‘‘(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.
Section 6(b) (16 U.S.C. 460l–8) 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 sub-
paragraph for the fiscal year is equal to the
ratio that the population of the State bears to
the total population 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 ap-
portionment, and the amounts thereof shall be available
thereafter to the State for planning, acquisition, or devel-
opment projects as hereafter described. Any amount of
any apportionment 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 limitation 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 United States Virgin Is-
lands, 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.’’.
(d) TRIBES
AND ALASKA NATIVE VILLAGE COR-
PORATIONS.—Section 6(b)(5) (16 U.S.C. 460l–8(b)(5)) is
amended as follows:
(1) By inserting ‘‘(A)’’ after ‘‘(5)’’.
(2) By adding at the end the following new sub-
paragraph:
‘‘(B) For the purposes of paragraph (1),
all federally recognized Indian tribes and Alas-
ka Native Village Corporations (as defined in
section 3(j) of the Alaska Native Claims Settle-
ment Act (43 U.S.C. 1602(j)), 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 village corporations shall be equiva-
lent to the amount available to a single State.
No single tribe or village corporation shall re-
ceive a grant that constitutes more than 10 per-
cent of the total amount made available to all
tribes and village corporations pursuant to the
apportionment under paragraph (1). Funds re-
ceived by a tribe or village corporation under
this subparagraph may be expended only for the
purposes specified in paragraphs (1) and (3) of
subsection (a).’’.
(e) 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 Agen-
da 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 estab-
lish its overall priorities, each State, in partnership with
its local governments and Federal agencies, and in con-
sultation with its citizens, shall develop, within 5 years
after the enactment of the Conservation and Reinvestment
Act of 1999, a State Action Agenda that meets the fol-
lowing requirements:
‘‘(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
resources and shall be correlated whenever possible with
other State, regional, and local plans for parks, recreation,
open space, and wetlands conservation. Recovery action
programs 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 outdoor conservation and recreation planning,
promulgated as conditions for grants, minimize redun-
dancy of local efforts by allowing, wherever possible, use
of the findings, priorities, and implementation schedules
of recovery action programs 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 en-
actment of this Act shall remain in effect in that
State until a State Action Agenda has been adopted
pursuant 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 ‘‘comprehen-
sive 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
including incidental costs relating to acquisition’’;
and
(2) in subsection (e)(2) by inserting before the
period at the end the following: ‘‘or to enhance pub-
lic 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)) is amended—
(1) by inserting ‘‘(A)’’ before ‘‘No property’’;
and
(2) by striking the second sentence and insert-
ing the following:
‘‘(B) The Secretary shall approve such conversion
only if the State demonstrates no prudent or feasible alter-
native exists with the exception of those properties that
no longer meet the criteria within the State Plan or Agen-
da as an outdoor conservation and recreation facility due
to changes in demographics or that must be abandoned
because of environmental 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 prop-
erties of at least equal fair market value and reasonably
equivalent usefulness and location and which are con-
sistent with the existing State Plan or Agenda; except that
wetland areas and interests therein as identified in the
wetlands provisions of the action agenda and proposed to
be acquired as suitable replacement property within that
same State that is otherwise acceptable to the Secretary
shall be considered to be of reasonably equivalent useful-
ness 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 ap-
propriated share of the waters of any body of sur-
face or ground water, whether determined by past or
future interstate compacts or by past or future legis-
lative or final judicial allocations;
‘‘(3) preempts or modifies any Federal or State
law, or interstate compact, dealing with water qual-
ity 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
wildlife and associated habitats, including species
that are not hunted or fished, to fulfill unmet needs
of wildlife within the States in recognition of the pri-
mary role of the States to conserve all wildlife;
(2) to assure sound conservation policies
through the development, revision, and implementa-
tion 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
development and implementation of a wildlife con-
servation and restoration program.
SEC. 302. DEFINITIONS.
(a) REFERENCE TO LAW.—In this title, the term
‘‘Federal Aid in Wildlife Restoration Act’’ means the Act
of September 2, 1937 (16 U.S.C. 669 et seq.), commonly
referred to as the Federal Aid in Wildlife Restoration Act
or the Pittman-Robertson Act.
(b) WILDLIFE CONSERVATION
AND RESTORATION
PROGRAM.—Section 2 of the Federal Aid in Wildlife Res-
toration 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 res-
toration program 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) CONSERVATION.—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, moni-
toring of populations, acquisition, improvement and man-
agement of habitat, live trapping and transplantation,
wildlife damage management, and periodic or total protec-
tion of a species or population as well as the taking of
individuals within 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 ap-
proved by the Secretary under section 4(d), the projects
that constitute such a program, which may be imple-
mented in whole or part through grants and contracts by
a State to other State, Federal, or local agencies (includ-
ing those that gather, evaluate, and disseminate informa-
tion 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 captive 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 including,
but not limited to, hunting and fishing, wildlife observa-
tion 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 re-
sponsible 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 trans-
ferred to the fund for a fiscal year under section 5(b)(3)
of the Conservation and Reinvestment Act of 1999 shall
be deposited in the subaccount and shall be available with-
out further appropriation, in each fiscal year, for appor-
tionment in accordance with this Act to carry out State
wildlife conservation 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 implemen-
tation of wildlife conservation and restoration programs
and should be used to address the unmet needs for a di-
verse array of wildlife and associated habitats, including
species that are not hunted or fished, for wildlife conserva-
tion, wildlife conservation education, and wildlife-associ-
ated recreation projects. Such funds may be used for new
programs and projects as well as to enhance existing pro-
grams 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 begin-
ning after the 10-fiscal-year period referred to in
subparagraph (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 Conserva-
tion 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 remainder of the amount transferred to the Fund from
the Conservation and Reinvestment Act Fund for each fis-
cal 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 avail-
able for any expenses incurred in the administration and
execution 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
accountability 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) of the Federal Aid in Wildlife Restoration
Act (16 U.S.C. 669g(a)); and
‘‘(C) provisions to ensure public participation in
the development, revision, and implementation of
projects and programs required under this para-
graph.
‘‘(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 Secretary shall approve the wildlife conservation and
restoration program of the State and set aside from the
apportionment to the State made pursuant to subsection
(c) an amount that shall not exceed 75 percent of the esti-
mated 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 pay-
ments on a project that is a segment of the State’s wildlife
conservation and restoration program as the project pro-
gresses. Such payments, including previous payments on
the project, if any, shall not be more than the United
States pro rata share of such project. The Secretary,
under such regulations as he may prescribe, may advance
funds representing the United States pro rata share of
a project that is a segment of a wildlife conservation and
restoration program, including funds to develop such pro-
gram.
‘‘(B) Not more than 10 percent of the amounts ap-
portioned to each State under this section for a State’s
wildlife conservation and restoration program may be used
for wildlife-associated recreation.
‘‘(5) For purposes of this subsection, the term ‘State’
shall include the District of Columbia, the Commonwealth
of Puerto Rico, the United States Virgin Islands, Guam,
American Samoa, and the Commonwealth of the Northern
Mariana Islands.’’.
(b) FACA.—Coordination with State fish and wildlife
agency personnel or with personnel of other State agencies
pursuant to the Federal Aid in Wildlife Restoration Act
or the Federal Aid in Sport Fish Restoration Act shall
not be subject to the Federal Advisory Committee Act (5
U.S.C. App.). Except for the preceding sentence, the pro-
visions of this title relate solely to wildlife conservation and
restoration programs and shall not be construed to affect
the provisions of the Federal Aid in Wildlife Restoration
Act relating to wildlife restoration projects or the provi-
sions of the Federal Aid in Sport Fish Restoration Act
relating to fish restoration and management projects.
SEC. 305. EDUCATION.
Section 8(a) of the Federal Aid in Wildlife Restora-
tion Act (16 U.S.C. 669g(a)) is amended by adding the
following at the end thereof: ‘‘Funds available from the
amount transferred to the Fund from the Conservation
and Reinvestment Act Fund may be used for a wildlife
conservation education program, except that no such
funds may be used for education efforts, projects, or pro-
grams that promote or encourage opposition to the regu-
lated taking of wildlife.’’.
ordinate preparation of recovery action programs required
by this title with State plans or agendas required under
section 5 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—