I

103D CONGRESS

1ST SESSION H. R. 1749

To amend the Land and Water Conservation Fund Act of 1965 to increase

the ability of State and local governments to protect and enhance open

spaces, enhance the capability of State and local governments to provide

recreational opportunities, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

APRIL 20, 1993

Mr. SMITH of New Jersey (for himself, Mr. HUFFINGTON, Mr. ROBERTS, Mr.

RAVENAL, Mr. LAROCCO, Mrs. MINK, Mr. SENSENBRENNER, Mr.

SERRANO, Mr. PALLONE, Mr. HUGHES, Mr. TORRICELLI, Mr.

MACHTLEY, and Mr. MARKEY) introduced the following bill; which was

referred to the Committee on Natural Resources

A BILL

To amend the Land and Water Conservation Fund Act of

1965 to increase the ability of State and local governments to protect and enhance open spaces, enhance the

capability of State and local governments to provide recreational opportunities, 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,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Community Enhance5 ment Act of 1993’’.
2

•HR 1749 IH

1 SEC. 2. FINDINGS AND PURPOSE.

2 (a) FINDINGS.—The Congress finds that—

3 (1) the population of the United States contin4 ues to expand and the availability of open space con5 tinues to decrease in many regions of the Nation, es6 pecially near large metropolitan areas;

7 (2) State governments and local communities

8 are increasingly hard-pressed to provide adequate

9 funding for recreation;

10 (3) State governments and local communities

11 have not received funding as intended under the

12 original Land and Water Conservation Fund Act in

13 which 60 percent of appropriated funds was ex14 pected to be dedicated to State and local purposes;

15 (4) the recreation and open space needs of

16 State governments and local communities have

17 changed and now represent a more dynamic and

18 fluid environment that requires greater flexibility in

19 the ways in which Federal funds can be used by the

20 States and communities;

21 (5) absent a secure base of funding, State and

22 local budgets are inadequate under current economic

23 circumstances to support the existing outdoor recre24 ation infrastructure established by such Act or to ex25 pand State and local recreational resources to meet

26 the population increases and changing demographic
3

•HR 1749 IH

1 configurations of citizens seeking outdoor recreation

2 opportunities;

3 (6) the States have not received an equitable

4 proportion of funding sufficient for their outdoor

5 recreation purposes as Congress intended in order to

6 encourage State and local action consistent with the

7 State’s pivotal role in providing public outdoor recre8 ation;

9 (7) the public is increasingly supportive of link10 ing the protection of natural, historic, and cultural

11 resources;

12 (8) in addition to the benefits of outdoor recre13 ation on public health that are recognized by the

14 Land and Water Conservation Fund Act of 1965

15 (16 U.S.C. 460l–4 and following), outdoor recreation

16 and the availability of open space within urban areas

17 are effective in lowering vandalism and juvenile

18 crime, and provide healthy environments for public

19 accommodation, enjoyment, and exercise;

20 (9) urban and land use planners urgently rec21 ommend the increased use of ‘‘green spaces’’ in ur22 banized areas in order to mitigate environmental

23 and population impacts and protect surface and sub24 surface waters and wetlands that occur in or near

25 large populated areas; and
4

•HR 1749 IH

1 (10) the population of the United States contin2 ues to expand and the availability of open space con3 tinues to decrease in many regions of the United

4 States, especially near large metropolitan areas.

5 (b) PURPOSE.—It is the purpose of this Act to in6 crease assistance to States, local governments, and private

7 nonprofit organizations to carry out measures to protect

8 and preserve the recreational, environmental, natural, sce9 nic, historic, and cultural resources of areas of local, State,

10 regional, and interstate significance, for the benefit of

11 present and future generations of Americans.

12 SEC. 3. FINANCIAL ASSISTANCE TO STATES.

13 (a) STATE SHARE.—Section 5 of the Land and

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

15 7) is amended—

16 (1) by inserting ‘‘(a)’’ before ‘‘ALLOCA17 TION.—’’; and

18 (2) by adding the following new subsection at

19 the end thereof:

20 ‘‘(b) STATE ALLOCATION.—(1) Except as provided in

21 paragraph (2), for the fiscal year 1994 and thereafter not

22 less than the following percentage of appropriations from

23 the fund shall be available for purposes of providing finan24 cial assistance to States under section 6:
5

•HR 1749 IH

Minimum Allocation for

Fiscal Year Assistance to States

1994 .................................................................................. 30 percent

1995 .................................................................................. 40 percent

1996 and thereafter .......................................................... 50 percent’’.

1 ‘‘(2) Paragraph (1) shall be applicable in fiscal year

2 1993 and thereafter only to the extent that compliance

3 with such paragraph does not have the effect of reducing

4 the amount of funds appropriated for Federal purposes

5 under section 7 in the fiscal year concerned below the total

6 amount appropriated for Federal purposes under section

7 7 in fiscal year 1992.’’.

8 (b) USES OF STATE ASSISTANCE.—Section 6 of the

9 Land and Water Conservation Fund Act of 1965 (16

10 U.S.C. 460l–8) is amended as follows:

11 (1) MATCHING REQUIREMENTS.—In the first

12 sentence of subsection (c), by striking out the period

13 and inserting in lieu thereof the following: ‘‘, except

14 as otherwise provided in this subsection and sub15 section (h). Payments to States may cover not more

16 than 75 percent of the cost of acquisition of lands,

17 waters, and interests therein which (1) are within

18 the boundaries of units of the Wild and Scenic Riv19 ers System, (2) are within designated corridors of

20 scenic or historic trail components of the National

21 Trails System, or (3) are necessary or appropriate to

22 protect national historic landmarks or national natu23 ral landmarks. Payments to States may also cover
6

•HR 1749 IH

1 not more than 75 percent of the cost of revising

2 comprehensive State outdoor recreation plans to con3 form to the requirements of subsection (d)(2).’’.

4 (2) PRIVATE NONPROFIT ORGANIZATIONS.—In

5 paragraph (2) of subsection (f), by striking out the

6 period at the end thereof and inserting the following:

7 ‘‘or to a qualified nonprofit organization, if such pri8 vate nonprofit organizations (A) meet and comply

9 with such guidelines for the receipt and use of such

10 funds as may be prescribed by the Secretary, includ11 ing providing full accountability for the use of such

12 funds, and (B) utilize such funds only in association

13 with the acquisition of lands, the development of fa14 cilities, or for programs related to planning and co15 ordination functions, all as approved in writing by

16 the funds grantor. Funds may also be transferred

17 from political subdivisions or other appropriate pub18 lic agencies to qualified nonprofit organizations. No

19 such funds may be used by a private nonprofit orga20 nization for administrative expenses. In the case of

21 funds used for acquisition, the recipient organization

22 shall itself hold, or shall convey in perpetuity in a

23 timely manner, such interest as it may have to an

24 appropriate recipient, as determined by the funds

25 grantor, for public benefit. For purposes of this
7

•HR 1749 IH

1 paragraph, the term ‘qualified nonprofit organiza2 tion’ means an organization qualified for exemption

3 from income taxes under section 501(c)(3) of the In4 ternal Revenue Code of 1986 which includes among

5 its purposes the conservation of open space or the

6 providing of, or enhancement or protection of, out7 door recreation opportunities.’’.

8 (3) DEVELOPMENT FUNDS.—Strike out the

9 colon and all that follows in subsection (e)(2) and

10 insert a period and the following: ‘‘For purposes of

11 this Act, the term ‘outdoor recreation facilities’ may

12 include sheltered facilities. Not more than 10 per13 cent of the total amount allocated to any State

14 under subsection (b) in any one fiscal year may be

15 used for development of sheltered facilities and for

16 non-routine maintenance of any facilities acquired

17 and developed with financial assistance under this

18 section. Nothing in the preceding sentence shall be

19 construed to authorize the use of funds provided

20 under this section for any other maintenance.’’.

21 (4) ADDITIONAL PROVISIONS.—Add the follow22 ing new subsection at the end thereof:

23 ‘‘(h) LOCAL PLANNING ASSISTANCE.—Notwithstand24 ing the provisions of subsection (c), any county or other

25 political subdivision of a State which is qualified to be a
8

•HR 1749 IH

1 recipient of funds allocated to the States from this Act

2 for acquisition purposes, may receive funds to cover not

3 more than 50 percent of the cost of developing a local

4 plan, or revising an existing plan, to retain land for recre5 ation and open space preservation purposes. Such plan

6 shall address specific needs and priorities for land con7 servation and recreation development. Such plan shall be

8 developed or revised by providing ample opportunity for

9 public participation in accordance with the provisions of

10 subsection (d). Following official adoption of such plan

11 and through September 30, 1997, such county or other

12 governmental entity may receive funds to cover not more

13 than 60 percent of the cost of the acquisition of lands,

14 waters or interests therein in accordance with the provi15 sions of such officially adopted plan.’’.

16 (5) INDIAN TRIBES AND ALASKA NATIVE VIL17 LAGE CORPORATIONS.—In paragraph (5) of sub18 section (b), by inserting ‘‘(A)’’ after ‘‘(5)’’ and by

19 adding the following at the end thereof:

20 ‘‘(B)(i) For purposes of paragraph (1), feder21 ally recognized Indian tribes and Alaska Native Vil22 lage Corporations (as defined in section 3(j) of the

23 Alaska Native Claims Settlement Act (43 U.S.C.

24 1602(j)) shall be treated collectively as one State

25 and shall receive shares of the apportionment under
9

•HR 1749 IH

1 paragraph (1) in accordance with a competitive

2 grant program established by the Secretary by rule.

3 Such rule shall assure that no single tribe or village

4 corporation receives funds under such program in

5 any fiscal year which exceeds 10 percent of the total

6 amount made available in that fiscal year to all

7 tribes and village corporations pursuant to the ap8 portionment under paragraph (1). Funds received by

9 an Indian tribe or village corporation under this sub10 paragraph may be expended only for the purposes

11 specified in subsection (a) (1) and (3).

12 ‘‘(ii) In each fiscal year, in lieu of receiving

13 funds under clause (i), a tribe or Village Corporation

14 may establish, by written agreement with the State

15 in which the tribe or Corporation is located, the

16 right of the tribe or Village Corporation to compete

17 for a portion of the funds made available to the

18 State pursuant to this section. Any tribe or corpora19 tion which enters into an agreement under this

20 clause shall not be included as part of the collective

21 allocation under clause (i) or within the 10 percent

22 limitation referred to in clause (i). Each State’s

23 comprehensive statewide outdoor recreation plan

24 shall describe any agreement entered into pursuant

25 to this clause.’’.
10

•HR 1749 IH

1 SEC. 4. STATEWIDE COMPREHENSIVE OUTDOOR RECRE2 ATION PLANS.

3 Section 6(d) of the Land and Water Conservation

4 Fund Act of 1965 (16 U.S.C. 460l–8(d)) is amended by

5 inserting ‘‘(1)’’ immediately after the subsection heading,

6 by redesignating paragraphs (1), (2), (3) and (4) as sub7 paragraphs (A), (B), (C), and (D), respectively, and by

8 adding the following at the end thereof:

9 ‘‘(2) For fiscal year 1995 and thereafter, each state10 wide outdoor recreation plan shall contain each of the

11 following:

12 ‘‘(A) A brief description of Federal and State

13 activities that adversely affect open space and rec14 reational resources in the State.

15 ‘‘(B) A brief and concise evaluation of the ex16 tent, in general, to which local zoning or the lack of

17 zoning contributes to degradation of State and local

18 projects funded with assistance provided under this

19 Act.’’.

20 SEC. 5. OPEN SPACE PRESERVATION.

21 The Land and Water Conservation Fund Act of 1965

22 (16 U.S.C. 460l–4 and following) is amended by adding

23 the following new title at the end thereof:
11

•HR 1749 IH

1 ‘‘TITLE III—OPEN SPACE

2 PRESERVATION

3 ‘‘SEC. 301. ESTABLISHMENT.

4 ‘‘There is hereby established a program to provide

5 Federal assistance to States, counties, municipalities, re6 gional or interstate governments, or an agency thereof,

7 private nonprofit organizations, or any combination there8 of, to carry out programs and projects to provide public

9 benefit through the protection or establishment of the

10 following:

11 ‘‘(1) Greenways, which shall be linear parks or

12 open spaces linking natural and cultural features

13 within or near metropolitan areas. Such linear open

14 spaces may be established along a natural or other

15 existing corridor. Such linked strip or linear parks

16 designated as parkways or greenbelts shall provide

17 for outdoor recreation and may additionally provide

18 natural or landscaped alternative transportation

19 routes, wildlife habitat, improvement of air and

20 water quality, increased flood control, and other at21 tributes of open space important to human health

22 and welfare.

23 ‘‘(2) Urban Open Space Preserves, which shall

24 be open spaces with natural, rural, or agricultural

25 character within large metropolitan areas. Such des-
12

•HR 1749 IH

1 ignated open spaces shall provide recreational oppor2 tunities and may additionally increase social, aes3 thetic, and environmental qualities of neighborhoods

4 and communities, and may provide wildlife habitat,

5 and migration corridors, improve air quality, in6 crease protection from floods and other natural haz7 ards, conserve agricultural or forest resources, create

8 community buffers or enable the maintenance of

9 other attributes of open space important to human

10 health and welfare.

11 ‘‘SEC. 302. STUDIES.

12 ‘‘(a) GENERAL AUTHORITY.—Pursuant to an author13 ization by Act of Congress, the Secretary of the Interior,

14 or the Secretary of the Interior in cooperation with the

15 Secretary of Agriculture, shall carry out such studies

16 under this section as are hereafter authorized by the Con17 gress for the purpose of evaluating the extent to which

18 Federal assistance under section 303 for areas specified

19 in any such congressional authorization would further the

20 objectives specified in paragraph (1) or (2) of section 301

21 as well as whether such assistance would—

22 ‘‘(1) maximize cooperation between govern23 mental and private entities;

24 ‘‘(2) permit or enhance the linking of other ex25 isting or potential open space units; and
13

•HR 1749 IH

1 ‘‘(3) demonstrate the values of open space and

2 reduce the social and economic pressures threatening

3 the continued availability of open space resources.

4 A study under this section shall be carried out by the Sec5 retary in consultation with interested local, State, and

6 interstate agencies, public and private organizations, and

7 concerned landowners and land users. The Secretary shall

8 have authority to contract with an appropriate State

9 agency to conduct such studies.

10 ‘‘(b) ITEMS INCLUDED IN STUDY.—Each study of an

11 area pursuant to this section shall include each of the

12 following:

13 ‘‘(1) A map of the study area.

14 ‘‘(2) A statement of or strategy for developing

15 a statement of goals and policies to guide the future

16 of the area under study.

17 ‘‘(3) A description of the characteristics of the

18 area which make the proposed area worthy of assist19 ance under section 303. Such description shall in20 clude a summary of any comments submitted by any

21 government agency, public or private organization,

22 or affected landowner or land user.

23 ‘‘(4) An analysis of the current status of public

24 and private land ownership and an analysis of cur25 rent public and private land use within the area, in-
14

•HR 1749 IH

1 cluding an assessment of the attitudes of landowners

2 and local officials toward present and future uses of

3 the study area.

4 ‘‘(5) An analysis of measures which have been

5 or may be taken by Federal, State, and local govern6 ments, and by all other private and public entities

7 to protect, preserve, and enhance, the recreational,

8 environmental, natural, aesthetic, historic, and cul9 tural values of the area, and the associated costs.

10 ‘‘(6) An analysis of economic and social benefits

11 and costs which may result from current and alter12 native land use scenarios.

13 ‘‘(7) A public involvement plan.

14 ‘‘(8) A strategy for identifying sources of reve15 nues and assistance to aid in the future manage16 ment or protection of the area.

17 ‘‘(c) SUBMISSION TO CONGRESS; OTHER STUDIES.—

18 Upon his completion of any study carried out by the Sec19 retary under this section, the Secretary shall submit such

20 study to Congress. Any study initiated and conducted by

21 any State or local government or by any nonprofit organi22 zation regarding the preservation of an open space area

23 referred to in section 301 may be submitted to the Sec24 retary in lieu of a study conducted by the Secretary. Un25 less the Secretary finds, after notice and public hearing,
15

•HR 1749 IH

1 that such study has not been carried out in consultation

2 with interested local, State, and interstate agencies, public

3 and private organizations, and landowners and land users

4 concerned or that the study is not generally consistent

5 with subsections (a) and (b) of this section, the Secretary

6 shall submit such study to the Congress, together with any

7 comments which the Secretary deems appropriate within

8 6 months after his receipt thereof.

9 ‘‘SEC. 303. OPEN SPACE PROTECTION ASSISTANCE.

10 ‘‘(a) IN GENERAL.—Following receipt of a study sub11 mitted under section 302 regarding the need for Federal

12 financial assistance to preserve and protect any open space

13 area described in section 301 the Congress may authorize

14 appropriations to the Secretary of the Interior to be ex15 pended by the Secretary or by the Secretary in cooperation

16 with the Secretary of Agriculture to provide assistance in

17 the form of grants to States, counties, municipalities, re18 gional or interstate governments, or an agency thereof, or

19 private nonprofit organizations, or any combination there20 of, to carry out programs and projects designed to pre21 serve and protect such area.

22 ‘‘(b) PRIVATE NONPROFIT ORGANIZATIONS.—Fed23 eral assistance may be provided to a qualified nonprofit

24 organization (as defined in the provisions of section

25 6(f)(2)) if such organization meets and complies with the
16

•HR 1749 IH

1 same requirements as specified in section 6(f)(2) for quali2 fied organizations receiving funds under those provisions.

3 ‘‘(c) MATCHING REQUIREMENTS.—Assistance under

4 this title shall cover not more than 50 percent of the cost

5 of projects that are undertaken. The remaining share of

6 the cost shall be borne by the recipient in a manner and

7 with such funds or services as shall be satisfactory to the

8 Secretary. No payment may be made to any recipient for

9 or on account of any cost or obligation incurred or any

10 service rendered prior to the date of approval of this

11 title.’’.

12 SEC. 6. LOANS FOR RECREATION AND OPEN SPACE PRO13 TECTION.

14 The Land and Water Conservation Fund Act of 1965

15 (16 U.S.C. 460l–4 and following), as amended by section

16 5, is further amended by adding the following new title

17 after title III:

18 ‘‘TITLE IV—EMERGENCY RECRE19 ATION AND OPEN SPACE PRO20 TECTION LOAN FUND

21 ‘‘SEC. 401. EMERGENCY RECREATION AND OPEN SPACE

22 PROTECTION LOAN FUND.

23 ‘‘(a) LOAN ASSISTANCE.—In addition to the alloca24 tion under section 5(a) for Federal purposes under section

25 7, and the allocation under section 5(b) for financial as-
17

•HR 1749 IH

1 sistance to States under section 6, of the amounts avail2 able in the fund for fiscal years after fiscal year 1993,

3 such sums as may be necessary are authorized to be ap4 propriated to finance the subsidy costs of not more than

5 $250,000,000 in direct loans made by the Secretary of the

6 Interior for purposes as provided in this section.

7 ‘‘(b) ADMINISTRATIVE PROVISIONS.—No loan, in8 cluding any renewal or extension thereof, shall be made

9 under this section for a period exceeding 30 years. Each

10 such loan shall bear interest at a rate determined by the

11 Secretary of the Treasury taking into consideration the

12 current average market yield on outstanding marketable

13 obligations of the United States with remaining periods

14 of maturity comparable to the average maturity of such

15 loan, adjusted to the nearest one-half of 1 percent, less

16 not to exceed 4 percent per year. The recipient of each

17 such loan shall be required to pay to the Secretary a one

18 percent loan origination fee at the time the loan is made.

19 No loan may be made under this section unless the Sec20 retary determines that there is a reasonable assurance of

21 repayment. No loan may be made under this section unless

22 the financial assistance provided pursuant to such loan is

23 not otherwise available to the recipient from private lend24 ers or from other sources within the necessary time frame

25 and in a manner which, in the opinion of the Secretary,
18

•HR 1749 IH

1 will permit the timely accomplishment of the project for

2 which such loan is made or which cannot be obtained for

3 reasonable terms.

4 ‘‘(c) PROJECTS ELIGIBLE FOR ASSISTANCE.—The

5 Secretary may make loans under this section to States,

6 counties, municipalities, special districts, regional or inter7 state governments or an agency thereof if the Secretary

8 determines that the recreational resources associated with

9 the loan request are of vital significance to the community

10 and are in imminent danger of damage or when an oppor11 tunity to address a severe recreation deficiency will be

12 foregone. Such loans may be made available for—

13 ‘‘(1) any project or program which would pro14 vide outdoor recreation through acquisition of land,

15 waters, or interest in land or water, or development

16 of basic outdoor recreation facilities to serve the gen17 eral public, or which provide public benefit, or

18 ‘‘(2) project costs which are nonrecurring or

19 nonroutine and which are required for the construc20 tion, rehabilitation and maintenance of public rec21 reational facilities.

22 Entities with public facilities eligible for funds under this

23 provision shall demonstrate to the Secretary that the work

24 funded is necessary in order to meet vital recreational

25 needs without which, in the opinion of the Secretary, the
19

•HR 1749 IH

1 health and welfare of the public will be adversely impacted.

2 No funds shall be available under this section for routine

3 operation and maintenance expenses.

4 Funds available through this loan program may not be

5 used for planning purposes.

6 ‘‘(d) SPECIAL PROVISIONS.—Funding under this sec7 tion shall be available for up to 100 percent of the costs

8 of the program or project for which such funding is pro9 vided, but, in selecting projects to be funded, the Secretary

10 shall give a priority to those projects for which there is

11 partial funding from one or more other sources and to

12 projects which involve private contributions, including con13 tributions in kind.

14 ‘‘(e) ADVISORY BOARD.—The Secretary shall estab15 lish an advisory board to assist in the selection of projects

16 to receive assistance under this section, and to assure the

17 terms and conditions of agreement for the loan are mon18 itored and maintained. The advisory board shall review all

19 applications for assistance submitted under this section in

20 a timely manner as required to support the intent of the

21 provisions of this section and make recommendations to

22 the Secretary regarding the funding of such projects. The

23 Board shall act on each eligible request no more than 60

24 days from receipt of the application. The Secretary shall

25 respond within 30 days of the Board’s recommendation
20

•HR 1749 IH

1 through either award of the loan or notification to the ap2 plicant that an assistance will not be made. No project

3 shall receive assistance under this section until the Sec4 retary has received the recommendations of the advisory

5 board. The Secretary has the authority to promulgate such

6 regulations as may be required to carry out the provisions

7 of this title.’’.

Æ

HR 1749 IH——2