II

106TH CONGRESS

2D SESSION S. 2123

To provide Outer Continental Shelf Impact Assistance to State and local

governments, to amend the Land and Water Conservation Fund Act

of 1965, the Urban Park and Recreation Recovery Act of 1978, and

the Federal Aid in Wildlife Restoration Act (commonly referred to as

the Pittman-Robertson Act) to establish a fund to meet the outdoor

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

purposes.

IN THE SENATE OF THE UNITED STATES

FEBRUARY 29, 2000

Ms. LANDRIEU (for herself, Mr. MURKOWSKI, Mr. LOTT, Mr. BREAUX, Mrs.

FEINSTEIN, Mr. BAYH, and Mr. GREGG) introduced the following bill;

which was read twice and referred to the Committee on Energy and Natural Resources

A BILL

To provide Outer Continental Shelf Impact Assistance to

State and local governments, to amend the Land and

Water Conservation Fund Act of 1965, the Urban Park

and Recreation Recovery Act of 1978, and the Federal

Aid in Wildlife Restoration Act (commonly referred to

as the Pittman-Robertson Act) to establish a fund to

meet the outdoor conservation and recreation needs of

the American people, and for other purposes.

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

2 This Act may be cited as the ‘‘Conservation and Rein3 vestment Act of 1999’’.

4 SEC. 2. TABLE OF CONTENTS.

5 The table of contents for this Act is as follows:

Sec. 1. Short title.

Sec. 2. Table of contents.

Sec. 3. Definitions.

Sec. 4. Annual reports.

Sec. 5. Conservation and Reinvestment Act Fund.

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

Sec. 7. Budgetary treatment of receipts and disbursements.

Sec. 8. Recordkeeping requirements.

Sec. 9. Maintenance of effort and matching funding.

Sec. 10. Sunset.

Sec. 11. Protection of private property rights.

Sec. 12. Signs.

TITLE I—IMPACT ASSISTANCE AND COASTAL CONSERVATION

Sec. 101. Impact assistance formula and payments.

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

TITLE II—LAND AND WATER CONSERVATION FUND

REVITALIZATION

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

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

Sec. 203. Availability of amounts.

Sec. 204. Allocation of Fund.

Sec. 205. Use of Federal portion.

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

Sec. 207. State planning.

Sec. 208. Assistance to States for other projects.

Sec. 209. Conversion of property to other use.

Sec. 210. Water rights.

TITLE III—WILDLIFE CONSERVATION AND RESTORATION

Sec. 301. Purposes.

Sec. 302. Definitions.

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

Sec. 304. Apportionment of amounts transferred from Conservation and Reinvestment Act Fund.

Sec. 305. Education.

Sec. 306. Prohibition against diversion.

TITLE IV—URBAN PARK AND RECREATION RECOVERY PROGRAM

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

Sec. 402. Purpose.

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

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

Sec. 405. Definitions.

Sec. 406. Eligibility.

Sec. 407. Grants.

Sec. 408. Recovery action programs.

Sec. 409. State action incentives.

Sec. 410. Conversion of recreation property.

Sec. 411. Repeal.

TITLE V—HISTORIC PRESERVATION FUND

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

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

areas and corridors.

TITLE VI—FEDERAL AND INDIAN LANDS RESTORATION

Sec. 601. Purpose.

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

Sec. 603. Authorized uses of transferred amounts.

Sec. 604. Indian tribe defined.

TITLE VII—CONSERVATION EASEMENTS AND ENDANGERED AND

THREATENED SPECIES RECOVERY

Subtitle A—Conservation Easements

Sec. 701. Purpose.

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

Sec. 703. Authorized uses of transferred amounts.

Sec. 704. Conservation Easement Program.

Subtitle B—Endangered and Threatened Species Recovery

Sec. 711. Purposes.

Sec. 712. Treatment of amounts transferred from Conservation and Reinvestment Act Fund.

Sec. 713. Endangered and threatened species recovery assistance.

Sec. 714. Endangered and Threatened Species Recovery Agreements.

Sec. 715. Definitions.

1 SEC. 3. DEFINITIONS.

2 For purposes of this Act:

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

4 population of all political subdivisions, as determined
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1 by the most recent official data of the Census Bu2 reau, contained in whole or in part within the des3 ignated coastal boundary of a State as defined in a

4 State’s coastal zone management program under the

5 Coastal Zone Management Act (16 U.S.C. 1451 and

6 following).

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

8 means a political subdivision of a coastal State all or

9 part of which political subdivision is within the

10 coastal zone (as defined in section 304 of the Coast11 al Zone Management Act (16 U.S.C. 1453)).

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

13 meaning as provided by section 304 of the Coastal

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

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

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

17 1301 and following).

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

19 circle distance, measured in statute miles.

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

21 Government’s accounting period which begins on Oc22 tober 1st and ends on September 30th, and is des23 ignated by the calendar year in which it ends.

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

25 elected official of a State or of any other political en-
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1 tity that is defined as, or treated as, a State under

2 the Land and Water Conservation Fund Act of 1965

3 (16 U.S.C. 460l–4 and following), the Act of Sep4 tember 2, 1937 (16 U.S.C. 669 and following), com5 monly referred to as the Federal Aid in Wildlife Res6 toration Act or the Pittman-Robertson Act, the

7 Urban Park and Recreation Recovery Act of 1978

8 (16 U.S.C. 2501 and following), the National His9 toric Preservation Act (16 U.S.C. 470h and fol10 lowing), or the Federal Agriculture Improvement

11 and Reform Act of 1996 (Public Law 104–127; 16

12 U.S.C. 3830 note).

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

14 leased under section 8 of the Outer Continental

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

16 of drilling for, developing, and producing oil and

17 natural gas resources, which is a unit consisting of

18 either a block, a portion of a block, a combination

19 of blocks or portions of blocks, or a combination of

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

21 depicted on an Outer Continental Shelf Official Pro22 traction Diagram.

23 (9) The term ‘‘Outer Continental Shelf’’ means

24 all submerged lands lying seaward and outside of the

25 area of ‘‘lands beneath navigable waters’’ as defined
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1 in section 2(a) of the Submerged Lands Act (43

2 U.S.C. 1301(a)), and of which the subsoil and sea3 bed appertain to the United States and are subject

4 to its jurisdiction and control.

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

6 local political jurisdiction immediately below the level

7 of State government, including counties, parishes,

8 and boroughs. If State law recognizes an entity of

9 general government that functions in lieu of, and is

10 not within, a county, parish, or borough, the Sec11 retary may recognize an area under the jurisdiction

12 of such other entities of general government as a po13 litical subdivision for purposes of this title.

14 (11) The term ‘‘producing State’’ means a

15 State with a coastal seaward boundary within 200

16 miles from the geographic center of a leased tract

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

18 that is located in a geographic area subject to a leas19 ing moratorium on January 1, 1999 (unless the

20 lease was issued prior to the establishment of the

21 moratorium and was in production on January 1,

22 1999).

23 (12) The term ‘‘qualified Outer Continental

24 Shelf revenues’’ means (except as otherwise provided

25 in this paragraph) all moneys received by the United
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1 States from each leased tract or portion of a leased

2 tract lying seaward of the zone defined and governed

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

4 Act (43 U.S.C. 1337(g)), or lying within such zone

5 but to which section 8(g) does not apply, the geo6 graphic center of which lies within a distance of 200

7 miles from any part of the coastline of any coastal

8 State, including bonus bids, rents, royalties (includ9 ing payments for royalty taken in kind and sold),

10 net profit share payments, and related late-payment

11 interest from natural gas and oil leases issued pur12 suant to the Outer Continental Shelf Lands Act.

13 Such term does not include any revenues from a

14 leased tract or portion of a leased tract that is lo15 cated in a geographic area subject to a leasing mora16 torium on January 1, 1999, unless the lease was

17 issued prior to the establishment of the moratorium

18 and was in production on January 1, 1999.

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

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

21 otherwise specifically provided.

22 (14) The term ‘‘Fund’’ means the Conservation

23 and Reinvestment Act Fund established under sec24 tion 5.
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1 SEC. 4. ANNUAL REPORTS.

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

3 Governor receiving moneys from the Fund shall account

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

5 a written report to the Secretary of the Interior or the

6 Secretary of Agriculture, as appropriate. The report shall

7 include, in accordance with regulations prescribed by the

8 Secretaries, a description of all projects and activities re9 ceiving funds under this Act. In order to avoid duplication,

10 such report may incorporate by reference any other re11 ports required to be submitted under other provisions of

12 law to the Secretary concerned by the Governor regarding

13 any portion of such moneys.

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

15 year the Secretary of the Interior, in consultation with the

16 Secretary of Agriculture, shall submit an annual report

17 to the Congress documenting all moneys expended by the

18 Secretary of the Interior and the Secretary of Agriculture

19 from the Fund during the previous fiscal year and summa20 rizing the contents of the Governors’ reports submitted to

21 the Secretaries under subsection (a).

22 SEC. 5. CONSERVATION AND REINVESTMENT ACT FUND.

23 (a) ESTABLISHMENT OF FUND.—There is estab24 lished in the Treasury of the United States a fund which

25 shall be known as the ‘‘Conservation and Reinvestment

26 Act Fund’’. In each fiscal year after the fiscal year 2000,
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1 the Secretary of the Treasury shall deposit into the Fund

2 the following amounts:

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

4 fiscal year from qualified Outer Continental Shelf

5 revenues equal to the difference between

6 $2,825,000,000 and the amounts deposited in the

7 Fund under paragraph (2), notwithstanding section

8 9 of the Outer Continental Shelf Lands Act (43

9 U.S.C. 1338).

10 (2) AMOUNTS NOT DISBURSED.—All allocated

11 but undisbursed amounts returned to the Fund

12 under section 101(a)(2).

13 (3) INTEREST.—All interest earned under sub14 section (d) that is not made available under para15 graph (2) or (4) of that subsection.

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

17 year after the fiscal year 2001, the Secretary of the Treas18 ury shall transfer amounts deposited into the Fund as fol19 lows:

20 (1) $1,000,000,000 to the Secretary of the In21 terior for purposes of making payments to coastal

22 States under title I of this Act.

23 (2) To the Land and Water Conservation Fund

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

25 Land and Water Conservation Fund Act of 1965
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1 (16 U.S.C. 460l–6(a)) such amounts as are nec2 essary to make the income of the fund $900,000,000

3 in each such fiscal year.

4 (3) $350,000,000 to the Federal aid to wildlife

5 restoration fund established under section 3 of the

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

7 669b).

8 (4) $125,000,000 to the Secretary of the Inte9 rior to carry out the Urban Park and Recreation Re10 covery Act of 1978 (16 U.S.C. 2501 and following).

11 (5) $100,000,000 to the Secretary of the Inte12 rior to carry out the National Historic Preservation

13 Act (16 U.S.C. 470 and following).

14 (6) $200,000,000 to the Secretary of the Inte15 rior and the Secretary of Agriculture to carry out

16 title VI of this Act.

17 (7) $150,000,000 to the Secretary of the Inte18 rior to carry out title VII of this Act with (A)

19 $100,000,000 of such amount transferred to the

20 Secretary of the Interior for purposes of subtitle A

21 of title VII and (B) $50,000,000 of such amount

22 transferred to the Secretary of the Interior for pur23 poses of subtitle B of title VII.

24 (c) SHORTFALL.—If amounts deposited into the

25 Fund in any fiscal year after the fiscal year 2000 are less
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1 than $2,825,000,000, the amounts transferred under

2 paragraphs (1) through (7) of subsection (b) for that fis3 cal year shall each be reduced proportionately.

4 (d) INTEREST.—

5 (1) IN GENERAL.—The Secretary of the Treas6 ury shall invest moneys in the Fund in public debt

7 securities with maturities suitable to the needs of

8 the Fund, as determined by the Secretary of the

9 Treasury, and bearing interest at rates determined

10 by the Secretary of the Treasury, taking into consid11 eration current market yields on outstanding mar12 ketable obligations of the United States of com13 parable maturity.

14 (2) USE OF INTEREST.—Except as provided in

15 paragraphs (3) and (4), interest earned on such

16 moneys shall be available, without further appropria17 tion, for obligation or expenditure under—

18 (A) chapter 69 of title 31 of the United

19 States Code (relating to PILT), and

20 (B) section 401 of the Act of June 15,

21 1935 (49 Stat. 383; 16 U.S.C. 715s) (relating

22 to refuge revenue sharing).

23 In each fiscal year such interest shall be allocated

24 between the programs referred to in subparagraph

25 (A) and (B) in proportion to the amounts authorized
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1 and appropriated for that fiscal year under other

2 provisions of law for purposes of such programs.

3 (3) CEILING ON EXPENDITURES OF INTER4 EST.—Amounts made available under paragraph (2)

5 in each fiscal year shall not exceed the lesser of the

6 following:

7 (A) $200,000,000.

8 (B) The total amount authorized and ap9 propriated for that fiscal year under other pro10 visions of law for purposes of the programs re11 ferred to in subparagraphs (A) and (B) of para12 graph (2).

13 (4) TITLE III INTEREST.—All interest attrib14 utable to amounts transferred by the Secretary of

15 the Treasury to the Secretary of the Interior for

16 purposes of title III of this Act (and the amend17 ments made by such title III) shall be available,

18 without further appropriation, for obligation or ex19 penditure for purposes of the North American Wet20 lands Conservation Act of 1989 (16 U.S.C. 4401

21 and following)

22 (e) REFUNDS.—In those instances where through ju23 dicial decision, administrative review, arbitration, or other

24 means there are royalty refunds owed to entities gener25 ating revenues under this title, such refunds shall be paid
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1 by the Secretary of the Treasury from amounts available

2 in the Fund.

3 SEC. 6. LIMITATION ON USE OF AVAILABLE AMOUNTS FOR

4 ADMINISTRATION.

5 Notwithstanding any other provision of law, of

6 amounts made available by this Act (including the amend7 ments made by this Act) for a particular activity, not more

8 than 2 percent may be used for administrative expenses

9 of that activity. Nothing in this section shall affect the

10 prohibition contained in section 4(c)(3) of the Federal Aid

11 in Wildlife Restoration Act (as amended by this Act).

12 SEC. 7. BUDGETARY TREATMENT OF RECEIPTS AND DIS13 BURSEMENTS.

14 Notwithstanding any other provision of law, the re15 ceipts and disbursements of funds under this Act and the

16 amendments made by this Act—

17 (1) shall not be counted as new budget author18 ity, outlays, receipts, or deficit or surplus for pur19 poses of—

20 (A) the budget of the United States Gov21 ernment as submitted by the President;

22 (B) the congressional budget (including al23 locations of budget authority and outlays pro24 vided therein); or
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1 (C) the Balanced Budget and Emergency

2 Deficit Control Act of 1985; and

3 (2) shall be exempt from any general budget

4 limitation imposed by statute on expenditures and

5 net lending (budget outlays) of the United States

6 Government.

7 SEC. 8. RECORDKEEPING REQUIREMENTS.

8 The Secretary of the Interior in consultation with the

9 Secretary of Agriculture shall establish such rules regard10 ing recordkeeping by State and local governments and the

11 auditing of expenditures made by State and local govern12 ments from funds made available under this Act as may

13 be necessary. Such rules shall be in addition to other re14 quirements established regarding recordkeeping and the

15 auditing of such expenditures under other authority of

16 law.

17 SEC. 9. MAINTENANCE OF EFFORT AND MATCHING FUND18 ING.

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

20 (b), no State or local government shall receive any funds

21 under this Act during any fiscal year when its expendi22 tures of non-Federal funds for recurrent expenditures for

23 programs for which funding is provided under this Act will

24 be less than its expenditures were for such programs dur25 ing the preceding fiscal year. No State or local government
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1 shall receive any funding under this Act with respect to

2 a program unless the Secretary is satisfied that such a

3 grant will be so used to supplement and, to the extent

4 practicable, increase the level of State, local, or other non5 Federal funds available for such program. In order for the

6 Secretary to provide funding under this Act in a timely

7 manner each fiscal year, the Secretary shall compare a

8 State or local government’s prospective expenditure level

9 to that of its second preceding fiscal year.

10 (b) EXCEPTION.—The Secretary may provide fund11 ing under this Act to a State or local government not

12 meeting the requirements of subsection (a) if the Sec13 retary determines that a reduction in expenditures is at14 tributable to a non-selective reduction in the expenditures

15 in the programs of all Executive branch agencies of the

16 State or local government.

17 (c) USE OF FUND TO MEET MATCHING REQUIRE18 MENTS.—All funds received by a State or local govern19 ment under this Act shall be treated as Federal funds for

20 purposes of compliance with any provision in effect under

21 any other law requiring that non-Federal funds be used

22 to provide a portion of the funding for any program or

23 project.
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1 SEC. 10. SUNSET.

2 This Act, including the amendments made by this

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

4 2015.

5 SEC. 11. PROTECTION OF PRIVATE PROPERTY RIGHTS.

6 (a) SAVINGS CLAUSE.—Nothing in the Act shall au7 thorize that private property be taken for public use, with8 out just compensation as provided by the Fifth and Four9 teenth amendments to the United States Constitution.

10 (b) REGULATION.—Federal agencies, using funds ap11 propriated by this Act, may not apply any regulation on

12 any lands until the lands or water, or an interest therein,

13 is acquired, unless authorized to do so by another Act of

14 Congress.

15 SEC. 12. SIGNS.

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

17 condition of any financial assistance provided with

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

19 owns or administers any site that benefits from such as20 sistance shall include on any sign otherwise installed at

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

22 a statement that the existence or development of the site

23 (or both), as appropriate, is a product of such assistance.

24 (b) STANDARDS.—The Secretary shall provide for the

25 design of standardized signs for purposes of subsection
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1 (a), and shall prescribe standards and guidelines for such

2 signs.

3 TITLE I—IMPACT ASSISTANCE

4 AND COASTAL CONSERVATION

5 SEC. 101. IMPACT ASSISTANCE FORMULA AND PAYMENTS.

6 (a) IMPACT ASSISTANCE PAYMENTS TO STATES.—

7 (1) GRANT PROGRAM.—Amounts transferred to

8 the Secretary of the Interior from the Conservation

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

10 this Act for purposes of making payments to coastal

11 States under this title in any fiscal year shall be al12 located by the Secretary of the Interior among coast13 al States as provided in this section in each such fis14 cal year. In each such fiscal year, the Secretary of

15 the Interior shall, without further appropriation, dis16 burse such allocated funds to those coastal States

17 for which the Secretary has approved a Coastal

18 State Conservation and Impact Assistance Plan as

19 required by this title. Payments for all projects shall

20 be made by the Secretary to the Governor of the

21 State or to the State official or agency designated by

22 the Governor or by State law as having authority

23 and responsibility to accept and to administer funds

24 paid hereunder. No payment shall be made to any

25 State until the State has agreed to provide such re-
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1 ports to the Secretary, in such form and containing

2 such information, as may be reasonably necessary to

3 enable the Secretary to perform his duties under this

4 title, and provide such fiscal control and fund ac5 counting procedures as may be necessary to assure

6 proper disbursement and accounting for Federal rev7 enues paid to the State under this title.

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

9 the end of each fiscal year, the Secretary shall re10 turn to the Conservation and Reinvestment Act

11 Fund any amount that the Secretary allocated, but

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

13 State that does not have an approved plan under

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

15 such grant is allocated, except that the Secretary

16 shall hold in escrow until the final resolution of the

17 appeal any amount allocated, but not disbursed, to

18 a coastal State that has appealed the disapproval of

19 a plan submitted under this title.

20 (b) ALLOCATION AMONG COASTAL STATES.—

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

22 each coastal State, the Secretary shall determine the

23 State’s allocable share of the total amount of the

24 revenues transferred from the Fund under section
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1 5(b)(1) for each fiscal year using the following

2 weighted formula:

3 (A) 50 percent of such revenues shall be

4 allocated among the coastal States as provided

5 in paragraph (2).

6 (B) 25 percent of such revenues shall be

7 allocated to each coastal State based on the

8 ratio of each State’s shoreline miles to the

9 shoreline miles of all coastal States.

10 (C) 25 percent of such revenues shall be

11 allocated to each coastal State based on the

12 ratio of each State’s coastal population to the

13 coastal population of all coastal States.

14 (2) OFFSHORE OUTER CONTINENTAL SHELF

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

16 within a distance of 200 miles from the geographic

17 center of any leased tract, the Secretary of the Inte18 rior shall determine such State’s allocable share

19 under paragraph (1)(A) based on the formula set

20 forth in this paragraph. Such State share shall be

21 calculated as of the date of the enactment of this

22 Act for the first 5-fiscal year period during which

23 funds are disbursed under this title and recalculated

24 on the anniversary of such date each fifth year

25 thereafter for each succeeding 5-fiscal year period.
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1 Each such State’s allocable share of the revenues

2 disbursed under paragraph (1)(A) shall be inversely

3 proportional to the distance between the nearest

4 point on the coastline of such State and the geo5 graphic center of each leased tract or portion of the

6 leased tract (to the nearest whole mile) that is with7 in 200 miles of that coastline, as determined by the

8 Secretary for the 5-year period concerned. In apply9 ing this paragraph a leased tract or portion of a

10 leased tract shall be excluded if the tract or portion

11 is located in a geographic area subject to a leasing

12 moratorium on January 1, 1999, unless the lease

13 was issued prior to the establishment of the morato14 rium and was in production on January 1, 1999.

15 (3) MINIMUM STATE SHARE.—

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

17 revenues determined by the Secretary under

18 this subsection for each coastal State with an

19 approved coastal management program (as de20 fined by the Coastal Zone Management Act (16

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

22 progress toward one, shall not be less in any

23 fiscal year than 0.50 percent of the total

24 amount of the revenues transferred by the Sec25 retary of the Treasury to the Secretary of the
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1 Interior for purposes of this title for that fiscal

2 year under subsection (a). For any other coast3 al State the allocable share of such revenues

4 shall not be less than 0.25 percent of such reve5 nues.

6 (B) RECOMPUTATION.—Where one or

7 more coastal States’ allocable shares, as com8 puted under paragraphs (1) and (2), are in9 creased by any amount under this paragraph,

10 the allocable share for all other coastal States

11 shall be recomputed and reduced by the same

12 amount so that not more than 100 percent of

13 the amount transferred by the Secretary of the

14 Treasury to the Secretary of the Interior for

15 purposes of this title for that fiscal year under

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

17 The reduction shall be divided pro rata among

18 such other coastal States.

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

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

21 pay 50 percent of the State’s allocable share, as deter22 mined under subsection (b), to the coastal political sub23 divisions in such State. Such payments shall be allocated

24 among such coastal political subdivisions of the State ac25 cording to an allocation formula analogous to the alloca-
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1 tion formula used in subsection (b) to allocate revenues

2 among the coastal States, except that a coastal political

3 subdivision in the State of California that has a coastal

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

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

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

7 be eligible for that portion of the allocation described in

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

9 if that political subdivision were located within a distance

10 of 50 miles from the geographic center of any leased tract.

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

12 and coastal political subdivisions under this section shall

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

14 revenues received during the immediately preceding fiscal

15 year.

16 SEC. 102. COASTAL STATE CONSERVATION AND IMPACT AS17 SISTANCE PLANS.

18 (a) DEVELOPMENT AND SUBMISSION OF STATE

19 PLANS.—Each coastal State seeking to receive grants

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

21 a Statewide Coastal State Conservation and Impact As22 sistance Plan. In the case of a producing State, the Gov23 ernor shall incorporate the plans of the coastal political

24 subdivisions into the Statewide plan for transmittal to the

25 Secretary. The Governor shall solicit local input and shall
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1 provide for public participation in the development of the

2 Statewide plan. The plan shall be submitted to the Sec3 retary by April 1 of the calendar year after the calendar

4 year in which this Act is enacted.

5 (b) APPROVAL OR DISAPPROVAL.—

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

7 plan under subsection (a) is required prior to dis8 bursement of funds under this title by the Secretary.

9 The Secretary shall approve the Statewide plan if

10 the Secretary determines, in consultation with the

11 Secretary of Commerce, that the plan is consistent

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

13 plan contains each of the following:

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

15 have the authority to represent and act for the

16 State in dealing with the Secretary for purposes

17 of this title.

18 (B) A program for the implementation of

19 the plan which, for producing States, includes a

20 description of how funds will be used to address

21 the impacts of oil and gas production from the

22 Outer Continental Shelf.

23 (C) Certification by the Governor that

24 ample opportunity has been accorded for public
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1 participation in the development and revision of

2 the plan.

3 (D) Measures for taking into account other

4 relevant Federal resources and programs. The

5 plan shall be correlated so far as practicable

6 with other State, regional, and local plans.

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

8 Secretary shall approve or disapprove each plan sub9 mitted in accordance with this section. If a State

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

11 the beginning of the first fiscal year to which the

12 plan applies, the Secretary shall approve or dis13 approve the plan by not later than 30 days before

14 the beginning of that fiscal year.

15 (3) AMENDMENT OR REVISION.—Any amend16 ment to or revision of the plan shall be prepared in

17 accordance with the requirements of this subsection

18 and shall be submitted to the Secretary for approval

19 or disapproval. Any such amendment or revision

20 shall take effect only for fiscal years after the fiscal

21 year in which the amendment or revision is approved

22 by the Secretary.

23 (c) AUTHORIZED USES OF STATE GRANT FUND24 ING.—The funds provided under this title to a coastal
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1 State and for coastal political subdivisions are authorized

2 to be used only for one or more of the following purposes:

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

4 fishery or marine mammal stock surveys in State

5 waters or both, cooperative State, interstate, and

6 Federal fishery or marine mammal stock surveys or

7 both, cooperative initiatives with university and pri8 vate entities for fishery and marine mammal sur9 veys, activities related to marine mammal and fish10 ery interactions, and other coastal living marine re11 sources surveys.

12 (2) The conservation, restoration, enhancement,

13 or creation of coastal habitats.

14 (3) Cooperative Federal or State enforcement of

15 marine resources management statutes.

16 (4) Fishery observer coverage programs in

17 State or Federal waters.

18 (5) Invasive, exotic, and nonindigenous species

19 identification and control.

20 (6) Coordination and preparation of cooperative

21 fishery conservation and management plans between

22 States including the development and implementa23 tion of population surveys, assessments and moni24 toring plans, and the preparation and implementa-
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1 tion of State fishery management plans developed by

2 interstate marine fishery commissions.

3 (7) Preparation and implementation of State

4 fishery or marine mammal management plans that

5 comply with bilateral or multilateral international

6 fishery or marine mammal conservation and man7 agement agreements or both.

8 (8) Coastal and ocean observations necessary to

9 develop and implement real time tide and current

10 measurement systems.

11 (9) Implementation of federally approved ma12 rine, coastal, or comprehensive conservation and

13 management plans.

14 (10) Mitigating marine and coastal impacts of

15 Outer Continental Shelf activities including impacts

16 on onshore infrastructure.

17 (11) Projects that promote research, education,

18 training, and advisory services in fields related to

19 ocean, coastal, and Great Lakes resources.

20 (d) COMPLIANCE WITH AUTHORIZED USES.—Based

21 on the annual reports submitted under section 4 of this

22 Act and on audits conducted by the Secretary under sec23 tion 8, the Secretary shall review the expenditures made

24 by each State and coastal political subdivision from funds

25 made available under this title. If the Secretary deter-
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1 mines that any expenditure made by a State or coastal

2 political subdivision of a State from such funds is not con3 sistent with the authorized uses set forth in subsection (c),

4 the Secretary shall not make any further grants under this

5 title to that State until the funds used for such expendi6 ture have been repaid to the Conservation and Reinvest7 ment Act Fund.

8 TITLE II—LAND AND WATER

9 CONSERVATION FUND REVI10 TALIZATION

11 SEC. 201. AMENDMENT OF LAND AND WATER CONSERVA12 TION FUND ACT OF 1965.

13 Except as otherwise expressly provided, whenever in

14 this title an amendment or repeal is expressed in terms

15 of an amendment to, or repeal of, a section or other provi16 sion, the reference shall be considered to be made to a

17 section or other provision of the Land and Water Con18 servation Fund Act of 1965 (16 U.S.C. 460l–4 and fol19 lowing).

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

21 TRANSFERRED FROM CONSERVATION AND

22 REINVESTMENT ACT FUND.

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

24 ‘‘(c) AMOUNTS TRANSFERRED FROM CONSERVATION

25 AND REINVESTMENT ACT FUND.—In addition to the sum
28

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1 of the revenues and collections estimated by the Secretary

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

3 subsections (a) and (b) of this section, there shall be cov4 ered into the fund all amounts transferred to the fund

5 under section 5(b)(2) of the Conservation and Reinvest6 ment Act of 1999.’’.

7 SEC. 203. AVAILABILITY OF AMOUNTS.

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

9 follows:

10 ‘‘APPROPRIATIONS

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

12 be appropriated to the Secretary from the fund to carry

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

14 year after the fiscal year 2001. Amounts transferred to

15 the fund from the Conservation and Reinvestment Act

16 Fund and amounts covered into the fund under sub17 sections (a) and (b) of section 2 shall be available to the

18 Secretary in fiscal years after the fiscal year 2001 without

19 further appropriation to carry out this Act.

20 ‘‘(b) OBLIGATION AND EXPENDITURE OF AVAILABLE

21 AMOUNTS.—Amounts available for obligation or expendi22 ture from the fund or from the special account established

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

24 as provided in this Act.’’.
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1 SEC. 204. ALLOCATION OF FUND.

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

3 follows:

4 ‘‘ALLOCATION OF FUNDS

5 ‘‘SEC. 5. Of the amounts made available for each fis6 cal year to carry out this Act—

7 ‘‘(1) 50 percent shall be available for Federal

8 purposes (in this Act referred to as the ‘Federal por9 tion’); and

10 ‘‘(2) 50 percent shall be available for grants to

11 States.’’.

12 SEC. 205. USE OF FEDERAL PORTION.

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

14 at the end the following:

15 ‘‘(d) USE OF FEDERAL PORTION.—

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

17 Federal portion (as that term is defined in section

18 5(1)) may not be obligated or expended by the Sec19 retary of the Interior or the Secretary of Agriculture

20 for any acquisition except those specifically referred

21 to, and approved by the Congress, in an Act making

22 appropriations for the Department of the Interior or

23 the Department of Agriculture, respectively.

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

25 Federal portion may not be used to acquire any

26 property unless—
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1 ‘‘(A) the owner of the property concurs in

2 the acquisition; or

3 ‘‘(B) acquisition of that property is specifi4 cally approved by an Act of Congress.

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

6 ‘‘(1) RESTRICTION ON USE.—The Federal por7 tion for a fiscal year may not be obligated or ex8 pended to acquire any interest in lands or water un9 less the lands or water were included in a list of ac10 quisitions that is approved by the Congress. This list

11 shall include an inventory of surplus lands under the

12 administrative jurisdiction of the Secretary of the

13 Interior and the Secretary of Agriculture for which

14 there is no demonstrated compelling program need.

15 ‘‘(2) TRANSMISSION OF LIST.—(A) The Sec16 retary of the Interior and the Secretary of Agri17 culture shall jointly transmit to the appropriate au18 thorizing and appropriations committees of the

19 House of Representatives and the Senate for each

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

21 budget for the fiscal year under section 1105 of title

22 31, United States Code, a list of the acquisitions of

23 interests in lands and water proposed to be made

24 with the Federal portion for the fiscal year.
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1 ‘‘(B) In preparing each list, the Secretary

2 shall—

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

5 land ownership patterns;

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

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

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

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

14 specify any for which adverse condemnation is

15 requested; and

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

18 threats to resource integrity, timely availability,

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

21 ‘‘(3) INFORMATION REGARDING PROPOSED AC22 QUISITIONS.—Each list shall include, for each pro23 posed acquisition included in the list—

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

25 the acquisition, if such authority exists; and
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1 ‘‘(B) an explanation of why the particular

2 interest proposed to be acquired was selected.

3 ‘‘(f) NOTIFICATION TO AFFECTED AREAS RE4 QUIRED.—The Federal portion for a fiscal year may not

5 be used to acquire any interest in land unless the Sec6 retary administering the acquisition, by not later than 30

7 days after the date the Secretaries submit the list under

8 subsection (e) for the fiscal year, provides notice of the

9 proposed acquisition—

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

11 Delegate and Resident Commissioner to the Con12 gress elected to represent any area in which is

13 located—

14 ‘‘(A) the land; or

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

16 unit that includes the land;

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

18 which the land is located;

19 ‘‘(3) in writing to each State political subdivi20 sion having jurisdiction over the land; and

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

22 that is widely distributed in the area under the juris23 diction of each such State political subdivision, that

24 includes a clear statement that the Federal Govern25 ment intends to acquire an interest in land.
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1 ‘‘(g) COMPLIANCE WITH REQUIREMENTS UNDER

2 FEDERAL LAWS.—

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

4 fiscal year may not be used to acquire any interest

5 in land or water unless the following have occurred:

6 ‘‘(A) All actions required under Federal

7 law with respect to the acquisition have been

8 complied with.

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

10 impact statement or environmental assessment

11 required by law, and a summary of all public

12 comments regarding the acquisition that have

13 been received by the agency making the acquisi14 tion, are submitted to the Committee on Re15 sources of the House of Representatives, the

16 Committee on Energy and Natural Resources of

17 the Senate, and the Committees on Appropria18 tions of the House of Representatives and of

19 the Senate.

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

21 statement or assessment and of such summary

22 is provided to—

23 ‘‘(i) each Member of and each Dele24 gate and Resident Commissioner to the
34

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1 Congress elected to represent the area in

2 which the land is located;

3 ‘‘(ii) the Governor of the State in

4 which the land is located; and

5 ‘‘(iii) each State political subdivision

6 having jurisdiction over the land.

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

8 (1) shall not apply to any acquisition that is specifi9 cally authorized by a Federal law.’’.

10 SEC. 206. ALLOCATION OF AMOUNTS AVAILABLE FOR

11 STATE PURPOSES.

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

13 8(b)) is amended to read as follows:

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

15 in the fund available each fiscal year for State purposes

16 shall be apportioned among the several States by the Sec17 retary, in accordance with this subsection. The determina18 tion of the apportionment by the Secretary shall be final.

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

20 available each fiscal year for State purposes—

21 ‘‘(A) 30 percent shall be apportioned

22 equally among the several States; and

23 ‘‘(B) 70 percent shall be apportioned so

24 that the ratio that the amount apportioned to

25 each State under this subparagraph bears to
35

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1 the total amount apportioned under this sub2 paragraph for the fiscal year is equal to the

3 ratio that the population of the State bears to

4 the total population of all States.

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

6 a fiscal year under paragraph (2) shall not exceed 10 per7 cent of the total amount allocated to the several States

8 under paragraph (2) for that fiscal year.

9 ‘‘(4) The Secretary shall notify each State of its ap10 portionment, and the amounts thereof shall be available

11 thereafter to the State for planning, acquisition, or devel12 opment projects as hereafter described. Any amount of

13 any apportionment under this subsection that has not

14 been paid or obligated by the Secretary during the fiscal

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

16 years thereafter shall be reapportioned by the Secretary

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

18 the 10 percent limitation to an individual State specified

19 in paragraph (3).

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

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

22 a State; and

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

24 and American Samoa—
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1 ‘‘(I) shall be treated collectively as one

2 State; and

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

4 of any amount distributed to them pursuant to

5 clause (i).

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

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

8 this Act.’’.

9 (b) TRIBES AND ALASKA NATIVE CORPORATIONS.—

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

11 amended by adding at the end the following new subpara12 graph:

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

14 recognized Indian tribes and Native Corporations (as de15 fined in section 3 of the Alaska Native Claims Settlement

16 Act (43 U.S.C. 1602)), shall be eligible to receive shares

17 of the apportionment under paragraph (1) in accordance

18 with a competitive grant program established by the Sec19 retary by rule. The total apportionment available to such

20 tribes and Native Corporations shall be equivalent to the

21 amount available to a single State. No single tribe or Na22 tive Corporation shall receive a grant that constitutes

23 more than 10 percent of the total amount made available

24 to all tribes and Native Corporations pursuant to the ap25 portionment under paragraph (1). Funds received by a
37

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1 tribe or Native Corporation under this subparagraph may

2 be expended only for the purposes specified in paragraphs

3 (1) and (3) of subsection (a).’’.

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

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

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

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

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

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

12 available from other sources.’’.

13 SEC. 207. STATE PLANNING.

14 (a) STATE ACTION AGENDA REQUIRED.—

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

16 460l–8(d)) is amended to read as follows:

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

18 State may define its own priorities and criteria for selec19 tion of outdoor conservation and recreation acquisition

20 and development projects eligible for grants under this Act

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

22 and publishes an accurate and current State Action Agen23 da for Community Conservation and Recreation (in this

24 Act referred to as the ‘State Action Agenda’) indicating

25 the needs it has identified and the priorities and criteria
38

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1 it has established. In order to assess its needs and estab2 lish its overall priorities, each State, in partnership with

3 its local governments and Federal agencies, and in con4 sultation with its citizens, shall develop, within 5 years

5 after the enactment of the Conservation and Reinvestment

6 Act of 1999, a State Action Agenda that meets the fol7 lowing requirements:

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

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

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

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

12 every 4 years and certified by the Governor that the

13 State Action Agenda conclusions and proposed ac14 tions have been considered in an active public in15 volvement process.

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

17 providers of conservation and recreation lands within each

18 State, including Federal, regional, and local government

19 resources, and shall be correlated whenever possible with

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

21 open space, and wetlands conservation. Recovery action

22 programs developed by urban localities under section 1007

23 of the Urban Park and Recreation Recovery Act of 1978

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

25 priorities, and action schedules contained in State Action
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1 Agenda. Each State shall assure that any requirements

2 for local outdoor conservation and recreation planning,

3 promulgated as conditions for grants, minimize redun4 dancy of local efforts by allowing, wherever possible, use

5 of the findings, priorities, and implementation schedules

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

7 (2) EXISTING STATE PLANS.—Comprehensive

8 State Plans developed by any State under section

9 6(d) of the Land and Water Conservation Fund Act

10 of 1965 before the date that is 5 years after the en11 actment of this Act shall remain in effect in that

12 State until a State Action Agenda has been adopted

13 pursuant to the amendment made by this subsection,

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

15 Act.

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

17 8(e)) is amended as follows:

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

19 striking ‘‘State comprehensive plan’’ and inserting

20 ‘‘State Action Agenda’’.

21 (2) In paragraph (1) by striking ‘‘comprehen22 sive plan’’ and inserting ‘‘State Action Agenda’’.

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

24 Section 6(e) (16 U.S.C. 460l–8(e)) is amended—
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1 (1) in subsection (e)(1) by striking ‘‘, but not

2 including incidental costs relating to acquisition’’;

3 and

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

5 period at the end the following: ‘‘or to enhance pub6 lic safety within a designated park or recreation

7 area’’.

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

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

10 amended—

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

12 and

13 (2) by striking the second sentence and insert14 ing the following:

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

16 only if the State demonstrates no prudent or feasible alter17 native exists with the exception of those properties that

18 no longer meet the criteria within the State Plan or Agen19 da as an outdoor conservation and recreation facility due

20 to changes in demographics or that must be abandoned

21 because of environmental contamination which endangers

22 public health and safety. Any conversion must satisfy such

23 conditions as the Secretary deems necessary to assure the

24 substitution of other conservation and recreation prop25 erties of at least equal fair market value and reasonably
41

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1 equivalent usefulness and location and which are con2 sistent with the existing State Plan or Agenda; except that

3 wetland areas and interests therein as identified in the

4 wetlands provisions of the action agenda and proposed to

5 be acquired as suitable replacement property within that

6 same State that is otherwise acceptable to the Secretary

7 shall be considered to be of reasonably equivalent useful8 ness with the property proposed for conversion.’’.

9 SEC. 210. WATER RIGHTS.

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

11 ‘‘WATER RIGHTS

12 ‘‘SEC. 14. Nothing in this title—

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

14 water law or an interstate compact governing water;

15 ‘‘(2) alters the rights of any State to any ap16 propriated share of the waters of any body of sur17 face or ground water, whether determined by past or

18 future interstate compacts or by past or future legis19 lative or final judicial allocations;

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

21 law, or interstate compact, dealing with water qual22 ity or disposal; or

23 ‘‘(4) confers on any non-Federal entity the abil24 ity to exercise any Federal right to the waters of any

25 stream or to any ground water resource.’’.
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1 TITLE III—WILDLIFE CONSERVA2 TION AND RESTORATION

3 SEC. 301. PURPOSES.

4 The purposes of this title are—

5 (1) to extend financial and technical assistance

6 to the States under the Federal Aid to Wildlife Res7 toration Act for the benefit of a diverse array of

8 wildlife and associated habitats, including species

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

10 of wildlife within the States in recognition of the pri11 mary role of the States to conserve all wildlife;

12 (2) to assure sound conservation policies

13 through the development, revision, and implementa14 tion of a comprehensive wildlife conservation and

15 restoration plan;

16 (3) to encourage State fish and wildlife agencies

17 to participate with the Federal Government, other

18 State agencies, wildlife conservation organizations,

19 and outdoor recreation and conservation interests

20 through cooperative planning and implementation of

21 this title; and

22 (4) to encourage State fish and wildlife agencies

23 to provide for public involvement in the process of

24 development and implementation of a wildlife con25 servation and restoration program.
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1 SEC. 302. DEFINITIONS.

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

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

4 of September 2, 1937 (16 U.S.C. 669 and following), com5 monly referred to as the Federal Aid in Wildlife Restora6 tion Act or the Pittman-Robertson Act.

7 (b) WILDLIFE CONSERVATION AND RESTORATION

8 PROGRAM.—Section 2 of the Federal Aid in Wildlife Res9 toration Act (16 U.S.C. 669a) is amended by inserting

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

11 following: ‘‘to include the wildlife conservation and res12 toration program and’’.

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

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

15 by inserting ‘‘or State fish and wildlife department’’ after

16 ‘‘State fish and game department’’.

17 (d) DEFINITIONS.—Section 2 of the Federal Aid in

18 Wildlife Restoration Act (16 U.S.C. 669a) is amended by

19 striking the period at the end thereof, substituting a semi20 colon, and adding the following: ‘‘the term ‘conservation’

21 shall be construed to mean the use of methods and proce22 dures necessary or desirable to sustain healthy populations

23 of wildlife including all activities associated with scientific

24 resources management such as research, census, moni25 toring of populations, acquisition, improvement and man26 agement of habitat, live trapping and transplantation,
44

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1 wildlife damage management, and periodic or total protec2 tion of a species or population as well as the taking of

3 individuals within wildlife stock or population if permitted

4 by applicable State and Federal law; the term ‘wildlife

5 conservation and restoration program’ means a program

6 developed by a State fish and wildlife department and ap7 proved by the Secretary under section 4(d), the projects

8 that constitute such a program, which may be imple9 mented in whole or part through grants and contracts by

10 a State to other State, Federal, or local agencies (includ11 ing those that gather, evaluate, and disseminate informa12 tion on wildlife and their habitats), wildlife conservation

13 organizations, and outdoor recreation and conservation

14 education entities from funds apportioned under this title,

15 and maintenance of such projects; the term ‘wildlife’ shall

16 be construed to mean any species of wild, free-ranging

17 fauna including fish, and also fauna in captive breeding

18 programs the object of which is to reintroduce individuals

19 of a depleted indigenous species into previously occupied

20 range; the term ‘wildlife-associated recreation’ shall be

21 construed to mean projects intended to meet the demand

22 for outdoor activities associated with wildlife including,

23 but not limited to, hunting and fishing, wildlife observa24 tion and photography, such projects as construction or

25 restoration of wildlife viewing areas, observation towers,
45

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1 blinds, platforms, land and water trails, water access, trail

2 heads, and access for such projects; and the term ‘wildlife

3 conservation education’ shall be construed to mean

4 projects, including public outreach, intended to foster re5 sponsible natural resource stewardship.’’.

6 SEC. 303. TREATMENT OF AMOUNTS TRANSFERRED FROM

7 CONSERVATION AND REINVESTMENT ACT

8 FUND.

9 Section 3 of the Federal Aid in Wildlife Restoration

10 Act (16 U.S.C. 669b) is amended—

11 (1) in subsection (a) by inserting ‘‘(1)’’ after

12 ‘‘(a)’’, and by adding at the end the following:

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

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

15 conservation and restoration account’. Amounts trans16 ferred to the fund for a fiscal year under section 5(b)(3)

17 of the Conservation and Reinvestment Act of 1999 shall

18 be deposited in the subaccount and shall be available with19 out further appropriation, in each fiscal year, for appor20 tionment in accordance with this Act to carry out State

21 wildlife conservation and restoration programs.’’; and

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

23 ‘‘(c) Amounts transferred to the fund from the Con24 servation and Reinvestment Act Fund and apportioned

25 under subsection (a)(2) shall supplement, but not replace,
46

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1 existing funds available to the States from the sport fish

2 restoration account and wildlife restoration account and

3 shall be used for the development, revision, and implemen4 tation of wildlife conservation and restoration programs

5 and should be used to address the unmet needs for a di6 verse array of wildlife and associated habitats, including

7 species that are not hunted or fished, for wildlife conserva8 tion, wildlife conservation education, and wildlife-associ9 ated recreation projects. Such funds may be used for new

10 programs and projects as well as to enhance existing pro11 grams and projects.

12 ‘‘(d)(1) Notwithstanding subsections (a) and (b) of

13 this section, with respect to amounts transferred to the

14 fund from the Conservation and Reinvestment Act Fund

15 so much of such amounts as is apportioned to any State

16 for any fiscal year and as remains unexpended at the close

17 thereof shall remain available for expenditure in that State

18 until the close of—

19 ‘‘(A) the fourth succeeding fiscal year, in the

20 case of amounts transferred in any of the first 10

21 fiscal years beginning after the date of enactment of

22 the Conservation and Reinvestment Act of 1999; or

23 ‘‘(B) the second succeeding fiscal year, in the

24 case of amounts transferred in a fiscal year begin-
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1 ning after the 10-fiscal-year period referred to in

2 subparagraph (A).

3 ‘‘(2) Any amount apportioned to a State under this

4 subsection that is unexpended or unobligated at the end

5 of the period during which it is available under paragraph

6 (1) shall be reapportioned to all States during the suc7 ceeding fiscal year.’’.

8 SEC. 304. APPORTIONMENT OF AMOUNTS TRANSFERRED

9 FROM CONSERVATION AND REINVESTMENT

10 ACT FUND.

11 (a) IN GENERAL.—Section 4 of the Federal Aid in

12 Wildlife Restoration Act (16 U.S.C. 669c) is amended by

13 adding at the end the following new subsection:

14 ‘‘(c) AMOUNTS TRANSFERRED FROM CONSERVATION

15 AND REINVESTMENT ACT FUND.—(1) The Secretary of

16 the Interior shall make the following apportionment from

17 the amount transferred to the fund from the Conservation

18 and Reinvestment Act Fund for each fiscal year:

19 ‘‘(A) To the District of Columbia and to the

20 Commonwealth of Puerto Rico, each a sum equal to

not more than 1 21 ⁄2 of 1 percent thereof.

22 ‘‘(B) To Guam, American Samoa, the Virgin Is23 lands, and the Commonwealth of the Northern Mariana Islands, each a sum equal to not more than 1 24 ⁄6

25 of 1 percent thereof.
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1 ‘‘(2)(A) The Secretary of the Interior, after making

2 the apportionment under paragraph (1), shall apportion

3 the remainder of the amount transferred to the fund from

4 the Conservation and Reinvestment Act Fund for each fis5 cal year among the States in the following manner:

‘‘(i) 1 6 ⁄3 of which is based on the ratio to which

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

8 area of all such States.

‘‘(ii) 2 9 ⁄3 of which is based on the ratio to which

10 the population of such State bears to the total popu11 lation of all such States.

12 ‘‘(B) The amounts apportioned under this paragraph

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

apportioned a sum which is less than 1 14 ⁄2 of 1 percent of

15 the amount available for apportionment under this para16 graph for any fiscal year or more than 5 percent of such

17 amount.

18 ‘‘(3) Amounts transferred to the fund from the Con19 servation and Reinvestment Act Fund shall not be avail20 able for any expenses incurred in the administration and

21 execution of programs carried out with such amounts.

22 ‘‘(d) WILDLIFE CONSERVATION AND RESTORATION

23 PROGRAMS.—(1) Any State, through its fish and wildlife

24 department, may apply to the Secretary of the Interior

25 for approval of a wildlife conservation and restoration pro-
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1 gram, or for funds to develop a program. To apply, a State

2 shall submit a comprehensive plan that includes—

3 ‘‘(A) provisions vesting in the fish and wildlife

4 department of the State overall responsibility and

5 accountability for the program;

6 ‘‘(B) provisions for the development and imple7 mentation of—

8 ‘‘(i) wildlife conservation projects that ex9 pand and support existing wildlife programs,

10 giving appropriate consideration to all wildlife;

11 ‘‘(ii) wildlife-associated recreation projects;

12 and

13 ‘‘(iii) wildlife conservation education

14 projects pursuant to programs under section

15 8(a); and

16 ‘‘(C) provisions to ensure public participation in

17 the development, revision, and implementation of

18 projects and programs required under this para19 graph.

20 ‘‘(2) A State shall provide an opportunity for public

21 participation in the development of the comprehensive

22 plan required under paragraph (1).

23 ‘‘(3) If the Secretary finds that the comprehensive

24 plan submitted by a State complies with paragraph (1),

25 the Secretary shall approve the wildlife conservation and
50

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1 restoration program of the State and set aside from the

2 apportionment to the State made pursuant to subsection

3 (c) an amount that shall not exceed 75 percent of the esti4 mated cost of developing and implementing the program.

5 ‘‘(4)(A) Except as provided in subparagraph (B),

6 after the Secretary approves a State’s wildlife conservation

7 and restoration program, the Secretary may make pay8 ments on a project that is a segment of the State’s wildlife

9 conservation and restoration program as the project pro10 gresses. Such payments, including previous payments on

11 the project, if any, shall not be more than the United

12 States pro rata share of such project. The Secretary,

13 under such regulations as he may prescribe, may advance

14 funds representing the United States pro rata share of

15 a project that is a segment of a wildlife conservation and

16 restoration program, including funds to develop such pro17 gram.

18 ‘‘(B) Not more than 10 percent of the amounts ap19 portioned to each State under this section for a State’s

20 wildlife conservation and restoration program may be used

21 for wildlife-associated recreation.

22 ‘‘(5) For purposes of this subsection, the term ‘State’

23 shall include the District of Columbia, the Commonwealth

24 of Puerto Rico, the Virgin Islands, Guam, American
51

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1 Samoa, and the Commonwealth of the Northern Mariana

2 Islands.’’.

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

4 agency personnel or with personnel of other State agencies

5 pursuant to the Federal Aid in Wildlife Restoration Act

6 or the Federal Aid in Sport Fish Restoration Act shall

7 not be subject to the Federal Advisory Committee Act (5

8 U.S.C. App.). Except for the preceding sentence, the pro9 visions of this title relate solely to wildlife conservation and

10 restoration programs and shall not be construed to affect

11 the provisions of the Federal Aid in Wildlife Restoration

12 Act relating to wildlife restoration projects or the provi13 sions of the Federal Aid in Sport Fish Restoration Act

14 relating to fish restoration and management projects.

15 SEC. 305. EDUCATION.

16 Section 8(a) of the Federal Aid in Wildlife Restora17 tion Act (16 U.S.C. 669g(a)) is amended by adding the

18 following at the end thereof: ‘‘Funds available from the

19 amount transferred to the fund from the Conservation and

20 Reinvestment Act Fund may be used for a wildlife con21 servation education program, except that no such funds

22 may be used for education efforts, projects, or programs

23 that promote or encourage opposition to the regulated tak24 ing of wildlife.’’.
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1 SEC. 306. PROHIBITION AGAINST DIVERSION.

2 No designated State agency shall be eligible to receive

3 matching funds under this title if sources of revenue avail4 able to it after January 1, 1999, for conservation of wild5 life are diverted for any purpose other than the adminis6 tration of the designated State agency, it being the inten7 tion of Congress that funds available to States under this

8 title be added to revenues from existing State sources and

9 not serve as a substitute for revenues from such sources.

10 Such revenues shall include interest, dividends, or other

11 income earned on the forgoing.

12 TITLE IV—URBAN PARK AND

13 RECREATION RECOVERY

14 PROGRAM AMENDMENTS

15 SEC. 401. AMENDMENT OF URBAN PARK AND RECREATION

16 RECOVERY ACT OF 1978.

17 Except as otherwise expressly provided, whenever in

18 this title an amendment or repeal is expressed in terms

19 of an amendment to, or repeal of, a section or other provi20 sion, the reference shall be considered to be made to a

21 section or other provision of the Urban Park and Recre22 ation Recovery Act of 1978 (16 U.S.C. 2501 and fol23 lowing).
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1 SEC. 402. PURPOSE.

2 The purpose of this title is to provide a dedicated

3 source of funding to assist local governments in improving

4 their park and recreation systems.

5 SEC. 403. TREATMENT OF AMOUNTS TRANSFERRED FROM

6 CONSERVATION AND REINVESTMENT ACT

7 FUND.

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

9 as follows:

10 ‘‘TREATMENT OF AMOUNTS TRANSFERRED FROM

11 CONSERVATION AND REINVESTMENT ACT FUND

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

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

14 the Conservation and Reinvestment Act of 1999 in a fiscal

15 year shall be available to the Secretary without further

16 appropriation to carry out this title. Any amount that has

17 not been paid or obligated by the Secretary before the end

18 of the second fiscal year beginning after the first fiscal

19 year in which the amount is available shall be reappor20 tioned by the Secretary among grantees under this title.

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

22 amounts available in a fiscal year under subsection (a)—

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

24 grants for the development of local park and recre25 ation recovery action programs pursuant to sections

26 1007(a) and 1007(c);
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1 ‘‘(2) not more than 10 percent may be used for

2 innovation grants pursuant to section 1006; and

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

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

5 State.

6 ‘‘(c) LIMITATION ON USE FOR GRANT ADMINISTRA7 TION.—The Secretary shall establish a limit on the portion

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

9 and program administration.’’.

10 SEC. 404. AUTHORITY TO DEVELOP NEW AREAS AND FA11 CILITIES.

12 Section 1003 (16 U.S.C. 2502) is amended by insert13 ing ‘‘development of new recreation areas and facilities,

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

15 after ‘‘rehabilitation of critically needed recreation areas,

16 facilities,’’.

17 SEC. 405. DEFINITIONS.

18 Section 1004 (16 U.S.C. 2503) is amended as fol19 lows:

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

21 semicolon.

22 (2) In paragraph (k) by striking the period at

23 the end and inserting a semicolon.

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

25 ‘‘(l) ‘development grants’—
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1 ‘‘(1) subject to subparagraph (2) means

2 matching capital grants to units of local govern3 ment to cover costs of development, land acqui4 sition, and construction on existing or new

5 neighborhood recreation sites, including indoor

6 and outdoor recreational areas and facilities,

7 support facilities, and landscaping; and

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

9 and upkeep activities; and

10 ‘‘(m) ‘Secretary’ means the Secretary of the In11 terior.’’.

12 SEC. 406. ELIGIBILITY.

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

14 read as follows:

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

16 to compete for assistance under this title shall be based

17 upon need as determined by the Secretary. Generally, eli18 gible general purpose local governments shall include the

19 following:

20 ‘‘(1) All political subdivisions of Metropolitan,

21 Primary, or Consolidated Statistical Areas, as deter22 mined by the most recent Census.

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

24 towns (or both) within such a Metropolitan Statis-
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1 tical Area, that has a total population of 50,000 or

2 more as determined by the most recent Census.

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

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

5 by the most recent Census.’’.

6 SEC. 407. GRANTS.

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

8 (1) in subsection (a) by redesignating para9 graph (3) as paragraph (4); and

10 (2) by striking so much as precedes subsection

11 (a)(4) (as so redesignated) and inserting the fol12 lowing:

13 ‘‘GRANTS

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

15 percent matching grants for rehabilitation, development,

16 and innovation purposes to any eligible general purpose

17 local government upon approval by the Secretary of an ap18 plication submitted by the chief executive of such govern19 ment.

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

21 under this section may be transferred in whole or part to

22 independent special purpose local governments, private

23 nonprofit agencies, or county or regional park authorities,

24 if—

25 ‘‘(A) such transfer is consistent with the ap26 proved application for the grant; and
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1 ‘‘(B) the applicant provides assurance to the

2 Secretary that the applicant will maintain public

3 recreation opportunities at assisted areas and facili4 ties owned or managed by the applicant in accord5 ance with section 1010.

6 ‘‘(3) Payments may be made only for those rehabilita7 tion, development, or innovation projects that have been

8 approved by the Secretary. Such payments may be made

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

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

11 SEC. 408. RECOVERY ACTION PROGRAMS.

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

13 (1) in subsection (a) in the first sentence by in14 serting ‘‘development,’’ after ‘‘commitments to ongo15 ing planning,’’; and

16 (2) in subsection (a)(2) by inserting ‘‘develop17 ment and’’ after ‘‘adequate planning for’’.

18 SEC. 409. STATE ACTION INCENTIVES.

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

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

21 the first sentence; and

22 (2) by striking the last sentence of subsection

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

24 and inserting the following:
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1 ‘‘(b) COORDINATION WITH LAND AND WATER CON2 SERVATION FUND ACTIVITIES.—(1) The Secretary and

3 general purpose local governments are encouraged to co4 ordinate preparation of recovery action programs required

5 by this title with State Plans or Agendas required under

6 section 6 of the Land and Water Conservation Fund Act

7 of 1965, including by allowing flexibility in preparation of

8 recovery action programs so they may be used to meet

9 State and local qualifications for local receipt of Land and

10 Water Conservation Fund grants or State grants for simi11 lar purposes or for other conservation or recreation pur12 poses.

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

14 the findings, priorities, strategies, and schedules included

15 in the recovery action programs of their urban localities

16 in preparation and updating of State plans in accordance

17 with the public coordination and citizen consultation re18 quirements of subsection 6(d) of the Land and Water Con19 servation Fund Act of 1965.’’.

20 SEC. 410. CONVERSION OF RECREATION PROPERTY.

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

22 as follows:

23 ‘‘CONVERSION OF RECREATION PROPERTY

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

25 or rehabilitated under this title shall, without the approval
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1 of the Secretary, be converted to any purpose other than

2 public recreation purposes.

3 ‘‘(2) Paragraph (1) shall apply to—

4 ‘‘(A) property developed with amounts provided

5 under this title; and

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

7 of which the property is a part.

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

9 only if the grantee demonstrates no prudent or feasible

10 alternative exists.

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

12 no longer a viable recreation facility due to changes in de13 mographics or that must be abandoned because of environ14 mental contamination which endangers public health or

15 safety.

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

17 Secretary considers necessary to assure substitution of

18 other recreation property that is—

19 ‘‘(1) of at least equal fair market value, or rea20 sonably equivalent usefulness and location; and

21 ‘‘(2) in accord with the current recreation re22 covery action plan of the grantee.’’.

23 SEC. 411. REPEAL.

24 Section 1015 (16 U.S.C. 2514) is repealed.
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1 TITLE V—HISTORIC

2 PRESERVATION FUND

3 SEC. 501. TREATMENT OF AMOUNTS TRANSFERRED FROM

4 CONSERVATION AND REINVESTMENT ACT

5 FUND.

6 Section 108 of the National Historic Preservation Act

7 (16 U.S.C. 470h) is amended—

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

9 (2) in subsection (a) (as designated by para10 graph (1) of this section) by striking all after the

11 first sentence; and

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

13 ‘‘(b) Amounts transferred to the Secretary under sec14 tion 5(b)(5) of the Conservation and Reinvestment Act of

15 1999 in a fiscal year shall be deposited into the Fund and

16 shall be available without further appropriation, in that

17 fiscal year, to carry out this Act.

‘‘(c) At least 1 18 ⁄2 of the funds obligated or expended

19 each fiscal year under this Act shall be used in accordance

20 with this Act for preservation projects on historic prop21 erties. In making such funds available, the Secretary shall

22 give priority to the preservation of endangered historic

23 properties.’’.
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1 SEC. 502. STATE USE OF HISTORIC PRESERVATION ASSIST2 ANCE FOR NATIONAL HERITAGE AREAS AND

3 CORRIDORS.

4 Title I of the National Historic Preservation Act (16

5 U.S.C. 470a and following) is amended by adding at the

6 end the following:

7 ‘‘SEC. 114. STATE USE OF ASSISTANCE FOR NATIONAL HER8 ITAGE AREAS AND CORRIDORS.

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

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

11 by the State to provide financial assistance to the manage12 ment entity for any national heritage area or national her13 itage corridor established under the laws of the United

14 States, to support cooperative historic preservation plan15 ning and development.’’.

16 TITLE VI—FEDERAL AND INDIAN

17 LANDS RESTORATION

18 SEC. 601. PURPOSE.

19 The purpose of this title is to provide a dedicated

20 source of funding for a coordinated program on Federal

21 and Indian lands to restore degraded lands, protect re22 sources that are threatened with degradation, and protect

23 public health and safety.
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1 SEC. 602. TREATMENT OF AMOUNTS TRANSFERRED FROM

2 CONSERVATION AND REINVESTMENT ACT

3 FUND; ALLOCATION.

4 (a) IN GENERAL.—Amounts transferred to the Sec5 retary of the Interior and the Secretary of Agriculture

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

7 available without further appropriation, in that fiscal year,

8 to carry out this title.

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

10 (a) year shall be allocated and available as follows:

11 (1) DEPARTMENT OF THE INTERIOR.—60 per12 cent shall be allocated and available to the Secretary

13 of the Interior to carry out the purpose of this title

14 on lands within the National Park System, lands

15 within the National Wildlife Refuge System, and

16 public lands administered by the Bureau of Land

17 Management.

18 (2) DEPARTMENT OF AGRICULTURE.—30 per19 cent shall be allocated and available to the Secretary

20 of Agriculture to carry out the purpose of this title

21 on lands within the National Forest System.

22 (3) INDIAN TRIBES.—10 percent shall be allo23 cated and available to the Secretary of the Interior

24 for competitive grants to qualified Indian tribes

25 under section 603(b).
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1 SEC. 603. AUTHORIZED USES OF TRANSFERRED AMOUNTS.

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

3 this title shall be used solely for restoration of degraded

4 lands, resource protection, maintenance activities related

5 to resource protection, or protection of public health or

6 safety.

7 (b) COMPETITIVE GRANTS TO INDIAN TRIBES.—

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

9 Interior shall administer a competitive grant pro10 gram for Indian tribes, giving priority to projects

11 based upon the protection of significant resources,

12 the severity of damages or threats to resources, and

13 the protection of public health or safety.

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

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

16 grants under this subsection may not exceed 10 per17 cent of the total amount available for that fiscal year

18 for grants under this subsection.

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

20 and the Secretary of Agriculture shall each establish pri21 ority lists for the use of funds available under this title.

22 Each list shall give priority to projects based upon the pro23 tection of significant resources, the severity of damages

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

25 or safety.
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1 (d) COMPLIANCE WITH APPLICABLE PLANS.—Any

2 project carried out on Federal lands with amounts pro3 vided under this title shall be carried out in accordance

4 with all management plans that apply under Federal law

5 to the lands.

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

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

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

9 of Agriculture shall jointly establish a coordinated pro10 gram for—

11 (1) tracking the progress of activities carried

12 out with amounts made available by this title; and

13 (2) determining the extent to which demon14 strable results are being achieved by those activities.

15 SEC. 604. INDIAN TRIBE DEFINED.

16 In this title, the term ‘‘Indian tribe’’ means an Indian

17 or Alaska Native tribe, band, nation, pueblo, village, or

18 community that the Secretary of the Interior recognizes

19 as an Indian tribe under section 104 of the Federally Rec20 ognized Indian Tribe List Act of 1994 (25 U.S.C. 479a–

21 1).
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1 TITLE VII—CONSERVATION

2 EASEMENTS AND ENDAN3 GERED AND THREATENED

4 SPECIES RECOVERY

5 Subtitle A—Conservation

6 Easements

7 SEC. 701. PURPOSE.

8 The purpose of this subtitle is to provide a dedicated

9 source of funding to the Secretary of the Interior for pro10 grams to provide matching grants to certain eligible enti11 ties to facilitate the purchase of permanent conservation

12 easements in order to—

13 (1) protect the ability of these lands to main14 tain their traditional uses; and

15 (2) prevent the loss of their value to the public

16 because of development that is inconsistent with

17 their traditional uses.

18 SEC. 702. TREATMENT OF AMOUNTS TRANSFERRED FROM

19 CONSERVATION AND REINVESTMENT ACT

20 FUND.

21 Amounts transferred to the Secretary of the Interior

22 under section 5(b)(7)(A) in a fiscal year shall be available

23 to the Secretary of the Interior without further appropria24 tion, in that fiscal year, to carry out this subtitle.
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1 SEC. 703. AUTHORIZED USES OF TRANSFERRED AMOUNTS.

2 The Secretary of the Interior may use the amounts

3 available under section 702 for the Conservation Ease4 ment Program established by section 704.

5 SEC. 704. CONSERVATION EASEMENT PROGRAM.

6 (a) GRANTS AUTHORIZED; PURPOSE.—The Sec7 retary of the Interior shall establish and carry out a pro8 gram, to be known as the ‘‘Conservation Easement Pro9 gram’’, under which the Secretary shall provide grants to

10 eligible entities described in subsection (c) to provide the

11 Federal share of the cost of purchasing permanent con12 servation easements in land with prime, unique, or other

13 productive uses.

14 (b) FEDERAL SHARE.—The Federal share of the cost

15 of purchasing a conservation easement described in sub16 section (a) may not exceed 50 percent of the total cost

17 of purchasing the easement.

18 (c) ELIGIBLE ENTITY DEFINED.—In this section, the

19 term ‘‘eligible entity’’ means any of the following:

20 (1) An agency of a State or local government.

21 (2) A federally recognized Indian tribe.

22 (3) Any organization that is organized for, and

23 at all times since its formation has been operated

24 principally for, one or more of the conservation pur25 poses specified in clause (i), (ii), or (iii) of section
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1 170(h)(4)(A) of the Internal Revenue Code of 1986

2 and—

3 (A) is described in section 501(c)(3) of the

4 Code;

5 (B) is exempt from taxation under section

6 501(a) of the Code; and

7 (C) is described in paragraph (2) of section

8 509(a) of the Code, or paragraph (3) of such

9 section, but is controlled by an organization de10 scribed in paragraph (2) of such section.

11 (d) TITLE; ENFORCEMENT.—Any eligible entity may

12 hold title to a conservation easement described in sub13 section (a) and enforce the conservation requirements of

14 the easement.

15 (e) STATE CERTIFICATION.—As a condition of the re16 ceipt by an eligible entity of a grant under subsection (a),

17 the attorney general of the State in which the conservation

18 easement is to be purchased using the grant funds shall

19 certify that the conservation easement to be purchased is

20 in a form that is sufficient, under the laws of the State,

21 to achieve the conservation purpose of the Conservation

22 Easement Program and the terms and conditions of the

23 grant.

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

25 conservation easement is purchased under this section
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1 shall be subject to the requirements of a conservation plan

2 to the extent that the plan does not negate or adversely

3 affect the restrictions contained in the easement.

4 (g) TECHNICAL ASSISTANCE.—The Secretary of the

5 Interior may not use more than 10 percent of the amount

6 that is made available for any fiscal year under this pro7 gram to provide technical assistance to carry out this sec8 tion.

9 Subtitle B—Endangered and

10 Threatened Species Recovery

11 SEC. 711. PURPOSES.

12 The purposes of this subtitle are the following:

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

14 the United States Fish and Wildlife Service and the

15 National Marine Fisheries Service for the purpose of

16 implementing an incentives program to promote the

17 recovery of endangered species and threatened spe18 cies and the habitat upon which they depend.

19 (2) To promote greater involvement by non20 Federal entities in the recovery of the Nation’s en21 dangered species and threatened species and the

22 habitat upon which they depend.
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1 SEC. 712. TREATMENT OF AMOUNTS TRANSFERRED FROM

2 CONSERVATION AND REINVESTMENT ACT

3 FUND.

4 Amounts transferred to the Secretary of the Interior

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

6 be available to the Secretary of the Interior without fur7 ther appropriation, in that fiscal year, to carry out this

8 subtitle.

9 SEC. 713. ENDANGERED AND THREATENED SPECIES RE10 COVERY ASSISTANCE.

11 (a) FINANCIAL ASSISTANCE.—The Secretary may

12 use amounts made available under section 712 to provide

13 financial assistance to any person for development and im14 plementation of Endangered and Threatened Species Re15 covery Agreements entered into by the Secretary under

16 section 714.

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

18 section, the Secretary shall give priority to the develop19 ment and implementation of species recovery agreements

20 that—

21 (1) implement actions identified under recovery

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

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

24 1533(f));
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1 (2) have the greatest potential for contributing

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

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

5 assistance—

6 (A) on land owned by a small landowner;

7 or

8 (B) on a family farm by the owner or oper9 ator of the family farm.

10 (c) PROHIBITION ON ASSISTANCE FOR REQUIRED

11 ACTIVITIES.—The Secretary may not provide financial as12 sistance under this section for any action that is required

13 by a permit issued under section 10(a)(1)(B) of the En14 dangered Species Act of 1973 (16 U.S.C. 1539(a)(1)(B))

15 or an incidental take statement issued under section 7 of

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

17 under that Act or any other Federal law.

18 (d) PAYMENTS UNDER OTHER PROGRAMS.—

19 (1) OTHER PAYMENTS NOT AFFECTED.—Finan20 cial assistance provided to a person under this sec21 tion shall be in addition to, and shall not affect, the

22 total amount of payments that the person is other23 wise eligible to receive under the conservation re24 serve program established under subchapter B of

25 chapter 1 of subtitle D of title XII of the Food Se-
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1 curity Act of 1985 (16 U.S.C. 3831 and following),

2 the wetlands reserve program established under sub3 chapter C of that chapter (16 U.S.C. 3837 and fol4 lowing), or the Wildlife Habitat Incentives Program

5 established under section 387 of the Federal Agri6 culture Improvement and Reform Act of 1996 (16

7 U.S.C. 3836a).

8 (2) LIMITATION.—A person may not receive fi9 nancial assistance under this section to carry out ac10 tivities under a species recovery agreement in addi11 tion to payments under the programs referred to in

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

13 terms of the species recovery agreement do not re14 quire financial or management obligations by the

15 person in addition to any such obligations of the

16 person under such programs.

17 SEC. 714. ENDANGERED AND THREATENED SPECIES RE18 COVERY AGREEMENTS.

19 (a) IN GENERAL.—The Secretary may enter into En20 dangered and Threatened Species Recovery Agreements

21 for purposes of this subtitle in accordance with this sec22 tion.

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

24 in each species recovery agreement provisions that—

25 (1) require the person—
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1 (A) to carry out on real property owned or

2 leased by the person activities not otherwise re3 quired by law that contribute to the recovery of

4 an endangered or threatened species;

5 (B) to refrain from carrying out on real

6 property owned or leased by the person other7 wise lawful activities that would inhibit the re8 covery of an endangered or threatened species;

9 or

10 (C) to do any combination of subpara11 graphs (A) and (B);

12 (2) describe the real property referred to in

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

14 (3) specify species recovery goals for the agree15 ment, and measures for attaining such goals;

16 (4) require the person to make measurable

17 progress each year in achieving those goals, includ18 ing a schedule for implementation of the agreement;

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

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

21 of the agreement in attaining those recovery goals;

22 (6) require the person to notify the Secretary

23 if—
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1 (A) any right or obligation of the person

2 under the agreement is assigned to any other

3 person; or

4 (B) any term of the agreement is breached

5 by the person or any other person to whom is

6 assigned a right or obligation of the person

7 under the agreement;

8 (7) specify the date on which the agreement

9 takes effect and the period of time during which the

10 agreement shall remain in effect;

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

12 effect on and after any date on which the Secretary

13 publishes a certification by the Secretary that the

14 person has not complied with the agreement; and

15 (9) allocate financial assistance provided under

16 this subtitle for implementation of the agreement, on

17 an annual or other basis during the period the

18 agreement is in effect based on the schedule for im19 plementation required under paragraph (4).

20 (c) REVIEW AND APPROVAL OF PROPOSED AGREE21 MENTS.—Upon submission by any person of a proposed

22 species recovery agreement under this section, the

23 Secretary—

24 (1) shall review the proposed agreement and de25 termine whether it complies with the requirements of
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1 this section and will contribute to the recovery of en2 dangered or threatened species that are the subject

3 of the proposed agreement;

4 (2) propose to the person any additional provi5 sions necessary for the agreement to comply with

6 this section; and

7 (3) if the Secretary determines that the agree8 ment complies with the requirements of this section,

9 shall approve and enter with the person into the

10 agreement.

11 (d) MONITORING IMPLEMENTATION OF AGREE12 MENTS.—The Secretary shall—

13 (1) periodically monitor the implementation of

14 each species recovery agreement entered into by the

15 Secretary under this section; and

16 (2) based on the information obtained from

17 that monitoring, annually or otherwise disburse fi18 nancial assistance under this subtitle to implement

19 the agreement as the Secretary determines is appro20 priate under the terms of the agreement.

21 SEC. 715. DEFINITIONS.

22 In this subtitle:

23 (1) ENDANGERED OR THREATENED SPECIES.—

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

25 any species that is listed as an endangered species
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1 or threatened species under section 4 of the Endan2 gered Species Act of 1973 (16 U.S.C. 1533).

3 (2) FAMILY FARM.—The term ‘‘family farm’’

4 means a farm that—

5 (A) produces agricultural commodities for

6 sale in such quantities so as to be recognized in

7 the community as a farm and not as a rural

8 residence;

9 (B) produces enough income, including off10 farm employment, to pay family and farm oper11 ating expenses, pay debts, and maintain the

12 property;

13 (C) is managed by the operator;

14 (D) has a substantial amount of labor pro15 vided by the operator and the operator’s family;

16 and

17 (E) uses seasonal labor only during peak

18 periods, and uses no more than a reasonable

19 amount of full-time hired labor.

20 (3) SECRETARY.—The term ‘‘Secretary’’ means

21 the Secretary of the Interior or the Secretary of

22 Commerce, in accordance with section 3 of the En23 dangered Species Act of 1973 (16 U.S.C. 1532).
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1 (4) SMALL LANDOWNER.—The term ‘‘small

2 landowner’’ means an individual who owns 50 acres

3 or fewer of land.

4 (5) SPECIES RECOVERY AGREEMENT.—The

5 term ‘‘species recovery agreement’’ means an En6 dangered and Threatened Species Recovery Agree7 ment entered into by the Secretary under section

8 714.

Æ