(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
revenues deposited in the Fund for each fiscal year
using the following weighted formula:
(A) 50 percent of each State’s allocable
share shall be computed as provided in para-
graph (2).
(B) 25 percent of each State’s allocable
share shall be based on the ratio of each State’s
shoreline miles to the shoreline miles of all
coastal States.
(C) 25 percent of the States allocable
share shall be based on the ratio of each State’s
coastal population to the coastal population of
all coastal States.
(2) OFFSHORE
OUTER
CONTINENTAL
SHELF
PRODUCTION SHARE.—If any portion of a coastal
State lies within a distance of 200 miles from the
geographic center of any leased tract, such State
shall receive part of its allocable share under para-
graph (1)(A) based on the Outer Continental Shelf
oil and gas production offshore of such State. Such
part of its allocable share shall be inversely propor-
tional 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), as determined by the Sec-
retary.
(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 than 0.50
percent of the total amount of the revenues de-
posited in the Fund for each fiscal year. For
any other coastal State the allocable share of
such revenues shall not be less than 0.25 per-
cent of such revenues.
(B) 
RECOMPUTATION.—Where 
one 
or
more coastal States’ allocable shares, as com-
puted under paragraph (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 deposited in the fund is allocated to
all coastal States. The reduction shall be di-
vided pro rata among such other coastal States.
(d) PAYMENTS
TO STATE.—50 percent of each
State’s allocable share, as determined under subsection
(c), shall be paid to the State, except that in the case of
a coastal State in which there is no eligible political sub-
division, 100 percent of the State’s allocable share, as de-
termined under subsection (c), shall be paid to the State.
(e) PAYMENTS
TO POLITICAL SUBDIVISIONS.—50
percent of each State’s allocable share, as determined
under subsection (c), shall be paid to the eligible political
subdivisions in such State. Such payments shall be allo-
cated among the eligible political subdivisions of the State
according to ratios that are inversely proportional to the
distance between the nearest point on the seaward bound-
ary of each such eligible political subdivision and the geo-
graphic center of each leased tract or portion of the leased
tract (to the nearest whole mile), as determined by the
Secretary.
(f) TIME OF PAYMENT.—(1) Payments to coastal
States and eligible political subdivisions under this section
shall be made not later than December 31 of each year
from revenues received and interest earned thereon during
the immediately preceding fiscal year. Payment shall not
commence before the date 12 months following the date
of enactment of this Act.
(2) Any amount in the Fund not paid to coastal
States and eligible political subdivisions under this section
in any fiscal year shall be disposed of according to the
law otherwise applicable to receipts from leases on the
Outer Continental Shelf.
SEC. 104. USES OF FUNDS.
Funds received pursuant to this title shall be used
by the coastal States and eligible political subdivisions for
projects and activities, including but not limited to the fol-
lowing:
(1) Air quality, water quality, fish and wildlife,
wetlands, or other coastal resources.
(2) Other activities of such State or political
subdivision, authorized by the Coastal Zone Manage-
ment Act of 1972 (16 U.S.C. 1451 et seq.), the pro-
visions of subtitle B of title IV of the Oil Pollution
Act of 1990 (104 Stat. 523), or the Federal Water
Pollution Control Act (33 U.S.C. 1251 et seq.).
(3) Administrative costs of complying with the
provisions of this subtitle.
(4) Uses related to the Outer Continental Shelf
Lands Act.
(5) Mitigating impacts of Outer Continental
Shelf activities including onshore infrastructure and
public service needs.
SEC. 105. OBLIGATIONS OF ELIGIBLE POLITICAL SUBDIVI-
SIONS AND STATES.
(a) PROJECT SUBMISSION.—Prior to the receipt of
funds pursuant to this title for any fiscal year, an eligible
political subdivision must submit to the Governor of the
State in which it is located a plan setting forth the
projects and activities for which the eligible political sub-
division proposes to expend such funds. Such plan shall
state the amounts proposed to be expended for each
project or activity during the upcoming fiscal year.
(b) PROJECT APPROVAL.—Prior to the payment of
funds pursuant to this title to any eligible political subdivi-
sion for any fiscal year, the Governor must approve the
plan submitted by the eligible political subdivision pursu-
ant to subsection (a) and notify the Secretary of such ap-
proval. State approval of any such plan shall be consistent
with all applicable State and Federal law. In the event
the Governor disapproves any such plan, the funds that
would otherwise be paid to the eligible political subdivision
shall be placed in escrow by the Secretary pending modi-
fication and approval of such plan, at which time such
funds together with interest thereon shall be paid to the
eligible political subdivision. Any eligible political subdivi-
sion that fails to receive approval from the Governor of
such plan may appeal to the Secretary and the Secretary
may approve or disapprove such plan based on the criteria
set for in section 105.
(c) CERTIFICATION.—Not later than 60 days after
the end of the fiscal year, any eligible political subdivision
receiving funds under this title shall certify to the Gov-
ernor—
(1) the amount of such funds expended by the
political subdivision during the previous fiscal year;
(2) the amounts expended on each project or
activity;
(3) a general description of how the funds were
expended; and
(4) the status of each project or activity.
SEC. 106. ANNUAL REPORT; REFUNDS.
(a) REPORT.—On June 15 of each year, the Governor
of each State receiving moneys from the Fund under this
title shall account for all moneys so received for the pre-
vious fiscal year in a written report to the Secretary and
the Congress. The report shall include a description of all
projects and activities receiving funds under this title, in-
cluding all information required under section 105(c).
(b) REFUNDS.—In those instances where through ju-
dicial decision, administrative review, arbitration, or other
means there are royalty refunds owed to entities generat-
ing revenues under this title, 27 percent of such refunds
shall be paid from amounts available in the Fund.
TITLE II—STATE, LOCAL, AND
URBAN CONSERVATION AND
RECREATION
SEC. 201. FINDINGS AND PURPOSE.
(a) FINDINGS.—The Congress finds the following:
(1) The Land and Water Conservation Fund
Act of 1965 embodied a visionary concept—that a
portion of the proceeds from Outer Continental
Shelf mineral leasing revenues and the depletion of
a nonrenewable natural resource should result in a
legacy of public places accessible for conservation
and public recreation and benefit from resources be-
longing to all people, of all generations, and the en-
hancement of the most precious and most renewable
natural resource of any nation, healthy and active
citizens.
(2) The States and local governments were to
occupy a pivotal role in accomplishing the purposes
of the Land and Water Conservation Act of 1965
and the Act originally provided an equitable portion
of funds to the States, and through them, to local
governments.
(3) However, because of competition for limited
Federal moneys and the need for an annual appro-
priation, this original intention has been abandoned
and, in recent years, the States have not received an
equitable proportion of funds.
(4) Nonetheless, with population growth and
urban sprawl, the demand for conservation and
recreation areas at the State and local level, includ-
ing urban localities, remains a high priority for our
citizens.
(5) A new vision is called for—a vision that en-
compasses a multilevel national network of parks,
conservation and recreation areas, that reaches
across the country to touch all communities. Na-
tional parks are not enough; the Federal government
alone cannot accomplish this. A national vision,
backed by realistic national funding support, to
stimulate State, local, and private sector, as well as
Federal efforts, is the only way to effectively address
our ongoing outdoor conservation and recreation
needs.
(6) In addition to the demand at the State and
local level, there has been an increasing unmet need
for Federal moneys to be made available for Federal
purposes under the Land and Water Conservation
Fund Act of 1965, with lands identified as impor-
tant for Federal acquisition not being acquired for
several years due to insufficient funds.
(b) PURPOSE.—The purpose of this title is to revital-
ize and complement State, local, and private commitments
envisioned in the Land and Water Conservation Fund Act
of 1965 and the Urban Park and Recreation Recovery Act
of 1978 by providing grants for State, local, and urban
conservation and recreation needs, and to provide a secure
source of Federal purposes under the Land and Water
Conservation Fund Act of 1965.
SEC. 202. FUNDING FOR STATE, LOCAL, AND URBAN CON-
SERVATION AND RECREATION.
(a) REVENUES.—Section 2 of the Land and Water
Conservation Fund Act of 1965 (16 U.S.C. 460l–5(c)(1))
is amended by redesignating paragraph (1) of subsection
(c) as subsection (d) and by amending subsection (c) to
read as follows:
‘‘(c) OUTER CONTINENTAL SHELF REVENUES.—23
percent of the qualified Outer Continental Shelf revenues
(as defined in section 102 of the Conservation and Rein-
vestment Act of 1998) shall also be covered into the Land
and Water Conservation Fund in the Treasury in each fis-
cal year through September 30, 2015, but only to the ex-
tent that such revenues in such fiscal year do not exceed
$900,000,000. Revenues covered into the fund under this
subsection shall be available, without further appropria-
tion, to carry out this Act.’’.
(c) CONFORMING AMENDMENT.—Section 3 of the
Land and Water Conservation Fund Act of 1965 (16
U.S.C. 460l–6) is amended by striking ‘‘Moneys’’ and in-
serting ‘‘Except as provided under section 2(c), moneys’’.
(d) ALLOCATION OF FUNDS.—Section 5 of the Land
and Water Conservation Fund Act of 1965 (16 U.S.C.
460l–7) is amended as follows:
(1) By striking ‘‘ALLOCATION’’ and inserting
‘‘(a) IN GENERAL’’ after ‘‘SEC 5.’’.
(2) By striking the second sentence and all that
follows down through the period at the end thereof.
(3) By adding at the end the following new sub-
section at the end:
‘‘(b) ALLOCATION.—Amounts available in the fund
under section 2(c)(1) of this Act (16 U.S.C. 460l–5(c)(1))
for obligation or expenditure may be obligated or expended
only as follows—
‘‘(1) 42 percent shall be available for Federal
purposes. 25 percent of such moneys shall be made
available to the Secretary of Agriculture for the ac-
quisition of lands, waters, or interests in land or
water within the exterior boundaries of areas of the
National Forest System or any other land manage-
ment unit established by Act of Congress and man-
aged by the Secretary of Agriculture, and 75 percent
of such moneys shall be available to the Secretary of
the Interior for the acquisition of lands, waters, or
interests in land or water within the exterior bound-
aries of areas of the National Park System, National
Wildlife Refuge System, or any other land manage-
ment unit established by Act of Congress and man-
aged by the Secretary of the Interior. At least 2⁄3 of
the moneys available under this subparagraph for
Federal purposes shall be spent east of the 100th
meridian.
‘‘(2) 42 percent shall be available for financial
assistance to the States under section 6 of this Act
(16 U.S.C. 460l–8) distributed according to the fol-
lowing allocation formula:
‘‘(A) 60 percent shall be apportioned
equally among the States.
‘‘(B) 20 percent shall be appointed on the
basis of the ratio which the population of each
State bears to the total population of all States.
‘‘(C) 20 percent shall be apportioned on
the basis of the ratio which the acreage of each
State bears to the total acreage of all States.
‘‘(3) 16 percent shall be available to local gov-
ernments through the Urban Parks and Recreation
Recovery Program (16 U.S.C. 2501–2514) of the
Department of the Interior.’’.
(e) TRIBES AND ALASKA NATIVE VILLAGE CORPORA-
TIONS.—Section 6(b)(5) of the Land and Water Conserva-
tion Fund Act of 1965 (16 U.S.C. 460l–8(b)(5)) is amend-
ed 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 treated
collectively as 1 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 ensure that in each fiscal year no single
tribe or Village Corporation receives more than
10 percent of the total amount made available
to all tribes and Village Corporations pursuant
to the apportionment under paragraph (1).
Funds received by an Indian tribe or Village
Corporation under this subparagraph may be
expended only for the purposes specified in
paragraphs (1) and (3) of subsection (b).’’.
(f) LOCAL ALLOCATION.—Section 6(b) of the Land
and Water Conservation Fund Act of 1965 (16 U.S.C.
460l-8(b)) is amended by adding the following new para-
graph at the end:
‘‘(6) Absent some compelling and annually doc-
umented 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 annual State apportionment,
or an equivalent amount made available from other
sources.’’.
(g) MATCH.—Subsection 6(c) of the Land and Water
Conservation Fund Act of 1965 (16 U.S.C. 460l–8(c)) is
amended to read as follows:
‘‘(c) MATCHING REQUIREMENTS.—Payments to any
State shall cover not more than 50 percent of the cost
of outdoor conservation and recreation planning, acquisi-
tion, or development projects that are undertaken by the
State.’’.
(h) STATE ACTION AGENDA.—(1) Section 6(d) of the
Land and Water Conservation Fund Act of 1965 (16
U.S.C. 460l–8(d)) is amended to read as follows:
‘‘(d) STATE ACTION AGENDA REQUIRED.—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 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 1998, a State Action Agenda for Community Con-
servation and Recreation that meets the following require-
ments:
‘‘(1) 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.
‘‘(2) The agenda must be updated at least once
every 4 years and certified by the Governor that the
State Action Agenda for Community Conservation
and Recreation conclusions and proposed actions
have been considered in an active public involvement
process.
State Action Agendas for Community Conservation and
Recreation shall take into account all providers of con-
servation and recreation lands within each State, including
Federal, regional, and local government resources and
shall be correlated whenever possible with other State, re-
gional, and local plans for parks, recreation, open space,
and wetlands conservation. Recovery action programs de-
veloped 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 for
Community Conservation and recreation. Each State shall
assure that any requirements for local outdoor conserva-
tion and recreation planning that promulgated as condi-
tions for grants minimize redundancy of local efforts by
allowing, wherever possible, use of the findings, priorities,
and implementation schedules of recovery action programs
to meet such requirements.’’.
(2) Comprehensive State Plans developed by any
State under section 6(d) of the Land and Water Conserva-
tion Fund Act of 1965 before the date 5 years after the
enactment of this Act shall remain in effect in that State
until a State Action Agenda for Community Conservation
and Recreation has been adopted pursuant to the amend-
ment made by this subsection, but no later than 5 years
after the enactment of this Act.
(i) STATE PLANS.—Subsection 6(e) of Land and
Water Conservation Fund Act of 1965 (16 U.S.C. 460l–
8(e)) is amended as follows:
(1) By striking ‘‘State comprehensive plan’’ at
the end of the first paragraph and inserting ‘‘State
Action Agenda for Community Conservation and
Recreation’’.
(2) By striking ‘‘State comprehensive plan’’ in
paragraph (1) and inserting ‘‘State Action Agenda
for Community Conservation and Recreation’’.
(3) By striking ‘‘but not including incidental
costs related to acquisition’’ at the end of paragraph
(1).
(j) CONVERSION.—Paragraph (3) of section 6(f) of
the Land and Water Conservation Fund Act of 1965 (16
U.S.C. 460l–8(f)(3)) is amended by striking the second
sentence and inserting: ‘‘The Secretary shall approve such
conversion only if the State demonstrates no prudent or
feasible alternative exists with the exception of those prop-
erties that are no longer viable as an outdoor conservation
and recreation facility due to changes in demographics or
that must be abandoned because of environmental con-
tamination which endanger public health and safety. Any
conversion must satisfy any conditions the Secretary
deems necessary to assure the substitution of other con-
servation and recreation properties of at least equal fair
market value and reasonably equivalent usefulness and lo-
cation and which are in accord with the existing State Ac-
tion Agenda for Community Conservation and Recreation;
except that wetland areas and interests therein as identi-
fied 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 equiva-
lent usefulness with the property proposed for conver-
sion.’’.
(k) COST LIMITATIONS.—Section 7 of the Land and
Water Conservation Fund Act of 1965 (16 U.S.C. 460l–
9) is amended by adding the following at the end thereof:
‘‘(d) MAXIMUM FEDERAL COST PER PROJECT.—No
expenditure shall be made to acquire, construct, operate,
or maintain any project under this section the total Fed-
eral cost of construction of which exceeds $1,000,000 un-
less the funds for such project have not been specifically
allocated to the project in the legislation appropriating
funds for the Federal agency concerned and such alloca-
tion has been approved by resolutions adopted by the
Committee on Resources of the United States House of
Representatives and the Committee on Energy and Natu-
ral Resources of the United States Senate.’’.
SEC. 203. URBAN PARK AND RECREATION RECOVERY ACT
OF 1978 AMENDMENTS.
(a) GRANTS.—Section 1004 of the Urban Park and
Recreation Recovery Act (16 U.S.C. 2503) is amended by
redesignating subsections (d), (e), and (f) as subsections
(f), (g), and (h) respectively, and by inserting the following
after subsection (c):
‘‘(d) ‘development grants’ means matching capital
grants to local units of government to cover costs of devel-
opment and construction on existing or new neighborhood
recreation sites, including indoor and outdoor recreation
facilities, support facilities, and landscaping, but excluding
routine maintenance and upkeep activities;
‘‘(e) ‘acquisition grants’ means matching capital
grants to local units of government to cover the direct and
incidental costs of purchasing new park land to be perma-
nently dedicated and made accessible for public recreation
use;’’.
(b) ELIGIBILITY.—Section 1005(a) of the Urban
Park and Recreation Recovery Act (16 U.S.C. 2504) is
amended to read as follows:
‘‘(a) Eligibility of general purpose local governments
to compete for assistance under this title shall be based
upon need as determined by the Secretary. Generally, the
list of eligible governments shall include the following:
‘‘(1) All central cities of Metropolitan, Primary
or Consolidated Statistical Areas as currently de-
fined by the census.
‘‘(2) All political subdivisions included in Metro-
politan, Primary or Consolidated Statistical Areas as
currently defined by the census.
‘‘(3) Any other city or town within a Metropoli-
tan Area with a total population of 50,000 or more
in the census of 1970, 1980, or subsequent updates.
‘‘(4) Any other political subdivision, parish or
township with a total population of 250,000 or more
in the census of 1970, 1980, or subsequent up-
dates.’’.
(c) MATCHING GRANTS.—Subsection 1006(a) of the
Urban Park and Recreation Recovery Act (16 U.S.C.
2505(a)) is amended by striking all through paragraph (3)
and inserting the following:
‘‘SEC. 1006. (a) The Secretary is authorized to pro-
vide 70 percent matching grants for rehabilitation, innova-
tion, development, or acquisition purposes to eligible gen-
eral purpose units of local government upon his approval
of applications therefore by the chief executives of such
governments.
‘‘(1) At the discretion of such applicants, and
if consistent with an approved application, rehabili-
tation, innovation, development, or acquisition
grants may be transferred in whole or in part to
independent special purpose local governments, pri-
vate nonprofit agencies or political subdivision or re-
gional park authorities; except that such general
purpose units of local government shall provide as-
surance to the Secretary that they will maintain
public recreation opportunities at assisted areas and
facilities owned or managed by them in accordance
with section 1010 of this Act.
‘‘(2) Payments may be made only for those re-
habilitation, innovation, development, or acquisition
projects which have been approved by the Secretary.
Such payments may be made from time-to-time in
keeping with the rate of progress toward completion
of a project, on a reimbursable basis.’’.
(d) COORDINATION.—Section 1008 of the Urban
Park and Recreation Recovery Act (16 U.S.C. 2507) is
amended by striking the last sentence and inserting the
following: ‘‘The Secretary and general purpose local gov-
ernments are encouraged to coordinate preparation of re-
covery action programs required by this title with State
Action Agendas for Conservation and Recreation required
by section 6 of the Land and Water Conservation Fund
Act of 1965, including the allowance of flexibility in local
preparation of recovery action programs so that they may
be used to meet State or local qualifications for local re-
ceipt of Land and Water Conservation Fund grants or
State grants for similar purposes or for other conservation
or recreation purposes. The Secretary shall also 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 the State
Action Agendas for Conservation and Recreation, in ac-
cordance with the public coordination and citizen consulta-
tion requirements of subsection 6(d) of the Land and
Water Conservation Fund Act of 1965.’’
(e) CONVERSION.—Section 1010 of the Urban Park
and Recreation Recovery Act (16 U.S.C. 2509) is amend-
ed by striking the first sentence and inserting the follow-
ing: ‘‘No property acquired or improved or developed
under this title shall, without the approval of the Sec-
retary, be converted to other than public recreation uses.
The Secretary shall approve such conversion only if the
grantee demonstrates no prudent or feasible alternative
exists (with the exception of those properties that are no
longer a viable recreation facility due to changes in demo-
graphics or must be abandoned because of environmental
contamination which endanger public health and safety).
Any conversion must satisfy any conditions the Secretary
deems necessary to assure the substitution of other con-
servation and recreation properties of at least equal mar-
ket value and reasonably equivalent usefulness and loca-
tion and which are in accord with the current conservation
and recreation recovery action program.’’.
(f) REPEAL.—Section 1014 of the Urban Park and
Recreation Recovery Act (16 U.S.C. 2513) is repealed.
TITLE III—WILDLIFE CONSERVA-
TION AND RESTORATION
SEC. 301. FINDINGS.
The Congress finds and declares that—
(1) a diverse array of species of fish and wild-
life is of significant value to the Nation for many
reasons: aesthetic, ecological, educational, cultural,
recreational, economic, and scientific;
(2) it should be the objective of the United
States to retain for present and future generations
the opportunity to observe, understand, and appre-
ciate a wide variety of wildlife;
(3) millions of citizens participate in outdoor
recreation through hunting, fishing, and wildlife ob-
servation, all of which have significant value to the
citizens who engage in these activities;
(4) providing sufficient and properly maintained
wildlife-associated recreational opportunities is im-
portant to enhancing public appreciation of a diver-
sity of wildlife and the habitats upon which they de-
pend;
(5) lands and waters which contain species clas-
sified neither as game nor identified as endangered
or threatened also can provide opportunities for
wildlife-associated recreation and education such as
hunting and fishing permitted by applicable State or
Federal law;
(6) hunters and anglers have for more than 60
years willingly paid user fees in the form of Federal
excise taxes on hunting and fishing equipment to
support wildlife diversity and abundance, through
enactment of the Federal Aid in Wildlife Restoration
Act (commonly referred to as the Pittman-Robertson
Act) and the Federal Aid in Sport Fish Restoration
Act (commonly referred to as the Dingell-Johnson/
Wallop-Breaux Act);
(7) State programs, adequately funded to con-
serve a broader array of wildlife in an individual
State and conducted in coordination with Federal,
State, tribal, and private landowners and interested
organizations, would continue to serve as a vital link
in a nationwide effort to restore game and nongame
wildlife, and the essential elements of such programs
should include conservation measures which manage
for a diverse variety of populations of wildlife; and
(8) it is proper for Congress to bolster and ex-
tend this highly successful program to aid game and
nongame wildlife in supporting the health and diver-
sity of habitat, as well as providing funds for con-
servation education.
SEC. 302. 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
mandate of the States to conserve all wildlife;
(2) to assure sound conservation policies
through the development, revision and implementa-
tion of wildlife-associated recreation and wildlife-as-
sociated education and wildlife conservation law en-
forcement;
(3) to encourage State fish and wildlife agencies
to create partnerships between the Federal Govern-
ment, other State agencies, wildlife conservation or-
ganizations, and outdoor recreation and conservation
interests through cooperative planning and imple-
mentation 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. 303. 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’’ in 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, monitor-
ing of populations, acquisition, improvement and manage-
ment of habitat, live trapping and transplantation, wildlife
damage management, and periodic or total protection of
a species or population as well as the taking of individuals
within wildlife stock or population if permitted by applica-
ble State and Federal law; the term ‘wildlife conservation
and restoration program’ shall be construed to mean a
program developed by a State fish and wildlife department
that the Secretary determines meets the criteria in section
6(d), the projects that constitute such a program, which
may be implemented in whole or part through grants and
contracts by a State to other State, Federal, or local agen-
cies wildlife conservation organizations and outdoor recre-
ation and conservation education entities from funds ap-
portioned 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 spe-
cies into previously occupied range; the term ‘wildlife-asso-
ciated recreation’ shall be construed to mean projects in-
tended to meet the demand for outdoor activities associ-
ated with wildlife including, but not limited to, hunting
and fishing, such projects as construction or restoration
of wildlife viewing areas, observation towers, blinds, plat-
forms, land and water trails, water access, trail heads, and
access for such projects; and the term ‘wildlife conserva-
tion education’ shall be construed to mean projects, in-
cluding public outreach, intended to foster responsible nat-
ural resource stewardship.’’.
(e) 10 PERCENT.—Subsection 3(a) of the Federal
Aid in Wildlife Restoration Act (16 U.S.C. 669b(a)) is
amended in the first sentence by—
(1) inserting ‘‘(1)’’ after ‘‘(beginning with the
fiscal year 1975)’’; and
(2) inserting after ‘‘Internal Revenue Code of
1954’’ the following: ‘‘, and (2) from 10 percent of
the qualified Outer Continental Shelf revenues, as
defined in section 102 of the Conservation and Rein-
vestment Act of 1998,’’.
SEC. 304. SUBACCOUNT AND REFUNDS.
Section 3 of the Federal Aid in Wildlife Restoration
Act (16 U.S.C. 669b) is amended by adding at the end
the following new subsections:
‘‘(c) A subaccount shall be established in the Federal
aid to wildlife restoration fund in the Treasury to be
known as the ‘wildlife conservation and restoration ac-
count’ and the credits to such account shall be equal to
the 10 percent of Outer Continental Shelf revenues re-
ferred to in subsection (a)(2). Amounts in such account
shall be invested by the Secretary of the Treasury as set
forth in subsection (b) and shall be made available without
further appropriation, together with interest, for appor-
tionment at the beginning of fiscal year 1999 and each
fiscal year thereafter to carry out State wildlife conserva-
tion and restoration programs.
‘‘(d) Funds covered into the wildlife conservation and
restoration account shall supplement, but not replace, ex-
isting funds available to the States from the sport fish
restoration and wildlife restoration accounts and shall be
used for the development, revision, and implementation 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; provided such funds may be used for new pro-
grams and projects as well as to enhance existing pro-
grams and projects.
‘‘(e) Notwithstanding subsections (a) and (b) of this
section, with respect to the wildlife conservation and res-
toration account so much of the appropriation apportioned
to any State for any fiscal year as remains unexpended
at the close thereof is authorized to be made available for
expenditure in that State until the close of the fourth suc-
ceeding fiscal year. Any amount apportioned to any State
under this subsection that is unexpended or unobligated
at the end of the period during which it is available for
expenditure on any project is authorized to be reappor-
tioned to all States during the succeeding fiscal year.
‘‘(f) In those instances where through judicial deci-
sion, administrative review, arbitration, or other means
there are royalty refunds owed to entities generating reve-
nues available for purposes of this Act, 10 percent of such
refunds shall be paid from amounts available under sub-
section (a)(2).’’.
SEC. 305. ALLOCATION OF SUBACCOUNT RECEIPTS.
Section 4 of the Federal Aid in Wildlife Restoration
Act (16 U.S.C. 669c) is amended by adding the following
new subsection:
‘‘(c)(1) Notwithstanding subsection (a), so much, not
to exceed 2 percent, of the revenues covered into the wild-
life conservation and restoration account in each fiscal
year as the Secretary of the Interior may estimate to be
necessary for expenses in the administration and execution
of programs carried out under the wildlife conservation
and restoration account shall be deducted for that pur-
pose, and such sum is authorized to be made available
therefor until the expiration of the next succeeding fiscal
year, and within 60 days after the close of such fiscal year
the Secretary of the Interior shall apportion such part
thereof as remains unexpended, if any, on the same basis
and in the same manner as is provided under paragraphs
(2) and (3).
‘‘(2) The Secretary of the Interior, after making the
deduction under paragraph (1), shall make the following
apportionment from the amount remaining in the wildlife
conservation and restoration account:
‘‘(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; and
‘‘(B) to Guam, American Samoa, the Virgin Is-
lands, and the Commonwealth of the Northern Mari-
ana Islands, each a sum equal to not more than 1⁄6
of 1 percent thereof.
‘‘(3) The Secretary of the Interior, after making the
deduction under paragraph (1) and the apportionment
under paragraph (2), shall apportion the remaining
amount in the wildlife conservation and restoration ac-
count for each year among the States in the following
manner:
‘‘(A) 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; and
‘‘(B) 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;
If the Secretary of the Interior finds that an application
for such program contains the elements specified in para-
graphs (1) and (2), the Secretary shall approve such appli-
cation and set aside from the apportionment to the State
made pursuant to section 4(c) an amount that shall not
exceed 90 percent of the estimated cost of developing and
implementing segments of the program for the first 5 fis-
cal years following enactment of this subsection and not
to exceed 75 percent thereafter. Not more than 10 percent
of the amounts apportioned to each State from this sub-
account for the State’s wildlife conservation and restora-
tion program may be used for law enforcement. Following
approval, the Secretary may make payments on a project
that is a segment of the State’s wildlife conservation and
restoration program as the project progresses but 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 regula-
tions 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 pro-
gram, including funds to develop such program. For pur-
poses 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 provi-
sions of this title relate solely to wildlife conservation and
restoration programs as defined in this title and shall not
be construed to affect the provisions of the Federal Aid
in Wildlife Restoration Act relating to wildlife restoration
projects or the provisions of the Federal Aid in Sport Fish
Restoration Act relating to fish restoration and manage-
ment projects.
SEC. 306. LAW ENFORCEMENT AND PUBLIC RELATIONS.
The third sentence of subsection (a) of section 8 of
the Federal Aid in Wildlife Restoration Act (16 U.S.C.
669g) is amended by inserting before the period at the
end thereof: ‘‘, except that funds available from this sub-
account for a State wildlife conservation and restoration
program may be used for law enforcement and public rela-
tions’’.
SEC. 307. PROHIBITION AGAINST DIVERSION.
No designated State agency shall be eligible to receive
matching funds under this title if sources of revenue avail-
able to it after January 1, 1998, for conservation of wild-
life are diverted for any purpose other than the adminis-
tration of the designated State agency, it being the inten-
tion of Congress that funds available to States under this
title be added to revenues from existing State sources and
not serve as a substitute for revenues from such sources.
Such revenues shall include interest, dividends, or other
income earned on the foregoing.
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