```

[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1573 Introduced in Senate (IS)]

106th CONGRESS
  1st Session
                                S. 1573

 To provide a reliable source of funding for State, local, and Federal 
   efforts to conserve land and water, preserve historic resources, 
    improve environmental resources, protect fish and wildlife, and 
                    preserve open and green spaces.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           September 9, 1999

 Mr. Lieberman (for himself, Mr. Chafee, Mr. Leahy, and Mr. Jeffords) 
introduced the following bill; which was read twice and referred to the 
               Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL

 
 To provide a reliable source of funding for State, local, and Federal 
   efforts to conserve land and water, preserve historic resources, 
    improve environmental resources, protect fish and wildlife, and 
                    preserve open and green spaces.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Natural Resources 
Reinvestment Act of 1999''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Stewardship Council.
             TITLE I--OPEN SPACE AND HISTORIC PRESERVATION

Sec. 101. Findings and purposes.
              Subtitle A--Land and Water Conservation Fund

Sec. 111. Secure funding for the Land and Water Conservation Fund.
Sec. 112. Financial assistance to States.
             Subtitle B--Urban Park and Recreation Recovery

Sec. 121. Urban park and recreation recovery.
                   Subtitle C--Historic Preservation

Sec. 131. Historic Preservation Fund.
   Subtitle D--State Land and Water of National or Regional Interest

Sec. 141. State land and water of national or regional interest.
               Subtitle E--Payments for Federal Ownership

Sec. 151. Authorization of appropriations for payments for entitlement 
                            land and the Refuge Revenue Sharing Fund.
                TITLE II--STATE CONSERVATION ASSISTANCE

Sec. 201. Short title.
Sec. 202. Findings and purpose.
Sec. 203. Definitions.
Sec. 204. Environmental Stewardship Fund.
Sec. 205. Apportionment of Fund receipts to States.
Sec. 206. Use of funds by States.
Sec. 207. State plans.
Sec. 208. Effect on leasing and development.
               TITLE III--FISH AND WILDLIFE CONSERVATION

Sec. 301. Findings and purposes.
Sec. 302. Definitions.
Sec. 303. Conservation programs.
Sec. 304. Fish and Wildlife Conservation Fund.
Sec. 305. Apportionment of Fund receipts to States.
Sec. 306. Technical amendments.
                  TITLE IV--NEW OPEN SPACE INITIATIVES

                         Subtitle A--Watersheds

Sec. 401. Findings and purpose.
Sec. 402. Land acquisition and restoration program.
                       Subtitle B--Transportation

Sec. 411. Findings and purpose.
Sec. 412. Surface transportation program.
Sec. 413. Federal-aid system.
                          Subtitle C--Farmland

Sec. 421. Farmland protection.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Leased tract.--The term ``leased tract'' means a 
        tract--
                    (A) leased under section 8 of the Outer Continental 
                Shelf Lands Act (43 U.S.C. 1337) for the purpose of 
                drilling for, developing, and producing oil and natural 
                gas resources; and
                    (B) comprising a unit consisting of a block, a 
                portion of a block, or a combination of blocks or 
                portions of blocks, as specified in the lease, and as 
                depicted on an outer Continental Shelf Official 
                Protraction Diagram.
            (2) Outer continental shelf.--The term ``outer Continental 
        Shelf'' has the meaning given the term in section 2 of the 
        Outer Continental Shelf Lands Act (43 U.S.C. 1331).
            (3) Qualified outer continental shelf revenues.--
                    (A) In general.--The term ``qualified outer 
                Continental Shelf revenues'' means--
                            (i) all sums received by the United States 
                        from each leased tract or portion of a leased 
                        tract located in the western or central Gulf of 
                        Mexico; less
                            (ii) such sums as may be credited to States 
                        under section 8(g) of the Outer Continental 
                        Shelf Lands Act (43 U.S.C. 1337(g)) and amounts 
                        needed for adjustments and refunds as 
                        overpayments for rents, royalties, or other 
                        purposes.
                    (B) Inclusions.--The term ``qualified outer 
                Continental Shelf revenues'' includes royalties 
                (including payments for royalty taken in kind and 
                sold), net profit share payments, and related late-
                payment interest from natural gas and oil leases 
                granted under the Outer Continental Shelf Lands Act (43 
                U.S.C. 1331 et seq.) for a leased tract or portion of a 
                leased tract described in subparagraph (A)(i).
            (4) Revenues.--The term ``revenues'' means all sums 
        received by the United States as rents, royalties (including 
        payments for royalty taken in kind and sold), net profit share 
        payments, and related late-payment interest from natural gas 
        and oil leases granted under the Outer Continental Shelf Lands 
        Act (43 U.S.C. 1331 et seq.).
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (6) Stewardship council.--The term ``Stewardship Council'' 
        means the interagency council established by section 3.

SEC. 3. STEWARDSHIP COUNCIL.

    (a) Establishment.--There is established an interagency council to 
be known as the ``Land and Water Resource Stewardship Council''.
    (b) Membership.--
            (1) In general.--The Stewardship Council shall be composed 
        of the following members or their designees:
                    (A) The Administrator of the Environmental 
                Protection Agency.
                    (B) The Secretary of the Interior.
                    (C) The Administrator of the National Oceanic and 
                Atmospheric Administration.
                    (D) The Secretary of Agriculture.
                    (E) 2 Members of the Senate--
                            (i) to be appointed by the President of the 
                        Senate; and
                            (ii) to serve in a nonvoting capacity.
                    (F) 2 Members of the House of Representatives--
                            (i) to be appointed by the Speaker of the 
                        House of Representatives; and
                            (ii) to serve in a nonvoting capacity.
            (2) Chairperson.--The members of the Stewardship Council 
        shall elect a Chairperson not less often than once every 2 
        years.
    (c) Duties.--
            (1) In general.--The Stewardship Council shall be 
        responsible for reviewing and selecting applications for grants 
        for State land and water of national or regional interest under 
        section 14 of the Land and Water Conservation Fund Act of 1965 
        (as added by section 141 of this Act), reviewing and approving 
        the State plans required under section 207, and coordinating 
        technical assistance at the request of any State, Indian tribe, 
        or Territory.
            (2) Consultation.--In making decisions and reviewing State 
        plans, the Stewardship Council shall consult with and seek 
        recommendations from other appropriate Federal agencies.
    (d) Frequency of Meetings.--The President shall--
            (1) convene the first meeting of the Stewardship Council 
        not later than 30 days after the date of enactment of this Act; 
        and
            (2) convene additional meetings as often as appropriate, 
        but not less often than quarterly, to ensure that this Act is 
        fully carried out.
    (e) Procedures.--
            (1) Quorum.--Three members of the Stewardship Council shall 
        constitute a quorum.
            (2) Voting and meeting procedures.--The Stewardship Council 
        shall establish procedures for voting and the conduct of 
        meetings by the Stewardship Council.

             TITLE I--OPEN SPACE AND HISTORIC PRESERVATION

SEC. 101. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds that--
            (1) Congress enacted the land and water conservation fund 
        in 1964 and the Historic Preservation Fund in 1976, and 
        provided that revenues from activities in the outer Continental 
        Shelf would fund each program;
            (2) however, since 1964, of $21,000,000,000 authorized for 
        the land and water conservation fund, only $9,000,000,000 has 
        been appropriated, and since 1977, of $2,776,000,000 authorized 
        for the Historic Preservation Fund, only $845,000,000 has been 
        appropriated;
            (3) prior to dedicating outer Continental Shelf revenues 
        for new programs to benefit the Nation, Congress should 
        dedicate outer Continental Shelf revenues to the original 
        purposes for which those funds were intended;
            (4) since the establishment of the land and water 
        conservation fund, the fund has been responsible for the 
        preservation of nearly 7,000,000 acres of park land, refuges, 
        and open spaces, and the development of more than 37,000 State 
        and local parks and recreation projects;
            (5) since the establishment of the Historic Preservation 
        Fund, the fund has been responsible for identifying more than 
        1,000,000 historic sites throughout the United States and 
        certifying 1,145 local governments as partners in preserving 
        historic sites;
            (6) as the loss of open space and the phenomenon of sprawl 
        in rural, suburban, and urban areas of the Nation continues to 
        increase, it is increasingly important to conserve natural, 
        historic, and cultural resources of the Nation;
            (7) the land and water conservation fund and the Historic 
        Preservation Fund serve valuable purposes to address the needs 
        of the Nation today as they did when they were enacted, and 
        they are vital programs to assist State and local governments 
        in their efforts to address those needs;
            (8) the land and water conservation fund should be 
        augmented to provide a new program to encourage State, local, 
        and private partnerships for conservation of non-Federal land 
        of national and regional significance that will fulfill 
        national conservation priorities while allowing the land to 
        remain under State and local control; and
            (9) the purposes of the Urban Park and Recreation Recovery 
        Act of 1978 (16 U.S.C. 2501 et seq.) and payments in lieu of 
        taxes are consonant with those of the land and water 
        conservation fund and the Historic Preservation Fund, and 
        complement those programs.
    (b) Purposes.--The purposes of this title are--
            (1) to provide a secure source of funding for Federal land 
        acquisition to meet State, local, and urban conservation and 
        recreation needs through the Land and Water Conservation Fund 
        Act of 1965 (16 U.S.C. 460l-4 et seq.) and the Urban Park and 
        Recreation Recovery Act of 1978 (16 U.S.C. 2501 et seq.); and
            (2) to recognize and to preserve the historic places of the 
        United States through the National Historic Preservation Act 
        (16 U.S.C. 470 et seq.).

              Subtitle A--Land and Water Conservation Fund

SEC. 111. SECURE FUNDING FOR THE LAND AND WATER CONSERVATION FUND.

    Section 3 of the Land and Water Conservation Fund Act of 1965 (16 
U.S.C. 460l-6) is amended--
            (1) by striking ``Sec. 3. Appropriations.--Moneys'' and 
        inserting the following:

``SEC. 3. APPROPRIATIONS.

    ``(a) In General.--Except as provided in subsection (b), moneys''; 
and
            (2) by adding at the end the following:
    ``(b) Special Appropriation.--
            ``(1) In general.--For each of fiscal years 1999 through 
        2015, from qualified outer Continental Shelf revenues (as 
        defined in section 2 of the Natural Resources Reinvestment Act 
        of 1999) covered into the fund in the preceding fiscal year, 
        there is appropriated the lesser of--
                    ``(A) $900,000,000; or
                    ``(B) the amount that is equal to 34 percent of the 
                amount of qualified outer Continental Shelf revenues 
                covered into the fund during the preceding fiscal year;
        to remain available until expended.
            ``(2) Purposes.--
                    ``(A) In general.--Notwithstanding section 5, for 
                each of fiscal years 1999 through 2015, funds 
                appropriated by paragraph (1) shall be available for 
                the purposes specified in this paragraph.
                    ``(B) Administrative expenses.--
                            ``(i) In general.--Of the amount made 
                        available for a fiscal year by paragraph (1), 
                        the Secretary of the Interior may deduct not 
                        more than 2 percent for payment of 
                        administrative expenses incurred in carrying 
                        out this subsection.
                            ``(ii) Period of availability.--A deduction 
                        by the Secretary under clause (i) for a fiscal 
                        year shall be available for obligation by the 
                        Secretary until September 30 of the following 
                        fiscal year.
                            ``(iii) Distribution of unobligated 
                        funds.--Not later than 60 days after the end of 
                        a fiscal year, the Secretary shall distribute 
                        under subparagraphs (C) and (D) any unobligated 
                        amount of a deduction under clause (i) for 
                        which the period of availability under clause 
                        (ii) terminated on September 30 of the fiscal 
                        year.
                    ``(C) Federal purposes.--Of the amount made 
                available for a fiscal year by paragraph (1) remaining 
                after the deduction under subparagraph (B)(i), 50 
                percent shall be available for Federal purposes under 
                section 7.
                    ``(D) State purposes.--
                            ``(i) In general.--Of the amount made 
                        available for a fiscal year by paragraph (1) 
                        remaining after the deduction under 
                        subparagraph (B)(i), 50 percent shall be 
                        available for providing financial assistance to 
                        States under section 6 and for any other State 
                        purpose authorized under this Act.
                            ``(ii) Distribution.--Amounts made 
                        available by clause (i) shall be distributed 
                        among States in accordance with section 6.
                            ``(iii) Local government share.--Not less 
                        than 50 percent of the amount provided to a 
                        State for each fiscal year under this 
                        subparagraph shall be provided by the State to 
                        local governments to provide natural areas, 
                        open space, park land, or recreational areas.
            ``(3) Annual budget submissions.--
                    ``(A) In general.--In the annual budget submission 
                of the President for the fiscal year concerned, the 
                President shall specify the specific purposes for which 
                the funds made available under paragraph (2)(C) are to 
                be used by the Secretary of the Interior and the 
                Secretary of Agriculture.
                    ``(B) Use by secretaries.--Funds made available for 
                a fiscal year under paragraph (2)(C) shall be used by 
                the Secretary concerned for the purposes specified by 
                the President in the annual budget submission of the 
                President for the fiscal year unless Congress, in the 
                general appropriation Acts for the Department of the 
                Interior or the Department of Agriculture for the 
                fiscal year, specifies that any part of the funds is to 
                be used by the Secretary concerned for another purpose.
            ``(4) Priority lists.--
                    ``(A) In general.--For the purposes of assisting 
                the President in preparing an annual budget submission 
under paragraph (3), the Secretary of the Interior and the Secretary of 
Agriculture shall prepare Federal priority lists for the expenditure of 
funds made available under paragraph (2)(C).
                    ``(B) Consultation.--The priority lists shall be 
                prepared in consultation with the head of the affected 
                bureau or agency, taking into account the best 
                professional judgment regarding the land acquisition 
                priorities and policies of the bureau or agency.
                    ``(C) Factors.--In preparing the priority lists, 
                the Secretaries shall consider--
                            ``(i) the potential adverse impacts that 
                        might result if a land acquisition is not 
                        undertaken;
                            ``(ii) the availability of a land appraisal 
                        and other information necessary to complete the 
                        acquisition in a timely manner; and
                            ``(iii) such other factors as the 
                        Secretaries consider appropriate.''.

SEC. 112. FINANCIAL ASSISTANCE TO STATES.

    (a) Allocation of Amounts Available for State Purposes.--Section 6 
of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-8) 
is amended by striking subsection (b) and inserting the following:
    ``(b) Distribution Among States.--
            ``(1) In general.--For each fiscal year, the Secretary 
        shall distribute sums made available from the fund for State 
        purposes among the States in accordance with this subsection. 
        The determination of the distribution by the Secretary shall be 
        final.
            ``(2) Formula.--For each fiscal year, the Secretary shall 
        distribute the sums made available from the fund for State 
        purposes as follows:
                    ``(A) 30 percent shall be distributed equally among 
                the States.
                    ``(B) 70 percent shall be distributed among the 
                States based on the ratio that--
                            ``(i) the population of each State; bears 
                        to
                            ``(ii) the total population of all States.
            ``(3) Maximum allocation.--For each fiscal year, the total 
        allocation to any 1 State under paragraph (2) shall not exceed 
        10 percent of the total amount allocated to all States under 
        this subsection for the fiscal year.
            ``(4) Treatment of district of columbia, territories, and 
        indian tribes.--
                    ``(A) Allocation.--For the purpose of paragraph 
                (2)(A)--
                            ``(i) the District of Columbia shall be 
                        treated as 1 State;
                            ``(ii) Puerto Rico, the Virgin Islands, 
                        Guam, and American Samoa--
                                    ``(I) shall be treated collectively 
                                as 1 State; and
                                    ``(II) shall each be allocated an 
                                equal share of the amount distributed 
                                under subclause (I); and
                            ``(iii) Indian tribes, and Alaska Native 
                        villages and Regional or Village Corporations 
                        (as defined or established pursuant to the 
                        Alaska Native Claims Settlement Act (43 U.S.C. 
                        1601 et seq.))--
                                    ``(I) shall be treated collectively 
                                as 1 State; and
                                    ``(II) shall be allocated the 
                                amount distributed under subclause (I) 
                                in a manner determined by the Secretary 
                                of the Interior.
                    ``(B) Other purposes.--Each of the areas referred 
                to in subparagraph (A), and each Indian tribe, shall be 
                treated as a State for all other purposes of this Act.
            ``(5) Availability of allocations.--
                    ``(A) In general.--For each fiscal year--
                            ``(i) the Secretary shall notify each State 
                        of the allocation to the State under this 
                        subsection; and
                            ``(ii) the allocation shall be available to 
                        the State, after the date of notification to 
                        the State, for planning, acquisition, or 
                        development projects in accordance with this 
                        Act.
                    ``(B) Period of availability.--Any amount of an 
                allocation to a State that is not paid or obligated by 
                the Secretary during the period consisting of the 
                fiscal year in which notification is provided under 
                subparagraph (A) and the 2 fiscal years thereafter 
                shall be redistributed by the Secretary in accordance 
                with this subsection, without regard to paragraph 
                (3).''.
    (b) State Plan.--Section 6 of the Land and Water Conservation Fund 
Act of 1965 (16 U.S.C. 460l-8) is amended by striking subsection (d) 
and inserting the following:
    ``(d) State Plan.--
            ``(1) Requirement.--
                    ``(A) In general.--To be eligible for financial 
                assistance for acquisition or development projects 
                under this Act, a State, in consultation with local 
                subdivisions, nonprofit and private organizations, and 
                interested citizens, shall prepare and submit to the 
                Secretary a State plan that meets the requirements of 
                this paragraph.
                    ``(B) Suitable plan.--To meet the requirement for a 
                plan under subparagraph (A), a State may use, in 
                accordance with criteria developed by the Secretary, a 
                comprehensive statewide outdoor recreation plan, a 
                State recreation plan, or a State action agenda, if--
                            ``(i) in the judgment of the Secretary, the 
                        plan or agenda encompasses and furthers the 
                        purposes of this Act; and
                            ``(ii) the Governor of the State certifies 
                        that the plan or agenda was developed (and 
                        revised, if applicable) with ample opportunity 
                        for public participation.
                    ``(C) Criteria for public participation.--In 
                consultation with appropriate persons and entities, the 
                Secretary shall develop criteria for public 
                participation which shall constitute the basis for 
                certification by the Governor under subparagraph 
                (B)(ii).
                    ``(D) Required elements.--A State plan under 
                subparagraph (A) shall contain--
                            ``(i) the name of the State agency that has 
                        the authority to represent and act for the 
                        State in dealing with the Secretary for the 
                        purposes of this Act;
                            ``(ii) an evaluation of the demand for and 
                        supply of outdoor conservation, recreation, and 
                        open space resources in the State;
                            ``(iii) a program for the implementation of 
                        the plan; and
                            ``(iv) such other information as the 
                        Secretary determines to be necessary.
                    ``(E) Consideration of other resources, programs, 
                and plans.--A State plan under subparagraph (A) shall--
                            ``(i) take into account relevant Federal 
                        resources and programs; and
                            ``(ii) be coordinated to the maximum extent 
                        practicable with other State, regional, and 
                        local plans.
            ``(2) Financial assistance for preparation or maintenance 
        of state plan.--The Secretary may provide financial assistance 
        to a State for--
                    ``(A) the development of a State plan under 
                paragraph (1) if the State does not have a State plan; 
                or
                    ``(B) the maintenance of a State plan.''.
    (c) Projects for Land and Water Acquisition.--Section 6(e)(1) of 
the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-
8(e)(1)) is amended in the first paragraph by striking ``, but not 
including incidental costs relating to acquisition''.
    (d) Conversion to Other Than Public Outdoor Recreation Uses.--
Section 6(f) of the Land and Water Conservation Fund Act of 1965 (16 
U.S.C. 460l-8(f)) is amended by striking paragraph (3) and inserting 
the following:
            ``(3) Conversion to other than public outdoor recreation 
        uses.--
                    ``(A) In general.--No property acquired or 
                developed with assistance under this section shall, 
                without the approval of the Secretary, be converted to 
                other than public outdoor recreation uses.
                    ``(B) Approval of conversion.--
                            ``(i) In general.--Except as provided in 
                        clause (ii), the Secretary shall approve the 
                        conversion of property under this paragraph 
                        only if the State demonstrates that no prudent 
                        or feasible alternative exists to the 
                        conversion of the property.
                            ``(ii) Exceptions.--Clause (i) does not 
                        apply to a property that--
                                    ``(I) is no longer viable for use 
                                for an outdoor conservation or 
                                recreation facility because of a change 
                                in demographic conditions; or
                                    ``(II) must be abandoned because of 
                                environmental contamination that 
                                endangers public health or safety.
                    ``(C) Substitution of other conservation or 
                recreation property.--
                            ``(i) In general.--Subject to clause (ii), 
                        any conversion of property under this paragraph 
                        shall satisfy any conditions that the Secretary 
                        determines to be necessary to ensure the 
                        substitution of other conservation or 
recreation property of at least equal market value and reasonably 
equivalent usefulness and location, in a manner consistent with the 
State plan required under subsection (d).
                            ``(ii) Wetland.--Wetland and interests in 
                        wetland that are identified in a State plan and 
                        proposed to be acquired as suitable replacement 
                        property within the State and that are 
                        otherwise acceptable to the Secretary shall be 
                        considered to be of reasonably equivalent 
                        usefulness to the property proposed for 
                        conversion.''.
    (e) Conforming Amendments.--
            (1) Section 6(e) of the Land and Water Conservation Fund 
        Act of 1965 (16 U.S.C. 460l-8(e)) is amended--
                    (A) in the matter preceding paragraph (1), by 
                striking ``State comprehensive plan'' and inserting 
                ``State plan''; and
                    (B) in paragraph (1), by striking ``, or wetland 
                areas and interests therein as identified in the 
                wetlands provisions of the comprehensive plan''.
            (2) Section 32(e) of the Bankhead-Jones Farm Tenant Act (7 
        U.S.C. 1011(e)) is amended in the last proviso of the first 
        paragraph by striking ``existing comprehensive statewide 
        outdoor recreation plan found adequate for purposes of the Land 
        and Water Conservation Fund Act of 1965 (78 Stat. 897)'' and 
        inserting ``State plan required by section 6 of the Land and 
        Water Conservation Fund Act of 1965 (16 U.S.C. 460l-8)''.
            (3) Section 102(a)(2) of the National Historic Preservation 
        Act (16 U.S.C. 470b(a)(2)) is amended by striking 
        ``comprehensive statewide outdoor recreation plan prepared 
        pursuant to the Land and Water Conservation Fund Act of 1965 
        (78 Stat. 897)'' and inserting ``State plan required by section 
        6 of the Land and Water Conservation Fund Act of 1965 (16 
        U.S.C. 460l-8)''.
            (4) Section 8(a) of the National Trails System Act (16 
        U.S.C. 1247(a)) is amended in the first sentence--
                    (A) by striking ``comprehensive statewide outdoor 
                recreation plans'' and inserting ``State plans''; and
                    (B) by inserting ``of 1965 (16 U.S.C. 460l-4 et 
                seq.)'' after ``Fund Act''.
            (5) Section 11(a)(2) of the National Trails System Act (16 
        U.S.C. 1250(a)(2)) is amended by striking ``(relating to the 
        development of Statewide Comprehensive Outdoor Recreation 
        Plans)'' and inserting ``(16 U.S.C. 460l-8) (relating to the 
        development of State plans)''.
            (6) Section 11 of the Wild and Scenic Rivers Act (16 U.S.C. 
        1282) is amended--
                    (A) in subsection (a)--
                            (i) by striking ``comprehensive statewide 
                        outdoor recreation plans'' and inserting 
                        ``State plans''; and
                            (ii) by striking ``(78 Stat. 897)'' and 
                        inserting ``(16 U.S.C. 460l-4 et seq.)''; and
                    (B) in subsection (b)(2)(B), by striking 
                ``(relating to the development of statewide 
                comprehensive outdoor recreation plans)'' and inserting 
                ``(16 U.S.C. 460l-8) (relating to the development of 
                State plans)''.
            (7) Section 206(d) of title 23, United States Code, is 
        amended--
                    (A) in paragraph (1)(B), by striking ``statewide 
                comprehensive outdoor recreation plan required by the 
                Land and Water Conservation Fund Act of 1965 (16 U.S.C. 
                460l-4 et seq.)'' and inserting ``State plan required 
                by section 6 of the Land and Water Conservation Fund 
                Act of 1965 (16 U.S.C. 460l-8)''; and
                    (B) in paragraph (2)(D)(ii), by striking 
                ``statewide comprehensive outdoor recreation plan that 
                is required by the Land and Water Conservation Fund Act 
                of 1965 (16 U.S.C. 460l-4 et seq.)'' and inserting 
                ``State plan that is required by section 6 of the Land 
                and Water Conservation Fund Act of 1965 (16 U.S.C. 
                460l-8)''.
            (8) Section 202(c)(9) of the Federal Land Policy and 
        Management Act of 1976 (43 U.S.C. 1712(c)(9)) is amended by 
        striking ``statewide outdoor recreation plans developed under 
        the Act of September 3, 1964 (78 Stat. 897), as amended'' and 
        inserting ``State plans required by section 6 of the Land and 
        Water Conservation Fund Act of 1965 (16 U.S.C. 460l-8)''.

             Subtitle B--Urban Park and Recreation Recovery

SEC. 121. URBAN PARK AND RECREATION RECOVERY.

    (a) Authority To Develop New Areas and Facilities.--Section 1003 of 
the Urban Park and Recreation Recovery Act of 1978 (16 U.S.C. 2502) is 
amended in the first sentence by striking areas, facilities,'' and 
inserting ``areas and facilities, development of new recreation areas 
and facilities (including acquisition of land for such development),''.
    (b) Definitions.--Section 1004 of the Urban Park and Recreation 
Recovery Act of 1978 (16 U.S.C. 2503) is amended--
            (1) in subsection (j)--
                    (A) by striking ``Governor;'' and inserting 
                ``Governor, the District of Columbia,''; and
                    (B) by striking ``and'' at the end of the 
                subsection;
            (2) in subsection (k), by striking the period at the end 
        and inserting a semicolon; and
            (3) by adding at the end the following:
    ``(l) `acquisition grants' means matching capital grants to general 
purpose local governments and special purpose local governments to 
cover the direct and incidental costs of purchasing new park land to be 
permanently dedicated and made accessible for public conservation and 
recreation; and
    ``(m) `development grants' means matching capital grants to general 
purpose local governments and special purpose local governments to 
cover the costs of developing and constructing existing or new 
neighborhood recreation sites, including indoor and outdoor recreation 
facilities, support facilities, and landscaping, but excluding routine 
maintenance and upkeep activities.''.
    (c) Federal Assistance Grants.--Section 1005 of the Urban Park and 
Recreation Recovery Act of 1978 (16 U.S.C. 2504) is amended by striking 
subsection (a) and inserting the following:
    ``(a) Eligibility.--
            ``(1) In general.--Eligibility of general purpose local 
        governments to compete for assistance under this title shall be 
        based on need, as determined by the Secretary.
            ``(2) Eligible governments.--General purpose local 
        governments that are eligible to compete for assistance under 
        this title include--
                    ``(A) a political subdivision included in a 
                consolidated metropolitan statistical area, primary 
                metropolitan statistical area, or metropolitan 
                statistical area, as those terms are used in the most 
                recent census;
                    ``(B) any other city or town within an area 
                referred to in subparagraph (A) with a total population 
                of 50,000 individuals or more in the 1970 or any 
                subsequent census; and
                    ``(C) any other political subdivision, county, 
                parish, or township with a total population of 250,000 
                individuals or more in the 1970 or any subsequent 
                census.''.
    (d) Rehabilitation and Innovation Grants.--Section 1006(a) of the 
Urban Park and Recreation Recovery Act of 1978 (16 U.S.C. 2505(a)) is 
amended--
            (1) in the matter preceding paragraph (1), by striking 
        ``rehabilitation and innovative grants directly'' and inserting 
        ``rehabilitation grants, innovation grants, development grants, 
        or acquisition grants'';
            (2) in paragraph (1)--
                    (A) by striking ``rehabilitation and innovation 
                grants'' and inserting ``rehabilitation grants, 
                innovation grants, development grants, and acquisition 
                grants''; and
                    (B) by striking ``authorities: Provided,'' and all 
                that follows through ``eligible applicant'' and 
                inserting ``authorities, except that the grantee of a 
                grant under this section shall provide assurances to 
                the Secretary that the grantee will maintain public 
                conservation and recreation opportunities at assisted 
                areas and facilities owned or managed by the grantee in 
                accordance with section 1010''; and
            (3) in paragraph (2)--
                    (A) in the first sentence, by striking 
                ``rehabilitation or innovative projects'' and inserting 
                ``projects eligible for rehabilitation grants, 
                innovation grants, development grants, or acquisition 
                grants''; and
                    (B) in the second sentence, by striking ``, 
                except'' and all that follows and inserting ``and on a 
                reimbursable basis.''.
    (e) Recovery Action Programs.--Section 1007(a) of the Urban Park 
and Recreation Recovery Act of 1978 (16 U.S.C. 2506(a)) is amended--
            (1) in the first sentence, by inserting ``development,'' 
        after ``commitments to ongoing planning,''; and
            (2) in paragraph (2), by inserting ``development and'' 
        after ``adequate planning for''.
    (f) State Action Incentives.--Section 1008 of the Urban Park and 
Recreation Recovery Act of 1978 (16 U.S.C. 2507) is amended--
            (1) by inserting ``(a) In General.--'' before the first 
        sentence; and
            (2) by striking the last sentence of subsection (a) (as 
        designated by paragraph (1)) and inserting the following:
    ``(b) Coordination With Land and Water Conservation Fund 
Activities.--
            ``(1) Preparation of programs and plans.--The Secretary and 
        general purpose local governments are encouraged to coordinate 
        preparation of recovery action programs required by section 
        1007 with development of State plans required under section 6 
        of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 
        460l-8), including by allowing flexibility in preparation of 
        recovery action programs so that the programs may be used to 
        meet State and local requirements for receipt by local 
        governments of--
                    ``(A) funds provided as grants from the land and 
                water conservation fund; or
                    ``(B) State grants for similar purposes or for 
                other conservation or recreation purposes.
            ``(2) Consideration of findings, priorities, strategies, 
        and schedules.--The Secretary shall encourage States to 
        consider the findings, priorities, strategies, and schedules 
        included in the recovery action programs of urban local 
        governments in the development and revision of State plans in 
        accordance with the public participation and coordination 
        requirements of section 6(d) of the Land and Water Conservation 
        Fund Act of 1965 (16 U.S.C. 460l-8(d)).''.
    (g) Conversion of Recreation Property.--The Urban Park and 
Recreation Recovery Act of 1978 is amended by striking section 1010 (16 
U.S.C. 2509) and inserting the following:

``SEC. 1010. CONVERSION OF RECREATION PROPERTY.

    ``(a) In General.--No property acquired, improved, or developed 
under this title shall, without the approval of the Secretary, be 
converted to other than public recreation uses.
    ``(b) Approval of Conversion.--
            ``(1) In general.--Except as provided in paragraph (2), the 
        Secretary shall approve the conversion of property under this 
        section only if the grantee demonstrates that no prudent or 
        feasible alternative exists to the conversion of the property.
            ``(2) Exceptions.--Paragraph (1) does not apply to a 
        property that--
                    ``(A) is no longer a viable recreation facility due 
                to a change in demographic conditions; or
                    ``(B) must be abandoned because of environmental 
                contamination that endangers public health or safety.
    ``(c) Substitution of Other Conservation or Recreation Property.--
Any conversion of property under this section shall satisfy any 
conditions that the Secretary determines to be necessary to ensure the 
substitution of other conservation or recreation property of at least 
equal market value and reasonably equivalent usefulness and location, 
in a manner consistent with the 5-year action program for park and 
recreation recovery required under section 1007(a).''.
    (h) Funding.--Section 1013 of the Urban Park and Recreation 
Recovery Act of 1978 (16 U.S.C. 2512) is amended--
            (1) by striking the section heading and all that follows 
        through ``There are hereby'' and inserting the following:

``SEC. 1013. FUNDING.

    ``(a) Authorization of Appropriations.--There are''; and
            (2) by adding at the end the following:
    ``(c) Special Appropriation.--For each of fiscal years 1999 through 
2015, from revenues due and payable to the United States as qualified 
outer Continental Shelf revenues (as defined in section 2 of the 
Natural Resources Reinvestment Act of 1999), there is appropriated, for 
the purpose of making grants to local governments under this Act, the 
lesser of--
            ``(1) $100,000,000; or
            ``(2) the amount that is equal to 4 percent of those 
        revenues;
to remain available until expended.
    (i) Limitation on Use of Funds.--Section 1014 of the Urban Park and 
Recreation Recovery Act of 1978 (16 U.S.C. 2513) is repealed.

                   Subtitle C--Historic Preservation

SEC. 131. HISTORIC PRESERVATION FUND.

    Section 108 of the National Historic Preservation Act (16 U.S.C. 
470h) is amended--
            (1) by striking ``Sec. 108. To'' and inserting the 
        following:

``SEC. 108. HISTORIC PRESERVATION FUND.

    ``(a) Establishment.--To'';
            (2) in subsection (a) (as designated by paragraph (1)), by 
        striking ``There shall be covered into such fund'' and all that 
        follows through ``(43 U.S.C. 338),'' and inserting ``There 
        shall be deposited in the fund for each fiscal year after 
        fiscal year 1999, from revenues due and payable to the United 
        States as qualified outer Continental Shelf revenues (as 
defined in section 2 of the Natural Resources Reinvestment Act of 
1999), the lesser of $150,000,000 or the amount that is equal to 5 
percent of those revenues.'';
            (3) by striking the third sentence of subsection (a) (as so 
        designated by paragraph (1)) and all that follows through the 
        end of the subsection and inserting ``Such moneys shall be used 
        only to carry out this Act.''; and
            (4) by adding at the end the following:
    ``(b) Availability.--Of amounts in the fund, up to $150,000,000 
shall be available fiscal year 2000 and each fiscal year thereafter, 
for obligation or expenditure without further Act of appropriation to 
carry out this Act, and shall remain available until expended.
    ``(c) Investment.--The Secretary of the Treasury shall invest 
moneys in the fund that are excess to expenditures in public debt 
securities with maturities suitable to the needs of the fund, as 
determined by the Secretary of the Treasury, and bearing interest at 
rates determined by the Secretary of the Treasury, taking into 
consideration current market yields on outstanding marketable 
obligations of the United States of comparable maturity. Interest 
earned on such investments shall be deposited in the fund.''.

   Subtitle D--State Land and Water of National or Regional Interest

SEC. 141. STATE LAND AND WATER OF NATIONAL OR REGIONAL INTEREST.

    Title I of the Land and Water Conservation Fund Act of 1965 (16 
U.S.C. 460l-4 et seq.) is amended by adding at the end the following:

``SEC. 14. STATE LAND AND WATER OF NATIONAL OR REGIONAL INTEREST.

    ``(a) Definitions.--In this section:
            ``(1) Account.--The term `account' means the special 
        account for conservation of State land and water of national or 
        regional interest established under subsection (b).
            ``(2) Council.--The term `Council' means the Stewardship 
        Council established by section 3 of the Natural Resources 
        Reinvestment Act of 1999.
            ``(3) State land and water of national or regional 
        interest.--The term `State land and water of national or 
        regional interest' means land or water located in a State that 
        is--
                    ``(A) determined by the State to be of clear 
                national or regional significance based on the 
                ecological, aesthetic, recreational, and cultural value 
                of the land or water; and
                    ``(B) not owned by the Federal Government 
                (including any unit of the National Park System, 
                National Forest System, National Wildlife Refuge 
                System, or National Wilderness System).
    ``(b) State Land and Water of National or Regional Interest 
Account.--
            ``(1) In general.--There is established in the fund a 
        special account to provide grants to States for the 
        conservation of State land and water of national or regional 
        interest.
            ``(2) Allocation.--Notwithstanding section 5, there shall 
        be credited annually to the account, from qualified outer 
        Continental Shelf revenues (as defined in section 2 of the 
        Natural Resources Reinvestment Act of 1999), the lesser of 
        $200,000,000 or the amount that is equal to 7 percent of those 
        revenues.
    ``(c) Grants to States.--
            ``(1) In general.--A State may submit an application 
        (including a detailed description of each proposed conservation 
        project) to the Secretary for a grant to fund the conservation 
        of State land and water of national or regional interest.
            ``(2) Forwarding of applications.--On receipt of an 
        application for a grant described in paragraph (1), the 
        Secretary shall forward the application to the Council.
            ``(3) Selection of grant recipients.--
                    ``(A) In general.--Not later than 90 days after 
                receipt from the Secretary of an application described 
                in paragraph (1), the Council shall--
                            ``(i) review the application;
                            ``(ii) decide whether to recommend that a 
                        grant to fund the conservation of State land 
                        and water of national or regional interest be 
                        awarded to the State making the application; 
                        and
                            ``(iii) notify the State of the decision of 
                        the Council.
                    ``(B) Selection factors.--In deciding whether to 
                recommend the award of a grant under subparagraph (A), 
                the Council shall--
                            ``(i) consider, on a competitive basis as 
                        compared with other applications received, the 
                        extent to which a proposed conservation project 
described in a grant application would conserve ecological, aesthetic, 
recreational, and cultural values of the State land and water of 
national or regional interest; and
                            ``(ii) give preference to--
                                    ``(I) proposed conservation 
                                projects that are aimed at protecting 
                                ecosystems; and
                                    ``(II) proposed conservation 
                                projects that are developed in 
                                collaboration with private persons or 
                                other States.
            ``(4) Matching requirements.--A grant awarded to a State 
        under this subsection shall cover--
                    ``(A) not more than 70 percent of the costs of a 
                conservation project undertaken by the State, in the 
                case of full fee acquisition by the State of State land 
                and water of national or regional interest; and
                    ``(B) not more than 50 percent of the costs of a 
                conservation project undertaken by the State, in the 
                case of acquisition of State land and water of national 
                or regional interest by the State that is less than fee 
                acquisition, such as acquisition of a conservation 
                easement.
            ``(5) Report.--At least 90 days before awarding a grant to 
        a State under this section, the Council shall submit a report 
        describing the proposed grant to--
                    ``(A) the Subcommittee on Interior of the Committee 
                on Appropriations of the Senate; and
                    ``(B) the Subcommittee on Interior of the Committee 
                on Appropriations of the House of Representatives.''.

               Subtitle E--Payments for Federal Ownership

SEC. 151. AUTHORIZATION OF APPROPRIATIONS FOR PAYMENTS FOR ENTITLEMENT 
              LAND AND THE REFUGE REVENUE SHARING FUND.

    (a) Entitlement Land.--There is authorized to be appropriated for 
payments to units of general local government under chapter 69 of title 
31, United States Code, for entitlement land acquired after the date of 
enactment of this Act, $50,000,000.
    (b) Refuge Revenue Sharing Fund.--There is authorized to be 
appropriated for payments required under the Act of June 15, 1935 (16 
U.S.C. 715s), for refuge land acquired after the date of enactment of 
this Act, $25,000,000.

                TITLE II--STATE CONSERVATION ASSISTANCE

SEC. 201. SHORT TITLE.

    This title may be cited as the ``State Conservation Assistance 
Grants Act of 1999''.

SEC. 202. FINDINGS AND PURPOSE.

    (a) Findings.--Congress finds that--
            (1) the outer Continental Shelf contains oil, gas, and 
        other nonrenewable resources owned by the public that are 
        developed by the Federal Government and generate significant 
        revenues for the United States;
            (2) historically, the development of those mineral 
        resources has been accompanied by adverse environmental impacts 
        on the States adjacent to the outer Continental Shelf in which 
        development has occurred;
            (3) consistent with the commitment to devote revenues from 
        offshore oil and gas leases to resource protection through the 
        Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-4 
        et seq.), a portion of revenues derived from the development of 
        mineral resources of the outer Continental Shelf should be 
        reinvested in the United States through conservation of 
        environmental and other public resources, including open and 
        green spaces, habitat for fish and wildlife, wetland, historic 
        sites, parks and other outdoor recreation areas, clean air, and 
        clean water;
            (4) the need to reinvest in the public resources described 
        in paragraph (3) has increased significantly, because the 
        United States has experienced unprecedented prosperity, growth, 
        and development that have intensified stress on the natural 
        environment;
            (5) in recent years, numerous State and local governments, 
        as well as citizens throughout the United States, have 
        initiated efforts to conserve, protect, and restore those 
        resources; and
            (6) the priority for carrying out measures to protect and 
        conserve the public resources described in paragraph (3) should 
        be determined--
                    (A) at the State and local levels, by individuals 
                who have the greatest interest in enhancing the quality 
                of life in their communities; and
                    (B) in cooperation with the Federal Government, 
                which has an interest in protecting the resources of 
                the United States.
    (b) Purpose.--The purpose of this title is to establish a program 
to provide a reliable source of Federal funding for States to carry out 
activities to conserve, protect, and restore the natural resources of 
the United States, including water and air quality, fish and wildlife 
habitat, marine, estuarine, and coastal ecosystems, wetland, farmland, 
forest land, and parks and other places of outdoor recreation.

SEC. 203. DEFINITIONS.

    In this title:
            (1) Coastline.--The term ``coastline'' has meaning given 
        the term ``coast line'' in section 2 of the Submerged Lands Act 
        (43 U.S.C. 1301).
            (2) Distance.--The term ``distance'' means minimum great 
        circle distance, measured in statute miles.
            (3) Eligible applicant.--The term ``eligible applicant'' 
        means a State, a municipality (including a subdivision of a 
        State or municipality), or an interstate agency.
            (4) Estimated population.--The term ``estimated 
        population'' means the population determined by the Secretary 
        of Commerce on the basis of the most recent decennial census 
        for which information is available.
            (5) Fund.--The term ``Fund'' means the Environmental 
        Stewardship Fund established by section 204.
            (6) Governor.--The term ``Governor'' means the chief 
        executive officer of a State.
            (7) Indian tribe.--The term ``Indian tribe'' has the 
        meaning given the term in section 102 of the Federally 
        Recognized Indian Tribe List Act of 1994 (25 U.S.C. 479a).
            (8) Population density.--The term ``population density'', 
        with respect to a State, means the quotient obtained by 
        dividing the estimated population of the State by the 
        geographic area of the State.
            (9) State.--The term ``State'' means--
                    (A) any of the 50 States, the Territories, and the 
                District of Columbia; and
                    (B)(i) when used in a political sense, the tribal 
                government of an Indian tribe; and
                    (ii) when used in a geographic sense, the land 
                under the jurisdiction of the tribal government of an 
                Indian tribe.
            (10) Territory.--The term ``Territory'' means Puerto Rico, 
        Guam, American Samoa, the Virgin Islands, and the Commonwealth 
        of the Northern Mariana Islands.

SEC. 204. ENVIRONMENTAL STEWARDSHIP FUND.

    (a) Establishment.--There is established in the Treasury of the 
United States a fund to be known as the ``Environmental Stewardship 
Fund', to be used in carrying out this title, consisting of--
            (1) such amounts as are deposited in the Fund under 
        subsection (b); and
            (2) any interest earned on investment of amounts in the 
        Fund under subsection (c).
    (b) Transfers to Fund.--Notwithstanding section 9 of the Outer 
Continental Shelf Lands Act (43 U.S.C. 1338), for each fiscal year, 
there shall be deposited in the Fund from qualified outer Continental 
Shelf revenues the lesser of $900,000,000 or the amount that is equal 
to 34 percent of the amount of those revenues.
    (c) Expenditures From Fund.--On request by the Stewardship Council, 
and without further Act of appropriation, the Secretary of the Treasury 
shall transfer from the Fund to the Stewardship Council such amounts as 
the Stewardship Council determines are necessary to carry out this 
title.
    (d) Investment of Amounts.--
            (1) In general.--The Secretary of the Treasury shall invest 
        such portion of the Fund as is not, in the judgment of the 
        Secretary of the Treasury, required to meet current 
        withdrawals. Investments may be made only in interest-bearing 
        obligations of the United States.
            (2) Acquisition of obligations.--For the purpose of 
        investments under paragraph (1), obligations may be acquired--
                    (A) on original issue at the issue price; or
                    (B) by purchase of outstanding obligations at the 
                market price.
            (3) Sale of obligations.--Any obligation acquired by the 
        Fund may be sold by the Secretary of the Treasury at the market 
        price.
            (4) Credits to fund.--The interest on, and the proceeds 
        from the sale or redemption of, any obligations held in the 
        Fund shall be credited to and form a part of the Fund.
    (e) Transfers of Amounts.--
            (1) In general.--The amounts required to be transferred to 
        the Fund under this section shall be transferred at least 
        monthly from the general fund of the Treasury to the Fund on 
the basis of estimates made by the Secretary of the Treasury.
            (2) Adjustments.--Proper adjustment shall be made in 
        amounts subsequently transferred to the extent prior estimates 
        were in excess of or less than the amounts required to be 
        transferred.

SEC. 205. APPORTIONMENT OF FUND RECEIPTS TO STATES.

    (a) Administrative Expenses.--For each fiscal year, without further 
Act of appropriation, the Stewardship Council may use, for payment of 
administrative expenses incurred in carrying out this title, not more 
than 2 percent of the sums deposited in the Fund for the preceding 
fiscal year.
    (b) Available Amount.--For each fiscal year, without further Act of 
appropriation, the Secretary of the Treasury shall distribute in 
accordance with this section an amount equal to the sum of--
            (1) the amount of the sums deposited in the Fund for the 
        preceding fiscal year remaining after the use authorized under 
        subsection (a); and
            (2) the interest earned on investment of those sums under 
        section 204(d) for the preceding fiscal year.
    (c) Apportionment.--
            (1) Apportionment to historically oil and gas productive 
        coastal states.--
                    (A) In general.--For each fiscal year, the 
                Stewardship Council shall apportion from the amount 
                available under subsection (b) the amount specified in 
                subparagraph (B) for the fiscal year to coastal States 
                any portion of the coastline of which is located within 
                a distance of 200 miles of the geographic center of a 
                leased tract that was leased at any time during the 
                period of 1953 through 1997, and produced oil or gas 
                during that period, based on the ratio that--
                            (i) the revenues received during that 
                        period from the leased tracts the geographic 
                        centers of which are located within a distance 
                        of 200 miles of any portion of the coastline of 
                        the coastal State; bears to
                            (ii) the total of the revenues described in 
                        clause (i) with respect to all such coastal 
                        States.
                    (B) Amounts.--The amount specified in this 
                subparagraph is--
                            (i) for fiscal year 2000, $100,000,000;
                            (ii) for fiscal year 2001, $80,000,000;
                            (iii) for fiscal year 2002, $60,000,000;
                            (iv) for fiscal year 2003, $40,000,000;
                            (v) for fiscal year 2004, $20,000,000; and
                            (vi) for fiscal year 2005 and each fiscal 
                        year thereafter, $10,000,000.
            (2) Apportionment to indian tribes, district of columbia, 
        and territories.--
                    (A) Apportionment to indian tribes.--For each 
                fiscal year, 0.5 percent of the portion of the amount 
                available under subsection (b) remaining after the 
                apportionments under paragraph (1) shall be apportioned 
                to the Indian tribes collectively, to be distributed by 
                the Secretary.
                    (B) Apportionment to the district of columbia and 
                territories.--For each fiscal year, 0.5 percent of the 
                portion of the amount available under subsection (b) 
                remaining after the apportionments under paragraph (1) 
                shall be apportioned to the District of Columbia and 
                the Territories collectively, to be distributed in 
                equal amounts among the District of Columbia and each 
                of the Territories.
            (3) Apportionment to other states.--
                    (A) In general.--For each fiscal year, the portion 
                of the amount available under subsection (b) remaining 
                after the apportionments under paragraphs (1) and (2) 
                shall be apportioned to the States not receiving an 
                apportionment under paragraph (2) as follows:
                            (i) 25 percent in the ratio that the miles 
                        of coastline in each such State bears to the 
                        total miles of coastline in all such States.
                            (ii) 25 percent in the ratio that the 
                        geographic area of each such State bears to the 
                        total geographic area of all such States.
                            (iii) 35 percent in the ratio that the 
                        estimated population of each such State bears 
                        to the total estimated population of all such 
                        States.
                            (iv) 15 percent in the ratio that the 
                        population density of each such State bears to 
                        the sum of the population densities of all such 
                        States.
                    (B) Minimum and maximum apportionments.--For each 
                fiscal year, the amounts apportioned under this 
                paragraph shall be adjusted proportionately so that no 
State receiving an apportionment under subparagraph (A) is apportioned 
a sum that is--
                            (i) less than 0.5 percent of the portion of 
                        the amount available under subsection (b) 
                        remaining after the apportionments under 
                        paragraph (1) for the fiscal year; or
                            (ii) more than 5 percent of that amount.
    (d) Period for Obligation of Apportionments.--If the Secretary of 
the Treasury determines that any portion of an apportionment to a State 
has not been obligated by the State during the fiscal year for which 
the apportionment is made or during the 2 fiscal years thereafter, the 
Secretary of the Treasury shall--
            (1) reduce, by the amount of the unobligated portion of the 
        State's apportionment, the apportionment to the State for the 
        succeeding fiscal year; and
            (2) apportion to the States during that fiscal year, in 
        accordance with subsection (c), the amount of the unobligated 
        portion.

SEC. 206. USE OF FUNDS BY STATES.

    (a) Historically Oil and Gas Productive Coastal States.--Each State 
described in section 205(c)(1)(A) shall use--
            (1) not more than 27 percent of the apportionment to the 
        State under section 205(c)(2)--
                    (A) to mitigate the adverse environmental impacts 
                resulting from the siting, construction, expansion, or 
                operation of outer Continental Shelf facilities beyond 
                the mitigation required under other law;
                    (B) to pay administrative costs incurred by the 
                State or a political subdivision of the State in 
                approving, disapproving, or permitting outer 
                Continental Shelf development and production activities 
                under applicable law, including the Coastal Zone 
                Management Act of 1972 (16 U.S.C. 1451 et seq.) and the 
                Outer Continental Shelf Lands Act (43 U.S.C. 1331 et 
                seq.); and
                    (C) to repurchase leases for outer Continental 
                Shelf development and production; and
            (2) the balance of the apportionment to the State under 
        section 205 to fund activities described in subsection (c).
    (b) Other States.--
            (1) In general.--Amounts apportioned under section 205 to a 
        State other than a State subject to subsection (a) shall be 
        used to make grants to eligible applicants to pay the Federal 
        share of the cost of carrying out eligible activities described 
        in subsection (c).
            (2) Federal share.--The Federal share of the cost of 
        carrying out an eligible activity shall be determined by the 
        Governor, but shall not exceed 70 percent.
    (c) Eligible Activities.--
            (1) In general.--An eligible activity described in this 
        subsection is any activity--
                    (A) the implementation of which would improve air 
                and water quality, result in the acquisition of open 
                space or a park, preserve a historic site, conserve 
                habitat for fish and wildlife, redevelop a brownfield, 
                or otherwise further the purposes of this title in a 
                manner that exceeds the requirements of any Federal law 
                in effect as of the date of enactment of this Act;
                    (B) that has been approved by the Governor, subject 
                to public notice and opportunity for comment; and
                    (C) that is identified in the current State plan 
                that has been approved by the Stewardship Council.
            (2) Types of eligible activities.--Specific eligible 
        activities include the following:
                    (A) Clean water.--With respect to clean water, an 
                eligible activity may be--
                            (i) implementation of a project identified 
                        in a national estuary program comprehensive 
                        management plan under section 320 of the 
                        Federal Water Pollution Control Act (33 U.S.C. 
                        1330) or an approved coastal zone management 
                        plan;
                            (ii) State participation in monitoring and 
                        exposure assessment related to estrogenic 
                        substances; or
                            (iii) development and support of a 
                        watershed management council.
                    (B) Clean air.--With respect to clean air, an 
                eligible activity may be--
                            (i) exceeding attainment levels prescribed 
                        under the Clean Air Act (42 U.S.C. 7401 et 
                        seq.); or
                            (ii) implementation of State energy 
                        conservation efforts carried out after the date 
                        of enactment of this Act.
                    (C) Farmland and open space protection.--With 
                respect to farmland and open space protection, an 
                eligible activity may be--
                            (i) provision of technical assistance for 
                        small and rural communities in the development 
                        of open space preservation and conservation 
                        plans;
                            (ii) purchase of farmland conservation 
                        easements; or
                            (iii) redevelopment of brownfields for the 
                        purpose of public recreation.
                    (D) Marine resources.--With respect to marine 
                resources, an eligible activity may be--
                            (i) protection of essential fish habitat; 
                        or
                            (ii) acquisition of sensitive coastal 
                        areas, including coastal barriers, wetland, and 
                        buffer areas and coral reef renovation.
                    (E) Wildlife conservation.--With respect to 
                wildlife conservation, an eligible activity may be--
                            (i) implementation of recovery plans to 
                        conserve endangered or threatened species;
                            (ii) landowner incentives for the 
                        conservation of endangered or threatened 
                        species; or
                            (iii) conservation of nonlisted species, 
                        including sensitive and declining species.
    (d) Compliance With Applicable Laws.--All activities funded with an 
apportionment to a State under section 205 shall comply with all 
applicable Federal, State, and local laws (including regulations).
    (e) Limitations on Use of Funds.--A State shall not use an 
apportionment to the State under section 205--
            (1) to carry out an activity in satisfaction of liability 
        for natural resource damages under Federal or State law; or
            (2) to carry out an activity otherwise required by law.

SEC. 207. STATE PLANS.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, as a condition of receipt of apportionments under this 
title, the Governor of each State eligible to receive an apportionment 
under section 205 shall--
            (1) develop and submit to the Stewardship Council a State 
        plan for the use of the apportionments, including--
                    (A) identification of high-priority environmental 
                concerns of the State; and
                    (B) consideration of relevant Federal and State 
                resources;
            (2) obtain and maintain the approval of the Stewardship 
        Council of the State plan; and
            (3) to the maximum extent practicable, coordinate the 
        actions under the State plan with ongoing conservation planning 
        efforts in the State.
    (b) Revisions.--The Governor shall revise and resubmit the plan for 
approval, as necessary, but not less often than once every 2 years.
    (c) Criteria for Approval.--The Stewardship Council shall approve a 
State plan submitted under subsection (a), or a revision of a State 
plan submitted under subsection (b), if the State plan or revision--
            (1) provides for use of apportionments to the State in 
        accordance with this title; and
            (2) addresses high-priority conservation issues, or 
        projects that are identified in a State comprehensive 
        conservation plan.
    (d) Revocation of Approval.--The Stewardship Council may revoke 
approval of a State plan if the Stewardship Council determines that--
            (1) the State is not using apportionments to the State in 
        accordance with this title; or
            (2) the Governor of the State fails to revise the plan as 
        required under subsection (b).
    (e) Public Participation.--The plan, and each revision of the plan, 
shall be developed after public notice and an opportunity for public 
participation.
    (f) Certification by the Governor.--The Governor shall certify to 
the Stewardship Council that the plan, and each revision of the plan, 
was developed with an opportunity for public participation and in 
accordance with all applicable State laws.
    (g) Reporting of Expenditures.--The plan shall contain a 
description of activities funded with amounts appropriated under this 
title for the preceding 2 years.

SEC. 208. EFFECT ON LEASING AND DEVELOPMENT.

    Nothing in this title--
            (1) affects any moratorium on leasing of outer Continental 
        Shelf leases for drilling; or
            (2) constitutes an incentive to encourage the development 
        of outer Continental Shelf resources where those resources are 
        not being developed as of the date of enactment of this Act.

               TITLE III--FISH AND WILDLIFE CONSERVATION

SEC. 301. FINDINGS AND PURPOSES.

    The Fish and Wildlife Conservation Act of 1980 is amended by 
striking section 2 (16 U.S.C. 2901) and inserting the following:

``SEC. 2. FINDINGS AND PURPOSES.

    ``(a) Findings.--Congress finds that--
            ``(1) fish and wildlife are of ecological, educational, 
        esthetic, cultural, recreational, economic, and scientific 
        value to the United States;
            ``(2) healthy populations of species of fish and wildlife 
        should be achieved and maintained for the benefit of present 
        and future generations of Americans;
            ``(3) management and conservation of fish and wildlife 
        require adequate funding for State programs and coordination 
        with Federal, local, and tribal governments, private 
        landowners, and interested organizations within each State;
            ``(4) coordination and comprehensive planning of 
        conservation efforts and funding sources under existing 
        programs, such as the Federal aid in wildlife program and the 
        Federal aid in sport fish restoration program, are being 
        carried out by many States and should be encouraged;
            ``(5) increasing coordination and comprehensive planning of 
        State conservation efforts and funding sources would provide 
        significant benefits to the conservation and management of 
        species; and
            ``(6) conservation efforts and funding should emphasize 
        species that are not hunted, fished, or trapped, as nongame 
        programs receive less than $100,000,000 annually among all 50 
        States, compared with an estimated $1,000,000,000 annually for 
        game-focused programs.
    ``(b) Purposes.--The purposes of this Act are--
            ``(1) to provide assistance to the States for the 
        conservation of fish and wildlife, especially nongame fish and 
        wildlife; and
            ``(2) to encourage implementation and coordination of 
        comprehensive fish and wildlife conservation programs.''.

SEC. 302. DEFINITIONS.

    Section 3 of the Fish and Wildlife Conservation Act of 1980 (16 
U.S.C. 2902) is amended--
            (1) by striking ``As used in this Act--'' and inserting 
        ``In this Act:'';
            (2) in paragraphs (1), (2), and (4), by striking ``plan'' 
        each place it appears and inserting ``program'';
            (3) in paragraph (8), by striking ``the Trust Territory of 
        the Pacific Islands,'';
            (4) by redesignating paragraphs (6), (7), and (8) as 
        paragraphs (7), (9), and (10), respectively;
            (5) by inserting after paragraph (5) the following:
          ``(6) Leased tract.--The term `leased tract' means a tract--
                    ``(A) leased under section 8 of the outer 
                Continental Shelf Lands Act (43 U.S.C. 1337) for the 
                purpose of drilling for, developing, and producing oil 
                and natural gas resources; and
                    ``(B) comprising a unit consisting of a block, a 
                portion of a block, or a combination of blocks or 
                portions of blocks, as specified in the lease, and as 
                depicted on an Outer Continental Shelf Official 
                Protraction Diagram.''; and
            (6) by inserting after paragraph (7) (as redesignated by 
        paragraph (4)) the following:
            ``(8) Qualified outer continental shelf revenues.--
                    ``(A) In general.--The term `qualified outer 
                Continental Shelf revenues' means--
                            ``(i) all sums received by the United 
                        States from each leased tract or portion of a 
                        leased tract located in the western or central 
                        Gulf of Mexico; less
                            ``(ii) such sums as may be credited to 
                        States under section 8(g) of the Outer 
                        Continental Shelf Lands Act (43 U.S.C. 1337(g)) 
                        and amounts needed for adjustments and refunds 
                        as overpayments for rents, royalties, or other 
                        purposes.
                    ``(B) Inclusions.--The term `qualified outer 
                Continental Shelf revenues' includes royalties 
                (including payments for royalty taken in kind and 
                sold), net profit share payments, and related late-
                payment interest from natural gas and oil leases 
                granted under the Outer Continental Shelf Lands Act (43 
                U.S.C. 1331 et seq.) for a leased tract or portion of a 
                leased tract described in subparagraph (A)(i).''.

SEC. 303. CONSERVATION PROGRAMS.

    (a) In General.--The Fish and Wildlife Conservation Act of 1980 is 
amended by striking section 4 (16 U.S.C. 2903) and inserting the 
following:

``SEC. 4. CONSERVATION PROGRAMS.

    ``(a) In General.--Not later than 5 years after the date of receipt 
by a State of an initial apportionment under section 7, the State shall 
develop and begin implementation of a conservation program for species 
of fish and wildlife in the State that emphasizes fish and wildlife 
species that are not hunted, trapped, or fished (including associated 
habitats of those species) and is based on best available and 
appropriate scientific information and data.
    ``(b) Required Elements.--A conservation program under subsection 
(a) shall include--
            ``(1) information on the distribution and abundance of 
        species (including species having a low population and 
        declining species, as determined to be appropriate by the 
        designated State agency) that are indicative of the diversity 
        and health of wildlife of the State;
            ``(2) identification of the extent and condition of 
        wildlife habitats and community types essential to the 
        conservation of species;
            ``(3) identification of problems that may adversely affect 
        species and habitats;
            ``(4) priority research and surveys to identify factors 
        that may assist in restoration and more effective conservation 
        of species and habitats;
            ``(5) determinations of actions that should be taken to 
        conserve the species and habitats, and establishment of 
        priorities for implementing any recommended actions;
            ``(6) periodic monitoring of species and habitats, 
        including--
                    ``(A) assessment of the effectiveness of the 
                conservation actions determined under paragraph (5); 
                and
                    ``(B) development of recommendations for 
                implementing conservation actions to appropriately 
                respond to new information or changing conditions;
            ``(7) review of the State conservation program, and, if 
        appropriate, revision of the conservation program at least once 
        every 10 years; and
            ``(8) coordination, to the maximum extent feasible, by the 
        designated State agency, during the development, 
        implementation, review, and revision of the conservation 
        program, with Federal, State, and local agencies and Indian 
        tribes that--
                    ``(A) manage significant areas of land or water 
                within the State; or
                    ``(B) administer programs that significantly affect 
                the conservation of species or habitats.''.
    (b) Approval by the Secretary of Conservation Programs.--The Fish 
and Wildlife Conservation Act of 1980 is amended by striking section 5 
(16 U.S.C. 2903) and inserting the following:

``SEC. 5. APPROVAL BY THE SECRETARY OF CONSERVATION PROGRAMS.

    ``(a) In General.--
            ``(1) Approval.--The Secretary shall approve a conservation 
        program if the conservation program meets the requirements of 
        section 4, is substantial in character and design, and has been 
        made available for public comment.
            ``(2) Individual conservation actions.--
                    ``(A) In general.--In the absence of an approved 
                conservation program, the Secretary may approve 
                conservation actions that are intended to conserve 
                primarily species of fish and wildlife that are not 
                hunted, trapped, or fished and the habitats of those 
                species.
                    ``(B) Criteria for approval.--Under subparagraph 
                (A), the Secretary may approve a conservation action 
                for a species of fish or wildlife if--
                            ``(i) the proposal for the conservation 
                        action--
                                    ``(I) includes an estimate of the 
                                population and distribution of the 
                                species and a description of the 
                                significant habitat of the species;
                                    ``(II) provides for regular 
                                monitoring of the effectiveness of the 
                                conservation action; and
                                    ``(III) is substantial in character 
                                and design;
                            ``(ii) the conservation action is a high 
                        priority action in conserving the species; and
                            ``(iii) the State is making reasonable 
                        efforts to develop or revise a conservation 
                        program that complies with this Act.
            ``(3) Effect of approval.--
                    ``(A) In general.--Subject to subparagraph (B), the 
                development, implementation, and revision of 
                conservation programs approved under paragraph (1) and 
                the development and implementation of conservation 
                actions approved under paragraph (2) shall be eligible 
for funding using funds apportioned to the States under section 7.
                    ``(B) Limitation on use of funds.--Of the funds 
                apportioned to a State under section 7 for a fiscal 
                year, a pro rata portion of the amount required under 
                section 6(b) to be used for the conservation of 
                endangered or threatened species shall be used by the 
                State for that purpose.
    ``(b) Consolidation of Planning Efforts.--
            ``(1) Wildlife planning efforts.--With respect to 
        conservation of wildlife, the State may include the information 
        required to be included in a conservation program under section 
        4 in the plan developed by the State under the Act entitled `An 
        Act to provide that the United States shall aid the States in 
        wildlife-restoration projects, and for other purposes', 
        approved September 2, 1937 (16 U.S.C. 669 et seq.), in which 
        case the Secretary shall approve the conservation program for 
        the purposes of, and in accordance with, this Act and that Act.
            ``(2) Fish planning efforts.--With respect to conservation 
        of fish, the State may include the information required to be 
        included in a conservation program under section 4 in the plan 
        developed by the State under the Act entitled `An Act to 
        provide that the United States shall aid the States in fish 
        restoration and management projects, and for other purposes', 
        approved August 9, 1950 (16 U.S.C. 777 et seq.), in which case 
        the Secretary shall approve the conservation program for the 
        purposes of, and in accordance with, this Act and that Act.''.

SEC. 304. FISH AND WILDLIFE CONSERVATION FUND.

    The Fish and Wildlife Conservation Act of 1980 is amended by 
striking section 6 (10 U.S.C. 2905) and inserting the following:

``SEC. 6. FISH AND WILDLIFE CONSERVATION FUND.

    ``(a) Establishment.--There is established in the Treasury of the 
United States a fund to be known as the `Fish and Wildlife Conservation 
Fund' (referred to in this section as the `Fund'), consisting of--
            ``(1) such amounts as are appropriated to the Fund under 
        subsection (b); and
            ``(2) any interest earned on investment of amounts in the 
        Fund under subsection (d).
    ``(b) Transfers to Fund.--Notwithstanding section 9 of the Outer 
Continental Shelf Lands Act (43 U.S.C. 1338), for each fiscal year, 
there are appropriated to the Fund, from revenues due and payable to 
the United States as qualified outer Continental Shelf revenues (as 
defined in section 2 of the Natural Resources Reinvestment Act of 
1999), the lesser of--
            ``(1) $250,000,000, of which $75,000,000 shall be used for 
        conservation of endangered or threatened species under section 
        6 of the Endangered Species Act of 1973 (16 U.S.C. 1535); or
            ``(2) the amount that is equal to 10 percent of those 
        revenues, of which an amount equal to 3 percent of those 
        revenues shall be used for conservation of endangered or 
        threatened species under that section.
    ``(c) Expenditures From Fund.--
            ``(1) In general.--Upon request by the Secretary and 
        without further Act of appropriation, for fiscal year 2000 and 
        each fiscal year thereafter, the Secretary of the Treasury 
        shall transfer from the Fund to the Secretary such amounts as 
        the Secretary determines are necessary to provide funding for 
        administrative expenses and apportionments under section 7.
            ``(2) Use of funds by states.--
                    ``(A) In general.--Funds apportioned to a State 
                under section 7 shall be used to carry out activities 
                eligible for funding under section 5.
                    ``(B) Maintenance of effort.--Funds made available 
                to States from the Fund shall supplement, but not 
                supplant, funds made available to the States from--
                            ``(i) the Federal aid to wildlife 
                        restoration fund established by section 3 of 
                        the Act entitled `An Act to provide that the 
                        United States shall aid the States in wildlife-
                        restoration projects, and for other purposes', 
                        approved September 2, 1937 (16 U.S.C. 669b); 
                        and
                            ``(ii) the Sport Fish Restoration Account 
                        established by section 9504 of the Internal 
                        Revenue Code of 1986.
    ``(d) Investment of Amounts.--
            ``(1) In general.--The Secretary of the Treasury shall 
        invest such portion of the Fund as is not, in the judgment of 
        the Secretary of the Treasury, required to meet current 
        withdrawals. Investments may be made only in interest-bearing 
        obligations of the United States.
            ``(2) Acquisition of obligations.--For the purpose of 
        investments under paragraph (1), obligations may be acquired--
                    ``(A) on original issue at the issue price; or
                    ``(B) by purchase of outstanding obligations at the 
                market price.
            ``(3) Sale of obligations.--Any obligation acquired by the 
        Fund may be sold by the Secretary of the Treasury at the market 
        price.
            ``(4) Credits to fund.--The interest on, and the proceeds 
        from the sale or redemption of, any obligations held in the 
        Fund shall be credited to and form a part of the Fund.
    ``(e) Transfers of Amounts.--
            ``(1) In general.--The amounts required to be transferred 
        to the Fund under this section shall be transferred at least 
        monthly from the general fund of the Treasury to the Fund on 
        the basis of estimates made by the Secretary of the Treasury.
            ``(2) Adjustments.--Proper adjustment shall be made in 
        amounts subsequently transferred to the extent prior estimates 
        were in excess of or less than the amounts required to be 
        transferred.''.

SEC. 305. APPORTIONMENT OF FUND RECEIPTS TO STATES.

    The Fish and Wildlife Conservation Act of 1980 is amended by 
striking section 7 (16 U.S.C. 2906) and inserting the following:

``SEC. 7. APPORTIONMENT OF FUND RECEIPTS TO STATES.

    ``(a) Deduction for Administrative Expenses.--
            ``(1) In general.--For each fiscal year, the Secretary may 
        deduct, for payment of administrative expenses incurred in 
        carrying out this Act, not more than 6 percent of the total 
        amount of the Fish and Wildlife Conservation Fund established 
        by section 6 available for apportionment for the fiscal year.
            ``(2) Period of availability.--A deduction by the Secretary 
        under paragraph (1) for a fiscal year shall be available for 
        obligation by the Secretary until September 30 of the following 
        fiscal year.
            ``(3) Apportionment of unobligated funds.--Not later than 
        60 days after the end of a fiscal year, the Secretary shall 
        apportion under subsections (b) and (c) any unobligated amount 
        of a deduction for which the period of availability under 
        paragraph (2) terminated on September 30 of the fiscal year.
    ``(b) Apportionment to District of Columbia and Territories.--For 
each fiscal year, after making the deduction under subsection (a), the 
Secretary shall make the following apportionments from the amount of 
the Fish and Wildlife Conservation Fund remaining available for 
apportionment:
            ``(1) To each of the District of Columbia and the 
        Commonwealth of Puerto Rico, a sum equal to not more than \1/2\ 
        of 1 percent of that remaining amount.
            ``(2) To each of Guam, American Samoa, the Virgin Islands, 
        and the Commonwealth of the Northern Mariana Islands, a sum 
        equal to not more than \1/6\ of 1 percent of that remaining 
        amount.
    ``(c) Apportionment to Other States.--
            ``(1) In general.--Subject to paragraph (2), for each 
        fiscal year, after making the deduction under subsection (a) 
        and the apportionment under subsection (b), the Secretary shall 
        apportion the amount of the Fish and Wildlife Conservation Fund 
        remaining available for apportionment among the States not 
        receiving an apportionment under subsection (b) in the 
        following manner:
                    ``(A) \1/3\ based on the ratio that the geographic 
                area of each such State bears to the total geographic 
                area of all such States.
                    ``(B) \2/3\ based on the ratio that the population 
                of each such State bears to the total population of all 
                such States.
            ``(2) Minimum and maximum apportionments.--For each fiscal 
        year, the amounts apportioned under this subsection shall be 
        adjusted proportionately so that no State receiving an 
        apportionment under paragraph (1) is apportioned a sum that 
        is--
                    ``(A) less than 1 percent of the amount available 
                for apportionment under this subsection for the fiscal 
                year; or
                    ``(B) more than 5 percent of that amount.
    ``(d) Period of Availability of Apportionments.--
            ``(1) In general.--An apportionment to a State under 
        subsection (b) or (c) for a fiscal year shall be available for 
        obligation by the State until the end of the fourth succeeding 
        fiscal year.
            ``(2) Reapportionment of unobligated funds.--Any amount 
        apportioned to a State under subsection (b) or (c) for which 
        the period of availability under paragraph (1) terminated at 
the end of a fiscal year shall be reapportioned to the States in 
accordance with subsections (b) and (c) during the following fiscal 
year.
    ``(e) Cost Sharing.--Not more than 70 percent of the cost of any 
activity funded under this Act may be funded using amounts apportioned 
to a State under this section.''.

SEC. 306. TECHNICAL AMENDMENTS.

    (a) Section 9 of the Fish and Wildlife Conservation Act of 1980 (16 
U.S.C. 2908) is amended by striking ``conservation plans'' and 
inserting ``conservation programs''.
    (b) Section 13(b) of the Fish and Wildlife Conservation Act of 1980 
(16 U.S.C. 2912) is amended in the second sentence by striking 
``Committee on Merchant Marine and Fisheries'' and inserting 
``Committee on Resources''.
    (c) The Fish and Wildlife Conservation Act of 1980 is amended--
            (1) by striking sections 8, 11, and 12 (16 U.S.C. 2907, 
        2910, 2911); and
            (2) by redesignating sections 9, 10, and 13 (16 U.S.C. 
        2908, 2909, 2912) as sections 8, 9, and 10, respectively.
    (d) Section 3(5) of the North American Wetlands Conservation Act 
(16 U.S.C. 4402(5)) is amended by striking ``under the Fish and 
Wildlife Conservation Act of 1980 (16 U.S.C. 2901-2912)'' and inserting 
``in section 3 of the Fish and Wildlife Conservation Act of 1980 (16 
U.S.C. 2902)''.
    (e) Section 16(a) of the North American Wetlands Conservation Act 
(16 U.S.C. 4413) is amended in the first sentence by striking ``section 
13(a)(5) of the Fish and Wildlife Conservation Act of 1980 (16 U.S.C. 
2912(a))'' and inserting ``section 10(a)(5) of the Fish and Wildlife 
Conservation Act of 1980''.

                  TITLE IV--NEW OPEN SPACE INITIATIVES

                         Subtitle A--Watersheds

SEC. 401. FINDINGS AND PURPOSE.

    (a) Findings.--Congress finds that--
            (1) properly managed watersheds can protect and enhance 
        surface water quality by--
                    (A) processing nutrients;
                    (B) trapping sediments; and
                    (C) providing settings where runoff contaminants 
                can be chemically and biologically neutralized before 
                the contaminants enter surface and ground water;
            (2) properly managed watersheds can reduce erosion of 
        stream banks and surrounding land by--
                    (A) reducing the volume and velocity of peak runoff 
                flows; and
                    (B) helping to protect sensitive stream bank and 
                stream bed areas often critical to the protection of 
                the biological integrity of surface and ground waters; 
                and
            (3) the purchase of easements in, or fee title to, critical 
        land from willing sellers can be a useful tool in ensuring the 
        implementation of an effective program for enhancing and 
        protecting the quality of surface and ground waters.
    (b) Purpose.--The purpose of this title is to encourage the 
acquisition or restoration of contiguous watersheds and wetland by 
providing funding for the acquisition or restoration of wetland, 
adjacent land, or buffer strips under the Federal Water Pollution 
Control Act (33 U.S.C. 1251 et seq.).

SEC. 402. LAND ACQUISITION AND RESTORATION PROGRAM.

    (a) Funding.--Title III of the Federal Water Pollution Control Act 
(33 U.S.C. 1311 et seq.) is amended by adding at the end the following:

``SEC. 321. SAVE OUR WATERSHEDS PROGRAM.

    ``(a) Consideration of Acquisition.--Each plan prepared by the 
appropriate State, local, or other non-Federal entity under section 
118, 314, 319(g), or 320 shall--
            ``(1) evaluate the effectiveness of the acquisition or 
        restoration of land or interests in land as a means of meeting 
        the goals of the plan; and
            ``(2) include programs to encourage State, local, private, 
        or other non-Federal funding of acquisitions or restorations if 
        acquisition or restoration of land or interests in land is 
        found by the entity to be an effective tool for plans prepared 
        under this Act.
    ``(b) Funding.
            ``(1) SRF funding.--
                    ``(A) In general.--A State may use funds from the 
                water pollution control revolving fund of the State 
                established under title VI for the acquisition or 
                restoration of land in accordance with a plan developed 
                under section 118, 314, 319(g), or 320.
                    ``(B) SRF funding limitation.--Not more than 10 
                percent of the funds awarded to a State under title VI 
                may be used for the acquisition or restoration of land 
                in accordance with this section.
            ``(2) Preferences for funding.--In considering requests for 
        funding of a plan for the acquisition or restoration of land or 
        interests in land under this section, the Administrator shall 
        provide a preference to requests with respect to which Federal 
        funds will be matched by--
                    ``(A) the State;
                    ``(B) the entity responsible for developing and 
                implementing the plan; or
                    ``(C) other non-Federal entities.
    ``(c) Possession of Land.--
            ``(1) In general.--All land or interests in land acquired 
        or restored under this section shall be held by an entity 
        chosen by the Governor or a designee.
            ``(2) Federal possession prohibited.--An officer or 
        employee of the Environmental Protection Agency or any other 
        Federal agency shall not hold any land or interests in land 
        acquired or restored under this section.
    ``(d) Use of Land.--
            ``(1) In general.--Land acquired or restored under this 
        section using Federal funds shall be made available for public 
        recreational purposes to the maximum extent practicable 
        considering the environmental sensitivity and suitability of 
        the land.
            ``(2) Incompatible purpose exception.--Land acquired or 
        restored under this section shall not be made available for 
        public recreational purposes if public recreational activities 
        would be incompatible with the purposes for which the land was 
        acquired or restored.''.
    (b) Conforming Amendments.--
            (1) Section 601(a) of the Federal Water Pollution Control 
        Act (33 U.S.C. 1381(a)) is amended--
                    (A) in paragraph (2), by striking ``and'' at the 
                end; and
                    (B) by inserting before the period at the end the 
                following: ``, and (4) for acquiring or restoring land 
                under section 321''.
            (2) Section 603(c) of the Federal Water Pollution Control 
        Act (33 U.S.C. 1383(c)) is amended in the first sentence--
                    (A) in paragraph (2), by striking ``and'' at the 
                end; and
                    (B) by inserting before the period at the end the 
                following: ``, and (4) for acquiring or restoring land 
                under section 321''.

                       Subtitle B--Transportation

SEC. 411. FINDINGS AND PURPOSE.

    (a) Findings.--Congress finds that--
            (1) historically, transportation projects have contributed 
        to suburban sprawl, loss of open space, and degradation of the 
        local environment; and
            (2) comprehensive transportation planning should 
        incorporate environmental mitigation and preservation of open 
        space to the extent locally desired and practicable.
    (b) Purpose.--The purpose of this subtitle is to incorporate 
efforts to mitigate transportation-related growth and development in 
surface transportation and highway projects.

SEC. 412. SURFACE TRANSPORTATION PROGRAM.

    Section 133(b) of title 23, United States Code, is amended by 
inserting after paragraph (11) the following:
            ``(12) Acquisition of open space and conservation easements 
        to mitigate transportation-related growth and development.''.

SEC. 413. FEDERAL-AID SYSTEM.

    Section 103(b)(6) of title 23, United States Code, is amended by 
adding at the end the following:
                    ``(Q) Acquisition of open space and conservation 
                easements to mitigate transportation-related growth and 
                development.''.

                          Subtitle C--Farmland

SEC. 421. FARMLAND PROTECTION.

    Section 388 of the Federal Agriculture Improvement and Reform Act 
of 1996 (16 U.S.C. 3830 note; Public Law 104-127) is amended--
            (1) by redesignating subsection (c) as subsection (h); and
            (2) by striking subsections (a) and (b) and inserting the 
        following:
    ``(a) Definition of Eligible Entity.--In this section, the term 
`eligible entity' means--
            ``(1) any agency of any State or local government, or 
        federally recognized Indian tribe; and
            ``(2) any organization that--
                    ``(A) is organized for, and at all times since its 
                formation has been operated principally for, 1 or more 
                of the conservation purposes specified in clause (i), 
                (ii), or (iii) of section 170(h)(4)(A) of the Internal 
                Revenue Code of 1986; and
                    ``(B)(i) is an organization described in section 
                501(c)(3) of the Code that is exempt from taxation 
                under section 501(a) of the Code;
                    ``(ii) is described in section 509(a)(2) of the 
                Code; or
                    ``(iii) is described in section 509(a)(3) of the 
                Code and is controlled by an organization described in 
                section 509(a)(2) of the Code.
    ``(b) Authority.--The Secretary of Agriculture shall establish and 
carry out a farmland protection program under which the Secretary shall 
provide grants to eligible entities to provide the Federal share of the 
cost of purchasing conservation easements or other interests in land 
with prime, unique, or other productive soil for the purpose of 
protecting topsoil by limiting nonagricultural uses of the land.
    ``(c) Federal Share.--The Federal share of the cost of purchasing a 
conservation easement or other interest described in subsection (b) 
shall be not more than 50 percent.
    ``(d) Title; Enforcement.--Title to a conservation easement or 
other interest described in subsection (b) may be held, and the 
conservation requirements of the easement or interest enforced, by any 
eligible entity.
    ``(e) State Certification.--The attorney general of the State in 
which land is located shall take such actions as are necessary to 
ensure that a conservation easement or other interest under this 
section is in a form that is sufficient to achieve the conservation 
purpose of the farmland protection program established under this 
section, the law of the State, and the terms and conditions of any 
grant made by the Secretary under this section.
    ``(f) Conservation Plan.--Any land for which a conservation 
easement or other interest is purchased under this section shall be 
subject to the requirements of a conservation plan to the extent that 
the plan does not negate or adversely affect the restrictions contained 
in any easement.
    ``(g) Technical Assistance.--The Secretary may use not more than 10 
percent of the amount that is made available for a fiscal year under 
subsection (h) to provide technical assistance to carry out this 
section.''.
                                 <all>
```