[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1318 Introduced in Senate (IS)]
107th CONGRESS
1st Session
S. 1318
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
August 2, 2001
Mr. Murkowski 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 ``Conservation and Reinvestment Act of
2001''.
TITLE I-COASTAL IMPACT ASSISTANCE
SEC. 101. SHORT TITLE.
This title may be cited as the ``Coastal Conservation and Impact
Assistance Act of 2001''.
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 coasts 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;
``(12) Nothing in this title shall be interpreted to repeal
or modify any existing moratorium on leasing Federal OCS leases
for drilling nor shall anything in this title be interpreted as
an incentive to encourage the development of Federal OCS
resources where such resources currently are not being
developed.
``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 it 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 computed 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.
``(3) Adjustment for producing states.--
``(A) Definitions.--In this paragraph:
``(i) Nonproducing state.--The term
`nonproducing State' means a State other than a
producing State.
``(ii) Producing state.--The term
`producing State' means a State off the coast
of which any leased tract or tract in State
water produced oil, condensate, or natural gas
during fiscal year 1998 that, during that
fiscal year, was transported by pipeline to a
processing facility in the State.
``(iii) Tract in state water.--The term
`track in State water' means a track on land
beneath navigable water described in section
2(a)(2) of the Submerged Lands Act (43 U.S.C.
1301(a)(2)).
``(B) Adjustment.--For any fiscal year, if the
application of paragraphs (1) and (2) would result in
an allocable share for any nonproducing State that is
greater than the allocable share for any producing
State--
``(i) the amount of the allocable share for
each producing State shall be increased to the
amount of the highest allocable share for any
such nonproducing State; and
``(ii) the amount of the allocable share
for States and other than States receiving
increases under paragraph (2) shall be reduced
in the amount of the increase under clause (i)
in the proportion that the allocable share for
each such other State after application of
paragraphs (1) and (2) bears to the total
amount allocated to all States under paragraphs
(1) and (2).
``(a) Payments to States and Political Subdivisions.--Each coastal
State's allocable share shall be divided between the State and
political subdivisions 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 political 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 the
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 subdivision 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.
``(a) Authorized Uses of Funds.--Funds received pursuant to this
Act may be used by the coastal States and political subdivisions for--
``(1) air quality, water quality, fish and wildlife,
wetlands, outdoor recreation programs, or other coastal
resources, including shoreline protection and coastal
restoration;
``(2) other activities of such State or political
subdivision, contemplated 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) planning assistance and 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; and
``(6) deposit in a state or political subdivision
administered trust fund dedicated to uses consistent with this
section.
``(b) Compliance With Applicable Laws.--All projects and activities
paid for by the moneys received from the Fund shall comply with the
State Coastal Zone Management Plan and all applicable Federal, State
and local environmental laws and regulations.''
``SEC. 705. STATE PLANS; CERTIFICATION; ANNUAL REPORT; REFUNDS.
``(a) State Plans.--Within one year after the date of enactment of
this Act, the Governor of every State eligible to receive moneys from
the Fund shall be develop a State plan for the use of such moneys and
shall certify the plan to the Secretary. The plan shall be developed
with public participation and shall include the plan for the use of
such funds by every political subdivision of the State eligible to
receive moneys from the Fund. The Governor shall certify to the
Secretary that the plan was developed with public participation and in
accordance with all applicable State laws. The Governor shall amend the
plan, as necessary, with public participation, but not less than every
five years.
``(b) 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, including a
certification that the project or activity is consistent with
the State plan developed under paragraph (a).
``(c) 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).
``(d) 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.''.
TITLE II--LAND AND WATER CONSERVATION FUND REFORM
SEC. 202. 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 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 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. 406l-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 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, 2016.''.
(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 owned 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. 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: Provided further, That no moneys available under this
paragraph for Federal purposes shall be used for condemnation
of any interest of property.
``(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 of 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.
An amount, not to exceed 2 percent, of the total of such moneys covered
to the fund under section 2(c)(1) of this Act (16 U.S.C. Sec. 460l-
5(c)(1)) 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 amount is authorized to be made available therefor until the
expiration of the next succeeding fiscal year. Within 60 days after the
close of such fiscal year, the Secretary shall apportion any portion
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) Rehabilitation.--Subsection 6(a) of the Land and Water
Conservation Fund Act of 1965 (16 U.S.C. Sec. 460l-8(a)) is amended by
deleting ``(3) development.'' and inserting in lieu thereof ``(3)
development, including the facility rehabilitation.''.
(f) 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 receive 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).''.
(g) 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:
``(g) 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.''.
(h) 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.''.
(i) 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.--(1) 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:
``(A) The agenda must be strategic, originating in broad-
based and long-term needs, but focused on actions that can be
funded over the next 4 years.
``(B) 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.
``(2) 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.
``(3) 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.
``(4) 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.''.
(j) 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.
(k) 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).
(l) 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 priorities 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 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.''.
(m) Cost Limitations.--Section 7 of the Land and Water Conservation
Fund Act of 1965 (16 U.S.C. Sec. 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 any Federal land
the cost of which exceeds $5,000,000 unless the funds
for such acquisition have been specifically allocated
to the acquisition in the report accompanying the
legislation appropriating funds for the Federal agency
concerned and such allocation has been approved by
resolution adopted by the Committee on Resources of the
United States House or Representatives and the
Committee on Energy and Natural Resources of the United
States House of Representatives and the Committee on
Energy and Natural Resources of the United States
Senate.''.
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
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 assitance 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 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
Recreational 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 county 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 programs 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 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 2001''.
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 water 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 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 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
contacts by a State to other State, Federal, or local agencies wildlife
conservation organizations and outdoor recreation and conservation
education entitles 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 resources 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 Conservation and Reinvestment Act of
1999,''.
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 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.
669b) is amended by adding the following new subsection:
``(c)(1) Notwithstanding subsection (a), an amount, 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 amount is authorized to be made available therefor
until the expiration of the next succeeding fiscal year. Within 60 days
after the close of such fiscal year, the Secretary of the Interior
shall apportion any portion thereof as remains unexpended, if any, on
the same basis and in the same manner as is provided under paragraphs
(2) and (3).
``(2) The Secretary 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 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, 2002, 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.
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