I
106TH CONGRESS
1ST SESSION
H. R. 798
To provide for the permanent protection of the resources of the United
States in the year 2000 and beyond.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 23, 1999
Mr. GEORGE
MILLER
of California (for himself, Ms. PELOSI, Mr.
BLUMENAUER, Mr. MCGOVERN, Mr. MALONEY of Connecticut, Mr.
DEFAZIO, Mr. MCDERMOTT, Mr. ACKERMAN, Mr. DELAHUNT, Mr. LAN-
TOS, Mr. MARKEY, Mr. TIERNEY, Mrs. MINK of Hawaii, Mr. MEEHAN,
Mr. STARK, Mr. WAXMAN, Ms. LEE, Ms. WOOLSEY, Mr. SHERMAN, Mr.
KILDEE, Mr. BONIOR, Mr. FARR of California, Ms. ESHOO, Mr.
PALLONE, Mrs. CHRISTIAN-CHRISTENSEN, Mrs. CAPPS, Mr. INSLEE, Mr.
GEPHARDT, Mr. KENNEDY of Rhode Island, Mrs. JONES of Ohio, Mr.
RAHALL, Mr. GEJDENSON, Mr. ROTHMAN, Mr. FRANK of Massachusetts,
and Mr. SANDERS) 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 for the permanent protection of the resources
of the United States in the year 2000 and beyond.
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 ‘‘Resources 2000 Act’’.
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. Findings and purpose.
Sec. 4. Definitions.
Sec. 5. Reduction in deposits of qualified OCS revenues for any fiscal year for
which those revenues are reduced.
Sec. 6. Limitation on use of available amounts for administration.
Sec. 7. Budgetary treatment of receipts and disbursements.
TITLE I—LAND AND WATER CONSERVATION FUND
REVITALIZATION
Sec. 101. Amendment of Land and Water Conservation Fund Act of 1965.
Sec. 102. Extension of period for covering amounts into fund.
Sec. 103. Availability of amounts.
Sec. 104. Allocation and use of fund.
Sec. 105. Expansion of State assistance purposes.
Sec. 106. Allocation of amounts available for State purposes.
Sec. 107. State planning.
Sec. 108. Assistance to States for other projects.
Sec. 109. Conversion of property to other use.
TITLE II—URBAN PARK AND RECREATION RECOVERY PROGRAM
AMENDMENTS
Sec. 201. Amendment of Urban Park and Recreation Recovery Act of 1978.
Sec. 202. Purposes.
Sec. 203. Authority to develop new areas and facilities.
Sec. 204. Definitions.
Sec. 205. Eligibility.
Sec. 206. Grants.
Sec. 207. Recovery action programs.
Sec. 208. State action incentives.
Sec. 209. Conversion of recreation property.
Sec. 210. Availability of amounts.
Sec. 211. Repeal.
TITLE III—HISTORIC PRESERVATION FUND
Sec. 301. Availability of amounts.
TITLE IV—FARMLAND, RANCHLAND, OPEN SPACE, AND
FORESTLAND PROTECTION
Sec. 401. Purpose.
Sec. 402. Farmland, Ranchland, Open Space, and Forestland Protection Fund;
availability of amounts.
Sec. 403. Authorized uses of Farmland, Ranchland, Open Space, and
Forestland Protection Fund.
Sec. 404. Farmland Protection Program.
Sec. 405. Ranchland Protection Program.
TITLE V—FEDERAL AND INDIAN LANDS RESTORATION FUND
Sec. 501. Purpose.
Sec. 502. Federal and Indian Lands Restoration Fund; availability of amounts;
allocation.
Sec. 503. Authorized uses of fund.
Sec. 504. Indian tribe defined.
TITLE VI—LIVING MARINE RESOURCES CONSERVATION,
RESTORATION, AND MANAGEMENT ASSISTANCE
Sec. 601. Purpose.
Sec. 602. Financial assistance to coastal States.
Sec. 603. Ocean conservation partnerships.
Sec. 604. Living Marine Resources Conservation Fund; availability of amounts.
Sec. 605. Definitions.
TITLE VII—FUNDING FOR STATE NATIVE FISH AND WILDLIFE
CONSERVATION AND RESTORATION
Sec. 701. Amendments to findings and purposes.
Sec. 702. Definitions.
Sec. 703. Conservation plans.
Sec. 704. Conservation actions in absence of conservation plan.
Sec. 705. Amendments relating to reimbursement process.
Sec. 706. Establishment of Native Fish and Wildlife Conservation and Restora-
tion Trust Fund; availability of amounts.
TITLE VIII—ENDANGERED AND THREATENED SPECIES
RECOVERY
Sec. 801. Purposes.
Sec. 802. Endangered and threatened species recovery assistance.
Sec. 803. Endangered and threatened species recovery agreements.
Sec. 804. Endangered and Threatened Species Recovery Fund; availability of
amounts.
Sec. 805. Definitions.
SEC. 3. FINDINGS AND PURPOSE.
(a) FINDINGS.—The Congress finds the following:
(1) By establishing the Land and Water Con-
servation Fund in 1965, Congress determined that
revenues generated by extraction of nonrenewable oil
and gas resources on the Outer Continental Shelf
should be dedicated to conservation and preservation
purposes.
(2) The Land and Water Conservation Fund
has been used for over three decades to protect and
enhance national parks, national forests, national
wildlife refuges, and other public lands throughout
the Nation. In past years, the Land and Water Con-
servation Fund has also provided States with vital
resources to assist with acquisition and development
of local park and outdoor recreation projects.
(3) In 1978, the Congress amended the Land
and 
Water 
Conservation 
Fund 
to 
authorize
$900,000,000 of annual oil and gas receipts to be
used for Federal land acquisition and State recre-
ation projects. In recent years, however, the Con-
gress has failed to appropriate funds at the author-
ized levels to meet Federal land acquisition needs,
and has entirely eliminated State recreation funding,
leaving 
an 
unallocated 
surplus 
of 
over
$12,000,000,000 for fiscal year 1999.
(4) To better meet land acquisition needs and
address growing public demands for outdoor recre-
ation, the Congress should assure that the Land and
Water Conservation Fund is used as it was intended
to acquire conservation lands and, in partnership
with State and local governments, to provide for im-
proved parks and outdoor recreational opportunities.
(5) The premise of using oil and gas receipts to
meet conservation and preservation objectives also
underlies the National Historic Preservation Act (16
U.S.C. 470 et seq.). Revenues to the Historic Pres-
ervation Fund accumulate at a rate of $150,000,000
annually, but because the Congress has failed in re-
cent years to appropriate the authorized amounts,
the fund has an unallocated surplus of over
$2,000,000,000 for fiscal year 1999. To reduce the
growing backlog of preservation needs, the Congress
should assure that the Historic Preservation Fund is
used as was intended.
(6) Building upon the commitment to devote
revenues from existing offshore leases to resource
protection through the Land and Water Conserva-
tion Fund Act of 1965 (16 U.S.C. 460l–4) and the
National Historic Preservation Act (16 U.S.C. 470
et seq.), the Congress should also dedicate revenues
from existing oil and gas leases to meet critical na-
tional, State, and local preservation and conservation
needs.
(7) Suburban sprawl presents a growing threat
to open space and farmland in many areas of the
Nation, with an estimated loss of 7,000 acres of
farmland and open space every day. Financial re-
sources and incentives are needed to promote the
protection of open space, farmland, ranchland, and
forests.
(8) National parks, national forests, national
wildlife refuges, and other public lands have signifi-
cant unmet repair and maintenance needs for trails,
campgrounds, and other existing recreational infra-
structure, even as outdoor recreation and user de-
mands on these resources are increasing.
(9) Urban park and recreation needs have been
neglected, with resulting increases in crime and
other inappropriate activity, in part because the
Congress has failed in recent years to provide appro-
priations as authorized by the Urban Park and
Recreation Recovery Act of 1978 (16 U.S.C. 2501
et seq.).
(10) Although the Endangered Species Act of
1973 (16 U.S.C. 1531 et seq.) has prevented the ex-
tinction of many plants and animals, the recovery of
most species listed under that Act has been ham-
pered by a lack of financial resources and incentives
to encourage States and private landowners to con-
tribute to the recovery of protected species.
(11) Native fish and wildlife populations have
declined in many parts of the Nation, and face grow-
ing threats from habitat loss and invasive species.
Financial resources and incentives are needed for
States to improve conservation and management of
native species.
(12) Ocean and coastal ecosystems are increas-
ingly degraded by loss of habitat, pollution, over-
fishing, and other threats to the health and produc-
tivity of the marine environment. Coastal States
should be provided with financial resources and in-
centives to better conserve, restore, and manage liv-
ing marine resources.
(13) The findings of the 1995 National Biologi-
cal Survey study entitled ‘‘Endangered Ecosystems
of the United States: A Preliminary Assessment of
Loss and Degradation’’, demonstrate the need to es-
calate conservation measures that protect our Na-
tion’s wildlands and habitats.
(b) PURPOSE.—The purpose of this Act is to expand
upon the promises of the Land and Water Conservation
Act of 1965 (16 U.S.C. 460l–4 et seq.) and the National
Historic Preservation Act (16 U.S.C. 470 et seq.) by pro-
viding permanent funding for the protection and enhance-
ment of the Nations natural, historic, and cultural re-
sources by a variety of means, including—
(1) the acquisition of conservation lands;
(2) improvement of State and urban parks;
(3) preservation of open space, farmland,
ranchland, and forests;
(4) conservation of native fish and wildlife;
(5) recovery of endangered species; and
(6) restoration of coastal and marine resources.
SEC. 4. DEFINITIONS.
In this Act:
(1) COASTLINE.—The term ‘‘coastline’’ has the
same meaning that term has in the Submerged
Lands Act (43 U.S.C. 1301 et seq.).
(2) 
COASTAL
STATE.—The 
term 
‘‘coastal
State’’ has the meaning given the term ‘‘coastal
state’’ in the Coastal Zone Management Act of 1972
(16 U.S.C. 1451 et seq.).
(3) LEASED TRACT.—The term ‘‘leased tract’’
means a tract, leased under section 8 of the Outer
Continental Shelf Lands Act (43 U.S.C. 1337) for
the purpose of drilling for, developing and producing
oil and natural gas resources, which is a unit con-
sisting of either a block, a portion of a block, a com-
bination of blocks or portions of blocks (or both), as
specified in the lease, and as depicted on an Outer
Continental Shelf Official Protraction Diagram.
(4) QUALIFIED
OUTER
CONTINENTAL
SHELF
REVENUES.—The term ‘‘qualified Outer Continental
Shelf revenues’’—
(A) except as provided in subparagraph
(B)—
(i) means all moneys received by the
United States from each leased tract or
portion of a leased tract located in the
Western or Central Gulf of Mexico, less
such sums as may be credited to States
under section 8(g) of the Outer Continen-
tal Shelf Lands Act (43 U.S.C. 1337(g))
and amounts needed for adjustments and
refunds as overpayments for rents, royal-
ties, or other purposes; and
(ii) includes royalties (including pay-
ments for royalty taken in-kind and sold),
net profit share payments, and related
late-payment interest from natural gas and
oil leases issued pursuant to the Outer
Continental Shelf Lands Act (43 U.S.C.
1331) for such a lease tract or portion;
and
(B) does not include any moneys received
by the United States under—
(i) any lease issued on or after the
date of the enactment of this Act; or
(ii) any lease under which no oil or
gas production has occurred before Janu-
ary 1, 1999.
SEC. 5. REDUCTION IN DEPOSITS OF QUALIFIED OCS REVE-
NUES FOR ANY FISCAL YEAR FOR WHICH
THOSE REVENUES ARE REDUCED.
(a) REDUCTION IN DEPOSITS.—The amount of quali-
fied Outer Continental Shelf revenues that is otherwise re-
quired to be deposited for a limited fiscal year into the
Land and Water Conservation Fund, the Historic Preser-
vation Fund, or any other fund or account established by
this Act (including the amendments made by this Act) is
hereby reduced, so that—
(1) the ratio that the amount deposited (after
the reduction) bears to the amount that would other-
wise be deposited, is equal to
(2) the ratio that the amount of qualified Outer
Continental Shelf Revenues for the fiscal year bears
to—
(A) $2,050,000 for fiscal years 2000 and
2001;
(B) $2,150,000 for fiscal years 2002,
2003, and 2004; and
(C) $2,300,000 for fiscal year 2005 and
each fiscal year thereafter.
(b) NO REDUCTION IN DEPOSITS OF INTEREST.—
Subsection (a) shall not apply to deposits of interest
earned from investment of amounts in a fund or other ac-
count.
(c) LIMITED FISCAL YEAR DEFINED.—In this sec-
tion, the term ‘‘limited fiscal year’’ means a fiscal year
in which the total amount received by the United States
as qualified Outer Continental Shelf revenues is less
than—
(1) $2,050,000, for fiscal years 2000 and 2001;
(2) $2,150,000, for fiscal years 2002, 2003,
and 2004; and
(3) $2,300,000, for fiscal year 2005 and each
fiscal year thereafter.
SEC. 6. LIMITATION ON USE OF AVAILABLE AMOUNTS FOR
ADMINISTRATION.
Notwithstanding any other provision of law, of
amounts made available by this Act (including the amend-
ments made by this Act) for a particular activity, not more
than 2 percent may be used for administrative expenses
of that activity.
SEC. 7. BUDGETARY TREATMENT OF RECEIPTS AND DIS-
BURSEMENTS.
Notwithstanding any other provision of law, the re-
ceipts and disbursements of funds under this Act and the
amendments made by this Act—
(1) shall not be counted as new budget author-
ity, outlays, receipts, or deficit or surplus for pur-
poses of—
(A) the budget of the United States Gov-
ernment as submitted by the President;
(B) the congressional budget (including al-
locations of budget authority and outlays pro-
vided therein); or
(C) the Balanced Budget and Emergency
Deficit Control Act of 1985; and
(2) shall be exempt from any general budget
limitation imposed by statute on expenditures and
net lending (budget outlays) of the United States
Government.
TITLE I—LAND AND WATER CON-
SERVATION FUND REVITAL-
IZATION
SEC. 101. AMENDMENT OF LAND AND WATER CONSERVA-
TION FUND ACT OF 1965.
Except as otherwise expressly provided, whenever in
this title an amendment or repeal is expressed in terms
of an amendment to, or repeal of, a section or other provi-
sion, the reference shall be considered to be made to a
section or other provision of the Land and Water Con-
servation Fund Act of 1965 (16 U.S.C. 460l–4 et seq.)
SEC. 
102. 
EXTENSION 
OF 
PERIOD 
FOR 
DEPOSITING
AMOUNTS INTO FUND.
Section 2 (16 U.S.C. 460l–5) is amended—
(1) in the matter preceding subsection (a) by
striking ‘‘During the period ending September 30,
2015, there shall be covered into’’ and inserting
‘‘There shall be deposited into’’;
(2) in paragraph (c)(1) by striking ‘‘through
September 30, 2015’’; and
(3) in paragraph (c)(2)—
(A) by striking ‘‘shall be credited to the
fund’’ and all that follows through ‘‘as amended
(43 U.S.C. 1331 et seq.)’’ and inserting ‘‘shall
be deposited into the fund, subject to section 5
of the Resources 2000 Act, from amounts due
and payable to the United States as qualified
Outer Continental Shelf revenues (as that term
is defined in section 4 of that Act)’’; and
(B) in the proviso by striking ‘‘covered’’
and inserting ‘‘deposited’’.
SEC. 103. AVAILABILITY OF AMOUNTS.
Section 3 (16 U.S.C. 460l–6) is amended by striking
so much as precedes the third sentence and inserting the
following:
‘‘APPROPRIATIONS
‘‘SEC. 3. (a) Of amounts in the fund, up to
$900,000,000 shall be available each fiscal year for obliga-
tion or expenditure without further appropriation, and
shall remain available until expended.
‘‘(b) Moneys made available for obligation or expendi-
ture from the fund or from the special account established
under section 4(i)(1) may be obligated or expended only
as provided in this Act.
‘‘(c) The Secretary of the Treasury shall invest mon-
eys in the fund that are excess to expenditures 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 Treasury, taking into consideration current market
yields on outstanding marketable obligations of the United
States of comparable maturity. Interest earned on such
investments shall be deposited into the fund.’’.
SEC. 104. ALLOCATION AND USE OF FUND.
Section 5 (16 U.S.C. 460l–7) is amended to read as
follows:
‘‘SEC. 5. ALLOCATION AND USE OF FUNDS.
‘‘(a) IN GENERAL.—Of the amounts made available
for each fiscal year by this Act—
‘‘(1) 50 percent shall be available for Federal
purposes (in this section referred to as the ‘Federal
portion’); and
‘‘(2) 50 percent shall be available for grants to
States.
‘‘(b) USE OF FEDERAL PORTION.—The President
shall, in the annual budget submitted by the President for
each fiscal year, specify the purposes for which the Fed-
eral portion of the fund is to be used by the Secretary
of the Interior and the Secretary of Agriculture. Such
funds shall be used by the Secretary concerned for the
purposes specified by the President in such budget sub-
mission unless the Congress, in an Act making appropria-
tions for the Department of the Interior and related agen-
cies for such fiscal year, specifies that any part of such
Federal portion shall be used by the Secretary concerned
for other Federal purposes as authorized by this Act.
‘‘(c) FEDERAL PRIORITY LIST.—(1) For purposes of
the budget submission of the President for each fiscal
year, the President shall require the Secretary of the Inte-
rior and the Secretary of Agriculture to prepare Federal
priority lists for expenditure of the Federal portion.
‘‘(2) The Secretaries shall prepare the lists in con-
sultation with the head of each affected bureau or agency,
taking into account the best professional judgment regard-
ing the land acquisition priorities and policies of each bu-
reau or agency.
‘‘(3) In preparing the priority lists, the Secretaries
shall consider—
‘‘(A) the potential adverse impacts which might
result if a particular acquisition is not undertaken;
‘‘(B) the availability of land appraisal and other
information necessary to complete an acquisition in
a timely manner; and
‘‘(C) such other factors as the Secretaries con-
sider appropriate.’’.
SEC. 105. EXPANSION OF STATE ASSISTANCE PURPOSES.
Section 6(a) (16 U.S.C. 460l–8) is amended by strik-
ing ‘‘outdoor recreation:’’.
SEC. 106. 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
made available from the fund each fiscal year for State
purposes shall be apportioned among the several States
by the Secretary, in accordance with this subsection. The
determination of the apportionment by the Secretary shall
be final.
‘‘(2) Two-thirds of the sums made available from the
fund each fiscal year for State purposes shall be distrib-
uted by the Secretary using criteria developed by the Sec-
retary under the following formula:
‘‘(A) 30 percent shall be distributed equally
among the several States.
‘‘(B) 70 percent shall be distributed on the
basis of the ratio which the population of each State
bears to the total population of all States.
‘‘(3) One-third of the sums made available from the
fund each fiscal year for State purposes shall be distrib-
uted among the several States by the Secretary under a
competitive grant program, subject to such criteria as the
Secretary determines necessary to further the purposes of
the Act.
‘‘(4) The total allocation to an individual State under
paragraphs (2) and (3) for a fiscal year shall not exceed
10 percent of the total amount allocated to the several
States under this subsection for that fiscal year.
‘‘(5) 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 that has not been paid or obligated by
the Secretary during the fiscal year in which such notifica-
tion is given and the two fiscal years thereafter shall be
reapportioned by the Secretary in accordance with para-
graph (3), without regard to the 10 percent limitation to
an individual State specified in paragraph (4).
‘‘(6)(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.’’.
SEC. 107. STATE PLANNING.
Section 6(d) (16 U.S.C. 460l–8(d)) is amended to
read as follows:
‘‘(d) STATE PLAN.—(1)(A) A State plan shall be re-
quired prior to the consideration by the Secretary of finan-
cial assistance for acquisition or development projects. In
order to reduce costly repetitive planning efforts, a State
may use for such plan a current State comprehensive out-
door recreation plan, a State recreation plan, or a State
action agenda under criteria developed by the Secretary
if, in the judgment of the Secretary, the plan used encom-
passes and promotes the purposes of this Act. No plan
shall be approved for a State unless the Governor of the
State certifies that ample opportunity for public participa-
tion in development and revision of the plan has been ac-
corded. The Secretary shall develop, in consultation with
others, criteria for public participation, and such criteria
shall constitute the basis for certification by the Governor.
‘‘(B) The plan or agenda shall contain—
‘‘(i) the name of the State agency that will have
the authority to represent and act for the State in
dealing with the Secretary for purposes of this Act;
‘‘(ii) an evaluation of the demand for and sup-
ply of outdoor conservation and recreation resources
and facilities in the State;
‘‘(iii) a program for the implementation of the
plan or agenda; and
‘‘(iv) such other necessary information as may
be determined by the Secretary.
‘‘(C) The plan or agenda shall take into account rel-
evant Federal resources and programs and be correlated
so far as practicable with other State, regional, and local
plans.
‘‘(2) The Secretary may provide financial assistance
to any State for the preparation of a State plan under
subsection (d)(1) when such plan is not otherwise available
or for the maintenance of such a plan.’’.
SEC. 108. 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.’’.
SEC. 109. 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)(i) The Secretary shall approve such conversion
only if the State demonstrates that no prudent or feasible
alternative exists.
‘‘(ii) Clause (i) shall not apply to property that is no
longer viable as an outdoor conservation or recreation fa-
cility due to changes in demographics, or that must be
abandoned because of environmental contamination which
endangers public health and safety.
‘‘(C)(i) The Secretary may not approve such conver-
sion unless the conversion satisfies any conditions the Sec-
retary considers necessary to assure the substitution of
other conservation and recreation properties of at least
equal market value and reasonable equivalent usefulness
and location and which are in accord with the existing
State Plan for conservation and recreation.
‘‘(ii) For purposes of clause (i), wetland areas and
interests therein, as identified in a plan referred to in that
clause and proposed to be acquired as suitable replace-
ment property within the same State, that is otherwise
acceptable to the Secretary shall be considered to be of
reasonably equivalent usefulness with the property pro-
posed for conversion.’’.
TITLE 
II—URBAN 
PARK 
AND
RECREATION 
RECOVERY
PROGRAM AMENDMENTS
SEC. 201. AMENDMENT OF URBAN PARK AND RECREATION
RECOVERY ACT OF 1978.
Except as otherwise expressly provided, whenever in
this title an amendment or repeal is expressed in terms
of an amendment to, or repeal of, a section or other provi-
sion, the reference shall be considered to be made to a
section or other provision of the Urban Park and Recre-
ation Recovery Act of 1978 (16 U.S.C. 2501 et seq.).
SEC. 202. PURPOSES.
The purpose of this title is to provide a dedicated
source of funding to assist local governments in improving
their park and recreation systems.
SEC. 203. AUTHORITY TO DEVELOP NEW AREAS AND FA-
CILITIES.
Section 1003 (16 U.S.C. 2502) is amended by insert-
ing ‘‘development of new recreation areas and facilities,
including the acquisition of lands for such development,’’
after ‘‘rehabilitation of critically needed recreation areas,
facilities,’’.
SEC. 204. DEFINITIONS.
Section 1004 (16 U.S.C. 2503) is amended—
(1) in paragraph (j) by striking ‘‘and’’ after the
semicolon;
(2) in paragraph (k) by striking the period at
the end and inserting a semicolon; and
(3) by adding at the end the following:
‘‘(l) ‘development grants’—
‘‘(1) means matching capital grants to
units of local government to cover costs of de-
velopment, land acquisition, and construction
on existing or new neighborhood recreation
sites, including indoor and outdoor recreational
areas and facilities, and support facilities; and
‘‘(2) does not include landscaping, routine
maintenance, and upkeep activities;
‘‘(m) ‘qualified Outer Continental Shelf reve-
nues’ has the meaning given that term in section 4
of the Resources 2000 Act; and
‘‘(n) ‘Secretary’ means the Secretary of the In-
terior.’’.
SEC. 205. ELIGIBILITY.
Section 1005(a) (16 U.S.C. 2504(a)) 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, eli-
gible general purpose local governments shall include the
following:
‘‘(1) All political subdivisions of Metropolitan,
Primary, or Consolidated Statistical Areas, as deter-
mined by the most recent Census.
‘‘(2) Any other city or town within such a Met-
ropolitan Statistical Area, that has a total popu-
lation of 50,000 or more as determined by the most
recent Census.
‘‘(3) Any other county, parish, or township with
a total population of 250,000 or more as determined
by the most recent Census.’’.
SEC. 206. GRANTS.
Section 1006 (16 U.S.C. 2505) is amended by strik-
ing so much as precedes subsection (a)(3) and inserting
the following:
‘‘SEC. 1006. (a)(1) The Secretary may provide 70
percent matching grants for rehabilitation, development,
and innovation purposes to any eligible general purpose
local government upon approval by the Secretary of an ap-
plication submitted by the chief executive of such govern-
ment.
‘‘(2) At the discretion of such an applicant, a grant
under this section may be transferred in whole or part to
independent special purpose local governments, private
nonprofit agencies, or county or regional park authorities,
if—
‘‘(A) such transfer is consistent with the ap-
proved application for the grant; and
‘‘(B) the applicant provides assurance to the
Secretary that the applicant will maintain public
recreation opportunities at assisted areas and facili-
ties owned or managed by the applicant in accord-
ance with section 1010.
‘‘(3) Payments may be made only for those rehabilita-
tion, development, or innovation projects that 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.’’.
SEC. 207. RECOVERY ACTION PROGRAMS.
Section 1007(a) (16 U.S.C. 2506(a)) is amended—
(1) in subsection (a) in the first sentence by in-
serting ‘‘development,’’ after ‘‘commitments to ongo-
ing planning,’’; and
(2) in subsection (a)(2) by inserting ‘‘develop-
ment and’’ after ‘‘adequate planning for’’.
SEC. 208. STATE ACTION INCENTIVES.
Section 1008 (16 U.S.C. 2507) is amended—
(1) by inserting ‘‘(a) IN GENERAL.—’’ before
the first sentence; and
(2) by striking the last sentence of subsection
(a) (as designated by paragraph (1) of this section)
and inserting the following:
‘‘(b) COORDINATION WITH LAND AND WATER CON-
SERVATION FUND ACTIVITIES.—(1) The Secretary and
general purpose local governments are encouraged to co-
ordinate preparation of recovery action programs required
by this title with State plans required under section 6 of
the Land and Water Conservation Fund Act of 1965, in-
cluding 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 similar pur-
poses or for other conservation or recreation purposes.
(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. 209. 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—
‘‘(A) property developed with amounts provided
under this title; and
‘‘(B) the park, recreation, or conservation area
of which the property is a part.
‘‘(b)(1) The Secretary shall approve such conversion
only if the grantee demonstrates no prudent or feasible
alternative exists.
‘‘(2) Paragraph (1) shall apply to property that is
no longer a viable recreation facility due to changes in de-
mographics or that must be abandoned because of environ-
mental contamination which endangers public health or
safety.
‘‘(c) Any conversion must satisfy any conditions the
Secretary considers necessary to assure substitution of
other recreation property that is—
‘‘(1) of at least equal fair market value, or rea-
sonably equivalent usefulness and location; and
‘‘(2) in accord with the current recreation re-
covery action plan of the grantee.’’.
SEC. 210. AVAILABILITY OF AMOUNTS.
Section 1013 (16 U.S.C. 2512) is amended to read
as follows:
‘‘APPROPRIATIONS
‘‘SEC. 1013. (a) IN GENERAL.—
‘‘(1) ESTABLISHMENT OF FUND.—There is es-
tablished in the Treasury of the United States a
fund that shall be known as the ‘Urban Park and
Recreation Recovery Fund’ (in this section referred
to as the ‘Fund’). The Fund shall consist of such
amounts as are deposited into the Fund under this
subsection. Amounts in the fund shall only be used
to carry out this title.
‘‘(2) DEPOSITS.—Subject to section 5 of the
Resources 2000 Act, from amounts received by the
United States as qualified Outer Continental Shelf
revenues there shall be deposited into the fund
$100,000,000 each fiscal year.
‘‘(3) AVAILABILITY.—Of amounts in the fund,
up to $100,000,000 shall be available each fiscal
year without further appropriation, and shall remain
available until expended.
‘‘(4) INVESTMENT OF EXCESS AMOUNTS.—The
Secretary of the Treasury shall invest moneys in the
Fund that are excess to expenditures 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 Treasury, taking into consid-
eration current market yields on outstanding mar-
ketable obligations of the United States of com-
parable maturity. Interest earned on such invest-
ments shall be deposited into the Fund.
‘‘(b) 
LIMITATIONS
ON
ANNUAL
GRANTS.—Of
amounts available to the Secretary each fiscal year under
this section—
‘‘(1) not more that 3 percent may be used for
grants for the development of local park and recre-
ation recovery action programs pursuant to sections
1007(a) and 1007(c);
‘‘(2) not more than 10 percent may be used for
innovation grants pursuant to section 1006; and
‘‘(3) not more than 15 percent may be provided
as grants (in the aggregate) for projects in any one
State.
‘‘(c) LIMITATION ON USE FOR GRANT ADMINISTRA-
TION.—The Secretary shall establish a limit on the portion
of any grant under this title that may be used for grant
and program administration.’’.
SEC. 211. REPEAL.
Section 1015 (16 U.S.C. 2514) is repealed.
TITLE III—HISTORIC
PRESERVATION FUND
SEC. 301. AVAILABILITY OF AMOUNTS.
Section 108 of the National Historic Preservation Act
(16 U.S.C. 470h) is amended—
(1) by inserting ‘‘(a)’’ before the first sentence;
(2) in subsection (a) (as designated by para-
graph (1) of this section) by striking ‘‘There shall be
covered into such fund’’ and all that follows through
‘‘(43 U.S.C. 338),’’ and inserting ‘‘Subject to section
5 of the Resources 2000 Act, there shall be depos-
ited into such fund $150,000,000 for each fiscal
year after fiscal year 1998 from revenues due and
payable to the United States as qualified Outer Con-
tinental Shelf revenues (as that term is defined in
section 4 of that Act),’’.
(3) by striking the third sentence of subsection
(a) (as so designated) and all that follows through
the end of the subsection and inserting ‘‘Such mon-
eys shall be used only to carry out the purposes of
this Act.’’; and
(4) by adding at the end the following:
‘‘(b)(1) Of amounts in the fund, up to $150,000,000
shall be available each fiscal year after September 30,
1999, for obligation or expenditure without further appro-
priation to carry out the purposes of this Act, and shall
remain available until expended.
‘‘(2) At least 1⁄2 of the funds obligated or expended
each fiscal year under this section shall be used in accord-
ance with this Act for preservation projects on historic
properties. In making such funds available, the Secretary
shall give priority to the preservation of endangered his-
toric properties.
‘‘(c) The Secretary of the Treasury shall invest mon-
eys in the fund that are excess to expenditures 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 Treasury, taking into consideration current market
yields on outstanding marketable obligations of the United
States of comparable maturity. Interest earned on such
investments shall be deposited into the fund.’’.
TITLE IV—FARMLAND, RANCH-
LAND, 
OPEN 
SPACE, 
AND
FORESTLAND PROTECTION
SEC. 401. PURPOSE.
The purpose of this title is to provide a dedicated
source of funding to the Secretary of Agriculture and the
Secretary of the Interior for programs to provide matching
grants to certain eligible entities to facilitate the purchase
of conservation easements on farmland, ranchland, open
space, and forestland in order to—
(1) protect the ability of these lands to continue
in productive sustainable agricultural use; and
(2) prevent the loss of their value to the public
as open space because of nonagricultural develop-
ment.
SEC. 402. FARMLAND, RANCHLAND, OPEN SPACE, AND
FORESTLAND 
PROTECTION 
FUND; 
AVAIL-
ABILITY OF AMOUNTS.
(a) ESTABLISHMENT
OF FUND.—There is estab-
lished in the Treasury of the United States a fund that
shall be known as the ‘‘Farmland, Ranchland, Open
Space, and Forestland Protection Fund’’ (in this title re-
ferred to as the ‘‘Fund’’). Subject to section 5 of this Act,
there shall be deposited into the Fund $150,000,000 of
qualified Outer Continental Shelf revenues received by the
United States each fiscal year.
(b) AVAILABILITY.—Amounts in the Fund shall be
available as provided in section 403, without further ap-
propriation, and shall remain available until expended.
(c) INVESTMENT OF EXCESS AMOUNTS.—The Sec-
retary of the Treasury shall invest moneys in the Fund
that are excess to expenditures in public debt securities
with maturities suitable to the needs of the Fund, as de-
termined by the Secretary of the Treasury, and bearing
interest at rates determined by the Secretary of the Treas-
ury, taking into consideration current market yields on
outstanding marketable obligations of the United States
of comparable maturity. Interest earned on such invest-
ments shall be deposited into the Fund.
SEC. 403. AUTHORIZED USES OF FARMLAND, RANCHLAND,
OPEN SPACE, AND FORESTLAND PROTEC-
TION FUND.
(a) FARMLAND PROTECTION PROGRAM.—The Sec-
retary of Agriculture may use up to $50,000,000 annually
from the Farmland, Ranchland, Open Space, and
Forestland Protection Fund for the Farmland Protection
Program established under section 388 of the Federal Ag-
riculture Improvement and Reform Act of 1996 (Public
Law 104–127; 16 U.S.C. 3830 note), as amended by sec-
tion 404.
(b) RANCHLAND PROTECTION PROGRAM.—The Sec-
retary of the Interior may use up to $50,000,000 annually
from the Fund for the Ranchland Protection Program es-
tablished by section 405.
(c) FOREST LEGACY PROGRAM.—The Secretary of
Agriculture may use up to $50,000,000 annually from the
Fund for the Forest Legacy Program established by sec-
tion 7 of the Cooperative Forestry Assistance Act of 1978
(16 U.S.C. 2103c).
SEC. 404. FARMLAND PROTECTION PROGRAM.
(a) EXPANSION
OF EXISTING PROGRAM.—Section
388 of the Federal Agriculture Improvement and Reform
Act of 1996 (Public Law 104–127; 16 U.S.C. 3830 note)
is amended to read as follows: