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H.R. 701 (106th): Conservation and Reinvestment Act

The text of the bill below is as of Sep 14, 2000 (Reported by Senate Committee).


HR 701 RS

Calendar No. 804

106th CONGRESS

2d Session

H. R. 701

[Report No. 106-413]

IN THE SENATE OF THE UNITED STATES

May 11, 2000

Received; read twice and referred to the Committee on Energy and Natural Resources

September 14, 2000

Reported by Mr. MURKOWSKI, with an amendment

[Strike out all after the enacting clause and insert the part printed in italic]


AN ACT

To provide Outer Continental Shelf Impact Assistance to State and local governments, to amend the Land and Water Conservation Fund Act of 1965, the Urban Park and Recreation Recovery Act of 1978, and the Federal Aid in Wildlife Restoration Act (commonly referred to as the Pittman-Robertson Act) to establish a fund to meet the outdoor conservation and recreation needs of the American people, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

[Struck out->] SECTION 1. SHORT TITLE. [<-Struck out]

    [Struck out->] This Act may be cited as the ‘Conservation and Reinvestment Act of 2000’. [<-Struck out]

[Struck out->] SEC. 2. TABLE OF CONTENTS. [<-Struck out]

    [Struck out->] The table of contents for this Act is as follows: [<-Struck out]

      [Struck out->] Sec. 1. Short title. [<-Struck out]

      [Struck out->] Sec. 2. Table of contents. [<-Struck out]

      [Struck out->] Sec. 3. Definitions. [<-Struck out]

      [Struck out->] Sec. 4. Annual reports. [<-Struck out]

      [Struck out->] Sec. 5. Conservation and Reinvestment Act Fund. [<-Struck out]

      [Struck out->] Sec. 6. Limitation on use of available amounts for administration. [<-Struck out]

      [Struck out->] Sec. 7. Recordkeeping requirements. [<-Struck out]

      [Struck out->] Sec. 8. Maintenance of effort and matching funding. [<-Struck out]

      [Struck out->] Sec. 9. Sunset. [<-Struck out]

      [Struck out->] Sec. 10. Protection of private property rights. [<-Struck out]

      [Struck out->] Sec. 11. Signs. [<-Struck out]

[Struck out->] TITLE I--IMPACT ASSISTANCE AND COASTAL CONSERVATION [<-Struck out]

      [Struck out->] Sec. 101. Impact assistance formula and payments. [<-Struck out]

      [Struck out->] Sec. 102. Coastal State conservation and impact assistance plans. [<-Struck out]

[Struck out->] TITLE II--LAND AND WATER CONSERVATION FUND REVITALIZATION [<-Struck out]

      [Struck out->] Sec. 201. Amendment of Land and Water Conservation Fund Act of 1965. [<-Struck out]

      [Struck out->] Sec. 202. Extension of fund; treatment of amounts transferred from Conservation and Reinvestment Act Fund. [<-Struck out]

      [Struck out->] Sec. 203. Availability of amounts. [<-Struck out]

      [Struck out->] Sec. 204. Allocation of Fund. [<-Struck out]

      [Struck out->] Sec. 205. Use of Federal portion. [<-Struck out]

      [Struck out->] Sec. 206. Allocation of amounts available for State purposes. [<-Struck out]

      [Struck out->] Sec. 207. State planning. [<-Struck out]

      [Struck out->] Sec. 208. Assistance to States for other projects. [<-Struck out]

      [Struck out->] Sec. 209. Conversion of property to other use. [<-Struck out]

      [Struck out->] Sec. 210. Water rights. [<-Struck out]

      [Struck out->] Sec. 211. Requirements for acquisition of lands in Montana with Federal portion. [<-Struck out]

[Struck out->] TITLE III--WILDLIFE CONSERVATION AND RESTORATION [<-Struck out]

      [Struck out->] Sec. 301. Purposes. [<-Struck out]

      [Struck out->] Sec. 302. Definitions. [<-Struck out]

      [Struck out->] Sec. 303. Treatment of amounts transferred from Conservation and Reinvestment Act Fund. [<-Struck out]

      [Struck out->] Sec. 304. Apportionment of amounts transferred from Conservation and Reinvestment Act Fund. [<-Struck out]

      [Struck out->] Sec. 305. Education. [<-Struck out]

      [Struck out->] Sec. 306. Prohibition against diversion. [<-Struck out]

[Struck out->] TITLE IV--URBAN PARK AND RECREATION RECOVERY PROGRAM AMENDMENTS [<-Struck out]

      [Struck out->] Sec. 401. Amendment of Urban Park and Recreation Recovery Act of 1978. [<-Struck out]

      [Struck out->] Sec. 402. Purpose. [<-Struck out]

      [Struck out->] Sec. 403. Treatment of amounts transferred from Conservation and Reinvestment Act Fund. [<-Struck out]

      [Struck out->] Sec. 404. Authority to develop new areas and facilities. [<-Struck out]

      [Struck out->] Sec. 405. Definitions. [<-Struck out]

      [Struck out->] Sec. 406. Eligibility. [<-Struck out]

      [Struck out->] Sec. 407. Grants. [<-Struck out]

      [Struck out->] Sec. 408. Recovery action programs. [<-Struck out]

      [Struck out->] Sec. 409. State action incentives. [<-Struck out]

      [Struck out->] Sec. 410. Conversion of recreation property. [<-Struck out]

      [Struck out->] Sec. 411. Repeal. [<-Struck out]

[Struck out->] TITLE V--HISTORIC PRESERVATION FUND [<-Struck out]

      [Struck out->] Sec. 501. Treatment of amounts transferred from Conservation and Reinvestment Act Fund. [<-Struck out]

      [Struck out->] Sec. 502. State use of historic preservation assistance for national heritage areas and corridors. [<-Struck out]

[Struck out->] TITLE VI--FEDERAL AND INDIAN LANDS RESTORATION [<-Struck out]

      [Struck out->] Sec. 601. Purpose. [<-Struck out]

      [Struck out->] Sec. 602. Treatment of amounts transferred from Conservation and Reinvestment Act Fund; allocation. [<-Struck out]

      [Struck out->] Sec. 603. Authorized uses of transferred amounts. [<-Struck out]

      [Struck out->] Sec. 604. Indian tribe defined. [<-Struck out]

[Struck out->] TITLE VII--FARMLAND PROTECTION PROGRAM AND ENDANGERED AND THREATENED SPECIES RECOVERY [<-Struck out]

[Struck out->] Subtitle A--Farmland Protection Program [<-Struck out]

      [Struck out->] Sec. 701. Additional funding and additional authorities under farmland protection program. [<-Struck out]

      [Struck out->] Sec. 702. Funding. [<-Struck out]

[Struck out->] Subtitle B--Endangered and Threatened Species Recovery [<-Struck out]

      [Struck out->] Sec. 711. Purposes. [<-Struck out]

      [Struck out->] Sec. 712. Treatment of amounts transferred from Conservation and Reinvestment Act Fund. [<-Struck out]

      [Struck out->] Sec. 713. Endangered and threatened species recovery assistance. [<-Struck out]

      [Struck out->] Sec. 714. Endangered and Threatened Species Recovery Agreements. [<-Struck out]

      [Struck out->] Sec. 715. Definitions. [<-Struck out]

[Struck out->] TITLE VIII--PROTECTION OF SOCIAL SECURITY AND MEDICARE BENEFITS [<-Struck out]

      [Struck out->] Sec. 801. Protection of Social Security and Medicare benefits. [<-Struck out]

[Struck out->] SEC. 3. DEFINITIONS. [<-Struck out]

    [Struck out->] For purposes of this Act: [<-Struck out]

      [Struck out->] (1) The term ‘coastal population’ means the population of all political subdivisions, as determined by the most recent official data of the Census Bureau, contained in whole or in part within the designated coastal boundary of a State as defined in a State’s coastal zone management program under the Coastal Zone Management Act (16 U.S.C. 1451 et seq.). [<-Struck out]

      [Struck out->] (2) The term ‘coastal political subdivision’ means a political subdivision of a coastal State all or part of which political subdivision is within the coastal zone (as defined in section 304 of the Coastal Zone Management Act (16 U.S.C. 1453)). [<-Struck out]

      [Struck out->] (3) The term ‘coastal State’ has the same meaning as provided by section 304 of the Coastal Zone Management Act (16 U.S.C. 1453). [<-Struck out]

      [Struck out->] (4) The term ‘coastline’ has the same meaning that it has in the Submerged Lands Act (43 U.S.C. 1301 et seq.). [<-Struck out]

      [Struck out->] (5) The term ‘distance’ means minimum great circle distance, measured in statute miles. [<-Struck out]

      [Struck out->] (6) The term ‘fiscal year’ means the Federal Government’s accounting period which begins on October 1st and ends on September 30th, and is designated by the calendar year in which it ends. [<-Struck out]

      [Struck out->] (7) The term ‘Governor’ means the highest elected official of a State or of any other political entity 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 Recreation 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 Improvement and Reform Act of 1996 (Public Law 104-127; 16 U.S.C. 3830 note). [<-Struck out]

      [Struck out->] (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 Protraction Diagram. [<-Struck out]

      [Struck out->] (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 seabed appertain to the United States and are subject to its jurisdiction and control. [<-Struck out]

      [Struck out->] (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 Secretary may recognize an area under the jurisdiction of such other entities of general government as a political subdivision for purposes of this title. [<-Struck out]

      [Struck out->] (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 leasing moratorium on January 1, 1999 (unless the lease was issued prior to the establishment of the moratorium and was in production on January 1, 1999). [<-Struck out]

      [Struck out->] (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 geographic center of which lies within a distance of 200 miles from any part of the coastline of any coastal State, including bonus bids, rents, royalties (including payments for royalty taken in kind and sold), net profit share payments, and related late-payment interest from natural gas and oil leases issued pursuant 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 located in a geographic area subject to a leasing moratorium on January 1, 1999, unless the lease was issued prior to the establishment of the moratorium and was in production on January 1, 1999. [<-Struck out]

      [Struck out->] (13) The term ‘Secretary’ means the Secretary of the Interior or the Secretary’s designee, except as otherwise specifically provided. [<-Struck out]

      [Struck out->] (14) The term ‘Fund’ means the Conservation and Reinvestment Act Fund established under section 5. [<-Struck out]

[Struck out->] SEC. 4. ANNUAL REPORTS. [<-Struck out]

    [Struck out->] (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 receiving funds under this Act. In order to avoid duplication, such report may incorporate by reference any other reports required to be submitted under other provisions of law to the Secretary concerned by the Governor regarding any portion of such moneys. [<-Struck out]

    [Struck out->] (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 summarizing the contents of the Governors’ reports submitted to the Secretaries under subsection (a). [<-Struck out]

[Struck out->] SEC. 5. CONSERVATION AND REINVESTMENT ACT FUND. [<-Struck out]

    [Struck out->] (a) ESTABLISHMENT OF FUND- There is established in the Treasury of the United States a fund which shall be known as the ‘Conservation and Reinvestment Act Fund’. In each fiscal year after the fiscal year 2000, the Secretary of the Treasury shall deposit into the Fund the following amounts: [<-Struck out]

      [Struck out->] (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). [<-Struck out]

      [Struck out->] (2) AMOUNTS NOT DISBURSED- All allocated but undisbursed amounts returned to the Fund under section 101(a)(2). [<-Struck out]

      [Struck out->] (3) INTEREST- All interest earned under subsection (d) that is not made available under paragraph (2) or (4) of that subsection. [<-Struck out]

    [Struck out->] (b) TRANSFER FOR EXPENDITURE- In each fiscal year after the fiscal year 2001, the Secretary of the Treasury shall transfer amounts deposited into the Fund as follows: [<-Struck out]

      [Struck out->] (1) $1,000,000,000 to the Secretary of the Interior for purposes of making payments to coastal States under title I of this Act. [<-Struck out]

      [Struck out->] (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 necessary to make the income of the fund $900,000,000 in each such fiscal year. [<-Struck out]

      [Struck out->] (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). [<-Struck out]

      [Struck out->] (4) $125,000,000 to the Secretary of the Interior to carry out the Urban Park and Recreation Recovery Act of 1978 (16 U.S.C. 2501 et seq.). [<-Struck out]

      [Struck out->] (5) $100,000,000 to the Secretary of the Interior to carry out the National Historic Preservation Act (16 U.S.C. 470 et seq.). [<-Struck out]

      [Struck out->] (6) $200,000,000 to the Secretary of the Interior and the Secretary of Agriculture to carry out title VI of this Act. [<-Struck out]

      [Struck out->] (7) $100,000,000 to the Secretary of Agriculture to carry out the farmland protection program under section 388 of the Federal Agriculture Improvement and Reform Act of 1996 (Public Law 104-127; 16 U.S.C. 3830 note), the Urban and Community Forestry Assistance Program established 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 Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2103c). [<-Struck out]

      [Struck out->] (8) $50,000,000 to the Secretary of the Interior to develop and implement Endangered and Threatened Species Recovery Agreements under subtitle B of title VII of this Act. [<-Struck out]

    [Struck out->] (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 fiscal year shall each be reduced proportionately. [<-Struck out]

    [Struck out->] (d) INTEREST- [<-Struck out]

      [Struck out->] (1) IN GENERAL- The Secretary of the Treasury shall invest moneys in the Fund (including interest), 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 at rates determined by the Secretary of the Treasury, taking into consideration current market yields on outstanding marketable obligations of the United States of comparable maturity. Such invested moneys shall remain invested until needed to meet requirements for disbursement for the programs financed under this Act. [<-Struck out]

      [Struck out->] (2) USE OF INTEREST- Except as provided in paragraphs (3) and (4), interest earned on such moneys shall be available, without further appropriation, for obligation or expenditure under-- [<-Struck out]

        [Struck out->] (A) chapter 69 of title 31, United States Code (relating to payments in lieu of taxes); and [<-Struck out]

        [Struck out->] (B) section 401 of the Act of June 15, 1935 (49 Stat. 383; 16 U.S.C. 715s) (relating to refuge revenue sharing). [<-Struck out]

      [Struck out->] In each fiscal year such interest shall be allocated between the programs referred to in subparagraphs (A) and (B) in proportion to the amounts appropriated 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 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 program exceeds the authorized limit of that program, the amount available under this paragraph that contributes 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 available for obligation or expenditure for a fiscal year for purposes of subparagraph (A) if the annual appropriation for that fiscal year under other provisions of law for the program referred to in subparagraph (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 available for purposes of the program referred to in subparagraph (B), 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 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 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). [<-Struck out]

      [Struck out->] (3) CEILING ON EXPENDITURES OF INTEREST- Amounts made available under paragraph (2) in each fiscal year shall not exceed the lesser of the following: [<-Struck out]

        [Struck out->] (A) $200,000,000. [<-Struck out]

        [Struck out->] (B) The total amount authorized and appropriated for that fiscal year under other provisions of law for purposes of the programs referred to in subparagraphs (A) and (B) of paragraph (2). [<-Struck out]

      [Struck out->] (4) TITLE III INTEREST- All interest attributable 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 amendments made by such title III) shall be available, without further appropriation, for obligation or expenditure for purposes of the North American Wetlands Conservation Act of 1989 (16 U.S.C. 4401 et seq.). [<-Struck out]

    [Struck out->] (e) REFUNDS- In those instances where through judicial decision, administrative review, arbitration, or other means there are royalty refunds owed to entities generating 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. [<-Struck out]

    [Struck out->] (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 appropriations for the National Park Service. [<-Struck out]

    [Struck out->] (g) ENSURING SOCIAL SECURITY AND MEDICARE SOLVENCY- The Secretary of the Treasury shall not transfer funds to the Conservation and Reinvestment Act Fund under this Act during any fiscal year unless-- [<-Struck out]

      [Struck out->] (1) the Director of the Congressional Budget Office has certified that the House and Senate have approved legislation that-- [<-Struck out]

        [Struck out->] (A) ensures that a sufficient portion of the on-budget surplus is reserved for debt retirement to put the Government on a path to eliminate the publicly held debt by fiscal year 2013 under current economic and technical projections; and [<-Struck out]

        [Struck out->] (B) ensures that there is not an on-budget deficit for that fiscal year; [<-Struck out]

      [Struck out->] (2) the Board of Trustees of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund has certified that outlays from such trust funds are not anticipated to exceed the revenues to such trust funds during any of the next 5 fiscal years; and [<-Struck out]

      [Struck out->] (3) the Board of Trustees of the Federal Hospital Insurance Trust Fund has certified that the outlays from such trust fund are not anticipated to exceed the revenues to such trust fund during any of the next 5 fiscal years. [<-Struck out]

[Struck out->] SEC. 6. LIMITATION ON USE OF AVAILABLE AMOUNTS FOR ADMINISTRATION. [<-Struck out]

    [Struck out->] Notwithstanding any other provision of law, of amounts made available by this Act (including the amendments 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). [<-Struck out]

[Struck out->] SEC. 7. RECORDKEEPING REQUIREMENTS. [<-Struck out]

    [Struck out->] The Secretary of the Interior in consultation with the Secretary of Agriculture shall establish such rules regarding recordkeeping by State and local governments and the auditing of expenditures made by State and local governments from funds made available under this Act as may be necessary. Such rules shall be in addition to other requirements established regarding recordkeeping and the auditing of such expenditures under other authority of law. [<-Struck out]

[Struck out->] SEC. 8. MAINTENANCE OF EFFORT AND MATCHING FUNDING. [<-Struck out]

    [Struck out->] (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 during any fiscal year when its expenditures of non-Federal funds for recurrent expenditures for programs for which funding is provided under this Act will be less than its expenditures were for such programs during the preceding fiscal year. No State or local government shall receive funding under this Act with respect to a program unless the Secretary is satisfied that such a grant will be so used to supplement and, to the extent practicable, increase the level of State, local, or other non-Federal funds available for such program. [<-Struck out]

    [Struck out->] (b) EXCEPTION- The Secretary may provide funding under this Act to a State or local government not meeting the requirements of subsection (a) if the Secretary determines that a reduction in expenditures-- [<-Struck out]

      [Struck out->] (1) is attributable to a nonselective reduction in expenditures for the programs of all executive branch agencies of the State or local government; or [<-Struck out]

      [Struck out->] (2) is a result of reductions in State or local revenue as a result of a downturn in the economy. [<-Struck out]

    [Struck out->] (c) USE OF FUND TO MEET MATCHING REQUIREMENTS- All funds received by a State or local government under this Act shall be treated as Federal funds for purposes of compliance with any provision in effect under any other law requiring that non-Federal funds be used to provide a portion of the funding for any program or project. [<-Struck out]

[Struck out->] SEC. 9. SUNSET. [<-Struck out]

    [Struck out->] This Act, including the amendments made by this Act, shall have no force or effect after September 30, 2015. [<-Struck out]

[Struck out->] SEC. 10. PROTECTION OF PRIVATE PROPERTY RIGHTS. [<-Struck out]

    [Struck out->] (a) SAVINGS CLAUSE- Nothing in the Act shall authorize that private property be taken for public use, without just compensation as provided by the Fifth and Fourteenth amendments to the United States Constitution. [<-Struck out]

    [Struck out->] (b) REGULATION- Federal agencies, using funds appropriated 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. [<-Struck out]

[Struck out->] SEC. 11. SIGNS. [<-Struck out]

    [Struck out->] (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 assistance 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. [<-Struck out]

    [Struck out->] (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. [<-Struck out]

[Struck out->]

TITLE I--IMPACT ASSISTANCE AND COASTAL CONSERVATION

[<-Struck out]

[Struck out->] SEC. 101. IMPACT ASSISTANCE FORMULA AND PAYMENTS. [<-Struck out]

    [Struck out->] (a) IMPACT ASSISTANCE PAYMENTS TO STATES- [<-Struck out]

      [Struck out->] (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 allocated by the Secretary of the Interior among coastal States as provided in this section in each such fiscal year. In each such fiscal year, the Secretary of the Interior shall, without further appropriation, disburse 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 paid hereunder. No payment shall be made to any State until the State has agreed to provide such reports to the Secretary, in such form and containing such information, as may be reasonably necessary to enable the Secretary to perform his duties under this title, and provide such fiscal control and fund accounting procedures as may be necessary to assure proper disbursement and accounting for Federal revenues paid to the State under this title. [<-Struck out]

      [Struck out->] (2) FAILURE TO HAVE PLAN APPROVED- At the end of each fiscal year, the Secretary shall return 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. [<-Struck out]

    [Struck out->] (b) ALLOCATION AMONG COASTAL STATES- [<-Struck out]

      [Struck out->] (1) ALLOCABLE SHARE FOR EACH STATE- For each coastal State, the Secretary shall determine the State’s allocable share of the total amount of the revenues transferred from the Fund under section 5(b)(1) for each fiscal year using the following weighted formula: [<-Struck out]

        [Struck out->] (A) Fifty percent of such revenues shall be allocated among the coastal States as provided in paragraph (2). [<-Struck out]

        [Struck out->] (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. [<-Struck out]

        [Struck out->] (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. [<-Struck out]

      [Struck out->] (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 Continental 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 disbursed under paragraph (1)(A) shall be based on qualified Outer Continental Shelf revenues from each leased tract or portion of a leased tract the geographic 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 coastline 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 subject to a leasing moratorium on January 1, 1999, unless the lease was issued prior to the establishment of the moratorium and was in production on January 1, 1999. [<-Struck out]

      [Struck out->] (3) MINIMUM STATE SHARE- [<-Struck out]

        [Struck out->] (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 defined 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 Secretary of the Treasury to the Secretary of the Interior for purposes of this title for that fiscal year under subsection (a). For any other coastal State the allocable share of such revenues shall not be less than 0.25 percent of such revenues. [<-Struck out]

        [Struck out->] (B) RECOMPUTATION- Where one or more coastal States’ allocable shares, as computed under paragraphs (1) and (2), are increased 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. [<-Struck out]

    [Struck out->] (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 determined under subsection (b), to the coastal political subdivisions in such State. Such payments shall be allocated among such coastal political subdivisions of the State according to an allocation formula analogous to the allocation formula used in subsection (b) to allocate revenues among the coastal States, except that a coastal political subdivision in the State of California that has a coastal shoreline, that is not within 200 miles of the geographic center of a leased tract or portion of a leased tract, and in which there is located one or more oil refineries shall be eligible for that portion of the allocation described in subsection (b)(1)(A) and (b)(2) in the same manner as if that political subdivision were located within a distance of 50 miles from the geographic center of the closest leased tract with qualified Outer Continental Shelf revenues. [<-Struck out]

    [Struck out->] (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. [<-Struck out]

[Struck out->] SEC. 102. COASTAL STATE CONSERVATION AND IMPACT ASSISTANCE PLANS. [<-Struck out]

    [Struck out->] (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 Assistance Plan. In the case of a producing State, the Governor 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 Secretary by April 1 of the calendar year after the calendar year in which this Act is enacted. [<-Struck out]

    [Struck out->] (b) APPROVAL OR DISAPPROVAL- [<-Struck out]

      [Struck out->] (1) IN GENERAL- Approval of a Statewide plan under subsection (a) is required prior to disbursement 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: [<-Struck out]

        [Struck out->] (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. [<-Struck out]

        [Struck out->] (B) A program for the implementation of the plan which shall include (i) a description of how the plan will address environmental concerns, (ii) for producing States, a description of how funds will be used to address the impacts of oil and gas production from the Outer Continental Shelf, and (iii) a description of how the State will evaluate the effectiveness of the plan. [<-Struck out]

        [Struck out->] (C) Certification by the Governor that ample opportunity has been accorded for public participation in the development and revision of the plan. [<-Struck out]

        [Struck out->] (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. [<-Struck out]

      [Struck out->] (2) PROCEDURE AND TIMING; REVISIONS- The Secretary shall approve or disapprove each plan submitted 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 disapprove the plan by not later than 30 days before the beginning of that fiscal year. [<-Struck out]

      [Struck out->] (3) AMENDMENT OR REVISION- Any amendment 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 year in which the amendment or revision is approved by the Secretary. [<-Struck out]

    [Struck out->] (c) AUTHORIZED USES OF STATE GRANT FUNDING- 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: [<-Struck out]

      [Struck out->] (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 private entities for fishery and marine mammal surveys, activities related to marine mammal and fishery interactions, and other coastal living marine resources surveys. [<-Struck out]

      [Struck out->] (2) The conservation, restoration, enhancement, or creation of coastal habitats. [<-Struck out]

      [Struck out->] (3) Cooperative Federal or State enforcement of marine resources management statutes. [<-Struck out]

      [Struck out->] (4) Fishery observer coverage programs in State or Federal waters. [<-Struck out]

      [Struck out->] (5) Invasive, exotic, and nonindigenous species identification and control. [<-Struck out]

      [Struck out->] (6) Coordination and preparation of cooperative fishery conservation and management plans between States including the development and implementation of population surveys, assessments and monitoring plans, and the preparation and implementation of State fishery management plans developed by interstate marine fishery commissions. [<-Struck out]

      [Struck out->] (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 management agreements or both. [<-Struck out]

      [Struck out->] (8) Coastal and ocean observations necessary to develop and implement real time tide and current measurement systems. [<-Struck out]

      [Struck out->] (9) Implementation of federally approved marine, coastal, or comprehensive conservation and management plans. [<-Struck out]

      [Struck out->] (10) Mitigating marine and coastal impacts of Outer Continental Shelf activities including impacts on onshore infrastructure. [<-Struck out]

      [Struck out->] (11) Projects that promote research, education, training, and advisory services in fields related to ocean, coastal, and Great Lakes resources. [<-Struck out]

    [Struck out->] (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 section 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 determines that any expenditure made by a State or coastal political subdivision of a State from such funds is not consistent 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 expenditure have been repaid to the Conservation and Reinvestment Act Fund. [<-Struck out]

[Struck out->]

TITLE II--LAND AND WATER CONSERVATION FUND REVITALIZATION

[<-Struck out]

[Struck out->] SEC. 201. AMENDMENT OF LAND AND WATER CONSERVATION FUND ACT OF 1965. [<-Struck out]

    [Struck out->] 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 provision, the reference shall be considered to be made to a section or other provision of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-4 et seq.). [<-Struck out]

[Struck out->] SEC. 202. EXTENSION OF FUND; TREATMENT OF AMOUNTS TRANSFERRED FROM CONSERVATION AND REINVESTMENT ACT FUND. [<-Struck out]

    [Struck out->] Section 2(c) is amended to read as follows: [<-Struck out]

    [Struck out->]

    ‘(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 covered into the fund all amounts transferred to the fund under section 5(b)(2) of the Conservation and Reinvestment Act of 2000.’. [<-Struck out]

[Struck out->] SEC. 203. AVAILABILITY OF AMOUNTS. [<-Struck out]

    [Struck out->] Section 3 (16 U.S.C. 460l-6) is amended to read as follows: [<-Struck out]

[Struck out->]
‘APPROPRIATIONS [<-Struck out]

    [Struck out->]

    ‘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 subsections (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. [<-Struck out]

    [Struck out->]

    ‘(b) OBLIGATION AND EXPENDITURE OF AVAILABLE AMOUNTS- Amounts available for obligation or expenditure 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.’. [<-Struck out]

[Struck out->] SEC. 204. ALLOCATION OF FUND. [<-Struck out]

    [Struck out->] Section 5 (16 U.S.C. 460l-7) is amended to read as follows: [<-Struck out]

[Struck out->]
‘ALLOCATION OF FUNDS [<-Struck out]

    [Struck out->]

    ‘SEC. 5. Of the amounts made available for each fiscal year to carry out this Act-- [<-Struck out]

      [Struck out->]

      ‘(1) 50 percent shall be available for Federal purposes (in this Act referred to as the ‘Federal portion’); and [<-Struck out]

      [Struck out->]

      ‘(2) 50 percent shall be available for grants to States.’. [<-Struck out]

[Struck out->] SEC. 205. USE OF FEDERAL PORTION. [<-Struck out]

    [Struck out->] Section 7 (16 U.S.C. 460l-9) is amended by adding at the end the following: [<-Struck out]

    [Struck out->]

    ‘(d) USE OF FEDERAL PORTION- [<-Struck out]

      [Struck out->]

      ‘(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 Secretary 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 appropriations for the Department of the Interior or the Department of Agriculture, respectively. [<-Struck out]

      [Struck out->]

      ‘(2) WILLING SELLER REQUIREMENT- The Federal portion may not be used to acquire any property unless-- [<-Struck out]

        [Struck out->]

        ‘(A) the owner of the property concurs in the acquisition; or [<-Struck out]

        [Struck out->]

        ‘(B) acquisition of that property is specifically approved by an Act of Congress. [<-Struck out]

    [Struck out->]

    ‘(e) LIST OF PROPOSED FEDERAL ACQUISITIONS- [<-Struck out]

      [Struck out->]

      ‘(1) RESTRICTION ON USE- The Federal portion for a fiscal year may not be obligated or expended to acquire any interest in lands or water unless the lands or water were included in a list of acquisitions that is approved by the Congress. [<-Struck out]

      [Struck out->]

      ‘(2) TRANSMISSION OF LIST- (A) The Secretary of the Interior and the Secretary of Agriculture shall jointly transmit to the appropriate authorizing 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. [<-Struck out]

      [Struck out->]

      ‘(B) In preparing each list under subparagraph (A), the Secretary shall-- [<-Struck out]

        [Struck out->]

        ‘(i) seek to consolidate Federal landholdings in States with checkerboard Federal land ownership patterns; [<-Struck out]

        [Struck out->]

        ‘(ii) consider the use of equal value land exchanges, where feasible and suitable, as an alternative means of land acquisition; [<-Struck out]

        [Struck out->]

        ‘(iii) consider the use of permanent conservation easements, where feasible and suitable, as an alternative means of acquisition; [<-Struck out]

        [Struck out->]

        ‘(iv) identify those properties that are proposed to be acquired from willing sellers and specify any for which adverse condemnation is requested; and [<-Struck out]

        [Struck out->]

        ‘(v) establish priorities based on such factors as important or special resource attributes, threats to resource integrity, timely availability, owner hardship, cost escalation, public recreation use values, and similar considerations. [<-Struck out]

      [Struck out->]

      ‘(C) The Secretary of the Interior and the Secretary of Agriculture shall each-- [<-Struck out]

        [Struck out->]

        ‘(i) transmit, with the list transmitted under subparagraph (A), a separate list of those lands under the administrative jurisdiction of the Secretary that have been identified in applicable land management plans as surplus and eligible for disposal as provided for by law; and [<-Struck out]

        [Struck out->]

        ‘(ii) update each list to be transmitted under clause (i) as land management plans are amended or revised. [<-Struck out]

      [Struck out->]

      ‘(3) INFORMATION REGARDING PROPOSED ACQUISITIONS- Each list under paragraph (2)(A) shall include, for each proposed acquisition included in the list-- [<-Struck out]

        [Struck out->]

        ‘(A) citation of the statutory authority for the acquisition, if such authority exists; and [<-Struck out]

        [Struck out->]

        ‘(B) an explanation of why the particular interest proposed to be acquired was selected. [<-Struck out]

    [Struck out->]

    ‘(f) NOTIFICATION TO AFFECTED AREAS REQUIRED- The Federal portion for a fiscal year may not be used to acquire any interest in land unless the Secretary 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-- [<-Struck out]

      [Struck out->]

      ‘(1) in writing to each Member of and each Delegate and Resident Commissioner to the Congress elected to represent any area in which is located-- [<-Struck out]

        [Struck out->]

        ‘(A) the land; or [<-Struck out]

        [Struck out->]

        ‘(B) any part of any federally designated unit that includes the land; [<-Struck out]

      [Struck out->]

      ‘(2) in writing to the Governor of the State in which the land is located; [<-Struck out]

      [Struck out->]

      ‘(3) in writing to each State political subdivision having jurisdiction over the land; and [<-Struck out]

      [Struck out->]

      ‘(4) by publication of a notice in a newspaper that is widely distributed in the area under the jurisdiction of each such State political subdivision, that includes a clear statement that the Federal Government intends to acquire an interest in land. [<-Struck out]

    [Struck out->]

    ‘(g) COMPLIANCE WITH REQUIREMENTS UNDER FEDERAL LAWS- [<-Struck out]

      [Struck out->]

      ‘(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: [<-Struck out]

        [Struck out->]

        ‘(A) All actions required under Federal law with respect to the acquisition have been complied with. [<-Struck out]

        [Struck out->]

        ‘(B) A copy of each final environmental impact statement or environmental assessment required by law, and a summary of all public comments regarding the acquisition that have been received by the agency making the acquisition, are submitted to the Committee on Resources of the House of Representatives, the Committee on Energy and Natural Resources of the Senate, and the Committees on Appropriations of the House of Representatives and of the Senate. [<-Struck out]

        [Struck out->]

        ‘(C) A notice of the availability of such statement or assessment and of such summary is provided to-- [<-Struck out]

          [Struck out->]

          ‘(i) each Member of and each Delegate and Resident Commissioner to the Congress elected to represent the area in which the land is located; [<-Struck out]

          [Struck out->]

          ‘(ii) the Governor of the State in which the land is located; and [<-Struck out]

          [Struck out->]

          ‘(iii) each State political subdivision having jurisdiction over the land. [<-Struck out]

      [Struck out->]

      ‘(2) LIMITATION ON APPLICATION- Paragraph (1) shall not apply to any acquisition that is specifically authorized by a Federal law.’. [<-Struck out]

[Struck out->] SEC. 206. ALLOCATION OF AMOUNTS AVAILABLE FOR STATE PURPOSES. [<-Struck out]

    [Struck out->] (a) IN GENERAL- Section 6(b) (16 U.S.C. 460l-8(b)) is amended to read as follows: [<-Struck out]

    [Struck out->]

    ‘(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 Secretary, in accordance with this subsection. The determination of the apportionment by the Secretary shall be final. [<-Struck out]

    [Struck out->]

    ‘(2) Subject to paragraph (3), of sums in the fund available each fiscal year for State purposes-- [<-Struck out]

        [Struck out->]

        ‘(A) 30 percent shall be apportioned equally among the several States; and [<-Struck out]

        [Struck out->]

        ‘(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 subparagraph for the fiscal year is equal to the ratio that the population of the State bears to the total population of all States. [<-Struck out]

    [Struck out->] 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 unfunded State under this paragraph shall be reapportioned to other States in accordance with subparagraphs (A) and (B). [<-Struck out]

    [Struck out->]

    ‘(3) The total allocation to an individual State for a fiscal year under paragraph (2) shall not exceed 10 percent of the total amount allocated to the several States under paragraph (2) for that fiscal year. [<-Struck out]

    [Struck out->]

    ‘(4) The Secretary shall notify each State of its apportionment, and the amounts thereof shall be available thereafter to the State for planning, acquisition, or development 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). [<-Struck out]

    [Struck out->]

    ‘(5)(A) For the purposes of paragraph (2)(A)-- [<-Struck out]

      [Struck out->]

      ‘(i) the District of Columbia shall be treated as a State; and [<-Struck out]

      [Struck out->]

      ‘(ii) Puerto Rico, the Virgin Islands, Guam, and American Samoa-- [<-Struck out]

        [Struck out->]

        ‘(I) shall be treated collectively as one State; and [<-Struck out]

        [Struck out->]

        ‘(II) shall each be allocated an equal share of any amount distributed to them pursuant to clause (i). [<-Struck out]

    [Struck out->]

    ‘(B) Each of the areas referred to in subparagraph (A) shall be treated as a State for all other purposes of this Act.’. [<-Struck out]

    [Struck out->] (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 subparagraph: [<-Struck out]

    [Struck out->]

    ‘(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 established 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 Alaska, Native Corporation shall receive a grant that constitutes more than 10 percent of the total amount made available to all tribes and Alaska Native Corporations pursuant to the apportionment under paragraph (1). Funds received by a tribe, or in the case of Alaska, Native Corporation under this subparagraph may be expended only for the purposes specified in clauses (1) and (3) of subsection (a).’. [<-Struck out]

    [Struck out->] (c) LOCAL ALLOCATION- Section 6(b) (16 U.S.C. 460l-8(b)) is amended by adding at the end the following: [<-Struck out]

    [Struck out->]

    ‘(6) Absent some compelling and annually documented reason to the contrary acceptable to the Secretary of the Interior, each State (other than an area treated as a State under paragraph (5)) shall make available as grants to local governments, at least 50 percent of the annual State apportionment, or an equivalent amount made available from other sources.’. [<-Struck out]

    [Struck out->] (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: [<-Struck out]

    [Struck out->]

    ‘(7)(A) Any amounts available in addition to those amounts made available under section 5 of the Conservation 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. [<-Struck out]

    [Struck out->]

    ‘(B) The Secretary shall award grants only to projects that would conserve open space and either conserve 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 nationally and would maintain or enhance recreational opportunities.’. [<-Struck out]

[Struck out->] SEC. 207. STATE PLANNING. [<-Struck out]

    [Struck out->] (a) STATE ACTION AGENDA REQUIRED- [<-Struck out]

      [Struck out->] (1) IN GENERAL- Section 6(d) (16 U.S.C. 460l-8(d)) is amended to read as follows: [<-Struck out]

    [Struck out->]

    ‘(d) STATE ACTION AGENDA REQUIRED- (1) Each State may define its own priorities and criteria for selection 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’) indicating 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 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 following requirements: [<-Struck out]

      [Struck out->]

      ‘(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. [<-Struck out]

      [Struck out->]

      ‘(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 actions have been considered in an active public involvement process. [<-Struck out]

    [Struck out->]

    ‘(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 redundancy of local efforts by allowing, wherever possible, use of the findings, priorities, and implementation schedules of recovery action programs to meet such requirements.’. [<-Struck out]

      [Struck out->] (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 enactment of this Act shall remain in effect in that State until a State Action Agenda has been adopted pursuant to the amendment made by this subsection, but no later than 5 years after the enactment of this Act. [<-Struck out]

    [Struck out->] (b) MISCELLANEOUS- Section 6(e) (16 U.S.C. 460l-8(e)) is amended as follows: [<-Struck out]

      [Struck out->] (1) In the matter preceding paragraph (1) by striking ‘State comprehensive plan’ and inserting ‘State Action Agenda’. [<-Struck out]

      [Struck out->] (2) In paragraph (1) by striking ‘comprehensive plan’ and inserting ‘State Action Agenda’. [<-Struck out]

[Struck out->] SEC. 208. ASSISTANCE TO STATES FOR OTHER PROJECTS. [<-Struck out]

    [Struck out->] Section 6(e) (16 U.S.C. 460l-8(e)) is amended-- [<-Struck out]

      [Struck out->] (1) in subsection (e)(1) by striking ‘, but not including incidental costs relating to acquisition’; and [<-Struck out]

      [Struck out->] (2) in subsection (e)(2) by inserting before the period at the end the following: ‘or to enhance public safety within a designated park or recreation area’. [<-Struck out]

[Struck out->] SEC. 209. CONVERSION OF PROPERTY TO OTHER USE. [<-Struck out]

    [Struck out->] Section 6(f)(3) (16 U.S.C. 460l-8(f)(3)) is amended-- [<-Struck out]

      [Struck out->] (1) by inserting ‘(A)’ before ‘No property’; and [<-Struck out]

      [Struck out->] (2) by striking the second sentence and inserting the following: [<-Struck out]

    [Struck out->]

    ‘(B) The Secretary shall approve such conversion only if the State demonstrates no prudent or feasible alternative exists with the exception of those properties that no longer meet the criteria within the State Plan or Agenda as an outdoor conservation and recreation facility due to changes in demographics or that must be abandoned because of environmental contamination which endangers public health and safety. Any conversion must satisfy such conditions as the Secretary deems necessary to assure the substitution of other conservation and recreation properties of at least equal fair market value and reasonably equivalent usefulness and location and which are consistent with the existing State Plan or Agenda; except that wetland areas and interests therein as identified in the 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 usefulness with the property proposed for conversion.’. [<-Struck out]

[Struck out->] SEC. 210. WATER RIGHTS. [<-Struck out]

    [Struck out->] Title I is amended by adding at the end the following: [<-Struck out]

[Struck out->]
‘WATER RIGHTS [<-Struck out]

    [Struck out->]

    ‘SEC. 14. Nothing in this title-- [<-Struck out]

      [Struck out->]

      ‘(1) invalidates or preempts State or Federal water law or an interstate compact governing water; [<-Struck out]

      [Struck out->]

      ‘(2) alters the rights of any State to any appropriated share of the waters of any body of surface or ground water, whether determined by past or future interstate compacts or by past or future legislative or final judicial allocations; [<-Struck out]

      [Struck out->]

      ‘(3) preempts or modifies any Federal or State law, or interstate compact, dealing with water quality or disposal; or [<-Struck out]

      [Struck out->]

      ‘(4) confers on any non-Federal entity the ability to exercise any Federal right to the waters of any stream or to any ground water resource.’. [<-Struck out]

[Struck out->] SEC. 211. REQUIREMENTS FOR ACQUISITION OF LANDS IN MONTANA WITH FEDERAL PORTION. [<-Struck out]

    [Struck out->] Section 7 (16 U.S.C. 460l-9) is further amended by adding at the end the following: [<-Struck out]

    [Struck out->]

    ‘(h) REQUIREMENTS FOR ACQUISITION OF LANDS IN MONTANA- The Secretary of the Interior and the Secretary of Agriculture shall jointly develop and issue a plan for acquisition and disposal of lands in the State of Montana that will result in consolidation of private lands and Federal public lands. The plan shall be designed to ensure that-- [<-Struck out]

      [Struck out->]

      ‘(1) acquisitions of lands with the Federal portion consolidate Federal ownership of lands in Montana under the administrative jurisdiction of the Department of the Interior and the Department of Agriculture; and [<-Struck out]

      [Struck out->]

      ‘(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.’. [<-Struck out]

[Struck out->]

TITLE III--WILDLIFE CONSERVATION AND RESTORATION

[<-Struck out]

[Struck out->] SEC. 301. PURPOSES. [<-Struck out]

    [Struck out->] The purposes of this title are-- [<-Struck out]

      [Struck out->] (1) to extend financial and technical assistance to the States under the Federal Aid to Wildlife Restoration Act for the benefit of a diverse array of wildlife and associated habitats, including species that are not hunted or fished, to fulfill unmet needs of wildlife within the States in recognition of the primary role of the States to conserve all wildlife; [<-Struck out]

      [Struck out->] (2) to assure sound conservation policies through the development, revision, and implementation of a comprehensive wildlife conservation and restoration plan; [<-Struck out]

      [Struck out->] (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 Native Corporations, and outdoor recreation and conservation interests through cooperative planning and implementation of this title; and [<-Struck out]

      [Struck out->] (4) to encourage State fish and wildlife agencies to provide for public involvement in the process of development and implementation of a wildlife conservation and restoration program. [<-Struck out]

[Struck out->] SEC. 302. DEFINITIONS. [<-Struck out]

    [Struck out->] (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. [<-Struck out]

    [Struck out->] (b) WILDLIFE CONSERVATION AND RESTORATION PROGRAM- Section 2 of the Federal Aid in Wildlife Restoration 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 restoration program and’. [<-Struck out]

    [Struck out->] (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’. [<-Struck out]

    [Struck out->] (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 semicolon, and adding the following: ‘the term ‘conservation’ shall be construed to mean the use of methods and procedures necessary or desirable to sustain healthy populations of wildlife including all activities associated with scientific resources management such as research, census, monitoring of populations, acquisition, improvement and management of habitat, live trapping and transplantation, wildlife damage management, and periodic or total protection of a species or population as well as the taking of 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 approved by the Secretary under section 4(d), the projects that constitute such a program, which may be implemented in whole or part through grants and contracts by a State to other State, Federal, or local agencies (including those that gather, evaluate, and disseminate information 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 observation 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 responsible natural resource stewardship.’. [<-Struck out]

[Struck out->] SEC. 303. TREATMENT OF AMOUNTS TRANSFERRED FROM CONSERVATION AND REINVESTMENT ACT FUND. [<-Struck out]

    [Struck out->] Section 3 of the Federal Aid in Wildlife Restoration Act (16 U.S.C. 669b) is amended-- [<-Struck out]

      [Struck out->] (1) in subsection (a) by inserting ‘(1)’ after ‘(a)’, and by adding at the end the following: [<-Struck out]

    [Struck out->]

    ‘(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 transferred 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 without further appropriation, in each fiscal year, for apportionment in accordance with this Act to carry out State wildlife conservation and restoration programs.’; and [<-Struck out]

      [Struck out->] (2) by adding at the end the following: [<-Struck out]

    [Struck out->]

    ‘(c) Amounts transferred to the fund from the Conservation 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 implementation of wildlife conservation and restoration programs and should be used to address the unmet needs for a diverse array of wildlife and associated habitats, including species that are not hunted or fished, for wildlife conservation, wildlife conservation education, and wildlife-associated recreation projects. Such funds may be used for new programs and projects as well as to enhance existing programs and projects. [<-Struck out]

    [Struck out->]

    ‘(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-- [<-Struck out]

      [Struck out->]

      ‘(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 enactment of the Conservation and Reinvestment Act of 2000; or [<-Struck out]

      [Struck out->]

      ‘(B) the second succeeding fiscal year, in the case of amounts transferred in a fiscal year beginning after the 10-fiscal year period referred to in subparagraph (A). [<-Struck out]

    [Struck out->]

    ‘(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 (1) shall be reapportioned to all States during the succeeding fiscal year.’. [<-Struck out]

[Struck out->] SEC. 304. APPORTIONMENT OF AMOUNTS TRANSFERRED FROM CONSERVATION AND REINVESTMENT ACT FUND. [<-Struck out]

    [Struck out->] (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: [<-Struck out]

    [Struck out->]

    ‘(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: [<-Struck out]

      [Struck out->]

      ‘(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. [<-Struck out]

      [Struck out->]

      ‘(B) To Guam, American Samoa, the Virgin Islands, and the Commonwealth of the Northern Mariana Islands, each a sum equal to not more than one-sixth of 1 percent thereof. [<-Struck out]

    [Struck out->]

    ‘(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 fiscal year among the States in the following manner: [<-Struck out]

      [Struck out->]

      ‘(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. [<-Struck out]

      [Struck out->]

      ‘(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. [<-Struck out]

    [Struck out->]

    ‘(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. [<-Struck out]

    [Struck out->]

    ‘(3) Amounts transferred to the fund from the Conservation and Reinvestment Act Fund shall not be available for any expenses incurred in the administration and execution of programs carried out with such amounts. [<-Struck out]

    [Struck out->]

    ‘(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 program, or for funds to develop a program. To apply, a State shall submit a comprehensive plan that includes-- [<-Struck out]

      [Struck out->]

      ‘(A) provisions vesting in the fish and wildlife department of the State overall responsibility and accountability for the program; [<-Struck out]

      [Struck out->]

      ‘(B) provisions for the development and implementation of-- [<-Struck out]

        [Struck out->]

        ‘(i) wildlife conservation projects that expand and support existing wildlife programs, giving appropriate consideration to all wildlife; [<-Struck out]

        [Struck out->]

        ‘(ii) wildlife-associated recreation projects; and [<-Struck out]

        [Struck out->]

        ‘(iii) wildlife conservation education projects pursuant to programs under section 8(a); and [<-Struck out]

      [Struck out->]

      ‘(C) provisions to ensure public participation in the development, revision, and implementation of projects and programs required under this paragraph. [<-Struck out]

    [Struck out->]

    ‘(2) A State shall provide an opportunity for public participation in the development of the comprehensive plan required under paragraph (1). [<-Struck out]

    [Struck out->]

    ‘(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 estimated cost of developing and implementing the program. [<-Struck out]

    [Struck out->]

    ‘(4)(A) Except as provided in subparagraph (B), after the Secretary approves a State’s wildlife conservation and restoration program, the Secretary may make payments on a project that is a segment of the State’s wildlife conservation and restoration program as the project progresses. 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 program. [<-Struck out]

    [Struck out->]

    ‘(B) Not more than 10 percent of the amounts apportioned to each State under this section for a State’s wildlife conservation and restoration program may be used for wildlife-associated recreation. [<-Struck out]

    [Struck out->]

    ‘(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.’. [<-Struck out]

    [Struck out->] (b) FACA- Coordination with State fish and wildlife agency personnel or with personnel of other State agencies pursuant to the Federal Aid in Wildlife Restoration Act or the Federal Aid in Sport Fish Restoration Act shall not be subject to the Federal Advisory Committee Act (5 U.S.C. App.). Except for the preceding sentence, the provisions 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 provisions of the Federal Aid in Sport Fish Restoration Act relating to fish restoration and management projects. [<-Struck out]

[Struck out->] SEC. 305. EDUCATION. [<-Struck out]

    [Struck out->] Section 8(a) of the Federal Aid in Wildlife Restoration 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 conservation education program, except that no such funds may be used for education efforts, projects, or programs that promote or encourage opposition to the regulated taking of wildlife.’. [<-Struck out]

[Struck out->] SEC. 306. PROHIBITION AGAINST DIVERSION. [<-Struck out]

    [Struck out->] No designated State agency shall be eligible to receive matching funds under this title if sources of revenue available to it after January 1, 1999, for conservation of wildlife are diverted for any purpose other than the administration of the designated State agency, it being the intention 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. [<-Struck out]

[Struck out->]

TITLE IV--URBAN PARK AND RECREATION RECOVERY PROGRAM AMENDMENTS

[<-Struck out]

[Struck out->] SEC. 401. AMENDMENT OF URBAN PARK AND RECREATION RECOVERY ACT OF 1978. [<-Struck out]

    [Struck out->] 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 provision, the reference shall be considered to be made to a section or other provision of the Urban Park and Recreation Recovery Act of 1978 (16 U.S.C. 2501 et seq.). [<-Struck out]

[Struck out->] SEC. 402. PURPOSE. [<-Struck out]

    [Struck out->] The purpose of this title is to provide a dedicated source of funding to assist local governments in improving their park and recreation systems. [<-Struck out]

[Struck out->] SEC. 403. TREATMENT OF AMOUNTS TRANSFERRED FROM CONSERVATION AND REINVESTMENT ACT FUND. [<-Struck out]

    [Struck out->] Section 1013 (16 U.S.C. 2512) is amended to read as follows: [<-Struck out]

[Struck out->]
‘TREATMENT OF AMOUNTS TRANSFERRED FROM CONSERVATION AND REINVESTMENT ACT FUND [<-Struck out]

    [Struck out->]

    ‘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 reapportioned by the Secretary among grantees under this title. [<-Struck out]

    [Struck out->]

    ‘(b) LIMITATIONS ON ANNUAL GRANTS- Of the amounts available in a fiscal year under subsection (a)-- [<-Struck out]

      [Struck out->]

      ‘(1) not more that 3 percent may be used for grants for the development of local park and recreation recovery action programs pursuant to sections 1007(a) and 1007(c); [<-Struck out]

      [Struck out->]

      ‘(2) not more than 10 percent may be used for innovation grants pursuant to section 1006; and [<-Struck out]

      [Struck out->]

      ‘(3) not more than 15 percent may be provided as grants (in the aggregate) for projects in any one State. [<-Struck out]

    [Struck out->]

    ‘(c) LIMITATION ON USE FOR GRANT ADMINISTRATION- The Secretary shall establish a limit on the portion of any grant under this title that may be used for grant and program administration.’. [<-Struck out]

[Struck out->] SEC. 404. AUTHORITY TO DEVELOP NEW AREAS AND FACILITIES. [<-Struck out]

    [Struck out->] Section 1003 (16 U.S.C. 2502) is amended by inserting ‘development of new recreation areas and facilities, including the acquisition of lands for such development,’ after ‘rehabilitation of critically needed recreation areas, facilities,’. [<-Struck out]

[Struck out->] SEC. 405. DEFINITIONS. [<-Struck out]

    [Struck out->] Section 1004 (16 U.S.C. 2503) is amended as follows: [<-Struck out]

      [Struck out->] (1) In paragraph (j) by striking ‘and’ after the semicolon. [<-Struck out]

      [Struck out->] (2) In paragraph (k) by striking the period at the end and inserting a semicolon. [<-Struck out]

      [Struck out->] (3) By adding at the end the following: [<-Struck out]

      [Struck out->]

      ‘(l) ‘development grants’-- [<-Struck out]

        [Struck out->]

        ‘(1) subject to subparagraph (2) means matching capital grants to units of local government to cover costs of development, land acquisition, and construction on existing or new neighborhood recreation sites, including indoor and outdoor recreational areas and facilities, support facilities, and landscaping; and [<-Struck out]

        [Struck out->]

        ‘(2) does not include routine maintenance, and upkeep activities; and [<-Struck out]

      [Struck out->]

      ‘(m) ‘Secretary’ means the Secretary of the Interior.’. [<-Struck out]

[Struck out->] SEC. 406. ELIGIBILITY. [<-Struck out]

    [Struck out->] Section 1005(a) (16 U.S.C. 2504(a)) is amended to read as follows: [<-Struck out]

    [Struck out->]

    ‘(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, eligible general purpose local governments shall include the following: [<-Struck out]

      [Struck out->]

      ‘(1) All political subdivisions of Metropolitan, Primary, or Consolidated Statistical Areas, as determined by the most recent Census. [<-Struck out]

      [Struck out->]

      ‘(2) Any other city, town, or group of cities or towns (or both) within such a Metropolitan Statistical Area, that has a total population of 50,000 or more as determined by the most recent Census. [<-Struck out]

      [Struck out->]

      ‘(3) Any other county, parish, or township with a total population of 250,000 or more as determined by the most recent Census.’. [<-Struck out]

[Struck out->] SEC. 407. GRANTS. [<-Struck out]

    [Struck out->] Section 1006 (16 U.S.C. 2505) is amended-- [<-Struck out]

      [Struck out->] (1) in subsection (a) by redesignating paragraph (3) as paragraph (4); and [<-Struck out]

      [Struck out->] (2) by striking so much as precedes subsection (a)(4) (as so redesignated) and inserting the following: [<-Struck out]

[Struck out->]
‘GRANTS [<-Struck out]

    [Struck out->]

    ‘SEC. 1006. (a)(1) The Secretary may provide 70 percent matching grants for rehabilitation, development, acquisition, and innovation purposes to any eligible general purpose local government upon approval by the Secretary of an application submitted by the chief executive of such government. [<-Struck out]

    [Struck out->]

    ‘(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-- [<-Struck out]

      [Struck out->]

      ‘(A) such transfer is consistent with the approved application for the grant; and [<-Struck out]

      [Struck out->]

      ‘(B) the applicant provides assurance to the Secretary that the applicant will maintain public recreation opportunities at assisted areas and facilities in accordance with section 1010. [<-Struck out]

    [Struck out->]

    ‘(3) Payments may be made only for those rehabilitation, development, or innovation projects that have been approved by the Secretary. Such payments may be made from time to time in keeping with the rate of progress toward completion of a project, on a reimbursable basis.’. [<-Struck out]

[Struck out->] SEC. 408. RECOVERY ACTION PROGRAMS. [<-Struck out]

    [Struck out->] Section 1007(a) (16 U.S.C. 2506(a)) is amended-- [<-Struck out]

      [Struck out->] (1) in subsection (a) in the first sentence by inserting ‘development,’ after ‘commitments to ongoing planning,’; and [<-Struck out]

      [Struck out->] (2) in subsection (a)(2) by inserting ‘development and’ after ‘adequate planning for’. [<-Struck out]

[Struck out->] SEC. 409. STATE ACTION INCENTIVES. [<-Struck out]

    [Struck out->] Section 1008 (16 U.S.C. 2507) is amended-- [<-Struck out]

      [Struck out->] (1) by inserting ‘(a) IN GENERAL- ’ before the first sentence; and [<-Struck out]

      [Struck out->] (2) by striking the last sentence of subsection (a) (as designated by paragraph (1) of this section) and inserting the following: [<-Struck out]

    [Struck out->]

    ‘(b) COORDINATION WITH LAND AND WATER CONSERVATION FUND ACTIVITIES- (1) The Secretary and general purpose local governments are encouraged to coordinate 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 Water Conservation Fund grants or State grants for similar purposes or for other conservation or recreation purposes. [<-Struck out]

    [Struck out->]

    ‘(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 requirements of subsection 6(d) of the Land and Water Conservation Fund Act of 1965.’. [<-Struck out]

[Struck out->] SEC. 410. CONVERSION OF RECREATION PROPERTY. [<-Struck out]

    [Struck out->] Section 1010 (16 U.S.C. 2509) is amended to read as follows: [<-Struck out]

[Struck out->]
‘CONVERSION OF RECREATION PROPERTY [<-Struck out]

    [Struck out->]

    ‘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. [<-Struck out]

    [Struck out->]

    ‘(2) Paragraph (1) shall apply to-- [<-Struck out]

      [Struck out->]

      ‘(A) property developed with amounts provided under this title; and [<-Struck out]

      [Struck out->]

      ‘(B) the park, recreation, or conservation area of which the property is a part. [<-Struck out]

    [Struck out->]

    ‘(b)(1) The Secretary shall approve such conversion only if the grantee demonstrates no prudent or feasible alternative exists. [<-Struck out]

    [Struck out->]

    ‘(2) Paragraph (1) shall apply to property that is no longer a viable recreation facility due to changes in demographics or that must be abandoned because of environmental contamination which endangers public health or safety. [<-Struck out]

    [Struck out->]

    ‘(c) Any conversion must satisfy any conditions the Secretary considers necessary to assure substitution of other recreation property that is-- [<-Struck out]

      [Struck out->]

      ‘(1) of at least equal fair market value, and reasonably equivalent usefulness and location; and [<-Struck out]

      [Struck out->]

      ‘(2) in accord with the current recreation recovery action program of the grantee.’. [<-Struck out]

[Struck out->] SEC. 411. REPEAL. [<-Struck out]

    [Struck out->] Section 1015 (16 U.S.C. 2514) is repealed. [<-Struck out]

[Struck out->]

TITLE V--HISTORIC PRESERVATION FUND

[<-Struck out]

[Struck out->] SEC. 501. TREATMENT OF AMOUNTS TRANSFERRED FROM CONSERVATION AND REINVESTMENT ACT FUND. [<-Struck out]

    [Struck out->] Section 108 of the National Historic Preservation Act (16 U.S.C. 470h) is amended-- [<-Struck out]

      [Struck out->] (1) by inserting ‘(a)’ before the first sentence; [<-Struck out]

      [Struck out->] (2) in subsection (a) (as designated by paragraph (1) of this section) by striking all after the first sentence; and [<-Struck out]

      [Struck out->] (3) by adding at the end the following: [<-Struck out]

    [Struck out->]

    ‘(b) Amounts transferred to the Secretary under section 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. [<-Struck out]

    [Struck out->]

    ‘(c) At least one-half of the funds obligated or expended each fiscal year under this Act shall be used in accordance with this Act for preservation projects on historic properties. In making such funds available, the Secretary shall give priority to the preservation of endangered historic properties.’. [<-Struck out]

[Struck out->] SEC. 502. STATE USE OF HISTORIC PRESERVATION ASSISTANCE FOR NATIONAL HERITAGE AREAS AND CORRIDORS. [<-Struck out]

    [Struck out->] Title I of the National Historic Preservation Act (16 U.S.C. 470a et seq.) is amended by adding at the end the following: [<-Struck out]

[Struck out->]
‘SEC. 114. STATE USE OF ASSISTANCE FOR NATIONAL HERITAGE AREAS AND CORRIDORS. [<-Struck out]

    [Struck out->]

    ‘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 management entity for any national heritage area or national heritage corridor established under the laws of the United States, to support cooperative historic preservation planning and development.’. [<-Struck out]

[Struck out->]

TITLE VI--FEDERAL AND INDIAN LANDS RESTORATION

[<-Struck out]

[Struck out->] SEC. 601. PURPOSE. [<-Struck out]

    [Struck out->] 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 resources that are threatened with degradation, and protect public health and safety. [<-Struck out]

[Struck out->] SEC. 602. TREATMENT OF AMOUNTS TRANSFERRED FROM CONSERVATION AND REINVESTMENT ACT FUND; ALLOCATION. [<-Struck out]

    [Struck out->] (a) IN GENERAL- Amounts transferred to the Secretary 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. [<-Struck out]

    [Struck out->] (b) ALLOCATION- Amounts referred to in subsection (a) year shall be allocated and available as follows: [<-Struck out]

      [Struck out->] (1) DEPARTMENT OF THE INTERIOR- Sixty percent shall be allocated and available to the Secretary 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, and public lands administered by the Bureau of Land Management. [<-Struck out]

      [Struck out->] (2) DEPARTMENT OF AGRICULTURE- Thirty percent shall be allocated and available to the Secretary of Agriculture to carry out the purpose of this title on lands within the National Forest System. [<-Struck out]

      [Struck out->] (3) INDIAN TRIBES- Ten percent shall be allocated and available to the Secretary of the Interior for competitive grants to qualified Indian tribes under section 603(b). [<-Struck out]

[Struck out->] SEC. 603. AUTHORIZED USES OF TRANSFERRED AMOUNTS. [<-Struck out]

    [Struck out->] (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. [<-Struck out]

    [Struck out->] (b) COMPETITIVE GRANTS TO INDIAN TRIBES- [<-Struck out]

      [Struck out->] (1) GRANT AUTHORITY- The Secretary of the Interior shall administer a competitive grant program 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. [<-Struck out]

      [Struck out->] (2) LIMITATION- The amount received for a fiscal year by a single Indian tribe in the form of grants under this subsection may not exceed 10 percent of the total amount available for that fiscal year for grants under this subsection. [<-Struck out]

    [Struck out->] (c) PRIORITY LIST- The Secretary of the Interior and the Secretary of Agriculture shall each establish priority lists for the use of funds available under this title. Each list shall give 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. [<-Struck out]

    [Struck out->] (d) COMPLIANCE WITH APPLICABLE PLANS- Any project carried out on Federal lands with amounts provided under this title shall be carried out in accordance with all management plans that apply under Federal law to the lands. [<-Struck out]

    [Struck out->] (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 program for-- [<-Struck out]

      [Struck out->] (1) tracking the progress of activities carried out with amounts made available by this title; and [<-Struck out]

      [Struck out->] (2) determining the extent to which demonstrable results are being achieved by those activities. [<-Struck out]

[Struck out->] SEC. 604. INDIAN TRIBE DEFINED. [<-Struck out]

    [Struck out->] 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 Recognized Indian Tribe List Act of 1994 (25 U.S.C. 479a-1). [<-Struck out]

[Struck out->]

TITLE VII--FARMLAND PROTECTION PROGRAM AND ENDANGERED AND THREATENED SPECIES RECOVERY

[<-Struck out]

[Struck out->]

Subtitle A--Farmland Protection Program

[<-Struck out]

[Struck out->] SEC. 701. ADDITIONAL FUNDING AND ADDITIONAL AUTHORITIES UNDER FARMLAND PROTECTION PROGRAM. [<-Struck out]

    [Struck out->] 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: [<-Struck out]

[Struck out->]
‘SEC. 388. FARMLAND PROTECTION PROGRAM. [<-Struck out]

    [Struck out->]

    ‘(a) ESTABLISHMENT AND PURPOSE- The Secretary 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 to eligible entities described in subsection (d) to facilitate their purchase of-- [<-Struck out]

      [Struck out->]

      ‘(1) permanent conservation easements in such lands; or [<-Struck out]

      [Struck out->]

      ‘(2) conservation easements or other interests in such lands when the lands are subject to a pending offer from a State or local government. [<-Struck out]

    [Struck out->]

    ‘(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 Agriculture, the conversion of the cropland to less intensive uses. [<-Struck out]

    [Struck out->]

    ‘(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. [<-Struck out]

    [Struck out->]

    ‘(d) ELIGIBLE ENTITY DEFINED- In this section, the term ‘eligible entity’ means any of the following: [<-Struck out]

      [Struck out->]

      ‘(1) An agency of a State or local government. [<-Struck out]

      [Struck out->]

      ‘(2) A federally recognized Indian tribe. [<-Struck out]

      [Struck out->]

      ‘(3) Any organization that is organized for, and at all times since its formation has been operated principally for, one or more of the conservation purposes specified in clause (i), (ii), or (iii) of section 170(h)(4)(A) of the Internal Revenue Code of 1986 and-- [<-Struck out]

        [Struck out->]

        ‘(A) is described in section 501(c)(3) of the Code; [<-Struck out]

        [Struck out->]

        ‘(B) is exempt from taxation under section 501(a) of the Code; and [<-Struck out]

        [Struck out->]

        ‘(C) is described in paragraph (2) of section 509(a) of the Code, or paragraph (3) of such section, but is controlled by an organization described in paragraph (2) of such section. [<-Struck out]

    [Struck out->]

    ‘(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. [<-Struck out]

    [Struck out->]

    ‘(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 conservation 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 protection program and the terms and conditions of the grant. [<-Struck out]

    [Struck out->]

    ‘(g) TECHNICAL ASSISTANCE- To provide technical assistance to carry out this section, the Secretary of Agriculture 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.’. [<-Struck out]

[Struck out->] SEC. 702. FUNDING. [<-Struck out]

    [Struck out->] 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-- [<-Struck out]

      [Struck out->] (1) the farmland protection program under section 388 of the Federal Agriculture Improvement and Reform Act of 1996 (Public Law 104-127; 16 U.S.C. 3830 note); [<-Struck out]

      [Struck out->] (2) the Forest Legacy Program under section 7 of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2103c); and [<-Struck out]

      [Struck out->] (3) the Urban and Community Forestry Assistance Program established under section 9 of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2105). [<-Struck out]

[Struck out->]

Subtitle B--Endangered and Threatened Species Recovery

[<-Struck out]

[Struck out->] SEC. 711. PURPOSES. [<-Struck out]

    [Struck out->] The purposes of this subtitle are the following: [<-Struck out]

      [Struck out->] (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 species and the habitat upon which they depend. [<-Struck out]

      [Struck out->] (2) To promote greater involvement by non-Federal entities in the recovery of the Nation’s endangered species and threatened species and the habitat upon which they depend. [<-Struck out]

[Struck out->] SEC. 712. TREATMENT OF AMOUNTS TRANSFERRED FROM CONSERVATION AND REINVESTMENT ACT FUND. [<-Struck out]

    [Struck out->] 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. [<-Struck out]

[Struck out->] SEC. 713. ENDANGERED AND THREATENED SPECIES RECOVERY ASSISTANCE. [<-Struck out]

    [Struck out->] (a) FINANCIAL ASSISTANCE- The Secretary may use amounts made available under section 712 to provide financial assistance to any person for development and implementation of Endangered and Threatened Species Recovery Agreements entered into by the Secretary under section 714. [<-Struck out]

    [Struck out->] (b) PRIORITY- In providing assistance under this section, the Secretary shall give priority to the development and implementation of species recovery agreements that-- [<-Struck out]

      [Struck out->] (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)); [<-Struck out]

      [Struck out->] (2) have the greatest potential for contributing to the recovery of an endangered or threatened species; and [<-Struck out]

      [Struck out->] (3) to the extent practicable, require use of the assistance on land owned by a small landowner. [<-Struck out]

    [Struck out->] (c) PROHIBITION ON ASSISTANCE FOR REQUIRED ACTIVITIES- The Secretary may not provide financial assistance under this section for any action that is required by a permit issued under section 10(a)(1)(B) of the Endangered 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. [<-Struck out]

    [Struck out->] (d) PAYMENTS UNDER OTHER PROGRAMS- [<-Struck out]

      [Struck out->] (1) OTHER PAYMENTS NOT AFFECTED- Financial assistance provided to a person under this section shall be in addition to, and shall not affect, the total amount of payments that the person is otherwise eligible to receive under the conservation reserve program established under subchapter B of chapter 1 of subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3831 et seq.), the wetlands reserve program established under subchapter C of that chapter (16 U.S.C. 3837 et seq.), or the Wildlife Habitat Incentives Program established under section 387 of the Federal Agriculture Improvement and Reform Act of 1996 (16 U.S.C. 3836a). [<-Struck out]

      [Struck out->] (2) LIMITATION- A person may not receive financial assistance under this section to carry out activities under a species recovery agreement in addition 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 require financial or management obligations by the person in addition to any such obligations of the person under such programs. [<-Struck out]

[Struck out->] SEC. 714. ENDANGERED AND THREATENED SPECIES RECOVERY AGREEMENTS. [<-Struck out]

    [Struck out->] (a) IN GENERAL- The Secretary may enter into Endangered and Threatened Species Recovery Agreements for purposes of this subtitle in accordance with this section. [<-Struck out]

    [Struck out->] (b) REQUIRED TERMS- The Secretary shall include in each species recovery agreement provisions that-- [<-Struck out]

      [Struck out->] (1) require the person-- [<-Struck out]

        [Struck out->] (A) to carry out on real property owned or leased by the person activities not otherwise required by law that contribute to the recovery of an endangered or threatened species; [<-Struck out]

        [Struck out->] (B) to refrain from carrying out on real property owned or leased by the person otherwise lawful activities that would inhibit the recovery of an endangered or threatened species; or [<-Struck out]

        [Struck out->] (C) to do any combination of subparagraphs (A) and (B); [<-Struck out]

      [Struck out->] (2) describe the real property referred to in paragraph (1)(A) and (B) (as applicable); [<-Struck out]

      [Struck out->] (3) specify species recovery goals for the agreement, and measures for attaining such goals; [<-Struck out]

      [Struck out->] (4) require the person to make measurable progress each year in achieving those goals, including a schedule for implementation of the agreement; [<-Struck out]

      [Struck out->] (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; [<-Struck out]

      [Struck out->] (6) require the person to notify the Secretary if-- [<-Struck out]

        [Struck out->] (A) any right or obligation of the person under the agreement is assigned to any other person; or [<-Struck out]

        [Struck out->] (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; [<-Struck out]

      [Struck out->] (7) specify the date on which the agreement takes effect and the period of time during which the agreement shall remain in effect; [<-Struck out]

      [Struck out->] (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 [<-Struck out]

      [Struck out->] (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 implementation required under paragraph (4). [<-Struck out]

    [Struck out->] (c) REVIEW AND APPROVAL OF PROPOSED AGREEMENTS- Upon submission by any person of a proposed species recovery agreement under this section, the Secretary-- [<-Struck out]

      [Struck out->] (1) shall review the proposed agreement and determine whether it complies with the requirements of this section and will contribute to the recovery of endangered or threatened species that are the subject of the proposed agreement; [<-Struck out]

      [Struck out->] (2) propose to the person any additional provisions necessary for the agreement to comply with this section; and [<-Struck out]

      [Struck out->] (3) if the Secretary determines that the agreement complies with the requirements of this section, shall approve and enter with the person into the agreement. [<-Struck out]

    [Struck out->] (d) MONITORING IMPLEMENTATION OF AGREEMENTS- The Secretary shall-- [<-Struck out]

      [Struck out->] (1) periodically monitor the implementation of each species recovery agreement entered into by the Secretary under this section; and [<-Struck out]

      [Struck out->] (2) based on the information obtained from that monitoring, annually or otherwise disburse financial assistance under this subtitle to implement the agreement as the Secretary determines is appropriate under the terms of the agreement. [<-Struck out]

[Struck out->] SEC. 715. DEFINITIONS. [<-Struck out]

    [Struck out->] In this subtitle: [<-Struck out]

      [Struck out->] (1) ENDANGERED OR THREATENED SPECIES- The term ‘endangered or threatened species’ means any species that is listed as an endangered species or threatened species under section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533). [<-Struck out]

      [Struck out->] (2) SECRETARY- The term ‘Secretary’ means the Secretary of the Interior or the Secretary of Commerce, in accordance with section 3 of the Endangered Species Act of 1973 (16 U.S.C. 1532). [<-Struck out]

      [Struck out->] (3) SMALL LANDOWNER- The term ‘small landowner’ means an individual who owns 50 acres or fewer of land. [<-Struck out]

      [Struck out->] (4) SPECIES RECOVERY AGREEMENT- The term ‘species recovery agreement’ means an Endangered and Threatened Species Recovery Agreement entered into by the Secretary under section 714. [<-Struck out]

[Struck out->]

TITLE VIII--PROTECTION OF SOCIAL SECURITY AND MEDICARE BENEFITS

[<-Struck out]

[Struck out->] SEC. 801. PROTECTION OF SOCIAL SECURITY AND MEDICARE BENEFITS. [<-Struck out]

    [Struck out->] No funds shall be expended under this Act if such expenditure diminishes benefit obligations of the Federal Old-Age and Survivors Insurance Trust Fund, the Federal Disability Insurance Trust Fund, the Hospital Insurance Trust Fund, or the Supplementary Medical Insurance Trust Fund. [<-Struck out]

SECTION 1. SHORT TITLE.

    This Act may be cited as the ‘Conservation and Reinvestment Act’.

SEC. 2. CONSERVATION AND REINVESTMENT ACT FUND.

    (a) ESTABLISHMENT OF FUND- There is established in the Treasury of the United States a fund which shall be known as the ‘Conservation and Reinvestment Act Fund’. In each fiscal year beginning in fiscal year 2001 and through fiscal year 2015, the Secretary of the Treasury shall deposit in the Conservation and Reinvestment Act Fund amounts sufficient to fund the programs identified in subsection (b) from qualified Outer Continental Shelf revenues, as that term is defined in section 2 of the Outer Continental Shelf Lands Act (43 U.S.C. 1331), notwithstanding section 9 of such Act (43 U.S.C. 1338).

    (b) PROGRAM ALLOCATION- In each fiscal year beginning in fiscal year 2002 and through fiscal year 2016, the Secretary of the Treasury shall transfer amounts deposited in the previous year into the Conservation and Reinvestment Act Fund as follows:

      (1) $430,000,000 to the Secretary of the Interior for purposes of making payments to Producing Coastal States under section 31 of the Outer Continental Shelf Lands Act (43 U.S.C. 1330 et seq.).

      (2) $350,000,000 to the Secretary of Commerce for purposes of making payments to Coastal States under section 32 of the Outer Continental Shelf Lands Act (43 U.S.C. 1330 et seq.).

      (3) $25,000,000 to the Secretary of the Interior and Secretary of Commerce for coral reef protection efforts as provided in section 104 of this Act.

      (4) Such amounts as are necessary to make the income of the Land and Water Conservation Fund $900,000,000 to the Land and Water Conservation Fund for expenditure as provided in section 3 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 4601-6).

      (5) $350,000,000 to the Wildlife Conservation and Restoration Account within the Federal Aid to Wildlife Restoration Fund established under section 3 of the Federal Aid in Wildlife Restoration Act (16 U.S.C. 669b).

      (6) $75,000,000 to the Secretary of the Interior to carry out the Urban Park and Recreation Recovery Act of 1978 (16 U.S.C. 2501 et seq.).

      (7) $50,000,000 to the Secretary of Agriculture to carry out the Urban and Community Forestry Act established by section 9 of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2105).

      (8) $150,000,000 to the Secretary of the Interior for expenditure as provided in section 8(d) of the National Historic Preservation Act (16 U.S.C. 470h(d)).

      (9) $125,000,000 to the Secretary of the Interior to carry out National Park Service and Indian lands restoration programs as provided in title VI of this Act.

      (10) $50,000,000 to the Secretary of Agriculture to carry out the Forest Legacy program established by section 7 of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2103c).

      (11) $50,000,000 to the Secretary of Agriculture to carry out the Farm and Ranch Land Protection Program established by section 701 of this Act.

      (12) $25,000,000 to the Secretary of Agriculture to carry out the Rural Development program under section 21 of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2101).

      (13) $25,000,000 to the Secretary of Agriculture to carry out the Rural Community Assistance program established by section 2379 of the National Forest-Dependent Rural Communities Economic Diversification Act of 1990 (7 U.S.C. 6611-6617).

      (14) $60,000,000 to be equally divided between the Secretary of Agriculture, acting through the Chief of the Forest Service, and the Secretary of the Interior to carry out titles I and II of the Youth Conservation Corps Act of 1970 (16 U.S.C. 1701 et seq.).

      (15) Such sums as are necessary to the Secretary of the Interior to fund the payment in lieu of taxes program at its fully authorized level (31 U.S.C. 6901 et seq.).

    (c) AVAILABILITY OF FUNDS- Amounts transferred under subsection (b) are hereby appropriated, subject to subsection (f), and shall be available for obligation and expenditure without further appropriation and without fiscal year limitation.

    (d) CONFORMING AMENDMENT- Section 6906 of title 31, United States Code, is amended to read as follows: ‘There are authorized to be appropriated such sums as may be necessary to carry out this chapter.’.

    (e) SHORTFALL- If amounts deposited in the Conservation and Reinvestment Act Fund in fiscal year 2001 or in any fiscal year thereafter are insufficient to fund each program identified in subsection (b) in the amount specified in such subsection, the amount transferred to each program under subsection (b) for that fiscal year shall each be reduced proportionately in such fiscal year.

    (f) LIMITATION ON AVAILABILITY OF FUNDS- Notwithstanding any provision of this Act making funds available without further appropriation, no amounts from the Conservation and Reinvestment Act Fund shall be transferred under this section during any fiscal year until the Congress has made available $450,000,000 (or such lesser amount as may be required by subsection (e)) for Federal land acquisition under section 5 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 4601-7) during such fiscal year in an Act making appropriations.

    (g) STATE AND LOCAL ACQUISITION RESTRICTION- Funds made available to States and local governments should be, to the extent practicable, for the acquisition of land or interests in land on a willing seller basis.

    (h) SAVINGS CLAUSE- Nothing in this Act expands, diminishes, or affects any water right.

SEC. 3. RECORDKEEPING REQUIREMENTS.

    The Secretary of the Interior, Secretary of Agriculture, and Secretary of Commerce in administering a program funded under this Act shall establish such rules as may be necessary regarding recordkeeping and auditing of amounts made available to States and political subdivisions under this Act.

SEC. 4. ANNUAL REPORTS.

    (a) STATE REPORTS- As a condition for receiving amounts from the Conservation and Reinvestment Act Fund, each Governor receiving such amounts shall account for all amounts so received during the previous fiscal year in a written report to the Secretary of the

Interior, the Secretary of Agriculture, or the Secretary of Commerce, as appropriate. The report shall include, in accordance with regulations prescribed by the Secretary, a description of all projects and activities funded under this Act, including a listing of all lands or interests in lands acquired and the circumstances surrounding each acquisition. In order to avoid duplication, such report may incorporate by reference any other reports required to be submitted by the Governor, under other provisions of law, to the Secretary regarding any portion of such amounts.

    (b) REPORT TO CONGRESS- On January 1 of each year, the Secretary of the Interior, the Secretary of Agriculture, and the Secretary of Commerce, shall jointly submit an annual report to the Congress documenting all amounts expended by the Secretary of the Interior, the Secretary of Agriculture, and the Secretary of Commerce from the Conservation and Reinvestment Act Fund during the previous fiscal year and summarizing the contents of the Governors’ reports submitted to the Secretaries under subsection (a).

SEC. 5. MAINTENANCE OF EFFORT AND MATCHING FUNDING.

    (a) IN GENERAL- Amounts made available to States and political subdivisions from the Conservation and Reinvestment Act Fund are intended to supplement rather than replace expenditures by such State and subdivisions. The Secretaries of the Interior, Commerce and Agriculture shall monitor the use of grant funds to ensure compliance with this intent and shall identify in the annual report required under section 4 any State or subdivision that, in the judgment of the Secretary, is not maintaining a sufficient local commitment or uses funds received under this Act to reduce its expenditure of non-Federal funds.

    (b) USE OF AMOUNTS FROM THE CONSERVATION AND REINVESTMENT ACT FUND TO MEET MATCHING REQUIREMENTS- All amounts received by a State or local government under this Act shall be treated as Federal funds for purposes of compliance with the requirement under any other law that non-Federal funds be used to provide a portion of the funding for any program or project.

SEC. 6. PROTECTION OF PRIVATE PROPERTY RIGHTS.

    (a) SAVINGS CLAUSE- Nothing in this Act shall authorize the taking of private property for public use without just compensation.

    (b) FEDERAL REGULATION- Nothing in this Act creates any new authority for Federal agencies to apply regulations on privately owned land.

SEC. 7. SIGNS.

    The Secretary of the Interior shall require, as a condition of providing any amounts from the Conservation and Reinvestment Act Fund, that the person that owns or administers any site that benefits from such amounts shall include on any sign otherwise installed at that site at or near an entrance or public use focal point, a statement that the existence or development of the site (or both), as appropriate, is a product of such amounts.

SEC. 8. ENSURING THE SOLVENCY OF THE SOCIAL SECURITY AND MEDICARE TRUST FUNDS.

    (a) DEBT REDUCTION- The Director of the Congressional Budget Office shall report to Congress by February 1 of each year whether--

      (1) a sufficient portion of the on-budget surplus is reserved for debt retirement to put the Government on a path to eliminate the publicly held debt by fiscal year 2013 under current economic and technical projections; and

      (2) there is an on-budget surplus for that fiscal year.

    (b) SOCIAL SECURITY SOLVENCY- The Board of Trustees of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund shall report to Congress by February 1 of each year whether outlays from such trust funds are anticipated to exceed the revenues to such trust funds during any of the next 5 years.

    (c) MEDICARE SOLVENCY- The Board of Trustees of the Federal Hospital Insurance Trust Fund shall report to Congress by February 1 of each year whether outlays from such trust fund are anticipated to exceed the revenues to such trust fund during any of the next 5 fiscal years.

SEC. 9. PROTECTION OF SOCIAL SECURITY AND MEDICARE BENEFITS.

    No funds shall be transferred under this Act if such expenditure diminishes benefit obligations of the Federal Old-Age and Survivors Insurance Trust Fund, the Federal Disability Insurance Trust Fund, the Federal Hospital Insurance Trust Fund, or the Federal Supplementary Medical Insurance Trust Fund or if there is not an on-budget surplus.

TITLE I--COASTAL IMPACT ASSISTANCE AND STEWARDSHIP

SEC. 101. DEFINITIONS.

    Section 2 of the Outer Continental Shelf Lands Act (43 U.S.C. 1331) is amended by adding at the end the following:

    ‘(r) The term ‘coastal population’ means the population of all political subdivisions, as determined by the most recent official data of the Census Bureau, contained in whole or in part within the designated coastal boundary of a State as defined in a State’s coastal zone management program under the Coastal Zone Management Act (16 U.S.C. 1451 et seq.).

    ‘(s) The term ‘Coastal State’ has the same meaning as provided by subsection 304(4) of the Coastal Zone Management Act (16 U.S.C. 1453(4)).

    ‘(t) The term ‘coastline’ has the same meaning as the term ‘coast line’ as defined in subsection 2(c) of the Submerged Lands Act (43 U.S.C. 1301(c)).

    ‘(u) The term ‘leased tract’ means a tract maintained under section 6 or leased under section 8 for the purpose of drilling for, developing, and producing oil and natural gas resources.

    ‘(v) The term ‘qualified Outer Continental Shelf revenues’ means all amounts received by the United States from each leased tract or portion of a leased tract lying seaward of the zone defined and governed by section 8(g) of this Act, or lying within such zone but to which section 8(g) does not apply, the geographic center of which lies within a distance of 200 miles from any part of the coastline of any Coastal State, including bonus bids, rents, royalties (including payments for royalties taken in kind and sold), net profit share payments, and related late payment interest. Such term does not include any revenues from a leased tract or portion of a leased tract that is included within any area of the Outer Continental Shelf where a moratorium on new leasing was in effect as of January 1, 2000, unless the lease was issued prior to the establishment of the moratorium and was in production on January 1, 2000.’.

SEC. 102. COASTAL IMPACT ASSISTANCE.

    The Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) is amended by adding at the end the following:

‘SEC. 31. COASTAL IMPACT ASSISTANCE.

    ‘(a) DEFINITIONS- When used in this section--

      ‘(1) The term ‘coastal political subdivision’ means a county, parish, or any equivalent subdivision of a Producing Coastal State which subdivision lies within the coastal zone (as defined in section 304(1) of the Coastal Zone Management Act (16 U.S.C. 1453(1)) and within a distance of 200 miles from the geographic center of any leased tract.

      ‘(2) The term ‘distance’ means minimum great circle distance, measured in statute miles.

      ‘(3) The term ‘Producing Coastal State’ means a Coastal State with a coastal seaward boundary within 200 miles from the geographic center of a leased tract other than a leased tract within any area of the Outer Continental Shelf where a moratorium on new leasing was in effect as of January 1, 2000, unless the lease was issued prior to the establishment of the moratorium and was in production on January 1, 2000.

    ‘(b) ‘FUNDING- Amounts transferred to the Secretary under section 2(b)(1) of the Conservation and Reinvestment Act in a fiscal year shall be available for obligation and expenditure for the purposes of this section, without further appropriation and without fiscal year limitation.

    ‘(c) IMPACT ASSISTANCE PAYMENTS TO STATES AND POLITICAL SUBDIVISIONS- Notwithstanding section 9, the Secretary shall make payments from the amounts available under this section to Producing Coastal States with an approved Coastal Impact Assistance Plan, and to coastal political subdivisions as follows:

      ‘(1) ALLOCATIONS TO PRODUCING COASTAL STATES- In each fiscal year, each Producing Coastal State’s allocable share shall be equal to the sum of the following:

        ‘(A) $245,000,000 equally divided among all Producing Coastal States;

        ‘(B) $185,000,000 divided among Producing Coastal States based on Outer Continental Shelf production.

      ‘(2) CALCULATION- The amount for each Producing Coastal State under paragraph (1)(B) shall be calculated based on the ratio of qualified OCS revenues generated off the coastline of the Producing Coastal State to the qualified OCS revenues generated off the coastlines of all Producing Coastal States, for the preceding five-year period and recalculated each fifth year thereafter. Where there is more than one Producing Coastal State within 200 miles of a leased tract, the amount of each Producing Coastal State’s payment under paragraph (1)(B) for such leased tract shall be inversely proportional to the distance between the nearest point on the coastline of such State and the geographic center of each leased tract or portion of the leased tract (to the nearest whole mile) that is within 200 miles of that coastline, as determined by the Secretary for the 5-year period concerned. A leased tract or portion of a leased tract shall be excluded if the tract or portion is located in a geographic area where a moratorium on new leasing was in effect on January 1, 2000, unless the lease was issued prior to the establishment of the moratorium and was in production on January 1, 2000.

      ‘(3) PAYMENTS TO COASTAL POLITICAL SUBDIVISIONS- Twenty percent of each Producing Coastal State’s allocable share as determined under paragraph (1) shall be paid directly to the coastal political subdivisions by the Secretary based on the following formula:

        ‘(A) 25 percent shall be allocated based on the ratio of such coastal political subdivision’s coastal population to the coastal population of all coastal political subdivisions in the Producing Coastal State; except that for those coastal political subdivisions in the State of Louisiana without a coastline, the coastline for purposes of this element of the formula shall be the average length of the coastline of the remaining coastal subdivisions in the state.

        ‘(B) 25 percent shall be allocated based on the ratio of such coastal political subdivision’s coastline miles to the coastline miles of all coastal political subdivisions in the Producing Coastal State.

        ‘(C) 50 percent shall be allocated based on the relative distance of such coastal political subdivision from any leased tract used to calculate the Producing Coastal State’s allocation using ratios that are inversely proportional to the distance between the point in the coastal political subdivision closest to the geographic center of each leased tract or portion, as determined by the Secretary; except that in the State of Louisiana the funds for this element of the formula shall be divided equally among all coastal political subdivisions. For purposes of the calculations under this subparagraph, a leased tract or portion of a leased tract shall be excluded if the leased tract or portion is located in a geographic area where a moratorium on new leasing was in effect on January 1, 2000, unless the lease was issued prior to the establishment of the moratorium and was in production on January 1, 2000.

      ‘(4) FAILURE TO HAVE PLAN APPROVED- Any amount allocated to a Producing Coastal State or coastal political subdivision but not disbursed because of a failure to have an approved Coastal Impact Assistance Plan under this section shall be allocated equally by the Secretary among all other Producing Coastal States in a manner consistent with this subsection except that the Secretary shall hold in escrow such amount until the final resolution of any appeal regarding the disapproval of a plan submitted under this section. The Secretary may waive the provisions of this paragraph and hold a Producing Coastal State’s allocable share in escrow if the Secretary determines that such State is making a good faith effort to develop and submit, or update, a Coastal Impact Assistance Plan.

    ‘(d) COASTAL IMPACT ASSISTANCE PLAN-

      ‘(1) DEVELOPMENT AND SUBMISSION OF STATE PLANS- The Governor of each Producing Coastal State shall prepare, and submit to the Secretary, a Coastal Impact Assistance Plan which shall incorporate the plans of coastal political subdivisions, and may also incorporate the Statewide Coastal Conservation Plan required under section 32 of this Act. The Governor shall solicit local input and shall provide for public participation in the development of the plan. The plan shall be submitted to the Secretary by July 1, 2001 and updated at least once every 5 years thereafter. Amounts received by Producing Coastal States and coastal political subdivisions may be used only for the purposes specified in the Producing Coastal State’s Coastal Impact Assistance Plan.

      ‘(2) APPROVAL- The Secretary shall approve a plan under paragraph (1) prior to disbursement of amounts under this section. The Secretary shall approve the plan if

the Secretary determines that the plan is consistent with the uses set forth in subsection (e) and if the plan contains each of the following:

        ‘(A) The name of the State agency that will have the authority to represent and act for the State in dealing with the Secretary for purposes of this section.

        ‘(B) A program for the implementation of the plan which describes how the amounts provided under this section will be used.

        ‘(C) A description of how coastal political subdivisions will use amounts provided under this section, including a certification by the Governor that such uses are consistent with the requirements of this section.

        ‘(D) Certification by the Governor that ample opportunity has been accorded for public participation in the development and revision of the plan.

        ‘(E) Measures for taking into account other relevant Federal resources and programs.

      ‘(3) PROCEDURE- The Secretary shall approve or disapprove each plan or amendment within 90 days of its submission.

      ‘(4) AMENDMENT- Any amendment to the plan shall be prepared in accordance with the requirements of this subsection and shall be submitted to the Secretary for approval or disapproval.

    ‘(e) AUTHORIZED USES- Producing Coastal States and coastal political subdivisions shall use amounts provided under this section, including any such amounts deposited in a State or coastal political subdivision administered trust fund dedicated to uses consistent with this subsection, in compliance with Federal and State law and only for one or more of the following purposes:

      ‘(1) uses authorized under subsection 32(c) of this Act relating to coastal stewardship;

      ‘(2) projects and activities for the conservation, protection or restoration of wetlands;

      ‘(3) mitigating damage to fish, wildlife or natural resources, including such activities authorized under subtitle B of title IV of the Oil Pollution Act of 1990 (33 U.S.C. 1321(c), (d));

      ‘(4) planning assistance and administrative costs of complying with the provisions of this section;

      ‘(5) implementation of Federally approved marine, coastal, or comprehensive conservation management plans; and

      ‘(6) mitigating impacts of Outer Continental Shelf activities through funding of onshore infrastructure and public service needs: Provided, That funds made available under this paragraph shall not exceed 23 percent of the funds provided under this section.

    ‘(f) COMPLIANCE WITH AUTHORIZED USES- If the Secretary determines that any expenditure made by a Producing Coastal State or coastal political subdivision is not consistent with the uses authorized in subsection (e), the Secretary shall not disburse any further amounts under this section to that Producing Coastal State or coastal political subdivision until the amounts used for the inconsistent expenditure have been repaid or obligated for authorized uses.’

SEC. 103. OCEAN AND COASTAL CONSERVATION.

    The Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) is further amended by adding at the end the following:

‘SEC. 32. OCEAN AND COASTAL CONSERVATION.

    ‘(a) FUNDING- Amounts transferred to the Secretary of Commerce under section 2(b)(2) of the Conservation and Reinvestment Act in a fiscal year shall be available for obligation and expenditure for the purpose of this section, without further appropriation and without fiscal year limitation.

    ‘(b) ALLOCATION OF FUNDS- Notwithstanding section 9, the Secretary of Commerce shall allocate amounts available under this section as follows:

      ‘(1) for uses identified in subsection (c), $250,000,000; and

      ‘(2) for uses identified in subsection (d), $100,000,000.

    ‘(c) COASTAL STEWARDSHIP-

      ‘(1) ALLOCATION TO COASTAL STATES- The Secretary of Commerce shall allocate among all Coastal States with an approved Statewide Coastal Conservation Plan, the amounts available under subsection (b)(1) as follows: ---

        ‘(A) 25 percent shall be allocated based on the ratio of the Coastal State’s coastal population to the coastal population of all Coastal States;

        ‘(B) 25 percent shall be allocated based on the ratio of the Coastal State’s coastline miles to the coastline miles of all Coastal States; and

        ‘(C) 50 percent shall be equally divided among all Coastal States.

      ‘(2) FAILURE TO HAVE PLAN APPROVED- Any amount allocated to a Coastal State but not disbursed because of a failure to have an approved Statewide Coastal Conservation Plan under this subsection shall be allocated among all other Coastal States in a manner consistent with paragraph (1), except that the Secretary of Commerce shall hold in escrow such amount until the final resolution of any appeal regarding the disapproval of a plan submitted under this subsection. The Secretary of Commerce may waive the provisions of this paragraph and hold a Coastal State’s allocable share in escrow if the Secretary of Commerce determines that such State is making a good faith effort to develop and submit, or update, a Statewide Coastal Conservation Plan.

      ‘(3) DEVELOPMENT AND SUBMISSION OF STATE PLANS- (A) The Governor of each Coastal State shall prepare, and submit to the Secretary of Commerce, a Statewide Coastal Conservation Plan. The Governor shall solicit local input and shall provide for public participation in the development of the Plan. The Plan shall be submitted to the Secretary of Commerce by July 1, 2001, and updated at least once every 5 years thereafter. Each Plan shall consider ways to use amounts received under this subsection to assist local governments, non-profit organizations, or public institutions with activities or programs consistent with this subsection. Amounts received by Coastal States may be used only for the purposes specified in the Statewide Coastal Conservation Plan.

      ‘(B) APPROVAL- The Secretary of Commerce shall approve a Statewide Coastal Conservation Plan under subparagraph (A) prior to disbursement of amounts under this section. The Secretary of Commerce shall approve the Plan if the Secretary of Commerce determines that the Plan is

consistent with the uses set forth in paragraph (4) and if the Plan contains each of the following:

        ‘(i) The name of the State agency that will have the authority to represent and act for the State in dealing with the Secretary of Commerce for purposes of this subsection;

        ‘(ii) A program for the implementation of the Plan which describes how amounts will be used to protect and manage the State’s coastal, estuarine, and marine resources in accordance with the requirements of this subsection;

        ‘(iii) Certification by the Governor that ample opportunity has been accorded for public participation in the development and revision of the Plan; and

        ‘(iv) Measures for taking into account other relevant Federal resources and programs.

      ‘(C) PROCEDURE- The Secretary shall approve or disapprove each plan or amendment within 90 days of its submission.

      ‘(D) AMENDMENT- Any amendment to the plan shall be prepared in accordance with the requirements of this paragraph and shall be submitted to the Secretary of Commerce for approval or disapproval.

      ‘(4) AUTHORIZED USES- Coastal States shall use amounts provided under this subsection in compliance with Federal and State law and only for one or more of the following purposes--

        ‘(A) activities which support and are consistent with the Coastal Zone Management Act, including National Estuarine Research Reserve programs, the National Marine Sanctuaries Act, the Magnuson-Stevens Fishery Conservation and Management Act, or the National Estuaries program;

        ‘(B) conservation, restoration, enhancement or protection of coastal or marine habitats including wetlands, estuaries, coastal barrier islands, coastal fishery resources and coral reefs, including projects to remove abandoned vessels or marine debris that may adversely affect coastal habitats;

        ‘(C) protection, restoration and enhancement of coastal water quality consistent with the provisions of the Coastal Zone Management Act (16 U.S.C. 1451 et seq.), including the reduction or monitoring of coastal polluted runoff or other coastal contaminants;

        ‘(D) addressing watershed protection or other coastal or marine conservation needs which cross jurisdictional boundaries;

        ‘(E) assessment, research, mapping and monitoring of coastal or marine resources and habitats, including, where appropriate, the establishment and monitoring of marine protected areas;

        ‘(F) addressing coastal conservation needs associated with seasonal or otherwise transient fluctuations in coastal populations;

        ‘(G) protection and restoration of natural coastline protective features, including control of coastline erosion;

        ‘(H) identification, prevention and control of invasive exotic and harmful non-indigenous species;

        ‘(I) assistance to local communities to assess, plan for and manage the impacts of growth and development on coastal or marine habitats and natural resources, including coastal community fishery assistance programs that encourage participation in sustainable fisheries; and

        ‘(J) projects that promote research, education, training and advisory services in fields related to coastal and Great Lakes living marine resource use and management.

      ‘(5) COMPLIANCE WITH AUTHORIZED USES- If the Secretary determines that any expenditure made by a Coastal State is not consistent with the uses authorized in paragraph (4), the Secretary shall not disburse any further amounts under this subsection to that Coastal State until the amounts used for such expenditure have been repaid or obligated for authorized uses.

    ‘(d) COOPERATIVE FISHERIES ENFORCEMENT AND RESEARCH AND MANAGEMENT- The amounts made available under subsection (b)(2) shall be allocated by the Secretary of Commerce for the following purposes, with not less than 25 percent used for Cooperative Enforcement Agreements under paragraph (2):

      ‘(1) TECHNICAL AND ADMINISTRATIVE EXPENSES- Up to five percent of such amounts may be used by the Secretary of Commerce to provide technical assistance to a State and cover administrative costs associated with this subsection.-

      ‘(2) COOPERATIVE ENFORCEMENT USES- (A) The Governor of Hawaii, a territory, or a State represented on an Interstate Marine Fisheries Commission may apply to the Secretary of Commerce for execution of a cooperative enforcement agreement with the Secretary of Commerce. Cooperative agreements between the Secretary of Commerce and such States shall authorize the deputization of State law enforcement officers with marine law enforcement responsibilities to perform duties of the Secretary of Commerce relating to any law enforcement provision of any marine resource laws enforced by the Secretary of Commerce. Such cooperative enforcement agreements shall be consistent with the purposes and intent of section 311(a) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1861(a)), to the extent applicable to the regulated activities.

        ‘(B) Upon receiving an application meeting the requirements of this subsection, the Secretary of Commerce shall enter into the cooperative enforcement agreement with the requesting State. The Secretary of Commerce shall include in each cooperative enforcement agreement an allocation of funds to assist in management of the agreement. The allocation shall be distributed among all States participating in cooperative enforcement agreements under this paragraph based upon consideration of the specific marine conservation enforcement needs of each participating State.

      ‘(3) COOPERATIVE RESEARCH AND MANAGEMENT USES- (A) The Governor of Hawaii, a territory, or any State represented on an Interstate Marine Fisheries Commission may apply to the Secretary of Commerce for the execution of a research and

management agreement, on a sole source basis, for the purpose of undertaking eligible projects required for the effective management of living marine resources of the United States. Upon determining that the application meets the requirements of this subsection, the Secretary of Commerce shall enter into such agreement.

      ‘(B) The Secretary of Commerce shall allocate to States participating in a research and management agreement under this subsection funds to assist in implementing the agreement.

      ‘(C) For purposes of this subsection, eligible projects are those which address critical needs identified in fishery management reports or plans developed and approved by a State, Marine Fisheries Commission, Regional Fishery Management Council, or other regional or tribal entity, charged with management and conservation of living marine resources, and that pertain to--

        ‘(i) the collection and analysis of fishery data and information, including data on landings, fishing effort, biology, habitat, economics and social changes, including those information needs identified pursuant to section 401 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1881); or

        ‘(ii) the development of measures to promote innovative or cooperative management of fisheries.

      ‘(D) In making funds available under this paragraph, the Secretary of Commerce shall give priority to eligible projects that meet the following criteria:

        ‘(i) establishment of observer programs;

        ‘(ii) cooperative research projects developed among States, academic institutions, and the fishing industry, to obtain data or other information necessary to meet national or regional management priorities;

        ‘(iii) projects to reduce harvesting capacity performed in a manner consistent with section 312(b) of the Magnuson-Stevens Fishery and Conservation Act (16 U.S.C. 1862(b));

        ‘(iv) projects designed to identify ecosystem impacts of fishing, including the relationship between fishing harvest and marine mammal population abundance;

        ‘(v) projects to develop sustainable experimental fisheries and fishery harvest techniques and fishing gear that provide conservation benefits, including reduction of fishing bycatch;

        ‘(vi) projects to develop sustainable aquaculture; or

        ‘(vii) projects for the identification, conservation, restoration or enhancement of coastal fishery resources and habitats.

      ‘(4) COMMERCE PROCEDURES- Within 90 days after the enactment of the Conservation and Reinvestment Act, the Secretary of Commerce shall adopt procedures necessary to implement this subsection.

      ‘(5) CONGRESSIONAL APPROVAL- The President shall include in, as part of the annual budget proposal, a priority list of allocations to Coastal States under this subsection. Amounts shall be made available under section 2(b)(2) of the Conservation and Reinvestment Act 15 days after the sine die adjournment of the Congress each year, without further appropriation, for the projects identified on the priority list, unless prior to such date, legislation is enacted establishing a different priority list. If Congress enacts legislation establishing an alternate priority list, and such priority list funds less than the annual authorized funding amount identified in this subsection, the difference between the authorized funding amount and the alternate priority list shall be available for expenditure, without further appropriation, in accordance with the priority list submitted by the President.’.

SEC. 104. CORAL REEF PROTECTION.

    (a) FUNDING- Amounts transferred to the Secretaries of Interior and Commerce under section 2(b)(3) of the Conservation and Reinvestment Act in a fiscal year shall be available for obligation and expenditure for the purposes of this section, without further appropriation and without fiscal year limitation.

    (b) CORAL REEF- As used in this section, the term ‘coral reef’ means species (including reef plants and coralline algae), habitats, and other natural resources associated with any reefs or shoals composed primarily of corals within all maritime areas and zones subject to the jurisdiction of the United States, including in the Atlantic Ocean, Caribbean Sea, Gulf of Mexico, and Pacific Ocean or subject to the jurisdiction of the Republic of the Marshall Islands, the Federated States of Micronesia, or the Republic of Palau as long as such entity is in free association with the United States.-

    (c) ALLOCATION OF FUNDS- Amounts under this section shall be allocated as follows:

      (1) $12,500,000 shall be made available to the Secretary of Commerce; and

      (2) $12,500,000 shall be made available to the Secretary of the Interior; to be administered in accordance with this section.

    (d) USES- The Secretary of Commerce and the Secretary of the Interior shall use amounts provided under this section for activities that contribute to or result in preserving, sustaining or enhancing the health, diversity or viability of coral reef ecosystems. No amounts provided under this section shall be used for the acquisition of lands or interests in lands. In determining how to allocate amounts under this section, the Secretaries shall give priority to those areas of most critical environmental need. Uses may include:

      (1) actions to enhance or improve resource management of coral reefs, such as assessment, scientific research, protection, restoration and mapping;

      (2) habitat monitoring and species surveys and monitoring;

      (3) activities necessary for planning and development of strategies for coral reef management;

      (4) community outreach and education on coral reef importance and conservation;

      (5) activities in support of the enforcement of laws relating to coral reefs; and

      (6) grants of financial assistance for the uses authorized in this subsection to natural resource management authorities of States or territories of the United States, the Republic of the Marshall Islands, the Federated States of Micronesia, the Republic of Palau, or other government authorities with jurisdiction over coral reefs or whose activities affect coral reefs, or educational or non-governmental organizations with demonstrated expertise in marine science or the conservation of coral reefs.-

    (e) CONSULTATION- In developing guidelines and requirements to implement this section, the Secretary of Commerce and the Secretary of the Interior shall consult with the Coral Reef Task Force established under Executive Order 13089 (June 11, 1998), States and territories, the Republic of the Marshall Islands, the Federated States of Micronesia, the Republic of Palau, regional and local entities, and non-governmental organizations involved in coral and marine conservation.

    (f) CONGRESSIONAL APPROVAL- The President shall transmit, as part of the annual budget proposal, a priority list for all allocations under this section. Amounts shall be made available under section 2(b)(3) of the Conservation and Reinvestment Act 15 days after the sine die adjournment of the Congress each year, without further appropriation, for the projects identified on the priority list, unless, prior to such date, legislation is enacted establishing a different priority list. If Congress enacts legislation establishing an alternate priority list, and such priority list funds less than the annual authorized funding amount identified in this section, the difference between the authorized funding and the alternate priority list shall be available for expenditure, without further appropriation, in accordance with the priority list submitted by the Secretary of the Interior and Secretary of Commerce.

TITLE II--LAND AND WATER CONSERVATION FUND

SEC. 201. SHORT TITLE.

    This title may be cited as the ‘Land and Water Conservation Fund Act Amendments of 2000’.

SEC. 202. LAND AND WATER CONSERVATION FUND AMENDMENTS.

    (a) AMOUNTS TRANSFERRED FROM CONSERVATION AND REINVESTMENT ACT FUND- Section 2(c) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-5(c)) is amended to read as follows:

    ‘(c) In addition to the sum of the revenues and 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 deposited into the fund all amounts transferred to the fund under section 2(b)(4) of the Conservation and Reinvestment Act. Such amounts shall only be used to carry out the purposes of this Act.’.

    (b) ANNUAL FUNDING AUTHORITY- Section 3 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-6) is amended to read as follows:

    ‘Of amounts in the fund, $900,000,000 shall be available each fiscal year for obligation and expenditure in accordance with section 5 of this Act, without further appropriation and without fiscal year limitation. Other moneys in the fund shall be available for expenditure only when appropriated therefor. Such appropriations may be made without fiscal year limitation.’.

    ‘(c) ALLOCATION OF FUNDS- Section 5 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-7) is amended to read as follows:

    ‘Of the amounts made available each fiscal year, fifty percent of the funds shall be used for Federal land acquisition purposes as provided in section 7 of this Act and fifty percent shall be used for financial assistance to States as provided in section 6 of this Act.’.

SEC. 203. ALLOCATION OF AMOUNTS FOR STATE PURPOSES.

    (a) FACILITY REHABILITATION- Section 6(a) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-8(a)) is amended by deleting ‘(3) development.’ and inserting ‘(3) development, including facility rehabilitation.’.

    (b) STATE FUNDING ALLOCATIONS- Section 6(b) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-8(b)) is amended to read as follows:

    ‘(b) APPORTIONMENT AMONG STATES- (1) Not more than 4 percent of the amounts made available for financial assistance to States each fiscal year may be deducted by the Secretary for expenses in the administration of this section. Such amount is authorized to be made available therefor until the expiration of the next succeeding fiscal year. Within 60 days after the close of such fiscal year, the Secretary shall apportion any unexpended amounts, in a manner consistent with this subsection.

    ‘(2) The Secretary, after making the deduction under paragraph (1), shall apportion the remaining amounts as follows:

      ‘(A) Sixty percent shall be apportioned equally among the several States; and

      ‘(B) Forty percent shall be apportioned on the basis of the ratio which the population of each State bears to the total population of the United States.

    ‘(3) The total apportionment to an individual State (2) shall not exceed 10 percent of the total amount made available for financial assistance to the States in any one year.

    ‘(4) The Secretary shall notify each State of its apportionment, and the amount thereof shall be available thereafter to such State for planning, acquisition, or development projects as hereafter described. Any amount of any apportionment that has not been paid or obligated by the Secretary during the fiscal year in which such notification is given and for two fiscal years thereafter shall be reapportioned by the Secretary in accordance with paragraph (2).

    ‘(5)(A) For the purposes of paragraph (2)--

      ‘(i) the District of Columbia shall be treated as a State; and

      ‘(ii) Puerto Rico, the Virgin Islands, Guam, American Samoa and the Commonwealth of the Northern Mariana Islands shall be treated collectively as one State and shall receive shares of such apportionment in proportion to their populations.

    ‘(B) Each of the areas referred to in subparagraph (A) shall be treated as a State for all other purposes of this Act.

    ‘(6)(A) For the purposes of paragraph (2) of this subsection, all Federally recognized Indian tribes or, in the case of Alaska, Native Corporations (as defined in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602)) shall be treated collectively as one State and be eligible to receive shares of apportionment in accordance with a competitive grant program established by the Secretary.

    ‘(B) No single tribe or Alaska Native Corporation shall receive more than 10 percent of the total amount made available under this paragraph.

    ‘(C) Funds received by a tribe or Alaska Native Corporation under this paragraph may be expended only for the purposes specified in paragraphs (1) and (3) of subsection (a).

    ‘(7) Absent a compelling and annually documented reason to the contrary acceptable to the Secretary of the Interior, each State (other than an area treated as a State under paragraphs (5) and (6) of this subsection) shall make at least 25 percent of its annual apportionment available as grants to local governments within such State.’.

SEC. 204. STATE PLANNING.

    (a) STATE ACTION AGENDA-

      (1) IN GENERAL- Section 6(d) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-8(d)) is amended to read as follows:

    ‘(d) STATE ACTION AGENDA-

      ‘(1) A State Action Agenda for Community Recreation and Conservation (in this Act referred to as the ‘State Action Agenda’) shall be required prior to the consideration by the Secretary of financial assistance under this section. The State Action Agenda shall be adequate if, in the judgment of the Secretary, it encompasses and will promote the purposes of this Act.

      ‘(2) Each State, in partnership with its local governments and Federal agencies, shall develop a State Action Agenda within 5 years after the date of enactment of the Conservation and Reinvestment Act. Each State may define its own priorities and criteria for selection of outdoor recreation and conservation acquisition and development projects eligible for grants under this Act so long as it provides for public involvement in this process. The State Action Agenda shall be strategic, originating in broad-based and long-term needs, but focused on actions that can be funded over the next 5 years. A State Action Agenda must be updated at least once every 5 years.

      ‘(3) The State Action Agenda shall contain:

        ‘(A) the name of the State agency that will have authority to represent and act for the State in dealing with the Secretary for the purposes of this Act;

        ‘(B) the priorities and criteria for selection of outdoor recreation and conservation acquisition and development projects; and

        ‘(C) certification by the Governor that the agenda’s conclusions and proposed actions reflect an ample opportunity for public participation.

      ‘(4) State Action Agendas shall take into account all providers of recreation and conservation 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 (16 U.S.C. 2506) 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 recreation and conservation planning, promulgated as conditions for grants, minimize redundancy 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 of enactment of this Act shall remain in effect in that State until a State Action Agenda has been adopted pursuant to the amendment made by this subsection, but no later than 5 years after the enactment of this Act.

    (b) CONFORMING AMENDMENTS- (1) Section 6(e) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-8(e)) is amended--

      (A) in the first sentence by striking ‘State comprehensive plan’ and inserting ‘State Action Agenda’; and

      (B) in paragraph (1) by striking ‘comprehensive plan’ and inserting ‘State Action Agenda’.

    (2) Reference to a ‘State comprehensive plan’ (within the meaning of the Land and Water Conservation Act of 1965) in any law shall be deemed to be to the State Action Agenda established by this section.

SEC. 205. ASSISTANCE TO STATES FOR OTHER PROJECTS.

    Section 6(e) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-8(e)) is further amended--

      (1) in subsection (e)(1) by striking ‘, but not including incidental costs relating to acquisition’; and

      (2) in subsection (e)(2) by striking ‘facilities’ the first place it appears and inserting ‘facilities, or to enhance public safety within a designated park or recreation area’.

SEC. 206. CONVERSION OF PROPERTY TO OTHER USE.

    Section 6(f)(3) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-8(f)(3)) is amended--

      (1) by inserting ‘(A)’ before ‘No property’; and

      (2) by striking the second sentence (including the proviso) and inserting the following:

        ‘(B) With the exception of those properties that are no longer viable as an outdoor recreation and conservation facility due to changes in demographics or which must be abandoned because of environmental contamination or other condition that endangers public health and safety, the Secretary shall approve such conversion only if the State demonstrates no prudent or feasible alternative exists. Any conversion must satisfy such conditions as the Secretary deems necessary to assure the substitution of other recreation and conservation properties of at least equal fair market value and reasonably equivalent usefulness and location and which are consistent with the existing State Action Agenda.’.

SEC. 207. FEDERAL LAND ACQUISITION.

    (a) FEDERAL LAND ACQUISITION PROJECTS- Section 7(a) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-9(a)) is amended--

      (1) by striking ‘Moneys appropriated’ and all that follows through ‘subpurposes:’ and inserting the following:

      ‘(1)(A) The President shall transmit, as part of the annual budget proposal, a priority list for Federal land acquisition projects that fully allocates the amount made

available for Federal land acquisition projects for that fiscal year. The President shall require the Secretary of the Interior and the Secretary of Agriculture to develop priority lists for projects under each Secretary’s jurisdiction. The Secretaries shall prepare the lists in consultation with the head of each affected bureau or agency, taking into account the best professional judgment regarding the land acquisition priorities and policies of each bureau or agency. In preparing the lists, the Secretaries shall consider whether land exchanges, consolidation of Federal land ownership within a State, or the acquisition of conservation easements can be used with respect to proposed acquisitions. The Secretaries also shall consult with the Governors of the States and shall carefully consider any recommendations made by the Governor for any land acquisition within the State and any concerns on the acquisition of individual parcels.

      ‘(B) The President shall also transmit the priority list to the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate together with a list of all expenditures made during the prior fiscal year and the specific statutory authorization for each proposed land acquisition on the priority list. The Committee on Energy and Natural Resources shall review the priority list and not later than May 1 of each year shall transmit to the Committee on Appropriations of the Senate a priority list for land acquisitions for the next fiscal year for lands that have been specifically authorized for acquisition by statute.

      ‘(2) Amounts made available from the fund for Federal land acquisition projects shall be used for the following purposes and subpurposes:’ and

      (2) by redesignating paragraphs (1), (2), and (3) as subparagraphs (A), (B), and (C) respectively.

    (b) Section 7(b) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-9(b)) is amended to read as follows:

    ‘(b) ACQUISITION RESTRICTIONS- (1) LIMITATION ON EXPENDITURE- No money shall be obligated or expended for Federal land acquisition purposes under this section unless approved in an Act making appropriations.

    ‘(2) AUTHORIZATION REQUIREMENT- Appropriations from the funds pursuant to this section shall not be used for acquisition unless such acquisition is otherwise authorized by law: Provided, however, That appropriations from the fund may be used for preacquisition work in instances where authorization is imminent and where substantial monetary savings could be realized.

    ‘(3) WILLING SELLER- Amounts made available for Federal land acquisition purposes under this section shall not be used to acquire property unless--

      ‘(A) the owner of the property is willing to sell; or

      ‘(B) the acquisition is authorized by law and is conducted in accordance therewith.’.

TITLE III--WILDLIFE CONSERVATION AND RESTORATION

SEC. 301. DEFINITIONS.

    (a) REFERENCE TO LAW- The term ‘Federal Aid in Wildlife Restoration Act’ means the Act of September 2, 1937 (16 U.S.C. 669 et seq.), commonly referred to as the Federal Aid in Wildlife Restoration Act or the Pittman-Robertson Act.

    (b) DEFINITIONS- Section 2 of the Federal Aid in Wildlife Restoration Act (16 U.S.C. 669a) is amended to read as follows:

‘SEC. 2. DEFINITIONS.

    ‘As used in this Act--

      ‘(1) the term ‘conservation’ means the use of methods and procedures necessary or desirable to sustain healthy populations of wildlife, including all activities associated with scientific resources management such as research, census, monitoring of populations, acquisition, improvement and management of habitat, live trapping and transplantation, wildlife damage management, and periodic or total protection of a species or population, as well as the taking of individuals within wildlife stock or population if permitted by applicable State and Federal law;

      ‘(2) the term ‘Secretary’ means the Secretary of the Interior;

      ‘(3) the term ‘State fish and game department’ or ‘State fish and wildlife department’ means any department or division of department of another name, or commission, or official or officials, of a State empowered under its laws to exercise the functions ordinarily exercised by a State fish and game department or State fish and wildlife department.

      ‘(4) the term ‘wildlife’ means any species of wild, free-ranging fauna including fish, and also fauna in captive breeding programs the object of which is to reintroduce individuals of a depleted indigenous species into previously occupied range;

      ‘(5) the term ‘wildlife-associated recreation’ means projects intended to meet the demand for outdoor activities associated with wildlife including, but not limited to, hunting and fishing, wildlife observation 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;

      ‘(6) the term ‘wildlife conservation and restoration program’ means a program developed by a State fish and wildlife department and approved by the Secretary under section 304(d), the projects that constitute such a program, which may be implemented in whole or part through grants and contracts by a State to other State, Federal, or local agencies (including those that gather, evaluate, and disseminate information 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;

      ‘(7) the term ‘wildlife conservation education’ means projects, including public outreach, intended to foster responsible natural resource stewardship; and

      ‘(8) the term ‘wildlife-restoration project’ includes the wildlife conservation and restoration program and means the selection, restoration, rehabilitation, and improvement of areas of land or water adaptable as feeding, resting, or breeding places for wildlife, including acquisition of such areas or estates or interests therein as are suitable or capable of being made suitable therefor, and the construction thereon or therein of such works as may be necessary to make them available for such purposes and also including such research into problems of wildlife management as may be necessary to efficient administration affecting wildlife resources, and such preliminary or incidental costs and expenses as may be incurred in and about such projects.’.

SEC. 302. WILDLIFE CONSERVATION AND RESTORATION ACCOUNT.

    Section 3 of the Federal Aid in Wildlife Restoration Act (16 U.S.C. 669b) is amended--

      (1) in subsection (a) by inserting ‘(1)’ after ‘(a)’, and by adding at the end the following:

      ‘(2) There is established in the fund a subaccount to be known as the ‘Wildlife Conservation and Restoration Account’. Amounts transferred to the Secretary under section 2(b)(5) of the Conservation and Reinvestment Act shall be deposited in the subaccount and shall be available without further appropriation for obligation and expenditure, in each fiscal year, for apportionment in accordance with this Act to carry out State wildlife conservation and restoration programs.’; and

      (2) by adding at the end the following--

    ‘(c)(1) Amounts transferred to the Wildlife Conservation and Restoration Account 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 implementation of wildlife conservation and restoration programs and should be used to address the unmet needs for a diverse array of wildlife and associated habitats, including species not hunted or fished.

    ‘(2) Funds may be used by a State or an Indian tribe for the planning and implementation of its wildlife conservation and restoration program and wildlife conservation strategy, as provided in section 4(d) and (e) of this Act, including wildlife conservation, wildlife conservation education, and wildlife-associated recreation projects. Such funds may be used for new programs and projects as well as to enhance existing programs and projects.

    ‘(3) Priority for funding from the Wildlife Conservation and Restoration Account shall be for those species with the greatest conservation need.

    ‘(d) Notwithstanding subsections (a) and (b) of this section, with respect to amounts transferred to the Wildlife Conservation and Restoration Account from the Conservation and Reinvestment Act Fund, so much of such amounts apportioned to any State for any fiscal year as remains unexpended at the close thereof shall remain available for obligation in that State until the close of the second succeeding fiscal year.’.

SEC. 303. STATE APPORTIONMENTS.

    Section 4 of the Federal Aid in Wildlife Restoration Act (16 U.S.C. 669c) is amended by adding the following--

    ‘(c) APPORTIONMENT OF WILDLIFE CONSERVATION AND RESTORATION ACCOUNT- (1) Notwithstanding subsection (a), the Secretary may use not more than 2 percent of the revenues deposited into the Wildlife Conservation and Restoration Account in each fiscal year as necessary for expenses in the administration and execution of programs carried out under the Wildlife Conservation and Restoration Account and such amount shall be available therefor until the expiration of the next succeeding fiscal year. Within 60 days after the close of such fiscal year, the Secretary shall apportion any portion thereof as remains unexpended, if any, on the same basis and in the same manner as is provided under paragraphs (2) and (3).

    ‘(2) The Secretary, after deducting administrative expenses shall make the following apportionment from the Wildlife Conservation and Restoration Account:

      ‘(A) to the District of Columbia and to the Commonwealth of Puerto Rico, each a sum equal to not more than one-half of 1 percent thereof;

      ‘(B) to Guam, American Samoa, the Virgin Islands, and the Commonwealth of the Northern Mariana Islands, each a sum equal to not more than one-fourth of 1 percent thereof; and

      ‘(C) to Federally recognized Indian tribes, a sum equal to not more than 2 1/4 percent, one-third of which shall be allocated among the various tribes based on the ratio to which the trust land area of such tribe bears to the total trust land area of all such tribes and two-thirds of which shall be allocated based on the ratio to which the population of such tribe bears to the total population of all such tribes; except that no Indian tribe shall receive more than 5 percent per annum of the total annual amount made available to Indian tribes under this subsection.

    ‘(3) The Secretary shall apportion the remaining amount in the Wildlife Conservation and Restoration Account for each year among the States in the following manner:

      ‘(A) one-third of which is based on the ratio to which the land area of such State bears to the total land area of all such States; and

      ‘(B) two-thirds of which is based on the ratio to which the population of such State bears to the total population of all such States.

    ‘(4) The amounts apportioned under this paragraph shall be adjusted equitably so that no State shall be apportioned a sum which is less than 1 percent of the amount available for apportionment under this paragraph for any fiscal year or more than 5 percent of such amount.

    ‘(d) WILDLIFE CONSERVATION AND RESTORATION PROGRAM- (1) Any State, may apply to the Secretary for approval of a wildlife conservation and restoration program or for funds from the Wildlife Conservation and Restoration Account to develop a program which shall--

      ‘(A) contain provision for vesting in the State fish and wildlife department overall responsibility and accountability for development and implementation of the program; and

      ‘(B) contain provision for development and implementation of--

        ‘(i) wildlife conservation projects that expand and support existing wildlife programs to meet the needs of a diverse array of wildlife species, including a wildlife strategy as set forth in subsection (e),

        ‘(ii) wildlife associated recreation programs,

        ‘(iii) wildlife conservation education projects; and

      ‘(C) contain provisions for public participation in the development, revision, and implementation of projects and programs identified in subparagraph (B) of this subsection.

    ‘(2) If the Secretary finds that the wildlife conservation and restoration program submitted by a State complies with paragraph (1), the Secretary shall approve the program and shall set aside from the apportionment to the State made pursuant to

subsection (c) an amount that shall not exceed 75 percent of the estimated cost of developing and implementing the program.

    ‘(3)(A) Except as provided in subparagraphs (B) and (C), after the Secretary approves a State’s wildlife conservation and restoration program, the Secretary may make payments on a project that is a segment of the State’s wildlife conservation and restoration program as the project progresses. Such payments, including previous payments on the project, if any, shall not be more than the pro rata share of the United States for such project. The Secretary, under such regulations as he may prescribe, may advance funds representing the United States pro rata share of a project that is a segment of a wildlife conservation and restoration program, including funds to develop such program.

    ‘(B) Not more than 10 percent of the amounts apportioned to each State under this section for a State’s wildlife conservation and restoration program may be used for wildlife-associated recreation.

    ‘(C) Not more than 10 percent of the amounts apportioned to each State under this section for a State’s wildlife conservation and restoration program may be used for law enforcement.

    ‘(4) 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 and any of the Federally recognized Indian tribes with a wildlife conservation and restoration program.

    ‘(e) WILDLIFE CONSERVATION STRATEGY- Any State that receives an apportionment pursuant to subsection (c) shall, within five years of the date of the initial apportionment, develop and begin implementation of a wildlife conservation strategy based upon the best scientific information and data available that--

      ‘(1) integrates available information on the distribution and abundance of species of wildlife, including low population and declining species as the State fish and wildlife department deems appropriate, that exemplify and are indicative of the diversity and health of wildlife of the State;

      ‘(2) identifies the extent and condition of habitats and community types essential to conservation of species identified under paragraph (1);

      ‘(3) identifies the problems which may adversely affect the species identified under paragraph (1) and their habitats, and provides for research and surveys to identify factors which may assist in restoration and more effective conservation of such species and their habitats;

      ‘(4) determines those actions which should be taken to conserve the species identified under paragraph (1) and their habitats and establishes priorities for implementing such conservation actions;

      ‘(5) provides for periodic monitoring of species identified under paragraph (1) and their habitats and the effectiveness of the conservation actions determined under paragraph (4), and for adapting conservation actions as appropriate to respond to new information or changing conditions;

      ‘(6) provides for the review of the State wildlife conservation strategy and, if appropriate, revision at intervals of not more than ten years;

      ‘(7) provides for coordination by the State fish and wildlife department, during the development, implementation, review, and revision of the wildlife conservation strategy, with Federal, State, and local agencies and Indian tribes that manage significant areas of land or water within the State, or administer programs that significantly affect the conservation of species identified under paragraph (1) or their habitats.’.

TITLE IV--URBAN PARK PROGRAM

SEC. 401. TREATMENT OF AMOUNTS TRANSFERRED FROM THE CONSERVATION AND REINVESTMENT ACT FUND.

    Section 1013 of the Urban Park and Recreation Recovery Act (16 U.S.C. 2512) is amended to read as follows:

‘SEC. 1013. TREATMENT OF AMOUNTS TRANSFERRED FROM CONSERVATION AND REINVESTMENT ACT FUND.

    (a) IN GENERAL- Amounts transferred to the Secretary of the Interior under section 2(b)(6) of the Conservation and Reinvestment Act in a fiscal year shall be available for obligation and expenditure for the purpose of this section, without further appropriation and without fiscal year limitation. Any amounts that have 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 reapportioned by the Secretary among grantees under this title.

    ‘(b) ADMINISTRATIVE EXPENSES- Not more than four percent of the amounts made available under this section in each fiscal year, may be deducted by theSecretary for expenses in the administration and execution of this Act.

    ‘(c) LIMITATIONS ON ANNUAL GRANTS- After making the deduction under subsection (b), 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 recreation 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.

    ‘(d) LIMITATION ON USE FOR GRANT ADMINISTRATION- The Secretary shall establish a limit on the portion of any grant under this title, not to exceed 25 percent that may be used for grant and program administration.’.

SEC. 402. AUTHORITY TO DEVELOP NEW AREAS AND FACILITIES.

    Section 1003 of the Urban Park and Recreation Recovery Act (16 U.S.C. 2502) is amended by inserting ‘development of new recreation areas and facilities, including the acquisition of lands for such development,’ after ‘rehabilitation of critically needed recreation areas, facilities,’.

SEC. 403. DEFINITIONS.

    Section 1004 of the Urban Park and Recreation Recovery Act (16 U.S.C. 2503) is amended as follows:

      (1) In paragraph (j), by striking ‘and’ after the semicolon.

      (2) In paragraph (k), by adding ‘Commonwealth of’ after ‘and’ and before ‘the’ and by striking the period at the end and inserting a semicolon.

      (3) By adding at the end the following:

    ‘(l) ‘development grants’ means matching capital grants to units of local government to cover costs of development and construction on existing or new neighborhood recreation sites, including indoor and outdoor recreational areas and facilities, support facilities, and landscaping but excluding routine maintenance and upkeep activities; and

    ‘(m) ‘Secretary’ means the Secretary of the Interior.’.

SEC. 404. ELIGIBILITY.

    Section 1005(a) of the Urban Park and Recreation Recovery Act (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 and shall include, but not be limited to, the following:

      ‘(1) All political subdivisions included in Metropolitan, Primary, or Consolidated Statistical Areas, as determined by the most recent Census.

      ‘(2) Any other city, town, or group of cities or towns (or both) within such a Metropolitan Statistical 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. 405. GRANTS.

    Section 1006(a) of the Urban Park and Recreation Recovery Act (16 U.S.C. 2505(a)) is amended as follows:

      (1) by striking in the first sentence ‘rehabilitation and innovation’,

      (2) by striking in paragraph (1) ‘rehabilitation and innovation’, and

      (3) by striking in paragraph (2) ‘rehabilitation and innovative’.

SEC. 406. RECOVERY ACTION PROGRAMS.

    Section 1007(a) of the Urban Park and Recreation Recovery Act (16 U.S.C. 2506(a)) is amended--

      (1) in the first sentence, by inserting ‘development,’ after ‘commitments to ongoing planning,’; and

      (2) in paragraph (2), by inserting ‘development and’ after ‘adequate planning for’.

SEC. 407. STATE ACTION INCENTIVES.

    Section 1008 of the Urban Park and Recreation Recovery Act (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 Conservation Fund Activities- (1) The Secretary and general purpose local governments are encouraged to coordinate preparation of recovery action programs required by this title with State Plans or State Action Agendas required under section 6 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-8), including the allowance or flexibility in preparation of recovery action programs so they may be used to meet State and local qualifications for local receipt of Land and Water Conservation Fund grants or State grants for similar purposes or for other recreation or conservation purposes.

    ‘(2) The Secretary shall encourage States to consider the findings, priorities, strategies, and schedules included in the recovery action programs of their urban localities in preparation and updating of State plans in accordance with the public coordination and citizen consultation requirements of section 6(d) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-8(d)).’.

SEC. 408. CONVERSION OF RECREATION PROPERTY.

    Section 1010 of the Urban Park and Recreation Recovery Act (16 U.S.C. 2509) is amended to read as follows:

‘SEC. 1010. CONVERSION OF RECREATION PROPERTY.

    ‘(a) No property developed, acquired, improved or rehabilitated under this title shall, without the approval of the Secretary, be converted to any purpose other than public recreation purposes.

    ‘(b) The Secretary shall approve such conversion only if the grantee demonstrates no prudent or feasible alternative exists with the exception of those properties that are no longer a viable recreation facility due to changes in demographics or that must be abandoned because of environmental contamination or other condition that 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 of at least equal fair market value and reasonably equivalent usefulness and location; and is in accord with the current recreation recovery action plan of the grantee.’.

SEC. 409. REPEAL.

    Sections 1014 and 1015 of the Urban Park and Recreation Recovery Act (16 U.S.C. 2513, 2514) are repealed.

TITLE V--HISTORIC PRESERVATION

SEC. 501. HISTORIC PRESERVATION FUND AMENDMENTS.

    Section 108 of the National Historic Preservation Act (16 U.S.C. 470h) is amended--

      (1) by inserting ‘(a)’ before the first sentence of the first paragraph;

      (2) by inserting ‘(b)’ before the first sentence of the second paragraph;

      (3) by adding at the end the following:

    ‘(c) Amounts transferred to the Secretary under section 5(b)(8) of the Conservation and Reinvestment Act in a fiscal year shall be available for obligation and expenditure for the purposes of this Act, without further appropriation and without fiscal year limitation.

    ‘(d)(1) Of the amounts in the fund, $150,000,000 shall be available each fiscal year for obligation or expenditure in accordance with paragraph (2) of this section. Such amounts shall be made available without further appropriation, subject to the requirements of this Act, and shall remain available until expended.

    ‘(2) Of the amounts made available each fiscal year--

      ‘(A) $75,000,000 shall be available for State, local governmental, and tribal historic preservation programs as provided in section 101(b), (c), and (d) of this Act (16 U.S.C. 470a(b), (c), and (d));

      ‘(B) $15,000,000 shall be available for the American Battlefield Protection Program (16 U.S.C. 469k) for the protection of threatened battlefields; and

      ‘(C) the remainder shall be available to carry out this Act, except that not less than 50 percent of the amounts made available shall be used for preservation projects on historic properties or archaeological sites in accordance with this Act, with priority given to the preservation of endangered Federal historic properties or archaeological sites.

    ‘(e)(1)-The President shall include in the annual budget proposal a list of programs to be funded under subsection (d)(2)(C) and additional funding amounts, if any, for State, local governmental, and tribal historic programs in accordance with section 101(b), (c), and (d) of this Act.

    ‘(2) Except as provided in paragraph (3), during any fiscal year no money shall be obligated or expended for the programs identified in paragraph (d)(2)(C) unless approved in an Act making appropriations.

    ‘(3) If the Congress adjourns sine die without appropriating the full amount made available under subsection (d)(2)(C), 15 days after the date of such adjournment, the Secretary shall, without further appropriation, obligate and expend the difference between the full amount made available under subsection (d)(2)(C) and the amount appropriated, only as follows:

      ‘(A) to provide additional funding for State, local governmental, and tribal historic preservation programs as provided in section 101(b), (c), and (d) of this Act; or

      ‘(B) to fund preservation projects on endangered Federal historic properties or archaeological sites.’.

SEC. 502. AMERICAN BATTLEFIELD PROTECTION PROGRAM AMENDMENTS.

    The American Battlefield Protection Act of 1996 (16 U.S.C. 469k) is amended:

      (1) In subsection (c)(2), by adding at the end the following: ‘Priority for financial assistance for the preservation of Civil War Battlefields shall be given to sites identified as Priority 1 battlefields in the ‘Civil War Sites Advisory Commission Report on the Nation’s Civil War Battlefields’ issued in 1993’;

      (2) In subsection (d), by striking ‘$3,000,000’ and inserting ‘such sums as may be necessary’.

      (3) By repealing subsection (e) in its entirety.

TITLE VI--NATIONAL PARK AND INDIAN LAND RESTORATION PROGRAMS

SEC. 601. NATIONAL PARK SYSTEM RESOURCE PROTECTION.

    (a) AMOUNTS TRANSFERRED FROM THE CONSERVATION AND REINVESTMENT ACT FUND- Of the amounts transferred to the Secretary of the Interior under section 2(b)(9) of this Act, $100,000,000 shall be available for obligation and expenditure in accordance with this section without further appropriation and without fiscal year limitation.

    (b) USES- (1) Amounts made available under this section shall only be used to protect significant natural, cultural or historical resources at units of the National Park System that are threatened or in need of stabilization or restoration.

    (2) The Secretary is authorized to enter into cooperative agreements with State and local governments and other public and private organizations to carry out the purposes of this section.

    (3) No funds made available by this section shall be used for--

      (A) acquisition of lands or interests therein;

      (B) salaries of National Park Service permanent employees;

      (C) construction of roads;

      (D) construction of new visitor centers;

      (E) routine maintenance activities; or

      (F) specific projects which are funded by the Recreational Fee Demonstration Program (16 U.S.C. 4601-6a(note)).

    (c) PRIORITY LIST- (1)The President shall include in the annual budget proposal a priority list for projects to be funded under this section. The President shall also submit the priority list to the Committee on Resources of the House of Representatives and to the Committee on Energy and Natural Resources of the Senate.

    (2) In preparing the list of projects to be funded under this section, the Secretary shall give priority to projects that--

      (A) are identified in the park unit’s general management plan;

      (B) are included in authorized environmental restoration projects; or

      (C) are identified by the Secretary of the Interior as necessary to prevent immediate damage to a park unit’s natural, cultural, or historical resources or to protect the public health and safety.

    (d) FUNDING- (1) Except as provided in paragraph (2), during any fiscal year no money shall be obligated or expended for the purposes of this section unless approved in an Act making appropriations.

    (2) If the Congress adjourns sine die without appropriating the full amount transferred for this section, 15 days after the date of such adjournment, the Secretary shall, without further appropriation, obligate and expend the difference between the full amount transferred and the amount appropriated in accordance with the priority list submitted pursuant to subsection (c).

SEC. 602. INDIAN LANDS RESTORATION.

    (a) AMOUNTS TRANSFERRED FROM THE CONSERVATION AND REINVESTMENT ACT- Of the amounts transferred to the Secretary of the Interior under section 2(b)(9) of this Act, $25,000,000 shall be available for obligation and expenditure in accordance with this section without further appropriation and without fiscal year limitation.

    (b) COMPETITIVE GRANTS TO INDIAN TRIBES- (1) The Secretary shall administer a competitive grant program for Indian tribes to assist in the restoration of degraded lands, resource protection, or the protection of public health and safety. Priority shall be given 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. The Secretary shall develop the competitive grant program in consultation with Indian tribes.

    (2) The amount received for a fiscal year by a single Indian tribe in the form of grants under this subsection may not exceed 10 percent of the total amount available for that fiscal year for grants under this section.

    (3) As used in this section, the term ‘Indian tribe’, means--

      (A) an Indian tribe, band, nation, pueblo, village, or community that the Secretary recognizes as an Indian tribe under section 104 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 479a-1); or

      (B) in the case of Alaska, an Alaska Native Corporation (as defined in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602)).

TITLE VII--CONSERVATION EASEMENTS AND RURAL DEVELOPMENT

SEC.701. FARM AND RANCH LAND PROTECTION PROGRAM.

    (a) ESTABLISHMENT- The Secretary of Agriculture shall carry out a farm and ranch land protection program for the purpose of protecting farm and ranch 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 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 pending 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 Agriculture, 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 operated principally for, one or more of the conservation purposes specified in clause (i), (ii), or (iii) of section 170(h)(4)(A) of the Internal Revenue Code of 1986 and--

        (A) is described in section 501(c)(3) of such Code;

        (B) is exempt from taxation under section 501(a) of such Code; or

        (C) is described in paragraph (2) of section 509(a) of such Code, or paragraph (3) of such section, but is controlled by an organization 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 conservation 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 protection program and the terms and conditions of the grant.

    (g) WILLING SELLER- A conservation easement purchased with funds provided under this section shall be acquired only with the consent of the owner.

    (h) TECHNICAL ASSISTANCE- To provide technical assistance to carry out this section, the Secretary of Agriculture may use not more than 10 percent of the amount made available for any fiscal year under section 2(b)(10) of the Conservation and Reinvestment Act.

    (i) FUNDING- Amounts transferred to the Secretary of Agriculture under section 2(b)(10) of the Conservation and Reinvestment Act shall be available for obligation and expenditure for the purpose of this section, without further appropriation and without fiscal year limitation.

SEC. 702. FOREST SERVICE RURAL DEVELOPMENT.

    The Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2101 et seq.) is amended by adding at the end the following:

‘SEC. 21. RURAL DEVELOPMENT.

    ‘(a) USES- The Secretary shall conduct a Rural Development program to provide technical assistance to rural communities for sustainable rural development purposes.

    ‘(b) FUNDING- Amounts transferred to the Secretary of Agriculture under section 2(b)(11) of the Conservation and Reinvestment Act shall be available for obligation and expenditure for the purpose of this section, without further appropriation and without fiscal year limitation.’.

SEC. 703. NON--FEDERAL LANDS OF REGIONAL OR NATIONAL INTEREST.

    (a) COMPETITIVE GRANT PROGRAM- (1) The Secretary of the Interior may make grants to States for the conservation of non-Federal lands of clear regional or national interest.

    (2) In making a grant under this section, the Secretary shall consider the extent to which a proposed project described in the grant application will conserve the natural, historic, cultural, or recreational values of the non-Federal lands.

    (3) The Secretary shall give preference to proposed conservation projects--

      (A) that seek to protect ecosystems;

      (B) that are developed in collaboration with other States;

      (C) that are complementary to conservation or restoration programs undertaken on Federal lands;

      (D) that demonstrate public participation in the development of the project proposal; or

      (E) that are supported by communities and individuals in the immediate vicinity of the proposed project or who would be directly affected by the proposed project.

    (4) A grant awarded to a State under this subsection shall cover not more than 50 percent of the total cost of the conservation projects.

    (b) AUTHORIZED PROJECTS- The Secretary may not award a grant for any project under this section where the Federal contribution for such project exceeds $1 million, unless the project is authorized by an Act of Congress.

    (c) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated such sums as may be necessary to carry out this section.

SEC. 704. MAPPING EXISTING CONSERVATION EASEMENTS.

    (a) DEADLINE FOR COMPLETION- The Secretary of the Interior shall, not later than 48 months after the date of enactment of this Act, complete the mapping of all existing conservation easements acquired by the United States Fish and Wildlife Service before 1977 to protect wetlands.

    (b) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated such sums as may be necessary to carry out this section.

Calendar No. 804

106th CONGRESS

2d Session

H. R. 701

[Report No. 106-413]

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.


September 14, 2000

Reported with an amendment