[Congressional Record Volume 146, Number 20 (Tuesday, February 29, 2000)]
[Senate]
[Pages S936-S946]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Ms. LANDRIEU (for herself, Mr. Murkowski, Mr. Lott, Mr. 
        Breaux, and Mrs. Feinstein):
  S. 2123. A bill to provide Outer Continental Shelf Impact assistance 
to State and local governments, to amend the Land and Water 
Conservation Fund Act of 1965, the Urban Park and Recreation Recovery 
Act of 1978, and the Federal Aid in Wildlife Restoration Act (commonly 
referred to as the Pittman-Robertson Act) to establish a fund to meet 
the outdoor conservation and recreation needs of the American people, 
and for other purposes; to the Committee on Energy and Natural 
Resources.


               conservation and reinvestment act of 1999

  Ms. LANDRIEU. Mr. President, on Thursday February 17th, the House 
Resources Committee filed their report on a historic piece of 
legislation, the Conservation and Reinvestment Act, H.R. 701 which 
would reinvest a portion of offshore oil and gas revenues in coastal 
conservation and impact assistance programs,the Land and Water 
Conservation Fund, wildlife conservation, historic treasures and 
outdoor recreation. This remarkable compromise was developed by 
Congressmen Don Young, George Miller, Billy Tauzin, John Dingell, Chris 
John, Bruce Vento, and Tom Udall and was passed by the House Resources 
Committee by a vote of 37-12 on November 10, 1999. To date, the bill 
has accumulated over 300 co-sponsors. Hopefully, this legislation will 
be considered by the full House sometime this Spring.
  The H.R. 701 compromise is a companion to the Senate version of the 
Conservation and Reinvestment Act, S. 25. Today I would like to 
acknowledge the remarkable work done by Mr. Young, Mr. Miller, Mr. 
Tauzin, Mr. Dingell, Mr. John, Mr. Vento, and Mr. Udall as I, along 
with Senators Murkowski, Lott, Breaux and Feinstein introduce the H.R. 
701 compromise in the Senate. While I would like to take a moment to 
note that there are some provisions of S. 25 that I along with several 
other co-sponsors strongly believe need to be incorporated into H.R. 
701, today I am introducing the exact version that the House Resources 
Committee reported out on February 17th.
  This compelling and balanced bi-partisan proposal: will provide a 
fair share of funding to all coastal states, including producing 
states; is free of harmful environmental impacts to coastal and ocean 
resources; does not unduly hinder land acquisition yet acknowledges 
Congress' role in making these decisions; reflects a true partnership 
among federal, state and local governments and reinvests in the 
renewable resource of wildlife conservation through the currently 
authorized Pittman-Robertson program by nearly doubling the Federal 
funds available for wildlife conservation and education programs.
  This legislation provides $2.8 billion for seven district 
reinvestment programs. Title I authorizes $1 billion for Impact 
Assistance and Coastal Conservation by creating a revenue sharing and 
coastal conservation fund for coastal states and eligible local 
governments to mitigate the various impacts of OCS activities while 
providing funds for the conservation of our coastal ecosystems. In 
addition, the funds of Title I will support sustainable development of 
nonrenewable resources without providing incentives for new oil and gas 
development. All coastal states and territories will benefit from 
coastal impact assistance under this legislation, not just those states 
that host federal OCS oil and gas development. Title II guarantees 
stable and annual funding for the state and federal sides of the Land 
and Water Conservation Fund (LWCF) at its authorized $900 million level 
while protecting the rights of private property rights owners. The bill 
will restore Congressional intent with respect to the LWCF, the goal of 
which is to share a significant portion of revenues from offshore 
development with the states to provide for protection and public use of 
the natural environment. Title III establishes a Wildlife Conservation 
and Restoration Fund at $350 million through the successful program of 
Pittman-Robertson by reinvesting the development of nonrenewable 
resources into a renewable resource of wildlife conservation and 
education. This new source of funding will nearly double the Federal 
funds available for wildlife conservation. This program enjoys a great 
deal of support and would be enhanced without imposing new taxes. Title 
IV provides $125 million for the Urban Parks and Recreation Recovery 
program through matching grants to local governments to rehabilitate 
and develop recreation programs, sites and facilities. The Urban Parks 
and Recreation program would enable cities and towns to focus on the 
needs of its populations within our more densely inhabited areas with 
fewer greenspaces, playgrounds and soccer fields for our youth. Stable 
funding will provide greater revenue certainty to state and local 
planning authorities. Title V provides $100 million for a Historic 
Preservation Fund through the programs of the Historic Preservation 
Act, including grants to the States, maintaining the National Register 
of Historic Places and administering numerous historic preservation 
programs. Title VI provides $200 million for Federal and Indian Lands 
Restoration through a coordinated program on Federal and Indian lands 
to restore degraded lands, protect resources that are threatened with 
degradation and protect public health and safety. Title VII provides 
$150 million for Conservation Easements and Species Recovery through 
annual and dedicated funding for conservation easements and funding for 
landowner incentives to aid in the recovery of endangered and 
threatened species. Finally, there is up to $200 million available for 
the Payment In-Lieu of Taxes (PILT) program through the annual interest 
generated from the CARA fund.

  The time has come to take the proceeds from a non-renewable resource 
for the purpose of reinvesting a portion of these revenues in the 
conservation and enhancement of our renewable resources. To continue to 
do otherwise, as we have over the last fifty years, is fiscally 
irresponsible. I want to thank the chairman of the Senate Energy 
Committee, Senator Murkowski, the majority leader, Senator Lott, my 
colleague from Louisiana, Senator Breaux as well as the other co-
sponsors of S. 25 for all their continued

[[Page S937]]

support and efforts in attempting to enact what may well be the most 
significant conservation effort of the century. I look forward to 
continue working with the other members of the Energy Committee on this 
legislation this year so that we may reach a compromise and give the 
country a true legacy for generations to come.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2123

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Conservation and 
     Reinvestment Act of 1999''.

     SEC. 2. TABLE OF CONTENTS.

       The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Definitions.
Sec. 4. Annual reports.
Sec. 5. Conservation and Reinvestment Act Fund.
Sec. 6. Limitation on use of available amounts for administration.
Sec. 7. Budgetary treatment of receipts and disbursements.
Sec. 8. Recordkeeping requirements.
Sec. 9. Maintenance of effort and matching funding.
Sec. 10. Sunset.
Sec. 11. Protection of private property rights.
Sec. 12. Signs.

          TITLE I--IMPACT ASSISTANCE AND COASTAL CONSERVATION

Sec. 101. Impact assistance formula and payments.
Sec. 102. Coastal State conservation and impact assistance plans.

       TITLE II--LAND AND WATER CONSERVATION FUND REVITALIZATION

Sec. 201. Amendment of Land and Water Conservation Fund Act of 1965.
Sec. 202. Extension of fund; treatment of amounts transferred from 
              Conservation and Reinvestment Act Fund.
Sec. 203. Availability of amounts.
Sec. 204. Allocation of Fund.
Sec. 205. Use of Federal portion.
Sec. 206. Allocation of amounts available for State purposes.
Sec. 207. State planning.
Sec. 208. Assistance to States for other projects.
Sec. 209. Conversion of property to other use.
Sec. 210. Water rights.

            TITLE III--WILDLIFE CONSERVATION AND RESTORATION

Sec. 301. Purposes.
Sec. 302. Definitions.
Sec. 303. Treatment of amounts transferred from Conservation and 
              Reinvestment Act Fund.
Sec. 304. Apportionment of amounts transferred from Conservation and 
              Reinvestment Act Fund.
Sec. 305. Education.
Sec. 306. Prohibition against diversion.

    TITLE IV--URBAN PARK AND RECREATION RECOVERY PROGRAM AMENDMENTS

Sec. 401. Amendment of Urban Park and Recreation Recovery Act of 1978.
Sec. 402. Purpose.
Sec. 403. Treatment of amounts transferred from Conservation and 
              Reinvestment Act Fund.
Sec. 404. Authority to develop new areas and facilities.
Sec. 405. Definitions.
Sec. 406. Eligibility.
Sec. 407. Grants.
Sec. 408. Recovery action programs.
Sec. 409. State action incentives.
Sec. 410. Conversion of recreation property.
Sec. 411. Repeal.

                  TITLE V--HISTORIC PRESERVATION FUND

Sec. 501. Treatment of amounts transferred from Conservation and 
              Reinvestment Act Fund.
Sec. 502. State use of historic preservation assistance for national 
              heritage areas and corridors.

             TITLE VI--FEDERAL AND INDIAN LANDS RESTORATION

Sec. 601. Purpose.
Sec. 602. Treatment of amounts transferred from Conservation and 
              Reinvestment Act Fund; allocation.
Sec. 603. Authorized uses of transferred amounts.
Sec. 604. Indian tribe defined.

TITLE VII--CONSERVATION EASEMENTS AND ENDANGERED AND THREATENED SPECIES 
                                RECOVERY

                   Subtitle A--Conservation Easements

Sec. 701. Purpose.
Sec. 702. Treatment of amounts transferred from Conservation and 
              Reinvestment Act Fund.
Sec. 703. Authorized uses of transferred amounts.
Sec. 704. Conservation Easement Program.

         Subtitle B--Endangered and Threatened Species Recovery

Sec. 711. Purposes.
Sec. 712. Treatment of amounts transferred from Conservation and 
              Reinvestment Act Fund.
Sec. 713. Endangered and threatened species recovery assistance.
Sec. 714. Endangered and Threatened Species Recovery Agreements.
Sec. 715. Definitions.

     SEC. 3. DEFINITIONS.

       For purposes of this Act:
       (1) The term ``coastal population'' means the population of 
     all political subdivisions, as determined by the most recent 
     official data of the Census Bureau, contained in whole or in 
     part within the designated coastal boundary of a State as 
     defined in a State's coastal zone management program under 
     the Coastal Zone Management Act (16 U.S.C. 1451 and 
     following).
       (2) The term ``coastal political subdivision'' means a 
     political subdivision of a coastal State all or part of which 
     political subdivision is within the coastal zone (as defined 
     in section 304 of the Coastal Zone Management Act (16 U.S.C. 
     1453)).
       (3) The term ``coastal State'' has the same meaning as 
     provided by section 304 of the Coastal Zone Management Act 
     (16 U.S.C. 1453)).
       (4) The term ``coastline'' has the same meaning that it has 
     in the Submerged Lands Act (43 U.S.C. 1301 and following).
       (5) The term ``distance'' means minimum great circle 
     distance, measured in statute miles.
       (6) The term ``fiscal year'' means the Federal Government's 
     accounting period which begins on October 1st and ends on 
     September 30th, and is designated by the calendar year in 
     which it ends.
       (7) The term ``Governor'' means the highest elected 
     official of a State or of any other political entity that is 
     defined as, or treated as, a State under the Land and Water 
     Conservation Fund Act of 1965 (16 U.S.C. 460l-4 and 
     following), the Act of September 2, 1937 (16 U.S.C. 669 and 
     following), commonly referred to as the Federal Aid in 
     Wildlife Restoration Act or the Pittman-Robertson Act, the 
     Urban Park and Recreation Recovery Act of 1978 (16 U.S.C. 
     2501 and following), the National Historic Preservation Act 
     (16 U.S.C. 470h and following), or the Federal Agriculture 
     Improvement and Reform Act of 1996 (Public Law 104-127; 16 
     U.S.C. 3830 note).
       (8) The term ``leased tract'' means a tract, leased under 
     section 8 of the Outer Continental Shelf Lands Act (43 U.S.C. 
     1337) for the purpose of drilling for, developing, and 
     producing oil and natural gas resources, which is a unit 
     consisting of either a block, a portion of a block, a 
     combination of blocks or portions of blocks, or a combination 
     of portions of blocks, as specified in the lease, and as 
     depicted on an Outer Continental Shelf Official Protraction 
     Diagram.
       (9) The term ``Outer Continental Shelf'' means all 
     submerged lands lying seaward and outside of the area of 
     ``lands beneath navigable waters'' as defined in section 2(a) 
     of the Submerged Lands Act (43 U.S.C. 1301(a)), and of which 
     the subsoil and seabed appertain to the United States and are 
     subject to its jurisdiction and control.
       (10) The term ``political subdivision'' means the local 
     political jurisdiction immediately below the level of State 
     government, including counties, parishes, and boroughs. If 
     State law recognizes an entity of general government that 
     functions in lieu of, and is not within, a county, parish, or 
     borough, the Secretary may recognize an area under the 
     jurisdiction of such other entities of general government as 
     a political subdivision for purposes of this title.
       (11) The term ``producing State'' means a State with a 
     coastal seaward boundary within 200 miles from the geographic 
     center of a leased tract other than a leased tract or portion 
     of a leased tract that is located in a geographic area 
     subject to a leasing moratorium on January 1, 1999 (unless 
     the lease was issued prior to the establishment of the 
     moratorium and was in production on January 1, 1999).
       (12) The term ``qualified Outer Continental Shelf 
     revenues'' means (except as otherwise provided in this 
     paragraph) all moneys received by the United States from each 
     leased tract or portion of a leased tract lying seaward of 
     the zone defined and governed by section 8(g) of the Outer 
     Continental Shelf Lands Act (43 U.S.C. 1337(g)), or lying 
     within such zone but to which section 8(g) does not apply, 
     the geographic center of which lies within a distance of 200 
     miles from any part of the coastline of any coastal State, 
     including bonus bids, rents, royalties (including payments 
     for royalty taken in kind and sold), net profit share 
     payments, and related late-payment interest from natural gas 
     and oil leases issued pursuant to the Outer Continental Shelf 
     Lands Act. Such term 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, 1999, unless the lease was issued prior to the 
     establishment of the moratorium and was in production on 
     January 1, 1999.
       (13) The term ``Secretary'' means the Secretary of the 
     Interior or the Secretary's designee, except as otherwise 
     specifically provided.
       (14) The term ``Fund'' means the Conservation and 
     Reinvestment Act Fund established under section 5.

     SEC. 4. ANNUAL REPORTS.

       (a) State Reports.--On June 15 of each year, each Governor 
     receiving moneys from

[[Page S938]]

     the Fund shall account for all moneys so received for the 
     previous fiscal year in a written report to the Secretary of 
     the Interior or the Secretary of Agriculture, as appropriate. 
     The report shall include, in accordance with regulations 
     prescribed by the Secretaries, a description of all projects 
     and activities receiving funds under this Act. In order to 
     avoid duplication, such report may incorporate by reference 
     any other reports required to be submitted under other 
     provisions of law to the Secretary concerned by the Governor 
     regarding any portion of such moneys.
       (b) Report to Congress.--On January 1 of each year the 
     Secretary of the Interior, in consultation with the Secretary 
     of Agriculture, shall submit an annual report to the Congress 
     documenting all moneys expended by the Secretary of the 
     Interior and the Secretary of Agriculture from the Fund 
     during the previous fiscal year and summarizing the contents 
     of the Governors' reports submitted to the Secretaries under 
     subsection (a).

     SEC. 5. CONSERVATION AND REINVESTMENT ACT FUND.

       (a) Establishment of Fund.--There is established in the 
     Treasury of the United States a fund which shall be known as 
     the ``Conservation and Reinvestment Act Fund''. In each 
     fiscal year after the fiscal year 2000, the Secretary of the 
     Treasury shall deposit into the Fund the following amounts:
       (1) OCS revenues.--An amount in each such fiscal year from 
     qualified Outer Continental Shelf revenues equal to the 
     difference between $2,825,000,000 and the amounts deposited 
     in the Fund under paragraph (2), notwithstanding section 9 of 
     the Outer Continental Shelf Lands Act (43 U.S.C. 1338).
       (2) Amounts not disbursed.--All allocated but undisbursed 
     amounts returned to the Fund under section 101(a)(2).
       (3) Interest.--All interest earned under subsection (d) 
     that is not made available under paragraph (2) or (4) of that 
     subsection.
       (b) Transfer for Expenditure.--In each fiscal year after 
     the fiscal year 2001, the Secretary of the Treasury shall 
     transfer amounts deposited into the Fund as follows:
       (1) $1,000,000,000 to the Secretary of the Interior for 
     purposes of making payments to coastal States under title I 
     of this Act.
       (2) To the Land and Water Conservation Fund for expenditure 
     as provided in section 3(a) of the Land and Water 
     Conservation Fund Act of 1965 (16 U.S.C. 460l-6(a)) such 
     amounts as are necessary to make the income of the fund 
     $900,000,000 in each such fiscal year.
       (3) $350,000,000 to the Federal aid to wildlife restoration 
     fund established under section 3 of the Federal Aid in 
     Wildlife Restoration Act (16 U.S.C. 669b).
       (4) $125,000,000 to the Secretary of the Interior to carry 
     out the Urban Park and Recreation Recovery Act of 1978 (16 
     U.S.C. 2501 and following).
       (5) $100,000,000 to the Secretary of the Interior to carry 
     out the National Historic Preservation Act (16 U.S.C. 470 and 
     following).
       (6) $200,000,000 to the Secretary of the Interior and the 
     Secretary of Agriculture to carry out title VI of this Act.
       (7) $150,000,000 to the Secretary of the Interior to carry 
     out title VII of this Act with (A) $100,000,000 of such 
     amount transferred to the Secretary of the Interior for 
     purposes of subtitle A of title VII and (B) $50,000,000 of 
     such amount transferred to the Secretary of the Interior for 
     purposes of subtitle B of title VII.
       (c) Shortfall.--If amounts deposited into the Fund in any 
     fiscal year after the fiscal year 2000 are less than 
     $2,825,000,000, the amounts transferred under paragraphs (1) 
     through (7) of subsection (b) for that fiscal year shall each 
     be reduced proportionately.
       (d) Interest.--
       (1) In general.--The Secretary of the Treasury shall invest 
     moneys in the Fund in public debt securities with maturities 
     suitable to the needs of the Fund, as determined by the 
     Secretary of the Treasury, and bearing interest at rates 
     determined by the Secretary of the Treasury, taking into 
     consideration current market yields on outstanding marketable 
     obligations of the United States of comparable maturity.
       (2) Use of interest.--Except as provided in paragraphs (3) 
     and (4), interest earned on such moneys shall be available, 
     without further appropriation, for obligation or expenditure 
     under--
       (A) chapter 69 of title 31 of the United States Code 
     (relating to PILT), and
       (B) section 401 of the Act of June 15, 1935 (49 Stat. 383; 
     16 U.S.C. 715s) (relating to refuge revenue sharing).

     In each fiscal year such interest shall be allocated between 
     the programs referred to in subparagraph (A) and (B) in 
     proportion to the amounts authorized and appropriated for 
     that fiscal year under other provisions of law for purposes 
     of such programs.
       (3) Ceiling on expenditures of interest.--Amounts made 
     available under paragraph (2) in each fiscal year shall not 
     exceed the lesser of the following:
       (A) $200,000,000.
       (B) The total amount authorized and appropriated for that 
     fiscal year under other provisions of law for purposes of the 
     programs referred to in subparagraphs (A) and (B) of 
     paragraph (2).
       (4) Title iii interest.--All interest attributable to 
     amounts transferred by the Secretary of the Treasury to the 
     Secretary of the Interior for purposes of title III of this 
     Act (and the amendments made by such title III) shall be 
     available, without further appropriation, for obligation or 
     expenditure for purposes of the North American Wetlands 
     Conservation Act of 1989 (16 U.S.C. 4401 and following)
       (e) Refunds.--In those instances where through judicial 
     decision, administrative review, arbitration, or other means 
     there are royalty refunds owed to entities generating 
     revenues under this title, such refunds shall be paid by the 
     Secretary of the Treasury from amounts available in the Fund.

     SEC. 6. LIMITATION ON USE OF AVAILABLE AMOUNTS FOR 
                   ADMINISTRATION.

       Notwithstanding any other provision of law, of amounts made 
     available by this Act (including the amendments made by this 
     Act) for a particular activity, not more than 2 percent may 
     be used for administrative expenses of that activity. Nothing 
     in this section shall affect the prohibition contained in 
     section 4(c)(3) of the Federal Aid in Wildlife Restoration 
     Act (as amended by this Act).

     SEC. 7. BUDGETARY TREATMENT OF RECEIPTS AND DISBURSEMENTS.

       Notwithstanding any other provision of law, the receipts 
     and disbursements of funds under this Act and the amendments 
     made by this Act--
       (1) shall not be counted as new budget authority, outlays, 
     receipts, or deficit or surplus for purposes of--
       (A) the budget of the United States Government as submitted 
     by the President;
       (B) the congressional budget (including allocations of 
     budget authority and outlays provided therein); or
       (C) the Balanced Budget and Emergency Deficit Control Act 
     of 1985; and
       (2) shall be exempt from any general budget limitation 
     imposed by statute on expenditures and net lending (budget 
     outlays) of the United States Government.

     SEC. 8. RECORDKEEPING REQUIREMENTS.

       The Secretary of the Interior in consultation with the 
     Secretary of Agriculture shall establish such rules regarding 
     recordkeeping by State and local governments and the auditing 
     of expenditures made by State and local governments from 
     funds made available under this Act as may be necessary. Such 
     rules shall be in addition to other requirements established 
     regarding recordkeeping and the auditing of such expenditures 
     under other authority of law.

     SEC. 9. MAINTENANCE OF EFFORT AND MATCHING FUNDING.

       (a) In General.--Except as provided in subsection (b), no 
     State or local government shall receive any funds under this 
     Act during any fiscal year when its expenditures of non-
     Federal funds for recurrent expenditures for programs for 
     which funding is provided under this Act will be less than 
     its expenditures were for such programs during the preceding 
     fiscal year. No State or local government shall receive any 
     funding under this Act with respect to a program unless the 
     Secretary is satisfied that such a grant will be so used to 
     supplement and, to the extent practicable, increase the level 
     of State, local, or other non-Federal funds available for 
     such program. In order for the Secretary to provide funding 
     under this Act in a timely manner each fiscal year, the 
     Secretary shall compare a State or local government's 
     prospective expenditure level to that of its second preceding 
     fiscal year.
       (b) Exception.--The Secretary may provide funding under 
     this Act to a State or local government not meeting the 
     requirements of subsection (a) if the Secretary determines 
     that a reduction in expenditures is attributable to a non-
     selective reduction in the expenditures in the programs of 
     all Executive branch agencies of the State or local 
     government.
       (c) Use of Fund To Meet Matching Requirements.--All funds 
     received by a State or local government under this Act shall 
     be treated as Federal funds for purposes of compliance with 
     any provision in effect under any other law requiring that 
     non-Federal funds be used to provide a portion of the funding 
     for any program or project.

     SEC. 10. SUNSET.

       This Act, including the amendments made by this Act, shall 
     have no force or effect after September 30, 2015.

     SEC. 11. PROTECTION OF PRIVATE PROPERTY RIGHTS.

       (a) Savings Clause.--Nothing in the Act shall authorize 
     that private property be taken for public use, without just 
     compensation as provided by the Fifth and Fourteenth 
     amendments to the United States Constitution.
       (b) Regulation.--Federal agencies, using funds appropriated 
     by this Act, may not apply any regulation on any lands until 
     the lands or water, or an interest therein, is acquired, 
     unless authorized to do so by another Act of Congress.

     SEC. 12. SIGNS.

       (a) In General.--The Secretary shall require, as a 
     condition of any financial assistance provided with amounts 
     made available by this Act, that the person that owns or 
     administers any site that benefits from such assistance 
     shall include on any sign otherwise installed at that site 
     at or near an entrance or public use focal point, a 
     statement that the existence or development of the site 
     (or both), as appropriate, is a product of such 
     assistance.
       (b) Standards.--The Secretary shall provide for the design 
     of standardized signs for purposes of subsection (a), and 
     shall prescribe standards and guidelines for such signs.

[[Page S939]]

          TITLE I--IMPACT ASSISTANCE AND COASTAL CONSERVATION

     SEC. 101. IMPACT ASSISTANCE FORMULA AND PAYMENTS.

       (a) Impact Assistance Payments to States.--
       (1) Grant program.--Amounts transferred to the Secretary of 
     the Interior from the Conservation and Reinvestment Act Fund 
     under section 5(b)(1) of this Act for purposes of making 
     payments to coastal States under this title in any fiscal 
     year shall be allocated by the Secretary of the Interior 
     among coastal States as provided in this section in each such 
     fiscal year. In each such fiscal year, the Secretary of the 
     Interior shall, without further appropriation, disburse such 
     allocated funds to those coastal States for which the 
     Secretary has approved a Coastal State Conservation and 
     Impact Assistance Plan as required by this title. Payments 
     for all projects shall be made by the Secretary to the 
     Governor of the State or to the State official or agency 
     designated by the Governor or by State law as having 
     authority and responsibility to accept and to administer 
     funds paid hereunder. No payment shall be made to any State 
     until the State has agreed to provide such reports to the 
     Secretary, in such form and containing such information, as 
     may be reasonably necessary to enable the Secretary to 
     perform his duties under this title, and provide such fiscal 
     control and fund accounting procedures as may be necessary to 
     assure proper disbursement and accounting for Federal 
     revenues paid to the State under this title.
       (2) Failure to have plan approved.--At the end of each 
     fiscal year, the Secretary shall return to the Conservation 
     and Reinvestment Act Fund any amount that the Secretary 
     allocated, but did not disburse, in that fiscal year to a 
     coastal State that does not have an approved plan under this 
     title before the end of the fiscal year in which such grant 
     is allocated, except that the Secretary shall hold in escrow 
     until the final resolution of the appeal any amount 
     allocated, but not disbursed, to a coastal State that has 
     appealed the disapproval of a plan submitted under this 
     title.
       (b) Allocation Among Coastal States.--
       (1) Allocable share for each state.--For each coastal 
     State, the Secretary shall determine the State's allocable 
     share of the total amount of the revenues transferred from 
     the Fund under section 5(b)(1) for each fiscal year using the 
     following weighted formula:
       (A) 50 percent of such revenues shall be allocated among 
     the coastal States as provided in paragraph (2).
       (B) 25 percent of such revenues shall be allocated to each 
     coastal State based on the ratio of each State's shoreline 
     miles to the shoreline miles of all coastal States.
       (C) 25 percent of such revenues shall be allocated to each 
     coastal State based on the ratio of each State's coastal 
     population to the coastal population of all coastal States.
       (2) Offshore outer continental shelf share.--If any portion 
     of a producing State lies within a distance of 200 miles from 
     the geographic center of any leased tract, the Secretary of 
     the Interior shall determine such State's allocable share 
     under paragraph (1)(A) based on the formula set forth in this 
     paragraph. Such State share shall be calculated as of the 
     date of the enactment of this Act for the first 5-fiscal year 
     period during which funds are disbursed under this title and 
     recalculated on the anniversary of such date each fifth year 
     thereafter for each succeeding 5-fiscal year period. Each 
     such State's allocable share of the revenues disbursed under 
     paragraph (1)(A) shall be inversely proportional to the 
     distance between the nearest point on the coastline of such 
     State and the geographic center of each leased tract or 
     portion of the leased tract (to the nearest whole mile) that 
     is within 200 miles of that coastline, as determined by the 
     Secretary for the 5-year period concerned. In applying this 
     paragraph a leased tract or portion of a leased tract shall 
     be excluded if the tract or portion is located in a 
     geographic area subject to a leasing moratorium on January 1, 
     1999, unless the lease was issued prior to the establishment 
     of the moratorium and was in production on January 1, 1999.
       (3) Minimum state share.--
       (A) In general.--The allocable share of revenues determined 
     by the Secretary under this subsection for each coastal State 
     with an approved coastal management program (as defined by 
     the Coastal Zone Management Act (16 U.S.C. 1451)), or which 
     is making satisfactory progress toward one, shall not be less 
     in any fiscal year than 0.50 percent of the total amount of 
     the revenues transferred by the Secretary of the Treasury to 
     the Secretary of the Interior for purposes of this title for 
     that fiscal year under subsection (a). For any other coastal 
     State the allocable share of such revenues shall not be less 
     than 0.25 percent of such revenues.
       (B) Recomputation.--Where one or more coastal States' 
     allocable shares, as computed under paragraphs (1) and (2), 
     are increased by any amount under this paragraph, the 
     allocable share for all other coastal States shall be 
     recomputed and reduced by the same amount so that not more 
     than 100 percent of the amount transferred by the Secretary 
     of the Treasury to the Secretary of the Interior for purposes 
     of this title for that fiscal year under section 5(b)(1) is 
     allocated to all coastal States. The reduction shall be 
     divided pro rata among such other coastal States.
       (c) Payments to Political Subdivisions.--In the case of a 
     producing State, the Governor of the State shall pay 50 
     percent of the State's allocable share, as determined under 
     subsection (b), to the coastal political subdivisions in such 
     State. Such payments shall be allocated among such coastal 
     political subdivisions of the State according to an 
     allocation formula analogous to the allocation formula 
     used in subsection (b) to allocate revenues among the 
     coastal States, except that a coastal political 
     subdivision in the State of California that has a coastal 
     shoreline, that is not within 200 miles of the geographic 
     center of a leased tract or portion of a leased tract, and 
     in which there is located one or more oil refineries shall 
     be eligible for that portion of the allocation described 
     in subsection (b)(1)(A) and (b)(2) in the same manner as 
     if that political subdivision were located within a 
     distance of 50 miles from the geographic center of any 
     leased tract.
       (d) Time of Payment.--Payments to coastal States and 
     coastal political subdivisions under this section shall be 
     made not later than December 31 of each year from revenues 
     received during the immediately preceding fiscal year.

     SEC. 102. COASTAL STATE CONSERVATION AND IMPACT ASSISTANCE 
                   PLANS.

       (a) Development and Submission of State Plans.--Each 
     coastal State seeking to receive grants under this title 
     shall prepare, and submit to the Secretary, a Statewide 
     Coastal State Conservation and Impact Assistance Plan. In the 
     case of a producing State, the Governor shall incorporate the 
     plans of the coastal political subdivisions into the 
     Statewide plan for transmittal to the Secretary. The Governor 
     shall solicit local input and shall provide for public 
     participation in the development of the Statewide plan. The 
     plan shall be submitted to the Secretary by April 1 of the 
     calendar year after the calendar year in which this Act is 
     enacted.
       (b) Approval or Disapproval.--
       (1) In general.--Approval of a Statewide plan under 
     subsection (a) is required prior to disbursement of funds 
     under this title by the Secretary. The Secretary shall 
     approve the Statewide plan if the Secretary determines, in 
     consultation with the Secretary of Commerce, that the plan is 
     consistent with the uses set forth in subsection (c) and if 
     the plan contains each of the following:
       (A) The name of the State agency that will have the 
     authority to represent and act for the State in dealing with 
     the Secretary for purposes of this title.
       (B) A program for the implementation of the plan which, for 
     producing States, includes a description of how funds will be 
     used to address the impacts of oil and gas production from 
     the Outer Continental Shelf.
       (C) Certification by the Governor that ample opportunity 
     has been accorded for public participation in the development 
     and revision of the plan.
       (D) Measures for taking into account other relevant Federal 
     resources and programs. The plan shall be correlated so far 
     as practicable with other State, regional, and local plans.
       (2) Procedure and timing; revisions.--The Secretary shall 
     approve or disapprove each plan submitted in accordance with 
     this section. If a State first submits a plan by not later 
     than 90 days before the beginning of the first fiscal year to 
     which the plan applies, the Secretary shall approve or 
     disapprove the plan by not later than 30 days before the 
     beginning of that fiscal year.
       (3) Amendment or revision.--Any amendment to or revision of 
     the plan shall be prepared in accordance with the 
     requirements of this subsection and shall be submitted to the 
     Secretary for approval or disapproval. Any such amendment or 
     revision shall take effect only for fiscal years after the 
     fiscal year in which the amendment or revision is approved by 
     the Secretary.
       (c) Authorized Uses of State Grant Funding.--The funds 
     provided under this title to a coastal State and for coastal 
     political subdivisions are authorized to be used only for one 
     or more of the following purposes:
       (1) Data collection, including but not limited to fishery 
     or marine mammal stock surveys in State waters or both, 
     cooperative State, interstate, and Federal fishery or marine 
     mammal stock surveys or both, cooperative initiatives with 
     university and private entities for fishery and marine mammal 
     surveys, activities related to marine mammal and fishery 
     interactions, and other coastal living marine resources 
     surveys.
       (2) The conservation, restoration, enhancement, or creation 
     of coastal habitats.
       (3) Cooperative Federal or State enforcement of marine 
     resources management statutes.
       (4) Fishery observer coverage programs in State or Federal 
     waters.
       (5) Invasive, exotic, and nonindigenous species 
     identification and control.
       (6) Coordination and preparation of cooperative fishery 
     conservation and management plans between States including 
     the development and implementation of population surveys, 
     assessments and monitoring plans, and the preparation and 
     implementation of State fishery management plans developed by 
     interstate marine fishery commissions.
       (7) Preparation and implementation of State fishery or 
     marine mammal management plans that comply with bilateral or 
     multilateral international fishery or marine mammal 
     conservation and management agreements or both.

[[Page S940]]

       (8) Coastal and ocean observations necessary to develop and 
     implement real time tide and current measurement systems.
       (9) Implementation of federally approved marine, coastal, 
     or comprehensive conservation and management plans.
       (10) Mitigating marine and coastal impacts of Outer 
     Continental Shelf activities including impacts on onshore 
     infrastructure.
       (11) Projects that promote research, education, training, 
     and advisory services in fields related to ocean, coastal, 
     and Great Lakes resources.
       (d) Compliance With Authorized Uses.--Based on the annual 
     reports submitted under section 4 of this Act and on audits 
     conducted by the Secretary under section 8, the Secretary 
     shall review the expenditures made by each State and coastal 
     political subdivision from funds made available under this 
     title. If the Secretary determines that any expenditure made 
     by a State or coastal political subdivision of a State from 
     such funds is not consistent with the authorized uses set 
     forth in subsection (c), the Secretary shall not make any 
     further grants under this title to that State until the funds 
     used for such expenditure have been repaid to the 
     Conservation and Reinvestment Act Fund.
       TITLE II--LAND AND WATER CONSERVATION FUND REVITALIZATION

     SEC. 201. AMENDMENT OF LAND AND WATER CONSERVATION FUND ACT 
                   OF 1965.

       Except as otherwise expressly provided, whenever in this 
     title an amendment or repeal is expressed in terms of an 
     amendment to, or repeal of, a section or other provision, the 
     reference shall be considered to be made to a section or 
     other provision of the Land and Water Conservation Fund Act 
     of 1965 (16 U.S.C. 460l-4 and following).

     SEC. 202. EXTENSION OF FUND; TREATMENT OF AMOUNTS TRANSFERRED 
                   FROM CONSERVATION AND REINVESTMENT ACT FUND.

       Section 2(c) is amended to read as follows:
       ``(c) Amounts Transferred From Conservation and 
     Reinvestment Act Fund.--In addition to the sum of the 
     revenues and collections estimated by the Secretary of the 
     Interior to be covered into the fund pursuant to subsections 
     (a) and (b) of this section, there shall be covered into the 
     fund all amounts transferred to the fund under section 
     5(b)(2) of the Conservation and Reinvestment Act of 1999.''.

     SEC. 203. AVAILABILITY OF AMOUNTS.

       Section 3 (16 U.S.C. 460l-6) is amended to read as follows:


                            ``appropriations

       ``Sec. 3. (a) In General.--There are authorized to be 
     appropriated to the Secretary from the fund to carry out this 
     Act not more than $900,000,000 in any fiscal year after the 
     fiscal year 2001. Amounts transferred to the fund from the 
     Conservation and Reinvestment Act Fund and amounts covered 
     into the fund under subsections (a) and (b) of section 2 
     shall be available to the Secretary in fiscal years after the 
     fiscal year 2001 without further appropriation to carry out 
     this Act.
       ``(b) Obligation and Expenditure of Available Amounts.--
     Amounts available for obligation or expenditure from the fund 
     or from the special account established under section 4(i)(1) 
     may be obligated or expended only as provided in this Act.''.

     SEC. 204. ALLOCATION OF FUND.

       Section 5 (16 U.S.C. 460l-7) is amended to read as follows:


                         ``allocation of funds

       ``Sec. 5. Of the amounts made available for each fiscal 
     year to carry out this Act--
       ``(1) 50 percent shall be available for Federal purposes 
     (in this Act referred to as the `Federal portion'); and
       ``(2) 50 percent shall be available for grants to 
     States.''.

     SEC. 205. USE OF FEDERAL PORTION.

       Section 7 (16 U.S.C. 460l-9) is amended by adding at the 
     end the following:
       ``(d) Use of Federal Portion.--
       ``(1) Approval by congress required.--The Federal portion 
     (as that term is defined in section 5(1)) may not be 
     obligated or expended by the Secretary of the Interior or the 
     Secretary of Agriculture for any acquisition except those 
     specifically referred to, and approved by the Congress, in an 
     Act making appropriations for the Department of the Interior 
     or the Department of Agriculture, respectively.
       ``(2) Willing seller requirement.--The Federal portion may 
     not be used to acquire any property unless--
       ``(A) the owner of the property concurs in the acquisition; 
     or
       ``(B) acquisition of that property is specifically approved 
     by an Act of Congress.
       ``(e) List of Proposed Federal Acquisitions.--
       ``(1) Restriction on use.--The Federal portion for a fiscal 
     year may not be obligated or expended to acquire any interest 
     in lands or water unless the lands or water were included in 
     a list of acquisitions that is approved by the Congress. This 
     list shall include an inventory of surplus lands under the 
     administrative jurisdiction of the Secretary of the Interior 
     and the Secretary of Agriculture for which there is no 
     demonstrated compelling program need.
       ``(2) Transmission of list.--(A) The Secretary of the 
     Interior and the Secretary of Agriculture shall jointly 
     transmit to the appropriate authorizing and appropriations 
     committees of the House of Representatives and the Senate for 
     each fiscal year, by no later than the submission of the 
     budget for the fiscal year under section 1105 of title 31, 
     United States Code, a list of the acquisitions of interests 
     in lands and water proposed to be made with the Federal 
     portion for the fiscal year.
       ``(B) In preparing each list, the Secretary shall--
       ``(i) seek to consolidate Federal landholdings in States 
     with checkerboard Federal land ownership patterns;
       ``(ii) consider the use of equal value land exchanges, 
     where feasible and suitable, as an alternative means of land 
     acquisition;
       ``(iii) consider the use of permanent conservation 
     easements, where feasible and suitable, as an alternative 
     means of acquisition;
       ``(iv) identify those properties that are proposed to be 
     acquired from willing sellers and specify any for which 
     adverse condemnation is requested; and
       ``(v) establish priorities based on such factors as 
     important or special resource attributes, threats to resource 
     integrity, timely availability, owner hardship, cost 
     escalation, public recreation use values, and similar 
     considerations.
       ``(3) Information regarding proposed acquisitions.--Each 
     list shall include, for each proposed acquisition included in 
     the list--
       ``(A) citation of the statutory authority for the 
     acquisition, if such authority exists; and
       ``(B) an explanation of why the particular interest 
     proposed to be acquired was selected.
       ``(f) Notification to Affected Areas Required.--The Federal 
     portion for a fiscal year may not be used to acquire any 
     interest in land unless the Secretary administering the 
     acquisition, by not later than 30 days after the date the 
     Secretaries submit the list under subsection (e) for the 
     fiscal year, provides notice of the proposed acquisition--
       ``(1) in writing to each Member of and each Delegate and 
     Resident Commissioner to the Congress elected to represent 
     any area in which is located--
       ``(A) the land; or
       ``(B) any part of any federally designated unit that 
     includes the land;
       ``(2) in writing to the Governor of the State in which the 
     land is located;
       ``(3) in writing to each State political subdivision having 
     jurisdiction over the land; and
       ``(4) by publication of a notice in a newspaper that is 
     widely distributed in the area under the jurisdiction of each 
     such State political subdivision, that includes a clear 
     statement that the Federal Government intends to acquire an 
     interest in land.
       ``(g) Compliance With Requirements Under Federal Laws.--
       ``(1) In general.--The Federal portion for a fiscal year 
     may not be used to acquire any interest in land or water 
     unless the following have occurred:
       ``(A) All actions required under Federal law with respect 
     to the acquisition have been complied with.
       ``(B) A copy of each final environmental impact statement 
     or environmental assessment required by law, and a summary of 
     all public comments regarding the acquisition that have been 
     received by the agency making the acquisition, are submitted 
     to the Committee on Resources of the House of 
     Representatives, the Committee on Energy and Natural 
     Resources of the Senate, and the Committees on Appropriations 
     of the House of Representatives and of the Senate.
       ``(C) A notice of the availability of such statement or 
     assessment and of such summary is provided to--
       ``(i) each Member of and each Delegate and Resident 
     Commissioner to the Congress elected to represent the area in 
     which the land is located;
       ``(ii) the Governor of the State in which the land is 
     located; and
       ``(iii) each State political subdivision having 
     jurisdiction over the land.
       ``(2) Limitation on application.--Paragraph (1) shall not 
     apply to any acquisition that is specifically authorized by a 
     Federal law.''.

     SEC. 206. ALLOCATION OF AMOUNTS AVAILABLE FOR STATE PURPOSES.

       (a) In General.--Section 6(b) (16 U.S.C. 460l-8(b)) is 
     amended to read as follows:
       ``(b) Distribution Among the States.--(1) Sums in the fund 
     available each fiscal year for State purposes shall be 
     apportioned among the several States by the Secretary, in 
     accordance with this subsection. The determination of the 
     apportionment by the Secretary shall be final.
       ``(2) Subject to paragraph (3), of sums in the fund 
     available each fiscal year for State purposes--
       ``(A) 30 percent shall be apportioned equally among the 
     several States; and
       ``(B) 70 percent shall be apportioned so that the ratio 
     that the amount apportioned to each State under this 
     subparagraph bears to the total amount apportioned under this 
     subparagraph for the fiscal year is equal to the ratio that 
     the population of the State bears to the total population of 
     all States.
       ``(3) The total allocation to an individual State for a 
     fiscal year under paragraph (2) shall not exceed 10 percent 
     of the total amount allocated to the several States under 
     paragraph (2) for that fiscal year.
       ``(4) The Secretary shall notify each State of its 
     apportionment, and the amounts thereof shall be available 
     thereafter to the State for planning, acquisition, or 
     development projects as hereafter described. Any amount of 
     any apportionment under this subsection that has not been 
     paid or obligated by the Secretary during the fiscal year in 
     which such notification is given and the two fiscal

[[Page S941]]

     years thereafter shall be reapportioned by the Secretary in 
     accordance with paragraph (2), but without regard to the 10 
     percent limitation to an individual State specified in 
     paragraph (3).
       ``(5)(A) For the purposes of paragraph (2)(A)--
       ``(i) the District of Columbia shall be treated as a State; 
     and
       ``(ii) Puerto Rico, the Virgin Islands, Guam, and American 
     Samoa--
       ``(I) shall be treated collectively as one State; and
       ``(II) shall each be allocated an equal share of any amount 
     distributed to them pursuant to clause (i).
       ``(B) Each of the areas referred to in subparagraph (A) 
     shall be treated as a State for all other purposes of this 
     Act.''.
       (b) Tribes and Alaska Native Corporations.--Section 6(b)(5) 
     (16 U.S.C. 460l-8(b)(5)) is further amended by adding at the 
     end the following new subparagraph:
       ``(C) For the purposes of paragraph (1), all federally 
     recognized Indian tribes and Native Corporations (as defined 
     in section 3 of the Alaska Native Claims Settlement Act (43 
     U.S.C. 1602)), shall be eligible to receive shares of the 
     apportionment under paragraph (1) in accordance with a 
     competitive grant program established by the Secretary by 
     rule. The total apportionment available to such tribes and 
     Native Corporations shall be equivalent to the amount 
     available to a single State. No single tribe or Native 
     Corporation shall receive a grant that constitutes more than 
     10 percent of the total amount made available to all tribes 
     and Native Corporations pursuant to the apportionment under 
     paragraph (1). Funds received by a tribe or Native 
     Corporation under this subparagraph may be expended only for 
     the purposes specified in paragraphs (1) and (3) of 
     subsection (a).''.
       (c) Local Allocation.--Section 6(b) (16 U.S.C. 460l-8(b)) 
     is amended by adding at the end the following:
       ``(6) Absent some compelling and annually documented reason 
     to the contrary acceptable to the Secretary of the Interior, 
     each State (other than an area treated as a State under 
     paragraph (5)) shall make available as grants to local 
     governments, at least 50 percent of the annual State 
     apportionment, or an equivalent amount made available from 
     other sources.''.

     SEC. 207. STATE PLANNING.

       (a) State Action Agenda Required.--
       (1) In general.--Section 6(d) (16 U.S.C. 460l-8(d)) is 
     amended to read as follows:
       ``(d) State Action Agenda Required.--(1) Each State may 
     define its own priorities and criteria for selection of 
     outdoor conservation and recreation acquisition and 
     development projects eligible for grants under this Act so 
     long as it provides for public involvement in this process 
     and publishes an accurate and current State Action Agenda for 
     Community Conservation and Recreation (in this Act referred 
     to as the `State Action Agenda') indicating the needs it has 
     identified and the priorities and criteria it has 
     established. In order to assess its needs and establish its 
     overall priorities, each State, in partnership with its local 
     governments and Federal agencies, and in consultation with 
     its citizens, shall develop, within 5 years after the 
     enactment of the Conservation and Reinvestment Act of 1999, a 
     State Action Agenda that meets the following requirements:
       ``(A) The agenda must be strategic, originating in broad-
     based and long-term needs, but focused on actions that can be 
     funded over the next 4 years.
       ``(B) The agenda must be updated at least once every 4 
     years and certified by the Governor that the State Action 
     Agenda conclusions and proposed actions have been considered 
     in an active public involvement process.
       ``(2) State Action Agendas shall take into account all 
     providers of conservation and recreation lands within each 
     State, including Federal, regional, and local government 
     resources, and shall be correlated whenever possible with 
     other State, regional, and local plans for parks, recreation, 
     open space, and wetlands conservation. Recovery action 
     programs developed by urban localities under section 1007 of 
     the Urban Park and Recreation Recovery Act of 1978 shall be 
     used by a State as a guide to the conclusions, priorities, 
     and action schedules contained in State Action Agenda. Each 
     State shall assure that any requirements for local outdoor 
     conservation and recreation planning, promulgated as 
     conditions for grants, minimize redundancy of local efforts 
     by allowing, wherever possible, use of the findings, 
     priorities, and implementation schedules of recovery action 
     programs to meet such requirements.''.
       (2) Existing state plans.--Comprehensive State Plans 
     developed by any State under section 6(d) of the Land and 
     Water Conservation Fund Act of 1965 before the date that is 5 
     years after the enactment of this Act shall remain in effect 
     in that State until a State Action Agenda has been adopted 
     pursuant to the amendment made by this subsection, but no 
     later than 5 years after the enactment of this Act.
       (b) Miscellaneous.--Section 6(e) (16 U.S.C. 460l-8(e)) is 
     amended as follows:
       (1) In the matter preceding paragraph (1) by striking 
     ``State comprehensive plan'' and inserting ``State Action 
     Agenda''.
       (2) In paragraph (1) by striking ``comprehensive plan'' and 
     inserting ``State Action Agenda''.

     SEC. 208. ASSISTANCE TO STATES FOR OTHER PROJECTS.

       Section 6(e) (16 U.S.C. 460l-8(e)) is amended--
       (1) in subsection (e)(1) by striking ``, but not including 
     incidental costs relating to acquisition''; and
       (2) in subsection (e)(2) by inserting before the period at 
     the end the following: ``or to enhance public safety within a 
     designated park or recreation area''.

     SEC. 209. CONVERSION OF PROPERTY TO OTHER USE.

       Section 6(f)(3) (16 U.S.C. 460l-8(f)(3)) is amended--
       (1) by inserting ``(A)'' before ``No property''; and
       (2) by striking the second sentence and inserting the 
     following:
       ``(B) The Secretary shall approve such conversion only if 
     the State demonstrates no prudent or feasible alternative 
     exists with the exception of those properties that no longer 
     meet the criteria within the State Plan or Agenda as an 
     outdoor conservation and recreation facility due to changes 
     in demographics or that must be abandoned because of 
     environmental contamination which endangers public health and 
     safety. Any conversion must satisfy such conditions as the 
     Secretary deems necessary to assure the substitution of other 
     conservation and recreation properties of at least equal fair 
     market value and reasonably equivalent usefulness and 
     location and which are consistent with the existing State 
     Plan or Agenda; except that wetland areas and interests 
     therein as identified in the wetlands provisions of the 
     action agenda and proposed to be acquired as suitable 
     replacement property within that same State that is otherwise 
     acceptable to the Secretary shall be considered to be of 
     reasonably equivalent usefulness with the property proposed 
     for conversion.''.

     SEC. 210. WATER RIGHTS.

       Title I is amended by adding at the end the following:


                             ``water rights

       ``Sec. 14. Nothing in this title--
       ``(1) invalidates or preempts State or Federal water law or 
     an interstate compact governing water;
       ``(2) alters the rights of any State to any appropriated 
     share of the waters of any body of surface or ground water, 
     whether determined by past or future interstate compacts or 
     by past or future legislative or final judicial allocations;
       ``(3) preempts or modifies any Federal or State law, or 
     interstate compact, dealing with water quality or disposal; 
     or
       ``(4) 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 III--WILDLIFE CONSERVATION AND RESTORATION

     SEC. 301. PURPOSES.

       The purposes of this title are--
       (1) to extend financial and technical assistance to the 
     States under the Federal Aid to Wildlife Restoration Act for 
     the benefit of a diverse array of wildlife and associated 
     habitats, including species that are not hunted or fished, to 
     fulfill unmet needs of wildlife within the States in 
     recognition of the primary role of the States to conserve 
     all wildlife;
       (2) to assure sound conservation policies through the 
     development, revision, and implementation of a comprehensive 
     wildlife conservation and restoration plan;
       (3) to encourage State fish and wildlife agencies to 
     participate with the Federal Government, other State 
     agencies, wildlife conservation organizations, and outdoor 
     recreation and conservation interests through cooperative 
     planning and implementation of this title; and
       (4) to encourage State fish and wildlife agencies to 
     provide for public involvement in the process of development 
     and implementation of a wildlife conservation and restoration 
     program.

     SEC. 302. DEFINITIONS.

       (a) Reference to Law.--In this title, the term ``Federal 
     Aid in Wildlife Restoration Act'' means the Act of September 
     2, 1937 (16 U.S.C. 669 and following), commonly referred to 
     as the Federal Aid in Wildlife Restoration Act or the 
     Pittman-Robertson Act.
       (b) Wildlife Conservation and Restoration Program.--Section 
     2 of the Federal Aid in Wildlife Restoration Act (16 U.S.C. 
     669a) is amended by inserting after ``shall be construed'' 
     the first place it appears the following: ``to include the 
     wildlife conservation and restoration program and''.
       (c) State Agencies.--Section 2 of the Federal Aid in 
     Wildlife Restoration Act (16 U.S.C. 669a) is amended by 
     inserting ``or State fish and wildlife department'' after 
     ``State fish and game department''.
       (d) Definitions.--Section 2 of the Federal Aid in Wildlife 
     Restoration Act (16 U.S.C. 669a) is amended by striking the 
     period at the end thereof, substituting a semicolon, and 
     adding the following: ``the term `conservation' shall be 
     construed to mean the use of methods and procedures necessary 
     or desirable to sustain healthy populations of wildlife 
     including all activities associated with scientific resources 
     management such as research, census, monitoring of 
     populations, acquisition, improvement and management of 
     habitat, live trapping and transplantation, wildlife damage 
     management, and periodic or total protection of a species or 
     population as well as the taking of individuals within 
     wildlife stock or population if permitted by applicable State 
     and Federal law; the term `wildlife conservation and 
     restoration program' means a program developed by a State 
     fish and wildlife department

[[Page S942]]

     and approved by the Secretary under section 4(d), the 
     projects that constitute such a program, which may be 
     implemented in whole or part through grants and contracts by 
     a State to other State, Federal, or local agencies (including 
     those that gather, evaluate, and disseminate information on 
     wildlife and their habitats), wildlife conservation 
     organizations, and outdoor recreation and conservation 
     education entities from funds apportioned under this title, 
     and maintenance of such projects; the term `wildlife' shall 
     be construed to mean any species of wild, free-ranging fauna 
     including fish, and also fauna in captive breeding programs 
     the object of which is to reintroduce individuals of a 
     depleted indigenous species into previously occupied range; 
     the term `wildlife-associated recreation' shall be construed 
     to mean projects intended to meet the demand for outdoor 
     activities associated with wildlife including, but not 
     limited to, hunting and fishing, wildlife observation and 
     photography, such projects as construction or restoration of 
     wildlife viewing areas, observation towers, blinds, 
     platforms, land and water trails, water access, trail heads, 
     and access for such projects; and the term `wildlife 
     conservation education' shall be construed to mean projects, 
     including public outreach, intended to foster responsible 
     natural resource stewardship.''.

     SEC. 303. TREATMENT OF AMOUNTS TRANSFERRED FROM CONSERVATION 
                   AND REINVESTMENT ACT FUND.

       Section 3 of the Federal Aid in Wildlife Restoration Act 
     (16 U.S.C. 669b) is amended--
       (1) in subsection (a) by inserting ``(1)'' after ``(a)'', 
     and by adding at the end the following:
       ``(2) There is established in the Federal aid to wildlife 
     restoration fund a subaccount to be known as the `wildlife 
     conservation and restoration account'. Amounts transferred to 
     the fund for a fiscal year under section 5(b)(3) of the 
     Conservation and Reinvestment Act of 1999 shall be deposited 
     in the subaccount and shall be available without further 
     appropriation, in each fiscal year, for apportionment in 
     accordance with this Act to carry out State wildlife 
     conservation and restoration programs.''; and
       (2) by adding at the end the following:
       ``(c) Amounts transferred to the fund from the Conservation 
     and Reinvestment Act Fund and apportioned under subsection 
     (a)(2) shall supplement, but not replace, existing funds 
     available to the States from the sport fish restoration 
     account and wildlife restoration account and shall be used 
     for the development, revision, and implementation of wildlife 
     conservation and restoration programs and should be used to 
     address the unmet needs for a diverse array of wildlife and 
     associated habitats, including species that are not hunted or 
     fished, for wildlife conservation, wildlife conservation 
     education, and wildlife-associated recreation projects. Such 
     funds may be used for new programs and projects as well as to 
     enhance existing programs and projects.
       ``(d)(1) Notwithstanding subsections (a) and (b) of this 
     section, with respect to amounts transferred to the fund from 
     the Conservation and Reinvestment Act Fund so much of such 
     amounts as is apportioned to any State for any fiscal year 
     and as remains unexpended at the close thereof shall remain 
     available for expenditure in that State until the close of--
       ``(A) the fourth succeeding fiscal year, in the case of 
     amounts transferred in any of the first 10 fiscal years 
     beginning after the date of enactment of the Conservation and 
     Reinvestment Act of 1999; or
       ``(B) the second succeeding fiscal year, in the case of 
     amounts transferred in a fiscal year beginning after the 10-
     fiscal-year period referred to in subparagraph (A).
       ``(2) Any amount apportioned to a State under this 
     subsection that is unexpended or unobligated at the end of 
     the period during which it is available under paragraph (1) 
     shall be reapportioned to all States during the succeeding 
     fiscal year.''.

     SEC. 304. APPORTIONMENT OF AMOUNTS TRANSFERRED FROM 
                   CONSERVATION AND REINVESTMENT ACT FUND.

       (a) In General.--Section 4 of the Federal Aid in Wildlife 
     Restoration Act (16 U.S.C. 669c) is amended by adding at the 
     end the following new subsection:
       ``(c) Amounts Transferred From Conservation and 
     Reinvestment Act Fund.--(1) The Secretary of the Interior 
     shall make the following apportionment from the amount 
     transferred to the fund from the Conservation and 
     Reinvestment Act Fund for each fiscal year:
       ``(A) To the District of Columbia and to the Commonwealth 
     of Puerto Rico, each a sum equal to not more than \1/2\ of 1 
     percent thereof.
       ``(B) To Guam, American Samoa, the Virgin Islands, and the 
     Commonwealth of the Northern Mariana Islands, each a sum 
     equal to not more than \1/6\ of 1 percent thereof.
       ``(2)(A) The Secretary of the Interior, after making the 
     apportionment under paragraph (1), shall apportion the 
     remainder of the amount transferred to the fund from the 
     Conservation and Reinvestment Act Fund for each fiscal year 
     among the States in the following manner:
       ``(i) \1/3\ of which is based on the ratio to which the 
     land area of such State bears to the total land area of all 
     such States.
       ``(ii) \2/3\ of which is based on the ratio to which the 
     population of such State bears to the total population of all 
     such States.
       ``(B) The amounts apportioned under this paragraph shall be 
     adjusted equitably so that no such State shall be apportioned 
     a sum which is less than \1/2\ of 1 percent of the amount 
     available for apportionment under this paragraph for any 
     fiscal year or more than 5 percent of such amount.
       ``(3) Amounts transferred to the fund from the Conservation 
     and Reinvestment Act Fund shall not be available for any 
     expenses incurred in the administration and execution of 
     programs carried out with such amounts.
       ``(d) Wildlife Conservation and Restoration Programs.--(1) 
     Any State, through its fish and wildlife department, may 
     apply to the Secretary of the Interior for approval of a 
     wildlife conservation and restoration program, or for funds 
     to develop a program. To apply, a State shall submit a 
     comprehensive plan that includes--
       ``(A) provisions vesting in the fish and wildlife 
     department of the State overall responsibility and 
     accountability for the program;
       ``(B) provisions for the development and implementation 
     of--
       ``(i) wildlife conservation projects that expand and 
     support existing wildlife programs, giving appropriate 
     consideration to all wildlife;
       ``(ii) wildlife-associated recreation projects; and
       ``(iii) wildlife conservation education projects pursuant 
     to programs under section 8(a); and
       ``(C) provisions to ensure public participation in the 
     development, revision, and implementation of projects and 
     programs required under this paragraph.
       ``(2) A State shall provide an opportunity for public 
     participation in the development of the comprehensive plan 
     required under paragraph (1).
       ``(3) If the Secretary finds that the comprehensive plan 
     submitted by a State complies with paragraph (1), the 
     Secretary shall approve the wildlife conservation and 
     restoration program of the State and set aside from the 
     apportionment to the State made pursuant to subsection (c) an 
     amount that shall not exceed 75 percent of the estimated cost 
     of developing and implementing the program.
       ``(4)(A) Except as provided in subparagraph (B), after the 
     Secretary approves a State's wildlife conservation and 
     restoration program, the Secretary may make payments on a 
     project that is a segment of the State's wildlife 
     conservation and restoration program as the project 
     progresses. Such payments, including previous payments on the 
     project, if any, shall not be more than the United States pro 
     rata share of such project. The Secretary, under such 
     regulations as he may prescribe, may advance funds 
     representing the United States pro rata share of a project 
     that is a segment of a wildlife conservation and restoration 
     program, including funds to develop such program.
       ``(B) Not more than 10 percent of the amounts apportioned 
     to each State under this section for a State's wildlife 
     conservation and restoration program may be used for 
     wildlife-associated recreation.
       ``(5) For purposes of this subsection, the term `State' 
     shall include the District of Columbia, the Commonwealth of 
     Puerto Rico, the Virgin Islands, Guam, American Samoa, and 
     the Commonwealth of the Northern Mariana Islands.''.
       (b) FACA.--Coordination with State fish and wildlife agency 
     personnel or with personnel of other State agencies pursuant 
     to the Federal Aid in Wildlife Restoration Act or the Federal 
     Aid in Sport Fish Restoration Act shall not be subject to the 
     Federal Advisory Committee Act (5 U.S.C. App.). Except for 
     the preceding sentence, the provisions of this title relate 
     solely to wildlife conservation and restoration programs and 
     shall not be construed to affect the provisions of the 
     Federal Aid in Wildlife Restoration Act relating to wildlife 
     restoration projects or the provisions of the Federal Aid in 
     Sport Fish Restoration Act relating to fish restoration and 
     management projects.

     SEC. 305. EDUCATION.

       Section 8(a) of the Federal Aid in Wildlife Restoration Act 
     (16 U.S.C. 669g(a)) is amended by adding the following at the 
     end thereof: ``Funds available from the amount transferred to 
     the fund from the Conservation and Reinvestment Act Fund may 
     be used for a wildlife conservation education program, except 
     that no such funds may be used for education efforts, 
     projects, or programs that promote or encourage opposition to 
     the regulated taking of wildlife.''.

     SEC. 306. PROHIBITION AGAINST DIVERSION.

       No designated State agency shall be eligible to receive 
     matching funds under this title if sources of revenue 
     available to it after January 1, 1999, for conservation of 
     wildlife are diverted for any purpose other than the 
     administration of the designated State agency, it being the 
     intention of Congress that funds available to States under 
     this title be added to revenues from existing State sources 
     and not serve as a substitute for revenues from such sources. 
     Such revenues shall include interest, dividends, or other 
     income earned on the forgoing.
    TITLE IV--URBAN PARK AND RECREATION RECOVERY PROGRAM AMENDMENTS

     SEC. 401. AMENDMENT OF URBAN PARK AND RECREATION RECOVERY ACT 
                   OF 1978.

       Except as otherwise expressly provided, whenever in this 
     title an amendment or repeal is expressed in terms of an 
     amendment to, or repeal of, a section or other provision, the 
     reference shall be considered to be made to a section or 
     other provision of the Urban Park and Recreation Recovery Act 
     of 1978 (16 U.S.C. 2501 and following).

[[Page S943]]

     SEC. 402. PURPOSE.

       The purpose of this title is to provide a dedicated source 
     of funding to assist local governments in improving their 
     park and recreation systems.

     SEC. 403. TREATMENT OF AMOUNTS TRANSFERRED FROM CONSERVATION 
                   AND REINVESTMENT ACT FUND.

       Section 1013 (16 U.S.C. 2512) is amended to read as 
     follows:


 ``treatment of amounts transferred from conservation and reinvestment 
                                act fund

       ``Sec. 1013. (a) In General.--Amounts transferred to the 
     Secretary of the Interior under section 5(b)(4) of the 
     Conservation and Reinvestment Act of 1999 in a fiscal year 
     shall be available to the Secretary without further 
     appropriation to carry out this title. Any amount that has 
     not been 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 available shall be reapportioned by 
     the Secretary among grantees under this title.
       ``(b) Limitations on Annual Grants.--Of the amounts 
     available in a fiscal year under subsection (a)--
       ``(1) not more that 3 percent may be used for grants for 
     the development of local park and recreation recovery action 
     programs pursuant to sections 1007(a) and 1007(c);
       ``(2) not more than 10 percent may be used for innovation 
     grants pursuant to section 1006; and
       ``(3) not more than 15 percent may be provided as grants 
     (in the aggregate) for projects in any one State.
       ``(c) Limitation on Use for Grant Administration.--The 
     Secretary shall establish a limit on the portion of any grant 
     under this title that may be used for grant and program 
     administration.''.

     SEC. 404. AUTHORITY TO DEVELOP NEW AREAS AND FACILITIES.

       Section 1003 (16 U.S.C. 2502) is amended by inserting 
     ``development of new recreation areas and facilities, 
     including the acquisition of lands for such development,'' 
     after ``rehabilitation of critically needed recreation areas, 
     facilities,''.

     SEC. 405. DEFINITIONS.

       Section 1004 (16 U.S.C. 2503) is amended as follows:
       (1) In paragraph (j) by striking ``and'' after the 
     semicolon.
       (2) In paragraph (k) by striking the period at the end and 
     inserting a semicolon.
       (3) By adding at the end the following:
       ``(l) `development grants'--
       ``(1) subject to subparagraph (2) means matching capital 
     grants to units of local government to cover costs of 
     development, land acquisition, and construction on existing 
     or new neighborhood recreation sites, including indoor and 
     outdoor recreational areas and facilities, support 
     facilities, and landscaping; and
       ``(2) does not include routine maintenance, and upkeep 
     activities; and
       ``(m) `Secretary' means the Secretary of the Interior.''.

     SEC. 406. ELIGIBILITY.

       Section 1005(a) (16 U.S.C. 2504(a)) is amended to read as 
     follows:
       ``(a) Eligibility of general purpose local governments to 
     compete for assistance under this title shall be based upon 
     need as determined by the Secretary. Generally, eligible 
     general purpose local governments shall include the 
     following:
       ``(1) All political subdivisions of Metropolitan, Primary, 
     or Consolidated Statistical Areas, as determined by the most 
     recent Census.
       ``(2) Any other city, town, or group of cities or towns (or 
     both) within such a Metropolitan Statistical Area, that has a 
     total population of 50,000 or more as determined by the most 
     recent Census.
       ``(3) Any other county, parish, or township with a total 
     population of 250,000 or more as determined by the most 
     recent Census.''.

     SEC. 407. GRANTS.

       Section 1006 (16 U.S.C. 2505) is amended--
       (1) in subsection (a) by redesignating paragraph (3) as 
     paragraph (4); and
       (2) by striking so much as precedes subsection (a)(4) (as 
     so redesignated) and inserting the following:


                                ``grants

       ``Sec. 1006. (a)(1) The Secretary may provide 70 percent 
     matching grants for rehabilitation, development, and 
     innovation purposes to any eligible general purpose local 
     government upon approval by the Secretary of an application 
     submitted by the chief executive of such government.
       ``(2) At the discretion of such an applicant, a grant under 
     this section may be transferred in whole or part to 
     independent special purpose local governments, private 
     nonprofit agencies, or county or regional park authorities, 
     if--
       ``(A) such transfer is consistent with the approved 
     application for the grant; and
       ``(B) the applicant provides assurance to the Secretary 
     that the applicant will maintain public recreation 
     opportunities at assisted areas and facilities owned or 
     managed by the applicant in accordance with section 1010.
       ``(3) Payments may be made only for those rehabilitation, 
     development, or innovation projects that have been approved 
     by the Secretary. Such payments may be made from time to time 
     in keeping with the rate of progress toward completion of a 
     project, on a reimbursable basis.''.

     SEC. 408. RECOVERY ACTION PROGRAMS.

       Section 1007(a) (16 U.S.C. 2506(a)) is amended--
       (1) in subsection (a) in the first sentence by inserting 
     ``development,'' after ``commitments to ongoing planning,''; 
     and
       (2) in subsection (a)(2) by inserting ``development and'' 
     after ``adequate planning for''.

     SEC. 409. STATE ACTION INCENTIVES.

       Section 1008 (16 U.S.C. 2507) is amended--
       (1) by inserting ``(a) In General.--'' before the first 
     sentence; and
       (2) by striking the last sentence of subsection (a) (as 
     designated by paragraph (1) of this section) and inserting 
     the following:
       ``(b) Coordination With Land and Water Conservation Fund 
     Activities.--(1) The Secretary and general purpose local 
     governments are encouraged to coordinate preparation of 
     recovery action programs required by this title with State 
     Plans or Agendas required under section 6 of the Land and 
     Water Conservation Fund Act of 1965, including by allowing 
     flexibility in preparation of recovery action programs so 
     they may be used to meet State and local qualifications for 
     local receipt of Land and Water Conservation Fund grants or 
     State grants for similar purposes or for other conservation 
     or recreation purposes.
       ``(2) The Secretary shall encourage States to consider the 
     findings, priorities, strategies, and schedules included in 
     the recovery action programs of their urban localities in 
     preparation and updating of State plans in accordance with 
     the public coordination and citizen consultation requirements 
     of subsection 6(d) of the Land and Water Conservation Fund 
     Act of 1965.''.

     SEC. 410. CONVERSION OF RECREATION PROPERTY.

       Section 1010 (16 U.S.C. 2509) is amended to read as 
     follows:


                  ``conversion of recreation property

       ``Sec. 1010. (a)(1) No property developed, acquired, or 
     rehabilitated under this title shall, without the approval of 
     the Secretary, be converted to any purpose other than public 
     recreation purposes.
       ``(2) Paragraph (1) shall apply to--
       ``(A) property developed with amounts provided under this 
     title; and
       ``(B) the park, recreation, or conservation area of which 
     the property is a part.
       ``(b)(1) The Secretary shall approve such conversion only 
     if the grantee demonstrates no prudent or feasible 
     alternative exists.
       ``(2) Paragraph (1) shall apply to property that is no 
     longer a viable recreation facility due to changes in 
     demographics or that must be abandoned because of 
     environmental contamination which endangers public health or 
     safety.
       ``(c) Any conversion must satisfy any conditions the 
     Secretary considers necessary to assure substitution of other 
     recreation property that is--
       ``(1) of at least equal fair market value, or reasonably 
     equivalent usefulness and location; and
       ``(2) in accord with the current recreation recovery action 
     plan of the grantee.''.

     SEC. 411. REPEAL.

       Section 1015 (16 U.S.C. 2514) is repealed.
                  TITLE V--HISTORIC PRESERVATION FUND

     SEC. 501. TREATMENT OF AMOUNTS TRANSFERRED FROM CONSERVATION 
                   AND REINVESTMENT ACT FUND.

       Section 108 of the National Historic Preservation Act (16 
     U.S.C. 470h) is amended--
       (1) by inserting ``(a)'' before the first sentence;
       (2) in subsection (a) (as designated by paragraph (1) of 
     this section) by striking all after the first sentence; and
       (3) by adding at the end the following:
       ``(b) Amounts transferred to the Secretary under section 
     5(b)(5) of the Conservation and Reinvestment Act of 1999 in a 
     fiscal year shall be deposited into the Fund and shall be 
     available without further appropriation, in that fiscal year, 
     to carry out this Act.
       ``(c) At least \1/2\ of the funds obligated or expended 
     each fiscal year under this Act shall be used in accordance 
     with this Act for preservation projects on historic 
     properties. In making such funds available, the Secretary 
     shall give priority to the preservation of endangered 
     historic properties.''.

     SEC. 502. STATE USE OF HISTORIC PRESERVATION ASSISTANCE FOR 
                   NATIONAL HERITAGE AREAS AND CORRIDORS.

       Title I of the National Historic Preservation Act (16 
     U.S.C. 470a and following) is amended by adding at the end 
     the following:

     ``SEC. 114. STATE USE OF ASSISTANCE FOR NATIONAL HERITAGE 
                   AREAS AND CORRIDORS.

       ``In addition to other uses authorized by this Act, amounts 
     provided to a State under this title may be used by the State 
     to provide financial assistance to the management entity for 
     any national heritage area or national heritage corridor 
     established under the laws of the United States, to support 
     cooperative historic preservation planning and 
     development.''.
             TITLE VI--FEDERAL AND INDIAN LANDS RESTORATION

     SEC. 601. PURPOSE.

       The purpose of this title is to provide a dedicated source 
     of funding for a coordinated program on Federal and Indian 
     lands to restore degraded lands, protect resources that are 
     threatened with degradation, and protect public health and 
     safety.

     SEC. 602. TREATMENT OF AMOUNTS TRANSFERRED FROM CONSERVATION 
                   AND REINVESTMENT ACT FUND; ALLOCATION.

       (a) In General.--Amounts transferred to the Secretary of 
     the Interior and the Secretary of Agriculture under section 
     5(b)(6) of

[[Page S944]]

     this Act in a fiscal year shall be available without further 
     appropriation, in that fiscal year, to carry out this title.
       (b) Allocation.--Amounts referred to in subsection (a) year 
     shall be allocated and available as follows:
       (1) Department of the interior.--60 percent shall be 
     allocated and available to the Secretary of the Interior to 
     carry out the purpose of this title on lands within the 
     National Park System, lands within the National Wildlife 
     Refuge System, and public lands administered by the Bureau of 
     Land Management.
       (2) Department of agriculture.--30 percent shall be 
     allocated and available to the Secretary of Agriculture to 
     carry out the purpose of this title on lands within the 
     National Forest System.
       (3) Indian tribes.--10 percent shall be allocated and 
     available to the Secretary of the Interior for competitive 
     grants to qualified Indian tribes under section 603(b).

     SEC. 603. AUTHORIZED USES OF TRANSFERRED AMOUNTS.

       (a) In General.--Funds made available to carry out this 
     title shall be used solely for restoration of degraded lands, 
     resource protection, maintenance activities related to 
     resource protection, or protection of public health or 
     safety.
       (b) Competitive Grants to Indian Tribes.--
       (1) Grant authority.--The Secretary of the Interior shall 
     administer a competitive grant program for Indian tribes, 
     giving priority to projects based upon the protection of 
     significant resources, the severity of damages or threats to 
     resources, and the protection of public health or safety.
       (2) Limitation.--The amount received for a fiscal year by a 
     single Indian tribe in the form of grants under this 
     subsection may not exceed 10 percent of the total amount 
     available for that fiscal year for grants under this 
     subsection.
       (c) Priority List.--The Secretary of the Interior and the 
     Secretary of Agriculture shall each establish priority lists 
     for the use of funds available under this title. Each list 
     shall give priority to projects based upon the protection of 
     significant resources, the severity of damages or threats to 
     resources, and the protection of public health or safety.
       (d) Compliance With Applicable Plans.--Any project carried 
     out on Federal lands with amounts provided under this title 
     shall be carried out in accordance with all management plans 
     that apply under Federal law to the lands.
       (e) Tracking Results.--Not later than the end of the first 
     full fiscal year for which funds are available under this 
     title, the Secretary of the Interior and the Secretary of 
     Agriculture shall jointly establish a coordinated program 
     for--
       (1) tracking the progress of activities carried out with 
     amounts made available by this title; and
       (2) determining the extent to which demonstrable results 
     are being achieved by those activities.

     SEC. 604. INDIAN TRIBE DEFINED.

       In this title, 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).
TITLE VII--CONSERVATION EASEMENTS AND ENDANGERED AND THREATENED SPECIES 
                                RECOVERY
                   Subtitle A--Conservation Easements

     SEC. 701. PURPOSE.

       The purpose of this subtitle is to provide a dedicated 
     source of funding to the Secretary of the Interior for 
     programs to provide matching grants to certain eligible 
     entities to facilitate the purchase of permanent conservation 
     easements in order to--
       (1) protect the ability of these lands to maintain their 
     traditional uses; and
       (2) prevent the loss of their value to the public because 
     of development that is inconsistent with their traditional 
     uses.

     SEC. 702. TREATMENT OF AMOUNTS TRANSFERRED FROM CONSERVATION 
                   AND REINVESTMENT ACT FUND.

       Amounts transferred to the Secretary of the Interior under 
     section 5(b)(7)(A) in a fiscal year shall be available to the 
     Secretary of the Interior without further appropriation, in 
     that fiscal year, to carry out this subtitle.

     SEC. 703. AUTHORIZED USES OF TRANSFERRED AMOUNTS.

       The Secretary of the Interior may use the amounts available 
     under section 702 for the Conservation Easement Program 
     established by section 704.

     SEC. 704. CONSERVATION EASEMENT PROGRAM.

       (a) Grants Authorized; Purpose.--The Secretary the Interior 
     shall establish and carry out a program, to be known as the 
     ``Conservation Easement Program'', under which the Secretary 
     shall provide grants to eligible entities described in 
     subsection (c) to provide the Federal share of the cost of 
     purchasing permanent conservation easements in land with 
     prime, unique, or other productive uses.
       (b) Federal Share.--The Federal share of the cost of 
     purchasing a conservation easement described in subsection 
     (a) may not exceed 50 percent of the total cost of purchasing 
     the easement.
       (c) Eligible Entity Defined.--In this section, the term 
     ``eligible entity'' means any of the following:
       (1) An agency of a State or local government.
       (2) A federally recognized Indian tribe.
       (3) Any organization that is organized for, and at all 
     times since its formation has been operated principally for, 
     one or more of the conservation purposes specified in clause 
     (i), (ii), or (iii) of section 170(h)(4)(A) of the Internal 
     Revenue Code of 1986 and--
       (A) is described in section 501(c)(3) of the Code;
       (B) is exempt from taxation under section 501(a) of the 
     Code; and
       (C) is described in paragraph (2) of section 509(a) of the 
     Code, or paragraph (3) of such section, but is controlled by 
     an organization described in paragraph (2) of such section.
       (d) Title; Enforcement.--Any eligible entity may hold title 
     to a conservation easement described in subsection (a) and 
     enforce the conservation requirements of the easement.
       (e) State Certification.--As a condition of the receipt by 
     an eligible entity of a grant under subsection (a), the 
     attorney general of the State in which the conservation 
     easement is to be purchased using the grant funds shall 
     certify that the conservation easement to be purchased is in 
     a form that is sufficient, under the laws of the State, to 
     achieve the conservation purpose of the Conservation Easement 
     Program and the terms and conditions of the grant.
       (f) Conservation Plan.--Any land for which a conservation 
     easement is purchased under this section shall be subject to 
     the requirements of a conservation plan to the extent that 
     the plan does not negate or adversely affect the restrictions 
     contained in the easement.
       (g) Technical Assistance.--The Secretary of the Interior 
     may not use more than 10 percent of the amount that is made 
     available for any fiscal year under this program to provide 
     technical assistance to carry out this section.
         Subtitle B--Endangered and Threatened Species Recovery

     SEC. 711. PURPOSES.

       The purposes of this subtitle are the following:
       (1) To provide a dedicated source of funding to the United 
     States Fish and Wildlife Service and the National Marine 
     Fisheries Service for the purpose of implementing an 
     incentives program to promote the recovery of endangered 
     species and threatened species and the habitat upon which 
     they depend.
       (2) To promote greater involvement by non-Federal entities 
     in the recovery of the Nation's endangered species and 
     threatened species and the habitat upon which they depend.

     SEC. 712. TREATMENT OF AMOUNTS TRANSFERRED FROM CONSERVATION 
                   AND REINVESTMENT ACT FUND.

       Amounts transferred to the Secretary of the Interior under 
     section 5(b)(7)(B) of this Act in a fiscal year shall be 
     available to the Secretary of the Interior without further 
     appropriation, in that fiscal year, to carry out this 
     subtitle.

     SEC. 713. ENDANGERED AND THREATENED SPECIES RECOVERY 
                   ASSISTANCE.

       (a) Financial Assistance.--The Secretary may use amounts 
     made available under section 712 to provide financial 
     assistance to any person for development and implementation 
     of Endangered and Threatened Species Recovery Agreements 
     entered into by the Secretary under section 714.
       (b) Priority.--In providing assistance under this section, 
     the Secretary shall give priority to the development and 
     implementation of species recovery agreements that--
       (1) implement actions identified under recovery plans 
     approved by the Secretary under section 4(f) of the 
     Endangered Species Act of 1973 (16 U.S.C. 1533(f));
       (2) have the greatest potential for contributing to the 
     recovery of an endangered or threatened species; and
       (3) to the extent practicable, require use of the 
     assistance--
       (A) on land owned by a small landowner; or
       (B) on a family farm by the owner or operator of the family 
     farm.
       (c) Prohibition on Assistance for Required Activities.--The 
     Secretary may not provide financial assistance under this 
     section for any action that is required by a permit issued 
     under section 10(a)(1)(B) of the Endangered Species Act of 
     1973 (16 U.S.C. 1539(a)(1)(B)) or an incidental take 
     statement issued under section 7 of that Act (16 U.S.C. 
     1536), or that is otherwise required under that Act or any 
     other Federal law.
       (d) Payments Under Other Programs.--
       (1) Other payments not affected.--Financial assistance 
     provided to a person under this section shall be in addition 
     to, and shall not affect, the total amount of payments that 
     the person is otherwise eligible to receive under the 
     conservation reserve program established under subchapter B 
     of chapter 1 of subtitle D of title XII of the Food Security 
     Act of 1985 (16 U.S.C. 3831 and following), the wetlands 
     reserve program established under subchapter C of that 
     chapter (16 U.S.C. 3837 and following), or the Wildlife 
     Habitat Incentives Program established under section 387 of 
     the Federal Agriculture Improvement and Reform Act of 1996 
     (16 U.S.C. 3836a).
       (2) Limitation.--A person may not receive financial 
     assistance under this section to carry out activities under a 
     species recovery agreement in addition to payments under the 
     programs referred to in paragraph (1) made for the same 
     activities, if the terms of the species recovery agreement do 
     not require financial or management obligations

[[Page S945]]

     by the person in addition to any such obligations of the 
     person under such programs.

     SEC. 714. ENDANGERED AND THREATENED SPECIES RECOVERY 
                   AGREEMENTS.

       (a) In General.--The Secretary may enter into Endangered 
     and Threatened Species Recovery Agreements for purposes of 
     this subtitle in accordance with this section.
       (b) Required Terms.--The Secretary shall include in each 
     species recovery agreement provisions that--
       (1) require the person--
       (A) to carry out on real property owned or leased by the 
     person activities not otherwise required by law that 
     contribute to the recovery of an endangered or threatened 
     species;
       (B) to refrain from carrying out on real property owned or 
     leased by the person otherwise lawful activities that would 
     inhibit the recovery of an endangered or threatened species; 
     or
       (C) to do any combination of subparagraphs (A) and (B);
       (2) describe the real property referred to in paragraph 
     (1)(A) and (B) (as applicable);
       (3) specify species recovery goals for the agreement, and 
     measures for attaining such goals;
       (4) require the person to make measurable progress each 
     year in achieving those goals, including a schedule for 
     implementation of the agreement;
       (5) specify actions to be taken by the Secretary or the 
     person (or both) to monitor the effectiveness of the 
     agreement in attaining those recovery goals;
       (6) require the person to notify the Secretary if--
       (A) any right or obligation of the person under the 
     agreement is assigned to any other person; or
       (B) any term of the agreement is breached by the person or 
     any other person to whom is assigned a right or obligation of 
     the person under the agreement;
       (7) specify the date on which the agreement takes effect 
     and the period of time during which the agreement shall 
     remain in effect;
       (8) provide that the agreement shall not be in effect on 
     and after any date on which the Secretary publishes a 
     certification by the Secretary that the person has not 
     complied with the agreement; and
       (9) allocate financial assistance provided under this 
     subtitle for implementation of the agreement, on an annual or 
     other basis during the period the agreement is in effect 
     based on the schedule for implementation required under 
     paragraph (4).
       (c) Review and Approval of Proposed Agreements.--Upon 
     submission by any person of a proposed species recovery 
     agreement under this section, the Secretary--
       (1) shall review the proposed agreement and determine 
     whether it complies with the requirements of this section and 
     will contribute to the recovery of endangered or threatened 
     species that are the subject of the proposed agreement;
       (2) propose to the person any additional provisions 
     necessary for the agreement to comply with this section; and
       (3) if the Secretary determines that the agreement complies 
     with the requirements of this section, shall approve and 
     enter with the person into the agreement.
       (d) Monitoring Implementation of Agreements.--The Secretary 
     shall--
       (1) periodically monitor the implementation of each species 
     recovery agreement entered into by the Secretary under this 
     section; and
       (2) based on the information obtained from that monitoring, 
     annually or otherwise disburse financial assistance under 
     this subtitle to implement the agreement as the Secretary 
     determines is appropriate under the terms of the agreement.

     SEC. 715. DEFINITIONS.

       In this subtitle:
       (1) Endangered or threatened species.--The term 
     ``endangered or threatened species'' means any species that 
     is listed as an endangered species or threatened species 
     under section 4 of the Endangered Species Act of 1973 (16 
     U.S.C. 1533).
       (2) Family farm.--The term ``family farm'' means a farm 
     that--
       (A) produces agricultural commodities for sale in such 
     quantities so as to be recognized in the community as a farm 
     and not as a rural residence;
       (B) produces enough income, including off-farm employment, 
     to pay family and farm operating expenses, pay debts, and 
     maintain the property;
       (C) is managed by the operator;
       (D) has a substantial amount of labor provided by the 
     operator and the operator's family; and
       (E) uses seasonal labor only during peak periods, and uses 
     no more than a reasonable amount of full-time hired labor.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior or the Secretary of Commerce, in accordance 
     with section 3 of the Endangered Species Act of 1973 (16 
     U.S.C. 1532).
       (4) Small landowner.--The term ``small landowner'' means an 
     individual who owns 50 acres or fewer of land.
       (5) Species recovery agreement.--The term ``species 
     recovery agreement'' means an Endangered and Threatened 
     Species Recovery Agreement entered into by the Secretary 
     under section 714.

   Mr. MURKOWSKI. Mr. President. I rise today with my 
colleagues from Louisiana, Mississippi and California to introduce the 
Conservation and Reinvestment Act of 2000. This legislation remedies a 
tremendous inequity in the distribution of revenues generated by 
offshore oil and gas production from the Federal Outer Continental 
Shelf (OCS). It directs that a portion of those moneys be allocated to 
coastal States and communities who shoulder the responsibility for 
energy development off their coastlines. It also provides secure 
funding for a number of conservation programs.
  This bill is similar to S. 25 which I cosponsored a little more than 
a year ago with Senators Landrieu and Lott, along with a number of 
other Senators from both sides of the aisle. S. 25 and other proposals 
to spend OCS revenues are pending before the Senate Energy and Natural 
Resources Committee and a series of legislative hearings were held on 
these bills in the first session. The Committee continues to strive to 
reach an agreement on legislation which can be reported favorably to 
the floor.
  Today, I am cosponsoring this bill in an effort to continue to move 
the process forward in the Senate. This bill is identical to the 
bipartisan bill reported by the House Resources Committee and which 
presently has 302 sponsors. At the same time, the Administration has 
proposed its Lands Legacy Initiative which would provide $1.4 billion 
annually in dedicated funding for a number of the programs funded in 
this bill. Given the Administration's action and anticipated passage by 
the House of Representatives of OCS legislation, I believe it is 
crucial that the Senate pass its own OCS bill.
  This bill is not perfect and I have serious reservations about some 
of the provisions in Title 1. Title 1 provides $1 billion a year to 
coastal States and communities to mitigate the impacts of OCS 
activities off their shores. Offshore oil and gas production generates 
$3 to $4 billion in revenues annually for the U.S. Treasury. Yet, 
unlike mineral receipts from onshore Federal lands, very little of OCS 
oil and gas revenues are shared with coastal States. This bill remedies 
that disparity.
  As Americans confront increasing oil and gas prices caused by this 
nation's reliance on foreign petroleum products, we should all 
recognize the importance of the OCS to this nation's energy 
independence. According to the Energy Information Administration, the 
OCS accounts for 27 to 28 percent of total U.S. oil and gas production. 
This production is authorized to occur off the coast of six States: 
parts of Alaska, parts of California; Texas, Mississippi, Alabama; and 
Louisiana. All Americans benefit from OCS production yet the States 
which produce this oil and gas off their coasts bear the burden.
  It is in the long-term best interest of this country to support 
responsible and sustainable development of nonrenewable resources. We 
now import more than 55 percent of our domestic petroleum requirements 
and it is predicted that America will be at least 65 percent dependent 
on foreign energy sources by 2020. OCS development will play an 
important role in offsetting even greater dependence on foreign energy.
  I do, however, have concerns about some of the provisions in Title 1. 
Title 1 places unreasonable restrictions on the use of coastal impact 
assistance funds by States and local governments. Like onshore mineral 
revenue sharing payments, the decision as to how to spend this money 
should be made by State and local government officials after a public 
process. There is no need for the Federal government to mandate that 
these funds be used for only certain, specific programs. Coastal impact 
assistance funds are just that--funds coastal States can use to offset 
the unavoidable impacts of OCS development. These impacts can range 
from shoreline erosion to the need for new schools to educate the 
children of oil and gas workers. And, these impacts can vary from year-
to-year. It is important that the Federal government give States the 
flexibility they need to determine their needs and for Washington not 
to mandate a one-size fits all solution.
  I also am concerned that Title 1 allows coastal States--without any 
OCS production--to receive more coastal impact assistance funds than 
States with OCS production. We cannot forget where this money comes 
from: it is generated by OCS oil and gas development. Nor can we forget 
the purpose of sharing these revenues with coastal

[[Page S946]]

States: to offset the unavoidable impacts of this OCS development. It 
is unfair to allow States which do not bear the burdens of 
this development to benefit at the expense of States off whose shores 
development occurs. This provision must be added to this bill.

  I do want to note a few other provisions in this bill which I believe 
are critical. Title 2 provides $900 million a year for the Land and 
Water Conservation Fund (LWCF). These LWCF monies are split between 
Federal land acquisition and the state-side LWCF matching grant 
program. As to the Federal land acquisition funds, a number of sensible 
limitations are placed on the expenditure of this money to ensure that 
Federal funds are spent to address Americans' concerns about the loss 
of private property in many States.
  Each year the Administration must submit a list to Congress of each 
tract of land it proposes to acquire with LWCF monies and Congress must 
specifically approve each project through the appropriations process. 
Within 30 days of the submission of this list, Congressional 
representatives, the Governors and local government officials must be 
notified of relevant purchase requests. At the same time, the local 
public must be notified in a newspaper that is widely distributed in 
the area in which the proposed acquisition is to take place.
  The Administration must seek to consolidate Federal land holdings in 
States with checkerboard Federal land ownership patterns. It also must 
seek to use exchanges and conservation easements as an alternative to 
fee title acquisition. If the Administration identifies tracts from 
non-willing sellers, it must notify Congress and, unless specifically 
authorized by Congress, the bill prohibits adverse condemnation. The 
Administration must identify to Congress its authority to carry out 
Federal acquisitions. No purchases can occur until all actions under 
Federal law are completed and a copy of the final NEPA document must be 
sent to Congress and the Governor and local government officials must 
be notified that the NEPA document is available.
  The bill has a number of other provisions of interest to Westerners 
where the vast majority of Federal land is located. The bill requires 
just compensation for the taking of private property and protects State 
water rights. It provides $200 million annually for the maintenance of 
Federal lands managed by the Department of the Interior or the Forest 
Service. It also provides up to $200 million in additional funding for 
the Payment in-lieu-of Taxes and Refugee Revenue Sharing programs. The 
bill provides the necessary funds to reduce the $10 billion backlog of 
willing sellers located within the boundaries of Federal land 
management units. Finally, the bill restricts the Federal government's 
regulatory ability over private lands.
  This bill is not perfect but it does reflect a bipartisan consensus. 
It provides a starting point for Senate discussions of conflicting OCS 
revenue-sharing proposals. With the anticipated action of the House and 
the Administration's Lands Legacy Initiative, it is imperative that the 
Senate put forth its own proposal to distribute OCS revenues. I remain 
committed to working with all Senators on such a proposal.
                                 ______