II 

109TH CONGRESS 

1ST SESSION S. 964 

To provide a conservation royalty from Outer Continental Shelf revenues 

to establish the Coastal Impact Assistance Program, to provide assistance 

to States under the Land and Water Conservation Fund Act of 1965, 

to ensure adequate funding for conserving and restoring wildlife, to 

assist local governments in improving local park and recreation systems, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

APRIL 28, 2005 

Mr. ALEXANDER (for himself, Ms. LANDRIEU, Mr. VITTER, and Mr. JOHNSON) introduced the following bill; which was read twice and referred to 

the Committee on Energy and Natural Resources 

A BILL 

To provide a conservation royalty from Outer Continental 

Shelf revenues to establish the Coastal Impact Assistance 

Program, to provide assistance to States under the Land 

and Water Conservation Fund Act of 1965, to ensure 

adequate funding for conserving and restoring wildlife, 

to assist local governments in improving local park and 

recreation systems, and for other purposes. 

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

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

3 ‘‘Americans Outdoors Act of 2005’’. 

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

5 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—DISPOSITION OF OUTER CONTINENTAL SHELF 

REVENUES 

Sec. 101. Disposition. 

TITLE II—COASTAL IMPACT ASSISTANCE 

Sec. 201. Coastal Impact Assistance Program. 

TITLE III—LAND AND WATER CONSERVATION FUND 

Sec. 301. Apportionment of amounts available for State purposes. 

Sec. 302. State planning. 

Sec. 303. Assistance to States for other projects. 

Sec. 304. Conversion of property to other use. 

Sec. 305. Water rights. 

TITLE IV—CONSERVATION AND RESTORATION OF WILDLIFE 

Sec. 401. Purposes. 

Sec. 402. Definitions. 

Sec. 403. Wildlife Conservation and Restoration Account. 

Sec. 404. Apportionment to Indian tribes. 

Sec. 405. No effect on prior appropriations. 

TITLE V—URBAN PARK AND RECREATION RECOVERY PROGRAM 

Sec. 501. Expansion of purpose of Urban Park and Recreation Recovery Act 

of 1978 to include development of new areas and facilities. 

Sec. 502. Definitions. 

Sec. 503. Eligibility. 

Sec. 504. Grants. 

Sec. 505. Recovery action programs. 

Sec. 506. State action incentives. 

Sec. 507. Conversion of recreation property. 

Sec. 508. Treatment of transferred amounts. 

Sec. 509. Repeal. 
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1 TITLE I—DISPOSITION OF 

2 OUTER CONTINENTAL SHELF 

3 REVENUES 

4 SEC. 101. DISPOSITION. 

5 Section 9 of the Outer Continental Shelf Lands Act 

6 (43 U.S.C. 1338) is amended to read as follows: 

7 ‘‘SEC. 9. DISPOSITION OF REVENUES. 

8 ‘‘(a) IN GENERAL.—For each of fiscal years 2006 

9 through 2011, the Secretary of the Treasury shall deposit 

10 in the Treasury of the United States all qualified outer 

11 continental shelf revenues (as defined in section 31(a)). 

12 ‘‘(b) TRANSFER FOR CONSERVATION ROYALTY EX13 PENDITURES.—For each of fiscal years 2006 through 

14 2011, from amounts deposited for the preceding fiscal 

15 year under subsection (a), the Secretary of the Treasury 

16 shall transfer— 

17 ‘‘(1) to the Secretary to make payments under 

18 section 31, $450,000,000; 

19 ‘‘(2) to the Land and Water Conservation Fund 

20 to provide financial assistance to States under sec21 tion 6 of the Land and Water Conservation Fund 

22 Act of 1965 (16 U.S.C. 460l–8), $450,000,000; 

23 ‘‘(3) to the Federal aid to wildlife restoration 

24 fund established under section 3 of the Pittman25 Robertson Wildlife Restoration Act (16 U.S.C. 
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1 669b) for deposit in the Wildlife Conservation and 

2 Restoration Account, $350,000,000; and 

3 ‘‘(4) to the Secretary to carry out the Urban 

4 Park and Recreation Recovery Act of 1978 (16 

5 U.S.C. 2501 et seq.), $125,000,000.’’. 

6 TITLE II—COASTAL IMPACT 

7 ASSISTANCE 

8 SEC. 201. COASTAL IMPACT ASSISTANCE PROGRAM. 

9 Section 31 of the Outer Continental Shelf Lands Act 

10 (43 U.S.C. 1356a) is amended to read as follows: 

11 ‘‘SEC. 31. COASTAL IMPACT ASSISTANCE PROGRAM. 

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

13 ‘‘(1) COASTAL POLITICAL SUBDIVISION.—The 

14 term ‘coastal political subdivision’ means a political 

15 subdivision of a coastal State any part of which po16 litical subdivision is— 

17 ‘‘(A) within the coastal zone (as defined in 

18 section 304 of the Coastal Zone Management 

19 Act of 1972 (16 U.S.C. 1453)) of the coastal 

20 State; and 

21 ‘‘(B) not more than 200 miles from the ge22 ographic center of any leased tract. 

23 ‘‘(2) COASTAL POPULATION.—The term ‘coastal 

24 population’ means the population, as determined by 

25 the most recent official data of the Census Bureau, 
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1 of each political subdivision any part of which lies 

2 within the designated coastal boundary of a State 

3 (as defined in a State’s coastal zone management 

4 program under the Coastal Zone Management Act of 

5 1972 (16 U.S.C. 1451 et seq.)). 

6 ‘‘(3) COASTAL STATE.—The term ‘coastal 

7 State’ has the meaning given the term in section 

8 304 of the Coastal Zone Management Act of 1972 

9 (16 U.S.C. 1453). 

10 ‘‘(4) COASTLINE.—The term ‘coastline’ has the 

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

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

13 ‘‘(5) DISTANCE.—The term ‘distance’ means 

14 the minimum great circle distance, measured in stat15 ute miles. 

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

17 means a tract that is subject to a lease under section 

18 6 or 8 for the purpose of drilling for, developing, 

19 and producing oil or natural gas resources. 

20 ‘‘(7) LEASING MORATORIA.—The term ‘leasing 

21 moratoria’ means the prohibitions on preleasing, 

22 leasing, and related activities on any geographic area 

23 of the outer Continental Shelf as contained in— 

24 ‘‘(A) the moratorium statement of the 

25 President on June 12, 1998; or 
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1 ‘‘(B) section 110 of the Department of the 

2 Interior and Related Agencies Appropriations 

3 Act, 2002 (Public Law 107–63; 115 Stat. 438). 

4 ‘‘(8) POLITICAL SUBDIVISION.—The term ‘polit5 ical subdivision’ means the local political jurisdiction 

6 immediately below the level of State government, in7 cluding counties, parishes, and boroughs. 

8 ‘‘(9) PRODUCING STATE.— 

9 ‘‘(A) IN GENERAL.—The term ‘producing 

10 State’ means a coastal State that has a coastal 

11 seaward boundary within 200 miles of the geo12 graphic center of a leased tract within any area 

13 of the outer Continental Shelf. 

14 ‘‘(B) EXCLUSION.—The term ‘producing 

15 State’ does not include a producing State, a 

16 majority of the coastline of which is subject to 

17 leasing moratoria. 

18 ‘‘(10) QUALIFIED OUTER CONTINENTAL SHELF

19 REVENUES.— 

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

21 Outer Continental Shelf revenues’ means all 

22 amounts received by the United States from 

23 each leased tract or portion of a leased tract— 

24 ‘‘(i) lying— 
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1 ‘‘(I) seaward of the zone covered 

2 by section 8(g); or 

3 ‘‘(II) within that zone, but to 

4 which section 8(g) does not apply; and 

5 ‘‘(ii) the geographic center of which 

6 lies within a distance of 200 miles from 

7 any part of the coastline of any coastal 

8 State. 

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

10 Outer Continental Shelf revenues’ includes 

11 bonus bids, rents, royalties (including payments 

12 for royalty taken in kind and sold), net profit 

13 share payments, and related late-payment inter14 est from natural gas and oil leases issued under 

15 this Act. 

16 ‘‘(C) EXCLUSION.—The term ‘qualified 

17 Outer Continental Shelf revenues’ does not in18 clude any revenues from a leased tract or por19 tion of a leased tract that is located in a geo20 graphic area subject to a leasing moratorium on 

21 January 1, 2005, unless the lease was in pro22 duction on that date. 

23 ‘‘(11) TRANSFERRED AMOUNT.—The term 

24 ‘transferred amount’ means the amount transferred 

25 to the Secretary under section 9 to make payments 
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1 to producing States and coastal political subdivisions 

2 under this section for a fiscal year. 

3 ‘‘(b) PAYMENTS TO PRODUCING STATES AND COAST4 AL POLITICAL SUBDIVISIONS.— 

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

6 2006 through 2011, the transferred amount shall be 

7 allocated by the Secretary among producing States 

8 and coastal political subdivisions in accordance with 

9 this section. 

10 ‘‘(2) DISBURSEMENT.—In each fiscal year, the 

11 Secretary shall, without further appropriation, dis12 burse to each producing State for which the Sec13 retary has approved a plan under subsection (c), and 

14 to coastal political subdivisions under paragraph (4), 

15 such funds as are allocated to the producing State 

16 or coastal political subdivision, respectively, under 

17 this section for the fiscal year. 

18 ‘‘(3) ALLOCATION AMONG PRODUCING

19 STATES.— 

20 ‘‘(A) IN GENERAL.—Except as provided in 

21 subparagraph (C) and subject to subparagraph 

22 (D), the transferred amount shall be allocated 

23 to each producing State based on the ratio 

24 that— 
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1 ‘‘(i) the amount of qualified outer 

2 Continental Shelf revenues generated off 

3 the coastline of the producing State; bears 

4 to 

5 ‘‘(ii) the amount of qualified outer 

6 Continental Shelf revenues generated off 

7 the coastline of all producing States. 

8 ‘‘(B) AMOUNT OF OUTER CONTINENTAL

9 SHELF REVENUES.—For purposes of subpara10 graph (A)— 

11 ‘‘(i) the amount of qualified outer 

12 Continental Shelf revenues for each of fis13 cal years 2006 through 2008 shall be de14 termined using qualified outer Continental 

15 Shelf revenues received for fiscal year 

16 2005; and 

17 ‘‘(ii) the amount of qualified outer 

18 Continental Shelf revenues for each of fis19 cal years 2009 through 2011 shall be de20 termined using qualified outer Continental 

21 Shelf revenues received for fiscal year 

22 2008. 

23 ‘‘(C) MULTIPLE PRODUCING STATES.—In 

24 a case in which more than 1 producing State is 

25 located within 200 miles of any portion of a 
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1 leased tract, the amount allocated to each pro2 ducing State for the leased tract shall be in3 versely proportional to the distance between— 

4 ‘‘(i) the nearest point on the coastline 

5 of the producing State; and 

6 ‘‘(ii) the geographic center of the 

7 leased tract. 

8 ‘‘(D) MINIMUM ALLOCATION.—The 

9 amount allocated to a producing State under 

10 subparagraph (A) shall be at least 1 percent of 

11 the transferred amount. 

12 ‘‘(4) PAYMENTS TO COASTAL POLITICAL SUB13 DIVISIONS.— 

14 ‘‘(A) IN GENERAL.—The Secretary shall 

15 pay 35 percent of the amount allocated under 

16 paragraph (3) to the coastal political subdivi17 sions in the producing State. 

18 ‘‘(B) FORMULA.—Of the amount paid by 

19 the Secretary to coastal political subdivisions 

20 under subparagraph (A)— 

21 ‘‘(i) 25 percent shall be allocated to 

22 each coastal political subdivision in the 

23 proportion that— 

24 ‘‘(I) the coastal population of the 

25 coastal political subdivision; bears to 
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1 ‘‘(II) the coastal population of all 

2 coastal political subdivisions in the 

3 producing State; 

4 ‘‘(ii) 25 percent shall be allocated to 

5 each coastal political subdivision in the 

6 proportion that— 

7 ‘‘(I) the number of miles of 

8 coastline of the coastal political sub9 division; bears to 

10 ‘‘(II) the number of miles of 

11 coastline of all coastal political sub12 divisions in the producing State; and 

13 ‘‘(iii) 50 percent shall be allocated in 

14 amounts that are inversely proportional to 

15 the respective distances between the points 

16 in each coastal political subdivision that 

17 are closest to the geographic center of each 

18 leased tract, as determined by the Sec19 retary. 

20 ‘‘(C) EXCEPTION FOR THE STATE OF LOU21 ISIANA.—For the purposes of subparagraph 

22 (B)(ii), the coastline for coastal political sub23 divisions in the State of Louisiana without a 

24 coastline shall be the average length of the 
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1 coastline of all other coastal political subdivi2 sions in the State of Louisiana. 

3 ‘‘(D) EXCEPTION FOR THE STATE OF

4 ALASKA.—For the purposes of carrying out 

5 subparagraph (B)(iii) in the State of Alaska, 

6 the amounts allocated shall be divided equally 

7 among the 2 coastal political subdivisions that 

8 are closest to the geographic center of a leased 

9 tract. 

10 ‘‘(E) EXCLUSION OF CERTAIN LEASED

11 TRACTS.—For purposes of subparagraph 

12 (B)(iii), a leased tract or portion of a leased 

13 tract shall be excluded if the tract or portion of 

14 a leased tract is located in a geographic area 

15 subject to a leasing moratorium on January 1, 

16 2005, unless the lease was in production on 

17 that date. 

18 ‘‘(5) NO APPROVED PLAN.— 

19 ‘‘(A) IN GENERAL.—Subject to subpara20 graph (B) and except as provided in subpara21 graph (C), in a case in which any amount allo22 cated to a producing State or coastal political 

23 subdivision under paragraph (3) or (4) is not 

24 disbursed because the producing State does not 

25 have in effect a plan that has been approved by 
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1 the Secretary under subsection (c), the Sec2 retary shall allocate the undisbursed amount 

3 equally among all other producing States. 

4 ‘‘(B) RETENTION OF ALLOCATION.—The 

5 Secretary shall hold in escrow an undisbursed 

6 amount described in subparagraph (A) until 

7 such date as the final appeal regarding the dis8 approval of a plan submitted under subsection 

9 (c) is decided. 

10 ‘‘(C) WAIVER.—The Secretary may waive 

11 subparagraph (A) with respect to an allocated 

12 share of a producing State and hold the allo13 cable share in escrow if the Secretary deter14 mines that the producing State is making a 

15 good faith effort to develop and submit, or up16 date, a plan in accordance with subsection (c). 

17 ‘‘(c) COASTAL IMPACT ASSISTANCE PLAN.— 

18 ‘‘(1) SUBMISSION OF STATE PLANS.— 

19 ‘‘(A) IN GENERAL.—Not later than July 1, 

20 2008, the Governor of a producing State shall 

21 submit to the Secretary a coastal impact assist22 ance plan. 

23 ‘‘(B) PUBLIC PARTICIPATION.—In carrying 

24 out subparagraph (A), the Governor shall solicit 
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1 local input and provide for public participation 

2 in the development of the plan. 

3 ‘‘(2) APPROVAL.— 

4 ‘‘(A) IN GENERAL.—The Secretary shall 

5 approve a plan of a producing State submitted 

6 under paragraph (1) before disbursing any 

7 amount to the producing State, or to a coastal 

8 political subdivision located in the producing 

9 State, under this section. 

10 ‘‘(B) COMPONENTS.—The Secretary shall 

11 approve a plan submitted under paragraph (1) 

12 if— 

13 ‘‘(i) the Secretary determines that the 

14 plan is consistent with the uses described 

15 in subsection (d); and 

16 ‘‘(ii) the plan contains— 

17 ‘‘(I) the name of the State agen18 cy that will have the authority to rep19 resent and act on behalf of the pro20 ducing State in dealing with the Sec21 retary for purposes of this section; 

22 ‘‘(II) a program for the imple23 mentation of the plan that describes 

24 how the amounts provided under this 
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1 section to the producing State will be 

2 used; 

3 ‘‘(III) for each coastal political 

4 subdivision that receives an amount 

5 under this section— 

6 ‘‘(aa) the name of a contact 

7 person; and 

8 ‘‘(bb) a description of how 

9 the coastal political subdivision 

10 will use amounts provided under 

11 this section; 

12 ‘‘(IV) a certification by the Gov13 ernor that ample opportunity has been 

14 provided for public participation in 

15 the development and revision of the 

16 plan; and 

17 ‘‘(V) a description of measures 

18 that will be taken to determine the 

19 availability of assistance from other 

20 relevant Federal resources and pro21 grams. 

22 ‘‘(3) AMENDMENT.—Any amendment to a plan 

23 submitted under paragraph (1) shall be— 

24 ‘‘(A) developed in accordance with this 

25 subsection; and 
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1 ‘‘(B) submitted to the Secretary for ap2 proval or disapproval under paragraph (4). 

3 ‘‘(4) PROCEDURE.— 

4 ‘‘(A) IN GENERAL.—Except as provided in 

5 subparagraph (B), not later than 90 days after 

6 the date on which a plan or amendment to a 

7 plan is submitted under paragraph (1) or (3), 

8 the Secretary shall approve or disapprove the 

9 plan or amendment. 

10 ‘‘(B) EXCEPTION.—For fiscal year 2006, 

11 the Secretary shall approve or disapprove a 

12 plan submitted under paragraph (1) not later 

13 than December 31, 2006. 

14 ‘‘(d) AUTHORIZED USES.— 

15 ‘‘(1) IN GENERAL.—A producing State or coast16 al political subdivision shall use all amounts received 

17 under this section, including any amount deposited 

18 in a trust fund that is administered by the State or 

19 coastal political subdivision and dedicated to uses 

20 consistent with this section, in accordance with all 

21 applicable Federal and State law, only for 1 or more 

22 of the following purposes: 

23 ‘‘(A) Projects and activities for the con24 servation, protection, or restoration of coastal 

25 areas, including wetland. 
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1 ‘‘(B) Mitigation of damage to fish, wildlife, 

2 or natural resources. 

3 ‘‘(C) Planning assistance and the adminis4 trative costs of complying with this section. 

5 ‘‘(D) Implementation of a federally-ap6 proved marine, coastal, or comprehensive con7 servation management plan. 

8 ‘‘(E) Mitigation of the impact of outer 

9 Continental Shelf activities through funding of 

10 onshore infrastructure projects and public serv11 ice needs. 

12 ‘‘(2) COMPLIANCE WITH AUTHORIZED USES.— 

13 If the Secretary determines that any expenditure 

14 made by a producing State or coastal political sub15 division is not consistent with this subsection, the 

16 Secretary shall not disburse any additional amount 

17 under this section to the producing State or the 

18 coastal political subdivision until such time as all 

19 amounts obligated for unauthorized uses have been 

20 repaid or reobligated for authorized uses.’’. 
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1 TITLE III—LAND AND WATER 

2 CONSERVATION FUND 

3 SEC. 301. APPORTIONMENT OF AMOUNTS AVAILABLE FOR 

4 STATE PURPOSES. 

5 Section 6 of the Land and Water Conservation Fund 

6 Act of 1965 (16 U.S.C. 460l–8) is amended— 

7 (1) in the second sentence of subsection (a), by 

8 inserting ‘‘(including facility rehabilitation, but ex9 cluding facility maintenance)’’ after ‘‘(3) develop10 ment’’; and 

11 (2) by striking subsection (b) and inserting the 

12 following: 

13 ‘‘(b) APPORTIONMENT AMONG THE STATES.— 

14 ‘‘(1) DEFINITION OF STATE.— 

15 ‘‘(A) IN GENERAL.—Except as provided in 

16 subparagraph (B), in this subsection, the term 

17 ‘State’ means— 

18 ‘‘(i) each of the States of the United 

19 States; 

20 ‘‘(ii) the District of Columbia; 

21 ‘‘(iii) the Commonwealth of Puerto 

22 Rico; 

23 ‘‘(iv) the Commonwealth of the North24 ern Mariana Islands; 

25 ‘‘(v) the United States Virgin Islands; 
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1 ‘‘(vi) Guam; and 

2 ‘‘(vii) American Samoa. 

3 ‘‘(B) LIMITATION.—For the purposes of 

4 paragraph (3), the States referred to in clauses 

5 (iii) through (vii) of subparagraph (A)— 

6 ‘‘(i) shall be treated collectively as 1 

7 State; and 

8 ‘‘(ii) shall each receive an apportion9 ment under that paragraph based on the 

10 ratio that— 

11 ‘‘(I) the population of the State; 

12 bears to 

13 ‘‘(II) the population of all the 

14 States referred to in clauses (iii) 

15 through (vii) of subparagraph (A). 

16 ‘‘(2) DEDUCTION FOR ADMINISTRATIVE EX17 PENSES.—For each fiscal year, the Secretary may 

18 deduct, for payment of administrative expenses in19 curred by the Secretary in carrying out this section, 

20 not more than 1 percent of the amounts made avail21 able for financial assistance to States for the fiscal 

22 year under this Act. 

23 ‘‘(3) APPORTIONMENT.— 

24 ‘‘(A) IN GENERAL.—Not later than 60 

25 days after the end of the fiscal year, the Sec-
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1 retary shall apportion among the States the 

2 amounts remaining after making the deduction 

3 under paragraph (2). 

4 ‘‘(B) FORMULA.—Subject to paragraph 

5 (5), of the amounts described in subparagraph 

6 (A) for each fiscal year— 

7 ‘‘(i) 60 percent shall be apportioned 

8 equally among the States; and 

9 ‘‘(ii) 40 percent shall be apportioned 

10 among the States based on the ratio 

11 that— 

12 ‘‘(I) the population of each State 

13 (as reported in the most recent decen14 nial census); bears to 

15 ‘‘(II) the population of all of the 

16 States (as reported in the most recent 

17 decennial census). 

18 ‘‘(4) LIMITATION.—For any fiscal year, the 

19 total apportionment to any 1 State under paragraph 

20 (3) shall not exceed 10 percent of the total amount 

21 apportioned to all States for the fiscal year. 

22 ‘‘(5) STATE NOTIFICATION.—The Secretary 

23 shall notify each State of the amount apportioned to 

24 the State under paragraph (3). 

25 ‘‘(6) USE OF FUNDS.— 
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1 ‘‘(A) IN GENERAL.—Amounts apportioned 

2 to a State under paragraph (3) may be used for 

3 planning, acquisition, or development projects 

4 in accordance with this Act. 

5 ‘‘(B) LIMITATION.—Amounts apportioned 

6 to a State under paragraph (3) shall not be 

7 used for condemnation of land. 

8 ‘‘(7) REAPPORTIONMENT.— 

9 ‘‘(A) IN GENERAL.—Any portion of an ap10 portionment to a State under this subsection 

11 that has not been paid or obligated by the Sec12 retary by the end of the second fiscal year that 

13 begins after the date on which notification is 

14 provided to the State under paragraph (5) shall 

15 be reapportioned by the Secretary in accordance 

16 with paragraph (3). 

17 ‘‘(B) LIMITATION.—A reapportionment 

18 under this paragraph shall be made without re19 gard to the limitation described in paragraph 

20 (4). 

21 ‘‘(8) APPORTIONMENT TO INDIAN TRIBES.— 

22 ‘‘(A) DEFINITION.—In this paragraph, the 

23 term ‘Indian tribe’— 

24 ‘‘(i) in the case of the State of Alaska, 

25 means a Native corporation (as defined in 
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1 section 3 of the Alaska Native Claims Set2 tlement Act (43 U.S.C. 1602)); and 

3 ‘‘(ii) in the case of any other State, 

4 has the meaning given the term in section 

5 4 of the Indian Self-Determination and 

6 Education Assistance Act (25 U.S.C. 

7 450b). 

8 ‘‘(B) APPORTIONMENT.—For the purposes 

9 of paragraph (3), each Indian tribe shall be eli10 gible to receive a share of the amount available 

11 under paragraph (3) in accordance with a com12 petitive grant program established by the Sec13 retary. 

14 ‘‘(C) TOTAL APPORTIONMENT.—The total 

15 apportionment available to Indian tribes under 

16 subparagraph (B) shall be equal to the amount 

17 available to a single State under paragraph (3). 

18 ‘‘(D) AMOUNT OF GRANT.—For any fiscal 

19 year, the grant to any 1 Indian tribe under this 

20 paragraph shall not exceed 10 percent of the 

21 total amount made available to Indian tribes 

22 under paragraph (3). 

23 ‘‘(E) USE OF FUNDS.—Funds received by 

24 an Indian tribe under this paragraph may be 
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1 used for the purposes specified in paragraphs 

2 (1) and (3) of subsection (a). 

3 ‘‘(9) LOCAL ALLOCATION.—Unless the State 

4 demonstrates on an annual basis to the satisfaction 

5 of the Secretary that there is a compelling reason 

6 not to provide grants under this paragraph, each 

7 State (other than the District of Columbia) shall 

8 make available, as grants to political subdivisions of 

9 the State, not less than 25 percent of the annual 

10 State apportionment under this subsection, or an 

11 equivalent amount made available from other 

12 sources.’’. 

13 SEC. 302. STATE PLANNING. 

14 (a) IN GENERAL.—Section 6 of the Land and Water 

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

16 amended by striking subsection (d) and inserting the fol17 lowing: 

18 ‘‘(d) SELECTION CRITERIA; STATE ACTION AGEN19 DA.— 

20 ‘‘(1) SELECTION CRITERIA.—Each State may 

21 develop priorities and criteria for selection of out22 door conservation and recreation acquisition and de23 velopment projects eligible for grants under this Act, 

24 if— 
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1 ‘‘(A) the priorities and criteria developed 

2 by the State are consistent with this Act; 

3 ‘‘(B) the State provides for public partici4 pation in the development of the priorities and 

5 criteria; and 

6 ‘‘(C) the State develops a State action 

7 agenda (referred to in this section as a ‘State 

8 action agenda’) that includes the priorities and 

9 criteria established under this paragraph. 

10 ‘‘(2) STATE ACTION AGENDA.— 

11 ‘‘(A) IN GENERAL.—Not later than 5 years 

12 after the date of enactment of this subpara13 graph, the State, in partnership with political 

14 subdivisions of the State and Federal agencies 

15 and in consultation with the public, shall de16 velop a State action agenda. 

17 ‘‘(B) REQUIRED ELEMENTS.—A State ac18 tion agenda shall— 

19 ‘‘(i) include strategies to address 

20 broad-based and long-term needs while fo21 cusing on actions that can be funded dur22 ing the 5-year period covered by the State 

23 action agenda; 

24 ‘‘(ii) take into account all providers of 

25 conservation and recreation land in each 
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1 State, including Federal, regional, and 

2 local government resources; 

3 ‘‘(iii) include the name of the State 

4 agency that will have authority to rep5 resent and act for the State in dealing with 

6 the Secretary for the purposes of this Act; 

7 ‘‘(iv) describe the priorities and cri8 teria for selection of outdoor recreation 

9 and conservation acquisition and develop10 ment projects; and 

11 ‘‘(v) include a certification by the 

12 Governor of the State that ample oppor13 tunity for public participation has been 

14 provided in the development of the State 

15 action agenda. 

16 ‘‘(C) UPDATE.—Each State action agenda 

17 shall be updated at least once every 5 years. 

18 ‘‘(D) CERTIFICATION.—The Governor shall 

19 certify that the public has participated in the 

20 development of the State action agenda. 

21 ‘‘(E) COORDINATION WITH OTHER

22 PLANS.— 

23 ‘‘(i) IN GENERAL.—The State action 

24 agenda shall be coordinated, to the max25 imum extent practicable, with other State, 
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1 regional, and local plans for parks, recre2 ation, open space, fish and wildlife, and 

3 wetland and other habitat conservation. 

4 ‘‘(ii) RECOVERY ACTION PROGRAMS.— 

5 ‘‘(I) IN GENERAL.—The State 

6 shall use recovery action programs de7 veloped by urban local governments 

8 under section 1007 of the Urban Park 

9 and Recreation Recovery Act of 1978 

10 (16 U.S.C. 2506) as a guide to the 

11 conclusions, priorities, and action 

12 schedules contained in the State ac13 tion agenda. 

14 ‘‘(II) REQUIREMENTS FOR LOCAL

15 PLANNING.—To minimize the redun16 dancy of local outdoor conservation 

17 and recreation efforts, each State 

18 shall provide that, to the maximum 

19 extent practicable, the findings, prior20 ities, and implementation schedules of 

21 recovery action programs may be used 

22 to meet requirements for local outdoor 

23 conservation and recreation planning 

24 that are conditions for grants under 

25 the State action agenda. 
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1 ‘‘(F) COMPREHENSIVE STATEWIDE OUT2 DOOR RECREATION PLAN.—A comprehensive 

3 statewide outdoor recreation plan developed by 

4 a State before the date that is 5 years after the 

5 date of enactment of this subparagraph shall 

6 remain in effect in the State until a State ac7 tion agenda is adopted under this paragraph, 

8 but not later than 5 years after the date of en9 actment of that Act.’’. 

10 (b) CONFORMING AMENDMENTS.— 

11 (1) Section 6(e) of the Land and Water Con12 servation Fund Act of 1965 (16 U.S.C. 460l–8(e)) 

13 is amended— 

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

15 by inserting ‘‘or State action agenda’’ after 

16 ‘‘State comprehensive plan’’; and 

17 (B) in paragraph (1), by inserting ‘‘or 

18 State action agenda’’ after ‘‘comprehensive 

19 plan’’. 

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

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

22 last proviso of the first paragraph by striking ‘‘exist23 ing comprehensive statewide outdoor recreation plan 

24 found adequate for purposes of the Land and Water 

25 Conservation Fund Act of 1965 (78 Stat. 897)’’ and 
28 

•S 964 IS

1 inserting ‘‘comprehensive statewide outdoor recre2 ation plan or State action agenda required by sec3 tion 6 of the Land and Water Conservation Fund 

4 Act of 1965 (16 U.S.C. 460l–8)’’. 

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

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

7 by striking ‘‘comprehensive statewide outdoor recre8 ation plan prepared pursuant to the Land and 

9 Water Conservation Fund Act of 1965 (78 Stat. 

10 897)’’ and inserting ‘‘comprehensive statewide out11 door recreation plan or State action agenda required 

12 by section 6 of the Land and Water Conservation 

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

14 (4) Section 6(a) of the Federal Water Project 

15 Recreation Act (16 U.S.C. 460l–17(a)) is amended 

16 by striking ‘‘State comprehensive plan developed 

17 pursuant to subsection 5(d) of the Land and Water 

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

19 inserting ‘‘comprehensive statewide outdoor recre20 ation plan or State action agenda required by sec21 tion 6 of the Land and Water Conservation Fund 

22 Act of 1965 (16 U.S.C. 460l–8)’’. 

23 (5) Section 8(a) of the National Trails System 

24 Act (16 U.S.C. 1247(a)) is amended in the first sen25 tence— 
29 

•S 964 IS

1 (A) by inserting ‘‘or State action agendas’’ 

2 after ‘‘comprehensive statewide outdoor recre3 ation plans’’; and 

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

5 460l–4 et seq.)’’ after ‘‘Fund Act’’. 

6 (6) Section 11(a)(2) of the National Trails Sys7 tem Act (16 U.S.C. 1250(a)(2)) is amended by 

8 striking ‘‘(relating to the development of Statewide 

9 Comprehensive Outdoor Recreation Plans)’’ and in10 serting ‘‘(16 U.S.C. 460l–8)’’. 

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

12 Act (16 U.S.C. 1282) is amended— 

13 (A) in subsection (a)— 

14 (i) by inserting ‘‘or State action agen15 das’’ after ‘‘comprehensive statewide out16 door recreation plans’’; and 

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

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

19 and 

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

21 ‘‘(relating to the development of statewide com22 prehensive outdoor recreation plans)’’ and in23 serting ‘‘(16 U.S.C. 460l–8)’’. 

24 (8) Section 206(d) of title 23, United States 

25 Code, is amended— 
30 

•S 964 IS

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

2 ‘‘statewide comprehensive outdoor recreation 

3 plan required by the Land and Water Conserva4 tion Fund Act of 1965 (16 U.S.C. 460l–4 et 

5 seq.)’’ and inserting ‘‘comprehensive statewide 

6 outdoor recreation plan or State action agenda 

7 required by section 6 of the Land and Water 

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

9 460l–8)’’; and 

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

11 ‘‘statewide comprehensive outdoor recreation 

12 plan that is required by the Land and Water 

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

14 460l–4 et seq.)’’ and inserting ‘‘comprehensive 

15 statewide outdoor recreation plan or State ac16 tion agenda that is required by section 6 of the 

17 Land and Water Conservation Fund Act of 

18 1965 (16 U.S.C. 460l–8)’’. 

19 (9) Section 202(c)(9) of the Federal Land Pol20 icy and Management Act of 1976 (43 U.S.C. 

21 1712(c)(9)) is amended by striking ‘‘statewide out22 door recreation plans developed under the Act of 

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

24 inserting ‘‘comprehensive statewide outdoor recre25 ation plans or State action agendas required by sec-
31 

•S 964 IS

1 tion 6 of the Land and Water Conservation Fund 

2 Act of 1965 (16 U.S.C. 460l–8)’’. 

3 SEC. 303. ASSISTANCE TO STATES FOR OTHER PROJECTS. 

4 Section 6(e) of the Land and Water Conservation 

5 Fund Act of 1965 (16 U.S.C. 460l–8(e)) is amended— 

6 (1) in paragraph (1), by striking ‘‘, but not in7 cluding incidental costs relating to acquisition’’; and 

8 (2) in paragraph (2), by inserting before the 

9 colon the following: ‘‘or to enhance public safety in 

10 a designated park or recreation area’’. 

11 SEC. 304. CONVERSION OF PROPERTY TO OTHER USE. 

12 Section 6(f)(3) of the Land and Water Conservation 

13 Fund Act of 1965 (16 U.S.C. 460l–8(f)(3)) is amended— 

14 (1) by striking ‘‘(3) No property’’ and inserting 

15 the following: 

16 ‘‘(3) CONVERSION OF PROPERTY TO OTHER

17 USE.— 

18 ‘‘(A) IN GENERAL.—No property’’; and 

19 (2) by striking the second sentence and insert20 ing the following: 

21 ‘‘(B) REQUIREMENTS FOR APPROVAL.— 

22 The Secretary shall approve a conversion under 

23 subparagraph (A) if— 

24 ‘‘(i) the State demonstrates that there 

25 is no other prudent or feasible alternative; 
32 

•S 964 IS

1 ‘‘(ii) the property no longer meets the 

2 criteria in the comprehensive statewide 

3 outdoor recreation plan or State action 

4 agenda for an outdoor conservation and 

5 recreation facility because of changes in 

6 demographics; or 

7 ‘‘(iii) the property must be abandoned 

8 because of environmental contamination 

9 that endangers public health or safety. 

10 ‘‘(C) CONDITIONS.—A conversion under 

11 subparagraph (A) shall satisfy any conditions 

12 that the Secretary determines to be necessary 

13 to ensure the substitution of other conservation 

14 or recreation property that is— 

15 ‘‘(i) of at least equal fair market 

16 value; 

17 ‘‘(ii) of reasonably equivalent useful18 ness and location; and 

19 ‘‘(iii) consistent with the comprehen20 sive statewide outdoor recreation plan or 

21 State action agenda.’’. 

22 SEC. 305. WATER RIGHTS. 

23 Title I of the Land and Water Conservation Fund 

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

25 adding at the end the following: 
33 

•S 964 IS

1 ‘‘SEC. 14. WATER RIGHTS. 

2 ‘‘Nothing in this title— 

3 ‘‘(1) invalidates, preempts, or modifies any Fed4 eral or State water law or an interstate compact re5 lating to water, including water quality and disposal; 

6 ‘‘(2) alters the rights of any State to an appro7 priated share of the water of any body of surface 

8 water or groundwater, as established by interstate 

9 compacts entered into, legislation enacted, or final 

10 judicial allocations adjudicated before, on, or after 

11 the date of enactment of this Act; or 

12 ‘‘(3) confers on any non-Federal entity the abil13 ity to exercise any Federal right to the waters of any 

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

15 TITLE IV—CONSERVATION AND 

16 RESTORATION OF WILDLIFE 

17 SEC. 401. PURPOSES. 

18 The purposes of this title are— 

19 (1) to ensure adequate funding of the program 

20 established under the amendments to the Pittman21 Robertson Wildlife Restoration Act (16 U.S.C. 669 

22 et seq.) enacted by title IX of H.R. 5548 of the 

23 106th Congress, as enacted by section 1(a)(2) of 

24 Public Law 106–553 (114 Stat. 2762, 2762A–118); 

25 and 
34 

•S 964 IS

1 (2) to ensure the conservation and sustain2 ability of fish and wildlife to provide and promote 

3 greater hunting, angling, and wildlife viewing oppor4 tunities. 

5 SEC. 402. DEFINITIONS. 

6 Section 2 of the Pittman-Robertson Wildlife Restora7 tion Act (16 U.S.C. 669a) is amended— 

8 (1) by redesignating paragraphs (1), (2), (3), 

9 (4), (5), (6), (7), and (8) as paragraphs (2), (4), 

10 (5), (6), (7), (8), (9), and (10), respectively; 

11 (2) by inserting before paragraph (2) (as redes12 ignated by paragraph (1)) the following: 

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

14 Wildlife Conservation and Restoration Account es15 tablished by section 3(a)(2).’’; 

16 (3) by inserting after paragraph (2) (as redesig17 nated by paragraph (1)) the following: 

18 ‘‘(3) INDIAN TRIBE.—The term ‘Indian tribe’— 

19 ‘‘(A) in the case of the State of Alaska, 

20 means a Native corporation (as defined in sec21 tion 3 of the Alaska Native Claims Settlement 

22 Act (43 U.S.C. 1602)); and 

23 ‘‘(B) in the case of any other State, has 

24 the meaning given the term in section 4 of the 
35 

•S 964 IS

1 Indian Self-Determination and Education As2 sistance Act (25 U.S.C. 450b).’’; 

3 (4) in paragraph (6) (as redesignated by para4 graph (1)), by striking ‘‘including fish’’ and insert5 ing ‘‘(including, for purposes of section 4(d), fish)’’; 

6 and 

7 (5) in paragraph (10) (as redesignated by para8 graph (1)), by striking ‘‘includes the wildlife con9 servation and restoration program and’’. 

10 SEC. 403. WILDLIFE CONSERVATION AND RESTORATION 

11 ACCOUNT. 

12 Section 3 of the Pittman-Robertson Wildlife Restora13 tion Act (16 U.S.C. 669b) is amended— 

14 (1) by striking ‘‘SEC. 3. (a)(1) An’’ and insert15 ing the following: 

16 ‘‘SEC. 3. FEDERAL AID TO WILDLIFE RESTORATION FUND. 

17 ‘‘(a) IN GENERAL.— 

18 ‘‘(1) FEDERAL AID TO WILDLIFE RESTORATION

19 FUND.—An’’; and 

20 (2) in subsection (a)— 

21 (A) in paragraph (1), by striking ‘‘Federal 

22 aid to wildlife restoration fund’’ and inserting 

23 ‘‘Federal Aid to Wildlife Restoration Fund’’; 

24 and 
36 

•S 964 IS

1 (B) by striking paragraph (2) and insert2 ing the following: 

3 ‘‘(2) WILDLIFE CONSERVATION AND RESTORA4 TION ACCOUNT.— 

5 ‘‘(A) ESTABLISHMENT.—There is estab6 lished in the fund a subaccount to be known as 

7 the ‘Wildlife Conservation and Restoration Ac8 count’. 

9 ‘‘(B) FUNDING.—Amounts transferred to 

10 the fund for a fiscal year under section 9(b)(3) 

11 of the Outer Continental Shelf Lands Act— 

12 ‘‘(i) shall be deposited in the Account; 

13 and 

14 ‘‘(ii) shall be available, without fur15 ther appropriation, to carry out State wild16 life conservation and restoration programs 

17 under section 4(d).’’. 

18 SEC. 404. APPORTIONMENT TO INDIAN TRIBES. 

19 (a) IN GENERAL.—Section 4 of the Pittman-Robert20 son Wildlife Restoration Act (16 U.S.C. 669c) is amend21 ed— 

22 (1) by redesignating the first subsection (c) as 

23 subsection (e); and 

24 (2) in subsection (c), by striking paragraph (1) 

25 and inserting the following: 
37 

•S 964 IS

1 ‘‘(1) APPORTIONMENT TO DISTRICT OF COLUM2 BIA, PUERTO RICO, TERRITORIES, AND INDIAN

3 TRIBES.— 

4 ‘‘(A) IN GENERAL.—Subject to subpara5 graph (B), for each fiscal year, the Secretary 

6 shall apportion from amounts available in the 

7 Account for the fiscal year— 

8 ‘‘(i) to each of the District of Colum9 bia and the Commonwealth of Puerto Rico, 

10 an amount equal to not more than 1/2 of 

11 1 percent of amounts available in the Ac12 count; 

13 ‘‘(ii) to each of Guam, American 

14 Samoa, the Commonwealth of the North15 ern Mariana Islands, and the United 

16 States Virgin Islands, a sum equal to not 

more than 1 17 ⁄4 of 1 percent of amounts 

18 available in the Account; and 

19 ‘‘(iii) to Indian tribes, an amount 

equal to not more than 21 20 ⁄4 percent of 

21 amounts available in the Account, of 

22 which— 

‘‘(I) 1 23 ⁄3 shall be apportioned 

24 based on the ratio that the trust land 

25 area of each Indian tribe bears to the 
38 

•S 964 IS

1 total trust land area of all Indian 

2 tribes; and 

‘‘(II) 2 3 ⁄3 shall be apportioned 

4 based on the ratio that the population 

5 of each Indian tribe bears to the total 

6 population of all Indian tribes. 

7 ‘‘(B) MAXIMUM APPORTIONMENT TO IN8 DIAN TRIBES.—For each fiscal year, the 

9 amounts apportioned under subparagraph 

10 (A)(iii) shall be adjusted proportionately so that 

11 no Indian tribe is apportioned a sum that is 

12 more than 5 percent of the amount available for 

13 apportionment under subparagraph (A)(iii) for 

14 the fiscal year.’’. 

15 (b) CONFORMING AMENDMENTS.— 

16 (1) Section 3(c)(2) of the Pittman-Robertson 

17 Wildlife Restoration Act (16 U.S.C. 669b(c)(2)) is 

18 amended by striking ‘‘sections 4(d) and (e) of this 

19 Act’’ and inserting ‘‘subsection (c) and (d) of section 

20 4’’. 

21 (2) Section 4(b) of the Pittman-Robertson 

22 Wildlife Restoration Act (16 U.S.C. 669c(b)) is 

23 amended by striking ‘‘subsection (c)’’ and inserting 

24 ‘‘subsection (e)’’. 
39 

•S 964 IS

1 (3) Section 4(d) of the Pittman-Robertson 

2 Wildlife Restoration Act (16 U.S.C. 669c(d)) is 

3 amended— 

4 (A) in paragraph (1)— 

5 (i) in subparagraph (A), by redesig6 nating clauses (i), (ii), and (iii) as sub7 clauses (I), (II), and (III), respectively, 

8 and indenting the subclauses appropriately; 

9 (ii) by redesignating subparagraphs 

10 (A), (B), and (C) as clauses (i), (ii), and 

11 (iii), respectively, and indenting the clauses 

12 appropriately; and 

13 (iii) by striking ‘‘(1) Any State’’ and 

14 inserting the following: 

15 ‘‘(1) REQUIREMENTS.— 

16 ‘‘(A) IN GENERAL.—Any State’’; 

17 (iv) by striking ‘‘To apply’’ and in18 serting the following: 

19 ‘‘(B) PLAN.—To apply’’; 

20 (v) in subparagraph (A) (as des21 ignated by clause (iii))— 

22 (I) by inserting ‘‘or Indian tribe’’ 

23 before ‘‘may apply’’; and 

24 (II) by striking ‘‘develop a pro25 gram’’ and inserting the following: 
40 

•S 964 IS

1 ‘‘develop a program for the conserva2 tion and restoration of species of wild3 life identified by the State’’; 

4 (vi) in subparagraph (B) (as des5 ignated by clause (iv))— 

6 (I) in the matter preceding clause 

7 (i) (as redesignated by clause (ii)), by 

8 inserting ‘‘or Indian tribe’’ before 

9 ‘‘shall submit’’; and 

10 (II) in clause (i) (as redesignated 

11 by clause (ii)), by inserting ‘‘or Indian 

12 tribe’’ after ‘‘State’’; 

13 (vii) by redesignating subparagraph 

14 (D) as subparagraph (C); and 

15 (viii) in subparagraph (C) (as redesig16 nated by clause (vii))— 

17 (I) in the matter preceding clause 

18 (i), by inserting ‘‘a State or Indian 

19 tribe shall’’ before ‘‘develop and 

20 begin’’; 

21 (II) in clause (i), by inserting ‘‘or 

22 Indian tribe’’ before ‘‘deems appro23 priate’’; 
41 

•S 964 IS

1 (III) in clauses (ii), (iii), (iv), and 

2 (vii), by striking ‘‘paragraph (1)’’ and 

3 inserting ‘‘subparagraph (A)’’; 

4 (IV) in clause (vi)— 

5 (aa) by striking ‘‘State wild6 life conservation strategy’’ and 

7 inserting ‘‘wildlife conservation 

8 strategy of the State or Indian 

9 tribe’’; and 

10 (bb) by striking the semi11 colon at the end and inserting ‘‘; 

12 and’’; and 

13 (V) in clause (vii), by inserting 

14 ‘‘by’’ after ‘‘feasible’’; 

15 (B) in paragraph (2), by inserting ‘‘or In16 dian tribe’’ after ‘‘State’’; 

17 (C) in paragraph (3), by inserting ‘‘or In18 dian tribe’’ after ‘‘State’’ each place it appears; 

19 and 

20 (D) in paragraph (4)— 

21 (i) in subparagraph (A), by striking 

22 ‘‘State’s wildlife conservation and restora23 tion program’’ each place it appears and 

24 inserting ‘‘wildlife conservation and res-
42 

•S 964 IS

1 toration program of a State or Indian 

2 tribe’’; and 

3 (ii) in subparagraph (B)— 

4 (I) by inserting ‘‘or Indian tribe’’ 

5 after ‘‘each State’’; and 

6 (II) by striking ‘‘State’s wildlife 

7 conservation and restoration pro8 gram’’ and inserting ‘‘wildlife con9 servation and restoration program of 

10 a State or Indian tribe’’. 

11 (4) Section 8(b) of the Pittman-Robertson 

12 Wildlife Restoration Act (16 U.S.C. 669g(b)) is 

13 amended by striking ‘‘section 4(c)’’ and inserting 

14 ‘‘section 4(e)’’. 

15 (5) Section 10 of the Pittman-Robertson Wild16 life Restoration Act (16 U.S.C. 669h–1) is amend17 ed— 

18 (A) in subsection (a)(1)— 

19 (i) in subparagraph (A), by inserting 

20 ‘‘or obligated’’ after ‘‘used’’; and 

21 (ii) in subparagraph (B), by inserting 

22 ‘‘or obligated’’ after ‘‘used’’; and 

23 (B) by striking ‘‘section 4(c)’’ each place it 

24 appears and inserting ‘‘section 4(e)’’. 
43 

•S 964 IS

1 SEC. 405. NO EFFECT ON PRIOR APPROPRIATIONS. 

2 Nothing in this title or any amendment made by this 

3 title applies to or otherwise affects the availability or use 

4 of any amounts appropriated before the date of enactment 

5 of this Act. 

6 TITLE V—URBAN PARK AND 

7 RECREATION RECOVERY 

8 PROGRAM 

9 SEC. 501. EXPANSION OF PURPOSE OF URBAN PARK AND 

10 RECREATION RECOVERY ACT OF 1978 TO IN11 CLUDE DEVELOPMENT OF NEW AREAS AND 

12 FACILITIES. 

13 Section 1003 of the Urban Park and Recreation Re14 covery Act of 1978 (16 U.S.C. 2502) is amended in the 

15 first sentence by striking ‘‘recreation areas, facilities,’’ and 

16 inserting ‘‘recreation areas and facilities, the development 

17 of new recreation areas and facilities (including acquisi18 tion of land for that development),’’. 

19 SEC. 502. DEFINITIONS. 

20 Section 1004 of the Urban Park and Recreation Re21 covery Act of 1978 (16 U.S.C. 2503) is amended— 

22 (1) by striking ‘‘When used in this title the 

23 term—’’ and inserting ‘‘In this title:’’; 

24 (2) by redesignating paragraphs (1), (2), and 

25 (3) of subsection (d) as subparagraphs (A), (B), and 

26 (C), respectively, and indenting appropriately; 
44 

•S 964 IS

1 (3) by redesignating subsections (a), (b), (c), 

2 (d), (e), (f), (g), (h), (i), (j), and (k) as paragraphs 

3 (9), (10), (4), (1), (8), (6), (3), (12), (7), (13), and 

4 (5), respectively, and moving the paragraphs to ap5 pear in numerical order; 

6 (4) in each of paragraphs (1), (3), (4), (5), (6), 

7 (7), (8), (9), (10), (12), and (13) (as redesignated 

8 by paragraph (3))— 

9 (A)(i) by inserting ‘‘lllll.—The 

10 term’’ before the first quotation mark; and 

11 (ii) by inserting in the blank the term that 

12 is in quotations in each paragraph, respectively; 

13 and 

14 (B) by capitalizing the first letter of the 

15 term as inserted in the blank under subpara16 graph (A)(ii); 

17 (5) in each of paragraphs (1), (3), (4), (6), (7), 

18 (8), (9), (10), and (12) (as redesignated by para19 graph (3)), by striking the semicolon at the end and 

20 inserting a period; 

21 (6) in paragraph (13) (as redesignated by para22 graph (3)), by striking ‘‘; and’’ at the end and in23 serting a period; 

24 (7) by inserting after paragraph (1) (as redesig25 nated by paragraph (3)) the following: 
45 

•S 964 IS

1 ‘‘(2) DEVELOPMENT GRANT.— 

2 ‘‘(A) IN GENERAL.—The term ‘develop3 ment grant’ means a matching capital grant 

4 made to a unit of local government to cover 

5 costs of development, land acquisition, and con6 struction at 1 or more existing or new neighbor7 hood recreation sites (including indoor and out8 door recreational areas and facilities, support 

9 facilities, and landscaping). 

10 ‘‘(B) EXCLUSIONS.—The term ‘develop11 ment grant’ does not include a grant made to 

12 pay the costs of routine maintenance or upkeep 

13 activities.’’; 

14 (8) in paragraph (5) (as redesignated by para15 graph (3)), by inserting ‘‘the Commonwealth of’’ be16 fore ‘‘Northern Mariana Islands’’; and 

17 (9) by inserting after paragraph (10) (as redes18 ignated by paragraph (3)) the following: 

19 ‘‘(11) SECRETARY.—The term ‘Secretary’ 

20 means the Secretary of the Interior.’’. 

21 SEC. 503. ELIGIBILITY. 

22 Section 1005 of the Urban Park and Recreation Re23 covery Act of 1978 (16 U.S.C. 2504) is amended by strik24 ing subsection (a) and inserting the following: 

25 ‘‘(a) ELIGIBILITY FOR ASSISTANCE.— 
46 

•S 964 IS

1 ‘‘(1) DEFINITION OF GENERAL PURPOSE LOCAL

2 GOVERNMENT.—For the purpose of determining eli3 gibility for assistance under this title, the term ‘gen4 eral purpose local government’ includes— 

5 ‘‘(A) any political subdivision of a metro6 politan, primary, or consolidated statistical 

7 area, as determined by the most recent decen8 nial census; 

9 ‘‘(B) any other city, town, or group of 1 or 

10 more cities or towns within a metropolitan sta11 tistical area described in subparagraph (A) that 

12 has a total population of at least 50,000, as de13 termined by the most recent decennial census; 

14 and 

15 ‘‘(C) any other county, parish, or township 

16 with a total population of at least 250,000, as 

17 determined by the most recent decennial census. 

18 ‘‘(2) SELECTION.—The Secretary shall award 

19 assistance to general purpose local governments 

20 under this title on the basis of need, as determined 

21 by the Secretary.’’. 

22 SEC. 504. GRANTS. 

23 Section 1006(a) of the Urban Park and Recreation 

24 Recovery Act of 1978 (16 U.S.C. 2505(a)) is amended— 
47 

•S 964 IS

1 (1) in the first sentence, by striking ‘‘rehabilita2 tion and innovative’’; 

3 (2) in paragraph (1), by striking ‘‘rehabilitation 

4 and innovation’’; and 

5 (3) in paragraph (2), by striking ‘‘rehabilitation 

6 or innovative’’. 

7 SEC. 505. RECOVERY ACTION PROGRAMS. 

8 Section 1007(a) of the Urban Park and Recreation 

9 Recovery Act of 1978 (16 U.S.C. 2506(a)) is amended— 

10 (1) in the first sentence, by inserting ‘‘develop11 ment,’’ after ‘‘commitments to ongoing planning,’’; 

12 and 

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

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

15 SEC. 506. STATE ACTION INCENTIVES. 

16 Section 1008 of the Urban Park and Recreation Re17 covery Act of 1978 (16 U.S.C. 2507) is amended— 

18 (1) in the first sentence, by inserting ‘‘(a) IN

19 GENERAL.—’’ before ‘‘The Secretary is author20 ized’’; and 

21 (2) by striking the last sentence of subsection 

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

23 the following: 

24 ‘‘(b) COORDINATION WITH LAND AND WATER CON25 SERVATION FUND ACTIVITIES.— 
48 

•S 964 IS

1 ‘‘(1) IN GENERAL.—The Secretary and general 

2 purpose local governments are encouraged to coordi3 nate the preparation of recovery action programs re4 quired by this title with comprehensive statewide 

5 outdoor recreation plans or State action agendas re6 quired by section 6 of the Land and Water Con7 servation Fund Act of 1965 (16 U.S.C. 460l–8) (in8 cluding by allowing flexibility in preparation of re9 covery action programs so that those programs may 

10 be used to meet State and local qualifications for 

11 local receipt of grants under that Act or State 

12 grants for similar purposes or for other conservation 

13 or recreation purposes). 

14 ‘‘(2) CONSIDERATIONS.—The Secretary shall 

15 encourage States to consider the findings, priorities, 

16 strategies, and schedules included in the recovery ac17 tion programs of the urban localities of the States 

18 in preparation and updating of comprehensive state19 wide outdoor recreation plans or State action agen20 das in accordance with the public participation and 

21 citizen consultation requirements of section 6(d) of 

22 the Land and Water Conservation Fund Act of 1965 

23 (16 U.S.C. 460l–8(d)).’’. 
49 

•S 964 IS

1 SEC. 507. CONVERSION OF RECREATION PROPERTY. 

2 Section 1010 of the Urban Park and Recreation Re3 covery Act of 1978 (16 U.S.C. 2509) is amended to read 

4 as follows: 

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

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

7 (b), no property developed, acquired, improved, or rehabili8 tated using funds from a grant under this title shall, with9 out the approval of the Secretary, be converted to any pur10 pose other than a public recreation purpose. 

11 ‘‘(b) APPROVAL.— 

12 ‘‘(1) IN GENERAL.—The Secretary shall ap13 prove the conversion of property under subsection 

14 (a) to a purpose other than a public recreation pur15 pose only if the grant recipient demonstrates that no 

16 prudent or feasible alternative exists. 

17 ‘‘(2) APPLICABILITY.—Paragraph (1) applies to 

18 property that— 

19 ‘‘(A) is no longer viable for use as a recre20 ation facility because of changes in demo21 graphics; or 

22 ‘‘(B) must be abandoned because of envi23 ronmental contamination or any other condition 

24 that endangers public health or safety. 

25 ‘‘(c) CONDITIONS.—Any conversion of property under 

26 this section shall satisfy such conditions as the Secretary 
50 

•S 964 IS

1 considers necessary to ensure the substitution for the 

2 property of other recreation property that is— 

3 ‘‘(1) at a minimum, equivalent in fair market 

4 value, usefulness, and location; and 

5 ‘‘(2) subject to the recreation recovery action 

6 program of the grant recipient that is in effect as 

7 of the date of the conversion of the property.’’. 

8 SEC. 508. TREATMENT OF TRANSFERRED AMOUNTS. 

9 Section 1013 of the Urban Park and Recreation Re10 covery Act of 1978 (16 U.S.C. 2512) is amended to read 

11 as follows: 

12 ‘‘SEC. 1013. FUNDING. 

13 ‘‘(a) TREATMENT OF AMOUNTS TRANSFERRED

14 FROM GET OUTDOORS ACT FUND.— 

15 ‘‘(1) IN GENERAL.—Amounts transferred to the 

16 Secretary under section 9(b)(4) of the Outer Conti17 nental Shelf Lands Act (43 U.S.C. 1338(b)(4)) for 

18 a fiscal year shall be available to the Secretary, with19 out further appropriation, to carry out this title. 

20 ‘‘(2) UNPAID AND UNOBLIGATED AMOUNTS.— 

21 Any amount described in paragraph (1) that is not 

22 paid or obligated by the Secretary before the end of 

23 the second fiscal year beginning after the first fiscal 

24 year in which the amount is made available under 
51 

•S 964 IS

1 paragraph (1) shall be reapportioned by the Sec2 retary among grant recipients under this title. 

3 ‘‘(b) DEDUCTION FOR ADMINISTRATIVE EX4 PENSES.—For each fiscal year, the Secretary may deduct, 

5 for payment of administrative expenses incurred by the 

6 Secretary in carrying out this section, not more than 4 

7 percent of the amounts made available to the Secretary 

8 for the fiscal year under subsection (a). 

9 ‘‘(c) LIMITATIONS ON ANNUAL GRANTS.—After mak10 ing the deduction under subsection (b), of the amounts 

11 made available for a fiscal year under subsection (a)— 

12 ‘‘(1) not more than 10 percent may be used for 

13 innovation grants under section 1006; 

14 ‘‘(2) not more than 3 percent may be used for 

15 grants for the development of local park and recre16 ation recovery action programs under subsections (a) 

17 and (c) of section 1007; and 

18 ‘‘(3) not more than 15 percent, in the aggre19 gate, may be provided in the form of grants for 

20 projects in any 1 State. 

21 ‘‘(d) LIMITATION ON USE FOR GRANT ADMINISTRA22 TION.—The Secretary shall establish a limit on the per23 centage, not to exceed 25 percent, of any grant under this 

24 title that may be used for grant and program administra25 tion.’’. 
52 

•S 964 IS

1 SEC. 509. REPEAL. 

2 Sections 1014 and 1015 of the Urban Park and 

3 Recreation Recovery Act of 1978 (16 U.S.C. 2513, 2514) 

4 are repealed. 

Æ