interest earned from invest17 ment of the funds which corresponds to that amount (re18 duced by any refunds paid under section 705(c)). Such

19 payments shall be allocated among the coastal States and

20 eligible political subdivisions as provided in this section.

21 ‘‘(c) DETERMINATION OF STATES’ ALLOCABLE

22 SHARES.—

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

24 For each coastal State, the Secretary shall deter25 mine the State’s allocable share of the total amount
10

S 1318 IS

1 of the revenues deposited in the Fund for each fiscal

2 year using the following weighted formula:

3 ‘‘(A) 25 percent of the State’s allocable

4 share shall be based on the ratio of such State’s

5 shoreline miles to the shoreline miles of all

6 coastal States.

7 ‘‘(B) 25 percent of the State’s allocable

8 share shall be based on the ratio of such State’s

9 coastal population to the coastal population of

10 all coastal States.

11 ‘‘(C) 50 percent of the State’s allocable

12 share shall be computed based upon Outer Con13 tinental Shelf production. If any portion of a

14 coastal State lies within a distance of 200 miles

15 from the geographic center of any leased tract,

16 such State shall receive 50 percent of its allo17 cable share based on the Outer Continental

18 Shelf oil and gas production offshore of such

19 State. Such part of its allocable share shall be

20 inversely proportional to the distance between

21 the nearest point on the coastline of such State

22 and the geographic center of each leased tract

23 or portion of the leased tract (to the nearest

24 whole mile), as determined by the Secretary.

25 ‘‘(2) MINIMUM STATE SHARE.—
11

S 1318 IS

1 ‘‘(A) IN GENERAL.—The allocable share of

2 revenues determined by the Secretary under

3 this subsection for each coastal State with an

4 approved coastal management program (as de5 fined by the Coastal Zone Management Act (16

6 U.S.C. § 1451)) or which is making satisfactory

7 progress toward one shall not be less than 0.50

8 percent of the total amount of the revenues de9 posited in the Fund for each fiscal year. For

10 any other coastal State the allocable share of

11 such revenues shall not be less than 0.25 per12 cent of such revenues.

13 ‘‘(B) RECOMPUTATION.—Where one or

14 more coastal States’ allocable shares, as com15 puted under paragraph (1), are increased by

16 any amount under this paragraph, the allocable

17 share for all other coastal States shall be re18 computed and reduced by the same amount so

19 that not more than 100 percent of the amount

20 deposited in the fund is allocated to all coastal

21 States. The reduction shall be divided pro rata

22 among such other coastal States.

23 ‘‘(3) ADJUSTMENT FOR PRODUCING STATES.—

24 ‘‘(A) DEFINITIONS.—In this paragraph:
12

S 1318 IS

1 ‘‘(i) NONPRODUCING STATE.—The

2 term ‘nonproducing State’ means a State

3 other than a producing State.

4 ‘‘(ii) PRODUCING STATE.—The term

5 ‘producing State’ means a State off the

6 coast of which any leased tract or tract in

7 State water produced oil, condensate, or

8 natural gas during fiscal year 1998 that,

9 during that fiscal year, was transported by

10 pipeline to a processing facility in the

11 State.

12 ‘‘(iii) TRACT IN STATE WATER.—The

13 term ‘track in State water’ means a track

14 on land beneath navigable water described

15 in section 2(a)(2) of the Submerged Lands

16 Act (43 U.S.C. 1301(a)(2)).

17 ‘‘(B) ADJUSTMENT.—For any fiscal year,

18 if the application of paragraphs (1) and (2)

19 would result in an allocable share for any non20 producing State that is greater than the allo21 cable share for any producing State—

22 ‘‘(i) the amount of the allocable share

23 for each producing State shall be increased

24 to the amount of the highest allocable
13

S 1318 IS

1 share for any such nonproducing State;

2 and

3 ‘‘(ii) the amount of the allocable share

4 for States and other than States receiving

5 increases under paragraph (2) shall be re6 duced in the amount of the increase under

7 clause (i) in the proportion that the allo8 cable share for each such other State after

9 application of paragraphs (1) and (2)

10 bears to the total amount allocated to all

11 States under paragraphs (1) and (2).

12 ‘‘(a) PAYMENTS TO STATES AND POLITICAL SUB13 DIVISIONS.—Each coastal State’s allocable share shall be

14 divided between the State and political subdivisions in that

15 State as follows:

16 ‘‘(1) 40 percent of each State’s allocable share,

17 as determined under subsection (c), shall be paid to

18 the State;

19 ‘‘(2) 40 percent of each State’s allocable share,

20 as determined under subsection (c), shall be paid to

21 the eligible political subdivisions in such State, with

22 the funds to be allocated among the eligible political

23 subdivisions using the following weighted formula:

24 ‘‘(A) 50 percent of an eligible political sub25 division’s allocable share shall be based on the
14

S 1318 IS

1 ratio of that eligible political subdivision’s acre2 age within the State’s coastal zone, as defined

3 in an approved State coastal management pro4 gram (as defined by the Coastal Zone Manage5 ment Act (16 U.S.C. § 1451)), to the entire

6 acreage within the coastal zone in such State:

7 Provided, however, That if the State in which

8 the eligible political subdivision is located does

9 not have an approved coastal management pro10 gram, then the allocable share shall be based on

11 the ratio of that eligible political subdivision’s

12 shoreline miles to the total shoreline miles in

13 that coastal State.

14 ‘‘(B) 25 percent of an eligible political sub15 division’s allocable share shall be based on the

16 ratio of such eligible political subdivision’s

17 coastal population to the coastal population of

18 all eligible political subdivisions in that State.

19 ‘‘(C) 25 percent of an eligible political sub20 division’s allocable share shall be based on the

21 ratios that are inversely proportional to the dis22 tance between the nearest point on the seaward

23 boundary of each such eligible political subdivi24 sion and the geographic center of each leased
15

S 1318 IS

1 tract or portion of the leased tract (to the near2 est whole mile), as determined by the Secretary.

3 ‘‘(3) 20 percent of each State’s allocable share,

4 as determined under subsection (c), shall be allo5 cated to political subdivision in the coastal State

6 that do not qualify as eligible political subdivisions

7 but which are determined by the Governor or the

8 Secretary to have impacts from Outer Continental

9 Shelf related activities and which have an approved

10 plan under this subsection.

11 ‘‘(4) PROJECT SUBMISSION.—Prior to the re12 ceipt of funds pursuant to this subsection for any

13 fiscal year, a political subdivision must submit to the

14 Governor of the State in which it is located a plan

15 setting forth the projects and activities for which the

16 political subdivision proposes to expend such funds.

17 Such plan shall state the amounts proposed to be ex18 pended for each project or activity during the up19 coming fiscal year.

20 ‘‘(5) PROJECT APPROVAL.—(A) Prior to the

21 payment of funds pursuant to this subsection to any

22 political subdivision for any fiscal year, the Governor

23 must approve the plan submitted by the political

24 subdivision pursuant to this subsection and notify

25 the Secretary of such approval. State approval of
16

S 1318 IS

1 any such plan shall be consistent with all applicable

2 State and Federal law. In the event the Governor

3 disapproves any such plan, the funds that would oth4 erwise be paid to the political subdivision shall be

5 placed in escrow by the Secretary pending modifica6 tion and approval of such plan, at which time such

7 funds together with interest thereon shall be paid to

8 the political subdivision.

9 ‘‘(B) A political subdivision that fails to receive

10 approval from the Governor for a plan may appeal

11 to the Secretary and the Secretary may approve or

12 disapprove such plan based on the criteria set forth

13 in section 704: Provided, however, That the Sec14 retary shall have no authority to consider an appeal

15 of a political subdivision if the Governor of the State

16 has certified in writing to the Secretary that the

17 State has adopted a State program that by its ex18 press terms addresses the allocation of revenues to

19 political subdivisions.

20 ‘‘(e) TIME OF PAYMENT.—(1) Payments to coastal

21 States and political subdivisions under this section shall

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

23 revenues received and interest earned thereon during the

24 immediately preceding fiscal year. Payment shall not com-
17

S 1318 IS

1 mence before the date 12 months following the date of

2 enactment of this Act.

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

4 States and political subdivisions under this section in any

5 fiscal year shall be disposed of according to the law other6 wise applicable to revenues from leases on the Outer Con7 tinental Shelf.

8 ‘‘SEC. 704. USES OF FUNDS.

9 ‘‘(a) AUTHORIZED USES OF FUNDS.—Funds received

10 pursuant to this Act may be used by the coastal States

11 and political subdivisions for—

12 ‘‘(1) air quality, water quality, fish and wildlife,

13 wetlands, outdoor recreation programs, or other

14 coastal resources, including shoreline protection and

15 coastal restoration;

16 ‘‘(2) other activities of such State or political

17 subdivision, contemplated by the Coastal Zone Man18 agement Act of 1972 (16 U.S.C. § 1451 et seq.), the

19 provisions of subtitle B of title IV of the Oil Pollu20 tion Act of 1990 (104 Stat. 523), or the Federal

21 Water Pollution Control Act (33 U.S.C. § 1251 et

22 seq.);

23 ‘‘(3) planning assistance and administrative

24 costs of complying with the provisions of this sub25 title;
18

S 1318 IS

1 ‘‘(4) uses related to the Outer Continental Shelf

2 Lands Act;

3 ‘‘(5) mitigating impacts of Outer Continental

4 Shelf activities, including onshore infrastructure and

5 public service needs; and

6 ‘‘(6) deposit in a state or political subdivision

7 administered trust fund dedicated to uses consistent

8 with this section.

9 ‘‘(b) COMPLIANCE WITH APPLICABLE LAWS.—All

10 projects and activities paid for by the moneys received

11 from the Fund shall comply with the State Coastal Zone

12 Management Plan and all applicable Federal, State and

13 local environmental laws and regulations.’’

14 ‘‘SEC. 705. STATE PLANS; CERTIFICATION; ANNUAL RE15 PORT; REFUNDS.

16 ‘‘(a) STATE PLANS.—Within one year after the date

17 of enactment of this Act, the Governor of every State eligi18 ble to receive moneys from the Fund shall be develop a

19 State plan for the use of such moneys and shall certify

20 the plan to the Secretary. The plan shall be developed with

21 public participation and shall include the plan for the use

22 of such funds by every political subdivision of the State

23 eligible to receive moneys from the Fund. The Governor

24 shall certify to the Secretary that the plan was developed

25 with public participation and in accordance with all appli-
19

S 1318 IS

1 cable State laws. The Governor shall amend the plan, as

2 necessary, with public participation, but not less than

3 every five years.

4 ‘‘(b) CERTIFICATION.—Not later than 60 days after

5 the end of the fiscal year, any political subdivision receiv6 ing moneys from the Fund must certify to the Governor—

7 ‘‘(1) the amount of such funds expended by the

8 political subdivision during the previous fiscal year;

9 ‘‘(2) the amounts expended on each project or

10 activity;

11 ‘‘(3) a general description of how the funds

12 were expended; and

13 ‘‘(4) the status of each project or activity, in14 cluding a certification that the project or activity is

15 consistent with the State plan developed under para16 graph (a).

17 ‘‘(c) REPORT.—On June 15 of each year, the Gov18 ernor of each State receiving moneys from the Fund shall

19 account for all moneys so received for the previous fiscal

20 year in a written report to the Secretary and the Congress.

21 This report shall include a description of all projects and

22 activities receiving funds under this Act, including all in23 formation required under subsection (a).

24 ‘‘(d) REFUNDS.—In those instances where through

25 judicial decision, administrative review, arbitration, or
20

S 1318 IS

1 other means there are royalty refunds owed to entities

2 generating revenues under this Act, 27 percent of such

3 refunds shall be paid from amounts available in the

4 Fund.’’.

5 TITLE II—LAND AND WATER

6 CONSERVATION FUND REFORM

7 SEC. 202. SHORT TITLE.

8 This title may be cited as the ‘‘Land and Water Con9 servation Fund Reform Act of 1998’’.

10 SEC. 202. FINDINGS AND PURPOSE.

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

12 (1) The Land and Water Conservation Fund

13 Act of 1965 embodied a visionary concept—that a

14 portion of a nonrenewable natural resource should

15 result in a legacy of public places accessible for pub16 lic recreation and benefit from resources belonging

17 to all people, of all generations, and the enhance18 ment of the most precious and most renewable nat19 ural resource of any nation, healthy and active citi20 zens.

21 (2) The States and local governments were to

22 occupy a pivotal role in accomplishing the purposes

23 of the Land and Water Conservation Fund Act of

24 1965 and the Act originally provided an equitable
21

S 1318 IS

1 portion of funds to the States, and through them, to

2 local governments.

3 (3) However, because of competition for limited

4 Federal moneys and the need for an annual appro5 priation, this original intention has been abandoned

6 and, in recent years, the States have not received an

7 equitable proportion of funds.

8 (4) Nonetheless, with population growth and

9 urban sprawl, the demand for recreation and con10 servation areas, at the State and local level, includ11 ing urban localities, remains a high priority for our

12 citizens.

13 (5) In addition to the demand at the State and

14 local level, there has been an increasing unmet need

15 for Federal moneys to be made available for Federal

16 purposes, with lands identified as important for Fed17 eral acquisition not being acquired for several years

18 due to insufficient funds.

19 (6) A new vision is called for—a vision that en20 compasses a multilevel national network of parks,

21 recreation and conservation areas that reaches

22 across the country to touch all communities. Na23 tional parks are not enough; the federal government

24 alone cannot accomplish this. A national vision,

25 backed by realistic national funding support, to
22

S 1318 IS

1 stimulate State, local and private sector, as well as

2 Federal efforts, is the only way to effectively address

3 our ongoing outdoor recreation and conservation

4 needs.

5 (b) PURPOSE.—The purpose of this title is to provide

6 a secure source of funds available for Federal purposes

7 authorized by the Land and Water Conservation Fund Act

8 of 1965 and to revitalize and complement State, local and

9 private commitments envisioned in the Land and Water

10 Conservation Fund Act 1965 and the Urban Park and

11 Recreation Recovery Act of 1978 by providing grants for

12 State, local and urban recreation and conservation needs.

13 SEC. 203. LAND AND WATER CONSERVATION FUND AMEND14 MENTS.

15 (a) REVENUES.—Section 2(c)(1) of the Land and

16 Water Conservation Fund Act of 1965 (16 U.S.C. § 406l–

17 5(c)(1)) is amended as follows:

18 (1) By inserting ‘‘(A)’’ after ‘‘(c)(1)’’.

19 (2) By striking ‘‘there are authorized’’ and all

20 that follows and inserting ‘‘from 16 percent of the

21 revenues, as that term is defined in the Land and

22 Water Conservation Fund in the Treasury and shall

23 be available, without further appropriation, to carry

24 out this Act for each fiscal year thereafter through

25 September 30, 2016.’’.
23

S 1318 IS

1 (3) By adding at the end the following new sub2 paragraph:

3 ‘‘(B) In those instances where through ju4 dicial decision, administrative review, arbitra5 tion, or other means there are royalty refunds

6 owned to entities generating revenues available

7 for purposes of this Act, 16 percent of such re8 funds shall be paid from amounts available

9 under this subsection.’’.

10 (b) AUTHORIZATION.—Section 2(c)(2) of the Land

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

12 § 460l–5(c)(2)) is amended by striking ‘‘equivalent

13 amounts provided in clause (1)’’ and inserting

14 ‘‘$900,000,000’’.

15 (c) APPROPRIATION.—Section 3 of the Land and

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

17 6) is amended by striking ‘‘Moneys’’ and inserting ‘‘Ex18 cept as provided under section 460l–5(c)(1), moneys’’.

19 (d) ALLOCATION OF FUNDS.—Section 5 of the Land

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

21 § 460l–7) is amended as follows:

22 (1) by inserting ‘‘(a)’’ at the beginning;

23 (2) by striking ‘‘Those appropriations from the

24 fund’’ and all that follows; and
24

S 1318 IS

1 (3) by adding at the end the following new sub2 section:

3 ‘‘(b) Moneys credited to the fund under section

4 2(c)(1) of this Act (16 U.S.C. 460l–5(c)(1)) for obli5 gation or expenditure may be obligated or expended

6 only as follows—

7 ‘‘(1) 45 percent shall be available for Federal

8 purposes. Notwithstanding section 7 of this Act (16

9 U.S.C. § 460l–9), 25 percent of such moneys shall

10 be made available to the Secretary of Agriculture for

11 the acquisition of lands, waters, or interests in land

12 or water within the exterior boundaries of areas of

13 the National Forest System or any other land man14 agement unit established by an Act of Congress and

15 managed by the Secretary of Agriculture and 75

16 percent of such moneys shall be available to the Sec17 retary of the Interior for the acquisition of lands,

18 waters, or interests in land or water within the exte19 rior boundaries of areas of the National Park Sys20 tem, National Wildlife Refuge System, or other land

21 management unit established by an Act of Congress:

22 Provided, That at least two-thirds of the moneys

23 available under this paragraph for Federal purposes

24 shall be spent east of the 100th meridian: Provided

25 further, That no moneys available under this para-
25

S 1318 IS

1 graph for Federal purposes shall be used for con2 demnation of any interest of property.

3 ‘‘(2) 45 percent shall be available for financial

4 assistance to the States under section 6 of this Act

5 (16 U.S.C. § 460l–8) distributed according to the

6 following allocation formula:

7 ‘‘(A) 60 percent shall be apportioned

8 equally among the several States;

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

10 the basis of the ratio which the population of

11 each State bears to the total population of the

12 United States;

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

14 the basis of the urban population of each State

15 (as defined by Metropolitan Statistical Areas).

16 ‘‘(3) 10 percent shall be available to local gov17 ernments through the Urban Parks and Recreation

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

19 Department of the Interior.

20 An amount, not to exceed 2 percent, of the total of such

21 moneys covered to the fund under section 2(c)(1) of this

22 Act (16 U.S.C. § 460l–5(c)(1)) in each fiscal year as the

23 Secretary of the Interior may estimate to be necessary for

24 expenses in the administration and execution of this sub25 section shall be deducted for that purpose, and such
26

S 1318 IS

1 amount is authorized to be made available therefor until

2 the expiration of the next succeeding fiscal year. Within

3 60 days after the close of such fiscal year, the Secretary

4 shall apportion any portion thereof as remains unex5 pended, if any, on the same basis and in the same manner

6 as is provided under paragraphs (1), (2) and (3).’’.

7 (e) REHABILITATION.—Subsection 6(a) of the Land

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

9 § 460l–8(a)) is amended by deleting ‘‘(3) development.’’

10 and inserting in lieu thereof ‘‘(3) development, including

11 the facility rehabilitation.’’.

12 (f) TRIBES AND ALASKA NATIVE VILLAGE CORPORA13 TIONS.—Subsection 6(b)(5) of the Land and Water Con14 servation Fund Act of 1965 (16 U.S.C. § 460l–8(b)(5))

15 is amended as follows:

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

17 (2) By adding at the end the following new sub18 paragraph:

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

20 all federally recognized Indian tribes and Alas21 ka Native Village Corporations (as defined in

22 section 3(j) of the Alaska Native Claims Settle23 ment Act (43 U.S.C. 1602(j)) shall be treated

24 collectively as 1 State, and shall receive shares

25 of the apportionment under paragraph (1) in
27

S 1318 IS

1 accordance with a competitive grant program

2 established by the Secretary by rule. Such rule

3 shall ensure that in each fiscal year no single

4 tribe or Village Corporation receive more than

5 10 percent of the total amount made available

6 to all tribes and Village Corporations pursuant

7 to the apportionment under paragraph (1).

8 Funds received by an Indian tribe or Village

9 Corporation under this subparagraph may be

10 expended only for the purposes specified in

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

12 (g) LOCAL ALLOCATION.—Subsection 6(b) of the

13 Land and Water Conservation Fund Act of 1965 (16

14 U.S.C. § 460l–8(b)(5)) is amended by adding at the end

15 the following new paragraph:

16 ‘‘(g) Absent some compelling and annually doc17 umented reason to the contrary acceptable to the

18 Secretary, each State (other than an area treated as

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

20 grants to local governments at least 50 percent of

21 the annual State apportionment, or an equivalent

22 amount made available from other sources.’’.

23 (h) MATCH.—Subsection 6(c) of the Land and Water

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

25 is amended to read as follows:
28

S 1318 IS

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

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

3 of outdoor recreation and conservation planning, acquisi4 tion or development projects that are undertaken by the

5 State.’’.

6 (i) STATE ACTION AGENDA.—Subsection 6(d) of the

7 Land and Water Conservation Fund Act of 1965 (16

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

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

10 State may define its own priorities and criteria for selec11 tion of outdoor recreation and conservation acquisition

12 and development projects eligible for grants under this Act

13 so long as it provides for public involvement in this process

14 and publishes an accurate and current State Action Agen15 da for Community Recreation and Conservation indicating

16 the needs it has identified and the priorities and criteria

17 it has established. In order to assess its needs and estab18 lish its overall priorities, each State, in partnership with

19 its local governments and Federal agencies, and in con20 sultation with its citizens, shall develop a State Action

21 Agenda for Community Recreation and Conservation,

22 within five years of enactment, that meets the following

23 requirements:
29

S 1318 IS

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

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

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

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

5 every 4 years and certified by the Governor that the

6 State Action Agenda for Community Recreation and

7 Conservation conclusions and proposed actions have

8 been considered in an active public involvement proc9 ess.

10 ‘‘(2) State Action Agendas for Community Recre11 ation and Conservation shall take into account all pro12 viders of recreation and conservation lands within each

13 State, including Federal, regional and local government

14 resources and shall be correlated whenever possible with

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

16 open space and wetlands conservation.

17 ‘‘(3) Each State Action Agenda for Community

18 Recreation and Conservation shall specifically address

19 wetlands within that State as important outdoor recre20 ation and conservation resources. Each State Action Agen21 da for Community Recreation and Conservation shall in22 corporate a wetlands priority plan developed in consulta23 tion with the State agency with responsibility for fish and

24 wildlife resources which is consistent with that national
30

S 1318 IS

1 wetlands priority conservation plan developed under sec2 tion 301 of the Emergency Wetlands Resources Act.

3 ‘‘(4) Recovery action programs developed by urban

4 localities under section 1007 of the Urban Park and

5 Recreation Recovery Act of 1978 shall be used by a State

6 as one guide to the conclusions, priorities and action

7 schedules contained in the State Action Agenda for Com8 munity Recreation and Conservation. Each State shall as9 sure that any requirements for local outdoor recreation

10 and conservation planning that are promulgated as condi11 tions for grants minimize redundancy of local efforts by

12 allowing, wherever possible, use of the findings, priorities,

13 and implementation schedules of recovery action programs

14 to meet such requirements.’’.

15 (j) Comprehensive State Plans developed by any

16 State under section 6(d) of the Land and Water Conserva17 tion Fund Act of 1965 (16 U.S.C. § 460l–8(d)) before the

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

19 until or State Action Agenda for Community Recreation

20 and Conservation has been adopted pursuant to the

21 amendment made by this subsection, but no later than 5

22 years after the enactment of this Act.

23 (k) STATE PLANS.—Subsection 6(e) of the Land and

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

25 8(e)) is amended—
31

S 1318 IS

1 (1) by striking ‘‘State comprehensive plan’’ at

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

3 Action Agenda for Community Recreation and Con4 servation’’;

5 (2) by striking ‘‘State comprehensive plan’’ in

6 paragraph (1) and inserting ‘‘State Action Agenda

7 for Community Recreation and Conservation’’; and

8 (3) by striking ‘‘but not including incidental

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

10 (1).

11 (l) CONVERSION.—Paragraph (6)(f)(3) of the Land

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

13 § 460l–8(f)(3)) is amended by striking the second sentence

14 and inserting: ‘‘With the exception of those priorities that

15 are no longer viable as an outdoor recreation and con16 servation facility due to changes in demographics or must

17 be abandoned because of environmental contamination

18 which endanger public health and safety, the Secretary

19 shall approve such conversion only if the State dem20 onstrates no prudent or feasible alternative exists. Any

21 conversion must satisfy any conditions the Secretary

22 deems necessary to assure the substitution of other recre23 ation and conservation properties of at least equal fair

24 market value, or reasonably equivalent usefulness and lo25 cation and which are in accord with the existing State Ac-
32

S 1318 IS

1 tion for Community Recreation and Conservation: Pro2 vided, That wetland areas and interests therein as identi3 fied in the wetlands provisions of the action agenda and

4 proposed to be acquired as suitable replacement property

5 within that same State that is otherwise acceptable to the

6 Secretary shall be considered to be of reasonably equiva7 lent usefulness with the property proposed for conver8 sion.’’.

9 (m) COST LIMITATIONS.—Section 7 of the Land and

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

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

12 ‘‘(D) MAXIMUM FEDERAL COST PER

13 PROJECT.—No expenditure shall be made to ac14 quire any Federal land the cost of which ex15 ceeds $5,000,000 unless the funds for such ac16 quisition have been specifically allocated to the

17 acquisition in the report accompanying the leg18 islation appropriating funds for the Federal

19 agency concerned and such allocation has been

20 approved by resolution adopted by the Com21 mittee on Resources of the United States House

22 or Representatives and the Committee on En23 ergy and Natural Resources of the United

24 States House of Representatives and the Com-
33

S 1318 IS

1 mittee on Energy and Natural Resources of the

2 United States Senate.’’.

3 SEC. 204. URBAN PARK AND RECREATION RECOVERY ACT

4 OF 1978 AMENDMENTS.

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

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

7 by redesignating subsections (d), (e), and (f) as sub8 sections (f), (g), and (h) respectively, and by redesignating

9 subsections (d), (e), and (f) as subsections (f), (g), and

10 (h) respectively, and by inserting the following after sub11 section (c):

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

13 grants to local units of government to cover costs of devel14 opment and construction on existing or new neighborhood

15 recreation sites, including indoor and outdoor recreation

16 facilities, support facilities, and landscaping, but excluding

17 routine maintenance and upkeep activities;’’;

18 ‘‘(e) ‘acquisition grants’ means matching capital

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

20 incidental costs of purchasing new parkland to be perma21 nently dedicated and made accessible for public recreation

22 use;’’.

23 (b) ELIGIBILITY.—Subsection 1005(a) of the Urban

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

25 amended to read as follows:
34

S 1318 IS

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

2 to compete for assitance under this title shall be based

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

4 list of eligible governments shall include the following:

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

6 or Consolidated Statistical Areas as currently de7 fined by the census.

8 ‘‘(2) All political subdivisions included in Metro9 politan, Primary or Consolidated Statistical Areas as

10 currently defined by the census.

11 ‘‘(3) Any other city or town within a Metropoli12 tan Area with a population of 50,000 or more in the

13 census of 1970, 1980, or 1990.

14 ‘‘(4) Any other county, parish or township with

15 a total population of 250,000 or more in the census

16 of 1970, 1980, or 1990.’’.

17 (c) MATCHING GRANTS.—Subsection 1006(a) of the

18 Urban Park and Recreational Recovery Act (16 U.S.C.

19 § 2505(a)) is amended by striking all through paragraph

20 (3) and inserting the following:

21 ‘‘SEC. 1006. (a) The Secretary is authorized to pro22 vide 70 percent matching grants for rehabilitation, innova23 tion, development, or acquisition purposes to eligible gen24 eral purpose local governments upon his approval of appli-
35

S 1318 IS

1 cations therefor by the chief executives of such govern2 ments.

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

4 if consistent with an approved application, rehabili5 tation, innovation, development or acquisition grants

6 may be transferred in whole or in part to inde7 pendent special purpose local governments, private

8 nonprofit agencies or county or regional park au9 thorities; except that, such grantees shall provide as10 surance to the Secretary that they will maintain

11 public recreation opportunities at assisted areas and

12 facilities owned or managed by them in accordance

13 with section 1010 of this Act.

14 ‘‘(2) Payments may be made only for those re15 habilitation, innovation, development, or acquisition

16 projects which have been approved by the Secretary.

17 Such payments may be made from time to time in

18 keeping with the rate of progress toward completion

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

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

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

22 amended by striking the last sentence and inserting the

23 following: ‘‘The Secretary and general purpose local gov24 ernments are encouraged to coordinate preparation of re25 covery action programs required by this title with State
36

S 1318 IS

1 Action Agendas for Community Recreation and Conserva2 tion required by section 6 of the Land and Water Con3 servation Fund Act of 1965, including the allowance of

4 flexibility in local preparation of recovery action programs

5 so that they may be used to meet State or local qualifica6 tions for local receipt of Land and Water Conservation

7 Fund grants or State grants for similar purposes or for

8 other recreation or conservation purposes. The Secretary

9 shall also encourage States to consider the findings, prior10 ities, strategies and schedules included in the recovery ac11 tion programs of their urban localities in preparation and

12 updating of the State Action Agendas for Community

13 Recreation and Conservation, in accordance with the pub14 lic coordination and citizen consultation requirements of

15 subsection 6(d) of the Land and Water Conservation Fund

16 Act of 1965.’’.

17 (e) CONVERSION.—Section 1010 of the Urban Park

18 and Recovery Act (16 U.S.C. § 2509) is amended by strik19 ing the first sentence and inserting the following: ‘‘No

20 property acquired or improved or developed under this

21 title shall, without the approval of the Secretary, be con22 verted to other than public recreation uses. The Secretary

23 shall approve such conversion only if the grantee dem24 onstrates no prudent or feasible alternative exists (with

25 the exception of those properties that are no longer a via-
37

S 1318 IS

1 ble recreation facility due to changes in demographics or

2 must be abandoned because of environmental contamina3 tion which endanger public health and safety). Any conver4 sion must satisfy any conditions the Secretary deems nec5 essary to assure the substitution of other recreation prop6 erties of at least equal fair market value, or reasonably

7 equivalent usefulness and location and which are in accord

8 with the current recreation recovery action program.’’.

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

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

11 TITLE III—WILDLIFE CONSERVA12 TION AND RESTORATION

13 SEC. 301. SHORT TITLE.

14 This title may be cited as the ‘‘Wildlife Conservation

15 and Restoration Act of 2001’’.

16 SEC. 302. FINDINGS.

17 The Congress finds and declares that—

18 (1) a diverse array of species of fish and wild19 life is of significant value to the Nation for many

20 reasons: aesthetic, ecological, educational, cultural,

21 recreational, economic, and scientific;

22 (2) it should be the objective of the United

23 States to retain for present and future generations

24 the opportunity to observe, understand, and appre25 ciate a wide variety of wildlife;
38

S 1318 IS

1 (3) millions of citizens participate in outdoor

2 recreation through hunting, fishing, and wildlife ob3 servation, all of which have significant value to the

4 citizens who engage in these activities;

5 (4) providing sufficient and properly maintained

6 wildlife associated recreational opportunities is im7 portant to enhancing public appreciation of a diver8 sity of wildlife and the habitats upon which they de9 pend;

10 (5) lands and water which contain species clas11 sified neither as game nor identified as endangered

12 or threatened also can provide opportunities for

13 wildlife associated recreation and education such as

14 hunting and fishing permitted by applicable State or

15 Federal law;

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

17 years willingly paid user fees in the form of Federal

18 excise taxes on hunting and fishing equipment to

19 support wildlife diversity and abundance, through

20 enactment of the Federal Aid in Wildlife Restoration

21 Act (commonly referred to as the Pittman-Robertson

22 Act) and the Federal Aid in Sport Fish Restoration

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

24 Wallop-Breaux Act);
39

S 1318 IS

1 (7) State programs, adequately funded to con2 serve a broader array of wildlife in an individual

3 State and conducted in coordination with Federal,

4 State, tribal, and private landowners and interested

5 organizations, would continue to serve as a vital link

6 in a nationwide effort to restore game and nongame

7 wildlife, and the essential elements of such programs

8 should include conservation measures which manage

9 for a diverse variety of populations of wildlife; and

10 (8) it is proper for Congress to bolster and ex11 tend this highly successful program to aid game and

12 nongame wildlife in supporting health and diversity

13 of habitat, as well as providing funds for conserva14 tion education.

15 SEC. 303. PURPOSES.

16 The purposes of this title are—

17 (1) to extend financial and technical assistance

18 to the States under the Federal Aid to Wildlife Res19 toration Act for the benefit of a diverse array of

20 wildlife and associated habitats, including species

21 that are not hunted or fished, to fulfill unmet needs

22 of wildlife within the States while recognizing the

23 mandate of the States to conserve all wildlife;

24 (2) to assure sound conservation policies

25 through the development, revision and implementa-
40

S 1318 IS

1 tion of wildlife associated recreation and wildlife as2 sociated education and wildlife conservation law en3 forcement;

4 (3) to encourage State fish and wildlife agencies

5 to create partnerships between the Federal Govern6 ment, other State agencies, wildlife conservation or7 ganizations, and outdoor recreation and conservation

8 interests through cooperative planning and imple9 mentation of this title; and

10 (4) to encourage State fish and wildlife agencies

11 to provide for public involvement in the process of

12 development and implementation of a wildlife con13 servation and restoration program.

14 SEC. 304. DEFINITIONS.

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

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

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

18 referred to as the Federal Aid in Wildlife Restoration Act

19 or the Pittman-Robertson Act.

20 (b) WILDLIFE CONSERVATION AND RESTORATION

21 PROGRAM.—Section 2 of the Federal Aid in Wildlife Res22 toration Act (16 U.S.C. 669a) is amended by inserting

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

24 following: ‘‘to include the wildlife conservation and res25 toration program and’’.
41

S 1318 IS

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

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

3 by inserting ‘‘or State fish wildlife department’’ after

4 ‘‘State fish and game department’’.

5 (d) CONSERVATION.—Section 2 is amended by strik6 ing the period at the end thereof, substituting a semicolon,

7 and adding the following: ‘‘the term ‘conservation’ shall

8 be construed to mean the use of methods and procedures

9 necessary or desirable to sustain healthy populations of

10 wildlife including all activities associated with scientific re11 sources management such as research, census, monitoring

12 of populations, acquisition, improvement and management

13 of habitat, live trapping and transplantation, wildlife dam14 age management, and periodic or total protection of a spe15 cies or population as well as the taking of individuals with16 in wildlife stock or population if permitted by applicable

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

18 restoration program’ shall be construed to mean a pro19 gram developed by a State fish and wildlife department

20 that the Secretary determines meets the criteria in section

21 6(d), the projects that constitute such a program, which

22 may be implemented in whole or part through grants and

23 contacts by a State to other State, Federal, or local agen24 cies wildlife conservation organizations and outdoor recre25 ation and conservation education entitles from funds ap-
42

S 1318 IS

1 portioned under this title, and maintenance of such

2 projects; the term ‘wildlife’ shall be construed to mean any

3 species of wild, free-ranging fauna including fish, and also

4 fauna in captive breeding programs the object of which

5 is to reintroduce individuals of a depleted indigenous spe6 cies into previously occupied range; the term ‘wildlife-asso7 ciated recreation’ shall be construed to mean projects in8 tended to meet the demand for outdoor activities associ9 ated with wildlife including, but not limited to, hunting

10 and fishing, such projects as construction or restoration

11 of wildlife viewing areas, observation towers, blinds, plat12 forms, land and water trails, water access, trailheads, and

13 access for such projects; and the term ‘wildlife conserva14 tion education’ shall be construed to mean projects, in15 cluding public outreach, intended to foster responsible nat16 ural resources stewardship.’’.

17 (e) 7 PERCENT.—Subsection 3(a) of the Federal Aid

18 in Wildlife Restoration Act (16 U.S.C. 669b(a)) is amend19 ed in the first sentence by—

20 (1) inserting ‘‘(1)’’ after ‘‘(beginning with the

21 fiscal year 1975)’’; and

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

23 1954’’ the following: ‘‘, and (2) from 7 percent of

24 the revenues, as that term is defined in the Con25 servation and Reinvestment Act of 1999,’’.
43

S 1318 IS

1 SEC. 305. SUBACCOUNTS AND REFUNDS.

2 Section 3 of the Federal Aid in Wildlife Restoration

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

4 the following new subsections:

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

6 aid to wildlife restoration fund in the Treasury to be

7 known as the ‘wildlife conservation and restoration ac8 count’ and the credits to such account shall be equal to

9 the 7 percent of revenues referred to in subsection (a)(2).

10 Amounts in such account shall be invested by the Sec11 retary of the Treasury as set forth in subsection (b) and

12 shall be made available without further appropriation, to13 gether with interest, for apportionment at the beginning

14 of fiscal year 2000 and each fiscal year thereafter to carry

15 out State wildlife conservation and restoration programs.

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

17 restoration account shall supplement, but not replace, ex18 isting funds available to the States from the sport fish

19 restoration and wildlife restoration accounts and shall be

20 used for the development, revision, and implementation of

21 wildlife conservation and restoration programs and should

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

23 of wildlife and associated habitats, including species that

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

25 conservation education, and wildlife-associated recreation

26 projects: Provided, That such funds may be used for new
44

S 1318 IS

1 programs and projects as well as to enhance existing pro2 grams and projects.

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

4 Act, with respect to the wildlife conservation and restora5 tion account so much of the appropriation to any State

6 for any fiscal year as remains unexpended at the close

7 thereof is authorized to be made available for expenditure

8 in that State until the close of the fourth succeeding fiscal

9 year. Any amount apportioned to any State under this

10 subsection that is unexpended or unobligated at the end

11 of the period during which it is available for expenditure

12 on any project is authorized to be reapportioned to all

13 States during the succeeding fiscal year.

14 ‘‘(f) In those instances where through judicial deci15 sion, administrative review, arbitration, or other means

16 there are royalty refunds owed to entities generating reve17 nues available for purposes of this Act, 7 percent of such

18 refunds shall be paid from amounts available under sub19 section (a)(2).’’.

20 SEC. 306. ALLOCATION OF SUBACCOUNT RECEIPTS.

21 Section 4 of the Federal Aid in Wildlife Restoration

22 Act (16 U.S.C. 669b) is amended by adding the following

23 new subsection:

24 ‘‘(c)(1) Notwithstanding subsection (a), an amount,

25 not to exceed 2 percent, of the revenues covered into the
45

S 1318 IS

1 wildlife conservation and restoration account in each fiscal

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

3 necessary for expenses in the administration and execution

4 of programs carried out under the wildlife conservation

5 and restoration account shall be deducted for that pur6 pose, and such amount is authorized to be made available

7 therefor until the expiration of the next succeeding fiscal

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

9 the Secretary of the Interior shall apportion any portion

10 thereof as remains unexpended, if any, on the same basis

11 and in the same manner as is provided under paragraphs

12 (2) and (3).

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

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

15 apportionment from the amount remaining in the wildlife

16 conservation and restoration account:

17 ‘‘(A) to the District of Columbia and to the

18 Commonwealth of Puerto Rico, each a sum equal to

not more than 1 19 ⁄2 of 1 percent thereof; and

20 ‘‘(B) to Guam, American Samoa, the Virgin Is21 lands, and the Commonwealth of the Northern Mariana Islands, each a sum equal to not more than 1 22 ⁄6

23 of 1 percent thereof.

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

25 deduction under paragraph (1) and the apportionment
46

S 1318 IS

1 under paragraph (2), shall apportion the remaining

2 amount in the wildlife conservation and restoration ac3 count for each year among the States in the following

4 manner:

‘‘(A) 1 5 ⁄3 of which is based on the ratio to which

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

7 area of all such States; and

‘‘(B) 2 8 ⁄3 of which is based on the ratio to which

9 the population of such State bears to the total popu10 lation of all such States.

11 The amounts apportioned under this paragraph shall be

12 adjusted equitably so that no such State shall be apportioned a sum which is less than 1 13 ⁄2 of 1 percent of the

14 amount available for apportionment under this paragraph

15 for any fiscal year or more than 5 percent of such amount.

16 ‘‘(d) WILDLIFE CONSERVATION AND RESTORATION

17 PROGRAMS.—Any State, through its fish and wildlife de18 partment, may apply to the Secretary for approval of a

19 wildlife conservation and restoration program or for funds

20 to develop a program, which shall—

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

22 and wildlife department of overall responsibility and

23 accountability for development and implementation

24 of the program; and
47

S 1318 IS

1 ‘‘(2) contain provision for development and im2 plementation of—

3 ‘‘(A) wildlife conservation projects which

4 expand and support existing wildlife programs

5 to meet the needs of a diverse array of wildlife

6 species,

7 ‘‘(B) wildlife associated recreation pro8 grams; and

9 ‘‘(C) wildlife conservation education

10 projects.

11 If the Secretary of the Interior finds that an appli12 cation for such program contains the elements speci13 fied in paragraphs (1) and (2), the Secretary shall

14 approve such application and set aside from the ap15 portionment to the State made pursuant to section

16 4(c) an amount that shall not exceed 90 percent of

17 the estimated cost of developing and implementing

18 segments of the program for the first 5 fiscal years

19 following enactment of this subsection and not to ex20 ceed 75 percent thereafter. Not more than 10 per21 cent of the amounts apportioned to each State from

22 this subaccount for the State’s wildlife conservation

23 and restoration program may be used for law en24 forcement. Following approval, the Secretary may

25 make payments on a project that is a segment of the
48

S 1318 IS

1 State’s wildlife conservation and restoration program

2 as the project progresses but such payments, includ3 ing previous payments on the project, if any, shall

4 not be more than the United States pro rata share

5 of such project. The Secretary, under such regula6 tions as he may prescribe, may advance funds rep7 resenting the United States pro rata share of a

8 project that is a segment of a wildlife conservation

9 and restoration program, including funds to develop

10 such program. For purposes of this subsection, the

11 term ‘State’ shall include the District of Columbia,

12 the Commonwealth of Puerto Rico, the United

13 States Virgin Islands, Guam, American Samoa, and

14 the Commonwealth of the Northern Mariana Is15 lands.’’.

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

17 department personnel or with personnel of other State

18 agencies pursuant to the Federal Aid in Wildlife Restora19 tion Act or the Federal Aid in Sport Fish Restoration Act

20 shall not be subject to the Federal Advisory Committee

21 Act (5 U.S.C. App.). Except for the preceding sentence,

22 the provisions of this title relate solely to wildlife conserva23 tion and restoration programs as defined in this title and

24 shall not be construed to affect the provisions of the Fed25 eral Aid in Wildlife Restoration Act relating to wildlife res-
49

S 1318 IS

1 toration projects or the provisions of the Federal Aid in

2 Sport Fish Restoration Act relating to fish restoration and

3 management projects.

4 SEC. 307. LAW ENFORCEMENT AND PUBLIC RELATIONS.

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

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

7 669g) is amended by inserting before the period at the

8 end thereof: ‘‘, except that funds available from this sub9 account for a State wildlife conservation and restoration

10 program may be used for law enforcement and public rela11 tions’’.

12 SEC. 308. PROHIBITION AGAINST DIVERSION.

13 No designated State agency shall be eligible to receive

14 matching funds under this Act if sources of revenue avail15 able to it on January 1, 2002, for conservation of wildlife

16 are diverted for any purpose other than the administration

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

18 Congress that funds available to States under this Act be

19 added to revenues from existing State sources and not

20 serve as a substitute for revenues from such sources. Such

21 revenues shall include interest, dividends, or other income

22 earned on the foregoing.

Æ