[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 532 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                 S. 532

 To provide increased funding for the Land and Water Conservation Fund 
and Urban Parks and Recreation Recovery Programs, to resume the funding 
 of the State grants program of the Land and Water Conservation Fund, 
and to provide for the acquisition and development of conservation and 
   recreation facilities and programs in urban areas, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 4, 1999

Mrs. Feinstein introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
 To provide increased funding for the Land and Water Conservation Fund 
and Urban Parks and Recreation Recovery Programs, to resume the funding 
 of the State grants program of the Land and Water Conservation Fund, 
and to provide for the acquisition and development of conservation and 
   recreation facilities and programs in urban areas, 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 ``Public Land and Recreation 
Investment Act of 1999''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) the Land and Water Conservation Fund Act of 1965 (16 
        U.S.C. 460l-4 et seq.) has been critical in acquiring land to 
        protect America's national parks, forests, wildlife refuges, 
        and public land in all 50 States from potential development and 
        in improving recreational opportunities for all Americans;
            (2) the Land and Water Conservation Fund has helped to 
        preserve nearly 7,000,000 acres of America's most special 
        places, from the California Desert to the Everglades, in part 
        by providing grants that have helped States purchase over 
        2,000,000 acres of parkland and open space;
            (3) although amounts in the Land and Water Conservation 
        Fund are meant to be used only for conservation and recreation 
        purposes, since 1980 Congress and the President have diverted 
        much of this vital funding for deficit reduction and other 
        budgetary purposes;
            (4) because of chronic shortages in funding for the Land 
        and Water Conservation Fund, the backlog of Federal acquisition 
        needs now totals over $10,000,000,000; the backlog includes key 
        wetlands, watersheds, wilderness, and wildlife habitat and 
        important historic, cultural, and recreational sites;
            (5) the findings of the 1995 National Biological Service 
        study entitled ``Endangered Ecosystems of the United States: A 
        Preliminary Assessment of Loss and Degradation'' demonstrate 
        the need to escalate conservation measures that protect the 
        Nation's wildlands and wildlife habitats;
            (6) lack of funding for the State grants portion of the 
        Land and Water Conservation Fund has hampered State and local 
        efforts to protect parklands, coastlines, habitat areas, and 
        open space from development;
            (7) recreation needs in America's cities have been 
        neglected, in part because the Urban Park and Recreation 
        Recovery Act of 1978 (16 U.S.C. 2501 et seq.) has not been 
        funded since 1995;
            (8) at the same time that Federal investment in 
        conservation and recreation has shrunk, demand for outdoor 
        recreation has skyrocketed: visits to our public lands have 
        increased dramatically in recent years, and the national survey 
        on recreation and the environment conducted by the Forest 
        Service indicates substantial growth in most outdoor 
        activities; and
            (9) increased investment in conservation and recreation is 
        essential to maintaining America's environmental quality and 
        high quality of life.

SEC. 3. PURPOSES.

    The purposes of this Act are--
            (1) to ensure that funding is available without further Act 
        of appropriation to the Land and Water Conservation Fund and 
        the Urban Park and Recreation Recovery Program;
            (2) to protect the Nation's parklands, wildlife habitat, 
        and recreational resources;
            (3) to revive the State grants portion of the Land and 
        Water Conservation Fund; and
            (4) to ensure that local governments and Indian tribes 
        receive a fair share of proceeds from the Land and Water 
        Conservation Fund.

SEC. 4. LAND AND WATER CONSERVATION FUND.

    (a) Appropriations.--Section 3 of the Land and Water Conservation 
Fund Act of 1965 (16 U.S.C. 460l-6) is amended--
            (1) by striking ``Sec. 3. Appropriations.--Moneys'' and 
        inserting the following:

``SEC. 3. APPROPRIATIONS.

    ``(a) In General.--Moneys'';
            (2) by striking the third sentence; and
            (3) by adding at the end the following:
    ``(b) Permanent Appropriation.--There is appropriated out of the 
fund to carry out this Act $900,000,000 for each fiscal year, to remain 
available until expended.''.
    (b) Allocation of Fund.--Section 5 of the Land and Water 
Conservation Fund Act of 1965 (16 U.S.C. 460l-7) is amended--
            (1) by striking the first, second, and third sentences and 
        inserting the following:
    ``(a) In General.--Of amounts annually available to carry out this 
Act for any fiscal year--
            ``(1) 40 percent shall be allocated for financial 
        assistance to States under section 6, of which not less than 50 
        percent shall be directed to local governments to provide 
        natural areas, open space, parkland, wildlife habitat, and 
        recreation areas;
            ``(2) 50 percent shall be allocated for Federal purposes 
        under section 7; and
            ``(3) 10 percent shall be allocated for grants to local 
        governments under the Urban Park and Recreation Recovery Act of 
        1978 (16 U.S.C. 2501 et seq.).''; and
            (2) by striking ``There shall be'' and inserting the 
        following:
    ``(b) Special Account.--There shall be''.
    (c) Financial Assistance to States.--
            (1) In general.--Section 6 of the Land and Water 
        Conservation Fund Act of 1965 (16 U.S.C. 460l-8) is amended--
                    (A) in subsection (b)--
                            (i) in paragraph (1), by striking ``forty 
                        per centum'' and all that follows through 
                        ``twenty per centum'' and inserting ``30 
                        percent of the first $225,000,000 and 20 
                        percent''; and
                            (ii) by adding at the end the following:
            ``(6) Indian tribes.--
                    ``(A) Definition.--In this paragraph, the term 
                `Indian tribe' means an Indian or Alaska Native tribe, 
                band, nation, pueblo, village, or community that the 
                Secretary of the Interior recognizes as an Indian tribe 
                under section 104 of the Federally Recognized Indian 
                Tribe List Act of 1994 (25 U.S.C. 479a-1).
                    ``(B) Apportionment.--For the purposes of paragraph 
                (1), the Indian tribes--
                            ``(i) shall be treated collectively as 1 
                        State; and
                            ``(ii) shall receive shares of their 
                        collective apportionment under that paragraph 
                        in amounts to be determined by the Secretary of 
                        the Interior.
                    ``(C) Other treatment.--For all other purposes of 
                this title, each Indian tribe shall be treated as a 
                State, except that--
                            ``(i) an Indian tribe shall not be required 
                        to direct 50 percent of the financial 
                        assistance provided under this Act to local 
                        governments; and
                            ``(ii) an Indian tribe may use financial 
                        assistance provided under this Act only if the 
                        Indian tribe provides assurances, subject to 
                        the approval of the Secretary, that the Indian 
                        tribe will maintain conservation and recreation 
                        opportunities to the public at large in 
                        perpetuity on land and facilities funded under 
                        this Act.
                    ``(D) Limitation.--For any fiscal year, no single 
                Indian tribe shall receive more than 10 percent of the 
                total amount made available under paragraph (1) to all 
                Indian tribes, collectively.'';
                    (B) by striking subsection (d) and inserting the 
                following:
    ``(d) State Action Agendas.--
            ``(1) In general.--To qualify for financial assistance 
        under this section, a State, in consultation with local 
        subdivisions, nonprofit and other private organizations, and 
        interested citizens, shall prepare and submit to the Secretary 
        a State action agenda for recreation, open space, and 
        conservation that identifies the State's recreation, open 
        space, and conservation needs and priorities.
            ``(2) Requirements.--A State action agenda--
                    ``(A) shall take into account long-term recreation, 
                open space, and conservation needs (including 
                preservation of habitat for threatened and endangered 
                species and other species of conservation concern) but 
                focus on actions that can be funded over a 4-year 
                period;
                    ``(B) shall be updated every 4 years and approved 
                by the Governor;
                    ``(C) shall be considered in an active public 
                involvement process that includes public hearings 
                around the State;
                    ``(D) shall take into account activities and 
                priorities of managers of conservation land, open 
                space, and recreation land in the State, including 
                Federal, regional, local, and nonprofit agencies; and
                    ``(E) to the extent practicable, shall be 
                coordinated with other State, regional, and local plans 
                for parks, recreation, open space, and wetland 
                conservation.
            ``(3) Use of recovery action plans.--A State shall use 
        recovery action plans developed by local governments under 
        section 1007 of the Urban Park and Recreation Recovery Act of 
        1978 (16 U.S.C. 2506) as a guide in formulating the conclusions 
        and action items contained in the State action agenda.''; and
                    (C) by striking subsection (f)(3) and inserting the 
                following:
            ``(3) Conversion of use of property.--
                    ``(A) In general.--No property acquired or 
                developed with assistance under this section may be 
                converted to a use other than use for recreation, open 
                space, or conservation without the approval of the 
                Secretary.
                    ``(B) Approval.--
                            ``(i) In general.--The Secretary may 
                        approve a conversion of use of property under 
                        subparagraph (A) if the State demonstrates 
                        that--
                                    ``(I) no prudent or feasible 
                                alternative to conversion of the use of 
                                the property exists;
                                    ``(II) because of changes in 
                                demographics, the property is no longer 
                                viable for use for recreation, open 
                                space, or conservation; or
                                    ``(III) the property must be 
                                abandoned because of environmental 
                                contamination that endangers public 
                                health or safety.
                            ``(ii) Substitution of other property.--
                                    ``(I) In general.--Conversion of 
                                the use of property shall satisfy any 
                                condition that the Secretary considers 
                                necessary to ensure that--
                                            ``(aa) the substituted 
                                        property is property in the 
                                        State that is of at least equal 
                                        market value and reasonably 
                                        equivalent usefulness and 
                                        location; and
                                            ``(bb) the use of the 
                                        substituted property for 
                                        recreation, open space, or 
                                        conservation is consistent with 
                                        the State action agenda.
                                    ``(II) Wetland areas.--A wetland 
                                area or interest in a wetland area (as 
                                identified in the wetland provisions of 
                                the State action agenda) that is 
                                proposed to be acquired as a suitable 
                                substitute property and that is 
                                otherwise acceptable to the Secretary 
                                shall be considered to be of reasonably 
                                equivalent usefulness to the property 
                                proposed for conversion.''.
            (2) Transition provision.--Any comprehensive statewide 
        outdoor recreation plan developed by a State under section 6(d) 
        of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 
        460l-8(d)) before the date that is 5 years after the date of 
        enactment of this Act shall remain in effect in the State until 
        a State action agenda has been adopted in accordance with the 
        amendment made by paragraph (1), but not later than 5 years 
        after the date of enactment of this Act.
            (3) Conforming amendments.--
                    (A) Section 6 of the Land and Water Conservation 
                Fund Act of 1965 (16 U.S.C. 460l-8(e)) is amended--
                            (i) in subsection (e)--
                                    (I) in the matter preceding 
                                paragraph (1), by striking ``State 
                                comprehensive plan'' and inserting 
                                ``State action agenda''; and
                                    (II) in paragraph (1), by striking 
                                ``, or wetland areas and interests 
                                therein as identified in the wetlands 
                                provisions of the comprehensive plan''; 
                                and
                            (ii) in subsection (f)(3)--
                                    (I) in the second sentence, by 
                                striking ``then existing comprehensive 
                                statewide outdoor recreation plan'' and 
                                inserting ``State action agenda''; and
                                    (II) by striking ``: Provided,'' 
                                and all that follows.
                    (B) Section 32(e) of the Bankhead-Jones Farm Tenant 
                Act (7 U.S.C. 1011(e)) is amended in the last proviso 
                of the first paragraph by striking ``existing 
                comprehensive statewide outdoor recreation plan found 
                adequate for purposes of the Land and Water 
                Conservation Fund Act of 1965 (78 Stat. 897)'' and 
                inserting ``State action agenda required by section 6 
                of the Land and Water Conservation Fund Act of 1965 (16 
                U.S.C. 460l-8)''.
                    (C) Section 102(a)(2) of the National Historic 
                Preservation Act (16 U.S.C. 470b(a)(2)) is amended by 
                striking ``comprehensive statewide outdoor recreation 
                plan prepared pursuant to the Land and Water 
                Conservation Fund Act of 1965 (78 Stat. 897)'' and 
                inserting ``State action agenda required by section 6 
                of the Land and Water Conservation Fund Act of 1965 (16 
                U.S.C. 460l-8)''.
                    (D) Section 8(a) of the National Trails System Act 
                (16 U.S.C. 1247(a)) is amended in the first sentence--
                            (i) by striking ``comprehensive statewide 
                        outdoor recreation plans'' and inserting 
                        ``State action agendas''; and
                            (ii) by inserting ``of 1965 (16 U.S.C. 
                        460l-4 et seq.)'' after ``Fund Act''.
                    (E) Section 11(a)(2) of the National Trails System 
                Act (16 U.S.C. 1250(a)(2)) is amended by striking 
                ``(relating to the development of Statewide 
                Comprehensive Outdoor Recreation Plans)'' and inserting 
                ``(16 U.S.C. 460l-8) (relating to the development of 
                State action agendas''.
                    (F) Section 11 of the Wild and Scenic Rivers Act 
                (16 U.S.C. 1282) is amended--
                            (i) in subsection (a)--
                                    (I) by striking ``comprehensive 
                                statewide outdoor recreation plans'' 
                                and inserting ``State action agendas''; 
                                and
                                    (II) by striking ``(78 Stat. 897)'' 
                                and inserting ``(16 U.S.C. 460l-4 et 
                                seq.)''; and
                            (ii) in subsection (b)(2)(B), by striking 
                        ``(relating to the development of statewide 
                        comprehensive outdoor recreation plans)'' and 
                        inserting ``(16 U.S.C. 460l-8) (relating to the 
                        development of State action agendas''.
                    (G) Section 1008 of the Urban Park and Recreation 
                Recovery Act of 1978 (16 U.S.C. 2507) is amended in the 
                last sentence by striking ``statewide comprehensive 
                outdoor recreation plans'' and inserting ``State action 
                agendas required by section 6 of the Land and Water 
                Conservation Fund Act of 1965 (16 U.S.C. 460l-8)''.
                    (H) Section 206(d) of title 23, United States Code, 
                is amended--
                            (i) in paragraph (1)(B), by striking 
                        ``statewide comprehensive outdoor recreation 
                        plan required by the Land and Water 
                        Conservation Fund Act of 1965 (16 U.S.C. 460l-4 
                        et seq.)'' and inserting ``State action agenda 
                        required by section 6 of the Land and Water 
                        Conservation Fund Act of 1965 (16 U.S.C. 460l-
                        8)''; and
                            (ii) in paragraph (2)(D)(ii), by striking 
                        ``statewide comprehensive outdoor recreation 
                        plan that is required by the Land and Water 
                        Conservation Fund Act of 1965 (16 U.S.C. 460l-4 
                        et seq.)'' and inserting ``State action agenda 
                        that is required by section 6 of the Land and 
                        Water Conservation Fund Act of 1965 (16 U.S.C. 
                        460l-8)''.
                    (I) Section 202(c)(9) of the Federal Land Policy 
                and Management Act of 1976 (43 U.S.C. 1712(c)(9)) is 
                amended by striking ``statewide outdoor recreation 
                plans developed under the Act of September 3, 1964 (78 
                Stat. 897), as amended'' and inserting ``State action 
                agendas required by section 6 of the Land and Water 
                Conservation Fund Act of 1965 (16 U.S.C. 460l-8)''.
    (d) Federal Purposes.--Section 7 of the Land and Water Conservation 
Fund Act of 1965 (16 U.S.C. 460l-9) is amended by adding at the end the 
following:
    ``(d) Priority Acquisitions.--
            ``(1) In general.--As part of the annual budget request 
        under section 1105 of title 31, United States Code, for each 
        fiscal year, the President shall submit a list of priority 
        acquisitions for expenditure of the Federal allocation under 
        this section.
            ``(2) Consultation.--The Federal priority list shall be 
        prepared in consultation with the Secretary of Agriculture and 
        the Secretary of the Interior.
            ``(3) Considerations.--In preparing the priority list, the 
        agency heads shall consider--
                    ``(A) the potential adverse impacts that might 
                result if the acquisition were not undertaken;
                    ``(B) the availability of appraisals of land, 
                water, or interests in land or water and other 
                information necessary to complete the acquisition in a 
                timely manner;
                    ``(C) the conservation and recreational values that 
                the acquired land, water, or interest in land or water 
                will provide; and
                    ``(D) any other factors that the agency heads 
                consider appropriate.
            ``(4) Use of funds.--An agency head shall expend funds 
        appropriated for a fiscal year for acquisitions in the order of 
        priority specified in the budget request unless Congress, in 
        the general appropriation Act for the fiscal year, specifies a 
        different order of priority or list of priorities.''.

SEC. 5. URBAN PARK AND RECREATION RECOVERY PROGRAM.

    (a) Definitions.--Section 1004 of the Urban Park and Recreation 
Recovery Act of 1978 (16 U.S.C. 2503) is amended--
            (1) in subsection (j), by striking ``and'' at the end;
            (2) in subsection (k), by striking the period at the end 
        and inserting a semicolon; and
            (3) by adding at the end the following:
    ``(l) `acquisition grant' means a matching capital grant to a 
general purpose local government to cover the direct and incidental 
costs of purchasing new parkland to be permanently dedicated for public 
conservation and recreation; and
    ``(m) `development and construction grant' means a matching capital 
grant to a general purpose local government to cover costs of 
development and construction of existing or new neighborhood recreation 
sites, including indoor and outdoor recreation facilities.''.
    (b) Eligibility of General Purpose Local Governments.--Section 1005 
of the Urban Park and Recreation Recovery Act of 1978 (16 U.S.C. 2504) 
is amended by striking ``Sec. 1005.'' and all that follows through 
subsection (a) and inserting the following:

``SEC. 1005. ELIGIBILITY.

    ``(a) Eligibility of General Purpose Local Governments.--
            ``(1) Eligibility list.--Not later than 120 days after the 
        date of enactment of this paragraph and periodically 
        thereafter, the Secretary shall publish in the Federal 
        Register--
                    ``(A) a list of general purpose local governments 
                eligible for assistance under this Act; and
                    ``(B) a description of the criteria used in 
                determining eligibility.
            ``(2) Criteria.--The criteria for determining eligibility 
        shall be based on factors that the Secretary determines are 
        related to--
                    ``(A) deteriorated recreational facilities or 
                systems;
                    ``(B) economic distress; and
                    ``(C) lack of recreational opportunity.''.
    (c) Grants.--The Urban Park and Recreation Recovery Act of 1978 is 
amended by striking section 1006 (16 U.S.C. 2505) and inserting the 
following:

``SEC. 6. GRANTS.

    ``(a) In General.--The Secretary may provide an acquisition grant, 
development and construction grant, innovation grant, or rehabilitation 
grant to a general purpose local government on approval by the 
Secretary of an application made by the chief executive officer of the 
local government.
    ``(b) Federal Share.--The Federal share of a project undertaken 
with a grant under subsection (a) shall not exceed 70 percent.
    ``(c) Transfer of Grant.--
            ``(1) In general.--With the consent of the Secretary, and 
        if consistent with an approved application, an acquisition 
        grant, development and construction grant, innovation grant, or 
        rehabilitation grant may be transferred in whole or in part to 
        a special purpose local government, private nonprofit agency or 
        political subdivision, or regional park authority.
            ``(2) Assurances.--A transferee of a grant shall provide an 
        assurance that the transferee will maintain public conservation 
        and recreation opportunities in perpetuity at facilities funded 
        with the grant funds.
    ``(d) Grant Payments.--
            ``(1) Advance approval.--Payment of a grant under 
        subsection (a) may be made only for a project that the 
        Secretary has approved in advance.
            ``(2) Progress payments.--Payment of a grant under 
        subsection (a) may be made from time to time in keeping with 
        the rate of progress toward completion of a project, on a 
        reimbursable basis.''.
    (d) Conversion of Use of Property.--The Urban Park and Recreation 
Recovery Act of 1978 is amended by striking section 1010 (16 U.S.C. 
2509) and inserting the following:

``SEC. 1010. CONVERSION OF USE OF PROPERTY.

    ``(a) In General.--No property acquired, improved, or developed 
under this title may be converted to a use other than use for public 
recreation without the approval of the Secretary.
    ``(b) Approval.--
            ``(1) In general.--The Secretary may approve a conversion 
        of use of property under subsection (a) if the grant recipient 
        demonstrates that--
                    ``(A) no prudent or feasible alternative to 
                conversion of the use of the property exists;
                    ``(B) because of changes in demographics, the 
                property is no longer viable for use for recreation; or
                    ``(C) the property must be abandoned because of 
                environmental contamination that endangers public 
                health or safety.
            ``(2) Substitution of other property.--Conversion of the 
        use of property shall satisfy any condition that the Secretary 
        considers necessary to ensure that--
                    ``(A) the substituted property is of at least equal 
                market value and reasonably equivalent usefulness and 
                location; and
                    ``(B) the use of the substituted property for 
                recreation is consistent with the current recreation 
                recovery action program.''.
    (e) Limitation on Use of Funds.--Section 1014 of the Urban Park and 
Recreation Recovery Act of 1978 (16 U.S.C. 2513) is repealed.
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