I
106TH CONGRESS
1ST SESSION
H. R. 3245
To establish a fund to meet the outdoor conservation and recreation needs
of the American people, to provide Outer Continental Shelf impact assist-
ance to State and local governments, to amend the Land and Water
Conservation Fund Act of 1965, the Urban Park and Recreation Recov-
ery Act of 1978, and the Act popularly known as the Federal Aid
in Wildlife Restoration Act, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
NOVEMBER 8, 1999
Mr. YOUNG of Alaska (for himself and Mr. GEORGE MILLER of California)
introduced the following bill; which was referred to the Committee on Re-
sources, and in addition to the Committee on the Budget, for a period
to be subsequently determined by the Speaker, in each case for consider-
ation of such provisions as fall within the jurisdiction of the committee
concerned
A BILL
To establish a fund to meet the outdoor conservation and
recreation needs of the American people, to provide
Outer Continental Shelf impact assistance to State and
local governments, to amend the Land and Water Con-
servation Fund Act of 1965, the Urban Park and Recre-
ation Recovery Act of 1978, and the Act popularly known
as the Federal Aid in Wildlife Restoration Act, 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 1999’’.
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. Budgetary treatment of receipts and disbursements.
Sec. 8. Recordkeeping requirements.
Sec. 9. Maintenance of effort and matching funding.
Sec. 10. Sunset.
Sec. 11. Protection of private property rights.
Sec. 12. 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. Purposes.
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—CONSERVATION EASEMENTS AND ENDANGERED AND
THREATENED SPECIES RECOVERY
Subtitle A—Conservation Easements
Sec. 701. Purpose.
Sec. 702. Treatment of amounts transferred from Conservation and Reinvest-
ment Act Fund.
Sec. 703. Authorized uses of transferred amounts.
Sec. 704. Conservation Easement Program.
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
the Land and Water Conservation Fund Act of 1965
(16 U.S.C. 460l–4 and following), the Act of Sep-
tember 2, 1937 (16 U.S.C. 669 and following), com-
monly referred to as the Federal Aid in Wildlife Res-
toration Act or the Pittman-Robertson Act, the
Urban Park and Recreation Recovery Act of 1978
(16 U.S.C. 2501 and following), the National His-
toric Preservation Act (16 U.S.C. 470h and fol-
lowing), or the Federal Agriculture Improvement
and Reform Act of 1996 (Public Law 104–127; 16
U.S.C. 3830 note).
(8) 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 nat-
ural gas resources, which is a unit consisting of ei-
ther a block, a portion of a block, a combination of
blocks or portions of blocks, or a combination of por-
tions of blocks, as specified in the lease, and as de-
picted on an Outer Continental Shelf Official Pro-
traction Diagram.
(9) The term ‘‘Outer Continental Shelf’’ means
all submerged lands lying seaward and outside of the
area of ‘‘lands beneath navigable waters’’ as defined
in section 2(a) of the Submerged Lands Act (43
U.S.C. 1301(a)), and of which the subsoil and sea-
bed appertain to the United States and are subject
to its jurisdiction and control.
(10) The term ‘‘political subdivision’’ means the
local political jurisdiction immediately below the level
of State government, including counties, parishes,
and boroughs. If State law recognizes an entity of
general government that functions in lieu of, and is
not within, a county, parish, or borough, the Sec-
retary may recognize an area under the jurisdiction
of such other entities of general government as a po-
litical subdivision for purposes of this title.
(11) The term ‘‘producing State’’ means a
State with a coastal seaward boundary within 200
miles from the geographic center of a leased tract
other than a leased tract or portion of a leased tract
that is located in a geographic area subject to a leas-
ing moratorium on January 1, 1999 (unless the
lease was issued prior to the establishment of the
moratorium and was in production on January 1,
1999.)
(12) The term ‘‘qualified Outer Continental
Shelf revenues’’ means (except as otherwise provided
in this paragraph) all moneys received by the United
States from each leased tract or portion of a leased
tract lying seaward of the zone defined and governed
by section 8(g) of the Outer Continental Shelf Lands
Act (43 U.S.C. 1337(g)), or lying within such zone
but to which section 8(g) does not apply, the geo-
graphic center of which lies within a distance of 200
miles from any part of the coastline of any coastal
State, including bonus bids, rents, royalties (includ-
ing payments for royalty taken in kind and sold),
net profit share payments, and related late-payment
interest from natural gas and oil leases issued pur-
suant to the Outer Continental Shelf Lands Act.
Such term does not include any revenues from a
leased tract or portion of a leased tract that is lo-
cated in a geographic area subject to a leasing mora-
torium on January 1, 1999, unless the lease was
issued prior to the establishment of the moratorium
and was in production on January 1, 1999.
(13) The term ‘‘Secretary’’ means the Secretary
of the Interior or the Secretary’s designee, except as
otherwise specifically provided.
(14) The term ‘‘Fund’’ means the Conservation
and Reinvestment Act Fund established under sec-
tion 5.
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 or 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 Governor’s 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 in 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 all amounts deposited in the fund as
follows:
(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–4 and following) such amounts as
are necessary 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. 470h 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) $150,000,000 to the Secretary of the Inte-
rior to carry out title VII of this Act with (A)
$100,000,000 of such amount transferred to the
Secretary of the Interior for purposes of subtitle A
of title VII and (B) $50,000,000 of such amount
transferred to the Secretary of the Interior for pur-
poses of subtitle B of title VII.
(c) SHORTFALL.—If amounts deposited in the Con-
servation and Reinvestment Act Fund in any fiscal year
after the fiscal year 2000 are less than $2,825,000,000,
the amounts transferred under paragraphs (1) through (7)
of subsection (b) for that fiscal year shall each be reduced
proportionately.
(d) INTEREST.—
(1) IN GENERAL.—The Secretary of the Treas-
ury shall invest moneys in the Fund 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.
(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 of the United
States Code (relating to PILT), 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 subparagraph
(A) and (B) in proportion to the amounts authorized
and appropriated for that fiscal year under other
provisions of law for purposes of such programs.
(3) CEILING
ON
EXPENDITURES
OF
INTER-
EST.—Amounts made available under paragraph (2)
in each fiscal year shall not exceed the lesser of the
following:
(A) $200,000,000.
(B) The total amount authorized and ap-
propriated for that fiscal year under other pro-
visions of law for purposes of the programs re-
ferred to in subparagraphs (A) and (B) of para-
graph (2).
(4) TITLE III INTEREST.—All interest attrib-
utable to amounts transferred by the Secretary of
the Treasury to the Secretary of the Interior for
purposes of title III of this Act (and the amend-
ments made by such title III) shall be available,
without further appropriation, for obligation or ex-
penditure for purposes of the North American Wet-
lands Conservation Act of 1989 (16 U.S.C. 4401
and following).
(e) REFUNDS.—In those instances where through ju-
dicial decision, administrative review, arbitration, or other
means there are royalty refunds owed to entities gener-
ating revenues under this title, such refunds shall be paid
by the Secretary of the Treasury from amounts available
in the Fund.
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. Nothing in this section shall affect the
prohibition contained in section 4(c) of the Federal Aid
in Wildlife Restoration Act.
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.
SEC. 8. RECORDKEEPING REQUIREMENTS.
The Secretary of the Interior in consultation with the
Secretary of Agriculture shall establish such rules regard-
ing recordkeeping by State and local governments and the
auditing of expenditures made by State and local govern-
ments from fund made available under this Act as may
be necessary. Such rules shall be in addition to other re-
quirements established regarding recordkeeping and the
auditing of such expenditures under other authority of
law.
SEC. 9. MAINTENANCE OF EFFORT AND MATCHING FUND-
ING.
(a) IN GENERAL.—Except as provided in subsection
(b), no State or local government shall receive any funds
under this Act during any fiscal year when its expendi-
tures of non-Federal funds for recurrent expenditures for
programs for which funding is provided under this Act will
be less than its expenditures were for such programs dur-
ing the preceding fiscal year. No State or local government
shall receive any funding under this Act with respect to
a program unless the Secretary is satisfied that such a
grant will be so used to supplement and, to the extent
practicable, increase the level of State, local, or other non-
Federal funds available for such program. In order for the
Secretary to provide funding under this Act in a timely
manner each fiscal year, the Secretary shall compare a
State or local government’s prospective expenditure level
to that of its second preceding fiscal year.
(b) EXCEPTION.—The Secretary may provide fund-
ing under this Act to a State or local government not
meeting the requirements of subsection (a) if the Sec-
retary determines that a reduction in expenditures is at-
tributable to a non-selective reduction in the expenditures
in the programs of all Executive branch agencies of the
State or local government.
(c) USE OF FUND TO MEET MATCHING REQUIRE-
MENTS.—All funds received by a State or local govern-
ment under this Act shall be treated as Federal funds for
purposes of compliance with any provision in effect under
any other law requiring that non-Federal funds be used
to provide a portion of the funding for any program or
project.
SEC. 10. SUNSET.
This Act, including the amendments made by this
Act, shall have no force or effect after September 30,
2015.
SEC. 11. PROTECTION OF PRIVATE PROPERTY RIGHTS.
(a) SAVINGS CLAUSE.—Nothing in the Act shall au-
thorize that private property be taken for public use, with-
out just compensation as provided by the Fifth and Four-
teenth amendments to the United States Constitution.
(b) REGULATION.—Federal agencies, using funds ap-
propriated by this Act, may not apply any regulation on
any lands until the lands or water, or an interest therein,
is acquired, unless authorized to do so by another Act of
Congress.
SEC. 12. SIGNS.
(a) IN GENERAL.—The Secretary shall require, as a
condition of any financial assistance provided with
amounts made available by this Act, that the person that
owns or administers any site that benefits from such as-
sistance shall include on any sign otherwise installed at
that site at or near an entrance or public use focal point,
a statement that the existence or development of the site
(or both), as appropriate, is a product of such assistance.
(b) STANDARDS.—The Secretary shall provide for the
design of standardized signs for purposes of subsection
(a), and shall prescribe standards and guidelines for such
signs.
TITLE I—IMPACT ASSISTANCE
AND COASTAL CONSERVATION
SEC. 101. IMPACT ASSISTANCE FORMULA AND PAYMENTS.
(a) IMPACT ASSISTANCE PAYMENTS TO STATES.—
(1) GRANT PROGRAM.—Amounts transferred to
the Secretary of the Interior from the Conservation
and Reinvestment Act Fund under section 5(b)(1) of
this Act for purposes of making payments to coastal
States under this title in any fiscal year shall be al-
located by the Secretary of the Interior among coast-
al States as provided in this section in each such fis-
cal year. In each such fiscal year, the Secretary of
the Interior shall, without further appropriation, dis-
burse such allocated funds to those coastal States
for which the Secretary has approved a Coastal
State Conservation and Impact Assistance Plan as
required by this title. Payments for all projects shall
be made by the Secretary to the Governor of the
State or to the State official or agency designated by
the Governor or by State law having authority and
responsibility to accept and to administer funds paid
hereunder. No payment shall be made to any State
until the State has agreed to provide such reports to
the Secretary, in such form and containing such in-
formation, as may be reasonably necessary to enable
the Secretary to perform his duties under this Act,
and provide such fiscal control and fund accounting
procedures as may be necessary to assure proper
disbursement and accounting for Federal revenues
paid to the State under this Act.
(2) FAILURE TO HAVE PLAN APPROVED.—At
the end of each fiscal year, the Secretary shall re-
turn to the Conservation and Reinvestment Act
Fund any amount that the Secretary allocated, but
did not disburse, in that fiscal year by the Secretary
to a coastal State that does not have an approved
plan under this title before the end of the fiscal year
in which such grant is allocated, except that the Sec-
retary shall hold in escrow until the final resolution
of the appeal any amount allocated, but not dis-
bursed, to a coastal State that has appealed the dis-
approval of a plan submitted under this title.
(b) ALLOCATION AMONG COASTAL STATES.—
(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 transferred from the Fund under section
5(b)(1) for each fiscal year using the following
weighted formula:
(A) 50 percent of such revenues shall be
allocated among the coastal States as provided
in paragraph (2).
(B) 25 percent of such revenues shall be
allocated to each coastal State based on the
ratio of each State’s shoreline miles to the
shoreline miles of all coastal States.
(C) 25 percent of such revenues shall be
allocated to each coastal State based on the
ratio of each State’s coastal population to the
coastal population of all coastal States.
(2) OFFSHORE
OUTER
CONTINENTAL
SHELF
SHARE.—If any portion of a producing State lies
within a distance of 200 miles from the geographic
center of any leased tract, the Secretary of the Inte-
rior shall determine such State’s allocable share
under paragraph (1)(A) based on the formula set
forth in this paragraph. Such State share shall be
calculated as of the date of the enactment of this
Act for the first 5-fiscal year period during which
funds are disbursed under this title and recalculated
on the anniversary of such date each fifth year
thereafter for each succeeding 5-fiscal year period.
Each such State’s allocable share of the revenues
disbursed under paragraph (1)(A) shall be inversely
proportional to the distance between the nearest
point on the coastline of such State and the geo-
graphic center of each leased tract or portion of the
leased tract (to the nearest whole mile) that is with-
in 200 miles of that coastline, as determined by the
Secretary for the 5-year period concerned. In apply-
ing this paragraph a leased tract or portion of a
leased tract shall be excluded if the tract or portion
is located in a geographic area subject to a leasing
moratorium on January 1, 1999, unless the lease
was issued prior to the establishment of the morato-
rium and was in production on January 1, 1999.
(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 in any
fiscal year than 0.50 percent of the total
amount of the revenues transferred by the Sec-
retary of the Treasury to the Secretary of the
Interior for purposes of this title for that fiscal
year under subsection (a). For any other coast-
al State the allocable share of such revenues
shall not be less than 0.25 percent of such reve-
nues.
(B) 
RECOMPUTATION.—Where 
one 
or
more coastal States’ allocable shares, as com-
puted under paragraphs (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 transferred by the Secretary of the
Treasury to the Secretary of the Interior for
purposes of this title for that fiscal year under
subsection (a) is allocated to all coastal States.
The reduction shall be divided pro rata among
such other coastal States.
(c) PAYMENTS TO POLITICAL SUBDIVISIONS.—In the
case of a producing State, the governor shall pay 50 per-
cent of the State’s allocable share, as determined under
subsection (b), to the coastal political subdivisions in such
State. Such payments shall be allocated among such coast-
al political subdivisions of the State according to an alloca-
tion formula analogous to the allocation formula used in
subsection (b) to allocate revenues among the coastal
States, except that a coastal political subdivision in the
State of California that has a coastal shoreline, that is
not within 200 miles of the geographic center of a leased
tract or portion of a leased tract, and in which there is
located one or more oil refineries shall be eligible for that
portion of the allocation described in subsection (b)(1)(A)
and (b)(2) in the same manner as if that political subdivi-
sion were located within a distance of 50 miles from the
geographic center of any leased tract.
(d) TIME OF PAYMENT.—Payments to coastal States
and coastal political subdivisions under this section shall
be made not later than December 31 of each year from
revenues received during the immediately preceding fiscal
year.
SEC. 102. COASTAL STATE CONSERVATION AND IMPACT AS-
SISTANCE PLANS.
(a) DEVELOPMENT
AND SUBMISSION
OF STATE
PLANS.—Each Coastal State seeking to receive grants
under this title shall prepare, and submit to the Secretary,
a State-wide Coastal State Conservation and Impact As-
sistance Plan. In the case of a producing State, the gov-
ernor shall incorporate the plans of the coastal political
subdivisions into the State-wide plan for transmittal to the
Secretary. The governor shall solicit local input and shall
provide for public participation in the development of the
State-wide plan. The plan shall be submitted to the Sec-
retary by April 1 of the calendar year after the calendar
year in which this Act is enacted.
(b) APPROVAL OR DISAPPROVAL.—
(1) IN GENERAL.—Approval of a comprehensive
statewide plan is required prior to disbursement of
funds under this title by the Secretary. The Sec-
retary shall approve the State plan if the Secretary
determines, in consultation with the Secretary of
Commerce that the plan is consistent with the uses
set forth in subsection (c) and if the plan contains
each of the following:
(A) 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 title.
(B) A program for the implementation of
the plan which, for producing States includes a
description of how funds will be used to address
the impacts of oil and gas production from the
Outer Continental Shelf.
(C) Certification by the Governor that
ample opportunity has been accorded for pubic