SEC. 2. FINDINGS AND PURPOSE.
(a) FINDINGS.—The Congress finds that—
(1) the population of the United States contin-
ues to expand and the availability of open space con-
tinues to decrease in many regions of the Nation, es-
pecially near large metropolitan areas;
(2) State governments and local communities
are increasingly hard-pressed to provide adequate
funding for recreation;
(3) State governments and local communities
have not received funding as intended under the
original Land and Water Conservation Fund Act in
which 60 percent of appropriated funds was ex-
pected to be dedicated to State and local purposes;
(4) the recreation and open space needs of
State governments and local communities have
changed and now represent a more dynamic and
fluid environment that requires greater flexibility in
the ways in which Federal funds can be used by the
States and communities;
(5) absent a secure base of funding, State and
local budgets are inadequate under current economic
circumstances to support the existing outdoor recre-
ation infrastructure established by such Act or to ex-
pand State and local recreational resources to meet
the population increases and changing demographic
configurations of citizens seeking outdoor recreation
opportunities;
(6) the States have not received an equitable
proportion of funding sufficient for their outdoor
recreation purposes as Congress intended in order to
encourage State and local action consistent with the
State’s pivotal role in providing public outdoor recre-
ation;
(7) the public is increasingly supportive of link-
ing the protection of natural, historic, and cultural
resources;
(8) in addition to the benefits of outdoor recre-
ation on public health that are recognized by the
Land and Water Conservation Fund Act of 1965
(16 U.S.C. 460l–4 and following), outdoor recreation
and the availability of open space within urban areas
are effective in lowering vandalism and juvenile
crime, and provide healthy environments for public
accommodation, enjoyment, and exercise;
(9) urban and land use planners urgently rec-
ommend the increased use of ‘‘green spaces’’ in ur-
banized areas in order to mitigate environmental
and population impacts and protect surface and sub-
surface waters and wetlands that occur in or near
large populated areas; and
(10) the population of the United States contin-
ues to expand and the availability of open space con-
tinues to decrease in many regions of the United
States, especially near large metropolitan areas.
(b) PURPOSE.—It is the purpose of this Act to in-
crease assistance to States, local governments, and private
nonprofit organizations to carry out measures to protect
and preserve the recreational, environmental, natural, sce-
nic, historic, and cultural resources of areas of local, State,
regional, and interstate significance, for the benefit of
present and future generations of Americans.
SEC. 3. FINANCIAL ASSISTANCE TO STATES.
(a) STATE SHARE.—Section 5 of the Land and
Water Conservation Fund Act of 1965 (16 U.S.C. 460–
7) is amended—
(1)
by
inserting
‘‘(a)’’
before
‘‘ALLOCA-
TION.—’’; and
(2) by adding the following new subsection at
the end thereof:
‘‘(b) STATE ALLOCATION.—(1) Except as provided in
paragraph (2), for the fiscal year 1994 and thereafter not
less than the following percentage of appropriations from
the fund shall be available for purposes of providing finan-
cial assistance to States under section 6:
Minimum Allocation for
Fiscal Year
Assistance to States
1994 ..................................................................................
30 percent
1995 ..................................................................................
40 percent
1996 and thereafter ..........................................................
50 percent’’.
‘‘(2) Paragraph (1) shall be applicable in fiscal year
1993 and thereafter only to the extent that compliance
with such paragraph does not have the effect of reducing
the amount of funds appropriated for Federal purposes
under section 7 in the fiscal year concerned below the total
amount appropriated for Federal purposes under section
7 in fiscal year 1992.’’.
(b) USES OF STATE ASSISTANCE.—Section 6 of the
Land and Water Conservation Fund Act of 1965 (16
U.S.C. 460l–8) is amended as follows:
(1) MATCHING
REQUIREMENTS.—In the first
sentence of subsection (c), by striking out the period
and inserting in lieu thereof the following: ‘‘, except
as otherwise provided in this subsection and sub-
section (h). Payments to States may cover not more
than 75 percent of the cost of acquisition of lands,
waters, and interests therein which (1) are within
the boundaries of units of the Wild and Scenic Riv-
ers System, (2) are within designated corridors of
scenic or historic trail components of the National
Trails System, or (3) are necessary or appropriate to
protect national historic landmarks or national natu-
ral landmarks. Payments to States may also cover
not more than 75 percent of the cost of revising
comprehensive State outdoor recreation plans to con-
form to the requirements of subsection (d)(2).’’.
(2) PRIVATE NONPROFIT ORGANIZATIONS.—In
paragraph (2) of subsection (f), by striking out the
period at the end thereof and inserting the following:
‘‘or to a qualified nonprofit organization, if such pri-
vate nonprofit organizations (A) meet and comply
with such guidelines for the receipt and use of such
funds as may be prescribed by the Secretary, includ-
ing providing full accountability for the use of such
funds, and (B) utilize such funds only in association
with the acquisition of lands, the development of fa-
cilities, or for programs related to planning and co-
ordination functions, all as approved in writing by
the funds grantor. Funds may also be transferred
from political subdivisions or other appropriate pub-
lic agencies to qualified nonprofit organizations. No
such funds may be used by a private nonprofit orga-
nization for administrative expenses. In the case of
funds used for acquisition, the recipient organization
shall itself hold, or shall convey in perpetuity in a
timely manner, such interest as it may have to an
appropriate recipient, as determined by the funds
grantor, for public benefit. For purposes of this
paragraph, the term ‘qualified nonprofit organiza-
tion’ means an organization qualified for exemption
from income taxes under section 501(c)(3) of the In-
ternal Revenue Code of 1986 which includes among
its purposes the conservation of open space or the
providing of, or enhancement or protection of, out-
door recreation opportunities.’’.
(3) DEVELOPMENT
FUNDS.—Strike out the
colon and all that follows in subsection (e)(2) and
insert a period and the following: ‘‘For purposes of
this Act, the term ‘outdoor recreation facilities’ may
include sheltered facilities. Not more than 10 per-
cent of the total amount allocated to any State
under subsection (b) in any one fiscal year may be
used for development of sheltered facilities and for
non-routine maintenance of any facilities acquired
and developed with financial assistance under this
section. Nothing in the preceding sentence shall be
construed to authorize the use of funds provided
under this section for any other maintenance.’’.
(4) ADDITIONAL PROVISIONS.—Add the follow-
ing new subsection at the end thereof:
‘‘(h) LOCAL PLANNING ASSISTANCE.—Notwithstand-
ing the provisions of subsection (c), any county or other
political subdivision of a State which is qualified to be a
recipient of funds allocated to the States from this Act
for acquisition purposes, may receive funds to cover not
more than 50 percent of the cost of developing a local
plan, or revising an existing plan, to retain land for recre-
ation and open space preservation purposes. Such plan
shall address specific needs and priorities for land con-
servation and recreation development. Such plan shall be
developed or revised by providing ample opportunity for
public participation in accordance with the provisions of
subsection (d). Following official adoption of such plan
and through September 30, 1997, such county or other
governmental entity may receive funds to cover not more
than 60 percent of the cost of the acquisition of lands,
waters or interests therein in accordance with the provi-
sions of such officially adopted plan.’’.
(5) INDIAN TRIBES AND ALASKA NATIVE VIL-
LAGE
CORPORATIONS.—In paragraph (5) of sub-
section (b), by inserting ‘‘(A)’’ after ‘‘(5)’’ and by
adding the following at the end thereof:
‘‘(B)(i) For purposes of paragraph (1), feder-
ally recognized Indian tribes and Alaska Native Vil-
lage Corporations (as defined in section 3(j) of the
Alaska Native Claims Settlement Act (43 U.S.C.
1602(j)) shall be treated collectively as one State
and shall receive shares of the apportionment under
paragraph (1) in accordance with a competitive
grant program established by the Secretary by rule.
Such rule shall assure that no single tribe or village
corporation receives funds under such program in
any fiscal year which exceeds 10 percent of the total
amount made available in that fiscal year to all
tribes and village corporations pursuant to the ap-
portionment under paragraph (1). Funds received by
an Indian tribe or village corporation under this sub-
paragraph may be expended only for the purposes
specified in subsection (a) (1) and (3).
‘‘(ii) In each fiscal year, in lieu of receiving
funds under clause (i), a tribe or Village Corporation
may establish, by written agreement with the State
in which the tribe or Corporation is located, the
right of the tribe or Village Corporation to compete
for a portion of the funds made available to the
State pursuant to this section. Any tribe or corpora-
tion which enters into an agreement under this
clause shall not be included as part of the collective
allocation under clause (i) or within the 10 percent
limitation referred to in clause (i). Each State’s
comprehensive statewide outdoor recreation plan
shall describe any agreement entered into pursuant
to this clause.’’.
SEC. 4. STATEWIDE COMPREHENSIVE OUTDOOR RECRE-
ATION PLANS.
Section 6(d) of the Land and Water Conservation
Fund Act of 1965 (16 U.S.C. 460l–8(d)) is amended by
inserting ‘‘(1)’’ immediately after the subsection heading,
by redesignating paragraphs (1), (2), (3) and (4) as sub-
paragraphs (A), (B), (C), and (D), respectively, and by
adding the following at the end thereof:
‘‘(2) For fiscal year 1995 and thereafter, each state-
wide outdoor recreation plan shall contain each of the
following:
‘‘(A) A brief description of Federal and State
activities that adversely affect open space and rec-
reational resources in the State.
‘‘(B) A brief and concise evaluation of the ex-
tent, in general, to which local zoning or the lack of
zoning contributes to degradation of State and local
projects funded with assistance provided under this
Act.’’.
SEC. 5. OPEN SPACE PRESERVATION.
The Land and Water Conservation Fund Act of 1965
(16 U.S.C. 460l–4 and following) is amended by adding
the following new title at the end thereof:
‘‘TITLE III—OPEN SPACE
PRESERVATION
‘‘SEC. 301. ESTABLISHMENT.
‘‘There is hereby established a program to provide
Federal assistance to States, counties, municipalities, re-
gional or interstate governments, or an agency thereof,
private nonprofit organizations, or any combination there-
of, to carry out programs and projects to provide public
benefit through the protection or establishment of the
following:
‘‘(1) Greenways, which shall be linear parks or
open spaces linking natural and cultural features
within or near metropolitan areas. Such linear open
spaces may be established along a natural or other
existing corridor. Such linked strip or linear parks
designated as parkways or greenbelts shall provide
for outdoor recreation and may additionally provide
natural or landscaped alternative transportation
routes, wildlife habitat, improvement of air and
water quality, increased flood control, and other at-
tributes of open space important to human health
and welfare.
‘‘(2) Urban Open Space Preserves, which shall
be open spaces with natural, rural, or agricultural
character within large metropolitan areas. Such des-
ignated open spaces shall provide recreational oppor-
tunities and may additionally increase social, aes-
thetic, and environmental qualities of neighborhoods
and communities, and may provide wildlife habitat,
and migration corridors, improve air quality, in-
crease protection from floods and other natural haz-
ards, conserve agricultural or forest resources, create
community buffers or enable the maintenance of
other attributes of open space important to human
health and welfare.
‘‘SEC. 302. STUDIES.
‘‘(a) GENERAL AUTHORITY.—Pursuant to an author-
ization by Act of Congress, the Secretary of the Interior,
or the Secretary of the Interior in cooperation with the
Secretary of Agriculture, shall carry out such studies
under this section as are hereafter authorized by the Con-
gress for the purpose of evaluating the extent to which
Federal assistance under section 303 for areas specified
in any such congressional authorization would further the
objectives specified in paragraph (1) or (2) of section 301
as well as whether such assistance would—
‘‘(1) maximize cooperation between govern-
mental and private entities;
‘‘(2) permit or enhance the linking of other ex-
isting or potential open space units; and
‘‘(3) demonstrate the values of open space and
reduce the social and economic pressures threatening
the continued availability of open space resources.
A study under this section shall be carried out by the Sec-
retary in consultation with interested local, State, and
interstate agencies, public and private organizations, and
concerned landowners and land users. The Secretary shall
have authority to contract with an appropriate State
agency to conduct such studies.
‘‘(b) ITEMS INCLUDED IN STUDY.—Each study of an
area pursuant to this section shall include each of the
following:
‘‘(1) A map of the study area.
‘‘(2) A statement of or strategy for developing
a statement of goals and policies to guide the future
of the area under study.
‘‘(3) A description of the characteristics of the
area which make the proposed area worthy of assist-
ance under section 303. Such description shall in-
clude a summary of any comments submitted by any
government agency, public or private organization,
or affected landowner or land user.
‘‘(4) An analysis of the current status of public
and private land ownership and an analysis of cur-
rent public and private land use within the area, in-
cluding an assessment of the attitudes of landowners
and local officials toward present and future uses of
the study area.
‘‘(5) An analysis of measures which have been
or may be taken by Federal, State, and local govern-
ments, and by all other private and public entities
to protect, preserve, and enhance, the recreational,
environmental, natural, aesthetic, historic, and cul-
tural values of the area, and the associated costs.
‘‘(6) An analysis of economic and social benefits
and costs which may result from current and alter-
native land use scenarios.
‘‘(7) A public involvement plan.
‘‘(8) A strategy for identifying sources of reve-
nues and assistance to aid in the future manage-
ment or protection of the area.
‘‘(c) SUBMISSION TO CONGRESS; OTHER STUDIES.—
Upon his completion of any study carried out by the Sec-
retary under this section, the Secretary shall submit such
study to Congress. Any study initiated and conducted by
any State or local government or by any nonprofit organi-
zation regarding the preservation of an open space area
referred to in section 301 may be submitted to the Sec-
retary in lieu of a study conducted by the Secretary. Un-
less the Secretary finds, after notice and public hearing,
that such study has not been carried out in consultation
with interested local, State, and interstate agencies, public
and private organizations, and landowners and land users
concerned or that the study is not generally consistent
with subsections (a) and (b) of this section, the Secretary
shall submit such study to the Congress, together with any
comments which the Secretary deems appropriate within
6 months after his receipt thereof.
‘‘SEC. 303. OPEN SPACE PROTECTION ASSISTANCE.
‘‘(a) IN GENERAL.—Following receipt of a study sub-
mitted under section 302 regarding the need for Federal
financial assistance to preserve and protect any open space
area described in section 301 the Congress may authorize
appropriations to the Secretary of the Interior to be ex-
pended by the Secretary or by the Secretary in cooperation
with the Secretary of Agriculture to provide assistance in
the form of grants to States, counties, municipalities, re-
gional or interstate governments, or an agency thereof, or
private nonprofit organizations, or any combination there-
of, to carry out programs and projects designed to pre-
serve and protect such area.
‘‘(b) PRIVATE NONPROFIT ORGANIZATIONS.—Fed-
eral assistance may be provided to a qualified nonprofit
organization (as defined in the provisions of section
6(f)(2)) if such organization meets and complies with the
same requirements as specified in section 6(f)(2) for quali-
fied organizations receiving funds under those provisions.
‘‘(c) MATCHING REQUIREMENTS.—Assistance under
this title shall cover not more than 50 percent of the cost
of projects that are undertaken. The remaining share of
the cost shall be borne by the recipient in a manner and
with such funds or services as shall be satisfactory to the
Secretary. No payment may be made to any recipient for
or on account of any cost or obligation incurred or any
service rendered prior to the date of approval of this
title.’’.
SEC. 6. LOANS FOR RECREATION AND OPEN SPACE PRO-
TECTION.
The Land and Water Conservation Fund Act of 1965
(16 U.S.C. 460l–4 and following), as amended by section
5, is further amended by adding the following new title
after title III:
‘‘TITLE IV—EMERGENCY RECRE-
ATION AND OPEN SPACE PRO-
TECTION LOAN FUND
‘‘SEC. 401. EMERGENCY RECREATION AND OPEN SPACE
PROTECTION LOAN FUND.
‘‘(a) LOAN ASSISTANCE.—In addition to the alloca-
tion under section 5(a) for Federal purposes under section
7, and the allocation under section 5(b) for financial as-
sistance to States under section 6, of the amounts avail-
able in the fund for fiscal years after fiscal year 1993,
such sums as may be necessary are authorized to be ap-
propriated to finance the subsidy costs of not more than
$250,000,000 in direct loans made by the Secretary of the
Interior for purposes as provided in this section.
‘‘(b) ADMINISTRATIVE PROVISIONS.—No loan, in-
cluding any renewal or extension thereof, shall be made
under this section for a period exceeding 30 years. Each
such loan shall bear interest at a rate determined by the
Secretary of the Treasury taking into consideration the
current average market yield on outstanding marketable
obligations of the United States with remaining periods
of maturity comparable to the average maturity of such
loan, adjusted to the nearest one-half of 1 percent, less
not to exceed 4 percent per year. The recipient of each
such loan shall be required to pay to the Secretary a one
percent loan origination fee at the time the loan is made.
No loan may be made under this section unless the Sec-
retary determines that there is a reasonable assurance of
repayment. No loan may be made under this section unless
the financial assistance provided pursuant to such loan is
not otherwise available to the recipient from private lend-
ers or from other sources within the necessary time frame
and in a manner which, in the opinion of the Secretary,
will permit the timely accomplishment of the project for
which such loan is made or which cannot be obtained for
reasonable terms.
‘‘(c) PROJECTS ELIGIBLE FOR ASSISTANCE.—The
Secretary may make loans under this section to States,
counties, municipalities, special districts, regional or inter-
state governments or an agency thereof if the Secretary
determines that the recreational resources associated with
the loan request are of vital significance to the community
and are in imminent danger of damage or when an oppor-
tunity to address a severe recreation deficiency will be
foregone. Such loans may be made available for—
‘‘(1) any project or program which would pro-
vide outdoor recreation through acquisition of land,
waters, or interest in land or water, or development
of basic outdoor recreation facilities to serve the gen-
eral public, or which provide public benefit, or
‘‘(2) project costs which are nonrecurring or
nonroutine and which are required for the construc-
tion, rehabilitation and maintenance of public rec-
reational facilities.
Entities with public facilities eligible for funds under this
provision shall demonstrate to the Secretary that the work
funded is necessary in order to meet vital recreational
needs without which, in the opinion of the Secretary, the
health and welfare of the public will be adversely impacted.
No funds shall be available under this section for routine
operation and maintenance expenses.
Funds available through this loan program may not be
used for planning purposes.
‘‘(d) SPECIAL PROVISIONS.—Funding under this sec-
tion shall be available for up to 100 percent of the costs
of the program or project for which such funding is pro-
vided, but, in selecting projects to be funded, the Secretary
shall give a priority to those projects for which there is
partial funding from one or more other sources and to
projects which involve private contributions, including con-
tributions in kind.
‘‘(e) ADVISORY BOARD.—The Secretary shall estab-
lish an advisory board to assist in the selection of projects
to receive assistance under this section, and to assure the
terms and conditions of agreement for the loan are mon-
itored and maintained. The advisory board shall review all
applications for assistance submitted under this section in
a timely manner as required to support the intent of the
provisions of this section and make recommendations to
the Secretary regarding the funding of such projects. The
Board shall act on each eligible request no more than 60
days from receipt of the application. The Secretary shall
respond within 30 days of the Board’s recommendation