[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1749 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 1749

 To amend the Land and Water Conservation Fund Act of 1965 to increase 
the ability of State and local governments to protect and enhance open 
   spaces, enhance the capability of State and local governments to 
      provide recreational opportunities, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 20, 1993

Mr. Smith of New Jersey (for himself, Mr. Huffington, Mr. Roberts, Mr. 
 Ravenal, Mr. LaRocco, Mrs. Mink, Mr. Sensenbrenner, Mr. Serrano, Mr. 
  Pallone, Mr. Hughes, Mr. Torricelli, Mr. Machtley, and Mr. Markey) 
 introduced the following bill; which was referred to the Committee on 
                           Natural Resources

_______________________________________________________________________

                                 A BILL


 
 To amend the Land and Water Conservation Fund Act of 1965 to increase 
the ability of State and local governments to protect and enhance open 
   spaces, enhance the capability of State and local governments to 
      provide recreational opportunities, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Community Enhancement Act of 1993''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--The Congress finds that--
            (1) the population of the United States continues to expand 
        and the availability of open space continues to decrease in 
        many regions of the Nation, especially near large metropolitan 
        areas;
            (2) State governments and local communities are 
        increasingly hard-pressed to provide adequate funding for 
        recreation;
            (3) State governments and local communities have not 
        received funding as intended under the original Land and Water 
        Conservation Fund Act in which 60 percent of appropriated funds 
        was expected to be dedicated to State and local purposes;
            (4) the recreation and open space needs of State 
        governments and local communities have changed and now 
        represent a more dynamic and fluid environment that requires 
        greater flexibility in the ways in which Federal funds can be 
        used by the States and communities;
            (5) absent a secure base of funding, State and local 
        budgets are inadequate under current economic circumstances to 
        support the existing outdoor recreation infrastructure 
        established by such Act or to expand State and local 
        recreational resources to meet the population increases and 
        changing demographic configurations of citizens seeking outdoor 
        recreation opportunities;
            (6) the States have not received an equitable proportion of 
        funding sufficient for their outdoor recreation purposes as 
        Congress intended in order to encourage State and local action 
        consistent with the State's pivotal role in providing public 
        outdoor recreation;
            (7) the public is increasingly supportive of linking the 
        protection of natural, historic, and cultural resources;
            (8) in addition to the benefits of outdoor recreation on 
        public health that are recognized by the Land and Water 
        Conservation Fund Act of 1965 (16 U.S.C. 460l-4 and following), 
        outdoor recreation and the availability of open space within 
        urban areas are effective in lowering vandalism and juvenile 
        crime, and provide healthy environments for public 
        accommodation, enjoyment, and exercise;
            (9) urban and land use planners urgently recommend the 
        increased use of ``green spaces'' in urbanized areas in order 
        to mitigate environmental and population impacts and protect 
        surface and subsurface waters and wetlands that occur in or 
        near large populated areas; and
            (10) the population of the United States continues to 
        expand and the availability of open space continues to decrease 
        in many regions of the United States, especially near large 
        metropolitan areas.
    (b) Purpose.--It is the purpose of this Act to increase assistance 
to States, local governments, and private nonprofit organizations to 
carry out measures to protect and preserve the recreational, 
environmental, natural, scenic, historic, and cultural resources of 
areas of local, State, regional, and interstate significance, for the 
benefit of present and future generations of Americans.

SEC. 3. FINANCIAL ASSISTANCE TO STATES.

    (a) State Share.--Section 5 of the Land and Water Conservation Fund 
Act of 1965 (16 U.S.C. 460-7) is amended--
            (1) by inserting ``(a)'' before ``Alloca-tion.--''; and
            (2) by adding the following new subsection at the end 
        thereof:
    ``(b) State Allocation.--(1) Except as provided in paragraph (2), 
for the fiscal year 1994 and thereafter not less than the following 
percentage of appropriations from the fund shall be available for 
purposes of providing financial assistance to States under section 6:
  
                                                 Minimum Allocation for
Fiscal Year
                                                   Assistance to States
        1994.........................................        30 percent
        1995.........................................        40 percent
        1996 and thereafter..........................     50 percent''.
    ``(2) Paragraph (1) shall be applicable in fiscal year 1993 and 
thereafter only to the extent that compliance with such paragraph does 
not have the effect of reducing the amount of funds appropriated for 
Federal purposes under section 7 in the fiscal year concerned below the 
total amount appropriated for Federal purposes under section 7 in 
fiscal year 1992.''.
    (b) Uses of State Assistance.--Section 6 of the Land and Water 
Conservation Fund Act of 1965 (16 U.S.C. 460l-8) is amended as follows:
            (1) Matching requirements.--In the first sentence of 
        subsection (c), by striking out the period and inserting in 
        lieu thereof the following: ``, except as otherwise provided in 
        this subsection and subsection (h). Payments to States may 
        cover not more than 75 percent of the cost of acquisition of 
        lands, waters, and interests therein which (1) are within the 
        boundaries of units of the Wild and Scenic Rivers System, (2) 
        are within designated corridors of scenic or historic trail 
        components of the National Trails System, or (3) are necessary 
        or appropriate to protect national historic landmarks or 
        national natural landmarks. Payments to States may also cover 
        not more than 75 percent of the cost of revising comprehensive 
        State outdoor recreation plans to conform to the requirements 
        of subsection (d)(2).''.
            (2) Private nonprofit organizations.--In paragraph (2) of 
        subsection (f), by striking out the period at the end thereof 
        and inserting the following: ``or to a qualified nonprofit 
        organization, if such private nonprofit organizations (A) meet 
        and comply with such guidelines for the receipt and use of such 
        funds as may be prescribed by the Secretary, including 
        providing full accountability for the use of such funds, and 
        (B) utilize such funds only in association with the acquisition 
        of lands, the development of facilities, or for programs 
        related to planning and coordination functions, all as approved 
        in writing by the funds grantor. Funds may also be transferred 
        from political subdivisions or other appropriate public 
        agencies to qualified nonprofit organizations. No such funds 
        may be used by a private nonprofit organization for 
        administrative expenses. In the case of funds used for 
        acquisition, the recipient organization shall itself hold, or 
        shall convey in perpetuity in a timely manner, such interest as 
        it may have to an appropriate recipient, as determined by the 
        funds grantor, for public benefit. For purposes of this 
        paragraph, the term `qualified nonprofit organization' means an 
        organization qualified for exemption from income taxes under 
        section 501(c)(3) of the Internal Revenue Code of 1986 which 
        includes among its purposes the conservation of open space or 
        the providing of, or enhancement or protection of, outdoor 
        recreation opportunities.''.
            (3) Development funds.--Strike out the colon and all that 
        follows in subsection (e)(2) and insert a period and the 
        following: ``For purposes of this Act, the term `outdoor 
        recreation facilities' may include sheltered facilities. Not 
        more than 10 percent of the total amount allocated to any State 
        under subsection (b) in any one fiscal year may be used for 
        development of sheltered facilities and for non-routine 
        maintenance of any facilities acquired and developed with 
        financial assistance under this section. Nothing in the 
        preceding sentence shall be construed to authorize the use of 
        funds provided under this section for any other maintenance.''.
            (4) Additional provisions.--Add the following new 
        subsection at the end thereof:
    ``(h) Local Planning Assistance.--Notwithstanding the provisions of 
subsection (c), any county or other political subdivision of a State 
which is qualified to be a recipient of funds allocated to the States 
from this Act for acquisition purposes, may receive funds to cover not 
more than 50 percent of the cost of developing a local plan, or 
revising an existing plan, to retain land for recreation and open space 
preservation purposes. Such plan shall address specific needs and 
priorities for land conservation and recreation development. Such plan 
shall be developed or revised by providing ample opportunity for public 
participation in accordance with the provisions of subsection (d). 
Following official adoption of such plan and through September 30, 
1997, such county or other governmental entity may receive funds to 
cover not more than 60 percent of the cost of the acquisition of lands, 
waters or interests therein in accordance with the provisions of such 
officially adopted plan.''.
            (5) Indian tribes and alaska native village corporations.--
        In paragraph (5) of subsection (b), by inserting ``(A)'' after 
        ``(5)'' and by adding the following at the end thereof:
            ``(B)(i) For purposes of paragraph (1), federally 
        recognized Indian tribes and Alaska Native Village Corporations 
        (as defined in section 3(j) of the Alaska Native Claims 
        Settlement Act (43 U.S.C. 1602(j)) shall be treated 
        collectively as one State and shall receive shares of the 
        apportionment under paragraph (1) in accordance with a 
        competitive grant program established by the Secretary by rule. 
        Such rule shall assure that no single tribe or village 
        corporation receives funds under such program in any fiscal 
        year which exceeds 10 percent of the total amount made 
        available in that fiscal year to all tribes and village 
        corporations pursuant to the apportionment under paragraph (1). 
        Funds received by an Indian tribe or village corporation under 
        this subparagraph may be expended only for the purposes 
        specified in subsection (a) (1) and (3).
            ``(ii) In each fiscal year, in lieu of receiving funds 
        under clause (i), a tribe or Village Corporation may establish, 
        by written agreement with the State in which the tribe or 
        Corporation is located, the right of the tribe or Village 
        Corporation to compete for a portion of the funds made 
        available to the State pursuant to this section. Any tribe or 
        corporation which enters into an agreement under this clause 
        shall not be included as part of the collective allocation 
        under clause (i) or within the 10 percent limitation referred 
        to in clause (i). Each State's comprehensive statewide outdoor 
        recreation plan shall describe any agreement entered into 
        pursuant to this clause.''.

SEC. 4. STATEWIDE COMPREHENSIVE OUTDOOR RECREATION PLANS.

    Section 6(d) of the Land and Water Conservation Fund Act of 1965 
(16 U.S.C. 460l-8(d)) is amended by inserting ``(1)'' immediately after 
the subsection heading, by redesignating paragraphs (1), (2), (3) and 
(4) as subparagraphs (A), (B), (C), and (D), respectively, and by 
adding the following at the end thereof:
    ``(2) For fiscal year 1995 and thereafter, each statewide outdoor 
recreation plan shall contain each of the following:
            ``(A) A brief description of Federal and State activities 
        that adversely affect open space and recreational resources in 
        the State.
            ``(B) A brief and concise evaluation of the extent, in 
        general, to which local zoning or the lack of zoning 
        contributes to degradation of State and local projects funded 
        with assistance provided under this Act.''.

SEC. 5. OPEN SPACE PRESERVATION.

    The Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-4 
and following) is amended by adding the following new title at the end 
thereof:

                  ``TITLE III--OPEN SPACE PRESERVATION

``SEC. 301. ESTABLISHMENT.

    ``There is hereby established a program to provide Federal 
assistance to States, counties, municipalities, regional or interstate 
governments, or an agency thereof, private nonprofit organizations, or 
any combination thereof, to carry out programs and projects to provide 
public benefit through the protection or establishment of the 
following:
            ``(1) Greenways, which shall be linear parks or open spaces 
        linking natural and cultural features within or near 
        metropolitan areas. Such linear open spaces may be established 
        along a natural or other existing corridor. Such linked strip 
        or linear parks designated as parkways or greenbelts shall 
        provide for outdoor recreation and may additionally provide 
        natural or landscaped alternative transportation routes, 
        wildlife habitat, improvement of air and water quality, 
        increased flood control, and other attributes of open space 
        important to human health and welfare.
            ``(2) Urban Open Space Preserves, which shall be open 
        spaces with natural, rural, or agricultural character within 
        large metropolitan areas. Such designated open spaces shall 
        provide recreational opportunities and may additionally 
        increase social, aesthetic, and environmental qualities of 
        neighborhoods and communities, and may provide wildlife 
        habitat, and migration corridors, improve air quality, increase 
        protection from floods and other natural hazards, conserve 
        agricultural or forest resources, create community buffers or 
        enable the maintenance of other attributes of open space 
        important to human health and welfare.

``SEC. 302. STUDIES.

    ``(a) General Authority.--Pursuant to an authorization by Act of 
Congress, the Secretary of the Interior, or the Secretary of the 
Interior in cooperation with the Secretary of Agriculture, shall carry 
out such studies under this section as are hereafter authorized by the 
Congress for the purpose of evaluating the extent to which Federal 
assistance under section 303 for areas specified in any such 
congressional authorization would further the objectives specified in 
paragraph (1) or (2) of section 301 as well as whether such assistance 
would--
            ``(1) maximize cooperation between governmental and private 
        entities;
            ``(2) permit or enhance the linking of other existing or 
        potential open space units; and
            ``(3) demonstrate the values of open space and reduce the 
        social and economic pressures threatening the continued 
        availability of open space resources.
A study under this section shall be carried out by the Secretary in 
consultation with interested local, State, and interstate agencies, 
public and private organizations, and concerned landowners and land 
users. The Secretary shall have authority to contract with an 
appropriate State agency to conduct such studies.
    ``(b) Items Included in Study.--Each study of an area pursuant to 
this section shall include each of the following:
            ``(1) A map of the study area.
            ``(2) A statement of or strategy for developing a statement 
        of goals and policies to guide the future of the area under 
        study.
            ``(3) A description of the characteristics of the area 
        which make the proposed area worthy of assistance under section 
        303. Such description shall include a summary of any comments 
        submitted by any government agency, public or private 
        organization, or affected landowner or land user.
            ``(4) An analysis of the current status of public and 
        private land ownership and an analysis of current public and 
        private land use within the area, including an assessment of 
        the attitudes of landowners and local officials toward present 
        and future uses of the study area.
            ``(5) An analysis of measures which have been or may be 
        taken by Federal, State, and local governments, and by all 
        other private and public entities to protect, preserve, and 
        enhance, the recreational, environmental, natural, aesthetic, 
        historic, and cultural values of the area, and the associated 
        costs.
            ``(6) An analysis of economic and social benefits and costs 
        which may result from current and alternative land use 
        scenarios.
            ``(7) A public involvement plan.
            ``(8) A strategy for identifying sources of revenues and 
        assistance to aid in the future management or protection of the 
        area.
    ``(c) Submission to Congress; Other Studies.--Upon his completion 
of any study carried out by the Secretary under this section, the 
Secretary shall submit such study to Congress. Any study initiated and 
conducted by any State or local government or by any nonprofit 
organization regarding the preservation of an open space area referred 
to in section 301 may be submitted to the Secretary in lieu of a study 
conducted by the Secretary. Unless the Secretary finds, after notice 
and public hearing, that such study has not been carried out in 
consultation with interested local, State, and interstate agencies, 
public and private organizations, and landowners and land users 
concerned or that the study is not generally consistent with 
subsections (a) and (b) of this section, the Secretary shall submit 
such study to the Congress, together with any comments which the 
Secretary deems appropriate within 6 months after his receipt thereof.

``SEC. 303. OPEN SPACE PROTECTION ASSISTANCE.

    ``(a) In General.--Following receipt of a study submitted under 
section 302 regarding the need for Federal financial assistance to 
preserve and protect any open space area described in section 301 the 
Congress may authorize appropriations to the Secretary of the Interior 
to be expended by the Secretary or by the Secretary in cooperation with 
the Secretary of Agriculture to provide assistance in the form of 
grants to States, counties, municipalities, regional or interstate 
governments, or an agency thereof, or private nonprofit organizations, 
or any combination thereof, to carry out programs and projects designed 
to preserve and protect such area.
    ``(b) Private Nonprofit Organizations.--Federal assistance may be 
provided to a qualified nonprofit organization (as defined in the 
provisions of section 6(f)(2)) if such organization meets and complies 
with the same requirements as specified in section 6(f)(2) for 
qualified organizations receiving funds under those provisions.
    ``(c) Matching Requirements.--Assistance under this title shall 
cover not more than 50 percent of the cost of projects that are 
undertaken. The remaining share of the cost shall be borne by the 
recipient in a manner and with such funds or services as shall be 
satisfactory to the Secretary. No payment may be made to any recipient 
for or on account of any cost or obligation incurred or any service 
rendered prior to the date of approval of this title.''.

SEC. 6. LOANS FOR RECREATION AND OPEN SPACE PROTECTION.

    The Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-4 
and following), as amended by section 5, is further amended by adding 
the following new title after title III:

  ``TITLE IV--EMERGENCY RECREATION AND OPEN SPACE PROTECTION LOAN FUND

``SEC. 401. EMERGENCY RECREATION AND OPEN SPACE PROTECTION LOAN FUND.

    ``(a) Loan Assistance.--In addition to the allocation under section 
5(a) for Federal purposes under section 7, and the allocation under 
section 5(b) for financial assistance to States under section 6, of the 
amounts available in the fund for fiscal years after fiscal year 1993, 
such sums as may be necessary are authorized to be appropriated to 
finance the subsidy costs of not more than $250,000,000 in direct loans 
made by the Secretary of the Interior for purposes as provided in this 
section.
    ``(b) Administrative Provisions.--No loan, including any renewal or 
extension thereof, shall be made under this section for a period 
exceeding 30 years. Each such loan shall bear interest at a rate 
determined by the Secretary of the Treasury taking into consideration 
the current average market yield on outstanding marketable obligations 
of the United States with remaining periods of maturity comparable to 
the average maturity of such loan, adjusted to the nearest one-half of 
1 percent, less not to exceed 4 percent per year. The recipient of each 
such loan shall be required to pay to the Secretary a one percent loan 
origination fee at the time the loan is made. No loan may be made under 
this section unless the Secretary determines that there is a reasonable 
assurance of repayment. No loan may be made under this section unless 
the financial assistance provided pursuant to such loan is not 
otherwise available to the recipient from private lenders or from other 
sources within the necessary time frame and in a manner which, in the 
opinion of the Secretary, will permit the timely accomplishment of the 
project for which such loan is made or which cannot be obtained for 
reasonable terms.
    ``(c) Projects Eligible for Assistance.--The Secretary may make 
loans under this section to States, counties, municipalities, special 
districts, regional or interstate governments or an agency thereof if 
the Secretary determines that the recreational resources associated 
with the loan request are of vital significance to the community and 
are in imminent danger of damage or when an opportunity to address a 
severe recreation deficiency will be foregone. Such loans may be made 
available for--
            ``(1) any project or program which would provide outdoor 
        recreation through acquisition of land, waters, or interest in 
        land or water, or development of basic outdoor recreation 
        facilities to serve the general public, or which provide public 
        benefit, or
            ``(2) project costs which are nonrecurring or nonroutine 
        and which are required for the construction, rehabilitation and 
        maintenance of public recreational facilities.
Entities with public facilities eligible for funds under this provision 
shall demonstrate to the Secretary that the work funded is necessary in 
order to meet vital recreational needs without which, in the opinion of 
the Secretary, the health and welfare of the public will be adversely 
impacted. No funds shall be available under this section for routine 
operation and maintenance expenses.
Funds available through this loan program may not be used for planning 
purposes.
    ``(d) Special Provisions.--Funding under this section shall be 
available for up to 100 percent of the costs of the program or project 
for which such funding is provided, but, in selecting projects to be 
funded, the Secretary shall give a priority to those projects for which 
there is partial funding from one or more other sources and to projects 
which involve private contributions, including contributions in kind.
    ``(e) Advisory Board.--The Secretary shall establish an advisory 
board to assist in the selection of projects to receive assistance 
under this section, and to assure the terms and conditions of agreement 
for the loan are monitored and maintained. The advisory board shall 
review all applications for assistance submitted under this section in 
a timely manner as required to support the intent of the provisions of 
this section and make recommendations to the Secretary regarding the 
funding of such projects. The Board shall act on each eligible request 
no more than 60 days from receipt of the application. The Secretary 
shall respond within 30 days of the Board's recommendation through 
either award of the loan or notification to the applicant that an 
assistance will not be made. No project shall receive assistance under 
this section until the Secretary has received the recommendations of 
the advisory board. The Secretary has the authority to promulgate such 
regulations as may be required to carry out the provisions of this 
title.''.

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HR 1749 IH----2