[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4717 Introduced in House (IH)]







105th CONGRESS
  2d Session
                                H. R. 4717

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 7, 1998

 Mr. Young of Alaska (for himself, Mr. Dingell, Mr. Tauzin, Mr. Baker, 
Mr. John, Mr. Chambliss, Mr. Bob Schaffer of Colorado, Mr. Lampson, Mr. 
  Barcia, and Mr. Jefferson) introduced the following bill; which was 
                 referred to the Committee on Resources

_______________________________________________________________________

                                 A BILL


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

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Conservation and Reinvestment Act of 
1998''.

           TITLE I--OUTER CONTINENTAL SHELF IMPACT ASSISTANCE

SEC. 101. FINDINGS.

    The Congress finds and declares that--
            (1) the Nation owns valuable mineral assets that are 
        located both onshore and on the Federal Outer Continental Shelf 
        and the policy of the Federal Government is to develop those 
        resources for the benefit of the Nation, under certain 
        restrictions that are designed to prevent environmental damage 
        and other adverse impacts;
            (2) development of these resources of the Nation is 
        accompanied by unavoidable environmental impacts and public 
        service impacts in the States that host this development 
        whether the development occurs onshore or on the Federal Outer 
        Continental Shelf;
            (3) the Federal Government has a responsibility to assist 
        States that host the development of Federal mineral assets to 
        mitigate adverse environmental and public service impacts 
        incurred due to that development;
            (4) the Federal Government discharges its responsibility to 
        States that host onshore Federal mineral development by sharing 
        50 percent of the revenue derived from the mineral development 
        with the host State pursuant to section 35 of the Mineral 
        Leasing Act;
            (5) today Federal mineral development is occurring as far 
        as 200 miles offshore and occurs off the coasts of only 6 
        States and section 8(g) of the Outer Continental Shelf Lands 
        Act does not adequately compensate these States for the onshore 
        impacts of the offshore Federal mineral development;
            (6) Federal Outer Continental Shelf mineral development is 
        an important and secure source of our Nation's supply of oil 
        and natural gas;
            (7) the Outer Continental Shelf Advisory Committee of the 
        Department of the Interior, consisting of representatives of 
        coastal States, recommended in October 1997, that Federal 
        mineral revenue derived from the entire Outer Continental Shelf 
        be shared with all coastal States and territories to mitigate 
        onshore impacts from Federal offshore mineral development and 
        for other environmental mitigation;
            (8) Federal mineral assets are a nonrenewable, capital 
        asset of the Nation; the production and sale of this asset 
        produces revenue to the Nation that is also a capital asset of 
        the Nation; thus, a portion of the revenue derived from the 
        production and sale of Federal mineral should be reinvested in 
        the Nation through environmental mitigation and public service 
        improvements; and
            (9) it is fair to share a portion of the revenue derived 
        from Federal Outer Continental Shelf production with the 
        impacted States; an emphasis on where this production takes 
        place should not be construed as incentive for development.

SEC. 102. DEFINITIONS.

    For purposes of this title:
            (1) The term ``allocable share'' means, for a coastal 
        State, that portion of revenue that is available to be 
        distributed to that coastal State under this title. For an 
        eligible political subdivision of a coastal State, such term 
        means that portion of revenue that is available to be 
        distributed to that political subdivision under this title.
            (2) 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. 1455).
            (3) The term ``coastline'' has the same meaning that it has 
        in the Submerged Lands Act (43 U.S.C. 1301 et seq.).
            (4) The term ``eligible political subdivision'' means a 
        political subdivision of a coastal State which political 
        subdivision has a seaward boundary that lies within a distance 
        of 200 miles from the geographic center of any leased tract. 
        The Secretary shall annually provide a list of all eligible 
        political subdivisions of each coastal State to the Governor of 
        such State.
            (5) 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.
            (6) The term ``coastal State'' means any State of the 
        United States bordering on the Atlantic Ocean, the Pacific 
        Ocean, the Arctic Ocean, the Bering Sea, the Gulf of Mexico, or 
        any of the Great Lakes, Puerto Rico, Guam, American Samoa, the 
        Virgin Islands, and the Commonwealth of the Northern Mariana 
        Islands.
            (7) The term ``distance'' means minimum great circle 
        distance, measured in statute miles.
            (8) 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.
            (9) The term ``Governor'' means the highest elected 
        official of a coastal State.
            (10) The term ``leased tract'' means a tract, leased under 
        section 8 of the Outer Continental Shelf Lands Act (43 U.S.C. 
        1337) for the purpose of drilling for, developing and producing 
        oil and natural gas resources, which is a unit consisting of 
        either a block, a portion of a block, a combination of blocks 
        and/or portions of blocks, as specified in the lease, and as 
        depicted on an Outer Continental Shelf Official Protraction 
        Diagram.
            (11) The term ``qualified Outer Continental Shelf 
        revenues'' means all moneys received by the United States from 
        each leased tract or portion of a leased tract lying seaward of 
        the zone defined and governed by section 8(g) of the Outer 
        Continental Shelf Lands Act (43 U.S.C. 1337(g)), or lying 
        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.
            (12) 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.
            (13) The term ``Secretary'' means the Secretary of the 
        Interior or the Secretary's designee.

SEC. 103. IMPACT ASSISTANCE FORMULA AND PAYMENTS.

    (a) Establishment of Fund.--(1) There is established in the 
Treasury of the United States a fund which shall be known as the 
``Outer Continental Shelf Impact Assistance Fund'' (referred to in this 
Act as ``the Fund''). The Secretary shall deposit in the Fund in this 
section 27 percent of the qualified Outer Continental Shelf revenues.
    (2) The Secretary of the Treasury shall invest moneys in the Fund 
that are excess to expenditures at the written request of the 
Secretary, in public debt securities with maturities suitable to the 
needs of the Fund, as determined by the Secretary, and bearing interest 
at rates determined by the Secretary of the Treasury, taking into 
consideration current market yields on outstanding marketable 
obligations of the United States of comparable maturity.
    (b) Payment to States.--Notwithstanding section 9 of the Outer 
Continental Shelf Lands Act (43 U.S.C. 1338), the Secretary shall, 
without further appropriation, make payments in each fiscal year to 
coastal States and to eligible political subdivisions equal to the 
amount deposited in the Fund for the prior fiscal year, together with 
the portion of interest earned from investment of the funds which 
corresponds to that amount (reduced by any refunds paid under section 
107(b)). Such payments shall be allocated among the coastal States and 
eligible political subdivisions as provided in this section.
    (c) Determination of States' Allocable Shares.--
            (1) Allocable share for each state.--For each coastal 
        State, the Secretary shall determine the State's allocable 
        share of the total amount of the revenues deposited in the Fund 
        for each fiscal year using the following weighted formula:
                    (A) 50 percent of each State's allocable share 
                shall be computed as provided in paragraph (2).
                    (B) 25 percent of each State's allocable share 
                shall be based on the ratio of each State's shoreline 
                miles to the shoreline miles of all coastal States.
                    (C) 25 percent of the States allocable share shall 
                be based on the ratio of each State's coastal 
                population to the coastal population of all coastal 
                States.
            (2) Offshore outer continental shelf production share.--If 
        any portion of a coastal State lies within a distance of 200 
        miles from the geographic center of any leased tract, such 
        State shall receive part of its allocable share under paragraph 
        (1)(A) based on the Outer Continental Shelf oil and gas 
        production offshore of such State. Such part of its allocable 
        share shall be inversely 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), as determined by the 
        Secretary.
            (3) Minimum state share.--
                    (A) In general.--The allocable share of revenues 
                determined by the Secretary under this subsection for 
                each coastal State with an approved coastal management 
                program (as defined by the Coastal Zone Management Act 
                (16 U.S.C. 1451)) or which is making satisfactory 
                progress toward one shall not be less than 0.50 percent 
                of the total amount of the revenues deposited in the 
                Fund for each fiscal year. For any other coastal State 
                the allocable share of such revenues shall not be less 
                than 0.25 percent of such revenues.
                    (B) Recomputation.--Where one or more coastal 
                States' allocable shares, as computed under paragraph 
                (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 
                deposited in the fund is allocated to all coastal 
                States. The reduction shall be divided pro rata among 
                such other coastal States.
    (d) Payments to State.--50 percent of each State's allocable share, 
as determined under subsection (c), shall be paid to the State, except 
that in the case of a coastal State in which there is no eligible 
political subdivision, 100 percent of the State's allocable share, as 
determined under subsection (c), shall be paid to the State.
    (e) Payments to Political Subdivisions.--50 percent of each State's 
allocable share, as determined under subsection (c), shall be paid to 
the eligible political subdivisions in such State. Such payments shall 
be allocated among the eligible political subdivisions of the State 
according to ratios that are inversely proportional to the distance 
between the nearest point on the seaward boundary of each such eligible 
political subdivision and the geographic center of each leased tract or 
portion of the leased tract (to the nearest whole mile), as determined 
by the Secretary.
    (f) Time of Payment.--(1) Payments to coastal States and eligible 
political subdivisions under this section shall be made not later than 
December 31 of each year from revenues received and interest earned 
thereon during the immediately preceding fiscal year. Payment shall not 
commence before the date 12 months following the date of enactment of 
this Act.
    (2) Any amount in the Fund not paid to coastal States and eligible 
political subdivisions under this section in any fiscal year shall be 
disposed of according to the law otherwise applicable to receipts from 
leases on the Outer Continental Shelf.

SEC. 104. USES OF FUNDS.

    Funds received pursuant to this title shall be used by the coastal 
States and eligible political subdivisions for projects and activities, 
including but not limited to the following:
            (1) Air quality, water quality, fish and wildlife, 
        wetlands, or other coastal resources.
            (2) Other activities of such State or political 
        subdivision, authorized by the Coastal Zone Management Act of 
        1972 (16 U.S.C. 1451 et seq.), the provisions of subtitle B of 
        title IV of the Oil Pollution Act of 1990 (104 Stat. 523), or 
        the Federal Water Pollution Control Act (33 U.S.C. 1251 et 
        seq.).
            (3) Administrative costs of complying with the provisions 
        of this subtitle.
            (4) Uses related to the Outer Continental Shelf Lands Act.
            (5) Mitigating impacts of Outer Continental Shelf 
        activities including onshore infrastructure and public service 
        needs.

SEC. 105. OBLIGATIONS OF ELIGIBLE POLITICAL SUBDIVISIONS AND STATES.

    (a) Project Submission.--Prior to the receipt of funds pursuant to 
this title for any fiscal year, an eligible political subdivision must 
submit to the Governor of the State in which it is located a plan 
setting forth the projects and activities for which the eligible 
political subdivision proposes to expend such funds. Such plan shall 
state the amounts proposed to be expended for each project or activity 
during the upcoming fiscal year.
    (b) Project Approval.--Prior to the payment of funds pursuant to 
this title to any eligible political subdivision for any fiscal year, 
the Governor must approve the plan submitted by the eligible political 
subdivision pursuant to subsection (a) and notify the Secretary of such 
approval. State approval of any such plan shall be consistent with all 
applicable State and Federal law. In the event the Governor disapproves 
any such plan, the funds that would otherwise be paid to the eligible 
political subdivision shall be placed in escrow by the Secretary 
pending modification and approval of such plan, at which time such 
funds together with interest thereon shall be paid to the eligible 
political subdivision. Any eligible political subdivision that fails to 
receive approval from the Governor of such plan may appeal to the 
Secretary and the Secretary may approve or disapprove such plan based 
on the criteria set for in section 105.
    (c) Certification.--Not later than 60 days after the end of the 
fiscal year, any eligible political subdivision receiving funds under 
this title shall certify to the Governor--
            (1) the amount of such funds expended by the political 
        subdivision during the previous fiscal year;
            (2) the amounts expended on each project or activity;
            (3) a general description of how the funds were expended; 
        and
            (4) the status of each project or activity.

SEC. 106. ANNUAL REPORT; REFUNDS.

    (a) Report.--On June 15 of each year, the Governor of each State 
receiving moneys from the Fund under this title shall account for all 
moneys so received for the previous fiscal year in a written report to 
the Secretary and the Congress. The report shall include a description 
of all projects and activities receiving funds under this title, 
including all information required under section 105(c).
    (b) 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, 27 
percent of such refunds shall be paid from amounts available in the 
Fund.

     TITLE II--STATE, LOCAL, AND URBAN CONSERVATION AND RECREATION

SEC. 201. FINDINGS AND PURPOSE.

    (a) Findings.--The Congress finds the following:
            (1) The Land and Water Conservation Fund Act of 1965 
        embodied a visionary concept--that a portion of the proceeds 
        from Outer Continental Shelf mineral leasing revenues and the 
        depletion of a nonrenewable natural resource should result in a 
        legacy of public places accessible for conservation and public 
        recreation and benefit from resources belonging to all people, 
        of all generations, and the enhancement of the most precious 
        and most renewable natural resource of any nation, healthy and 
        active citizens.
            (2) The States and local governments were to occupy a 
        pivotal role in accomplishing the purposes of the Land and 
        Water Conservation Act of 1965 and the Act originally provided 
        an equitable portion of funds to the States, and through them, 
        to local governments.
            (3) However, because of competition for limited Federal 
        moneys and the need for an annual appropriation, this original 
        intention has been abandoned and, in recent years, the States 
        have not received an equitable proportion of funds.
            (4) Nonetheless, with population growth and urban sprawl, 
        the demand for conservation and recreation areas at the State 
        and local level, including urban localities, remains a high 
        priority for our citizens.
            (5) A new vision is called for--a vision that encompasses a 
        multilevel national network of parks, conservation and 
        recreation areas, that reaches across the country to touch all 
        communities. National parks are not enough; the Federal 
        government alone cannot accomplish this. A national vision, 
        backed by realistic national funding support, to stimulate 
        State, local, and private sector, as well as Federal efforts, 
        is the only way to effectively address our ongoing outdoor 
        conservation and recreation needs.
            (6) In addition to the demand at the State and local level, 
        there has been an increasing unmet need for Federal moneys to 
be made available for Federal purposes under the Land and Water 
Conservation Fund Act of 1965, with lands identified as important for 
Federal acquisition not being acquired for several years due to 
insufficient funds.
    (b) Purpose.--The purpose of this title is to revitalize and 
complement State, local, and private commitments envisioned in the Land 
and Water Conservation Fund Act of 1965 and the Urban Park and 
Recreation Recovery Act of 1978 by providing grants for State, local, 
and urban conservation and recreation needs, and to provide a secure 
source of Federal purposes under the Land and Water Conservation Fund 
Act of 1965.

SEC. 202. FUNDING FOR STATE, LOCAL, AND URBAN CONSERVATION AND 
              RECREATION.

    (a) Revenues.--Section 2 of the Land and Water Conservation Fund 
Act of 1965 (16 U.S.C. 460l-5(c)(1)) is amended by redesignating 
paragraph (1) of subsection (c) as subsection (d) and by amending 
subsection (c) to read as follows:
    ``(c) Outer Continental Shelf revenues.--23 percent of the 
qualified Outer Continental Shelf revenues (as defined in section 102 
of the Conservation and Reinvestment Act of 1998) shall also be covered 
into the Land and Water Conservation Fund in the Treasury in each 
fiscal year through September 30, 2015, but only to the extent that 
such revenues in such fiscal year do not exceed $900,000,000. Revenues 
covered into the fund under this subsection shall be available, without 
further appropriation, to carry out this Act.''.
    (c) Conforming Amendment.--Section 3 of the Land and Water 
Conservation Fund Act of 1965 (16 U.S.C. 460l-6) is amended by striking 
``Moneys'' and inserting ``Except as provided under section 2(c), 
moneys''.
    (d) Allocation of Funds.--Section 5 of the Land and Water 
Conservation Fund Act of 1965 (16 U.S.C. 460l-7) is amended as follows:
            (1) By striking ``Allocation'' and inserting ``(a) In 
        General'' after ``Sec 5.''.
            (2) By striking the second sentence and all that follows 
        down through the period at the end thereof.
            (3) By adding at the end the following new subsection at 
        the end:
    ``(b) Allocation.--Amounts available in the fund under section 
2(c)(1) of this Act (16 U.S.C. 460l-5(c)(1)) for obligation or 
expenditure may be obligated or expended only as follows--
            ``(1) 42 percent shall be available for Federal purposes. 
        25 percent of such moneys shall be made available to the 
        Secretary of Agriculture for the acquisition of lands, waters, 
        or interests in land or water within the exterior boundaries of 
        areas of the National Forest System or any other land 
        management unit established by Act of Congress and managed by 
        the Secretary of Agriculture, and 75 percent of such moneys 
        shall be available to the Secretary of the Interior for the 
        acquisition of lands, waters, or interests in land or water 
        within the exterior boundaries of areas of the National Park 
        System, National Wildlife Refuge System, or any other land 
        management unit established by Act of Congress and managed by 
        the Secretary of the Interior. At least \2/3\ of the moneys 
        available under this subparagraph for Federal purposes shall be 
        spent east of the 100th meridian.
            ``(2) 42 percent shall be available for financial 
        assistance to the States under section 6 of this Act (16 U.S.C. 
        460l-8) distributed according to the following allocation 
        formula:
                    ``(A) 60 percent shall be apportioned equally among 
                the States.
                    ``(B) 20 percent shall be appointed on the basis of 
                the ratio which the population of each State bears to 
                the total population of all States.
                    ``(C) 20 percent shall be apportioned on the basis 
                of the ratio which the acreage of each State bears to 
                the total acreage of all States.
            ``(3) 16 percent shall be available to local governments 
        through the Urban Parks and Recreation Recovery Program (16 
        U.S.C. 2501-2514) of the Department of the Interior.''.
    (e) Tribes and Alaska Native Village Corporations.--Section 6(b)(5) 
of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-
8(b)(5)) is amended as follows:
            (1) By inserting ``(A)'' after ``(5)''.
            (2) By adding at the end the following new subparagraph:
                    ``(B) For the purposes of paragraph (1), all 
                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 1 State, and shall 
                receive shares of the apportionment under paragraph (1) 
                in accordance with a competitive grant program 
                established by the Secretary by rule. Such rule shall 
                ensure that in each fiscal year no single tribe or 
                Village Corporation receives more than 10 percent of 
the total amount made available to all tribes and Village Corporations 
pursuant to the apportionment under paragraph (1). Funds received by an 
Indian tribe or Village Corporation under this subparagraph may be 
expended only for the purposes specified in paragraphs (1) and (3) of 
subsection (b).''.
    (f) Local Allocation.--Section 6(b) of the Land and Water 
Conservation Fund Act of 1965 (16 U.S.C. 460l-8(b)) is amended by 
adding the following new paragraph at the end:
            ``(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.''.
    (g) Match.--Subsection 6(c) of the Land and Water Conservation Fund 
Act of 1965 (16 U.S.C. 460l-8(c)) is amended to read as follows:
    ``(c) Matching Requirements.--Payments to any State shall cover not 
more than 50 percent of the cost of outdoor conservation and recreation 
planning, acquisition, or development projects that are undertaken by 
the State.''.
    (h) State Action Agenda.--(1) Section 6(d) of the Land and Water 
Conservation Fund Act of 1965 (16 U.S.C. 460l-8(d)) is amended to read 
as follows:
    ``(d) State Action Agenda Required.--Each State may define its own 
priorities and criteria for selection of outdoor conservation and 
recreation acquisition and development projects eligible for grants 
under this Act so long as it provides for public involvement in this 
process and publishes an accurate and current State Action Agenda for 
Community Conservation and Recreation 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 1998, a State 
Action Agenda for Community Conservation and Recreation that meets the 
following requirements:
            ``(1) The agenda must be strategic, originating in broad-
        based and long-term needs, but focused on actions that can be 
        funded over the next 4 years.
            ``(2) The agenda must be updated at least once every 4 
        years and certified by the Governor that the State Action 
        Agenda for Community Conservation and Recreation conclusions 
        and proposed actions have been considered in an active public 
        involvement process.
State Action Agendas for Community Conservation and Recreation 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 for 
Community Conservation and recreation. Each State shall assure that any 
requirements for local outdoor conservation and recreation planning 
that 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) Comprehensive State Plans developed by any State under section 
6(d) of the Land and Water Conservation Fund Act of 1965 before the 
date 5 years after the enactment of this Act shall remain in effect in 
that State until a State Action Agenda for Community Conservation and 
Recreation has been adopted pursuant to the amendment made by this 
subsection, but no later than 5 years after the enactment of this Act.
    (i) State Plans.--Subsection 6(e) of Land and Water Conservation 
Fund Act of 1965 (16 U.S.C. 460l-8(e)) is amended as follows:
            (1) By striking ``State comprehensive plan'' at the end of 
        the first paragraph and inserting ``State Action Agenda for 
        Community Conservation and Recreation''.
            (2) By striking ``State comprehensive plan'' in paragraph 
        (1) and inserting ``State Action Agenda for Community 
        Conservation and Recreation''.
            (3) By striking ``but not including incidental costs 
        related to acquisition'' at the end of paragraph (1).
    (j) Conversion.--Paragraph (3) of section 6(f) of the Land and 
Water Conservation Fund Act of 1965 (16 U.S.C. 460l-8(f)(3)) is amended 
by striking the second sentence and inserting: ``The Secretary shall 
approve such conversion only if the State demonstrates no prudent or 
feasible alternative exists with the exception of those properties that 
are no longer viable as an outdoor conservation and recreation facility 
due to changes in demographics or that must be abandoned because of 
environmental contamination which endanger public health and safety. 
Any conversion must satisfy any conditions the Secretary deems 
necessary to assure the substitution of other conservation and 
recreation properties of at least equal fair market value and 
reasonably equivalent usefulness and location and which are in accord 
with the existing State Action Agenda for Community Conservation and 
Recreation; 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.''.
    (k) Cost Limitations.--Section 7 of the Land and Water Conservation 
Fund Act of 1965 (16 U.S.C. 460l-9) is amended by adding the following 
at the end thereof:
    ``(d) Maximum Federal Cost Per Project.--No expenditure shall be 
made to acquire, construct, operate, or maintain any project under this 
section the total Federal cost of construction of which exceeds 
$1,000,000 unless the funds for such project have not been specifically 
allocated to the project in the legislation appropriating funds for the 
Federal agency concerned and such allocation has been approved by 
resolutions adopted by the Committee on Resources of the United States 
House of Representatives and the Committee on Energy and Natural 
Resources of the United States Senate.''.

SEC. 203. URBAN PARK AND RECREATION RECOVERY ACT OF 1978 AMENDMENTS.

    (a) Grants.--Section 1004 of the Urban Park and Recreation Recovery 
Act (16 U.S.C. 2503) is amended by redesignating subsections (d), (e), 
and (f) as subsections (f), (g), and (h) respectively, and by inserting 
the following after subsection (c):
    ``(d) `development grants' means matching capital grants to local 
units of government to cover costs of development and construction on 
existing or new neighborhood recreation sites, including indoor and 
outdoor recreation facilities, support facilities, and landscaping, but 
excluding routine maintenance and upkeep activities;
    ``(e) `acquisition grants' means matching capital grants to local 
units of government to cover the direct and incidental costs of 
purchasing new park land to be permanently dedicated and made 
accessible for public recreation use;''.
    (b) Eligibility.--Section 1005(a) of the Urban Park and Recreation 
Recovery Act (16 U.S.C. 2504) is amended to read as follows:
    ``(a) Eligibility of general purpose local governments to compete 
for assistance under this title shall be based upon need as determined 
by the Secretary. Generally, the list of eligible governments shall 
include the following:
            ``(1) All central cities of Metropolitan, Primary or 
        Consolidated Statistical Areas as currently defined by the 
        census.
            ``(2) All political subdivisions included in Metropolitan, 
        Primary or Consolidated Statistical Areas as currently defined 
        by the census.
            ``(3) Any other city or town within a Metropolitan Area 
        with a total population of 50,000 or more in the census of 
        1970, 1980, or subsequent updates.
            ``(4) Any other political subdivision, parish or township 
        with a total population of 250,000 or more in the census of 
        1970, 1980, or subsequent updates.''.
    (c) Matching Grants.--Subsection 1006(a) of the Urban Park and 
Recreation Recovery Act (16 U.S.C. 2505(a)) is amended by striking all 
through paragraph (3) and inserting the following:
    ``Sec. 1006. (a) The Secretary is authorized to provide 70 percent 
matching grants for rehabilitation, innovation, development, or 
acquisition purposes to eligible general purpose units of local 
government upon his approval of applications therefore by the chief 
executives of such governments.
            ``(1) At the discretion of such applicants, and if 
        consistent with an approved application, rehabilitation, 
        innovation, development, or acquisition grants may be 
        transferred in whole or in part to independent special purpose 
        local governments, private nonprofit agencies or political 
        subdivision or regional park authorities; except that such 
        general purpose units of local government shall provide 
        assurance to the Secretary that they will maintain public 
        recreation opportunities at assisted areas and facilities owned 
        or managed by them in accordance with section 1010 of this Act.
            ``(2) Payments may be made only for those rehabilitation, 
        innovation, development, or acquisition projects which have 
        been approved by the Secretary. Such payments may be made from 
        time-to-time in keeping with the rate of progress toward 
completion of a project, on a reimbursable basis.''.
    (d) Coordination.--Section 1008 of the Urban Park and Recreation 
Recovery Act (16 U.S.C. 2507) is amended by striking the last sentence 
and inserting the following: ``The Secretary and general purpose local 
governments are encouraged to coordinate preparation of recovery action 
programs required by this title with State Action Agendas for 
Conservation and Recreation required by section 6 of the Land and Water 
Conservation Fund Act of 1965, including the allowance of flexibility 
in local preparation of recovery action programs so that they may be 
used to meet State or local qualifications for local receipt of Land 
and Water Conservation Fund grants or State grants for similar purposes 
or for other conservation or recreation purposes. The Secretary shall 
also encourage States to consider the findings, priorities, strategies, 
and schedules included in the recovery action programs of their urban 
localities in preparation and updating of the State Action Agendas for 
Conservation and Recreation, in accordance with the public coordination 
and citizen consultation requirements of subsection 6(d) of the Land 
and Water Conservation Fund Act of 1965.''
    (e) Conversion.--Section 1010 of the Urban Park and Recreation 
Recovery Act (16 U.S.C. 2509) is amended by striking the first sentence 
and inserting the following: ``No property acquired or improved or 
developed under this title shall, without the approval of the 
Secretary, be converted to other than public recreation uses. The 
Secretary shall approve such conversion only if the grantee 
demonstrates no prudent or feasible alternative exists (with the 
exception of those properties that are no longer a viable recreation 
facility due to changes in demographics or must be abandoned because of 
environmental contamination which endanger public health and safety). 
Any conversion must satisfy any conditions the Secretary deems 
necessary to assure the substitution of other conservation and 
recreation properties of at least equal market value and reasonably 
equivalent usefulness and location and which are in accord with the 
current conservation and recreation recovery action program.''.
    (f) Repeal.--Section 1014 of the Urban Park and Recreation Recovery 
Act (16 U.S.C. 2513) is repealed.

            TITLE III--WILDLIFE CONSERVATION AND RESTORATION

SEC. 301. FINDINGS.

    The Congress finds and declares that--
            (1) a diverse array of species of fish and wildlife is of 
        significant value to the Nation for many reasons: aesthetic, 
        ecological, educational, cultural, recreational, economic, and 
        scientific;
            (2) it should be the objective of the United States to 
        retain for present and future generations the opportunity to 
        observe, understand, and appreciate a wide variety of wildlife;
            (3) millions of citizens participate in outdoor recreation 
        through hunting, fishing, and wildlife observation, all of 
        which have significant value to the citizens who engage in 
        these activities;
            (4) providing sufficient and properly maintained wildlife-
        associated recreational opportunities is important to enhancing 
        public appreciation of a diversity of wildlife and the habitats 
        upon which they depend;
            (5) lands and waters which contain species classified 
        neither as game nor identified as endangered or threatened also 
        can provide opportunities for wildlife-associated recreation 
        and education such as hunting and fishing permitted by 
        applicable State or Federal law;
            (6) hunters and anglers have for more than 60 years 
        willingly paid user fees in the form of Federal excise taxes on 
        hunting and fishing equipment to support wildlife diversity and 
        abundance, through enactment of the Federal Aid in Wildlife 
        Restoration Act (commonly referred to as the Pittman-Robertson 
        Act) and the Federal Aid in Sport Fish Restoration Act 
        (commonly referred to as the Dingell-Johnson/Wallop-Breaux 
        Act);
            (7) State programs, adequately funded to conserve a broader 
        array of wildlife in an individual State and conducted in 
        coordination with Federal, State, tribal, and private 
        landowners and interested organizations, would continue to 
        serve as a vital link in a nationwide effort to restore game 
        and nongame wildlife, and the essential elements of such 
        programs should include conservation measures which manage for 
        a diverse variety of populations of wildlife; and
            (8) it is proper for Congress to bolster and extend this 
        highly successful program to aid game and nongame wildlife in 
        supporting the health and diversity of habitat, as well as 
        providing funds for conservation education.

SEC. 302. PURPOSES.

    The purposes of this title are--
            (1) to extend financial and technical assistance to the 
        States under the Federal Aid to Wildlife 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 mandate of the States to conserve all 
        wildlife;
            (2) to assure sound conservation policies through the 
        development, revision and implementation of wildlife-associated 
        recreation and wildlife-associated education and wildlife 
        conservation law enforcement;
            (3) to encourage State fish and wildlife agencies to create 
        partnerships between the Federal Government, other State 
        agencies, wildlife conservation organizations, and outdoor 
        recreation and conservation interests through cooperative 
        planning and implementation of this title; and
            (4) to encourage State fish and wildlife agencies to 
        provide for public involvement in the process of development 
        and implementation of a wildlife conservation and restoration 
        program.

SEC. 303. DEFINITIONS.

    (a) Reference to Law.--In this title, the term ``Federal Aid in 
Wildlife Restoration Act'' means the Act of September 2, 1937 (16 
U.S.C. 669 et seq), commonly referred to as the Federal Aid in Wildlife 
Restoration Act or the Pittman-Robertson Act.
    (b) Wildlife Conservation and Restoration Program.--Section 2 of 
the Federal Aid in Wildlife Restoration Act (16 U.S.C. 669a) is amended 
by inserting after ``shall be construed'' in the first place it appears 
the following: ``to include the wildlife conservation and restoration 
program and''.
    (c) State Agencies.--Section 2 of the Federal Aid in Wildlife 
Restoration Act (16 U.S.C. 669a) is amended by inserting ``or State 
fish and wildlife department'' after ``State fish and game 
department''.
    (d) Conservation.--Section 2 of the Federal Aid in Wildlife 
Restoration Act (16 U.S.C. 669a) is amended by striking the period at 
the end thereof, substituting a 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' shall be construed to mean a program developed by 
a State fish and wildlife department that the Secretary determines 
meets the criteria in section 6(d), the projects that constitute such a 
program, which may be implemented in whole or part through grants and 
contracts by a State to other State, Federal, or local agencies 
wildlife conservation organizations and outdoor recreation and 
conservation education entities from funds apportioned under this 
title, and maintenance of such projects; the term `wildlife' shall be 
construed to mean any species of wild, free-ranging fauna including 
fish, and also fauna in captive breeding programs the object of which 
is to 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, 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.''.
    (e) 10 Percent.--Subsection 3(a) of the Federal Aid in Wildlife 
Restoration Act (16 U.S.C. 669b(a)) is amended in the first sentence 
by--
            (1) inserting ``(1)'' after ``(beginning with the fiscal 
        year 1975)''; and
            (2) inserting after ``Internal Revenue Code of 1954'' the 
        following: ``, and (2) from 10 percent of the qualified Outer 
        Continental Shelf revenues, as defined in section 102 of the 
        Conservation and Reinvestment Act of 1998,''.

SEC. 304. SUBACCOUNT AND REFUNDS.

    Section 3 of the Federal Aid in Wildlife Restoration Act (16 U.S.C. 
669b) is amended by adding at the end the following new subsections:
    ``(c) A subaccount shall be established in the Federal aid to 
wildlife restoration fund in the Treasury to be known as the `wildlife 
conservation and restoration account' and the credits to such account 
shall be equal to the 10 percent of Outer Continental Shelf revenues 
referred to in subsection (a)(2). Amounts in such account shall be 
invested by the Secretary of the Treasury as set forth in subsection 
(b) and shall be made available without further appropriation, together 
with interest, for apportionment at the beginning of fiscal year 1999 
and each fiscal year thereafter to carry out State wildlife 
conservation and restoration programs.
    ``(d) Funds covered into the wildlife conservation and restoration 
account shall supplement, but not replace, existing funds available to 
the States from the sport fish restoration and wildlife restoration 
accounts and shall be used for the development, revision, and 
implementation of wildlife conservation and restoration programs and 
should be used to address the unmet needs for a diverse array of 
wildlife and associated habitats, including species that are not hunted 
or fished, for wildlife conservation, wildlife conservation education, 
and wildlife-associated recreation projects; provided such funds may be 
used for new programs and projects as well as to enhance existing 
programs and projects.
    ``(e) Notwithstanding subsections (a) and (b) of this section, with 
respect to the wildlife conservation and restoration account so much of 
the appropriation apportioned to any State for any fiscal year as 
remains unexpended at the close thereof is authorized to be made 
available for expenditure in that State until the close of the fourth 
succeeding fiscal year. Any amount apportioned to any State under this 
subsection that is unexpended or unobligated at the end of the period 
during which it is available for expenditure on any project is 
authorized to be reapportioned to all States during the succeeding 
fiscal year.
    ``(f) In those instances where through judicial decision, 
administrative review, arbitration, or other means there are royalty 
refunds owed to entities generating revenues available for purposes of 
this Act, 10 percent of such refunds shall be paid from amounts 
available under subsection (a)(2).''.

SEC. 305. ALLOCATION OF SUBACCOUNT RECEIPTS.

    Section 4 of the Federal Aid in Wildlife Restoration Act (16 U.S.C. 
669c) is amended by adding the following new subsection:
    ``(c)(1) Notwithstanding subsection (a), so much, not to exceed 2 
percent, of the revenues covered into the wildlife conservation and 
restoration account in each fiscal year as the Secretary of the 
Interior may estimate to be necessary for expenses in the 
administration and execution of programs carried out under the wildlife 
conservation and restoration account shall be deducted for that 
purpose, and such sum is authorized to be made available therefor until 
the expiration of the next succeeding fiscal year, and within 60 days 
after the close of such fiscal year the Secretary of the Interior shall 
apportion such part thereof as remains unexpended, if any, on the same 
basis and in the same manner as is provided under paragraphs (2) and 
(3).
    ``(2) The Secretary of the Interior, after making the deduction 
under paragraph (1), shall make the following apportionment from the 
amount remaining in the wildlife conservation and restoration account:
            ``(A) to the District of Columbia and to the Commonwealth 
        of Puerto Rico, each a sum equal to not more than \1/2\ of 1 
        percent thereof; and
            ``(B) to Guam, American Samoa, the Virgin Islands, and the 
        Commonwealth of the Northern Mariana Islands, each a sum equal 
        to not more than \1/6\ of 1 percent thereof.
    ``(3) The Secretary of the Interior, after making the deduction 
under paragraph (1) and the apportionment under paragraph (2), shall 
apportion the remaining amount in the wildlife conservation and 
restoration account for each year among the States in the following 
manner:
            ``(A) \1/3\ of which is based on the ratio to which the 
        land area of such State bears to the total land area of all 
        such States; and
            ``(B) \2/3\ of which is based on the ratio to which the 
        population of such State bears to the total population of all 
        such States;
The amounts apportioned under this paragraph shall be adjusted 
equitably so that no such State shall be apportioned a sum which is 
less than \1/2\ of 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 Programs.--Any State, 
through its fish and wildlife department, may apply to the Secretary 
for approval of a wildlife conservation and restoration program or for 
funds to develop a program, which shall--
            ``(1) contain provision for vesting in the fish and 
        wildlife department of overall responsibility and 
        accountability for development and implementation of the 
        program; and
            ``(2) contain provision for development and implementation 
        of--
                    ``(A) wildlife conservation projects which expand 
                and support existing wildlife programs to meet the 
                needs of a diverse array of wildlife species,
                    ``(B) wildlife-associated recreation projects, and
                    ``(C) wildlife conservation education projects.
If the Secretary of the Interior finds that an application for such 
program contains the elements specified in paragraphs (1) and (2), the 
Secretary shall approve such application and set aside from the 
apportionment to the State made pursuant to section 4(c) an amount that 
shall not exceed 90 percent of the estimated cost of developing and 
implementing segments of the program for the first 5 fiscal years 
following enactment of this subsection and not to exceed 75 percent 
thereafter. Not more than 10 percent of the amounts apportioned to each 
State from this subaccount for the State's wildlife conservation and 
restoration program may be used for law enforcement. Following 
approval, the Secretary may make payments on a project that is a 
segment of the State's wildlife conservation and restoration program as 
the project progresses but such payments, including previous payments 
on the project, if any, shall not be more than the United States pro 
rata share of such project. The Secretary, under such 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. For 
purposes of this subsection, the term `State' shall include the 
District of Columbia, the Commonwealth of Puerto Rico, the United 
States Virgin Islands, Guam, American Samoa, and the Commonwealth of 
the Northern Mariana Islands.''.
    (b) FACA.--Coordination with State fish and wildlife agency 
personnel or with personnel of other State agencies pursuant to the 
Federal Aid in Wildlife Restoration Act or the Federal Aid in Sport 
Fish Restoration Act shall not be subject to the Federal Advisory 
Committee Act (5 U.S.C. App.) Except for the preceding sentence, the 
provisions of this title relate solely to wildlife conservation and 
restoration programs as defined in this title and shall not be 
construed to affect the provisions of the Federal Aid in Wildlife 
Restoration Act relating to wildlife restoration projects or the 
provisions of the Federal Aid in Sport Fish Restoration Act relating to 
fish restoration and management projects.

SEC. 306. LAW ENFORCEMENT AND PUBLIC RELATIONS.

    The third sentence of subsection (a) of section 8 of the Federal 
Aid in Wildlife Restoration Act (16 U.S.C. 669g) is amended by 
inserting before the period at the end thereof: ``, except that funds 
available from this subaccount for a State wildlife conservation and 
restoration program may be used for law enforcement and public 
relations''.

SEC. 307. PROHIBITION AGAINST DIVERSION.

    No designated State agency shall be eligible to receive matching 
funds under this title if sources of revenue available to it after 
January 1, 1998, 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 
foregoing.
                                 <all>