IIB
106TH CONGRESS
2D SESSION
H. R. 701
IN THE SENATE OF THE UNITED STATES
MAY 11, 2000
Received; read twice and referred to the Committee on Energy and Natural
Resources
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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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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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) 30 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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to other States in accordance with subparagraphs (A) and
(B).
‘‘(3) The total allocation to an individual State for
a fiscal year under paragraph (2) shall not exceed 10 per-
cent of the total amount allocated to the several States
under paragraph (2) for that fiscal year.
‘‘(4) The Secretary shall notify each State of its ap-
portionment, and the amounts thereof shall be available
thereafter to the State for planning, acquisition, or devel-
opment projects as hereafter described. Any amount of
any apportionment under this subsection that has not
been paid or obligated by the Secretary during the fiscal
year in which such notification is given and the two fiscal
years thereafter shall be reapportioned by the Secretary
in accordance with paragraph (2), but without regard to
the 10 percent limitation to an individual State specified
in paragraph (3).
‘‘(5)(A) For the purposes of paragraph (2)(A)—
‘‘(i) the District of Columbia shall be treated as
a State; and
‘‘(ii) Puerto Rico, the Virgin Islands, Guam,
and American Samoa—
‘‘(I) shall be treated collectively as one
State; and
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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;
HR 701 RFS
(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).
HR 701 RFS
(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