[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 2566 Introduced in Senate (IS)]







105th CONGRESS
  2d Session
                                S. 2566

To provide Coastal Impact Assistance to State and local governments, to 
  amend the Outer Continental Shelf Lands Act Amendments of 1978, the 
   Land and Water Conservation Fund Act of 1965, the Urban Park and 
 Recreation Recovery Act, 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 SENATE OF THE UNITED STATES

              October 7 (legislative day, October 2), 1998

  Ms. Landrieu (for herself, Mr. Murkowski, Mr. Lott, Mr. Breaux, Mr. 
 D'Amato, Mr. Cleland, Mr. Johnson, Mr. Cochran, Ms. Mikulski, and Mr. 
   Sessions) introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
To provide Coastal Impact Assistance to State and local governments, to 
  amend the Outer Continental Shelf Lands Act Amendments of 1978, the 
   Land and Water Conservation Fund Act of 1965, the Urban Park and 
 Recreation Recovery Act, 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 ``Reinvestment and Environmental 
Restoration Act of 1998''.

                   TITLE I--COASTAL IMPACT ASSISTANCE

SEC. 101. SHORT TITLE.

  This title may be cited as the ``Coastal Conservation and Impact 
Assistance Act of 1998''.

SEC. 102. AMENDMENT TO OUTER CONTINENTAL SHELF LANDS ACT.

    The Outer Continental Shelf Lands Act Amendments of 1978 (92 Stat. 
629), as amended, is amended to add at the end thereof a new Title VII 
as follows:

``SEC. 701. FINDINGS.

    ``The Congress finds and declares that--
            ``(1) The Nation owns valuable mineral resources that are 
        located both onshore and in the Federal Outer Continental 
        Shelf, and the Federal Government develops these resources for 
        the benefit of the Nation, under certain restrictions designed 
        to prevent environmental damage and other adverse impacts.
            ``(2) Nonetheless, the development of these mineral 
        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 the 
        States affected by development of Federal mineral resources to 
        mitigate adverse environmental and public service impacts 
        incurred due to that development.
            ``(4) The Federal Government discharges its responsibility 
        to States where onshore Federal mineral development occurs by 
        sharing 50 percent of the revenue derived from the Federal 
        mineral development in that State pursuant to section 35 of the 
        Mineral Leasing Act.
            ``(5) Federal mineral development is occurring as far as 
        200 miles offshore and occurs off the coast of only 6 States, 
        yet 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) Further technological advancements in oil and natural 
        gas exploration and production need to be pursued and 
        encouraged.
            ``(8) These technological achievements have and will 
        continue to result in new Outer Continental Shelf production 
        having an unparalleled record of excellence on environmental 
        safety issues.
            ``(9) Additional technological advances with appropriate 
        incentives will further improve new resource recovery and 
        therefore increase revenues to the Treasury for the benefit of 
        all Americans who enjoy programs funded by Outer Continental 
        Shelf moneys.
            ``(10) 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; and
            ``(11) The Nation's Federal mineral resources are a 
        nonrenewable, capital asset of the Nation, with the production 
        and sale of this resource producing revenue for the Nation, a 
        portion of the revenue derived from the production and sale of 
        Federal mineral resources should be reinvested in the Nation 
        through environmental mitigation and public service 
        improvements.

``SEC. 702. DEFINITIONS.

    ``For purposes of this Act:
            ``(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 
        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. Sec. 1455).
            ``(3) The term `coastline' has the same meaning that is has 
        in the Submerged Lands Act (43 U.S.C. Sec. 1301 et seq.).
            ``(4) The term `eligible political subdivision' means a 
        coastal 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 Act.
            ``(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. 
        Sec. 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 `revenues' means all moneys received by the 
        United States as 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. Sec. 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. 703. 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 27 percent of the 
revenues 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. Sec. 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.
    ``(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. Sec. 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 
705(c)). 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) 25 percent of the State's allocable share 
                shall be based on the ratio of such State's shoreline 
                miles to the shoreline miles of all coastal States.
                    ``(B) 25 percent of the State's allocable share 
                shall be based on the ratio of such State's coastal 
                population to the coastal population of all coastal 
                States.
                    ``(C) 50 percent of the State's allocable share 
                shall be computed based upon Outer Continental Shelf 
                production. 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 50 
                percent of its allocable share 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.
    ``(2) 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. Sec. 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 compared under paragraph 
                (1), 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 States and Political Subdivisions.--Each coastal 
State's allocable share shall be divided between the State and 
political subdivision in that State as follows:
            ``(1) 40 percent of each State's allocable share, as 
        determined under subsection (c), shall be paid to the State;
            ``(2) 40 percent of each State's allocable share, as 
        determined under subsection (c), shall be paid to the eligible 
        political subdivisions in such State, with the funds to be 
        allocated among the eligible political subdivisions using the 
        following weighted formula:
                    ``(A) 50 percent of an eligible political 
                subdivision's allocable share shall be based on the 
                ratio of that eligible political subdivision's acreage 
                within the State's coastal zone, as defined in an 
                approved State coastal management program (as defined 
                by the Coastal Zone Management Act (16 U.S.C. 
                Sec. 1451)), to the entire acreage within the coastal 
                zone in such State: Provided, however, That if the 
                State in which the eligible subdivision is located does 
                not have an approved coastal management program, then 
                the allocable share shall be based on the ratio of that 
                eligible political subdivision's shoreline miles to the 
                total shoreline miles in that coastal State.
                    ``(B) 25 percent of an eligible political 
                subdivision's allocable share shall be based on the 
                ratio of such eligible political subdivision's coastal 
                population to the coastal population of all eligible 
                political subdivisions in that State.
                    ``(C) 25 percent of an eligible political 
                subdivision's allocable share shall be based on 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.
            ``(3) 20 percent of each State's allocable share, as 
        determined under subsection (c), shall be allocated to 
        political subdivisions in the coastal State that do not qualify 
        as eligible political subdivisions but which are determined by 
        the Governor or the Secretary to have impacts from Outer 
        Continental Shelf related activities and which have an approved 
        plan under this subsection.
            ``(4) Project submission.--Prior to the receipt of funds 
        pursuant to this subsection for any fiscal year, a 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 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.
            ``(5) Project approval.--(A) Prior to the payment of funds 
        pursuant to this subsection to any political subdivision for 
        any fiscal year, the Governor must approve the plan submitted 
        by the political subdivision pursuant to this subsection 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 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 
        political subdivision.
                    ``(B) A political subdivision that fails to receive 
                approval from the Governor for a plan may appeal to the 
                Secretary and the Secretary may approve or disapprove 
                such plan based on the criteria set forth in section 
                704: Provided, however, That the Secretary shall have 
                no authority to consider an appeal of a political 
                subdivision if the Governor of the State has certified 
                in writing to the Secretary that the State has adopted 
                a State program that by its express terms addresses the 
                allocation of revenues to political subdivisions.
    ``(e) Time of Payment.--(1) Payments to coastal States and 
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 
political subdivisions under this section in any fiscal year shall be 
disposed of according to the law otherwise applicable to revenues from 
leases on the Outer Continental Shelf.

``SEC. 704. USES OF FUNDS.

    ``Funds received pursuant to this Act shall be used by the coastal 
States and 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, including shoreline 
        protection and coastal restoration.
            ``(2) Other activities of such State or political 
        subdivision, authorized by the Coastal Zone Management Act of 
        1972 (16 U.S.C. Sec. 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. Sec. 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. 705. CERTIFICATION; ANNUAL REPORT; REFUNDS.

    ``(a) Certification.--Not later than 60 days after the end of the 
fiscal year, any political subdivision receiving moneys from the Fund 
must 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.
    ``(b) Report.--On June 15 of each year, the Governor of each State 
receiving moneys from the Fund shall account for all moneys so received 
for the previous fiscal year in a written report to the Secretary and 
the Congress. This report shall include a description of all projects 
and activities receiving funds under this Act, including all 
information required under subsection (a).
    ``(c) 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 Act, 27 percent 
of such refunds shall be paid from amounts available in the Fund.''.

SEC. 103. AMENDMENT TO SECTION 8 OF THE OUTER CONTINENTAL SHELF LANDS 
              ACT.

    The first sentence of section 8(g)(2) of the Outer Continental 
Shelf Lands Act (43 U.S.C. Sec. 1337(g)(2)) is amended by inserting 
after ``three nautical miles'' each place it appears the following: 
``(or in the case of Alabama, nine nautical miles)''.

           TITLE II--LAND AND WATER CONSERVATION FUND REFORM

SEC. 201. SHORT TITLE.

    This title may be cited as the ``Land and Water Conservation Fund 
Reform Act of 1998''.

SEC. 202. 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 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 Fund 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 recreation and conservation areas, at the State 
        and local level, including urban localities, remains a high 
        priority for our citizens.
            (5) 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, with lands identified 
        as important for Federal acquisition not being acquired for 
        several years due to insufficient funds.
            (6) A new vision is called for--a vision that encompasses a 
        multilevel national network of parks, recreation and 
        conservation 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 
        recreation and conservation needs.
    (b) Purpose.--The purpose of this title is to provide a secure 
source of funds available for Federal purposes authorized by the Land 
and Water Conservation Fund Act of 1965 and 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 recreation and conservation needs.

SEC. 203. LAND AND WATER CONSERVATION FUND AMENDMENTS.

    (a) Revenues.--Section 2(c)(1) of the Land and Water Conservation 
Fund Act of 1965 (16 U.S.C. Sec. 460l-5(c)(1)) is amended as follows:
            (1) By inserting ``(A)'' after ``(c)(1)''.
            (2) By striking ``there are authorized'' and all that 
        follows and inserting ``from 16 percent of the revenues, as 
        that term is defined in the Reinvestment and Environmental 
        Restoration Act of 1998, shall be deposited in the Land and 
        Water Conservation Fund in the Treasury and shall be available, 
        without further appropriation, to carry out this Act for each 
        fiscal year thereafter through September 30, 2015.''
            (3) By adding at the end the following new subparagraph:
                    ``(B) 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, 
                16 percent of such refunds shall be paid from amounts 
                available under this subsection.''.
    (b) Authorization.--Section 2(c)(2) of the Land and Water 
Conservation Fund Act of 1965 (16 U.S.C. Sec. 460l-5(c)(2)) is amended 
by striking ``equivalent amounts provided in clause (1)'' and inserting 
``$900,000,000''.
    (c) Appropriation.--Section 3 of the Land and Water Conservation 
Fund Act of 1965 (16 U.S.C. Sec. 460l-6) is amended by striking 
``Moneys'' and inserting ``Except as provided under section 460l-
5(c)(1), moneys''.
    (d) Allocation of Funds.--Section 5 of the Land and Water 
Conservation Fund Act of 1965 (16 U.S.C. Sec. 460l-7) is amended as 
follows:
            (1) by inserting ``(a)'' at the beginning;
            (2) by striking ``Those appropriations from the fund'' and 
        all that follows; and
            (3) by adding at the end the following new subsection:
    ``(b) Moneys credited to the fund under section 2(c)(1) of this Act 
(16 U.S.C. Sec. 460l-5(c)(1)) for obligation or expenditure may be 
obligated or expended only as follows--
            ``(1) 45 percent shall be available for Federal purposes. 
        Notwithstanding section 7 of this Act (16 U.S.C. Sec. 460l-9), 
        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 an 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 other land 
        management unit established by an Act of Congress: Provided, 
        That at least two-thirds of the moneys available under this 
        paragraph for Federal purposes shall be spent east of the 100th 
        meridian.
            ``(2) 45 percent shall be available for financial 
        assistance to the States under section 6 of this Act (16 U.S.C. 
        Sec. 460l-8) distributed according to the following allocation 
        formula;
                    ``(A) 60 percent shall be apportioned equally among 
                the several States;
                    ``(B) 20 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;
                    ``(C) 20 percent shall be apportioned on the basis 
                of the urban population in each State (as defined by 
                Metropolitan Statistical Areas).
            ``(3) 10 percent shall be available to local governments 
        through the Urban Parks and Recreation Recovery Program (16 
        U.S.C. Sec. Sec. 2501-2514) of the Department of the Interior.
So much, not to exceed 2 percent, of the total of such moneys credited 
to the fund under section 2(c)(1) of this Act (16 U.S.C. Sec. 460l-
5(c)) in each fiscal year as the Secretary of the Interior may estimate 
to be necessary for expenses in the administration and execution of 
this subsection 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 shall apportion such part thereof as remains 
unexpended, if any, on the same basis and in the same manner as is 
provided under paragraphs (1), (2) and (3).''.
    (e) Tribes and Alaska Native Village Corporations.--Subsection 
6(b)(5) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 
Sec. 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.--Subsection 6(b) of the Land and Water 
Conservation Fund Act of 1965 (16 U.S.C. Sec. 460l-8(b)(5)) is amended 
by adding at the end the following new paragraph:
            ``(6) Absent some compelling and annually documented reason 
        to the contrary acceptable to the Secretary, 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. Sec. 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 recreation and conservation 
planning, acquisition or development projects that are undertaken by 
the State.''.
    (h) State Action Agenda.--Subsection 6(d) of the Land and Water 
Conservation Fund Act of 1965 (16 U.S.C. Sec. 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 recreation and 
conservation 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 Recreation and Conservation 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 a State Action Agenda for 
Community Recreation and Conservation, within five years of enactment, 
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 Recreation and Conservation conclusions 
        and proposed actions have been considered in an active public 
        involvement process.
State Action Agendas for Community Recreation and Conservation 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.
    ``Each State Action Agenda for Community Recreation and 
Conservation shall specifically address wetlands within that State as 
important outdoor recreation and conservation resources. Each State 
Action Agenda for Community Recreation and Conservation shall 
incorporate a wetlands priority plan developed in consultation with the 
State agency with responsibility for fish and wildlife resources which 
is consistent with that national wetlands priority conservation plan 
developed under section 301 of the Emergency Wetlands Resources Act.
    ``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 one guide to the conclusions, priorities 
and action schedules contained in the State Action Agenda for Community 
Recreation and Conservation. Each State shall assure that any 
requirements for local outdoor recreation and conservation planning 
that are 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.''.
    (i) Comprehensive State Plans developed by any State under section 
6(d) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 
Sec. 460l-8(d)) before the enactment of this Act shall remain in effect 
in that State until or State Action Agenda for Community Recreation and 
Conservation has been adopted pursuant to the amendment made by this 
subsection, but no later than 5 years after the enactment of this Act.
    (j) State Plans.--Subsection 6(e) of the Land and Water 
Conservation Fund Act of 1965 (16 U.S.C. Sec. 460l-8(e)) is amended--
            (1) by striking ``State comprehensive plan'' at the end of 
        the first paragraph and inserting ``State Action Agenda for 
        Community Recreation and Conservation'';
            (2) by striking ``State comprehensive plan'' in paragraph 
        (1) and inserting ``State Action Agenda for Community 
        Recreation and Conservation''; and
            (3) by striking ``but not including incidental costs 
        related to acquisition'' at the end of paragraph (1).
    (k) Conversion.--Paragraph 6(f)(3) of the Land and Water 
Conservation Fund Act of 1965 (16 U.S.C. Sec. 460l-8(f)(3)) is amended 
by striking the second sentence and inserting: ``With the exception of 
those properties that are no longer viable as an outdoor recreation and 
conservation facility due to changes in demographics or must be 
abandoned because of environmental contamination which endanger 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 any conditions the Secretary deems necessary to 
assure the substitution of other recreation and conservation properties 
of at least equal fair market value, or reasonably equivalent 
usefulness and location and which are in accord with the existing State 
Action Agenda for Community Recreation and Conservation: Provided, 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.''.

SEC. 204. 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. Sec. 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 parkland to be permanently dedicated and made accessible 
for public recreation use.''.
    (b) Eligibility.--Subsection 1005(a) of the Urban Park and 
Recreation Recovery Act (16 U.S.C. Sec. 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 needed 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 1990.
            ``(4) Any other county, parish or township with a total 
        population of 250,000 or more in the census of 1970, 1980 or 
        1990.''.
    (c) Matching Grants.--Subsection 1006(a) of the Urban Park and 
Recreation Recovery Act (16 U.S.C. Sec. 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 local governments upon 
his approval of applications therefor 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 country or 
        regional park authorities; except that, such grantees 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. Sec. 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 Community Recreation and Conservation 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 recreation or conservation 
purposes. The Secretary shall also encourage States to consider the 
findings, priorities, strategies and schedules included in the recovery 
action program of their urban localities in preparation and updating of 
the State Action Agendas for Community Recreation and Conservation, 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. Sec. 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 recreation properties of 
at least equal fair market value, or reasonably equivalent usefulness 
and location and which are in accord with the current 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. SHORT TITLE.

    This title may be cited as the ``Wildlife Conservation and 
Restoration Act of 1998''.

SEC. 302. 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. 303. 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 while 
        recognizing 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. 304. 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 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, trailheads, 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) 7 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 7 percent of the revenues, as that 
        term is defined in the Reinvestment Act and Environmental 
        Restoration Act of 1998,''.

SEC. 305. SUBACCOUNTS 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 7 percent of 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 2000 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, That 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 Act, 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, 7 percent of such refunds shall be paid from amounts 
available under subsection (a)(2).''.

SEC. 306. 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\ 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 programs, 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 department 
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. 307. 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. 308. PROHIBITION AGAINST DIVERSION.

    No designated State agency shall be eligible to receive matching 
funds under this Act if sources of revenue available to it on 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 Act 
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>