II

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.

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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘Natural Resources Reinvestment Act of 1999’’.

6 (b) TABLE OF CONTENTS.—The table of contents of

7 this Act is as follows:
2

•S 1573 IS

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.
3

•S 1573 IS

Sec. 412. Surface transportation program.

Sec. 413. Federal-aid system.

Subtitle C—Farmland

Sec. 421. Farmland protection.

1 SEC. 2. DEFINITIONS.

2 In this Act:

3 (1) LEASED TRACT.—The term ‘‘leased tract’’

4 means a tract—

5 (A) leased under section 8 of the Outer

6 Continental Shelf Lands Act (43 U.S.C. 1337)

7 for the purpose of drilling for, developing, and

8 producing oil and natural gas resources; and

9 (B) comprising a unit consisting of a

10 block, a portion of a block, or a combination of

11 blocks or portions of blocks, as specified in the

12 lease, and as depicted on an outer Continental

13 Shelf Official Protraction Diagram.

14 (2) OUTER CONTINENTAL SHELF.—The term

15 ‘‘outer Continental Shelf’’ has the meaning given the

16 term in section 2 of the Outer Continental Shelf

17 Lands Act (43 U.S.C. 1331).

18 (3) QUALIFIED OUTER CONTINENTAL SHELF

19 REVENUES.—

20 (A) IN GENERAL.—The term ‘‘qualified

21 outer Continental Shelf revenues’’ means—

22 (i) all sums received by the United

23 States from each leased tract or portion of
4

•S 1573 IS

1 a leased tract located in the western or

2 central Gulf of Mexico; less

3 (ii) such sums as may be credited to

4 States under section 8(g) of the Outer

5 Continental Shelf Lands Act (43 U.S.C.

6 1337(g)) and amounts needed for adjust7 ments and refunds as overpayments for

8 rents, royalties, or other purposes.

9 (B) INCLUSIONS.—The term ‘‘qualified

10 outer Continental Shelf revenues’’ includes roy11 alties (including payments for royalty taken in

12 kind and sold), net profit share payments, and

13 related late-payment interest from natural gas

14 and oil leases granted under the Outer Conti15 nental Shelf Lands Act (43 U.S.C. 1331 et

16 seq.) for a leased tract or portion of a leased

17 tract described in subparagraph (A)(i).

18 (4) REVENUES.—The term ‘‘revenues’’ means

19 all sums received by the United States as rents, roy20 alties (including payments for royalty taken in kind

21 and sold), net profit share payments, and related

22 late-payment interest from natural gas and oil leases

23 granted under the Outer Continental Shelf Lands

24 Act (43 U.S.C. 1331 et seq.).
5

•S 1573 IS

1 (5) SECRETARY.—The term ‘‘Secretary’’ means

2 the Secretary of the Interior.

3 (6) STEWARDSHIP COUNCIL.—The term ‘‘Stew4 ardship Council’’ means the interagency council es5 tablished by section 3.

6 SEC. 3. STEWARDSHIP COUNCIL.

7 (a) ESTABLISHMENT.—There is established an inter8 agency council to be known as the ‘‘Land and Water Re9 source Stewardship Council’’.

10 (b) MEMBERSHIP.—

11 (1) IN GENERAL.—The Stewardship Council

12 shall be composed of the following members or their

13 designees:

14 (A) The Administrator of the Environ15 mental Protection Agency.

16 (B) The Secretary of the Interior.

17 (C) The Administrator of the National

18 Oceanic and Atmospheric Administration.

19 (D) The Secretary of Agriculture.

20 (E) 2 Members of the Senate—

21 (i) to be appointed by the President of

22 the Senate; and

23 (ii) to serve in a nonvoting capacity.

24 (F) 2 Members of the House of

25 Representatives—
6

•S 1573 IS

1 (i) to be appointed by the Speaker of

2 the House of Representatives; and

3 (ii) to serve in a nonvoting capacity.

4 (2) CHAIRPERSON.—The members of the Stew5 ardship Council shall elect a Chairperson not less

6 often than once every 2 years.

7 (c) DUTIES.—

8 (1) IN GENERAL.—The Stewardship Council

9 shall be responsible for reviewing and selecting appli10 cations for grants for State land and water of na11 tional or regional interest under section 14 of the

12 Land and Water Conservation Fund Act of 1965 (as

13 added by section 141 of this Act), reviewing and ap14 proving the State plans required under section 207,

15 and coordinating technical assistance at the request

16 of any State, Indian tribe, or Territory.

17 (2) CONSULTATION.—In making decisions and

18 reviewing State plans, the Stewardship Council shall

19 consult with and seek recommendations from other

20 appropriate Federal agencies.

21 (d) FREQUENCY OF MEETINGS.—The President

22 shall—

23 (1) convene the first meeting of the Steward24 ship Council not later than 30 days after the date

25 of enactment of this Act; and
7

•S 1573 IS

1 (2) convene additional meetings as often as ap2 propriate, but not less often than quarterly, to en3 sure that this Act is fully carried out.

4 (e) PROCEDURES.—

5 (1) QUORUM.—Three members of the Steward6 ship Council shall constitute a quorum.

7 (2) VOTING AND MEETING PROCEDURES.—The

8 Stewardship Council shall establish procedures for

9 voting and the conduct of meetings by the Steward10 ship Council.

11 TITLE I—OPEN SPACE AND

12 HISTORIC PRESERVATION

13 SEC. 101. FINDINGS AND PURPOSES.

14 (a) FINDINGS.—Congress finds that—

15 (1) Congress enacted the land and water con16 servation fund in 1964 and the Historic Preserva17 tion Fund in 1976, and provided that revenues from

18 activities in the outer Continental Shelf would fund

19 each program;

20 (2) however, since 1964, of $21,000,000,000

21 authorized for the land and water conservation fund,

22 only $9,000,000,000 has been appropriated, and

23 since 1977, of $2,776,000,000 authorized for the

24 Historic Preservation Fund, only $845,000,000 has

25 been appropriated;
8

•S 1573 IS

1 (3) prior to dedicating outer Continental Shelf

2 revenues for new programs to benefit the Nation,

3 Congress should dedicate outer Continental Shelf

4 revenues to the original purposes for which those

5 funds were intended;

6 (4) since the establishment of the land and

7 water conservation fund, the fund has been respon8 sible for the preservation of nearly 7,000,000 acres

9 of park land, refuges, and open spaces, and the de10 velopment of more than 37,000 State and local

11 parks and recreation projects;

12 (5) since the establishment of the Historic

13 Preservation Fund, the fund has been responsible

14 for identifying more than 1,000,000 historic sites

15 throughout the United States and certifying 1,145

16 local governments as partners in preserving historic

17 sites;

18 (6) as the loss of open space and the phe19 nomenon of sprawl in rural, suburban, and urban

20 areas of the Nation continues to increase, it is in21 creasingly important to conserve natural, historic,

22 and cultural resources of the Nation;

23 (7) the land and water conservation fund and

24 the Historic Preservation Fund serve valuable pur25 poses to address the needs of the Nation today as
9

•S 1573 IS

1 they did when they were enacted, and they are vital

2 programs to assist State and local governments in

3 their efforts to address those needs;

4 (8) the land and water conservation fund

5 should be augmented to provide a new program to

6 encourage State, local, and private partnerships for

7 conservation of non-Federal land of national and re8 gional significance that will fulfill national conserva9 tion priorities while allowing the land to remain

10 under State and local control; and

11 (9) the purposes of the Urban Park and Recre12 ation Recovery Act of 1978 (16 U.S.C. 2501 et seq.)

13 and payments in lieu of taxes are consonant with

14 those of the land and water conservation fund and

15 the Historic Preservation Fund, and complement

16 those programs.

17 (b) PURPOSES.—The purposes of this title are—

18 (1) to provide a secure source of funding for

19 Federal land acquisition to meet State, local, and

20 urban conservation and recreation needs through the

21 Land and Water Conservation Fund Act of 1965

22 (16 U.S.C. 460l–4 et seq.) and the Urban Park and

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

24 et seq.); and
10

•S 1573 IS

1 (2) to recognize and to preserve the historic

2 places of the United States through the National

3 Historic Preservation Act (16 U.S.C. 470 et seq.).

4 Subtitle A—Land and Water

5 Conservation Fund

6 SEC. 111. SECURE FUNDING FOR THE LAND AND WATER

7 CONSERVATION FUND.

8 Section 3 of the Land and Water Conservation Fund

9 Act of 1965 (16 U.S.C. 460l–6) is amended—

10 (1) by striking ‘‘SEC. 3. APPROPRIATIONS.—

11 Moneys’’ and inserting the following:

12 ‘‘SEC. 3. APPROPRIATIONS.

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

14 (b), moneys’’; and

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

16 ‘‘(b) SPECIAL APPROPRIATION.—

17 ‘‘(1) IN GENERAL.—For each of fiscal years

18 1999 through 2015, from qualified outer Continental

19 Shelf revenues (as defined in section 2 of the Nat20 ural Resources Reinvestment Act of 1999) covered

21 into the fund in the preceding fiscal year, there is

22 appropriated the lesser of—

23 ‘‘(A) $900,000,000; or

24 ‘‘(B) the amount that is equal to 34 per25 cent of the amount of qualified outer Conti-
11

•S 1573 IS

1 nental Shelf revenues covered into the fund

2 during the preceding fiscal year;

3 to remain available until expended.

4 ‘‘(2) PURPOSES.—

5 ‘‘(A) IN GENERAL.—Notwithstanding sec6 tion 5, for each of fiscal years 1999 through

7 2015, funds appropriated by paragraph (1)

8 shall be available for the purposes specified in

9 this paragraph.

10 ‘‘(B) ADMINISTRATIVE EXPENSES.—

11 ‘‘(i) IN GENERAL.—Of the amount

12 made available for a fiscal year by para13 graph (1), the Secretary of the Interior

14 may deduct not more than 2 percent for

15 payment of administrative expenses in16 curred in carrying out this subsection.

17 ‘‘(ii) PERIOD OF AVAILABILITY.—A

18 deduction by the Secretary under clause (i)

19 for a fiscal year shall be available for obli20 gation by the Secretary until September 30

21 of the following fiscal year.

22 ‘‘(iii) DISTRIBUTION OF UNOBLI23 GATED FUNDS.—Not later than 60 days

24 after the end of a fiscal year, the Secretary

25 shall distribute under subparagraphs (C)
12

•S 1573 IS

1 and (D) any unobligated amount of a de2 duction under clause (i) for which the pe3 riod of availability under clause (ii) termi4 nated on September 30 of the fiscal year.

5 ‘‘(C) FEDERAL PURPOSES.—Of the

6 amount made available for a fiscal year by

7 paragraph (1) remaining after the deduction

8 under subparagraph (B)(i), 50 percent shall be

9 available for Federal purposes under section 7.

10 ‘‘(D) STATE PURPOSES.—

11 ‘‘(i) IN GENERAL.—Of the amount

12 made available for a fiscal year by para13 graph (1) remaining after the deduction

14 under subparagraph (B)(i), 50 percent

15 shall be available for providing financial

16 assistance to States under section 6 and

17 for any other State purpose authorized

18 under this Act.

19 ‘‘(ii) DISTRIBUTION.—Amounts made

20 available by clause (i) shall be distributed

21 among States in accordance with section 6.

22 ‘‘(iii) LOCAL GOVERNMENT SHARE.—

23 Not less than 50 percent of the amount

24 provided to a State for each fiscal year

25 under this subparagraph shall be provided
13

•S 1573 IS

1 by the State to local governments to pro2 vide natural areas, open space, park land,

3 or recreational areas.

4 ‘‘(3) ANNUAL BUDGET SUBMISSIONS.—

5 ‘‘(A) IN GENERAL.—In the annual budget

6 submission of the President for the fiscal year

7 concerned, the President shall specify the spe8 cific purposes for which the funds made avail9 able under paragraph (2)(C) are to be used by

10 the Secretary of the Interior and the Secretary

11 of Agriculture.

12 ‘‘(B) USE BY SECRETARIES.—Funds made

13 available for a fiscal year under paragraph

14 (2)(C) shall be used by the Secretary concerned

15 for the purposes specified by the President in

16 the annual budget submission of the President

17 for the fiscal year unless Congress, in the gen18 eral appropriation Acts for the Department of

19 the Interior or the Department of Agriculture

20 for the fiscal year, specifies that any part of the

21 funds is to be used by the Secretary concerned

22 for another purpose.

23 ‘‘(4) PRIORITY LISTS.—

24 ‘‘(A) IN GENERAL.—For the purposes of

25 assisting the President in preparing an annual
14

•S 1573 IS

1 budget submission under paragraph (3), the

2 Secretary of the Interior and the Secretary of

3 Agriculture shall prepare Federal priority lists

4 for the expenditure of funds made available

5 under paragraph (2)(C).

6 ‘‘(B) CONSULTATION.—The priority lists

7 shall be prepared in consultation with the head

8 of the affected bureau or agency, taking into

9 account the best professional judgment regard10 ing the land acquisition priorities and policies of

11 the bureau or agency.

12 ‘‘(C) FACTORS.—In preparing the priority

13 lists, the Secretaries shall consider—

14 ‘‘(i) the potential adverse impacts that

15 might result if a land acquisition is not un16 dertaken;

17 ‘‘(ii) the availability of a land ap18 praisal and other information necessary to

19 complete the acquisition in a timely man20 ner; and

21 ‘‘(iii) such other factors as the Secre22 taries consider appropriate.’’.

23 SEC. 112. FINANCIAL ASSISTANCE TO STATES.

24 (a) ALLOCATION OF AMOUNTS AVAILABLE FOR

25 STATE PURPOSES.—Section 6 of the Land and Water
15

•S 1573 IS

1 Conservation Fund Act of 1965 (16 U.S.C. 460l–8) is

2 amended by striking subsection (b) and inserting the fol3 lowing:

4 ‘‘(b) DISTRIBUTION AMONG STATES.—

5 ‘‘(1) IN GENERAL.—For each fiscal year, the

6 Secretary shall distribute sums made available from

7 the fund for State purposes among the States in ac8 cordance with this subsection. The determination of

9 the distribution by the Secretary shall be final.

10 ‘‘(2) FORMULA.—For each fiscal year, the Sec11 retary shall distribute the sums made available from

12 the fund for State purposes as follows:

13 ‘‘(A) 30 percent shall be distributed equal14 ly among the States.

15 ‘‘(B) 70 percent shall be distributed among

16 the States based on the ratio that—

17 ‘‘(i) the population of each State;

18 bears to

19 ‘‘(ii) the total population of all States.

20 ‘‘(3) MAXIMUM ALLOCATION.—For each fiscal

21 year, the total allocation to any 1 State under para22 graph (2) shall not exceed 10 percent of the total

23 amount allocated to all States under this subsection

24 for the fiscal year.
16

•S 1573 IS

1 ‘‘(4) TREATMENT OF DISTRICT OF COLUMBIA,

2 TERRITORIES, AND INDIAN TRIBES.—

3 ‘‘(A) ALLOCATION.—For the purpose of

4 paragraph (2)(A)—

5 ‘‘(i) the District of Columbia shall be

6 treated as 1 State;

7 ‘‘(ii) Puerto Rico, the Virgin Islands,

8 Guam, and American Samoa—

9 ‘‘(I) shall be treated collectively

10 as 1 State; and

11 ‘‘(II) shall each be allocated an

12 equal share of the amount distributed

13 under subclause (I); and

14 ‘‘(iii) Indian tribes, and Alaska Native

15 villages and Regional or Village Corpora16 tions (as defined or established pursuant to

17 the Alaska Native Claims Settlement Act

18 (43 U.S.C. 1601 et seq.))—

19 ‘‘(I) shall be treated collectively

20 as 1 State; and

21 ‘‘(II) shall be allocated the

22 amount distributed under subclause

23 (I) in a manner determined by the

24 Secretary of the Interior.
17

•S 1573 IS

1 ‘‘(B) OTHER PURPOSES.—Each of the

2 areas referred to in subparagraph (A), and each

3 Indian tribe, shall be treated as a State for all

4 other purposes of this Act.

5 ‘‘(5) AVAILABILITY OF ALLOCATIONS.—

6 ‘‘(A) IN GENERAL.—For each fiscal year—

7 ‘‘(i) the Secretary shall notify each

8 State of the allocation to the State under

9 this subsection; and

10 ‘‘(ii) the allocation shall be available

11 to the State, after the date of notification

12 to the State, for planning, acquisition, or

13 development projects in accordance with

14 this Act.

15 ‘‘(B) PERIOD OF AVAILABILITY.—Any

16 amount of an allocation to a State that is not

17 paid or obligated by the Secretary during the

18 period consisting of the fiscal year in which no19 tification is provided under subparagraph (A)

20 and the 2 fiscal years thereafter shall be redis21 tributed by the Secretary in accordance with

22 this subsection, without regard to paragraph

23 (3).’’.

24 (b) STATE PLAN.—Section 6 of the Land and Water

25 Conservation Fund Act of 1965 (16 U.S.C. 460l–8) is
18

•S 1573 IS

1 amended by striking subsection (d) and inserting the fol2 lowing:

3 ‘‘(d) STATE PLAN.—

4 ‘‘(1) REQUIREMENT.—

5 ‘‘(A) IN GENERAL.—To be eligible for fi6 nancial assistance for acquisition or develop7 ment projects under this Act, a State, in con8 sultation with local subdivisions, nonprofit and

9 private organizations, and interested citizens,

10 shall prepare and submit to the Secretary a

11 State plan that meets the requirements of this

12 paragraph.

13 ‘‘(B) SUITABLE PLAN.—To meet the re14 quirement for a plan under subparagraph (A),

15 a State may use, in accordance with criteria de16 veloped by the Secretary, a comprehensive

17 statewide outdoor recreation plan, a State

18 recreation plan, or a State action agenda, if—

19 ‘‘(i) in the judgment of the Secretary,

20 the plan or agenda encompasses and fur21 thers the purposes of this Act; and

22 ‘‘(ii) the Governor of the State cer23 tifies that the plan or agenda was devel24 oped (and revised, if applicable) with

25 ample opportunity for public participation.
19

•S 1573 IS

1 ‘‘(C) CRITERIA FOR PUBLIC PARTICIPA2 TION.—In consultation with appropriate per3 sons and entities, the Secretary shall develop

4 criteria for public participation which shall con5 stitute the basis for certification by the Gov6 ernor under subparagraph (B)(ii).

7 ‘‘(D) REQUIRED ELEMENTS.—A State

8 plan under subparagraph (A) shall contain—

9 ‘‘(i) the name of the State agency that

10 has the authority to represent and act for

11 the State in dealing with the Secretary for

12 the purposes of this Act;

13 ‘‘(ii) an evaluation of the demand for

14 and supply of outdoor conservation, recre15 ation, and open space resources in the

16 State;

17 ‘‘(iii) a program for the implementa18 tion of the plan; and

19 ‘‘(iv) such other information as the

20 Secretary determines to be necessary.

21 ‘‘(E) CONSIDERATION OF OTHER RE22 SOURCES, PROGRAMS, AND PLANS.—A State

23 plan under subparagraph (A) shall—

24 ‘‘(i) take into account relevant Fed25 eral resources and programs; and
20

•S 1573 IS

1 ‘‘(ii) be coordinated to the maximum

2 extent practicable with other State, re3 gional, and local plans.

4 ‘‘(2) FINANCIAL ASSISTANCE FOR PREPARATION

5 OR MAINTENANCE OF STATE PLAN.—The Secretary

6 may provide financial assistance to a State for—

7 ‘‘(A) the development of a State plan

8 under paragraph (1) if the State does not have

9 a State plan; or

10 ‘‘(B) the maintenance of a State plan.’’.

11 (c) PROJECTS FOR LAND AND WATER ACQUISI12 TION.—Section 6(e)(1) of the Land and Water Conserva13 tion Fund Act of 1965 (16 U.S.C. 460l–8(e)(1)) is amend14 ed in the first paragraph by striking ‘‘, but not including

15 incidental costs relating to acquisition’’.

16 (d) CONVERSION TO OTHER THAN PUBLIC OUTDOOR

17 RECREATION USES.—Section 6(f) of the Land and Water

18 Conservation Fund Act of 1965 (16 U.S.C. 460l–8(f)) is

19 amended by striking paragraph (3) and inserting the fol20 lowing:

21 ‘‘(3) CONVERSION TO OTHER THAN PUBLIC

22 OUTDOOR RECREATION USES.—

23 ‘‘(A) IN GENERAL.—No property acquired

24 or developed with assistance under this section

25 shall, without the approval of the Secretary, be
21

•S 1573 IS

1 converted to other than public outdoor recre2 ation uses.

3 ‘‘(B) APPROVAL OF CONVERSION.—

4 ‘‘(i) IN GENERAL.—Except as pro5 vided in clause (ii), the Secretary shall ap6 prove the conversion of property under this

7 paragraph only if the State demonstrates

8 that no prudent or feasible alternative ex9 ists to the conversion of the property.

10 ‘‘(ii) EXCEPTIONS.—Clause (i) does

11 not apply to a property that—

12 ‘‘(I) is no longer viable for use

13 for an outdoor conservation or recre14 ation facility because of a change in

15 demographic conditions; or

16 ‘‘(II) must be abandoned because

17 of environmental contamination that

18 endangers public health or safety.

19 ‘‘(C) SUBSTITUTION OF OTHER CONSERVA20 TION OR RECREATION PROPERTY.—

21 ‘‘(i) IN GENERAL.—Subject to clause

22 (ii), any conversion of property under this

23 paragraph shall satisfy any conditions that

24 the Secretary determines to be necessary

25 to ensure the substitution of other con-
22

•S 1573 IS

1 servation or recreation property of at least

2 equal market value and reasonably equiva3 lent usefulness and location, in a manner

4 consistent with the State plan required

5 under subsection (d).

6 ‘‘(ii) WETLAND.—Wetland and inter7 ests in wetland that are identified in a

8 State plan and proposed to be acquired as

9 suitable replacement property within the

10 State and that are otherwise acceptable to

11 the Secretary shall be considered to be of

12 reasonably equivalent usefulness to the

13 property proposed for conversion.’’.

14 (e) CONFORMING AMENDMENTS.—

15 (1) Section 6(e) of the Land and Water Con16 servation Fund Act of 1965 (16 U.S.C. 460l–8(e))

17 is amended—

18 (A) in the matter preceding paragraph (1),

19 by striking ‘‘State comprehensive plan’’ and in20 serting ‘‘State plan’’; and

21 (B) in paragraph (1), by striking ‘‘, or

22 wetland areas and interests therein as identified

23 in the wetlands provisions of the comprehensive

24 plan’’.
23

•S 1573 IS

1 (2) Section 32(e) of the Bankhead-Jones Farm

2 Tenant Act (7 U.S.C. 1011(e)) is amended in the

3 last proviso of the first paragraph by striking ‘‘exist4 ing comprehensive statewide outdoor recreation plan

5 found adequate for purposes of the Land and Water

6 Conservation Fund Act of 1965 (78 Stat. 897)’’ and

7 inserting ‘‘State plan required by section 6 of the

8 Land and Water Conservation Fund Act of 1965

9 (16 U.S.C. 460l–8)’’.

10 (3) Section 102(a)(2) of the National Historic

11 Preservation Act (16 U.S.C. 470b(a)(2)) is amended

12 by striking ‘‘comprehensive statewide outdoor recre13 ation plan prepared pursuant to the Land and

14 Water Conservation Fund Act of 1965 (78 Stat.

15 897)’’ and inserting ‘‘State plan required by section

16 6 of the Land and Water Conservation Fund Act of

17 1965 (16 U.S.C. 460l–8)’’.

18 (4) Section 8(a) of the National Trails System

19 Act (16 U.S.C. 1247(a)) is amended in the first

20 sentence—

21 (A) by striking ‘‘comprehensive statewide

22 outdoor recreation plans’’ and inserting ‘‘State

23 plans’’; and

24 (B) by inserting ‘‘of 1965 (16 U.S.C.

25 460l–4 et seq.)’’ after ‘‘Fund Act’’.
24

•S 1573 IS

1 (5) Section 11(a)(2) of the National Trails Sys2 tem Act (16 U.S.C. 1250(a)(2)) is amended by

3 striking ‘‘(relating to the development of Statewide

4 Comprehensive Outdoor Recreation Plans)’’ and in5 serting ‘‘(16 U.S.C. 460l–8) (relating to the develop6 ment of State plans)’’.

7 (6) Section 11 of the Wild and Scenic Rivers

8 Act (16 U.S.C. 1282) is amended—

9 (A) in subsection (a)—

10 (i) by striking ‘‘comprehensive state11 wide outdoor recreation plans’’ and insert12 ing ‘‘State plans’’; and

13 (ii) by striking ‘‘(78 Stat. 897)’’ and

14 inserting ‘‘(16 U.S.C. 460l–4 et seq.)’’;

15 and

16 (B) in subsection (b)(2)(B), by striking

17 ‘‘(relating to the development of statewide com18 prehensive outdoor recreation plans)’’ and in19 serting ‘‘(16 U.S.C. 460l–8) (relating to the de20 velopment of State plans)’’.

21 (7) Section 206(d) of title 23, United States

22 Code, is amended—

23 (A) in paragraph (1)(B), by striking

24 ‘‘statewide comprehensive outdoor recreation

25 plan required by the Land and Water Conserva-
25

•S 1573 IS

1 tion Fund Act of 1965 (16 U.S.C. 460l–4 et

2 seq.)’’ and inserting ‘‘State plan required by

3 section 6 of the Land and Water Conservation

4 Fund Act of 1965 (16 U.S.C. 460l–8)’’; and

5 (B) in paragraph (2)(D)(ii), by striking

6 ‘‘statewide comprehensive outdoor recreation

7 plan that is required by the Land and Water

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

9 460l–4 et seq.)’’ and inserting ‘‘State plan that

10 is required by section 6 of the Land and Water

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

12 460l–8)’’.

13 (8) Section 202(c)(9) of the Federal Land Pol14 icy and Management Act of 1976 (43 U.S.C.

15 1712(c)(9)) is amended by striking ‘‘statewide out16 door recreation plans developed under the Act of

17 September 3, 1964 (78 Stat. 897), as amended’’ and

18 inserting ‘‘State plans required by section 6 of the

19 Land and Water Conservation Fund Act of 1965

20 (16 U.S.C. 460l–8)’’.

21 Subtitle B—Urban Park and

22 Recreation Recovery

23 SEC. 121. URBAN PARK AND RECREATION RECOVERY.

24 (a) AUTHORITY TO DEVELOP NEW AREAS AND FA25 CILITIES.—Section 1003 of the Urban Park and Recre-
26

•S 1573 IS

1 ation Recovery Act of 1978 (16 U.S.C. 2502) is amended

2 in the first sentence by striking areas, facilities,’’ and in3 serting ‘‘areas and facilities, development of new recre4 ation areas and facilities (including acquisition of land for

5 such development),’’.

6 (b) DEFINITIONS.—Section 1004 of the Urban Park

7 and Recreation Recovery Act of 1978 (16 U.S.C. 2503)

8 is amended—

9 (1) in subsection (j)—

10 (A) by striking ‘‘Governor;’’ and inserting

11 ‘‘Governor, the District of Columbia,’’; and

12 (B) by striking ‘‘and’’ at the end of the

13 subsection;

14 (2) in subsection (k), by striking the period at

15 the end and inserting a semicolon; and

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

17 ‘‘(l) ‘acquisition grants’ means matching capital

18 grants to general purpose local governments and special

19 purpose local governments to cover the direct and inci20 dental costs of purchasing new park land to be perma21 nently dedicated and made accessible for public conserva22 tion and recreation; and

23 ‘‘(m) ‘development grants’ means matching capital

24 grants to general purpose local governments and special

25 purpose local governments to cover the costs of developing
27

•S 1573 IS

1 and constructing existing or new neighborhood recreation

2 sites, including indoor and outdoor recreation facilities,

3 support facilities, and landscaping, but excluding routine

4 maintenance and upkeep activities.’’.

5 (c) FEDERAL ASSISTANCE GRANTS.—Section 1005

6 of the Urban Park and Recreation Recovery Act of 1978

7 (16 U.S.C. 2504) is amended by striking subsection (a)

8 and inserting the following:

9 ‘‘(a) ELIGIBILITY.—

10 ‘‘(1) IN GENERAL.—Eligibility of general pur11 pose local governments to compete for assistance

12 under this title shall be based on need, as deter13 mined by the Secretary.

14 ‘‘(2) ELIGIBLE GOVERNMENTS.—General pur15 pose local governments that are eligible to compete

16 for assistance under this title include—

17 ‘‘(A) a political subdivision included in a

18 consolidated metropolitan statistical area, pri19 mary metropolitan statistical area, or metropoli20 tan statistical area, as those terms are used in

21 the most recent census;

22 ‘‘(B) any other city or town within an area

23 referred to in subparagraph (A) with a total

24 population of 50,000 individuals or more in the

25 1970 or any subsequent census; and
28

•S 1573 IS

1 ‘‘(C) any other political subdivision, coun2 ty, parish, or township with a total population

3 of 250,000 individuals or more in the 1970 or

4 any subsequent census.’’.

5 (d) REHABILITATION AND INNOVATION GRANTS.—

6 Section 1006(a) of the Urban Park and Recreation Recov7 ery Act of 1978 (16 U.S.C. 2505(a)) is amended—

8 (1) in the matter preceding paragraph (1), by

9 striking ‘‘rehabilitation and innovative grants di10 rectly’’ and inserting ‘‘rehabilitation grants, innova11 tion grants, development grants, or acquisition

12 grants’’;

13 (2) in paragraph (1)—

14 (A) by striking ‘‘rehabilitation and innova15 tion grants’’ and inserting ‘‘rehabilitation

16 grants, innovation grants, development grants,

17 and acquisition grants’’; and

18 (B) by striking ‘‘authorities: Provided,’’

19 and all that follows through ‘‘eligible applicant’’

20 and inserting ‘‘authorities, except that the

21 grantee of a grant under this section shall pro22 vide assurances to the Secretary that the grant23 ee will maintain public conservation and recre24 ation opportunities at assisted areas and facili-
29

•S 1573 IS

1 ties owned or managed by the grantee in ac2 cordance with section 1010’’; and

3 (3) in paragraph (2)—

4 (A) in the first sentence, by striking ‘‘reha5 bilitation or innovative projects’’ and inserting

6 ‘‘projects eligible for rehabilitation grants, inno7 vation grants, development grants, or acquisi8 tion grants’’; and

9 (B) in the second sentence, by striking ‘‘,

10 except’’ and all that follows and inserting ‘‘and

11 on a reimbursable basis.’’.

12 (e) RECOVERY ACTION PROGRAMS.—Section 1007(a)

13 of the Urban Park and Recreation Recovery Act of 1978

14 (16 U.S.C. 2506(a)) is amended—

15 (1) in the first sentence, by inserting ‘‘develop16 ment,’’ after ‘‘commitments to ongoing planning,’’;

17 and

18 (2) in paragraph (2), by inserting ‘‘development

19 and’’ after ‘‘adequate planning for’’.

20 (f) STATE ACTION INCENTIVES.—Section 1008 of the

21 Urban Park and Recreation Recovery Act of 1978 (16

22 U.S.C. 2507) is amended—

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

24 the first sentence; and
30

•S 1573 IS

1 (2) by striking the last sentence of subsection

2 (a) (as designated by paragraph (1)) and inserting

3 the following:

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

6 ‘‘(1) PREPARATION OF PROGRAMS AND

7 PLANS.—The Secretary and general purpose local

8 governments are encouraged to coordinate prepara9 tion of recovery action programs required by section

10 1007 with development of State plans required

11 under section 6 of the Land and Water Conservation

12 Fund Act of 1965 (16 U.S.C. 460l–8), including by

13 allowing flexibility in preparation of recovery action

14 programs so that the programs may be used to meet

15 State and local requirements for receipt by local gov16 ernments of—

17 ‘‘(A) funds provided as grants from the

18 land and water conservation fund; or

19 ‘‘(B) State grants for similar purposes or

20 for other conservation or recreation purposes.

21 ‘‘(2) CONSIDERATION OF FINDINGS, PRIOR22 ITIES, STRATEGIES, AND SCHEDULES.—The Sec23 retary shall encourage States to consider the find24 ings, priorities, strategies, and schedules included in

25 the recovery action programs of urban local govern-
31

•S 1573 IS

1 ments in the development and revision of State plans

2 in accordance with the public participation and co3 ordination requirements of section 6(d) of the Land

4 and Water Conservation Fund Act of 1965 (16

5 U.S.C. 460l–8(d)).’’.

6 (g) CONVERSION OF RECREATION PROPERTY.—The

7 Urban Park and Recreation Recovery Act of 1978 is

8 amended by striking section 1010 (16 U.S.C. 2509) and

9 inserting the following:

10 ‘‘SEC. 1010. CONVERSION OF RECREATION PROPERTY.

11 ‘‘(a) IN GENERAL.—No property acquired, improved,

12 or developed under this title shall, without the approval

13 of the Secretary, be converted to other than public recre14 ation uses.

15 ‘‘(b) APPROVAL OF CONVERSION.—

16 ‘‘(1) IN GENERAL.—Except as provided in para17 graph (2), the Secretary shall approve the conver18 sion of property under this section only if the grant19 ee demonstrates that no prudent or feasible alter20 native exists to the conversion of the property.

21 ‘‘(2) EXCEPTIONS.—Paragraph (1) does not

22 apply to a property that—

23 ‘‘(A) is no longer a viable recreation facil24 ity due to a change in demographic conditions;

25 or
32

•S 1573 IS

1 ‘‘(B) must be abandoned because of envi2 ronmental contamination that endangers public

3 health or safety.

4 ‘‘(c) SUBSTITUTION OF OTHER CONSERVATION OR

5 RECREATION PROPERTY.—Any conversion of property

6 under this section shall satisfy any conditions that the

7 Secretary determines to be necessary to ensure the substi8 tution of other conservation or recreation property of at

9 least equal market value and reasonably equivalent useful10 ness and location, in a manner consistent with the 5-year

11 action program for park and recreation recovery required

12 under section 1007(a).’’.

13 (h) FUNDING.—Section 1013 of the Urban Park and

14 Recreation Recovery Act of 1978 (16 U.S.C. 2512) is

15 amended—

16 (1) by striking the section heading and all that

17 follows through ‘‘There are hereby’’ and inserting

18 the following:

19 ‘‘SEC. 1013. FUNDING.

20 ‘‘(a) AUTHORIZATION OF APPROPRIATIONS.—There

21 are’’; and

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

23 ‘‘(c) SPECIAL APPROPRIATION.—For each of fiscal

24 years 1999 through 2015, from revenues due and payable

25 to the United States as qualified outer Continental Shelf
33

•S 1573 IS

1 revenues (as defined in section 2 of the Natural Resources

2 Reinvestment Act of 1999), there is appropriated, for the

3 purpose of making grants to local governments under this

4 Act, the lesser of—

5 ‘‘(1) $100,000,000; or

6 ‘‘(2) the amount that is equal to 4 percent of

7 those revenues;

8 to remain available until expended.

9 (i) LIMITATION ON USE OF FUNDS.—Section 1014

10 of the Urban Park and Recreation Recovery Act of 1978

11 (16 U.S.C. 2513) is repealed.

12 Subtitle C—Historic Preservation

13 SEC. 131. HISTORIC PRESERVATION FUND.

14 Section 108 of the National Historic Preservation Act

15 (16 U.S.C. 470h) is amended—

16 (1) by striking ‘‘SEC. 108. To’’ and inserting

17 the following:

18 ‘‘SEC. 108. HISTORIC PRESERVATION FUND.

19 ‘‘(a) ESTABLISHMENT.—To’’;

20 (2) in subsection (a) (as designated by para21 graph (1)), by striking ‘‘There shall be covered into

22 such fund’’ and all that follows through ‘‘(43 U.S.C.

23 338),’’ and inserting ‘‘There shall be deposited in

24 the fund for each fiscal year after fiscal year 1999,

25 from revenues due and payable to the United States
34

•S 1573 IS

1 as qualified outer Continental Shelf revenues (as de2 fined in section 2 of the Natural Resources Reinvest3 ment Act of 1999), the lesser of $150,000,000 or

4 the amount that is equal to 5 percent of those reve5 nues.’’;

6 (3) by striking the third sentence of subsection

7 (a) (as so designated by paragraph (1)) and all that

8 follows through the end of the subsection and insert9 ing ‘‘Such moneys shall be used only to carry out

10 this Act.’’; and

11 (4) by adding at the end the following:

12 ‘‘(b) AVAILABILITY.—Of amounts in the fund, up to

13 $150,000,000 shall be available fiscal year 2000 and each

14 fiscal year thereafter, for obligation or expenditure with15 out further Act of appropriation to carry out this Act, and

16 shall remain available until expended.

17 ‘‘(c) INVESTMENT.—The Secretary of the Treasury

18 shall invest moneys in the fund that are excess to expendi19 tures in public debt securities with maturities suitable to

20 the needs of the fund, as determined by the Secretary of

21 the Treasury, and bearing interest at rates determined by

22 the Secretary of the Treasury, taking into consideration

23 current market yields on outstanding marketable obliga24 tions of the United States of comparable maturity. Inter-
35

•S 1573 IS

1 est earned on such investments shall be deposited in the

2 fund.’’.

3 Subtitle D—State Land and Water

4 of National or Regional Interest

5 SEC. 141. STATE LAND AND WATER OF NATIONAL OR RE6 GIONAL INTEREST.

7 Title I of the Land and Water Conservation Fund

8 Act of 1965 (16 U.S.C. 460l–4 et seq.) is amended by

9 adding at the end the following:

10 ‘‘SEC. 14. STATE LAND AND WATER OF NATIONAL OR RE11 GIONAL INTEREST.

12 ‘‘(a) DEFINITIONS.—In this section:

13 ‘‘(1) ACCOUNT.—The term ‘account’ means the

14 special account for conservation of State land and

15 water of national or regional interest established

16 under subsection (b).

17 ‘‘(2) COUNCIL.—The term ‘Council’ means the

18 Stewardship Council established by section 3 of the

19 Natural Resources Reinvestment Act of 1999.

20 ‘‘(3) STATE LAND AND WATER OF NATIONAL OR

21 REGIONAL INTEREST.—The term ‘State land and

22 water of national or regional interest’ means land or

23 water located in a State that is—

24 ‘‘(A) determined by the State to be of clear

25 national or regional significance based on the
36

•S 1573 IS

1 ecological, aesthetic, recreational, and cultural

2 value of the land or water; and

3 ‘‘(B) not owned by the Federal Govern4 ment (including any unit of the National Park

5 System, National Forest System, National

6 Wildlife Refuge System, or National Wilderness

7 System).

8 ‘‘(b) STATE LAND AND WATER OF NATIONAL OR RE9 GIONAL INTEREST ACCOUNT.—

10 ‘‘(1) IN GENERAL.—There is established in the

11 fund a special account to provide grants to States

12 for the conservation of State land and water of na13 tional or regional interest.

14 ‘‘(2) ALLOCATION.—Notwithstanding section 5,

15 there shall be credited annually to the account, from

16 qualified outer Continental Shelf revenues (as de17 fined in section 2 of the Natural Resources Reinvest18 ment Act of 1999), the lesser of $200,000,000 or

19 the amount that is equal to 7 percent of those reve20 nues.

21 ‘‘(c) GRANTS TO STATES.—

22 ‘‘(1) IN GENERAL.—A State may submit an ap23 plication (including a detailed description of each

24 proposed conservation project) to the Secretary for
37

•S 1573 IS

1 a grant to fund the conservation of State land and

2 water of national or regional interest.

3 ‘‘(2) FORWARDING OF APPLICATIONS.—On re4 ceipt of an application for a grant described in para5 graph (1), the Secretary shall forward the applica6 tion to the Council.

7 ‘‘(3) SELECTION OF GRANT RECIPIENTS.—

8 ‘‘(A) IN GENERAL.—Not later than 90

9 days after receipt from the Secretary of an ap10 plication described in paragraph (1), the Coun11 cil shall—

12 ‘‘(i) review the application;

13 ‘‘(ii) decide whether to recommend

14 that a grant to fund the conservation of

15 State land and water of national or re16 gional interest be awarded to the State

17 making the application; and

18 ‘‘(iii) notify the State of the decision

19 of the Council.

20 ‘‘(B) SELECTION FACTORS.—In deciding

21 whether to recommend the award of a grant

22 under subparagraph (A), the Council shall—

23 ‘‘(i) consider, on a competitive basis

24 as compared with other applications re25 ceived, the extent to which a proposed con-
38

•S 1573 IS

1 servation project described in a grant ap2 plication would conserve ecological, aes3 thetic, recreational, and cultural values of

4 the State land and water of national or re5 gional interest; and

6 ‘‘(ii) give preference to—

7 ‘‘(I) proposed conservation

8 projects that are aimed at protecting

9 ecosystems; and

10 ‘‘(II) proposed conservation

11 projects that are developed in collabo12 ration with private persons or other

13 States.

14 ‘‘(4) MATCHING REQUIREMENTS.—A grant

15 awarded to a State under this subsection shall

16 cover—

17 ‘‘(A) not more than 70 percent of the costs

18 of a conservation project undertaken by the

19 State, in the case of full fee acquisition by the

20 State of State land and water of national or re21 gional interest; and

22 ‘‘(B) not more than 50 percent of the costs

23 of a conservation project undertaken by the

24 State, in the case of acquisition of State land

25 and water of national or regional interest by the
39

•S 1573 IS

1 State that is less than fee acquisition, such as

2 acquisition of a conservation easement.

3 ‘‘(5) REPORT.—At least 90 days before award4 ing a grant to a State under this section, the Coun5 cil shall submit a report describing the proposed

6 grant to—

7 ‘‘(A) the Subcommittee on Interior of the

8 Committee on Appropriations of the Senate;

9 and

10 ‘‘(B) the Subcommittee on Interior of the

11 Committee on Appropriations of the House of

12 Representatives.’’.

13 Subtitle E—Payments for Federal

14 Ownership

15 SEC. 151. AUTHORIZATION OF APPROPRIATIONS FOR PAY16 MENTS FOR ENTITLEMENT LAND AND THE

17 REFUGE REVENUE SHARING FUND.

18 (a) ENTITLEMENT LAND.—There is authorized to be

19 appropriated for payments to units of general local govern20 ment under chapter 69 of title 31, United States Code,

21 for entitlement land acquired after the date of enactment

22 of this Act, $50,000,000.

23 (b) REFUGE REVENUE SHARING FUND.—There is

24 authorized to be appropriated for payments required

25 under the Act of June 15, 1935 (16 U.S.C. 715s), for
40

•S 1573 IS

1 refuge land acquired after the date of enactment of this

2 Act, $25,000,000.

3 TITLE II—STATE CONSERVATION

4 ASSISTANCE

5 SEC. 201. SHORT TITLE.

6 This title may be cited as the ‘‘State Conservation

7 Assistance Grants Act of 1999’’.

8 SEC. 202. FINDINGS AND PURPOSE.

9 (a) FINDINGS.—Congress finds that—

10 (1) the outer Continental Shelf contains oil,

11 gas, and other nonrenewable resources owned by the

12 public that are developed by the Federal Govern13 ment and generate significant revenues for the

14 United States;

15 (2) historically, the development of those min16 eral resources has been accompanied by adverse en17 vironmental impacts on the States adjacent to the

18 outer Continental Shelf in which development has

19 occurred;

20 (3) consistent with the commitment to devote

21 revenues from offshore oil and gas leases to resource

22 protection through the Land and Water Conserva23 tion Fund Act of 1965 (16 U.S.C. 460l–4 et seq.),

24 a portion of revenues derived from the development

25 of mineral resources of the outer Continental Shelf
41

•S 1573 IS

1 should be reinvested in the United States through

2 conservation of environmental and other public re3 sources, including open and green spaces, habitat for

4 fish and wildlife, wetland, historic sites, parks and

5 other outdoor recreation areas, clean air, and clean

6 water;

7 (4) the need to reinvest in the public resources

8 described in paragraph (3) has increased signifi9 cantly, because the United States has experienced

10 unprecedented prosperity, growth, and development

11 that have intensified stress on the natural environ12 ment;

13 (5) in recent years, numerous State and local

14 governments, as well as citizens throughout the

15 United States, have initiated efforts to conserve,

16 protect, and restore those resources; and

17 (6) the priority for carrying out measures to

18 protect and conserve the public resources described

19 in paragraph (3) should be determined—

20 (A) at the State and local levels, by indi21 viduals who have the greatest interest in en22 hancing the quality of life in their communities;

23 and
42

•S 1573 IS

1 (B) in cooperation with the Federal Gov2 ernment, which has an interest in protecting

3 the resources of the United States.

4 (b) PURPOSE.—The purpose of this title is to estab5 lish a program to provide a reliable source of Federal

6 funding for States to carry out activities to conserve, pro7 tect, and restore the natural resources of the United

8 States, including water and air quality, fish and wildlife

9 habitat, marine, estuarine, and coastal ecosystems, wet10 land, farmland, forest land, and parks and other places

11 of outdoor recreation.

12 SEC. 203. DEFINITIONS.

13 In this title:

14 (1) COASTLINE.—The term ‘‘coastline’’ has

15 meaning given the term ‘‘coast line’’ in section 2 of

16 the Submerged Lands Act (43 U.S.C. 1301).

17 (2) DISTANCE.—The term ‘‘distance’’ means

18 minimum great circle distance, measured in statute

19 miles.

20 (3) ELIGIBLE APPLICANT.—The term ‘‘eligible

21 applicant’’ means a State, a municipality (including

22 a subdivision of a State or municipality), or an

23 interstate agency.

24 (4) ESTIMATED POPULATION.—The term ‘‘esti25 mated population’’ means the population determined
43

•S 1573 IS

1 by the Secretary of Commerce on the basis of the

2 most recent decennial census for which information

3 is available.

4 (5) FUND.—The term ‘‘Fund’’ means the Envi5 ronmental Stewardship Fund established by section

6 204.

7 (6) GOVERNOR.—The term ‘‘Governor’’ means

8 the chief executive officer of a State.

9 (7) INDIAN TRIBE.—The term ‘‘Indian tribe’’

10 has the meaning given the term in section 102 of the

11 Federally Recognized Indian Tribe List Act of 1994

12 (25 U.S.C. 479a).

13 (8) POPULATION DENSITY.—The term ‘‘popu14 lation density’’, with respect to a State, means the

15 quotient obtained by dividing the estimated popu16 lation of the State by the geographic area of the

17 State.

18 (9) STATE.—The term ‘‘State’’ means—

19 (A) any of the 50 States, the Territories,

20 and the District of Columbia; and

21 (B)(i) when used in a political sense, the

22 tribal government of an Indian tribe; and

23 (ii) when used in a geographic sense, the

24 land under the jurisdiction of the tribal govern25 ment of an Indian tribe.
44

•S 1573 IS

1 (10) TERRITORY.—The term ‘‘Territory’’

2 means Puerto Rico, Guam, American Samoa, the

3 Virgin Islands, and the Commonwealth of the North4 ern Mariana Islands.

5 SEC. 204. ENVIRONMENTAL STEWARDSHIP FUND.

6 (a) ESTABLISHMENT.—There is established in the

7 Treasury of the United States a fund to be known as the

8 ‘‘Environmental Stewardship Fund’, to be used in car9 rying out this title, consisting of—

10 (1) such amounts as are deposited in the Fund

11 under subsection (b); and

12 (2) any interest earned on investment of

13 amounts in the Fund under subsection (c).

14 (b) TRANSFERS TO FUND.—Notwithstanding section

15 9 of the Outer Continental Shelf Lands Act (43 U.S.C.

16 1338), for each fiscal year, there shall be deposited in the

17 Fund from qualified outer Continental Shelf revenues the

18 lesser of $900,000,000 or the amount that is equal to 34

19 percent of the amount of those revenues.

20 (c) EXPENDITURES FROM FUND.—On request by the

21 Stewardship Council, and without further Act of appro22 priation, the Secretary of the Treasury shall transfer from

23 the Fund to the Stewardship Council such amounts as the

24 Stewardship Council determines are necessary to carry out

25 this title.
45

•S 1573 IS

1 (d) INVESTMENT OF AMOUNTS.—

2 (1) IN GENERAL.—The Secretary of the Treas3 ury shall invest such portion of the Fund as is not,

4 in the judgment of the Secretary of the Treasury,

5 required to meet current withdrawals. Investments

6 may be made only in interest-bearing obligations of

7 the United States.

8 (2) ACQUISITION OF OBLIGATIONS.—For the

9 purpose of investments under paragraph (1), obliga10 tions may be acquired—

11 (A) on original issue at the issue price; or

12 (B) by purchase of outstanding obligations

13 at the market price.

14 (3) SALE OF OBLIGATIONS.—Any obligation ac15 quired by the Fund may be sold by the Secretary of

16 the Treasury at the market price.

17 (4) CREDITS TO FUND.—The interest on, and

18 the proceeds from the sale or redemption of, any ob19 ligations held in the Fund shall be credited to and

20 form a part of the Fund.

21 (e) TRANSFERS OF AMOUNTS.—

22 (1) IN GENERAL.—The amounts required to be

23 transferred to the Fund under this section shall be

24 transferred at least monthly from the general fund
46

•S 1573 IS

1 of the Treasury to the Fund on the basis of esti2 mates made by the Secretary of the Treasury.

3 (2) ADJUSTMENTS.—Proper adjustment shall

4 be made in amounts subsequently transferred to the

5 extent prior estimates were in excess of or less than

6 the amounts required to be transferred.

7 SEC. 205. APPORTIONMENT OF FUND RECEIPTS TO STATES.

8 (a) ADMINISTRATIVE EXPENSES.—For each fiscal

9 year, without further Act of appropriation, the Steward10 ship Council may use, for payment of administrative ex11 penses incurred in carrying out this title, not more than

12 2 percent of the sums deposited in the Fund for the pre13 ceding fiscal year.

14 (b) AVAILABLE AMOUNT.—For each fiscal year, with15 out further Act of appropriation, the Secretary of the

16 Treasury shall distribute in accordance with this section

17 an amount equal to the sum of—

18 (1) the amount of the sums deposited in the

19 Fund for the preceding fiscal year remaining after

20 the use authorized under subsection (a); and

21 (2) the interest earned on investment of those

22 sums under section 204(d) for the preceding fiscal

23 year.

24 (c) APPORTIONMENT.—
47

•S 1573 IS

1 (1) APPORTIONMENT TO HISTORICALLY OIL

2 AND GAS PRODUCTIVE COASTAL STATES.—

3 (A) IN GENERAL.—For each fiscal year,

4 the Stewardship Council shall apportion from

5 the amount available under subsection (b) the

6 amount specified in subparagraph (B) for the

7 fiscal year to coastal States any portion of the

8 coastline of which is located within a distance

9 of 200 miles of the geographic center of a

10 leased tract that was leased at any time during

11 the period of 1953 through 1997, and produced

12 oil or gas during that period, based on the ratio

13 that—

14 (i) the revenues received during that

15 period from the leased tracts the geo16 graphic centers of which are located within

17 a distance of 200 miles of any portion of

18 the coastline of the coastal State; bears to

19 (ii) the total of the revenues described

20 in clause (i) with respect to all such coastal

21 States.

22 (B) AMOUNTS.—The amount specified in

23 this subparagraph is—

24 (i) for fiscal year 2000, $100,000,000;

25 (ii) for fiscal year 2001, $80,000,000;
48

•S 1573 IS

1 (iii) for fiscal year 2002, $60,000,000;

2 (iv) for fiscal year 2003, $40,000,000;

3 (v) for fiscal year 2004, $20,000,000;

4 and

5 (vi) for fiscal year 2005 and each fis6 cal year thereafter, $10,000,000.

7 (2) APPORTIONMENT TO INDIAN TRIBES, DIS8 TRICT OF COLUMBIA, AND TERRITORIES.—

9 (A) APPORTIONMENT TO INDIAN

10 TRIBES.—For each fiscal year, 0.5 percent of

11 the portion of the amount available under sub12 section (b) remaining after the apportionments

13 under paragraph (1) shall be apportioned to the

14 Indian tribes collectively, to be distributed by

15 the Secretary.

16 (B) APPORTIONMENT TO THE DISTRICT OF

17 COLUMBIA AND TERRITORIES.—For each fiscal

18 year, 0.5 percent of the portion of the amount

19 available under subsection (b) remaining after

20 the apportionments under paragraph (1) shall

21 be apportioned to the District of Columbia and

22 the Territories collectively, to be distributed in

23 equal amounts among the District of Columbia

24 and each of the Territories.

25 (3) APPORTIONMENT TO OTHER STATES.—
49

•S 1573 IS

1 (A) IN GENERAL.—For each fiscal year,

2 the portion of the amount available under sub3 section (b) remaining after the apportionments

4 under paragraphs (1) and (2) shall be appor5 tioned to the States not receiving an apportion6 ment under paragraph (2) as follows:

7 (i) 25 percent in the ratio that the

8 miles of coastline in each such State bears

9 to the total miles of coastline in all such

10 States.

11 (ii) 25 percent in the ratio that the

12 geographic area of each such State bears

13 to the total geographic area of all such

14 States.

15 (iii) 35 percent in the ratio that the

16 estimated population of each such State

17 bears to the total estimated population of

18 all such States.

19 (iv) 15 percent in the ratio that the

20 population density of each such State

21 bears to the sum of the population den22 sities of all such States.

23 (B) MINIMUM AND MAXIMUM APPORTION24 MENTS.—For each fiscal year, the amounts ap25 portioned under this paragraph shall be ad-
50

•S 1573 IS

1 justed proportionately so that no State receiv2 ing an apportionment under subparagraph (A)

3 is apportioned a sum that is—

4 (i) less than 0.5 percent of the portion

5 of the amount available under subsection

6 (b) remaining after the apportionments

7 under paragraph (1) for the fiscal year; or

8 (ii) more than 5 percent of that

9 amount.

10 (d) PERIOD FOR OBLIGATION OF APPORTION11 MENTS.—If the Secretary of the Treasury determines that

12 any portion of an apportionment to a State has not been

13 obligated by the State during the fiscal year for which the

14 apportionment is made or during the 2 fiscal years there15 after, the Secretary of the Treasury shall—

16 (1) reduce, by the amount of the unobligated

17 portion of the State’s apportionment, the apportion18 ment to the State for the succeeding fiscal year; and

19 (2) apportion to the States during that fiscal

20 year, in accordance with subsection (c), the amount

21 of the unobligated portion.

22 SEC. 206. USE OF FUNDS BY STATES.

23 (a) HISTORICALLY OIL AND GAS PRODUCTIVE

24 COASTAL STATES.—Each State described in section

25 205(c)(1)(A) shall use—
51

•S 1573 IS

1 (1) not more than 27 percent of the apportion2 ment to the State under section 205(c)(2)—

3 (A) to mitigate the adverse environmental

4 impacts resulting from the siting, construction,

5 expansion, or operation of outer Continental

6 Shelf facilities beyond the mitigation required

7 under other law;

8 (B) to pay administrative costs incurred by

9 the State or a political subdivision of the State

10 in approving, disapproving, or permitting outer

11 Continental Shelf development and production

12 activities under applicable law, including the

13 Coastal Zone Management Act of 1972 (16

14 U.S.C. 1451 et seq.) and the Outer Continental

15 Shelf Lands Act (43 U.S.C. 1331 et seq.); and

16 (C) to repurchase leases for outer Conti17 nental Shelf development and production; and

18 (2) the balance of the apportionment to the

19 State under section 205 to fund activities described

20 in subsection (c).

21 (b) OTHER STATES.—

22 (1) IN GENERAL.—Amounts apportioned under

23 section 205 to a State other than a State subject to

24 subsection (a) shall be used to make grants to eligi25 ble applicants to pay the Federal share of the cost
52

•S 1573 IS

1 of carrying out eligible activities described in sub2 section (c).

3 (2) FEDERAL SHARE.—The Federal share of

4 the cost of carrying out an eligible activity shall be

5 determined by the Governor, but shall not exceed 70

6 percent.

7 (c) ELIGIBLE ACTIVITIES.—

8 (1) IN GENERAL.—An eligible activity described

9 in this subsection is any activity—

10 (A) the implementation of which would im11 prove air and water quality, result in the acqui12 sition of open space or a park, preserve a his13 toric site, conserve habitat for fish and wildlife,

14 redevelop a brownfield, or otherwise further the

15 purposes of this title in a manner that exceeds

16 the requirements of any Federal law in effect as

17 of the date of enactment of this Act;

18 (B) that has been approved by the Gov19 ernor, subject to public notice and opportunity

20 for comment; and

21 (C) that is identified in the current State

22 plan that has been approved by the Stewardship

23 Council.

24 (2) TYPES OF ELIGIBLE ACTIVITIES.—Specific

25 eligible activities include the following:
53

•S 1573 IS

1 (A) CLEAN WATER.—With respect to clean

2 water, an eligible activity may be—

3 (i) implementation of a project identi4 fied in a national estuary program com5 prehensive management plan under section

6 320 of the Federal Water Pollution Con7 trol Act (33 U.S.C. 1330) or an approved

8 coastal zone management plan;

9 (ii) State participation in monitoring

10 and exposure assessment related to estro11 genic substances; or

12 (iii) development and support of a wa13 tershed management council.

14 (B) CLEAN AIR.—With respect to clean

15 air, an eligible activity may be—

16 (i) exceeding attainment levels pre17 scribed under the Clean Air Act (42

18 U.S.C. 7401 et seq.); or

19 (ii) implementation of State energy

20 conservation efforts carried out after the

21 date of enactment of this Act.

22 (C) FARMLAND AND OPEN SPACE PROTEC23 TION.—With respect to farmland and open

24 space protection, an eligible activity may be—
54

•S 1573 IS

1 (i) provision of technical assistance

2 for small and rural communities in the de3 velopment of open space preservation and

4 conservation plans;

5 (ii) purchase of farmland conservation

6 easements; or

7 (iii) redevelopment of brownfields for

8 the purpose of public recreation.

9 (D) MARINE RESOURCES.—With respect to

10 marine resources, an eligible activity may be—

11 (i) protection of essential fish habitat;

12 or

13 (ii) acquisition of sensitive coastal

14 areas, including coastal barriers, wetland,

15 and buffer areas and coral reef renovation.

16 (E) WILDLIFE CONSERVATION.—With re17 spect to wildlife conservation, an eligible activity

18 may be—

19 (i) implementation of recovery plans

20 to conserve endangered or threatened spe21 cies;

22 (ii) landowner incentives for the con23 servation of endangered or threatened spe24 cies; or
55

•S 1573 IS

1 (iii) conservation of nonlisted species,

2 including sensitive and declining species.

3 (d) COMPLIANCE WITH APPLICABLE LAWS.—All ac4 tivities funded with an apportionment to a State under

5 section 205 shall comply with all applicable Federal, State,

6 and local laws (including regulations).

7 (e) LIMITATIONS ON USE OF FUNDS.—A State shall

8 not use an apportionment to the State under section

9 205—

10 (1) to carry out an activity in satisfaction of li11 ability for natural resource damages under Federal

12 or State law; or

13 (2) to carry out an activity otherwise required

14 by law.

15 SEC. 207. STATE PLANS.

16 (a) IN GENERAL.—Not later than 1 year after the

17 date of enactment of this Act, as a condition of receipt

18 of apportionments under this title, the Governor of each

19 State eligible to receive an apportionment under section

20 205 shall—

21 (1) develop and submit to the Stewardship

22 Council a State plan for the use of the apportion23 ments, including—

24 (A) identification of high-priority environ25 mental concerns of the State; and
56

•S 1573 IS

1 (B) consideration of relevant Federal and

2 State resources;

3 (2) obtain and maintain the approval of the

4 Stewardship Council of the State plan; and

5 (3) to the maximum extent practicable, coordi6 nate the actions under the State plan with ongoing

7 conservation planning efforts in the State.

8 (b) REVISIONS.—The Governor shall revise and re9 submit the plan for approval, as necessary, but not less

10 often than once every 2 years.

11 (c) CRITERIA FOR APPROVAL.—The Stewardship

12 Council shall approve a State plan submitted under sub13 section (a), or a revision of a State plan submitted under

14 subsection (b), if the State plan or revision—

15 (1) provides for use of apportionments to the

16 State in accordance with this title; and

17 (2) addresses high-priority conservation issues,

18 or projects that are identified in a State comprehen19 sive conservation plan.

20 (d) REVOCATION OF APPROVAL.—The Stewardship

21 Council may revoke approval of a State plan if the Stew22 ardship Council determines that—

23 (1) the State is not using apportionments to the

24 State in accordance with this title; or
57

•S 1573 IS

1 (2) the Governor of the State fails to revise the

2 plan as required under subsection (b).

3 (e) PUBLIC PARTICIPATION.—The plan, and each re4 vision of the plan, shall be developed after public notice

5 and an opportunity for public participation.

6 (f) CERTIFICATION BY THE GOVERNOR.—The Gov7 ernor shall certify to the Stewardship Council that the

8 plan, and each revision of the plan, was developed with

9 an opportunity for public participation and in accordance

10 with all applicable State laws.

11 (g) REPORTING OF EXPENDITURES.—The plan shall

12 contain a description of activities funded with amounts ap13 propriated under this title for the preceding 2 years.

14 SEC. 208. EFFECT ON LEASING AND DEVELOPMENT.

15 Nothing in this title—

16 (1) affects any moratorium on leasing of outer

17 Continental Shelf leases for drilling; or

18 (2) constitutes an incentive to encourage the

19 development of outer Continental Shelf resources

20 where those resources are not being developed as of

21 the date of enactment of this Act.
58

•S 1573 IS

1 TITLE III—FISH AND WILDLIFE

2 CONSERVATION

3 SEC. 301. FINDINGS AND PURPOSES.

4 The Fish and Wildlife Conservation Act of 1980 is

5 amended by striking section 2 (16 U.S.C. 2901) and in6 serting the following:

7 ‘‘SEC. 2. FINDINGS AND PURPOSES.

8 ‘‘(a) FINDINGS.—Congress finds that—

9 ‘‘(1) fish and wildlife are of ecological, edu10 cational, esthetic, cultural, recreational, economic,

11 and scientific value to the United States;

12 ‘‘(2) healthy populations of species of fish and

13 wildlife should be achieved and maintained for the

14 benefit of present and future generations of Ameri15 cans;

16 ‘‘(3) management and conservation of fish and

17 wildlife require adequate funding for State programs

18 and coordination with Federal, local, and tribal gov19 ernments, private landowners, and interested organi20 zations within each State;

21 ‘‘(4) coordination and comprehensive planning

22 of conservation efforts and funding sources under

23 existing programs, such as the Federal aid in wild24 life program and the Federal aid in sport fish res-
59

•S 1573 IS

1 toration program, are being carried out by many

2 States and should be encouraged;

3 ‘‘(5) increasing coordination and comprehensive

4 planning of State conservation efforts and funding

5 sources would provide significant benefits to the con6 servation and management of species; and

7 ‘‘(6) conservation efforts and funding should

8 emphasize species that are not hunted, fished, or

9 trapped, as nongame programs receive less than

10 $100,000,000 annually among all 50 States, com11 pared with an estimated $1,000,000,000 annually

12 for game-focused programs.

13 ‘‘(b) PURPOSES.—The purposes of this Act are—

14 ‘‘(1) to provide assistance to the States for the

15 conservation of fish and wildlife, especially nongame

16 fish and wildlife; and

17 ‘‘(2) to encourage implementation and coordina18 tion of comprehensive fish and wildlife conservation

19 programs.’’.

20 SEC. 302. DEFINITIONS.

21 Section 3 of the Fish and Wildlife Conservation Act

22 of 1980 (16 U.S.C. 2902) is amended—

23 (1) by striking ‘‘As used in this Act—’’ and in24 serting ‘‘In this Act:’’;
60

•S 1573 IS

1 (2) in paragraphs (1), (2), and (4), by striking

2 ‘‘plan’’ each place it appears and inserting ‘‘pro3 gram’’;

4 (3) in paragraph (8), by striking ‘‘the Trust

5 Territory of the Pacific Islands,’’;

6 (4) by redesignating paragraphs (6), (7), and

7 (8) as paragraphs (7), (9), and (10), respectively;

8 (5) by inserting after paragraph (5) the fol9 lowing:

10 ‘‘(6) LEASED TRACT.—The term ‘leased tract’

11 means a tract—

12 ‘‘(A) leased under section 8 of the outer

13 Continental Shelf Lands Act (43 U.S.C. 1337)

14 for the purpose of drilling for, developing, and

15 producing oil and natural gas resources; and

16 ‘‘(B) comprising a unit consisting of a

17 block, a portion of a block, or a combination of

18 blocks or portions of blocks, as specified in the

19 lease, and as depicted on an Outer Continental

20 Shelf Official Protraction Diagram.’’; and

21 (6) by inserting after paragraph (7) (as redesig22 nated by paragraph (4)) the following:

23 ‘‘(8) QUALIFIED OUTER CONTINENTAL SHELF

24 REVENUES.—
61

•S 1573 IS

1 ‘‘(A) IN GENERAL.—The term ‘qualified

2 outer Continental Shelf revenues’ means—

3 ‘‘(i) all sums received by the United

4 States from each leased tract or portion of

5 a leased tract located in the western or

6 central Gulf of Mexico; less

7 ‘‘(ii) such sums as may be credited to

8 States under section 8(g) of the Outer

9 Continental Shelf Lands Act (43 U.S.C.

10 1337(g)) and amounts needed for adjust11 ments and refunds as overpayments for

12 rents, royalties, or other purposes.

13 ‘‘(B) INCLUSIONS.—The term ‘qualified

14 outer Continental Shelf revenues’ includes roy15 alties (including payments for royalty taken in

16 kind and sold), net profit share payments, and

17 related late-payment interest from natural gas

18 and oil leases granted under the Outer Conti19 nental Shelf Lands Act (43 U.S.C. 1331 et

20 seq.) for a leased tract or portion of a leased

21 tract described in subparagraph (A)(i).’’.

22 SEC. 303. CONSERVATION PROGRAMS.

23 (a) IN GENERAL.—The Fish and Wildlife Conserva24 tion Act of 1980 is amended by striking section 4 (16

25 U.S.C. 2903) and inserting the following:
62

•S 1573 IS

1 ‘‘SEC. 4. CONSERVATION PROGRAMS.

2 ‘‘(a) IN GENERAL.—Not later than 5 years after the

3 date of receipt by a State of an initial apportionment

4 under section 7, the State shall develop and begin imple5 mentation of a conservation program for species of fish

6 and wildlife in the State that emphasizes fish and wildlife

7 species that are not hunted, trapped, or fished (including

8 associated habitats of those species) and is based on best

9 available and appropriate scientific information and data.

10 ‘‘(b) REQUIRED ELEMENTS.—A conservation pro11 gram under subsection (a) shall include—

12 ‘‘(1) information on the distribution and abun13 dance of species (including species having a low pop14 ulation and declining species, as determined to be

15 appropriate by the designated State agency) that are

16 indicative of the diversity and health of wildlife of

17 the State;

18 ‘‘(2) identification of the extent and condition

19 of wildlife habitats and community types essential to

20 the conservation of species;

21 ‘‘(3) identification of problems that may ad22 versely affect species and habitats;

23 ‘‘(4) priority research and surveys to identify

24 factors that may assist in restoration and more ef25 fective conservation of species and habitats;
63

•S 1573 IS

1 ‘‘(5) determinations of actions that should be

2 taken to conserve the species and habitats, and es3 tablishment of priorities for implementing any rec4 ommended actions;

5 ‘‘(6) periodic monitoring of species and habi6 tats, including—

7 ‘‘(A) assessment of the effectiveness of the

8 conservation actions determined under para9 graph (5); and

10 ‘‘(B) development of recommendations for

11 implementing conservation actions to appro12 priately respond to new information or chang13 ing conditions;

14 ‘‘(7) review of the State conservation program,

15 and, if appropriate, revision of the conservation pro16 gram at least once every 10 years; and

17 ‘‘(8) coordination, to the maximum extent fea18 sible, by the designated State agency, during the de19 velopment, implementation, review, and revision of

20 the conservation program, with Federal, State, and

21 local agencies and Indian tribes that—

22 ‘‘(A) manage significant areas of land or

23 water within the State; or
64

•S 1573 IS

1 ‘‘(B) administer programs that signifi2 cantly affect the conservation of species or habi3 tats.’’.

4 (b) APPROVAL BY THE SECRETARY OF CONSERVA5 TION PROGRAMS.—The Fish and Wildlife Conservation

6 Act of 1980 is amended by striking section 5 (16 U.S.C.

7 2903) and inserting the following:

8 ‘‘SEC. 5. APPROVAL BY THE SECRETARY OF CONSERVATION

9 PROGRAMS.

10 ‘‘(a) IN GENERAL.—

11 ‘‘(1) APPROVAL.—The Secretary shall approve

12 a conservation program if the conservation program

13 meets the requirements of section 4, is substantial in

14 character and design, and has been made available

15 for public comment.

16 ‘‘(2) INDIVIDUAL CONSERVATION ACTIONS.—

17 ‘‘(A) IN GENERAL.—In the absence of an

18 approved conservation program, the Secretary

19 may approve conservation actions that are in20 tended to conserve primarily species of fish and

21 wildlife that are not hunted, trapped, or fished

22 and the habitats of those species.

23 ‘‘(B) CRITERIA FOR APPROVAL.—Under

24 subparagraph (A), the Secretary may approve a
65

•S 1573 IS

1 conservation action for a species of fish or wild2 life if—

3 ‘‘(i) the proposal for the conservation

4 action—

5 ‘‘(I) includes an estimate of the

6 population and distribution of the spe7 cies and a description of the signifi8 cant habitat of the species;

9 ‘‘(II) provides for regular moni10 toring of the effectiveness of the con11 servation action; and

12 ‘‘(III) is substantial in character

13 and design;

14 ‘‘(ii) the conservation action is a high

15 priority action in conserving the species;

16 and

17 ‘‘(iii) the State is making reasonable

18 efforts to develop or revise a conservation

19 program that complies with this Act.

20 ‘‘(3) EFFECT OF APPROVAL.—

21 ‘‘(A) IN GENERAL.—Subject to subpara22 graph (B), the development, implementation,

23 and revision of conservation programs approved

24 under paragraph (1) and the development and

25 implementation of conservation actions ap-
66

•S 1573 IS

1 proved under paragraph (2) shall be eligible for

2 funding using funds apportioned to the States

3 under section 7.

4 ‘‘(B) LIMITATION ON USE OF FUNDS.—Of

5 the funds apportioned to a State under section

6 7 for a fiscal year, a pro rata portion of the

7 amount required under section 6(b) to be used

8 for the conservation of endangered or threat9 ened species shall be used by the State for that

10 purpose.

11 ‘‘(b) CONSOLIDATION OF PLANNING EFFORTS.—

12 ‘‘(1) WILDLIFE PLANNING EFFORTS.—With re13 spect to conservation of wildlife, the State may in14 clude the information required to be included in a

15 conservation program under section 4 in the plan de16 veloped by the State under the Act entitled ‘An Act

17 to provide that the United States shall aid the

18 States in wildlife-restoration projects, and for other

19 purposes’, approved September 2, 1937 (16 U.S.C.

20 669 et seq.), in which case the Secretary shall ap21 prove the conservation program for the purposes of,

22 and in accordance with, this Act and that Act.

23 ‘‘(2) FISH PLANNING EFFORTS.—With respect

24 to conservation of fish, the State may include the in25 formation required to be included in a conservation
67

•S 1573 IS

1 program under section 4 in the plan developed by

2 the State under the Act entitled ‘An Act to provide

3 that the United States shall aid the States in fish

4 restoration and management projects, and for other

5 purposes’, approved August 9, 1950 (16 U.S.C. 777

6 et seq.), in which case the Secretary shall approve

7 the conservation program for the purposes of, and in

8 accordance with, this Act and that Act.’’.

9 SEC. 304. FISH AND WILDLIFE CONSERVATION FUND.

10 The Fish and Wildlife Conservation Act of 1980 is

11 amended by striking section 6 (10 U.S.C. 2905) and in12 serting the following:

13 ‘‘SEC. 6. FISH AND WILDLIFE CONSERVATION FUND.

14 ‘‘(a) ESTABLISHMENT.—There is established in the

15 Treasury of the United States a fund to be known as the

16 ‘Fish and Wildlife Conservation Fund’ (referred to in this

17 section as the ‘Fund’), consisting of—

18 ‘‘(1) such amounts as are appropriated to the

19 Fund under subsection (b); and

20 ‘‘(2) any interest earned on investment of

21 amounts in the Fund under subsection (d).

22 ‘‘(b) TRANSFERS TO FUND.—Notwithstanding sec23 tion 9 of the Outer Continental Shelf Lands Act (43

24 U.S.C. 1338), for each fiscal year, there are appropriated

25 to the Fund, from revenues due and payable to the United
68

•S 1573 IS

1 States as qualified outer Continental Shelf revenues (as

2 defined in section 2 of the Natural Resources Reinvest3 ment Act of 1999), the lesser of—

4 ‘‘(1) $250,000,000, of which $75,000,000 shall

5 be used for conservation of endangered or threat6 ened species under section 6 of the Endangered Spe7 cies Act of 1973 (16 U.S.C. 1535); or

8 ‘‘(2) the amount that is equal to 10 percent of

9 those revenues, of which an amount equal to 3 per10 cent of those revenues shall be used for conservation

11 of endangered or threatened species under that sec12 tion.

13 ‘‘(c) EXPENDITURES FROM FUND.—

14 ‘‘(1) IN GENERAL.—Upon request by the Sec15 retary and without further Act of appropriation, for

16 fiscal year 2000 and each fiscal year thereafter, the

17 Secretary of the Treasury shall transfer from the

18 Fund to the Secretary such amounts as the Sec19 retary determines are necessary to provide funding

20 for administrative expenses and apportionments

21 under section 7.

22 ‘‘(2) USE OF FUNDS BY STATES.—

23 ‘‘(A) IN GENERAL.—Funds apportioned to

24 a State under section 7 shall be used to carry
69

•S 1573 IS

1 out activities eligible for funding under section

2 5.

3 ‘‘(B) MAINTENANCE OF EFFORT.—Funds

4 made available to States from the Fund shall

5 supplement, but not supplant, funds made

6 available to the States from—

7 ‘‘(i) the Federal aid to wildlife res8 toration fund established by section 3 of

9 the Act entitled ‘An Act to provide that the

10 United States shall aid the States in wild11 life-restoration projects, and for other pur12 poses’, approved September 2, 1937 (16

13 U.S.C. 669b); and

14 ‘‘(ii) the Sport Fish Restoration Ac15 count established by section 9504 of the

16 Internal Revenue Code of 1986.

17 ‘‘(d) INVESTMENT OF AMOUNTS.—

18 ‘‘(1) IN GENERAL.—The Secretary of the

19 Treasury shall invest such portion of the Fund as is

20 not, in the judgment of the Secretary of the Treas21 ury, required to meet current withdrawals. Invest22 ments may be made only in interest-bearing obliga23 tions of the United States.
70

•S 1573 IS

1 ‘‘(2) ACQUISITION OF OBLIGATIONS.—For the

2 purpose of investments under paragraph (1), obliga3 tions may be acquired—

4 ‘‘(A) on original issue at the issue price; or

5 ‘‘(B) by purchase of outstanding obliga6 tions at the market price.

7 ‘‘(3) SALE OF OBLIGATIONS.—Any obligation

8 acquired by the Fund may be sold by the Secretary

9 of the Treasury at the market price.

10 ‘‘(4) CREDITS TO FUND.—The interest on, and

11 the proceeds from the sale or redemption of, any ob12 ligations held in the Fund shall be credited to and

13 form a part of the Fund.

14 ‘‘(e) TRANSFERS OF AMOUNTS.—

15 ‘‘(1) IN GENERAL.—The amounts required to

16 be transferred to the Fund under this section shall

17 be transferred at least monthly from the general

18 fund of the Treasury to the Fund on the basis of es19 timates made by the Secretary of the Treasury.

20 ‘‘(2) ADJUSTMENTS.—Proper adjustment shall

21 be made in amounts subsequently transferred to the

22 extent prior estimates were in excess of or less than

23 the amounts required to be transferred.’’.
71

•S 1573 IS

1 SEC. 305. APPORTIONMENT OF FUND RECEIPTS TO STATES.

2 The Fish and Wildlife Conservation Act of 1980 is

3 amended by striking section 7 (16 U.S.C. 2906) and in4 serting the following:

5 ‘‘SEC. 7. APPORTIONMENT OF FUND RECEIPTS TO STATES.

6 ‘‘(a) DEDUCTION FOR ADMINISTRATIVE EX7 PENSES.—

8 ‘‘(1) IN GENERAL.—For each fiscal year, the

9 Secretary may deduct, for payment of administrative

10 expenses incurred in carrying out this Act, not more

11 than 6 percent of the total amount of the Fish and

12 Wildlife Conservation Fund established by section 6

13 available for apportionment for the fiscal year.

14 ‘‘(2) PERIOD OF AVAILABILITY.—A deduction

15 by the Secretary under paragraph (1) for a fiscal

16 year shall be available for obligation by the Sec17 retary until September 30 of the following fiscal

18 year.

19 ‘‘(3) APPORTIONMENT OF UNOBLIGATED

20 FUNDS.—Not later than 60 days after the end of a

21 fiscal year, the Secretary shall apportion under sub22 sections (b) and (c) any unobligated amount of a de23 duction for which the period of availability under

24 paragraph (2) terminated on September 30 of the

25 fiscal year.
72

•S 1573 IS

1 ‘‘(b) APPORTIONMENT TO DISTRICT OF COLUMBIA

2 AND TERRITORIES.—For each fiscal year, after making

3 the deduction under subsection (a), the Secretary shall

4 make the following apportionments from the amount of

5 the Fish and Wildlife Conservation Fund remaining avail6 able for apportionment:

7 ‘‘(1) To each of the District of Columbia and

8 the Commonwealth of Puerto Rico, a sum equal to

not more than 1 9 ⁄2 of 1 percent of that remaining

10 amount.

11 ‘‘(2) To each of Guam, American Samoa, the

12 Virgin Islands, and the Commonwealth of the North13 ern Mariana Islands, a sum equal to not more than

1 14 ⁄6 of 1 percent of that remaining amount.

15 ‘‘(c) APPORTIONMENT TO OTHER STATES.—

16 ‘‘(1) IN GENERAL.—Subject to paragraph (2),

17 for each fiscal year, after making the deduction

18 under subsection (a) and the apportionment under

19 subsection (b), the Secretary shall apportion the

20 amount of the Fish and Wildlife Conservation Fund

21 remaining available for apportionment among the

22 States not receiving an apportionment under sub23 section (b) in the following manner:
73

•S 1573 IS

‘‘(A) 1 1 ⁄3 based on the ratio that the geo2 graphic area of each such State bears to the

3 total geographic area of all such States.

‘‘(B) 2 4 ⁄3 based on the ratio that the popu5 lation of each such State bears to the total pop6 ulation of all such States.

7 ‘‘(2) MINIMUM AND MAXIMUM APPORTION8 MENTS.—For each fiscal year, the amounts appor9 tioned under this subsection shall be adjusted pro10 portionately so that no State receiving an apportion11 ment under paragraph (1) is apportioned a sum that

12 is—

13 ‘‘(A) less than 1 percent of the amount

14 available for apportionment under this sub15 section for the fiscal year; or

16 ‘‘(B) more than 5 percent of that amount.

17 ‘‘(d) PERIOD OF AVAILABILITY OF APPORTION18 MENTS.—

19 ‘‘(1) IN GENERAL.—An apportionment to a

20 State under subsection (b) or (c) for a fiscal year

21 shall be available for obligation by the State until

22 the end of the fourth succeeding fiscal year.

23 ‘‘(2) REAPPORTIONMENT OF UNOBLIGATED

24 FUNDS.—Any amount apportioned to a State under

25 subsection (b) or (c) for which the period of avail-
74

•S 1573 IS

1 ability under paragraph (1) terminated at the end

2 of a fiscal year shall be reapportioned to the States

3 in accordance with subsections (b) and (c) during

4 the following fiscal year.

5 ‘‘(e) COST SHARING.—Not more than 70 percent of

6 the cost of any activity funded under this Act may be

7 funded using amounts apportioned to a State under this

8 section.’’.

9 SEC. 306. TECHNICAL AMENDMENTS.

10 (a) Section 9 of the Fish and Wildlife Conservation

11 Act of 1980 (16 U.S.C. 2908) is amended by striking

12 ‘‘conservation plans’’ and inserting ‘‘conservation pro13 grams’’.

14 (b) Section 13(b) of the Fish and Wildlife Conserva15 tion Act of 1980 (16 U.S.C. 2912) is amended in the sec16 ond sentence by striking ‘‘Committee on Merchant Marine

17 and Fisheries’’ and inserting ‘‘Committee on Resources’’.

18 (c) The Fish and Wildlife Conservation Act of 1980

19 is amended—

20 (1) by striking sections 8, 11, and 12 (16

21 U.S.C. 2907, 2910, 2911); and

22 (2) by redesignating sections 9, 10, and 13 (16

23 U.S.C. 2908, 2909, 2912) as sections 8, 9, and 10,

24 respectively.
75

•S 1573 IS

1 (d) Section 3(5) of the North American Wetlands

2 Conservation Act (16 U.S.C. 4402(5)) is amended by

3 striking ‘‘under the Fish and Wildlife Conservation Act

4 of 1980 (16 U.S.C. 2901–2912)’’ and inserting ‘‘in section

5 3 of the Fish and Wildlife Conservation Act of 1980 (16

6 U.S.C. 2902)’’.

7 (e) Section 16(a) of the North American Wetlands

8 Conservation Act (16 U.S.C. 4413) is amended in the first

9 sentence by striking ‘‘section 13(a)(5) of the Fish and

10 Wildlife Conservation Act of 1980 (16 U.S.C. 2912(a))’’

11 and inserting ‘‘section 10(a)(5) of the Fish and Wildlife

12 Conservation Act of 1980’’.

13 TITLE IV—NEW OPEN SPACE

14 INITIATIVES

15 Subtitle A—Watersheds

16 SEC. 401. FINDINGS AND PURPOSE.

17 (a) FINDINGS.—Congress finds that—

18 (1) properly managed watersheds can protect

19 and enhance surface water quality by—

20 (A) processing nutrients;

21 (B) trapping sediments; and

22 (C) providing settings where runoff con23 taminants can be chemically and biologically

24 neutralized before the contaminants enter sur25 face and ground water;
76

•S 1573 IS

1 (2) properly managed watersheds can reduce

2 erosion of stream banks and surrounding land by—

3 (A) reducing the volume and velocity of

4 peak runoff flows; and

5 (B) helping to protect sensitive stream

6 bank and stream bed areas often critical to the

7 protection of the biological integrity of surface

8 and ground waters; and

9 (3) the purchase of easements in, or fee title to,

10 critical land from willing sellers can be a useful tool

11 in ensuring the implementation of an effective pro12 gram for enhancing and protecting the quality of

13 surface and ground waters.

14 (b) PURPOSE.—The purpose of this title is to encour15 age the acquisition or restoration of contiguous watersheds

16 and wetland by providing funding for the acquisition or

17 restoration of wetland, adjacent land, or buffer strips

18 under the Federal Water Pollution Control Act (33 U.S.C.

19 1251 et seq.).

20 SEC. 402. LAND ACQUISITION AND RESTORATION PRO21 GRAM.

22 (a) FUNDING.—Title III of the Federal Water Pollu23 tion Control Act (33 U.S.C. 1311 et seq.) is amended by

24 adding at the end the following:
77

•S 1573 IS

1 ‘‘SEC. 321. SAVE OUR WATERSHEDS PROGRAM.

2 ‘‘(a) CONSIDERATION OF ACQUISITION.—Each plan

3 prepared by the appropriate State, local, or other non4 Federal entity under section 118, 314, 319(g), or 320

5 shall—

6 ‘‘(1) evaluate the effectiveness of the acquisition

7 or restoration of land or interests in land as a

8 means of meeting the goals of the plan; and

9 ‘‘(2) include programs to encourage State, local,

10 private, or other non-Federal funding of acquisitions

11 or restorations if acquisition or restoration of land

12 or interests in land is found by the entity to be an

13 effective tool for plans prepared under this Act.

14 ‘‘(b) FUNDING.

15 ‘‘(1) SRF FUNDING.—

16 ‘‘(A) IN GENERAL.—A State may use

17 funds from the water pollution control revolving

18 fund of the State established under title VI for

19 the acquisition or restoration of land in accord20 ance with a plan developed under section 118,

21 314, 319(g), or 320.

22 ‘‘(B) SRF FUNDING LIMITATION.—Not

23 more than 10 percent of the funds awarded to

24 a State under title VI may be used for the ac25 quisition or restoration of land in accordance

26 with this section.
78

•S 1573 IS

1 ‘‘(2) PREFERENCES FOR FUNDING.—In consid2 ering requests for funding of a plan for the acquisi3 tion or restoration of land or interests in land under

4 this section, the Administrator shall provide a pref5 erence to requests with respect to which Federal

6 funds will be matched by—

7 ‘‘(A) the State;

8 ‘‘(B) the entity responsible for developing

9 and implementing the plan; or

10 ‘‘(C) other non-Federal entities.

11 ‘‘(c) POSSESSION OF LAND.—

12 ‘‘(1) IN GENERAL.—All land or interests in land

13 acquired or restored under this section shall be held

14 by an entity chosen by the Governor or a designee.

15 ‘‘(2) FEDERAL POSSESSION PROHIBITED.—An

16 officer or employee of the Environmental Protection

17 Agency or any other Federal agency shall not hold

18 any land or interests in land acquired or restored

19 under this section.

20 ‘‘(d) USE OF LAND.—

21 ‘‘(1) IN GENERAL.—Land acquired or restored

22 under this section using Federal funds shall be made

23 available for public recreational purposes to the

24 maximum extent practicable considering the environ25 mental sensitivity and suitability of the land.
79

•S 1573 IS

1 ‘‘(2) INCOMPATIBLE PURPOSE EXCEPTION.—

2 Land acquired or restored under this section shall

3 not be made available for public recreational pur4 poses if public recreational activities would be incom5 patible with the purposes for which the land was ac6 quired or restored.’’.

7 (b) CONFORMING AMENDMENTS.—

8 (1) Section 601(a) of the Federal Water Pollu9 tion Control Act (33 U.S.C. 1381(a)) is amended—

10 (A) in paragraph (2), by striking ‘‘and’’ at

11 the end; and

12 (B) by inserting before the period at the

13 end the following: ‘‘, and (4) for acquiring or

14 restoring land under section 321’’.

15 (2) Section 603(c) of the Federal Water Pollu16 tion Control Act (33 U.S.C. 1383(c)) is amended in

17 the first sentence—

18 (A) in paragraph (2), by striking ‘‘and’’ at

19 the end; and

20 (B) by inserting before the period at the

21 end the following: ‘‘, and (4) for acquiring or

22 restoring land under section 321’’.

23 Subtitle B—Transportation

24 SEC. 411. FINDINGS AND PURPOSE.

25 (a) FINDINGS.—Congress finds that—
80

•S 1573 IS

1 (1) historically, transportation projects have

2 contributed to suburban sprawl, loss of open space,

3 and degradation of the local environment; and

4 (2) comprehensive transportation planning

5 should incorporate environmental mitigation and

6 preservation of open space to the extent locally de7 sired and practicable.

8 (b) PURPOSE.—The purpose of this subtitle is to in9 corporate efforts to mitigate transportation-related growth

10 and development in surface transportation and highway

11 projects.

12 SEC. 412. SURFACE TRANSPORTATION PROGRAM.

13 Section 133(b) of title 23, United States Code, is

14 amended by inserting after paragraph (11) the following:

15 ‘‘(12) Acquisition of open space and conserva16 tion easements to mitigate transportation-related

17 growth and development.’’.

18 SEC. 413. FEDERAL-AID SYSTEM.

19 Section 103(b)(6) of title 23, United States Code, is

20 amended by adding at the end the following:

21 ‘‘(Q) Acquisition of open space and con22 servation easements to mitigate transportation23 related growth and development.’’.
81

•S 1573 IS

1 Subtitle C—Farmland

2 SEC. 421. FARMLAND PROTECTION.

3 Section 388 of the Federal Agriculture Improvement

4 and Reform Act of 1996 (16 U.S.C. 3830 note; Public

5 Law 104–127) is amended—

6 (1) by redesignating subsection (c) as sub7 section (h); and

8 (2) by striking subsections (a) and (b) and in9 serting the following:

10 ‘‘(a) DEFINITION OF ELIGIBLE ENTITY.—In this sec11 tion, the term ‘eligible entity’ means—

12 ‘‘(1) any agency of any State or local govern13 ment, or federally recognized Indian tribe; and

14 ‘‘(2) any organization that—

15 ‘‘(A) is organized for, and at all times

16 since its formation has been operated prin17 cipally for, 1 or more of the conservation pur18 poses specified in clause (i), (ii), or (iii) of sec19 tion 170(h)(4)(A) of the Internal Revenue Code

20 of 1986; and

21 ‘‘(B)(i) is an organization described in sec22 tion 501(c)(3) of the Code that is exempt from

23 taxation under section 501(a) of the Code;

24 ‘‘(ii) is described in section 509(a)(2) of

25 the Code; or
82

•S 1573 IS

1 ‘‘(iii) is described in section 509(a)(3) of

2 the Code and is controlled by an organization

3 described in section 509(a)(2) of the Code.

4 ‘‘(b) AUTHORITY.—The Secretary of Agriculture

5 shall establish and carry out a farmland protection pro6 gram under which the Secretary shall provide grants to

7 eligible entities to provide the Federal share of the cost

8 of purchasing conservation easements or other interests

9 in land with prime, unique, or other productive soil for

10 the purpose of protecting topsoil by limiting non11 agricultural uses of the land.

12 ‘‘(c) FEDERAL SHARE.—The Federal share of the

13 cost of purchasing a conservation easement or other inter14 est described in subsection (b) shall be not more than 50

15 percent.

16 ‘‘(d) TITLE; ENFORCEMENT.—Title to a conservation

17 easement or other interest described in subsection (b) may

18 be held, and the conservation requirements of the ease19 ment or interest enforced, by any eligible entity.

20 ‘‘(e) STATE CERTIFICATION.—The attorney general

21 of the State in which land is located shall take such ac22 tions as are necessary to ensure that a conservation ease23 ment or other interest under this section is in a form that

24 is sufficient to achieve the conservation purpose of the

25 farmland protection program established under this sec-
83

•S 1573 IS

1 tion, the law of the State, and the terms and conditions

2 of any grant made by the Secretary under this section.

3 ‘‘(f) CONSERVATION PLAN.—Any land for which a

4 conservation easement or other interest is purchased

5 under this section shall be subject to the requirements of

6 a conservation plan to the extent that the plan does not

7 negate or adversely affect the restrictions contained in any

8 easement.

9 ‘‘(g) TECHNICAL ASSISTANCE.—The Secretary may

10 use not more than 10 percent of the amount that is made

11 available for a fiscal year under subsection (h) to provide

12 technical assistance to carry out this section.’’.

Æ