[Congressional Record Volume 146, Number 23 (Monday, March 6, 2000)]
[Senate]
[Pages S1173-S1185]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCTED BILLS AND JOINT RESOLUTIONS
By Mr. BINGAMAN (for himself, Mr. Hollings, Mr. Baucus, Mr.
Kerry, Mrs. Boxer, Mr. Lieberman, Mr. Bryan, Mr. Akaka, Mr.
Leahy, and Mr. Sarbanes):
S. 2181. A bill to amend the Land and Water Conservation Fund Act to
provide full funding for funding the Land and Water Conservation Fund,
and to provide dedicated funding for other conservation programs,
including coastal stewardship, wildlife habitat protection, State and
local part and open space preservation, historic preservation, forestry
conservation programs, and youth conservation corps; and for other
purposes; to the Committee on Energy and Natural Resources.
CONSERVATION AND STEWARDSHIP ACT
Mr. BINGAMAN. Mr. President, today I am pleased to introduce the
``Conservation and Stewardship Act,'' which is cosponsored by Senators
Hollings, Baucus, Kerry, Boxer, Lieberman, Bryan, Akaka, Leahy, and
Sarbanes. This comprehensive bill will provide permanent and dedicated
funding from Outer Continental Shelf oil and gas revenues to be used
for the Land and Water Conservation Fund and many other important
conservation programs, including coastal, wildlife habitat, endangered
species, historic preservation, State and local park and open space
preservation, forestry and farmland conservation, and youth
conservation corps programs. While the bill will ensure much-needed
funding for many Federal conservation programs, most of the programs
included in the bill will assist States, counties, or cities to
implement local conservation and recreation projects. In addition, this
legislation will, for the first time, fully fund the Payments In Lieu
of Taxes (PILT) program, which provides payments to local governments
for the loss of tax revenues resulting from Federal lands in their
jurisdiction.
In developing this bill, I have tried to include a variety of
programs to ensure that the benefits from OCS revenues--which are a
federal resource belonging to all Americans--are equitably distributed
throughout the country. While some programs in the bill are of specific
interest to coastal States, others will have more application in
interior areas; some programs in the bill provide funding for large
cities and urban areas, while others are designed to assist rural
communities. If we are to succeed in passing a comprehensive
conservation bill this year, the benefits must extend to all regions of
the country.
In addition, I think it's important to recognize that several very
meritorious legislative proposals have already been put forward. One of
my goals in developing this bill was to try and incorporate important
programs from the other bills, and I am pleased that many of the
sponsors of those proposals are also supporting this bill. I also want
to recognize the efforts that Senator Landrieu, Senator Murkowski, and
others have made in generating support for a comprehensive conservation
bill with their legislative proposal. While there are differences in
our bills and in some of our funding priorities, I believe our
underlying goals are the same. I am committed to working with them, and
with all other interested Senators, as we try to pass a bill this year.
I would like to add that my primary goal in introducing this bill is
to try and move the legislative process forward in the Senate. I think
a consensus approach, such as we are proposing today, is our only
chance of getting a bill enacted into law this year.
I know some have questioned why these programs--or any program--
should be provided with dedicated funding. When Congress amended the
LWCF Act in 1968 to credit a portion of Outer Continental Shelf oil and
gas lease revenues into the fund, the premise was that at least some of
the revenues from OCS oil and gas production, a non-renewable resource,
should be used to protect other resources throughout the country. I
think that was a wise concept then, and one we should continue to
adhere to today. Along those lines, it is important that whatever
programs are included in a comprehensive bill contribute to enriching
the natural, cultural, or historical legacy of this country. In my
opinion, such a bill is not only justifiable, but necessary if we are
going to be responsible to future generations.
Mr. President, I would like to briefly describe some of the major
programs that would receive dedicated funding in this bill.
Since its enactment over 35 years ago, the Land and Water
Conservation Fund Act has been not only one of the most popular
conservation measures ever signed into law, but one of the most far-
sighted as well. Revenues deposited into the fund are used to protect
our national and cultural heritage in our national parks, forests,
wildlife refuges, wilderness areas, trails, wild and scenic rivers, and
other important areas. In addition, the LWCF State grant program
assists States in the planning, acquisition, and development of open
space and outdoor recreation facilities.
However, over the past 35 years, appropriations from the LWCF have
lagged far behind the amounts credited into the fund, even though
demand for LWCF funding continues to increase. In fact, on average,
less than half of the amounts credited to the fund have actually been
authorized. Today, the fund's unappropriated balance exceeds $13
billion. History has shown that if the LWCF remains subject to the
annual appropriations process, the intent of the fund will never be
fulfilled. For that reason, my bill uses OCS oil and gas receipts to
provide dedicated funding for the LWCF and all of the other
conservation programs in the bill. The bill funds the LWCF and its
fully authorized level of $900 million annually, divided equally
between the Federal land acquisition and State grant programs.
In addition, I think it's important that the benefits we will get
from fully
[[Page S1174]]
funding the LWCF not be negated by placing new restrictions on the land
acquisitions in our national parks, forests and wildlife refuges. I am
concerned about language in other bills on this issue which are pending
in the House and Senate which would create new obstacles to protecting
threatened national resources. I think a much better approach is to
take the existing LWCF program, which has a proven track record, and
ensure that it is adequately funded. However, I have included language
which gives the Congress the ability to override proposed Federal
agency expenditures, while ensuring that all of the money is actually
spent for the intended purpose.
Likewise, I believe it's important that new restrictions not be
placed on States for the use of the funds they receive under the State
grant program. Although some have proposed to restructure the State
program, I think the flexibility given to States in the current law is
appropriate, and States should continue to determine how to allocate
LWCF funds for recreational and open space needs, consistent with the
requirements of the Act and with review by the Secretary of the
Interior.
Title II of the Conservation and Stewardship Act provides funding to
protect and restore our fragile coastal resources. It establishes the
Ocean and Coast Conservation Fund, and dedicates $365 million annually,
primarily to States, to address a broad array of coastal and marine
conservation needs. This fund is administered by the Secretary of
Commerce. The bill also establishes the Outer Continental Shelf Impact
Assistance Fund, administered by the Secretary of the Interior, to
provide $100 million annually to Coastal States suffering negative
environmental impacts from oil and gas production on the OCS.
The Ocean and Coast Conservation Fund addresses four programs. The
first account within the fund allocates $250 million to Coastal States
for a broad range of coastal and marine conservation activities which
ensure protection for coral reefs, wetlands, estuaries and marine
species. The second account allocates $25 million to Coastal States to
fund joint marine enforcement agreements between States and the
Secretary of Commerce, thereby increasing enforcement capabilities for
both Federal and State marine resource protection laws. The third
account gives $75 million to Coastal States to fund fisheries research
and management. The fourth account allocates $15 million to the
Secretary of Commerce for the protection of coral reefs. A
complementary program for protection of coral resources under the
jurisdiction of the Department of the Interior is contained in Title VI
of my bill as described further below.
Although other bills have been introduced which also address coastal
funding, I believe the Ocean and Coast Conservation Fund contains
several significant advantages. First, it requires that all money
received under this fund be used only for the protection of the marine
and coastal environment. Second, it ties the amount of money States
will receive to demonstrated conservation need rather than the amount
of production occurring offshore the State, or a State's or county's
proximity to that production. In this manner, my bill refrains from
allowing money from this fund to be used as an incentive to begin or
increase production in the Federal OCS. My bill also excludes revenues
from leases included within areas covered by a moratorium on leasing.
The Outer Continental Shelf Impact Assistance Fund allocates $100
million specifically to address the needs of those Coastal States which
have hosted Federal OCS oil and gas production off their shores, and
which have suffered negative environmental impacts from that
production. Funds are distributed based on shoreline miles and coastal
population (25 percent each) and the amount of production occurring
offshore the Coastal State (50 percent). States can use the money only
to mitigate adverse environmental impacts directly attributable to the
development of oil and gas resources of the OCS.
The bill also establishes a separate Coral Reef Resources Restoration
Fund. This fund provides $15 million annually to the Secretary of the
Interior for the protection of coral reef resources under the
jurisdiction of the Secretary. The bill authorizes the Secretary to
make grants, not to exceed 75 percent of the total costs, for projects
which promote the viability of coral reef systems under the
jurisdiction of the Department of the Interior. Grants would be
available to natural resource agencies of States or Territories,
educational or non-governmental institutions, or organizations with
demonstrated expertise in the conservation of coral reefs.
Like many of the other comprehensive conservation proposals, my bill
includes significant new funding to assist States in protecting
wildlife habitat. The Conservation and Stewardship Act includes a $350
million annual increase in deposits into the Pittman-Robertson fund, to
help fund a broad variety of wildlife conservation programs, with an
emphasis on protecting habitat for non-game species.
In addition, the bill establishes a new $50 million fund to protect
threatened and endangered species. Under the program, the Secretary of
the Interior would be authorized to enter into agreements with private
landowners to protect habitat for threatened and endangered species.
This incentive program would assist landowners who voluntarily agree to
take protective actions beyond what is required under existing law.
In addition to the funds provided for Federal and State programs
through the Land and Water Conservation Fund, the Conservation and
Stewardship Act provides funding for several programs to assist States,
local governments, and other organizations in the protection of open
space. The bill includes $50 million in funding for the Forest Legacy
Program, $50 million for the Farmland Protection Program, and $50
million for a new program to allow for the voluntary acquisition of
conservation easements to prevent ranchlands from being converted to
non-agricultural uses.
The bill also includes $125 million for a new grant program to be
administered by the Secretary of the Interior to help States conserve,
on a matching basis, non-Federal lands or waters of clear regional or
national interest.
Presently, OCS revenues are credited to only two funds: the Land and
Water Conservation Fund and the Historic Preservation Fund. Like the
LWCF, appropriations from the HPF have lagged far behind the $150
million that is annually credited to the fund. The Conservation and
Stewardship Act will, for the first time, ensure that the fully
authorized amount is expended. In addition, the bill requires that at
least half of the fund, $75 million, be available to States, tribes,
and local governments to allow them to better carry out their
responsibilities under the National Historic Preservation Act. The bill
also requires that at least 50 percent of the Federal funds spent under
the program be used for the restoration of historic properties.
The bill also funds the American Battlefield Protection Program at
$15 million per year, fulfilling recommendations made by the Civil War
Sites Advisory Commission. Funding would be available for preservation
assistance for all types of battlefields, although with respect to
Civil War battlefields, the funding priority would be for ``Priority
1'' battlefields identified in the Civil War Sites Advisory
Commission's report.
Mr. President, it is well known that many of the natural and historic
resources in the parks and historic sites of our National Park System
are facing significant threats, especially given the limited funds
available to the Park Service to address this issue. In an attempt to
improve this problem, the Conservation and Stewardship Act creates a
new ``National Park System Resource Protection Fund'' and provides $150
million in annual funding. Moneys from the fund are available to the
Secretary of the Interior to protect significant natural, cultural or
historical resources in units of the National Park System that are
threatened by activities occurring inside or outside of the park
boundaries. The Secretary is also authorized to enter into cooperative
agreements with State and local governments and other organizations to
address these threats. In addition, the bill makes clear that the fund
cannot be used to fund land acquisitions, permanent employee salaries,
road construction, or projects which already receive funding through
the Recreational Fee Demonstration Program.
[[Page S1175]]
Like many of the other programs included in this bill, the Urban
Parks and Recreation Recovery Program is a program with overwhelming
demand and, in recent years, little or non-existent funding. In an
effort to revitalize this program, the Conservation and Stewardship Act
provides $75 million in dedicated funding each year for UPARR programs,
a significant increase over recent appropriations.
I think it is important that a comprehensive conservation bill focus
not only on land acquisition and other resource conservation programs,
but also on improving the tie between these resources and local
communities. I have included funding for four programs to assist the
way communities, including young people, work with public and private
partners to plan and take action for the long-term stewardship and
maintenance of lands and resources.
Dedicated funding for the Youth Conservation Corps and related
partnerships will enable us to make significant investments in two of
our country's most valuable treasures--our natural resources and our
young people. The investments in our youth and our natural resources
can grow together and benefit one another.
The Youth Conservation Corps, and related partnerships with
nonprofit, State, and local youth conservation corps (``YCC''), are
administered by the Secretary of Agriculture and the Secretary of the
Interior. It is clear that they are successful and popular programs.
The demand for summer conservation jobs for youth overwhelmingly
exceeds the supply. Over the past twenty years, a lack of adequate
funding has been the biggest obstacle preventing YCC from realizing an
even greater level of success.
Our parks, forests, wildlife refuges, and other public lands benefit
because important conservation projects are completed at a lower cost.
Our youth, on summer break from school, benefit by engaging in positive
and meaningful activities. There are many types of projects that youth
complete--construction, maintenance, reconstruction, restoration,
repair, or rehabilitation of natural, cultural, historic,
archaeological, recreational, or scenic resources.
Senator Scoop Jackson was the sponsor of the original legislation
that created the YCC. He had the foresight and vision to create
opportunities for young people to complete conservation and restoration
projects on our public lands. The bill I am introducing today will
enable us to embrace Senator Jackson's legacy by fully funding YCC,
thereby achieving the levels of participation that existed during his
tenure in the Senate.
Last year, the National Parks, Historic Preservation, and Recreation
Subcommittee held an oversight hearing on YCC and related partnerships.
Both National Park Service Director Stanton, on behalf of the
Department of the Interior, and Forest Service Chief Dombeck expressed
enthusiastic support for these programs. Similarly, over the past year
I have learned that strong bipartisan Congressional support exists for
YCC and related partnerships.
All of our country's public lands will benefit from these programs.
The existing authorizing law includes a State grant component as well
as opportunities for projects to be completed on public lands other
than Federal lands.
I have a letter that I will submit for the record from the National
Association of Service and Conservation Corps and the Student
Conservation Association supporting inclusion of the YCC provision in
this bill. Partnerships between members of these organizations and the
Federal land management agencies seem to be the most cost effective and
efficient way to maximize both the number of conservation projects and
the youth who complete them. Dedicated funding will ensure that
existing partnerships are maintained while also allowing for the
creation of new partnerships across the country.
The Forest Service's Economic Action Program (``EAP'') assists rural
forest-dependent communities to foster stronger links between the
health of forests and the well-being of communities. It is an important
complement to land acquisition under the LWCF, helping rural
communities to effectively participate in plans and actions that affect
the future management of public and private forest lands.
One of the most important aspects of EAP is the emphasis on helping
communities organize and develop their own broad-based local action
plans. This is the first step in enabling a community to build a
sustainable future based on the integration of economic, social, and
environmental objectives. Communities can then focus on organizing,
planning, and implementing natural resource based projects contained in
their plans. Projects range from tourism and value-added manufacturing
to historic preservation.
In addition to the planning component, EAP also helps communities to
build rural business infrastructure to better use and market the
byproducts of ecosystem restoration; strengthen, diversify, and expand
their local economies; improve transportation networks for forest-based
products; and increase their access to technology through partnerships.
Projects range from tourism and value-added manufacturing to historic
preservation.
EAP's focus is to promote self-sufficiency by leveraging small grants
for capacity building. Many recipients of these grants are able to
start forest-based small businesses with the Forest Service's technical
and financial assistance. The Forest Service is the best, often the
only, delivery mechanism because Forest Service personnel are already
located and established in these communities.
As evidenced by a recent oversight hearing before the Subcommittee on
Forests and Public Land Management, the Economic Action programs are
strongly supported by rural communities across the country. Lack of
adequate and consistent funding is the primary obstacle that has
prohibited these programs from achieving even greater levels of
success.
I ask unanimous consent to place a letter in the Record from American
Forests supporting inclusion of this program in the bill that I am
introducing today. The National Network of Forest Practitioners also
has expressed support for EAP in testimony before Congress for several
years.
Urban and Community Forestry is an important program that has been
overlooked in other recent legislative proposals. Through this program,
the Forest Service works with national groups and networks, such as
American Forests and the Alliance for Community Trees, and with local
governments, community groups, and private businesses in hundreds of
rural communities and cities across the country to heighten awareness
of the ecological benefits that trees and forests provide.
Urban and community forests provide tremendous value to communities
in terms of ``ecological services,'' such as filtering air pollutants,
cleaning drinking water, managing stormwater flows, and reducing energy
consumption. Recent losses in tree and forest cover in communities in
the United States translate into billions of dollars of lost value in
terms of ecological services.
The Urban and Community Forestry Program is the key Federal program
assessing and highlighting the significant environmental values
associated with urban forests and helping communities plan and take
action to preserve, restore, and maintain their green infrastructure.
It is a capacity-building program, providing Federal technical and
financial assistance to communities and empowering them to plan and
take action for themselves, while strongly leveraging the Federal
assistance.
This program complements the LWCF and other programs currently
included in other legislative proposals to provide increased funding
for conservation. This program could deliver increased levels of
success with an increased and predictable level of funding.
My bill also provides full funding for the Payment In Lieu of Taxes
Program. This program, like many of the others in this bill, is
generally funded at far below its authorized level. The program
compensates units of local governments, primarily counties, for the
loss of tax revenues due to the presence of Federal lands within their
jurisdiction, and recognizes the important partnership between the
Federal government and local governments in any national conservation
effort.
Mr. President, I have received letter from a broad coalition of
environmental, conservation, and historic preservation groups in
support of this
[[Page S1176]]
legislation. I ask unanimous consent that they be printed in the
Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:
March 6, 2000.
Hon. Jeff Bingaman,
Hart Building,
Washington, DC.
Dear Senator Bingaman: All of the environmental and
preservation organizations listed below are writing to thank
you for your leadership in introducing the Conservation and
Stewardship Act of 2000 and to express our strong support.
Your bill is an excellent piece of legislation that achieves
the objective of providing permanent mandatory funding for a
number of critical conservation needs including: the Land and
Water Conservation Fund (LWCF); the Historic Preservation
Fund (HPF); acquisition of non-federal lands of regional or
national interest; coastal restoration; state wildlife
conservation; endangered species protection; preservation of
our national parks; urban recreation and forestry;
conservation easements for farm, forest, and ranch land; and
important rural assistance programs.
We are especially grateful that the Conservation and
Stewardship Act of 2000 achieves these vital objectives while
addressing important concerns that the environmental
community has identified in other legislative efforts to
achieve these same ends. We look forward to working with you,
the President, and other leaders to ensure passage of sound
conservation funding legislation in this Congress. Again, we
deeply appreciate your leadership on this legislation.
Sincerely,
Defenders of Wildlife; Environmental Defense; Friends of
the Earth; League of Conservation Voters; National
Parks Conservation Association; Natural Resources
Defense Council; National Trust for Historic
Preservation; Scenic America; Sierra Club; The
Wilderness Society; U.S. Public Interest Research
Group; World Wildlife Fund.
____
National Wildlife Federation,
Washington, DC, March 6, 2000.
Hon. Jeff Bingaman,
Hart Building,
Washington, DC.
Dear Senator Bingaman: On behalf of the National Wildlife
Federation and our millions of members and supporters, I want
to thank you for introducing the Conservation and Stewardship
Act and express our strong support for this important
legislation. This bill would make an historic contribution to
conservation by providing substantial and reliable funding
for the protection and restoration of our nation's wildlife;
public lands; coastal and marine resources; historic and
cultural treasures; state, local and urban parks and
recreation programs; and open space.
As you know, the House Resources Committee has approved
similar legislation, H.R. 701 the Conservation and
Reinvestment Act, which was recently introduced by Chairman
Frank Murkowski and Senator Mary Landrieu as S. 2123. Like
your bill, H.R. 701/S. 2123 would provide permanent funding
to a variety of important conservation programs. The National
Wildlife Federation is supporting H.R. 701/S. 2123 while
seeking key changes to improve the bill. Many of the changes
we are seeking in H.R. 701/S. 2123 are already in your bill.
We are eager to see the sponsors of these related bills
work together to find a proposal that can be passed by the
Senate and enacted into law.
The National Wildlife Federation looks forward to working
with you, the President, and other leaders to ensure passage
of sound conservation funding legislation in this Congress.
Again, we deeply appreciate your leadership on this
legislation.
Sincerely,
Steven J. Shimberg,
Vice President, Office of
Federal and International Affairs.
____
The Trust for Public Land,
San Francisco, CA, March 6, 2000.
Hon. Jeff Bingaman,
Hart Senate Office Building, Washington, DC.
Dear Senator Bingaman: On behalf of The Trust for Public
Land and our many land conservation partners across America,
I am writing to thank you for your promotion of legislation
that would bring important new substance and certainty to our
national investment in resource land protection.
We are gratified that the Conservation and Stewardship Act
you introduce today would institute structural revisions to
the Land & Water Conservation Fund to ensure full annual
funding of LWCF's currently authorized but only partly
realized potential to protect federal lands--including our
irreplaceable national parks, forests, wildlife refuges, and
other public land treasures--and to provide urgently needed
grants for state and local parkland and recreation
partnerships. We also deeply appreciate the new federal tools
your legislation would provide for the protection of
threatened ranchlands and non-federal lands of regional and
national significance; the enhancements it would afford to
such other existing programs as the Forest Legacy Program,
the Farmland Protection Program, the Urban Park and
Recreation Recovery Act, and the Urban and Community Forestry
Program; and its additional provisions to protect natural,
cultural, recreational, and other crucial resources. And we
are encouraged that your direct approach to establishing this
lasting commitment to our nation's legacy of open spaces
avoids new procedural complexities.
I am therefore pleased to offer The Trust for Public Land's
support for the Conservation and Stewardship Act, and for
your outstanding efforts to protect America's most vital
resources. We look forward to working with you, as the
legislative process unfolds this year, to secure permanent,
stable funding for these vital programs.
Sincerely,
Alan Front,
Senior Vice President.
____
American Forests,
Washington, DC, March 6, 2000.
Hon. Jeff Bingaman,
U.S. Senate,
Washington, DC.
Dear Senator Bingaman: I am writing to express our support
for the bill you are introducing today, the Conservation and
Stewardship Act. There is a great need for stronger and more
consistent annual investment in programs that protect,
restore, and maintain lands and resources, and we believe
your bill is an excellent vehicle for working toward this
objective. We are especially pleased that the bill includes
three programs administered by the USDA Forest Service--the
Urban and Community Forestry Program, Forest Legacy Program,
and Economic Action Programs. These programs complement the
land acquisition elements of other Land and Water
Conservation Fund (LWCF) bills by providing for the ongoing
stewardship of lands and resources.
American Forests is the oldest national nonprofit
conservation organization in the U.S. Since 1875, we have
worked with scientists, resource managers, policymakers, and
citizens to promote policies and programs that help people
improve the environment with trees and forests. We partner
with public and private organizations in communities around
the country providing technical information and resources to
leverage local actions. Our Global ReLeaf campaign, which
raises private funds and provides grants to local
organizations for ecosystem restoration projects, has helped
people plant more than 12 million trees since 1990.
The three programs I cited above focus on helping
communities plan and take action for the long-term
maintenance, or stewardship, of lands and resources. The
Urban and Community Forestry Program provides technical and
financial assistance to local governments and community
groups around the country to develop plans and actions to
protect and maintain ``green infrastructure'' and deal with
sprawl and quality-of-life issues. Forest Legacy helps
communities work with willing private forest landowners to
confront development pressures through the use of
conservation easements which allow landowners to maintain
their forests in conservation uses. The Economic Action
Programs assist rural forest-dependent communities to
effectively participate in plans and actions affecting public
and private forests, and to foster stronger links between the
health of the forest and the well-being of communities.
We appreciate your leadership in calling attention to the
need to increase support for stewardship programs while
Congress is considering major new public investments in
conservation programs through the LWCF. If we can be of any
assistance with respect to your new bill, we stand ready to
help.
Sincerely,
Deborah Gangloff,
Executive Director.
____
National Association of
Service and Conservation Corps,
Washington, DC, March 6, 2000.
Student Conservation Association,
Charlestown, NH, March 6, 2000.
Hon. Jeff Bingaman,
U.S. Senate,
Washington, DC.
Dear Senator Bingaman: The National Association of Service
and Conservation Corps and the Student Conservation
Association join in thanking you for your leadership in
finding a means of support for youth partnership programs on
the nation's public lands.
Together, we wish to announce our strong support for the
legislation you are introducing today that will establish a
$60 million Youth Conservation Corps Fund with Outer
Continental Shelf revenue, and which will take numerous other
steps in support of essential Federal, state, and local
conservation measures and programs.
State and local conservation and service corps in 31 states
and the District of Columbia, as well as participants in the
Student Conservation Association's programs nationwide, can
look forward to the opportunity to work hard while providing
conservation service that benefits the entire nation, thanks
to this legislation.
We applaud your efforts and look forward to working with
you to transform this vision into a reality that benefits the
nation's youth and natural resources.
Sincerely yours,
Kathleen Selz,
President, NASCC.
Dale Penny,
President, SCA.
[[Page S1177]]
____
Alliance For Community Trees,
Dallas, TX, August 16, 1999.
Re support for the USDA Forest Service's Urban & Community
Forestry Program to be part of the land and water
conservation reauthorization bill.
Hon. Jeff Bingaman,
Budget Committee, U.S. Senate,
Washington, DC.
Dear Senator Bingaman: The Miller/Young Land and Water
Conservation Fund reauthorization bill includes funding for
the Department of Interiors' Urban Parks Recovery Program
(UPARR) but does not include any funding for the Forest
Service's Urban and Community Forestry Program (U&CF).
While UPARR will address some of the basic physical
components of the bill, it will not begin to touch the urban
work needed to make the program a success in the community.
The U&CF Program address's the community-based work and
issues such as urban sprawl and natural resources and
ecosystems.
We believe that the delivery system for the U&CF program
has a wider audience, reaching Federal and State governments
in all 50 states, as well as partners in the grassroots
nonprofit community. The UPARR delivery system is strictly
through the Federal government and in only 400 specific
cities. The Alliance for Community Trees (ACT) members alone
represents over 75 million Americans in twenty-eight states.
ACT also partners with federal, state and local partners in
every facet of the communities in which they serve. In
addition, the Alliance for Community Trees groups, in
partnership with the government agencies, will help address
the human elements to the program through community outreach,
technical assistance and volunteer opportunities. Lastly, we
believe that the funding will be more productively spent
through a coordinated effort of both UPARR and the U&CF
Program.
Sincerely,
Suzanne Probart,
Issues Committee.
____
Tree New Mexico, Inc.,
Albuquerque, NM, August 16, 1999.
Re: Support for urban & community forestry programs in New
Mexico through the proposed land and water conservation
reauthorization bills.
Hon. Jeff Bingaman,
Budget Committee, U.S. Senate,
Washington, DC.
Dear Senator Bingaman: Tree New Mexico (TNM) is New
Mexico's premier nonprofit grassroots tree planting and
education organization whose full-time programs offer
volunteer tree planting opportunities, education and training
to all NM citizens. Since 1990, Tree New Mexico has planted
over 575,000 trees in urban, riparian, rural areas statewide.
In addition, TNM's education program delivers environmental
education and specialty training to over 6,000 New Mexico's
children annually.
The various Land and Water Conservation Fund (LWCF)
reauthorization bills (H.R. 701--Young/Dingell, H.R. 798-
Miller, S. 25--Landrieu/Murkowski, S. 446--Boxer, and S.
532--Feinstein) all included funding for conservation
programs, land acquisition and park infrastructure through
the Dept. of Interiors' Urban Parks Recovery Program (UPARR).
Tree New Mexico recommends that the USDA Forest Service's
Urban and Community Forestry Program (U&CF) is included in
LWCF funding bill. While UPARR will address some of the basic
physical components of the bill, it will not begin to touch
the urban work needed to make the program a success in the
community. In addition, the UPARR delivery system is strictly
through the Federal government and in only 400 specific
cities. With the exception of perhaps Albuquerque, we do not
feel this will benefit New Mexico very well.
The delivery system for the U&CF program has a wider
audience, reaching Federal and State governments in all 50
states, as well as partners in the grassroots nonprofit
community--like Tree New Mexico. The U&CF Program addresses
the green infrastructure--trees and landscaping! Who would
want to play ball or spend time in a park with no trees? We
believe that the funding will be more productively spent
through a coordinated effort of both UPARR and the U&CF
Program.
Tree New Mexico respectfully urges you to take a leadership
role by encouraging the committee to request that the Urban &
Community Forestry Program receive funding from the Land &
Water Conservation Fund for the benefit of all New Mexicans.
Sincerely,
Suzanne Probart,
Executive Director.
Mr. BINGAMAN. Let me conclude by particularly thanking David Brooks,
Mary Katherine Ishee, and Bob Simon, who are all on the staff of our
Energy and Natural Resources Committee. They have done yeoman's work in
getting this bill prepared for introduction and obtaining the support
of many of the Senators who are cosponsors on the bill.
I ask unanimous consent that the full text of the bill I have
introduced today be printed in the Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 2181
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 Stewardship
Act''.
TITLE I--LAND AND WATER CONSERVATION FUND
SEC. 101. SHORT TITLE.
This title may be cited as the ``Land and Water
Conservation Fund Act Amendments of 2000''.
SEC. 102. LAND AND WATER CONSERVATION FUND AMENDMENTS.
(a) Permanent Appropriation Into the Fund.--Section 2 of
the Land and Water Conservation Fund Act of 1965 (16 U.S.C.
460l-5) is amended--
(1) in the first paragraph by striking ``During the period
ending September 30, 2015, there'' and inserting ``There'';
(2) in paragraph (c)(1) by striking ``not less than'' and
all that follows through the end of the paragraph and
inserting ``not less than $900,000,000 for each fiscal
year.''; and
(3) in paragraph (c)(2) by striking ``shall be credited''
and all that follows through the end of the paragraph and
inserting ``shall be deposited into the fund from qualified
Outer Continental Shelf revenues (as that term is defined in
section 2(u) of the Outer Continental Shelf Lands Act (43
U.S.C. 1331(u)) (as amended by the Coastal Stewardship Act of
2000)). Such moneys shall only be used to carry out the
purposes of this Act.''.
(b) Permanent Funding Authority.--Section 3 of the Land and
Water Conservation Fund Act of 1965 (16 U.S.C. 460l-6) is
amended to read as follows:
``Of amounts in the fund, $900,000,000 shall be available
each fiscal year for obligation or expenditure in accordance
with section 5 of this Act. Such funds shall be made
available without further appropriation, and shall remain
available until expended. Other moneys in the fund shall be
available for expenditure only when appropriated therefor.
Such appropriations may be made without fiscal year
limitation.''.
(c) Allocation of Funds.--Section 5 of the Land and Water
Conservation Fund Act of 1965 (16 U.S.C. 460l-7) is amended
to read as follows:
``Fifty percent of the funds made available each fiscal
year shall be used for Federal land acquisition purposes as
provided in section 7 of this Act, and fifty percent shall be
used for financial assistance to States as provided in
section 6 of this Act.''.
(d) State Funding Allocations.--Section 6(b) of the Land
and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-8(b))
is amended--
(1) by striking ``Sums appropriated and available'' and
inserting ``Amounts made available'';
(2) by striking paragraph (1) in its entirety and inserting
the following:
``(1) Eighty percent of the amounts made available shall be
apportioned as follows:
``(A) Sixty percent shall be apportioned equally among the
several States;
``(B) Twenty percent shall be apportioned on the basis of
the ratio which the population of each State bears to the
total population of the United States; and
``(C) Twenty percent shall be apportioned on the basis of
the urban population in each State (as defined by
Metropolitan Statistical Areas).''; and
(3) in paragraph (2) by striking ``At any time, the
remaining appropriation'' and inserting ``The remaining
allocation''.
(e) Federal Land Acquisition Projects.--Section 7(a) of the
Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-
9(a)) is amended--
(1) by striking ``Moneys appropriated'' and all that
follows through ``subpurposes'' and inserting the following:
``(1)(A) The President shall transmit, as part of the
annual budget proposal, a priority list for Federal land
acquisition projects. Funds shall be made available from the
Land and Water Conservation Fund, without further
appropriation, 15 days after the date the Congress adjourns
sine die for each year, for the projects identified on the
President's priority list, unless prior to such date,
legislation is enacted establishing a different priority
list.
``(B) If Congress enacts legislation establishing an
alternate priority list, and such priority list funds less
than the annual authorized funding amount identified in
section 5, the difference between the authorized funding
amount and the alternate priority list shall be available for
expenditure, without further appropriation, in accordance
with the priority list submitted by the President.
``(C)(1) In developing the annual land acquisition priority
list, the President shall require the Secretary of the
Interior and the Secretary of Agriculture to develop the
priority list for the sites under each Secretary's
jurisdiction. The Secretaries shall prepare the lists in
consultation with the head of each affected bureau or agency,
taking into account the best professional judgment regarding
the land acquisition priorities and policies of each bureau
or agency.
``(2) In preparing the lists referred to in paragraph (1),
the Secretaries shall ensure that not less than $5 million is
made available each year for the acquisition of easements, on
a willing seller basis, to provide for non-motorized access
to public lands for hunting, fishing, and other recreational
purposes.
[[Page S1178]]
``(D) Amounts made available from the fund for Federal land
acquisition projects shall be used for the purposes and
subpurposes identified in paragraphs (2), (3), and (4) of
this subsection.''; and
(2) by redesignating subsequent paragraphs accordingly.
SEC. 102. NON-FEDERAL LANDS OF REGIONAL OR NATIONAL INTEREST.
Title I of the Land and Water Conservation Fund Act of 1965
(16 U.S.C. 460l-4 et seq.) is amended by adding at the end
the following:
``SEC. 14. NON-FEDERAL LANDS OF REGIONAL OR NATIONAL
INTEREST.
``(a) Establishment of Fund.--There is established in the
Treasury of the United States a fund which shall be known as
the ``Non-Federal Lands of Regional or National Interest
Fund'' (in this section referred to as the ``fund''). There
shall be deposited into the fund $125,000,000 in fiscal year
2001 and each fiscal year thereafter from qualified Outer
Continental Shelf Revenues (as that term is defined in
section 2(u) of the Outer Continental Shelf Lands Act (43
U.S.C. 1331(u)) (as amended by the Coastal Stewardship Act of
2000)). Such moneys shall be used only to carry out the
purposes of this section.
``(b) Expenditures.--(1) Of the amounts in the fund,
$125,000,000 shall be available each year to the Secretary of
the Interior for obligation or expenditure in accordance with
this section. Such funds shall be available without further
appropriation, subject to the requirements of this section,
and shall remain available until expended.
``(2) The Secretary shall prepare, as part of the annual
budget proposal, a priority list for grant projects to be
funded under this section, from among the applications
submitted pursuant to subsection (c). Moneys shall be
available from the fund, without further appropriation, 15
days after the date Congress adjourns sine die each year, for
the projects specified on the priority list, unless prior to
such date, legislation is enacted establishing a different
priority list.
``(c) Grants to States.--(1) A State may submit an
application to the Secretary for a grant to fund the
conservation of non-Federal lands or waters of clear regional
or national interest.
``(2) In determining whether to recommend the award of a
grant under this section, the Secretary shall consider, on a
competitive basis, the extent to which a proposed
conservation project described in the grant application will
conserve the natural, historic, cultural, and recreational
values of the non-Federal lands or waters to be protected.
``(3) The Secretary shall give preference to proposed
conservation projects--
``(A) that seek to protect ecosystems;
``(B) that are developed in collaboration with other
States, or with private persons or entities; or
``(C) that are complementary to conservation or restoration
programs undertaken on Federal lands.
``(4) A grant awarded to a State under this subsection
shall cover not more than 50 percent of the total cost of the
conservation project.''.
TITLE II--COASTAL STEWARDSHIP
SEC. 201. SHORT TITLE.
This title may be cited as the ``Coastal Stewardship Act of
2000.''
SEC. 202. AMENDMENT TO OUTER CONTINENTAL SHELF LANDS ACT.
(a) Definitions.--Section 2 of the Outer Continental Shelf
Lands Act (43 U.S.C. 1331) is amended by adding at the end
the following:
``(r) As used in sections 31 and 32, the term ``coastline''
has the meaning given such term in section 2(c) of the
Submerged Lands Act (43 U.S.C. 1301(c));
``(s) As used in sections 31 and 32, the term ``Coastal
State'' has the same meaning given such term in section
304(4) of the Coastal Zone Management Act of 1972 (16 U.S.C.
1453(4));
``(t) As used in sections 31 and 32, the term ``leased
tract'' means a tract, maintained under section 6 or leased
under section 8 for the purposes 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 both), as
specified in the lease, and as depicted on an Outer
Continental Shelf Official Protraction Diagram;
``(u) As used in sections 31 and 32, the term ``qualified
Outer Continental Shelf revenues'' means all amounts received
by the United States as bonus bids, rents, royalties
(including payments for royalty taken in kind and sold), net
profit share payments, and related late payment interest from
natural gas and oil leases issued pursuant to section 8 or
maintained under section 6, accruing from each leased tract
or portion of a leased tract, the geographic center of which
lies within a distance of 200 miles from any part of the
coastline of any Coastal State. It shall not include amounts
from any leased tract or portion of a leased tract which is
included within any area of the Outer Continental Shelf where
a moratorium on new leasing was in effect as of January 1,
1999, unless the leased tract or portion of leased tract was
issued prior to the establishment of the moratorium and is in
production as of January 1, 2000. For each leased tract or
portion of a leased tract lying within the zone defined and
governed by section 8(g), and to which section 8(g) applies,
the term ``qualified Outer Continental Shelf revenues'' shall
include only amounts remaining after payment has been to
States in accordance with section 8(g).''.
(b) Ocean and Coast Conservation.--The Outer Continental
Shelf Lands Act (43 U.S.C. 1331 et seq.) is amended by adding
at the end the following:
``SEC. 31. OCEAN AND COAST CONSERVATION FUND.
``(a) Establishment of Fund.--(1) There is established in
the Treasury of the United States a fund which shall be known
as the ``Ocean and Coast Conservation Fund'' (in this section
referred to as the ``fund''). There shall be deposited into
the fund $365,000,000 from qualified Outer Continental Shelf
revenues in fiscal year 2001 and each fiscal year thereafter.
Such moneys shall be used only to carry out the purposes of
this section.
``(2) Of the amounts in the fund, $365,000,000 shall be
available each fiscal year for obligation or expenditure in
accordance with this section. Such funds shall be made
available to the Secretary of Commerce without further
appropriation, subject to the requirements of this section,
and shall remain available until expended.
``(b) Allocation of Funds.--Notwithstanding section 9, the
Secretary of Commerce shall allocate funds available under
this section as follows:
``(1) for uses identified in subsection (c), $250,000,000;
``(2) for uses identified in subsection (d), $25,000,000;
``(3) for uses identified in subsection (e), $75,000,000;
and
``(4) for uses identified in subsection (f), $15,000,000.
``(c) Coastal Stewardship.--(1) The Secretary of Commerce
shall allocate among all Coastal States the funds available
under subsection (b)(1) as follows:
``(A) 25 percent of the funds under this subsection shall
be allocated based on the ratio of the coastline miles of the
Coastal State to the coastline miles of all Coastal States;
``(B) 25 percent of the funds under this subsection shall
be allocated based on the ratio of the coastal population of
the Coastal State to the coastal population of all Coastal
States;
``(C) 50 percent of the funds under this subsection shall
be allocated based on the demonstrated conservation and
protection needs of the Coastal State for coastal stewardship
uses as determined under this subsection.
``(2) The Secretary of Commerce, in accordance with the
requirements of this section, shall determine the allocation
each State is entitled to receive based on demonstrated
conservation and protection need under subsection (c)(1)(C).
``(3) To be eligible to receive moneys under subsection
(c)(1)(C), a Coastal State must submit to the Secretary of
Commerce an application demonstrating the conservation and
protection needs of the Coastal State. Such application shall
indicate how moneys received from that portion of the fund
would be used in accordance with the allowable uses
identified in this subsection. This application shall be
submitted as part of the plan required under subsection
(c)(6) and in accordance with the requirements of that
subsection.
``(4) In determining the allocation of moneys based on
demonstrated conservation and protection need as provided in
subsection (c)(1)(C), priority shall be given to activities
and plans--
``(A) which support and are consistent with National
Estuary programs, National Estuarine Research Reserve
programs, the National Marine Sanctuary Act, the Coastal Zone
Management Act, and other State or Federal laws governing the
conservation or restoration of coastal or marine fish
habitat;
``(B) which promote coastal conservation, restoration, or
water quality protection on a watershed or regional basis; or
``(C) which address coastal conservation needs created by
seasonal or otherwise transient fluctuations in population in
Coastal States.
``(5) Coastal States shall use moneys received under this
subsection only for--
``(A) the conservation or protection of coastal and marine
habitats including wetlands, estuaries, and coral reefs;
``(B) projects to remove abandoned vessels or marine debris
that may adversely affect coastal habitat or living marine
resources;
``(C) the reduction or monitoring of coastal polluted
runoff or other coastal contaminants;
``(D) addressing watershed protection including
conservation needs which cross jurisdictional boundaries;
``(E) the assessment, research, mapping and monitoring of
coastal and marine habitats.
``(F) addressing coastal conservation needs associated with
seasonal or otherwise transient fluctuations in coastal
populations;
``(G) the establishment, monitoring or assessment of marine
protected areas.
``(6) To be eligible to receive moneys under this
subsection, a Coastal State must submit to the Secretary of
Commerce a plan detailing the uses to which the Coastal State
will put all funds received under this subsection. The plan
shall be developed with public input, and must certify that
uses set forth in the plan comply with all applicable Federal
and State laws, including environmental laws. Each plan shall
consider ways to use funds received under this subsection to
assist local governments, non-profit organizations, or public
institutions with activities or programs consistent with this
subsection.
``(7) No funds under this subsection shall be made
available to a Coastal State until the Secretary of Commerce
has affirmatively found that all uses proposed by a Coastal
[[Page S1179]]
State are consistent with the purposes and requirements of
this subsection.
``(d) Cooperative Enforcement Uses.--(1) The Governor of a
State represented on an Interstate Fisheries Commission may
apply to the Secretary of Commerce for execution of a
cooperative enforcement agreement with the Secretary of
Commerce. Cooperative agreements between the Secretary of
Commerce and such States shall authorize the deputization of
State law enforcement officers with marine law enforcement
responsibilities, to perform duties of the Secretary of
Commerce relating to any law enforcement provision of any
marine resource laws enforced by the Secretary of Commerce,
including the National Marine Sanctuaries Act. Such
cooperative enforcement agreements shall be consistent with
the purposes and intent of section 311(a) of the Magnuson-
Stevens Fishery Conservation and Management Act (16 U.S.C.
1861(a)), to the extent applicable to the regulated
activities, and may include specifications for joint
management responsibilities as provided by section 1 of
Public Law 91-412 (15 U.S.C. 1525).
``(2) Upon receiving an application meeting the
requirements of this subsection, the Secretary of Commerce
shall enter into the cooperative enforcement agreement with
the requesting State.
``(3) Consistent with the fund amounts contained in
subsection (b)(2), The Secretary of Commerce shall include in
each cooperative enforcement agreement an allocation of funds
to assist in management of the agreement. The allocation
shall be equitably distributed among all States participating
in cooperative enforcement agreements under this subsection,
based upon consideration of the specific marine conservation
enforcement needs of each participating State. Such agreement
may provide for amounts to be withheld by the Secretary of
Commerce for the cost of any technical or other assistance
provided to the State by the Secretary of Commerce under the
agreement.
``(e) Cooperative Research and Management Uses.--The
Governor of any State represented on an Interstate Marine
Fishery Commission may apply to the Secretary of Commerce for
the execution of a research and management agreement, on a
sole source basis, for the purpose of undertaking eligible
projects required for the effective management of living
marine resources of the United States. Upon determining that
the application meets the requirements of this subsection,
the Secretary of Commerce shall enter into such agreement.
Such agreement may provide for amounts to be withheld by the
Secretary of Commerce for the cost of any technical or other
assistance provided to the State by the Secretary of Commerce
under the agreement.
``(2) The Secretary of Commerce shall allocate to States
participating in a research and management agreement under
this subsection funds to assist in implementing the
agreement, consistent with the amounts available under
subsection (b)(3).
``(3) For purposes of this subsection, eligible projects
are those which address critical needs identified in fishery
management reports or plans developed and approved by a
State, Marine Fisheries Commission, Regional Fishery
Management Council, or other regional or tribal entity,
charged with management and conservation of living marine
resources, and that pertain to--
``(A) the collection and analysis of fishery data and
information, including data on landings, fishing effort,
biology, habitat, economics and social changes, including
those information needs identified pursuant to section 401 of
the Magnuson-Stevens Fishery Conservation and Management Act
(16 U.S.C. 1881); or
``(B) the development of measures to promote innovative or
cooperative management of fisheries.
``(4) In making funds available under this subsection, the
Secretary of Commerce shall give priority to eligible
projects that meet any of the following criteria:
``(A) establishment of observer programs;
``(B) cooperative research projects developed among States,
academic institutions, and the fishing industry, to obtain
data or other information necessary to meet national or
regional management priorities;
``(C) projects to reduce harvesting capacity performed in a
manner consistent with section 312(b) of the Magnuson-Stevens
Fishery and Conservation Act (16 U.S.C. 1862(b));
``(D) projects designed to identify ecosystem impacts of
fishing, including the relationship between fishing harvest
and marine mammal population abundance; and
``(E) projects for the identification, conservation or
restoration of fish habitat.
``(5) Within 90 days of enactment of this Act, the
Secretary of Commerce shall adopt procedures necessary to
implement this section.
``(f) Coral Reef Protection.--The Secretary of Commerce
shall use amounts provided in subsection (b)(4) for the
conservation and protection of coral reefs.
``(g) Annual Accounting.--Not later than June 15 of each
year, each Coastal State receiving moneys from the fund shall
account for all moneys so received for the previous fiscal
year in a written report to the Secretary of Commerce. This
report shall include a description of all projects and
activities receiving funds under this section.
``(h) Congressional Approval.--The Secretary of Commerce
shall transmit, as part of the annual budget proposal, a
priority list for allocations to Coastal States under
subsection (c)(1)(C), and subsections (d), (e), and (f).
Monies shall be made available from the fund 15 days after
the sine die adjournment of the Congress each year, without
further appropriation, for the projects identified on the
priority list, unless prior to such date, legislation is
enacted establishing a different priority list. If Congress
enacts legislation establishing an alternate priority list,
and such priority list funds less than the annual authorized
funding amount identified in subsections (c)(3), (d), (e), or
(f), the difference between the authorized funding amount and
the alternate priority list shall be available for
expenditure, without further appropriation, in accordance
with the priority list submitted by the Secretary.
``SEC. 32. COASTAL IMPACT ASSISTANCE.
``(a) Definitions.--In this section:
``(1) Distance.--The term ``distance'' means minimum great
circle distance, measured in statute miles; and
``(2) Producing Coastal State.--The term ``Producing
Coastal State'' means a Coastal State, any portion of which
lies within a distance of 200 miles from the geographic
center of any leased tract having an approved plan of
development, and which leased tract, as of January 1, 1999,
was not covered by a moratorium on leasing, unless the lease
was issued prior to the establishment of the moratorium and
was in production on January 1, 1999.
``(b) Establishment of Fund.--(1) There is established in
the Treasury of the United States a fund which shall be known
as the ``Outer Continental Shelf Impact Assistance Fund'' (in
this section referred to as the ``fund''). There shall be
deposited into the fund in fiscal year 2000 and each fiscal
year thereafter $100,000,000 from qualified Outer Continental
Shelf revenues for each leased tract or portion of a leased
tract lying seaward of the zone defined and governed by
section 8(g), or lying within that zone but to which section
8(g) does not apply. Such moneys shall be used only to carry
out the purposes of this section.
``(2) Of the amounts in the fund, $100,000,000 shall be
available each fiscal year for obligation or expenditure in
accordance with this section. Such funds shall be made
available to the Secretary without further appropriation,
subject to the requirements of this section, and shall remain
available until expended.
``(c) Payment to Producing Coastal States.--
``(1) Notwithstanding section 9, the Secretary shall,
without further appropriation, make payments in each fiscal
year to Producing Coastal States equal to the amount
deposited in the fund for the prior fiscal year.
``(2) Such payments shall be allocated among the Producing
Coastal States as follows:
``(A) 25 percent of the funds shall be allocated based on
the ratio of the shoreline miles of the Producing Coastal
State to the shoreline miles of all Producing Coastal States;
``(B) 25 percent of the funds shall be allocated based on
the ratio of the coastal population of the Producing Coastal
State to the coastal population of all Producing Coastal
States;
``(C) 50 percent of the funds shall be allocated based upon
the Outer Continental Shelf oil and gas production offshore
of such Producing Coastal State. The allocation shall only
include qualified Outer Continental Shelf revenues from any
leased tract the geographic center of which lies within a
distance of 200 miles from any portion of such Producing
Coastal State, but shall not include revenues from any leased
tract or portion of a leased tract which, as of January 1,
1999, was covered by a moratorium on leasing, unless the
lease was issued prior to the establishment of the moratorium
and was in production on January 1, 1999. Each Producing
Coastal State's allocable share shall be inversely
proportional to the distance between the nearest port on the
coastline of such Producing Coastal State and the geographic
center of each leased tract or portion of the leased tract as
determined by the Secretary.
``(e) Minimum State Share.--The allocable share of revenues
for each Producing Coastal State shall not be less than
$2,000,000.
``(f) Uses.--Producing Coastal States shall use moneys
received from the fund only to mitigate adverse environmental
impacts directly attributable to the development of oil and
gas resources of the Outer Continental Shelf.
``(g) State Plans and Annual Report.--(1) Prior to the
receipt of funds pursuant to this section in any fiscal year,
a Producing Coastal State shall submit to the Secretary a
plan for the use of such moneys. The plan shall be developed
with public participation and in accordance with all
applicable State and Federal laws. The Secretary shall make
payments from the fund only upon determining, in consultation
with the Secretary of Commerce, that the State plan ensures
that the Producing Coastal State will use its allocated funds
in a manner that is consistent with the purposes of this
section.
``(2) No later than June 15 of each year, each Producing
Coastal State receiving money from this fund shall account
for all moneys so received for the previous fiscal year in a
written report to the Secretary and the Secretary of
Commerce. The report shall include a description of all
projects and activities receiving funds under this
section.''.
[[Page S1180]]
TITLE III--WILDLIFE CONSERVATION AND RESTORATION
SEC. 301. SHORT TITLE
This title may be cited as the ``Wildlife Conservation and
Restoration Act of 2000''.
SEC. 302. FINDINGS.
The Congress finds and declares that--
(1) a diverse array of species of fish and wildlife is of
significant value to the Nation for many reasons: aesthetic,
ecological, educational, cultural, recreational, economic,
and scientific;
(2) the United States should retain for present and future
generations the opportunity to observe, understand, and
appreciate a wide variety of wildlife;
(3) millions of citizens participate in outdoor recreation
through hunting, fishing, and wildlife observation, all of
which have significant value to the citizens who engage in
these activities;
(4) providing sufficient and properly maintained wildlife
associated recreational opportunities is important to
enhancing public appreciation of a diversity of wildlife and
the habitats upon which they depend;
(5) lands and waters which contain species neither
classified as game nor identified as endangered or threatened
can provide opportunities for wildlife associated recreation
and education such as hunting and fishing permitted by
applicable State or Federal law;
(6) hunters and anglers have for more than 60 years
willingly paid user fees in the form of Federal excise taxes
on hunting and fishing equipment to support wildlife
diversity and abundance, through enactment of the Federal Aid
in Wildlife Restoration Act (16 U.S.C. 1669 et seq.; commonly
referred to as the Pittman-Robertson Act), and the Federal
Aid in Sport Fish Restoration Act (16 U.S.C. 777 et seq.;
commonly referred to as the Dingell-Johnson Act);
(7) State programs, adequately funded to conserve a broader
array of wildlife in an individual State and conducted in
coordination with Federal, State, tribal, and private
landowners and interested organizations, would continue to
serve as a vital link in a nationwide effort to restore
game and nongame wildlife, and the essential elements of
such programs should include conservation measures which
manage for a diverse variety of populations of wildlife;
and
(8) cooperative conservation efforts aimed at preventing
species from becoming endangered will significantly benefit
private landowners and other citizens by responding to early
warning signs of decline in a flexible, incentive-based
manner that minimizes the social and economic costs often
associated with listing species as threatened or endangered;
and
(9) it is proper for Congress to bolster and extend this
highly successful program to aid game and nongame wildlife in
supporting the health and diversity of habitat, as well as
providing funds for conservation education.
SEC. 303. PURPOSES.
The purposes of this title are--
(1) to extend financial and technical assistance to the
States under the Federal Aid in Wildlife Restoration Act for
the benefit of a diverse array of wildlife and associated
habitats, including species that are not hunted or fished, to
fulfill unmet needs of wildlife within the States while
recognizing the mandate of the States to conserve all
wildlife;
(2) to assure sound conservation policies through the
development, revision and implementation of wildlife
associated recreation and wildlife associated education and
wildlife conservation law enforcement;
(3) to encourage State fish and wildlife agencies to create
partnerships between the Federal Government, other State
agencies, wildlife conservation organizations, and outdoor
recreation and conservation interests through cooperative
planning and implementation of this title; and
(4) to encourage State fish and wildlife agencies to
provide for public involvement in the process of development
and implementation of a wildlife conservation and restoration
program.
SEC. 304. DEFINITIONS.
(a) Reference to Law.--The term ``Federal Aid in Wildlife
Restoration Act'' means the Act of September 2, 1937 (16
U.S.C. 669 et seq.), commonly referred to as the Federal Aid
in Wildlife Restoration Act or 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 further amended
by inserting ``or State fish and wildlife department'' after
``State fish and game department''.
(d) Conservation.--Section 2 of the Federal Aid in Wildlife
Restoration Act (16 U.S.C. 669a) is further amended by
striking the period at the end thereof, substituting a
semicolon, and adding the following: ``the term
`conservation' shall be construed to mean the use of methods
and procedures necessary or desirable to sustain healthy
populations of wildlife including all activities associated
with scientific resources management such as research,
census, monitoring of populations, acquisition, improvement
and management of habitat, live trapping and transplantation,
wildlife damage management, and periodic or total protection
of a species or population as well as the taking of
individuals within wildlife stock or population if permitted
by applicable State and Federal law; the term `wildlife
conservation and restoration program' shall be construed to
mean a program developed by a State fish and wildlife
department that the Secretary determines meets the criteria
in section 6(d), the projects that constitute such a program,
which may be implemented in whole or part through grants and
contracts by a State to other State, Federal, or local
agencies 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,
such projects as construction or restoration of wildlife
viewing areas, observation towers, blinds, platforms, land
and water trails, water access, trailheads, and access for
such projects; and the term `wildlife conservation education'
shall be construed to mean projects, including public
outreach, intended to foster responsible natural resource
stewardship.''.
(e) Funding.--Subsection 3(a) of the Federal Aid in
Wildlife Restoration Act (16 U.S.C. 669b(a)) is amended in
the first sentence--
(1) by inserting at the beginning thereof the following:
``There shall be deposited into the Federal Aid in Wildlife
Restoration Fund (referred to as the ``fund'') in the
Treasury: (1)''; and
(2) by striking ``shall,'';
(3) by inserting after ``Internal Revenue Code of 1954''
the following: ``; and (2) $350,000,000 in fiscal year 2001
and each fiscal year thereafter from qualified Outer
Continental Shelf revenues (as that term is defined in
section 2(u) of the Outer Continental Shelf Land Act (43
U.S.C. 1331(u)) (as amended by the Coastal Stewardship Act of
2000)).''; and
(4) by striking ``be covered into'' and all that follows
through ``is authorized'' and inserting ``Moneys in the fund
are authorized''.
SEC. 305. SUBACCOUNTS.
Section 3 of the Federal Aid in Wildlife Restoration Act
(16 U.S.C. 669b) is further amended by adding at the end the
following:
``(c) A subaccount shall be established in the Federal Aid
in Wildlife Restoration Fund in the Treasury to be known as
the ``wildlife conservation and restoration account'' and the
deposits each fiscal year to such account shall be equal to
the $350,000,000 referred to in subsection (a)(2). Amounts in
such account shall be made available without further
appropriation, for apportionment at the beginning of fiscal
year 2001 and each fiscal year thereafter to carry out State
wildlife conservation and restoration programs.
``(d) Funds covered into the wildlife conservation and
restoration account shall supplement, but not replace,
existing funds available to the States from the sport fish
restoration and wildlife restoration accounts and shall be
used for the development, revision, and implementation of
wildlife conservation and restoration programs and should be
used to address the unmet needs for a diverse array of
wildlife and associated habitats, with an emphasis on 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.
``(e) Notwithstanding subsections (a) and (b), with respect
to the wildlife conservation and restoration account, so much
of the appropriation apportioned to any State for any fiscal
year as remains unexpended at the close thereof is authorized
to be made available for expenditure in that State until the
close of the fourth succeeding fiscal year. Any amount
apportioned to any State under this subsection that is
unexpended or unobligated at the end of the period during
which it is available for expenditure on any project is
authorized to be reapportioned to all States during the
succeeding fiscal year.''.
SEC. 306. ALLOCATION OF SUBACCOUNT RECEIPTS.
Section 4 of the Federal Aid in Wildlife Restoration Act
(16 U.S.C. 669c) is amended by adding the following:
``(c)(1) Notwithstanding subsection (a), not more than 2
percent of the revenues deposited into the wildlife
conservation and restoration account in each fiscal year as
the Secretary of the Interior may estimate to be necessary
for expenses in the administration and execution of programs
carried out under the wildlife conservation and restoration
account shall be deducted for that purpose, and such amount
is authorized to be made available therefor until the
expiration of the next succeeding fiscal year. Within 60 days
after the close of such fiscal year, the Secretary shall
apportion any portion thereof as remains unexpended, if any,
on the same basis and in the same manner as is provided under
paragraphs (2) and (3).
``(2) The Secretary, after making the deduction under
paragraph (1), shall make the following apportionment from
the amount remaining in the wildlife conservation and
restoration account:
[[Page S1181]]
``(A) to the District of Columbia and to the Commonwealth
of Puerto Rico, each a sum equal to not more than \1/2\ of 1
percent thereof; and
``(B) to Guam, American Samoa, the Virgin Islands, and the
Commonwealth of the Northern Mariana Islands, each a sum
equal to not more than \1/6\ of 1 percent thereof.
``(3) The Secretary, after making the deduction under
paragraph (1) and the apportionment under paragraph (2),
shall apportion the remaining amount in the wildlife
conservation and restoration account for each year among the
States in the following manner:
``(A) one-third of which is based on the ratio to which the
land area of such State bears to the total land area of all
such States; and
``(B) two-thirds of which is based on the ratio to which
the population of such State bears to the total population of
all such States.
``(4) The amounts apportioned under this paragraph shall be
adjusted equitably so that no such State shall be apportioned
a sum which is less than \1/2\ of 1 percent of the amount
available for apportionment under this paragraph for any
fiscal year or more than 5 percent of such amount.
``(d) Wildlife Conservation and Restoration Program.--(1)
Any State, through its fish and wildlife department, may
apply to the Secretary for approval of a wildlife
conservation and restoration program or for funds to develop
a program, which shall--
``(A) contain provision for vesting in the fish and
wildlife department of overall responsibility and
accountability for development and implementation of the
program; and
``(B) contain provision for development and implementation
of--
``(i) wildlife conservation projects which expand and
support existing wildlife programs to meet the needs of a
diverse array of wildlife species, including a wildlife
strategy as set forth in subsection (e),
``(ii) wildlife associated recreation programs, including
provisions for non-motorized public access to public lands,
and
``(iii) wildlife conservation projects; and
``(C) contain provisions for public participation in the
development, revision, and implementation of projects and
programs stipulated in subparagraph (B) of this subsection.
``(2) If the Secretary finds that an application for such
program contains the elements specified in subparagraphs (A),
(B), and (C) of paragraph (1), the Secretary shall approve
such application and set aside from the apportionment to the
State made pursuant to section 4(c) an amount that shall not
exceed 90 percent of the estimated cost of developing and
implementing segments of the program for the first 5 fiscal
years following enactment of this subsection and not to
exceed 75 percent thereafter. Not more than 10 percent of the
amounts apportioned to each State from this subaccount for
the State's wildlife conservation and restoration program may
be used for law enforcement. Following approval, the
Secretary may make payments on a project that is a segment of
the State's wildlife conservation and restoration programs as
the project progresses but such payments, including previous
payments on the project, if any, shall not be more than the
United States pro rata share of such project. The Secretary,
under such regulations as he may prescribe, may advance funds
representing the United States pro rata share of a project
that is a segment of a wildlife conservation and restoration
program, including funds to develop such program. For
purposes of this subsection, the term `State' shall include
the District of Columbia, the Commonwealth of Puerto Rico,
the United States Virgin Islands, Guam, America Samoa, and
the Commonwealth of the Northern Mariana Islands.
``(e) Wildlife Conservation Strategy.--Any state that
receives an apportionment pursuant to section 4(c) shall
within five years of the date of the initial apportionment
development and begin implementation of a wildlife
conservation strategy based upon the best scientific
information and data available that--
``(1) integrates available information on the distribution
and abundance of species of wildlife, including law
population and declining species as the State fish and
wildlife department deems appropriate, that exemplify and are
indicative of the diversity and health of wildlife of the
State;
``(2) identifies the extend and condition of habitats and
community types essential to conservation of species
identified under paragraph (1);
``(3) identifies the problems which may adversely affect
the species identified under paragraph (1) or their habitats,
and provides for research to identify factors which may
assist in restoration and more effective conservation of such
species and their habitats;
``(4) determines those actions which should be taken to
conserve the species identified under paragraph (1) in their
habitats, and establishes priorities for implementing such
conservation actions;
``(5) provides for periodic monitoring of species
identified under paragraph (1) and their habitats and the
effectiveness of the conservation actions determined under
paragraph (4), and for adapting conservation actions as
appropriate to respond to new information or changing
conditions;
``(6) provides for the review of the State wildlife
conservation strategy and, if appropriate, revision at
intervals of not more than ten years;
``(7) provides for coordination by the State fish and
wildlife department, during the development, implementation,
review, and revision of the wildlife conservation strategy,
with Federal, State, and local agencies and Indian tribes
that manage significant areas of land or water within
the State, or administer programs that significantly
affect the conservation of species identified under
paragraph (1) or their habitats.''.
SEC. 307. FACA.
Coordination with State fish and wildlife department
personnel or with personnel of other State agencies pursuant
to the Federal Aid in Wildlife Restoration Act or the Federal
Aid in Sport Fish Restoration Act shall not be subject to the
Federal Advisory Committee Act (5 U.S.C. App.). Except for
the preceding sentence, the provisions of this title relate
solely to wildlife conservation and restoration programs as
defined in this title and shall not be construed to affect
the provisions of the Federal Aid in Wildlife Restoration Act
relating to wildlife restoration projects or the provisions
of the Federal Aid in Sport Fish Restoration Act relating to
fish restoration and management projects.
SEC. 308. LAW ENFORCEMENT.
The third sentence of subsection (a) of section 8 of the
Federal Aid in Wildlife Restoration Act (16 U.S.C. 669g) is
amended by inserting before the period at the end thereof:
``, except that not more than 5 percent of the funds
available from this subaccount for a State wildlife
conservation and restoration program may be used for law
enforcement through existing State programs.''.
SEC. 309. PROHIBITION AGAINST DIVERSION.
No designated State agency shall be eligible to receive
matching funds under this Act if sources of revenue available
to it on January 1, 1998, for conservation of wildlife are
diverted for any purpose other than the administration of the
designated State agency, it being the intention of Congress
that funds available to States under this Act be added to
revenues from existing State sources and not serve as a
substitute for revenues from such sources. Such revenues
shall include interest, dividends, or other income earned on
the foregoing.
TITLE IV--ENDANGERED AND THREATENED SPECIES HABITAT PROTECTION
SEC. 401. ENDANGERED AND THREATENED SPECIES RECOVERY FUND.
(a) Definitions.--As used in this section--
(1) the term ``recovery agreements'' means Endangered and
Threatened Species Recovery Agreements entered into by the
Secretary under subsection (e); and
(2) the term ``Secretary'' means the Secretary of the
Interior.
(b) Establishment.--There is established in the Treasury of
the United States a fund that shall be known as the
``Endangered and Threatened Species Recovery Fund'' (in this
section referred to as the ``fund''). There shall deposited
into the fund $50,000,000 in fiscal year 2001 and each fiscal
year thereafter from qualified Outer Continental Shelf
revenues (as that term is defined in section 2(u) of the
Outer Continental Shelf Lands Act (43 U.S.C. 1331(u)) (as
amended by the Coastal Stewardship Act of 2000)). Such moneys
shall be used only to carry out the purposes of this section.
(b) Expenditures.--Of the amounts in the fund, $50,000,000
shall be available each fiscal year to the Secretary of the
Interior for obligation or expenditure in accordance with
this section. Such funds shall be made available without
further appropriation, subject to the requirements of this
section, and shall remain available until expended.
(c) Financial Assistance.--(1) The Secretary of the
Interior may use amounts in the fund to provide financial
assistance to any person for the development of recovery
agreements.
(2) In providing assistance under this section, the
Secretary shall give priority to the development and
implementation of recovery agreements that--
(A) 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));
(B) have the greatest potential for contributing to the
recovery of an endangered or threatened species; and
(C) to the extent practicable, require the assistance of
private landowners or the owners or operators of family
farms.
(d) Prohibition of 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 the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.) or that is otherwise required under that Act or any
other Federal law.
(e) Endangered and Threatened Species Recovery
Agreements.--The Secretary is authorized to enter into
Endangered and threatened Species Recovery Agreements in
accordance with this section. The purpose of such recovery
agreements shall be to provide voluntary incentives for
landowners to take actions to contribute to the recovery of
endangered or threatened species. Each recovery agreement
shall--
(1) require the person--
(A) to carry out on real property owned or leased by such
person activities that are not otherwise required by law and
that contribute to the recovery of an endangered or
threatened species; and
(B) to refrain from carrying out on real property owned or
leased by such person otherwise lawful activities that would
inhibit
[[Page S1182]]
the recovery of a threatened or endangered species;
(2) describe the real property referred to in paragraph
(1);
(3) specify species recovery goals for the agreement and
measures for attaining such goals;
(4) establish a schedule for the implementation of the
recovery agreement; and
(5) specify how the recovery agreement will be monitored to
assess the effectiveness in attaining the species recovery
goals.
SPECIES V--HISTORIC PRESERVATION FUND
SEC. 501. HISTORIC PRESERVATION FUND AMENDMENTS.
Section 108 of the National Preservation Act (16 U.S.C.
470h) is amended--
(1) by inserting ``(a)'' before the first sentence of the
first paragraph;
(2) by inserting ``(b)'' before the first sentence of the
second paragraph;
(3) by adding at the end thereof the following new
subsections:
``(c) There shall be deposited into the fund $150,000,000
in fiscal year 2001 and each fiscal year thereafter from
qualified Outer Continental Shelf revenues (as that term is
defined in section 2(u) of the Outer Continental Shelf Lands
Act (43 U.S.C. 1331(u)) (as amended by the Coastal
Stewardship Act of 2000)). Such moneys shall be used only to
carry out the purposes of this Act.
``(d)(1) Of the amounts in the fund, $150,000,000 shall be
available each fiscal year for obligation or expenditure in
accordance with paragraph (2). Such funds shall be made
available without further appropriation, subject to the
requirements of this Act, and shall remain available until
expended.
``(2) Of the amounts made available each fiscal year--
``(A) not less than $75,000,000 shall be available for
State, local governmental, and tribal historic preservation
programs as provided in subsections 101(b), (c), and (d) of
this Act; and
``(B) $15,000,000 shall be available to the American
Battlefield Protection Program (section 604 of Public Law
104-333; 16 U.S.C. 469k) for the protection of threatened
battlefields; and
``(C) the remainder shall be available for the matching
grant programs authorized in section 101(e) of this Act:
Provided, That not less than 50 percent of the amounts made
available shall be used for preservation projects on historic
properties in accordance with this Act, with priority given
to the preservation of endangered historic properties.
``(e)(1) The President shall transmit, as part of the
annual budget proposal, a list of matching grant programs to
be funded and additional funding amounts, if any, for State,
local governmental, and tribal historic programs. Funds shall
be made available from the Historic Preservation Fund,
without further appropriation, 15 days after the date the
Congress adjourns sine die each year, for the programs
identified by the President to be funded, unless prior to
such date, legislation is enacted establishing funding, for
other specific programs authorized in this Act.
``(2) If the list of programs approved by Congress funds
less than the annual authorized funding amount, the remainder
shall be available for expenditure, without further
appropriation, in accordance with the list of programs
submitted by the President.
``(3) If the President recommends additional funding for
State, local government, or tribal historic preservation
programs, priority shall be given to the preservation of
endangered historic properties.''.
SEC. 502. AMERICAN BATTLEFIELD PROTECTION PROGRAM AMENDMENTS.
The American Battlefield Act of 1996 (section 604 of Public
Law 104-333; 16 U.S.C. 469k) is amended as follows:
(1) in subsection (c)(2) by adding the following sentence
at the end thereof; ``Priority for financial assistance for
the preservation of Civil War Battlefields shall be given to
sites identified as Priority 1 battlefields in the 1993
``Civil War Sites Advisory Commission Report on the Nation's
Civil War Battlefields'';
(2) by amending subsection (d) to read as follows:
``(d) Funding Authority.--Of amounts in the
Historic Preservation Fund, $15,000,000 shall be available
each year for obligation or expenditure for the protection
of threatened battlefields in accordance with this title.
Such funds shall be available without further
appropriation, and shall remain available until
expended.''.
(3) By repealing subsection (e) in its entirety.
TITLE VI--NATURAL RESOURCE RESTORATION PROGRAMS
SEC. 601. NATIONAL PARK SYSTEM RESOURCE PROTECTION.
(a) Establishment.--There is established in the Treasury of
the United States a fund that shall be known as the
``National Park System Resource Protection Fund'' (in this
title referred to as the ``fund''). There shall be deposited
into the fund $150,000,000 in fiscal year 2001 and each
fiscal year thereafter from qualified Outer Continental Shelf
revenues (as that term is defined in section 2(u) of the
Outer Continental Shelf Lands Act (43 U.S.C. 1331(u)) (as
amended by the Coastal and Marine Resources Enhancement Act
of 2000). Such moneys shall be used only to carry out the
purposes of this section.
(b) Expenditures.--(1) Of the amounts in the fund,
$150,000,000 shall be available each fiscal year to the
Secretary of the Interior for obligation or expenditure in
accordance with this section. Such funds shall be made
available without further appropriation, subject to the
requirements of this section, and shall remain available
until expended.
(2) Amounts in the fund shall only be used to protect
significant natural, cultural or historical resources at
units of the National Park System that are--
(A) threatened by activities occurring inside or outside
park boundaries; or
(B) in need of stabilization or restoration.
(3) The Secretary is authorized to enter into cooperative
agreements with State and local governments and other public
and private organizations to carry out the purposes of this
section.
(4) No funds made available by this section shall be used
for--
(A) acquisition of lands or interests therein;
(B) salaries of National Park Service permanent employees;
(C) construction of roads;
(D) construction of new visitor centers;
(E) routine maintenance activities; or
(F) specific projects which are funded by the Recreational
Fee Demonstration Program (section 315 of Public Law 104-134;
16 U.S.C. 460l (note)).
(5)(A) The Secretary of the Interior shall prepare, as part
of the annual budget proposal, a priority list for projects
to be funded under this section. Moneys shall be made
available from the fund, without further appropriation, 15
days after the date the Congress adjourns sine die each year,
for the projects identified on the priority list, unless
prior to such date, legislation is enacted establishing a
different priority list.
(B) In preparing the list of projects to be funded under
this section, the Secretary of the Interior shall give
priority to projects that--
(i) are identified in the park unit's general management
plan;
(ii) are included in authorized environmental restoration
projects; or
(iii) are identified by the Secretary of the Interior as
necessary to prevent immediate damage to a park unit's
natural, cultural, or historical resources.
(B) If Congress enacts legislation establishing an
alternate priority list, and such priority list funds less
than the annual authorized funding amount identified in
subjection (b)(1), the difference between the authorized
funding amount and the alternate priority list shall be
available for expenditure, without further appropriation, in
accordance with the priority list submitted by the Secretary
of the Interior.
SEC. 602. CORAL REEF RESOURCE CONSERVATION FUND.
(a) Establishment of Fund.--There is established in the
Treasury of the United States a fund that shall be known as
the ``Coral Reef Resources Restoration Fund'' (in this
section referred to as the ``fund''). There shall be
deposited into the fund $15,000,000 in fiscal year 2000 and
each fiscal year thereafter from qualified Outer Continental
Shelf revenues (as that term is defined in section 2 of the
Outer Continental Shelf Lands Act (43 U.S.C. 1331) (as
amended by the Coastal and Marine Resources Enhancement Act
of 1999)). Such moneys shall be used only to carry out the
purposes of this section.
(b) Expenditures.--(1) Of the amounts in this fund,
$15,000,000 shall be available each fiscal year to the
Secretary of the Interior for obligation or expenditure in
accordance with this section, and shall remain available
until expended.
(2)(A) the Secretary shall prepare, as part of the annual
budget proposal, a priority list for projects to be funded
under this section. Monies shall be made available from
the fund, without further appropriation, 15 days after the
date the Congress adjourns sine die for each year, for the
projects identified on that priority list, unless prior to
such date, legislation is enacted establishing a different
priority list.
(B) If Congress enacts legislation establishing an
alternate priority list, and such priority list funds less
than the annual authorized funding amount identified in
subsection (b)(1), the difference between the authorized
funding amount and the alternate priority list shall be
available for expenditure, without further appropriation, in
accordance with the priority list submitted by the Secretary.
(c) Definitions.--As used in this section--
(1) the term ``coral reef'' means species (including reef
plants and coralline algae), habitats, and other natural
resources associated with any reefs or shoals composed
primarily of corals within all maritime areas and zones
subject to the jurisdiction of the Secretary of the Interior,
including in the south Atlantic, Caribbean, Gulf of Mexico,
and Pacific Ocean;
(2) the term ``coral'' means species of the phylum
Cnidaria, including--
(A) all species of the orders Antipatharia (black corals),
Scleractinia (stony corals), Gorgonacea (horny corals),
Stlolnifea (organpipe corals and others), Alcyanacea (soft
corals), and Coenothecalia (blue corals), of the class
Anthozoa; and
(B) all species of the order Hydrocorallina (fire corals
and hydrocorals), of the class Hydroza;
(3) the term ``Secretary'' means the Secretary of the
Interior;
(4) the term ``coral reef conservation project'' means
activities that contribute to or result in preserving,
sustaining or enhancing coral reef ecosystems as healthy,
diverse and viable ecosystems, including--
[[Page S1183]]
(A) actions to enhance or improve resource management of
coral reefs, such as assessment, scientific research,
protection, restoration and mapping;
(B) habitat monitoring and species surveys and monitoring;
(C) activities necessary for planning and development of
strategies for coral reef management;
(D) Community outreach and education on coral reef
importance and conservation; and
(E) activities in support of the enforcement of laws
relating to coral reefs; and
(5) the term ``coral reef task force'' means the task force
established under Executive Order 13089 (June 11, 1998).
(d) Coral Reef Conservation Program.--(1) The Secretary
shall provide grants of financial assistance for coral reef
conservation projects on areas under the jurisdiction of the
Department of the Interior in accordance with this section.
(2)(A) Except as provided in subparagraph (B), Federal
funds for any coral reef conservation project under this
section may not exceed 75 percent of the total cost of such
project. For purposes of this paragraph, the non-Federal
share of project costs may be provided by in-kind
contributions or other non-cash support.
(B) The Secretary may waive all or part of the matching
fund requirement under paragraph (A) if the project costs are
$25,000 or less.
(3) Any relevant natural resource management authority of a
State or territory of the United States, or other government
authority with jurisdiction over coral reefs or whose
activities affect coral reefs, or educational or non-
governmental institutions or organizations with demonstrated
expertise in marine science or the conservation of coral
reefs, may submit a proposal for funding to the Secretary.
(4) The Secretary shall ensure that financial assistance
provided under subsection (a) is distributed so that--
(A) not less than 40 percent of the funds available are
awarded for conservation projects in the Pacific Ocean;
(B) not less than 40 percent of the funds are awarded for
coral reef restoration and conservation projects in the
Atlantic, Gulf of Mexico and Caribbean Sea; and
(C) remaining funds are awarded for coral reef project that
address emerging priorities or threats identified by the
Secretary in consultation with the Coral Reef Task Force.
(5) After consultation with the Coral Reef Task Force,
States and territories, regional and local entities, and non-
governmental organizations involved in coral and marine
conservation, the Secretary shall identify--
(A) site-specific threats and constraints, and
(B) comprehensive threats known to affect coral reef
ecosystems in the national parks, refuges, territories and
possessions to be used in establishing funding priorities for
grants issued under subsection (a).
(6) The Secretary shall review and rank final coral reef
conservation project proposals according to the criteria set
out in subsection (d)(7).
(A) For projects costing $25,000 or greater, the Secretary
shall provide for the merit-based peer review of the proposal
and require standardized documentation of that peer review.
(B) As part of the peer review process for individual
grants, the Secretary shall also request written comments
from the appropriate bureaus or departments of State or
territorial governments, or other governmental jurisdiction,
where the project is proposed to be conducted.
(7) The Secretary shall evaluate final project proposals
based on the degree to which the project will--
(A) promote the long-term protection, conservation,
restoration or enhancement of coral reef ecosystems within or
adjoining areas under the jurisdiction of the Department of
the Interior;
(B) promote cooperative conservation projects with local
communities, non-governmental organizations, educational or
private institutions; or local affected governments,
territories or insular areas;
(C) enhance public knowledge and awareness of coral reef
resources and sustainable use through education and outreach;
(D) develop sound scientific information on the condition
of coral reef ecosystems or the threats to such ecosystems,
through mapping, monitoring, research and analysis; and
(E) enhance compliance with laws relating to coral reefs.
(8) Within 180 days after the enactment of this Act, the
Secretary shall promulgate guidelines and requirements for
implementing this section, including the requirements for
project proposals.
(A) In developing guidelines and requirements, the
Secretary shall consult with the Coral Reef Task Force,
interested States, regional and local entities, and non-
governmental organizations.
TITLE VII--URBAN PARK AND FORESTRY PROGRAMS
SEC. 701. URBAN PARK AND RECREATION RECOVERY FUND.
Section 1013 of the Urban Park and Recreation Recovery Act
of 1978 (Title X of Public Law 95-625; 16 U.S.C. 2512) is
amended to read as follows:
``(a) There is established in the Treasury of the United
States a fund that shall be known as the `Urban Park and
Recreation Recovery Fund' (referred to as the `fund'). There
shall be deposited into the fund $75,000,000 in fiscal year
2001 and each fiscal year thereafter from qualified Outer
Continental Shelf revenues (as that term is defined in
section 2(u) of the Outer Continental Shelf Lands Act (43
U.S.C. 1331(u)) (as amended by the Coastal Stewardship Act of
2000)). Such moneys shall be used only to carry out the
purposes of this Act.
``(b)(1) Of the amounts in the fund, $75,000,000 shall be
available each fiscal year for obligation or expenditure in
accordance with this Act. Such funds shall be made available
without further appropriation, subject to the requirements of
this Act, and shall remain available until expended.
``(2) Not more than 3 percent of the funds made available
in any fiscal year may be used for grants for the development
of local park and recreation recovery programs pursuant to
subsection 1007(a) and (c) of this Act.
``(3) Not more than 10 percent of the funds made available
in any fiscal year may be used for innovation grants pursuant
to section 1006 of this act.
``(4) Note more than 15 percent of the funds made available
in any fiscal year may be provided as grants, in the
aggregate, for projects in any one State.''.
SEC. 702. URBAN AND COMMUNITY FORESTRY ASSISTANCE FUND.
Section 9(i) of the Cooperative Forestry Assistance Act of
1978 (Public Law 95-313; 16 U.S.C. 2101(note)) is amended to
read as follows:
``(a) There is established in the Treasury of the United
States a fund that shall be known as the `Urban and Community
Forestry Assistance Fund' (referred to as the `fund'). There
shall be deposited into the fund $50,000,000 in fiscal year
2001 and each fiscal year thereafter from qualified Outer
Continental Shelf revenues (as that term is defined in
section 2(u) of the Outer Continental Shelf Lands Act (43
U.S.C. 1331(u)) (as amended by the Coastal Stewardship Act of
2000)). Such moneys shall be used only to carry out the
purposes of this Act.
``(b) Of the amounts in the fund, $50,000,000 shall be
available each fiscal year for obligation or expenditure in
accordance with this Act. Such funds shall be made available
without further appropriation, subject to the requirements of
this Act, and shall remain available until expended.''.
TITLE VIII--CONSERVATION EASEMENTS
SEC. 801. FOREST LEGACY FUND.
Section 7(l) of the Cooperative Forestry Assistance Act of
1978 (Public Law 95-313; 16 U.S.C. 2010 (note)) is amended to
read as follows:
``(a) There is established in the Treasury of the United
States a fund that shall be known as the `Forest Legacy Fund'
(referred to as the `fund'). There shall be deposited into
the fund $50,000,000 in fiscal year 2001 and each fiscal year
thereafter from qualified Outer Continental Shelf revenues
(as that term is defined in section 2(u) of the Outer
Continental Shelf Lands Act (43 U.S.C. 1331(u)) (as amended
by the Coastal Stewardship Act of 2000)). Such moneys shall
be used only to carry out the purposes of this Act.
``(b) Of the amounts in the fund, $50,000,000 shall be
available each fiscal year to the Secretary of Agriculture
for obligation or expenditure in accordance with this Act.
Such funds shall be made available without further
appropriation, subject to the requirements of this Act, and
shall remain available until expended.''.
SEC. 802. FARMLAND PROTECTION PROGRAM.
Section 388(c) of Public Law 104-127 (16 U.S.C. 3831
(note)) is amended to read as follows:
``(a) There is established in the Treasury of the United
States a fund that shall be known as the `Farmland Protection
Fund' (referred to as the `fund'). There shall be deposited
into the fund $50,000,000 in fiscal year 2001 and each fiscal
year thereafter from qualified Outer Continental Shelf
revenues (as that term is defined in section 2(u) of the
Outer Continental Shelf Lands Act (43 U.S.C. 1331(u)) (as
amended by the Coastal Stewardship Act of 2000)). Such moneys
shall be used only to carry out the purposes of this Act.
``(b) Of the amounts in the fund, $50,000,000 shall be
available each fiscal year to the Secretary of Agriculture
for obligation or expenditure in accordance with this Act.
Such funds shall be made available without further
appropriation, subject to the requirements of this Act, and
shall remain available until expended.''.
SEC. 803. RANCHLAND PROTECTION.
(a) Establishment of Ranchland Protection Fund.--There is
established in the Treasury of the United States a fund that
shall be known as the ``Ranchland Protection Fund'' (in this
section referred to as the ``fund''). There shall be
deposited into the fund $50,000,000 in fiscal year 2001 and
each fiscal year thereafter from qualified Outer Continental
Shelf revenues (as that term is defined in section 2(u) of
the Outer Continental Shelf Lands Act (43 U.S.C. 1331(u)) (as
amended by the Coastal Stewardship Act of 2000)). Such moneys
shall be used only to carry out the purposes of this section.
(b) Expenditures.--Of the amounts in the fund, $50,000,000
shall be available each fiscal year to the Secretary of the
Interior for obligation or expenditure in accordance with
this section. Such funds shall be made available without
further appropriation, subject to the requirements of this
section, and shall remain available until expended.
(c) Ranchland Protection Program.--(1) The Secretary of the
Interior shall establish and carry out a program, to be known
as the ``Ranchland Protection Program'', under
[[Page S1184]]
which the Secretary shall provide grants from the Ranchland
Protection Fund to State or local governmental agencies,
Indian tribes or appropriate non-profit organizations to
provide the Federal share of the cost of purchasing permanent
conservation easements on ranchland, for the purpose of
protecting the continued use of the land as ranchland or open
space and preventing its conversion to non-agricultural or
open space uses.
(2) No funds made available under this section may be used
to acquire any interest in land without the consent of the
owner thereof.
(3) The holder of a conservation easement described in
paragraph (1) may enforce the conservation requirements of
the easement.
(4) Prior to making funds available for a grant under this
section, the Secretary of the Interior shall receive
certification from the Attorney General of the State in which
the conservation easement is to be purchased that the
conservation easement is in a form that is sufficient, under
the laws of that State, to achieve the purpose of the
Ranchland Protection Program and the terms and conditions of
the grant.
(5) For the purposes of this section, the term ``ranch
land'' means private or tribally owned range land, pasture
land, grazed forest land, and hay land.
TITLE IX--NATURAL RESOURCE COMMUNITY INVESTMENT PROGRAMS
SEC. 901. YOUTH CONSERVATION CORPS FUND.
Section 106 of the Youth Conservation Corps Act of 1970
(Public Law 91-378; 16 U.S.C. 1706) is amended to read as
follows:
``(a) There is established in the Treasury of the United
States a fund that shall be known as the `Youth Conservation
Corps Fund' (in this section referred to as the `fund').
There shall be deposited into the fund $60,000,000 in fiscal
year 2001 and each fiscal year thereafter from qualified
Outer Continental Shelf revenues (as that term is defined in
section 2(u) of the Outer Continental Shelf Lands Act (43
U.S.C. 1331(u)) (as amended by the Coastal Stewardship Act of
2000)). Such moneys shall be used only to carry out the
purposes of title I and II of this Act.
``(b) Of the amounts in the fund, $60,000,000 shall be
available each fiscal year for obligation or expenditure in
accordance with titles I and II of this Act. Such funds shall
be made available to the Secretary of Agriculture and the
Secretary of the Interior, without further appropriation,
subject to the requirements of titles I and II of this Act,
and shall remain available until expended.''.
SEC. 902. FOREST SERVICE RURAL COMMUNITY ASSISTANCE.
(a) Rural Development Program.--The Cooperative Forestry
Assistance Act of 1978 (Public Law 95-313; 16 U.S.C. 2101
(note)) is amended by adding the following new section:
``SEC. 21. RURAL DEVELOPMENT.
``(a) The Secretary shall conduct a Rural Development
program to provide technical assistance to rural communities
for sustainable rural development purposes.
``(b) There is established in the Treasury of the United
States a fund that shall be known as the `Forest Service
Rural Development Fund' (in this section referred to as the
`fund'). There shall be deposited into the fund $25,000,000
in fiscal year 2001 and each fiscal year thereafter from
qualified Outer Continental Shelf revenues (as that term is
defined in section 2(u) of the Outer Continental Shelf Lands
Act (43 U.S.C. 1331(u)) (as amended by the Coastal
Stewardship Act of 2000)). Such moneys shall be used only to
carry out the purposes of this Act.
``(c) Of the amounts in the fund, $25,000,000 shall be
available each fiscal year to the Secretary of Agriculture
for obligation or expenditure in accordance with this Act.
Such funds shall be made available without further
appropriation, subject to the requirements of this section,
and shall remain available until expended.''.
(b) Rural Community Assistance.--Section 2379 of the
National Forest-Dependent Rural Communities Economic
Diversification Act (Public Law 101-624, 7 U.S.C. 6601
(note)) is amended to read as follows:
``(a) There is established in the Treasury of the United
States a fund that shall be known as the `Forest Service
Rural Community Assistance Fund' (in this section referred to
as the `fund'). There shall be deposited into the fund
$25,000,000 in fiscal year 2001 and each fiscal year
thereafter from qualified Outer Continental Shelf revenues
(as that term is defined in section 2(u) of the Outer
Continental Shelf Lands Act (43 U.S.C. 1331(u)) (as amended
by the Coastal Stewardship Act of 2000)). Such moneys shall
be used only to carry out the purposes of this Act.
``(b) Of the amounts in the fund, $25,000,000 shall be
available each fiscal year for obligation or expenditure in
accordance with this Act. Such funds shall be made available
without further appropriation, subject to the requirements of
this Act, and shall remain available until expended.''.
TITLE X--PAYMENT IN LIEU OF TAXES
SEC. 1001. PAYMENT IN LIEU OF TAXES.
Section 6906 of title 31, United States Code, (96 Stat.
1035) is amended to read as follows:
``(a) There is established in the Treasury of the United
States a fund that shall be known as the `Payment in Lieu of
Taxes Fund' (referred to as the `fund'). There shall be
deposited into the fund in fiscal year 2001 and thereafter
from qualified Outer Continental Shelf revenues (as that term
is defined in section 2(u) of the Outer Continental Shelf
Lands Act (43 U.S.C. 1331(u)) (as amended by the Coastal
Stewardship Act of 2000)) such moneys as are necessary to
full fund payments to units of general local governments as
provided in this Act.
``(b) Amounts in the fund shall be available each fiscal
year to the Secretary of the Interior for obligation or
expenditure in accordance with this Act. Such funds shall be
made available without further appropriation, and shall
remain available until expended.''.
______
By Mr. GRASSLEY:
S. 2182. A bill to reduce, suspend, or terminate any assistance under
the Foreign Assistance Act of 1961 and the Arms Export Control Act to
each country determined by the President to be engaged in oil price
fixing to the detriment of the United States economy, and for other
purposes; to the committee on Foreign Relations.
Oil Price Reduction Act of 2000
Mr. GRASSLEY. Mr. President, today I introduced a companion piece of
legislation to H.R. 3822, the Oil Price Reduction Act of 2000. This
bill will help to address the problems our constituencies are
experiencing throughout the nation due to climbing fuel prices.
Last weekend I traveled back to my home and held a briefing near Des
Moines to explain to my constituents that prices will likely rise
significantly past current levels. I had the displeasure of looking
truckers and farmers in the eye and telling them there is no relief in
sight. In my home state we are experiencing price levels not seen in
almost a decade, but all I could tell them was that it is going to get
worse.
Many of my colleagues know the cold, hard truth of the matter. When
the Organization of Petroleum Exporting Countries (OPEC) finally makes
a substantive, definitive decision to increase oil production, it will
still most likely take 60 days before adequate levels of fuel can be
distributed throughout the U.S. That means if the OPEC Cartel decided
to remedy the harm they have imposed on the American consumer today, we
are still at least six weeks away from witnessing the peak in the price
increase. We could very well see $2 per gallon gasoline by May and that
is not acceptable.
Iowans and the rest of the nation should not have been subjected to
this price spike. The monopolistic production controls promulgated by
OPEC in March of 1999 should have been challenged by our administration
upon establishment, not when we finally felt the pinch.
In addition, the Administration's energy policy is an aberration.
This crisis only accentuates the problem with relying on foreign energy
instead of expanding domestic opportunities. Since 1992, U.S. oil
production is down 17% while consumption has risen 14%. We now import
56% of our oil and that number is growing rapidly. DOE predicts that by
2020 we will import 65% of our oil. Guess which country has benefited
the most from the Administration's energy policy? As unbelievable as
this seems it's Iraq. Saddam Hussein's Iraq. Iraq is now our fastest
growing source for oil. How can we be administering a policy that
strengthens this dictator's grip on our economy and the Middle East?
The bill I introduced today would require the President of the United
States to cut off foreign aid and arms sales to countries engaged in
oil price fixing.
Specifically, the legislation would require the President to send a
report to Congress, within 30 days of enactment, detailing the U.S.
security relationship with each OPEC member and any other major oil
exporting country; assistance programs and government-supported arms
sales provided to those countries; and his determination regarding the
extent each country is engaged in oil price fixing and whether such
price fixing is detrimental to the U.S. economy.
The bill would then require the President to reduce, terminate or
suspend any assistance or arms sales to the country or countries
determined to be fixing oil prices.
In addition, the legislation would require the President to submit a
report to Congress 90 days after enactment describing the diplomatic
efforts by the U.S. to convince all major net oil exporting countries
that current price levels are unsustainable and will cause widespread
economic harm in oil consuming and developing nations.
Even if the production quotas put in place last year are lifted, low
reserves
[[Page S1185]]
may continue to plunder American consumers and farmers during the busy
summer vacation and planting seasons. The Clinton administration was
caught off-guard this year without much of an energy policy. Now, the
President needs to exercise his authority to help solve the problem,
which is going to get worse before it gets better.
______
By Mr. CRAPO (for himself, Ms. Collins, Mr. Akaka, Mr. Smith of
New Hampshire, Ms. Snowe, and Mrs. Lincoln):
S. 2183. A bill to ensure the availability of spectrum to amateur
radio operators; to the Committee on Commerce, Science, and
Transportation.
THE AMATEUR RADIO SPECTRUM PROTECTION ACT
Mr. CRAPO. Mr. President, I rise to introduce the Amateur Radio
Spectrum Protection Act of 2000. This bill would help preserve the
amount of radio spectrum allocated to the Amateur Radio Service during
this era of dramatic change in our telecommunications system. I am
pleased to introduce this bipartisan measure with my colleagues,
Senator Collins, Senator Akaka, Senator Bob Smith, Senator Snowe, and
Senator Lincoln.
Organized radio amateurs, more commonly known as ``ham'' operators,
through formal agreements with the Federal Emergency Management Agency,
the National Weather Service, the Red Cross, the Salvation Army, and
other government and private relief services, provide emergency
communication when regular channels are disrupted by disaster. In
Idaho, these trained volunteers have performed tasks as various as
helping to rescue stranded back-country hikers, organizing cleanup
efforts after the Payette River flooded, and helping the Forest Service
communicate during major forest fires. In other communities, they may
be found monitoring tornado touchdowns in the Midwest, helping
authorities reestablish communication after a hurricane in the Gulf or
sending ``health and welfare'' messages following an earthquake on the
West Coast. Not only do they provide these services using their own
equipment and without compensation, but they also give their personal
time to participate in regular organized training exercises.
In addition to emergency communication, amateur radio enthusiasts use
their spectrum allocations to experiment with and develop new circuitry
and techniques for increasing the effectiveness of the precious natural
resource of radio spectrum for all Americans. Much of the electronic
technology we now take for granted is rooted in amateur radio
experimentation. Moreover, amateur radio has long provided the first
technical training for youngsters who grow up to be America's
scientists and engineers.
The Balanced Budget Act of 1997 requires the Federal Communications
Commission (FCC) to conduct spectrum auctions to raise revenues. Some
of that revenue may come from the auction of current amateur radio
spectrum. This bill simply requires the FCC to provide the Amateur
Radio Service with equivalent replacement spectrum if it reallocates
and auctions any of the Service's current spectrum.
The Amateur Radio Spectrum Protection Act of 2000 will protect these
vital functions while also maintaining the flexibility of the FCC to
manage the nation's telecommunications infrastructure effectively. It
will not interfere with the ability of commercial telecommunications
services to seek the spectrum allocations they require. I ask my
colleagues to join the more than 670,000 U.S. licensed radio amateurs
in supporting this measure and welcome their co-sponsorship.
____________________