II

Calendar No. 553

106TH CONGRESS

2D SESSION S. 2567

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

MAY 16, 2000

Mrs. BOXER introduced the following bill; which was read the first time

MAY 17, 2000

Read the second time and placed on the calendar

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.
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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 2000’’.

6 SEC. 2. TABLE OF CONTENTS.

7 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. Recordkeeping requirements.

Sec. 8. Maintenance of effort and matching funding.

Sec. 9. Sunset.

Sec. 10. Protection of private property rights.

Sec. 11. 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.

Sec. 211. Requirements for acquisition of lands in Montana with Federal portion.

TITLE III—WILDLIFE CONSERVATION AND RESTORATION

Sec. 301. Purposes.

Sec. 302. Definitions.

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

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—FARMLAND PROTECTION PROGRAM AND

ENDANGERED AND THREATENED SPECIES RECOVERY

SUBTITLE A—FARMLAND PROTECTION PROGRAM

Sec. 701. Additional funding and additional authorities under farmland protection program.

Sec. 702. Funding.

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.

TITLE VIII—PROTECTION OF SOCIAL SECURITY AND MEDICARE

BENEFITS

Sec. 801. Protection of Social Security and Medicare benefits.
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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

5 by the most recent official data of the Census Bu6 reau, contained in whole or in part within the des7 ignated coastal boundary of a State as defined in a

8 State’s coastal zone management program under the

9 Coastal Zone Management Act (16 U.S.C. 1451 et

10 seq.).

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

12 means a political subdivision of a coastal State all or

13 part of which political subdivision is within the

14 coastal zone (as defined in section 304 of the Coast15 al Zone Management Act (16 U.S.C. 1453)).

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

17 meaning as provided by section 304 of the Coastal

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

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

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

21 1301 et seq.).

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

23 circle distance, measured in statute miles.

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

25 Government’s accounting period which begins on Oc-
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1 tober 1st and ends on September 30th, and is des2 ignated by the calendar year in which it ends.

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

4 elected official of a State or of any other political en5 tity that is defined as, or treated as, a State under

6 the Land and Water Conservation Fund Act of 1965

7 (16 U.S.C. 460l–4 et seq.), the Act of September 2,

8 1937 (16 U.S.C. 669 et seq.), commonly referred to

9 as the Federal Aid in Wildlife Restoration Act or the

10 Pittman-Robertson Act, the Urban Park and Recre11 ation Recovery Act of 1978 (16 U.S.C. 2501 et

12 seq.), the National Historic Preservation Act (16

13 U.S.C. 470h et seq.), or the Federal Agriculture Im14 provement and Reform Act of 1996 (Public Law

15 104–127; 16 U.S.C. 3830 note).

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

17 leased under section 6 or 8 of the Outer Continental

18 Shelf Lands Act (43 U.S.C. 1335, 1337) for the

19 purpose of drilling for, developing, and producing oil

20 and natural gas resources, which is a unit consisting

21 of either a block, a portion of a block, a combination

22 of blocks or portions of blocks, or a combination of

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

24 depicted on an Outer Continental Shelf Official Pro25 traction Diagram.
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1 (9) The term ‘‘Outer Continental Shelf’’ means

2 all submerged lands lying seaward and outside of the

3 area of ‘‘lands beneath navigable waters’’ as defined

4 in section 2(a) of the Submerged Lands Act (43

5 U.S.C. 1301(a)), and of which the subsoil and sea6 bed appertain to the United States and are subject

7 to its jurisdiction and control.

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

9 local political jurisdiction immediately below the level

10 of State government, including counties, parishes,

11 and boroughs. If State law recognizes an entity of

12 general government that functions in lieu of, and is

13 not within, a county, parish, or borough, the Sec14 retary may recognize an area under the jurisdiction

15 of such other entities of general government as a po16 litical subdivision for purposes of this title.

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

18 State with a coastal seaward boundary within 200

19 miles from the geographic center of a leased tract

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

21 that is located in a geographic area subject to a leas22 ing moratorium on January 1, 1999 (unless the

23 lease was issued prior to the establishment of the

24 moratorium and was in production on January 1,

25 1999).
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1 (12) The term ‘‘qualified Outer Continental

2 Shelf revenues’’ means (except as otherwise provided

3 in this paragraph) all moneys received by the United

4 States from each leased tract or portion of a leased

5 tract lying seaward of the zone defined and governed

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

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

8 but to which section 8(g) does not apply, the geo9 graphic center of which lies within a distance of 200

10 miles from any part of the coastline of any coastal

11 State, including bonus bids, rents, royalties (includ12 ing payments for royalty taken in kind and sold),

13 net profit share payments, and related late-payment

14 interest from natural gas and oil leases issued pur15 suant to the Outer Continental Shelf Lands Act.

16 Such term does not include any revenues from a

17 leased tract or portion of a leased tract that is lo18 cated in a geographic area subject to a leasing mora19 torium on January 1, 1999, unless the lease was

20 issued prior to the establishment of the moratorium

21 and was in production on January 1, 1999.

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

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

24 otherwise specifically provided.
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1 (14) The term ‘‘Fund’’ means the Conservation

2 and Reinvestment Act Fund established under sec3 tion 5.

4 SEC. 4. ANNUAL REPORTS.

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

6 Governor receiving moneys from the Fund shall account

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

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

9 Secretary of Agriculture, as appropriate. The report shall

10 include, in accordance with regulations prescribed by the

11 Secretaries, a description of all projects and activities re12 ceiving funds under this Act. In order to avoid duplication,

13 such report may incorporate by reference any other re14 ports required to be submitted under other provisions of

15 law to the Secretary concerned by the Governor regarding

16 any portion of such moneys.

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

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

19 Secretary of Agriculture, shall submit an annual report

20 to the Congress documenting all moneys expended by the

21 Secretary of the Interior and the Secretary of Agriculture

22 from the Fund during the previous fiscal year and summa23 rizing the contents of the Governors’ reports submitted to

24 the Secretaries under subsection (a).
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1 SEC. 5. CONSERVATION AND REINVESTMENT ACT FUND.

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

4 shall be known as the ‘‘Conservation and Reinvestment

5 Act Fund’’. In each fiscal year after the fiscal year 2000,

6 the Secretary of the Treasury shall deposit into the Fund

7 the following amounts:

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

9 fiscal year from qualified Outer Continental Shelf

10 revenues equal to the difference between

11 $2,825,000,000 and the amounts deposited in the

12 Fund under paragraph (2), notwithstanding section

13 9 of the Outer Continental Shelf Lands Act (43

14 U.S.C. 1338).

15 (2) AMOUNTS NOT DISBURSED.—All allocated

16 but undisbursed amounts returned to the Fund

17 under section 101(a)(2).

18 (3) INTEREST.—All interest earned under sub19 section (d) that is not made available under para20 graph (2) or (4) of that subsection.

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

22 year after the fiscal year 2001, the Secretary of the Treas23 ury shall transfer amounts deposited into the Fund as fol24 lows:
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1 (1) $1,000,000,000 to the Secretary of the In2 terior for purposes of making payments to coastal

3 States under title I of this Act.

4 (2) To the Land and Water Conservation Fund

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

6 Land and Water Conservation Fund Act of 1965

7 (16 U.S.C. 460l–6(a)) such amounts as are nec8 essary to make the income of the fund $900,000,000

9 in each such fiscal year.

10 (3) $350,000,000 to the Federal aid to wildlife

11 restoration fund established under section 3 of the

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

13 669b).

14 (4) $125,000,000 to the Secretary of the Inte15 rior to carry out the Urban Park and Recreation Re16 covery Act of 1978 (16 U.S.C. 2501 et seq.).

17 (5) $100,000,000 to the Secretary of the Inte18 rior to carry out the National Historic Preservation

19 Act (16 U.S.C. 470 et seq.).

20 (6) $200,000,000 to the Secretary of the Inte21 rior and the Secretary of Agriculture to carry out

22 title VI of this Act.

23 (7) $100,000,000 to the Secretary of Agri24 culture to carry out the farmland protection pro25 gram under section 388 of the Federal Agriculture
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1 Improvement and Reform Act of 1996 (Public Law

2 104–127; 16 U.S.C. 3830 note), the Urban and

3 Community Forestry Assistance Program estab4 lished under section 9 of the Cooperative Forestry

5 Assistance Act of 1978 (16 U.S.C. 2105), and the

6 Forest Legacy Program under section 7 of the Coop7 erative Forestry Assistance Act of 1978 (16 U.S.C.

8 2103c).

9 (8) $50,000,000 to the Secretary of the Interior

10 to develop and implement Endangered and Threat11 ened Species Recovery Agreements under subtitle B

12 of title VII of this Act.

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

14 Fund in any fiscal year after the fiscal year 2000 are less

15 than $2,825,000,000, the amounts transferred under

16 paragraphs (1) through (8) of subsection (b) for that fis17 cal year shall each be reduced proportionately.

18 (d) INTEREST.—

19 (1) IN GENERAL.—The Secretary of the Treas20 ury shall invest moneys in the Fund (including inter21 est), and in any fund or account to which moneys

22 are transferred pursuant to subsection (b) of this

23 section, in public debt securities with maturities

24 suitable to the needs of the Fund, as determined by

25 the Secretary of the Treasury, and bearing interest
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1 at rates determined by the Secretary of the Treas2 ury, taking into consideration current market yields

3 on outstanding marketable obligations of the United

4 States of comparable maturity. Such invested mon5 eys shall remain invested until needed to meet re6 quirements for disbursement for the programs fi7 nanced under this Act.

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

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

10 moneys shall be available, without further appropria11 tion, for obligation or expenditure under—

12 (A) chapter 69 of title 31, United States

13 Code (relating to payments in lieu of taxes);

14 and

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

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

17 to refuge revenue sharing).

18 In each fiscal year such interest shall be allocated

19 between the programs referred to in subparagraphs

20 (A) and (B) in proportion to the amounts appro21 priated for that fiscal year under other provisions of

22 law for purposes of such programs. To the extent

23 that the total amount available for a fiscal year

24 under this paragraph and such other provisions of

25 law for one of such programs exceeds the authorized
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1 limit of that program, the amount available under

2 this paragraph that contributes to such excess shall

3 be allocated to the other such program, but not in

4 excess of its authorized limit. To the extent that for

5 both such programs such total amount for each pro6 gram exceeds the authorized limit of that program,

7 the amount available under this paragraph that con8 tributes to such excess shall be deposited into the

9 Fund and shall be considered interest for purposes

10 of subsection (a)(3). Interest shall cease to be avail11 able for obligation or expenditure for a fiscal year

12 for purposes of subparagraph (A) if the annual ap13 propriation for that fiscal year under other provi14 sions of law for the program referred to in subpara15 graph (A) is less than $100,000,000, and in any

16 such case, the allocation provisions of this paragraph

17 shall not apply and all such interest shall be avail18 able for purposes of the program referred to in sub19 paragraph (B), up to the authorized limit of such

20 program. Interest shall cease to be available for obli21 gation or expenditure for a fiscal year for purposes

22 of subparagraph (B) if the annual appropriation for

23 that fiscal year under other provisions of law for the

24 program referred to in subparagraph (A) is less than

25 $15,000,000, and in any such case, the allocation
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1 provisions of this paragraph shall not apply and all

2 such interest shall be available for purposes of the

3 program referred to in subparagraph (A), up to the

4 authorized limit of such program. Interest shall

5 cease to be available for obligation or expenditure

6 for a fiscal year for purposes of this paragraph if the

7 annual appropriation for that fiscal year under other

8 provisions of law for each of the program referred to

9 in subparagraph (A) and the program referred to in

10 subparagraph (B) is less than $100,000,000 and

11 $15,000,000, respectively, and in any such case, the

12 allocation provisions of this paragraph shall not

13 apply and all such interest shall be deposited into

14 the Fund and be considered interest for purposes of

15 subsection (a)(3).

16 (3) CEILING ON EXPENDITURES OF INTER17 EST.—Amounts made available under paragraph (2)

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

19 following:

20 (A) $200,000,000.

21 (B) The total amount authorized and ap22 propriated for that fiscal year under other pro23 visions of law for purposes of the programs re24 ferred to in subparagraphs (A) and (B) of para25 graph (2).
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1 (4) TITLE III INTEREST.—All interest attrib2 utable to amounts transferred by the Secretary of

3 the Treasury to the Secretary of the Interior for

4 purposes of title III of this Act (and the amend5 ments made by such title III) shall be available,

6 without further appropriation, for obligation or ex7 penditure for purposes of the North American Wet8 lands Conservation Act of 1989 (16 U.S.C. 4401 et

9 seq.).

10 (e) REFUNDS.—In those instances where through ju11 dicial decision, administrative review, arbitration, or other

12 means there are royalty refunds owed to entities gener13 ating revenues under this title, refunds shall be paid by

14 the Secretary of the Treasury from amounts available in

15 the Fund to the extent that such refunds are attributable

16 to qualified Outer Continental Shelf revenues deposited in

17 the Fund under this Act.

18 (f) INTENT OF CONGRESS TO SUPPLEMENT ANNUAL

19 APPROPRIATIONS FOR NATIONAL PARK SERVICE.—

20 Amounts made available by this Act are intended by the

21 Congress to supplement, and not detract from, annual ap22 propriations for the National Park Service.

23 (g) ENSURING SOCIAL SECURITY AND MEDICARE

24 SOLVENCY.—The Secretary of the Treasury shall not
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1 transfer funds to the Conservation and Reinvestment Act

2 Fund under this Act during any fiscal year unless—

3 (1) the Director of the Congressional Budget

4 Office has certified that the House and Senate have

5 approved legislation that—

6 (A) ensures that a sufficient portion of the

7 on-budget surplus is reserved for debt retire8 ment to put the Government on a path to elimi9 nate the publicly held debt by fiscal year 2013

10 under current economic and technical projec11 tions; and

12 (B) ensures that there is not an on-budget

13 deficit for that fiscal year;

14 (2) the Board of Trustees of the Federal Old15 Age and Survivors Insurance Trust Fund and the

16 Federal Disability Insurance Trust Fund has cer17 tified that outlays from such trust funds are not an18 ticipated to exceed the revenues to such trust funds

19 during any of the next 5 fiscal years; and

20 (3) the Board of Trustees of the Federal Hos21 pital Insurance Trust Fund has certified that the

22 outlays from such trust fund are not anticipated to

23 exceed the revenues to such trust fund during any

24 of the next 5 fiscal years.
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1 SEC. 6. LIMITATION ON USE OF AVAILABLE AMOUNTS FOR

2 ADMINISTRATION.

3 Notwithstanding any other provision of law, of

4 amounts made available by this Act (including the amend5 ments made by this Act) for a particular activity, not more

6 than 2 percent may be used for administrative expenses

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

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

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

10 SEC. 7. RECORDKEEPING REQUIREMENTS.

11 The Secretary of the Interior in consultation with the

12 Secretary of Agriculture shall establish such rules regard13 ing recordkeeping by State and local governments and the

14 auditing of expenditures made by State and local govern15 ments from funds made available under this Act as may

16 be necessary. Such rules shall be in addition to other re17 quirements established regarding recordkeeping and the

18 auditing of such expenditures under other authority of

19 law.

20 SEC. 8. MAINTENANCE OF EFFORT AND MATCHING FUND21 ING.

22 (a) IN GENERAL.—It is the intent of the Congress

23 in this Act that States not use this Act as an opportunity

24 to reduce State or local resources for the programs funded

25 by this Act. Except as provided in subsection (b), no State

26 or local government shall receive any funds under this Act
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1 during any fiscal year when its expenditures of non-Fed2 eral funds for recurrent expenditures for programs for

3 which funding is provided under this Act will be less than

4 its expenditures were for such programs during the pre5 ceding fiscal year. No State or local government shall re6 ceive funding under this Act with respect to a program

7 unless the Secretary is satisfied that such a grant will be

8 so used to supplement and, to the extent practicable, in9 crease the level of State, local, or other non-Federal funds

10 available for such program.

11 (b) EXCEPTION.—The Secretary may provide fund12 ing under this Act to a State or local government not

13 meeting the requirements of subsection (a) if the Sec14 retary determines that a reduction in expenditures—

15 (1) is attributable to a nonselective reduction in

16 expenditures for the programs of all executive

17 branch agencies of the State or local government; or

18 (2) is a result of reductions in State or local

19 revenue as a result of a downturn in the economy.

20 (c) USE OF FUND TO MEET MATCHING REQUIRE21 MENTS.—All funds received by a State or local govern22 ment under this Act shall be treated as Federal funds for

23 purposes of compliance with any provision in effect under

24 any other law requiring that non-Federal funds be used
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1 to provide a portion of the funding for any program or

2 project.

3 SEC. 9. SUNSET.

4 This Act, including the amendments made by this

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

6 2015.

7 SEC. 10. PROTECTION OF PRIVATE PROPERTY RIGHTS.

8 (a) SAVINGS CLAUSE.—Nothing in the Act shall au9 thorize that private property be taken for public use, with10 out just compensation as provided by the Fifth and Four11 teenth amendments to the United States Constitution.

12 (b) REGULATION.—Federal agencies, using funds ap13 propriated by this Act, may not apply any regulation on

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

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

16 Congress.

17 SEC. 11. SIGNS.

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

19 condition of any financial assistance provided with

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

21 owns or administers any site that benefits from such as22 sistance shall include on any sign otherwise installed at

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

24 a statement that the existence or development of the site

25 (or both), as appropriate, is a product of such assistance.
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1 (b) STANDARDS.—The Secretary shall provide for the

2 design of standardized signs for purposes of subsection

3 (a), and shall prescribe standards and guidelines for such

4 signs.

5 TITLE I—IMPACT ASSISTANCE

6 AND COASTAL CONSERVATION

7 SEC. 101. IMPACT ASSISTANCE FORMULA AND PAYMENTS.

8 (a) IMPACT ASSISTANCE PAYMENTS TO STATES.—

9 (1) GRANT PROGRAM.—Amounts transferred to

10 the Secretary of the Interior from the Conservation

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

12 this Act for purposes of making payments to coastal

13 States under this title in any fiscal year shall be al14 located by the Secretary of the Interior among coast15 al States as provided in this section in each such fis16 cal year. In each such fiscal year, the Secretary of

17 the Interior shall, without further appropriation, dis18 burse such allocated funds to those coastal States

19 for which the Secretary has approved a Coastal

20 State Conservation and Impact Assistance Plan as

21 required by this title. Payments for all projects shall

22 be made by the Secretary to the Governor of the

23 State or to the State official or agency designated by

24 the Governor or by State law as having authority

25 and responsibility to accept and to administer funds
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1 paid hereunder. No payment shall be made to any

2 State until the State has agreed to provide such re3 ports to the Secretary, in such form and containing

4 such information, as may be reasonably necessary to

5 enable the Secretary to perform his duties under this

6 title, and provide such fiscal control and fund ac7 counting procedures as may be necessary to assure

8 proper disbursement and accounting for Federal rev9 enues paid to the State under this title.

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

11 the end of each fiscal year, the Secretary shall re12 turn to the Conservation and Reinvestment Act

13 Fund any amount that the Secretary allocated, but

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

15 State that does not have an approved plan under

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

17 such grant is allocated, except that the Secretary

18 shall hold in escrow until the final resolution of the

19 appeal any amount allocated, but not disbursed, to

20 a coastal State that has appealed the disapproval of

21 a plan submitted under this title.

22 (b) ALLOCATION AMONG COASTAL STATES.—

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

24 each coastal State, the Secretary shall determine the

25 State’s allocable share of the total amount of the
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1 revenues transferred from the Fund under section

2 5(b)(1) for each fiscal year using the following

3 weighted formula:

4 (A) Fifty percent of such revenues shall be

5 allocated among the coastal States as provided

6 in paragraph (2).

7 (B) Twenty-five percent of such revenues

8 shall be allocated to each coastal State based on

9 the ratio of each State’s shoreline miles to the

10 shoreline miles of all coastal States.

11 (C) Twenty-five percent of such revenues

12 shall be allocated to each coastal State based on

13 the ratio of each State’s coastal population to

14 the coastal population of all coastal States.

15 (2) OFFSHORE OUTER CONTINENTAL SHELF

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

17 within a distance of 200 miles from the geographic

18 center of any leased tract with qualified Outer Con19 tinental Shelf revenues, the Secretary of the Interior

20 shall determine such State’s allocable share under

21 paragraph (1)(A) based on the formula set forth in

22 this paragraph. Such State share shall be calculated

23 as of the date of the enactment of this Act. Each

24 such State’s allocable share of the revenues dis25 bursed under paragraph (1)(A) shall be based on
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1 qualified Outer Continental Shelf revenues from

2 each leased tract or portion of a leased tract the ge3 ographic center of which is within a distance (to the

4 nearest whole mile) of 200 miles from the coastline

5 of the State and shall be inversely proportional to

6 the distance between the nearest point on the coast7 line of such State and the geographic center of each

8 such leased tract or portion, as determined by the

9 Secretary. In applying this paragraph a leased tract

10 or portion of a leased tract shall be excluded if the

11 tract or portion is located in a geographic area sub12 ject to a leasing moratorium on January 1, 1999,

13 unless the lease was issued prior to the establish14 ment of the moratorium and was in production on

15 January 1, 1999.

16 (3) MINIMUM STATE SHARE.—

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

18 revenues determined by the Secretary under

19 this subsection for each coastal State with an

20 approved coastal management program (as de21 fined by the Coastal Zone Management Act (16

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

23 progress toward one, shall not be less in any

24 fiscal year than 0.50 percent of the total

25 amount of the revenues transferred by the Sec-
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1 retary of the Treasury to the Secretary of the

2 Interior for purposes of this title for that fiscal

3 year under subsection (a). For any other coast4 al State the allocable share of such revenues

5 shall not be less than 0.25 percent of such reve6 nues.

7 (B) RECOMPUTATION.—Where one or

8 more coastal States’ allocable shares, as com9 puted under paragraphs (1) and (2), are in10 creased by any amount under this paragraph,

11 the allocable share for all other coastal States

12 shall be recomputed and reduced by the same

13 amount so that not more than 100 percent of

14 the amount transferred by the Secretary of the

15 Treasury to the Secretary of the Interior for

16 purposes of this title for that fiscal year under

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

18 The reduction shall be divided pro rata among

19 such other coastal States.

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

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

22 pay 50 percent of the State’s allocable share, as deter23 mined under subsection (b), to the coastal political sub24 divisions in such State. Such payments shall be allocated

25 among such coastal political subdivisions of the State ac-
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1 cording to an allocation formula analogous to the alloca2 tion formula used in subsection (b) to allocate revenues

3 among the coastal States, except that a coastal political

4 subdivision in the State of California that has a coastal

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

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

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

8 be eligible for that portion of the allocation described in

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

10 if that political subdivision were located within a distance

11 of 50 miles from the geographic center of the closest

12 leased tract with qualified Outer Continental Shelf reve13 nues.

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

15 and coastal political subdivisions under this section shall

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

17 revenues received during the immediately preceding fiscal

18 year.

19 SEC. 102. COASTAL STATE CONSERVATION AND IMPACT AS20 SISTANCE PLANS.

21 (a) DEVELOPMENT AND SUBMISSION OF STATE

22 PLANS.—Each coastal State seeking to receive grants

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

24 a Statewide Coastal State Conservation and Impact As25 sistance Plan. In the case of a producing State, the Gov-
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1 ernor shall incorporate the plans of the coastal political

2 subdivisions into the Statewide plan for transmittal to the

3 Secretary. The Governor shall solicit local input and shall

4 provide for public participation in the development of the

5 Statewide plan. The plan shall be submitted to the Sec6 retary by April 1 of the calendar year after the calendar

7 year in which this Act is enacted.

8 (b) APPROVAL OR DISAPPROVAL.—

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

10 plan under subsection (a) is required prior to dis11 bursement of funds under this title by the Secretary.

12 The Secretary shall approve the Statewide plan if

13 the Secretary determines, in consultation with the

14 Secretary of Commerce, that the plan is consistent

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

16 plan contains each of the following:

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

18 have the authority to represent and act for the

19 State in dealing with the Secretary for purposes

20 of this title.

21 (B) A program for the implementation of

22 the plan which shall include (i) a description of

23 how the plan will address environmental con24 cerns, (ii) for producing States, a description of

25 how funds will be used to address the impacts
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1 of oil and gas production from the Outer Conti2 nental Shelf, and (iii) a description of how the

3 State will evaluate the effectiveness of the plan.

4 (C) Certification by the Governor that

5 ample opportunity has been accorded for public

6 participation in the development and revision of

7 the plan.

8 (D) Measures for taking into account other

9 relevant Federal resources and programs. The

10 plan shall be correlated so far as practicable

11 with other State, regional, and local plans.

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

13 Secretary shall approve or disapprove each plan sub14 mitted in accordance with this section. If a State

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

16 the beginning of the first fiscal year to which the

17 plan applies, the Secretary shall approve or dis18 approve the plan by not later than 30 days before

19 the beginning of that fiscal year.

20 (3) AMENDMENT OR REVISION.—Any amend21 ment to or revision of the plan shall be prepared in

22 accordance with the requirements of this subsection

23 and shall be submitted to the Secretary for approval

24 or disapproval. Any such amendment or revision

25 shall take effect only for fiscal years after the fiscal
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1 year in which the amendment or revision is approved

2 by the Secretary.

3 (c) AUTHORIZED USES OF STATE GRANT FUND4 ING.—The funds provided under this title to a coastal

5 State and for coastal political subdivisions are authorized

6 to be used in compliance with Federal and State law only

7 for one or more of the following purposes:

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

9 fishery or marine mammal stock surveys in State

10 waters or both, cooperative State, interstate, and

11 Federal fishery or marine mammal stock surveys or

12 both, cooperative initiatives with university and pri13 vate entities for fishery and marine mammal sur14 veys, activities related to marine mammal and fish15 ery interactions, and other coastal living marine re16 sources surveys.

17 (2) The conservation, restoration, enhancement,

18 or creation of coastal habitats.

19 (3) Cooperative Federal or State enforcement of

20 marine resources management statutes.

21 (4) Fishery observer coverage programs in

22 State or Federal waters.

23 (5) Invasive, exotic, and nonindigenous species

24 identification and control.
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1 (6) Coordination and preparation of cooperative

2 fishery conservation and management plans between

3 States including the development and implementa4 tion of population surveys, assessments and moni5 toring plans, and the preparation and implementa6 tion of State fishery management plans developed by

7 interstate marine fishery commissions.

8 (7) Preparation and implementation of State

9 fishery or marine mammal management plans that

10 comply with bilateral or multilateral international

11 fishery or marine mammal conservation and man12 agement agreements or both.

13 (8) Coastal and ocean observations necessary to

14 develop and implement real time tide and current

15 measurement systems.

16 (9) Implementation of federally approved ma17 rine, coastal, or comprehensive conservation and

18 management plans.

19 (10) Mitigating marine and coastal impacts of

20 Outer Continental Shelf activities including impacts

21 on onshore infrastructure.

22 (11) Projects that promote research, education,

23 training, and advisory services in fields related to

24 ocean, coastal, and Great Lakes resources.
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1 (d) COMPLIANCE WITH AUTHORIZED USES.—Based

2 on the annual reports submitted under section 4 of this

3 Act and on audits conducted by the Secretary under sec4 tion 7, the Secretary shall review the expenditures made

5 by each State and coastal political subdivision from funds

6 made available under this title. If the Secretary deter7 mines that any expenditure made by a State or coastal

8 political subdivision of a State from such funds is not con9 sistent with the authorized uses set forth in subsection (c),

10 the Secretary shall not make any further grants under this

11 title to that State until the funds used for such expendi12 ture have been repaid to the Conservation and Reinvest13 ment Act Fund.

14 TITLE II—LAND AND WATER

15 CONSERVATION FUND REVI16 TALIZATION

17 SEC. 201. AMENDMENT OF LAND AND WATER CONSERVA18 TION FUND ACT OF 1965.

19 Except as otherwise expressly provided, whenever in

20 this title an amendment or repeal is expressed in terms

21 of an amendment to, or repeal of, a section or other provi22 sion, the reference shall be considered to be made to a

23 section or other provision of the Land and Water Con24 servation Fund Act of 1965 (16 U.S.C. 460l–4 et seq.).
31

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

2 TRANSFERRED FROM CONSERVATION AND

3 REINVESTMENT ACT FUND.

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

5 ‘‘(c) AMOUNTS TRANSFERRED FROM CONSERVATION

6 AND REINVESTMENT ACT FUND.—In addition to the sum

7 of the revenues and collections estimated by the Secretary

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

9 subsections (a) and (b) of this section, there shall be cov10 ered into the fund all amounts transferred to the fund

11 under section 5(b)(2) of the Conservation and Reinvest12 ment Act of 2000.’’.

13 SEC. 203. AVAILABILITY OF AMOUNTS.

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

15 follows:

16 ‘‘APPROPRIATIONS

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

18 be appropriated to the Secretary from the fund to carry

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

20 year after the fiscal year 2001. Amounts transferred to

21 the fund from the Conservation and Reinvestment Act

22 Fund and amounts covered into the fund under sub23 sections (a) and (b) of section 2 shall be available to the

24 Secretary in fiscal years after the fiscal year 2001 without

25 further appropriation to carry out this Act.
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1 ‘‘(b) OBLIGATION AND EXPENDITURE OF AVAILABLE

2 AMOUNTS.—Amounts available for obligation or expendi3 ture from the fund or from the special account established

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

5 as provided in this Act.’’.

6 SEC. 204. ALLOCATION OF FUND.

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

8 follows:

9 ‘‘ALLOCATION OF FUNDS

10 ‘‘SEC. 5. Of the amounts made available for each fis11 cal year to carry out this Act—

12 ‘‘(1) 50 percent shall be available for Federal

13 purposes (in this Act referred to as the ‘Federal por14 tion’); and

15 ‘‘(2) 50 percent shall be available for grants to

16 States.’’.

17 SEC. 205. USE OF FEDERAL PORTION.

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

19 at the end the following:

20 ‘‘(d) USE OF FEDERAL PORTION.—

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

22 Federal portion (as that term is defined in section

23 5(1)) may not be obligated or expended by the Sec24 retary of the Interior or the Secretary of Agriculture

25 for any acquisition except those specifically referred

26 to, and approved by the Congress, in an Act making
33

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1 appropriations for the Department of the Interior or

2 the Department of Agriculture, respectively.

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

4 Federal portion may not be used to acquire any

5 property unless—

6 ‘‘(A) the owner of the property concurs in

7 the acquisition; or

8 ‘‘(B) acquisition of that property is specifi9 cally approved by an Act of Congress.

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

11 ‘‘(1) RESTRICTION ON USE.—The Federal por12 tion for a fiscal year may not be obligated or ex13 pended to acquire any interest in lands or water un14 less the lands or water were included in a list of ac15 quisitions that is approved by the Congress.

16 ‘‘(2) TRANSMISSION OF LIST.—(A) The Sec17 retary of the Interior and the Secretary of Agri18 culture shall jointly transmit to the appropriate au19 thorizing and appropriations committees of the

20 House of Representatives and the Senate for each

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

22 budget for the fiscal year under section 1105 of title

23 31, United States Code, a list of the acquisitions of

24 interests in lands and water proposed to be made

25 with the Federal portion for the fiscal year.
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1 ‘‘(B) In preparing each list under subparagraph

2 (A), the Secretary 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 ‘‘(C) The Secretary of the Interior and the Sec22 retary of Agriculture shall each—

23 ‘‘(i) transmit, with the list transmitted

24 under subparagraph (A), a separate list of

25 those lands under the administrative jurisdic-
35

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1 tion of the Secretary that have been identified

2 in applicable land management plans as surplus

3 and eligible for disposal as provided for by law;

4 and

5 ‘‘(ii) update each list to be transmitted

6 under clause (i) as land management plans are

7 amended or revised.

8 ‘‘(3) INFORMATION REGARDING PROPOSED AC9 QUISITIONS.—Each list under paragraph (2)(A)

10 shall include, for each proposed acquisition included

11 in the list—

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

13 the acquisition, if such authority exists; and

14 ‘‘(B) an explanation of why the particular

15 interest proposed to be acquired was selected.

16 ‘‘(f) NOTIFICATION TO AFFECTED AREAS RE17 QUIRED.—The Federal portion for a fiscal year may not

18 be used to acquire any interest in land unless the Sec19 retary administering the acquisition, by not later than 30

20 days after the date the Secretaries submit the list under

21 subsection (e)(2)(A) for the fiscal year, provides notice of

22 the proposed acquisition—

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

24 Delegate and Resident Commissioner to the Con-
36

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1 gress elected to represent any area in which is

2 located—

3 ‘‘(A) the land; or

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

5 unit that includes the land;

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

7 which the land is located;

8 ‘‘(3) in writing to each State political subdivi9 sion having jurisdiction over the land; and

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

11 that is widely distributed in the area under the juris12 diction of each such State political subdivision, that

13 includes a clear statement that the Federal Govern14 ment intends to acquire an interest in land.

15 ‘‘(g) COMPLIANCE WITH REQUIREMENTS UNDER

16 FEDERAL LAWS.—

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

18 fiscal year may not be used to acquire any interest

19 in land or water unless the following have occurred:

20 ‘‘(A) All actions required under Federal

21 law with respect to the acquisition have been

22 complied with.

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

24 impact statement or environmental assessment

25 required by law, and a summary of all public
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1 comments regarding the acquisition that have

2 been received by the agency making the acquisi3 tion, are submitted to the Committee on Re4 sources of the House of Representatives, the

5 Committee on Energy and Natural Resources of

6 the Senate, and the Committees on Appropria7 tions of the House of Representatives and of

8 the Senate.

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

10 statement or assessment and of such summary

11 is provided to—

12 ‘‘(i) each Member of and each Dele13 gate and Resident Commissioner to the

14 Congress elected to represent the area in

15 which the land is located;

16 ‘‘(ii) the Governor of the State in

17 which the land is located; and

18 ‘‘(iii) each State political subdivision

19 having jurisdiction over the land.

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

21 (1) shall not apply to any acquisition that is specifi22 cally authorized by a Federal law.’’.
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1 SEC. 206. ALLOCATION OF AMOUNTS AVAILABLE FOR

2 STATE PURPOSES.

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

4 8(b)) is amended to read as follows:

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

6 in the fund available each fiscal year for State purposes

7 shall be apportioned among the several States by the Sec8 retary, in accordance with this subsection. The determina9 tion of the apportionment by the Secretary shall be final.

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

11 available each fiscal year for State purposes—

12 ‘‘(A) 30 percent shall be apportioned

13 equally among the several States; and

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

15 that the ratio that the amount apportioned to

16 each State under this subparagraph bears to

17 the total amount apportioned under this sub18 paragraph for the fiscal year is equal to the

19 ratio that the population of the State bears to

20 the total population of all States.

21 No amount may be apportioned under this paragraph to

22 any State (herein referred to as an ‘unfunded State’) that

23 has not established a dedicated State land acquisition fund

24 that is funded through the State’s budget process. The

25 amount that would have been apportioned to any such un26 funded State under this paragraph shall be reapportioned
39

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1 to other States in accordance with subparagraphs (A) and

2 (B).

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

4 a fiscal year under paragraph (2) shall not exceed 10 per5 cent of the total amount allocated to the several States

6 under paragraph (2) for that fiscal year.

7 ‘‘(4) The Secretary shall notify each State of its ap8 portionment, and the amounts thereof shall be available

9 thereafter to the State for planning, acquisition, or devel10 opment projects as hereafter described. Any amount of

11 any apportionment under this subsection that has not

12 been paid or obligated by the Secretary during the fiscal

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

14 years thereafter shall be reapportioned by the Secretary

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

16 the 10 percent limitation to an individual State specified

17 in paragraph (3).

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

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

20 a State; and

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

22 and American Samoa—

23 ‘‘(I) shall be treated collectively as one

24 State; and
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1 ‘‘(II) shall each be allocated an equal share

2 of any amount distributed to them pursuant to

3 clause (i).

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

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

6 this Act.’’.

7 (b) TRIBES AND ALASKA NATIVE CORPORATIONS.—

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

9 amended by adding at the end the following new subpara10 graph:

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

12 recognized Indian tribes, or in the case of Alaska, Native

13 Corporations (as defined in section 3 of the Alaska Native

14 Claims Settlement Act (43 U.S.C. 1602)), shall be eligible

15 to receive shares of the apportionment under paragraph

16 (1) in accordance with a competitive grant program estab17 lished by the Secretary by rule. The total apportionment

18 available to such tribes, or in the case of Alaska, Native

19 Corporations shall be equivalent to the amount available

20 to a single State. No single tribe, nor in the case of Alas21 ka, Native Corporation shall receive a grant that con22 stitutes more than 10 percent of the total amount made

23 available to all tribes and Alaska Native Corporations pur24 suant to the apportionment under paragraph (1). Funds

25 received by a tribe, or in the case of Alaska, Native Cor-
41

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1 poration under this subparagraph may be expended only

2 for the purposes specified in clauses (1) and (3) of sub3 section (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 (d) STATE PROJECTS OF REGIONAL OR NATIONAL

14 SIGNIFICANCE.—Section 6(b) (16 U.S.C. 460l-8(b)) is

15 amended by adding the following at the end:

16 ‘‘(7)(A) Any amounts available in addition to those

17 amounts made available under section 5 of the Conserva18 tion and Reinvestment Act of 2000 in a fiscal year shall

19 be available without further appropriation to the Secretary

20 of the Interior to be distributed among the several States

21 under a competitive grant program for State projects as

22 authorized under section 6(e)(1) of national or regional

23 significance involving one or more States.

24 ‘‘(B) The Secretary shall award grants only to

25 projects that would conserve open space and either con-
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1 serve wildlife habitat, protect water quality, or otherwise

2 enhance the environment, or that would protect areas that

3 have historic or cultural value. The Secretary shall give

4 preference to projects that would be most likely to have

5 the greatest benefit to the environment regionally or na6 tionally and would maintain or enhance recreational op7 portunities.’’.

8 SEC. 207. STATE PLANNING.

9 (a) STATE ACTION AGENDA REQUIRED.—

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

11 460l–8(d)) is amended to read as follows:

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

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

15 and development projects eligible for grants under this

16 Act, so long as the priorities and criteria defined by the

17 State are consistent with the purposes of this Act, the

18 State provides for public involvement in this process, and

19 the State publishes an accurate and current State Action

20 Agenda for Community Conservation and Recreation (in

21 this Act referred to as the ‘State Action Agenda’) indi22 cating the needs it has identified and the priorities and

23 criteria it has established. In order to assess its needs and

24 establish its overall priorities, each State, in partnership

25 with its local governments and Federal agencies, and in
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1 consultation with its citizens, shall develop, within 5 years

2 after the enactment of the Conservation and Reinvestment

3 Act of 2000, a State Action Agenda that meets the fol4 lowing requirements:

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

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

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

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

9 every 5 years and certified by the Governor that the

10 State Action Agenda conclusions and proposed ac11 tions have been considered in an active public in12 volvement process.

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

14 providers of conservation and recreation lands within each

15 State, including Federal, regional, and local government

16 resources, and shall be correlated whenever possible with

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

18 open space, and wetlands conservation. Recovery action

19 programs developed by urban localities under section 1007

20 of the Urban Park and Recreation Recovery Act of 1978

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

22 priorities, and action schedules contained in State Action

23 Agenda. Each State shall assure that any requirements

24 for local outdoor conservation and recreation planning,

25 promulgated as conditions for grants, minimize redun-
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1 dancy of local efforts by allowing, wherever possible, use

2 of the findings, priorities, and implementation schedules

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

4 (2) EXISTING STATE PLANS.—Comprehensive

5 State Plans developed by any State under section

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

7 of 1965 before the date that is 5 years after the en8 actment of this Act shall remain in effect in that

9 State until a State Action Agenda has been adopted

10 pursuant to the amendment made by this subsection,

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

12 Act.

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

14 8(e)) is amended as follows:

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

16 striking ‘‘State comprehensive plan’’ and inserting

17 ‘‘State Action Agenda’’.

18 (2) In paragraph (1) by striking ‘‘comprehen19 sive plan’’ and inserting ‘‘State Action Agenda’’.

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

21 Section 6(e) (16 U.S.C. 460l–8(e)) is amended—

22 (1) in subsection (e)(1) by striking ‘‘, but not

23 including incidental costs relating to acquisition’’;

24 and
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1 (2) in subsection (e)(2) by inserting before the

2 period at the end the following: ‘‘or to enhance pub3 lic safety within a designated park or recreation

4 area’’.

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

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

7 amended—

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

9 and

10 (2) by striking the second sentence and insert11 ing the following:

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

13 only if the State demonstrates no prudent or feasible alter14 native exists with the exception of those properties that

15 no longer meet the criteria within the State Plan or Agen16 da as an outdoor conservation and recreation facility due

17 to changes in demographics or that must be abandoned

18 because of environmental contamination which endangers

19 public health and safety. Any conversion must satisfy such

20 conditions as the Secretary deems necessary to assure the

21 substitution of other conservation and recreation prop22 erties of at least equal fair market value and reasonably

23 equivalent usefulness and location and which are con24 sistent with the existing State Plan or Agenda; except that

25 wetland areas and interests therein as identified in the
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1 wetlands provisions of the action agenda and proposed to

2 be acquired as suitable replacement property within that

3 same State that is otherwise acceptable to the Secretary

4 shall be considered to be of reasonably equivalent useful5 ness with the property proposed for conversion.’’.

6 SEC. 210. WATER RIGHTS.

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

8 ‘‘WATER RIGHTS

9 ‘‘SEC. 14. Nothing in this title—

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

11 water law or an interstate compact governing water;

12 ‘‘(2) alters the rights of any State to any ap13 propriated share of the waters of any body of sur14 face or ground water, whether determined by past or

15 future interstate compacts or by past or future legis16 lative or final judicial allocations;

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

18 law, or interstate compact, dealing with water qual19 ity or disposal; or

20 ‘‘(4) confers on any non-Federal entity the abil21 ity to exercise any Federal right to the waters of any

22 stream or to any ground water resource.’’.

23 SEC. 211. REQUIREMENTS FOR ACQUISITION OF LANDS IN

24 MONTANA WITH FEDERAL PORTION.

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

26 adding at the end the following:
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1 ‘‘(h) REQUIREMENTS FOR ACQUISITION OF LANDS IN

2 MONTANA.—The Secretary of the Interior and the Sec3 retary of Agriculture shall jointly develop and issue a plan

4 for acquisition and disposal of lands in the State of Mon5 tana that will result in consolidation of private lands and

6 Federal public lands. The plan shall be designed to ensure

7 that—

8 ‘‘(1) acquisitions of lands with the Federal por9 tion consolidate Federal ownership of lands in Mon10 tana under the administrative jurisdiction of the De11 partment of the Interior and the Department of Ag12 riculture; and

13 ‘‘(2) any increase in the total acreage of lands

14 in Montana under the administrative jurisdictions of

15 those Departments that results from acquisitions of

16 lands with the Federal portion is de minimis.’’.

17 TITLE III—WILDLIFE CONSERVA18 TION AND RESTORATION

19 SEC. 301. PURPOSES.

20 The purposes of this title are—

21 (1) to extend financial and technical assistance

22 to the States under the Federal Aid to Wildlife Res23 toration Act for the benefit of a diverse array of

24 wildlife and associated habitats, including species

25 that are not hunted or fished, to fulfill unmet needs
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1 of wildlife within the States in recognition of the pri2 mary role of the States to conserve all wildlife;

3 (2) to assure sound conservation policies

4 through the development, revision, and implementa5 tion of a comprehensive wildlife conservation and

6 restoration plan;

7 (3) to encourage State fish and wildlife agencies

8 to participate with the Federal Government, other

9 State agencies, wildlife conservation organizations,

10 Indian tribes, and in the case of Alaska, Alaska Na11 tive Corporations, and outdoor recreation and con12 servation interests through cooperative planning and

13 implementation of this title; and

14 (4) to encourage State fish and wildlife agencies

15 to provide for public involvement in the process of

16 development and implementation of a wildlife con17 servation and restoration program.

18 SEC. 302. DEFINITIONS.

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

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

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

22 referred to as the Federal Aid in Wildlife Restoration Act

23 or the Pittman-Robertson Act.

24 (b) WILDLIFE CONSERVATION AND RESTORATION

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

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

3 following: ‘‘to include the wildlife conservation and res4 toration program and’’.

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

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

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

8 ‘‘State fish and game department’’.

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

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

11 striking the period at the end thereof, substituting a semi12 colon, and adding the following: ‘‘the term ‘conservation’

13 shall be construed to mean the use of methods and proce14 dures necessary or desirable to sustain healthy populations

15 of wildlife including all activities associated with scientific

16 resources management such as research, census, moni17 toring of populations, acquisition, improvement and man18 agement of habitat, live trapping and transplantation,

19 wildlife damage management, and periodic or total protec20 tion of a species or population as well as the taking of

21 individuals within wildlife stock or population if permitted

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

23 conservation and restoration program’ means a program

24 developed by a State fish and wildlife department and ap25 proved by the Secretary under section 4(d), the projects
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1 that constitute such a program, which may be imple2 mented in whole or part through grants and contracts by

3 a State to other State, Federal, or local agencies (includ4 ing those that gather, evaluate, and disseminate informa5 tion on wildlife and their habitats), wildlife conservation

6 organizations, and outdoor recreation and conservation

7 education entities from funds apportioned under this title,

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

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

10 fauna including fish, and also fauna in captive breeding

11 programs the object of which is to reintroduce individuals

12 of a depleted indigenous species into previously occupied

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

14 construed to mean projects intended to meet the demand

15 for outdoor activities associated with wildlife including,

16 but not limited to, hunting and fishing, wildlife observa17 tion and photography, such projects as construction or

18 restoration of wildlife viewing areas, observation towers,

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

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

21 conservation education’ shall be construed to mean

22 projects, including public outreach, intended to foster re23 sponsible natural resource stewardship.’’.
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1 SEC. 303. TREATMENT OF AMOUNTS TRANSFERRED FROM

2 CONSERVATION AND REINVESTMENT ACT

3 FUND.

4 Section 3 of the Federal Aid in Wildlife Restoration

5 Act (16 U.S.C. 669b) is amended—

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

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

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

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

10 conservation and restoration account’. Amounts trans11 ferred to the fund for a fiscal year under section 5(b)(3)

12 of the Conservation and Reinvestment Act of 2000 shall

13 be deposited in the subaccount and shall be available with14 out further appropriation, in each fiscal year, for appor15 tionment in accordance with this Act to carry out State

16 wildlife conservation and restoration programs.’’; and

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

18 ‘‘(c) Amounts transferred to the fund from the Con19 servation and Reinvestment Act Fund and apportioned

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

21 existing funds available to the States from the sport fish

22 restoration account and wildlife restoration account and

23 shall be used for the development, revision, and implemen24 tation of wildlife conservation and restoration programs

25 and should be used to address the unmet needs for a di26 verse array of wildlife and associated habitats, including
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1 species that are not hunted or fished, for wildlife conserva2 tion, wildlife conservation education, and wildlife-associ3 ated recreation projects. Such funds may be used for new

4 programs and projects as well as to enhance existing pro5 grams and projects.

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

7 this section, with respect to amounts transferred to the

8 fund from the Conservation and Reinvestment Act Fund

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

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

11 thereof shall remain available for expenditure in that State

12 until the close of—

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

14 case of amounts transferred in any of the first 10

15 fiscal years beginning after the date of the enact16 ment of the Conservation and Reinvestment Act of

17 2000; or

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

19 case of amounts transferred in a fiscal year begin20 ning after the 10-fiscal year period referred to in

21 subparagraph (A).

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

23 subsection that is unexpended or unobligated at the end

24 of the period during which it is available under paragraph
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1 (1) shall be reapportioned to all States during the suc2 ceeding fiscal year.’’.

3 SEC. 304. APPORTIONMENT OF AMOUNTS TRANSFERRED

4 FROM CONSERVATION AND REINVESTMENT

5 ACT FUND.

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

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

8 adding at the end the following new subsection:

9 ‘‘(c) AMOUNTS TRANSFERRED FROM CONSERVATION

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

11 the Interior shall make the following apportionment from

12 the amount transferred to the fund from the Conservation

13 and Reinvestment Act Fund for each fiscal year:

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

15 Commonwealth of Puerto Rico, each a sum equal to

16 not more than one-half of 1 percent thereof.

17 ‘‘(B) To Guam, American Samoa, the Virgin Is18 lands, and the Commonwealth of the Northern Mar19 iana Islands, each a sum equal to not more than

20 one-sixth of 1 percent thereof.

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

22 the apportionment under paragraph (1), shall apportion

23 the remainder of the amount transferred to the fund from

24 the Conservation and Reinvestment Act Fund for each fis25 cal year among the States in the following manner:
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1 ‘‘(i) One-third of which is based on the ratio to

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

3 land area of all such States.

4 ‘‘(ii) Two-thirds of which is based on the ratio

5 to which the population of such State bears to the

6 total population of all such States.

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

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

9 apportioned a sum which is less than one-half of 1 percent

10 of the amount available for apportionment under this

11 paragraph for any fiscal year or more than 5 percent of

12 such amount.

13 ‘‘(3) Amounts transferred to the fund from the Con14 servation and Reinvestment Act Fund shall not be avail15 able for any expenses incurred in the administration and

16 execution of programs carried out with such amounts.

17 ‘‘(d) WILDLIFE CONSERVATION AND RESTORATION

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

19 department, may apply to the Secretary of the Interior

20 for approval of a wildlife conservation and restoration pro21 gram, or for funds to develop a program. To apply, a State

22 shall submit a comprehensive plan that includes—

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

24 department of the State overall responsibility and

25 accountability for the program;
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1 ‘‘(B) provisions for the development and imple2 mentation of—

3 ‘‘(i) wildlife conservation projects that ex4 pand and support existing wildlife programs,

5 giving appropriate consideration to all wildlife;

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

7 and

8 ‘‘(iii) wildlife conservation education

9 projects pursuant to programs under section

10 8(a); and

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

12 the development, revision, and implementation of

13 projects and programs required under this para14 graph.

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

16 participation in the development of the comprehensive

17 plan required under paragraph (1).

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

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

20 the Secretary shall approve the wildlife conservation and

21 restoration program of the State and set aside from the

22 apportionment to the State made pursuant to subsection

23 (c) an amount that shall not exceed 75 percent of the esti24 mated cost of developing and implementing the program.
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1 ‘‘(4)(A) Except as provided in subparagraph (B),

2 after the Secretary approves a State’s wildlife conservation

3 and restoration program, the Secretary may make pay4 ments on a project that is a segment of the State’s wildlife

5 conservation and restoration program as the project pro6 gresses. Such payments, including previous payments on

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

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

9 under such regulations as he may prescribe, may advance

10 funds representing the United States pro rata share of

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

12 restoration program, including funds to develop such pro13 gram.

14 ‘‘(B) Not more than 10 percent of the amounts ap15 portioned to each State under this section for a State’s

16 wildlife conservation and restoration program may be used

17 for wildlife-associated recreation.

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

19 shall include the District of Columbia, the Commonwealth

20 of Puerto Rico, the Virgin Islands, Guam, American

21 Samoa, and the Commonwealth of the Northern Mariana

22 Islands.’’.

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

24 agency personnel or with personnel of other State agencies

25 pursuant to the Federal Aid in Wildlife Restoration Act
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1 or the Federal Aid in Sport Fish Restoration Act shall

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

3 U.S.C. App.). Except for the preceding sentence, the pro4 visions of this title relate solely to wildlife conservation and

5 restoration programs and shall not be construed to affect

6 the provisions of the Federal Aid in Wildlife Restoration

7 Act relating to wildlife restoration projects or the provi8 sions of the Federal Aid in Sport Fish Restoration Act

9 relating to fish restoration and management projects.

10 SEC. 305. EDUCATION.

11 Section 8(a) of the Federal Aid in Wildlife Restora12 tion Act (16 U.S.C. 669g(a)) is amended by adding the

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

14 amount transferred to the fund from the Conservation and

15 Reinvestment Act Fund may be used for a wildlife con16 servation education program, except that no such funds

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

18 that promote or encourage opposition to the regulated tak19 ing of wildlife.’’.

20 SEC. 306. PROHIBITION AGAINST DIVERSION.

21 No designated State agency shall be eligible to receive

22 matching funds under this title if sources of revenue avail23 able to it after January 1, 1999, for conservation of wild24 life are diverted for any purpose other than the adminis25 tration of the designated State agency, it being the inten-
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1 tion of Congress that funds available to States under this

2 title be added to revenues from existing State sources and

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

4 Such revenues shall include interest, dividends, or other

5 income earned on the forgoing.

6 TITLE IV—URBAN PARK AND

7 RECREATION RECOVERY

8 PROGRAM AMENDMENTS

9 SEC. 401. AMENDMENT OF URBAN PARK AND RECREATION

10 RECOVERY ACT OF 1978.

11 Except as otherwise expressly provided, whenever in

12 this title an amendment or repeal is expressed in terms

13 of an amendment to, or repeal of, a section or other provi14 sion, the reference shall be considered to be made to a

15 section or other provision of the Urban Park and Recre16 ation Recovery Act of 1978 (16 U.S.C. 2501 et seq.).

17 SEC. 402. PURPOSE.

18 The purpose of this title is to provide a dedicated

19 source of funding to assist local governments in improving

20 their park and recreation systems.

21 SEC. 403. TREATMENT OF AMOUNTS TRANSFERRED FROM

22 CONSERVATION AND REINVESTMENT ACT

23 FUND.

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

25 as follows:
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1 ‘‘TREATMENT OF AMOUNTS TRANSFERRED FROM

2 CONSERVATION AND REINVESTMENT ACT FUND

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

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

5 the Conservation and Reinvestment Act of 2000 in a fiscal

6 year shall be available to the Secretary without further

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

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

9 of the second fiscal year beginning after the first fiscal

10 year in which the amount is available shall be reappor11 tioned by the Secretary among grantees under this title.

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

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

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

15 grants for the development of local park and recre16 ation recovery action programs pursuant to sections

17 1007(a) and 1007(c);

18 ‘‘(2) not more than 10 percent may be used for

19 innovation grants pursuant to section 1006; and

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

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

22 State.

23 ‘‘(c) LIMITATION ON USE FOR GRANT ADMINISTRA24 TION.—The Secretary shall establish a limit on the portion
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1 of any grant under this title that may be used for grant

2 and program administration.’’.

3 SEC. 404. AUTHORITY TO DEVELOP NEW AREAS AND FA4 CILITIES.

5 Section 1003 (16 U.S.C. 2502) is amended by insert6 ing ‘‘development of new recreation areas and facilities,

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

8 after ‘‘rehabilitation of critically needed recreation areas,

9 facilities,’’.

10 SEC. 405. DEFINITIONS.

11 Section 1004 (16 U.S.C. 2503) is amended as fol12 lows:

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

14 semicolon.

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

16 the end and inserting a semicolon.

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

18 ‘‘(l) ‘development grants’—

19 ‘‘(1) subject to subparagraph (2) means

20 matching capital grants to units of local govern21 ment to cover costs of development, land acqui22 sition, and construction on existing or new

23 neighborhood recreation sites, including indoor

24 and outdoor recreational areas and facilities,

25 support facilities, and landscaping; and
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1 ‘‘(2) does not include routine maintenance,

2 and upkeep activities; and

3 ‘‘(m) ‘Secretary’ means the Secretary of the In4 terior.’’.

5 SEC. 406. ELIGIBILITY.

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

7 read as follows:

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

9 to compete for assistance under this title shall be based

10 upon need as determined by the Secretary. Generally, eli11 gible general purpose local governments shall include the

12 following:

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

14 Primary, or Consolidated Statistical Areas, as deter15 mined by the most recent Census.

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

17 towns (or both) within such a Metropolitan Statis18 tical Area, that has a total population of 50,000 or

19 more as determined by the most recent Census.

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

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

22 by the most recent Census.’’.

23 SEC. 407. GRANTS.

24 Section 1006 (16 U.S.C. 2505) is amended—
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1 (1) in subsection (a) by redesignating para2 graph (3) as paragraph (4); and

3 (2) by striking so much as precedes subsection

4 (a)(4) (as so redesignated) and inserting the fol5 lowing:

6 ‘‘GRANTS

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

8 percent matching grants for rehabilitation, development,

9 acquisition, and innovation purposes to any eligible gen10 eral purpose local government upon approval by the Sec11 retary of an application submitted by the chief executive

12 of such government.

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

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

15 independent special purpose local governments, private

16 nonprofit agencies, or county or regional park authorities,

17 if—

18 ‘‘(A) such transfer is consistent with the ap19 proved application for the grant; and

20 ‘‘(B) the applicant provides assurance to the

21 Secretary that the applicant will maintain public

22 recreation opportunities at assisted areas and facili23 ties in accordance with section 1010.

24 ‘‘(3) Payments may be made only for those rehabilita25 tion, development, or innovation projects that have been

26 approved by the Secretary. Such payments may be made
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1 from time to time in keeping with the rate of progress

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

3 SEC. 408. RECOVERY ACTION PROGRAMS.

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

5 (1) in subsection (a) in the first sentence by in6 serting ‘‘development,’’ after ‘‘commitments to ongo7 ing planning,’’; and

8 (2) in subsection (a)(2) by inserting ‘‘develop9 ment and’’ after ‘‘adequate planning for’’.

10 SEC. 409. STATE ACTION INCENTIVES.

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

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

13 the first sentence; and

14 (2) by striking the last sentence of subsection

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

16 and inserting the following:

17 ‘‘(b) COORDINATION WITH LAND AND WATER CON18 SERVATION FUND ACTIVITIES.—(1) The Secretary and

19 general purpose local governments are encouraged to co20 ordinate preparation of recovery action programs required

21 by this title with State Plans or Agendas required under

22 section 6 of the Land and Water Conservation Fund Act

23 of 1965, including by allowing flexibility in preparation of

24 recovery action programs so they may be used to meet

25 State and local qualifications for local receipt of Land and
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1 Water Conservation Fund grants or State grants for simi2 lar purposes or for other conservation or recreation pur3 poses.

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

5 the findings, priorities, strategies, and schedules included

6 in the recovery action programs of their urban localities

7 in preparation and updating of State plans in accordance

8 with the public coordination and citizen consultation re9 quirements of subsection 6(d) of the Land and Water Con10 servation Fund Act of 1965.’’.

11 SEC. 410. CONVERSION OF RECREATION PROPERTY.

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

13 as follows:

14 ‘‘CONVERSION OF RECREATION PROPERTY

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

16 or rehabilitated under this title shall, without the approval

17 of the Secretary, be converted to any purpose other than

18 public recreation purposes.

19 ‘‘(2) Paragraph (1) shall apply to—

20 ‘‘(A) property developed with amounts provided

21 under this title; and

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

23 of which the property is a part.

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

25 only if the grantee demonstrates no prudent or feasible

26 alternative exists.
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1 ‘‘(2) Paragraph (1) shall apply to property that is

2 no longer a viable recreation facility due to changes in de3 mographics or that must be abandoned because of environ4 mental contamination which endangers public health or

5 safety.

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

7 Secretary considers necessary to assure substitution of

8 other recreation property that is—

9 ‘‘(1) of at least equal fair market value, and

10 reasonably equivalent usefulness and location; and

11 ‘‘(2) in accord with the current recreation re12 covery action program of the grantee.’’.

13 SEC. 411. REPEAL.

14 Section 1015 (16 U.S.C. 2514) is repealed.

15 TITLE V—HISTORIC

16 PRESERVATION FUND

17 SEC. 501. TREATMENT OF AMOUNTS TRANSFERRED FROM

18 CONSERVATION AND REINVESTMENT ACT

19 FUND.

20 Section 108 of the National Historic Preservation Act

21 (16 U.S.C. 470h) is amended—

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

23 (2) in subsection (a) (as designated by para24 graph (1) of this section) by striking all after the

25 first sentence; and
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1 (3) by adding at the end the following:

2 ‘‘(b) Amounts transferred to the Secretary under sec3 tion 5(b)(5) of the Conservation and Reinvestment Act of

4 2000 in a fiscal year shall be deposited into the Fund and

5 shall be available without further appropriation to carry

6 out this Act.

7 ‘‘(c) At least one-half of the funds obligated or ex8 pended each fiscal year under this Act shall be used in

9 accordance with this Act for preservation projects on his10 toric properties. In making such funds available, the Sec11 retary shall give priority to the preservation of endangered

12 historic properties.’’.

13 SEC. 502. STATE USE OF HISTORIC PRESERVATION ASSIST14 ANCE FOR NATIONAL HERITAGE AREAS AND

15 CORRIDORS.

16 Title I of the National Historic Preservation Act (16

17 U.S.C. 470a et seq.) is amended by adding at the end the

18 following:

19 ‘‘SEC. 114. STATE USE OF ASSISTANCE FOR NATIONAL HER20 ITAGE AREAS AND CORRIDORS.

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

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

23 by the State to provide financial assistance to the manage24 ment entity for any national heritage area or national her25 itage corridor established under the laws of the United
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1 States, to support cooperative historic preservation plan2 ning and development.’’.

3 TITLE VI—FEDERAL AND INDIAN

4 LANDS RESTORATION

5 SEC. 601. PURPOSE.

6 The purpose of this title is to provide a dedicated

7 source of funding for a coordinated program on Federal

8 and Indian lands to restore degraded lands, protect re9 sources that are threatened with degradation, and protect

10 public health and safety.

11 SEC. 602. TREATMENT OF AMOUNTS TRANSFERRED FROM

12 CONSERVATION AND REINVESTMENT ACT

13 FUND; ALLOCATION.

14 (a) IN GENERAL.—Amounts transferred to the Sec15 retary of the Interior and the Secretary of Agriculture

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

17 available without further appropriation to carry out this

18 title.

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

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

21 (1) DEPARTMENT OF THE INTERIOR.—Sixty

22 percent shall be allocated and available to the Sec23 retary of the Interior to carry out the purpose of

24 this title on lands within the National Park System,

25 lands within the National Wildlife Refuge System,
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1 and public lands administered by the Bureau of

2 Land Management.

3 (2) DEPARTMENT OF AGRICULTURE.—Thirty

4 percent shall be allocated and available to the Sec5 retary of Agriculture to carry out the purpose of this

6 title on lands within the National Forest System.

7 (3) INDIAN TRIBES.—Ten percent shall be allo8 cated and available to the Secretary of the Interior

9 for competitive grants to qualified Indian tribes

10 under section 603(b).

11 SEC. 603. AUTHORIZED USES OF TRANSFERRED AMOUNTS.

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

13 this title shall be used solely for restoration of degraded

14 lands, resource protection, maintenance activities related

15 to resource protection, or protection of public health or

16 safety.

17 (b) COMPETITIVE GRANTS TO INDIAN TRIBES.—

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

19 Interior shall administer a competitive grant pro20 gram for Indian tribes, giving priority to projects

21 based upon the protection of significant resources,

22 the severity of damages or threats to resources, and

23 the protection of public health or safety.

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

25 fiscal year by a single Indian tribe in the form of
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1 grants under this subsection may not exceed 10 per2 cent of the total amount available for that fiscal year

3 for grants under this subsection.

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

5 and the Secretary of Agriculture shall each establish pri6 ority lists for the use of funds available under this title.

7 Each list shall give priority to projects based upon the pro8 tection of significant resources, the severity of damages

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

10 or safety.

11 (d) COMPLIANCE WITH APPLICABLE PLANS.—Any

12 project carried out on Federal lands with amounts pro13 vided under this title shall be carried out in accordance

14 with all management plans that apply under Federal law

15 to the lands.

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

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

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

19 of Agriculture shall jointly establish a coordinated pro20 gram for—

21 (1) tracking the progress of activities carried

22 out with amounts made available by this title; and

23 (2) determining the extent to which demon24 strable results are being achieved by those activities.
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1 SEC. 604. INDIAN TRIBE DEFINED.

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

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

4 community that the Secretary of the Interior recognizes

5 as an Indian tribe under section 104 of the Federally Rec6 ognized Indian Tribe List Act of 1994 (25 U.S.C. 479a–

7 1).

8 TITLE VII—FARMLAND PROTEC9 TION PROGRAM AND ENDAN10 GERED AND THREATENED

11 SPECIES RECOVERY

12 Subtitle A—Farmland Protection

13 Program

14 SEC. 701. ADDITIONAL FUNDING AND ADDITIONAL AU15 THORITIES UNDER FARMLAND PROTECTION

16 PROGRAM.

17 Section 388 of the Federal Agriculture Improvement

18 and Reform Act of 1996 (Public Law 104–127; 16 U.S.C.

19 3830 note) is amended to read as follows:

20 ‘‘SEC. 388. FARMLAND PROTECTION PROGRAM.

21 ‘‘(a) ESTABLISHMENT AND PURPOSE.—The Sec22 retary of Agriculture shall carry out a farmland protection

23 program for the purpose of protecting farm, ranch, and

24 forest lands with prime, unique, or other productive uses

25 by limiting the nonagricultural uses of the lands. Under

26 the program, the Secretary may provide matching grants
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1 to eligible entities described in subsection (d) to facilitate

2 their purchase of—

3 ‘‘(1) permanent conservation easements in such

4 lands; or

5 ‘‘(2) conservation easements or other interests

6 in such lands when the lands are subject to a pend7 ing offer from a State or local government.

8 ‘‘(b) CONSERVATION PLAN.—Any highly erodible

9 land for which a conservation easement or other interest

10 is purchased using funds made available under this section

11 shall be subject to the requirements of a conservation plan

12 that requires, at the option of the Secretary of Agri13 culture, the conversion of the cropland to less intensive

14 uses.

15 ‘‘(c) MAXIMUM FEDERAL SHARE.—The Federal

16 share of the cost of purchasing a conservation easement

17 described in subsection (a)(1) may not exceed 50 percent

18 of the total cost of purchasing the easement.

19 ‘‘(d) ELIGIBLE ENTITY DEFINED.—In this section,

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

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

22 ‘‘(2) A federally recognized Indian tribe.

23 ‘‘(3) Any organization that is organized for,

24 and at all times since its formation has been oper25 ated principally for, one or more of the conservation
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1 purposes specified in clause (i), (ii), or (iii) of sec2 tion 170(h)(4)(A) of the Internal Revenue Code of

3 1986 and—

4 ‘‘(A) is described in section 501(c)(3) of

5 the Code;

6 ‘‘(B) is exempt from taxation under section

7 501(a) of the Code; and

8 ‘‘(C) is described in paragraph (2) of sec9 tion 509(a) of the Code, or paragraph (3) of

10 such section, but is controlled by an organiza11 tion described in paragraph (2) of such section.

12 ‘‘(e) TITLE; ENFORCEMENT.—Any eligible entity

13 may hold title to a conservation easement purchased using

14 grant funds provided under subsection (a)(1) and enforce

15 the conservation requirements of the easement.

16 ‘‘(f) STATE CERTIFICATION.—As a condition of the

17 receipt by an eligible entity of a grant under subsection

18 (a)(1), the attorney general of the State in which the con19 servation easement is to be purchased using the grant

20 funds shall certify that the conservation easement to be

21 purchased is in a form that is sufficient, under the laws

22 of the State, to achieve the purposes of the farmland pro23 tection program and the terms and conditions of the

24 grant.
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1 ‘‘(g) TECHNICAL ASSISTANCE.—To provide technical

2 assistance to carry out this section, the Secretary of Agri3 culture may not use more than 10 percent of the amount

4 made available for any fiscal year under section 702 of

5 the Conservation and Reinvestment Act of 2000.’’.

6 SEC. 702. FUNDING.

7 Amounts transferred to the Secretary of Agriculture

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

9 available to the Secretary of Agriculture, without further

10 appropriation, to carry out—

11 (1) the farmland protection program under sec12 tion 388 of the Federal Agriculture Improvement

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

14 U.S.C. 3830 note);

15 (2) the Forest Legacy Program under section 7

16 of the Cooperative Forestry Assistance Act of 1978

17 (16 U.S.C. 2103c); and

18 (3) the Urban and Community Forestry Assist19 ance Program established under section 9 of the Co20 operative Forestry Assistance Act of 1978 (16

21 U.S.C. 2105).

22 Subtitle B—Endangered and

23 Threatened Species Recovery

24 SEC. 711. PURPOSES.

25 The purposes of this subtitle are the following:
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1 (1) To provide a dedicated source of funding to

2 the United States Fish and Wildlife Service and the

3 National Marine Fisheries Service for the purpose of

4 implementing an incentives program to promote the

5 recovery of endangered species and threatened spe6 cies and the habitat upon which they depend.

7 (2) To promote greater involvement by non8 Federal entities in the recovery of the Nation’s en9 dangered species and threatened species and the

10 habitat upon which they depend.

11 SEC. 712. TREATMENT OF AMOUNTS TRANSFERRED FROM

12 CONSERVATION AND REINVESTMENT ACT

13 FUND.

14 Amounts transferred to the Secretary of the Interior

15 under section 5(b)(8) of this Act in a fiscal year shall be

16 available to the Secretary of the Interior without further

17 appropriation to carry out this subtitle.

18 SEC. 713. ENDANGERED AND THREATENED SPECIES RE19 COVERY ASSISTANCE.

20 (a) FINANCIAL ASSISTANCE.—The Secretary may

21 use amounts made available under section 712 to provide

22 financial assistance to any person for development and im23 plementation of Endangered and Threatened Species Re24 covery Agreements entered into by the Secretary under

25 section 714.
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1 (b) PRIORITY.—In providing assistance under this

2 section, the Secretary shall give priority to the develop3 ment and implementation of species recovery agreements

4 that—

5 (1) implement actions identified under recovery

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

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

8 1533(f));

9 (2) have the greatest potential for contributing

10 to the recovery of an endangered or threatened spe11 cies; and

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

13 assistance on land owned by a small landowner.

14 (c) PROHIBITION ON ASSISTANCE FOR REQUIRED

15 ACTIVITIES.—The Secretary may not provide financial as16 sistance under this section for any action that is required

17 by a permit issued under section 10(a)(1)(B) of the En18 dangered Species Act of 1973 (16 U.S.C. 1539(a)(1)(B))

19 or an incidental take statement issued under section 7 of

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

21 under that Act or any other Federal law.

22 (d) PAYMENTS UNDER OTHER PROGRAMS.—

23 (1) OTHER PAYMENTS NOT AFFECTED.—Finan24 cial assistance provided to a person under this sec25 tion shall be in addition to, and shall not affect, the
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1 total amount of payments that the person is other2 wise eligible to receive under the conservation re3 serve program established under subchapter B of

4 chapter 1 of subtitle D of title XII of the Food Se5 curity Act of 1985 (16 U.S.C. 3831 et seq.), the

6 wetlands reserve program established under sub7 chapter C of that chapter (16 U.S.C. 3837 et seq.),

8 or the Wildlife Habitat Incentives Program estab9 lished under section 387 of the Federal Agriculture

10 Improvement and Reform Act of 1996 (16 U.S.C.

11 3836a).

12 (2) LIMITATION.—A person may not receive fi13 nancial assistance under this section to carry out ac14 tivities under a species recovery agreement in addi15 tion to payments under the programs referred to in

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

17 terms of the species recovery agreement do not re18 quire financial or management obligations by the

19 person in addition to any such obligations of the

20 person under such programs.

21 SEC. 714. ENDANGERED AND THREATENED SPECIES RE22 COVERY AGREEMENTS.

23 (a) IN GENERAL.—The Secretary may enter into En24 dangered and Threatened Species Recovery Agreements
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1 for purposes of this subtitle in accordance with this sec2 tion.

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

4 in each species recovery agreement provisions that—

5 (1) require the person—

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

7 leased by the person activities not otherwise re8 quired by law that contribute to the recovery of

9 an endangered or threatened species;

10 (B) to refrain from carrying out on real

11 property owned or leased by the person other12 wise lawful activities that would inhibit the re13 covery of an endangered or threatened species;

14 or

15 (C) to do any combination of subpara16 graphs (A) and (B);

17 (2) describe the real property referred to in

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

19 (3) specify species recovery goals for the agree20 ment, and measures for attaining such goals;

21 (4) require the person to make measurable

22 progress each year in achieving those goals, includ23 ing a schedule for implementation of the agreement;
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1 (5) specify actions to be taken by the Secretary

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

3 of the agreement in attaining those recovery goals;

4 (6) require the person to notify the Secretary

5 if—

6 (A) any right or obligation of the person

7 under the agreement is assigned to any other

8 person; or

9 (B) any term of the agreement is breached

10 by the person or any other person to whom is

11 assigned a right or obligation of the person

12 under the agreement;

13 (7) specify the date on which the agreement

14 takes effect and the period of time during which the

15 agreement shall remain in effect;

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

17 effect on and after any date on which the Secretary

18 publishes a certification by the Secretary that the

19 person has not complied with the agreement; and

20 (9) allocate financial assistance provided under

21 this subtitle for implementation of the agreement, on

22 an annual or other basis during the period the

23 agreement is in effect based on the schedule for im24 plementation required under paragraph (4).
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1 (c) REVIEW AND APPROVAL OF PROPOSED AGREE2 MENTS.—Upon submission by any person of a proposed

3 species recovery agreement under this section, the

4 Secretary—

5 (1) shall review the proposed agreement and de6 termine whether it complies with the requirements of

7 this section and will contribute to the recovery of en8 dangered or threatened species that are the subject

9 of the proposed agreement;

10 (2) propose to the person any additional provi11 sions necessary for the agreement to comply with

12 this section; and

13 (3) if the Secretary determines that the agree14 ment complies with the requirements of this section,

15 shall approve and enter with the person into the

16 agreement.

17 (d) MONITORING IMPLEMENTATION OF AGREE18 MENTS.—The Secretary shall—

19 (1) periodically monitor the implementation of

20 each species recovery agreement entered into by the

21 Secretary under this section; and

22 (2) based on the information obtained from

23 that monitoring, annually or otherwise disburse fi24 nancial assistance under this subtitle to implement
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1 the agreement as the Secretary determines is appro2 priate under the terms of the agreement.

3 SEC. 715. DEFINITIONS.

4 In this subtitle:

5 (1) ENDANGERED OR THREATENED SPECIES.—

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

7 any species that is listed as an endangered species

8 or threatened species under section 4 of the Endan9 gered Species Act of 1973 (16 U.S.C. 1533).

10 (2) SECRETARY.—The term ‘‘Secretary’’ means

11 the Secretary of the Interior or the Secretary of

12 Commerce, in accordance with section 3 of the En13 dangered Species Act of 1973 (16 U.S.C. 1532).

14 (3) SMALL LANDOWNER.—The term ‘‘small

15 landowner’’ means an individual who owns 50 acres

16 or fewer of land.

17 (4) SPECIES RECOVERY AGREEMENT.—The

18 term ‘‘species recovery agreement’’ means an En19 dangered and Threatened Species Recovery Agree20 ment entered into by the Secretary under section

21 714.
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1 TITLE VIII—PROTECTION OF SO2 CIAL SECURITY AND MEDI3 CARE BENEFITS

4 SEC. 801. PROTECTION OF SOCIAL SECURITY AND MEDI5 CARE BENEFITS.

6 No funds shall be expended under this Act if such

7 expenditure diminishes benefit obligations of the Federal

8 Old-Age and Survivors Insurance Trust Fund, the Federal

9 Disability Insurance Trust Fund, the Hospital Insurance

10 Trust Fund, or the Supplementary Medical Insurance

11 Trust Fund.
Calendar No. 553

106TH CONGRESS

2D SESSION S. 2567

A BILL

To provide Outer Continental Shelf Impact Assistance to State and local governments, to amend

the Land and Water Conservation Fund Act of1965, the Urban Park and Recreation RecoveryAct of 1978, and the Federal Aid in WildlifeRestoration Act (commonly referred to as thePittman-Robertson Act) to establish a fund tomeet the outdoor conservation and recreationneeds of the American people, and for other purposes.

MAY 17, 2000

Read the second time and placed on the calendar