II

106TH CONGRESS

1ST SESSION S. 25

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

amend the Outer Continental Shelf Lands Act Amendments of 1978,

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

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

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

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

American people, and for other purposes.

IN THE SENATE OF THE UNITED STATES

JANUARY 19, 1999

Ms. LANDRIEU (for herself, Mr. MURKOWSKI, Mr. BREAUX, Mr. SESSIONS,

Mr. JOHNSON, Mr. LOTT, Mr. CLELAND, Mr. GREGG, Ms. MIKULSKI,

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

and referred to the Committee on Energy and Natural Resources

A BILL

To provide Coastal Impact Assistance to State and local

governments, to amend the Outer Continental Shelf

Lands Act Amendments of 1978, the Land and Water

Conservation Fund Act of 1965, the Urban Park and

Recreation Recovery Act, and the Federal Aid in Wildlife

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

conservation and recreation needs of the American people, and for other purposes.
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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Conservation and Rein5 vestment Act of 1999’’.

6 TITLE I—COASTAL IMPACT

7 ASSISTANCE

8 SEC. 101. SHORT TITLE.

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

10 and Impact Assistance Act of 1998’’.

11 SEC. 102. AMENDMENT TO OUTER CONTINENTAL SHELF

12 LANDS ACT.

13 The Outer Continental Shelf Lands Act Amendments

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

15 at the end thereof a new title VII as follows:

16 ‘‘SEC. 701. FINDINGS.

17 ‘‘The Congress finds and declares that:

18 ‘‘(1) The Nation owns valuable mineral re19 sources that are located both onshore and in the

20 Federal Outer Continental Shelf, and the Federal

21 Government develops these resources for the benefit

22 of the Nation, under certain restrictions designed to

23 prevent environmental damage and other adverse

24 impacts.
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1 ‘‘(2) Nonetheless, the development of these min2 eral resources of the Nation is accompanied by un3 avoidable environmental impacts and public service

4 impacts in the States that host this development,

5 whether the development occurs onshore or on the

6 Federal Outer Continental Shelf.

7 ‘‘(3) The Federal Government has a respon8 sibility to the States affected by development of Fed9 eral mineral resources to mitigate adverse environ10 mental and public service impacts incurred due to

11 that development.

12 ‘‘(4) The Federal Government discharges its re13 sponsibility to States where onshore Federal mineral

14 development occurs by sharing 50 percent of the rev15 enue derived from the Federal mineral development

16 in that State pursuant to section 35 of the Mineral

17 Leasing Act.

18 ‘‘(5) Federal mineral development is occurring

19 as far as 200 miles offshore and occurs off the

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

21 Continental Shelf Lands Act does not adequately

22 compensate these States for the onshore impacts of

23 the offshore Federal mineral development.
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1 ‘‘(6) Federal Outer Continental Shelf mineral

2 development is an important and secure source of

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

4 ‘‘(7) Further technological advancements in oil

5 and natural gas exploration and production need to

6 be pursued and encouraged.

7 ‘‘(8) These technological achievements have and

8 will continue to result in new Outer Continental

9 Shelf production having an unparalleled record of

10 excellence on environmental safety issues.

11 ‘‘(9) Additional technological advances with ap12 propriate incentives will further improve new re13 source recovery and therefore increase revenues to

14 the Treasury for the benefit of all Americans who

15 enjoy programs funded by Outer Continental Shelf

16 moneys.

17 ‘‘(10) The Outer Continental Shelf Advisory

18 Committee of the Department of the Interior, con19 sisting of representatives of coastal States, rec20 ommended in October 1997 that Federal mineral

21 revenue derived from the entire Outer Continental

22 Shelf be shared with all coastal States and terri23 tories to mitigate onshore impacts from Federal off24 shore mineral development and for other environ25 mental mitigation.
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1 ‘‘(11) The Nation’s Federal mineral resources

2 are a nonrenewable capital asset of the Nation, with

3 the production and sale of this resource producing

4 revenue for the Nation, a portion of the revenue de5 rived from the production and sale of Federal min6 eral resources should be reinvested in the Nation

7 through environmental mitigation and public service

8 improvements.

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

10 to repeal or modify any existing moratorium on leas11 ing Federal OCS leases for drilling nor shall any12 thing in this title be interpreted as an incentive to

13 encourage the development of Federal OCS re14 sources where such resources currently are not being

15 developed.

16 ‘‘SEC. 702. DEFINITIONS.

17 ‘‘For purposes of this Act:

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

19 coastal State, that portion of revenue that is avail20 able to be distributed to that coastal State under

21 this title. For an eligible political subdivision of a

22 coastal State, such term means that portion of reve23 nue that is available to be distributed to that politi24 cal subdivision under this title.
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1 ‘‘(2) The term ‘coastal population’ means the

2 population of political subdivisions, as determined by

3 the most recent official data of the Census Bureau,

4 contained in whole or in part within the designated

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

6 coastal zone management program under the Coast7 al Zone Management Act (16 U.S.C. 1455).

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

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

10 1301 et seq.).

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

12 means a coastal political subdivision of a coastal

13 State which political subdivision has a seaward

14 boundary that lies within a distance of 200 miles

15 from the geographic center of any leased tract. The

16 Secretary shall annually provide a list of all eligible

17 political subdivisions of each coastal State to the

18 Governor of such State.

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

20 local political jurisdiction immediately below the level

21 of State government, including counties, parishes,

22 and boroughs. If State law recognizes an entity of

23 general government that functions in lieu of, and is

24 not within, a county, parish, or borough, the Sec25 retary may recognize an area under the jurisdiction
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1 of such other entities of general government as a po2 litical subdivision for purposes of this Act.

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

4 of the United States bordering on the Atlantic

5 Ocean, the Pacific Ocean, the Arctic Ocean, the Ber6 ing Sea, the Gulf of Mexico, or any of the Great

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

8 Virgin Islands, and the Commonwealth of the North9 ern Mariana Islands.

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

11 circle distance, measured in statute miles.

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

13 Government’s accounting period which begins on Oc14 tober 1 and ends on September 30, and is des15 ignated by the calendar year in which it ends.

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

17 elected official of a coastal State.

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

19 leased under section 8 of the Outer Continental

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

21 of drilling for, developing and producing oil and nat22 ural gas resources, which is a unit consisting of ei23 ther a block, a portion of a block, a combination of

24 blocks and/or portions of blocks, as specified in the
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1 lease, and as depicted on an Outer Continental Shelf

2 Official Protraction Diagram.

3 ‘‘(11) The term ‘revenues’ means all moneys re4 ceived by the United States as bonus bids, rents,

5 royalties (including payments for royalty taken in

6 kind and sold), net profit share payments, and relat7 ed late-payment interest from natural gas and oil

8 leases issued pursuant to the Outer Continental

9 Shelf Lands Act.

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

11 means all submerged lands lying seaward and out12 side of the area of ‘lands beneath navigable waters’

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

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

15 and seabed appertain to the United States and are

16 subject to its jurisdiction and control.

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

18 of the Interior or the Secretary’s designee.

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

20 ‘‘(a) ESTABLISHMENT OF FUND.—(1) There is estab21 lished in the Treasury of the United States a fund which

22 shall be known as the ‘Outer Continental Shelf Impact As23 sistance Fund’ (referred to in this Act as the ‘Fund’). The

24 Secretary shall deposit in the Fund 27 percent of the reve25 nues from each leased tract or portion of a leased tract
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1 lying seaward of the zone defined and governed by section

2 8(g) of the Outer Continental Shelf Lands Act (43 U.S.C.

3 1337(g)), or lying within such zone but to which section

4 8(g) does not apply, the geographic center of which lies

5 within a distance of 200 miles from any part of the coast6 line of any coastal State.

7 ‘‘(2) The Secretary of the Treasury shall invest mon8 eys in the Fund that are excess to expenditures at the

9 written request of the Secretary, in public debt securities

10 with maturities suitable to the needs of the Fund, as de11 termined by the Secretary, and bearing interest at rates

12 determined by the Secretary of the Treasury, taking into

13 consideration current market yields on outstanding mar14 ketable obligations of the United States of comparable ma15 turity.

16 ‘‘(b) PAYMENT TO STATES.—Notwithstanding sec17 tion 9 of the Outer Continental Shelf Lands Act (43

18 U.S.C. 1338), the Secretary shall, without further appro19 priation, make payments in each fiscal year to coastal

20 States and to eligible political subdivisions equal to the

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

22 together with the portion of interest earned from invest23 ment of the funds which corresponds to that amount (re24 duced by any refunds paid under section 705(c)). Such
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1 payments shall be allocated among the coastal States and

2 eligible political subdivisions as provided in this section.

3 ‘‘(c) DETERMINATION OF STATES’ ALLOCABLE

4 SHARES.—

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

6 For each coastal State, the Secretary shall deter7 mine the State’s allocable share of the total amount

8 of the revenues deposited in the Fund for each fiscal

9 year using the following weighted formula:

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

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

12 shoreline miles to the shoreline miles of all

13 coastal States.

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

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

16 coastal population to the coastal population of

17 all coastal States.

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

19 share shall be computed based upon Outer Con20 tinental Shelf production. If any portion of a

21 coastal State lies within a distance of 200 miles

22 from the geographic center of any leased tract,

23 such State shall receive 50 percent of its alloca24 ble share based on the Outer Continental Shelf

25 oil and gas production offshore of such State.
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1 Such part of its allocable share shall be in2 versely proportional to the distance between the

3 nearest port on the coastline of such State and

4 the geographic center of each leased tract or

5 portion of the leased tract (to the nearest whole

6 mile), as determined by the Secretary.

7 ‘‘(2) MINIMUM STATE SHARE.—

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

9 revenues determined by the Secretary under

10 this subsection for each coastal State with an

11 approved coastal management program (as de12 fined by the Coastal Zone Management Act (16

13 U.S.C. 1451) or which is making satisfactory

14 progress toward one shall not be less than 0.50

15 percent of the total amount of the revenues de16 posited in the Fund for each fiscal year. For

17 any other coastal State the allocable share of

18 such revenues shall not be less than 0.25 per19 cent of such revenues.

20 ‘‘(B) RECOMPUTATION.—Where one or

21 more coastal States’ allocable shares, as com22 puted under paragraph (1), are increased by

23 any amount under this paragraph, the allocable

24 share for all other coastal States shall be re25 computed and reduced by the same amount so
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1 that not more than 100 percent of the amount

2 deposited in the fund is allocated to all coastal

3 States. The reduction shall be divided pro rata

4 among such other coastal States.

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

6 ‘‘(A) DEFINITIONS.—In this paragraph:

7 ‘‘(i) NONPRODUCING STATE.—The

8 term ‘nonproducing State’ means a State

9 other than a producing State.

10 ‘‘(ii) PRODUCING STATE.—The term

11 ‘producing State’ means a State off the

12 coast of which any leased tract or tract in

13 State water produced oil, condensate, or

14 natural gas during fiscal year 1998 that,

15 during that fiscal year, was transported by

16 pipeline to a processing facility in the

17 State.

18 ‘‘(iii) TRACT IN STATE WATER.—The

19 term ‘tract in State water’ means a tract

20 on land beneath navigable water described

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

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

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

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

25 would result in an allocable share for any non-
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1 producing State that is greater than the alloca2 ble share for any producing State—

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

4 for each such producing State shall be in5 creased to the amount of the highest allo6 cable share for any such nonproducing

7 State; and

8 ‘‘(ii) the amount of the allocable

9 shares for States and other than States re10 ceiving increases under paragraph (2) shall

11 be reduced in the amount of the increase

12 under clause (i) in the proportion that the

13 allocable share for each such other State

14 after application of paragraphs (1) and (2)

15 bears to the total amount allocated to all

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

17 ‘‘(d) PAYMENT TO STATES AND POLITICAL SUBDIVI18 SIONS.—Each coastal State’s allocable share shall be di19 vided between the State and political subdivisions in that

20 State as follows:

21 ‘‘(1) 40 percent of each State’s allocable share,

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

23 the State;

24 ‘‘(2) 40 percent of each State’s allocable share,

25 as determined under subsection (c), shall be paid to
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1 the eligible political subdivisions in such State, with

2 the funds to be allocated among the eligible political

3 subdivisions using the following weighted formula:

4 ‘‘(A) 50 percent of an eligible political sub5 division’s allocable share shall be based on the

6 ratio of that eligible political subdivision’s acre7 age within the State’s coastal zone, as defined

8 in an approval State coast management pro9 gram (as defined by the Coastal Zone Manage10 ment Act (16 U.S.C. 1451)), to the entire acre11 age within the coastal zone in such State: Pro12 vided, however, That if the State in which the

13 eligible political subdivision is located does not

14 have an approved coastal management program,

15 then the allocable share shall be based on the

16 ratio of that eligible political subdivision’s

17 shoreline miles to the total shoreline miles in

18 that coastal State.

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

21 ratio of such eligible political subdivision’s

22 coastal population to the coastal population of

23 all eligible political subdivisions in that State.

24 ‘‘(C) 25 percent of an eligible political sub25 division’s allocable share shall be based on ra-
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1 tios that are inversely proportional to the dis2 tance between the nearest point on the seaward

3 boundary of each such eligible political subdivi4 sion and the geographic center of each leased

5 tract or portion of the leased tract (to the near6 est whole mile), as determined by the Secretary.

7 ‘‘(3) 20 percent of each State’s allocable share,

8 as determined under subsection (c), shall be allo9 cated to political subdivisions in the coastal State

10 that do not qualify as eligible political subdivisions

11 but which are determined by the Governor or the

12 Secretary to have impacts from Outer Continental

13 Shelf related activities and which have an approved

14 plan under this subsection.

15 ‘‘(4) PROJECT SUBMISSION.—Prior to the re16 ceipt of funds pursuant to this subsection for any

17 fiscal year, a political subdivision must submit to the

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

19 setting forth the projects and activities for which the

20 political subdivision proposes to expend such funds.

21 Such plan shall state the amounts proposed to be ex22 pended for each project or activity the upcoming fis23 cal year.

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

25 payment of funds pursuant to this subsection to any
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1 political subdivision for any fiscal year, the Governor

2 must approve the plan submitted by the political

3 subdivision pursuant to this subsection and notify

4 the Secretary of such approval. State approval of

5 any such plan shall be consistent with all applicable

6 State and Federal law. In the event the Governor

7 disapproves any such plan, the funds that would oth8 erwise be paid to the political subdivision shall be

9 placed in escrow by the Secretary pending modifica10 tion and approval of such plan, at which time such

11 funds together with interest thereon shall be paid to

12 the political subdivision.

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

14 approval from the Governor for a plan may appeal

15 to the Secretary and the Secretary may approve or

16 disapprove such plan based on the criteria set forth

17 in section 704: Provided, however, That the Sec18 retary shall have no authority to consider an appeal

19 of a political subdivision if the Governor of the State

20 has certified in writing to the Secretary that the

21 State has adopted a State program that by its ex22 press terms addresses the allocation of revenues to

23 political subdivisions.

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

25 States and political subdivisions under this section shall
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1 be made not later than December 31 of each year from

2 revenues received and interest earned thereon during the

3 immediately preceding fiscal year. Payment shall not com4 mence before the date 12 months following the date of

5 enactment of this Act.

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

7 States and political subdivisions under this section in any

8 fiscal year shall be disposed of according to the law other9 wise applicable to revenues from leases on the Outer Con10 tinental Shelf.

11 ‘‘SEC. 704. USES OF FUNDS.

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

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

14 and political subdivisions for—

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

16 wetlands, outdoor recreation programs, or other

17 coastal resources, including shoreline protection and

18 coastal restoration;

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

20 subdivision, contemplated by the Coastal Zone Man21 agement Act of 1972 (16 U.S.C. 1451 et seq.), the

22 provisions of subtitle B of title IV of the Oil Pollu23 tion Act of 1990 (104 Stat. 523), or the Federal

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

25 seq.);
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1 ‘‘(3) planning assistance and administrative

2 costs of complying with the provisions of this sub3 title;

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

5 Lands Act;

6 ‘‘(5) mitigating impacts of Outer Continental

7 Shelf activities, including onshore infrastructure and

8 public service needs; and

9 ‘‘(6) deposit in a State or political subdivision

10 administered trust fund dedicated to uses consistent

11 with this section.

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

13 projects and activities paid for by the moneys received

14 from the Fund shall comply with the state Coastal Zone

15 Management Plan and all applicable Federal, State and

16 local environmental laws and regulations.

17 ‘‘SEC. 705. STATE PLANS; CERTIFICATION; ANNUAL RE18 PORT; REFUNDS.

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

20 of enactment of this Act, the Governor of every State eligi21 ble to receive moneys from the Fund shall develop a State

22 plan for the use of such moneys and shall certify the plan

23 to the Secretary. The plan shall be developed with public

24 participation and shall include the plan for the use of such

25 funds by every political subdivision of the State eligible
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1 to receive moneys from the Fund. The Governor shall cer2 tify to the Secretary that the plan was developed with pub3 lic participation and in accordance with all applicable

4 State laws. The Governor shall amend the plan, as nec5 essary, with public participation, but not less than every

6 five years.

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

8 the end of the fiscal year, any political subdivision receiv9 ing moneys from the Fund must certify to the Governor—

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

11 political subdivision during the previous fiscal year;

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

13 activity;

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

15 were expended; and

16 ‘‘(4) the status of each project or activity, in17 cluding a certification that the project or activity is

18 consistent with the State plan developed under para19 graph (a).

20 ‘‘(c) REPORT.—On June 15 of each year, the Gov21 ernor of each State receiving moneys from the Fund shall

22 account for all moneys so received for the previous fiscal

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

24 This report shall include a description of all projects and
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1 activities receiving funds under this Act, including all in2 formation required under subsection (a).

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

4 judicial decision, administrative review, arbitration, or

5 other means there are royalty refunds owed to entities

6 generating revenues under this Act, 27 percent of such

7 refunds shall be paid from amounts available in the

8 Fund.’’.

9 TITLE II—LAND AND WATER

10 CONSERVATION FUND REFORM

11 SEC. 201. SHORT TITLE.

12 This title may be cited as the ‘‘Land and Water Con13 servation Fund Reform Act of 1998’’.

14 SEC. 202. FINDINGS AND PURPOSE.

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

16 (1) The Land and Water Conservation Fund

17 Act of 1965 embodied a visionary concept—that a

18 portion of the proceeds from Outer Continental

19 Shelf mineral leasing revenues and the depletion of

20 a nonrenewable natural resource should result in a

21 legacy of public places accessible for public recre22 ation and benefit from resources belonging to all

23 people, of all generations, and the enhancement of

24 the most previous and most renewable natural re25 source of any nation, healthy and active citizens.
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1 (2) The State and local governments were to

2 occupy a pivotal role in accomplishing the purposes

3 of the Land and Water Conservation Fund Act of

4 1965 and the Act originally provided an equitable

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

6 local governments.

7 (3) However, because of competition for limited

8 Federal moneys and the need for an annual appro9 priation, this original intention has been abandoned

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

11 equitable proportion of funds.

12 (4) Nonetheless, with population growth and

13 urban sprawl, the demand for recreation and con14 servation areas, at the State and local level, includ15 ing urban localities, remains a high priority for our

16 citizens.

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

18 local level, there has been an increasing unmet need

19 for Federal moneys to be made available for Federal

20 purposes, with lands identified as important for Fed21 eral acquisition not being acquired for several years

22 due to insufficient funds.

23 (6) A new vision is called for—a vision that en24 compasses a multilevel national network of parks,

25 recreation and conservation areas that reaches
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1 across the country to touch all communities. Na2 tional parks are not enough; the federal government

3 alone cannot accomplish this. A national vision,

4 backed by realistic national funding support, to

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

6 Federal efforts, is the only way to effectively address

7 our ongoing outdoor recreation and conservation

8 needs.

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

10 a secure source of funds available for Federal purposes

11 authorized by the Land and Water Conservation Fund Act

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

13 private commitments envisioned in the Land and Water

14 Conservation Fund Act of 1965 and the Urban Park and

15 Recreation Recovery Act of 1978 by providing grants for

16 State, local and urban recreation and conservation needs.

17 SEC. 203. LAND AND WATER CONSERVATION FUND AMEND18 MENTS.

19 (a) REVENUES.—Section 2(c) of the Land and Water

20 Conservation Fund Act of 1965 (16 U.S.C. 460l–5(c)(1))

21 is amended as follows:

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

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

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

25 revenues, as that term is defined in the Conservation
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1 and Reinvestment Act of 1999, shall be deposited in

2 the Land and Water Conservation Fund in the

3 Treasury and shall be available, without further ap4 propriation, to carry out this Act for each fiscal year

5 thereafter through September 30, 2015.’’.

6 (3) By adding at the end the following new sub7 paragraph:

8 ‘‘(B) In those instances where through ju9 dicial decision, administrative review, arbitra10 tion, or other means there are royalty refunds

11 owed to entities generating revenues available

12 for purposes of this Act, 16 percent of such re13 funds shall be paid from amounts available

14 under this subsection.’’.

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

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

17 460l–5(c)(2)) is amended by striking ‘‘equivalent amounts

18 provided in clause (1)’’ and inserting ‘‘$900,000,000’’.

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

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

21 6) is amended by striking ‘‘Moneys’’ and inserting ‘‘Ex22 cept as provided under section 460l–5(c)(1), moneys’’.

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

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

25 460l–7) is amended as follows:
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1 (1) by inserting ‘‘(a)’’ at the beginning;

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

3 fund’’ and all that follows; and

4 (3) by adding at the end the following new sub5 section:

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

7 2(c)(1) of this Act (16 U.S.C. 460l–5(c)(1)) for obligation

8 or expenditure may be obligated or expended only as fol9 lows:

10 ‘‘(1) 45 percent shall be available for Federal

11 purposes. Notwithstanding section 7 of this Act (16

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

13 made available to the Secretary of Agriculture for

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

15 or water within the exterior boundaries of areas of

16 the National Forest System or any other land man17 agement unit established by an Act of Congress and

18 managed by the Secretary of Agriculture and 75

19 percent of such moneys shall be available to the Sec20 retary of the Interior for the acquisition of lands,

21 waters, or interests in land or water within the exte22 rior boundaries of areas of the National Park Sys23 tem, National Wildlife Refuge System, or other land

24 management unit established by an Act of Congress:

25 Provided, That at least two-thirds of the moneys
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1 available under this paragraph for Federal purposes

2 shall be spent east the 100th meridian: Provided fur3 ther, That no moneys available under this paragraph

4 for Federal purposes shall be used for condemnation

5 of any interest of property.

6 ‘‘(2) 45 percent shall be available for financial

7 assistance to the States under section 6 of this Act

8 (16 U.S.C. 460l–8) distributed according to the fol9 lowing allocation formula:

10 ‘‘(A) 60 percent shall be apportioned

11 equally among the several States.

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

13 the basis of the ration which the population of

14 each State bears to the total population of the

15 United States.

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

17 the basis of the urban population in each State

18 (as defined by Metropolitan Statistical Areas).

19 ‘‘(3) 10 percent shall be available to local gov20 ernments through the Urban Parks and Recreation

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

22 Department of the Interior.

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

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

25 Act (16 U.S.C. 460l–5(c)(1)) in each fiscal year as the
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1 Secretary of the Interior may estimate to be necessary for

2 expenses in the administration and execution of this sub3 section shall be deducted for that purpose, and such

4 amount is authorized to be made available therefor until

5 the expiration of the next succeeding fiscal year. Within

6 60 days after the close of such fiscal year, the Secretary

7 shall apportion any portion thereof as remains unex8 pended, if any, on the same basis and in the same manner

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

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

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

12 460l–8(a)) is amended by deleting ‘‘(3) development.’’ and

13 inserting in lieu thereof ‘‘(3) development, including the

14 facility rehabilitation.’’

15 (f) TRIBES AND ALASKA NATIVE VILLAGE CORPORA16 TIONS.—Subsection 6(b)(5) of the Land and Water Con17 servation Fund Act of 1965 (16 U.S.C. 460l–8(b)(5)) is

18 amended as follows:

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

20 (2) By adding at the end the following new sub21 paragraph:

22 ‘‘(B) For the purposes of paragraph (1), all

23 federally recognized Indian tribes and Alaska Native

24 Village Corporations (as defined in section 3(j) of

25 the Alaska Native Claims Settlement Act (43 U.S.C.
27

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1 1602(j)) shall be treated collectively as 1 State, and

2 shall receive shares of the apportionment under

3 paragraph (1) in accordance with a competitive

4 grant program established by the Secretary by rule.

5 Such rule shall ensure that in each fiscal year no

6 single tribe or Village Corporation receives more

7 than 10 percent of the total amount made available

8 to all tribes and Village Corporations pursuant to

9 the apportionment under paragraph (1). Funds re10 ceived by an Indian tribe or Village Corporation

11 under this subparagraph may be expended only for

12 the purposes specified in paragraphs (1) and (3) of

13 subsection (b).’’.

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

15 Land and Water Conservation Fund Act of 1965 (16

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

17 following new paragraph:

18 ‘‘(6) Absent some compelling and annually doc19 umented reason to the contrary acceptable to the

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

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

22 grants to local governments at least 50 percent of

23 the annual State apportionment, or an equivalent

24 amount made available from other sources.’’.
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1 (h) MATCH.—Subsection 6(c) of the Land and Water

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

3 amended to read as follows:

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

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

6 of outdoor recreation and conservation planning, acquisi7 tion or development projects that are undertaken by the

8 State.’’.

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

10 Land and Water Conservation Fund Act of 1965 (16

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

12 ‘‘(d) STATE ACTION AGENDA REQUIRED.—Each

13 State may define its own priorities and criteria for selec14 tion of outdoor recreation and conservation acquisition

15 and development projects eligible for grants under this Act

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

17 and publishes an accurate and current State Action Agen18 da for Community Recreation and Conservation indicating

19 the needs it has identified and the priorities and criteria

20 it has established. In order to assess its needs and estab21 lish its overall priorities, each State, in partnership with

22 its local governments and Federal agencies, and in con23 sultation with its citizens, shall develop a State Action

24 Agenda for Community Recreation and Conservation,
29

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1 within five years of enactment, that meets the following

2 requirements:

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

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

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

6 ‘‘(2) The agenda must be updated at least once

7 every 4 years and certified by the Governor that the

8 State Action Agenda for Community Recreation and

9 Conservation conclusions and proposed actions have

10 been considered in an active public involvement proc11 ess.

12 State Action Agendas for Community Recreation and Con13 servation shall take into account all providers of recreation

14 and conservation lands with each State, including Federal,

15 regional, and local government resources and shall be cor16 related whenever possible with other State, regional, and

17 local plans for parks, recreation, open space, and wetlands

18 conservation.

19 ‘‘Each State Action Agenda for Community Recre20 ation and Conservation shall specifically address wetlands

21 within that State as important outdoor recreation and con22 servation resources. Each State Action Agenda for Com23 munity Recreation and Conservation shall incorporate a

24 wetlands priority plan developed in consultation with the

25 State agency with responsibility for fish and wildlife re-
30

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1 sources which is consistent with that national wetlands

2 priority conservation plan developed under section 301 of

3 the Emergency Wetlands Resources Act.

4 ‘‘Recovery action programs developed by urban local5 ities under section 1007 of the Urban Park and Recre6 ation Recovery Act of 1978 shall be used by a State as

7 one guide to the conclusions, priorities and action sched8 ules contained in the State Action Agenda for Community

9 Recreation and Conservation. Each State shall assure that

10 any requirements for local outdoor recreation and con11 servation planning that are promulgated as conditions for

12 grants minimize redundancy of local efforts by allowing,

13 wherever possible, use of the findings, priorities, and im14 plementation schedules of recovery action programs to

15 meet such requirements.’’.

16 (j) Comprehensive State Plans developed by any

17 State under section 6(d) of the Land and Water Conserva18 tion Fund Act of 1965 (16 U.S.C. 460l–8(d)) before the

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

20 until or State Action Agenda for Community Recreation

21 and Conservation has been adopted pursuant to the

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

23 years after the enactment of this Act.
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1 (k) STATE PLANS.—Subsection 6(e) of the Land and

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

3 8(e)) is amended—

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

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

6 Action Agenda for Community Recreation and Con7 servation’’;

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

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

10 for Community Recreation and Conservation’’; and

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

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

13 (1).

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

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

16 460l–8(f)(3)) is amended by striking the second sentence

17 and inserting: ‘‘With the exception of those properties that

18 are no longer viable as an outdoor recreation and con19 servation facility due to changes in demographics or must

20 be abandoned because of environmental contamination

21 which endanger public health and safety, the Secretary

22 shall approve such conversion only if the State dem23 onstrates no prudent or feasible alternative exists. Any

24 conversion must satisfy any conditions the Secretary

25 deems necessary to assure the substitution of other recre-
32

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1 ation and conservation properties of at least equal fair

2 market value, or reasonably equivalent usefulness and lo3 cation and which are in accord with the existing State Ac4 tion Agenda for Community Recreation and Conservation:

5 Provided, That wetland areas and interests therein as

6 identified in the wetlands provisions of the action agenda

7 and proposed to be acquired as suitable replacement prop8 erty within that same State that is otherwise acceptable

9 to the Secretary shall be considered to be of reasonably

10 equivalent usefulness with the property proposed for con11 version.’’.

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

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

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

15 ‘‘(D) MAXIMUM FEDERAL COST PER PROJECT.—No

16 expenditure shall be made to acquire any Federal land the

17 cost of which exceeds $5,000,000 unless the funds for

18 such acquisition have been specifically allocated to the ac19 quisition in the report accompanying the legislation appro20 priating funds for the Federal agency concerned and such

21 allocation has been approved by resolution adopted by the

22 Committee on Resources of the United States House of

23 Representatives and the Committee on Energy and Natu24 ral Resources of the United States Senate.’’.
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1 SEC. 204. URBAN PARK AND RECREATION RECOVERY ACT

2 OF 1978 AMENDMENTS.

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

4 Recreation Recovery Act (16 U.S.C. 2503) is amended by

5 redesignating subsections (d), (e), and (f) as subsections

6 (f), (g), and (h) respectively, and by inserting the following

7 after subsection (c):

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

9 grants to local units of government to cover costs of devel10 opment and construction on existing or new neighborhood

11 recreation sites, including indoor and outdoor recreation

12 facilities, support facilities, and landscaping, but excluding

13 routine maintenance and upkeep activities;

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

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

16 incidental costs of purchasing new parkland to be perma17 nently dedicated and made accessible for public recreation

18 use;’’

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

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

21 amended to read as follows:

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

23 to compete for assistance under this title shall be based

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

25 list of eligible governments shall include the following:
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1 ‘‘(1) All central cities of Metropolitan, Primary

2 or Consolidated Statistical Areas as currently de3 fined by the census.

4 ‘‘(2) All political subdivisions included in Metro5 politan, Primary or Consolidated Statistical Areas as

6 currently defined by the census.

7 ‘‘(3) Any other city or town within a Metropoli8 tan Area with a total population of 50,000 or more

9 in the census of 1970, 1980 or 1990.

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

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

12 of 1970, 1980 or 1990.’’.

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

14 Urban Park and Recreation Recovery Act (16 U.S.C.

15 2505(a)) is amended by striking all through paragraph (3)

16 and inserting the following:

17 ‘‘SEC. 1006. (a) The Secretary is authorized to pro18 vide 70 percent matching grants for rehabilitation, innova19 tion, development or acquisition purposes of eligible gen20 eral purpose local governments upon his approval of appli21 cations therefor by the chief executives of such govern22 ments.

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

24 if consistent with an approved application, rehabili25 tation, innovation, development or acquisition grants
35

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1 may be transferred in whole or in part to independ2 ent special purpose local governments, private non3 profit agencies or county or regional park authori4 ties; except that, such grantees shall provide assur5 ance to the Secretary that they will maintain public

6 recreation opportunities as assisted areas and facili7 ties owned or managed by them in accordance with

8 section 1010 of this Act.

9 ‘‘(2) Payments may be made only for those re10 habilitation, innovation, development, or acquisition

11 projects which have been approved by the Secretary.

12 Such payments may be made from time to time in

13 keeping with the rate of progress toward completion

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

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

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

17 amended by striking the last sentence and inserting the

18 following: ‘‘The Secretary and general purpose local gov19 ernments are encouraged to coordinate preparation of re20 covery action programs required by this title with State

21 Action Agendas for Community Recreation and Conserva22 tion required by section 6 of the Land and Water Con23 servation Fund Act of 1965, including the allowance of

24 flexibility in local preparation of recovery action programs

25 so that they may be used to meet State or local qualifica-
36

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1 tions for local receipt of Land and Water Conservation

2 Fund grants or State grants for similar purposes or for

3 other recreation or conservation purposes. The Secretary

4 shall also encourage States to consider the findings, prior5 ities, strategies and schedules included in the recovery ac6 tion programs of their urban localities in preparation and

7 updating of the State Action Agendas for Community

8 Recreation and Conservation, in accordance with the pub9 lic coordination and citizen consultation requirements of

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

11 Act of 1965.’’.

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

13 and Recreation Recovery Act (16 U.S.C. 2509) is amend14 ed by striking the first sentence and inserting the follow15 ing: ‘‘No property acquired or improved or developed

16 under this title shall, without the approval of the Sec17 retary, be converted to other than public recreation uses.

18 The Secretary shall approve such conversion only if the

19 grantee demonstrates no prudent or feasible alternative

20 exists (with the exception of those properties that are no

21 longer a viable recreation facility due to changes in demo22 graphics or must be abandoned because of environmental

23 contamination which endanger public health and safety).

24 Any conversion must satisfy any conditions the Secretary

25 deems necessary to assure the substitution of other recre-
37

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1 ation properties of at least equal fair market value, or rea2 sonably equivalent usefulness and location and which are

3 in accord with the current recreation recovery action pro4 gram.’’.

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

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

7 TITLE III—WILDLIFE CONSERVA8 TION AND RESTORATION

9 SEC. 301. SHORT TITLE.

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

11 and Restoration Act of 1998’’.

12 SEC. 302. FINDINGS.

13 The Congress finds and declares that—

14 (1) a diverse array of species of fish and wild15 life is of significant value to the Nation for many

16 reasons: aesthetic, ecological, educational, cultural,

17 recreational, economic, and scientific;

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

19 States to retain for present and future generations

20 the opportunity to observe, understand, and appre21 ciate a wild variety of wildlife;

22 (3) millions of citizens participate in outdoor

23 recreation through hunting, fishing, and wildlife ob24 servation, all of which have significant value to the

25 citizens who engage in these activities;
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1 (4) providing sufficient and properly maintained

2 wildlife associated recreational opportunities is im3 portant to enhancing public appreciation of a diver4 sity of wildlife and the habitats upon which they de5 pend;

6 (5) lands and waters which contain species clas7 sified neither as game nor identified as endangered

8 or threatened also can provide opportunities for

9 wildlife associated recreation and education such as

10 hunting and fishing permitted by applicable State or

11 Federal law;

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

13 years willingly paid user fees in the form of Federal

14 excise taxes on hunting and fishing equipment to

15 support wildlife diversity and abundance, through

16 enactment of the Federal Aid in Wildlife Restoration

17 Act (commonly referred to as the Pittman-Robertson

18 Act) and the Federal Aid in Sport Fish Restoration

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

20 Wallop-Breaux Act);

21 (7) State programs, adequately funded to con22 serve a broader array of wildlife in an individual

23 State and conducted in coordination with Federal,

24 State, tribal, and private landowners and interested

25 organizations, would continue to serve as a vital link
39

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1 in a nationwide effort to restore game and nongame

2 wildlife, and the essential elements of such programs

3 should include conservation measures which manage

4 for a diverse variety of populations of wildlife; and

5 (8) it is proper for Congress to bolster and ex6 tend this highly successful program to aid game and

7 nongame wildlife in supporting the health and diver8 sity of habitat, as well as providing funds for con9 servation education.

10 SEC. 303. PURPOSES.

11 The purposes of this title are—

12 (1) to extend financial and technical assistance

13 to the States under the Federal Aid to Wildlife Res14 toration Act for the benefit of a diverse array of

15 wildlife and associated habitats, including species

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

17 of wildlife within the States while recognizing the

18 mandate of the States to conserve all wildlife;

19 (2) to assure sound conservation policies

20 through the development, revision and implementa21 tion of wildlife associated recreation and wildlife as22 sociated education and wildlife conservation law en23 forcement;

24 (3) to encourage State fish and wildlife agencies

25 to create partnerships between the Federal Govern-
40

S 25 IS

1 ment, other State agencies, wildlife conservation or2 ganizations, and outdoor recreation and conservation

3 interests through cooperative planning and imple4 mentation of this title; and

5 (4) to encourage State fish and wildlife agencies

6 to provide for public involvement in the process of

7 development and implementation of a wildlife con8 servation and restoration program.

9 SEC. 304. DEFINITIONS.

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

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

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

13 referred to as the Federal Aid in Wildlife Restoration Act

14 or the Pittman-Robertson Act.

15 (b) WILDLIFE CONSERVATION AND RESTORATION

16 PROGRAM.—Section 2 of the Federal Aid in Wildlife Res17 toration Act (16 U.S.C. 669a) is amended by inserting

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

19 following: ‘‘to include the wildlife conservation and res20 toration program and’’.

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

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

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

24 ‘‘State fish and game department’’.
41

S 25 IS

1 (d) CONSERVATION.—Section 2 is amended by strik2 ing the period at the end thereof, substituting a semicolon,

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

4 be construed to mean the use of methods and procedures

5 necessary or desirable to sustain healthy populations of

6 wildlife including all activities associated with scientific re7 sources management such as research, census, monitoring

8 of populations, acquisition, improvement and management

9 of habitat, live trapping and transplantation, wildlife dam10 age management, and periodic or total protection of a spe11 cies or population as well as the taking of individuals with12 in wildlife stock or population if permitted by applicable

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

14 restoration program’ shall be construed to mean a pro15 gram developed by a State fish and wildlife department

16 that the Secretary determines meets the criteria in section

17 6(d), the projects that constitute such a program, which

18 may be implemented in whole or part through grants and

19 contracts by a State to other State, Federal, or local agen20 cies wildlife conservation organizations and outdoor recre21 ation and conservation education entities from funds ap22 portioned under this title, and maintenance of such

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

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

25 fauna in captive breeding programs the object of which
42

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1 is to reintroduce individuals of a depleted indigenous spe2 cies into previously occupied range; the term ‘wildlife-asso3 ciated recreation’ shall be construed to mean projects in4 tended to meet the demand for outdoor activities associ5 ated with wildlife including, but not limited to, hunting

6 and fishing, such projects as construction or restoration

7 of wildlife viewing areas, observation towers, blinds, plat8 forms, land and water trails, water access, trailheads, and

9 access for such projects; and the term ‘wildlife conserva10 tion education’ shall be construed to mean projects, in11 cluding public outreach, intended to foster responsible nat12 ural resource stewardship.’’.

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

14 in Wildlife Restoration Act (16 U.S.C. 669b(a)) is amend15 ed in the first sentence by—

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

17 fiscal year 1975)’’; and

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

19 1954’’ the following: ‘‘, and (2) from 7 percent of

20 the revenues, as that term is defined in the Con21 servation and Reinvestment Act of 1999,’’.

22 SEC. 305. SUBACCOUNTS AND REFUNDS.

23 Section 3 of the Federal Aid in Wildlife Restoration

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

25 the following new subsections:
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1 ‘‘(c) A subaccount shall be established in the Federal

2 aid to wildlife restoration fund in the Treasury to be

3 known as the ‘wildlife conservation and restoration ac4 count’ and the credits to such account shall be equal to

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

6 Amounts in such account shall be invested by the Sec7 retary of the Treasury as set forth in subsection (b) and

8 shall be made available without further appropriation, to9 gether with interest, for apportionment at the beginning

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

11 out State wildlife conservation and restoration programs.

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

13 restoration account shall supplement, but not replace, ex14 isting funds available to the States from the sport fish

15 restoration and wildlife restoration accounts and shall be

16 used for the development, revision, and implementation of

17 wildlife conservation and restoration programs and should

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

19 of wildlife and associated habitats, including species that

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

21 conservation education, and wildlife-associated recreation

22 projects: Provided, Such funds may be used for new pro23 grams and projects as well as to enhance existing pro24 grams and projects.
44

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

2 Act, with respect to the wildlife conservation and restora3 tion account so much of the appropriation apportioned to

4 any State for any fiscal year as remains unexpended at

5 the close thereof is authorized to be made available for

6 expenditure in that State until the close of the fourth suc7 ceeding fiscal year. Any amount apportioned to any State

8 under this subsection that is unexpended or unobligated

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

10 expenditure on any project is authorized to be reappor11 tioned to all States during the succeeding fiscal year.

12 ‘‘(f) In those instances where through judicial deci13 sion, administrative review, arbitration, or other means

14 there are royalty refunds owed to entities generating reve15 nues available for purposes of this Act, 7 percent of such

16 refunds shall be paid from amounts available under sub17 section (a)(2).’’.

18 SEC. 306. ALLOCATION OF SUBACCOUNT RECEIPTS.

19 Section 4 of the Federal Aid in Wildlife Restoration

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

21 new subsection:

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

23 not to exceed 2 percent, of the revenues covered into the

24 wildlife conservation and restoration account in each fiscal

25 year as the Secretary of the Interior may estimate to be
45

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1 necessary for expenses in the administration and execution

2 of programs carried out under the wildlife conservation

3 and restoration account shall be deducted for that pur4 pose, and such amount is authorized to be made available

5 therefor until the expiration of the next succeeding fiscal

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

7 the Secretary of the Interior shall apportion any portion

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

9 and in the same manner as is provided under paragraphs

10 (2) and (3).

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

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

13 apportionment from the amount remaining in the wildlife

14 conservation and restoration account:

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

16 Commonwealth of Puerto Rico, each a sum equal to

not more than 1 17 ⁄2 of 1 percent thereof; and

18 ‘‘(B) to Guam, American Samoa, the Virgin Is19 lands, and the Commonwealth of the Northern Mariana Islands, each a sum equal to not more than 1 20 ⁄6

21 of 1 percent thereof.

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

23 deduction under paragraph (1) and the apportionment

24 under paragraph (2), shall apportion the remaining

25 amount in the wildlife conservation and restoration ac-
46

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1 count for each year among the States in the following

2 manner:

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

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

5 area of all such States; and

‘‘(B) 2 6 ⁄3 of which is based on the ratio to which

7 the population of such State bears to the total popu8 lation of all such States.

9 The amounts apportioned under this paragraph shall be

10 adjusted equitably so that no such State shall be apportioned a sum which is less than 1 11 ⁄2 of 1 percent of the

12 amount available for apportionment under this paragraph

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

14 ‘‘(d) WILDLIFE CONSERVATION AND RESTORATION

15 PROGRAMS.—Any State, through its fish and wildlife de16 partment, may apply to the Secretary for approval of a

17 wildlife conservation and restoration program or for funds

18 to develop a program, which shall—

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

20 and wildlife department of overall responsibility and

21 accountability for development and implementation

22 of the program; and

23 ‘‘(2) contain provision for development and im24 plementation of—
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1 ‘‘(A) wildlife conservation projects which

2 expand and support existing wildlife programs

3 to meet the needs of a diverse array of wildlife

4 species,

5 ‘‘(B) wildlife associated recreation pro6 grams, and

7 ‘‘(C) wildlife conservation education

8 projects.

9 If the Secretary of the Interior finds that an application

10 for such program contains the elements specified in para11 graphs (1) and (2), the Secretary shall approve such appli12 cation and set aside from the apportionment to the State

13 made pursuant to section 4(c) an amount that shall not

14 exceed 90 percent of the estimated cost of developing and

15 implementing segments of the program for the first 5 fis16 cal years following enactment of this subsection and not

17 to exceed 75 percent thereafter. Not more than 10 percent

18 of the amounts apportioned to each State from this sub19 account for the State’s wildlife conservation and restora20 tion program may be used for law enforcement. Following

21 approval, the Secretary may make payments on a project

22 that is a segment of the State’s wildlife conservation and

23 restoration program as the project progresses but such

24 payments, including previous payments on the project, if

25 any, shall not be more than the United States pro rata
48

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1 share of such project. The Secretary, under such regula2 tions as he may prescribe, may advance funds representing

3 the United States pro rata share of a project that is a

4 segment of a wildlife conservation and restoration pro5 gram, including funds to develop such program. For pur6 poses of this subsection, the term ‘State’ shall include the

7 District of Columbia, the Commonwealth of Puerto Rico,

8 the United States Virgin Islands, Guam, America Samoa,

9 and the Commonwealth of the Northern Mariana Is10 lands.’’.

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

12 department personnel or with personnel of other State

13 agencies pursuant to the Federal Aid in Wildlife Restora14 tion Act or the Federal Aid in Sport Fish Restoration Act

15 shall not be subject to the Federal Advisory Committee

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

17 the provisions of this title relate solely to wildlife conserva18 tion and restoration programs as defined in this title and

19 shall not be construed to affect the provisions of the Fed20 eral Aid in Wildlife Restoration Act relating to wildlife res21 toration projects or the provisions of the Federal Aid in

22 Sport Fish Restoration Act relating to fish restoration and

23 management projects.
49

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1 SEC. 307. LAW ENFORCEMENT AND PUBLIC RELATIONS.

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

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

4 669g) is amended by inserting before the period at the

5 end thereof: ‘‘, except that funds available from this sub6 account for a State wildlife conservation and restoration

7 program may be used for law enforcement and public rela8 tions’’.

9 SEC. 308. PROHIBITION AGAINST DIVERSION.

10 No designated State agency shall be eligible to receive

11 matching funds under this Act if sources of revenue avail12 able to it on January 1, 1998, for conservation of wildlife

13 are diverted for any purpose other than the administration

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

15 Congress that funds available to States under this Act be

16 added to revenues from existing State sources and not

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

18 revenues shall include interest, dividends, or other income

19 earned on the foregoing.

Æ