II
Calendar No. 804
106TH CONGRESS
2D SESSION
H. R. 701
[Report No. 106–413]
IN THE SENATE OF THE UNITED STATES
MAY 11, 2000
Received; read twice and referred to the Committee on Energy and Natural
Resources
SEPTEMBER 14, 2000
Reported by Mr. MURKOWSKI, with an amendment
[Strike out all after the enacting clause and insert the part printed in italic]
AN ACT
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.
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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Conservation and Rein-
vestment Act of 2000’’.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec.
1. Short title.
Sec.
2. Table of contents.
Sec.
3. Definitions.
Sec.
4. Annual reports.
Sec.
5. Conservation and Reinvestment Act Fund.
Sec.
6. Limitation on use of available amounts for administration.
Sec.
7. Recordkeeping requirements.
Sec.
8. Maintenance of effort and matching funding.
Sec.
9. Sunset.
Sec. 10. Protection of private property rights.
Sec. 11. Signs.
TITLE I—IMPACT ASSISTANCE AND COASTAL CONSERVATION
Sec. 101. Impact assistance formula and payments.
Sec. 102. Coastal State conservation and impact assistance plans.
TITLE II—LAND AND WATER CONSERVATION FUND
REVITALIZATION
Sec. 201. Amendment of Land and Water Conservation Fund Act of 1965.
Sec. 202. Extension of fund; treatment of amounts transferred from Conserva-
tion and Reinvestment Act Fund.
Sec. 203. Availability of amounts.
Sec. 204. Allocation of Fund.
Sec. 205. Use of Federal portion.
Sec. 206. Allocation of amounts available for State purposes.
Sec. 207. State planning.
Sec. 208. Assistance to States for other projects.
Sec. 209. Conversion of property to other use.
Sec. 210. Water rights.
Sec. 211. Requirements for acquisition of lands in Montana with Federal por-
tion.
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.
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Sec. 304. Apportionment of amounts transferred from Conservation and Rein-
vestment Act Fund.
Sec. 305. Education.
Sec. 306. Prohibition against diversion.
TITLE IV—URBAN PARK AND RECREATION RECOVERY PROGRAM
AMENDMENTS
Sec. 401. Amendment of Urban Park and Recreation Recovery Act of 1978.
Sec. 402. Purpose.
Sec. 403. Treatment of amounts transferred from Conservation and Reinvest-
ment Act Fund.
Sec. 404. Authority to develop new areas and facilities.
Sec. 405. Definitions.
Sec. 406. Eligibility.
Sec. 407. Grants.
Sec. 408. Recovery action programs.
Sec. 409. State action incentives.
Sec. 410. Conversion of recreation property.
Sec. 411. Repeal.
TITLE V—HISTORIC PRESERVATION FUND
Sec. 501. Treatment of amounts transferred from Conservation and Reinvest-
ment Act Fund.
Sec. 502. State use of historic preservation assistance for national heritage
areas and corridors.
TITLE VI—FEDERAL AND INDIAN LANDS RESTORATION
Sec. 601. Purpose.
Sec. 602. Treatment of amounts transferred from Conservation and Reinvest-
ment Act Fund; allocation.
Sec. 603. Authorized uses of transferred amounts.
Sec. 604. Indian tribe defined.
TITLE VII—FARMLAND PROTECTION PROGRAM AND
ENDANGERED AND THREATENED SPECIES RECOVERY
SUBTITLE A—FARMLAND PROTECTION PROGRAM
Sec. 701. Additional funding and additional authorities under farmland protec-
tion program.
Sec. 702. Funding.
Subtitle B—Endangered and Threatened Species Recovery
Sec. 711. Purposes.
Sec. 712. Treatment of amounts transferred from Conservation and Reinvest-
ment Act Fund.
Sec. 713. Endangered and threatened species recovery assistance.
Sec. 714. Endangered and Threatened Species Recovery Agreements.
Sec. 715. Definitions.
TITLE VIII—PROTECTION OF SOCIAL SECURITY AND MEDICARE
BENEFITS
Sec. 801. Protection of Social Security and Medicare benefits.
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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 et
seq.).
(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 et seq.).
(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-
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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 et seq.), 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, the Urban Park and Recre-
ation Recovery Act of 1978 (16 U.S.C. 2501 et
seq.), the National Historic Preservation Act (16
U.S.C. 470h et seq.), or the Federal Agriculture Im-
provement 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 6 or 8 of the Outer Continental
Shelf Lands Act (43 U.S.C. 1335, 1337) for the
purpose of drilling for, developing, and producing oil
and natural gas resources, which is a unit consisting
of either a block, a portion of a block, a combination
of blocks or portions of blocks, or a combination of
portions of blocks, as specified in the lease, and as
depicted on an Outer Continental Shelf Official Pro-
traction Diagram.
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(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).
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(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.
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(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 of the Interior or the
Secretary of Agriculture, as appropriate. The report shall
include, in accordance with regulations prescribed by the
Secretaries, a description of all projects and activities re-
ceiving funds under this Act. In order to avoid duplication,
such report may incorporate by reference any other re-
ports required to be submitted under other provisions of
law to the Secretary concerned by the Governor regarding
any portion of such moneys.
(b) REPORT TO CONGRESS.—On January 1 of each
year the Secretary of the Interior, in consultation with the
Secretary of Agriculture, shall submit an annual report
to the Congress documenting all moneys expended by the
Secretary of the Interior and the Secretary of Agriculture
from the Fund during the previous fiscal year and summa-
rizing the contents of the Governors’ reports submitted to
the Secretaries under subsection (a).
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SEC. 5. CONSERVATION AND REINVESTMENT ACT FUND.
(a) ESTABLISHMENT
OF FUND.—There is estab-
lished in the Treasury of the United States a fund which
shall be known as the ‘‘Conservation and Reinvestment
Act Fund’’. In each fiscal year after the fiscal year 2000,
the Secretary of the Treasury shall deposit into the Fund
the following amounts:
(1) OCS REVENUES.—An amount in each such
fiscal year from qualified Outer Continental Shelf
revenues
equal
to
the
difference
between
$2,825,000,000 and the amounts deposited in the
Fund under paragraph (2), notwithstanding section
9 of the Outer Continental Shelf Lands Act (43
U.S.C. 1338).
(2) AMOUNTS NOT DISBURSED.—All allocated
but undisbursed amounts returned to the Fund
under section 101(a)(2).
(3) INTEREST.—All interest earned under sub-
section (d) that is not made available under para-
graph (2) or (4) of that subsection.
(b) TRANSFER FOR EXPENDITURE.—In each fiscal
year after the fiscal year 2001, the Secretary of the Treas-
ury shall transfer amounts deposited into the Fund as fol-
lows:
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(1) $1,000,000,000 to the Secretary of the In-
terior for purposes of making payments to coastal
States under title I of this Act.
(2) To the Land and Water Conservation Fund
for expenditure as provided in section 3(a) of the
Land and Water Conservation Fund Act of 1965
(16 U.S.C. 460l–6(a)) such amounts as are nec-
essary to make the income of the fund $900,000,000
in each such fiscal year.
(3) $350,000,000 to the Federal aid to wildlife
restoration fund established under section 3 of the
Federal Aid in Wildlife Restoration Act (16 U.S.C.
669b).
(4) $125,000,000 to the Secretary of the Inte-
rior to carry out the Urban Park and Recreation Re-
covery Act of 1978 (16 U.S.C. 2501 et seq.).
(5) $100,000,000 to the Secretary of the Inte-
rior to carry out the National Historic Preservation
Act (16 U.S.C. 470 et seq.).
(6) $200,000,000 to the Secretary of the Inte-
rior and the Secretary of Agriculture to carry out
title VI of this Act.
(7) $100,000,000 to the Secretary of Agri-
culture to carry out the farmland protection pro-
gram under section 388 of the Federal Agriculture
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Improvement and Reform Act of 1996 (Public Law
104–127; 16 U.S.C. 3830 note), the Urban and
Community
Forestry
Assistance
Program
estab-
lished under section 9 of the Cooperative Forestry
Assistance Act of 1978 (16 U.S.C. 2105), and the
Forest Legacy Program under section 7 of the Coop-
erative Forestry Assistance Act of 1978 (16 U.S.C.
2103c).
(8) $50,000,000 to the Secretary of the Interior
to develop and implement Endangered and Threat-
ened Species Recovery Agreements under subtitle B
of title VII of this Act.
(c) SHORTFALL.—If amounts deposited into the
Fund in any fiscal year after the fiscal year 2000 are less
than $2,825,000,000, the amounts transferred under
paragraphs (1) through (8) of subsection (b) for that fis-
cal year shall each be reduced proportionately.
(d) INTEREST.—
(1) IN GENERAL.—The Secretary of the Treas-
ury shall invest moneys in the Fund (including inter-
est), and in any fund or account to which moneys
are transferred pursuant to subsection (b) of this
section, in public debt securities with maturities
suitable to the needs of the Fund, as determined by
the Secretary of the Treasury, and bearing interest
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at rates determined by the Secretary of the Treas-
ury, taking into consideration current market yields
on outstanding marketable obligations of the United
States of comparable maturity. Such invested mon-
eys shall remain invested until needed to meet re-
quirements for disbursement for the programs fi-
nanced under this Act.
(2) USE OF INTEREST.—Except as provided in
paragraphs (3) and (4), interest earned on such
moneys shall be available, without further appropria-
tion, for obligation or expenditure under—
(A) chapter 69 of title 31, United States
Code (relating to payments in lieu of taxes);
and
(B) section 401 of the Act of June 15,
1935 (49 Stat. 383; 16 U.S.C. 715s) (relating
to refuge revenue sharing).
In each fiscal year such interest shall be allocated
between the programs referred to in subparagraphs
(A) and (B) in proportion to the amounts appro-
priated for that fiscal year under other provisions of
law for purposes of such programs. To the extent
that the total amount available for a fiscal year
under this paragraph and such other provisions of
law for one of such programs exceeds the authorized
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limit of that program, the amount available under
this paragraph that contributes to such excess shall
be allocated to the other such program, but not in
excess of its authorized limit. To the extent that for
both such programs such total amount for each pro-
gram exceeds the authorized limit of that program,
the amount available under this paragraph that con-
tributes to such excess shall be deposited into the
Fund and shall be considered interest for purposes
of subsection (a)(3). Interest shall cease to be avail-
able for obligation or expenditure for a fiscal year
for purposes of subparagraph (A) if the annual ap-
propriation for that fiscal year under other provi-
sions of law for the program referred to in subpara-
graph (A) is less than $100,000,000, and in any
such case, the allocation provisions of this paragraph
shall not apply and all such interest shall be avail-
able for purposes of the program referred to in sub-
paragraph (B), up to the authorized limit of such
program. Interest shall cease to be available for obli-
gation or expenditure for a fiscal year for purposes
of subparagraph (B) if the annual appropriation for
that fiscal year under other provisions of law for the
program referred to in subparagraph (A) is less than
$15,000,000, and in any such case, the allocation
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provisions of this paragraph shall not apply and all
such interest shall be available for purposes of the
program referred to in subparagraph (A), up to the
authorized limit of such program. Interest shall
cease to be available for obligation or expenditure
for a fiscal year for purposes of this paragraph if the
annual appropriation for that fiscal year under other
provisions of law for each of the program referred to
in subparagraph (A) and the program referred to in
subparagraph (B) is less than $100,000,000 and
$15,000,000, respectively, and in any such case, the
allocation provisions of this paragraph shall not
apply and all such interest shall be deposited into
the Fund and be considered interest for purposes of
subsection (a)(3).
(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).
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(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 et
seq.).
(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, refunds shall be paid by
the Secretary of the Treasury from amounts available in
the Fund to the extent that such refunds are attributable
to qualified Outer Continental Shelf revenues deposited in
the Fund under this Act.
(f) INTENT OF CONGRESS TO SUPPLEMENT ANNUAL
APPROPRIATIONS
FOR
NATIONAL
PARK
SERVICE.—
Amounts made available by this Act are intended by the
Congress to supplement, and not detract from, annual ap-
propriations for the National Park Service.
(g) ENSURING SOCIAL SECURITY
AND MEDICARE
SOLVENCY.—The Secretary of the Treasury shall not
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transfer funds to the Conservation and Reinvestment Act
Fund under this Act during any fiscal year unless—
(1) the Director of the Congressional Budget
Office has certified that the House and Senate have
approved legislation that—
(A) ensures that a sufficient portion of the
on-budget surplus is reserved for debt retire-
ment to put the Government on a path to elimi-
nate the publicly held debt by fiscal year 2013
under current economic and technical projec-
tions; and
(B) ensures that there is not an on-budget
deficit for that fiscal year;
(2) the Board of Trustees of the Federal Old-
Age and Survivors Insurance Trust Fund and the
Federal Disability Insurance Trust Fund has cer-
tified that outlays from such trust funds are not an-
ticipated to exceed the revenues to such trust funds
during any of the next 5 fiscal years; and
(3) the Board of Trustees of the Federal Hos-
pital Insurance Trust Fund has certified that the
outlays from such trust fund are not anticipated to
exceed the revenues to such trust fund during any
of the next 5 fiscal years.
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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)(3) of the Federal Aid
in Wildlife Restoration Act (as amended by this Act).
SEC. 7. 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 funds 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. 8. MAINTENANCE OF EFFORT AND MATCHING FUND-
ING.
(a) IN GENERAL.—It is the intent of the Congress
in this Act that States not use this Act as an opportunity
to reduce State or local resources for the programs funded
by this Act. Except as provided in subsection (b), no State
or local government shall receive any funds under this Act
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during any fiscal year when its expenditures of non-Fed-
eral funds for recurrent expenditures for programs for
which funding is provided under this Act will be less than
its expenditures were for such programs during the pre-
ceding fiscal year. No State or local government shall re-
ceive 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, in-
crease the level of State, local, or other non-Federal funds
available for such program.
(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—
(1) is attributable to a nonselective reduction in
expenditures
for
the
programs
of
all
executive
branch agencies of the State or local government; or
(2) is a result of reductions in State or local
revenue as a result of a downturn in the economy.
(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
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to provide a portion of the funding for any program or
project.
SEC. 9. SUNSET.
This Act, including the amendments made by this
Act, shall have no force or effect after September 30,
2015.
SEC. 10. 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. 11. 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.
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(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 as having authority
and responsibility to accept and to administer funds
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paid hereunder. No payment shall be made to any
State until the State has agreed to provide such re-
ports to the Secretary, in such form and containing
such information, as may be reasonably necessary to
enable the Secretary to perform his duties under this
title, and provide such fiscal control and fund ac-
counting procedures as may be necessary to assure
proper disbursement and accounting for Federal rev-
enues paid to the State under this title.
(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 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 Secretary
shall hold in escrow until the final resolution of the
appeal any amount allocated, but not disbursed, to
a coastal State that has appealed the disapproval 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
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revenues transferred from the Fund under section
5(b)(1) for each fiscal year using the following
weighted formula:
(A) Fifty percent of such revenues shall be
allocated among the coastal States as provided
in paragraph (2).
(B) Twenty-five 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) Twenty-five 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 with qualified Outer Con-
tinental Shelf revenues, the Secretary of the Interior
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. Each
such State’s allocable share of the revenues dis-
bursed under paragraph (1)(A) shall be based on
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qualified Outer Continental Shelf revenues from
each leased tract or portion of a leased tract the ge-
ographic center of which is within a distance (to the
nearest whole mile) of 200 miles from the coastline
of the State and shall be inversely proportional to
the distance between the nearest point on the coast-
line of such State and the geographic center of each
such leased tract or portion, as determined by the
Secretary. 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 in any
fiscal year than 0.50 percent of the total
amount of the revenues transferred by the Sec-
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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
section 5(b)(1) 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 of the State shall
pay 50 percent of the State’s allocable share, as deter-
mined under subsection (b), to the coastal political sub-
divisions in such State. Such payments shall be allocated
among such coastal political subdivisions of the State ac-
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cording to an allocation formula analogous to the alloca-
tion 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 subdivision were located within a distance
of 50 miles from the geographic center of the closest
leased tract with qualified Outer Continental Shelf reve-
nues.
(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 Statewide Coastal State Conservation and Impact As-
sistance Plan. In the case of a producing State, the Gov-
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ernor shall incorporate the plans of the coastal political
subdivisions into the Statewide plan for transmittal to the
Secretary. The Governor shall solicit local input and shall
provide for public participation in the development of the
Statewide 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 Statewide
plan under subsection (a) is required prior to dis-
bursement of funds under this title by the Secretary.
The Secretary shall approve the Statewide 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 shall include (i) a description of
how the plan will address environmental con-
cerns, (ii) for producing States, a description of
how funds will be used to address the impacts
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of oil and gas production from the Outer Conti-
nental Shelf, and (iii) a description of how the
State will evaluate the effectiveness of the plan.
(C) Certification by the Governor that
ample opportunity has been accorded for public
participation in the development and revision of
the plan.
(D) Measures for taking into account other
relevant Federal resources and programs. The
plan shall be correlated so far as practicable
with other State, regional, and local plans.
(2) PROCEDURE AND TIMING; REVISIONS.—The
Secretary shall approve or disapprove each plan sub-
mitted in accordance with this section. If a State
first submits a plan by not later than 90 days before
the beginning of the first fiscal year to which the
plan applies, the Secretary shall approve or dis-
approve the plan by not later than 30 days before
the beginning of that fiscal year.
(3) AMENDMENT OR REVISION.—Any amend-
ment to or revision of the plan shall be prepared in
accordance with the requirements of this subsection
and shall be submitted to the Secretary for approval
or disapproval. Any such amendment or revision
shall take effect only for fiscal years after the fiscal
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year in which the amendment or revision is approved
by the Secretary.
(c) AUTHORIZED USES OF STATE GRANT FUND-
ING.—The funds provided under this title to a coastal
State and for coastal political subdivisions are authorized
to be used in compliance with Federal and State law only
for one or more of the following purposes:
(1) Data collection, including but not limited to
fishery or marine mammal stock surveys in State
waters or both, cooperative State, interstate, and
Federal fishery or marine mammal stock surveys or
both, cooperative initiatives with university and pri-
vate entities for fishery and marine mammal sur-
veys, activities related to marine mammal and fish-
ery interactions, and other coastal living marine re-
sources surveys.
(2) The conservation, restoration, enhancement,
or creation of coastal habitats.
(3) Cooperative Federal or State enforcement of
marine resources management statutes.
(4)
Fishery
observer
coverage
programs
in
State or Federal waters.
(5) Invasive, exotic, and nonindigenous species
identification and control.
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(6) Coordination and preparation of cooperative
fishery conservation and management plans between
States including the development and implementa-
tion of population surveys, assessments and moni-
toring plans, and the preparation and implementa-
tion of State fishery management plans developed by
interstate marine fishery commissions.
(7) Preparation and implementation of State
fishery or marine mammal management plans that
comply with bilateral or multilateral international
fishery or marine mammal conservation and man-
agement agreements or both.
(8) Coastal and ocean observations necessary to
develop and implement real time tide and current
measurement systems.
(9) Implementation of federally approved ma-
rine, coastal, or comprehensive conservation and
management plans.
(10) Mitigating marine and coastal impacts of
Outer Continental Shelf activities including impacts
on onshore infrastructure.
(11) Projects that promote research, education,
training, and advisory services in fields related to
ocean, coastal, and Great Lakes resources.
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(d) COMPLIANCE WITH AUTHORIZED USES.—Based
on the annual reports submitted under section 4 of this
Act and on audits conducted by the Secretary under sec-
tion 7, the Secretary shall review the expenditures made
by each State and coastal political subdivision from funds
made available under this title. If the Secretary deter-
mines that any expenditure made by a State or coastal
political subdivision of a State from such funds is not con-
sistent with the authorized uses set forth in subsection (c),
the Secretary shall not make any further grants under this
title to that State until the funds used for such expendi-
ture have been repaid to the Conservation and Reinvest-
ment Act Fund.
TITLE
II—LAND
AND
WATER
CONSERVATION
FUND
REVI-
TALIZATION
SEC. 201. 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.).
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SEC. 202. EXTENSION OF FUND; TREATMENT OF AMOUNTS
TRANSFERRED
FROM
CONSERVATION
AND
REINVESTMENT ACT FUND.
Section 2(c) is amended to read as follows:
‘‘(c) AMOUNTS TRANSFERRED FROM CONSERVATION
AND REINVESTMENT ACT FUND.—In addition to the sum
of the revenues and collections estimated by the Secretary
of the Interior to be covered into the fund pursuant to
subsections (a) and (b) of this section, there shall be cov-
ered into the fund all amounts transferred to the fund
under section 5(b)(2) of the Conservation and Reinvest-
ment Act of 2000.’’.
SEC. 203. AVAILABILITY OF AMOUNTS.
Section 3 (16 U.S.C. 460l–6) is amended to read as
follows:
‘‘APPROPRIATIONS
‘‘SEC. 3. (a) IN GENERAL.—There are authorized to
be appropriated to the Secretary from the fund to carry
out this Act not more than $900,000,000 in any fiscal
year after the fiscal year 2001. Amounts transferred to
the fund from the Conservation and Reinvestment Act
Fund and amounts covered into the fund under sub-
sections (a) and (b) of section 2 shall be available to the
Secretary in fiscal years after the fiscal year 2001 without
further appropriation to carry out this Act.
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‘‘(b) OBLIGATION AND EXPENDITURE OF AVAILABLE
AMOUNTS.—Amounts 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.’’.
SEC. 204. ALLOCATION OF FUND.
Section 5 (16 U.S.C. 460l–7) is amended to read as
follows:
‘‘ALLOCATION OF FUNDS
‘‘SEC. 5. Of the amounts made available for each fis-
cal year to carry out this Act—
‘‘(1) 50 percent shall be available for Federal
purposes (in this Act referred to as the ‘Federal por-
tion’); and
‘‘(2) 50 percent shall be available for grants to
States.’’.
SEC. 205. USE OF FEDERAL PORTION.
Section 7 (16 U.S.C. 460l–9) is amended by adding
at the end the following:
‘‘(d) USE OF FEDERAL PORTION.—
‘‘(1) APPROVAL BY CONGRESS REQUIRED.—The
Federal portion (as that term is defined in section
5(1)) may not be obligated or expended by the Sec-
retary of the Interior or the Secretary of Agriculture
for any acquisition except those specifically referred
to, and approved by the Congress, in an Act making
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appropriations for the Department of the Interior or
the Department of Agriculture, respectively.
‘‘(2)
WILLING
SELLER
REQUIREMENT.—The
Federal portion may not be used to acquire any
property unless—
‘‘(A) the owner of the property concurs in
the acquisition; or
‘‘(B) acquisition of that property is specifi-
cally approved by an Act of Congress.
‘‘(e) LIST OF PROPOSED FEDERAL ACQUISITIONS.—
‘‘(1) RESTRICTION ON USE.—The Federal por-
tion for a fiscal year may not be obligated or ex-
pended to acquire any interest in lands or water un-
less the lands or water were included in a list of ac-
quisitions that is approved by the Congress.
‘‘(2) TRANSMISSION
OF
LIST.—(A) The Sec-
retary of the Interior and the Secretary of Agri-
culture shall jointly transmit to the appropriate au-
thorizing
and
appropriations
committees
of
the
House of Representatives and the Senate for each
fiscal year, by no later than the submission of the
budget for the fiscal year under section 1105 of title
31, United States Code, a list of the acquisitions of
interests in lands and water proposed to be made
with the Federal portion for the fiscal year.
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‘‘(B) In preparing each list under subparagraph
(A), the Secretary shall—
‘‘(i)
seek
to
consolidate
Federal
land-
holdings in States with checkerboard Federal
land ownership patterns;
‘‘(ii) consider the use of equal value land
exchanges, where feasible and suitable, as an al-
ternative means of land acquisition;
‘‘(iii) consider the use of permanent con-
servation easements, where feasible and suit-
able, as an alternative means of acquisition;
‘‘(iv) identify those properties that are pro-
posed to be acquired from willing sellers and
specify any for which adverse condemnation is
requested; and
‘‘(v) establish priorities based on such fac-
tors as important or special resource attributes,
threats to resource integrity, timely availability,
owner hardship, cost escalation, public recre-
ation use values, and similar considerations.
‘‘(C) The Secretary of the Interior and the Sec-
retary of Agriculture shall each—
‘‘(i) transmit, with the list transmitted
under subparagraph (A), a separate list of
those lands under the administrative jurisdic-
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tion of the Secretary that have been identified
in applicable land management plans as surplus
and eligible for disposal as provided for by law;
and
‘‘(ii) update each list to be transmitted
under clause (i) as land management plans are
amended or revised.
‘‘(3) INFORMATION REGARDING PROPOSED AC-
QUISITIONS.—Each
list
under
paragraph
(2)(A)
shall include, for each proposed acquisition included
in the list—
‘‘(A) citation of the statutory authority for
the acquisition, if such authority exists; and
‘‘(B) an explanation of why the particular
interest proposed to be acquired was selected.
‘‘(f)
NOTIFICATION
TO
AFFECTED
AREAS
RE-
QUIRED.—The Federal portion for a fiscal year may not
be used to acquire any interest in land unless the Sec-
retary administering the acquisition, by not later than 30
days after the date the Secretaries submit the list under
subsection (e)(2)(A) for the fiscal year, provides notice of
the proposed acquisition—
‘‘(1) in writing to each Member of and each
Delegate and Resident Commissioner to the Con-
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gress elected to represent any area in which is
located—
‘‘(A) the land; or
‘‘(B) any part of any federally designated
unit that includes the land;
‘‘(2) in writing to the Governor of the State in
which the land is located;
‘‘(3) in writing to each State political subdivi-
sion having jurisdiction over the land; and
‘‘(4) by publication of a notice in a newspaper
that is widely distributed in the area under the juris-
diction of each such State political subdivision, that
includes a clear statement that the Federal Govern-
ment intends to acquire an interest in land.
‘‘(g) COMPLIANCE WITH REQUIREMENTS UNDER
FEDERAL LAWS.—
‘‘(1) IN GENERAL.—The Federal portion for a
fiscal year may not be used to acquire any interest
in land or water unless the following have occurred:
‘‘(A) All actions required under Federal
law with respect to the acquisition have been
complied with.
‘‘(B) A copy of each final environmental
impact statement or environmental assessment
required by law, and a summary of all public
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comments regarding the acquisition that have
been received by the agency making the acquisi-
tion, are submitted to the Committee on Re-
sources of the House of Representatives, the
Committee on Energy and Natural Resources of
the Senate, and the Committees on Appropria-
tions of the House of Representatives and of
the Senate.
‘‘(C) A notice of the availability of such
statement or assessment and of such summary
is provided to—
‘‘(i) each Member of and each Dele-
gate and Resident Commissioner to the
Congress elected to represent the area in
which the land is located;
‘‘(ii) the Governor of the State in
which the land is located; and
‘‘(iii) each State political subdivision
having jurisdiction over the land.
‘‘(2) LIMITATION ON APPLICATION.—Paragraph
(1) shall not apply to any acquisition that is specifi-
cally authorized by a Federal law.’’.
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SEC.
206.
ALLOCATION
OF
AMOUNTS
AVAILABLE
FOR
STATE PURPOSES.
(a) IN GENERAL.—Section 6(b) (16 U.S.C. 460l–
8(b)) is amended to read as follows:
‘‘(b) DISTRIBUTION AMONG THE STATES.—(1) Sums
in the fund available each fiscal year for State purposes
shall be apportioned among the several States by the Sec-
retary, in accordance with this subsection. The determina-
tion of the apportionment by the Secretary shall be final.
‘‘(2) Subject to paragraph (3), of sums in the fund
available each fiscal year for State purposes—
‘‘(A)
percent
shall
be
apportioned
equally among the several States; and
‘‘(B) 70 percent shall be apportioned so
that the ratio that the amount apportioned to
each State under this subparagraph bears to
the total amount apportioned under this sub-
paragraph for the fiscal year is equal to the
ratio that the population of the State bears to
the total population of all States.
No amount may be apportioned under this paragraph to
any State (herein referred to as an ‘unfunded State’) that
has not established a dedicated State land acquisition fund
that is funded through the State’s budget process. The
amount that would have been apportioned to any such un-
funded State under this paragraph shall be reapportioned
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‘‘(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.’’.
(b) TRIBES AND ALASKA NATIVE CORPORATIONS.—
Section 6(b)(5) (16 U.S.C. 460l–8(b)(5)) is further
amended by adding at the end the following new subpara-
graph:
‘‘(C) For the purposes of paragraph (1), all federally
recognized Indian tribes, or in the case of Alaska, Native
Corporations (as defined in section 3 of the Alaska Native
Claims Settlement Act (43 U.S.C. 1602)), shall be eligible
to receive shares of the apportionment under paragraph
(1) in accordance with a competitive grant program estab-
lished by the Secretary by rule. The total apportionment
available to such tribes, or in the case of Alaska, Native
Corporations shall be equivalent to the amount available
to a single State. No single tribe, nor in the case of Alas-
ka, Native Corporation shall receive a grant that con-
stitutes more than 10 percent of the total amount made
available to all tribes and Alaska Native Corporations pur-
suant to the apportionment under paragraph (1). Funds
received by a tribe, or in the case of Alaska, Native Cor-
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poration under this subparagraph may be expended only
for the purposes specified in clauses (1) and (3) of sub-
section (a).’’.
(c) LOCAL ALLOCATION.—Section 6(b) (16 U.S.C.
460l–8(b)) is amended by adding at the end the following:
‘‘(6) Absent some compelling and annually docu-
mented 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 an-
nual State apportionment, or an equivalent amount made
available from other sources.’’.
(d) STATE PROJECTS OF REGIONAL OR NATIONAL
SIGNIFICANCE.—Section 6(b) (16 U.S.C. 460l-8(b)) is
amended by adding the following at the end:
‘‘(7)(A) Any amounts available in addition to those
amounts made available under section 5 of the Conserva-
tion and Reinvestment Act of 2000 in a fiscal year shall
be available without further appropriation to the Secretary
of the Interior to be distributed among the several States
under a competitive grant program for State projects as
authorized under section 6(e)(1) of national or regional
significance involving one or more States.
‘‘(B) The Secretary shall award grants only to
projects that would conserve open space and either con-
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serve wildlife habitat, protect water quality, or otherwise
enhance the environment, or that would protect areas that
have historic or cultural value. The Secretary shall give
preference to projects that would be most likely to have
the greatest benefit to the environment regionally or na-
tionally and would maintain or enhance recreational op-
portunities.’’.
SEC. 207. STATE PLANNING.
(a) STATE ACTION AGENDA REQUIRED.—
(1) IN
GENERAL.—Section 6(d) (16 U.S.C.
460l–8(d)) is amended to read as follows:
‘‘(d) STATE ACTION AGENDA REQUIRED.—(1) 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 the priorities and criteria defined by the
State are consistent with the purposes of this Act, the
State provides for public involvement in this process, and
the State publishes an accurate and current State Action
Agenda for Community Conservation and Recreation (in
this Act referred to as the ‘State Action Agenda’) indi-
cating the needs it has identified and the priorities and
criteria it has established. In order to assess its needs and
establish its overall priorities, each State, in partnership
with its local governments and Federal agencies, and in
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consultation with its citizens, shall develop, within 5 years
after the enactment of the Conservation and Reinvestment
Act of 2000, a State Action Agenda that meets the fol-
lowing requirements:
‘‘(A) The agenda must be strategic, originating
in broad-based and long-term needs, but focused on
actions that can be funded over the next 5 years.
‘‘(B) The agenda must be updated at least once
every 5 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.
‘‘(2) State Action Agendas shall take into account all
providers of conservation and recreation lands within each
State, including 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 developed 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,
promulgated as conditions for grants, minimize redun-
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dancy of local efforts by allowing, wherever possible, use
of the findings, priorities, and implementation schedules
of recovery action programs to meet such requirements.’’.
(2) EXISTING
STATE
PLANS.—Comprehensive
State Plans developed by any State under section
6(d) of the Land and Water Conservation Fund Act
of 1965 before the date that is 5 years after the en-
actment 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.
(b) MISCELLANEOUS.—Section 6(e) (16 U.S.C. 460l–
8(e)) is amended as follows:
(1) In the matter preceding paragraph (1) by
striking ‘‘State comprehensive plan’’ and inserting
‘‘State Action Agenda’’.
(2) In paragraph (1) by striking ‘‘comprehen-
sive plan’’ and inserting ‘‘State Action Agenda’’.
SEC. 208. 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
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(2) in subsection (e)(2) by inserting before the
period at the end the following: ‘‘or to enhance pub-
lic safety within a designated park or recreation
area’’.
SEC. 209. CONVERSION OF PROPERTY TO OTHER USE.
Section
6(f)(3)
(16
U.S.C.
460l–8(f)(3))
is
amended—
(1) by inserting ‘‘(A)’’ before ‘‘No property’’;
and
(2) by striking the second sentence and insert-
ing the following:
‘‘(B) The Secretary shall approve such conversion
only if the State demonstrates no prudent or feasible alter-
native exists with the exception of those properties that
no longer meet the criteria within the State Plan or Agen-
da 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 recreation prop-
erties of at least equal fair market value and reasonably
equivalent usefulness and location and which are con-
sistent with the existing State Plan or Agenda; except that
wetland areas and interests therein as identified in the
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wetlands provisions of the action agenda and proposed to
be acquired as suitable replacement property within that
same State that is otherwise acceptable to the Secretary
shall be considered to be of reasonably equivalent useful-
ness with the property proposed for conversion.’’.
SEC. 210. WATER RIGHTS.
Title I is amended by adding at the end the following:
‘‘WATER RIGHTS
‘‘SEC. 14. Nothing in this title—
‘‘(1) invalidates or preempts State or Federal
water law or an interstate compact governing water;
‘‘(2) alters the rights of any State to any ap-
propriated share of the waters of any body of sur-
face or ground water, whether determined by past or
future interstate compacts or by past or future legis-
lative or final judicial allocations;
‘‘(3) preempts or modifies any Federal or State
law, or interstate compact, dealing with water qual-
ity or disposal; or
‘‘(4) confers on any non-Federal entity the abil-
ity to exercise any Federal right to the waters of any
stream or to any ground water resource.’’.
SEC. 211. REQUIREMENTS FOR ACQUISITION OF LANDS IN
MONTANA WITH FEDERAL PORTION.
Section 7 (16 U.S.C. 460l–9) is further amended by
adding at the end the following:
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‘‘(h) REQUIREMENTS FOR ACQUISITION OF LANDS IN
MONTANA.—The Secretary of the Interior and the Sec-
retary of Agriculture shall jointly develop and issue a plan
for acquisition and disposal of lands in the State of Mon-
tana that will result in consolidation of private lands and
Federal public lands. The plan shall be designed to ensure
that—
‘‘(1) acquisitions of lands with the Federal por-
tion consolidate Federal ownership of lands in Mon-
tana under the administrative jurisdiction of the De-
partment of the Interior and the Department of Ag-
riculture; and
‘‘(2) any increase in the total acreage of lands
in Montana under the administrative jurisdictions of
those Departments that results from acquisitions of
lands with the Federal portion is de minimis.’’.
TITLE III—WILDLIFE CONSERVA-
TION AND RESTORATION
SEC. 301. 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
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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 a comprehensive wildlife conservation and
restoration plan;
(3) to encourage State fish and wildlife agencies
to participate with the Federal Government, other
State agencies, wildlife conservation organizations,
Indian tribes, and in the case of Alaska, Alaska Na-
tive Corporations, and outdoor recreation and con-
servation 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. 302. 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-
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toration Act (16 U.S.C. 669a) is amended by inserting
after ‘‘shall be construed’’ 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) DEFINITIONS.—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, moni-
toring of populations, acquisition, improvement and man-
agement of habitat, live trapping and transplantation,
wildlife damage management, and periodic or total protec-
tion of a species or population as well as the taking of
individuals within wildlife stock or population if permitted
by applicable State and Federal law; the term ‘wildlife
conservation and restoration program’ means a program
developed by a State fish and wildlife department and ap-
proved by the Secretary under section 4(d), the projects
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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 (includ-
ing those that gather, evaluate, and disseminate informa-
tion on wildlife and their habitats), 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 reintroduce 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, wildlife observa-
tion and photography, 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
education’
shall
be
construed
to
mean
projects, including public outreach, intended to foster re-
sponsible natural resource stewardship.’’.
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SEC. 303. TREATMENT OF AMOUNTS TRANSFERRED FROM
CONSERVATION
AND
REINVESTMENT
ACT
FUND.
Section 3 of the Federal Aid in Wildlife Restoration
Act (16 U.S.C. 669b) is amended—
(1) in subsection (a) by inserting ‘‘(1)’’ after
‘‘(a)’’, and by adding at the end the following:
‘‘(2) There is established in the Federal aid to wildlife
restoration fund a subaccount to be known as the ‘wildlife
conservation and restoration account’. Amounts trans-
ferred to the fund for a fiscal year under section 5(b)(3)
of the Conservation and Reinvestment Act of 2000 shall
be deposited in the subaccount and shall be available with-
out further appropriation, in each fiscal year, for appor-
tionment in accordance with this Act to carry out State
wildlife conservation and restoration programs.’’; and
(2) by adding at the end the following:
‘‘(c) Amounts transferred to the fund from the Con-
servation and Reinvestment Act Fund and apportioned
under subsection (a)(2) shall supplement, but not replace,
existing funds available to the States from the sport fish
restoration account and wildlife restoration account and
shall be used for the development, revision, and implemen-
tation of wildlife conservation and restoration programs
and should be used to address the unmet needs for a di-
verse array of wildlife and associated habitats, including
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species that are not hunted or fished, for wildlife conserva-
tion, wildlife conservation education, and wildlife-associ-
ated recreation projects. Such funds may be used for new
programs and projects as well as to enhance existing pro-
grams and projects.
‘‘(d)(1) Notwithstanding subsections (a) and (b) of
this section, with respect to amounts transferred to the
fund from the Conservation and Reinvestment Act Fund
so much of such amounts as is apportioned to any State
for any fiscal year and as remains unexpended at the close
thereof shall remain available for expenditure in that State
until the close of—
‘‘(A) the fourth succeeding fiscal year, in the
case of amounts transferred in any of the first 10
fiscal years beginning after the date of the enact-
ment of the Conservation and Reinvestment Act of
2000; or
‘‘(B) the second succeeding fiscal year, in the
case of amounts transferred in a fiscal year begin-
ning after the 10-fiscal year period referred to in
subparagraph (A).
‘‘(2) Any amount apportioned to a State under this
subsection that is unexpended or unobligated at the end
of the period during which it is available under paragraph
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(1) shall be reapportioned to all States during the suc-
ceeding fiscal year.’’.
SEC. 304. APPORTIONMENT OF AMOUNTS TRANSFERRED
FROM CONSERVATION AND REINVESTMENT
ACT FUND.
(a) IN GENERAL.—Section 4 of the Federal Aid in
Wildlife Restoration Act (16 U.S.C. 669c) is amended by
adding at the end the following new subsection:
‘‘(c) AMOUNTS TRANSFERRED FROM CONSERVATION
AND REINVESTMENT ACT FUND.—(1) The Secretary of
the Interior shall make the following apportionment from
the amount transferred to the fund from the Conservation
and Reinvestment Act Fund for each fiscal year:
‘‘(A) To the District of Columbia and to the
Commonwealth of Puerto Rico, each a sum equal to
not more than one-half of 1 percent thereof.
‘‘(B) To Guam, American Samoa, the Virgin Is-
lands, and the Commonwealth of the Northern Mar-
iana Islands, each a sum equal to not more than
one-sixth of 1 percent thereof.
‘‘(2)(A) The Secretary of the Interior, after making
the apportionment under paragraph (1), shall apportion
the remainder of the amount transferred to the fund from
the Conservation and Reinvestment Act Fund for each fis-
cal year among the States in the following manner:
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‘‘(i) One-third 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.
‘‘(ii) Two-thirds of which is based on the ratio
to which the population of such State bears to the
total population of all such States.
‘‘(B) The amounts apportioned under this paragraph
shall be adjusted equitably so that no such State shall be
apportioned a sum which is less than one-half of 1 percent
of the amount available for apportionment under this
paragraph for any fiscal year or more than 5 percent of
such amount.
‘‘(3) Amounts transferred to the fund from the Con-
servation and Reinvestment Act Fund shall not be avail-
able for any expenses incurred in the administration and
execution of programs carried out with such amounts.
‘‘(d) WILDLIFE CONSERVATION AND RESTORATION
PROGRAMS.—(1) Any State, through its fish and wildlife
department, may apply to the Secretary of the Interior
for approval of a wildlife conservation and restoration pro-
gram, or for funds to develop a program. To apply, a State
shall submit a comprehensive plan that includes—
‘‘(A) provisions vesting in the fish and wildlife
department of the State overall responsibility and
accountability for the program;
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‘‘(B) provisions for the development and imple-
mentation of—
‘‘(i) wildlife conservation projects that ex-
pand and support existing wildlife programs,
giving appropriate consideration to all wildlife;
‘‘(ii) wildlife-associated recreation projects;
and
‘‘(iii)
wildlife
conservation
education
projects pursuant to programs under section
8(a); and
‘‘(C) provisions to ensure public participation in
the development, revision, and implementation of
projects and programs required under this para-
graph.
‘‘(2) A State shall provide an opportunity for public
participation in the development of the comprehensive
plan required under paragraph (1).
‘‘(3) If the Secretary finds that the comprehensive
plan submitted by a State complies with paragraph (1),
the Secretary shall approve the wildlife conservation and
restoration program of the State and set aside from the
apportionment to the State made pursuant to subsection
(c) an amount that shall not exceed 75 percent of the esti-
mated cost of developing and implementing the program.
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‘‘(4)(A) Except as provided in subparagraph (B),
after the Secretary approves a State’s wildlife conservation
and restoration program, the Secretary may make pay-
ments on a project that is a segment of the State’s wildlife
conservation and restoration program as the project pro-
gresses. 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 regulations 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 program, including funds to develop such pro-
gram.
‘‘(B) Not more than 10 percent of the amounts ap-
portioned to each State under this section for a State’s
wildlife conservation and restoration program may be used
for wildlife-associated recreation.
‘‘(5) For purposes of this subsection, the term ‘State’
shall include the District of Columbia, the Commonwealth
of Puerto Rico, the 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
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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 pro-
visions of this title relate solely to wildlife conservation and
restoration programs and shall not be construed to affect
the provisions of the Federal Aid in Wildlife Restoration
Act relating to wildlife restoration projects or the provi-
sions of the Federal Aid in Sport Fish Restoration Act
relating to fish restoration and management projects.
SEC. 305. EDUCATION.
Section 8(a) of the Federal Aid in Wildlife Restora-
tion Act (16 U.S.C. 669g(a)) is amended by adding the
following at the end thereof: ‘‘Funds available from the
amount transferred to the fund from the Conservation and
Reinvestment Act Fund may be used for a wildlife con-
servation education program, except that no such funds
may be used for education efforts, projects, or programs
that promote or encourage opposition to the regulated tak-
ing of wildlife.’’.
SEC. 306. 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-
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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.
TITLE
IV—URBAN
PARK
AND
RECREATION
RECOVERY
PROGRAM AMENDMENTS
SEC. 401. 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. 402. PURPOSE.
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. 403. TREATMENT OF AMOUNTS TRANSFERRED FROM
CONSERVATION
AND
REINVESTMENT
ACT
FUND.
Section 1013 (16 U.S.C. 2512) is amended to read
as follows:
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‘‘TREATMENT OF AMOUNTS TRANSFERRED FROM
CONSERVATION AND REINVESTMENT ACT FUND
‘‘SEC. 1013. (a) IN GENERAL.—Amounts transferred
to the Secretary of the Interior under section 5(b)(4) of
the Conservation and Reinvestment Act of 2000 in a fiscal
year shall be available to the Secretary without further
appropriation to carry out this title. Any amount that has
not been paid or obligated by the Secretary before the end
of the second fiscal year beginning after the first fiscal
year in which the amount is available shall be reappor-
tioned by the Secretary among grantees under this title.
‘‘(b) LIMITATIONS
ON ANNUAL GRANTS.—Of the
amounts available in a fiscal year under subsection (a)—
‘‘(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
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of any grant under this title that may be used for grant
and program administration.’’.
SEC. 404. 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. 405. DEFINITIONS.
Section 1004 (16 U.S.C. 2503) is amended as fol-
lows:
(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.
(3) By adding at the end the following:
‘‘(l) ‘development grants’—
‘‘(1) subject to subparagraph (2) means
matching capital grants to units of local govern-
ment to cover costs of development, land acqui-
sition, and construction on existing or new
neighborhood recreation sites, including indoor
and outdoor recreational areas and facilities,
support facilities, and landscaping; and
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‘‘(2) does not include routine maintenance,
and upkeep activities; and
‘‘(m) ‘Secretary’ means the Secretary of the In-
terior.’’.
SEC. 406. 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, town, or group of cities or
towns (or both) within such a Metropolitan Statis-
tical Area, that has a total population 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. 407. GRANTS.
Section 1006 (16 U.S.C. 2505) is amended—
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(1) in subsection (a) by redesignating para-
graph (3) as paragraph (4); and
(2) by striking so much as precedes subsection
(a)(4) (as so redesignated) and inserting the fol-
lowing:
‘‘GRANTS
‘‘SEC. 1006. (a)(1) The Secretary may provide 70
percent matching grants for rehabilitation, development,
acquisition, and innovation purposes to any eligible gen-
eral purpose local government upon approval by the Sec-
retary of an application submitted by the chief executive
of such government.
‘‘(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 in accordance 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
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from time to time in keeping with the rate of progress
toward completion of a project, on a reimbursable basis.’’.
SEC. 408. 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. 409. 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 or Agendas required under
section 6 of the Land and Water Conservation Fund Act
of 1965, including 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
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Water Conservation Fund grants or State grants for simi-
lar purposes or for other conservation or recreation pur-
poses.
‘‘(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. 410. 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.
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‘‘(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, and
reasonably equivalent usefulness and location; and
‘‘(2) in accord with the current recreation re-
covery action program of the grantee.’’.
SEC. 411. REPEAL.
Section 1015 (16 U.S.C. 2514) is repealed.
TITLE V—HISTORIC
PRESERVATION FUND
SEC. 501. TREATMENT OF AMOUNTS TRANSFERRED FROM
CONSERVATION
AND
REINVESTMENT
ACT
FUND.
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 all after the
first sentence; and
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(3) by adding at the end the following:
‘‘(b) Amounts transferred to the Secretary under sec-
tion 5(b)(5) of the Conservation and Reinvestment Act of
2000 in a fiscal year shall be deposited into the Fund and
shall be available without further appropriation to carry
out this Act.
‘‘(c) At least one-half of the funds obligated or ex-
pended each fiscal year under this Act shall be used in
accordance with this Act for preservation projects on his-
toric properties. In making such funds available, the Sec-
retary shall give priority to the preservation of endangered
historic properties.’’.
SEC. 502. STATE USE OF HISTORIC PRESERVATION ASSIST-
ANCE FOR NATIONAL HERITAGE AREAS AND
CORRIDORS.
Title I of the National Historic Preservation Act (16
U.S.C. 470a et seq.) is amended by adding at the end the
following:
‘‘SEC. 114. STATE USE OF ASSISTANCE FOR NATIONAL HER-
ITAGE AREAS AND CORRIDORS.
‘‘In addition to other uses authorized by this Act,
amounts provided to a State under this title may be used
by the State to provide financial assistance to the manage-
ment entity for any national heritage area or national her-
itage corridor established under the laws of the United
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States, to support cooperative historic preservation plan-
ning and development.’’.
TITLE VI—FEDERAL AND INDIAN
LANDS RESTORATION
SEC. 601. PURPOSE.
The purpose of this title is to provide a dedicated
source of funding for a coordinated program on Federal
and Indian lands to restore degraded lands, protect re-
sources that are threatened with degradation, and protect
public health and safety.
SEC. 602. TREATMENT OF AMOUNTS TRANSFERRED FROM
CONSERVATION
AND
REINVESTMENT
ACT
FUND; ALLOCATION.
(a) IN GENERAL.—Amounts transferred to the Sec-
retary of the Interior and the Secretary of Agriculture
under section 5(b)(6) of this Act in a fiscal year shall be
available without further appropriation to carry out this
title.
(b) ALLOCATION.—Amounts referred to in subsection
(a) year shall be allocated and available as follows:
(1) DEPARTMENT
OF
THE
INTERIOR.—Sixty
percent shall be allocated and available to the Sec-
retary of the Interior to carry out the purpose of
this title on lands within the National Park System,
lands within the National Wildlife Refuge System,
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and public lands administered by the Bureau of
Land Management.
(2) DEPARTMENT
OF
AGRICULTURE.—Thirty
percent shall be allocated and available to the Sec-
retary of Agriculture to carry out the purpose of this
title on lands within the National Forest System.
(3) INDIAN TRIBES.—Ten percent shall be allo-
cated and available to the Secretary of the Interior
for competitive grants to qualified Indian tribes
under section 603(b).
SEC. 603. AUTHORIZED USES OF TRANSFERRED AMOUNTS.
(a) IN GENERAL.—Funds made available to carry out
this title shall be used solely for restoration of degraded
lands, resource protection, maintenance activities related
to resource protection, or protection of public health or
safety.
(b) COMPETITIVE GRANTS TO INDIAN TRIBES.—
(1) GRANT AUTHORITY.—The Secretary of the
Interior shall administer a competitive grant pro-
gram for Indian tribes, giving priority to projects
based upon the protection of significant resources,
the severity of damages or threats to resources, and
the protection of public health or safety.
(2) LIMITATION.—The amount received for a
fiscal year by a single Indian tribe in the form of
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grants under this subsection may not exceed 10 per-
cent of the total amount available for that fiscal year
for grants under this subsection.
(c) PRIORITY LIST.—The Secretary of the Interior
and the Secretary of Agriculture shall each establish pri-
ority lists for the use of funds available under this title.
Each list shall give priority to projects based upon the pro-
tection of significant resources, the severity of damages
or threats to resources, and the protection of public health
or safety.
(d) COMPLIANCE WITH APPLICABLE PLANS.—Any
project carried out on Federal lands with amounts pro-
vided under this title shall be carried out in accordance
with all management plans that apply under Federal law
to the lands.
(e) TRACKING RESULTS.—Not later than the end of
the first full fiscal year for which funds are available under
this title, the Secretary of the Interior and the Secretary
of Agriculture shall jointly establish a coordinated pro-
gram for—
(1) tracking the progress of activities carried
out with amounts made available by this title; and
(2) determining the extent to which demon-
strable results are being achieved by those activities.
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SEC. 604. INDIAN TRIBE DEFINED.
In this title, the term ‘‘Indian tribe’’ means an Indian
or Alaska Native tribe, band, nation, pueblo, village, or
community that the Secretary of the Interior recognizes
as an Indian tribe under section 104 of the Federally Rec-
ognized Indian Tribe List Act of 1994 (25 U.S.C. 479a–
1).
TITLE VII—FARMLAND PROTEC-
TION PROGRAM AND ENDAN-
GERED
AND
THREATENED
SPECIES RECOVERY
Subtitle A—Farmland Protection
Program
SEC.
701.
ADDITIONAL
FUNDING
AND
ADDITIONAL
AU-
THORITIES UNDER FARMLAND PROTECTION
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:
‘‘SEC. 388. FARMLAND PROTECTION PROGRAM.
‘‘(a) ESTABLISHMENT
AND PURPOSE.—The Sec-
retary of Agriculture shall carry out a farmland protection
program for the purpose of protecting farm, ranch, and
forest lands with prime, unique, or other productive uses
by limiting the nonagricultural uses of the lands. Under
the program, the Secretary may provide matching grants
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to eligible entities described in subsection (d) to facilitate
their purchase of—
‘‘(1) permanent conservation easements in such
lands; or
‘‘(2) conservation easements or other interests
in such lands when the lands are subject to a pend-
ing offer from a State or local government.
‘‘(b) CONSERVATION PLAN.—Any highly erodible
land for which a conservation easement or other interest
is purchased using funds made available under this section
shall be subject to the requirements of a conservation plan
that requires, at the option of the Secretary of Agri-
culture, the conversion of the cropland to less intensive
uses.
‘‘(c)
MAXIMUM
FEDERAL
SHARE.—The
Federal
share of the cost of purchasing a conservation easement
described in subsection (a)(1) may not exceed 50 percent
of the total cost of purchasing the easement.
‘‘(d) ELIGIBLE ENTITY DEFINED.—In this section,
the term ‘eligible entity’ means any of the following:
‘‘(1) An agency of a State or local government.
‘‘(2) A federally recognized Indian tribe.
‘‘(3) Any organization that is organized for,
and at all times since its formation has been oper-
ated principally for, one or more of the conservation
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purposes specified in clause (i), (ii), or (iii) of sec-
tion 170(h)(4)(A) of the Internal Revenue Code of
1986 and—
‘‘(A) is described in section 501(c)(3) of
the Code;
‘‘(B) is exempt from taxation under section
501(a) of the Code; and
‘‘(C) is described in paragraph (2) of sec-
tion 509(a) of the Code, or paragraph (3) of
such section, but is controlled by an organiza-
tion described in paragraph (2) of such section.
‘‘(e) TITLE; ENFORCEMENT.—Any eligible entity
may hold title to a conservation easement purchased using
grant funds provided under subsection (a)(1) and enforce
the conservation requirements of the easement.
‘‘(f) STATE CERTIFICATION.—As a condition of the
receipt by an eligible entity of a grant under subsection
(a)(1), the attorney general of the State in which the con-
servation easement is to be purchased using the grant
funds shall certify that the conservation easement to be
purchased is in a form that is sufficient, under the laws
of the State, to achieve the purposes of the farmland pro-
tection program and the terms and conditions of the
grant.
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‘‘(g) TECHNICAL ASSISTANCE.—To provide technical
assistance to carry out this section, the Secretary of Agri-
culture may not use more than 10 percent of the amount
made available for any fiscal year under section 702 of
the Conservation and Reinvestment Act of 2000.’’.
SEC. 702. FUNDING.
Amounts transferred to the Secretary of Agriculture
under section 5(b)(7) of this Act in a fiscal year shall be
available to the Secretary of Agriculture, without further
appropriation, to carry out—
(1) the farmland protection program under sec-
tion 388 of the Federal Agriculture Improvement
and Reform Act of 1996 (Public Law 104–127; 16
U.S.C. 3830 note);
(2) the Forest Legacy Program under section 7
of the Cooperative Forestry Assistance Act of 1978
(16 U.S.C. 2103c); and
(3) the Urban and Community Forestry Assist-
ance Program established under section 9 of the Co-
operative
Forestry
Assistance
Act
of
1978
(16
U.S.C. 2105).
Subtitle B—Endangered and
Threatened Species Recovery
SEC. 711. PURPOSES.
The purposes of this subtitle are the following:
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(1) To provide a dedicated source of funding to
the United States Fish and Wildlife Service and the
National Marine Fisheries Service for the purpose of
implementing an incentives program to promote the
recovery of endangered species and threatened spe-
cies and the habitat upon which they depend.
(2) To promote greater involvement by non-
Federal entities in the recovery of the Nation’s en-
dangered species and threatened species and the
habitat upon which they depend.
SEC. 712. TREATMENT OF AMOUNTS TRANSFERRED FROM
CONSERVATION
AND
REINVESTMENT
ACT
FUND.
Amounts transferred to the Secretary of the Interior
under section 5(b)(8) of this Act in a fiscal year shall be
available to the Secretary of the Interior without further
appropriation to carry out this subtitle.
SEC. 713. ENDANGERED AND THREATENED SPECIES RE-
COVERY ASSISTANCE.
(a) FINANCIAL ASSISTANCE.—The Secretary may
use amounts made available under section 712 to provide
financial assistance to any person for development and im-
plementation of Endangered and Threatened Species Re-
covery Agreements entered into by the Secretary under
section 714.
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(b) PRIORITY.—In providing assistance under this
section, the Secretary shall give priority to the develop-
ment and implementation of species recovery agreements
that—
(1) implement actions identified under recovery
plans approved by the Secretary under section 4(f)
of the Endangered Species Act of 1973 (16 U.S.C.
1533(f));
(2) have the greatest potential for contributing
to the recovery of an endangered or threatened spe-
cies; and
(3) to the extent practicable, require use of the
assistance on land owned by a small landowner.
(c) PROHIBITION ON ASSISTANCE FOR REQUIRED
ACTIVITIES.—The Secretary may not provide financial as-
sistance under this section for any action that is required
by a permit issued under section 10(a)(1)(B) of the En-
dangered Species Act of 1973 (16 U.S.C. 1539(a)(1)(B))
or an incidental take statement issued under section 7 of
that Act (16 U.S.C. 1536), or that is otherwise required
under that Act or any other Federal law.
(d) PAYMENTS UNDER OTHER PROGRAMS.—
(1) OTHER PAYMENTS NOT AFFECTED.—Finan-
cial assistance provided to a person under this sec-
tion shall be in addition to, and shall not affect, the
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total amount of payments that the person is other-
wise eligible to receive under the conservation re-
serve program established under subchapter B of
chapter 1 of subtitle D of title XII of the Food Se-
curity Act of 1985 (16 U.S.C. 3831 et seq.), the
wetlands reserve program established under sub-
chapter C of that chapter (16 U.S.C. 3837 et seq.),
or the Wildlife Habitat Incentives Program estab-
lished under section 387 of the Federal Agriculture
Improvement and Reform Act of 1996 (16 U.S.C.
3836a).
(2) LIMITATION.—A person may not receive fi-
nancial assistance under this section to carry out ac-
tivities under a species recovery agreement in addi-
tion to payments under the programs referred to in
paragraph (1) made for the same activities, if the
terms of the species recovery agreement do not re-
quire financial or management obligations by the
person in addition to any such obligations of the
person under such programs.
SEC. 714. ENDANGERED AND THREATENED SPECIES RE-
COVERY AGREEMENTS.
(a) IN GENERAL.—The Secretary may enter into En-
dangered and Threatened Species Recovery Agreements
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for purposes of this subtitle in accordance with this sec-
tion.
(b) REQUIRED TERMS.—The Secretary shall include
in each species recovery agreement provisions that—
(1) require the person—
(A) to carry out on real property owned or
leased by the person activities not otherwise re-
quired by law that contribute to the recovery of
an endangered or threatened species;
(B) to refrain from carrying out on real
property owned or leased by the person other-
wise lawful activities that would inhibit the re-
covery of an endangered or threatened species;
or
(C) to do any combination of subpara-
graphs (A) and (B);
(2) describe the real property referred to in
paragraph (1)(A) and (B) (as applicable);
(3) specify species recovery goals for the agree-
ment, and measures for attaining such goals;
(4) require the person to make measurable
progress each year in achieving those goals, includ-
ing a schedule for implementation of the agreement;
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(5) specify actions to be taken by the Secretary
or the person (or both) to monitor the effectiveness
of the agreement in attaining those recovery goals;
(6) require the person to notify the Secretary
if—
(A) any right or obligation of the person
under the agreement is assigned to any other
person; or
(B) any term of the agreement is breached
by the person or any other person to whom is
assigned a right or obligation of the person
under the agreement;
(7) specify the date on which the agreement
takes effect and the period of time during which the
agreement shall remain in effect;
(8) provide that the agreement shall not be in
effect on and after any date on which the Secretary
publishes a certification by the Secretary that the
person has not complied with the agreement; and
(9) allocate financial assistance provided under
this subtitle for implementation of the agreement, on
an annual or other basis during the period the
agreement is in effect based on the schedule for im-
plementation required under paragraph (4).
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(c) REVIEW AND APPROVAL OF PROPOSED AGREE-
MENTS.—Upon submission by any person of a proposed
species
recovery
agreement
under
this
section,
the
Secretary—
(1) shall review the proposed agreement and de-
termine whether it complies with the requirements of
this section and will contribute to the recovery of en-
dangered or threatened species that are the subject
of the proposed agreement;
(2) propose to the person any additional provi-
sions necessary for the agreement to comply with
this section; and
(3) if the Secretary determines that the agree-
ment complies with the requirements of this section,
shall approve and enter with the person into the
agreement.
(d)
MONITORING
IMPLEMENTATION
OF
AGREE-
MENTS.—The Secretary shall—
(1) periodically monitor the implementation of
each species recovery agreement entered into by the
Secretary under this section; and
(2) based on the information obtained from
that monitoring, annually or otherwise disburse fi-
nancial assistance under this subtitle to implement
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the agreement as the Secretary determines is appro-
priate under the terms of the agreement.
SEC. 715. DEFINITIONS.
In this subtitle:
(1) ENDANGERED OR THREATENED SPECIES.—
The term ‘‘endangered or threatened species’’ means
any species that is listed as an endangered species
or threatened species under section 4 of the Endan-
gered Species Act of 1973 (16 U.S.C. 1533).
(2) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of the Interior or the Secretary of
Commerce, in accordance with section 3 of the En-
dangered Species Act of 1973 (16 U.S.C. 1532).
(3)
SMALL
LANDOWNER.—The
term
‘‘small
landowner’’ means an individual who owns 50 acres
or fewer of land.
(4)
SPECIES
RECOVERY
AGREEMENT.—The
term ‘‘species recovery agreement’’ means an En-
dangered and Threatened Species Recovery Agree-
ment entered into by the Secretary under section
714.
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TITLE VIII—PROTECTION OF SO-
CIAL
SECURITY
AND
MEDI-
CARE BENEFITS
SEC. 801. PROTECTION OF SOCIAL SECURITY AND MEDI-
CARE BENEFITS.
No funds shall be expended under this Act if such
expenditure diminishes benefit obligations of the Federal
Old-Age and Survivors Insurance Trust Fund, the Federal
Disability Insurance Trust Fund, the Hospital Insurance
Trust Fund, or the Supplementary Medical Insurance
Trust Fund.
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Conservation and Rein-
vestment Act’’.
SEC. 2. CONSERVATION AND REINVESTMENT ACT FUND.
(a) ESTABLISHMENT OF FUND.—There is established
in the Treasury of the United States a fund which shall
be known as the ‘‘Conservation and Reinvestment Act
Fund’’. In each fiscal year beginning in fiscal year 2001
and through fiscal year 2015, the Secretary of the Treasury
shall deposit in the Conservation and Reinvestment Act
Fund amounts sufficient to fund the programs identified
in subsection (b) from qualified Outer Continental Shelf
revenues, as that term is defined in section 2 of the Outer
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(5) $350,000,000 to the Wildlife Conservation
and Restoration Account within the Federal Aid to
Wildlife Restoration Fund established under section 3
of the Federal Aid in Wildlife Restoration Act (16
U.S.C. 669b).
(6) $75,000,000 to the Secretary of the Interior
to carry out the Urban Park and Recreation Recovery
Act of 1978 (16 U.S.C. 2501 et seq.).
(7) $50,000,000 to the Secretary of Agriculture
to carry out the Urban and Community Forestry Act
established by section 9 of the Cooperative Forestry
Assistance Act of 1978 (16 U.S.C. 2105).
(8) $150,000,000 to the Secretary of the Interior
for expenditure as provided in section 8(d) of the Na-
tional Historic Preservation Act (16 U.S.C. 470h(d)).
(9) $125,000,000 to the Secretary of the Interior
to carry out National Park Service and Indian lands
restoration programs as provided in title VI of this
Act.
(10) $50,000,000 to the Secretary of Agriculture
to carry out the Forest Legacy program established by
section 7 of the Cooperative Forestry Assistance Act
of 1978 (16 U.S.C. 2103c).
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(11) $50,000,000 to the Secretary of Agriculture
to carry out the Farm and Ranch Land Protection
Program established by section 701 of this Act.
(12) $25,000,000 to the Secretary of Agriculture
to carry out the Rural Development program under
section 21 of the Cooperative Forestry Assistance Act
of 1978 (16 U.S.C. 2101).
(13) $25,000,000 to the Secretary of Agriculture
to carry out the Rural Community Assistance pro-
gram established by section 2379 of the National For-
est-Dependent Rural Communities Economic Diver-
sification Act of 1990 (7 U.S.C. 6611–6617).
(14) $60,000,000 to be equally divided between
the Secretary of Agriculture, acting through the Chief
of the Forest Service, and the Secretary of the Interior
to carry out titles I and II of the Youth Conservation
Corps Act of 1970 (16 U.S.C. 1701 et seq.).
(15) Such sums as are necessary to the Secretary
of the Interior to fund the payment in lieu of taxes
program at its fully authorized level (31 U.S.C. 6901
et seq.).
(c) AVAILABILITY OF FUNDS.—Amounts transferred
under subsection (b) are hereby appropriated, subject to
subsection (f), and shall be available for obligation and ex-
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penditure without further appropriation and without fiscal
year limitation.
(d) CONFORMING AMENDMENT.—Section 6906 of title
31, United States Code, is amended to read as follows:
‘‘There are authorized to be appropriated such sums as may
be necessary to carry out this chapter.’’.
(e) SHORTFALL.—If amounts deposited in the Con-
servation and Reinvestment Act Fund in fiscal year 2001
or in any fiscal year thereafter are insufficient to fund each
program identified in subsection (b) in the amount specified
in such subsection, the amount transferred to each program
under subsection (b) for that fiscal year shall each be re-
duced proportionately in such fiscal year.
(f) LIMITATION ON AVAILABILITY OF FUNDS.—Not-
withstanding any provision of this Act making funds avail-
able without further appropriation, no amounts from the
Conservation and Reinvestment Act Fund shall be trans-
ferred under this section during any fiscal year until the
Congress has made available $450,000,000 (or such lesser
amount as may be required by subsection (e)) for Federal
land acquisition under section 5 of the Land and Water
Conservation Fund Act of 1965 (16 U.S.C. 4601–7) during
such fiscal year in an Act making appropriations.
(g) STATE AND LOCAL ACQUISITION RESTRICTION.—
Funds made available to States and local governments
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should be, to the extent practicable, for the acquisition of
land or interests in land on a willing seller basis.
(h) SAVINGS CLAUSE.—Nothing in this Act expands,
diminishes, or affects any water right.
SEC. 3. RECORDKEEPING REQUIREMENTS.
The Secretary of the Interior, Secretary of Agriculture,
and Secretary of Commerce in administering a program
funded under this Act shall establish such rules as may be
necessary regarding recordkeeping and auditing of amounts
made available to States and political subdivisions under
this Act.
SEC. 4. ANNUAL REPORTS.
(a) STATE REPORTS.—As a condition for receiving
amounts from the Conservation and Reinvestment Act
Fund, each Governor receiving such amounts shall account
for all amounts so received during the previous fiscal year
in a written report to the Secretary of the Interior, the Sec-
retary of Agriculture, or the Secretary of Commerce, as ap-
propriate. The report shall include, in accordance with reg-
ulations prescribed by the Secretary, a description of all
projects and activities funded under this Act, including a
listing of all lands or interests in lands acquired and the
circumstances surrounding each acquisition. In order to
avoid duplication, such report may incorporate by reference
any other reports required to be submitted by the Governor,
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under other provisions of law, to the Secretary regarding
any portion of such amounts.
(b) REPORT TO CONGRESS.—On January 1 of each
year, the Secretary of the Interior, the Secretary of Agri-
culture, and the Secretary of Commerce, shall jointly submit
an annual report to the Congress documenting all amounts
expended by the Secretary of the Interior, the Secretary of
Agriculture, and the Secretary of Commerce from the Con-
servation and Reinvestment Act Fund during the previous
fiscal year and summarizing the contents of the Governors’
reports submitted to the Secretaries under subsection (a).
SEC. 5. MAINTENANCE OF EFFORT AND MATCHING FUND-
ING.
(a) IN GENERAL.—Amounts made available to States
and political subdivisions from the Conservation and Rein-
vestment Act Fund are intended to supplement rather than
replace expenditures by such State and subdivisions. The
Secretaries of the Interior, Commerce and Agriculture shall
monitor the use of grant funds to ensure compliance with
this intent and shall identify in the annual report required
under section 4 any State or subdivision that, in the judg-
ment of the Secretary, is not maintaining a sufficient local
commitment or uses funds received under this Act to reduce
its expenditure of non-Federal funds.
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(b) USE OF AMOUNTS FROM THE CONSERVATION AND
REINVESTMENT ACT FUND TO MEET MATCHING REQUIRE-
MENTS.—All amounts received by a State or local govern-
ment under this Act shall be treated as Federal funds for
purposes of compliance with the requirement under any
other law that non-Federal funds be used to provide a por-
tion of the funding for any program or project.
SEC. 6. PROTECTION OF PRIVATE PROPERTY RIGHTS.
(a) SAVINGS CLAUSE.—Nothing in this Act shall au-
thorize the taking of private property for public use without
just compensation.
(b) FEDERAL REGULATION.—Nothing in this Act cre-
ates any new authority for Federal agencies to apply regu-
lations on privately owned land.
SEC. 7. SIGNS.
The Secretary of the Interior shall require, as a condi-
tion of providing any amounts from the Conservation and
Reinvestment Act Fund, that the person that owns or ad-
ministers any site that benefits from such amounts 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 appro-
priate, is a product of such amounts.
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SEC. 8. ENSURING THE SOLVENCY OF THE SOCIAL SECU-
RITY AND MEDICARE TRUST FUNDS.
(a) DEBT REDUCTION.—The Director of the Congres-
sional Budget Office shall report to Congress by February
1 of each year whether—
(1) a sufficient portion of the on-budget surplus
is reserved for debt retirement to put the Government
on a path to eliminate the publicly held debt by fiscal
year 2013 under current economic and technical pro-
jections; and
(2) there is an on-budget surplus for that fiscal
year.
(b) SOCIAL SECURITY SOLVENCY.—The Board of
Trustees of the Federal Old-Age and Survivors Insurance
Trust Fund and the Federal Disability Insurance Trust
Fund shall report to Congress by February 1 of each year
whether outlays from such trust funds are anticipated to
exceed the revenues to such trust funds during any of the
next 5 years.
(c) MEDICARE SOLVENCY.—The Board of Trustees of
the Federal Hospital Insurance Trust Fund shall report to
Congress by February 1 of each year whether outlays from
such trust fund are anticipated to exceed the revenues to
such trust fund during any of the next 5 fiscal years.
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SEC. 9. PROTECTION OF SOCIAL SECURITY AND MEDICARE
BENEFITS.
No funds shall be transferred under this Act if such
expenditure diminishes benefit obligations of the Federal
Old-Age and Survivors Insurance Trust Fund, the Federal
Disability Insurance Trust Fund, the Federal Hospital In-
surance Trust Fund, or the Federal Supplementary Medical
Insurance Trust Fund or if there is not an on-budget sur-
plus.
TITLE I—COASTAL IMPACT
ASSISTANCE AND STEWARDSHIP
SEC. 101. DEFINITIONS.
Section 2 of the Outer Continental Shelf Lands Act
(43 U.S.C. 1331) is amended by adding at the end the fol-
lowing:
‘‘(r) The term ‘coastal population’ means the popu-
lation of all political subdivisions, as determined by the
most recent official data of the Census Bureau, contained
in whole or in part within the designated 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 et seq.).
‘‘(s) The term ‘Coastal State’ has the same meaning
as provided by subsection 304(4) of the Coastal Zone Man-
agement Act (16 U.S.C. 1453(4)).
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‘‘(t) The term ‘coastline’ has the same meaning as the
term ‘coast line’ as defined in subsection 2(c) of the Sub-
merged Lands Act (43 U.S.C. 1301(c)).
‘‘(u) The term ‘leased tract’ means a tract maintained
under section 6 or leased under section 8 for the purpose
of drilling for, developing, and producing oil and natural
gas resources.
‘‘(v) The term ‘qualified Outer Continental Shelf reve-
nues’ means all amounts 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 this Act,
or lying within such zone but to which section 8(g) does
not apply, the geographic center of which lies within a dis-
tance of 200 miles from any part of the coastline of any
Coastal State, including bonus bids, rents, royalties (in-
cluding payments for royalties taken in kind and sold), net
profit share payments, and related late payment interest.
Such term does not include any revenues from a leased tract
or portion of a leased tract that is included within any
area of the Outer Continental Shelf where a moratorium
on new leasing was in effect as of January 1, 2000, unless
the lease was issued prior to the establishment of the mora-
torium and was in production on January 1, 2000.’’.
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SEC. 102. COASTAL IMPACT ASSISTANCE.
The Outer Continental Shelf Lands Act (43 U.S.C.
1331 et seq.) is amended by adding at the end the following:
‘‘SEC. 31. COASTAL IMPACT ASSISTANCE.
‘‘(a) DEFINITIONS.—When used in this section—
‘‘(1) The term ‘coastal political subdivision’
means a county, parish, or any equivalent subdivi-
sion of a Producing Coastal State which subdivision
lies within the coastal zone (as defined in section
304(1) of the Coastal Zone Management Act (16
U.S.C. 1453(1)) and within a distance of 200 miles
from the geographic center of any leased tract.
‘‘(2) The term ‘distance’ means minimum great
circle distance, measured in statute miles.
‘‘(3) The term ‘Producing Coastal State’ means
a Coastal State with a coastal seaward boundary
within 200 miles from the geographic center of a
leased tract other than a leased tract within any area
of the Outer Continental Shelf where a moratorium
on new leasing was in effect as of January 1, 2000,
unless the lease was issued prior to the establishment
of the moratorium and was in production on Janu-
ary 1, 2000.
‘‘(b) ‘‘FUNDING.—Amounts transferred to the Sec-
retary under section 2(b)(1) of the Conservation and Rein-
vestment Act in a fiscal year shall be available for obliga-
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tion and expenditure for the purposes of this section, with-
out further appropriation and without fiscal year limita-
tion.
‘‘(c) IMPACT ASSISTANCE PAYMENTS TO STATES AND
POLITICAL SUBDIVISIONS.—Notwithstanding section 9, the
Secretary shall make payments from the amounts available
under this section to Producing Coastal States with an ap-
proved Coastal Impact Assistance Plan, and to coastal po-
litical subdivisions as follows:
‘‘(1) ALLOCATIONS
TO
PRODUCING
COASTAL
STATES.—In each fiscal year, each Producing Coastal
State’s allocable share shall be equal to the sum of the
following:
‘‘(A) $245,000,000 equally divided among
all Producing Coastal States;
‘‘(B) $185,000,000 divided among Pro-
ducing Coastal States based on Outer Conti-
nental Shelf production.
‘‘(2) CALCULATION.—The amount for each Pro-
ducing Coastal State under paragraph (1)(B) shall be
calculated based on the ratio of qualified OCS reve-
nues generated off the coastline of the Producing
Coastal State to the qualified OCS revenues generated
off the coastlines of all Producing Coastal States, for
the preceding five-year period and recalculated each
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fifth year thereafter. Where there is more than one
Producing Coastal State within 200 miles of a leased
tract, the amount of each Producing Coastal State’s
payment under paragraph (1)(B) for such leased
tract shall be inversely proportional 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) that is within 200 miles of that coastline, as de-
termined by the Secretary for the 5-year period con-
cerned. A leased tract or portion of a leased tract
shall be excluded if the tract or portion is located in
a geographic area where a moratorium on new leas-
ing was in effect on January 1, 2000, unless the lease
was issued prior to the establishment of the morato-
rium and was in production on January 1, 2000.
‘‘(3) PAYMENTS TO COASTAL POLITICAL SUBDIVI-
SIONS.—Twenty percent of each Producing Coastal
State’s allocable share as determined under para-
graph (1) shall be paid directly to the coastal polit-
ical subdivisions by the Secretary based on the fol-
lowing formula:
‘‘(A) 25 percent shall be allocated based on
the ratio of such coastal political subdivision’s
coastal population to the coastal population of
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all coastal political subdivisions in the Pro-
ducing Coastal State; except that for those coast-
al political subdivisions in the State of Lou-
isiana without a coastline, the coastline for pur-
poses of this element of the formula shall be the
average length of the coastline of the remaining
coastal subdivisions in the state.
‘‘(B) 25 percent shall be allocated based on
the ratio of such coastal political subdivision’s
coastline miles to the coastline miles of all coast-
al political subdivisions in the Producing Coast-
al State.
‘‘(C) 50 percent shall be allocated based on
the relative distance of such coastal political sub-
division from any leased tract used to calculate
the Producing Coastal State’s allocation using
ratios that are inversely proportional to the dis-
tance between the point in the coastal political
subdivision closest to the geographic center of
each leased tract or portion, as determined by
the Secretary; except that in the State of Lou-
isiana the funds for this element of the formula
shall be divided equally among all coastal polit-
ical subdivisions. For purposes of the calcula-
tions under this subparagraph, a leased tract or
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portion of a leased tract shall be excluded if the
leased tract or portion is located in a geographic
area where a moratorium on new leasing was in
effect on January 1, 2000, unless the lease was
issued prior to the establishment of the morato-
rium and was in production on January 1,
2000.
‘‘(4) FAILURE TO HAVE PLAN APPROVED.—Any
amount allocated to a Producing Coastal State or
coastal political subdivision but not disbursed because
of a failure to have an approved Coastal Impact As-
sistance Plan under this section shall be allocated
equally by the Secretary among all other Producing
Coastal States in a manner consistent with this sub-
section except that the Secretary shall hold in escrow
such amount until the final resolution of any appeal
regarding the disapproval of a plan submitted under
this section. The Secretary may waive the provisions
of this paragraph and hold a Producing Coastal
State’s allocable share in escrow if the Secretary de-
termines that such State is making a good faith effort
to develop and submit, or update, a Coastal Impact
Assistance Plan.
‘‘(d) COASTAL IMPACT ASSISTANCE PLAN.—
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‘‘(1) DEVELOPMENT AND SUBMISSION OF STATE
PLANS.—The Governor of each Producing Coastal
State shall prepare, and submit to the Secretary, a
Coastal Impact Assistance Plan which shall incor-
porate the plans of coastal political subdivisions, and
may also incorporate the Statewide Coastal Conserva-
tion Plan required under section 32 of this Act. The
Governor shall solicit local input and shall provide
for public participation in the development of the
plan. The plan shall be submitted to the Secretary by
July 1, 2001 and updated at least once every 5 years
thereafter. Amounts received by Producing Coastal
States and coastal political subdivisions may be used
only for the purposes specified in the Producing
Coastal State’s Coastal Impact Assistance Plan.
‘‘(2) APPROVAL.—The Secretary shall approve a
plan under paragraph (1) prior to disbursement of
amounts under this section. The Secretary shall ap-
prove the plan if the Secretary determines that the
plan is consistent with the uses set forth in subsection
(e) 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 section.
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‘‘(B) A program for the implementation of
the plan which describes how the amounts pro-
vided under this section will be used.
‘‘(C) A description of how coastal political
subdivisions will use amounts provided under
this section, including a certification by the Gov-
ernor that such uses are consistent with the re-
quirements of this section.
‘‘(D) Certification by the Governor that
ample opportunity has been accorded for public
participation in the development and revision of
the plan.
‘‘(E) Measures for taking into account other
relevant Federal resources and programs.
‘‘(3) PROCEDURE.—The Secretary shall approve
or disapprove each plan or amendment within 90
days of its submission.
‘‘(4) AMENDMENT.—Any amendment to the plan
shall be prepared in accordance with the requirements
of this subsection and shall be submitted to the Sec-
retary for approval or disapproval.
‘‘(e) AUTHORIZED USES.—Producing Coastal States
and coastal political subdivisions shall use amounts pro-
vided under this section, including any such amounts de-
posited in a State or coastal political subdivision adminis-
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tered trust fund dedicated to uses consistent with this sub-
section, in compliance with Federal and State law and only
for one or more of the following purposes:
‘‘(1) uses authorized under subsection 32(c) of
this Act relating to coastal stewardship;
‘‘(2) projects and activities for the conservation,
protection or restoration of wetlands;
‘‘(3) mitigating damage to fish, wildlife or nat-
ural resources, including such activities authorized
under subtitle B of title IV of the Oil Pollution Act
of 1990 (33 U.S.C. 1321(c), (d));
‘‘(4) planning assistance and administrative
costs of complying with the provisions of this section;
‘‘(5) implementation of Federally approved ma-
rine, coastal, or comprehensive conservation manage-
ment plans; and
‘‘(6) mitigating impacts of Outer Continental
Shelf activities through funding of onshore infrastruc-
ture and public service needs: Provided, That funds
made available under this paragraph shall not exceed
23 percent of the funds provided under this section.
‘‘(f) COMPLIANCE WITH AUTHORIZED USES.—If the
Secretary determines that any expenditure made by a Pro-
ducing Coastal State or coastal political subdivision is not
consistent with the uses authorized in subsection (e), the
100
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Secretary shall not disburse any further amounts under this
section to that Producing Coastal State or coastal political
subdivision until the amounts used for the inconsistent ex-
penditure have been repaid or obligated for authorized
uses.’’
SEC. 103. OCEAN AND COASTAL CONSERVATION.
The Outer Continental Shelf Lands Act (43 U.S.C.
1331 et seq.) is further amended by adding at the end the
following:
‘‘SEC. 32. OCEAN AND COASTAL CONSERVATION.
‘‘(a) FUNDING.—Amounts transferred to the Secretary
of Commerce under section 2(b)(2) of the Conservation and
Reinvestment Act in a fiscal year shall be available for obli-
gation and expenditure for the purpose of this section, with-
out further appropriation and without fiscal year limita-
tion.
‘‘(b) ALLOCATION OF FUNDS.—Notwithstanding sec-
tion 9, the Secretary of Commerce shall allocate amounts
available under this section as follows:
‘‘(1) for uses identified in subsection (c),
$250,000,000; and
‘‘(2) for uses identified in subsection (d),
$100,000,000.
‘‘(c) COASTAL STEWARDSHIP.—
101
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‘‘(1) ALLOCATION
TO
COASTAL
STATES.—The
Secretary of Commerce shall allocate among all
Coastal States with an approved Statewide Coastal
Conservation Plan, the amounts available under sub-
section (b)(1) as follows:
‘‘(A) 25 percent shall be allocated based on
the ratio of the Coastal State’s coastal popu-
lation to the coastal population of all Coastal
States;
‘‘(B) 25 percent shall be allocated based on
the ratio of the Coastal State’s coastline miles to
the coastline miles of all Coastal States; and
‘‘(C) 50 percent shall be equally divided
among all Coastal States.
‘‘(2) FAILURE TO HAVE PLAN APPROVED.—Any
amount allocated to a Coastal State but not disbursed
because of a failure to have an approved Statewide
Coastal Conservation Plan under this subsection shall
be allocated among all other Coastal States in a man-
ner consistent with paragraph (1), except that the
Secretary of Commerce shall hold in escrow such
amount until the final resolution of any appeal re-
garding the disapproval of a plan submitted under
this subsection. The Secretary of Commerce may
waive the provisions of this paragraph and hold a
102
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Coastal State’s allocable share in escrow if the Sec-
retary of Commerce determines that such State is
making a good faith effort to develop and submit, or
update, a Statewide Coastal Conservation Plan.
‘‘(3) DEVELOPMENT AND SUBMISSION OF STATE
PLANS.—(A) The Governor of each Coastal State shall
prepare, and submit to the Secretary of Commerce, a
Statewide Coastal Conservation Plan. The Governor
shall solicit local input and shall provide for public
participation in the development of the Plan. The
Plan shall be submitted to the Secretary of Commerce
by July 1, 2001, and updated at least once every 5
years thereafter. Each Plan shall consider ways to use
amounts received under this subsection to assist local
governments, non-profit organizations, or public in-
stitutions with activities or programs consistent with
this subsection. Amounts received by Coastal States
may be used only for the purposes specified in the
Statewide Coastal Conservation Plan.
‘‘(B) APPROVAL.—The Secretary of Commerce shall
approve a Statewide Coastal Conservation Plan
under subparagraph (A) prior to disbursement of
amounts under this section. The Secretary of Com-
merce shall approve the Plan if the Secretary of Com-
merce determines that the Plan is consistent with the
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uses set forth in paragraph (4) and if the Plan con-
tains each of the following:
‘‘(i) The name of the State agency that will
have the authority to represent and act for the
State in dealing with the Secretary of Commerce
for purposes of this subsection;
‘‘(ii) A program for the implementation of
the Plan which describes how amounts will be
used to protect and manage the State’s coastal,
estuarine, and marine resources in accordance
with the requirements of this subsection;
‘‘(iii) Certification by the Governor that
ample opportunity has been accorded for public
participation in the development and revision of
the Plan; and
‘‘(iv) Measures for taking into account other
relevant Federal resources and programs.
‘‘(C) PROCEDURE.—The Secretary shall approve
or disapprove each plan or amendment within 90
days of its submission.
‘‘(D) AMENDMENT.—Any amendment to the plan
shall be prepared in accordance with the requirements
of this paragraph and shall be submitted to the Sec-
retary of Commerce for approval or disapproval.
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‘‘(4) AUTHORIZED USES.—Coastal States shall
use amounts provided under this subsection in com-
pliance with Federal and State law and only for one
or more of the following purposes—
‘‘(A) activities which support and are con-
sistent with the Coastal Zone Management Act,
including National Estuarine Research Reserve
programs, the National Marine Sanctuaries Act,
the Magnuson-Stevens Fishery Conservation and
Management Act, or the National Estuaries pro-
gram;
‘‘(B) conservation, restoration, enhancement
or protection of coastal or marine habitats in-
cluding wetlands, estuaries, coastal barrier is-
lands, coastal fishery resources and coral reefs,
including projects to remove abandoned vessels or
marine debris that may adversely affect coastal
habitats;
‘‘(C) protection, restoration and enhance-
ment of coastal water quality consistent with the
provisions of the Coastal Zone Management Act
(16 U.S.C. 1451 et seq.), including the reduction
or monitoring of coastal polluted runoff or other
coastal contaminants;
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‘‘(D) addressing watershed protection or
other coastal or marine conservation needs which
cross jurisdictional boundaries;
‘‘(E) assessment, research, mapping and
monitoring of coastal or marine resources and
habitats, including, where appropriate, the estab-
lishment and monitoring of marine protected
areas;
‘‘(F) addressing coastal conservation needs
associated with seasonal or otherwise transient
fluctuations in coastal populations;
‘‘(G) protection and restoration of natural
coastline protective features, including control of
coastline erosion;
‘‘(H) identification, prevention and control
of invasive exotic and harmful non-indigenous
species;
‘‘(I) assistance to local communities to as-
sess, plan for and manage the impacts of growth
and development on coastal or marine habitats
and natural resources, including coastal commu-
nity fishery assistance programs that encourage
participation in sustainable fisheries; and
‘‘(J) projects that promote research, edu-
cation, training and advisory services in fields
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related to coastal and Great Lakes living marine
resource use and management.
‘‘(5) COMPLIANCE WITH AUTHORIZED USES.—If
the Secretary determines that any expenditure made
by a Coastal State is not consistent with the uses au-
thorized in paragraph (4), the Secretary shall not dis-
burse any further amounts under this subsection to
that Coastal State until the amounts used for such ex-
penditure have been repaid or obligated for authorized
uses.
‘‘(d) COOPERATIVE FISHERIES ENFORCEMENT
AND
RESEARCH AND MANAGEMENT.—The amounts made avail-
able under subsection (b)(2) shall be allocated by the Sec-
retary of Commerce for the following purposes, with not less
than 25 percent used for Cooperative Enforcement Agree-
ments under paragraph (2):
‘‘(1) TECHNICAL
AND
ADMINISTRATIVE
EX-
PENSES.—Up to five percent of such amounts may be
used by the Secretary of Commerce to provide tech-
nical assistance to a State and cover administrative
costs associated with this subsection.
‘‘(2) COOPERATIVE
ENFORCEMENT
USES.—(A)
The Governor of Hawaii, a territory, or a State rep-
resented on an Interstate Marine Fisheries Commis-
sion may apply to the Secretary of Commerce for exe-
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cution of a cooperative enforcement agreement with
the Secretary of Commerce. Cooperative agreements
between the Secretary of Commerce and such States
shall authorize the deputization of State law enforce-
ment officers with marine law enforcement respon-
sibilities to perform duties of the Secretary of Com-
merce relating to any law enforcement provision of
any marine resource laws enforced by the Secretary
of Commerce. Such cooperative enforcement agree-
ments shall be consistent with the purposes and intent
of section 311(a) of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C.
1861(a)), to the extent applicable to the regulated ac-
tivities.
‘‘(B) Upon receiving an application meet-
ing the requirements of this subsection, the Sec-
retary of Commerce shall enter into the coopera-
tive enforcement agreement with the requesting
State. The Secretary of Commerce shall include
in each cooperative enforcement agreement an al-
location of funds to assist in management of the
agreement. The allocation shall be distributed
among all States participating in cooperative
enforcement agreements under this paragraph
based upon consideration of the specific marine
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conservation enforcement needs of each partici-
pating State.
‘‘(3) COOPERATIVE RESEARCH AND MANAGEMENT
USES.—(A) The Governor of Hawaii, a territory, or
any State represented on an Interstate Marine Fish-
eries Commission may apply to the Secretary of Com-
merce for the execution of a research and management
agreement, on a sole source basis, for the purpose of
undertaking eligible projects required for the effective
management of living marine resources of the United
States. Upon determining that the application meets
the requirements of this subsection, the Secretary of
Commerce shall enter into such agreement.
‘‘(B) The Secretary of Commerce shall allocate to
States participating in a research and management
agreement under this subsection funds to assist in im-
plementing the agreement.
‘‘(C) For purposes of this subsection, eligible
projects are those which address critical needs identi-
fied in fishery management reports or plans developed
and approved by a State, Marine Fisheries Commis-
sion, Regional Fishery Management Council, or other
regional or tribal entity, charged with management
and conservation of living marine resources, and that
pertain to—
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‘‘(i) the collection and analysis of fishery
data and information, including data on land-
ings, fishing effort, biology, habitat, economics
and social changes, including those information
needs identified pursuant to section 401 of the
Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1881); or
‘‘(ii) the development of measures to pro-
mote innovative or cooperative management of
fisheries.
‘‘(D) In making funds available under this para-
graph, the Secretary of Commerce shall give priority
to eligible projects that meet the following criteria:
‘‘(i) establishment of observer programs;
‘‘(ii) cooperative research projects developed
among States, academic institutions, and the
fishing industry, to obtain data or other infor-
mation necessary to meet national or regional
management priorities;
‘‘(iii) projects to reduce harvesting capacity
performed in a manner consistent with section
312(b) of the Magnuson-Stevens Fishery and
Conservation Act (16 U.S.C. 1862(b));
‘‘(iv) projects designed to identify ecosystem
impacts of fishing, including the relationship be-
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tween fishing harvest and marine mammal pop-
ulation abundance;
‘‘(v) projects to develop sustainable experi-
mental fisheries and fishery harvest techniques
and fishing gear that provide conservation bene-
fits, including reduction of fishing bycatch;
‘‘(vi) projects to develop sustainable aqua-
culture; or
‘‘(vii) projects for the identification, con-
servation, restoration or enhancement of coastal
fishery resources and habitats.
‘‘(4) COMMERCE PROCEDURES.—Within 90 days
after the enactment of the Conservation and Reinvest-
ment Act, the Secretary of Commerce shall adopt pro-
cedures necessary to implement this subsection.
‘‘(5) CONGRESSIONAL APPROVAL.—The President
shall include in, as part of the annual budget pro-
posal, a priority list of allocations to Coastal States
under this subsection. Amounts shall be made avail-
able under section 2(b)(2) of the Conservation and
Reinvestment Act 15 days after the sine die adjourn-
ment of the Congress each year, without further ap-
propriation, for the projects identified on the priority
list, unless prior to such date, legislation is enacted
establishing a different priority list. If Congress en-
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acts legislation establishing an alternate priority list,
and such priority list funds less than the annual au-
thorized funding amount identified in this subsection,
the difference between the authorized funding amount
and the alternate priority list shall be available for
expenditure, without further appropriation, in ac-
cordance with the priority list submitted by the Presi-
dent.’’.
SEC. 104. CORAL REEF PROTECTION.
(a) FUNDING.—Amounts transferred to the Secretaries
of Interior and Commerce under section 2(b)(3) of the Con-
servation and Reinvestment Act in a fiscal year shall be
available for obligation and expenditure for the purposes
of this section, without further appropriation and without
fiscal year limitation.
(b) CORAL REEF.—As used in this section, the term
‘‘coral reef’’ means species (including reef plants and
coralline algae), habitats, and other natural resources asso-
ciated with any reefs or shoals composed primarily of corals
within all maritime areas and zones subject to the jurisdic-
tion of the United States, including in the Atlantic Ocean,
Caribbean Sea, Gulf of Mexico, and Pacific Ocean or subject
to the jurisdiction of the Republic of the Marshall Islands,
the Federated States of Micronesia, or the Republic of Palau
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as long as such entity is in free association with the United
States.
(c) ALLOCATION OF FUNDS.—Amounts under this sec-
tion shall be allocated as follows:
(1) $12,500,000 shall be made available to the
Secretary of Commerce; and
(2) $12,500,000 shall be made available to the
Secretary of the Interior; to be administered in ac-
cordance with this section.
(d) USES.—The Secretary of Commerce and the Sec-
retary of the Interior shall use amounts provided under this
section for activities that contribute to or result in pre-
serving, sustaining or enhancing the health, diversity or vi-
ability of coral reef ecosystems. No amounts provided under
this section shall be used for the acquisition of lands or in-
terests in lands. In determining how to allocate amounts
under this section, the Secretaries shall give priority to
those areas of most critical environmental need. Uses may
include:
(1) actions to enhance or improve resource man-
agement of coral reefs, such as assessment, scientific
research, protection, restoration and mapping;
(2) habitat monitoring and species surveys and
monitoring;
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(3) activities necessary for planning and devel-
opment of strategies for coral reef management;
(4) community outreach and education on coral
reef importance and conservation;
(5) activities in support of the enforcement of
laws relating to coral reefs; and
(6) grants of financial assistance for the uses au-
thorized in this subsection to natural resource man-
agement authorities of States or territories of the
United States, the Republic of the Marshall Islands,
the Federated States of Micronesia, the Republic of
Palau, or other government authorities with jurisdic-
tion over coral reefs or whose activities affect coral
reefs, or educational or non-governmental organiza-
tions with demonstrated expertise in marine science
or the conservation of coral reefs.
(e) CONSULTATION.—In developing guidelines and re-
quirements to implement this section, the Secretary of Com-
merce and the Secretary of the Interior shall consult with
the Coral Reef Task Force established under Executive
Order 13089 (June 11, 1998), States and territories, the
Republic of the Marshall Islands, the Federated States of
Micronesia, the Republic of Palau, regional and local enti-
ties, and non-governmental organizations involved in coral
and marine conservation.
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(f) CONGRESSIONAL APPROVAL.—The President shall
transmit, as part of the annual budget proposal, a priority
list for all allocations under this section. Amounts shall be
made available under section 2(b)(3) of the Conservation
and Reinvestment Act 15 days after the sine die adjourn-
ment of the Congress each year, without further appropria-
tion, for the projects identified on the priority list, unless,
prior to such date, legislation is enacted establishing a dif-
ferent priority list. If Congress enacts legislation estab-
lishing an alternate priority list, and such priority list
funds less than the annual authorized funding amount
identified in this section, the difference between the author-
ized funding and the alternate priority list shall be avail-
able for expenditure, without further appropriation, in ac-
cordance with the priority list submitted by the Secretary
of the Interior and Secretary of Commerce.
TITLE II—LAND AND WATER
CONSERVATION FUND
SEC. 201. SHORT TITLE.
This title may be cited as the ‘‘Land and Water Con-
servation Fund Act Amendments of 2000’’.
SEC. 202. LAND AND WATER CONSERVATION FUND AMEND-
MENTS.
(a) AMOUNTS TRANSFERRED FROM CONSERVATION
AND REINVESTMENT ACT FUND.—Section 2(c) of the Land
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and Water Conservation Fund Act of 1965 (16 U.S.C. 460l–
5(c)) is amended to read as follows:
‘‘(c) In addition to the sum of the revenues and collec-
tions estimated by the Secretary of the Interior to be covered
into the fund pursuant to subsections (a) and (b) of this
section, there shall be deposited into the fund all amounts
transferred to the fund under section 2(b)(4) of the Con-
servation and Reinvestment Act. Such amounts shall only
be used to carry out the purposes of this Act.’’.
(b) ANNUAL FUNDING AUTHORITY.—Section 3 of the
Land and Water Conservation Fund Act of 1965 (16 U.S.C.
460l–6) is amended to read as follows:
‘‘Of amounts in the fund, $900,000,000 shall be avail-
able each fiscal year for obligation and expenditure in ac-
cordance with section 5 of this Act, without further appro-
priation and without fiscal year limitation. Other moneys
in the fund shall be available for expenditure only when
appropriated therefor. Such appropriations may be made
without fiscal year limitation.’’.
‘‘(c) ALLOCATION OF FUNDS.—Section 5 of the Land
and Water Conservation Fund Act of 1965 (16 U.S.C. 460l–
7) is amended to read as follows:
‘‘Of the amounts made available each fiscal year, fifty
percent of the funds shall be used for Federal land acquisi-
tion purposes as provided in section 7 of this Act and fifty
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percent shall be used for financial assistance to States as
provided in section 6 of this Act.’’.
SEC. 203. ALLOCATION OF AMOUNTS FOR STATE PURPOSES.
(a) FACILITY REHABILITATION.—Section 6(a) of the
Land and Water Conservation Fund Act of 1965 (16 U.S.C.
460l–8(a)) is amended by deleting ‘‘(3) development.’’ and
inserting ‘‘(3) development, including facility rehabilita-
tion.’’.
(b) STATE FUNDING ALLOCATIONS.—Section 6(b) of
the Land and Water Conservation Fund Act of 1965 (16
U.S.C. 460l–8(b)) is amended to read as follows:
‘‘(b) APPORTIONMENT AMONG STATES.—(1) Not more
than 4 percent of the amounts made available for financial
assistance to States each fiscal year may be deducted by
the Secretary for expenses in the administration of this sec-
tion. Such amount is authorized to be made available there-
for until the expiration of the next succeeding fiscal year.
Within 60 days after the close of such fiscal year, the Sec-
retary shall apportion any unexpended amounts, in a man-
ner consistent with this subsection.
‘‘(2) The Secretary, after making the deduction under
paragraph (1), shall apportion the remaining amounts as
follows:
‘‘(A) Sixty percent shall be apportioned equally
among the several States; and
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‘‘(B) Forty percent shall be apportioned on the
basis of the ratio which the population of each State
bears to the total population of the United States.
‘‘(3) The total apportionment to an individual State
(2) shall not exceed 10 percent of the total amount made
available for financial assistance to the States in any one
year.
‘‘(4) The Secretary shall notify each State of its appor-
tionment, and the amount thereof shall be available there-
after to such State for planning, acquisition, or develop-
ment 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 notification
is given and for two fiscal years thereafter shall be reappor-
tioned by the Secretary in accordance with paragraph (2).
‘‘(5)(A) For the purposes of paragraph (2)—
‘‘(i) the District of Columbia shall be treated as
a State; and
‘‘(ii) Puerto Rico, the Virgin Islands, Guam,
American Samoa and the Commonwealth of the
Northern Mariana Islands shall be treated collectively
as one State and shall receive shares of such appor-
tionment in proportion to their populations.
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‘‘(B) Each of the areas referred to in subparagraph
(A) shall be treated as a State for all other purposes of this
Act.
‘‘(6)(A) For the purposes of paragraph (2) of this sub-
section, all Federally recognized Indian tribes or, in the
case of Alaska, Native Corporations (as defined in section
3 of the Alaska Native Claims Settlement Act (43 U.S.C.
1602)) shall be treated collectively as one State and be eligi-
ble to receive shares of apportionment in accordance with
a competitive grant program established by the Secretary.
‘‘(B) No single tribe or Alaska Native Corporation
shall receive more than 10 percent of the total amount made
available under this paragraph.
‘‘(C) Funds received by a tribe or Alaska Native Cor-
poration under this paragraph may be expended only for
the purposes specified in paragraphs (1) and (3) of sub-
section (a).
‘‘(7) Absent a compelling and annually documented
reason to the contrary acceptable to the Secretary of the
Interior, each State (other than an area treated as a State
under paragraphs (5) and (6) of this subsection) shall make
at least 25 percent of its annual apportionment available
as grants to local governments within such State.’’.
SEC. 204. STATE PLANNING.
(a) STATE ACTION AGENDA.—
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(1) IN GENERAL.—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.—
‘‘(1) A State Action Agenda for Community
Recreation and Conservation (in this Act referred to
as the ‘‘State Action Agenda’’) shall be required prior
to the consideration by the Secretary of financial as-
sistance under this section. The State Action Agenda
shall be adequate if, in the judgment of the Secretary,
it encompasses and will promote the purposes of this
Act.
‘‘(2) Each State, in partnership with its local
governments and Federal agencies, shall develop a
State Action Agenda within 5 years after the date of
enactment of the Conservation and Reinvestment Act.
Each State may define its own priorities and criteria
for selection of outdoor recreation and conservation
acquisition and development projects eligible for
grants under this Act so long as it provides for public
involvement in this process. The State Action Agenda
shall be strategic, originating in broad-based and
long-term needs, but focused on actions that can be
funded over the next 5 years. A State Action Agenda
must be updated at least once every 5 years.
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‘‘(3) The State Action Agenda shall contain:
‘‘(A) the name of the State agency that will
have authority to represent and act for the State
in dealing with the Secretary for the purposes of
this Act;
‘‘(B) the priorities and criteria for selection
of outdoor recreation and conservation acquisi-
tion and development projects; and
‘‘(C) certification by the Governor that the
agenda’s conclusions and proposed actions reflect
an ample opportunity for public participation.
‘‘(4) State Action Agendas shall take into ac-
count all providers of recreation and conservation
lands within each State, including Federal, regional,
and local government resources, and shall be cor-
related 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 (16
U.S.C. 2506) shall be used by a State as a guide to
the conclusions, priorities, and action schedules con-
tained in State Action Agenda. Each State shall as-
sure that any requirements for local outdoor recre-
ation and conservation planning, promulgated as
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conditions for grants, minimize redundancy of local
efforts by allowing, wherever possible, use of the find-
ings, priorities, and implementation schedules of re-
covery action programs to meet such requirements.’’.
(2) EXISTING
STATE
PLANS.—Comprehensive
State Plans developed by any State under section
6(d) of the Land and Water Conservation Fund Act
of 1965 before the date of 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.
(b) CONFORMING AMENDMENTS.—(1) Section 6(e) of
the Land and Water Conservation Fund Act of 1965 (16
U.S.C. 460l–8(e)) is amended—
(A) in the first sentence by striking ‘‘State com-
prehensive plan’’ and inserting ‘‘State Action Agen-
da’’; and
(B) in paragraph (1) by striking ‘‘comprehensive
plan’’ and inserting ‘‘State Action Agenda’’.
(2) Reference to a ‘‘State comprehensive plan’’ (within
the meaning of the Land and Water Conservation Act of
1965) in any law shall be deemed to be to the State Action
Agenda established by this section.
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SEC. 205. ASSISTANCE TO STATES FOR OTHER PROJECTS.
Section 6(e) of the Land and Water Conservation
Fund Act of 1965 (16 U.S.C. 460l–8(e)) is further
amended—
(1) in subsection (e)(1) by striking ‘‘, but not in-
cluding incidental costs relating to acquisition’’; and
(2) in subsection (e)(2) by striking ‘‘facilities’’
the first place it appears and inserting ‘‘facilities, or
to enhance public safety within a designated park or
recreation area’’.
SEC. 206. CONVERSION OF PROPERTY TO OTHER USE.
Section 6(f)(3) of the Land and Water Conservation
Fund Act of 1965 (16 U.S.C. 460l–8(f)(3)) is amended—
(1) by inserting ‘‘(A)’’ before ‘‘No property’’; and
(2) by striking the second sentence (including the
proviso) and inserting the following:
‘‘(B) With the exception of those properties
that are no longer viable as an outdoor recre-
ation and conservation facility due to changes in
demographics or which must be abandoned be-
cause of environmental contamination or other
condition that endangers public health and safe-
ty, the Secretary shall approve such conversion
only if the State demonstrates no prudent or fea-
sible alternative exists. Any conversion must sat-
isfy such conditions as the Secretary deems nec-
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essary to assure the substitution of other recre-
ation and conservation properties of at least
equal fair market value and reasonably equiva-
lent usefulness and location and which are con-
sistent with the existing State Action Agenda.’’.
SEC. 207. FEDERAL LAND ACQUISITION.
(a) FEDERAL LAND ACQUISITION PROJECTS.—Section
7(a) of the Land and Water Conservation Fund Act of 1965
(16 U.S.C. 460l–9(a)) is amended—
(1) by striking ‘‘Moneys appropriated’’ and all
that follows through ‘‘subpurposes:’’ and inserting the
following:
‘‘(1)(A) The President shall transmit, as part of
the annual budget proposal, a priority list for Federal
land acquisition projects that fully allocates the
amount made available for Federal land acquisition
projects for that fiscal year. The President shall re-
quire the Secretary of the Interior and the Secretary
of Agriculture to develop priority lists for projects
under each Secretary’s jurisdiction. The Secretaries
shall prepare the lists in consultation with the head
of each affected bureau or agency, taking into account
the best professional judgment regarding the land ac-
quisition priorities and policies of each bureau or
agency. In preparing the lists, the Secretaries shall
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consider whether land exchanges, consolidation of
Federal land ownership within a State, or the acqui-
sition of conservation easements can be used with re-
spect to proposed acquisitions. The Secretaries also
shall consult with the Governors of the States and
shall carefully consider any recommendations made
by the Governor for any land acquisition within the
State and any concerns on the acquisition of indi-
vidual parcels.
‘‘(B) The President shall also transmit the pri-
ority list to the Committee on Resources of the House
of Representatives and the Committee on Energy and
Natural Resources of the Senate together with a list
of all expenditures made during the prior fiscal year
and the specific statutory authorization for each pro-
posed land acquisition on the priority list. The Com-
mittee on Energy and Natural Resources shall review
the priority list and not later than May 1 of each
year shall transmit to the Committee on Appropria-
tions of the Senate a priority list for land acquisi-
tions for the next fiscal year for lands that have been
specifically authorized for acquisition by statute.
‘‘(2) Amounts made available from the fund for
Federal land acquisition projects shall be used for the
following purposes and subpurposes:’’ and
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(2) by redesignating paragraphs (1), (2), and (3)
as subparagraphs (A), (B), and (C) respectively.
(b) Section 7(b) of the Land and Water Conservation
Fund Act of 1965 (16 U.S.C. 460l–9(b)) is amended to read
as follows:
‘‘(b) ACQUISITION RESTRICTIONS.—(1) LIMITATION
ON EXPENDITURE.—No money shall be obligated or ex-
pended for Federal land acquisition purposes under this
section unless approved in an Act making appropriations.
‘‘(2) AUTHORIZATION
REQUIREMENT.—Appropria-
tions from the funds pursuant to this section shall not be
used for acquisition unless such acquisition is otherwise au-
thorized by law: Provided, however, That appropriations
from the fund may be used for preacquisition work in in-
stances where authorization is imminent and where sub-
stantial monetary savings could be realized.
‘‘(3) WILLING SELLER.—Amounts made available for
Federal land acquisition purposes under this section shall
not be used to acquire property unless—
‘‘(A) the owner of the property is willing to sell;
or
‘‘(B) the acquisition is authorized by law and is
conducted in accordance therewith.’’.
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TITLE III—WILDLIFE CONSERVA-
TION AND RESTORATION
SEC. 301. DEFINITIONS.
(a) REFERENCE TO LAW.—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) DEFINITIONS.—Section 2 of the Federal Aid in
Wildlife Restoration Act (16 U.S.C. 669a) is amended to
read as follows:
‘‘SEC. 2. DEFINITIONS.
‘‘As used in this Act—
‘‘(1) the term ‘conservation’ means the use of
methods and procedures necessary or desirable to sus-
tain healthy populations of wildlife, including all ac-
tivities associated with scientific resources manage-
ment such as research, census, monitoring of popu-
lations, acquisition, improvement and management 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 in-
dividuals within wildlife stock or population if per-
mitted by applicable State and Federal law;
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‘‘(2) the term ‘Secretary’ means the Secretary of
the Interior;
‘‘(3) the term ‘State fish and game department’
or ‘State fish and wildlife department’ means any de-
partment or division of department of another name,
or commission, or official or officials, of a State em-
powered under its laws to exercise the functions ordi-
narily exercised by a State fish and game department
or State fish and wildlife department.
‘‘(4) the term ‘wildlife’ means any species of
wild, free-ranging fauna including fish, and also
fauna in captive breeding programs the object of
which is to reintroduce individuals of a depleted in-
digenous species into previously occupied range;
‘‘(5) the term ‘wildlife-associated recreation’ means
projects intended to meet the demand for outdoor ac-
tivities associated with wildlife including, but not
limited to, hunting and fishing, wildlife observation
and photography, such projects as construction or res-
toration of wildlife viewing areas, observation towers,
blinds, platforms, land and water trails, water access,
trail heads, and access for such projects;
‘‘(6) the term ‘wildlife conservation and restora-
tion program’ means a program developed by a State
fish and wildlife department and approved by the
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Secretary under section 304(d), the projects that con-
stitute such a program, which may be implemented in
whole or part through grants and contracts by a State
to other State, Federal, or local agencies (including
those that gather, evaluate, and disseminate informa-
tion on wildlife and their habitats), wildlife conserva-
tion organizations, and outdoor recreation and con-
servation education entities from funds apportioned
under this title, and maintenance of such projects;
‘‘(7) the term ‘wildlife conservation education’
means projects, including public outreach, intended to
foster responsible natural resource stewardship; and
‘‘(8) the term ‘wildlife-restoration project’ in-
cludes the wildlife conservation and restoration pro-
gram and means the selection, restoration, rehabilita-
tion, and improvement of areas of land or water
adaptable as feeding, resting, or breeding places for
wildlife, including acquisition of such areas or estates
or interests therein as are suitable or capable of being
made suitable therefor, and the construction thereon
or therein of such works as may be necessary to make
them available for such purposes and also including
such research into problems of wildlife management
as may be necessary to efficient administration affect-
ing wildlife resources, and such preliminary or inci-
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dental costs and expenses as may be incurred in and
about such projects.’’.
SEC. 302. WILDLIFE CONSERVATION AND RESTORATION
ACCOUNT.
Section 3 of the Federal Aid in Wildlife Restoration
Act (16 U.S.C. 669b) is amended—
(1) in subsection (a) by inserting ‘‘(1)’’ after
‘‘(a)’’, and by adding at the end the following:
‘‘(2) There is established in the fund a sub-
account to be known as the ‘‘Wildlife Conservation
and Restoration Account’’. Amounts transferred to the
Secretary under section 2(b)(5) of the Conservation
and Reinvestment Act shall be deposited in the sub-
account and shall be available without further appro-
priation for obligation and expenditure, in each fiscal
year, for apportionment in accordance with this Act
to carry out State wildlife conservation and restora-
tion programs.’’; and
(2) by adding at the end the following—
‘‘(c)(1) Amounts transferred to the Wildlife Conserva-
tion and Restoration Account shall supplement, but not re-
place, existing funds available to the States from the sport
fish restoration account and wildlife restoration account
and shall be used for the development, revision, and imple-
mentation of wildlife conservation and restoration pro-
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grams and should be used to address the unmet needs for
a diverse array of wildlife and associated habitats, includ-
ing species not hunted or fished.
‘‘(2) Funds may be used by a State or an Indian tribe
for the planning and implementation of its wildlife con-
servation and restoration program and wildlife conserva-
tion strategy, as provided in section 4(d) and (e) of this
Act, including wildlife conservation, wildlife conservation
education, and wildlife-associated recreation projects. Such
funds may be used for new programs and projects as well
as to enhance existing programs and projects.
‘‘(3) Priority for funding from the Wildlife Conserva-
tion and Restoration Account shall be for those species with
the greatest conservation need.
‘‘(d) Notwithstanding subsections (a) and (b) of this
section, with respect to amounts transferred to the Wildlife
Conservation and Restoration Account from the Conserva-
tion and Reinvestment Act Fund, so much of such amounts
apportioned to any State for any fiscal year as remains
unexpended at the close thereof shall remain available for
obligation in that State until the close of the second suc-
ceeding fiscal year.’’.
SEC. 303. STATE APPORTIONMENTS.
Section 4 of the Federal Aid in Wildlife Restoration
Act (16 U.S.C. 669c) is amended by adding the following—
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‘‘(c) APPORTIONMENT OF WILDLIFE CONSERVATION
AND RESTORATION ACCOUNT.—(1) Notwithstanding sub-
section (a), the Secretary may use not more than 2 percent
of the revenues deposited into the Wildlife Conservation and
Restoration Account in each fiscal year as necessary for ex-
penses in the administration and execution of programs
carried out under the Wildlife Conservation and Restora-
tion Account and such amount shall be available therefor
until the expiration of the next succeeding fiscal year. With-
in 60 days after the close of such fiscal year, the Secretary
shall apportion any portion 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, after deducting administrative ex-
penses shall make the following apportionment from the
Wildlife Conservation and Restoration Account:
‘‘(A) to the District of Columbia and to the Com-
monwealth of Puerto Rico, each a sum equal to not
more than one-half of 1 percent thereof;
‘‘(B) to Guam, American Samoa, the Virgin Is-
lands, and the Commonwealth of the Northern Mar-
iana Islands, each a sum equal to not more than one-
fourth of 1 percent thereof; and
‘‘(C) to Federally recognized Indian tribes, a
sum equal to not more than 21⁄4 percent, one-third of
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which shall be allocated among the various tribes
based on the ratio to which the trust land area of
such tribe bears to the total trust land area of all such
tribes and two-thirds of which shall be allocated based
on the ratio to which the population of such tribe
bears to the total population of all such tribes; except
that no Indian tribe shall receive more than 5 percent
per annum of the total annual amount made avail-
able to Indian tribes under this subsection.
‘‘(3) The Secretary shall apportion the remaining
amount in the Wildlife Conservation and Restoration Ac-
count for each year among the States in the following man-
ner:
‘‘(A) one-third 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) two-thirds of which is based on the ratio to
which the population of such State bears to the total
population of all such States.
‘‘(4) The amounts apportioned under this paragraph
shall be adjusted equitably so that no State shall be appor-
tioned a sum which is less than 1 percent of the amount
available for apportionment under this paragraph for any
fiscal year or more than 5 percent of such amount.
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‘‘(d) WILDLIFE CONSERVATION
AND RESTORATION
PROGRAM.—(1) Any State, may apply to the Secretary for
approval of a wildlife conservation and restoration pro-
gram or for funds from the Wildlife Conservation and Res-
toration Account to develop a program which shall—
‘‘(A) contain provision for vesting in the State
fish and wildlife department overall responsibility
and accountability for development and implementa-
tion of the program; and
‘‘(B) contain provision for development and im-
plementation of—
‘‘(i) wildlife conservation projects that ex-
pand and support existing wildlife programs to
meet the needs of a diverse array of wildlife spe-
cies, including a wildlife strategy as set forth in
subsection (e),
‘‘(ii) wildlife associated recreation pro-
grams,
‘‘(iii) 
wildlife 
conservation 
education
projects; and
‘‘(C) contain provisions for public participation
in the development, revision, and implementation of
projects and programs identified in subparagraph (B)
of this subsection.
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‘‘(2) If the Secretary finds that the wildlife conserva-
tion and restoration program submitted by a State complies
with paragraph (1), the Secretary shall approve the pro-
gram and shall set aside from the apportionment to the
State made pursuant to subsection (c) an amount that shall
not exceed 75 percent of the estimated cost of developing
and implementing the program.
‘‘(3)(A) Except as provided in subparagraphs (B) and
(C), after the Secretary approves a State’s wildlife conserva-
tion and restoration program, the Secretary may make
payments on a project that is a segment of the State’s wild-
life conservation and restoration program as the project
progresses. Such payments, including previous payments on
the project, if any, shall not be more than the pro rata share
of the United States for such project. The Secretary, under
such regulations 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
program, including funds to develop such program.
‘‘(B) Not more than 10 percent of the amounts appor-
tioned to each State under this section for a State’s wildlife
conservation and restoration program may be used for wild-
life-associated recreation.
‘‘(C) Not more than 10 percent of the amounts appor-
tioned to each State under this section for a State’s wildlife