[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 964 Introduced in Senate (IS)]







109th CONGRESS
  1st Session
                                 S. 964

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.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 28, 2005

Mr. Alexander (for himself, Ms. Landrieu, Mr. Vitter, and Mr. Johnson) 
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 2005''.
    (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 2006 through 2011, 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 2006 through 2011, 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, 
        $450,000,000;
            ``(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) Leasing moratoria.--The term `leasing moratoria' 
        means the prohibitions on preleasing, leasing, and related 
        activities on any geographic area of the outer Continental 
        Shelf as contained in--
                    ``(A) the moratorium statement of the President on 
                June 12, 1998; or
                    ``(B) section 110 of the Department of the Interior 
                and Related Agencies Appropriations Act, 2002 (Public 
                Law 107-63; 115 Stat. 438).
            ``(8) Political subdivision.--The term `political 
        subdivision' means the local political jurisdiction immediately 
        below the level of State government, including counties, 
        parishes, and boroughs.
            ``(9) Producing state.--
                    ``(A) In general.--The term `producing State' means 
                a coastal State that has a coastal seaward boundary 
                within 200 miles of the geographic center of a leased 
                tract within any area of the outer Continental Shelf.
                    ``(B) Exclusion.--The term `producing State' does 
                not include a producing State, a majority of the 
                coastline of which is subject to leasing moratoria.
            ``(10) Qualified outer continental shelf revenues.--
                    ``(A) In general.--The term `qualified Outer 
                Continental Shelf revenues' means all amounts received 
                by the United States 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, 2005, unless the lease 
                was in production on that date.
            ``(11) 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 2006 through 
        2011, 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 (C) and subject to subparagraph (D), the 
                transferred amount shall be allocated to each producing 
                State based on the ratio that--
                            ``(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) Amount of outer continental shelf revenues.--
                For purposes of subparagraph (A)--
                            ``(i) the amount of qualified outer 
                        Continental Shelf revenues for each of fiscal 
                        years 2006 through 2008 shall be determined 
                        using qualified outer Continental Shelf 
                        revenues received for fiscal year 2005; and
                            ``(ii) the amount of qualified outer 
                        Continental Shelf revenues for each of fiscal 
                        years 2009 through 2011 shall be determined 
                        using qualified outer Continental Shelf 
                        revenues received for fiscal year 2008.
                    ``(C) 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.
                    ``(D) Minimum allocation.--The amount allocated to 
                a producing State under subparagraph (A) shall be at 
                least 1 percent of the transferred amount.
            ``(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, 2005, 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, 2008, 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 2006, the 
                Secretary shall approve or disapprove a plan submitted 
                under paragraph (1) not later than December 31, 2006.
    ``(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.
                                 <all>