I
107TH CONGRESS
1ST SESSION
H. R. 701
To use royalties from Outer Continental Shelf oil and gas production 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 14, 2001
Mr. YOUNG of Alaska (for himself, Mr. DINGELL, Mr. TAUZIN, Mr. GEORGE
MILLER of California, Mr. JOHN, Mr. HANSEN, Mr. RAHALL, Mr. KIL-
DEE, Mr. COOKSEY, and Mr. SAXTON) introduced the following bill; which
was referred to the Committee on Resources
A BILL
To use royalties from Outer Continental Shelf oil and gas
production to establish a fund to meet the outdoor con-
servation 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’’.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this division is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Definitions.
Sec. 4. Annual reports.
Sec. 5. Conservation and Reinvestment Act Fund.
Sec. 6. Limitation on use of available amounts for administration.
Sec. 7. Recordkeeping requirements.
Sec. 8. Maintenance of effort and matching funding.
Sec. 9. Sunset.
Sec. 10. Protection of private property rights.
Sec. 11. Signs.
TITLE I—IMPACT ASSISTANCE AND COASTAL CONSERVATION
Sec. 101. Impact assistance formula and payments.
Sec. 102. Coastal State conservation and impact assistance plans.
TITLE II—LAND AND WATER CONSERVATION FUND
REVITALIZATION
Sec. 201. Amendment of Land and Water Conservation Fund Act of 1965.
Sec. 202. Extension of fund; treatment of amounts transferred from Conserva-
tion and Reinvestment Act Fund.
Sec. 203. Availability of amounts.
Sec. 204. Allocation of Fund.
Sec. 205. Use of Federal portion.
Sec. 206. Allocation of amounts available for State purposes.
Sec. 207. State planning.
Sec. 208. Assistance to States for other projects.
Sec. 209. Conversion of property to other use.
Sec. 210. Water rights.
Sec. 211. Requirements for acquisition of lands in Montana with Federal por-
tion.
TITLE III—WILDLIFE CONSERVATION AND RESTORATION
Sec. 301. Purpose.
Sec. 302. Technical correction.
Sec. 303. Treatment of amounts transferred from Conservation and Reinvest-
ment Act Fund.
Sec. 304. Apportionment to Indian tribes.
Sec. 305. Existing appropriations not affected.
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 Reinvest-
ment 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 Reinvest-
ment Act Fund.
Sec. 502. State use of historic preservation assistance for national heritage
areas and corridors.
Sec. 503. Funding for maritime heritage programs.
TITLE VI—FEDERAL AND INDIAN LANDS RESTORATION
Sec. 601. Purpose.
Sec. 602. Treatment of amounts transferred from Conservation and Reinvest-
ment Act Fund; allocation.
Sec. 603. Authorized uses of transferred amounts.
Sec. 604. Indian tribe defined.
TITLE VII—ENDANGERED AND THREATENED SPECIES
RECOVERY
Sec. 701. Purposes.
Sec. 702. Treatment of amounts transferred from Conservation and Reinvest-
ment Act Fund.
Sec. 703. Endangered and threatened species recovery assistance.
Sec. 704. Endangered and Threatened Species Recovery Agreements.
Sec. 705. Definitions.
TITLE VIII—FUNDING FOR PAYMENTS IN LIEU OF TAXES AND
REFUGE REVENUE SHARING
Sec. 801. Purpose.
Sec. 802. Treatment of amounts transferred from Conservation and Reinvest-
ment Act Fund.
TITLE IX—PROTECTION OF SOCIAL SECURITY AND MEDICARE
BENEFITS
Sec. 901. Protection of social security and medicare benefits.
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 Bu-
reau, contained in whole or in part within the des-
ignated 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 et
seq.).
(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 Coast-
al Zone Management Act (16 U.S.C. 1453)).
(3) The term ‘‘coastal State’’ has the same
meaning 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 et seq.).
(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
elected official of a State or of any other political en-
tity 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 et seq.), the Pittman-Robertson
Wildlife Restoration Act (16 U.S.C. 669 et seq.), the
Urban Park and Recreation Recovery Act of 1978
(16 U.S.C. 2501 et seq.), or the National Historic
Preservation Act (16 U.S.C. 470h et seq.).
(8) The term ‘‘Indian tribe’’—
(A) except as provided in subparagraph
(B), means any federally recognized Indian
tribe; and
(B) in the case of Alaska, means only a
Native corporation, as that term is defined in
section 3 of the Alaska Native Claims Settle-
ment Act (43 U.S.C. 1602).
(9) The term ‘‘leased tract’’ means a tract,
leased under section 6 or 8 of the Outer Continental
Shelf Lands Act (43 U.S.C. 1335, 1337) for the
purpose of drilling for, developing, and producing oil
or natural gas resources, which is a unit consisting
of either a block, a portion of a block, a combination
of blocks or portions of blocks, or a combination of
portions of blocks, as specified in the lease, and as
depicted on an Outer Continental Shelf Official Pro-
traction Diagram.
(10) The term ‘‘Outer Continental Shelf’’
means all submerged lands lying seaward and out-
side 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.
(11) 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 within, a county, parish, or borough, the Sec-
retary may recognize an area under the jurisdiction
of such other entities of general government as a po-
litical subdivision for purposes of this title.
(12) 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 located in a geographic area subject to a leas-
ing moratorium on January 1, 2001 (unless the
lease was issued prior to the establishment of the
moratorium and was in production on January 1,
2001).
(13) 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 geo-
graphic center of which lies within a distance of 200
miles from any part of the coastline of any coastal
State, including bonus bids, rents, royalties (includ-
ing payments for royalty taken in kind and sold),
net profit share payments, and related late-payment
interest from natural gas and oil leases issued pur-
suant to the Outer Continental Shelf Lands Act.
Such term does not include any revenues from 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, 2001, unless the lease was
issued prior to the establishment of the moratorium
and was in production on January 1, 2001.
(14) The term ‘‘Secretary’’ means the Secretary
of the Interior or the Secretary’s designee, except as
otherwise specifically provided.
(15) The term ‘‘Fund’’ means the Conservation
and Reinvestment Act Fund established under sec-
tion 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 written report to the Secretary of the Interior. The re-
port shall include, in accordance with regulations pre-
scribed by the Secretary, 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 provi-
sions of law to the Secretary by the Governor regarding
any portion of such moneys.
(b) REPORT TO CONGRESS.—On January 1 of each
year the Secretary of the Interior shall submit an annual
report to the Congress documenting all moneys expended
by the Secretary of the Interior from the Fund during the
previous fiscal year and summarizing the contents of the
Governors’ reports submitted to the Secretaries under
subsection (a).
SEC. 5. CONSERVATION AND REINVESTMENT ACT FUND.
(a) ESTABLISHMENT
OF FUND.—There is estab-
lished 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 2001,
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
$3,125,000,000 and the amounts deposited in the
Fund under paragraphs (2) and (3), notwith-
standing 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).
(b) TRANSFER FOR EXPENDITURE.—In each fiscal
year after the fiscal year 2002, 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 In-
terior 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 nec-
essary 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
Pittman-Robertson Wildlife Restoration Act (16
U.S.C. 669b).
(4) $125,000,000 to the Secretary of the Inte-
rior to carry out the Urban Park and Recreation Re-
covery Act of 1978 (16 U.S.C. 2501 et seq.).
(5) $160,000,000 to the Secretary of the Inte-
rior for historic preservation purposes, of which—
(A) $150,000,000 shall be used to carry
out the National Historic Preservation Act (16
U.S.C. 470 et seq.); and
(B) $10,000,000 shall be used to carry out
the National Maritime Heritage Act of 1994.
(6) $200,000,000 to the Secretary of the Inte-
rior and the Secretary of Agriculture to carry out
title VI of this Act.
(7) $50,000,000 to the Secretary of the Interior
to develop and implement Endangered and Threat-
ened Species Recovery Agreements under of title VII
of this Act.
(8) $350,000,000 to the Secretary of the Inte-
rior to carry out title VIII of this Act.
(c) SHORTFALL.—If amounts referred to in para-
graphs (1) through (3) of subsection (a) in any fiscal year
after the fiscal year 2001 are less than $3,125,000,000,
the amounts transferred under paragraphs (1) through (8)
of subsection (b) for that fiscal year shall each be reduced
proportionately.
(d) INTEREST.—The Secretary of the Treasury shall
invest moneys in the Fund (including interest), and in any
fund or account to which moneys are transferred pursuant
to subsection (b) of this section, in public debt securities
with maturities suitable to the needs of the Fund, as de-
termined by the Secretary of the Treasury, and bearing
interest at rates determined by the Secretary of the Treas-
ury, taking into consideration current market yields on
outstanding marketable obligations of the United States
of comparable maturity. Such invested moneys shall re-
main invested until needed to meet requirements for dis-
bursement for the programs financed under this Act.
(e) REFUNDS.—In those instances where through ju-
dicial decision, administrative review, arbitration, or other
means there are royalty refunds owed to entities gener-
ating revenues under this title, refunds shall be paid by
the Secretary of the Treasury from amounts available in
the Fund to the extent that such refunds are attributable
to qualified Outer Continental Shelf revenues deposited in
the Fund under this Act.
(f) INTENT OF CONGRESS TO SUPPLEMENT ANNUAL
APPROPRIATIONS
FOR
NATIONAL
PARK
SERVICE.—
Amounts made available by this Act are intended by the
Congress to supplement, and not detract from, annual ap-
propriations for the National Park Service.
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 section
4(c)(3) of the Pittman-Robertson Wildlife Restoration
Act.
SEC. 7. RECORDKEEPING REQUIREMENTS.
The Secretary of the Interior in consultation with the
Secretary of Agriculture shall establish such rules regard-
ing recordkeeping by State and local governments and the
auditing of expenditures made by State and local govern-
ments from funds made available under this Act as may
be necessary. Such rules shall be in addition to other re-
quirements established regarding recordkeeping and the
auditing of such expenditures under other authority of
law.
SEC. 8. MAINTENANCE OF EFFORT AND MATCHING FUND-
ING.
(a) IN GENERAL.—It is the intent of the Congress
in this Act that States not use this Act as an opportunity
to reduce State or local resources for the programs funded
by this Act. 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-Fed-
eral funds for recurrent expenditures for programs for
which funding is provided under this Act will be less than
its expenditures were for such programs during the pre-
ceding fiscal year. No State or local government shall re-
ceive funding under this Act with respect to a program
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.
(b) EXCEPTION.—The Secretary may provide fund-
ing under this Act to a State or local government not
meeting the requirements of subsection (a) if the Sec-
retary determines that a reduction in expenditures—
(1) is attributable to a nonselective reduction in
expenditures for the programs of all executive
branch agencies of the State or local government; or
(2) is a result of reductions in State or local
revenue as a result of a downturn in the economy.
(c) USE OF FUND TO MEET MATCHING REQUIRE-
MENTS.—All funds received by a State or local govern-
ment 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. 9. SUNSET.
This Act, including the amendments made by this
Act, shall have no force or effect after September 30,
2015.
SEC. 10. 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 or water until the lands or water, or an interest
therein, is acquired, unless authorized to do so by another
Act of Congress.
SEC. 11. 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 as-
sistance shall include on any sign otherwise installed at
that site at or near an entrance or public use focal point,
a statement 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 al-
located by the Secretary of the Interior among coast-
al States as provided in this section in each such fis-
cal year. In each such fiscal year, the Secretary of
the Interior shall, without further appropriation, dis-
burse such allocated funds to those coastal States
for which the Secretary has approved a Coastal
State Conservation 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 re-
ports 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 ac-
counting procedures as may be necessary to assure
proper disbursement and accounting for Federal rev-
enues paid to the State under this title.
(2) FAILURE TO HAVE PLAN APPROVED.—At
the end of each fiscal year, the Secretary shall re-
turn to the Conservation and Reinvestment Act
Fund any amount that the Secretary allocated, but
did not disburse, 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 allocated, but not disbursed, to
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. Each
such State’s allocable share of the revenues dis-
bursed under paragraph (1)(A) shall be based on
qualified Outer Continental Shelf revenues from
each leased tract or portion of a leased tract the ge-
ographic center of which is within a distance (to the
nearest whole mile) of 200 miles from the coastline
of the State and shall be inversely proportional to
the distance between the nearest point on the coast-
line of such State and the geographic center of each
such leased tract or portion, as determined by the
Secretary. 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 sub-
ject to a leasing moratorium on January 1, 2001,
unless the lease was issued prior to the establish-
ment of the moratorium and was in production on
January 1, 2001.
(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
approved coastal management program (as de-
fined 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 revenues transferred by the Sec-
retary of the Treasury to the Secretary of the
Interior for purposes of this title for that fiscal
year under subsection (a). For any other coast-
al State the allocable share of such revenues
shall not be less than 0.25 percent of such reve-
nues.
(B) 
RECOMPUTATION.—Where 
one 
or
more coastal States’ allocable shares, as com-
puted under paragraphs (1) and (2), are in-
creased by any amount under this paragraph,
the allocable share for all other coastal States
shall be recomputed and reduced by the same
amount so that not more than 100 percent of
the amount transferred 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 allocated 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 deter-
mined under subsection (b), to the coastal political sub-
divisions in such State. Such payments shall be allocated
among such coastal political subdivisions of the State ac-
cording to an allocation formula analogous to the alloca-
tion 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 the closest
leased tract with qualified Outer Continental Shelf reve-
nues.
(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
revenues 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 As-
sistance Plan. In the case of a producing State, the Gov-
ernor shall incorporate the plans of the coastal political
subdivisions into the Statewide plan for transmittal to the
Secretary. The Governor shall solicit local input and shall
provide 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 dis-
bursement of funds under this title by the Secretary.
The Secretary shall approve the Statewide plan if
the Secretary 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 shall include (i) a description of
how the plan will address environmental con-
cerns, (ii) for producing States, a description of
how funds will be used to address the impacts
of oil and gas production from the Outer Conti-
nental Shelf, and (iii) a description of how the
State will evaluate the effectiveness of the plan.
(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 dis-
approve the plan by not later than 30 days before
the beginning of that fiscal year.
(3) AMENDMENT OR REVISION.—Any amend-
ment to or revision of the plan shall be prepared in
accordance 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 FUND-
ING.—The funds provided under this title to a coastal
State and for coastal political subdivisions are authorized
to be used in compliance with Federal and State law 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
waters or both, cooperative State, interstate, and
Federal fishery or marine mammal stock surveys or
both, cooperative initiatives with university and pri-
vate entities for fishery and marine mammal sur-
veys, activities related to marine mammal and fish-
ery interactions, and other coastal living marine re-
sources 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 implementa-
tion of population surveys, assessments and moni-
toring plans, and the preparation and implementa-
tion of State fishery management plans developed by
interstate 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 man-
agement 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 sec-
tion 7, the Secretary shall review the expenditures made
by each State and coastal political subdivision from funds
made available under this title. If the Secretary deter-
mines that any expenditure made by a State or coastal
political subdivision of a State from such funds is not con-
sistent 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 expendi-
ture have been repaid to the Conservation and Reinvest-
ment 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 provi-
sion, the reference shall be considered to be made to a
section or other provision of the Land and Water Con-
servation Fund Act of 1965 (16 U.S.C. 460l–4 et seq.).
SEC. 202. EXTENSION OF FUND; TREATMENT OF AMOUNTS
TRANSFERRED FROM CONSERVATION AND
REINVESTMENT ACT FUND.
Section 2(c) is amended to read as follows:
‘‘(c) AMOUNTS TRANSFERRED FROM CONSERVATION
AND REINVESTMENT ACT FUND.—In addition to the sum
of the revenues and collections estimated by the Secretary
of the Interior to be covered into the fund pursuant to
subsections (a) and (b) of this section, there shall be cov-
ered into the fund all amounts transferred to the fund
under section 5(b)(2) of the Conservation and Reinvest-
ment Act.’’.
SEC. 203. AVAILABILITY OF AMOUNTS.
Section 3 (16 U.S.C. 460l–6) is amended to read as
follows:
‘‘APPROPRIATIONS
‘‘SEC. 3. (a) IN GENERAL.—There are authorized to
be appropriated to the Secretary from the fund to carry
out this Act not more than $900,000,000 in any fiscal
year after the fiscal year 2002. Amounts transferred to
the fund from the Conservation and Reinvestment Act
Fund and amounts covered into the fund under sub-
sections (a) and (b) of section 2 shall be available to the
Secretary in fiscal years after the fiscal year 2002 without
further appropriation to carry out this Act.
‘‘(b) OBLIGATION AND EXPENDITURE OF AVAILABLE
AMOUNTS.—Amounts available for obligation or expendi-
ture from the fund or from the special account established
under section 4(i)(1) may be obligated or expended only
as provided in this Act.’’.
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 fis-
cal 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
Federal 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.
‘‘(2) TRANSMISSION
OF
LIST.—(A) The Sec-
retary of the Interior and the Secretary of Agri-
culture shall jointly transmit to the appropriate au-
thorizing and appropriations committees of the
House of Representatives 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 under subparagraph
(A), the Secretary shall—
‘‘(i) seek to consolidate Federal land-
holdings in States with checkerboard Federal
land ownership patterns;
‘‘(ii) consider the use of equal value land
exchanges, where feasible and suitable, as an al-
ternative means of land acquisition;
‘‘(iii) consider the use of permanent con-
servation easements, where feasible and suit-
able, 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 recre-
ation use values, and similar considerations.
‘‘(C) The Secretary of the Interior and the Sec-
retary of Agriculture shall each—
‘‘(i) transmit, with the list transmitted
under subparagraph (A), a separate list of
those lands under the administrative jurisdic-
tion of the Secretary that have been identified
in applicable land management plans as surplus
and eligible for disposal as provided for by law;
and
‘‘(ii) update each list to be transmitted
under clause (i) as land management plans are
amended or revised.
‘‘(3) INFORMATION REGARDING PROPOSED AC-
QUISITIONS.—Each list under paragraph (2)(A)
shall include, for each proposed 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 Sec-
retary administering the acquisition, by not later than 30
days after the date the Secretaries submit the list under
subsection (e)(2)(A) for the fiscal year, provides notice of
the proposed acquisition—
‘‘(1) in writing to each Member of and each
Delegate and Resident Commissioner to the Con-
gress 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
FEDERAL 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
complied 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
Committee on Energy and Natural Resources of
the Senate, and the Committees on Appropria-
tions 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 Dele-
gate 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 equally
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 population of all States.
No amount may be apportioned under this paragraph to
any State (herein referred to as an ‘unfunded State’) that
has not established a dedicated State land acquisition fund
that is funded through the State’s budget process. The
amount that would have been apportioned to any such un-
funded State under this paragraph shall be reapportioned
to other States in accordance with subparagraphs (A) and
(B).
‘‘(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 ap-
portionment, and the amounts thereof shall be available
thereafter to the State for planning, acquisition, or devel-
general purpose local governments are encouraged to co-
ordinate preparation of recovery action programs required
by this title with State Plans or Agendas required under
section 6 of the Land and Water Conservation Fund Act
of 1965, including by allowing flexibility in preparation of
recovery action programs so they may be used to meet
State and local qualifications for local receipt of Land and
Water Conservation Fund grants or State grants for simi-
lar purposes or for other conservation or recreation pur-
poses.
‘‘(2) The Secretary shall encourage States to consider
the findings, priorities, strategies, and schedules included
in the recovery action programs of their urban localities
in preparation and updating of State plans in accordance
with the public coordination and citizen consultation re-
quirements of subsection 6(d) of the Land and Water Con-
servation Fund Act of 1965.’’.
SEC. 410. CONVERSION OF RECREATION PROPERTY.
Section 1010 (16 U.S.C. 2509) is amended to read
as follows:
‘‘CONVERSION OF RECREATION PROPERTY
‘‘SEC. 1010. (a)(1) No property developed, acquired,
or rehabilitated under this title shall, without the approval
of the Secretary, be converted to any purpose other than
public recreation purposes.
‘‘(2) Paragraph (1) shall apply to—