IB
106TH CONGRESS
2D SESSION
H. R. 701
[Report No. 106–499, Part I]
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 HOUSE OF REPRESENTATIVES
FEBRUARY 10, 1999
Mr. YOUNG of Alaska (for himself, Mr. DINGELL, Mr. TAUZIN, Mr. JOHN, Mr.
BAKER, Mr. RANGEL, Mr. CHAMBLISS, Mr. PETERSON of Minnesota, Mr.
ROGERS, Mr. TANNER, Mr. LIVINGSTON, Mr. LAMPSON, Mr. MCCRERY,
Mr. TOWNS, Mr. GOSS, Mr. KILDEE, Mr. NORWOOD, Mr. SHOWS, Mr.
HILLIARD, Mr. SESSIONS, Mr. LUTHER, Mr. ROEMER, Ms. MCCARTHY
of Missouri, Mr. WEYGAND, Mr. WELLER, Mr. WATKINS, Mr. JEFFER-
SON, Ms. JACKSON-LEE of Texas, Mr. COOKSEY, Mr. HOLDEN, Mr.
BASS, Ms. EDDIE BERNICE JOHNSON of Texas, Mr. GILCHREST, Mrs.
BONO, and Mr. DUNCAN) introduced the following bill; which was re-
ferred to the Committee on Resources
FEBRUARY 16, 2000
Additional sponsors: Mr. GILCHREST, Mrs. BONO, Mr. DUNCAN, Mr. LINDER,
Mr. TAYLOR of Mississippi, Mr. STUMP, Mr. SANDLIN, Mr. WELDON of
Pennsylvania, Mr. TURNER, Mr. GREEN of Wisconsin, Mr. BARCIA, Mr.
WHITFIELD, Mr. BENTSEN, Mr. BURR of North Carolina, Mr. CONDIT,
Mr. ADERHOLT, Mr. HINOJOSA, Mr. HAYES, Mr. GORDON, Mr. BACHUS,
Mr. CRAMER, Mr. DEAL of Georgia, Mr. GONZALEZ, Mr. PICKERING, Mr.
LEWIS of Georgia, Mr. FORD, Mrs. CHRISTENSEN, Mr. PICKETT, Mr.
WYNN, Mr. RILEY, Mr. TAYLOR of North Carolina, Mr. ISAKSON, Mr.
COLLINS, Mr. BISHOP, Mr. EWING, Mr. LUCAS of Kentucky, Mr. LEWIS
of Kentucky, Mr. CLYBURN, Mr. ENGLISH, Mr. BARR of Georgia, Mr.
MILLER of Florida, Mr. TERRY, Mr. ALLEN, Mr. SPENCE, Mr. CLEMENT,
Mr. FLETCHER, Ms. CARSON, Mr. WISE, Mr. UPTON, Mr. PASTOR, Mr.
GALLEGLY, Ms. DANNER, Mr. NEY, Mr. FROST, Mr. BOYD, Mr. THOMP-
SON of Mississippi, Mr. GUTKNECHT, Mr. TRAFICANT, Mr. HYDE, Mr.
ORTIZ, Ms. MCKINNEY, Mrs. MYRICK, Mr. JENKINS, Mr. ETHERIDGE,
Mr. LUCAS Oklahoma, Mr. LATOURETTE, Mr. FOLEY, Mr. KIND, Mr.
VITTER, Mr. SAWYER, Mr. ACKERMAN, Mr. SKELTON, Mr. MOLLOHAN,
Ms. STABENOW, Mr. GREEN of Texas, Mrs. FOWLER, Mr. STRICKLAND,
Mr. BOSWELL, Mr. KLINK, Mr. CAMP, Mr. DAVIS of Virginia, Mr. MICA,
Mr. OBERSTAR, Mr. BOUCHER, Mr. SHAW, Mr. PHELPS, Mr. SCAR-
BOROUGH, Mr. LAHOOD, Mr. CANADY of Florida, Mr. BILIRAKIS, Mr.
PORTMAN, Mr. SOUDER, Mr. HANSEN, Mr. GEORGE MILLER of Cali-
fornia, Mr. SMITH of New Jersey, Mr. SAXTON, Ms. SANCHEZ, Mr.
THUNE, Mr. VENTO, Mr. MCDERMOTT, Mr. WEXLER, Mr. GUTIERREZ,
Mrs. MORELLA, Mr. UDALL of Colorado, Mr. CLAY, Mr. BLUMENAUER,
Mr. DEUTSCH, Mr. OLVER, Mr. FRANK of Massachusetts, Ms. ESHOO,
Ms. ROYBAL-ALLARD, Mr. MCNULTY, Mr. ENGEL, Mr. DIXON, Mr.
DELAHUNT, Ms. PELOSI, Mr. FALEOMAVAEGA, Mrs. CAPPS, Mr. THOMP-
SON of California, Mr. HALL of Texas, Mr. PALLONE, Mr. CROWLEY, Mr.
HOEFFEL, Mr. UDALL of New Mexico, Ms. WOOLSEY, Ms. HOOLEY of
Oregon, Mrs. NAPOLITANO, Mr. ABERCROMBIE, Mr. STARK, Mrs. MEEK
of Florida, Mr. MCCOLLUM, Mr. MINGE, Mr. CONYERS, Mr. RAHALL,
Mr. MARKEY, Mr. BORSKI, Mr. PETRI, Mr. GEJDENSON, Mr. SMITH of
Washington, Mr. DOOLEY of California, Mr. MCINNIS, Ms. BALDWIN,
Mr. INSLEE, Mr. WU, Mrs. MINK of Hawaii, Ms. BROWN of Florida, Mrs.
ROUKEMA, Mr. TANCREDO, Mr. SHERWOOD, Mr. KANJORSKI, Mr. FARR
of California, Mr. MENENDEZ, Mr. HASTINGS of Florida, Mrs. CLAYTON,
Mr. BARRETT of Wisconsin, Mr. MEEHAN, Mr. MATSUI, Mr. SHERMAN,
Mr. MARTINEZ, Ms. DEGETTE, Mr. LARSON, Mr. CUMMINGS, Mr.
TIERNEY, Mr. NEAL of Massachusetts, Mr. PASCRELL, Mr. HOLT, Mr.
SERRANO, Mr. BALDACCI, Mr. HINCHEY, Mr. OWENS, Mr. ROTHMAN,
Mr. MCGOVERN, Mr. CALLAHAN, Mr. CARDIN, Mr. EVANS, Mr. LAZIO,
Ms. LOFGREN, Mr. WAXMAN, Ms. WATERS, Mr. FILNER, Mr. CAPUANO,
Mr. BONIOR, Mr. NADLER, Mrs. JONES of Ohio, Mr. KUCINICH, Ms.
BERKLEY, 
Mr. 
BAIRD, 
Mr. 
UNDERWOOD, 
Mr. 
GILMAN, 
Mr.
BLAGOJEVICH, Mr. KENNEDY of Rhode Island, Mr. FORBES, Mr. SAND-
ERS, Mr. MEEKS of New York, Mr. BROWN of Ohio, Mr. KUYKENDALL,
Mr. LEACH, Mr. BERMAN, Ms. SLAUGHTER, Mr. BOEHLERT, Mr. MCIN-
TYRE, Mr. KLECZKA, Mr. GREENWOOD, Mr. CAMPBELL, Mr. DREIER,
Mr. BILBRAY, Mr. CUNNINGHAM, Mr. GEKAS, Mr. BRADY of Texas, Mr.
MORAN of Virginia, Mrs. JOHNSON of Connecticut, Mrs. KELLY, Mr.
LOBIONDO, Mr. STUPAK, Mr. FRANKS of New Jersey, Mr. EHLERS, Mr.
QUINN, Mr. SHUSTER, Ms. SCHAKOWSKY, Mr. WEINER, Mr. LEVIN, Mrs.
LOWEY, Mr. DIAZ-BALART, Mr. MOAKLEY, Mrs. BIGGERT, Mr. DAVIS of
Illinois, Mr. HORN, Mr. LANTOS, Ms. LEE, Mr. KING, Mr. ANDREWS,
Mr. PAYNE, Mr. EVERETT, Mrs. TAUSCHER, Ms. DUNN, Mr. ROMERO-
BARCELO´, Ms. KILPATRICK, Ms. NORTON, Mr. PACKARD, Mr. METCALF,
Mr. BATEMAN, Mr. FRELINGHUYSEN, Mr. HOUGHTON, Mr. WATT of
North Carolina, Ms. KAPTUR, Mr. LAFALCE, Ms. RIVERS, Mr. BECERRA,
Ms. MILLENDER-MCDONALD, Mr. JACKSON of Illinois, Mrs. MCCARTHY
of New York, Ms. VELA´ZQUEZ, Mr. EHRLICH, Mr. REYES, Mr. PEASE,
Mr. BACA, Mrs. MALONEY of New York, Mr. BARLETT of Maryland, Mr.
DICKS, Ms. DELAURO, and Mr. HEFLEY
FEBRUARY 16, 2000
Reported from the Committee on Resources with an amendment
[Strike out all after the enacting clause and insert the part printed in italic]
FEBRUARY 16, 2000
Referred to the Committee on Agriculture for a period ending not later than
March 17, 2000, for consideration of such provisions of the bill and
amendment as fall within the jurisdiction of that committee pursuant to
clause 1(a), rule X
FEBRUARY 16, 2000
Referred to the Committee on the Budget for a period ending not later than
March 31, 2000, for consideration of such provisions of the bill and
amendment as fall within the jurisdiction of that committee pursuant to
clause 1(a), rule X
[For text of introduced bill, see copy of bill as introduced on February 10, 1999]
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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Conservation and Rein-
vestment Act of 1999’’.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Definitions.
Sec. 4. Annual reports.
Sec. 5. Conservation and Reinvestment Act Fund.
Sec. 6. Limitation on use of available amounts for administration.
Sec. 7. Budgetary treatment of receipts and disbursements.
Sec. 8. Recordkeeping requirements.
Sec. 9. Maintenance of effort and matching funding.
Sec. 10. Sunset.
Sec. 11. Protection of private property rights.
Sec. 12. Signs.
TITLE I—IMPACT ASSISTANCE AND COASTAL CONSERVATION
Sec. 101. Impact assistance formula and payments.
Sec. 102. Coastal State conservation and impact assistance plans.
TITLE II—LAND AND WATER CONSERVATION FUND
REVITALIZATION
Sec. 201. Amendment of Land and Water Conservation Fund Act of 1965.
Sec. 202. Extension of fund; treatment of amounts transferred from Conservation
and Reinvestment Act Fund.
Sec. 203. Availability of amounts.
Sec. 204. Allocation of Fund.
Sec. 205. Use of Federal portion.
Sec. 206. Allocation of amounts available for State purposes.
Sec. 207. State planning.
Sec. 208. Assistance to States for other projects.
Sec. 209. Conversion of property to other use.
Sec. 210. Water rights.
TITLE III—WILDLIFE CONSERVATION AND RESTORATION
Sec. 301. Purposes.
Sec. 302. Definitions.
Sec. 303. Treatment of amounts transferred from Conservation and Reinvestment
Act Fund.
Sec. 304. Apportionment of amounts transferred from Conservation and Reinvest-
ment 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—CONSERVATION EASEMENTS AND ENDANGERED AND
THREATENED SPECIES RECOVERY
Subtitle A—Conservation Easements
Sec. 701. Purpose.
Sec. 702. Treatment of amounts transferred from Conservation and Reinvestment
Act Fund.
Sec. 703. Authorized uses of transferred amounts.
Sec. 704. Conservation Easement Program.
Subtitle B—Endangered and Threatened Species Recovery
Sec. 711. Purposes.
Sec. 712. Treatment of amounts transferred from Conservation and Reinvestment
Act Fund.
Sec. 713. Endangered and threatened species recovery assistance.
Sec. 714. Endangered and Threatened Species Recovery Agreements.
Sec. 715. Definitions.
SEC. 3. DEFINITIONS.
For purposes of this Act:
(1) The term ‘‘coastal population’’ means the
population of all political subdivisions, as determined
by the most recent official data of the Census Bureau,
contained in whole or in part within the designated
coastal boundary of a State as defined in a State’s
coastal zone management program under the Coastal
Zone Management Act (16 U.S.C. 1451 and fol-
lowing).
(2) The term ‘‘coastal political subdivision’’
means a political subdivision of a coastal State all or
part of which political subdivision is within the
coastal zone (as defined in section 304 of the Coastal
Zone Management Act (16 U.S.C. 1453)).
(3) The term ‘‘coastal State’’ has the same mean-
ing as provided by section 304 of the Coastal Zone
Management Act (16 U.S.C. 1453)).
(4) The term ‘‘coastline’’ has the same meaning
that it has in the Submerged Lands Act (43 U.S.C.
1301 and following).
(5) The term ‘‘distance’’ means minimum great
circle distance, measured in statute miles.
(6) The term ‘‘fiscal year’’ means the Federal
Government’s accounting period which begins on Oc-
tober 1st and ends on September 30th, and is des-
ignated by the calendar year in which it ends.
(7) The term ‘‘Governor’’ means the highest elect-
ed official of a State or of any other political entity
that is defined as, or treated as, a State under the
Land and Water Conservation Fund Act of 1965 (16
U.S.C. 460l–4 and following), the Act of September 2,
1937 (16 U.S.C. 669 and following), commonly re-
ferred to as the Federal Aid in Wildlife Restoration
Act or the Pittman-Robertson Act, the Urban Park
and Recreation Recovery Act of 1978 (16 U.S.C. 2501
and following), the National Historic Preservation
Act (16 U.S.C. 470h and following), or the Federal
Agriculture Improvement and Reform Act of 1996
(Public Law 104–127; 16 U.S.C. 3830 note).
(8) The term ‘‘leased tract’’ means a tract, leased
under section 8 of the Outer Continental Shelf Lands
Act (43 U.S.C. 1337) for the purpose of drilling for,
developing, and producing oil and natural gas re-
sources, which is a unit consisting of either a block,
a portion of a block, a combination of blocks or por-
tions of blocks, or a combination of portions of blocks,
as specified in the lease, and as depicted on an Outer
Continental Shelf Official Protraction Diagram.
(9) The term ‘‘Outer Continental Shelf’’ means
all submerged lands lying seaward and outside of the
area of ‘‘lands beneath navigable waters’’ as defined
in section 2(a) of the Submerged Lands Act (43
U.S.C. 1301(a)), and of which the subsoil and seabed
appertain to the United States and are subject to its
jurisdiction and control.
(10) The term ‘‘political subdivision’’ means the
local political jurisdiction immediately below the level
of State government, including counties, parishes, and
boroughs. If State law recognizes an entity of general
government that functions in lieu of, and is not with-
in, a county, parish, or borough, the Secretary may
recognize an area under the jurisdiction of such other
entities of general government as a political subdivi-
sion for purposes of this title.
(11) The term ‘‘producing State’’ means a State
with a coastal seaward boundary within 200 miles
from the geographic center of a leased tract other than
a leased tract or portion of a leased tract that is lo-
cated in a geographic area subject to a leasing mora-
torium on January 1, 1999 (unless the lease was
issued prior to the establishment of the moratorium
and was in production on January 1, 1999).
(12) The term ‘‘qualified Outer Continental Shelf
revenues’’ means (except as otherwise provided in this
paragraph) all moneys received by the United States
from each leased tract or portion of a leased tract
lying seaward of the zone defined and governed by
section 8(g) of the Outer Continental Shelf Lands Act
(43 U.S.C. 1337(g)), or lying within such zone but to
which section 8(g) does not apply, the geographic cen-
ter of which lies within a distance of 200 miles from
any part of the coastline of any coastal State, includ-
ing bonus bids, rents, royalties (including payments
for royalty taken in kind and sold), net profit share
payments, and related late-payment interest from
natural gas and oil leases issued pursuant to the
Outer Continental Shelf Lands Act. Such term does
not include any revenues from a leased tract or por-
tion of a leased tract that is located in a geographic
area subject to a leasing moratorium on January 1,
1999, unless the lease was issued prior to the estab-
lishment of the moratorium and was in production on
January 1, 1999.
(13) The term ‘‘Secretary’’ means the Secretary
of the Interior or the Secretary’s designee, except as
otherwise specifically provided.
(14) The term ‘‘Fund’’ means the Conservation
and Reinvestment Act Fund established under section
5.
SEC. 4. ANNUAL REPORTS.
(a) STATE REPORTS.—On June 15 of each year, each
Governor receiving moneys from the Fund shall account for
all moneys so received for the previous fiscal year in a writ-
ten report to the Secretary of the Interior or the Secretary
of Agriculture, as appropriate. The report shall include, in
accordance with regulations prescribed by the Secretaries,
a description of all projects and activities receiving funds
under this Act. In order to avoid duplication, such report
may incorporate by reference any other reports required to
be submitted under other provisions of law to the Secretary
concerned by the Governor regarding any portion of such
moneys.
(b) REPORT TO CONGRESS.—On January 1 of each
year the Secretary of the Interior, in consultation with the
Secretary of Agriculture, shall submit an annual report to
the Congress documenting all moneys expended by the Sec-
retary of the Interior and the Secretary of Agriculture from
the Fund during the previous fiscal year and summarizing
the contents of the Governors’ reports submitted to the Sec-
retaries under subsection (a).
SEC. 5. CONSERVATION AND REINVESTMENT ACT FUND.
(a) ESTABLISHMENT OF FUND.—There is established
in the Treasury of the United States a fund which shall
be known as the ‘‘Conservation and Reinvestment Act
Fund’’. In each fiscal year after the fiscal year 2000, the
Secretary of the Treasury shall deposit into the Fund the
following amounts:
(1) OCS REVENUES.—An amount in each such
fiscal year from qualified Outer Continental Shelf
revenues 
equal 
to 
the 
difference 
between
$2,825,000,000 and the amounts deposited in the
Fund under paragraph (2), notwithstanding section 9
of the Outer Continental Shelf Lands Act (43 U.S.C.
1338).
(2) AMOUNTS
NOT
DISBURSED.—All allocated
but undisbursed amounts returned to the Fund under
section 101(a)(2).
(3) INTEREST.—All interest earned under sub-
section (d) that is not made available under para-
graph (2) or (4) of that subsection.
(b) TRANSFER
FOR EXPENDITURE.—In each fiscal
year after the fiscal year 2001, the Secretary of the Treas-
ury shall transfer amounts deposited into the Fund as fol-
lows:
(1) $1,000,000,000 to the Secretary of the Inte-
rior for purposes of making payments to coastal
States under title I of this Act.
(2) To the Land and Water Conservation Fund
for expenditure as provided in section 3(a) of the
Land and Water Conservation Fund Act of 1965 (16
U.S.C. 460l–6(a)) such amounts as are necessary to
make the income of the fund $900,000,000 in each
such fiscal year.
(3) $350,000,000 to the Federal aid to wildlife
restoration fund established under section 3 of the
Federal Aid in Wildlife Restoration Act (16 U.S.C.
669b).
(4) $125,000,000 to the Secretary of the Interior
to carry out the Urban Park and Recreation Recovery
Act of 1978 (16 U.S.C. 2501 and following).
(5) $100,000,000 to the Secretary of the Interior
to carry out the National Historic Preservation Act
(16 U.S.C. 470 and following).
(6) $200,000,000 to the Secretary of the Interior
and the Secretary of Agriculture to carry out title VI
of this Act.
(7) $150,000,000 to the Secretary of the Interior
to carry out title VII of this Act with (A)
$100,000,000 of such amount transferred to the Sec-
retary of the Interior for purposes of subtitle A of title
VII and (B) $50,000,000 of such amount transferred
to the Secretary of the Interior for purposes of subtitle
B of title VII.
(c) SHORTFALL.—If amounts deposited into the Fund
in any fiscal year after the fiscal year 2000 are less than
$2,825,000,000, the amounts transferred under paragraphs
(1) through (7) of subsection (b) for that fiscal year shall
each be reduced proportionately.
(d) INTEREST.—
(1) IN GENERAL.—The Secretary of the Treasury
shall invest moneys in the Fund in public debt securi-
ties with maturities suitable to the needs of the Fund,
as determined by the Secretary of the Treasury, and
bearing interest at rates determined by the Secretary
of the Treasury, taking into consideration current
market yields on outstanding marketable obligations
of the United States of comparable maturity.
(2) USE OF INTEREST.—Except as provided in
paragraphs (3) and (4), interest earned on such mon-
eys shall be available, without further appropriation,
for obligation or expenditure under—
(A) chapter 69 of title 31 of the United
States Code (relating to PILT), and
(B) section 401 of the Act of June 15, 1935
(49 Stat. 383; 16 U.S.C. 715s) (relating to refuge
revenue sharing).
In each fiscal year such interest shall be allocated be-
tween the programs referred to in subparagraph (A)
and (B) in proportion to the amounts authorized and
appropriated for that fiscal year under other provi-
sions of law for purposes of such programs.
(3) CEILING ON EXPENDITURES OF INTEREST.—
Amounts made available under paragraph (2) in each
fiscal year shall not exceed the lesser of the following:
(A) $200,000,000.
(B) The total amount authorized and ap-
propriated for that fiscal year under other provi-
sions of law for purposes of the programs re-
ferred to in subparagraphs (A) and (B) of para-
graph (2).
(4) TITLE
III
INTEREST.—All interest attrib-
utable to amounts transferred by the Secretary of the
Treasury to the Secretary of the Interior for purposes
of title III of this Act (and the amendments made by
such title III) shall be available, without further ap-
propriation, for obligation or expenditure for pur-
poses of the North American Wetlands Conservation
Act of 1989 (16 U.S.C. 4401 and following)
(e) REFUNDS.—In those instances where through judi-
cial decision, administrative review, arbitration, or other
means there are royalty refunds owed to entities generating
revenues under this title, such refunds shall be paid by the
Secretary of the Treasury from amounts available in the
Fund.
SEC. 6. LIMITATION ON USE OF AVAILABLE AMOUNTS FOR
ADMINISTRATION.
Notwithstanding any other provision of law, of
amounts made available by this Act (including the amend-
ments made by this Act) for a particular activity, not more
than 2 percent may be used for administrative expenses of
that activity. Nothing in this section shall affect the prohi-
bition contained in section 4(c)(3) of the Federal Aid in
Wildlife Restoration Act (as amended by this Act).
SEC. 7. BUDGETARY TREATMENT OF RECEIPTS AND DIS-
BURSEMENTS.
Notwithstanding any other provision of law, the re-
ceipts and disbursements of funds under this Act and the
amendments made by this Act—
(1) shall not be counted as new budget authority,
outlays, receipts, or deficit or surplus for purposes
of—
(A) the budget of the United States Govern-
ment as submitted by the President;
(B) the congressional budget (including al-
locations of budget authority and outlays pro-
vided therein); or
(C) the Balanced Budget and Emergency
Deficit Control Act of 1985; and
(2) shall be exempt from any general budget lim-
itation imposed by statute on expenditures and net
lending (budget outlays) of the United States Govern-
ment.
SEC. 8. RECORDKEEPING REQUIREMENTS.
The Secretary of the Interior in consultation with the
Secretary of Agriculture shall establish such rules regarding
recordkeeping by State and local governments and the au-
diting of expenditures made by State and local governments
from funds made available under this Act as may be nec-
essary. Such rules shall be in addition to other requirements
established regarding recordkeeping and the auditing of
such expenditures under other authority of law.
SEC. 9. MAINTENANCE OF EFFORT AND MATCHING FUND-
ING.
(a) IN GENERAL.—Except as provided in subsection
(b), no State or local government shall receive any funds
under this Act during any fiscal year when its expenditures
of non-Federal funds for recurrent expenditures for pro-
grams for which funding is provided under this Act will
be less than its expenditures were for such programs during
the preceding fiscal year. No State or local government shall
receive any funding under this Act with respect to a pro-
gram unless the Secretary is satisfied that such a grant will
be so used to supplement and, to the extent practicable, in-
crease the level of State, local, or other non-Federal funds
available for such program. In order for the Secretary to
provide funding under this Act in a timely manner each
fiscal year, the Secretary shall compare a State or local gov-
ernment’s prospective expenditure level to that of its second
preceding fiscal year.
(b) EXCEPTION.—The Secretary may provide funding
under this Act to a State or local government not meeting
the requirements of subsection (a) if the Secretary deter-
mines that a reduction in expenditures is attributable to
a non-selective reduction in the expenditures in the pro-
grams of all Executive branch agencies of the State or local
government.
(c) USE OF FUND TO MEET MATCHING REQUIRE-
MENTS.—All funds received by a State or local government
under this Act shall be treated as Federal funds for purposes
of compliance with any provision in effect under any other
law requiring that non-Federal funds be used to provide
a portion of the funding for any program or project.
SEC. 10. SUNSET.
This Act, including the amendments made by this Act,
shall have no force or effect after September 30, 2015.
SEC. 11. PROTECTION OF PRIVATE PROPERTY RIGHTS.
(a) SAVINGS CLAUSE.—Nothing in the Act shall au-
thorize that private property be taken for public use, with-
out just compensation as provided by the Fifth and Four-
teenth amendments to the United States Constitution.
(b) REGULATION.—Federal agencies, using funds ap-
propriated by this Act, may not apply any regulation on
any lands until the lands or water, or an interest therein,
is acquired, unless authorized to do so by another Act of
Congress.
SEC. 12. SIGNS.
(a) IN GENERAL.—The Secretary shall require, as a
condition of any financial assistance provided with
amounts made available by this Act, that the person that
owns or administers any site that benefits from such assist-
ance shall include on any sign otherwise installed at that
site at or near an entrance or public use focal point, a state-
ment that the existence or development of the site (or both),
as appropriate, is a product of such assistance.
(b) STANDARDS.—The Secretary shall provide for the
design of standardized signs for purposes of subsection (a),
and shall prescribe standards and guidelines for such signs.
TITLE I—IMPACT ASSISTANCE
AND COASTAL CONSERVATION
SEC. 101. IMPACT ASSISTANCE FORMULA AND PAYMENTS.
(a) IMPACT ASSISTANCE PAYMENTS TO STATES.—
(1) GRANT PROGRAM.—Amounts transferred to
the Secretary of the Interior from the Conservation
and Reinvestment Act Fund under section 5(b)(1) of
this Act for purposes of making payments to coastal
States under this title in any fiscal year shall be allo-
cated by the Secretary of the Interior among coastal
States as provided in this section in each such fiscal
year. In each such fiscal year, the Secretary of the In-
terior shall, without further appropriation, disburse
such allocated funds to those coastal States for which
the Secretary has approved a Coastal State Conserva-
tion and Impact Assistance Plan as required by this
title. Payments for all projects shall be made by the
Secretary to the Governor of the State or to the State
official or agency designated by the Governor or by
State law as having authority and responsibility to
accept and to administer funds paid hereunder. No
payment shall be made to any State until the State
has agreed to provide such reports to the Secretary,
in such form and containing such information, as
may be reasonably necessary to enable the Secretary
to perform his duties under this title, and provide
such fiscal control and fund accounting procedures as
may be necessary to assure proper disbursement and
accounting for Federal revenues paid to the State
under this title.
(2) FAILURE TO HAVE PLAN APPROVED.—At the
end of each fiscal year, the Secretary shall return to
the Conservation and Reinvestment Act Fund any
amount that the Secretary allocated, but did not dis-
burse, in that fiscal year to a coastal State that does
not have an approved plan under this title before the
end of the fiscal year in which such grant is allocated,
except that the Secretary shall hold in escrow until
the final resolution of the appeal any amount allo-
cated, but not disbursed, to a coastal State that has
appealed the disapproval of a plan submitted under
this title.
(b) ALLOCATION AMONG COASTAL STATES.—
(1) ALLOCABLE SHARE FOR EACH STATE.—For
each coastal State, the Secretary shall determine the
State’s allocable share of the total amount of the reve-
nues transferred from the Fund under section 5(b)(1)
for each fiscal year using the following weighted for-
mula:
(A) 50 percent of such revenues shall be al-
located among the coastal States as provided in
paragraph (2).
(B) 25 percent of such revenues shall be al-
located to each coastal State based on the ratio
of each State’s shoreline miles to the shoreline
miles of all coastal States.
(C) 25 percent of such revenues shall be al-
located to each coastal State based on the ratio
of each State’s coastal population to the coastal
population of all coastal States.
(2) OFFSHORE
OUTER
CONTINENTAL
SHELF
SHARE.—If any portion of a producing State lies
within a distance of 200 miles from the geographic
center of any leased tract, the Secretary of the Inte-
rior shall determine such State’s allocable share under
paragraph (1)(A) based on the formula set forth in
this paragraph. Such State share shall be calculated
as of the date of the enactment of this Act for the first
5-fiscal year period during which funds are disbursed
under this title and recalculated on the anniversary
of such date each fifth year thereafter for each suc-
ceeding 5-fiscal year period. Each such State’s allo-
cable share of the revenues disbursed under paragraph
(1)(A) shall be inversely proportional to the distance
between the nearest point on the coastline of such
State and the geographic center of each leased tract
or portion of the leased tract (to the nearest whole
mile) that is within 200 miles of that coastline, as de-
termined by the Secretary for the 5-year period con-
cerned. In applying this paragraph a leased tract or
portion of a leased tract shall be excluded if the tract
or portion is located in a geographic area subject to
a leasing moratorium on January 1, 1999, unless the
lease was issued prior to the establishment of the mor-
atorium and was in production on January 1, 1999.
(3) MINIMUM STATE SHARE.—
(A) IN GENERAL.—The allocable share of
revenues determined by the Secretary under this
subsection for each coastal State with an ap-
proved coastal management program (as defined
by the Coastal Zone Management Act (16 U.S.C.
1451)), or which is making satisfactory progress
toward one, shall not be less in any fiscal year
than 0.50 percent of the total amount of the reve-
nues transferred by the Secretary of the Treasury
to the Secretary of the Interior for purposes of
this title for that fiscal year under subsection
(a). For any other coastal State the allocable
share of such revenues shall not be less than 0.25
percent of such revenues.
(B) RECOMPUTATION.—Where one or more
coastal States’ allocable shares, as computed
under paragraphs (1) and (2), are increased by
any amount under this paragraph, the allocable
share for all other coastal States shall be recom-
puted and reduced by the same amount so that
not more than 100 percent of the amount trans-
ferred by the Secretary of the Treasury to the
Secretary of the Interior for purposes of this title
for that fiscal year under section 5(b)(1) is allo-
cated to all coastal States. The reduction shall be
divided pro rata among such other coastal
States.
(c) PAYMENTS TO POLITICAL SUBDIVISIONS.—In the
case of a producing State, the Governor of the State shall
pay 50 percent of the State’s allocable share, as determined
under subsection (b), to the coastal political subdivisions
in such State. Such payments shall be allocated among such
coastal political subdivisions of the State according to an
allocation formula analogous to the allocation formula used
in subsection (b) to allocate revenues among the coastal
States, except that a coastal political subdivision in the
State of California that has a coastal shoreline, that is not
within 200 miles of the geographic center of a leased tract
or portion of a leased tract, and in which there is located
one or more oil refineries shall be eligible for that portion
of the allocation described in subsection (b)(1)(A) and (b)(2)
in the same manner as if that political subdivision were
located within a distance of 50 miles from the geographic
center of any leased tract.
(d) TIME OF PAYMENT.—Payments to coastal States
and coastal political subdivisions under this section shall
be made not later than December 31 of each year from reve-
nues received during the immediately preceding fiscal year.
SEC. 102. COASTAL STATE CONSERVATION AND IMPACT AS-
SISTANCE PLANS.
(a) DEVELOPMENT
AND
SUBMISSION
OF
STATE
PLANS.—Each coastal State seeking to receive grants under
this title shall prepare, and submit to the Secretary, a
Statewide Coastal State Conservation and Impact Assist-
ance Plan. In the case of a producing State, the Governor
shall incorporate the plans of the coastal political subdivi-
sions into the Statewide plan for transmittal to the Sec-
retary. The Governor shall solicit local input and shall pro-
vide for public participation in the development of the
Statewide plan. The plan shall be submitted to the Sec-
retary by April 1 of the calendar year after the calendar
year in which this Act is enacted.
(b) APPROVAL OR DISAPPROVAL.—
(1) IN GENERAL.—Approval of a Statewide plan
under subsection (a) is required prior to disbursement
of funds under this title by the Secretary. The Sec-
retary shall approve the Statewide plan if the Sec-
retary determines, in consultation with the Secretary
of Commerce, that the plan is consistent with the uses
set forth in subsection (c) and if the plan contains
each of the following:
(A) The name of the State agency that will
have the authority to represent and act for the
State in dealing with the Secretary for purposes
of this title.
(B) A program for the implementation of
the plan which, for producing States, includes a
description of how funds will be used to address
the impacts of oil and gas production from the
Outer Continental Shelf.
(C) Certification by the Governor that
ample opportunity has been accorded for public
participation in the development and revision of
the plan.
(D) Measures for taking into account other
relevant Federal resources and programs. The
plan shall be correlated so far as practicable
with other State, regional, and local plans.
(2) PROCEDURE AND TIMING; REVISIONS.—The
Secretary shall approve or disapprove each plan sub-
mitted in accordance with this section. If a State first
submits a plan by not later than 90 days before the
beginning of the first fiscal year to which the plan
applies, the Secretary shall approve or disapprove the
plan by not later than 30 days before the beginning
of that fiscal year.
(3) AMENDMENT OR REVISION.—Any amendment
to or revision of the plan shall be prepared in accord-
ance with the requirements of this subsection and
shall be submitted to the Secretary for approval or
disapproval. Any such amendment or revision shall
take effect only for fiscal years after the fiscal year in
which the amendment or revision is approved by the
Secretary.
(c) AUTHORIZED USES OF STATE GRANT FUNDING.—
The funds provided under this title to a coastal State and
for coastal political subdivisions are authorized to be used
only for one or more of the following purposes:
(1) Data collection, including but not limited to
fishery or marine mammal stock surveys in State wa-
ters or both, cooperative State, interstate, and Federal
fishery or marine mammal stock surveys or both, co-
operative initiatives with university and private enti-
ties for fishery and marine mammal surveys, activi-
ties related to marine mammal and fishery inter-
actions, and other coastal living marine resources
surveys.
(2) The conservation, restoration, enhancement,
or creation of coastal habitats.
(3) Cooperative Federal or State enforcement of
marine resources management statutes.
(4) Fishery observer coverage programs in State
or Federal waters.
(5) Invasive, exotic, and nonindigenous species
identification and control.
(6) Coordination and preparation of cooperative
fishery conservation and management plans between
States including the development and implementation
of population surveys, assessments and monitoring
plans, and the preparation and implementation of
State fishery management plans developed by inter-
state marine fishery commissions.
(7) Preparation and implementation of State
fishery or marine mammal management plans that
comply with bilateral or multilateral international
fishery or marine mammal conservation and manage-
ment agreements or both.
(8) Coastal and ocean observations necessary to
develop and implement real time tide and current
measurement systems.
(9) Implementation of federally approved ma-
rine, coastal, or comprehensive conservation and
management plans.
(10) Mitigating marine and coastal impacts of
Outer Continental Shelf activities including impacts
on onshore infrastructure.
(11) Projects that promote research, education,
training, and advisory services in fields related to
ocean, coastal, and Great Lakes resources.
(d) COMPLIANCE WITH AUTHORIZED USES.—Based
on the annual reports submitted under section 4 of this Act
and on audits conducted by the Secretary under section 8,
the Secretary shall review the expenditures made by each
State and coastal political subdivision from funds made
available under this title. If the Secretary determines that
any expenditure made by a State or coastal political sub-
division of a State from such funds is not consistent with
the authorized uses set forth in subsection (c), the Secretary
shall not make any further grants under this title to that
State until the funds used for such expenditure have been
repaid to the Conservation and Reinvestment Act Fund.
TITLE 
II—LAND 
AND 
WATER
CONSERVATION FUND REVI-
TALIZATION
SEC. 201. AMENDMENT OF LAND AND WATER CONSERVA-
TION FUND ACT OF 1965.
Except as otherwise expressly provided, whenever in
this title an amendment or repeal is expressed in terms of
an amendment to, or repeal of, a section or other provision,
the reference shall be considered to be made to a section or
other provision of the Land and Water Conservation Fund
Act of 1965 (16 U.S.C. 460l–4 and following).
SEC. 202. EXTENSION OF FUND; TREATMENT OF AMOUNTS
TRANSFERRED FROM CONSERVATION AND
REINVESTMENT ACT FUND.
Section 2(c) is amended to read as follows:
SEC. 204. ALLOCATION OF FUND.
Section 5 (16 U.S.C. 460l–7) is amended to read as
follows:
‘‘ALLOCATION OF FUNDS
‘‘SEC. 5. Of the amounts made available for each fiscal
year to carry out this Act—
‘‘(1) 50 percent shall be available for Federal
purposes (in this Act referred to as the ‘Federal por-
tion’); and
‘‘(2) 50 percent shall be available for grants to
States.’’.
SEC. 205. USE OF FEDERAL PORTION.
Section 7 (16 U.S.C. 460l–9) is amended by adding
at the end the following:
‘‘(d) USE OF FEDERAL PORTION.—
‘‘(1) APPROVAL BY CONGRESS REQUIRED.—The
Federal portion (as that term is defined in section
5(1)) may not be obligated or expended by the Sec-
retary of the Interior or the Secretary of Agriculture
for any acquisition except those specifically referred
to, and approved by the Congress, in an Act making
appropriations for the Department of the Interior or
the Department of Agriculture, respectively.
‘‘(2) WILLING SELLER REQUIREMENT.—The Fed-
eral portion may not be used to acquire any property
unless—
‘‘(A) the owner of the property concurs in
the acquisition; or
‘‘(B) acquisition of that property is specifi-
cally approved by an Act of Congress.
‘‘(e) LIST OF PROPOSED FEDERAL ACQUISITIONS.—
‘‘(1) RESTRICTION ON USE.—The Federal por-
tion for a fiscal year may not be obligated or ex-
pended to acquire any interest in lands or water un-
less the lands or water were included in a list of ac-
quisitions that is approved by the Congress. This list
shall include an inventory of surplus lands under the
administrative jurisdiction of the Secretary of the In-
terior and the Secretary of Agriculture for which
there is no demonstrated compelling program need.
‘‘(2) TRANSMISSION OF LIST.—(A) The Secretary
of the Interior and the Secretary of Agriculture shall
jointly transmit to the appropriate authorizing and
appropriations committees of the House of Represent-
atives and the Senate for each fiscal year, by no later
than the submission of the budget for the fiscal year
under section 1105 of title 31, United States Code, a
list of the acquisitions of interests in lands and water
proposed to be made with the Federal portion for the
fiscal year.
‘‘(B) In preparing each list, the Secretary
shall—
‘‘(i) seek to consolidate Federal landholdings
in States with checkerboard Federal land owner-
ship patterns;
‘‘(ii) consider the use of equal value land ex-
changes, where feasible and suitable, as an alter-
native means of land acquisition;
‘‘(iii) consider the use of permanent con-
servation easements, where feasible and suitable,
as an alternative means of acquisition;
‘‘(iv) identify those properties that are pro-
posed to be acquired from willing sellers and
specify any for which adverse condemnation is
requested; and
‘‘(v) establish priorities based on such fac-
tors as important or special resource attributes,
threats to resource integrity, timely availability,
owner hardship, cost escalation, public recreation
use values, and similar considerations.
‘‘(3) INFORMATION
REGARDING
PROPOSED
AC-
QUISITIONS.—Each list shall include, for each pro-
posed acquisition included in the list—
‘‘(A) citation of the statutory authority for
the acquisition, if such authority exists; and
‘‘(B) an explanation of why the particular
interest proposed to be acquired was selected.
‘‘(f) 
NOTIFICATION
TO
AFFECTED
AREAS
RE-
QUIRED.—The Federal portion for a fiscal year may not
be used to acquire any interest in land unless the Secretary
administering the acquisition, by not later than 30 days
after the date the Secretaries submit the list under sub-
section (e) for the fiscal year, provides notice of the proposed
acquisition—
‘‘(1) in writing to each Member of and each Del-
egate and Resident Commissioner to the Congress
elected to represent any area in which is located—
‘‘(A) the land; or
‘‘(B) any part of any federally designated
unit that includes the land;
‘‘(2) in writing to the Governor of the State in
which the land is located;
‘‘(3) in writing to each State political subdivi-
sion having jurisdiction over the land; and
‘‘(4) by publication of a notice in a newspaper
that is widely distributed in the area under the juris-
diction of each such State political subdivision, that
includes a clear statement that the Federal Govern-
ment intends to acquire an interest in land.
‘‘(g) COMPLIANCE WITH REQUIREMENTS UNDER FED-
ERAL LAWS.—
‘‘(1) IN GENERAL.—The Federal portion for a
fiscal year may not be used to acquire any interest
in land or water unless the following have occurred:
‘‘(A) All actions required under Federal law
with respect to the acquisition have been com-
plied with.
‘‘(B) A copy of each final environmental
impact statement or environmental assessment
required by law, and a summary of all public
comments regarding the acquisition that have
been received by the agency making the acquisi-
tion, are submitted to the Committee on Re-
sources of the House of Representatives, the Com-
mittee on Energy and Natural Resources of the
Senate, and the Committees on Appropriations
of the House of Representatives and of the
Senate.
‘‘(C) A notice of the availability of such
statement or assessment and of such summary is
provided to—
‘‘(i) each Member of and each Delegate
and Resident Commissioner to the Congress
elected to represent the area in which the
land is located;
‘‘(ii) the Governor of the State in
which the land is located; and
‘‘(iii) each State political subdivision
having jurisdiction over the land.
‘‘(2) LIMITATION ON APPLICATION.—Paragraph
(1) shall not apply to any acquisition that is specifi-
cally authorized by a Federal law.’’.
SEC. 206. ALLOCATION OF AMOUNTS AVAILABLE FOR STATE
PURPOSES.
(a) IN GENERAL.—Section 6(b) (16 U.S.C. 460l–8(b))
is amended to read as follows:
‘‘(b) DISTRIBUTION AMONG THE STATES.—(1) Sums
in the fund available each fiscal year for State purposes
shall be apportioned among the several States by the Sec-
retary, in accordance with this subsection. The determina-
tion of the apportionment by the Secretary shall be final.
‘‘(2) Subject to paragraph (3), of sums in the fund
available each fiscal year for State purposes—
‘‘(A) 30 percent shall be apportioned equal-
ly among the several States; and
‘‘(B) 70 percent shall be apportioned so that
the ratio that the amount apportioned to each
State under this subparagraph bears to the total
amount apportioned under this subparagraph
for the fiscal year is equal to the ratio that the
population of the State bears to the total popu-
lation of all States.
‘‘(3) The total allocation to an individual State for
a fiscal year under paragraph (2) shall not exceed 10 per-
cent of the total amount allocated to the several States under
paragraph (2) for that fiscal year.
‘‘(4) The Secretary shall notify each State of its appor-
tionment, and the amounts thereof shall be available there-
after to the State for planning, acquisition, or development
projects as hereafter described. Any amount of any appor-
tionment under this subsection that has not been paid or
obligated by the Secretary during the fiscal year in which
such notification is given and the two fiscal years thereafter
shall be reapportioned by the Secretary in accordance with
paragraph (2), but without regard to the 10 percent limita-
tion to an individual State specified in paragraph (3).
‘‘(5)(A) For the purposes of paragraph (2)(A)—
‘‘(i) the District of Columbia shall be treated as
a State; and
‘‘(ii) Puerto Rico, the Virgin Islands, Guam, and
American Samoa—
‘‘(I) shall be treated collectively as one
State; and
‘‘(II) shall each be allocated an equal share
of any amount distributed to them pursuant to
clause (i).
‘‘(B) Each of the areas referred to in subparagraph
(A) shall be treated as a State for all other purposes of this
Act.’’.
(b) TRIBES AND ALASKA NATIVE CORPORATIONS.—
Section 6(b)(5) (16 U.S.C. 460l–8(b)(5)) is further amended
by adding at the end the following new subparagraph:
‘‘(C) For the purposes of paragraph (1), all federally
recognized Indian tribes and Native Corporations (as de-
fined in section 3 of the Alaska Native Claims Settlement
Act (43 U.S.C. 1602)), shall be eligible to receive shares of
the apportionment under paragraph (1) in accordance with
a competitive grant program established by the Secretary
by rule. The total apportionment available to such tribes
and Native Corporations shall be equivalent to the amount
available to a single State. No single tribe or Native Cor-
poration shall receive a grant that constitutes more than
10 percent of the total amount made available to all tribes
and Native Corporations pursuant to the apportionment
under paragraph (1). Funds received by a tribe or Native
Corporation under this subparagraph may be expended
only for the purposes specified in paragraphs (1) and (3)
of subsection (a).’’.
(c) LOCAL ALLOCATION.—Section 6(b) (16 U.S.C.
460l–8(b)) is amended by adding at the end the following:
‘‘(6) Absent some compelling and annually docu-
mented reason to the contrary acceptable to the Secretary
of the Interior, each State (other than an area treated as
a State under paragraph (5)) shall make available as
grants to local governments, at least 50 percent of the an-
nual State apportionment, or an equivalent amount made
available from other sources.’’.
SEC. 207. STATE PLANNING.
(a) STATE ACTION AGENDA REQUIRED.—
(1) IN GENERAL.—Section 6(d) (16 U.S.C. 460l–
8(d)) is amended to read as follows:
‘‘(d) STATE ACTION AGENDA REQUIRED.—(1) Each
State may define its own priorities and criteria for selec-
tion of outdoor conservation and recreation acquisition and
development projects eligible for grants under this Act so
long as it provides for public involvement in this process
and publishes an accurate and current State Action Agenda
for Community Conservation and Recreation (in this Act
referred to as the ‘State Action Agenda’) indicating the
needs it has identified and the priorities and criteria it has
established. In order to assess its needs and establish its
overall priorities, each State, in partnership with its local
governments and Federal agencies, and in consultation with
its citizens, shall develop, within 5 years after the enact-
ment of the Conservation and Reinvestment Act of 1999,
a State Action Agenda that meets the following require-
ments:
‘‘(A) The agenda must be strategic, originating
in broad-based and long-term needs, but focused on
actions that can be funded over the next 4 years.
‘‘(B) The agenda must be updated at least once
every 4 years and certified by the Governor that the
State Action Agenda conclusions and proposed ac-
tions have been considered in an active public in-
volvement process.
‘‘(2) State Action Agendas shall take into account all
providers of conservation and recreation lands within each
State, including Federal, regional, and local government re-
sources, and shall be correlated whenever possible with other
State, regional, and local plans for parks, recreation, open
space, and wetlands conservation. Recovery action pro-
grams developed by urban localities under section 1007 of
the Urban Park and Recreation Recovery Act of 1978 shall
be used by a State as a guide to the conclusions, priorities,
and action schedules contained in State Action Agenda.
Each State shall assure that any requirements for local out-
door conservation and recreation planning, promulgated as
conditions for grants, minimize redundancy of local efforts
by allowing, wherever possible, use of the findings, prior-
ities, and implementation schedules of recovery action pro-
grams to meet such requirements.’’.
(2) EXISTING
STATE
PLANS.—Comprehensive
State Plans developed by any State under section
6(d) of the Land and Water Conservation Fund Act
of 1965 before the date that is 5 years after the enact-
ment of this Act shall remain in effect in that State
until a State Action Agenda has been adopted pursu-
ant to the amendment made by this subsection, but no
later than 5 years after the enactment of this Act.
(b) MISCELLANEOUS.—Section 6(e) (16 U.S.C. 460l–
8(e)) is amended as follows:
(1) In the matter preceding paragraph (1) by
striking ‘‘State comprehensive plan’’ and inserting
‘‘State Action Agenda’’.
(2) In paragraph (1) by striking ‘‘comprehensive
plan’’ and inserting ‘‘State Action Agenda’’.
SEC. 208. ASSISTANCE TO STATES FOR OTHER PROJECTS.
Section 6(e) (16 U.S.C. 460l–8(e)) is amended—
(1) in subsection (e)(1) by striking ‘‘, but not in-
cluding incidental costs relating to acquisition’’; and
(2) in subsection (e)(2) by inserting before the
period at the end the following: ‘‘or to enhance public
safety within a designated park or recreation area’’.
SEC. 209. CONVERSION OF PROPERTY TO OTHER USE.
Section 6(f)(3) (16 U.S.C. 460l–8(f)(3)) is amended—
(1) by inserting ‘‘(A)’’ before ‘‘No property’’; and
(2) by striking the second sentence and inserting
the following:
‘‘(B) The Secretary shall approve such conversion only
if the State demonstrates no prudent or feasible alternative
exists with the exception of those properties that no longer
meet the criteria within the State Plan or Agenda as an
outdoor conservation and recreation facility due to changes
in demographics or that must be abandoned because of envi-
ronmental contamination which endangers public health
and safety. Any conversion must satisfy such conditions as
the Secretary deems necessary to assure the substitution of
other conservation and recreation properties of at least
equal fair market value and reasonably equivalent useful-
ness and location and which are consistent with the existing
State Plan or Agenda; except that wetland areas and inter-
ests therein as identified in the wetlands provisions of the
action agenda and proposed to be acquired as suitable re-
placement property within that same State that is otherwise
acceptable to the Secretary shall be considered to be of rea-
sonably equivalent usefulness with the property proposed for
conversion.’’.
SEC. 210. WATER RIGHTS.
Title I is amended by adding at the end the following:
‘‘WATER RIGHTS
‘‘SEC. 14. Nothing in this title—
‘‘(1) invalidates or preempts State or Federal
water law or an interstate compact governing water;
‘‘(2) alters the rights of any State to any appro-
priated share of the waters of any body of surface or
ground water, whether determined by past or future
interstate compacts or by past or future legislative or
final judicial allocations;
‘‘(3) preempts or modifies any Federal or State
law, or interstate compact, dealing with water quality
or disposal; or
‘‘(4) confers on any non-Federal entity the abil-
ity to exercise any Federal right to the waters of any
stream or to any ground water resource.’’.
TITLE III—WILDLIFE CONSERVA-
TION AND RESTORATION
SEC. 301. PURPOSES.
The purposes of this title are—
(1) to extend financial and technical assistance
to the States under the Federal Aid to Wildlife Res-
toration Act for the benefit of a diverse array of wild-
life and associated habitats, including species that are
not hunted or fished, to fulfill unmet needs of wildlife
within the States in recognition of the primary role
of the States to conserve all wildlife;
(2) to assure sound conservation policies through
the development, revision, and implementation of a
comprehensive wildlife conservation and restoration
plan;
(3) to encourage State fish and wildlife agencies
to participate with the Federal Government, other
State agencies, wildlife conservation organizations,
and outdoor recreation and conservation interests
through cooperative planning and implementation of
this title; and
(4) to encourage State fish and wildlife agencies
to provide for public involvement in the process of de-
velopment and implementation of a wildlife conserva-
tion and restoration program.
SEC. 302. DEFINITIONS.
(a) REFERENCE TO LAW.—In this title, the term ‘‘Fed-
eral Aid in Wildlife Restoration Act’’ means the Act of Sep-
tember 2, 1937 (16 U.S.C. 669 and following), commonly
referred to as the Federal Aid in Wildlife Restoration Act
or the Pittman-Robertson Act.
(b) WILDLIFE CONSERVATION AND RESTORATION PRO-
GRAM.—Section 2 of the Federal Aid in Wildlife Restora-
tion Act (16 U.S.C. 669a) is amended by inserting after
‘‘shall be construed’’ the first place it appears the following:
‘‘to include the wildlife conservation and restoration pro-
gram and’’.
(c) STATE AGENCIES.—Section 2 of the Federal Aid
in Wildlife Restoration Act (16 U.S.C. 669a) is amended
by inserting ‘‘or State fish and wildlife department’’ after
‘‘State fish and game department’’.
(d) DEFINITIONS.—Section 2 of the Federal Aid in
Wildlife Restoration Act (16 U.S.C. 669a) is amended by
striking the period at the end thereof, substituting a semi-
colon, and adding the following: ‘‘the term ‘conservation’
shall be construed to mean the use of methods and proce-
dures necessary or desirable to sustain healthy populations
of wildlife including all activities associated with scientific
resources management such as research, census, monitoring
of populations, acquisition, improvement and management
of habitat, live trapping and transplantation, wildlife dam-
age management, and periodic or total protection of a spe-
cies or population as well as the taking of individuals with-
in wildlife stock or population if permitted by applicable
State and Federal law; the term ‘wildlife conservation and
restoration program’ means a program developed by a State
fish and wildlife department and approved by the Secretary
under section 4(d), the projects that constitute such a pro-
gram, which may be implemented in whole or part through
grants and contracts by a State to other State, Federal, or
local agencies (including those that gather, evaluate, and
disseminate information on wildlife and their habitats),
wildlife conservation organizations, and outdoor recreation
and conservation education entities from funds apportioned
under this title, and maintenance of such projects; the term
‘wildlife’ shall be construed to mean any species of wild,
free-ranging fauna including fish, and also fauna in cap-
tive breeding programs the object of which is to reintroduce
individuals of a depleted indigenous species into previously
occupied range; the term ‘wildlife-associated recreation’
shall be construed to mean projects intended to meet the
demand for outdoor activities associated with wildlife in-
cluding, but not limited to, hunting and fishing, wildlife
observation and photography, such projects as construction
or restoration of wildlife viewing areas, observation towers,
blinds, platforms, land and water trails, water access, trail
heads, and access for such projects; and the term ‘wildlife
conservation education’ shall be construed to mean projects,
including public outreach, intended to foster responsible
natural resource stewardship.’’.
SEC. 303. TREATMENT OF AMOUNTS TRANSFERRED FROM
CONSERVATION 
AND 
REINVESTMENT 
ACT
FUND.
Section 3 of the Federal Aid in Wildlife Restoration
Act (16 U.S.C. 669b) is amended—
(1) in subsection (a) by inserting ‘‘(1)’’ after
‘‘(a)’’, and by adding at the end the following:
‘‘(2) There is established in the Federal aid to wildlife
restoration fund a subaccount to be known as the ‘wildlife
conservation and restoration account’. Amounts transferred
to the fund for a fiscal year under section 5(b)(3) of the
Conservation and Reinvestment Act of 1999 shall be depos-
ited in the subaccount and shall be available without further
appropriation, in each fiscal year, for apportionment in
accordance with this Act to carry out State wildlife con-
servation and restoration programs.’’; and
(2) by adding at the end the following:
‘‘(c) Amounts transferred to the fund from the Con-
servation and Reinvestment Act Fund and apportioned
under subsection (a)(2) shall supplement, but not replace,
existing funds available to the States from the sport fish
restoration account and wildlife restoration account and
shall be used for the development, revision, and implementa-
tion of wildlife conservation and restoration programs and
should be used to address the unmet needs for a diverse
array of wildlife and associated habitats, including species
that are not hunted or fished, for wildlife conservation,
wildlife conservation education, and wildlife-associated
recreation projects. Such funds may be used for new pro-
grams and projects as well as to enhance existing programs
and projects.
‘‘(d)(1) Notwithstanding subsections (a) and (b) of this
section, with respect to amounts transferred to the fund
from the Conservation and Reinvestment Act Fund so much
of such amounts as is apportioned to any State for any
fiscal year and as remains unexpended at the close thereof
shall remain available for expenditure in that State until
the close of—
‘‘(A) the fourth succeeding fiscal year, in the case
of amounts transferred in any of the first 10 fiscal
years beginning after the date of enactment of the
Conservation and Reinvestment Act of 1999; or
‘‘(B) the second succeeding fiscal year, in the
case of amounts transferred in a fiscal year beginning
after the 10-fiscal-year period referred to in subpara-
graph (A).
‘‘(2) Any amount apportioned to a State under this
subsection that is unexpended or unobligated at the end of
the period during which it is available under paragraph
(1) shall be reapportioned to all States during the suc-
ceeding fiscal year.’’.
SEC. 304. APPORTIONMENT OF AMOUNTS TRANSFERRED
FROM CONSERVATION AND REINVESTMENT
ACT FUND.
(a) IN GENERAL.—Section 4 of the Federal Aid in
Wildlife Restoration Act (16 U.S.C. 669c) is amended by
adding at the end the following new subsection:
‘‘(c) AMOUNTS TRANSFERRED FROM CONSERVATION
AND REINVESTMENT ACT FUND.—(1) The Secretary of the
Interior shall make the following apportionment from the
amount transferred to the fund from the Conservation and
Reinvestment Act Fund for each fiscal year:
‘‘(A) To the District of Columbia and to the
Commonwealth of Puerto Rico, each a sum equal to
not more than 1⁄2 of 1 percent thereof.
‘‘(B) To Guam, American Samoa, the Virgin Is-
lands, and the Commonwealth of the Northern Mar-
iana Islands, each a sum equal to not more than 1⁄6
of 1 percent thereof.
‘‘(2)(A) The Secretary of the Interior, after making the
apportionment under paragraph (1), shall apportion the re-
mainder of the amount transferred to the fund from the
Conservation and Reinvestment Act Fund for each fiscal
year among the States in the following manner:
‘‘(i) 1⁄3 of which is based on the ratio to which
the land area of such State bears to the total land
area of all such States.
‘‘(ii) 2⁄3 of which is based on the ratio to which
the population of such State bears to the total popu-
lation of all such States.
‘‘(B) The amounts apportioned under this paragraph
shall be adjusted equitably so that no such State shall be
apportioned a sum which is less than 1⁄2 of 1 percent of
the amount available for apportionment under this para-
graph for any fiscal year or more than 5 percent of such
amount.
‘‘(3) Amounts transferred to the fund from the Con-
servation and Reinvestment Act Fund shall not be available
for any expenses incurred in the administration and execu-
tion of programs carried out with such amounts.
‘‘(d) WILDLIFE CONSERVATION
AND RESTORATION
PROGRAMS.—(1) Any State, through its fish and wildlife
department, may apply to the Secretary of the Interior for
approval of a wildlife conservation and restoration pro-
gram, or for funds to develop a program. To apply, a State
shall submit a comprehensive plan that includes—
‘‘(A) provisions vesting in the fish and wildlife
department of the State overall responsibility and ac-
countability for the program;
‘‘(B) provisions for the development and imple-
mentation of—
‘‘(i) wildlife conservation projects that ex-
pand and support existing wildlife programs,
giving appropriate consideration to all wildlife;
‘‘(ii) wildlife-associated recreation projects;
and
‘‘(iii) 
wildlife 
conservation 
education
projects pursuant to programs under section
8(a); and
‘‘(C) provisions to ensure public participation in
the development, revision, and implementation of
projects and programs required under this paragraph.
‘‘(2) A State shall provide an opportunity for public
participation in the development of the comprehensive plan
required under paragraph (1).
‘‘(3) If the Secretary finds that the comprehensive plan
submitted by a State complies with paragraph (1), the Sec-
retary shall approve the wildlife conservation and restora-
tion program of the State and set aside from the apportion-
ment to the State made pursuant to subsection (c) an
amount that shall not exceed 75 percent of the estimated
cost of developing and implementing the program.
‘‘(4)(A) Except as provided in subparagraph (B), after
the Secretary approves a State’s wildlife conservation and
restoration program, the Secretary may make payments on
a project that is a segment of the State’s wildlife conserva-