[Congressional Record Volume 145, Number 34 (Thursday, March 4, 1999)]
[Senate]
[Pages S2280-S2284]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mrs. FEINSTEIN:
  S. 532. A bill to provide increased funding for the Land and Water 
Conservation Fund and Urban Parks and Recreation Recovery Programs, to 
resume the funding of the State grants program of the Land and Water 
Conservation Fund, and to provide for the acquisition and development 
of conservation and recreation facilities and programs in urban areas, 
and for other purposes; to the Committee on Energy and Natural 
Resources.


           public lands and recreation investment act of 1999

  Mrs. FEINSTEIN. Mr. President, today I am introducing the Public 
Lands and Recreation Investment Act of 1999. This bill will provide 
funding for two of our nation's most important conservation and 
recreation programs--the Land and Water Conservation Fund and the Urban 
Parks and Recreation Recovery Act--that have been woefully underfunded 
in recent years.
  Every year, the Federal government collects about $4 billion from oil 
and gas leases on the Outer Continental Shelf. These leases have 
detrimental impacts on our environment, so it is fitting that in 1965 
Congress created the Land and Water Conservation Fund. This fund is 
authorized to use $900 million annually in Outer Continental Shelf 
lease payments to purchase park and recreation lands in or near our 
national parks, wildlife refuges, national forests, and other public 
lands. The fund also is supposed to provide grants to states, so that 
state and local governments may purchase parklands and recreation 
facilities.
  Acquisition of these lands protects some of our nation's most crucial 
natural resources, including key watersheds that provide drinking water 
to millions of Americans, and vital wildlife habitat for endangered 
species. Public lands also provide recreation opportunities for 
millions of Americans, and open spaces in increasingly crowded urban 
areas. Over the years, the Land and Water Conservation Fund has 
protected lands in all 50 States, including such special places as 
Yellowstone National Park, the Everglades, and the California Desert.
  Unfortunately, the Land and Water Conservation Fund's tremendous 
promise has not yet been fulfilled. Last year Congress and the 
President provided only $328 million of the $900 million collected by 
the Land and Water Conservation Fund for land acquisition. The rest 
went back into the Treasury, for deficit reduction or spending on other 
programs. The Land and Water Conservation Fund has collected over $21 
billion since its creation in 1965, but only $9 billion has been spent. 
Unappropriated balances in the fund now total $13 billion, and they are 
growing every year.
  In the meantime, a huge backlog has developed in the federal 
acquisition of environmentally sensitive land. The U.S. Department of 
Interior estimates that the cost of acquiring inholdings in national 
parks, wildlife refuges, national forests, and other public lands now 
totals over $10 billion. In addition, the federal government receives 
about $600 million in Land and Water Conservation Fund requests each 
year.
  The funding shortfall has been particularly difficult for State and 
local governments. For the last several years, Congress has provided no 
funding for the stateside grants portion of the Land and Water 
Conservation Fund, or to The Urban Parks and Recreation Recovery Act, a 
separate program that provides for rehabilitation of recreation 
facilities and improved recreation programs in our nation's cities.
  Last month President Clinton proposed the Lands Legacy Initiative, 
which would provide $1 billion from the Land and Water Conservation 
Fund in fiscal year 2000. The President's initiative would expand our 
nation's public lands, provide grants to states for land acquisition, 
promote open space and ``smart growth,'' improve wildlife habitat, and 
protect farmland from development. The Lands Legacy Initiative is a 
good first step, but our commitment to public lands should not be a 
one-year deal.
  Therefore, I am pleased that other Senators have introduced bills 
that would provide permanent funding for the Land and Water 
Conservation Fund and the Urban Parks and Recreation Recovery Act, as 
well as a number of other programs. I support Senator Boxer's bill, the 
Permanent Protection for America's Resources Act, and I look forward to 
working with her and with all Senators interested in public lands, 
coastal restoration, and wildlife protection.
  If Senator Boxer's bill does not move, however, the bill that I am 
introducing today is a moderate alternative that I believe will enjoy 
broad

[[Page S2281]]

bipartisan support. The bill is important for three reasons. First, it 
focuses exclusively on guaranteed annual funding for the Land and Water 
Conservation Fund and Urban Parks and Recreation Recovery Program. I 
want to ensure that the Land and Water Conservation Fund remains a top 
priority for Congress regardless of other important environmental 
programs that are funded. We cannot lose sight of how important the 
Land and Water Conservation Fund is to America's conservation and 
recreation efforts.
  Second, the bill makes no changes to the Land and Water Conservation 
Fund that impede the federal government's ability to acquire land. Two 
bills currently pending in Congress would restrict federal land 
purchases to inholdings within existing parks only, and require prior 
Congressional authorization even for small acquisitions that have 
traditionally been approved through the appropriations process. These 
bills also require that two-thirds of the federal funding be spent east 
of the 100th meridian.
  Under these terms, projects such as the Headwaters acquisition, where 
the federal government and State of California bought the largest 
ancient redwood stand in private hands, would have been impossible. I 
believe strongly that the primary purpose of the Land and Water 
Conservation Fund--to enable the federal government to permanently 
protect our nation's most special places--must be preserved and 
strengthened, not eroded.
  Finally, this bill revives the state grants portion of the Land and 
Water Conservation Fund, which has funded over 37,000 state parks 
projects over the last three decades, as well as the Urban Parks and 
Recreation Recovery Program. These programs have worked well for 
decades, and I would like to restore funding for them while preserving 
broad latitude for states and local governments to determine their own 
conservation and recreation priorities. The bill does not establish 
competitive grants under the state program.
  Specifically, the bill amends the Land and Water Conservation Fund 
Act to say that $900 million will be automatically appropriated each 
year for the Land and Water Conservation Fund and the Urban Parks and 
Recreation Recovery Program. The bill also provides that 40 percent of 
the funds provided under this act must be spent on stateside grants. 
This will revive the moribund State grants program and ensure that 
states get their fair share of parks and recreation dollars. States 
will be required to ``pass through'' 50 percent of the grants they 
receive directly to local governments.
  In addition, the bill provides that 10 percent of the funds provided 
under this act be allocated to the Urban Parks and Recreation Recovery 
program. This will ensure that recreation facilities and open space 
remain top priorities where they are urgently needed--increasingly 
crowded cities. The Urban Parks and Recreation Recovery Act will be 
amended to allow funds to be spent for construction of recreation 
facilities, and acquisition of park lands in urban areas.

  The bill also requires the President to submit an annual priority 
list to Congress for expenditure of funds provided to federal agencies 
under this act. The bill specifically provides for Congressional 
approval of this priority list, so that Congress will retain authority 
to decide how Land and Water Conservation Fund dollars are spent on 
federal lands.
  The bill changes requirements for the Land and Water Conservation 
Fund's stateside grants program, including a new requirement for States 
to develop, with public input, action agendas that identify their top 
conservation and recreation acquisition needs. Finally, the bill 
provides that Indian tribes will be recognized collectively as one 
state under the state grants program.
  The Public Land and Recreation Investment Act will have a major and 
immediate impact on conservation and recreation nationwide. In my home 
state, increased funding for the Land and Water Conservation Fund could 
allow for the purchase of 483,000 acres of inholdings in national parks 
and wilderness areas in the California Desert, dramatically improving 
recreation opportunities in three of our nation's newest national 
parks. It could permanently protect sensitive watersheds at Lake Tahoe 
and help preserve the Lake's astounding water quality. And it could 
restore wetlands in San Francisco Bay, which has lost over 80 percent 
of its wetlands in the last 100 years.
  Nationally, funding for the Land and Water Conservation Fund will 
help to preserve special places like Cape Cod National Seashore and the 
Kodiak National Wildlife Refuge, whose land acquisition needs have gone 
unmet in recent years.
  Reviving the Urban Parks and Recreation Recovery Act will help cities 
across our nation improve parks and recreation opportunities for their 
residents. In the past, the Urban Parks and Recreation Recovery Act has 
funded summer recreation, anti-drug counseling, and job training for 
teenagers in low income neighborhoods in Fresno. The City of Milwaukee 
instituted a ``Park Watch'' program to help neighborhoods combat 
vandalism and crime in city parks. And in Tuscon, Arizona, the UPARR 
program funded a health and physical fitness program for children, 
senior citizens, and disabled youth.
  This bill is strongly supported by groups that seek to protect 
conservation and recreation resources for all Americans.
  Mr. President, I will submit for the Record at the end of my 
statement, letters from the Sierra Club, the Wilderness Society, and 
Defenders of Wildlife, who strongly support the Public Land and 
Recreation Investment Act of 1999.
  Mr. President, the bottom line is that for too long, we have diverted 
monies intended for conservation and recreation to other purposes. This 
bill will help to correct that imbalance, and ensure a lasting legacy 
for our children and grandchildren. Whether they hike through a 
pristine wilderness, climb on an urban jungle gym, or picnic in a 
greenbelt outside their hometown, they will have the Land and Water 
Conservation Fund and the Urban Parks and Recreation Recovery Act to 
thank. That is something I believe we can all be proud of.
  Mr. President, I ask unanimous consent that the text of the bill and 
letters of support be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                 S. 532

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Public Land and Recreation 
     Investment Act of 1999''.

     SEC. 2. FINDINGS.

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

[[Page S2282]]

       (9) increased investment in conservation and recreation is 
     essential to maintaining America's environmental quality and 
     high quality of life.

     SEC. 3. PURPOSES.

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

     SEC. 4. LAND AND WATER CONSERVATION FUND.

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

     ``SEC. 3. APPROPRIATIONS.

       ``(a) In General.--Moneys'';
       (2) by striking the third sentence; and
       (3) by adding at the end the following:
       ``(b) Permanent Appropriation.--There is appropriated out 
     of the fund to carry out this Act $900,000,000 for each 
     fiscal year, to remain available until expended.''.
       (b) Allocation of Fund.--Section 5 of the Land and Water 
     Conservation Fund Act of 1965 (16 U.S.C. 460l-7) is amended--
       (1) by striking the first, second, and third sentences and 
     inserting the following:
       ``(a) In General.--Of amounts annually available to carry 
     out this Act for any fiscal year--
       ``(1) 40 percent shall be allocated for financial 
     assistance to States under section 6, of which not less than 
     50 percent shall be directed to local governments to provide 
     natural areas, open space, parkland, wildlife habitat, and 
     recreation areas;
       ``(2) 50 percent shall be allocated for Federal purposes 
     under section 7; and
       ``(3) 10 percent shall be allocated for grants to local 
     governments under the Urban Park and Recreation Recovery Act 
     of 1978 (16 U.S.C. 2501 et seq.).''; and
       (2) by striking ``There shall be'' and inserting the 
     following:
       ``(b) Special Account.--There shall be''.
       (c) Financial Assistance to States.--
       (1) In general.--Section 6 of the Land and Water 
     Conservation Fund Act of 1965 (16 U.S.C. 460l-8) is amended--
       (A) in subsection (b)--
       (i) in paragraph (1), by striking ``forty per centum'' and 
     all that follows through ``twenty per centum'' and inserting 
     ``30 percent of the first $225,000,000 and 20 percent''; and
       (ii) by adding at the end the following:
       ``(6) Indian tribes.--
       ``(A) Definition.--In this paragraph, the term `Indian 
     tribe' means an Indian or Alaska Native tribe, band, nation, 
     pueblo, village, or community that the Secretary of the 
     Interior recognizes as an Indian tribe under section 104 of 
     the Federally Recognized Indian Tribe List Act of 1994 (25 
     U.S.C. 479a-1).
       ``(B) Apportionment.--For the purposes of paragraph (1), 
     the Indian tribes--
       ``(i) shall be treated collectively as 1 State; and
       ``(ii) shall receive shares of their collective 
     apportionment under that paragraph in amounts to be 
     determined by the Secretary of the Interior.
       ``(C) Other treatment.--For all other purposes of this 
     title, each Indian tribe shall be treated as a State, except 
     that--
       ``(i) an Indian tribe shall not be required to direct 50 
     percent of the financial assistance provided under this Act 
     to local governments; and
       ``(ii) an Indian tribe may use financial assistance 
     provided under this Act only if the Indian tribe provides 
     assurances, subject to the approval of the Secretary, that 
     the Indian tribe will maintain conservation and recreation 
     opportunities to the public at large in perpetuity on land 
     and facilities funded under this Act.
       ``(D) Limitation.--For any fiscal year, no single Indian 
     tribe shall receive more than 10 percent of the total amount 
     made available under paragraph (1) to all Indian tribes, 
     collectively.'';
       (B) by striking subsection (d) and inserting the following:
       ``(d) State Action Agendas.--
       ``(1) In general.--To qualify for financial assistance 
     under this section, a State, in consultation with local 
     subdivisions, nonprofit and other private organizations, and 
     interested citizens, shall prepare and submit to the 
     Secretary a State action agenda for recreation, open space, 
     and conservation that identifies the State's recreation, open 
     space, and conservation needs and priorities.
       ``(2) Requirements.--A State action agenda--
       ``(A) shall take into account long-term recreation, open 
     space, and conservation needs (including preservation of 
     habitat for threatened and endangered species and other 
     species of conservation concern) but focus on actions that 
     can be funded over a 4-year period;
       ``(B) shall be updated every 4 years and approved by the 
     Governor;
       ``(C) shall be considered in an active public involvement 
     process that includes public hearings around the State;
       ``(D) shall take into account activities and priorities of 
     managers of conservation land, open space, and recreation 
     land in the State, including Federal, regional, local, and 
     nonprofit agencies; and
       ``(E) to the extent practicable, shall be coordinated with 
     other State, regional, and local plans for parks, recreation, 
     open space, and wetland conservation.
       ``(3) Use of recovery action plans.--A State shall use 
     recovery action plans developed by local governments under 
     section 1007 of the Urban Park and Recreation Recovery Act of 
     1978 (16 U.S.C. 2506) as a guide in formulating the 
     conclusions and action items contained in the State action 
     agenda.''; and
       (C) by striking subsection (f)(3) and inserting the 
     following:
       ``(3) Conversion of use of property.--
       ``(A) In general.--No property acquired or developed with 
     assistance under this section may be converted to a use other 
     than use for recreation, open space, or conservation without 
     the approval of the Secretary.
       ``(B) Approval.--
       ``(i) In general.--The Secretary may approve a conversion 
     of use of property under subparagraph (A) if the State 
     demonstrates that--

       ``(I) no prudent or feasible alternative to conversion of 
     the use of the property exists;
       ``(II) because of changes in demographics, the property is 
     no longer viable for use for recreation, open space, or 
     conservation; or
       ``(III) the property must be abandoned because of 
     environmental contamination that endangers public health or 
     safety.

       ``(ii) Substitution of other property.--

       ``(I) In general.--Conversion of the use of property shall 
     satisfy any condition that the Secretary considers necessary 
     to ensure that--

       ``(aa) the substituted property is property in the State 
     that is of at least equal market value and reasonably 
     equivalent usefulness and location; and
       ``(bb) the use of the substituted property for recreation, 
     open space, or conservation is consistent with the State 
     action agenda.

       ``(II) Wetland areas.--A wetland area or interest in a 
     wetland area (as identified in the wetland provisions of the 
     State action agenda) that is proposed to be acquired as a 
     suitable substitute property and that is otherwise acceptable 
     to the Secretary shall be considered to be of reasonably 
     equivalent usefulness to the property proposed for 
     conversion.''.

       (2) Transition provision.--Any comprehensive statewide 
     outdoor recreation plan developed by a State under section 
     6(d) of the Land and Water Conservation Fund Act of 1965 (16 
     U.S.C. 460l-8(d)) before the date that is 5 years after the 
     date of enactment of this Act shall remain in effect in the 
     State until a State action agenda has been adopted in 
     accordance with the amendment made by paragraph (1), but not 
     later than 5 years after the date of enactment of this Act.
       (3) Conforming amendments.--
       (A) Section 6 of the Land and Water Conservation Fund Act 
     of 1965 (16 U.S.C. 460l-8(e)) is amended--
       (i) in subsection (e)--

       (I) in the matter preceding paragraph (1), by striking 
     ``State comprehensive plan'' and inserting ``State action 
     agenda''; and
       (II) in paragraph (1), by striking ``, or wetland areas and 
     interests therein as identified in the wetlands provisions of 
     the comprehensive plan''; and

       (ii) in subsection (f)(3)--

       (I) in the second sentence, by striking ``then existing 
     comprehensive statewide outdoor recreation plan'' and 
     inserting ``State action agenda''; and
       (II) by striking ``: Provided,'' and all that follows.

       (B) Section 32(e) of the Bankhead-Jones Farm Tenant Act (7 
     U.S.C. 1011(e)) is amended in the last proviso of the first 
     paragraph by striking ``existing comprehensive statewide 
     outdoor recreation plan found adequate for purposes of the 
     Land and Water Conservation Fund Act of 1965 (78 Stat. 897)'' 
     and inserting ``State action agenda required by section 6 of 
     the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 
     460l-8)''.
       (C) Section 102(a)(2) of the National Historic Preservation 
     Act (16 U.S.C. 470b(a)(2)) is amended by striking 
     ``comprehensive statewide outdoor recreation plan prepared 
     pursuant to the Land and Water Conservation Fund Act of 1965 
     (78 Stat. 897)'' and inserting ``State action agenda required 
     by section 6 of the Land and Water Conservation Fund Act of 
     1965 (16 U.S.C. 460l-8)''.
       (D) Section 8(a) of the National Trails System Act (16 
     U.S.C. 1247(a)) is amended in the first sentence--
       (i) by striking ``comprehensive statewide outdoor 
     recreation plans'' and inserting ``State action agendas''; 
     and
       (ii) by inserting ``of 1965 (16 U.S.C. 460l-4 et seq.)'' 
     after ``Fund Act''.
       (E) Section 11(a)(2) of the National Trails System Act (16 
     U.S.C. 1250(a)(2)) is amended by striking ``(relating to the 
     development of Statewide Comprehensive Outdoor Recreation 
     Plans)'' and inserting ``(16 U.S.C. 460l-8) (relating to the 
     development of State action agendas''.
       (F) Section 11 of the Wild and Scenic Rivers Act (16 U.S.C. 
     1282) is amended--
       (i) in subsection (a)--

       (I) by striking ``comprehensive statewide outdoor 
     recreation plans'' and inserting ``State action agendas''; 
     and
       (II) by striking ``(78 Stat. 897)'' and inserting ``(16 
     U.S.C. 460l-4 et seq.)''; and

       (ii) in subsection (b)(2)(B), by striking ``(relating to 
     the development of statewide comprehensive outdoor recreation 
     plans)'' and inserting ``(16 U.S.C. 460l-8) (relating to the 
     development of State action agendas''.
       (G) Section 1008 of the Urban Park and Recreation Recovery 
     Act of 1978 (16 U.S.C.

[[Page S2283]]

     2507) is amended in the last sentence by striking ``statewide 
     comprehensive outdoor recreation plans'' and inserting 
     ``State action agendas required by section 6 of the Land and 
     Water Conservation Fund Act of 1965 (16 U.S.C. 460l-8)''.
       (H) Section 206(d) of title 23, United States Code, is 
     amended--
       (i) in paragraph (1)(B), by striking ``statewide 
     comprehensive outdoor recreation plan required by the Land 
     and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-4 et 
     seq.)'' and inserting ``State action agenda required by 
     section 6 of the Land and Water Conservation Fund Act of 1965 
     (16 U.S.C. 460l-8)''; and
       (ii) in paragraph (2)(D)(ii), by striking ``statewide 
     comprehensive outdoor recreation plan that is required by the 
     Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-
     4 et seq.)'' and inserting ``State action agenda that is 
     required by section 6 of the Land and Water Conservation Fund 
     Act of 1965 (16 U.S.C. 460l-8)''.
       (I) Section 202(c)(9) of the Federal Land Policy and 
     Management Act of 1976 (43 U.S.C. 1712(c)(9)) is amended by 
     striking ``statewide outdoor recreation plans developed under 
     the Act of September 3, 1964 (78 Stat. 897), as amended'' and 
     inserting ``State action agendas required by section 6 of the 
     Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-
     8)''.
       (d) Federal Purposes.--Section 7 of the Land and Water 
     Conservation Fund Act of 1965 (16 U.S.C. 460l-9) is amended 
     by adding at the end the following:
       ``(d) Priority Acquisitions.--
       ``(1) In general.--As part of the annual budget request 
     under section 1105 of title 31, United States Code, for each 
     fiscal year, the President shall submit a list of priority 
     acquisitions for expenditure of the Federal allocation under 
     this section.
       ``(2) Consultation.--The Federal priority list shall be 
     prepared in consultation with the Secretary of Agriculture 
     and the Secretary of the Interior.
       ``(3) Considerations.--In preparing the priority list, the 
     agency heads shall consider--
       ``(A) the potential adverse impacts that might result if 
     the acquisition were not undertaken;
       ``(B) the availability of appraisals of land, water, or 
     interests in land or water and other information necessary to 
     complete the acquisition in a timely manner;
       ``(C) the conservation and recreational values that the 
     acquired land, water, or interest in land or water will 
     provide; and
       ``(D) any other factors that the agency heads consider 
     appropriate.
       ``(4) Use of funds.--An agency head shall expend funds 
     appropriated for a fiscal year for acquisitions in the order 
     of priority specified in the budget request unless Congress, 
     in the general appropriation Act for the fiscal year, 
     specifies a different order of priority or list of 
     priorities.''.

     SEC. 5. URBAN PARK AND RECREATION RECOVERY PROGRAM.

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

     ``SEC. 1005. ELIGIBILITY.

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

     ``SEC. 6. GRANTS.

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

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

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

                                                 January 29, 1999.
     Hon. Dianne Feinstein,
     U.S. Senate, Washington, DC.
       Dear Senator Feinstein: On behalf of Defenders of Wildlife, 
     the Sierra Club and our nearly one million members and 
     supporters, we want to thank you for your leadership in 
     introducing the Public Land and Recreation Improvement Act of 
     1999 to provide permanent increased funding for both the Land 
     and Water Conservation Fund and the Urban Parks and 
     Recreation Recovery Program.
       Ensuring full and permanent funding for the Land and Water 
     Conservation Fund (LWCF) has been a major priority of the 
     environmental community for many years. LWCF represents a 
     promise made by Congress to the American people to reinvest 
     revenue from the development of non-renewable resources into 
     acquisition and permanent protection of key land, water, and 
     open space resources for future generations.
       Unfortunately, the LWCF promise is one that has remained 
     largely unfulfilled--funding has averaged only about 25% of 
     its annual authorized level. As a result, numerous 
     conservation opportunities are being lost. Our nation's 
     obligation to purchase lands within our National Wildlife 
     Refuges, Parks, Forests, and Bureau of Land Management units 
     has been neglected. Rivers, estuaries, and wetlands across 
     the country are at risk. Pristine wilderness, vital to clean 
     water and habitat protection, and the foundation of our 
     nation's natural heritage is being threatened or destroyed. 
     Parks and open space--the cornerstone for quality of life in 
     our urban areas--are falling victim to urban sprawl and 
     unchecked development.
       As the Public Land and Recreation Improvement Act of 1999 
     correctly asserts, the need to provide additional protection 
     to our nation's vanishing wildlands and habitats is greater 
     than ever. The National Biological Service warned in a 1995 
     report that the nation's ecosystems are in decline and many 
     of our park and forest areas must be acquired quickly before 
     lands and wildlife are destroyed.
       Your bill takes an important step forward in renewing the 
     commitment made to the American people more than 30 years ago 
     when the LWCF Act was originally passed to preserve--instead 
     of losing forever--these irreplaceable land and water 
     resources.
       As you know, the President has also recently made a 
     commitment to seek full and permanent funding for LWCF and 
     other related programs to protect habitat, open space, and 
     important marine and coastal resources. Moreover, the 
     environmental community strongly supports the dedication of 
     funding both for marine and coastal resource protection and 
     critically underfunded state non-game wildlife conservation 
     programs. We are eager to work with you, the President, and 
     other leaders on these issues in Congress to ensure permanent 
     and mandatory funding that addresses all of these crucial 
     needs without creating any incentives for new offshore 
     drilling as some current proposals in Congress would do.

[[Page S2284]]

       Again, we applaud your leadership in introducing this 
     important legislation and thank you for your commitment to 
     preserving our magnificent natural heritage.
           Sincerely,
     Rodger Schlickeisen,
       President, Defenders of Wildlife.
     Carl Pope,
       Executive Director, Sierra Club.
                                  ____



                                       The Wilderness Society,

                                 Washington, DC, February 1, 1999.
       Dear Senator Feinstein: The Wilderness Society would like 
     to commend your efforts in introducing the ``Public Lands and 
     Recreation Investment Act of 1999''. By focusing your bill on 
     LWCF and the Urban Park and Recreation and Recovering (UPAAR) 
     program, it will address needs of expanding population and 
     urban sprawl.
       This bill crystallizes several important concepts. It 
     dramatically elevates the funding for LWCF and resuscitates 
     the state-size grant program. Additionally, it reactivates 
     UPAAR and adapts it to respond to contemporary urban needs by 
     allowing land acquisition. Furthermore, the inclusing of 
     language that allow tribes to participate equally with states 
     for matching grants for planning acquisition and 
     rehabilitation sets an important standard.
       We support your thoughtful efforts on behalf America's 
     public lands and appreciate the leadership you have provided.
           Sincerely,
                                               William H. Meadows,
                                                        President.
                                 ______