[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2590 Introduced in Senate (IS)]
2d Session
S. 2590
To provide a conservatin royalty from Outer Continental Shelf revenues
to establish the Coastal Impact Assistance Program, to provide
assistance to States under the Land and Water Conservation Fund Act of
1965, to ensure adequate funding for conserving and restoring wildlife,
to assist local governments in improving local park and recreation
systems, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 24, 2004
Mr. Alexander (for himself and Ms. Landrieu) introduced the following
bill; which was read twice and referred to the Committee on Energy and
Natural Resources
_______________________________________________________________________
A BILL
To provide a conservation royalty from Outer Continental Shelf revenues
to establish the Coastal Impact Assistance Program, to provide
assistance to States under the Land and Water Conservation Fund Act of
1965, to ensure adequate funding for conserving and restoring wildlife,
to assist local governments in improving local park and recreation
systems, 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Americans Outdoors
Act of 2004''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--DISPOSITION OF OUTER CONTINENTAL SHELF REVENUES
Sec. 101. Disposition.
TITLE II--COASTAL IMPACT ASSISTANCE
Sec. 201. Coastal Impact Assistance Program.
TITLE III--LAND AND WATER CONSERVATION FUND
Sec. 301. Apportionment of amounts available for State purposes.
Sec. 302. State planning.
Sec. 303. Assistance to States for other projects.
Sec. 304. Conversion of property to other use.
Sec. 305. Water rights.
TITLE IV--CONSERVATION AND RESTORATION OF WILDLIFE
Sec. 401. Purposes.
Sec. 402. Definitions.
Sec. 403. Wildlife Conservation and Restoration Account.
Sec. 404. Apportionment to Indian tribes.
Sec. 405. No effect on prior appropriations.
TITLE V--URBAN PARK AND RECREATION RECOVERY PROGRAM
Sec. 501. Expansion of purpose of Urban Park and Recreation Recovery
Act of 1978 to include development of new
areas and facilities.
Sec. 502. Definitions.
Sec. 503. Eligibility.
Sec. 504. Grants.
Sec. 505. Recovery action programs.
Sec. 506. State action incentives.
Sec. 507. Conversion of recreation property.
Sec. 508. Treatment of transferred amounts.
Sec. 509. Repeal.
TITLE I--DISPOSITION OF OUTER CONTINENTAL SHELF REVENUES
SEC. 101. DISPOSITION.
Section 9 of the Outer Continental Shelf Lands Act (43 U.S.C. 1338)
is amended to read as follows:
``SEC. 9. DISPOSITION OF REVENUES.
``(a) In General.--For each of fiscal years 2005 through 2010, the
Secretary of the Treasury shall deposit in the Treasury of the United
States all qualified outer continental shelf revenues (as defined in
section 31(a)).
``(b) Transfer for Conservation Royalty Expenditures.--For each of
fiscal years 2005 through 2010, from amounts deposited for the
preceding fiscal year under subsection (a), the Secretary of the
Treasury shall transfer--
``(1) to the Secretary to make payments under section 31,
$500,000,000;
``(2) to the Land and Water Conservation Fund to provide
financial assistance to States under section 6 of the Land and
Water Conservation Fund Act of 1965 (16 U.S.C. 460l-8),
$450,000,000;
``(3) to the Federal aid to wildlife restoration fund
established under section 3 of the Pittman-Robertson Wildlife
Restoration Act (16 U.S.C. 669b) for deposit in the Wildlife
Conservation and Restoration Account, $350,000,000; and
``(4) to the Secretary to carry out the Urban Park and
Recreation Recovery Act of 1978 (16 U.S.C. 2501 et seq.),
$125,000,000. ''.
TITLE II--COASTAL IMPACT ASSISTANCE
SEC. 201. COASTAL IMPACT ASSISTANCE PROGRAM.
Section 31 of the Outer Continental Shelf Lands Act (43 U.S.C.
1356a) is amended to read as follows:
``SEC. 31. COASTAL IMPACT ASSISTANCE PROGRAM.
``(a) Definitions.--In this section:
``(1) Coastal political subdivision.--The term `coastal
political subdivision' means a political subdivision of a
coastal State any part of which political subdivision is--
``(A) within the coastal zone (as defined in
section 304 of the Coastal Zone Management Act of 1972
(16 U.S.C. 1453)) of the coastal State; and
``(B) not more than 200 miles from the geographic
center of any leased tract.
``(2) Coastal population.--The term `coastal population'
means the population, as determined by the most recent official
data of the Census Bureau, of each political subdivision any
part of which lies within the designated coastal boundary of a
State (as defined in a State's coastal zone management program
under the Coastal Zone Management Act of 1972 (16 U.S.C. 1451
et seq.)).
``(3) Coastal state.--The term `coastal State' has the
meaning given the term in section 304 of the Coastal Zone
Management Act of 1972 (16 U.S.C. 1453).
``(4) Coastline.--The term `coastline' has the meaning
given the term `coast line' in section 2 of the Submerged Lands
Act (43 U.S.C. 1301).
``(5) Distance.--The term `distance' means the minimum
great circle distance, measured in statute miles.
``(6) Leased tract.--The term `leased tract' means a tract
that is subject to a lease under section 6 or 8 for the purpose
of drilling for, developing, and producing oil or natural gas
resources.
``(7) Political subdivision.--The term `political
subdivision' means the local political jurisdiction immediately
below the level of State government, including counties,
parishes, and boroughs.
``(8) Producing state.--
``(A) In general.--The term `producing State' means
a coastal State with a coastal seaward boundary within
200 miles from the geographic center of a leased tract.
``(B) Exclusion.--The term `producing State' does
not include a leased tract or portion of a leased tract
that is located in a geographic area subject to a
leasing moratorium on January 1, 2002, unless the lease
was in production on that date.
``(9) Qualified outer continental shelf revenues.--
``(A) In general.--The term `qualified Outer
Continental Shelf revenues' means all amounts received
by the United States after January 1, 2003, from each
leased tract or portion of a leased tract--
``(i) lying--
``(I) seaward of the zone covered
by section 8(g); or
``(II) within that zone, but to
which section 8(g) does not apply; and
``(ii) the geographic center of which lies
within a distance of 200 miles from any part of
the coastline of any coastal State.
``(B) Inclusions.--The term `qualified Outer
Continental Shelf revenues' includes 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
under this Act.
``(C) Exclusion.--The term `qualified Outer
Continental Shelf revenues' does not include any
revenues from a leased tract or portion of a leased
tract that is located in a geographic area subject to a
leasing moratorium on January 1, 2002, unless the lease
was in production on that date.
``(10) Transferred amount.--The term `transferred amount'
means the amount transferred to the Secretary under section 9
to make payments to producing States and coastal political
subdivisions under this section for a fiscal year.
``(b) Payments to Producing States and Coastal Political
Subdivisions.--
``(1) In general.--For each of fiscal years 2005 through
2010, the transferred amount shall be allocated by the
Secretary among producing States and coastal political
subdivisions in accordance with this section.
``(2) Disbursement.--In each fiscal year, the Secretary
shall, without further appropriation, disburse to each
producing State for which the Secretary has approved a plan
under subsection (c), and to coastal political subdivisions
under paragraph (4), such funds as are allocated to the
producing State or coastal political subdivision, respectively,
under this section for the fiscal year.
``(3) Allocation among producing states.--
``(A) In general.--Except as provided in
subparagraph (B), the transferred amount shall be
allocated to each producing State in the proportion
that, for the preceding 5-year period--
``(i) the amount of qualified outer
Continental Shelf revenues generated off the
coastline of the producing State; bears to
``(ii) the amount of qualified outer
Continental Shelf revenues generated off the
coastline of all producing States.
``(B) Multiple producing states.--In a case in
which more than 1 producing State is located within 200
miles of any portion of a leased tract, the amount
allocated to each producing State for the leased tract
shall be inversely proportional to the distance
between--
``(i) the nearest point on the coastline of
the producing State; and
``(ii) the geographic center of the leased
tract.
``(4) Payments to coastal political subdivisions.--
``(A) In general.--The Secretary shall pay 35
percent of the amount allocated under paragraph (3) to
the coastal political subdivisions in the producing
State.
``(B) Formula.--Of the amount paid by the Secretary
to coastal political subdivisions under subparagraph
(A)--
``(i) 25 percent shall be allocated to each
coastal political subdivision in the proportion
that--
``(I) the coastal population of the
coastal political subdivision; bears to
``(II) the coastal population of
all coastal political subdivisions in
the producing State;
``(ii) 25 percent shall be allocated to
each coastal political subdivision in the
proportion that--
``(I) the number of miles of
coastline of the coastal political
subdivision; bears to
``(II) the number of miles of
coastline of all coastal political
subdivisions in the producing State;
and
``(iii) 50 percent shall be allocated in
amounts that are inversely proportional to the
respective distances between the points in each
coastal political subdivision that are closest
to the geographic center of each leased tract,
as determined by the Secretary.
``(C) Exception for the state of louisiana.--For
the purposes of subparagraph (B)(ii), the coastline for
coastal political subdivisions in the State of
Louisiana without a coastline shall be the average
length of the coastline of all other coastal political
subdivisions in the State of Louisiana.
``(D) Exception for the state of alaska.--For the
purposes of carrying out subparagraph (B)(iii) in the
State of Alaska, the amounts allocated shall be divided
equally among the 2 coastal political subdivisions that
are closest to the geographic center of a leased tract.
``(E) Exclusion of certain leased tracts.--For
purposes of subparagraph (B)(iii), a leased tract or
portion of a leased tract shall be excluded if the
tract or portion of a leased tract is located in a
geographic area subject to a leasing moratorium on
January 1, 2002, unless the lease was in production on
that date.
``(5) No approved plan.--
``(A) In general.--Subject to subparagraph (B) and
except as provided in subparagraph (C), in a case in
which any amount allocated to a producing State or
coastal political subdivision under paragraph (3) or
(4) is not disbursed because the producing State does
not have in effect a plan that has been approved by the
Secretary under subsection (c), the Secretary shall
allocate the undisbursed amount equally among all other
producing States.
``(B) Retention of allocation.--The Secretary shall
hold in escrow an undisbursed amount described in
subparagraph (A) until such date as the final appeal
regarding the disapproval of a plan submitted under
subsection (c) is decided.
``(C) Waiver.--The Secretary may waive subparagraph
(A) with respect to an allocated share of a producing
State and hold the allocable share in escrow if the
Secretary determines that the producing State is making
a good faith effort to develop and submit, or update, a
plan in accordance with subsection (c).
``(c) Coastal Impact Assistance Plan.--
``(1) Submission of state plans.--
``(A) In general.--Not later than July 1, 2005, the
Governor of a producing State shall submit to the
Secretary a coastal impact assistance plan.
``(B) Public participation.--In carrying out
subparagraph (A), the Governor shall solicit local
input and provide for public participation in the
development of the plan.
``(2) Approval.--
``(A) In general.--The Secretary shall approve a
plan of a producing State submitted under paragraph (1)
before disbursing any amount to the producing State, or
to a coastal political subdivision located in the
producing State, under this section.
``(B) Components.--The Secretary shall approve a
plan submitted under paragraph (1) if--
``(i) the Secretary determines that the
plan is consistent with the uses described in
subsection (d); and
``(ii) the plan contains--
``(I) the name of the State agency
that will have the authority to
represent and act on behalf of the
producing State in dealing with the
Secretary for purposes of this section;
``(II) a program for the
implementation of the plan that
describes how the amounts provided
under this section to the producing
State will be used;
``(III) for each coastal political
subdivision that receives an amount
under this section--
``(aa) the name of a
contact person; and
``(bb) a description of how
the coastal political
subdivision will use amounts
provided under this section;
``(IV) a certification by the
Governor that ample opportunity has
been provided for public participation
in the development and revision of the
plan; and
``(V) a description of measures
that will be taken to determine the
availability of assistance from other
relevant Federal resources and
programs.
``(3) Amendment.--Any amendment to a plan submitted under
paragraph (1) shall be--
``(A) developed in accordance with this subsection;
and
``(B) submitted to the Secretary for approval or
disapproval under paragraph (4).
``(4) Procedure.--
``(A) In general.--Except as provided in
subparagraph (B), not later than 90 days after the date
on which a plan or amendment to a plan is submitted
under paragraph (1) or (3), the Secretary shall approve
or disapprove the plan or amendment.
``(B) Exception.--For fiscal year 2005, the
Secretary shall approve or disapprove a plan submitted
under paragraph (1) not later than December 31, 2005.
``(d) Authorized Uses.--
``(1) In general.--A producing State or coastal political
subdivision shall use all amounts received under this section,
including any amount deposited in a trust fund that is
administered by the State or coastal political subdivision and
dedicated to uses consistent with this section, in accordance
with all applicable Federal and State law, only for 1 or more
of the following purposes:
``(A) Projects and activities for the conservation,
protection, or restoration of coastal areas, including
wetland.
``(B) Mitigation of damage to fish, wildlife, or
natural resources.
``(C) Planning assistance and the administrative
costs of complying with this section.
``(D) Implementation of a federally-approved
marine, coastal, or comprehensive conservation
management plan.
``(E) Mitigation of the impact of outer Continental
Shelf activities through funding of onshore
infrastructure projects and public service needs.
``(2) Compliance with authorized uses.--If the Secretary
determines that any expenditure made by a producing State or
coastal political subdivision is not consistent with this
subsection, the Secretary shall not disburse any additional
amount under this section to the producing State or the coastal
political subdivision until such time as all amounts obligated
for unauthorized uses have been repaid or reobligated for
authorized uses.''.
TITLE III--LAND AND WATER CONSERVATION FUND
SEC. 301. APPORTIONMENT OF AMOUNTS AVAILABLE FOR STATE PURPOSES.
Section 6 of the Land and Water Conservation Fund Act of 1965 (16
U.S.C. 460l-8) is amended--
(1) in the second sentence of subsection (a), by inserting
``(including facility rehabilitation, but excluding facility
maintenance)'' after ``(3) development''; and
(2) by striking subsection (b) and inserting the following:
``(b) Apportionment Among the States.--
``(1) Definition of state.--
``(A) In general.--Except as provided in
subparagraph (B), in this subsection, the term `State'
means--
``(i) each of the States of the United
States;
``(ii) the District of Columbia;
``(iii) the Commonwealth of Puerto Rico;
``(iv) the Commonwealth of the Northern
Mariana Islands;
``(v) the United States Virgin Islands;
``(vi) Guam; and
``(vii) American Samoa.
``(B) Limitation.--For the purposes of paragraph
(3), the States referred to in clauses (iii) through
(vii) of subparagraph (A)--
``(i) shall be treated collectively as 1
State; and
``(ii) shall each receive an apportionment
under that paragraph based on the ratio that--
``(I) the population of the State;
bears to
``(II) the population of all the
States referred to in clauses (iii)
through (vii) of subparagraph (A).
``(2) Deduction for administrative expenses.--For each
fiscal year, the Secretary may deduct, for payment of
administrative expenses incurred by the Secretary in carrying
out this section, not more than 1 percent of the amounts made
available for financial assistance to States for the fiscal
year under this Act.
``(3) Apportionment.--
``(A) In general.--Not later than 60 days after the
end of the fiscal year, the Secretary shall apportion
among the States the amounts remaining after making the
deduction under paragraph (2).
``(B) Formula.--Subject to paragraph (5), of the
amounts described in subparagraph (A) for each fiscal
year--
``(i) 60 percent shall be apportioned
equally among the States; and
``(ii) 40 percent shall be apportioned
among the States based on the ratio that--
``(I) the population of each State
(as reported in the most recent
decennial census); bears to
``(II) the population of all of the
States (as reported in the most recent
decennial census).
``(4) Limitation.--For any fiscal year, the total
apportionment to any 1 State under paragraph (3) shall not
exceed 10 percent of the total amount apportioned to all States
for the fiscal year.
``(5) State notification.--The Secretary shall notify each
State of the amount apportioned to the State under paragraph
(3).
``(6) Use of funds.--
``(A) In general.--Amounts apportioned to a State
under paragraph (3) may be used for planning,
acquisition, or development projects in accordance with
this Act.
``(B) Limitation.--Amounts apportioned to a State
under paragraph (3) shall not be used for condemnation
of land.
``(7) Reapportionment.--
``(A) In general.--Any portion of an apportionment
to a State under this subsection that has not been paid
or obligated by the Secretary by the end of the second
fiscal year that begins after the date on which
notification is provided to the State under paragraph
(5) shall be reapportioned by the Secretary in
accordance with paragraph (3).
``(B) Limitation.--A reapportionment under this
paragraph shall be made without regard to the
limitation described in paragraph (4).
``(8) Apportionment to indian tribes.--
``(A) Definition.--In this paragraph, the term
`Indian tribe'--
``(i) in the case of the State of Alaska,
means a Native corporation (as defined
in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C.
1602)); and
``(ii) in the case of any other State, has
the meaning given the term in section 4 of the
Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450b).
``(B) Apportionment.--For the purposes of paragraph
(3), each Indian tribe shall be eligible to receive a
share of the amount available under paragraph (3) in
accordance with a competitive grant program established
by the Secretary.
``(C) Total apportionment.--The total apportionment
available to Indian tribes under subparagraph (B) shall
be equal to the amount available to a single State
under paragraph (3).
``(D) Amount of grant.--For any fiscal year, the
grant to any 1 Indian tribe under this paragraph shall
not exceed 10 percent of the total amount made
available to Indian tribes under paragraph (3).
``(E) Use of funds.--Funds received by an Indian
tribe under this paragraph may be used for the purposes
specified in paragraphs (1) and (3) of subsection (a).
``(9) Local allocation.--Unless the State demonstrates on
an annual basis to the satisfaction of the Secretary that there
is a compelling reason not to provide grants under this
paragraph, each State (other than the District of Columbia)
shall make available, as grants to political subdivisions of
the State, not less than 25 percent of the annual State
apportionment under this subsection, or an equivalent amount
made available from other sources.''.
SEC. 302. STATE PLANNING.
(a) In General.--Section 6 of the Land and Water Conservation Fund
Act of 1965 (16 U.S.C. 460l-8) is amended by striking subsection (d)
and inserting the following:
``(d) Selection Criteria; State Action Agenda.--
``(1) Selection criteria.--Each State may develop
priorities and criteria for selection of outdoor conservation
and recreation acquisition and development projects eligible
for grants under this Act, if--
``(A) the priorities and criteria developed by the
State are consistent with this Act;
``(B) the State provides for public participation
in the development of the priorities and criteria; and
``(C) the State develops a State action agenda
(referred to in this section as a `State action
agenda') that includes the priorities and criteria
established under this paragraph.
``(2) State action agenda.--
``(A) In general.--Not later than 5 years after the
date of enactment of this subparagraph, the State, in
partnership with political subdivisions of the State
and Federal agencies and in consultation with the
public, shall develop a State action agenda.
``(B) Required elements.--A State action agenda
shall--
``(i) include strategies to address broad-
based and long-term needs while focusing on
actions that can be funded during the 5-year
period covered by the State action agenda;
``(ii) take into account all providers of
conservation and recreation land in each State,
including Federal, regional, and local
government resources;
``(iii) include the name of the State
agency that will have authority to represent
and act for the State in dealing with the
Secretary for the purposes of this Act;
``(iv) describe the priorities and criteria
for selection of outdoor recreation and
conservation acquisition and development
projects; and
``(v) include a certification by the
Governor of the State that ample opportunity
for public participation has been provided in
the development of the State action agenda.
``(C) Update.--Each State action agenda shall be
updated at least once every 5 years.
``(D) Certification.--The Governor shall certify
that the public has participated in the development of
the State action agenda.
``(E) Coordination with other plans.--
``(i) In general.--The State action agenda
shall be coordinated, to the maximum extent
practicable, with other State, regional, and
local plans for parks, recreation, open space,
fish and wildlife, and wetland and other
habitat conservation.
``(ii) Recovery action programs.--
``(I) In general.--The State shall
use recovery action programs developed
by urban local governments under
section 1007 of the Urban Park and
Recreation Recovery Act of 1978 (16
U.S.C. 2506) as a guide to the
conclusions, priorities, and action
schedules contained in the State action
agenda.
``(II) Requirements for local
planning.--To minimize the redundancy
of local outdoor conservation and
recreation efforts, each State shall
provide that, to the maximum extent
practicable, the findings, priorities,
and implementation schedules of
recovery action programs may be used to
meet requirements for local outdoor
conservation and recreation planning
that are conditions for grants under
the State action agenda.
``(F) Comprehensive statewide outdoor recreation
plan.--A comprehensive statewide outdoor recreation
plan developed by a State before the date that is 5
years after the date of enactment of this subparagraph
shall remain in effect in the State until a State
action agenda is adopted under this paragraph, but not
later than 5 years after the date of enactment of that
Act.''.
(b) Conforming Amendments.--
(1) Section 6(e) of the Land and Water Conservation Fund
Act of 1965 (16 U.S.C. 460l-8(e)) is amended--
(A) in the matter preceding paragraph (1), by
inserting ``or State action agenda'' after ``State
comprehensive plan''; and
(B) in paragraph (1), by inserting ``or State
action agenda'' after ``comprehensive plan''.
(2) 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 ``comprehensive statewide outdoor recreation plan or
State action agenda required by section 6 of the Land and Water
Conservation Fund Act of 1965 (16 U.S.C. 460l-8)''.
(3) 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 ``comprehensive statewide
outdoor recreation plan or State action agenda required by
section 6 of the Land and Water Conservation Fund Act of 1965
(16 U.S.C. 460l-8)''.
(4) Section 6(a) of the Federal Water Project Recreation
Act (16 U.S.C. 460l-17(a)) is amended by striking ``State
comprehensive plan developed pursuant to subsection 5(d) of the
Land and Water Conservation Fund Act of 1965 (78 Stat. 897)''
and inserting ``comprehensive statewide outdoor recreation plan
or State action agenda required by section 6 of the Land and
Water Conservation Fund Act of 1965 (16 U.S.C. 460l-8)''.
(5) Section 8(a) of the National Trails System Act (16
U.S.C. 1247(a)) is amended in the first sentence--
(A) by inserting ``or State action agendas'' after
``comprehensive statewide outdoor recreation plans'';
and
(B) by inserting ``of 1965 (16 U.S.C. 460l-4 et
seq.)'' after ``Fund Act''.
(6) 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)''.
(7) Section 11 of the Wild and Scenic Rivers Act (16 U.S.C.
1282) is amended--
(A) in subsection (a)--
(i) by inserting ``or State action
agendas'' after ``comprehensive statewide
outdoor recreation plans''; and
(ii) by striking ``(78 Stat. 897)'' and
inserting ``(16 U.S.C. 460l-4 et seq.)''; and
(B) 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)''.
(8) Section 206(d) of title 23, United States Code, is
amended--
(A) 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 ``comprehensive
statewide outdoor recreation plan or State action
agenda required by section 6 of the Land and Water
Conservation Fund Act of 1965 (16 U.S.C. 460l-8)''; and
(B) 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
``comprehensive statewide outdoor recreation plan or
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)''.
(9) 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 ``comprehensive statewide outdoor recreation plans or
State action agendas required by section 6 of the Land and
Water Conservation Fund Act of 1965 (16 U.S.C. 460l-8)''.
SEC. 303. ASSISTANCE TO STATES FOR OTHER PROJECTS.
Section 6(e) of the Land and Water Conservation Fund Act of 1965
(16 U.S.C. 460l-8(e)) is amended--
(1) in paragraph (1), by striking ``, but not including
incidental costs relating to acquisition''; and
(2) in paragraph (2), by inserting before the colon the
following: ``or to enhance public safety in a designated park
or recreation area''.
SEC. 304. CONVERSION OF PROPERTY TO OTHER USE.
Section 6(f)(3) of the Land and Water Conservation Fund Act of 1965
(16 U.S.C. 460l-8(f)(3)) is amended--
(1) by striking ``(3) No property'' and inserting the
following:
``(3) Conversion of property to other use.--
``(A) In general.--No property''; and
(2) by striking the second sentence and inserting the
following:
``(B) Requirements for approval.--The Secretary
shall approve a conversion under subparagraph (A) if--
``(i) the State demonstrates that there is
no other prudent or feasible alternative;
``(ii) the property no longer meets the
criteria in the comprehensive statewide outdoor
recreation plan or State action agenda for an
outdoor conservation and recreation facility
because of changes in demographics; or
``(iii) the property must be abandoned
because of environmental contamination that
endangers public health or safety.
``(C) Conditions.--A conversion under subparagraph
(A) shall satisfy any conditions that the Secretary
determines to be necessary to ensure the substitution
of other conservation or recreation property that is--
``(i) of at least equal fair market value;
``(ii) of reasonably equivalent usefulness
and location; and
``(iii) consistent with the comprehensive
statewide outdoor recreation plan or State
action agenda.''.
SEC. 305. WATER RIGHTS.
Title I of the Land and Water Conservation Fund Act of 1965 (16
U.S.C. 460l-4 et seq.) is amended by adding at the end the following:
``SEC. 14. WATER RIGHTS.
``Nothing in this title--
``(1) invalidates, preempts, or modifies any Federal or
State water law or an interstate compact relating to water,
including water quality and disposal;
``(2) alters the rights of any State to an appropriated
share of the water of any body of surface water or groundwater,
as established by interstate compacts entered into, legislation
enacted, or final judicial allocations adjudicated before, on,
or after the date of enactment of this Act; or
``(3) confers on any non-Federal entity the ability to
exercise any Federal right to the waters of any stream or to
any ground water resource.''.
TITLE IV--CONSERVATION AND RESTORATION OF WILDLIFE
SEC. 401. PURPOSES.
The purposes of this title are--
(1) to ensure adequate funding of the program established
under the amendments to the Pittman-Robertson Wildlife
Restoration Act (16 U.S.C. 669 et seq.) enacted by title IX of
H.R. 5548 of the 106th Congress, as enacted by section 1(a)(2)
of Public Law 106-553 (114 Stat. 2762, 2762A-118); and
(2) to ensure the conservation and sustainability of fish
and wildlife to provide and promote greater hunting, angling,
and wildlife viewing opportunities.
SEC. 402. DEFINITIONS.
Section 2 of the Pittman-Robertson Wildlife Restoration Act (16
U.S.C. 669a) is amended--
(1) by redesignating paragraphs (1), (2), (3), (4), (5),
(6), (7), and (8) as paragraphs (2), (4), (5), (6), (7), (8),
(9), and (10), respectively;
(2) by inserting before paragraph (2) (as redesignated by
paragraph (1)) the following:
``(1) Account.--The term `Account' means the Wildlife
Conservation and Restoration Account established by section
3(a)(2).'';
(3) by inserting after paragraph (2) (as redesignated by
paragraph (1)) the following:
``(3) Indian tribe.--The term `Indian tribe'--
``(A) in the case of the State of Alaska, means a
Native corporation (as defined in section 3 of the
Alaska Native Claims Settlement Act (43 U.S.C. 1602));
and
``(B) in the case of any other State, has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
450b).'';
(4) in paragraph (6) (as redesignated by paragraph (1)), by
striking ``including fish'' and inserting ``(including, for
purposes of section 4(d), fish)''; and
(5) in paragraph (10) (as redesignated by paragraph (1)),
by striking ``includes the wildlife conservation and
restoration program and''.
SEC. 403. WILDLIFE CONSERVATION AND RESTORATION ACCOUNT.
Section 3 of the Pittman-Robertson Wildlife Restoration Act (16
U.S.C. 669b) is amended--
(1) by striking ``Sec. 3. (a)(1) An'' and inserting the
following:
``SEC. 3. FEDERAL AID TO WILDLIFE RESTORATION FUND.
``(a) In General.--
``(1) Federal aid to wildlife restoration fund.--An''; and
(2) in subsection (a)--
(A) in paragraph (1), by striking ``Federal aid to
wildlife restoration fund'' and inserting ``Federal Aid
to Wildlife Restoration Fund''; and
(B) by striking paragraph (2) and inserting the
following:
``(2) Wildlife conservation and restoration account.--
``(A) Establishment.--There is established in the
fund a subaccount to be known as the `Wildlife
Conservation and Restoration Account'.
``(B) Funding.--Amounts transferred to the fund for
a fiscal year under section 9(b)(3) of the Outer
Continental Shelf Lands Act--
``(i) shall be deposited in the Account;
and
``(ii) shall be available, without further
appropriation, to carry out State wildlife
conservation and restoration programs under
section 4(d).''.
SEC. 404. APPORTIONMENT TO INDIAN TRIBES.
(a) In General.--Section 4 of the Pittman-Robertson Wildlife
Restoration Act (16 U.S.C. 669c) is amended--
(1) by redesignating the first subsection (c) as subsection
(e); and
(2) in subsection (c), by striking paragraph (1) and
inserting the following:
``(1) Apportionment to district of columbia, puerto rico,
territories, and indian tribes.--
``(A) In general.--Subject to subparagraph (B), for
each fiscal year, the Secretary shall apportion from
amounts available in the Account for the fiscal year--
``(i) to each of the District of Columbia
and the Commonwealth of Puerto Rico, an amount
equal to not more than \1/2\ of 1 percent of
amounts available in the Account;
``(ii) to each of Guam, American Samoa, the
Commonwealth of the Northern Mariana Islands,
and the United States Virgin Islands, a sum
equal to not more than \1/4\ of 1 percent of
amounts available in the Account; and
``(iii) to Indian tribes, an amount equal
to not more than 2\1/4\ percent of amounts
available in the Account, of which--
``(I) \1/3\ shall be apportioned
based on the ratio that the trust land
area of each Indian tribe bears to the
total trust land area of all Indian
tribes; and
``(II) \2/3\ shall be apportioned
based on the ratio that the population
of each Indian tribe bears to the total
population of all Indian tribes.
``(B) Maximum apportionment to indian tribes.--For
each fiscal year, the amounts apportioned under
subparagraph (A)(iii) shall be adjusted proportionately
so that no Indian tribe is apportioned a sum that is
more than 5 percent of the amount available for
apportionment under subparagraph (A)(iii) for the
fiscal year.''.
(b) Conforming Amendments.--
(1) Section 3(c)(2) of the Pittman-Robertson Wildlife
Restoration Act (16 U.S.C. 669b(c)(2)) is amended by striking
``sections 4(d) and (e) of this Act'' and inserting
``subsection (c) and (d) of section 4''.
(2) Section 4(b) of the Pittman-Robertson Wildlife
Restoration Act (16 U.S.C. 669c(b)) is amended by striking
``subsection (c)'' and inserting ``subsection (e)''.
(3) Section 4(d) of the Pittman-Robertson Wildlife
Restoration Act (16 U.S.C. 669c(d)) is amended--
(A) in paragraph (1)--
(i) in subparagraph (A), by redesignating
clauses (i), (ii), and (iii) as subclauses (I),
(II), and (III), respectively, and indenting
the subclauses appropriately;
(ii) by redesignating subparagraphs (A),
(B), and (C) as clauses (i), (ii), and (iii),
respectively, and indenting the clauses
appropriately; and
(iii) by striking ``(1) Any State'' and
inserting the following:
``(1) Requirements.--
``(A) In general.--Any State'';
(iv) by striking ``To apply'' and inserting
the following:
``(B) Plan.--To apply'';
(v) in subparagraph (A) (as designated by
clause (iii))--
(I) by inserting ``or Indian
tribe'' before ``may apply''; and
(II) by striking ``develop a
program'' and inserting the following:
``develop a program for the
conservation and restoration of species
of wildlife identified by the State'';
(vi) in subparagraph (B) (as designated by
clause (iv))--
(I) in the matter preceding clause
(i) (as redesignated by clause (ii)),
by inserting ``or Indian tribe'' before
``shall submit''; and
(II) in clause (i) (as redesignated
by clause (ii)), by inserting ``or
Indian tribe'' after ``State'';
(vii) by redesignating subparagraph (D) as
subparagraph (C); and
(viii) in subparagraph (C) (as redesignated
by clause (vii))--
(I) in the matter preceding clause
(i), by inserting ``a State or Indian
tribe shall'' before ``develop and
begin'';
(II) in clause (i), by inserting
``or Indian tribe'' before ``deems
appropriate'';
(III) in clauses (ii), (iii), (iv),
and (vii), by striking ``paragraph
(1)'' and inserting ``subparagraph
(A)'';
(IV) in clause (vi)--
(aa) by striking ``State
wildlife conservation
strategy'' and inserting
``wildlife conservation
strategy of the State or Indian
tribe''; and
(bb) by striking the
semicolon at the end and
inserting ``; and''; and
(V) in clause (vii), by inserting
``by'' after ``feasible'';
(B) in paragraph (2), by inserting ``or Indian
tribe'' after ``State'';
(C) in paragraph (3), by inserting ``or Indian
tribe'' after ``State'' each place it appears; and
(D) in paragraph (4)--
(i) in subparagraph (A), by striking
``State's wildlife conservation and restoration
program'' each place it appears and inserting
``wildlife conservation and restoration program
of a State or Indian tribe''; and
(ii) in subparagraph (B)--
(I) by inserting ``or Indian
tribe'' after ``each State''; and
(II) by striking ``State's wildlife
conservation and restoration program''
and inserting ``wildlife conservation
and restoration program of a State or
Indian tribe''.
(4) Section 8(b) of the Pittman-Robertson Wildlife
Restoration Act (16 U.S.C. 669g(b)) is amended by striking
``section 4(c)'' and inserting ``section 4(e)''.
(5) Section 10 of the Pittman-Robertson Wildlife
Restoration Act (16 U.S.C. 669h-1) is amended--
(A) in subsection (a)(1)--
(i) in subparagraph (A), by inserting ``or
obligated'' after ``used''; and
(ii) in subparagraph (B), by inserting ``or
obligated'' after ``used''; and
(B) by striking ``section 4(c)'' each place it
appears and inserting ``section 4(e)''.
SEC. 405. NO EFFECT ON PRIOR APPROPRIATIONS.
Nothing in this title or any amendment made by this title applies
to or otherwise affects the availability or use of any amounts
appropriated before the date of enactment of this Act.
TITLE V--URBAN PARK AND RECREATION RECOVERY PROGRAM
SEC. 501. EXPANSION OF PURPOSE OF URBAN PARK AND RECREATION RECOVERY
ACT OF 1978 TO INCLUDE DEVELOPMENT OF NEW AREAS AND
FACILITIES.
Section 1003 of the Urban Park and Recreation Recovery Act of 1978
(16 U.S.C. 2502) is amended in the first sentence by striking
``recreation areas, facilities,'' and inserting ``recreation areas and
facilities, the development of new recreation areas and facilities
(including acquisition of land for that development),''.
SEC. 502. DEFINITIONS.
Section 1004 of the Urban Park and Recreation Recovery Act of 1978
(16 U.S.C. 2503) is amended--
(1) by striking ``When used in this title the term--'' and
inserting ``In this title:'';
(2) by redesignating paragraphs (1), (2), and (3) of
subsection (d) as subparagraphs (A), (B), and (C),
respectively, and indenting appropriately;
(3) by redesignating subsections (a), (b), (c), (d), (e),
(f), (g), (h), (i), (j), and (k) as paragraphs (9), (10), (4),
(1), (8), (6), (3), (12), (7), (13), and (5), respectively, and
moving the paragraphs to appear in numerical order;
(4) in each of paragraphs (1), (3), (4), (5), (6), (7),
(8), (9), (10), (12), and (13) (as redesignated by paragraph
(3))--
(A)(i) by inserting ``_____.--The term'' before the
first quotation mark; and
(ii) by inserting in the blank the term that is in
quotations in each paragraph, respectively; and
(B) by capitalizing the first letter of the term as
inserted in the blank under subparagraph (A)(ii);
(5) in each of paragraphs (1), (3), (4), (6), (7), (8),
(9), (10), and (12) (as redesignated by paragraph (3)), by
striking the semicolon at the end and inserting a period;
(6) in paragraph (13) (as redesignated by paragraph (3)),
by striking ``; and'' at the end and inserting a period;
(7) by inserting after paragraph (1) (as redesignated by
paragraph (3)) the following:
``(2) Development grant.--
``(A) In general.--The term `development grant'
means a matching capital grant made to a unit of local
government to cover costs of development, land
acquisition, and construction at 1 or more existing or
new neighborhood recreation sites (including indoor and
outdoor recreational areas and facilities, support
facilities, and landscaping).
``(B) Exclusions.--The term `development grant'
does not include a grant made to pay the costs of
routine maintenance or upkeep activities.'';
(8) in paragraph (5) (as redesignated by paragraph (3)), by
inserting ``the Commonwealth of'' before ``Northern Mariana
Islands''; and
(9) by inserting after paragraph (10) (as redesignated by
paragraph (3)) the following:
``(11) Secretary.--The term `Secretary' means the Secretary
of the Interior.''.
SEC. 503. ELIGIBILITY.
Section 1005 of the Urban Park and Recreation Recovery Act of 1978
(16 U.S.C. 2504) is amended by striking subsection (a) and inserting
the following:
``(a) Eligibility for Assistance.--
``(1) Definition of general purpose local government.--For
the purpose of determining eligibility for assistance under
this title, the term `general purpose local government'
includes--
``(A) any political subdivision of a metropolitan,
primary, or consolidated statistical area, as
determined by the most recent decennial census;
``(B) any other city, town, or group of 1 or more
cities or towns within a metropolitan statistical area
described in subparagraph (A) that has a total
population of at least 50,000, as determined by the
most recent decennial census; and
``(C) any other county, parish, or township with a
total population of at least 250,000, as determined by
the most recent decennial census.
``(2) Selection.--The Secretary shall award assistance to
general purpose local governments under this title on the basis
of need, as determined by the Secretary.''.
SEC. 504. GRANTS.
Section 1006(a) of the Urban Park and Recreation Recovery Act of
1978 (16 U.S.C. 2505(a)) is amended--
(1) in the first sentence, by striking ``rehabilitation and
innovative'';
(2) in paragraph (1), by striking ``rehabilitation and
innovation''; and
(3) in paragraph (2), by striking ``rehabilitation or
innovative''.
SEC. 505. RECOVERY ACTION PROGRAMS.
Section 1007(a) of the Urban Park and Recreation Recovery Act of
1978 (16 U.S.C. 2506(a)) is amended--
(1) in the first sentence, by inserting ``development,''
after ``commitments to ongoing planning,''; and
(2) in paragraph (2), by inserting ``development and''
after ``adequate planning for''.
SEC. 506. STATE ACTION INCENTIVES.
Section 1008 of the Urban Park and Recreation Recovery Act of 1978
(16 U.S.C. 2507) is amended--
(1) in the first sentence, by inserting ``(a) In general.--
'' before ``The Secretary is authorized''; and
(2) by striking the last sentence of subsection (a) (as
designated by paragraph (1)) and inserting the following:
``(b) Coordination With Land and Water Conservation Fund
Activities.--
``(1) In general.--The Secretary and general purpose local
governments are encouraged to coordinate the preparation of
recovery action programs required by this title with
comprehensive statewide outdoor recreation plans or State
action agendas required by section 6 of the Land and Water
Conservation Fund Act of 1965 (16 U.S.C. 460l-8) (including by
allowing flexibility in preparation of recovery action programs
so that those programs may be used to meet State and local
qualifications for local receipt of grants under that Act or
State grants for similar purposes or for other conservation or
recreation purposes).
``(2) Considerations.--The Secretary shall encourage States
to consider the findings, priorities, strategies, and schedules
included in the recovery action programs of the urban
localities of the States in preparation and updating of
comprehensive statewide outdoor recreation plans or State
action agendas in accordance with the public participation and
citizen consultation requirements of section 6(d) of the Land
and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-
8(d)).''.
SEC. 507. CONVERSION OF RECREATION PROPERTY.
Section 1010 of the Urban Park and Recreation Recovery Act of 1978
(16 U.S.C. 2509) is amended to read as follows:
``SEC. 1010. CONVERSION OF RECREATION PROPERTY.
``(a) In General.--Except as provided in subsection (b), no
property developed, acquired, improved, or rehabilitated using funds
from a grant under this title shall, without the approval of the
Secretary, be converted to any purpose other than a public recreation
purpose.
``(b) Approval.--
``(1) In general.--The Secretary shall approve the
conversion of property under subsection (a) to a purpose other
than a public recreation purpose only if the grant recipient
demonstrates that no prudent or feasible alternative exists.
``(2) Applicability.--Paragraph (1) applies to property
that--
``(A) is no longer viable for use as a recreation
facility because of changes in demographics; or
``(B) must be abandoned because of environmental
contamination or any other condition that endangers
public health or safety.
``(c) Conditions.--Any conversion of property under this section
shall satisfy such conditions as the Secretary considers necessary to
ensure the substitution for the property of other recreation property
that is--
``(1) at a minimum, equivalent in fair market value,
usefulness, and location; and
``(2) subject to the recreation recovery action program of
the grant recipient that is in effect as of the date of the
conversion of the property.''.
SEC. 508. TREATMENT OF TRANSFERRED AMOUNTS.
Section 1013 of the Urban Park and Recreation Recovery Act of 1978
(16 U.S.C. 2512) is amended to read as follows:
``SEC. 1013. FUNDING.
``(a) Treatment of Amounts Transferred From Get Outdoors Act
Fund.--
``(1) In general.--Amounts transferred to the Secretary
under section 9(b)(4) of the Outer Continental Shelf Lands Act
(43 U.S.C. 1338(b)(4)) for a fiscal year shall be available to
the Secretary, without further appropriation, to carry out this
title.
``(2) Unpaid and unobligated amounts.--Any amount described
in paragraph (1) that is not paid or obligated by the Secretary
before the end of the second fiscal year beginning after the
first fiscal year in which the amount is made available under
paragraph (1) shall be reapportioned by the Secretary among
grant recipients under this title.
``(b) Deduction for Administrative Expenses.--For each fiscal year,
the Secretary may deduct, for payment of administrative expenses
incurred by the Secretary in carrying out this section, not more than 4
percent of the amounts made available to the Secretary for the fiscal
year under subsection (a).
``(c) Limitations on Annual Grants.--After making the deduction
under subsection (b), of the amounts made available for a fiscal year
under subsection (a)--
``(1) not more than 10 percent may be used for innovation
grants under section 1006;
``(2) not more than 3 percent may be used for grants for
the development of local park and recreation recovery action
programs under subsections (a) and (c) of section 1007; and
``(3) not more than 15 percent, in the aggregate, may be
provided in the form of grants for projects in any 1 State.
``(d) Limitation on Use for Grant Administration.--The Secretary
shall establish a limit on the percentage, not to exceed 25 percent, of
any grant under this title that may be used for grant and program
administration.''.
SEC. 509. REPEAL.
Sections 1014 and 1015 of the Urban Park and Recreation Recovery
Act of 1978 (16 U.S.C. 2513, 2514) are repealed.
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