II

106TH CONGRESS

2D SESSION S. 2181

To amend the Land and Water Conservation Fund Act to provide full funding

for the Land and Water Conservation Fund, and to provide dedicated

funding for other conservation programs, including coastal stewardship,

wildlife habitat protection, State and local park and open space preservation, historic preservation, forestry conservation programs, and youth

conservation corps; and for other purposes.

IN THE SENATE OF THE UNITED STATES

MARCH 6, 2000

Mr. BINGAMAN (for himself, Mr. HOLLINGS, Mr. BAUCUS, Mr. KERRY, Mrs.

BOXER, Mr. LIEBERMAN, Mr. BRYAN, Mr. AKAKA, Mr. LEAHY, and Mr.

SARBANES) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources

A BILL

To amend the Land and Water Conservation Fund Act to

provide full funding for the Land and Water Conservation Fund, and to provide dedicated funding for other

conservation programs, including coastal stewardship,

wildlife habitat protection, State and local park and open

space preservation, historic preservation, forestry conservation programs, and youth conservation corps; and

for other purposes.

1 Be it enacted by the Senate and House of Representa

2 tives of the United States of America in Congress assembled,
2

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1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Conservation and

3 Stewardship Act’’.

4 TITLE I—LAND AND WATER

5 CONSERVATION FUND

6 SEC. 101. SHORT TITLE.

7 This title may be cited as the ‘‘Land and Water Con8 servation Fund Act Amendments of 2000’’.

9 SEC. 102. LAND AND WATER CONSERVATION FUND AMEND10 MENTS.

11 (a) PERMANENT APPROPRIATION INTO THE FUND.—

12 Section 2 of the Land and Water Conservation Fund Act

13 of 1965 (16 U.S.C. 460l–5) is amended—

14 (1) in the first paragraph by striking ‘‘During

15 the period ending September 30, 2015, there’’ and

16 inserting ‘‘There’’;

17 (2) in paragraph (c)(1) by striking ‘‘not less

18 than’’ and all that follows through the end of the

19 paragraph and inserting ‘‘not less than

20 $900,000,000 for each fiscal year.’’; and

21 (3) in paragraph (c)(2) by striking ‘‘shall be

22 credited’’ and all that follows through the end of the

23 paragraph and inserting ‘‘shall be deposited into the

24 fund from qualified Outer Continental Shelf reve25 nues (as that term is defined in section 2(u) of the

26 Outer Continental Shelf Lands Act (43 U.S.C.
3

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1 1331(u)) (as amended by the Coastal Stewardship

2 Act of 2000)). Such moneys shall only be used to

3 carry out the purposes of this Act.’’.

4 (b) PERMANENT FUNDING AUTHORITY.—Section 3

5 of the Land and Water Conservation Fund Act of 1965

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

7 ‘‘Of amounts in the fund, $900,000,000 shall

8 be available each fiscal year for obligation or expend9 iture in accordance with section 5 of this Act. Such

10 funds shall be made available without further appro11 priation, and shall remain available until expended.

12 Other moneys in the fund shall be available for ex13 penditure only when appropriated therefor. Such ap14 propriations may be made without fiscal year limita15 tion.’’.

16 (c) ALLOCATION OF FUNDS.—Section 5 of the Land

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

18 460l–7) is amended to read as follows:

19 ‘‘Fifty percent of the funds made available each

20 fiscal year shall be used for Federal land acquisition

21 purposes as provided in section 7 of this Act, and

22 fifty percent shall be used for financial assistance to

23 States as provided in section 6 of this Act.’’.
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1 (d) STATE FUNDING ALLOCATIONS.—Section 6(b) of

2 the Land and Water Conservation Fund Act of 1965 (16

3 U.S.C. 460l–8(b)) is amended—

4 (1) by striking ‘‘Sums appropriated and avail5 able’’ and inserting ‘‘Amounts made available’’;

6 (2) by striking paragraph (1) in its entirety and

7 inserting the following:

8 ‘‘(1) Eighty percent of the amounts made avail9 able shall be apportioned as follows:

10 ‘‘(A) Sixty percent shall be apportioned

11 equally among the several States;

12 ‘‘(B) Twenty percent shall be apportioned

13 on the basis of the ratio which the population

14 of each State bears to the total population of

15 the United States; and

16 ‘‘(C) Twenty percent shall be apportioned

17 on the basis of the urban population in each

18 State (as defined by Metropolitan Statistical

19 Areas).’’; and

20 (3) in paragraph (2) by striking ‘‘At any time,

21 the remaining appropriation’’ and inserting ‘‘The re22 maining allocation’’.

23 (e) FEDERAL LAND ACQUISITION PROJECTS.—Sec24 tion 7(a) of the Land and Water Conservation Fund Act

25 of 1965 (16 U.S.C. 460l–9(a)) is amended—
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1 (1) by striking ‘‘Moneys appropriated’’ and all

2 that follows through ‘‘subpurposes’’ and inserting

3 the following:

4 ‘‘(1)(A) The President shall transmit, as part of

5 the annual budget proposal, a priority list for Fed6 eral land acquisition projects. Funds shall be made

7 available from the Land and Water Conservation

8 Fund, without further appropriation, 15 days after

9 the date the Congress adjourns sine die for each

10 year, for the projects identified on the President’s

11 priority list, unless prior to such date, legislation is

12 enacted establishing a different priority list.

13 ‘‘(B) If Congress enacts legislation establishing

14 an alternate priority list, and such priority list funds

15 less than the annual authorized funding amount

16 identified in section 5, the difference between the au17 thorized funding amount and the alternate priority

18 list shall be available for expenditure, without fur19 ther appropriation, in accordance with the priority

20 list submitted by the President.

21 ‘‘(C)(1) In developing the annual land acquisi22 tion priority list, the President shall require the Sec23 retary of the Interior and the Secretary of Agri24 culture to develop the priority list for the sites under

25 each Secretary’s jurisdiction. The Secretaries shall
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1 prepare the lists in consultation with the head of

2 each affected bureau or agency, taking into account

3 the best professional judgment regarding the land

4 acquisition priorities and policies of each bureau or

5 agency.

6 ‘‘(2) In preparing the lists referred to in para7 graph (1), the Secretaries shall ensure that not less

8 than $5 million is made available each year for the

9 acquisition of easements, on a willing seller basis, to

10 provide for non-motorized access to public lands for

11 hunting, fishing, and other recreational purposes.

12 ‘‘(D) Amounts made available from the fund for

13 Federal land acquisition projects shall be used for

14 the purposes and subpurposes identified in para15 graphs (2), (3), and (4) of this subsection.’’; and

16 (2) by redesignating subsequent paragraphs ac17 cordingly.

18 SEC. 102. NON-FEDERAL LANDS OF REGIONAL OR NA19 TIONAL INTEREST.

20 Title I of the Land and Water Conservation Fund

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

22 adding at the end the following:
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1 ‘‘SEC. 14. NON-FEDERAL LANDS OF REGIONAL OR NA2 TIONAL INTEREST.

3 ‘‘(a) ESTABLISHMENT OF FUND.—There is estab4 lished in the Treasury of the United States a fund which

5 shall be known as the ‘Non-Federal Lands of Regional or

6 National Interest Fund’ (in this section referred to as the

7 ‘fund’). There shall be deposited into the fund

8 $125,000,000 in fiscal year 2001 and each fiscal year

9 thereafter from qualified Outer Continental Shelf Reve10 nues (as that term is defined in section 2(u) of the Outer

11 Continental Shelf Lands Act (43 U.S.C. 1331(u)) (as

12 amended by the Coastal Stewardship Act of 2000)). Such

13 moneys shall be used only to carry out the purposes of

14 this section.

15 ‘‘(b) EXPENDITURES.—(1) Of the amounts in the

16 fund, $125,000,000 shall be available each year to the

17 Secretary of the Interior for obligation or expenditure in

18 accordance with this section. Such funds shall be available

19 without further appropriation, subject to the requirements

20 of this section, and shall remain available until expended.

21 ‘‘(2) The Secretary shall prepare, as part of the an22 nual budget proposal, a priority list for grant projects to

23 be funded under this section, from among the applications

24 submitted pursuant to subsection (c). Moneys shall be

25 available from the fund, without further appropriation, 15

26 days after the date Congress adjourns sine die each year,
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1 for the projects specified on the priority list, unless prior

2 to such date, legislation is enacted establishing a different

3 priority list.

4 ‘‘(c) GRANTS TO STATES.—(1) A State may submit

5 an application to the Secretary for a grant to fund the

6 conservation of non-Federal lands or waters of clear re7 gional or national interest.

8 ‘‘(2) In determining whether to recommend the award

9 of a grant under this section, the Secretary shall consider,

10 on a competitive basis, the extent to which a proposed con11 servation project described in the grant application will

12 conserve the natural, historic, cultural, and recreational

13 values of the non-Federal lands or waters to be protected.

14 ‘‘(3) The Secretary shall give preference to proposed

15 conservation projects—

16 ‘‘(A) that seek to protect ecosystems;

17 ‘‘(B) that are developed in collaboration with

18 other States, or with private persons or entities; or

19 ‘‘(C) that are complementary to conservation or

20 restoration programs undertaken on Federal lands.

21 ‘‘(4) A grant awarded to a State under this sub22 section shall cover not more than 50 percent of the total

23 cost of the conservation project.’’.
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1 TITLE II—COASTAL

2 STEWARDSHIP

3 SEC. 201. SHORT TITLE.

4 This title may be cited as the ‘‘Coastal Stewardship

5 Act of 2000’’.

6 SEC. 202. AMENDMENT TO OUTER CONTINENTAL SHELF

7 LANDS ACT.

8 (a) DEFINITIONS.—Section 2 of the Outer Conti9 nental Shelf Lands Act (43 U.S.C. 1331) is amended by

10 adding at the end the following:

11 ‘‘(r) As used in sections 31 and 32, the term ‘coast12 line’ has the meaning given such term in section 2(c) of

13 the Submerged Lands Act (43 U.S.C. 1301(c));

14 ‘‘(s) As used in sections 31 and 32, the term ‘Coastal

15 State’ has the same meaning given such term in section

16 304(4) of the Coastal Zone Management Act of 1972 (16

17 U.S.C. 1453(4));

18 ‘‘(t) As used in sections 31 and 32, the term ‘leased

19 tract’ means a tract, maintained under section 6 or leased

20 under section 8 for the purposes of drilling for, developing

21 and producing oil and natural gas resources, which is a

22 unit consisting of either a block, a portion of a block, a

23 combination of blocks or portions of blocks (or both), as

24 specified in the lease, and as depicted on an Outer Conti25 nental Shelf Official Protraction Diagram;
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1 ‘‘(u) As used in sections 31 and 32, the term ‘quali2 fied Outer Continental Shelf revenues’ means all amounts

3 received by the United States as bonus bids, rents, royal4 ties (including payments for royalty taken in kind and

5 sold), net profit share payments, and related late payment

6 interest from natural gas and oil leases issued pursuant

7 to section 8 or maintained under section 6, accruing from

8 each leased tract or portion of a leased tract, the geo9 graphic center of which lies within a distance of 200 miles

10 from any part of the coastline of any Coastal State. It

11 shall not include amounts from any leased tract or portion

12 of a leased tract which is included within any area of the

13 Outer Continental Shelf where a moratorium on new leas14 ing was in effect as of January 1, 1999, unless the leased

15 tract or portion of leased tract was issued prior to the

16 establishment of the moratorium and is in production as

17 of January 1, 2000. For each leased tract or portion of

18 a leased tract lying within the zone defined and governed

19 by section 8(g), and to which section 8(g) applies, the term

20 ‘qualified Outer Continental Shelf revenues’ shall include

21 only amounts remaining after payment has been made to

22 States in accordance with section 8(g).’’.

23 (b) OCEAN AND COAST CONSERVATION.—The Outer

24 Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) is

25 amended by adding at the end the following:
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1 ‘‘SEC. 31. OCEAN AND COAST CONSERVATION FUND.

2 ‘‘(a) ESTABLISHMENT OF FUND.—(1) There is estab3 lished in the Treasury of the United States a fund which

4 shall be known as the ‘Ocean and Coast Conservation

5 Fund’ (in this section referred to as the ‘fund’). There

6 shall be deposited into the fund $365,000,000 from quali7 fied Outer Continental Shelf revenues in fiscal year 2001

8 and each fiscal year thereafter. Such moneys shall be used

9 only to carry out the purposes of this section.

10 ‘‘(2) Of the amounts in the fund, $365,000,000 shall

11 be available each fiscal year for obligation or expenditure

12 in accordance with this section. Such funds shall be made

13 available to the Secretary of Commerce without further

14 appropriation, subject to the requirements of this section,

15 and shall remain available until expended.

16 ‘‘(b) ALLOCATION OF FUNDS.—Notwithstanding sec17 tion 9, the Secretary of Commerce shall allocate funds

18 available under this section as follows:

19 ‘‘(1) for uses identified in subsection (c),

20 $250,000,000;

21 ‘‘(2) for uses identified in subsection (d),

22 $25,000,000;

23 ‘‘(3) for uses identified in subsection (e),

24 $75,000,000; and

25 ‘‘(4) for uses identified in subsection (f),

26 $15,000,000.
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1 ‘‘(c) COASTAL STEWARDSHIP.—(1) The Secretary of

2 Commerce shall allocate among all Coastal States the

3 funds available under subsection (b)(1) as follows:

4 ‘‘(A) 25 percent of the funds under this sub5 section shall be allocated based on the ratio of the

6 coastline miles of the Coastal State to the coastline

7 miles of all Coastal States;

8 ‘‘(B) 25 percent of the funds under this sub9 section shall be allocated based on the ratio of the

10 coastal population of the Coastal State to the coastal

11 population of all Coastal States;

12 ‘‘(C) 50 percent of the funds under this sub13 section shall be allocated based on the demonstrated

14 conservation and protection needs of the Coastal

15 State for coastal stewardship uses as determined

16 under this subsection.

17 ‘‘(2) The Secretary of Commerce, in accordance with

18 the requirements of this section, shall determine the allo19 cation each State is entitled to receive based on dem20 onstrated conservation and protection need under sub21 section (c)(1)(C).

22 ‘‘(3) To be eligible to receive moneys under sub23 section (c)(1)(C), a Coastal State must submit to the Sec24 retary of Commerce an application demonstrating the con25 servation and protection needs of the Coastal State. Such
13

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1 application shall indicate how moneys received from that

2 portion of the fund would be used in accordance with the

3 allowable uses identified in this subsection. This applica4 tion shall be submitted as part of the plan required under

5 subsection (c)(6) and in accordance with the requirements

6 of that subsection.

7 ‘‘(4) In determining the allocation of moneys based

8 on demonstrated conservation and protection need as pro9 vided in subsection (c)(1)(C), priority shall be given to ac10 tivities and plans—

11 ‘‘(A) which support and are consistent with Na12 tional Estuary programs, National Estuarine Re13 search Reserve programs, the National Marine Sanc14 tuary Act, the Coastal Zone Management Act, and

15 other State or Federal laws governing the conserva16 tion or restoration of coastal or marine fish habitat;

17 ‘‘(B) which promote coastal conservation, res18 toration, or water quality protection on a watershed

19 or regional basis; or

20 ‘‘(C) which address coastal conservation needs

21 created by seasonal or otherwise transient fluctua22 tions in population in Coastal States.

23 ‘‘(5) Coastal States shall use moneys received under

24 this subsection only for—
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1 ‘‘(A) the conservation or protection of coastal

2 and marine habitats including wetlands, estuaries,

3 and coral reefs;

4 ‘‘(B) projects to remove abandoned vessels or

5 marine debris that may adversely affect coastal habi6 tat or living marine resources;

7 ‘‘(C) the reduction or monitoring of coastal pol8 luted runoff or other coastal contaminants;

9 ‘‘(D) addressing watershed protection including

10 conservation needs which cross jurisdictional bound11 aries;

12 ‘‘(E) the assessment, research, mapping and

13 monitoring of coastal and marine habitats.

14 ‘‘(F) addressing coastal conservation needs as15 sociated with seasonal or otherwise transient fluctua16 tions in coastal populations;

17 ‘‘(G) the establishment, monitoring or assess18 ment of marine protected areas.

19 ‘‘(6) To be eligible to receive moneys under this sub20 section, a Coastal State must submit to the Secretary of

21 Commerce a plan detailing the uses to which the Coastal

22 State will put all funds received under this subsection. The

23 plan shall be developed with public input, and must certify

24 that uses set forth in the plan comply with all applicable

25 Federal and State laws, including environmental laws.
15

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1 Each plan shall consider ways to use funds received under

2 this subsection to assist local governments, non-profit or3 ganizations, or public institutions with activities or pro4 grams consistent with this subsection.

5 ‘‘(7) No funds under this subsection shall be made

6 available to a Coastal State until the Secretary of Com7 merce has affirmatively found that all uses proposed by

8 a Coastal State are consistent with the purposes and re9 quirements of this subsection.

10 ‘‘(d) COOPERATIVE ENFORCEMENT USES.—(1) The

11 Governor of a State represented on an Interstate Fisheries

12 Commission may apply to the Secretary of Commerce for

13 execution of a cooperative enforcement agreement with the

14 Secretary of Commerce. Cooperative agreements between

15 the Secretary of Commerce and such States shall author16 ize the deputization of State law enforcement officers with

17 marine law enforcement responsibilities, to perform duties

18 of the Secretary of Commerce relating to any law enforce19 ment provision of any marine resource laws enforced by

20 the Secretary of Commerce, including the National Marine

21 Sanctuaries Act. Such cooperative enforcement agree22 ments shall be consistent with the purposes and intent of

23 section 311(a) of the Magnuson-Stevens Fishery Con24 servation and Management Act (16 U.S.C. 1861(a)), to

25 the extent applicable to the regulated activities, and may
16

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1 include specifications for joint management responsibil2 ities as provided by section 1 of Public Law 91–412 (15

3 U.S.C. 1525).

4 ‘‘(2) Upon receiving an application meeting the re5 quirements of this subsection, the Secretary of Commerce

6 shall enter into the cooperative enforcement agreement

7 with the requesting State.

8 ‘‘(3) Consistent with the fund amounts contained in

9 subsection (b)(2), The Secretary of Commerce shall in10 clude in each cooperative enforcement agreement an allo11 cation of funds to assist in management of the agreement.

12 The allocation shall be equitably distributed among all

13 States participating in cooperative enforcement agree14 ments under this subsection, based upon consideration of

15 the specific marine conservation enforcement needs of

16 each participating State. Such agreement may provide for

17 amounts to be withheld by the Secretary of Commerce for

18 the cost of any technical or other assistance provided to

19 the State by the Secretary of Commerce under the agree20 ment.

21 ‘‘(e) COOPERATIVE RESEARCH AND MANAGEMENT

22 USES.—(1) The Governor of any State represented on an

23 Interstate Marine Fishery Commission may apply to the

24 Secretary of Commerce for the execution of a research and

25 management agreement, on a sole source basis, for the
17

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1 purpose of undertaking eligible projects required for the

2 effective management of living marine resources of the

3 United States. Upon determining that the application

4 meets the requirements of this subsection, the Secretary

5 of Commerce shall enter into such agreement. Such agree6 ment may provide for amounts to be withheld by the Sec7 retary of Commerce for the cost of any technical or other

8 assistance provided to the State by the Secretary of Com9 merce under the agreement.

10 ‘‘(2) The Secretary of Commerce shall allocate to

11 States participating in a research and management agree12 ment under this subsection funds to assist in imple13 menting the agreement, consistent with the amounts avail14 able under subsection (b)(3).

15 ‘‘(3) For purposes of this subsection, eligible projects

16 are those which address critical needs identified in fishery

17 management reports or plans developed and approved by

18 a State, Marine Fisheries Commission, Regional Fishery

19 Management Council, or other regional or tribal entity,

20 charged with management and conservation of living ma21 rine resources, and that pertain to—

22 ‘‘(A) the collection and analysis of fishery data

23 and information, including data on landings, fishing

24 effort, biology, habitat, economics and social

25 changes, including those information needs identified
18

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1 pursuant to section 401 of the Magnuson-Stevens

2 Fishery Conservation and Management Act (16

3 U.S.C. 1881); or

4 ‘‘(B) the development of measures to promote

5 innovative or cooperative management of fisheries.

6 (4) ‘‘In making funds available under this subsection,

7 the Secretary of Commerce shall give priority to eligible

8 projects that meet any of the following criteria:

9 ‘‘(A) establishment of observer programs;

10 ‘‘(B) cooperative research projects developed

11 among States, academic institutions, and the fishing

12 industry, to obtain data or other information nec13 essary to meet national or regional management pri14 orities;

15 ‘‘(C) projects to reduce harvesting capacity per16 formed in a manner consistent with section 312(b)

17 of the Magnuson-Stevens Fishery and Conservation

18 Act (16 U.S.C. 1862(b));

19 ‘‘(D) projects designed to identify ecosystem

20 impacts of fishing, including the relationship be21 tween fishing harvest and marine mammal popu22 lation abundance; and

23 ‘‘(E) projects for the identification, conservation

24 or restoration of fish habitat.
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1 ‘‘(5) Within 90 days of enactment of this Act, the

2 Secretary of Commerce shall adopt procedures necessary

3 to implement this section.

4 ‘‘(f) CORAL REEF PROTECTION.—The Secretary of

5 Commerce shall use amounts provided in subsection (b)(4)

6 for the conservation and protection of coral reefs.

7 ‘‘(g) ANNUAL ACCOUNTING.—Not later than June 15

8 of each year, each Coastal State receiving moneys from

9 the fund shall account for all moneys so received for the

10 previous fiscal year in a written report to the Secretary

11 of Commerce. This report shall include a description of

12 all projects and activities receiving funds under this sec13 tion.

14 ‘‘(h) CONGRESSIONAL APPROVAL.—The Secretary of

15 Commerce shall transmit, as part of the annual budget

16 proposal, a priority list for allocations to Coastal States

17 under subsection (c)(1)(C), and subsections (d), (e), and

18 (f). Monies shall be made available from the fund 15 days

19 after the sine die adjournment of the Congress each year,

20 without further appropriation, for the projects identified

21 on the priority list, unless prior to such date, legislation

22 is enacted establishing a different priority list. If Congress

23 enacts legislation establishing an alternate priority list,

24 and such priority list funds less than the annual author25 ized funding amount identified in subsections (c)(3), (d),
20

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1 (e), or (f), the difference between the authorized funding

2 amount and the alternate priority list shall be available

3 for expenditure, without further appropriation, in accord4 ance with the priority list submitted by the Secretary.

5 ‘‘SEC. 32. COASTAL IMPACT ASSISTANCE.

6 ‘‘(a) DEFINITIONS.—In this section:

7 ‘‘(1) DISTANCE.—The term ‘distance’ means

8 minimum great circle distance, measured in statute

9 miles; and

10 ‘‘(2) PRODUCING COASTAL STATE.—The term

11 ‘Producing Coastal State’ means a Coastal State,

12 any portion of which lies within a distance of 200

13 miles from the geographic center of any leased tract

14 having an approved plan of development, and which

15 leased tract, as of January 1, 1999, was not covered

16 by a moratorium on leasing, unless the lease was

17 issued prior to the establishment of the moratorium

18 and was in production on January 1, 1999.

19 ‘‘(b) ESTABLISHMENT OF FUND.—(1) There is es20 tablished in the Treasury of the United States a fund

21 which shall be known as the ‘Outer Continental Shelf Im22 pact Assistance Fund’ (in this section referred to as the

23 ‘fund’). There shall be deposited into the fund in fiscal

24 year 2000 and each fiscal year thereafter $100,000,000

25 from qualified Outer Continental Shelf revenues for each
21

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1 leased tract or portion of a leased tract lying seaward of

2 the zone defined and governed by section 8(g), or lying

3 within that zone but to which section 8(g) does not apply.

4 Such moneys shall be used only to carry out the purposes

5 of this section.

6 ‘‘(2) Of the amounts in the fund, $100,000,000 shall

7 be available each fiscal year for obligation or expenditure

8 in accordance with this section. Such funds shall be made

9 available to the Secretary without further appropriation,

10 subject to the requirements of this section, and shall re11 main available until expended.

12 ‘‘(c) PAYMENT TO PRODUCING COASTAL STATES.—

13 ‘‘(1) Notwithstanding section 9, the Secretary

14 shall, without further appropriation, make payments

15 in each fiscal year to Producing Coastal States equal

16 to the amount deposited in the fund for the prior

17 fiscal year.

18 ‘‘(2) Such payments shall be allocated among

19 the Producing Coastal States as follows:

20 ‘‘(A) 25 percent of the funds shall be allo21 cated based on the ratio of the shoreline miles

22 of the Producing Coastal State to the shoreline

23 miles of all Producing Coastal States;

24 ‘‘(B) 25 percent of the funds shall be allo25 cated based on the ratio of the coastal popu-
22

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1 lation of the Producing Coastal State to the

2 coastal population of all Producing Coastal

3 States;

4 ‘‘(C) 50 percent of the funds shall be allo5 cated based upon the Outer Continental Shelf

6 oil and gas production offshore of such Pro7 ducing Coastal State. The allocation shall only

8 include qualified Outer Continental Shelf reve9 nues from any leased tract the geographic cen10 ter of which lies within a distance of 200 miles

11 from any portion of such Producing Coastal

12 State, but shall not include revenues from any

13 leased tract or portion of a leased tract which,

14 as of January 1, 1999, was covered by a mora15 torium on leasing, unless the lease was issued

16 prior to the establishment of the moratorium

17 and was in production on January 1, 1999.

18 Each Producing Coastal State’s allocable share

19 shall be inversely proportional to the distance

20 between the nearest port on the coastline of

21 such Producing Coastal State and the geo22 graphic center of each leased tract or portion of

23 the leased tract as determined by the Secretary.
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1 ‘‘(e) MINIMUM STATE SHARE.—The allocable share

2 of revenues for each Producing Coastal State shall not be

3 less than $2,000,000.

4 ‘‘(f) USES.—Producing Coastal States shall use mon5 eys received from the fund only to mitigate adverse envi6 ronmental impacts directly attributable to the development

7 of oil and gas resources of the Outer Continental Shelf.

8 ‘‘(g) STATE PLANS AND ANNUAL REPORT.—(1)

9 Prior to the receipt of funds pursuant to this section in

10 any fiscal year, a Producing Coastal State shall submit

11 to the Secretary a plan for the use of such moneys. The

12 plan shall be developed with public participation and in

13 accordance with all applicable State and Federal laws. The

14 Secretary shall make payments from the fund only upon

15 determining, in consultation with the Secretary of Com16 merce, that the State plan ensures that the Producing

17 Coastal State will use its allocated funds in a manner that

18 is consistent with the purposes of this section.

19 ‘‘(2) No later than June 15 of each year, each Pro20 ducing Coastal State receiving money from this fund shall

21 account for all moneys so received for the previous fiscal

22 year in a written report to the Secretary and the Secretary

23 of Commerce. The report shall include a description of all

24 projects and activities receiving funds under this section.’’.
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1 TITLE III—WILDLIFE CONSERVA2 TION AND RESTORATION

3 SEC. 301. SHORT TITLE.

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

5 and Restoration Act of 2000’’.

6 SEC. 302. FINDINGS.

7 The Congress finds and declares that—

8 (1) a diverse array of species of fish and wild9 life is of significant value to the Nation for many

10 reasons: aesthetic, ecological, educational, cultural,

11 recreational, economic, and scientific;

12 (2) the United States should retain for present

13 and future generations the opportunity to observe,

14 understand, and appreciate a wide variety of wildlife;

15 (3) millions of citizens participate in outdoor

16 recreation through hunting, fishing, and wildlife ob17 servation, all of which have significant value to the

18 citizens who engage in these activities;

19 (4) providing sufficient and properly maintained

20 wildlife associated recreational opportunities is im21 portant to enhancing public appreciation of a diver22 sity of wildlife and the habitats upon which they de23 pend;

24 (5) lands and waters which contain species nei25 ther classified as game nor identified as endangered
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1 or threatened can provide opportunities for wildlife

2 associated recreation and education such as hunting

3 and fishing permitted by applicable State or Federal

4 law;

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

6 years willingly paid user fees in the form of Federal

7 excise taxes on hunting and fishing equipment to

8 support wildlife diversity and abundance, through

9 enactment of the Federal Aid in Wildlife Restoration

10 Act (16 U.S.C. 1669 et seq.; commonly referred to

11 as the Pittman-Robertson Act), and the Federal Aid

12 in Sport Fish Restoration Act (16 U.S.C. 777 et

13 seq.; commonly referred to as the Dingell-Johnson

14 Act);

15 (7) State programs, adequately funded to con16 serve a broader array of wildlife in an individual

17 State and conducted in coordination with Federal,

18 State, tribal, and private landowners and interested

19 organizations, would continue to serve as a vital link

20 in a nationwide effort to restore game and nongame

21 wildlife, and the essential elements of such programs

22 should include conservation measures which manage

23 for a diverse variety of populations of wildlife; and

24 (8) cooperative conservation efforts aimed at

25 preventing species from becoming endangered will
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1 significantly benefit private landowners and other

2 citizens by responding to early warning signs of de3 cline in a flexible, incentive-based manner that mini4 mizes the social and economic costs often associated

5 with listing species as threatened or endangered; and

6 (9) it is proper for Congress to bolster and ex7 tend this highly successful program to aid game and

8 nongame wildlife in supporting the health and diver9 sity of habitat, as well as providing funds for con10 servation education.

11 SEC. 303. PURPOSES.

12 The purposes of this title are—

13 (1) to extend financial and technical assistance

14 to the States under the Federal Aid in Wildlife Res15 toration Act for the benefit of a diverse array of

16 wildlife and associated habitats, including species

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

18 of wildlife within the States while recognizing the

19 mandate of the States to conserve all wildlife;

20 (2) to assure sound conservation policies

21 through the development, revision and implementa22 tion of wildlife associated recreation and wildlife as23 sociated education and wildlife conservation law en24 forcement;
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1 (3) to encourage State fish and wildlife agencies

2 to create partnerships between the Federal Govern3 ment, other State agencies, wildlife conservation or4 ganizations, and outdoor recreation and conservation

5 interests through cooperative planning and imple6 mentation of this title; and

7 (4) to encourage State fish and wildlife agencies

8 to provide for public involvement in the process of

9 development and implementation of a wildlife con10 servation and restoration program.

11 SEC. 304. DEFINITIONS.

12 (a) REFERENCE TO LAW.—The term ‘‘Federal Aid

13 in Wildlife Restoration Act’’ means the Act of September

14 2, 1937 (16 U.S.C. 669 et seq.), commonly referred to

15 as the Federal Aid in Wildlife Restoration Act or the Pitt16 man-Robertson Act.

17 (b) WILDLIFE CONSERVATION AND RESTORATION

18 PROGRAM.—Section 2 of the Federal Aid in Wildlife Res19 toration Act (16 U.S.C. 669a) is amended by inserting

20 after ‘‘shall be construed’’ the first place it appears the

21 following: ‘‘to include the wildlife conservation and res22 toration program and’’.

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

24 in Wildlife Restoration Act (16 U.S.C. 669a) is further
28

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1 amended by inserting ‘‘or State fish and wildlife depart2 ment’’ after ‘‘State fish and game department’’.

3 (d) CONSERVATION.—Section 2 of the Federal Aid in

4 Wildlife Restoration Act (16 U.S.C. 669a) is further

5 amended by striking the period at the end thereof, sub6 stituting a semicolon, and adding the following: ‘‘the term

7 ‘conservation’ shall be construed to mean the use of meth8 ods and procedures necessary or desirable to sustain

9 healthy populations of wildlife including all activities asso10 ciated with scientific resources management such as re11 search, census, monitoring of populations, acquisition, im12 provement and management of habitat, live trapping and

13 transplantation, wildlife damage management, and peri14 odic or total protection of a species or population as well

15 as the taking of individuals within wildlife stock or popu16 lation if permitted by applicable State and Federal law;

17 the term ‘wildlife conservation and restoration program’

18 shall be construed to mean a program developed by a State

19 fish and wildlife department that the Secretary determines

20 meets the criteria in section 6(d), the projects that con21 stitute such a program, which may be implemented in

22 whole or part through grants and contracts by a State

23 to other State, Federal, or local agencies wildlife conserva24 tion organizations and outdoor recreation and conserva25 tion education entities from funds apportioned under this
29

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1 title, and maintenance of such projects; the term ‘wildlife’

2 shall be construed to mean any species of wild, free-rang3 ing fauna including fish, and also fauna in captive breed4 ing programs the object of which is to reintroduce individ5 uals of a depleted indigenous species into previously occu6 pied range; the term ‘wildlife-associated recreation’ shall

7 be construed to mean projects intended to meet the de8 mand for outdoor activities associated with wildlife includ9 ing, but not limited to, hunting and fishing, such projects

10 as construction or restoration of wildlife viewing areas, ob11 servation towers, blinds, platforms, land and water trails,

12 water access, trailheads, and access for such projects; and

13 the term ‘wildlife conservation education’ shall be con14 strued to mean projects, including public outreach, in15 tended to foster responsible natural resource steward16 ship.’’.

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

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

20 (1) by inserting at the beginning thereof the

21 following: ‘‘There shall be deposited into the Federal

22 Aid in Wildlife Restoration Fund (referred to as the

23 ‘fund’) in the Treasury: (1)’’; and

24 (2) by striking ‘‘shall,’’;
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1 (3) by inserting after ‘‘Internal Revenue Code

2 of 1954’’ the following: ‘‘; and (2) $350,000,000 in

3 fiscal year 2001 and each fiscal year thereafter from

4 qualified Outer Continental Shelf revenues (as that

5 term is defined in section 2(u) of the Outer Conti6 nental Shelf Land Act (43 U.S.C. 1331(u)) (as

7 amended by the Coastal Stewardship Act of

8 2000)).’’; and

9 (4) by striking ‘‘be covered into’’ and all that

10 follows through ‘‘is authorized’’ and inserting ‘‘Mon11 eys in the fund are authorized’’.

12 SEC. 305. SUBACCOUNTS.

13 Section 3 of the Federal Aid in Wildlife Restoration

14 Act (16 U.S.C. 669b) is further amended by adding at

15 the end the following:

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

17 Aid in Wildlife Restoration Fund in the Treasury to be

18 known as the ‘wildlife conservation and restoration ac19 count’ and the deposits each fiscal year to such account

20 shall be equal to the $350,000,000 referred to in sub21 section (a)(2). Amounts in such account shall be made

22 available without further appropriation, for apportionment

23 at the beginning of fiscal year 2001 and each fiscal year

24 thereafter to carry out State wildlife conservation and res25 toration programs.
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1 ‘‘(d) Funds covered into the wildlife conservation and

2 restoration account shall supplement, but not replace, ex3 isting funds available to the States from the sport fish

4 restoration and wildlife restoration accounts and shall be

5 used for the development, revision, and implementation of

6 wildlife conservation and restoration programs and should

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

8 of wildlife and associated habitats, with an emphasis on

9 species that are not hunted or fished, for wildlife conserva10 tion, wildlife conservation education, and wildlife-associ11 ated recreation projects. Such funds may be used for new

12 programs and projects as well as to enhance existing pro13 grams and projects.

14 ‘‘(e) Notwithstanding subsections (a) and (b), with

15 respect to the wildlife conservation and restoration ac16 count, so much of the appropriation apportioned to any

17 State for any fiscal year as remains unexpended at the

18 close thereof is authorized to be made available for ex19 penditure in that State until the close of the fourth suc20 ceeding fiscal year. Any amount apportioned to any State

21 under this subsection that is unexpended or unobligated

22 at the end of the period during which it is available for

23 expenditure on any project is authorized to be reappor24 tioned to all States during the succeeding fiscal year.’’.
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1 SEC. 306. ALLOCATION OF SUBACCOUNT RECEIPTS.

2 Section 4 of the Federal Aid in Wildlife Restoration

3 Act (16 U.S.C. 669c) is amended by adding the following:

4 ‘‘(c)(1) Notwithstanding subsection (a), not more

5 than 2 percent of the revenues deposited into the wildlife

6 conservation and restoration account in each fiscal year

7 as the Secretary of the Interior may estimate to be nec8 essary for expenses in the administration and execution

9 of programs carried out under the wildlife conservation

10 and restoration account shall be deducted for that pur11 pose, and such amount is authorized to be made available

12 therefor until the expiration of the next succeeding fiscal

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

14 the Secretary shall apportion any portion thereof as re15 mains unexpended, if any, on the same basis and in the

16 same manner as is provided under paragraphs (2) and (3).

17 ‘‘(2) The Secretary, after making the deduction

18 under paragraph (1), shall make the following apportion19 ment from the amount remaining in the wildlife conserva20 tion and restoration account:

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

22 Commonwealth of Puerto Rico, each a sum equal to

not more than 1 23 ⁄2 of 1 percent thereof; and

24 ‘‘(B) to Guam, American Samoa, the Virgin Is25 lands, and the Commonwealth of the Northern Mar-
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iana Islands, each a sum equal to not more than 1 1 ⁄6

2 of 1 percent thereof.

3 ‘‘(3) The Secretary, after making the deduction

4 under paragraph (1) and the apportionment under para5 graph (2), shall apportion the remaining amount in the

6 wildlife conservation and restoration account for each year

7 among the States in the following manner:

8 ‘‘(A) one-third of which is based on the ratio to

9 which the land area of such State bears to the total

10 land area of all such States; and

11 ‘‘(B) two-thirds of which is based on the ratio

12 to which the population of such State bears to the

13 total population of all such States.

14 ‘‘(4) The amounts apportioned under this paragraph

15 shall be adjusted equitably so that no such State shall be

apportioned a sum which is less than 1 16 ⁄2 of 1 percent of

17 the amount available for apportionment under this para18 graph for any fiscal year or more than 5 percent of such

19 amount.

20 ‘‘(d) WILDLIFE CONSERVATION AND RESTORATION

21 PROGRAM.—(1) Any State, through its fish and wildlife

22 department, may apply to the Secretary for approval of

23 a wildlife conservation and restoration program or for

24 funds to develop a program, which shall—
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1 ‘‘(A) contain provision for vesting in the fish

2 and wildlife department of overall responsibility and

3 accountability for development and implementation

4 of the program; and

5 ‘‘(B) contain provision for development and im6 plementation of—

7 ‘‘(i) wildlife conservation projects which ex8 pand and support existing wildlife programs to

9 meet the needs of a diverse array of wildlife

10 species, including a wildlife strategy as set forth

11 in subsection (e),

12 ‘‘(ii) wildlife associated recreation pro13 grams, including provisions for non-motorized

14 public access to public lands, and

15 ‘‘(iii) wildlife conservation projects; and

16 ‘‘(C) contain provisions for public participation

17 in the development, revision, and implementation of

18 projects and programs stipulated in subparagraph

19 (B) of this subsection.

20 ‘‘(2) If the Secretary finds that an application for

21 such program contains the elements specified in subpara22 graphs (A), (B), and (C) of paragraph (1), the Secretary

23 shall approve such application and set aside from the ap24 portionment to the State made pursuant to section 4(c)

25 an amount that shall not exceed 90 percent of the esti-
35

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1 mated cost of developing and implementing segments of

2 the program for the first 5 fiscal years following enact3 ment of this subsection and not to exceed 75 percent

4 thereafter. Not more than 10 percent of the amounts ap5 portioned to each State from this subaccount for the

6 State’s wildlife conservation and restoration program may

7 be used for law enforcement. Following approval, the Sec8 retary may make payments on a project that is a segment

9 of the State’s wildlife conservation and restoration pro10 grams as the project progresses but such payments, in11 cluding previous payments on the project, if any, shall not

12 be more than the United States pro rata share of such

13 project. The Secretary, under such regulations as he may

14 prescribe, may advance funds representing the United

15 States pro rata share of a project that is a segment of

16 a wildlife conservation and restoration program, including

17 funds to develop such program. For purposes of this sub18 section, the term ‘State’ shall include the District of Co19 lumbia, the Commonwealth of Puerto Rico, the United

20 States Virgin Islands, Guam, America Samoa, and the

21 Commonwealth of the Northern Mariana Islands.

22 ‘‘(e) WILDLIFE CONSERVATION STRATEGY.—Any

23 state that receives an apportionment pursuant to section

24 4(c) shall within five years of the date of the initial appor25 tionment develop and begin implementation of a wildlife
36

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1 conservation strategy based upon the best scientific infor2 mation and data available that—

3 ‘‘(1) integrates available information on the dis4 tribution and abundance of species of wildlife, in5 cluding low population and declining species as the

6 State fish and wildlife department deems appro7 priate, that exemplify and are indicative of the diver8 sity and health of wildlife of the State;

9 ‘‘(2) identifies the extent and condition of habi10 tats and community types essential to conservation

11 of species identified under paragraph (1);

12 ‘‘(3) identifies the problems which may ad13 versely affect the species identified under paragraph

14 (1) or their habitats, and provides for research to

15 identify factors which may assist in restoration and

16 more effective conservation of such species and their

17 habitats;

18 ‘‘(4) determines those actions which should be

19 taken to conserve the species identified under para20 graph (1) in their habitats, and establishes priorities

21 for implementing such conservation actions;

22 ‘‘(5) provides for periodic monitoring of species

23 identified under paragraph (1) and their habitats

24 and the effectiveness of the conservation actions de25 termined under paragraph (4), and for adapting
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1 conservation actions as appropriate to respond to

2 new information or changing conditions;

3 ‘‘(6) provides for the review of the State wildlife

4 conservation strategy and, if appropriate, revision at

5 intervals of not more than ten years;

6 ‘‘(7) provides for coordination by the State fish

7 and wildlife department, during the development,

8 implementation, review, and revision of the wildlife

9 conservation strategy, with Federal, State, and local

10 agencies and Indian tribes that manage significant

11 areas of land or water within the State, or admin12 ister programs that significantly affect the conserva13 tion of species identified under paragraph (1) or

14 their habitats.’’.

15 SEC. 307. FACA.

16 Coordination with State fish and wildlife department

17 personnel or with personnel of other State agencies pursu18 ant to the Federal Aid in Wildlife Restoration Act or the

19 Federal Aid in Sport Fish Restoration Act shall not be

20 subject to the Federal Advisory Committee Act (5 U.S.C.

21 App.). Except for the preceding sentence, the provisions

22 of this title relate solely to wildlife conservation and res23 toration programs as defined in this title and shall not

24 be construed to affect the provisions of the Federal Aid

25 in Wildlife Restoration Act relating to wildlife restoration
38

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1 projects or the provisions of the Federal Aid in Sport Fish

2 Restoration Act relating to fish restoration and manage3 ment projects.

4 SEC. 308. LAW ENFORCEMENT.

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

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

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

8 thereof: ‘‘, except that not more than 5 percent of the

9 funds available from this subaccount for a State wildlife

10 conservation and restoration program may be used for law

11 enforcement through existing State programs’’.

12 SEC. 309 PROHIBITION AGAINST DIVERSION.

13 No designated State agency shall be eligible to

14 receive matching funds under this Act if sources of rev15 enue available to it on January 1, 1998, for conservation

16 of wildlife are diverted for any purpose other than the ad17 ministration of the designated State agency, it being the

18 intention of Congress that funds available to States

19 under this Act be added to revenues from existing State

20 sources and not serve as a substitute for revenues from

21 such sources. Such revenues shall include interest, divi22 dends, or other income earned on the foregoing.
39

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1 TITLE IV—ENDANGERED AND

2 THREATENED SPECIES HABI3 TAT PROTECTION

4 SEC. 401. ENDANGERED AND THREATENED SPECIES RE5 COVERY FUND.

6 (A) DEFINITIONS.—As used in this section—

7 (1) the term ‘‘recovery agreements’’ means En8 dangered and Threatened Species Recovery Agree9 ments entered into by the Secretary under sub10 section (e); and

11 (2) the term ‘‘Secretary’’ means the Secretary

12 of the Interior.

13 (b) ESTABLISHMENT.—There is established in the

14 Treasury of the United States a fund that shall be known

15 as the ‘‘Endangered and Threatened Species Recovery

16 Fund’’ (in this section referred to as the ‘‘fund’’). There

17 shall deposit into the fund $50,000,000 in fiscal year 2001

18 and each fiscal year thereafter from qualified Outer Conti19 nental Shelf revenues (as that term is defined in section

20 2(u) of the Outer Continental Shelf Lands Act (43 U.S.C.

21 1331(u)) (as amended by the Coastal Stewardship Act of

22 2000)). Such moneys shall be used only to carry out the

23 purposes of this section.

24 (c) EXPENDITURES.—Of the amounts in the fund,

25 $50,000,000 shall be available each fiscal year to the Sec-
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1 retary of the Interior for obligation or expenditure in ac2 cordance with this section. Such funds shall be made avail3 able without further appropriation, subject to the require4 ments of this section, and shall remain available until ex5 pended.

6 (d) FINANCIAL ASSISTANCE.—(1) The Secretary of

7 the Interior may use amounts in the fund to provide finan8 cial assistance to any person for the development of recov9 ery agreements.

10 (2) In providing assistance under this section, the

11 Secretary shall give priority to the development and imple12 mentation of recovery agreements that—

13 (A) implement actions identified under recovery

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

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

16 1533(f));

17 (B) have the greatest potential for contributing

18 to the recovery of an endangered or threatened spe19 cies; and

20 (C) to the extent practicable, require the assist21 ance of private landowners or the owners or opera22 tors of family farms.

23 (e) PROHIBITION OF ASSISTANCE FOR REQUIRED

24 ACTIVITIES.—The Secretary may not provide financial as25 sistance under this section for any action that is required
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1 by a permit issued under the Endangered Species Act of

2 1973 (16 U.S.C. 1531 et seq.) or that is otherwise re3 quired under the Act or any other Federal law.

4 (f) ENDANGERED AND THREATENED SPECIES RE5 COVERY AGREEMENTS.—The Secretary is authorized to

6 enter into Endangered and threatened Species Recovery

7 Agreements in accordance with this section. The purpose

8 of such recovery agreements shall be to provide voluntary

9 incentives for landowners to take actions to contribute to

10 the recovery of endangered or threatened species. Each re11 covery agreement shall—

12 (1) require the person—

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

14 leased by such person activities that are not

15 otherwise required by law and that contribute

16 to the recovery of an endangered or threatened

17 species; and

18 (B) to refrain from carrying out on real

19 property owned or leased by such person other20 wise lawful activities that would inhibit the re21 covery of a threatened or endangered species;

22 (2) describe the real property referred to in

23 paragraph (1);

24 (3) specify species recovery goals for the agree25 ment and measures for attaining such goals;
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1 (4) establish a schedule for the implementation

2 of the recovery agreement; and

3 (5) specify how the recovery agreement will be

4 monitored to assess the effectiveness in attaining the

5 species recovery goals.

6 TITLE V—HISTORIC

7 PRESERVATION FUND

8 SEC. 501. HISTORIC PRESERVATION FUND AMENDMENTS.

9 Section 108 of the National Preservation Act (16

10 U.S.C. 470h) is amended—

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

12 of the first paragraph;

13 (2) by inserting ‘‘(b)’’ before the first sentence

14 of the second paragraph;

15 (3) by adding at the end thereof the following

16 new subsections:

17 ‘‘(c) There shall be deposited into the fund

18 $150,000,000 in fiscal year 2001 and each fiscal year

19 thereafter from qualified Outer Continental Shelf revenues

20 (as that term is defined in section 2(u) of the Outer Conti21 nental Shelf Lands Act (43 U.S.C. 1331(u)) (as amended

22 by the Coastal Stewardship Act of 2000)). Such moneys

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

24 ‘‘(d)(1) Of the amounts in the fund, $150,000,000

25 shall be available each fiscal year for obligation or expendi-
43

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1 ture in accordance with paragraph (2). Such funds shall

2 be made available without further appropriation, subject

3 to the requirements of this Act, and shall remain available

4 until expended.

5 ‘‘(2) Of the amounts made available each fiscal

6 year—

7 ‘‘(A) not less than $75,000,000 shall be avail8 able for State, local governmental, and tribal historic

9 preservation programs as provided in subsections

10 101(b), (c), and (d) of this Act; and

11 ‘‘(B) $15,000,000 shall be available to the

12 American Battlefield Protection Program (section

13 604 of Public Law 104–333; 16 U.S.C. 469k) for

14 the protection of threatened battlefields; and

15 ‘‘(C) the remainder shall be available for the

16 matching grant programs authorized in section

17 101(e) of this Act: Provided, That not less than 50

18 percent of the amounts made available shall be used

19 for preservation projects on historic properties in ac20 cordance with this Act, with priority given to the

21 preservation of endangered historic properties.

22 ‘‘(e)(1) The President shall transmit, as part of the

23 annual budget proposal, a list of matching grant programs

24 to be funded and additional funding amounts, if any, for

25 State, local governmental, and tribal historic programs.
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1 Funds shall be made available from the Historic Preserva2 tion Fund, without further appropriation, 15 days after

3 the date the Congress adjourns sien die each year, for the

4 programs identified by the President to be funded, unless

5 prior to such date, legislation is enacted establishing fund6 ing, for other specific programs authorized in this Act.

7 ‘‘(2) If the list of programs approved by Congress

8 funds less than the annual authorized funding amount, the

9 remainder shall be available for expenditure, without fur10 ther appropriation, in accordance with the list of programs

11 submitted by the President.

12 ‘‘(3) If the President recommends additional funding

13 for State, local government, or tribal historic preservation

14 programs, priority shall be given to the preservation of en15 dangered historic properties.’’.

16 SEC. 502. AMERICAN BATTLEFIELD PROTECTION PROGRAM

17 AMENDMENTS.

18 The American Battlefield Act of 1996 (section 604

19 of Public Law 1045–333; 16 U.S.C. 469k) is amended as

20 follows:

21 (1) in subsection (c)(2) by adding the following

22 sentence at the end thereof: ‘‘Priority for financial

23 assistance for the preservation of Civil War Battle24 fields shall be given to sites identified as Priority 1

25 battlefields in the 1993 ‘‘Civil War Sites Advisory
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1 Commission Report on the Nation’s Civil War Bat2 tlefields’’;

3 (2) by amending subsection (d) to read as fol4 lows:

5 ‘‘(d) FUNDING AUTHORITY.—Of amounts in the His6 toric Preservation Fund, $15,000,000 shall be available

7 each year for obligation or expenditure for the protection

8 of threatened battlefields in accordance with this title.

9 Such funds shall be available without further appropria10 tion, and shall remain available until expended.’’.

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

12 TITLE VI—NATURAL RESOURCE

13 RESTORATION PROGRAMS

14 SEC. 601. NATIONAL PARK SYSTEM RESOURCE PROTEC15 TION.

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

17 Treasury of the United States a fund that shall be known

18 as the ‘‘National Park System Resource Protection Fund’’

19 (in this title referred to as the ‘‘fund’’). There shall be

20 deposited into the fund $150,000,000 in fiscal year 2001

21 and each fiscal year thereafter from qualified Outer Conti22 nental Shelf revenues (as that term is defined in section

23 2(u) of the Outer Continental Shelf Lands Act (43 U.S.C.

24 1331(u)) (as amended by the Coastal and Marine Re-
46

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1 sources Enhancement Act of 2000)). Such moneys shall

2 be used only to carry out the purposes of this section.

3 (b) EXPENDITURES.—(1) Of the amounts in the

4 fund, $150,000,000 shall be available each fiscal year to

5 the Secretary of the Interior for obligation or expenditure

6 in accordance with this section. Such funds shall be made

7 available without further appropriation, subject to the re8 quirements of this section, and shall remain available until

9 expended.

10 (2) Amounts in the fund shall only be used to protect

11 significant natural, cultural or historical resources at units

12 of the National park System that are—

13 (A) threatened by activities occurring inside or

14 outside park boundaries; or

15 (B) in need of stabilization or restoration.

16 (3) The Secretary is authorized to enter into coopera17 tive agreements with State and local governments and

18 other public and private organizations to carry out the

19 purposes of this section.

20 (4) No funds made available by this section shall be

21 used for—

22 (A) acquisition of lands or interests therein;

23 (B) salaries of National Park Service perma24 nent employees;

25 (C) construction of roads;
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1 (D) construction of new visitor centers;

2 (E) routine maintenance activities; or

3 (F) specific projects which are funded by the

4 Recreational Fee Demonstration Program (section

5 315 of Public Law 104–134; 16 U.S.C. 460l (note)).

6 (5)(A) The Secretary of the Interior shall prepare,

7 as part of the annual budget proposal, a priority list for

8 projects to be funded under this section. Moneys shall be

9 made available from the fund, without further appropria10 tion, 15 days after the date the Congress adjourns sine

11 die each year, for the projects identified on the priority

12 list, unless prior to such date, legislation is enacted estab13 lishing a different priority list.

14 (B) In preparing the list of projects to be funded

15 under this section, the Secretary of the Interior shall give

16 priority to projects that—

17 (i) are identified in the park unit’s general

18 management plan;

19 (ii) are included in authorized environmental

20 restoration projects; or

21 (iii) are identified by the Secretary of the Inte22 rior as necessary to prevent immediate damage to a

23 park unit’s natural, cultural, or historical resources.

24 (C) If Congress enacts legislation establishing an al25 ternate priority list, and such priority list funds less than
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1 the annual authorized funding amount identified in sub2 section (b)(1), the difference between the authorized fund3 ing amount and the alternate priority list shall be available

4 for expenditure, without further appropriation, in accord5 ance with the priority list submitted by the Secretary of

6 the Interior.

7 SEC. 602. CORAL REEF RESOURCE CONSERVATION FUND.

8 (a) ESTABLISHMENT OF FUND.—There is estab9 lished in the Treasury of the United States a fund that

10 shall be known as the ‘‘Coral Reef Resources Restoration

11 Fund’’ (in this section referred to as the ‘‘fund’’). There

12 shall be deposited into the fund $15,000,000 in fiscal year

13 2000 and each fiscal year thereafter from qualified Outer

14 Continental Shelf revenues (as that term is defined in sec15 tion 2 of the Outer Continental Shelf Lands Act (43

16 U.S.C. 1331) (as amended by the Coastal and Marine Re17 sources Enhancement Act of 1999)). Such moneys shall

18 be used only to carry out the purposes of this section.

19 (b) EXPENDITURES.—(1) Of the amounts in this

20 fund, $15,000,000 shall be available each fiscal year to

21 the Secretary of the Interior for obligation or expenditure

22 in accordance with this section, and shall remain available

23 until expended.

24 (2)(A) the Secretary shall prepare, as part of the an25 nual budget proposal, a priority list for projects to be
49

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1 funded under this section. Monies shall be made available

2 from the fund, without further appropriation, 15 days

3 after the date the Congress adjourns sine die for each

4 year, for the projects identified on that priority list, unless

5 prior to such date, legislation is enacted establishing a dif6 ferent priority list.

7 (B) If Congress enacts legislation establishing an al8 ternate priority list, and such priority list funds less than

9 the annual authorized funding amount identified in sub10 section (b)(1), the difference between the authorized fund11 ing amount and the alternate priority list shall be available

12 for expenditure, without further appropriation, in accord13 ance with the priority list submitted by the Secretary.

14 (c) DEFINITIONS.—As used in this section—

15 (1) the term ‘‘coral reef’’ means species (includ16 ing reef plants and coralline algae), habitats, and

17 other natural resources associated with any reefs or

18 shoals composed primarily of corals within all mari19 time areas and zones subject to the jurisdiction of

20 the Secretary of the Interior, including in the south

21 Atlantic, Caribbean, Gulf of Mexico, and pacific

22 Ocean;

23 (2) the term ‘‘coral’’ means species of the phy24 lum Cnidaria, including—
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1 (A) all species of the orders Antipatharia

2 (black corals), Scleractinia (stony corals),

3 Gorgonacea (horny corals), Stlolnifea

4 (organpipe corals and others), Alcyanacea (soft

5 corals), and Coenothecalia (blue corals), of the

6 class Anthozoa; and

7 (B) all species of the order Hydrocoralline

8 (fire corals and hydrocorals), of the class

9 Hydroza;

10 (3) the term ‘‘Secretary’’ means the Secretary

11 of the Interior;

12 (4) the term ‘‘coral reef conservation project’’

13 means activities that contribute to or result in pre14 serving, sustaining or enhancing coral reef eco15 systems as healthy, diverse and viable ecosystems,

16 including—

17 (A) actions to enhance or improve resource

18 management of coral reefs, such as assessment,

19 scientific research, protection, restoration and

20 mapping;

21 (B) habitat monitoring and species surveys

22 and monitoring;

23 (C) activities necessary for planning and

24 development of strategies for coral reef manage25 ment;
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1 (D) community outreach and education on

2 coral reef importance and conservation; and

3 (E) activities in support of the enforcement

4 of laws relating to coral reefs; and

5 (5) the term ‘‘coral reef task force’’ means the

6 task force established under Executive Order 13089

7 (June 11, 1998).

8 (d) CORAL REEF CONSERVATION PROGRAM.—(1)

9 The Secretary shall provide grants of financial assistance

10 for coral reef conservation projects on areas under the ju11 risdiction of the Department of the Interior in accordance

12 with this section.

13 (2)(A) Except as provided in subparagraph (B), Fed14 eral funds for any coral reef conservation project under

15 this section may not exceed 75 percent of the total cost

16 of such project. For purposes of this paragraph, the non17 Federal share of project costs may be provided in in-kind

18 contributions or other non-cash support.

19 (B) The Secretary may waive all or part of the

20 matching fund requirement under paragraph (A) if the

21 project costs are $25,000 or less.

22 (3) Any relevant natural resource management au23 thority of a Sate or territory of the United States, or other

24 government authority with jurisdiction over coral reefs or

25 whose activities affect coral reefs, or educational or non-
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1 governmental institutions or organizations with dem2 onstrated expertise in marine science or the conservation

3 of coral reefs, may submit a proposal for funding to the

4 Secretary.

5 (4) The Secretary shall ensure that financial assist6 ance provided under subsection (a) is distributed so that—

7 (A) not less than 40 percent of the funds avail8 able are awarded for conservation projects in the Pa9 cific Ocean;

10 (B) not less than 40 percent of the funds are

11 awarded for coral reef restoration and conservation

12 projects in the Atlantic, Gulf of Mexico and Carib13 bean Sea; and

14 (C) remaining funds are awarded for coral reef

15 project that address emerging priorities or threats

16 identified by the Secretary in consultation with the

17 Coral Reef Task Force.

18 (5) After consultation with the Coral Reef Task

19 Force, States and territories, regional and local entities,

20 and non-governmental organizations involved in coral and

21 marine conservation, the Secretary shall identify—

22 (A) site-specific threats and constraints, and

23 (B) comprehensive threats known to affect coral

24 reef ecosystems in the national parks, refuges, terri25 tories and possessions to be used in establishing
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1 funding priorities for grants issued under subsection

2 (a).

3 (6) The Secretary shall review and rank final coral

4 reef conservation project proposals according to the cri5 teria set out in subsection (d)(7).

6 (A) For projects costing $25,000 or greater,

7 the Secretary shall provide for the merit-based peer

8 review of the proposal and require standardized doc9 umentation of that peer review;

10 (B) As part of the peer review process for indi11 vidual grants, the Secretary shall also request writ12 ten comments from the appropriate bureaus or de13 partments of State or territorial governments, or

14 other governmental jurisdiction, where the project is

15 proposed to be conducted.

16 (7) The Secretary shall evaluate final project pro17 posals based on the degree to which the project will—

18 (A) promote the long-term protection, conserva19 tion, restoration or enhancement of coral reef eco20 systems within or adjoining areas under the jurisdic21 tion of the Department of the Interior;

22 (B) promote cooperative conservation projects

23 with local communities, non-governmental organiza24 tions, educational or private institutions; or local af25 fected governments, territories or insular areas;
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1 (C) enhance public knowledge and awareness of

2 coral reef resources and sustainable use through

3 education and outreach;

4 (D) develop sound scientific information on the

5 condition of coral reef ecosystems or the threats to

6 such ecosystems, through mapping, monitoring, re7 search and analysis; and

8 (E) enhance compliance with laws relating to

9 coral reefs.

10 (8) Within 180 days after the enactment of this Act,

11 the Secretary shall promulgate guidelines and require12 ments for implementing this section, including the require13 ments for project proposals.

14 (A) In developing guidelines and requirements,

15 the Secretary shall consult with the Coral Reef Task

16 Force, interested States, regional and local entities,

17 and non-governmental organizations.

18 TITLE VII—URBAN PARK AND

19 FORESTRY PROGRAMS

20 SEC. 701. URBAN PARK AND RECREATION RECOVERY

21 FUND.

22 Section 1013 of the Urban Park and Recreation Re23 covery Act of 1978 (title X of Public Law 95–625; 16

24 U.S.C. 2512) is amended to read as follows:
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1 ‘‘(a) There is established in the Treasury of the

2 United States a fund that shall be known as the ‘Urban

3 Park and Recreation Recovery Fund’ (referred to as the

4 ‘fund’). There shall deposited into the fund $75,000,000

5 in fiscal year 2001 and each fiscal year thereafter from

6 qualified Outer Continental Shelf revenues (as that term

7 is defined in section 2(u) of the Outer Continental Shelf

8 Lands Act (43 U.S.C. 1331(u)) (as amended by the Coast9 al Stewardship Act of 2000)). Such moneys shall be used

10 only to carry out the purposes of this Act.

11 ‘‘(b)(1) Of the amounts in the fund, $75,000,000

12 shall be available each fiscal year for obligation or expendi13 ture in accordance with this Act. Such funds shall be made

14 available without further appropriation, subject to the re15 quirements of this Act, and shall remain available until

16 expended.

17 ‘‘(2) Not more than 3 percent of the funds made

18 available in any fiscal year may be used for grants for

19 the development of local park and recreation recovery pro20 grams pursuant to subsection 1007(a) and (c) of this Act.

21 ‘‘(3) Not more than 10 percent of the funds made

22 available in any fiscal year may be used for innovation

23 grants pursuant to section 1006 of this act.
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1 ‘‘(4) Note more than 15 percent of the funds made

2 available in any fiscal year may be provided as grants, in

3 the aggregate, for projects in any one State.’’.

4 SEC. 702. URBAN AND COMMUNITY FORESTRY ASSISTANCE

5 FUND.

6 Section 9(i) of the Cooperative Forestry Assistance

7 Act of 1978 (Public Law 95–313; 16 U.S.C. 2101(note))

8 is amended to read as follows:

9 ‘‘(a) There is established in the Treasury of the

10 United States a fund that shall be known as the ‘Urban

11 and Community Forestry Assistance Fund’ (referred to as

12 the ‘fund’). There shall be deposited into the fund

13 $50,000,000 in fiscal year 2001 and each fiscal year

14 thereafter from qualified Outer Continental Shelf revenues

15 (as that term is defined in section 2(u) of the Outer Conti16 nental Shelf Lands Act (43 U.S.C. 1331(u)) (as amended

17 by the Coastal Stewardship Act of 2000)). Such moneys

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

19 ‘‘(b) Of the amounts in the fund, $50,000,000 shall

20 be available each fiscal year for obligation or expenditure

21 in accordance with this Act. Such funds shall be made

22 available without further appropriation, subject to the re23 quirements of this Act, and shall remain available until

24 expended.’’.
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1 TITLE VIII—CONSERVATION

2 EASEMENTS

3 SEC. 801. FOREST LEGACY FUND.

4 Section 7(l) of the Cooperative Forestry Assistance

5 Act of 1978 (Public Law 95–313; 16 U.S.C. 2101 (note))

6 is amended to read as follows:

7 ‘‘(a) There is established in the Treasury of the

8 United States a fund that shall be known as the ‘Forest

9 Legacy Fund’ (referred to as the ‘fund’). There shall be

10 deposited into the fund $50,000,000 in fiscal year 2001

11 and each fiscal year thereafter from qualified Outer Conti12 nental Shelf revenues (as that term is defined in section

13 2(u) of the Outer Continental Shelf Lands Act (43 U.S.C.

14 1331(u)) (as amended by the Coastal Stewardship Act of

15 2000)). Such moneys shall be used only to carry out the

16 purposes of this Act.

17 ‘‘(b) Of the amounts in the fund, $50,000,000 shall

18 be available each fiscal year to the Secretary of Agri19 culture for obligation or expenditure in accordance with

20 this Act. Such funds shall be made available without fur21 ther appropriation, subject to the requirements of this Act,

22 and shall remain available until expended.’’.

23 SEC. 802. FARMLAND PROTECTION PROGRAM.

24 Section 388(c) of Public Law 104–127 (16 U.S.C.

25 3831 (note)) is amended to read as follows:
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1 ‘‘(a) There is established in the Treasury of the

2 United States a fund that shall be known as the ‘Farm3 land Protection Fund’ (referred to as the ‘fund’). There

4 shall be deposited into the fund $50,000,000 in fiscal year

5 2001 and each fiscal year thereafter from qualified Outer

6 Continental Shelf revenues (as that term is defined in sec7 tion 2(u) of the Outer Continental Shelf Lands Act (43

8 U.S.C. 1331(u)) (as amended by the Coastal Stewardship

9 Act of 2000)). Such moneys shall be used only to carry

10 out the purposes of this Act.

11 ‘‘(b) Of the amounts in the fund, $50,000,000 shall

12 be available each fiscal year to the Secretary of Agri13 culture for obligation or expenditure in accordance with

14 this Act. Such funds shall be made available without fur15 ther appropriation, subject to the requirements of this Act,

16 and shall remain available until expended.’’.

17 SEC. 803. RANCHLAND PROTECTION.

18 (a) ESTABLISHMENT OF RANCHLAND PROTECTION

19 FUND.—There is established in the Treasury of the

20 United States a fund that shall be known as the ‘‘Ranch21 land Protection Fund’’ (in this section referred to as the

22 ‘‘fund’’). There shall be deposited into the fund

23 $50,000,000 in fiscal year 2001 and each fiscal year

24 thereafter from qualified Outer Continental Shelf revenues

25 (as that term is defined in section 2(u) of the Outer Conti-
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1 nental Shelf Lands Act (43 U.S.C. 1331(u)) (as amended

2 by the Coastal Stewardship Act of 2000)). Such moneys

3 shall be used only to carry out the purposes of this section.

4 (b) EXPENDITURES.—Of the amounts in the fund,

5 $50,000,000 shall be available each fiscal year to the Sec6 retary of the Interior for obligation or expenditure in ac7 cordance with this section. Such funds shall be made avail8 able without further appropriation, subject to the require9 ments of this section, and shall remain available until ex10 pended.

11 (c) RANCHLAND PROTECTION PROGRAM.—(1) The

12 Secretary of the Interior shall establish and carry out a

13 program, to be known as the ‘‘Ranchland Protection Pro14 gram’’, under which the Secretary shall provide grants

15 from the Ranchland Protection Fund to State or local gov16 ernmental agencies, Indian tribes or appropriate non-prof17 it organizations to provide the Federal share of the cost

18 of purchasing permanent conservation easements on

19 ranchland, for the purpose of protecting the continued use

20 of the land as ranchland or open space and preventing

21 its conversion to non-agricultural or open space uses.

22 (2) No funds made available under this section may

23 be used to acquire any interest in land without the consent

24 of the owner thereof.
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1 (3) The holder of a conservation easement described

2 in paragraph (1) may enforce the conservation require3 ments of the easement.

4 (4) Prior to making funds available for a grant under

5 this section, the Secretary of the Interior shall receive cer6 tification from the Attorney General of the State in which

7 the conservation easement is to be purchased that the con8 servation easement is in a form that is sufficient, under

9 the laws of that State, to achieve the purpose of the

10 Ranchland Protection Program and the terms and condi11 tions of the grant.

12 (5) For the purposes of this section, the term ‘‘ranch

13 land’’ means private or tribally owned range land, pasture

14 land, grazed forest land, and hay land.

15 TITLE IX—NATURAL RESOURCE

16 COMMUNITY INVESTMENT

17 PROGRAMS

18 SEC. 901. YOUTH CONSERVATION CORPS FUND.

19 Section 106 of the Youth Conservation Corps Act of

20 1970 (Public Law 91–378; 16 U.S.C. 1706) is amended

21 to read as follows:

22 ‘‘(a) There is established in the Treasury of the

23 United States a fund that shall be known as the ‘Youth

24 Conservation Corps Fund’ (in this section referred to as

25 the ‘fund’). There shall be deposited into the fund
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1 $60,000,000 in fiscal year 2001 and each fiscal year

2 thereafter from qualified Outer Continental Shelf revenues

3 (as that term is defined in section 2(u) of the Outer Conti4 nental Shelf Lands Act (43 U.S.C. 1331(u)) (as amended

5 by the Coastal Stewardship Act of 2000)). Such moneys

6 shall be used only to carry out the purposes of title I and

7 II of this Act.

8 ‘‘(b) Of the amounts in the fund, $60,000,000 shall

9 be available each fiscal year for obligation or expenditure

10 in accordance with titles I and II of this Act. Such funds

11 shall be made available to the Secretary of Agriculture and

12 the Secretary of the Interior, without further appropria13 tion, subject to the requirements of titles I and II of this

14 Act, and shall remain available until expended.’’.

15 SEC. 902. FOREST SERVICE RURAL COMMUNITY ASSIST16 ANCE.

17 (a) RURAL DEVELOPMENT PROGRAM.—The Cooper18 ative Forestry Assistance Act of 1978 (Public Law 95–

19 313; 16 U.S.C. 2101 (note)) is amended by adding the

20 following new section:

21 ‘‘SEC. 21. RURAL DEVELOPMENT.

22 ‘‘(a) The Secretary shall conduct a Rural Develop23 ment program to provide technical assistance to rural

24 communities for sustainable rural development purposes.
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1 ‘‘(b) There is established in the Treasury of the

2 United States a fund that shall be known as the ‘Forest

3 Service Rural Development Fund’ (in this section referred

4 to as the ‘fund’). There shall be deposited into the fund

5 $25,000,000 in fiscal year 2001 and each fiscal year

6 thereafter from qualified Outer Continental Shelf revenues

7 (as that term is defined in section 2(u) of the Outer Conti8 nental Shelf Lands Act (43 U.S.C. 1331(u)) (as amended

9 by the Coastal Stewardship Act of 2000)). Such moneys

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

11 ‘‘(c) Of the amounts in the fund, $25,000,000 shall

12 be available each fiscal year to the Secretary of Agri13 culture for obligation or expenditure in accordance with

14 this Act. Such funds shall be made available without fur15 ther appropriation, subject to the requirements of this sec16 tion, and shall remain available until expended.’’.

17 (b) RURAL COMMUNITY ASSISTANCE.—Section 2379

18 of the National Forest-Dependent Rural Communities

19 Economic Diversification Act (Public Law 101–624, 7

20 U.S.C. 6601 (note)) is amended to read as follows:

21 ‘‘(a) There is established in the Treasury of the

22 United States a fund that shall be known as the ‘Forest

23 Service Rural Community Assistance Fund’ (in this sec24 tion referred to as the ‘fund’). There shall be deposited

25 into the fund $25,000,000 in fiscal year 2001 and each
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1 fiscal year thereafter from qualified Outer Continental

2 Shelf revenues (as that term is defined in section 2(u) of

3 the Outer Continental Shelf Lands Act (43 U.S.C.

4 1331(u)) (as amended by the Coastal Stewardship Act of

5 2000)). Such moneys shall be used only to carry out the

6 purposes of this Act.

7 ‘‘(b) Of the amounts in the fund, $25,000,000 shall

8 be available each fiscal year for obligation or expenditure

9 in accordance with this Act. Such funds shall be made

10 available without further appropriation, subject to the re11 quirements of this Act, and shall remain available until

12 expended.’’.

13 TITLE X—PAYMENT IN LIEU OF

14 TAXES

15 SEC. 1001. PAYMENT IN LIEU OF TAXES.

16 Section 6906 of title 31, United States Code, (96

17 Stat. 1035) is amended to read as follows:

18 ‘‘(a) There is established in the Treasury of the

19 United States a fund that shall be known as the ‘Payment

20 in Lieu of Taxes Fund’ (referred to as the ‘fund’). There

21 shall be deposited into the fund in fiscal year 2001 and

22 thereafter from qualified Outer Continental Shelf revenues

23 (as that term is defined in section 2(u) of the Outer Conti24 nental Shelf Lands Act (43 U.S.C. 1331(u)) (as amended

25 by the Coastal Stewardship Act of 2000)) such moneys
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1 as are necessary to full fund payments to units of general

2 local governments as provided in this Act.

3 ‘‘(b) Amounts in the fund shall be available each fis4 cal year to the Secretary of the Interior for obligation or

5 expenditure in accordance with this Act. Such funds shall

6 be made available without further appropriations, and

7 shall remain available until expended.’’.

Æ