I
106TH CONGRESS
2D SESSION
H. R. 4377
To provide Outer Continental Shelf Impact Assistance to State and local
governments, to amend the Land and Water Conservation Fund Act
of 1965, the Urban Park and Recreation Recovery Act of 1978, and
the Federal Aid in Wildlife Restoration Act (commonly referred to as
the Pittman-Robertson Act) to establish a fund to meet the outdoor
conservation and recreation needs of the American people, and for other
purposes.
IN THE HOUSE OF REPRESENTATIVES
MAY 4, 2000
Mr. YOUNG of Alaska introduced the following bill; which was referred to the
Committee on Resources, and in addition to the Committee on Agri-
culture, for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within the jurisdic-
tion of the committee concerned
A BILL
To provide Outer Continental Shelf Impact Assistance to
State and local governments, to amend the Land and
Water Conservation Fund Act of 1965, the Urban Park
and Recreation Recovery Act of 1978, and the Federal
Aid in Wildlife Restoration Act (commonly referred to
as the Pittman-Robertson Act) to establish a fund to
meet the outdoor conservation and recreation needs of
the American people, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Conservation and Rein-
vestment Act of 2000’’.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Definitions.
Sec. 4. Annual reports.
Sec. 5. Conservation and Reinvestment Act Fund.
Sec. 6. Limitation on use of available amounts for administration.
Sec. 7. 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.
TITLE III—WILDLIFE CONSERVATION AND RESTORATION
Sec. 301. Purposes.
Sec. 302. Definitions.
Sec. 303. Treatment of amounts transferred from Conservation and Reinvest-
ment Act Fund.
Sec. 304. Apportionment of amounts transferred from Conservation and Rein-
vestment Act Fund.
Sec. 305. Education.
Sec. 306. Prohibition against diversion.
TITLE IV—URBAN PARK AND RECREATION RECOVERY PROGRAM
AMENDMENTS
Sec. 401. Amendment of Urban Park and Recreation Recovery Act of 1978.
Sec. 402. Purpose.
Sec. 403. Treatment of amounts transferred from Conservation and 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.
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—FARMLAND PROTECTION PROGRAM AND
ENDANGERED AND THREATENED SPECIES RECOVERY
SUBTITLE A—FARMLAND PROTECTION PROGRAM
Sec. 701. Additional funding and additional authorities under farmland protec-
tion program.
Sec. 702. Funding.
Subtitle B—Endangered and Threatened Species Recovery
Sec. 711. Purposes.
Sec. 712. Treatment of amounts transferred from Conservation and Reinvest-
ment Act Fund.
Sec. 713. Endangered and threatened species recovery assistance.
Sec. 714. Endangered and Threatened Species Recovery Agreements.
Sec. 715. Definitions.
SEC. 3. DEFINITIONS.
For purposes of this Act:
(1) The term ‘‘coastal population’’ means the
population of all political subdivisions, as determined
by the most recent official data of the Census 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 and
following).
(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 and following).
(5) The term ‘‘distance’’ means minimum great
circle distance, measured in statute miles.
(6) The term ‘‘fiscal year’’ means the Federal
Government’s accounting period which begins on Oc-
tober 1st and ends on September 30th, and is des-
ignated by the calendar year in which it ends.
(7) The term ‘‘Governor’’ means the highest
elected official of a State or of any other political en-
tity that is defined as, or treated as, a State under
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 or the
Secretary of Agriculture, as appropriate. The report shall
include, in accordance with regulations prescribed by the
Secretaries, a description of all projects and activities re-
ceiving funds under this Act. In order to avoid duplication,
such report may incorporate by reference any other re-
ports required to be submitted under other provisions of
law to the Secretary concerned by the Governor regarding
any portion of such moneys.
(b) REPORT TO CONGRESS.—On January 1 of each
year the Secretary of the Interior, in consultation with the
Secretary of Agriculture, shall submit an annual report
to the Congress documenting all moneys expended by the
Secretary of the Interior and the Secretary of Agriculture
from the Fund during the previous fiscal year and summa-
rizing 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 2000,
the Secretary of the Treasury shall deposit into the Fund
the following amounts:
(1) OCS REVENUES.—An amount in each such
fiscal year from qualified Outer Continental Shelf
revenues 
equal 
to 
the 
difference 
between
$2,825,000,000 and the amounts deposited in the
Fund under paragraph (2), notwithstanding section
9 of the Outer Continental Shelf Lands Act (43
U.S.C. 1338).
(2) AMOUNTS NOT DISBURSED.—All allocated
but undisbursed amounts returned to the Fund
under section 101(a)(2).
(3) INTEREST.—All interest earned under sub-
section (d) that is not made available under para-
graph (2) or (4) of that subsection.
(b) TRANSFER FOR EXPENDITURE.—In each fiscal
year after the fiscal year 2001, the Secretary of the Treas-
ury shall transfer amounts deposited into the Fund as fol-
lows:
(1) $1,000,000,000 to the Secretary of the 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
Federal Aid in 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 and following).
(5) $100,000,000 to the Secretary of the Inte-
rior to carry out the National Historic Preservation
Act (16 U.S.C. 470 and following).
(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) $100,000,000 to the Secretary of Agri-
culture to carry out the farmland protection pro-
gram under section 388 of the Federal Agriculture
Improvement and Reform Act of 1996 (Public Law
104–127; 16 U.S.C. 3830 note) and the Forest Leg-
acy Program under section 7 of the Cooperative
Forestry Assistance Act of 1978 (16 U.S.C. 2103c).
(8) $50,000,000 to the Secretary of the Interior
to develop and implement Endangered and Threat-
ened Species Recovery Agreements under subtitle B
of title VII of this Act.
(c) SHORTFALL.—If amounts deposited into the
Fund in any fiscal year after the fiscal year 2000 are less
than $2,825,000,000, the amounts transferred under
paragraphs (1) through (8) of subsection (b) for that fis-
cal year shall each be reduced proportionately.
(d) INTEREST.—
(1) IN GENERAL.—The Secretary of the Treas-
ury shall invest moneys in the Fund (including inter-
est), 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 determined 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 mon-
eys shall remain invested until needed to meet re-
quirements for disbursement for the programs fi-
nanced under this Act.
(2) USE OF INTEREST.—Except as provided in
paragraphs (3) and (4), interest earned on such
moneys shall be available, without further appropria-
tion, for obligation or expenditure under—
(A) chapter 69 of title 31, United States
Code (relating to payments in lieu of taxes);
and
(B) section 401 of the Act of June 15,
1935 (49 Stat. 383; 16 U.S.C. 715s) (relating
to refuge revenue sharing).
In each fiscal year such interest shall be allocated
between the programs referred to in subparagraphs
(A) and (B) in proportion to the amounts appro-
priated for that fiscal year under other provisions of
law for purposes of such programs. To the extent
that the total amount available for a fiscal year
under this paragraph and such other provisions of
law for one of such programs exceeds the authorized
limit of that program, the amount available under
this paragraph that contributes to such excess shall
be allocated to the other such program, but not in
excess of its authorized limit. To the extent that for
both such programs such total amount for each pro-
gram exceeds the authorized limit of that program,
the amount available under this paragraph that con-
tributes to such excess shall be deposited into the
Fund and shall be considered interest for purposes
of subsection (a)(3). Interest shall cease to be avail-
able for obligation or expenditure for a fiscal year
for purposes of subparagraph (A) if the annual ap-
propriation for that fiscal year under other provi-
sions of law for the program referred to in subpara-
graph (A) is less than $100,000,000, and in any
such case, the allocation provisions of this paragraph
shall not apply and all such interest shall be avail-
able for purposes of the program referred to in sub-
paragraph (B), up to the authorized limit of such
program. Interest shall cease to be available for obli-
gation or expenditure for a fiscal year for purposes
of subparagraph (B) if the annual appropriation for
that fiscal year under other provisions of law for the
program referred to in subparagraph (A) is less than
$15,000,000, and in any such case, the allocation
provisions of this paragraph shall not apply and all
such interest shall be available for purposes of the
program referred to in subparagraph (A), up to the
authorized limit of such program. Interest shall
cease to be available for obligation or expenditure
for a fiscal year for purposes of this paragraph if the
annual appropriation for that fiscal year under other
provisions of law for each of the program referred to
in subparagraph (A) and the program referred to in