I
106TH CONGRESS
1ST SESSION
H. R. 701
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
FEBRUARY 10, 1999
Mr. YOUNG of Alaska (for himself, Mr. DINGELL, Mr. TAUZIN, Mr. JOHN, Mr.
BAKER, Mr. RANGEL, Mr. CHAMBLISS, Mr. PETERSON of Minnesota, Mr.
ROGERS, Mr. TANNER, Mr. LIVINGSTON, Mr. LAMPSON, Mr. MCCRERY,
Mr. TOWNS, Mr. GOSS, Mr. KILDEE, Mr. NORWOOD, Mr. SHOWS, Mr.
HILLIARD, Mr. SESSIONS, Mr. LUTHER, Mr. ROEMER, Ms. MCCARTHY
of Missouri, Mr. WEYGAND, Mr. WELLER, Mr. WATKINS, Mr. JEFFER-
SON, Ms. JACKSON-LEE of Texas, Mr. COOKSEY, Mr. HOLDEN, Mr.
BASS, Ms. EDDIE BERNICE JOHNSON of Texas, Mr. GILCHREST, Mrs.
BONO, and Mr. DUNCAN) introduced the following bill; which was re-
ferred to the Committee on Resources
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 1999’’.
TITLE I—OUTER CONTINENTAL
SHELF IMPACT ASSISTANCE
SEC. 101. FINDINGS.
The Congress finds and declares that—
(1) the Nation owns valuable mineral assets
that are located both onshore and on the Federal
Outer Continental Shelf and the policy of the Fed-
eral Government is to develop those resources for
the benefit of the Nation, under certain restrictions
that are designed to prevent environmental damage
and other adverse impacts;
(2) development of these resources of the Na-
tion is accompanied by unavoidable environmental
impacts and public service impacts in the States that
host this development whether the development oc-
curs onshore or on the Federal Outer Continental
Shelf;
(3) the Federal Government has a responsibility
to assist States that host the development of Federal
mineral assets to mitigate adverse environmental
and public service impacts incurred due to that de-
velopment;
(4) the Federal Government discharges its re-
sponsibility to States that host onshore Federal min-
eral development by sharing 50 percent of the reve-
nue derived from the mineral development with the
host State pursuant to section 35 of the Mineral
Leasing Act;
(5) today Federal mineral development is occur-
ring as far as 200 miles offshore and occurs off the
coasts of only 6 States and section 8(g) of the Outer
Continental Shelf Lands Act does not adequately
compensate these States for the onshore impacts of
the offshore Federal mineral development;
(6) Federal Outer Continental Shelf mineral de-
velopment is an important and secure source of our
Nation’s supply of oil and natural gas;
(7) the Outer Continental Shelf Advisory Com-
mittee of the Department of the Interior, consisting
of representatives of coastal States, recommended in
October 1997, that Federal mineral revenue derived
from the entire Outer Continental Shelf be shared
with all coastal States and territories to mitigate on-
shore impacts from Federal offshore mineral devel-
opment and for other environmental mitigation;
(8) Federal mineral assets are a nonrenewable,
capital asset of the Nation; the production and sale
of this asset produces revenue to the Nation that is
also a capital asset of the Nation; thus, a portion of
the revenue derived from the production and sale of
Federal minerals should be reinvested in the Nation
through environmental mitigation and public service
improvements; and
(9) it is fair to share a portion of the revenue
derived from Federal Outer Continental Shelf pro-
duction with the impacted States; and an emphasis
on where this production takes place should not be
construed as incentive for development.
SEC. 102. DEFINITIONS.
For purposes of this title:
(1) The term ‘‘allocable share’’ means, for a
coastal State, that portion of revenue that is allo-
cated to that coastal State under section 103(c). For
an eligible political subdivision of a coastal State,
such term means that portion of revenue that is allo-
cated to that political subdivision under section
103(e).
(2) 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. 1455).
(3) The term ‘‘coastal State’’ means any State
of the United States bordering on the Atlantic
Ocean, the Pacific Ocean, the Arctic Ocean, the Ber-
ing Sea, the Gulf of Mexico, or any of the Great
Lakes, Puerto Rico, Guam, American Samoa, the
Virgin Islands, and the Commonwealth of the North-
ern Mariana Islands.
(4) The term ‘‘coastline’’ has the same meaning
that it has in the Submerged Lands Act (43 U.S.C.
1301 et seq.).
(5) The term ‘‘distance’’ means minimum great
circle distance, measured in statute miles.
(6) The term ‘‘eligible political subdivision’’
means a political subdivision of a coastal State
which political subdivision has a seaward boundary
that lies within a distance of 200 miles from the ge-
ographic center of any leased tract. The Secretary
shall annually provide a list of all eligible political
subdivisions of each coastal State to the Governor of
such State.
(7) 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.
(8) The term ‘‘Governor’’ means the highest
elected official of a coastal State.
(9) 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 and/or portions of blocks, as specified in the
lease, and as depicted on an Outer Continental Shelf
Official Protraction Diagram.
(10) The term ‘‘Outer Continental Shelf’’
means all submerged lands lying seaward and out-
side 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 seabed appertain to the United States and are
subject to its jurisdiction and control.
(11) 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.
(12) The term ‘‘qualified Outer Continental
Shelf revenues’’ means 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 with-
in such zone but to which section 8(g) does not
apply, the geographic 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 (including payments for royalty taken in
kind and sold), net profit share payments, and relat-
ed late-payment interest from natural gas and oil
leases issued pursuant to the Outer Continental
Shelf Lands Act.
(13) The term ‘‘Secretary’’ means the Secretary
of the Interior or the Secretary’s designee.
(14) The term ‘‘the Fund’’ means the Outer
Continental Shelf Impact Assistance Fund estab-
lished under section 103(a).
SEC. 103. IMPACT ASSISTANCE FORMULA AND PAYMENTS.
(a) ESTABLISHMENT OF FUND.—(1) There is estab-
lished in the Treasury of the United States a fund which
shall be known as the ‘‘Outer Continental Shelf Impact
Assistance Fund’’. The Secretary shall deposit in the
Fund in this section 27 percent of the qualified Outer
Continental Shelf revenues.
(2) No revenues shall be placed in the Fund from
a leased tract or portion of a leased tract that 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 moratorium and was in production
on January 1, 1999.
(3) The Secretary of the Treasury shall invest mon-
eys in the Fund that are excess to expenditures at the
written request of the Secretary, in public debt securities
with maturities suitable to the needs of the Fund, as de-
termined by the Secretary, and bearing interest at rates
determined by the Secretary of the Treasury, taking into
consideration current market yields on outstanding mar-
ketable obligations of the United States of comparable ma-
turity. All interest earned on such moneys shall be avail-
able, without further appropriation, for obligation or ex-
penditure under chapter 69 of title 31 of the United States
Code (relating to PILT) or under section 401 of the Act
of June 15, 1935 (49 Stat. 383; 16 U.S.C. 715s).
(b) PAYMENT TO STATES.—Notwithstanding section
9 of the Outer Continental Shelf Lands Act (43 U.S.C.
1338), the Secretary shall, without further appropriation,
make payments in each fiscal year to coastal States and
to eligible political subdivisions equal to the amount depos-
ited in the Fund for the prior fiscal year (reduced by any
refunds paid under section 106(b) and not including any
interest earned as provided in subsection (a)(3)). Such
payments shall be allocated among the coastal States and
eligible political subdivisions as provided in this section.
(c) 
DETERMINATION
OF
STATES’ 
ALLOCABLE
SHARES.—
(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 such revenues shall be
allocated to each State as provided in para-
graph (2).
(B) 25 percent of such revenues shall be
allocated to each 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 State 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. In applying 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 sub-
ject to a leasing moratorium on January 1, 1999,
unless the lease was issued prior to the establish-
ment of the moratorium 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 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 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
the following projects and activities:
(1) Air quality, water quality, fish and wildlife
(including cooperative or contract research on ma-
rine fish), wetlands, or other coastal and estuarine
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 and planning costs of com-
plying with the provisions of this subtitle. Up to one
percent of the amounts made available to any State
in any fiscal year under this title may be used for
purposes of administrative costs.
(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 STATES AND ELIGIBLE POLITI-
CAL SUBDIVISIONS.
(a) STATE PLANS.—Within 1 year after the date of
enactment of this Act, the Governor of every State eligible
to receive moneys from the Fund shall develop a State
plan for the use of such moneys and shall certify the plan
to the Secretary. The plan shall be developed with public
participation and shall include the plan for the use of such
funds by every political subdivision of the State eligible
to receive moneys from the Fund. The Governor shall cer-
tify to the Secretary that the plan was developed with pub-
lic participation and in accordance with all applicable
State laws. The Governor shall amend the plan, as nec-
essary, with public participation, but not less than every
5 years.
(b) PROJECT SUBMISSION.—Prior to receiving funds
pursuant to this title for any fiscal year, an eligible politi-
cal subdivision shall 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 subdivision pro-
poses to expend such funds. Such plan shall state the
amounts proposed to be expended for each project or activ-
ity during the upcoming fiscal year.
(c) 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 (b) 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 eligible
uses set forth in section 104.
(d) 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
Governor—
(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.
The certification under paragraph (4) shall include a cer-
tification that a project or activity is consistent with the
State plan developed under subsection (a).
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 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 places
accessible to the public for conservation and public
recreation and benefit from resources belonging to
all people, of all generations, and the enhancement
of the most precious and most renewable natural re-
source 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) Because of competition for funding and the
limited availability of Federal moneys, the original
intention of the Land and Water Conservation Fund
Act of 1965 has been abandoned and, in recent
years, States have not received an equitable propor-
tion of direct funding.
(4) With population growth and urban sprawl,
the demand for conservation and recreation areas at
the State and local level, including urban localities,
remains a high priority.
(5) There has been an increasing need for Fed-
eral moneys to be made available for Federal pur-
poses under the Land and Water Conservation Fund
Act of 1965, with lands identified as important for
Federal acquisition not being acquired for several
years due to insufficient funds.
(b) PURPOSE.—The purpose of this title is to com-
plement 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 conserva-
tion and recreation needs, and to provide a secure source
of Federal purposes under the Land and Water Conserva-
tion 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.—(1)
23 percent of the qualified Outer Continental Shelf reve-
nues (as defined in section 102 of the Conservation and
Reinvestment Act of 1999) shall also be credited to a sepa-
rate account in the Land and Water Conservation Fund
in the Treasury in each fiscal year through September 30,
2015. Revenues covered into the fund under this sub-
section shall be available, without further appropriation,
in the next succeeding fiscal year to carry out this Act.
To the extent that such revenues in a fiscal year exceed
$900,000,000, such excess shall be available, without fur-
ther appropriation, in the next succeeding fiscal year for
obligation or expenditure under chapter 69 of title 31 of
the United States Code (relating to PILT) or under sec-
tion 401 of the Act of June 15, 1935 (49 Stat. 383; 16
U.S.C. 715s).
‘‘(2) The Secretary of the Treasury shall invest mon-
eys in the separate account that are excess to expenditures
at the written request of the Secretary, in public debt se-
curities with maturities suitable to the needs of the Fund,
as determined by the Secretary, 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. All interest earned on such moneys shall be
available, without further appropriation, for obligation or
expenditure under chapter 69 of title 31 of the United
States Code (relating to PILT) or under section 401 of
the Act of June 15, 1935 (49 Stat. 383; 16 U.S.C.
715s).’’.
(b) 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’’.
(c) 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 which shall be made avail-
able to the Secretary of Agriculture for the acquisi-
tion of lands, waters, or interests in land or water
solely 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 (notwithstand-
ing the first proviso of section 7(1)), and 75 percent
of which shall be available to the Secretary of the
Interior for the acquisition of lands, waters, or inter-
ests in land or water solely within the exterior
boundaries of areas of the National Park System,
National Wildlife Refuge System, or any other land
management unit established by Act of Congress
and managed by the Secretary of the Interior. At
least 2⁄3 of the moneys available under this subpara-
graph for Federal purposes shall be spent east of the
100th meridian. Up to one percent of the amounts
made available in any fiscal year under this para-
graph may be used for administration. No moneys
available under this paragraph for Federal purposes
shall be used for condemnation of any interest in
property.
‘‘(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 apportioned 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.
Up to one percent of the amounts made available in
any fiscal year under this paragraph may be used
for administration.
‘‘(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. Up to one percent of the
amounts made available in any fiscal year under this
paragraph may be used for administration.’’.
(d) TRIBES
AND ALASKA NATIVE VILLAGE COR-
PORATIONS.—Section 6(b)(5) of the Land and Water Con-
servation Fund Act of 1965 (16 U.S.C. 460l–8(b)(5)) is
amended as follows:
(1) By inserting ‘‘(A)’’ after ‘‘(5)’’.
(2) By adding at the end the following new sub-
paragraph:
‘‘(B) For the purposes of paragraph (1),
all federally recognized Indian tribes and Alas-
ka Native Village Corporations (as defined in
section 3(j) of the Alaska Native Claims Settle-
ment Act (43 U.S.C. 1602(j)) shall be 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).’’.
(e) 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.’’.
(f) 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.’’.
(g) 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 (in this
Act referred to as the ‘State Action Agenda’) indicating
the needs it has identified and the priorities and criteria
it has established. In order to assess its needs and estab-
lish its overall priorities, each State, in partnership with
its local governments and Federal agencies, and in con-
sultation with its citizens, shall develop, within 5 years
after the enactment of the Conservation and Reinvestment
Act of 1999, a State Action Agenda that meets the follow-
ing requirements:
‘‘(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 conclusions and proposed ac-
tions have been considered in an active public in-
volvement process.
State Action Agendas shall take into account all providers
of conservation and recreation lands within each State, in-
cluding Federal, regional, and local government resources
and shall be correlated whenever possible with other State,
regional, and local plans for parks, recreation, open space,
and wetlands conservation. Recovery action programs 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.
Each State shall assure that any requirements for local
outdoor conservation and recreation planning, promul-
gated as conditions for grants, minimize redundancy of
local efforts by allowing, wherever possible, use of the find-
ings, 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 has been adopted pursuant
to the amendment made by this subsection, but no later
than 5 years after the enactment of this Act.
(h) 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’’.
(2) By striking ‘‘State comprehensive plan’’ in
paragraph (1) and inserting ‘‘State Action Agenda’’.
(3) By striking ‘‘but not including incidental
costs related to acquisition’’ at the end of paragraph
(1).
(i) 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 no longer meet the criteria within the State
Action Agenda as an outdoor conservation and recreation
facility due to changes in demographics or that must be
abandoned because of environmental contamination which
endangers public health and safety. Any conversion must
satisfy such conditions as the Secretary deems necessary
to assure the substitution of other conservation and recre-
ation properties of at least equal fair market value and
reasonably equivalent usefulness and location and which
are consistent with the existing State Action Agenda; ex-
cept that wetland areas and interests therein as identified
in the wetlands provisions of the action agenda and pro-
posed 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.’’.
(j) 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 which exceeds $1,000,000 unless the funds
for such project have been specifically authorized by a sub-
sequently enacted law.’’.
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 of a State in-
cluded in Metropolitan, Primary or Consolidated
Statistical Areas as currently defined by the census.
‘‘(3) Any other city, town, or village within a
Metropolitan Statistical Area with a total population
of 50,000 or more in the census of 1970, 1980, or
subsequent updates.
‘‘(4) Any other political subdivision of a State
with a total population of 250,000 or more in the
census of 1970, 1980, or subsequent updates.’’.
(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 to any eligible general
purpose unit of local government upon approval by the
Secretary of applications for such purpose by the chief ex-
ecutive of such a government.
‘‘(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 subdivisions or
regional 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 Community Conservation and Recre-
ation required by section 6 of the Land and Water Con-
servation 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 qualifica-
tions for local receipt 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, prior-
ities, strategies, and schedules included in the recovery ac-
tion programs of their urban localities in preparation and
updating of the State Action Agendas for Conservation
and Recreation, in accordance with the public coordination
and citizen consultation 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.
SEC. 204. OTHER RIGHTS PRESERVED.
Nothing in this title shall be construed to limit any
right to compensation that exists under the Constitution
or other laws.
SEC. 205. HABITAT RESERVE PROGRAM.
(a) ESTABLISHMENT OF HABITAT RESERVE PRO-
GRAM.—There is hereby established within the Depart-
ment of the Interior a Habitat Reserve Program (HRP)
to be administered by the Secretary of the Interior in asso-
ciation with the applicable State fish and wildlife depart-
ment in the State where the affected land is located. The
Secretary shall enter into partnership agreements with the
State fish and wildlife department and owners and opera-
tors of lands suitable for enrollment on a voluntary basis,
under which the owners and operators manage the land
for the protection and enhancement of protected species
in exchange for incentive payments. Where the operator
of such land is not the owner, both the owner and the
operator must enter into the agreement.
(b) ELIGIBLE LANDS.—Lands eligible for enrollment
in the HRP shall be privately owned lands that have been
designated by the State agency as being necessary to pre-
serve the existence of 1 or more species listed pursuant
to the Endangered Species Act whose owners and opera-
tors have voluntarily entered into partnership agreements
with the Secretary and the State agency, and which have
been accepted for enrollment in accordance with this sec-
tion.
(c) LIMITATIONS ON LANDS ELIGIBLE FOR ENROLL-
MENT.—(1) The Secretary and State agency shall not
place under contract more than 25 percent of the land
or water in any one county at any one time, except to
the extent that the State agency determines, after public
comment, that doing so would not adversely affect the
local economy of the county.
(2) No contract shall be entered into under this sec-
tion concerning land with respect to which ownership has
changed in the 3-year period preceding the first year of
the contract if such land was acquired in order to qualify
for this program.
(d) CONTRACT REQUIREMENTS.—(1) Each contract
entered into under this section shall obligate the owner
and operator of the land to implement the plan agreed
to for not less than 5 years.
(2) The Secretary shall make available as grants to
the State agency the funds specified in this title for the
purposes of entering into landowner agreements as set
forth in this title.
(e) MANAGEMENT PLANS.—The plan referred to in
subsection (a)(1) above shall set forth the management
practices to be carried out by the owner and/or operator
of the habitat for the protection and enhancement of the
habitat and the species.
(f) DURATION.—Contracts entered into hereunder
shall be for a duration of 5 years, until land ownership
is transferred, or until the land ceases to be included with-
in designated critical habitat of the species, whichever is
shorter.
(g) PAYMENTS.—(1) The State agency shall establish
an equitable method for determining the annual payments
under this section, including through the submission of
bids in such manner as the Secretary may prescribe.
(2) The Secretary shall pay the cost of establishing
management measures and practices required pursuant to
the approved management plan.
(3) Any payments received by an owner or operator
under this section shall be in addition to, and shall not
affect, the total amount of payments that the owner or
operator is otherwise eligible to receive under this section,
or any other program administered by the Secretary or
any other Federal department or agency.
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 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 broad array of wildlife in an individual State
and conducted in coordination with Federal, State,
tribal, and private landowners and interested organi-
zations, would continue to serve as a vital link in an
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 pri-
mary role 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 participate with the Federal Government, other
State agencies, wildlife conservation organizations,
and outdoor recreation and conservation interests
through cooperative planning and implementation of
this title; and
(4) to encourage State fish and wildlife agencies
to provide for public involvement in the process of
development and implementation of a wildlife con-
servation and restoration program.
SEC. 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’ means 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 imple-
mented in whole or part through grants and contracts by
a State to other State, Federal, or local agencies wildlife
conservation organizations and outdoor recreation and
conservation education entities from funds apportioned
under this title, and maintenance of such projects; the
term ‘wildlife’ shall be construed to mean any species of
wild, free-ranging fauna including fish, and also fauna in
captive breeding programs the object of which is to re-
introduce individuals of a depleted indigenous species into
previously occupied range; the term ‘wildlife-associated
recreation’ shall be construed to mean projects intended
to meet the demand for outdoor activities associated with
wildlife including, but not limited to, hunting and fishing,
such projects as construction or restoration of wildlife
viewing areas, observation towers, blinds, platforms, land
and water trails, water access, trail heads, and access for
such projects; and the term ‘wildlife conservation edu-
cation’ shall be construed to mean projects, including pub-
lic outreach, intended to foster responsible natural re-
source 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 1999,’’.
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 credited to such
account (other than interest) shall be invested by the Sec-
retary of the Treasury as set forth in subsection (b) and
shall be made available without further appropriation, in
the next succeeding fiscal year, for apportionment to carry
out State wildlife conservation and restoration programs.
All interest on such amounts shall be available, without
further appropriation, for obligation or expenditure for
purposes of the North American Wetlands Conservation
Act of 1989 (16 U.S.C. 4401 and following).
‘‘(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 one percent, of the revenues covered into the
wildlife 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 shall be available, without further ap-
propriation, for such purposes in 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;
‘‘(3) contain provision for public participation
in the development, revision, and implementation of
projects and programs stipulated in paragraph (2) of
this subsection.
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 EDUCATION.
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 education’’.
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, 1999, 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 forgoing.
Æ