[Congressional Record Volume 146, Number 58 (Thursday, May 11, 2000)]
[House]
[Pages H2907-H2952]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




               CONSERVATION AND REINVESTMENT ACT OF 1999

  The SPEAKER. Pursuant to House Resolution 497 and rule XVIII, the 
Chair declares the House in the Committee of the Whole House on the 
State of the Union for the further consideration of the bill, H.R. 701.

                              {time}  1006


                     In the Committee of the Whole

  Accordingly, the House resolved itself into the Committee of the 
Whole House on the State of the Union for the further consideration of 
the bill (H.R. 701) to provide Outer Continental Shelf Impact 
Assistance to State and local governments, to amend the Land and Water 
Conservation Fund Act of 1965, the Urban Park and Recreation Recovery 
Act of 1978, and the Federal Aid in Wildlife Restoration Act (commonly 
referred to as the Pittman-Robertson Act) to establish a fund to meet 
the outdoor conservation and recreation needs of the American people, 
and for other purposes, with Mr. LaTourette (Chairman pro tempore) in 
the chair.
  The Clerk read the title of the bill.
  The CHAIRMAN pro tempore. When the Committee of the Whole rose on the 
legislative day of Wednesday, May 10, 2000, amendment No. 18, printed 
in House Report 106-612, by the gentleman

[[Page H2908]]

from Wisconsin (Mr. Kind) had been withdrawn.


          Sequential Votes Postponed in Committee of the Whole

  The CHAIRMAN pro tempore. Pursuant to House Resolution 497, 
proceedings will now resume on those amendments on which further 
proceedings were postponed, in the following order:
  Amendment No. 9 offered by the gentleman from Pennsylvania (Mr. 
Peterson); amendment No. 10 offered by the gentleman from Georgia (Mr. 
Chambliss); amendment No. 11 offered by the gentlewoman from Idaho 
(Mrs. Chenoweth-Hage); amendment No. 12 offered by the gentleman from 
Washington (Mr. Hastings); amendment No. 13 offered by the gentleman 
from New York (Mr. Sweeney); and amendment No. 14 offered by the 
gentleman from Idaho (Mr. Simpson).
  The Chair will reduce to 5 minutes the time for any electronic vote 
after the first vote in this series.


        Amendment No. 9 Offered by Mr. Peterson of Pennsylvania

  The CHAIRMAN pro tempore. The unfinished business is the demand for a 
recorded vote on the amendment offered by the gentleman from 
Pennsylvania (Mr. Peterson) on which further proceedings were postponed 
and on which the ayes prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The text of the amendment is as follows:

       Amendment No. 9 offered by Mr. Peterson of Pennsylvania:
       Page 18, after line 15, insert the following:

     SEC.   . FEDERAL ACQUISITION OF LANDS ONLY WITHIN DESIGNATED 
                   BOUNDARIES.

       Notwithstanding any other provision of this Act, the 
     amendments made by this Act, or any other provision of law, 
     amounts made available by this Act (including the amendments 
     made by this Act) may not be used for any acquisition by the 
     Federal Government of an interest in lands except lands 
     located within exterior boundaries designated before the date 
     of the enactment of this Act of an area designated by or 
     under Federal law for a particular conservation or recreation 
     use, including lands within such boundaries of a unit of--
       (1) the National Park System;
       (2) the National Wilderness Preservation System;
       (3) the National Wildlife Refuge System;
       (4) the National Forest System;
       (5) the national system of trails established by the 
     National Trails System Act (16 U.S.C. 1241 et seq.);
       (6) federally administered components of the National Wild 
     and Scenic Rivers System; or
       (7) national recreation areas administered by the Secretary 
     of Agriculture.


                             Recorded Vote

  The CHAIRMAN pro tempore. A recorded vote has been demanded.
  A recorded vote was ordered.
  The vote was taken by electronic device, and there were--ayes 108, 
noes 310, not voting 16, as follows:

                             [Roll No. 166]

                               AYES--108

     Aderholt
     Archer
     Armey
     Ballenger
     Barr
     Barrett (NE)
     Bartlett
     Barton
     Berry
     Bliley
     Blunt
     Boehner
     Bonilla
     Brady (TX)
     Buyer
     Cannon
     Chabot
     Chenoweth-Hage
     Coburn
     Collins
     Combest
     Cook
     Cubin
     DeLay
     DeMint
     Dickey
     Doolittle
     Duncan
     Emerson
     Everett
     Fossella
     Gekas
     Gibbons
     Goode
     Goodlatte
     Goodling
     Gordon
     Graham
     Granger
     Hastings (WA)
     Hayworth
     Herger
     Hill (MT)
     Hilleary
     Hobson
     Hostettler
     Hulshof
     Hutchinson
     Istook
     Johnson, Sam
     King (NY)
     Kingston
     Knollenberg
     LaHood
     Largent
     Latham
     Lewis (CA)
     Linder
     Manzullo
     McKeon
     Miller, Gary
     Myrick
     Nethercutt
     Ney
     Norwood
     Nussle
     Ose
     Oxley
     Paul
     Peterson (PA)
     Petri
     Pitts
     Pombo
     Pryce (OH)
     Radanovich
     Regula
     Reynolds
     Riley
     Rohrabacher
     Royce
     Ryan (WI)
     Ryun (KS)
     Salmon
     Sanford
     Schaffer
     Sensenbrenner
     Sessions
     Shadegg
     Shimkus
     Shuster
     Simpson
     Smith (TX)
     Stearns
     Stenholm
     Stump
     Sununu
     Sweeney
     Terry
     Thomas
     Thornberry
     Tiahrt
     Toomey
     Walden
     Watkins
     Watts (OK)
     Weldon (FL)
     Wicker
     Young (FL)

                               NOES--310

     Abercrombie
     Ackerman
     Allen
     Andrews
     Baca
     Bachus
     Baird
     Baker
     Baldacci
     Baldwin
     Barcia
     Barrett (WI)
     Bass
     Bateman
     Becerra
     Bentsen
     Bereuter
     Berkley
     Berman
     Biggert
     Bilbray
     Bilirakis
     Bishop
     Blagojevich
     Blumenauer
     Boehlert
     Bonior
     Bono
     Borski
     Boswell
     Boucher
     Boyd
     Brady (PA)
     Brown (FL)
     Brown (OH)
     Bryant
     Burr
     Callahan
     Calvert
     Camp
     Canady
     Capps
     Capuano
     Cardin
     Carson
     Castle
     Chambliss
     Clay
     Clayton
     Clement
     Clyburn
     Condit
     Conyers
     Cooksey
     Costello
     Cox
     Coyne
     Cramer
     Crane
     Crowley
     Cunningham
     Danner
     Davis (FL)
     Davis (IL)
     Davis (VA)
     Deal
     DeFazio
     Delahunt
     DeLauro
     Deutsch
     Diaz-Balart
     Dicks
     Dingell
     Dixon
     Doggett
     Dooley
     Doyle
     Dreier
     Dunn
     Edwards
     Ehlers
     Ehrlich
     Engel
     English
     Eshoo
     Etheridge
     Evans
     Ewing
     Farr
     Fattah
     Filner
     Fletcher
     Foley
     Forbes
     Ford
     Fowler
     Frank (MA)
     Franks (NJ)
     Frelinghuysen
     Frost
     Gallegly
     Ganske
     Gejdenson
     Gephardt
     Gilchrest
     Gillmor
     Gilman
     Gonzalez
     Goss
     Green (TX)
     Green (WI)
     Greenwood
     Gutierrez
     Gutknecht
     Hall (OH)
     Hall (TX)
     Hansen
     Hastings (FL)
     Hayes
     Hefley
     Hill (IN)
     Hilliard
     Hinchey
     Hinojosa
     Hoeffel
     Hoekstra
     Holden
     Holt
     Hooley
     Horn
     Houghton
     Hoyer
     Hyde
     Inslee
     Isakson
     Jackson (IL)
     Jackson-Lee (TX)
     Jenkins
     John
     Johnson (CT)
     Johnson, E. B.
     Jones (NC)
     Jones (OH)
     Kanjorski
     Kaptur
     Kelly
     Kennedy
     Kildee
     Kilpatrick
     Kind (WI)
     Kleczka
     Klink
     Kolbe
     Kucinich
     Kuykendall
     LaFalce
     Lampson
     Lantos
     Larson
     LaTourette
     Lazio
     Leach
     Lee
     Levin
     Lewis (GA)
     Lewis (KY)
     Lipinski
     LoBiondo
     Lowey
     Lucas (KY)
     Luther
     Maloney (CT)
     Maloney (NY)
     Markey
     Martinez
     Mascara
     Matsui
     McCarthy (MO)
     McCarthy (NY)
     McCollum
     McCrery
     McDermott
     McGovern
     McHugh
     McInnis
     McIntosh
     McIntyre
     McKinney
     McNulty
     Meehan
     Meek (FL)
     Meeks (NY)
     Menendez
     Metcalf
     Mica
     Millender-McDonald
     Miller (FL)
     Miller, George
     Minge
     Mink
     Moakley
     Mollohan
     Moore
     Moran (KS)
     Moran (VA)
     Morella
     Murtha
     Nadler
     Napolitano
     Neal
     Northup
     Oberstar
     Obey
     Olver
     Ortiz
     Owens
     Packard
     Pallone
     Pascrell
     Pastor
     Payne
     Pease
     Pelosi
     Peterson (MN)
     Phelps
     Pickering
     Pickett
     Pomeroy
     Porter
     Portman
     Price (NC)
     Quinn
     Rahall
     Ramstad
     Rangel
     Reyes
     Rivers
     Rodriguez
     Roemer
     Rogan
     Rogers
     Ros-Lehtinen
     Rothman
     Roukema
     Roybal-Allard
     Rush
     Sabo
     Sanchez
     Sanders
     Sandlin
     Sawyer
     Saxton
     Scarborough
     Schakowsky
     Scott
     Serrano
     Shaw
     Shays
     Sherman
     Shows
     Sisisky
     Skeen
     Slaughter
     Smith (MI)
     Smith (NJ)
     Smith (WA)
     Snyder
     Souder
     Spratt
     Stabenow
     Stark
     Strickland
     Stupak
     Talent
     Tancredo
     Tanner
     Tauscher
     Tauzin
     Taylor (MS)
     Taylor (NC)
     Thompson (CA)
     Thune
     Thurman
     Tierney
     Towns
     Traficant
     Turner
     Udall (CO)
     Udall (NM)
     Upton
     Velazquez
     Vento
     Visclosky
     Vitter
     Walsh
     Wamp
     Waters
     Watt (NC)
     Waxman
     Weiner
     Weller
     Wexler
     Weygand
     Whitfield
     Wilson
     Wolf
     Woolsey
     Wu
     Wynn
     Young (AK)

                             NOT VOTING--16

     Burton
     Campbell
     Coble
     Cummings
     DeGette
     Hunter
     Jefferson
     Kasich
     Lofgren
     Lucas (OK)
     Sherwood
     Skelton
     Spence
     Thompson (MS)
     Weldon (PA)
     Wise

                              {time}  1029

  Mrs. MALONEY of New York, Mrs. NORTHUP, and Messrs. TRAFICANT, 
HOEFFEL, CHAMBLISS, BATEMAN, TANCREDO, McHUGH, SKEEN, and ROTHMAN 
changed their vote from ``aye'' to ``no.''
  So the amendment was rejected.
  The result of the vote was announced as above recorded.
  Stated for:
  Mr. BURTON of Indiana. Mr. Chairman, I was unavoidably detained for 
rollcall No. 166. Had I been present, I would have voted ``aye.''


                Announcement by the Chairman Pro Tempore

  The CHAIRMAN pro tempore (Mr. LaTourette). Pursuant to House 
Resolution 497, the Chair announces that he will reduce to a minimum of 
5 minutes the period of time within which a vote by electronic device 
will be taken on each amendment on which the Chair has postponed 
further proceedings.


               Amendment No. 10 Offered by Mr. Chambliss

  The CHAIRMAN pro tempore. The unfinished business is the demand for a 
recorded vote on the amendment offered by the gentleman from Georgia 
(Mr. Chambliss) on which further proceedings were postponed and on 
which the noes prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The text of the amendment is as follows:


[[Page H2909]]


       Amendment No. 10 offered by Mr. Chambliss:
       Page 19, line 3, strike ``without further appropriation'' 
     and insert ``subject to appropriations for fiscal years 
     before fiscal year 2006 and without further appropriation for 
     fiscal year 2006 and each fiscal year thereafter''.
       Page 30, line 12, strike ``without further appropriation'' 
     and insert ``, subject to appropriations for fiscal years 
     before fiscal year 2006 and without further appropriation for 
     fiscal year 2006 and each fiscal year thereafter''.
       Page 48, line 8, strike ``without further appropriation, in 
     each fiscal year'' and insert ``, subject to appropriations 
     for fiscal years before fiscal year 2006 and without further 
     appropriation for fiscal year 2006 and each fiscal year 
     thereafter''.
       Page 56, line 6, strike ``without further appropriation'' 
     and insert ``, subject to appropriations for fiscal years 
     before fiscal year 2006 and without further appropriation for 
     fiscal year 2006 and each fiscal year thereafter,''.
       Page 63, line 5, strike ``without further appropriation'' 
     and insert ``, subject to appropriations for fiscal years 
     before fiscal year 2006 and without further appropriation for 
     fiscal year 2006 and each fiscal year thereafter''.
       Page 64, line 17, strike ``without further appropriation'' 
     and insert ``subject to appropriations for fiscal years 
     before fiscal year 2005 and without further appropriation for 
     fiscal year 2005 and each fiscal year thereafter''.
       Page 70, line 10, strike ``without further appropriation'' 
     and insert ``subject to appropriations for fiscal years 
     before fiscal year 2006 and without further appropriation for 
     fiscal year 2006 and each fiscal year thereafter''.
       Page 71, line 20, strike ``without further appropriation'' 
     and insert ``, subject to appropriations for fiscal years 
     before fiscal year 2006 and without further appropriation for 
     fiscal year 2006 and each fiscal year thereafter''.


                             Recorded Vote

  The CHAIRMAN pro tempore. A recorded vote has been demanded.
  A recorded vote was ordered.
  The CHAIRMAN pro tempore. This will be a 5-minute vote.
  The vote was taken by electronic device, and there were--ayes 142, 
noes 281, not voting 11, as follows:

                             [Roll No. 167]

                               AYES--142

     Archer
     Armey
     Ballenger
     Barr
     Barrett (NE)
     Bartlett
     Barton
     Berry
     Bliley
     Blunt
     Boehner
     Bonilla
     Brady (TX)
     Burton
     Calvert
     Cannon
     Chabot
     Chambliss
     Chenoweth-Hage
     Coburn
     Collins
     Combest
     Cook
     Cox
     Cubin
     Cunningham
     Deal
     DeLay
     DeMint
     Dickey
     Dicks
     Dixon
     Doggett
     Doolittle
     Duncan
     Emerson
     Ewing
     Gekas
     Gibbons
     Goode
     Goodlatte
     Goodling
     Goss
     Graham
     Granger
     Hall (TX)
     Hansen
     Hastings (WA)
     Hayworth
     Hefley
     Herger
     Hill (MT)
     Hilleary
     Hobson
     Hoekstra
     Hostettler
     Hoyer
     Hulshof
     Hutchinson
     Isakson
     Istook
     Jackson (IL)
     Johnson, Sam
     Jones (NC)
     Kasich
     Kingston
     Knollenberg
     Kolbe
     LaHood
     Largent
     Latham
     LaTourette
     Lewis (CA)
     Linder
     Luther
     Manzullo
     McKeon
     Miller (FL)
     Miller, Gary
     Minge
     Mollohan
     Moran (KS)
     Moran (VA)
     Murtha
     Myrick
     Nethercutt
     Ney
     Northup
     Norwood
     Nussle
     Obey
     Ose
     Oxley
     Packard
     Paul
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Pombo
     Portman
     Pryce (OH)
     Radanovich
     Regula
     Rogers
     Rohrabacher
     Roybal-Allard
     Royce
     Ryan (WI)
     Ryun (KS)
     Sabo
     Salmon
     Sanford
     Scarborough
     Schaffer
     Sensenbrenner
     Sessions
     Shadegg
     Shows
     Simpson
     Skeen
     Smith (MI)
     Smith (TX)
     Spence
     Stearns
     Stenholm
     Stump
     Sununu
     Talent
     Tancredo
     Taylor (NC)
     Thornberry
     Tiahrt
     Toomey
     Walden
     Wamp
     Watkins
     Watts (OK)
     Weldon (FL)
     Wicker
     Wolf
     Young (FL)

                               NOES--281

     Abercrombie
     Ackerman
     Aderholt
     Allen
     Andrews
     Baca
     Bachus
     Baird
     Baker
     Baldacci
     Baldwin
     Barcia
     Barrett (WI)
     Bass
     Bateman
     Becerra
     Bentsen
     Bereuter
     Berkley
     Berman
     Biggert
     Bilbray
     Bilirakis
     Bishop
     Blagojevich
     Blumenauer
     Boehlert
     Bonior
     Bono
     Borski
     Boswell
     Boucher
     Boyd
     Brady (PA)
     Brown (FL)
     Brown (OH)
     Bryant
     Burr
     Callahan
     Camp
     Canady
     Capps
     Capuano
     Cardin
     Carson
     Castle
     Clay
     Clayton
     Clement
     Clyburn
     Condit
     Conyers
     Cooksey
     Costello
     Coyne
     Cramer
     Crane
     Crowley
     Danner
     Davis (FL)
     Davis (IL)
     Davis (VA)
     DeFazio
     Delahunt
     DeLauro
     Deutsch
     Diaz-Balart
     Dingell
     Dooley
     Doyle
     Dreier
     Dunn
     Edwards
     Ehlers
     Ehrlich
     Engel
     English
     Eshoo
     Etheridge
     Evans
     Everett
     Farr
     Fattah
     Filner
     Fletcher
     Foley
     Forbes
     Ford
     Fossella
     Fowler
     Frank (MA)
     Franks (NJ)
     Frelinghuysen
     Frost
     Gallegly
     Ganske
     Gejdenson
     Gephardt
     Gilchrest
     Gillmor
     Gilman
     Gonzalez
     Gordon
     Green (TX)
     Green (WI)
     Greenwood
     Gutierrez
     Gutknecht
     Hall (OH)
     Hastings (FL)
     Hayes
     Hill (IN)
     Hilliard
     Hinchey
     Hinojosa
     Hoeffel
     Holden
     Holt
     Hooley
     Horn
     Houghton
     Hyde
     Inslee
     Jackson-Lee (TX)
     Jenkins
     John
     Johnson (CT)
     Johnson, E. B.
     Jones (OH)
     Kanjorski
     Kaptur
     Kelly
     Kennedy
     Kildee
     Kilpatrick
     Kind (WI)
     King (NY)
     Kleczka
     Klink
     Kucinich
     Kuykendall
     LaFalce
     Lampson
     Lantos
     Larson
     Lazio
     Leach
     Lee
     Levin
     Lewis (GA)
     Lewis (KY)
     Lipinski
     LoBiondo
     Lowey
     Lucas (KY)
     Maloney (CT)
     Maloney (NY)
     Markey
     Martinez
     Mascara
     Matsui
     McCarthy (MO)
     McCarthy (NY)
     McCollum
     McCrery
     McDermott
     McGovern
     McHugh
     McInnis
     McIntosh
     McIntyre
     McKinney
     McNulty
     Meehan
     Meek (FL)
     Meeks (NY)
     Menendez
     Metcalf
     Mica
     Millender-McDonald
     Miller, George
     Mink
     Moakley
     Moore
     Morella
     Nadler
     Napolitano
     Neal
     Oberstar
     Olver
     Ortiz
     Owens
     Pallone
     Pascrell
     Pastor
     Payne
     Pease
     Pelosi
     Peterson (MN)
     Phelps
     Pickett
     Pomeroy
     Porter
     Price (NC)
     Quinn
     Rahall
     Ramstad
     Rangel
     Reyes
     Reynolds
     Riley
     Rivers
     Rodriguez
     Roemer
     Rogan
     Ros-Lehtinen
     Rothman
     Roukema
     Rush
     Sanchez
     Sanders
     Sandlin
     Sawyer
     Saxton
     Schakowsky
     Scott
     Serrano
     Shaw
     Shays
     Sherman
     Shimkus
     Shuster
     Sisisky
     Skelton
     Slaughter
     Smith (NJ)
     Smith (WA)
     Snyder
     Souder
     Spratt
     Stabenow
     Stark
     Strickland
     Stupak
     Sweeney
     Tanner
     Tauscher
     Tauzin
     Taylor (MS)
     Terry
     Thomas
     Thompson (CA)
     Thompson (MS)
     Thune
     Thurman
     Tierney
     Towns
     Traficant
     Turner
     Udall (CO)
     Udall (NM)
     Upton
     Velazquez
     Vento
     Visclosky
     Vitter
     Walsh
     Waters
     Watt (NC)
     Waxman
     Weiner
     Weldon (PA)
     Weller
     Wexler
     Weygand
     Whitfield
     Wilson
     Woolsey
     Wu
     Wynn
     Young (AK)

                             NOT VOTING--11

     Buyer
     Campbell
     Coble
     Cummings
     DeGette
     Hunter
     Jefferson
     Lofgren
     Lucas (OK)
     Sherwood
     Wise

                              {time}  1038

  Messrs. SKEEN, LUTHER, MINGE, MORAN of Virginia, and PORTMAN changed 
their vote from ``no'' to ``aye.''
  So the amendment was rejected.
  The result of the vote was announced as above recorded.


            Amendment No. 11 Offered by Mrs. Chenoweth-Hage

  The CHAIRMAN pro tempore. The unfinished business is the demand for a 
recorded vote on the amendment offered by the gentlewoman from Idaho 
(Mrs. Chenoweth-Hage) on which further proceedings were postponed and 
on which the noes prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The text of the amendment is as follows:

       Amendment No. 11 offered by Mrs. Chenoweth-Hage:
       Page 23, in line 18, strike `except that a coastal 
     political' and all that follows down through line 3 on page 
     24.


                             Recorded Vote

  The CHAIRMAN pro tempore. A recorded vote has been demanded.
  A recorded vote was ordered.
  The CHAIRMAN pro tempore. This will be a 5-minute vote.
  The vote was taken by electronic device, and there were--ayes 166, 
noes 259, not voting 9, as follows:

                             [Roll No. 168]

                               AYES--166

     Aderholt
     Archer
     Armey
     Ballenger
     Barr
     Barrett (NE)
     Bartlett
     Barton
     Bereuter
     Bilirakis
     Bliley
     Blunt
     Boehner
     Bonilla
     Brady (TX)
     Bryant
     Burton
     Buyer
     Calvert
     Camp
     Canady
     Cannon
     Chabot
     Chambliss
     Chenoweth-Hage
     Coburn
     Collins
     Combest
     Cook
     Cooksey
     Cox
     Cubin
     Cunningham
     Deal
     DeLay
     DeMint
     Diaz-Balart
     Dickey
     Doolittle
     Dreier
     Duncan
     Dunn
     Emerson
     English
     Everett
     Ewing
     Fletcher
     Fossella
     Fowler
     Ganske
     Gekas
     Gibbons
     Gillmor
     Goode
     Goodlatte
     Goodling
     Goss
     Graham
     Granger
     Green (WI)
     Gutknecht
     Hall (TX)
     Hansen
     Hastings (WA)
     Hayworth
     Hefley
     Herger
     Hilleary
     Hobson
     Hoekstra
     Hostettler
     Hulshof
     Hunter
     Hutchinson
     Hyde

[[Page H2910]]


     Isakson
     Istook
     Jenkins
     Johnson (CT)
     Johnson, Sam
     Jones (NC)
     Kasich
     Kingston
     Knollenberg
     Kolbe
     LaHood
     Largent
     Latham
     Lewis (CA)
     Lewis (KY)
     Linder
     Manzullo
     McCollum
     McHugh
     McInnis
     McIntosh
     McKeon
     Metcalf
     Miller (FL)
     Miller, Gary
     Moran (KS)
     Myrick
     Nethercutt
     Ney
     Northup
     Norwood
     Nussle
     Obey
     Ose
     Oxley
     Packard
     Paul
     Pease
     Peterson (PA)
     Petri
     Pickering
     Pickett
     Pitts
     Pombo
     Portman
     Pryce (OH)
     Radanovich
     Ramstad
     Regula
     Reynolds
     Riley
     Rogers
     Rohrabacher
     Royce
     Ryan (WI)
     Ryun (KS)
     Salmon
     Sanford
     Scarborough
     Schaffer
     Sensenbrenner
     Sessions
     Shadegg
     Shuster
     Simpson
     Skeen
     Smith (MI)
     Smith (TX)
     Spence
     Stearns
     Stump
     Sununu
     Sweeney
     Talent
     Tancredo
     Taylor (NC)
     Terry
     Thomas
     Thornberry
     Tiahrt
     Toomey
     Walden
     Wamp
     Watkins
     Watts (OK)
     Weldon (FL)
     Weller
     Whitfield
     Wicker
     Wilson
     Young (FL)

                               NOES--259

     Abercrombie
     Ackerman
     Allen
     Andrews
     Baca
     Bachus
     Baird
     Baker
     Baldacci
     Baldwin
     Barcia
     Barrett (WI)
     Bass
     Bateman
     Becerra
     Bentsen
     Berkley
     Berman
     Berry
     Biggert
     Bilbray
     Bishop
     Blagojevich
     Blumenauer
     Boehlert
     Bonior
     Bono
     Borski
     Boswell
     Boucher
     Boyd
     Brady (PA)
     Brown (FL)
     Brown (OH)
     Burr
     Callahan
     Capps
     Capuano
     Cardin
     Carson
     Castle
     Clay
     Clayton
     Clement
     Clyburn
     Condit
     Conyers
     Costello
     Coyne
     Cramer
     Crane
     Crowley
     Cummings
     Danner
     Davis (FL)
     Davis (IL)
     Davis (VA)
     DeFazio
     Delahunt
     DeLauro
     Deutsch
     Dicks
     Dingell
     Dixon
     Doggett
     Dooley
     Doyle
     Edwards
     Ehlers
     Ehrlich
     Engel
     Eshoo
     Etheridge
     Evans
     Farr
     Fattah
     Filner
     Foley
     Forbes
     Ford
     Frank (MA)
     Franks (NJ)
     Frelinghuysen
     Frost
     Gallegly
     Gejdenson
     Gephardt
     Gilchrest
     Gilman
     Gonzalez
     Gordon
     Green (TX)
     Gutierrez
     Hall (OH)
     Hastings (FL)
     Hayes
     Hill (IN)
     Hill (MT)
     Hilliard
     Hinchey
     Hinojosa
     Hoeffel
     Holden
     Holt
     Hooley
     Horn
     Houghton
     Hoyer
     Inslee
     Jackson (IL)
     Jackson-Lee (TX)
     John
     Johnson, E.B.
     Jones (OH)
     Kanjorski
     Kaptur
     Kelly
     Kennedy
     Kildee
     Kilpatrick
     Kind (WI)
     King (NY)
     Kleczka
     Klink
     Kucinich
     Kuykendall
     LaFalce
     Lampson
     Lantos
     Larson
     LaTourette
     Lazio
     Leach
     Lee
     Levin
     Lewis (GA)
     Lipinski
     LoBiondo
     Lowey
     Lucas (KY)
     Luther
     Maloney (CT)
     Maloney (NY)
     Markey
     Martinez
     Mascara
     Matsui
     McCarthy (MO)
     McCarthy (NY)
     McCrery
     McDermott
     McGovern
     McIntyre
     McKinney
     McNulty
     Meehan
     Meek (FL)
     Meeks (NY)
     Menendez
     Mica
     Millender-McDonald
     Miller, George
     Minge
     Mink
     Moakley
     Mollohan
     Moore
     Moran (VA)
     Morella
     Murtha
     Nadler
     Napolitano
     Neal
     Oberstar
     Olver
     Ortiz
     Owens
     Pallone
     Pascrell
     Pastor
     Payne
     Pelosi
     Peterson (MN)
     Phelps
     Pomeroy
     Porter
     Price (NC)
     Quinn
     Rahall
     Rangel
     Reyes
     Rivers
     Rodriguez
     Roemer
     Rogan
     Ros-Lehtinen
     Rothman
     Roukema
     Roybal-Allard
     Rush
     Sabo
     Sanchez
     Sanders
     Sandlin
     Sawyer
     Saxton
     Schakowsky
     Scott
     Serrano
     Shaw
     Shays
     Sherman
     Shimkus
     Shows
     Sisisky
     Skelton
     Slaughter
     Smith (NJ)
     Smith (WA)
     Snyder
     Souder
     Spratt
     Stabenow
     Stark
     Stenholm
     Strickland
     Stupak
     Tanner
     Tauscher
     Tauzin
     Taylor (MS)
     Thompson (CA)
     Thompson (MS)
     Thune
     Thurman
     Tierney
     Towns
     Traficant
     Turner
     Udall (CO)
     Udall (NM)
     Upton
     Velazquez
     Vento
     Visclosky
     Vitter
     Walsh
     Waters
     Watt (NC)
     Waxman
     Weiner
     Weldon (PA)
     Wexler
     Weygand
     Wolf
     Woolsey
     Wu
     Wynn
     Young (AK)

                             NOT VOTING--9

     Campbell
     Coble
     DeGette
     Greenwood
     Jefferson
     Lofgren
     Lucas (OK)
     Sherwood
     Wise

                              {time}  1048

  Mr. REYNOLDS and Mr. WELLER changed their vote from ``no'' to 
``aye.''
  So the amendment was rejected.
  The result of the vote was announced as above recorded.


         Amendment No. 12 Offered by Mr. Hastings of Washington

  The CHAIRMAN pro tempore (Mr. LaTourette). The unfinished business is 
the demand for a recorded vote on the amendment offered by the 
gentleman from Washington (Mr. Hastings), on which further proceedings 
were postponed and on which the noes prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The text of the amendment is as follows:

       Amendment No. 12 offered by Mr. Hastings of Washington:
       Page 31, after line 24, insert:
       ``(3) Apportionment for maintenance.--Not less than 50 
     percent of the Federal portion shall be used by the Secretary 
     of the Interior and the Secretary of Agriculture only for 
     purposes of carrying out maintenance operations on Federal 
     lands managed by such Secretaries.''.


                             Recorded Vote

  The CHAIRMAN pro tempore. A recorded vote has been demanded.
  A recorded vote was ordered.
  The CHAIRMAN pro tempore. This will be a 5-minute vote.
  The vote was taken by electronic device, and there were--ayes 169, 
noes 256, not voting 9, as follows:

                             [Roll No. 169]

                               AYES--169

     Aderholt
     Archer
     Armey
     Ballenger
     Barcia
     Barr
     Barrett (NE)
     Bartlett
     Barton
     Bateman
     Bereuter
     Berry
     Bilirakis
     Bliley
     Blunt
     Boehner
     Bonilla
     Brady (TX)
     Bryant
     Burton
     Buyer
     Calvert
     Camp
     Cannon
     Chabot
     Chambliss
     Chenoweth-Hage
     Coburn
     Collins
     Combest
     Cook
     Cox
     Crane
     Cubin
     Cunningham
     Danner
     Davis (VA)
     Deal
     DeLay
     DeMint
     Diaz-Balart
     Doolittle
     Dreier
     Duncan
     Dunn
     Ehrlich
     Emerson
     Everett
     Ewing
     Fletcher
     Foley
     Fossella
     Fowler
     Ganske
     Gibbons
     Goode
     Goodlatte
     Goodling
     Goss
     Graham
     Granger
     Green (WI)
     Hall (TX)
     Hansen
     Hastings (WA)
     Hayworth
     Hefley
     Herger
     Hill (MT)
     Hilleary
     Hobson
     Hoekstra
     Hostettler
     Hulshof
     Hunter
     Hutchinson
     Istook
     Jefferson
     Jenkins
     Johnson, Sam
     Jones (NC)
     Kasich
     Kelly
     Kingston
     Knollenberg
     Kolbe
     LaHood
     Largent
     Latham
     LaTourette
     Lewis (CA)
     Lewis (KY)
     Linder
     Manzullo
     McCollum
     McHugh
     McInnis
     McKeon
     Metcalf
     Mica
     Miller (FL)
     Miller, Gary
     Moran (KS)
     Myrick
     Nethercutt
     Ney
     Northup
     Norwood
     Nussle
     Ose
     Oxley
     Packard
     Paul
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Pombo
     Pryce (OH)
     Radanovich
     Regula
     Reynolds
     Rogers
     Rohrabacher
     Roukema
     Royce
     Ryan (WI)
     Ryun (KS)
     Salmon
     Sanford
     Scarborough
     Schaffer
     Sensenbrenner
     Sessions
     Shadegg
     Shaw
     Shimkus
     Shows
     Shuster
     Simpson
     Skeen
     Skelton
     Smith (MI)
     Smith (TX)
     Spence
     Stearns
     Stenholm
     Stump
     Stupak
     Sununu
     Sweeney
     Talent
     Tancredo
     Taylor (NC)
     Terry
     Thomas
     Thornberry
     Thune
     Tiahrt
     Toomey
     Walden
     Wamp
     Watkins
     Watts (OK)
     Weldon (FL)
     Whitfield
     Wicker
     Wolf
     Young (FL)

                               NOES--256

     Abercrombie
     Ackerman
     Allen
     Andrews
     Baca
     Bachus
     Baird
     Baker
     Baldacci
     Baldwin
     Barrett (WI)
     Bass
     Becerra
     Bentsen
     Berkley
     Berman
     Biggert
     Bilbray
     Bishop
     Blagojevich
     Blumenauer
     Boehlert
     Bonior
     Bono
     Borski
     Boswell
     Boucher
     Boyd
     Brady (PA)
     Brown (FL)
     Brown (OH)
     Burr
     Callahan
     Canady
     Capps
     Capuano
     Cardin
     Carson
     Castle
     Clay
     Clayton
     Clement
     Clyburn
     Condit
     Conyers
     Cooksey
     Costello
     Coyne
     Cramer
     Crowley
     Cummings
     Davis (FL)
     Davis (IL)
     DeFazio
     Delahunt
     DeLauro
     Deutsch
     Dicks
     Dingell
     Dixon
     Doggett
     Dooley
     Doyle
     Edwards
     Ehlers
     Engel
     English
     Eshoo
     Etheridge
     Evans
     Farr
     Fattah
     Filner
     Forbes
     Ford
     Frank (MA)
     Franks (NJ)
     Frelinghuysen
     Frost
     Gallegly
     Gejdenson
     Gekas
     Gephardt
     Gilchrest
     Gillmor
     Gilman
     Gonzalez
     Gordon
     Green (TX)
     Greenwood
     Gutierrez
     Gutknecht
     Hall (OH)
     Hastings (FL)
     Hayes
     Hill (IN)
     Hilliard
     Hinchey
     Hinojosa
     Hoeffel
     Holden
     Holt
     Hooley
     Horn
     Houghton
     Hoyer
     Hyde
     Inslee
     Isakson
     Jackson (IL)
     Jackson-Lee (TX)
     John
     Johnson (CT)
     Johnson, E. B.
     Jones (OH)
     Kanjorski
     Kaptur
     Kennedy
     Kildee
     Kilpatrick
     Kind (WI)
     King (NY)
     Kleczka
     Klink
     Kucinich
     Kuykendall
     LaFalce
     Lampson
     Lantos
     Larson
     Lazio
     Leach
     Lee
     Levin
     Lewis (GA)
     Lipinski
     LoBiondo
     Lowey
     Lucas (KY)
     Luther
     Maloney (CT)
     Maloney (NY)
     Markey
     Martinez
     Mascara
     Matsui
     McCarthy (MO)
     McCarthy (NY)
     McCrery
     McDermott
     McGovern
     McIntosh
     McIntyre
     McKinney
     McNulty
     Meehan
     Meek (FL)
     Meeks (NY)
     Menendez
     Millender-McDonald
     Miller, George
     Minge
     Mink
     Moakley
     Mollohan
     Moore
     Moran (VA)
     Morella
     Murtha
     Nadler
     Napolitano
     Neal
     Oberstar
     Obey
     Olver

[[Page H2911]]


     Ortiz
     Owens
     Pallone
     Pascrell
     Pastor
     Payne
     Pease
     Pelosi
     Peterson (MN)
     Phelps
     Pickett
     Pomeroy
     Porter
     Portman
     Price (NC)
     Quinn
     Rahall
     Ramstad
     Rangel
     Reyes
     Riley
     Rivers
     Rodriguez
     Roemer
     Rogan
     Ros-Lehtinen
     Rothman
     Roybal-Allard
     Rush
     Sabo
     Sanchez
     Sanders
     Sandlin
     Sawyer
     Saxton
     Schakowsky
     Scott
     Serrano
     Shays
     Sherman
     Sisisky
     Slaughter
     Smith (NJ)
     Smith (WA)
     Snyder
     Souder
     Spratt
     Stabenow
     Stark
     Strickland
     Tanner
     Tauscher
     Tauzin
     Taylor (MS)
     Thompson (CA)
     Thompson (MS)
     Thurman
     Tierney
     Towns
     Traficant
     Turner
     Udall (CO)
     Udall (NM)
     Upton
     Velazquez
     Vento
     Visclosky
     Vitter
     Walsh
     Waters
     Watt (NC)
     Waxman
     Weiner
     Weldon (PA)
     Wexler
     Weygand
     Wilson
     Woolsey
     Wu
     Wynn
     Young (AK)

                             NOT VOTING--9

     Campbell
     Coble
     DeGette
     Dickey
     Lofgren
     Lucas (OK)
     Sherwood
     Weller
     Wise

                              {time}  1056

  So the amendment was rejected.
  The result of the vote was announced as above recorded.


                Amendment No. 13 Offered by Mr. Sweeney

  The CHAIRMAN pro tempore. The unfinished business is the demand for a 
recorded vote on the amendment offered by the gentleman from New York 
(Mr. Sweeney), on which further proceedings were postponed and on which 
the noes prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The text of the amendment is as follows:

       Amendment No. 13 offered by Mr. Sweeney:
       Page 36, after line 13, insert:
       ``(D) No State political subdivision has transmitted to the 
     Secretary administering the acquisition a copy of a 
     resolution adopted by the governing body of such subdivision 
     disapproving of such acquisition within 90 days after 
     receiving notice of the proposed acquisition under 
     subparagraph (C)(iii).
       Page 41, line 8, after the period insert: ``The State shall 
     notify each affected political subdivision of each land 
     acquisition proposal included in the State action agenda. 
     Such notice shall include a citation of the statutory 
     authority for the acquisition, if such authority exists, and 
     an explanation of why the particular interest proposed to be 
     acquired was selected.''.
       Page 42, after line 9, insert:
       (c) Local Government Veto.--Section 6(f) (16 U.S.C. 4601-8) 
     is amended by adding the following at the end thereof:
       ``(9) No funds made available under this Act may be used by 
     a State to acquire any land or interest in land if the 
     political subdivision of the State in which the land or 
     interest in land is located has transmitted to the State 
     agency administering the proposed acquisition a copy of a 
     resolution adopted by the governing body of such subdivision 
     disapproving of such acquisition within 90 days after 
     receiving notice of the proposed acquisition under subsection 
     (d)(2).''.


                             Recorded Vote

  The CHAIRMAN pro tempore. A recorded vote has been demanded.
  A recorded vote was ordered.
  The CHAIRMAN pro tempore. This will be a 5-minute vote.
  The vote was taken by electronic device, and there were--ayes 187, 
noes 238, not voting 9, as follows:

                             [Roll No. 170]

                               AYES--187

     Aderholt
     Archer
     Armey
     Baca
     Bachus
     Ballenger
     Barcia
     Barr
     Barrett (NE)
     Bartlett
     Barton
     Berry
     Bilirakis
     Bliley
     Blunt
     Boehner
     Bonilla
     Boswell
     Brady (TX)
     Bryant
     Burr
     Burton
     Buyer
     Callahan
     Calvert
     Camp
     Canady
     Cannon
     Chabot
     Chambliss
     Chenoweth-Hage
     Coburn
     Collins
     Combest
     Cook
     Cox
     Crane
     Cubin
     Cunningham
     Danner
     Davis (VA)
     Deal
     DeLay
     DeMint
     Dickey
     Doolittle
     Dreier
     Duncan
     Dunn
     Ehrlich
     Emerson
     Engel
     Everett
     Ewing
     Fletcher
     Foley
     Fossella
     Fowler
     Gallegly
     Ganske
     Gibbons
     Gillmor
     Goode
     Goodlatte
     Goodling
     Goss
     Graham
     Granger
     Green (WI)
     Gutknecht
     Hall (TX)
     Hansen
     Hastings (WA)
     Hayworth
     Hefley
     Herger
     Hill (MT)
     Hilleary
     Hobson
     Hoekstra
     Hostettler
     Houghton
     Hulshof
     Hunter
     Hutchinson
     Hyde
     Istook
     Jenkins
     Johnson, Sam
     Jones (NC)
     Kasich
     King (NY)
     Kingston
     Knollenberg
     Kolbe
     LaHood
     Largent
     Latham
     LaTourette
     Lewis (CA)
     Lewis (KY)
     Linder
     Manzullo
     Martinez
     McCollum
     McHugh
     McInnis
     McIntosh
     McKeon
     Meeks (NY)
     Metcalf
     Mica
     Miller (FL)
     Miller, Gary
     Moran (KS)
     Myrick
     Nethercutt
     Ney
     Northup
     Norwood
     Nussle
     Ose
     Oxley
     Packard
     Paul
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Pombo
     Pomeroy
     Portman
     Pryce (OH)
     Quinn
     Radanovich
     Regula
     Reynolds
     Riley
     Rogan
     Rogers
     Rohrabacher
     Royce
     Ryan (WI)
     Ryun (KS)
     Salmon
     Sandlin
     Scarborough
     Schaffer
     Sensenbrenner
     Sessions
     Shadegg
     Shaw
     Shimkus
     Shows
     Shuster
     Simpson
     Skeen
     Smith (MI)
     Smith (TX)
     Spence
     Stearns
     Stenholm
     Stump
     Stupak
     Sununu
     Sweeney
     Talent
     Tancredo
     Taylor (NC)
     Terry
     Thomas
     Thornberry
     Thune
     Tiahrt
     Toomey
     Traficant
     Walden
     Wamp
     Watkins
     Watts (OK)
     Weldon (FL)
     Weldon (PA)
     Whitfield
     Wicker
     Wilson
     Wolf
     Young (FL)

                               NOES--238

     Abercrombie
     Ackerman
     Allen
     Andrews
     Baird
     Baker
     Baldacci
     Baldwin
     Barrett (WI)
     Bass
     Bateman
     Becerra
     Bentsen
     Bereuter
     Berkley
     Berman
     Biggert
     Bilbray
     Bishop
     Blagojevich
     Blumenauer
     Boehlert
     Bonior
     Bono
     Borski
     Boucher
     Boyd
     Brady (PA)
     Brown (FL)
     Brown (OH)
     Capps
     Capuano
     Cardin
     Carson
     Castle
     Clay
     Clayton
     Clement
     Clyburn
     Condit
     Conyers
     Cooksey
     Costello
     Coyne
     Cramer
     Crowley
     Cummings
     Davis (FL)
     Davis (IL)
     DeFazio
     Delahunt
     DeLauro
     Deutsch
     Diaz-Balart
     Dicks
     Dingell
     Dixon
     Doggett
     Dooley
     Doyle
     Edwards
     Ehlers
     English
     Eshoo
     Etheridge
     Evans
     Farr
     Fattah
     Filner
     Forbes
     Ford
     Frank (MA)
     Franks (NJ)
     Frelinghuysen
     Frost
     Gejdenson
     Gephardt
     Gilchrest
     Gilman
     Gonzalez
     Gordon
     Green (TX)
     Greenwood
     Gutierrez
     Hall (OH)
     Hastings (FL)
     Hayes
     Hill (IN)
     Hilliard
     Hinchey
     Hinojosa
     Hoeffel
     Holden
     Holt
     Hooley
     Horn
     Hoyer
     Inslee
     Isakson
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     John
     Johnson (CT)
     Johnson, E.B.
     Jones (OH)
     Kanjorski
     Kaptur
     Kelly
     Kennedy
     Kildee
     Kilpatrick
     Kind (WI)
     Kleczka
     Klink
     Kucinich
     Kuykendall
     LaFalce
     Lampson
     Lantos
     Larson
     Lazio
     Leach
     Lee
     Levin
     Lewis (GA)
     Lipinski
     LoBiondo
     Lowey
     Lucas (KY)
     Luther
     Maloney (CT)
     Maloney (NY)
     Markey
     Mascara
     Matsui
     McCarthy (MO)
     McCarthy (NY)
     McCrery
     McDermott
     McGovern
     McIntyre
     McKinney
     McNulty
     Meehan
     Meek (FL)
     Menendez
     Millender-McDonald
     Miller, George
     Minge
     Mink
     Moakley
     Mollohan
     Moore
     Moran (VA)
     Morella
     Murtha
     Nadler
     Napolitano
     Neal
     Oberstar
     Obey
     Olver
     Ortiz
     Owens
     Pallone
     Pascrell
     Pastor
     Payne
     Pease
     Pelosi
     Peterson (MN)
     Phelps
     Pickett
     Porter
     Price (NC)
     Rahall
     Ramstad
     Reyes
     Rivers
     Rodriguez
     Roemer
     Ros-Lehtinen
     Rothman
     Roukema
     Roybal-Allard
     Rush
     Sabo
     Sanchez
     Sanders
     Sanford
     Sawyer
     Saxton
     Schakowsky
     Scott
     Serrano
     Shays
     Sherman
     Sisisky
     Skelton
     Slaughter
     Smith (NJ)
     Smith (WA)
     Snyder
     Souder
     Spratt
     Stabenow
     Stark
     Strickland
     Tanner
     Tauscher
     Tauzin
     Taylor (MS)
     Thompson (CA)
     Thompson (MS)
     Thurman
     Tierney
     Towns
     Turner
     Udall (CO)
     Udall (NM)
     Upton
     Velazquez
     Vento
     Visclosky
     Vitter
     Walsh
     Waters
     Watt (NC)
     Waxman
     Weiner
     Weller
     Wexler
     Weygand
     Woolsey
     Wu
     Wynn
     Young (AK)

                             NOT VOTING--9

     Campbell
     Coble
     DeGette
     Gekas
     Lofgren
     Lucas (OK)
     Rangel
     Sherwood
     Wise

                              {time}  1104

  So the amendment was rejected.
  The result of the vote was announced as above recorded.
  Stated for:
  Mr. WATTS for Oklahoma. Mr. Chairman, I was unavoidably detained 
today, and missed recorded vote No. 172 on the Calvert amendment to 
H.R. 701. Had I been present, I would have voted ``aye'' on this 
amendment.


                Amendment No. 14 Offered By Mr. Simpson

  The CHAIRMAN pro tempore (Mr. LaTourette). The unfinished business is 
the demand for a recorded vote on amendment No. 14 offered by the 
gentleman from Idaho (Mr. Simpson) on which further proceeding were 
postponed and on which the noes prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The text of the amendment is as follows:
       Amendment No. 14 offered by Mr. Simpson:
       Page 36, strike the close quotation marks and the second 
     period at line 16, and after line 16 insert the following:
       ``(h) State Approval of Certain Land Acquisition 
     Required.--The Federal portion may not be used by the 
     Secretary of the Interior or the Secretary of Agriculture to 
     acquire any interest in land located in a

[[Page H2912]]

     State in which 50 percent or more of the land in the State is 
     owned by the Federal Government if the acquisition would 
     result in a net increase in the total acreage in the State 
     owned by the Federal Government, unless the acquisition is 
     specifically approved by the law of the State.''.


                             Recorded Vote

  The CHAIRMAN pro tempore. A recorded vote has been demanded.
  A recorded vote was ordered.
  The CHAIRMAN pro tempore. This will be a 5-minute vote.
  The vote was taken by electronic device, and there were--ayes 157, 
noes 266, not voting 11, as follows:

                             [Roll No. 171]

                               AYES--157

     Aderholt
     Archer
     Armey
     Baker
     Ballenger
     Barr
     Barrett (NE)
     Bartlett
     Barton
     Berry
     Bliley
     Blunt
     Boehner
     Bonilla
     Brady (TX)
     Bryant
     Burr
     Burton
     Buyer
     Callahan
     Calvert
     Camp
     Canady
     Cannon
     Chabot
     Chenoweth-Hage
     Coburn
     Collins
     Combest
     Cook
     Cox
     Crane
     Cubin
     Cunningham
     Danner
     Davis (VA)
     Deal
     DeLay
     DeMint
     Dickey
     Doolittle
     Dreier
     Duncan
     Dunn
     Emerson
     Everett
     Ewing
     Fletcher
     Gallegly
     Gekas
     Gibbons
     Goode
     Goodlatte
     Goodling
     Graham
     Granger
     Green (WI)
     Gutknecht
     Hall (TX)
     Hansen
     Hastings (WA)
     Hayworth
     Hefley
     Herger
     Hill (MT)
     Hilleary
     Hobson
     Hoekstra
     Hostettler
     Hulshof
     Hunter
     Hutchinson
     Hyde
     Istook
     Jenkins
     Johnson, Sam
     Jones (NC)
     Kasich
     Kingston
     Knollenberg
     LaHood
     Largent
     Latham
     Lewis (CA)
     Lewis (KY)
     Linder
     Manzullo
     Martinez
     McHugh
     McKeon
     Metcalf
     Miller (FL)
     Miller, Gary
     Moran (KS)
     Myrick
     Nethercutt
     Ney
     Northup
     Norwood
     Nussle
     Ose
     Oxley
     Packard
     Paul
     Peterson (PA)
     Pickering
     Pitts
     Pombo
     Pryce (OH)
     Radanovich
     Regula
     Reynolds
     Riley
     Rogan
     Rogers
     Rohrabacher
     Royce
     Ryan (WI)
     Ryun (KS)
     Salmon
     Sanford
     Scarborough
     Schaffer
     Sensenbrenner
     Sessions
     Shadegg
     Shimkus
     Shows
     Shuster
     Simpson
     Skeen
     Smith (MI)
     Smith (TX)
     Spence
     Stearns
     Stenholm
     Stump
     Stupak
     Sununu
     Sweeney
     Talent
     Taylor (NC)
     Terry
     Thomas
     Thornberry
     Tiahrt
     Toomey
     Traficant
     Walden
     Wamp
     Watkins
     Watts (OK)
     Weldon (FL)
     Whitfield
     Wicker
     Wilson
     Young (FL)

                               NOES--266

     Abercrombie
     Ackerman
     Allen
     Andrews
     Baca
     Bachus
     Baird
     Baldacci
     Baldwin
     Barcia
     Barrett (WI)
     Bass
     Bateman
     Becerra
     Bentsen
     Bereuter
     Berkley
     Berman
     Biggert
     Bilbray
     Bilirakis
     Bishop
     Blagojevich
     Blumenauer
     Boehlert
     Bonior
     Bono
     Borski
     Boswell
     Boucher
     Boyd
     Brady (PA)
     Brown (FL)
     Brown (OH)
     Capps
     Capuano
     Cardin
     Carson
     Castle
     Chambliss
     Clay
     Clayton
     Clement
     Clyburn
     Condit
     Conyers
     Cooksey
     Costello
     Coyne
     Cramer
     Crowley
     Cummings
     Davis (FL)
     Davis (IL)
     DeFazio
     Delahunt
     DeLauro
     Deutsch
     Diaz-Balart
     Dicks
     Dingell
     Dixon
     Doggett
     Dooley
     Doyle
     Edwards
     Ehlers
     Ehrlich
     Engel
     English
     Eshoo
     Etheridge
     Evans
     Farr
     Fattah
     Filner
     Foley
     Forbes
     Fossella
     Fowler
     Franks (NJ)
     Frelinghuysen
     Frost
     Ganske
     Gejdenson
     Gephardt
     Gilchrest
     Gillmor
     Gilman
     Gonzalez
     Gordon
     Goss
     Green (TX)
     Greenwood
     Gutierrez
     Hall (OH)
     Hastings (FL)
     Hayes
     Hill (IN)
     Hilliard
     Hinojosa
     Hoeffel
     Holden
     Holt
     Hooley
     Horn
     Houghton
     Hoyer
     Inslee
     Isakson
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     John
     Johnson (CT)
     Johnson, E. B.
     Jones (OH)
     Kanjorski
     Kaptur
     Kelly
     Kennedy
     Kildee
     Kilpatrick
     Kind (WI)
     King (NY)
     Kleczka
     Klink
     Kolbe
     Kucinich
     Kuykendall
     LaFalce
     Lampson
     Lantos
     Larson
     LaTourette
     Lazio
     Leach
     Lee
     Levin
     Lewis (GA)
     Lipinski
     LoBiondo
     Lowey
     Lucas (KY)
     Luther
     Maloney (CT)
     Maloney (NY)
     Markey
     Mascara
     Matsui
     McCarthy (MO)
     McCarthy (NY)
     McCollum
     McCrery
     McDermott
     McGovern
     McInnis
     McIntosh
     McIntyre
     McKinney
     McNulty
     Meehan
     Meek (FL)
     Meeks (NY)
     Menendez
     Mica
     Miller, George
     Minge
     Mink
     Moakley
     Mollohan
     Moore
     Moran (VA)
     Morella
     Murtha
     Nadler
     Napolitano
     Neal
     Oberstar
     Obey
     Olver
     Ortiz
     Owens
     Pallone
     Pascrell
     Pastor
     Payne
     Pease
     Pelosi
     Peterson (MN)
     Petri
     Phelps
     Pickett
     Pomeroy
     Porter
     Portman
     Price (NC)
     Quinn
     Rahall
     Ramstad
     Rangel
     Reyes
     Rivers
     Rodriguez
     Roemer
     Ros-Lehtinen
     Rothman
     Roukema
     Roybal-Allard
     Rush
     Sabo
     Sanchez
     Sanders
     Sandlin
     Sawyer
     Saxton
     Schakowsky
     Scott
     Serrano
     Shaw
     Shays
     Sherman
     Sisisky
     Skelton
     Slaughter
     Smith (NJ)
     Smith (WA)
     Snyder
     Souder
     Spratt
     Stabenow
     Stark
     Strickland
     Tancredo
     Tanner
     Tauscher
     Tauzin
     Taylor (MS)
     Thompson (CA)
     Thompson (MS)
     Thune
     Thurman
     Tierney
     Towns
     Turner
     Udall (CO)
     Udall (NM)
     Upton
     Velazquez
     Vento
     Visclosky
     Vitter
     Walsh
     Waters
     Watt (NC)
     Waxman
     Weiner
     Weldon (PA)
     Weller
     Wexler
     Weygand
     Wolf
     Woolsey
     Wu
     Wynn
     Young (AK)

                             NOT VOTING--11

     Campbell
     Coble
     DeGette
     Ford
     Frank (MA)
     Hinchey
     Lofgren
     Lucas (OK)
     Millender-McDonald
     Sherwood
     Wise

                              {time}  1114

  Mr. KOLBE changed his vote from ``aye'' to ``no''.
  So the amendment was rejected.
  The result of the vote was announced as above recorded.

                              {time}  1115

  Mr. CALLAHAN. Mr. Chairman, I ask unanimous consent to strike the 
last word so I can engage in a colloquy with the chairman of this 
committee, and also ask for his forgiveness on that last vote.
  The CHAIRMAN pro tempore (Mr. LaTourette). Is there objection to the 
request of the gentleman from Alabama?
  There was no objection.
  Mr. CALLAHAN. Mr. Chairman, I rise today to engage the distinguished 
chairman of the committee in a colloquy, and thank the gentleman.
  Mr. YOUNG of Alaska. Mr. Chairman, will the gentleman yield?
  Mr. CALLAHAN. I yield to the gentleman from Alaska.
  Mr. YOUNG of Alaska. Mr. Chairman, I am pleased to engage the 
gentleman from Alabama. Although he voted against me on that last 
amendment, I do want to thank him for his cosponsorship in support of 
this bill.
  Mr. CALLAHAN. Mr. Chairman, reclaiming my time, I thank the gentleman 
for his remarks. And the gentleman and I have spoken previously 
regarding my specific concerns about 701, but I would like this 
opportunity to engage once again and highlight those concerns to our 
colleagues; although CARA will be extremely beneficial to the wildlife 
and conservation in the State of Alabama as written, there is a 
provision that is included in this Senate companion legislation, which 
I strongly support.
  This provision allows for funding parity between oil- and gas-
producing states and those that do not engage in these activities. As 
currently written, States in the Gulf of Mexico which do not support 
oil and gas exploration and production stand to disproportionately 
benefit from formulas for State-side allocations.
  In some cases, these are States that not only do not support those 
OCS activities, but actively oppose exploration of these resources in 
their region.
  I believe this is inherently unfair to the citizens of the States 
like Alabama, that do support OCS activities and provide the necessary 
infrastructure and oversight for these activities.
  Mr. YOUNG of Alaska. Mr. Chairman, if the gentleman will continue to 
yield, I want to thank my friend for his remarks, and I appreciate his 
concerns about this issue.
  The gentleman and I have spoken on this subject previously, and I 
know it is an important issue for him as the citizens for Alabama. As I 
mentioned to him previously, I will continue to work to find an 
acceptable resolution with him and other interested Members, but I 
believe the right time to address this issue is during the conference 
with our colleagues in the other body.
  The gentleman from Alabama has my assurance that we will keep his 
concerns in mind as we move this important legislation through the 
process.
  Mr. CALLAHAN. Mr. Chairman, I greatly appreciate the gentleman's 
willingness to address this issue in the future and his willingness to 
discuss it here. Again, I would like to reiterate my support for CARA. 
I thank the distinguished Committee on Resources chairman for his 
continuing efforts with respect to my concerns.
  The CHAIRMAN pro tempore. It is now in order to consider Amendment 
No. 19 printed in House Report 106-612.

[[Page H2913]]

                Amendment No. 19 Offered by Mr. Calvert

  Mr. CALVERT. Mr. Chairman, I offer an amendment.
  The CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 19 offered by Mr. Calvert:
       Page 44, after line 11, insert the following:

     SEC.  . LIMITATION ON USE OF FUNDS FOR CONDEMNATION.

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


             ``limitation on use of funds for condemnation

       ``Sec. 15. None of the amounts made available by this title 
     may be used for adverse condemnation of property.''.

  The CHAIRMAN pro tempore. Pursuant to House Resolution 497, the 
gentleman from California (Mr. Calvert) and a Member opposed each will 
control 10 minutes.
  The Chair recognizes the gentleman from California (Mr. Calvert).
  Mr. CALVERT. Mr. Chairman, I yield myself such time as I may consume.
  Mr. Chairman, let me start out by saying that I fully support the 
Land and Water Conservation Fund. This fund is one of the most 
successful conservation programs in history. The Land and Water 
Conservation Fund has helped support everything from parks to 
playgrounds, wilderness to wetlands, open trails to open spaces.
  Nevertheless, I want to ensure that landowners are not forced to sell 
their property and that all land owners are treated fairly in the 
process.
  My amendment ensures that landowners are not forced to sell their 
property, and that all landowners are treated fairly in the process. 
CARA provides for $900 million to be appropriated annually for Land and 
Water Conservation Fund for the purposes of purchasing land. Private 
landowners are understandably nervous that such a huge sum of money 
available, their land may be easily condemned for public use.
  My amendment helps alleviate these concerns by providing an effective 
check against overzealous agency acquisitions. With regard to the bill 
that we are looking at today, there is a loophole, not Federal 
``willing seller'' portion. In its present form, the willing seller 
provision in the Federal portion of this bill allows acquisition of 
property if the owner is willing, or by an Act of Congress. By allowing 
for an Act of Congress, this bill creates a loophole through which 
Federal agencies could trample on the private property rights.
  In addition, CARA contains no private property rights protection for 
funds funded to State and local governments.
  Let me be clear, this amendment only applies to adverse condemnation 
or an unwillingly seller. Friendly condemnations, willing sellers, will 
be allowed.
  Some argue that my amendment would infringe on States' rights by not 
allowing the State to condemn. Let me address this point for a moment. 
As we all know, the 10th amendment to the Constitution states ``powers 
not delegated to the Federal Government are reserved to the States''; 
however, the fifth amendment states that no private property shall be 
taken without just compensation. Clearly, our founding fathers directed 
the Federal Government to protect private property rights.
  Mr. Chairman, I support allowing States the maximum amount of 
flexibility, whether we are talking about welfare or education or labor 
laws. I voted for the 1996 Welfare Reform law. I have cosponsored 
Dollars to the Classrooms, but, Mr. Chairman, the protection of private 
property rights is a distinct and clear Constitutional responsibility 
of the Federal Government.
  No matter how noble the objective, we should not abdicate our 
constitutional responsibility to protect private property rights.
  Further, this amendment applies only to funds provided to the State 
via the Land and Water Conservation Fund, a Federal fund. In addition, 
States will use this money to respond to Federal requirements, such as 
the Endangered Species Act.
  Without my amendment, Federal agencies could coerce States and local 
governments to condemn property in order to satisfy Federal land 
acquisition laws.
  Members should listen to the concerns of their constituents, 
especially their farmers, who are justifiably concerned that this bill 
will create an even bigger government. I cannot support a bill which 
does not take their concerns into account.
  This amendment is straightforward. It goes to the core of the willing 
seller issue. It comes down to the fact that the government should not 
be able to force taxpaying citizens off their land, land that has 
sometimes been owned by generations of families.
  I do not think anyone believes this should take place. My amendment 
goes a long way in preventing this from happening. I encourage all of 
my colleagues to support this amendment, which goes a long way in 
protecting rights of Americans.
  Mr. Chairman, I urge my colleagues to vote yes on my amendment. It is 
a vote to protect average Americans and maintain the sanctity of 
property private rights.
  Mr. Chairman, I reserve the balance of his time.
  The CHAIRMAN pro tempore. Does the gentleman from Louisiana (Mr. 
Tauzin) seek the time in opposition?
  Mr. TAUZIN. Mr. Chairman, I seek the time in opposition.
  Mr. Chairman, for purposes of controlling time, I yield 5 minutes to 
my friend, the gentleman from California (Mr. George Miller).
  The CHAIRMAN pro tempore. Without objection, the gentleman from 
Louisiana (Mr. Tauzin) and the gentleman from California (Mr. George 
Miller) each will control 5 minutes.
  There was no objection.
  The CHAIRMAN pro tempore. The Chair recognizes the gentleman from 
Louisiana (Mr. Tauzin).
  Mr. TAUZIN. Mr. Chairman, I yield myself such time as I may consume.
  Mr. Chairman, let me first assure my friend, the gentleman from 
California (Mr. Calvert) that his language was considered in the 
negotiations on this bill. Language protecting willing sellers was 
eventually adopted in this bill. It is contained in the bill today.
  It is done in a better way than the language the gentleman proposes, 
however, and that is why I suggest you reject the gentleman's 
amendment.
  Under current law, agencies can condemn property through adverse 
condemnation proceedings. They can also take your property through 
regulation, that is called inverse proceedings. So there are two ways 
that property can be taken.
  CARA changes that. CARA says, and let me quote the language to my 
colleagues, on page 31, line 18, Willing Seller Requirement: The 
Federal portion may not be used to acquire any property unless (A) the 
owner of the property concurs in the acquisition or (B) the acquisition 
of the property is specifically approved by an act of Congress.
  In other words, the bill provides that unless a seller is willing to 
sell the property, the only way the government can take that property 
is to come to Congress and get a specific line item authorization 
authorizing the taking of that property through adverse proceedings.
  Now, the reason we chose this language instead of the language my 
friend, the gentleman from California (Mr. Calvert), is offering, is 
for two reasons: Number one, this language does not interfere with 
State law, and the gentleman from California (Mr. Calvert) wants to. I 
do not think we should. I do not think we can.
  When a State takes Federal money under our program, it has to match 
it with State money. And if a State law allows condemnation, that is a 
State's business. When a State uses its money in that mix, or the 
Federal money, it is all fungible. Any attempt to interfere with that 
is meaningless and would be inconsequential. It would not have any 
effect anyhow. But the attempt to interfere with the State law in this 
Federal statute is, I think, something we ought to avoid.
  If my colleague does not like his State's laws on condemnation, he 
should appeal to his legislature in Sacramento and get those laws 
change, as we appeal to ours in Baton Rouge and arrange for our laws on 
condemnation.
  Again, this CARA statute protects willing sellers, but it does it in 
a way that is even better for willing sellers than the Calvert 
amendment, and here is how. There is no such thing a nonadverse 
condemnation. All condemnations are done in an adverse fashion, unless 
it is through regulation.

[[Page H2914]]

  In an adverse condemnation, sometimes willing sellers get together 
and ask the court to help them. They want to sell the property, but 
they want to do it through a condemnation proceeding in order that they 
can get best value, or perhaps there is some dispute over the property 
ownership or some limitations on the property that have to be settled 
by the court. So condemnation proceedings are used very often by 
willing sellers to get the job done in the best way for the willing 
seller. The Calvert language would eliminate that capability, that 
process for willing sellers.
  Let me say it again. Under the bill, the willing seller can object 
and the condemnation is over. There is no taking of his property under 
any circumstances under the bill's language, unless the willing seller 
agrees or unless my colleagues and I, and all of us in Congress, after 
all kinds of notice to everyone locally and federally, eventually agree 
in a line item to do otherwise.
  So, in essence, the current bill is stronger for the landowner, gives 
the willing seller more options than the Calvert language, and so the 
Calvert language ought to be defeated.
  Mr. CALVERT. Mr. Chairman, I yield myself 15 seconds.
  The language in my amendment does not eliminate a willing seller 
entering into a voluntary condemnation. In my previous life, I 
negotiated those agreements frequently. This does not do that.
  Mr. Chairman, I yield 3 minutes to the gentleman from Montana (Mr. 
Hill).
  Mr. HILL of Montana. Mr. Chairman, I thank the gentleman for yielding 
me the time.
  If someone loaded a gun and handed it to somebody and then pointed 
that person at a target, the person providing the gun could not plead 
innocent when the other individual pulled the trigger. But that is what 
the authors of this bill are suggesting, that they are innocent of any 
condemnation because they are not the ones that are going to pull the 
trigger.
  Now, it is true that language in this bill that directed the 
Secretary to establish a process for condemnation has been removed, and 
I offered an amendment to do that in the committee. And I applaud the 
chairman for having done that. However, if we go to page 33, 
subparagraph (iv), it directs the Secretary to identify properties that 
are proposed to be acquired from willing sellers and to specify a need 
for which adverse condemnation is being requested.
  That is what this bill does, it tells the Secretary of the Interior, 
the Secretary of Agriculture to go out and find property that they want 
to condemn and then provide a list to the Congress so the Congress can 
act on it.
  Now, this bill leaves open two loopholes; one, that loophole, but the 
second loophole is the local government loophole. Federal rules and 
regulations virtually compel State and local governments to condemn 
private land in order to meet those requirements. And so the authors of 
this bill cannot stand back and say, after they have given the loaded 
gun, this bill, to local governments, they cannot stand back and say, 
well, we are innocent bystanders in the process.
  So we need to close this local government loophole. We need to close 
this back-door loophole that directs the Secretary to do that.
  The great irony of this is that the lands we are talking about are 
the lands that so many have come down here to talk in favor of, and 
that is farmland. Many people have talked about the need to maintain 
open space and green space, and I support that, and I support the use 
of the Land and Water Conservation Fund, through easements, to do that. 
But this bill virtually says that we are going to require the purchase 
of those lands. And I can tell my colleagues this. Those lands are in 
better shape, that they provide more habitat for wildlife than they 
ever will once they are acquired by the Federal Government.
  So the authors cannot stand aside and say this bill does not provide 
condemnation. It does. It directs the Secretary to identify lands for 
condemnation. It creates a huge loophole for local governments to be 
able to accomplish that task. And the only way to close it is to close 
it with the amendment offered by the gentleman from California, and I 
urge its support.
  Mr. TAUZIN. Mr. Chairman, I yield myself such time as I may consume.
  Let me refer to the section of law that the gentleman referred to, on 
page 32 and 33. The only reason it is there is to make sure we all get 
notice so that Congress knows if any agency wants to take any property 
and there is an unwilling seller. That way the Congress ends up making 
that decision under the bill. We end up deciding in a line item whether 
we are going to authorize any agency to move or not.
  The bill, in essence, says, and let me say it again, willing sellers 
have total control of any proceeding, unless Congress, by direct action 
in a direct separate line item, appropriates and authorizes a taking. 
The notice is simply to make sure we know what is going on. It is a 
good provision of the law, not a bad one.
  Mr. Chairman, I reserve the balance of my time.

                              {time}  1130

  Mr. GEORGE MILLER of California. Mr. Chairman, I yield myself 2 
minutes.
  Mr. Chairman, I think the gentleman from Louisiana (Mr. Tauzin) has 
clearly made the case. The rights of landowners are dramatically, 
dramatically improved under this legislation in the event that an 
agency would seek condemnation. The rights of the Members of Congress 
are dramatically improved under this legislation. The rights of the 
mayors and the city councils, the boards of supervisors, county 
government are dramatically improved. The governor, for the first time, 
has full notification. Every political subdivision in and around the 
considered land has full notification.
  None of that is required under today's law. And why is that there? 
Because people concerned about these issues in the negotiating sessions 
and in the committee expect a very deep and serious concern about what 
is a very serious power of the Government to condemn.
  But the fact of the matter is, in some instances, very, very rarely, 
the Federal Government may resort to condemnation. My colleagues would 
not think for a minute of putting this requirement on the U.S. Army as 
they want to deal with Ft. Irwin and they want to start acquiring 
property lands for bombing ranges. My colleagues would not think for a 
minute of putting this in the Department of Highways as they acquire 
land for the development of highways. They would not think for a minute 
of putting this in the Department of Energy if they were seeking to 
locate a lab or expand one of our national labs that we have in 
California.
  But they sure as heck want to make sure that the property owners, 
them as Members of Congress, their local officials are not identified 
and aware of that. And then the Secretary has to say why, and this is 
the superior route, that there is not an alternative, that there is not 
comparable lands.
  All of those things today at the insistence of people advocating the 
rights of private individuals.
  The other thing the gentleman does here in his amendment is he now 
steps over and tells the States what to do. I mean, this is a real 
mixed bag here. I can understand the concerns of the gentleman on the 
Fed, but he also now moves on to the States.
  Mr. Chairman, I yield 2 minutes to the gentleman from California (Mr. 
Farr).
  Mr. FARR of California. Mr. Chairman, I thank the gentleman for 
yielding me the time.
  Mr. Chairman, I ask the gentleman from California (Mr. Calvert), does 
he know what the problem with his language is? First of all, he is 
going to really muck up California law, because our State Constitution 
has had a long-standing and a well-litigated understanding of what 
adverse condemnation is.
  What the gentleman does, this is how he mucks up the legislation, and 
I do not think that was his intent, but he does it, he does not delete 
language in this legislation, he just adds to it.
  So with the provision that the gentleman from Louisiana (Mr. Tauzin) 
pointed out on page 31, starting with line 18, where the gentleman 
describes how land can be acquired, the gentleman then comes at the end 
of the bill and says ``none of the amounts

[[Page H2915]]

made available by this title may be used for adverse condemnation.''
  Now, the word the gentleman is adding in here which has never been 
put into law is what is ``adverse.'' They are going to have to have a 
finding of fact every time a person wants to sell property. Because 
most property, as the gentleman knows, is done by paper condemnation. 
That is, it is an advantage to the seller to go through a paper 
condemnation.
  Is that paper condemnation adverse or not? If it is adverse, they 
cannot use these funds. And what the gentleman is doing, I think he is 
trampling not only on well-established law of this country both at the 
Federal level and at the local level, but he is also trampling on the 
rights of property owners who may want to sell under adverse 
conditions.
  The gentleman defines that as ``may not be used.''
  In the bill, it says ``any property unless the owner of the property 
concurs with the acquisition or the acquisition of that property is 
specified by an act of Congress.''
  The gentleman has the adverse condemnation as an issue of fact of 
what is adverse or not adverse.


                Announcement by the Chairman Pro Tempore

  The CHAIRMAN pro tempore (Mr. LaTourette). The Chair would remind all 
Members that comments made during the debate should be directed to the 
Chair and not to other Members in the second person.
  Mr. CALVERT. Mr. Chairman, I yield myself 15 seconds to only say that 
the coercive power of the Government to recommend condemnation in 
itself has a destructive effect on the value of property.
  Mr. Chairman, I yield 1\1/4\ minutes to the gentleman from Georgia 
(Mr. Kingston).
  Mr. KINGSTON. Mr. Chairman, I thank the gentleman for yielding me the 
time.
  Mr. Chairman, I think to understand the Calvert amendment, what we 
really need to do is go back to the basic philosophy of the bill, which 
is to say that the $5.4 trillion debt ridden national government is 
going to take $3 billion a year and give that to the State governments 
and other Federal government for land buying. Even though the State 
governments have a 70-billion surplus, we are going to take our money 
and give it to these cash-risk States.
  Now, what the Calvert amendment does say is, okay, even under that 
crazy logic, let us try to put some common sense in it and say that, 
under this any-willing-buyer clause, they need to make sure that it 
really means any willing buyer. Because the bill clearly says, or, if 
by act of Congress, Congress decides to buy something, it does not 
matter if they are willing or not, they are going to come after them. 
The Calvert amendment addresses that, number one.
  Number two, what it says is that the State governments are not 
governed by the any-willing-buyer provision.
  All the Calvert amendment says is that, since we are giving the money 
to the State governments and it is Federal money that they will be 
using to purchase this land, we are simply saying that they should have 
to go by the any-willing-buyer provision.
  This is a private property issue. This is a fundamental 
Constitutional right of Americans. This is a no-brainer. I do not think 
we should even have a vote on it. I encourage people just to accept 
this amendment and let us move on.
  Mr. TAUZIN. Mr. Chairman, I yield myself such time as I may consume.
  Mr. Chairman, let me say simply to my friend the gentleman from 
California (Mr. Calvert) that the line he refers to on page 33 is a 
notice requirement of the lands that are requested of Congress to act 
upon, the lands in which in fact Congress is being asked to appropriate 
money and to take.
  In those cases, it helps us to know what they want to do. They cannot 
do it without Congress knowing. They have got to notify us. That is all 
this section does. Even if the language of the gentleman was adopted, 
Congress would have the right, as the gentleman knows, next year to 
approve an expropriation of some property with Federal money. It is not 
going to stop that.
  The bill protects willing sellers completely, gives them the right to 
use this process to get the best deal. It is a much better version of 
what the gentleman is trying to do than the language he has submitted.
  I urge Members to reject this amendment.
  Mr. CALVERT. Mr. Chairman, may I inquire as to how much time is 
remaining?
  The CHAIRMAN pro tempore. The gentleman from California (Mr. Calvert) 
has 2\1/4\ minutes remaining. The gentleman from California (Mr. George 
Miller) has 1 minute remaining. The gentleman from Louisiana (Mr. 
Tauzin) still has 15 seconds remaining.
  Mr. CALVERT. Mr. Chairman, I yield 1\1/2\ minutes to the gentleman 
from California (Mr. Pombo).
  Mr. POMBO. Mr. Chairman, I thank the gentleman for yielding me the 
time.
  Mr. Chairman, I would have to say to my friend the gentleman from 
Louisiana (Mr. Tauzin) that I wish the property rights language in the 
bill did what he says it does. Because he knows that we both worked 
extremely hard to try to get to that point and, unfortunately, that is 
not where we are.
  The language that is actually in the bill when it comes to 
condemnation leaves one very big loophole, and that is that unless it 
is authorized by an act of Congress, which is a huge loophole. What it 
says is that under the generic authorization of the National Park 
Service, the Bureau of Land Management, the Forest Service, it allows 
condemnation. Therefore, condemnation is allowed in the bill.
  That is identified in the bill on page 33 when it talks about taking 
land by adverse condemnation. It is identified in the bill. It is quite 
clear why this was put in. I was part of the negotiations, and we all 
know why it was put in, because it was insisted that the Government be 
allowed that their right of condemnation be protected. And that is why 
it is in the bill.
  Now, what the gentleman from California (Mr. Calvert) is doing is he 
is saying that if the States are going to take land that they should 
not be allowed to take the land by condemnation.
  The fifth amendment of the Constitution was put in place to protect 
the property rights of individuals. It is a Federal issue. And there is 
no way around that. It is our responsibility to stand up for the 
property owners.
  The CHAIRMAN pro tempore. The gentleman from California (Mr. George 
Miller) has 1 minute remaining. The gentleman from Louisiana (Mr. 
Tauzin) has 15 seconds remaining and the right to close. The gentleman 
from California (Mr. Calvert) has three-quarters of a minute remaining.
  Mr. GEORGE MILLER of California. Mr. Chairman, I yield my remaining 
time to the gentleman from Louisiana (Mr. Tauzin).
  Mr. CALVERT. Mr. Chairman, I yield myself the balance of the time.
  Mr. Chairman, this is a simple amendment which requires that a seller 
be a willing seller. This is as simple as that. Everyone here agrees 
that that is what they want. They want willing sellers. Well, then, I 
would suggest that they accept this amendment.
  The fact that a list can be made up of sellers' property somewhere, 
trust me, will have an adverse effect on the values of that property. 
And then to have the Government come back and negotiate to acquire that 
property from a so-called willing seller in itself is quite remarkable 
in this country.
  I think that this is a workable way to resolve this issue. I would 
hope that my colleagues would support this, and this would make it I 
think a much better bill.
  Mr. TAUZIN. Mr. Chairman, I yield myself the balance of the time.
  Mr. Chairman, let me first answer my friend the gentleman from 
California (Mr. Pombo). Look at page 31. It provides that the money may 
be not expended except for those acquisitions that are specifically 
referred to and approved in an act of Congress. The bill requires that 
every act of purchase be specifically identified in an appropriation by 
an act of Congress, in fact, in a line item specifically referred to, 
not in any kind of a report language but in the bill, in the act of 
Congress.
  Secondly, the bill contains a statement of our basic property rights 
in the fifth amendment that no property can be taken without 
compensation. But do not be kidded about that. It is in the bill.
  Third, let me read the clear language of the bill. The clear language 
of the bill ``willing seller requirement: The

[[Page H2916]]

Federal portion may not be used to acquire any property unless (a) the 
owner of the property concurs in the acquisition,'' and that means the 
owner can object to any condemnation, ``or, Congress itself decides to 
take the property.''
  Congress always has that right whether the amendment of the gentleman 
passes or not. What we have done is given the willing seller total 
control of the situation unless Congress supersedes it with a direct 
appropriation and taking. The willing seller has total control, can 
object to the condemnation or use it if it helps him get a better 
selling price.
  The amendment should be rejected.
  The CHAIRMAN pro tempore. All time for debate has expired.
  The question is on the amendment offered by the gentleman from 
California (Mr. Calvert).
  The question was taken; and the Chairman pro tempore announced that 
the noes appeared to have it.
  Mr. CALVERT. Mr. Chairman, I demand a recorded vote.
  The CHAIRMAN pro tempore. Pursuant to House Resolution 497, further 
proceedings on the amendment offered by the gentleman from California 
will be postponed.
  Mr. DICKS. Mr. Chairman, I ask unanimous consent to strike the last 
word.
  The CHAIRMAN pro tempore. Is there objection to the request of the 
gentleman from Washington?
  There was no objection.
  The CHAIRMAN pro tempore. The gentleman from Washington is recognized 
for 5 minutes.
  Mr. DICKS. Mr. Chairman, I have a point of clarification related to 
title II of the bill.
  Mr. Chairman, as the gentleman and I both know, this bill makes 
available $450 million each year for Federal land acquisitions under 
the Land and Water Conservation Fund. While I am reticent about doing 
this through a permanent appropriation, I am pleased that the 
legislation specifies that these funds may only be expended for 
purchases which are included in a list of acquisitions which is 
approved by Congress in an annual appropriations bill.
  There is some confusion, however, about how the final list of land 
acquisitions will be determined. Under this bill, the process begins 
with a list submitted by the Secretaries of Interior and Agriculture. 
It is my understanding, however, that the list transmitted to the 
Congress is just the executive branch's proposal. The Committee on 
Appropriations would be obliged to review this list but then would 
recommend to the House those acquisitions which it considered to be the 
highest priority in the amounts that it considered prudent. It could 
add projects, delete projects, or change amounts allocated to any 
project based on its best judgment.
  In short, my reading is that the Secretary's list is just a proposal 
and that the committee has broad authority in making recommendations to 
the House on how the $450 million for land acquisition will be 
allocated among competing needs.
  Is this also the understanding of the gentleman?
  Mr. TAUZIN. Mr. Chairman, will the gentleman yield?
  Mr. DICKS. I yield to the gentleman from Louisiana.
  Mr. TAUZIN. Mr. Chairman, the gentleman is correct. The list the 
administration is required to submit each year through CARA is only a 
request.

                              {time}  1145

  The Committee on Appropriations will have the final say for Federal 
Land and Water Conservation projects and acquisitions when it decides 
whether or not to approve each new tract requested by Federal LWCF 
acquisition.
  The CHAIRMAN pro tempore (Mr. LaTourette). It is now in order to 
consider amendment No. 20 printed in House Report 106-612.


            Amendment No. 20 Offered by Mr. Hill of Montana

  Mr. HILL of Montana. Mr. Chairman, I offer an amendment.
  The CHAIRMAN pro tempore. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 20 offered by Mr. Hill of Montana:
       At the end of title II (page 44, after line 11) add the 
     following (and make appropriate conforming amendments):

     SEC.     . REQUIREMENTS FOR ACQUISITION OF LANDS IN MONTANA 
                   WITH FEDERAL PORTION.

       Section 7 (16 U.S.C. 460l-9) is further amended by adding 
     at the end the following:
       ``(h) Requirements for Acquisition of Lands in Montana.--
       ``(1) In general.--The Federal portion may not be used by 
     the Secretary of the Interior or the Secretary of Agriculture 
     to acquire lands in the State of Montana until the Secretary 
     of the Interior and the Secretary of Agriculture issue a plan 
     in accordance with this subsection.
       ``(2) Plan requirements.--The Secretary of the Interior and 
     the Secretary of Agriculture shall jointly develop and issue 
     a plan for acquisition and disposal of lands in the State of 
     Montana that will result in consolidation of private lands 
     and Federal public lands. The plan shall be designed to 
     ensure that--
       ``(A) acquisitions of lands with the Federal portion 
     consolidate Federal ownership of lands in Montana under the 
     administrative jurisdiction of the Department of the Interior 
     and the Department of Agriculture; and
       ``(B) any increase in the total acreage of lands in Montana 
     under the administrative jurisdictions of those Departments 
     that results from acquisitions of lands with the Federal 
     portion is de minimis.''.

  The CHAIRMAN pro tempore. Pursuant to House Resolution 497, the 
gentleman from Montana (Mr. Hill) and a Member opposed, each will 
control 5 minutes.
  The Chair recognizes the gentleman from Montana (Mr. Hill).
  Mr. HILL of Montana. Mr. Chairman, I yield myself 3 minutes. This is 
an amendment, Mr. Chairman, that addresses a problem that is specific 
to Montana. Like most of the western States, much of the State of 
Montana is owned by the Federal Government. But what is unique to the 
problem in the State of Montana is that this land is owned in a 
checkerboard ownership pattern. The consequence of that is it makes it 
virtually impossible for us to manage the private and the public lands 
in the State of Montana.
  It makes it very difficult to deal with the environmental impacts of 
activity on those lands; it makes it very difficult to manage the 
resources on those lands, it creates a lot of conflicts in the land as 
private landowners seek access through public lands to get to their 
land, or the public seeks access across private lands to get to public 
lands. Montana today ranks last in the Nation in per capita income. 
That is a decline from, at one time we were 12th in the Nation not long 
ago. This is substantially a consequence of the change in the 
management of the public lands. What this amendment does is it requires 
the secretaries of agriculture and interior to develop a long-range 
plan, to identify what lands they want to purchase or exchange, what 
lands should be available for sale. It allows them to bring mineral 
interests into that equation. And it directs them to do that in a way 
that would have a de minimis impact on how much of the Federal lands 
there are in Montana.
  There are about 93 million acres in Montana. 19 million of those are 
owned by the U.S. Forest Service. That is an area that is approximately 
equal to the State of Maine. 8 million of those acres are owned by the 
BLM. That is equivalent to the combined areas of Connecticut and 
Massachusetts. 1.2 million acres is owned by the National Park Service, 
another 600,000 by the Fish and Wildlife Service. That is about a third 
of Montana that is directly owned.
  In addition to that, the Federal Government manages through the BIA 
another 11.8 million acres of trust lands, Indian trust lands. But on 
top of all that, the BLM owns subsurface interests in the State of 
Montana of another 37.8 million acres. To put that into perspective, 
the Federal Government controls lands in the State of Montana that is 
about equal to all of the New England States added together. It is 
owned in a checkerboard pattern.
  I have helped support efforts before this Congress to use the LWCF to 
purchase lands. I have worked with the ranking member and the chairman 
on exchange bills, and I have worked hard to accomplish the goals of 
trying to find a way to consolidate lands to improve the management. 
But Montanans believe that the Federal Government controls and owns 
more land in the State of Montana than they ought to. They also believe 
that we need to consolidate those lands to improve its management and 
to create opportunities to lift us from the bottom of the economic 
barrel. Montana is a very special place. I am privileged to have

[[Page H2917]]

the opportunity to represent it. But as we just acquire lands which, is 
what the bill before us now would do, it erodes our tax base, it 
undermines our economy. I would urge my colleagues to support it.
  Mr. Chairman, I reserve the balance of my time.
  Mr. TAUZIN. Mr. Chairman, I seek the time in opposition.
  The CHAIRMAN pro tempore. The gentleman from Louisiana (Mr. Tauzin) 
is recognized for 5 minutes.
  Mr. TAUZIN. Mr. Chairman, I yield 2\1/2\ minutes to the gentleman 
from California (Mr. George Miller) and I ask unanimous consent that he 
be permitted to control that time.
  The CHAIRMAN pro tempore. Is there objection to the request of the 
gentleman from Louisiana?
  There was no objection.
  Mr. TAUZIN. Mr. Chairman, I yield myself such time as I may consume. 
Let me first thank my friend for the great work he did at the committee 
level and with all of us in trying to negotiate as many pro-property 
rights provisions in this bill as I think we have been able to 
negotiate.
  Let me secondly concede to him that the checkerboard land ownership 
pattern in the west is something that, frankly, I hope this bill helps 
in a big way to end and to ease.
  Third, to indicate to him that he knows that I have favored, in fact 
we have included language in the bill that will encourage land swaps 
and surplus land sales as opposed to new acquisitions in States that 
are already heavily owned. But what is good for Montana may not be 
exactly as good for Nevada, or Nevada as good for Montana, but the 
problems are common in all those States in terms of the high percentage 
of State and federally-owned property.
  That is why when the bill was written, we set as a top priority that 
the government must seek, number one, to consolidate Federal land 
holdings in the States with checkerboard Federal land patterns. That it 
must, two, consider the use of equal value land exchanges where 
feasible and suitable as an alternative to land acquisition. That it 
must consider easements over acquisitions wherever possible. And even 
on page 33, we require the secretary to submit to us annually a list of 
those lands that the secretary has identified as surplus and eligible 
for disposal.
  There is a lot of language in the bill that moves in the direction 
the gentleman wants without setting up a special case of no net gain 
for one State. I would encourage, therefore, that this amendment be 
rejected, because, in fact, the bill provides relief for all States 
commonly situated rather than setting up a special plan for Montana 
with, in effect, a no net gain provision.
  Again, I sympathize with the gentleman's problems in those States as 
we all have and we have written language, I think, that addresses in a 
large way a resolution of many of those problems. I urge a rejection of 
this amendment.
  Mr. Chairman, I reserve the balance of my time.
  Mr. GEORGE MILLER of California. Mr. Chairman, I yield myself such 
time as I may consume. The gentleman from Montana and I have talked 
about this problem for some time. Again, this is a problem that I think 
Members from other parts of the country have to be sensitive to. But 
the idea of prohibiting any Federal land acquisition until this study 
is done and that the outcome of the study has to be a de minimis 
change.
  As the gentleman knows when he did the Gallatin, we worked very hard 
on the Gallatin exchange because we were exchanging some really good 
timberlands for some cutover lands that needed a lot of rehabilitation 
and restoration, stream restoration and all those other things. The 
Federal Government ended up with a lot more land than it gave because 
of the value of those lands. I do not know if that is de minimis or 
not. I do not think we should get into that argument.
  Mr. Chairman, I would be glad to give him the study. If he wants a 
study of land patterns and land ownerships and disposals and all the 
rest of it, that would be fine. Right now I do not know of any plans 
for Federal acquisition, unless there is something right on the edge of 
Yellowstone that has to do with some church-owned property that may be 
for sale, some of the farmers think we should buy because the bison 
would go there.
  I do not know that much about it. He does not have any bills in and I 
do not think we have any other bills in front of our committee. If he 
wants to have the department make a full-blown study here and tell the 
people of Montana what their plans are, I do not have any problem with 
that. But prohibiting this, in all likelihood, he does not need the 
prohibition and he could still get the study done.
  Mr. HILL of Montana. Mr. Chairman, will the gentleman yield?
  Mr. GEORGE MILLER of California. I yield to the gentleman from 
Montana.
  Mr. HILL of Montana. Mr. Chairman, I think I identified that the 
Federal Government controls or owns about 79 million acres. Actually 
the BLM has done a study. They identified 75,000 acres that potentially 
would be available. 75,000 out of 79 million. The reason that they do 
not have any incentive to offer any more lands is because they can just 
continue to purchase them. I am as guilty as others. I have supported 
land acquisitions and exchanges that have added to the total amount of 
land. But at some point, we cannot just consolidate the public land. We 
also need to work to consolidate the private land holdings because 
those resources are important to the economy and the opportunities of 
the people of the State of Montana. The bill does not do that.
  Mr. GEORGE MILLER of California. Let me reclaim my time. The man 
sitting next to the gentleman has the authority to do this. If the 
study has been done and you want to review it and you want some action 
on the study, the committee is available for that. I do not pretend to 
speak for the chairman. But putting in this prohibition just is not 
going to work.
  Mr. HILL of Montana. Mr. Chairman, I yield myself the balance of my 
time.
  First, at the end I will ask the chairman, of course, to do the 
study. But beyond the study is the emphasis that the secretaries need 
to have, that any plan has to put the emphasis on consolidation of 
private lands and eliminating public lands. I want to make one other 
point here. That is, that while the bill provides for exchanges of 
land, the bill, CARA, does not provide for the exchanges of mineral 
interests in the land. This amendment would provide that. I pointed out 
to Members that there are 37 million acres in the State of Montana 
where the BLM has subsurface rights but not surface rights. Those 
subsurface interests also ought to be incorporated into any effort to 
consolidate lands.
  There are many things that I like about this bill. I have expressed 
concerns about the lack of sufficient protection for property rights. 
But I also believe the bill does not go far enough to set forward a 
plan on when do we buy land, why should we buy land, how is that going 
to impact the communities that are associated with that. That is what 
this amendment would do.
  Yes, this amendment is specific to Montana. But there was an 
amendment earlier where the gentleman from California had a provision 
in this bill that was specific to his district for a specific need. I 
am simply suggesting that Montana deserves an equal standing. This bill 
addressed a specific concern in Louisiana, coastal areas and provides 
$1.5 billion for that purpose, $1.6 billion for California, $800 
million for Alaska.
  I do not think that it is unfair for the people of Montana to ask 
that they be treated equitably in this bill addressing a unique problem 
with a specific solution and a mechanism to do that that protects the 
important wildlife values, the important environmental values, but also 
recognizing the importance of the economic benefits and opportunities 
to the people of Montana.
  Mr. GEORGE MILLER of California. Mr. Chairman, will the gentleman 
yield?
  Mr. HILL of Montana. I yield to the gentleman from California.
  Mr. GEORGE MILLER of California. Mr. Chairman, the gentleman may be 
able to have his cake and eat it too. As the gentleman from Louisiana 
(Mr. Tauzin) has read the language, it is highly unlikely that there is 
going to be condemnation or Federal purchases in Montana.
  The CHAIRMAN pro tempore. The time of the gentleman from Montana (Mr. 
Hill) has expired.

[[Page H2918]]

  Mr. GEORGE MILLER of California. Mr. Chairman, is there a way to get 
the gentleman 30 seconds so he could respond?
  The CHAIRMAN pro tempore. The gentleman from Louisiana (Mr. Tauzin) 
has 30 seconds remaining.
  Mr. TAUZIN. Mr. Chairman, I yield the balance of my time to the 
gentleman from Montana (Mr. Hill).
  Mr. GEORGE MILLER of California. Mr. Chairman, if the gentleman will 
yield, in all likelihood you are not going to have Federal land 
acquisitions. So if you struck section 1, then you would get your cake 
and eat it, too, because you get your study under the terms and 
conditions that you have set forth.


    Modification to Amendment No. 20 Offered by Mr. Hill of Montana

  Mr. HILL of Montana. Mr. Chairman, I ask unanimous consent to strike 
section 1 and offer the amendment with that section struck.
  The CHAIRMAN pro tempore. Is there objection to the request of the 
gentleman from Montana?
  Mr. YOUNG of Alaska. Mr. Chairman, reserving the right to object, I 
do not believe I will object. We are looking at the language right now. 
I think my staff agrees with it. The gentleman means paragraph 1, is 
that not correct?
  Mr. HILL of Montana. If the gentleman will yield, that is correct.
  Mr. YOUNG of Alaska. It would be paragraph 1.
  Mr. GEORGE MILLER of California. If the gentleman will yield, where 
it says ``in general.'' Lines 7 through 12.
  Mr. HILL of Montana. Yes, that is my unanimous consent request.
  Mr. TAUZIN. Mr. Chairman, reserving the right to object just to make 
sure. If what remains of the bill is section 2, the language says that 
not only do you get a study, it has to result in a certain outcome. I 
just want to point that out in terms of the negotiations here. I 
realize that the gentleman is saying our friend from Montana ought to 
have his study, but I would caution the chairman to look at the 
language in section 2 that says the study has to produce a specific 
outcome.
  Mr. YOUNG of Alaska. If the gentleman will yield, I am going to 
suggest because there is some type of cooperation occurring here, if 
the gentleman will assure me that he is going to enthusiastically 
support the bill, I am willing to accept that part of the provision 
with the understanding that you and I are going to work together.
  Mr. HILL of Montana. You would have to strike the provision 
enthusiastically.
  Mr. YOUNG of Alaska. I will ask you directly, quietly.
  Mr. HILL of Montana. As I have told the chairman in the past, if I 
can have this provision in the bill, that I would be willing to support 
the bill.
  Mr. YOUNG of Alaska. And be willing to work with me to try to make 
sure that this is balanced out correctly?
  Mr. HILL of Montana. I would commit to that.
  Mr. YOUNG of Alaska. Is that agreeable to the gentleman from 
California?
  Mr. GEORGE MILLER of California. Yes.
  Mr. YOUNG of Alaska. In that case we will accept his original 
proposal striking and accept the rest of the amendment.
  The CHAIRMAN pro tempore. If the horse trading is done and we could 
back up for a second.
  Mr. YOUNG of Alaska. I know we are on television, but I will trade 
horses anyplace in the street, believe me.
  The CHAIRMAN pro tempore. The Clerk will report the modification.
  The Clerk read as follows:
  Modification to amendment No. 20 offered by Mr. Hill of Montana:
  In the matter proposed, strike out line 7 through line 12.
  The CHAIRMAN pro tempore. Is there objection to the modification?
  There was no objection.
  The CHAIRMAN pro tempore. The amendment is modified.
  The question is on the amendment offered by the gentleman from 
Montana (Mr. Hill), as modified.
  The amendment, as modified, was agreed to.

                              {time}  1200

  The CHAIRMAN pro tempore (Mr. LaTourette). It is now in order to 
consider amendment No. 21 printed in House report 106-612.


                 Amendment No. 21 Offered by Mr. Buyer

  Mr. BUYER. Mr. Chairman, I offer an amendment.
  The CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 21 offered by Mr. Buyer:
       Page 45, line 5, strike ``wildlife conservation 
     organizations,''.
       Page 47, line 1, strike ``wildlife conservation 
     organizations, and outdoor recreation and conservation 
     education entities''.
       Page 68, strike line 23 and all that follows down through 
     line 11 on page 69.

  The CHAIRMAN pro tempore. Pursuant to House Resolution 497, the 
gentleman from Indiana (Mr. Buyer) and a Member opposed each will 
control 5 minutes.
  The Chair recognizes the gentleman from Indiana (Mr. Buyer).
  Mr. BUYER. Mr. Chairman, I yield myself such time as I may consume.
  Mr. Chairman, I rise to offer an amendment to the Conservation and 
Reinvestment Act. My amendment would keep the private transactions of 
nonprofit, nongovernmental conservation groups a private matter by 
stopping government money from going to these groups for the purpose of 
purchasing conservation easements.
  We all share the goal of promoting conservation of our natural 
resources, and we all understand the importance of passing these 
resources from one generation to the next. But private environmental 
groups do not need the Federal Government's support. Nonprofit groups 
are already acquiring land for preservation purposes without government 
support. Private organizations are raising hundreds of millions of 
dollars each year which donors can take as a deduction on Federal 
taxes. In fact, according to the IRS and Philanthropic Research, 
Incorporated, the 10 largest environmental nongovernmental 
organizations have a combined annual revenue of over $1 billion.
  Now, what these groups do with the money they raise is their own 
business. If they want to purchase conservation easements, that is 
great. But they should not expect the Government to fund their 
activities. As currently written, CARA allows nonprofit environmental 
groups to acquire land, hold title and enforce easements, while 
Washington picks up half the tab.
  The funding of private groups for conservation easements is an 
unnecessary expansion of government. At a time when we should be 
holding the line on the amount of money that Washington spends and the 
influence it has over our people, it makes no sense to create a $100 
million program to fund work that is already being done in the private 
sector. Moreover, Federal support of conservation easements is a back-
door way of the Government to control even more land and exercise land 
use policies in a quasi-governmental function.
  The Federal Government already owns 670 million acres of land, about 
one-third of the land in the United States, land that it cannot 
properly maintain. Federal funding of private groups' land acquisition 
is another way for government to promote restrictions on land use 
without actually having to purchase the land.
  Now, there is a bit of confusion based on what has been shared among 
Members between the minority and the majority about what is actually in 
the bill and how it mirrored exactly what was taken out of the 1996 
farm bill, Freedom to Farm. I would like to clarify. The 1996 farm bill 
included a program, the Farmland Protection Program, or FPP, intended 
to keep farmland in agricultural production. The program featured 
Federal funds to assist with the purchase of easements that would 
permanently restrict the use of land agriculture. Under the program, 
private nonprofit groups could receive Federal funds if they were 
partnered with a government entity and only for the purpose of keeping 
farmland in agricultural production. The money flows from the Federal 
Government to the State or local government entity, which in turns 
channels it to the private partnering groups. Under the FPP, there is 
no direct pipeline to these groups from the Federal Treasury.
  Now, what is in CARA that is different from the Freedom to Farm? 
Under title VII of CARA, there are two significant and troubling 
differences. First, under the CARA provision, private, nonprofit groups 
do not have to be partnered with a government entity.

[[Page H2919]]

 This means that for the first time, these groups have a direct 
pipeline to the Federal Treasury for the purposes of acquiring 
easements. The second difference and significant difference is that 
under CARA, the easements have been expanded to include general 
conservation purposes, such as wildlife preservation as opposed to 
simply keeping farmland in agricultural production.
  A second area of confusion is about the impact that our amendment 
would have on private, nonprofit groups under FPP. Some of the groups 
are concerned that our amendment would take away funding that they 
currently receive or jeopardize future funding under the FPP. This 
notion is mistaken. Our amendment only impacts CARA. If adopted, our 
amendment would not take away any of the nonprofit groups' funding 
under the FPP or impose further restrictions on their activities. We 
simply are preventing them from building a direct pipeline to 
government money under CARA and from using money for nonagricultural 
purposes. Under our amendment, these groups could still receive Federal 
funds if they partnered with a government entity.
  Mr. Chairman, I reserve the balance of my time.
  Mr. UDALL of Colorado. Mr. Chairman, I rise in opposition to the 
amendment, and I yield myself such time as I may consume.
  Mr. Chairman, this amendment is intended to prohibit nonprofit 
organizations from using funds under the bill to acquire conservation 
easements. This would be exactly the wrong thing to do. Let me talk a 
little bit about what is going on in Colorado.
  In Colorado, we have the Colorado Cattlemen's Agricultural Land 
Trust, which helps ranchers and other property owners to avoid the need 
to sell their lands to developers. In fact, if we look at their 
brochure that they put out, that gives a lot of great examples of 
easement purchases, and they specifically talk about the fact that 
cattlemen formed the trust so that easements could be held by private 
parties. They want private sector control. This amendment would 
eliminate that possibility.
  We also have organizations like the Continental Trails Alliance, 
which can acquire easements instead of having to purchase full fee 
interests in lands and that makes them able to make effective use of 
their limited funds.
  When we look throughout the country, we have soccer clubs and other 
nonprofit groups that are acquiring easements that makes it much more 
feasible for those communities to provide recreation areas for soccer 
and for open-space recreation and to help deal with the sprawl that is 
consuming so much of our precious open space.
  So this bill helps these groups carry out these vital activities. 
This amendment would make it much more difficult, if not impossible, 
for them to do that. For that reason, we should reject the amendment.
  Mr. Chairman, I reserve the balance of my time.
  The CHAIRMAN pro tempore. The gentleman from Indiana (Mr. Buyer) has 
1\1/2\ minutes remaining.
  Mr. BUYER. Mr. Chairman, I reserve the balance of my time.
  Mr. UDALL of Colorado. Mr. Chairman, I would inquire as to the time 
remaining.
  The CHAIRMAN pro tempore. The gentleman from Colorado (Mr. Udall) has 
3\1/2\ minutes remaining.
  Mr. UDALL of Colorado. Mr. Chairman, I yield 2 minutes to the 
gentleman from California (Mr. Farr).
  Mr. FARR of California. Mr. Chairman, I thank the gentleman for 
yielding me this time.
  I represent probably one of the most productive agricultural 
communities in the United States. Our county alone produces 55 crops. 
We do about $2.4 billion in sales. This is the County of Monterey and 
the Salinas Valley, also known as Steinbeck country because that is the 
area that John Steinbeck wrote about.
  What is happening with the land use pressures in California where we 
have 33 million people in the State; we are growing very fast, and for 
these productive agricultural lands, the farmers are getting together. 
As the gentleman from Colorado (Mr. Udall) indicated, we also have the 
California Cattlemen's Association, which has created a private 
nonprofit to allow the transfer of a lot of easements, because that way 
the land still stays in private ownership, only what one is selling is 
the development rights.
  Now, what the gentleman's amendment would do is just prohibit these 
wonderfully new inventive tools that have been used by the private 
sector, by willing sellers. Nobody comes in and takes these things. Why 
they are so creative is that it allows the family that owns the land to 
have some income that relieves some of the pressures for ownership and 
some of the liabilities for ownership so that they are not taxed on 
best use and all of that. The gentleman's amendment would just not 
allow these people to be recompensated for those efforts.
  Now, what happens in land use, it is sort of like when one is trying 
to build housing. We do not just do this with one single source of 
revenue. What happens in California is that a lot of these, 
particularly in the farmland areas, is it is private money coming out 
of farmland trust. People give private contributions. It comes out of 
foundation money, conservative organizations like Hewlett and Packard 
Foundations. These are private sources money which are matched, 
oftentimes with local, like county money or State money that comes; we 
just passed a bond act in California that authorizes this.
  The gentleman is saying that we cannot pool any of that money with 
Federal money under this program and allow this to continue. I know 
what the gentleman is getting at, is that these organizations should 
not be compensated as real estate agents, but frankly, they are doing 
the real estate business under willing sellers. I think it is a bad 
amendment.
  Mr. BUYER. Mr. Chairman, I yield myself such time as I may consume.
  I would say to the gentleman, I come from a district that represents 
20 counties of Indiana, one of the largest districts that is to the 
east of the Mississippi, with a strong agricultural base. I would 
disagree with the gentleman's assertion that somehow this prevents 
private organizations from purchasing lands, purchasing those easements 
and doing what they want with it.
  What I am saying is, if the sponsors of this bill sell the bill to 
the Members of this body by saying oh, what we have done is just took 
exactly what was in Freedom to Farm and placed in the bill, and I am 
going to clarify this with the chairman, then we have a problem.
  The CHAIRMAN. The time of the gentleman from Indiana (Mr. Buyer) has 
expired.
  The gentleman from Colorado (Mr. Udall) has 1\1/2\ minutes remaining.
  Mr. UDALL of Colorado. Mr. Chairman, I yield such time as he may 
consume to the gentleman from Alaska (Mr. Young).
  Mr. YOUNG of Alaska. Mr. Chairman, whoever is running this mike, they 
better start learning how to run it.
  Mr. Chairman, I want to clarify one thing. We believe, from the 
letters of the Committee on Agriculture, it was exactly the same, 
because we sent this bill to the committee and they worked on the 
committee through the exchange of letters.
  Now, if there is a misinterpretation, I do apologize, and I do 
believe the staff screwed up. But we are going to work on that part to 
make it work, that last provision.
  Now, the rest of the amendment disturbs me. This is my part of this 
bill, the wildlife restoration part. And what the gentleman does is 
eliminate the ability of Ducks, Unlimited, eliminate the ability of 
Safari International, the ability of those organizations that believe 
in wildlife restoration in participating in that program, with the 
gentleman's amendment.
  So I respectfully ask the gentleman to consider that, and let us work 
on that provision which, if the gentleman thinks I misled, I apologize, 
but I did not do it intentionally, because it came out of another 
committee. We will work on that provision as we go through this 
process. I will do that. But those other two provisions I adamantly 
oppose, and anybody who understands Ducks, Unlimited and Safari, they 
are the biggest contributors to wildlife restoration and sustainable 
yield of those species. I have to oppose the amendment as proposed, but 
I will

[[Page H2920]]

work with the gentleman on that last provision.
  Mr. BUYER. Mr. Chairman, if the gentleman will yield, I thank the 
gentleman from Alaska.
  Mr. UDALL of Colorado. Mr. Chairman, I yield myself the remainder of 
my time.
  I would echo what the chairman has suggested, but again I emphasize 
that this amendment would eliminate the opportunity for the private 
sector to be involved. In fact, CARA is constructed in a way that the 
private sector is fully involved in the holding of conservation 
easements.
  The CHAIRMAN pro tempore. The question is on the amendment offered by 
the gentleman from Indiana (Mr. Buyer).
  The amendment was rejected.
  The CHAIRMAN pro tempore. It is now in order to consider amendment 
No. 22 printed in House Report 106-612.


            Amendment No. 22 Offered by Mrs. Chenoweth-Hage

  Mrs. CHENOWETH-HAGE. Mr. Chairman, I offer an amendment.
  The CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 22 offered by Mrs. Chenoweth-Hage:
       Page 46, strike line 5, and all that follows down through 
     line 19 on page 47 (all of 302(d)).

  The CHAIRMAN. Pursuant to House Resolution 497, the gentlewoman from 
Idaho (Mrs. Chenoweth-Hage) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentlewoman from Idaho (Mrs. Chenoweth-
Hage).
  Mrs. CHENOWETH-HAGE. Mr. Chairman, I yield myself such time as I may 
consume.
  Mr. Chairman, this amendment strikes a provision in title III of the 
bill which opens the door for funding to go to organizations which 
engage in ``public outreach'' and species reintroduction and numerous 
other uses not currently in law. The amendment would keep in place 
current law.
  So, Mr. Chairman, I am really especially concerned that this 
definition will allow for the great expansion of the management of non-
game species that is contained in the present bill before the House. It 
will also allow funding for very highly controversial measures such as 
wolf and grizzly bear introduction as is occurring in my State of 
Idaho. But most egregious is the term ``public outreach,'' which makes 
organizations who engage in advocacy and lobbying eligible to receive 
funds under the Pittman-Pobertson act. This means that extreme 
organizations will be eligible for funds to actively lobby and advocate 
against activities such as hunting and recreational access.
  Now, again, Mr. Chairman, I would like to quote from Mr. Ray Arnett, 
who is the former President of the National Wildlife Federation and 
former Director of the California Fish and Wildlife Service. He said in 
his letter that CARA is a very dangerous bill. He said,

       Every owner of a ranch or a farm or wood lot or a game 
     preserve will be at risk of being targeted by not only 
     agencies, but organizations working in tandem with 
     environmental anti-hunting, animal rights pressure groups.

                              {time}  1215

  Ironically, since they hold the most desirable properties, the 
private landowners, who have been the most diligent caretakers of their 
holdings, will be on the top of the list for land grabs and government 
takeovers under this bill.
  CARA is destined to be a disaster for one of its intended 
beneficiaries, and that is, the sporting community of hunters and 
fishermen who are the true and most able conservationists in America. 
The unprecedented flood of money provided by CARA will enable buying 
and turning over to the government the private lands historically and 
currently used for hunting and fishing. This will subject the 
properties' sporting use to the whim of public opinion and a 
bureaucracy increasingly hostile to sport hunting, fishing, trapping, 
and gun ownership.
  CARA, he said, fits perfectly into the plans of the anti-hunting 
Animal Protection Institute, since it will provide the very revenue 
source outside of the sportsman-paid excise taxes to fund Pittman-
Robertson.
  There is no question that animal rights advocates will target for 
acquisition fish and game clubs, leases, and other private land where 
the taking of renewable wildlife resources is permitted. Once the land 
is purchased and under government control, these well-funded anti-
sportsmen groups will lobby Congress and government agencies for the 
elimination of any consumptive use of wildlife resources. This is a 
correction that needs to be made to this bill.
  Mr. Chairman, I reserve the balance of my time.
  Mr. YOUNG of Alaska. Mr. Chairman, I rise to claim the time in 
opposition to the amendment.
  The CHAIRMAN pro tempore (Mr. LaTourette). The gentleman from Alaska 
(Mr. Young) is recognized for 5 minutes in opposition.
  Mr. YOUNG of Alaska. Mr. Chairman, I yield myself such time as I may 
consume.
  Mr. Chairman, the gentlewoman's amendment, if it had been narrow, 
would have been somewhat easier to look at and maybe understand, but it 
is so broad that it concerns me, because she strikes all the 
definitions, including the definition of ``wildlife-associated 
recreation.''
  In our negotiations, I worked very hard to include in that hunting 
and fishing to be considered as one of the recreation activities to 
occur on these lands. Under her amendment, by striking the definitions, 
it would give the Department of the Interior, the Secretary of the 
Interior, the ability to define what could occur on these lands. That 
is why I am worried about the amendment. It is so broad, it strikes 
everything. This, very frankly, is not the intent.
  I am a hunter. I am a fisherman. I am a person who participates in 
the outdoors for a great many hours. Every hunting group that has any 
recognition at all supports this bill. The one group that does not 
support it is the animal rights group. There is a little contradictory 
work there. In fact, I am going over here in a little while to talk to 
the Safari Club that is actively involved in promoting this 
legislation. Members may not like that, but that is the fact of life, 
because they are the best conservation organization in existence in 
this world today, and I will say that without any reservation, and they 
are supporting this overwhelmingly.
  I also recognize the importance and definition of activities that can 
include archery ranges and things like that. If we strike all these 
definitions, we really go to the problem of letting, again, the 
Secretary of the Interior make those decisions. I think that is 
incorrect.
  Mr. Chairman, I yield 2\1/2\ minutes to the gentleman from Colorado 
(Mr. Udall).
  Mr. UDALL of Colorado. Mr. Chairman, I thank my colleague for 
yielding time to me.
  Mr. Chairman, I oppose the amendment. I want to express the same 
sorts of concerns that my colleague, the chairman, the gentleman from 
Alaska (Mr. Young) expressed.
  It seems that while this proposed amendment may be intended to 
prevent title III funds from being used for public outreach, species 
reintroduction, and other uses not currently authorized in the law, it 
actually could have the opposite effect, is what the gentleman is 
suggesting.
  By deleting all the definitions in the title, that being title III, 
but maintaining the rest of the title, it establishes a new wildlife 
conservation program for the States with a variety of terms of 
reference that are not defined, including wildlife conservation 
project, wildlife recreation project, wildlife education project.
  The way I see it, if the amendment was passed the administration 
could write new regulations interpreting these provisions in any way 
they want. Potentially, they could determine that these projects could 
include public outreach or species reintroduction, which I think are 
the very things that the sponsor is attempting to prevent.
  Mr. Chairman, again, I think this would be ill-advised. I am opposed 
to the amendment.
  Mr. FARR of California. Mr. Chairman, will the gentleman yield?
  Mr. UDALL of Colorado. I yield to the gentleman from California (Mr. 
Farr).
  Mr. FARR of California. Mr. Chairman, I think the legislative process

[[Page H2921]]

and particularly the committee process is designed to draft legislation 
so that ambiguities are spelled out and worked out so that the bill as 
we enact it, as it becomes the law of this country, we can understand 
what it means.
  I think what the problem with this amendment is, and some of those 
that we have been speaking on today, I believe they are kind of 
reckless.
  This amendment deletes definitions. There is a whole section on 
definitions. If Congress has not defined what it means by the use of 
those funds, it leaves it up to others to define. As the gentleman from 
Colorado (Mr. Udall) and the gentleman from Alaska (Mr. Young) said, it 
leaves it up to the States to define it, it leaves it up to the 
Secretary of the Interior to define it, it leaves it up to an uncertain 
process.
  Frankly, when it comes to dealing with land, management of land, 
acquisition of land certainty is key. By this amendment, we eliminate 
the line that says, ``The term 'wildlife conservation and restoration 
program' means a program developed by a State Fish and Wildlife 
Department and approved by the Secretary.'' They delete that, so they 
can do it any way they want. They do not need it approved by the 
Secretary.
  It goes on to say, ``The term `wildlife-associated recreation' shall 
be construed to mean a project intended to meet the demand for outdoor 
activities associated with wildlife, including but not limited to 
hunting, fishing, wildlife observation, photography, such projects as 
construction or deconstruction of wildlife viewing areas, et cetera,'' 
they delete all that. They leave it up to vagaries and uncertainty. 
That is not good law. Bad amendment.
  Mrs. CHENOWETH-HAGE. Mr. Chairman, I yield myself the balance of my 
time.
  Mr. Chairman, this bill is sound, this amendment is sound. Let me 
just read what I believe is reckless in terms of what is included in 
the term ``conservation.''
  Normally, we would think of conservation as Teddy Roosevelt would, 
caring for the resources. But actually, here there are so many 
ambiguities in here that the term ``conservation'' means ``a standard 
that is desirable to sustain healthy populations, including all 
activities associated with scientific resource management.'' Whose 
science? That includes ``research, census, monitoring of populations,'' 
but another key word, Mr. Chairman, ``acquisition,'' acquisition. This 
falls under the definition of ``conservation.''
  So, Mr. Chairman, my amendment is simply put together to clear up the 
ambiguities. The term ``conservation'' has been widely used and widely 
understood, but it is being exceedingly broadened in this new bill. I 
would urge the support of this amendment.
  Mr. YOUNG of Alaska. Mr. Chairman, I yield myself such time as I may 
consume.
  Mr. Chairman, this amendment was written with the cooperation of not 
only the staff but cooperation of the outdoors coalition. It was 
written and reviewed. They are supporting this, those people who 
directly use this.
  I have things in here that a lot of people would not vote for. I have 
trapping, hunting, fishing. Those are the things I would like to see 
left in this bill because it is part of wildlife rehabilitation and 
wildlife restoration.
  Again, I suggest, respectfully, the amendment as offered is so broad 
it defeats all the purposes that we have worked for to try to have the 
wildlife included in this bill.
  The CHAIRMAN pro tempore (Mr. Quinn). All time has expired on the 
discussion of the amendment.
  The question is on the amendment offered by the gentlewoman from 
Idaho (Mrs. Chenoweth-Hage).
  The question was taken; and the Chairman pro tempore announced that 
the noes appeared to have it.
  Mrs. CHENOWETH-HAGE. Mr. Chairman, I demand a recorded vote.
  The CHAIRMAN pro tempore. Pursuant to House Resolution 497, further 
proceedings on the amendment offered by the gentlewoman from Idaho will 
be postponed.
  It is now in order to consider amendment No. 23 printed in House 
Report 106-612.


           Amendment No. 23 Offered by Mr. Udall of Colorado

  Mr. UDALL of Colorado. Mr. Chairman, I offer an amendment.
  The Chairman pro tempore. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 23 offered by Mr. Udall of Colorado:
       Page 70, line 14, strike ``and''.
       Page 70, strike the period on line 17 and all that follows 
     through line 22 and insert the following:

     ``, and
       ``(3) the Urban and Community Forestry Assistance Program 
     established under section 9 of the Cooperative Forestry 
     Assistance Act of 1978 (16 U.S.C. 2105).''.
       Page 10, line 21, after ``note)'' insert ``, the Urban and 
     Community Forestry Assistance Program established under 
     section 9 of the Cooperative Forestry Assistance Act of 1978 
     (16 U.S.C. 2105),''.

  The CHAIRMAN pro tempore. Pursuant to House Resolution 497, the 
gentleman from Colorado (Mr. Udall) and a Member opposed each will 
control 10 minutes.
  The Chair recognizes the gentleman from Colorado (Mr. Udall).
  Mr. UDALL of Colorado. Mr. Chairman, I yield myself 3 minutes.
  Mr. Chairman, I am offering this amendment not just on my own behalf, 
but on behalf of a number of other Members, including the gentlewoman 
from North Carolina (Mrs. Clayton), the gentleman from New York (Mr. 
Crowley), and the gentlewoman from California (Mrs. Napolitano).
  Mr. Chairman, the amendment is simple. It would add authority for the 
Secretary of Agriculture to use funds under the bill for urban and 
community forestry, in addition to the authority the bill provides for 
funding the farmland protection and forest legacy programs.
  The amendment would not require a specific level of funding, it would 
merely require and allow the Secretary to have the discretion to 
provide the program with some of the funds available under Title VII of 
the bill.
  The urban and community forestry program helps communities protect 
their air and water, save energy, increase property values, and create 
healthy environments by enabling the Forest Service to provide 
technical and financial assistance to local governments and to 
nonprofit organizations in partnership with the State forestry 
agencies.
  The program helps urban communities with tree planting and urban 
planning. It helps suburban communities like mine respond to the 
problems of growth and sprawl, and it helps rural communities, as well. 
For example, in the last fiscal year, the program assisted more than 50 
projects in Colorado. It helped dozens of communities of all sizes, 
from Lyons, Larkspur, and Leadville, to Dacono, Denver, and Dinosaur, 
and many others across our State.
  Besides local governments, such as Jefferson, Gunnison, and Eagle 
Counties, and many cities and towns, its partners included dozens of 
groups like Volunteers for Outdoor Colorado; Trees, Water, and People; 
the Denver Urban Resources Partnership; garden clubs, schools, and many 
others too numerous to list.
  The story is the same all across the country. In fact, nationally, 
more than 10,000 communities and some 7,000 volunteer organizations 
participate annually.
  The program operates on a partnership basis and Federal funds are 
heavily leveraged. In fact, $4 of private donations and in-kind 
contributions are involved for each dollar provided by the Federal 
government.
  We are still not meeting all of the needs out there. In fact, the 
Forest Service tells me that they have eight times more requests for 
assistance than they have resources to provide. So I think it just 
makes good sense to give the Department of Agriculture the ability to 
use some of these funds that would be made available by this bill to 
continue this important work.
  In short, I think adding this program would add a useful element to 
this good bill.
  Mr. Chairman, I reserve the balance of my time.
  The CHAIRMAN pro tempore. For what purpose does the gentleman from 
Alaska (Mr. Young) rise?
  Mr. YOUNG of Alaska. Mr. Chairman, I rise in opposition to the 
amendment.
  The CHAIRMAN. The gentleman from Alaska (Mr. Young) is recognized in 
opposition for 10 minutes.

[[Page H2922]]

  Mr. YOUNG of Alaska. Mr. Chairman, for the purpose of discussion, I 
yield such time as he may consume to the gentleman from California (Mr. 
Pombo).
  Mr. POMBO. Mr. Chairman, I rise in opposition to the amendment, not 
because I do not feel that this is a good program, because it is, and I 
have supported it in the past. At the same time, we have heard over the 
last 2 days repeatedly about the delicate balance that exists in this 
bill, and how important it is to hold the bill together and not accept 
any of the amendments.
  I had amendments that added money to urban parks, and all my friends 
voted against it. I had amendments that added money to endangered 
species recovery, and all my friends voted against it, including the 
chairman and those that are in favor of this particular amendment. They 
were all opposed to all the good things that we were trying to do to 
this bill.
  I would ask for a no vote on this particular amendment, because if 
there is such a delicate balance and if it is so important not to 
accept any amendments, then we should not accept this amendment.
  Mr. YOUNG of Alaska. Mr. Chairman, I yield myself such time as I may 
consume.
  Mr. Chairman, I would tell the gentleman, I am going to support the 
amendment, and the good gentlewoman from North Carolina (Mrs. Clayton).
  I think what we have to do is plant more trees. We also have to 
harvest them at the appropriate time, but there have to be more trees 
planted, because our forestry in the urban areas and in the rural areas 
is in decline because management has been very poor.
  I have to lecture a little bit here. There is a concept that trees 
last forever. They do not. We ought to recognize that, because they do 
the best to clean the air up. They are the one, true purifier of our 
air, and dead trees or old trees that have reached their maturity and 
have begun to die do not clear the air.
  I do not know how many read in the paper, we have a fire now in the 
Los Alamos area where there is a fire threatening our nuclear 
capability. We have to recognize that nature is well and good, but it 
is not necessarily as good as we can be in managing our forests.
  I have traveled to Sweden, I have traveled overseas, where they today 
have managed their forests over the years because they recognize the 
value of live trees and what they do and how they clean the air and how 
they help mankind live.

                              {time}  1230

  So I am in strong support of this amendment, and I want to tell the 
gentleman, we will be willing to accept the amendment. And because the 
gentleman is running the time, I guess he will not object to his own 
amendment. But I do want to suggest to my colleagues that we have to 
look at the big picture. This is part of the big picture.
  As far as the delicate balance, I have to tell the gentleman from 
California Mr. Pombo), my good friend, we have adopted five of the 
amendments that have been proposed to us. We have listened to the 
gentleman from Ohio Mr. Regula). We accepted one of his amendments. We 
have taken one from the gentleman from Montana Mr. Hill), the gentleman 
from New York Mr. Boehlert), and the gentleman from Indiana (Mr. 
Souder). So we have adopted amendments.
  So this debate has been very good, because we have listened to both 
sides. And where the amendments really can make sense, we have accepted 
them. But, again, I congratulate the gentleman from Colorado Mr. Udall) 
and the gentlewoman from North Carolina (Mrs. Clayton) on this 
amendment because I think it adds to the bill, and I hope the people of 
America recognize the importance of sound management, planting of new 
trees for the betterment of those people who live in the urban areas as 
well as the rural areas.
  Mr. Chairman, I reserve the balance of my time.
  Mr. UDALL of Colorado. Mr. Chairman, I yield myself such time as I 
may consume only to, I think, summarize what the gentleman said: We 
have to plant before we can harvest, and I continue looking forward to 
working with the gentleman from Alaska (Mr. Young.)
  Mr. Chairman, I yield 3 minutes to the gentlewoman from North 
Carolina (Mrs. Clayton).
  Mrs. CLAYTON. Mr. Chairman, I thank the gentleman from Colorado for 
yielding me this time, and I thank the gentleman from Alaska (Chairman 
Young) for his recognition and support of making a good bill even 
better. And to the gentleman from California (Mr. Pombo), my colleague 
and my friend from the Committee on Agriculture, we will have another 
day to work together. We are friends, and I hope he continue to support 
this program.
  Mr. Chairman, I rise to urge the support of the amendment offered by 
the gentleman from Colorado Mr. Udall) and myself and others, and also 
rise in support of the base bill.
  This amendment, I think, enhances the base bill. The Urban and 
Community Forest Program has been in existence since 1978. This program 
has been widely used throughout the United States, assisting 80 percent 
of all Americans. Assistance is provided by the program for both urban 
and rural areas, as well as suburban communities and small towns that 
fall in between.
  As our rural areas and small towns, communities, cities have 
developed, the Urban and Community Forest Program has become an 
integral part of building and sustaining them. Important connections 
existing between the liveability of communities and the service 
functions provided by trees, forests and related green space. These 
connections includes improved air and water quality, control of storm 
runoffs, sufficient soil aeration and energy conservation.
  These connections are important due to increasing demands on natural 
resources by developers, as evidenced by tremendous urban sprawl, along 
with pressure to develop rural areas. Without property conservation, 
our quality of life will be greatly diminished throughout all of our 
communities.
  USDA's Forest Service works with State forestry agencies, local 
tribal governments, and the private sector in urban and rural settings 
to conserve and manage natural resources. Let me cite a few examples of 
how this program has assisted some communities.
  In 1999, Elizabethtown, North Carolina, which has a population of 
3,839 citizens, forestry funds were used to implement a highly visible 
tree-planting project to develop a community forestry program.
  ``Hand Made in America,'' a nonprofit organization in western North 
Carolina, formed a partnership with six small mountain towns and two 
private colleges creating a collaborative effort to plant trees in an 
endeavor to achieve sustainable communities.
  The South Carolina School for the Blind established a quarter-mile 
natural trail. The natural trail has Braille signs, wildlife 
footprints, bird sounds, and three natural wildlife habitat areas to 
teach plant science, animal characteristics and natural resource 
management.
  The City of Herndon, Virginia is using a $2,500 public-private 
partnership grant for tree planting to encourage homeowners to properly 
plant and maintain trees.
  Mr. Chairman, these are excellent examples of how the Urban and 
Community Forest Program is working to improve the quality of life in 
both rural areas as well as urban areas.
  I urge my colleagues to support this program. It is good both for 
urban and rural America.
  Mr. YOUNG of Alaska. Mr. Chairman, I reserve the balance of my time.
  Mr. UDALL of Colorado. Mr. Chairman, I yield 2 minutes to the 
gentlewoman from California (Mrs. Napolitano).
  Mrs. NAPOLITANO. Mr. Chairman, I thank the gentleman for yielding me 
this time.
  Mr. Chairman, I have come today to the floor to urge my colleagues to 
support the amendment offered by the gentleman from Colorado (Mr. 
Udall), which simply restores the Urban and Community Forestry Program. 
This is, indeed, a bipartisan bill and I am very thankful to the 
gentleman from Alaska (Mr. Young) and the gentleman from California 
(Mr. George Miller) for their hard work on it.
  In fact, this program restores the green infrastructure that is 
disappearing so dramatically in our cities and in our towns throughout 
America. And we are really substituting cement and asphalt for trees 
and greenery.
  The Urban and Community Forestry Program would also make it possible

[[Page H2923]]

for youth at risk to learn how to clean up their communities and 
educate their parents and neighbors about conservation practices like 
waste removal, recycling, planting, et cetera. We must continue to 
teach our youth and involve them so that we can continue growing these 
green trees for effectively preserving the natural environment.
  Studies have shown that preventing the spread of deforestation in our 
cities decreases energy and storm water runoff costs, increases air 
quality and improves the liveability of our communities and our 
neighborhoods. It does attract businesses who love to have their 
employees in a greener community, the better employees.
  Mr. Chairman, this also is the only current Federal program that can 
so comprehensively help improve the environmental quality of urban 
Americans. Note that this is not an increase in funding authorization 
of the CARA bill. Instead, it simply allows the program to receive some 
of the funds already earmarked for the USDA bill. This is almost a 
four-to-one match, the one Federal program dollar with in-kind and 
donated services.
  More than ever, we need to not only sustain but also encourage the 
livelihood of projects like the Urban and Community Forestry Program. I 
would like to thank my colleague, the gentleman from Colorado (Mr. 
Udall) for introducing this amendment, and I encourage all my 
colleagues in this House to support the inclusion of the Urban and 
Community Forestry Assistance Program in this final version of H.R. 
701.
  Mr. UDALL of Colorado. Mr. Chairman, may I inquire how much time we 
have remaining.
  The CHAIRMAN pro tempore (Mr. Quinn). The gentleman from Colorado 
(Mr. Udall) has 2\1/2\ minutes remaining, and the gentleman from Alaska 
(Mr. Young) has 6\1/2\ minutes remaining.
  Mr. UDALL of Colorado. Mr. Chairman, I yield 2 minutes to the 
gentleman from New York (Mr. Crowley).
  Mr. CROWLEY. Mr. Chairman, I thank the gentleman from Colorado (Mr. 
Udall), my good friend, for yielding me this time.
  Mr. Chairman, I rise in strong support of the amendment offered by 
the gentleman from Colorado, my good friend and colleague. This 
amendment would provide a dedicated stream of funds for the Urban and 
Community Forestry Program, a valuable yet underfunded program.
  As the only Member from the New York State delegation on the 
Committee on Resources, and representative of the most urban district 
on the committee, I have realized that the Urban and Community Forestry 
Program is vital to the regreening of our Nation's cities.
  In my home State of New York, over the last 4 years, the Urban and 
Community Forestry Program has provided more than $1 million to contain 
and prevent further tree loss associated with the Asian longhorned 
beetle, an invasive species that has destroyed thousands of trees 
throughout both New York City and Chicago metropolitan areas.
  The Urban and Community Forestry Program has provided technical 
assistance to help local officials plant and care for trees that are 
resistant to the beetle to prevent future outbreaks in the City of New 
York and throughout the United States.
  The Urban and Community Forestry Program currently assists over 13 
major U.S. metropolitan areas, including Denver, Atlanta, Boston, 
Buffalo, Chicago, East St. Louis, New York, Philadelphia, San 
Francisco, Seattle, and South Florida. With additional assistance, this 
worthwhile program could provide even more assistance.
  Additionally, the Urban and Community Forestry Program has provided 
technical assistance to help community groups plant trees, restore 
riverbanks, improve watersheds and provide conservation education that 
makes our urban communities a better place to live and to work.
  Therefore, I am pleased to stand with the gentleman from Colorado 
(Mr. Udall) and the gentlewoman from California (Mrs. Napolitano) in 
strong support of this amendment. Again, I thank the gentleman from 
Alaska (Mr. Young) and the gentleman from California (Mr. George 
Miller) for this landmark legislation.
  Mr. YOUNG of Alaska. Mr. Chairman, I yield myself such time as I may 
consume.
  Mr. Chairman, I want to say one thing to the gentleman from New York 
(Mr. Crowley) and compliment him on his statement. But this is the 
difference between some of our agencies' attitudes than what the City 
of New York has done. Because we have the same problem with beetles. We 
have 47,000 acres of beetles in the Kenai Peninsula that kills every 
tree down there and we are trying to eliminate the beetle on Federal 
land, eliminate the beetles and harvest that timber before it burns up 
our community, and the Federal Government says we cannot do that. To 
me, that does not make a whole lot of sense.
  But I compliment the people in New York for recognizing that if we do 
not get rid of those beetles, they will keep going and going and going 
and create a deforested area, which occurred in my district. So I 
compliment the gentleman from New York.
  Mr. Chairman, I do, as I mentioned before, support this amendment, 
and I urge my colleagues for a loud ``yes'' voice vote in accepting the 
amendment.
  Mr. Chairman, I reserve the balance of my time.
  Mr. UDALL of Colorado. Mr. Chairman, I thank the gentleman from 
Alaska (Mr. Young) for working with me on this amendment. I urge 
support of it, and I yield back the balance of my time.
  Mr. YOUNG of Alaska. Mr. Chairman, I yield back the balance of my 
time.
  The CHAIRMAN pro tempore. The question is on the amendment offered by 
the gentleman from Colorado (Mr. Udall).
  The question was taken; and the Chairman pro tempore announced that 
the ayes appeared to have it.
  Mr. POMBO. Mr. Chairman, I demand a recorded vote.
  The CHAIRMAN pro tempore. Pursuant to House Resolution 497, further 
proceeding on the amendment offered by the gentleman from Colorado (Mr. 
Udall) will be postponed.
  It is now in order to consider the amendment that is numbered 24 in 
House Report 106-612.


                Amendment No. 24 Offered by Mr. Gibbons

  Mr. GIBBONS. Mr. Chairman, I offer an amendment.
  The CHAIRMAN pro tempore. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 24 offered by Mr. Gibbons:
       At the end of the bill, add the following:

                   TITLE    --PUBLIC LAND MANAGEMENT

     SEC. __01. SHORT TITLE.

       This title may be cited as the ``Public Land Management Act 
     of 2000''.

     SEC. __02. FINDINGS AND PURPOSES.

       (a) Findings.--The Congress finds that--
       (1) the large amount of federally controlled land in the 
     United States and the lack of an adequate private land 
     ownership base has had a negative impact on the overall 
     economic development of rural counties and communities and 
     severely degraded the ability of local governments to provide 
     necessary services;
       (2) in resource management plans, the Bureau of Land 
     Management has identified for disposal land that is difficult 
     and costly to manage and that would more appropriately be in 
     non-Federal ownership;
       (3) implementation of Federal land management plans has 
     been impaired by the lack of necessary funding to provide the 
     needed improvements and the lack of land management programs 
     to accomplish the goals and standards set out in the plans; 
     and
       (4) the lack of a private land tax base prevents most local 
     governments from providing the appropriate infrastructure to 
     allow timely development of land that is disposed of by the 
     Federal Government for community expansion and economic 
     growth.
       (b) Purposes.--The purposes of this title are to provide 
     for--
       (1) the orderly disposal and use of public land; and
       (2) the maintenance and repair of Federal facilities on 
     public land.

     SEC. __03. DEFINITIONS.

       In this title:
       (1) Current land use plan.--The term ``current land use 
     plan'', with respect to an administrative unit of the Bureau 
     of Land Management, means the management framework plan or 
     resource management plan applicable to the unit that was 
     approved most recently before the date of enactment of this 
     Act.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (3) Special account.--The term ``Special Account'' means 
     the account established by section __06.
       (4) Unit of local government.--The term ``unit of local 
     government'' means the elected governing body of any city or 
     county in a State.

[[Page H2924]]

     SEC. __04. DISPOSAL AND EXCHANGE.

       (a) Disposal.--In accordance with this title, the Federal 
     Land Policy and Management Act of 1976 (43 U.S.C. 1701 et 
     seq.), and other applicable law and subject to valid existing 
     rights, the Secretary may dispose of public land under 
     current land use plans maintained under section 202 of the 
     Federal Land Policy and Management Act of 1976 (43 U.S.C. 
     1713)
       (b) Recreation and Public Purpose Conveyances.--
       (1) In general.--Not less than 30 days before offering land 
     for sale or exchange under subsection (a), the State or the 
     unit of local government in the jurisdiction of which the 
     land is located may elect to obtain the land for local public 
     purposes under the Act entitled ``An Act to authorize 
     acquisition or use of public lands by States, counties, or 
     municipalities for recreational purposes'', approved June 14, 
     1926 (commonly known as the ``Recreation and Public Purposes 
     Act'') (43 U.S.C. 869 et seq.).
       (2) Retention by secretary.--If the State or unit of local 
     government elects to obtain the land, the Secretary shall 
     retain the land for conveyance to the State or unit of local 
     government in accordance with that Act.
       (c) Withdrawal.--Subject to valid existing rights, all 
     Federal land selected for disposal under subsection (d)(1) is 
     withdrawn from location and entry under the mining laws and 
     from operation under the mineral leasing and geothermal 
     leasing laws until the Secretary terminates the withdrawal or 
     the land is patented.
       (d) Selection.--
       (1) In general.--The Secretary and the State and unit of 
     local government that has jurisdiction over land identified 
     for disposal under subsection (a) shall jointly select land 
     to be offered for sale or exchange under this section.
       (2) Coordination.--The Secretary shall coordinate land 
     disposal activities with the unit of local government under 
     the jurisdiction of which the land is located.
       (3) Local land use planning and zoning requirements.--The 
     Secretary shall dispose of land under this section in a 
     manner that is consistent with local land use planning and 
     zoning requirements and recommendations.
       (e) Sales Offering, Price, Procedures, and Prohibitions.--
       (1) Offering.--The Secretary shall make the first offering 
     of land as soon as practicable after land has been selected 
     under subsection (d).
       (2) Sale price.--
       (A) In general.--The Secretary shall make all sales of land 
     under this section at a price that is not less than the fair 
     market value of the land, as determined by the Secretary.
       (B) Affordable housing.--Subparagraph (A) does not affect 
     any authority of the Secretary to make land available at less 
     than fair market value for affordable housing purposes under 
     any other provision of law.
       (3) Competitive bidding.--
       (A) In general.--The sale of public land selected under 
     subsection (d) shall be conducted in accordance with sections 
     203 and 209 of the Federal Land Policy and Management Act of 
     1976 (43 U.S.C. 1713, 1719).
       (B) Exceptions.--The exceptions to competitive bidding 
     requirements under section 203(f) of the Federal Land Policy 
     and Management Act of 1976 (43 U.S.C. 1713(f)) shall apply to 
     sales under this title in cases in which the Secretary 
     determines that application of an exception is necessary and 
     proper.
       (C) Notice of competitive bidding procedures.--The 
     Secretary shall also ensure adequate notice of competitive 
     bidding procedures to--
       (i) owners of land adjoining the land proposed for sale;
       (ii) local governments in the vicinity of the land proposed 
     for sale; and
       (iii) the State in which the land is located.
       (4) Prohibitions.--A sale of a tract of land selected under 
     subsection (d) shall not be undertaken if the Federal costs 
     of sale preparation and processing are estimated to exceed 
     the proceeds of the sale.
       (f) Disposition of Proceeds.--
       (1) Land sales.--Of the gross proceeds of sales of land 
     under this section during a fiscal year--
       (A) 5 percent shall be paid to the State in which the land 
     is located for use in the general education program of the 
     State;
       (B) 45 percent shall be paid directly to the local unit of 
     government in the jurisdiction of which the land is located 
     for use as determined by the unit of local government, with 
     consideration given to use for support of health care 
     delivery, law enforcement, and schools; and
       (C) 50 percent shall be deposited in the Special Account.
       (2) Land exchanges.--
       (A) In general.--In a land exchange under this section, the 
     non-Federal party shall provide direct payment to the unit of 
     local government in the jurisdiction of which the land is 
     located in an amount equal to 15 percent of the fair market 
     value of the Federal land conveyed in the exchange.
       (B) Treatment of payments as cost incurred.--If any 
     agreement to initiate the exchange so provides, a payment 
     under subparagraph (A) shall be considered to be a cost 
     incurred by the non-Federal party that shall be compensated 
     by the Secretary.
       (C) Pending exchanges.--This title, other than subsections 
     (a) and (b) and this section, shall not apply to any land 
     exchange for which an initial agreement to initiate an 
     exchange was signed by an authorized representative of the 
     exchange proponent and an authorized officer of the Bureau of 
     Land Management before the date of enactment of this Act.
       (g) Additional Disposal Land.--Public land identified for 
     disposal under a replacement of or amendment to a current 
     land use plan shall be subject to this title.

     SEC. __05. MAINTENANCE AND REPAIR ON FEDERAL LANDS.

       The Secretary shall use amounts available under section 
     __06(c)(1)(B) for repair and maintenance on Federal lands 
     managed by the Secretary of Agriculture or the Secretary of 
     the Interior.

     SEC. __06. SPECIAL ACCOUNT.

       (a) Establishment.--There is established in the Treasury of 
     the United States a separate account to be used in carrying 
     out this title.
       (b) Contents.--The Special Account shall consist of--
       (1) amounts deposited in the Special Account under section 
     __04(f)(1)(B);
       (2) donations to the Special Account; and
       (3) appropriations to the Special Account.
       (c) Use.--
       (1) In general.--Amounts in the Special Account shall be 
     available to the Secretary until expended, without further 
     Act of appropriation, to pay--
       (A) subject to paragraph (2), costs incurred by the Bureau 
     of Land Management in arranging sales or exchanges under this 
     title, including the costs of land boundary surveys, 
     compliance with the National Environmental Policy Act of 1969 
     (42 U.S.C. 4321 et seq.), appraisals, environmental and 
     cultural clearances, and public notice;
       (B) costs incurred in carrying out section __05;
       (C) the cost of carrying out any necessary revision or 
     amendment of a current land use plan of the Bureau of Land 
     Management that relates to land sold, exchanged, or acquired 
     under this title; and
       (D) related costs determined by the Secretary.
       (2) Limitations.--
       (A) Costs in arranging sales or exchanges.--Costs charged 
     against the Special Account for the purposes described in 
     paragraph (1)(A) shall not exceed the minimum amount 
     practicable in view of the fair market value of the Federal 
     land to be sold or exchanged.
       (B) Acquisition.--Not more than 50 percent of the amounts 
     deposited in the Special Account in any fiscal year may be 
     used in that fiscal year or any subsequent fiscal year for 
     the purpose described in paragraph (1)(B).
       (3) Plan revisions and amendments.--The process of revising 
     or amending a land use plan shall not cause delay or 
     postponement in the implementation of this title.
       (d) Interest.--All funds deposited in the Special Account 
     shall earn interest in the amount determined by the Secretary 
     of the Treasury on the basis of the current average market 
     yield on outstanding marketable obligations of the United 
     States of comparable maturities. Such interest shall be added 
     to the principal of the account and expended in accordance 
     with subsection (c).
       (e) Coordination.--The Secretary shall coordinate the use 
     of the Special Account with the Secretary of Agriculture, the 
     States, and units of local government in which land or an 
     interest in land may be acquired, to ensure accountability 
     and demonstrated results.

     SEC. __07. REPORT.

       The Secretary, in cooperation with the Secretary of 
     Agriculture, shall submit to the Committee on Energy and 
     Natural Resources of the Senate and the Committee on 
     Resources of the House of Representatives a biennial report 
     that describes each transaction that is carried out under 
     this title.

  The CHAIRMAN pro tempore. Pursuant to House Resolution 497, the 
gentleman from Nevada (Mr. Gibbons) and a Member opposed each will 
control 5 minutes.
  The Chair recognizes the gentleman from Nevada (Mr. Gibbons).
  Mr. GIBBONS. Mr. Chairman, I yield myself such time as I may consume.
  (Mr. GIBBONS asked and was given permission to revise and extend his 
remarks.)
  Mr. GIBBONS. Mr. Chairman, this amendment is part of the big picture 
of sound land management. This is a common sense, bipartisan amendment 
which addresses the large amount of federally controlled land in the 
United States.
  In no way, Mr. Chairman, would this amendment change CARA. All it 
would say is if the Federal Government is going to spend approximately 
$1 billion per year on land acquisition, then there should be a simple, 
fair and thoughtful way for the Federal Government to sell its unwanted 
land.
  In my State, where almost 90 percent of the land is government-owned, 
our rural counties have been placed under tremendous financial strain 
due to the lack of private property taxes as a tax base. This has 
severely degraded the ability of these local governments to provide 
necessary services such as school repairs, police and fire protection, 
medical service and infrastructure improvements.

[[Page H2925]]

  This amendment provides a mechanism to sell back lands that the 
Bureau of Land Management, that in their own land management plans, has 
identified to be unwanted, difficult, costly or unnecessary to manage. 
Currently, there is no effective means by which the BLM can, in a 
timely and efficient manner, sell government land that they do not 
want.
  First, the Secretary and the State and the counties that have 
jurisdiction over government land identified for disposal can choose, 
jointly, the mechanism of disposal, be it offered for competitive sale 
or exchange. Additionally, this amendment allows States and counties to 
file for an R&PP to obtain the land for local public use or 
recreational purposes before it is offered for sale.
  The Secretary will also have to coordinate land disposal activities 
which affect counties so they take into account local land use planning 
and zoning recommendations. It is important to note that the public and 
the government will be justly compensated for land disposed under this 
amendment. This amendment instructs the Secretary to sell the land at a 
price that is not less than the fair market value as determined by the 
Secretary.
  Additionally, the sale of this public land must be conducted through 
a competitive bidding process that allows fair and equal footing to all 
interested parties.
  Also of note is that a proposed sale of land will be terminated, 
should it be determined that the Federal cost of sale preparation and 
processing are going to be more than the proceeds of the sale.
  This amendment also sets up a distribution of the monies generated by 
the sale of land. The money will be divided into three categories: A 
small percentage will go to the State in which the land is located for 
use in their general education fund. A percentage will go to the county 
for use in health care, law enforcement and schools, and the remaining 
funds shall be used by the Federal Government to repair and maintain 
existing government lands.

                              {time}  1245

  This amendment creates a fair and equitable mechanism to dispose of 
unwanted Federal property, and without it, the Federal Government will 
continue to own more land without being able to give up any, even the 
stuff they say they do not want. Mr. Chairman, I respectfully encourage 
favorable consideration of this amendment.
  Mr. Chairman, I reserve the balance of my time.
  The CHAIRMAN pro tempore (Mr. Quinn). Does the gentleman from 
Louisiana (Mr. Tauzin) seek the time in opposition?
  Mr. TAUZIN. Mr. Chairman, I seek the time in opposition.
  Mr. Chairman, for purposes of controlling time, I yield 2\1/2\ 
minutes to the gentleman from California (Mr. George Miller).
  The CHAIRMAN pro tempore. Without objection, the gentleman from 
Louisiana (Mr. Tauzin) and the gentleman from California (Mr. George 
Miller) each will control 2\1/2\ minutes.
  There was no objection.
  Mr. TAUZIN. Mr. Chairman, I yield myself such time as I may consume.
  Mr. Chairman, let me urge the Members to reject this amendment. While 
many parts of this actual bill are worthwhile, the bill is before our 
committee. The committee has filed a bill similar to this, I think, 
before the committee and, therefore, it is under consideration of the 
committee. And I am sure the chairman of the Committee on Resources 
would be more than willing to work with the gentleman in regards to 
working on that bill.
  The problem is adopting this bill in this package means that we would 
be making a lot of decisions that the committee would probably want to 
look at. For example, in this bill there are exceptions in the land 
sales from fair market value for perhaps socially good purposes, low-
income housing, but nevertheless there are exceptions from receiving 
fair market value in this act. There is even an exception on page 6 
that allows the Secretary to determine that he can waive the 
competitive bidding requirements for the sale of public lands. I am not 
sure that is a good idea.
  We ought to have a good discussion and a debate as to why that would 
be necessary and why the Secretary should ever waive competitive 
bidding when we are selling public lands.
  Mr. Chairman, in addition, on page 7, for example, there is a 
distribution of the proceeds, which splits it half and half, 50 percent 
to the Federal Government, 50 percent to the local government and to 
the State in which the land is located. These are Federal lands and 
perhaps the money ought to be split up between the State and local 
governments and the Federal Government, but that is the kind of 
discussion that ought to be raised in the committee as this bill was 
addressed and as we debate for pros and cons of it.
  I would urge the rejection of the amendment. At the request of the 
gentleman from California (Mr. Doolittle) in the committee, we included 
language on page 33 of the bill that requires the Secretary of the 
Interior to actually transmit with the list transmitted under 
subsection (a), a separate list of those lands under the administrative 
jurisdiction of the Secretary that have been identified in applicable 
land management plans as surplus and eligible for disposal as provided 
by law.
  There are laws now covering the disposal of public lands and we 
dispose of public lands pursuant to those laws. We actually even update 
each list to be transmitted as land management plans are amended and 
revised. So we have added language at the request of the gentleman from 
California (Mr. Doolittle) to literally make sure that we have a list 
of disposal lands available.
  I would simply urge that this bill be considered in the full 
committee where it belongs and all of these intricate provisions 
debated in full committee. This amendment should be rejected.
  Mr. Chairman, I yield 2\1/2\ minutes to the gentleman from California 
(Mr. George Miller).
  Mr. GEORGE MILLER of California. Mr. Chairman, I really would simply 
just concur with what the gentleman from Louisiana (Mr. Tauzin) has 
said. To set up the regime to do as the amendment suggested is 
something we may want to do, but I do not think that that is what the 
amendment does. In fact, it is much broader than those lands which are 
identified. I think that this legislation as it is currently written, 
the CARA bill, will, in fact, increase the inventory of those lands as 
we go through the process with the Secretary of the Interior, and then 
maybe at that point the gentleman could decide if the gentleman wants 
to auction those off according to how the gentleman from Nevada (Mr. 
Gibbons) has written his amendment.
  Mr. Chairman, I concur with the notion that I think the committee 
ought to direct some time, as I said to the gentleman from Montana (Mr. 
Hill) in his amendment, direct some time to see how to do this and get 
on with it, maybe even more so in a State like the gentleman from 
Nevada (Mr. Gibbons), which is growing so rapidly. We are seeing more 
and more proposals come for land transfers, exchanges and the rest of 
it, because the cities' needs, airports and all the rest of it, are 
growing so rapidly that this may be absolutely worthy of our 
consideration in the committee to develop it, because some of our 
western States are starting to fill up and the land base that was there 
at one time may not serve the best needs of this State or even of this 
country.
  I know sometimes it is harassing to say that we would reconsider the 
land bases that exist today, because it should always be that way. The 
fact is no, we should, we should reconsider it in light of what is 
taking place in the western United States, but I would hope that we 
would reject this amendment. I would hope that the committee might use 
this as a way to initiate some of the questions that have been avoided 
for many, many years about lands that may have little value to the 
Federal Government, that may have great value to localities in terms of 
their needs.
  Mr. Chairman, I yield back the balance of my time.
  Mr. GIBBONS. Mr. Chairman, I yield myself such time as I may consume.
  Mr. Chairman, I would only suggest to those Members in the audience 
here today, colleagues, to look at this picture, because it clearly 
shows the State of Nevada has almost no room for the people who live 
there today. With almost nearly 90 percent of the State owned by the 
Federal Government, acquisitions of more land, if you are

[[Page H2926]]

 going to spend a billion dollars a year in land acquisition, this 
amendment is clearly the correct amendment to add to a bill that is 
acquiring land to put the other side of the coin in it for disposal.
  Indeed, the amendment does specify very clearly which land can be 
used for disposal, and that is at the Secretary's discretion. It is 
under public law, under public land in their plans, maintained under 
section 202 of FLPMA.
  Mr. Chairman, this bill is a good amendment to the bill of CARA. It 
certainly brings, I think, a common sense, fair and balanced approach 
to this. It sets up a process of procedure whereby we can have an 
orderly disposal of land that the Federal Government has already 
identified that it wants to dispose of but does not have a clear means 
of disposal, and whenever there is an exchange process, that is the 
discretion given to the Secretary to make those determinations of 
whether or not a competitive bidding process should be set aside in 
order for an exchange process to take place. That is why we have to 
have that discretion for the Secretary under this amendment.
  Mr. Chairman, I think this amendment is one which clearly identifies 
a needed revision to this bill. I would urge all of my colleagues at 
this time to support this amendment.
  Mr. Chairman, I yield back the balance of my time.
  The CHAIRMAN pro tempore (Mr. Quinn). All time has expired.
  The question is on the amendment offered by the gentleman from Nevada 
(Mr. Gibbons).
  The question was taken; and the Chairman pro tempore announced that 
the noes appeared to have it.
  Mr. GIBBONS. Mr. Chairman, I demand a recorded vote.
  The CHAIRMAN pro tempore. Pursuant to House Resolution 497, further 
proceedings on the amendment offered by the gentleman from Nevada (Mr. 
Gibbons) will be postponed.
  It is now in order to consider amendment No. 25, printed in House 
Report 106-612.


                  Amendment No. 25 Offered by Mr. Ose

  Mr. OSE. Mr. Chairman, I offer an amendment.
  The CHAIRMAN pro tempore. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 25 offered by Mr. Ose:
       At the end of the bill, add the following:

            TITLE    --RESTRICTIONS ON FEDERAL USES OF FUNDS

     SEC.  01. ELIMINATION OF FEDERAL EXPENDITURE OF FUNDS FROM 
                   LAND AND WATER CONSERVATION FUND.

       Notwithstanding section 5 of the Land and Water 
     Conservation Fund Act of 1965, as amended by this Act, or any 
     other provision of that Act--
       (1) all of the amounts made available for each fiscal year 
     to carry out that Act shall be available only for grants to 
     States in accordance with that Act; and
       (2) amounts provided to a State under that Act may be used 
     only to provide assistance in accordance with that Act to--
       (A) entities that are incorporated cities under the laws of 
     the State; and
       (B) counties having a population of 1,000,000 or more.

     SEC.  02. LIMITATION ON EXPENDITURES.

       (a) In General.--Amounts otherwise available under this Act 
     for a fiscal year may not be obligated or expended and shall 
     be returned to the general fund of the Treasury unless by the 
     beginning of such fiscal year--
       (1) sufficient amounts are available to make all payments 
     authorized for the fiscal year under--
       (A) chapter 69 of title 31, United States Code (relating to 
     payments in lieu of taxes); and
       (B) section 401 of the Act of June 15, 1935 (49 Stat. 383; 
     16 U.S.C. 715s) (relating to refuge revenue sharing);
       (2) all payments authorized for prior fiscal years under 
     the laws referred to in paragraph (1) have been made; and
       (3) each of the Committees on Appropriations, Resources, 
     and Agriculture of the House of Representatives and each of 
     the Committees on Appropriations, Energy and Natural 
     Resources, and Agriculture, Nutrition, and Forestry of the 
     Senate certifies that all backlogged maintenance and repair 
     has been completed at each National Park, National Monument, 
     and National Forest, and on all lands managed by the Bureau 
     of Land Management.
       (b) Limitation on Application.--Subsection (a) does not 
     prohibit payments under the laws referred to in subsection 
     (a)(1) (relating to payments in lieu of taxes and refuge 
     revenue sharing).

  The CHAIRMAN pro tempore. Pursuant to House Resolution 497, the 
gentleman from California (Mr. Ose) and a Member opposed each will 
control 5 minutes.
  The Chair recognizes the gentleman from California (Mr. Ose).


          Modification to Amendment No. 25 Offered by Mr. Ose

  Mr. OSE. Mr. Chairman, I ask unanimous consent that my amendment be 
modified on page 1, line 19 by deleting the number 1 million and 
inserting in its place the number 100,000.
  The CHAIRMAN pro tempore. The Clerk will report the modification.
  The Clerk read as follows:

       Modification to amendment No. 25 offered by Mr. Ose:
       Line 19, strike out ``1,000,000'' and insert ``100,000''.

  The CHAIRMAN pro tempore. Is there objection to the modification 
offered by the gentleman from California (Mr. Ose)?
  There was no objection.
  The CHAIRMAN pro tempore. The Chair recognizes the gentleman from 
California (Mr. Ose) for 5 minutes.
  (Mr. OSE asked and was given permission to revise and extend his 
remarks.)
  Mr. OSE. Mr. Chairman, I yield myself such time as I may consume.
  Mr. Chairman, I rise today in support of my amendment. The eight 
counties in my district are quite diverse. Some are highly urbanized, 
such as Sacramento County. Some are decidedly rural, such as Sutter 
County and Colusa County. There are obvious challenges in the urban 
counties to provide an appropriate amount of parks and open space. 
Fortunately, the economy is booming in urban counties. Retail sales are 
rising, home prices are rising, jobs are plentiful, business is good.
  Conversely, many of my rural counties are suffering from and must 
confront the challenge that comes from the loss of revenue resulting 
from Federal ownership of land. In addition, these same counties are 
suffering from low commodity prices, static or falling retail sales. 
Frankly, Main Street in some instances is dying, and unemployment 
remains high.
  My challenge is to find a way to help the urban counties and their 
cities with the difficult task of urban park development and 
maintenance. My challenge with the rural counties is to prevent a 
further erosion in the revenue stream that is used to support local 
schools, law enforcement, and road maintenance, to name a few of the 
services provided by local government that contribute so much to the 
quality of life in rural America.
  This amendment accomplishes that task by setting up standards that 
provide urban areas the opportunity to participate in this program that 
CARA represents while keeping rural counties from being subjected to 
the adverse consequences of further expansion of government-owned land. 
This is a real issue affecting real people.
  I know that the distinguished gentleman from Alaska (Chairman Young) 
is familiar with this problem because he actually grew up in my 
district as a youngster, and his two brothers and their families 
actually live in my district today.
  Absent full payment of PILT on current Federal landholdings, absent a 
requirement of first taking care of that which the Federal Government 
already owns before adding more to it, we consign rural America to a 
repeat of the slow strangulation we witnessed throughout many of 
America's rural areas during certain periods of the 1970s, 1980s and 
1990s.
  This is a good amendment that improves the bill. I ask my colleagues 
for their support.
  Mr. Chairman, I reserve the balance of my time.
  The CHAIRMAN pro tempore. Is there a Member who claims the time in 
opposition to the amendment?
  Mr. GEORGE MILLER of California. Mr. Chairman, I claim the time in 
opposition to the amendment, and I yield 2\1/2\ minutes to the 
gentleman from Louisiana (Mr. Tauzin).
  The CHAIRMAN pro tempore. Without objection, the gentleman from 
Louisiana (Mr. Tauzin) and the gentleman from California (Mr. George 
Miller) each will control 2\1/2\ minutes.
  There was no objection.
  The CHAIRMAN pro tempore. The Chair recognizes the gentleman from 
Louisiana (Mr. Tauzin).
  Mr. TAUZIN. Mr. Chairman, I yield myself such time as I may consume.
  Mr. Chairman, this amendment, first of all, strips away all funding 
for the National Parks and the National Wildlife Refuges and the 
National Forests

[[Page H2927]]

from the bill. Keep that in mind. It is all gone.
  The amendment also allows only incorporated cities and counties with 
more than I think 100,000 people to qualify, especially when one has to 
be incorporated to qualify. I do not know about my colleagues, but I 
have got a lot of unincorporated communities that are quite urban.
  I have got a community near New Orleans called Metairie, which is as 
urban as any community in the country, certainly not rural America. It 
is located between New Orleans and the airport. If one ever comes to 
New Orleans and drives through Metairie, one knows one is not driving 
through the country. One is driving through a very urban area, but it 
is unincorporated. I think it is one of the big unincorporated areas of 
America. It would not qualify under this bill.
  So I think my colleagues have got to look at what this amendment does 
if it were adopted and realize that it has two main purposes; and that 
is to limit the support in this bill to incorporated communities only. 
That is going to leave out some very important places in America that 
are just as qualified for assistance as any other place, such as 
Metairie, Louisiana.
  Secondly, it does strip away all the national funding for the 
National Parks, the Wildlife Refuges and the National Forests.
  So I urge that this amendment be rejected.
  Mr. Chairman, I reserve the balance of my time.
  Mr. OSE. Mr. Chairman, I yield myself such time as I may consume.
  Mr. Chairman, the distinguished gentleman from Louisiana (Mr. Tauzin) 
has clearly read the amendment. I would appreciate the opportunity to 
correct one misinterpretation. In terms of the incorporated cities, 
there is an effort to put the impetus of urban park development on 
those; and the modification that we just added, reducing the population 
threshold in the unincorporated areas to 100,000, is designed to 
provide counties such as the one the gentleman described and from which 
I come from, that being Sacramento, to have the opportunity to 
participate.
  Mr. TAUZIN. Mr. Chairman, will the gentleman yield?
  Mr. OSE. Certainly, I yield to the gentleman from Louisiana.
  Mr. TAUZIN. Mr. Chairman, the problem is that the amendment specifies 
entities that are incorporated and counties having a population of 
100,000 or more. So I think the problem is we have got a situation 
where one has got to be incorporated and be a county of 100,000 or 
more.
  Mr. OSE. Mr. Chairman, reclaiming my time, I read that differently. 
It is designed to be either.
  Mr. Chairman, I yield 1\1/2\ minutes to the gentleman from California 
(Mr. Herger).

                              {time}  1300

  Mr. HERGER. Mr. Chairman, I rise in strong support of the Ose 
amendment, which ensures that the Federal Government makes good on its 
obligation to our rural communities.
  Lands owned by the Federal Government cannot be taxed by local 
governments. In some counties in Northern California, the congressional 
district I represent, the Federal Government owns up to 75 percent of 
the available land. In other areas of California, the State and Federal 
Government ownership reaches 90 percent.
  These counties already struggle to fund critically important public 
services, public education, law enforcement, search and rescue 
operations, waste disposal, and a variety of other public health and 
safety programs. Yet this bill proposes almost $1 billion per year for 
15 years for even more Federal land acquisition, imposing even greater 
hardships on the citizens of these counties.
  Mr. Chairman, where does it stop? PILT is intended to compensate 
counties for this lost revenue, but each year it is desperately 
underfunded. Nationally, it receives only 41 cents on the dollar. H.R. 
701 would provide only a portion of the total that is needed to fully 
fund the Federal commitment, and it would take even more land from the 
American citizens and the county tax rolls, further limiting their 
ability to meet their needs.
  This amendment seeks to correct that inequity by ensuring that the 
Federal Government fulfills its obligation before it takes even more 
away from the families of rural America. I urge the Members to support 
this Ose amendment.
  Mr. GEORGE MILLER of California. Mr. Chairman, I yield myself such 
time as I may consume, and I rise in strong opposition to this 
amendment for its elimination of the Federal Land and Water 
Conservation Act and for the straitjacket that it puts local 
communities in when exercising their own judgment.
  Mr. Chairman, I yield the balance of my time to the gentleman from 
California (Mr. Farr).
  Mr. FARR of California. Mr. Chairman, I thank the gentleman for 
yielding me this time, and I rise in opposition to this amendment 
because I think it is an amendment of unintended consequences.
  I represent San Benito County, California. It is a county of about 
40,000 people. Probably the greatest recreational asset in that county 
is a national monument governed by the National Park Service. The 
monument is trying to expand, and has, with willing sellers, if we 
appropriate the money.
  The County Board of Supervisors, and there are only two towns in the 
entire county, they look at this asset as being one of the economic 
engines. Because what happens is that people come there and stay at 
hotels and pay the local hotel tax and pay the local sales tax. Because 
it is Federal land, as the gentleman knows, and I appreciate his 
efforts to try to make them even increase more, it pays payment-in-lieu 
taxes.
  So what the gentleman's amendment does is, it says a county like this 
cannot use any of these funds to further that economic engine, which 
frankly is an employment and tourism destination area. And where does 
it draw from? It draws from the Silicon Valley, which is not far from 
there. This is one of the main assets that the valley has to attract 
people to be there. So there are all kinds of unintended consequences 
by this amendment.
  Also there is the problem of the maintenance backlog. This national 
park monument was hit by the El Nino floods. Got wiped out. Maintenance 
is all bringing that back together. Under the gentleman's amendment 
they could not use the money for that. So the unintended consequences 
here is that the gentleman hurts very rural counties where the Federal 
asset is an economic engine driver.
  A lot of these amendments offered today would never be offered by 
colleagues if it was military land, which is also Federal land, which 
is also off the tax rolls. But somehow what we do in these amendments 
is we always attack the Land and Water Conservation Fund and say we are 
going to separate that fund out and do things and require things to be 
done to that land that we would never require for any other kind of 
Federal land.
  So this amendment of unintended consequences hurts the very rural 
county that I represent. I do not think the gentleman intends to do 
that, but the only way to stop it is to reject the amendment.
  The CHAIRMAN pro tempore (Mr. Quinn). The question is on the 
amendment, as modified, offered by the gentleman from California (Mr. 
Ose).
  The question was taken; and the Chairman pro tempore announced that 
the noes appeared to have it.
  Mr. OSE. Mr. Chairman, I demand a recorded vote.
  The CHAIRMAN pro tempore. Pursuant to House Resolution 497, further 
proceedings on the amendment offered by the gentleman from California 
(Mr. Ose) will be postponed.


          Sequential Votes Postponed in Committee of the Whole

  The CHAIRMAN pro tempore. Pursuant to House Resolution 497, 
proceedings will now resume on those amendments on which further 
proceedings were postponed, in the following order:
  Amendment No. 19 offered by the gentleman from California (Mr. 
Calvert); amendment No. 22 offered by the gentlewoman from Idaho (Mrs. 
Chenoweth-Hage); amendment No. 23 offered by the gentleman from 
Colorado (Mr. Udall); amendment No. 24 offered by the gentleman from 
Nevada (Mr. Gibbons); and amendment No. 25 offered by the gentleman 
from California (Mr. Ose).
  The Chair will reduce to 5 minutes the time for any electronic vote 
after the first vote in this series.

[[Page H2928]]

                Amendment No. 19 Offered by Mr. Calvert

  The CHAIRMAN pro tempore. The pending business is the demand for a 
recorded vote on the amendment offered by the gentleman from California 
(Mr. Calvert) on which further proceedings were postponed and on which 
the noes prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             Recorded Vote

  The CHAIRMAN pro tempore. A recorded vote has been demanded.
  A recorded vote was ordered.
  The vote was taken by electronic device, and there were--ayes 158, 
noes 261, not voting 15, as follows:

                             [Roll No. 172]

                               AYES--158

     Aderholt
     Archer
     Armey
     Baca
     Ballenger
     Barcia
     Barr
     Barrett (NE)
     Bartlett
     Barton
     Berry
     Bliley
     Blunt
     Boehner
     Bonilla
     Bono
     Brady (TX)
     Bryant
     Burton
     Buyer
     Calvert
     Camp
     Cannon
     Chabot
     Chambliss
     Chenoweth-Hage
     Coburn
     Collins
     Condit
     Cook
     Cox
     Crowley
     Cubin
     Cunningham
     Danner
     DeLay
     DeMint
     Diaz-Balart
     Dickey
     Doolittle
     Dreier
     Duncan
     Dunn
     Ehrlich
     Emerson
     Everett
     Ewing
     Fossella
     Gallegly
     Gekas
     Gibbons
     Gillmor
     Goode
     Goodlatte
     Goodling
     Graham
     Granger
     Green (WI)
     Gutknecht
     Hall (TX)
     Hansen
     Hastings (WA)
     Hayworth
     Hefley
     Herger
     Hill (MT)
     Hilleary
     Hobson
     Hoekstra
     Horn
     Hostettler
     Hulshof
     Hunter
     Istook
     Jenkins
     Johnson, Sam
     Jones (NC)
     Kasich
     Kingston
     Knollenberg
     Kolbe
     LaHood
     Largent
     Latham
     Lewis (CA)
     Lewis (KY)
     Linder
     Manzullo
     Martinez
     McHugh
     McInnis
     McKeon
     Metcalf
     Mica
     Miller, Gary
     Moran (KS)
     Myrick
     Nethercutt
     Ney
     Norwood
     Nussle
     Ose
     Oxley
     Packard
     Paul
     Peterson (MN)
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Pombo
     Pryce (OH)
     Radanovich
     Regula
     Reynolds
     Riley
     Rogers
     Rohrabacher
     Ros-Lehtinen
     Roukema
     Royce
     Ryan (WI)
     Ryun (KS)
     Salmon
     Sandlin
     Sanford
     Schaffer
     Sensenbrenner
     Sessions
     Shadegg
     Shimkus
     Shows
     Shuster
     Simpson
     Skeen
     Smith (MI)
     Smith (TX)
     Spence
     Stearns
     Stenholm
     Stump
     Sununu
     Sweeney
     Talent
     Tancredo
     Tanner
     Taylor (NC)
     Terry
     Thomas
     Thornberry
     Tiahrt
     Toomey
     Walden
     Wamp
     Watkins
     Weldon (FL)
     Wilson
     Young (FL)

                               NOES--261

     Abercrombie
     Ackerman
     Allen
     Andrews
     Bachus
     Baird
     Baker
     Baldacci
     Baldwin
     Barrett (WI)
     Bass
     Bateman
     Becerra
     Bentsen
     Bereuter
     Berkley
     Berman
     Biggert
     Bilbray
     Bilirakis
     Bishop
     Blagojevich
     Blumenauer
     Boehlert
     Bonior
     Borski
     Boswell
     Boucher
     Boyd
     Brady (PA)
     Brown (FL)
     Brown (OH)
     Burr
     Callahan
     Canady
     Capps
     Capuano
     Cardin
     Carson
     Castle
     Clay
     Clayton
     Clement
     Clyburn
     Conyers
     Cooksey
     Costello
     Coyne
     Cramer
     Crane
     Cummings
     Davis (FL)
     Davis (IL)
     Davis (VA)
     Deal
     DeFazio
     Delahunt
     DeLauro
     Deutsch
     Dicks
     Dingell
     Dixon
     Doggett
     Dooley
     Edwards
     Ehlers
     Engel
     English
     Eshoo
     Etheridge
     Farr
     Fattah
     Filner
     Fletcher
     Foley
     Forbes
     Ford
     Fowler
     Frank (MA)
     Franks (NJ)
     Frelinghuysen
     Frost
     Ganske
     Gejdenson
     Gephardt
     Gilchrest
     Gilman
     Gonzalez
     Gordon
     Goss
     Green (TX)
     Greenwood
     Gutierrez
     Hall (OH)
     Hastings (FL)
     Hayes
     Hill (IN)
     Hilliard
     Hinchey
     Hinojosa
     Hoeffel
     Holden
     Holt
     Hooley
     Houghton
     Hoyer
     Hutchinson
     Hyde
     Inslee
     Isakson
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     John
     Johnson (CT)
     Johnson, E. B.
     Jones (OH)
     Kanjorski
     Kaptur
     Kelly
     Kennedy
     Kildee
     Kilpatrick
     Kind (WI)
     King (NY)
     Kleczka
     Klink
     Kucinich
     Kuykendall
     LaFalce
     Lampson
     Lantos
     Larson
     LaTourette
     Lazio
     Leach
     Lee
     Levin
     Lewis (GA)
     Lipinski
     LoBiondo
     Lowey
     Lucas (KY)
     Luther
     Maloney (CT)
     Maloney (NY)
     Markey
     Mascara
     Matsui
     McCarthy (NY)
     McCollum
     McCrery
     McDermott
     McGovern
     McIntyre
     McKinney
     McNulty
     Meehan
     Meek (FL)
     Meeks (NY)
     Menendez
     Millender-McDonald
     Miller (FL)
     Miller, George
     Minge
     Mink
     Moakley
     Mollohan
     Moore
     Moran (VA)
     Morella
     Murtha
     Nadler
     Napolitano
     Neal
     Northup
     Oberstar
     Obey
     Olver
     Ortiz
     Owens
     Pallone
     Pascrell
     Pastor
     Payne
     Pease
     Pelosi
     Phelps
     Pickett
     Pomeroy
     Porter
     Portman
     Price (NC)
     Quinn
     Rahall
     Ramstad
     Rangel
     Reyes
     Rivers
     Rodriguez
     Roemer
     Rogan
     Rothman
     Roybal-Allard
     Rush
     Sabo
     Sanchez
     Sanders
     Sawyer
     Saxton
     Scarborough
     Schakowsky
     Scott
     Serrano
     Shaw
     Shays
     Sherman
     Sisisky
     Skelton
     Slaughter
     Smith (NJ)
     Smith (WA)
     Snyder
     Souder
     Spratt
     Stabenow
     Stark
     Strickland
     Stupak
     Tauscher
     Tauzin
     Taylor (MS)
     Thompson (CA)
     Thompson (MS)
     Thune
     Thurman
     Tierney
     Towns
     Traficant
     Turner
     Udall (CO)
     Udall (NM)
     Upton
     Velazquez
     Vento
     Visclosky
     Vitter
     Walsh
     Waters
     Watt (NC)
     Waxman
     Weiner
     Weldon (PA)
     Wexler
     Weygand
     Whitfield
     Wolf
     Woolsey
     Wu
     Wynn
     Young (AK)

                             NOT VOTING--15

     Campbell
     Coble
     Combest
     DeGette
     Doyle
     Evans
     Lofgren
     Lucas (OK)
     McCarthy (MO)
     McIntosh
     Sherwood
     Watts (OK)
     Weller
     Wicker
     Wise

                              {time}  1327

  Mr. HOLDEN and Mrs. McCARTHY of New York changed their vote from 
``aye'' to ``no.''
  Mr. MORAN of Kansas and Mr. MICA changed their vote from ``no'' to 
``aye.''
  So the amendment was rejected.
  The result of the vote was announced as above recorded.
  Stated for:
  Mr. FLETCHER. Mr. Chairman, on rollcall No. 172, I inadvertently 
pressed the ``nay'' button. I meant to vote ``aye.''


                Announcement by the Chairman Pro Tempore

  The CHAIRMAN pro tempore. Pursuant to House Resolution 497, the Chair 
announces that he will reduce to a minimum of 5 minutes the period of 
time within which a vote by electronic device will be taken on each 
remaining amendment on which the Chair has postponed further 
proceedings.


            Amendment No. 22 Offered by Mrs. Chenoweth-Hage

  The CHAIRMAN pro tempore. The pending business is the demand for a 
recorded vote on amendment No. 22 offered by the gentlewoman from Idaho 
(Mrs. Chenoweth-Hage) on which further proceedings were postponed and 
on which the noes prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             Recorded Vote

  The CHAIRMAN pro tempore. A recorded has been ordered.
  A recorded vote was ordered.
  The vote was taken by electronic device, and there were--ayes 107, 
noes 317, not voting 10, as follows:

                             [Roll No. 173]

                               AYES--107

     Aderholt
     Archer
     Baker
     Ballenger
     Barr
     Barrett (NE)
     Bartlett
     Barton
     Bliley
     Blunt
     Boehner
     Bonilla
     Bono
     Brady (TX)
     Burton
     Buyer
     Calvert
     Cannon
     Chabot
     Coburn
     Combest
     Cook
     Cubin
     Danner
     DeLay
     DeMint
     Doolittle
     Duncan
     Emerson
     Everett
     Fowler
     Gibbons
     Goode
     Goodlatte
     Goodling
     Graham
     Granger
     Gutknecht
     Hall (TX)
     Hastings (WA)
     Hayworth
     Herger
     Hill (MT)
     Hilleary
     Hoekstra
     Hostettler
     Hulshof
     Hunter
     Hyde
     Istook
     Johnson, Sam
     Kingston
     Knollenberg
     Kolbe
     Largent
     Latham
     Lewis (CA)
     Manzullo
     McHugh
     McKeon
     Metcalf
     Miller, Gary
     Nethercutt
     Norwood
     Nussle
     Paul
     Peterson (PA)
     Pickering
     Pombo
     Radanovich
     Reynolds
     Riley
     Rohrabacher
     Royce
     Ryan (WI)
     Ryun (KS)
     Salmon
     Sanford
     Schaffer
     Sensenbrenner
     Sessions
     Shadegg
     Shimkus
     Simpson
     Skeen
     Skelton
     Smith (MI)
     Smith (TX)
     Spence
     Stearns
     Stump
     Sununu
     Sweeney
     Talent
     Taylor (NC)
     Terry
     Thomas
     Thornberry
     Tiahrt
     Toomey
     Traficant
     Walden
     Watkins
     Watts (OK)
     Weldon (FL)
     Wicker
     Young (FL)

                               NOES--317

     Abercrombie
     Ackerman
     Allen
     Andrews
     Armey
     Baca
     Bachus
     Baird
     Baldacci
     Baldwin
     Barcia
     Barrett (WI)
     Bass
     Bateman
     Becerra
     Bentsen
     Bereuter
     Berkley
     Berman
     Berry
     Biggert
     Bilbray
     Bilirakis
     Bishop
     Blagojevich
     Blumenauer
     Boehlert
     Bonior
     Borski
     Boswell
     Boucher
     Boyd
     Brady (PA)
     Brown (FL)
     Brown (OH)
     Bryant
     Burr
     Callahan
     Camp
     Canady
     Capps
     Capuano
     Cardin
     Carson
     Castle
     Chambliss
     Clay
     Clayton
     Clement
     Clyburn
     Collins
     Condit
     Conyers
     Cooksey

[[Page H2929]]


     Costello
     Cox
     Coyne
     Cramer
     Crane
     Crowley
     Cummings
     Cunningham
     Davis (FL)
     Davis (IL)
     Davis (VA)
     Deal
     DeFazio
     Delahunt
     DeLauro
     Deutsch
     Diaz-Balart
     Dickey
     Dicks
     Dingell
     Dixon
     Doggett
     Dooley
     Doyle
     Dreier
     Dunn
     Edwards
     Ehlers
     Ehrlich
     Engel
     English
     Eshoo
     Etheridge
     Evans
     Ewing
     Farr
     Fattah
     Filner
     Fletcher
     Foley
     Forbes
     Ford
     Fossella
     Frank (MA)
     Franks (NJ)
     Frelinghuysen
     Frost
     Gallegly
     Ganske
     Gejdenson
     Gekas
     Gephardt
     Gilchrest
     Gillmor
     Gilman
     Gonzalez
     Gordon
     Goss
     Green (TX)
     Green (WI)
     Greenwood
     Gutierrez
     Hall (OH)
     Hansen
     Hastings (FL)
     Hayes
     Hefley
     Hill (IN)
     Hilliard
     Hinchey
     Hinojosa
     Hobson
     Hoeffel
     Holden
     Holt
     Hooley
     Horn
     Houghton
     Hoyer
     Hutchinson
     Inslee
     Isakson
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Jenkins
     John
     Johnson (CT)
     Johnson, E. B.
     Jones (NC)
     Jones (OH)
     Kanjorski
     Kaptur
     Kasich
     Kelly
     Kennedy
     Kildee
     Kilpatrick
     Kind (WI)
     King (NY)
     Kleczka
     Klink
     Kucinich
     Kuykendall
     LaFalce
     LaHood
     Lampson
     Lantos
     Larson
     LaTourette
     Lazio
     Leach
     Lee
     Levin
     Lewis (GA)
     Lewis (KY)
     Linder
     Lipinski
     LoBiondo
     Lowey
     Lucas (KY)
     Luther
     Maloney (CT)
     Maloney (NY)
     Markey
     Martinez
     Mascara
     Matsui
     McCarthy (NY)
     McCollum
     McCrery
     McDermott
     McGovern
     McInnis
     McIntyre
     McKinney
     McNulty
     Meehan
     Meek (FL)
     Meeks (NY)
     Menendez
     Mica
     Millender-McDonald
     Miller (FL)
     Miller, George
     Minge
     Mink
     Moakley
     Mollohan
     Moore
     Moran (KS)
     Moran (VA)
     Morella
     Murtha
     Myrick
     Nadler
     Napolitano
     Neal
     Ney
     Northup
     Oberstar
     Obey
     Olver
     Ortiz
     Ose
     Owens
     Oxley
     Packard
     Pallone
     Pascrell
     Pastor
     Payne
     Pease
     Pelosi
     Peterson (MN)
     Petri
     Phelps
     Pickett
     Pitts
     Pomeroy
     Porter
     Portman
     Price (NC)
     Pryce (OH)
     Quinn
     Rahall
     Ramstad
     Rangel
     Regula
     Reyes
     Rivers
     Rodriguez
     Roemer
     Rogan
     Rogers
     Ros-Lehtinen
     Rothman
     Roukema
     Roybal-Allard
     Rush
     Sabo
     Sanchez
     Sanders
     Sandlin
     Sawyer
     Saxton
     Scarborough
     Schakowsky
     Scott
     Serrano
     Shaw
     Shays
     Sherman
     Shows
     Shuster
     Sisisky
     Slaughter
     Smith (NJ)
     Smith (WA)
     Snyder
     Souder
     Spratt
     Stabenow
     Stark
     Stenholm
     Strickland
     Stupak
     Tancredo
     Tanner
     Tauscher
     Tauzin
     Taylor (MS)
     Thompson (CA)
     Thompson (MS)
     Thune
     Thurman
     Tierney
     Towns
     Turner
     Udall (CO)
     Udall (NM)
     Upton
     Velazquez
     Vento
     Visclosky
     Vitter
     Walsh
     Wamp
     Waters
     Watt (NC)
     Waxman
     Weiner
     Weldon (PA)
     Weller
     Wexler
     Weygand
     Whitfield
     Wilson
     Wolf
     Woolsey
     Wu
     Wynn
     Young (AK)

                             NOT VOTING--10

     Campbell
     Chenoweth-Hage
     Coble
     DeGette
     Lofgren
     Lucas (OK)
     McCarthy (MO)
     McIntosh
     Sherwood
     Wise

                              {time}  1335

  Mr. JONES of North Carolina changed his vote from ``aye'' to ``no.''
  So the amendment was rejected.
  The result of the vote was announced as above recorded.
  Stated for:
  Mrs. CHENOWETH-HAGE. Mr. Chairman, on rollcall No. 173 I was 
inadvertently detained. Had I been present, I would have voted ``yes.''


             Amendment No. 23 Offered by Udall of Colorado

  The CHAIRMAN pro tempore (Mr. Quinn). The pending business is the 
demand for a recorded vote on the amendment offered by the gentleman 
from Colorado (Mr. Udall) on which further proceedings were postponed 
and on which the ayes prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             Recorded Vote

  The CHAIRMAN pro tempore. A recorded vote has been demanded.
  A recorded vote was ordered.
  The CHAIRMAN pro tempore. This is a 5-minute vote.
  The vote was taken by electronic device, and there were--ayes 306, 
noes 116, not voting 12, as follows:

                             [Roll No. 174]

                               AYES--306

     Abercrombie
     Ackerman
     Allen
     Andrews
     Baca
     Baird
     Baker
     Baldacci
     Baldwin
     Barcia
     Barr
     Barrett (WI)
     Bartlett
     Barton
     Bass
     Bateman
     Becerra
     Bentsen
     Berkley
     Biggert
     Bilirakis
     Bishop
     Blagojevich
     Bliley
     Blumenauer
     Boehlert
     Bonior
     Bono
     Borski
     Boswell
     Boucher
     Boyd
     Brady (PA)
     Brown (FL)
     Brown (OH)
     Bryant
     Callahan
     Camp
     Cannon
     Capps
     Capuano
     Cardin
     Carson
     Clay
     Clayton
     Clement
     Clyburn
     Collins
     Condit
     Conyers
     Cook
     Cooksey
     Costello
     Cox
     Coyne
     Cramer
     Crane
     Crowley
     Cummings
     Danner
     Davis (IL)
     Davis (VA)
     DeFazio
     Delahunt
     DeLauro
     Deutsch
     Diaz-Balart
     Dickey
     Dicks
     Dingell
     Dixon
     Doggett
     Dooley
     Doyle
     Duncan
     Edwards
     Ehlers
     Ehrlich
     Engel
     English
     Eshoo
     Etheridge
     Evans
     Farr
     Fattah
     Filner
     Fletcher
     Forbes
     Ford
     Fossella
     Frank (MA)
     Frelinghuysen
     Frost
     Gallegly
     Ganske
     Gejdenson
     Gekas
     Gephardt
     Gonzalez
     Gordon
     Goss
     Green (TX)
     Greenwood
     Gutierrez
     Gutknecht
     Hall (OH)
     Hall (TX)
     Hastings (FL)
     Hayes
     Hefley
     Hill (IN)
     Hilleary
     Hilliard
     Hinchey
     Hinojosa
     Hoeffel
     Holden
     Holt
     Hooley
     Horn
     Hoyer
     Hulshof
     Hutchinson
     Hyde
     Inslee
     Isakson
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     John
     Johnson (CT)
     Johnson, E. B.
     Jones (NC)
     Jones (OH)
     Kanjorski
     Kaptur
     Kasich
     Kelly
     Kennedy
     Kildee
     Kilpatrick
     Kind (WI)
     Kleczka
     Klink
     Kolbe
     Kucinich
     Kuykendall
     LaFalce
     LaHood
     Lampson
     Lantos
     Larson
     LaTourette
     Lazio
     Leach
     Levin
     Lewis (CA)
     Lewis (GA)
     Lewis (KY)
     Linder
     Lipinski
     LoBiondo
     Lowey
     Lucas (KY)
     Luther
     Maloney (CT)
     Maloney (NY)
     Markey
     Martinez
     Mascara
     Matsui
     McCarthy (NY)
     McCollum
     McCrery
     McDermott
     McGovern
     McInnis
     McIntyre
     McKinney
     McNulty
     Meehan
     Meek (FL)
     Meeks (NY)
     Menendez
     Metcalf
     Mica
     Millender-McDonald
     Miller (FL)
     Miller, George
     Minge
     Mink
     Moakley
     Mollohan
     Moore
     Moran (KS)
     Moran (VA)
     Morella
     Murtha
     Myrick
     Nadler
     Napolitano
     Neal
     Ney
     Oberstar
     Obey
     Olver
     Ortiz
     Ose
     Owens
     Oxley
     Pallone
     Pascrell
     Pastor
     Payne
     Pease
     Pelosi
     Peterson (MN)
     Phelps
     Pickett
     Pomeroy
     Porter
     Portman
     Price (NC)
     Pryce (OH)
     Rahall
     Ramstad
     Rangel
     Regula
     Reyes
     Reynolds
     Rivers
     Rodriguez
     Rogers
     Ros-Lehtinen
     Rothman
     Roybal-Allard
     Rush
     Sabo
     Sanchez
     Sanders
     Sandlin
     Sawyer
     Saxton
     Scarborough
     Schakowsky
     Scott
     Sensenbrenner
     Serrano
     Shaw
     Shays
     Sherman
     Shows
     Sisisky
     Skeen
     Skelton
     Slaughter
     Smith (MI)
     Smith (NJ)
     Smith (WA)
     Snyder
     Spratt
     Stabenow
     Stark
     Stearns
     Stenholm
     Strickland
     Stupak
     Tancredo
     Tanner
     Tauscher
     Tauzin
     Taylor (MS)
     Thompson (CA)
     Thompson (MS)
     Thune
     Thurman
     Tierney
     Towns
     Traficant
     Turner
     Udall (CO)
     Udall (NM)
     Upton
     Velazquez
     Vento
     Visclosky
     Vitter
     Walsh
     Wamp
     Waters
     Watt (NC)
     Waxman
     Weiner
     Weldon (FL)
     Weldon (PA)
     Weller
     Wexler
     Weygand
     Whitfield
     Wilson
     Wolf
     Woolsey
     Wu
     Wynn
     Young (AK)
     Young (FL)

                               NOES--116

     Aderholt
     Archer
     Armey
     Bachus
     Ballenger
     Barrett (NE)
     Bereuter
     Berry
     Bilbray
     Blunt
     Boehner
     Bonilla
     Brady (TX)
     Burr
     Burton
     Buyer
     Calvert
     Canady
     Castle
     Chabot
     Chambliss
     Chenoweth-Hage
     Coburn
     Combest
     Cubin
     Cunningham
     Davis (FL)
     Deal
     DeLay
     DeMint
     Doolittle
     Dreier
     Dunn
     Emerson
     Everett
     Ewing
     Fowler
     Franks (NJ)
     Gibbons
     Gilchrest
     Gillmor
     Gilman
     Goode
     Goodlatte
     Goodling
     Graham
     Granger
     Green (WI)
     Hansen
     Hastings (WA)
     Hayworth
     Herger
     Hill (MT)
     Hoekstra
     Hostettler
     Houghton
     Hunter
     Istook
     Jenkins
     Johnson, Sam
     King (NY)
     Kingston
     Knollenberg
     Largent
     Latham
     Lee
     Manzullo
     McHugh
     McKeon
     Miller, Gary
     Nethercutt
     Northup
     Norwood
     Nussle
     Packard
     Paul
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Pombo
     Quinn
     Radanovich
     Riley
     Roemer
     Rogan
     Rohrabacher
     Roukema
     Royce
     Ryan (WI)
     Ryun (KS)
     Salmon
     Sanford
     Schaffer
     Sessions
     Shadegg
     Shimkus
     Shuster
     Simpson
     Smith (TX)
     Souder
     Spence
     Stump
     Sununu
     Sweeney
     Talent
     Taylor (NC)
     Terry
     Thomas
     Thornberry
     Tiahrt
     Toomey
     Walden
     Watkins
     Watts (OK)
     Wicker

                             NOT VOTING--12

     Berman
     Campbell
     Coble
     DeGette
     Foley
     Hobson
     Lofgren
     Lucas (OK)
     McCarthy (MO)
     McIntosh
     Sherwood
     Wise

                              {time}  1344

  Mr. PITTS changed his vote from ``aye'' to ``no.''

[[Page H2930]]

  Mr. FOSSELLA changed his vote from ``no'' to ``aye.''
  So the amendment was agreed to.
  The result of the vote was announced as above recorded.
  Stated for:
  Mr. FOLEY. Mr. Chairman, on rollcall No. 174, I was inadvertently 
detained. Had I been present, I would have voted ``yes.''
  Ms. LEE. Mr. Chairman, on rollcall vote No. 174, the amendment 
offered by my colleagues Mr. Udall and Ms. Clayton, I inadvertently 
voted ``no.''
  I intended to vote ``yes.''


                Amendment No. 24 Offered by Mr. Gibbons

  The CHAIRMAN pro tempore. The pending business is the demand for a 
recorded vote on the amendment offered by the gentleman from Nevada 
(Mr. Gibbons) on which further proceedings were postponed and on which 
the noes prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             Recorded Vote

  The CHAIRMAN pro tempore. A recorded vote has been demanded.
  A recorded vote was ordered.
  The CHAIRMAN pro tempore. This is a 5-minute vote.
  The vote was taken by electronic device, and there were--ayes 170, 
noes 250, not voting 14, as follows:

                             [Roll No. 175]

                               AYES--170

     Aderholt
     Archer
     Armey
     Baker
     Ballenger
     Barr
     Barrett (NE)
     Bartlett
     Barton
     Bateman
     Berkley
     Berry
     Bilirakis
     Bliley
     Blunt
     Boehner
     Bonilla
     Boswell
     Brady (TX)
     Bryant
     Burr
     Burton
     Buyer
     Calvert
     Canady
     Cannon
     Chabot
     Chambliss
     Chenoweth-Hage
     Coburn
     Collins
     Combest
     Cook
     Cooksey
     Cox
     Crane
     Cubin
     Cunningham
     Davis (VA)
     Deal
     DeLay
     DeMint
     Diaz-Balart
     Dickey
     Doolittle
     Dreier
     Duncan
     Dunn
     Ehrlich
     Emerson
     Everett
     Fletcher
     Fossella
     Gallegly
     Ganske
     Gekas
     Gibbons
     Gillmor
     Goode
     Goodlatte
     Goss
     Graham
     Granger
     Green (WI)
     Gutknecht
     Hall (TX)
     Hansen
     Hastings (WA)
     Hayworth
     Hefley
     Herger
     Hill (MT)
     Hilleary
     Hobson
     Hoekstra
     Hostettler
     Hulshof
     Hunter
     Hutchinson
     Hyde
     Istook
     Jenkins
     Johnson, Sam
     Jones (NC)
     Kingston
     Knollenberg
     Kolbe
     LaHood
     Largent
     Latham
     Lazio
     Lewis (CA)
     Lewis (KY)
     Linder
     Manzullo
     Martinez
     McCollum
     McHugh
     McInnis
     McKeon
     Metcalf
     Mica
     Miller (FL)
     Miller, Gary
     Moran (KS)
     Myrick
     Nethercutt
     Ney
     Northup
     Norwood
     Nussle
     Ose
     Oxley
     Paul
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Pombo
     Portman
     Pryce (OH)
     Radanovich
     Regula
     Reynolds
     Riley
     Rogan
     Rogers
     Rohrabacher
     Royce
     Ryan (WI)
     Ryun (KS)
     Salmon
     Sanford
     Schaffer
     Sensenbrenner
     Sessions
     Shadegg
     Shaw
     Shimkus
     Shows
     Shuster
     Simpson
     Skeen
     Smith (MI)
     Smith (TX)
     Spence
     Stearns
     Stenholm
     Stump
     Sununu
     Sweeney
     Talent
     Tancredo
     Taylor (NC)
     Terry
     Thomas
     Thornberry
     Thune
     Tiahrt
     Toomey
     Traficant
     Walden
     Wamp
     Watkins
     Watts (OK)
     Weldon (FL)
     Whitfield
     Wicker
     Wilson
     Young (FL)

                               NOES--250

     Abercrombie
     Ackerman
     Allen
     Andrews
     Baca
     Bachus
     Baird
     Baldacci
     Baldwin
     Barcia
     Barrett (WI)
     Bass
     Becerra
     Bentsen
     Bereuter
     Berman
     Biggert
     Bilbray
     Bishop
     Blagojevich
     Blumenauer
     Boehlert
     Bonior
     Bono
     Borski
     Boyd
     Brady (PA)
     Brown (FL)
     Brown (OH)
     Callahan
     Camp
     Capps
     Capuano
     Cardin
     Carson
     Castle
     Clay
     Clayton
     Clement
     Clyburn
     Condit
     Conyers
     Costello
     Coyne
     Cramer
     Crowley
     Cummings
     Danner
     Davis (FL)
     Davis (IL)
     DeFazio
     Delahunt
     DeLauro
     Deutsch
     Dicks
     Dingell
     Dixon
     Doggett
     Dooley
     Doyle
     Edwards
     Ehlers
     Engel
     English
     Eshoo
     Etheridge
     Evans
     Ewing
     Farr
     Fattah
     Filner
     Foley
     Forbes
     Ford
     Fowler
     Frank (MA)
     Franks (NJ)
     Frelinghuysen
     Frost
     Gejdenson
     Gephardt
     Gilchrest
     Gilman
     Gonzalez
     Gordon
     Green (TX)
     Greenwood
     Gutierrez
     Hall (OH)
     Hastings (FL)
     Hayes
     Hill (IN)
     Hilliard
     Hinojosa
     Hoeffel
     Holden
     Holt
     Hooley
     Horn
     Houghton
     Hoyer
     Inslee
     Isakson
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     John
     Johnson (CT)
     Johnson, E. B.
     Jones (OH)
     Kanjorski
     Kaptur
     Kasich
     Kelly
     Kennedy
     Kildee
     Kilpatrick
     Kind (WI)
     King (NY)
     Kleczka
     Klink
     Kucinich
     Kuykendall
     LaFalce
     Lampson
     Lantos
     Larson
     LaTourette
     Leach
     Lee
     Levin
     Lewis (GA)
     Lipinski
     LoBiondo
     Lowey
     Lucas (KY)
     Luther
     Maloney (CT)
     Maloney (NY)
     Markey
     Mascara
     McCarthy (NY)
     McCrery
     McDermott
     McGovern
     McIntyre
     McKinney
     McNulty
     Meehan
     Meek (FL)
     Meeks (NY)
     Menendez
     Millender-McDonald
     Miller, George
     Minge
     Mink
     Moakley
     Mollohan
     Moore
     Moran (VA)
     Morella
     Murtha
     Nadler
     Napolitano
     Neal
     Oberstar
     Obey
     Olver
     Ortiz
     Owens
     Packard
     Pallone
     Pascrell
     Pastor
     Payne
     Pease
     Pelosi
     Peterson (MN)
     Phelps
     Pickett
     Pomeroy
     Porter
     Price (NC)
     Quinn
     Rahall
     Ramstad
     Rangel
     Reyes
     Rivers
     Rodriguez
     Roemer
     Ros-Lehtinen
     Rothman
     Roukema
     Roybal-Allard
     Rush
     Sabo
     Sanders
     Sandlin
     Sawyer
     Saxton
     Scarborough
     Schakowsky
     Scott
     Serrano
     Shays
     Sherman
     Sisisky
     Skelton
     Slaughter
     Smith (NJ)
     Smith (WA)
     Snyder
     Souder
     Spratt
     Stabenow
     Stark
     Strickland
     Stupak
     Tanner
     Tauscher
     Tauzin
     Taylor (MS)
     Thompson (CA)
     Thompson (MS)
     Thurman
     Tierney
     Towns
     Turner
     Udall (CO)
     Udall (NM)
     Upton
     Velazquez
     Vento
     Visclosky
     Vitter
     Walsh
     Waters
     Watt (NC)
     Waxman
     Weiner
     Weldon (PA)
     Weller
     Wexler
     Weygand
     Wolf
     Woolsey
     Wu
     Wynn
     Young (AK)

                             NOT VOTING--14

     Boucher
     Campbell
     Coble
     DeGette
     Goodling
     Hinchey
     Lofgren
     Lucas (OK)
     Matsui
     McCarthy (MO)
     McIntosh
     Sanchez
     Sherwood
     Wise

                              {time}  1350

  So the amendment was rejected.
  The result of the vote was announced as above recorded.


           Amendment No. 25, as Modified, Offered by Mr. Ose

  The CHAIRMAN pro tempore (Mr. Quinn). The pending business is the 
demand for a recorded vote on amendment No. 25 offered by the gentleman 
from California (Mr. Ose), as modified, on which further proceedings 
were postponed and on which the noes prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             Recorded Vote

  The CHAIRMAN pro tempore. A recorded vote has been demanded.
  A recorded vote was ordered.
  The vote was taken by electronic device, and there were--ayes 56, 
noes 365, not voting 13, as follows:

                             [Roll No. 176]

                                AYES--56

     Armey
     Barton
     Boehner
     Burton
     Buyer
     Calvert
     Cannon
     Chenoweth-Hage
     Cook
     Cubin
     DeLay
     Dickey
     Doolittle
     Dreier
     Gibbons
     Goodling
     Granger
     Hastings (WA)
     Hayworth
     Herger
     Hilleary
     Hobson
     Hoekstra
     Hostettler
     Hunter
     Johnson, Sam
     Largent
     Lewis (CA)
     Linder
     Manzullo
     McKeon
     Nethercutt
     Norwood
     Ose
     Pombo
     Pryce (OH)
     Radanovich
     Regula
     Rohrabacher
     Royce
     Ryun (KS)
     Salmon
     Sensenbrenner
     Sessions
     Shadegg
     Shimkus
     Simpson
     Skeen
     Smith (TX)
     Stump
     Thomas
     Thornberry
     Tiahrt
     Traficant
     Weldon (FL)
     Wilson

                               NOES--365

     Abercrombie
     Ackerman
     Aderholt
     Allen
     Andrews
     Baca
     Bachus
     Baird
     Baker
     Baldacci
     Baldwin
     Ballenger
     Barcia
     Barr
     Barrett (NE)
     Barrett (WI)
     Bartlett
     Bass
     Bateman
     Becerra
     Bentsen
     Bereuter
     Berkley
     Berman
     Berry
     Biggert
     Bilbray
     Bilirakis
     Bishop
     Blagojevich
     Bliley
     Blumenauer
     Blunt
     Boehlert
     Bonilla
     Bonior
     Bono
     Borski
     Boswell
     Boucher
     Boyd
     Brady (PA)
     Brady (TX)
     Brown (FL)
     Brown (OH)
     Bryant
     Burr
     Callahan
     Camp
     Canady
     Capps
     Capuano
     Cardin
     Carson
     Castle
     Chabot
     Chambliss
     Clay
     Clayton
     Clement
     Clyburn
     Coburn
     Collins
     Combest
     Condit
     Conyers
     Cooksey
     Costello
     Cox
     Coyne
     Crane
     Crowley
     Cummings
     Cunningham
     Danner
     Davis (FL)
     Davis (IL)
     Davis (VA)
     Deal
     DeFazio
     Delahunt
     DeLauro
     DeMint
     Deutsch
     Diaz-Balart
     Dicks
     Dingell
     Dixon
     Doggett
     Dooley
     Doyle
     Duncan
     Dunn
     Edwards
     Ehlers
     Ehrlich
     Emerson
     Engel
     English
     Eshoo
     Etheridge
     Evans
     Everett
     Ewing
     Farr
     Fattah
     Filner
     Fletcher
     Foley
     Forbes
     Ford
     Fossella
     Fowler
     Frank (MA)
     Franks (NJ)
     Frelinghuysen
     Frost

[[Page H2931]]


     Gallegly
     Ganske
     Gejdenson
     Gekas
     Gephardt
     Gilchrest
     Gillmor
     Gilman
     Gonzalez
     Goode
     Goodlatte
     Gordon
     Goss
     Graham
     Green (TX)
     Green (WI)
     Greenwood
     Gutierrez
     Gutknecht
     Hall (OH)
     Hall (TX)
     Hansen
     Hastings (FL)
     Hayes
     Hefley
     Hill (IN)
     Hill (MT)
     Hilliard
     Hinchey
     Hinojosa
     Hoeffel
     Holden
     Holt
     Hooley
     Horn
     Houghton
     Hoyer
     Hulshof
     Hutchinson
     Hyde
     Inslee
     Isakson
     Istook
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Jenkins
     John
     Johnson (CT)
     Johnson, E. B.
     Jones (NC)
     Jones (OH)
     Kanjorski
     Kaptur
     Kasich
     Kelly
     Kennedy
     Kildee
     Kilpatrick
     Kind (WI)
     King (NY)
     Kingston
     Kleczka
     Klink
     Knollenberg
     Kolbe
     Kucinich
     Kuykendall
     LaFalce
     LaHood
     Lampson
     Lantos
     Larson
     Latham
     Lazio
     Leach
     Lee
     Levin
     Lewis (GA)
     Lewis (KY)
     Lipinski
     LoBiondo
     Lowey
     Lucas (KY)
     Luther
     Maloney (CT)
     Maloney (NY)
     Markey
     Martinez
     Mascara
     Matsui
     McCarthy (NY)
     McCollum
     McCrery
     McDermott
     McGovern
     McHugh
     McInnis
     McIntyre
     McKinney
     McNulty
     Meehan
     Meek (FL)
     Meeks (NY)
     Menendez
     Metcalf
     Mica
     Millender-McDonald
     Miller (FL)
     Miller, Gary
     Miller, George
     Minge
     Mink
     Moakley
     Mollohan
     Moore
     Moran (KS)
     Moran (VA)
     Morella
     Murtha
     Myrick
     Nadler
     Napolitano
     Neal
     Ney
     Northup
     Nussle
     Oberstar
     Obey
     Olver
     Ortiz
     Owens
     Oxley
     Packard
     Pallone
     Pascrell
     Pastor
     Paul
     Payne
     Pease
     Pelosi
     Peterson (MN)
     Peterson (PA)
     Petri
     Phelps
     Pickering
     Pickett
     Pitts
     Pomeroy
     Porter
     Portman
     Price (NC)
     Quinn
     Rahall
     Ramstad
     Rangel
     Reyes
     Reynolds
     Riley
     Rivers
     Rodriguez
     Roemer
     Rogan
     Rogers
     Ros-Lehtinen
     Rothman
     Roukema
     Roybal-Allard
     Rush
     Ryan (WI)
     Sabo
     Sanchez
     Sanders
     Sandlin
     Sanford
     Sawyer
     Scarborough
     Schaffer
     Schakowsky
     Scott
     Serrano
     Shaw
     Shays
     Sherman
     Shows
     Shuster
     Sisisky
     Skelton
     Slaughter
     Smith (MI)
     Smith (NJ)
     Smith (WA)
     Snyder
     Souder
     Spence
     Spratt
     Stabenow
     Stark
     Stearns
     Stenholm
     Strickland
     Stupak
     Sununu
     Sweeney
     Talent
     Tancredo
     Tanner
     Tauscher
     Tauzin
     Taylor (MS)
     Taylor (NC)
     Terry
     Thompson (CA)
     Thompson (MS)
     Thune
     Thurman
     Tierney
     Toomey
     Towns
     Turner
     Udall (CO)
     Udall (NM)
     Upton
     Velazquez
     Vento
     Visclosky
     Vitter
     Walden
     Walsh
     Wamp
     Waters
     Watkins
     Watt (NC)
     Watts (OK)
     Waxman
     Weiner
     Weldon (PA)
     Weller
     Wexler
     Weygand
     Whitfield
     Wicker
     Wolf
     Woolsey
     Wu
     Wynn
     Young (AK)
     Young (FL)

                             NOT VOTING--13

     Archer
     Campbell
     Coble
     Cramer
     DeGette
     LaTourette
     Lofgren
     Lucas (OK)
     McCarthy (MO)
     McIntosh
     Saxton
     Sherwood
     Wise

                              {time}  1359

  Mr. OXLEY changed his vote from ``aye'' to ``no.''
  So the amendment was rejected.
  The result of the vote was announced as above recorded.

                              {time}  1400

  The CHAIRMAN pro tempore (Mr. Quinn). It is now in order to consider 
amendment No. 26 printed in House Report 106-612.


     Amendment in the Nature of a Substitute No. 26 Offered by Mr. 
                               Thornberry

  Mr. THORNBERRY. Mr. Chairman, I offer an amendment in the nature of a 
substitute made in order under the rule.
  The CHAIRMAN pro tempore. The Clerk will designate the amendment in 
the nature of a substitute.
  The text of the amendment in the nature of a substitute is as 
follows:

       Amendment in the nature of a substitute No. 26 offered by 
     Mr. Thornberry:
       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Conservation and 
     Reinvestment Act of 2000''.

     SEC. 2. TABLE OF CONTENTS.

       The table of contents for this Act is as follows:

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

          TITLE I--IMPACT ASSISTANCE AND COASTAL CONSERVATION

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

       TITLE II--LAND AND WATER CONSERVATION FUND REVITALIZATION

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

            TITLE III--WILDLIFE CONSERVATION AND RESTORATION

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

    TITLE IV--URBAN PARK AND RECREATION RECOVERY PROGRAM AMENDMENTS

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

                  TITLE V--HISTORIC PRESERVATION FUND

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

             TITLE VI--FEDERAL AND INDIAN LANDS RESTORATION

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

 TITLE VII--FARMLAND PROTECTION PROGRAM AND ENDANGERED AND THREATENED 
                            SPECIES RECOVERY

                Subtitle A--Farmland Protection Program

Sec. 701. Additional funding and additional authorities under farmland 
              protection program.
Sec. 702. Funding.

         Subtitle B--Endangered and Threatened Species Recovery

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

     SEC. 3. DEFINITIONS.

       For purposes of this Act:
       (1) The term ``coastal population'' means the population of 
     all political subdivisions, as determined by the most recent 
     official data of the Census Bureau, contained in whole or in 
     part within the designated coastal boundary of a State as 
     defined in a State's coastal zone management program under 
     the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 and 
     following).
       (2) The term ``coastal political subdivision'' means a 
     political subdivision of a coastal State all or part of which 
     political subdivision is within the coastal zone (as defined 
     in section 304 of the Coastal Zone Management Act of 1972 (16 
     U.S.C. 1453)).
       (3) The term ``coastal State'' has the same meaning as 
     provided by section 304 of the Coastal Zone Management Act of 
     1972 (16 U.S.C. 1453).
       (4) The term ``coastline'' has the same meaning that it has 
     in the Submerged Lands Act (43 U.S.C. 1301 and following).
       (5) The term ``distance'' means minimum great circle 
     distance, measured in statute miles.
       (6) The term ``fiscal year'' means the Federal Government's 
     accounting period which begins on October 1st and ends on 
     September 30th, and is designated by the calendar year in 
     which it ends.
       (7) The term ``Governor'' means the highest elected 
     official of a State or of any other political entity that is 
     defined as, or treated as, a State under the Land and Water 
     Conservation Fund Act of 1965 (16 U.S.C. 460l-4

[[Page H2932]]

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

     SEC. 4. ANNUAL REPORTS.

       (a) State Reports.--On June 15 of each year, each Governor 
     receiving moneys from the Fund shall account for all moneys 
     so received for the previous fiscal year in a written report 
     to the Secretary of the Interior or the Secretary of 
     Agriculture, as appropriate. The report shall include, in 
     accordance with regulations prescribed by the Secretaries, a 
     description of all projects and activities receiving funds 
     under this Act. In order to avoid duplication, such report 
     may incorporate by reference any other reports required to be 
     submitted under other provisions of law to the Secretary 
     concerned by the Governor regarding any portion of such 
     moneys.
       (b) Report to Congress.--On January 1 of each year the 
     Secretary of the Interior, in consultation with the Secretary 
     of Agriculture, shall submit an annual report to the Congress 
     documenting all moneys expended by the Secretary of the 
     Interior and the Secretary of Agriculture from the Fund 
     during the previous fiscal year and summarizing the contents 
     of the Governors' reports submitted to the Secretaries under 
     subsection (a).

     SEC. 5. CONSERVATION AND REINVESTMENT ACT FUND.

       (a) Establishment of Fund.--There is established in the 
     Treasury of the United States a fund which shall be known as 
     the ``Conservation and Reinvestment Act Fund''. In each 
     fiscal year after the fiscal year 2000, the Secretary of the 
     Treasury shall deposit into the Fund the following amounts:
       (1) OCS revenues.--An amount in each such fiscal year from 
     qualified Outer Continental Shelf revenues equal to the 
     difference between $2,825,000,000 and the amounts deposited 
     in the Fund under paragraph (2), notwithstanding section 9 of 
     the Outer Continental Shelf Lands Act (43 U.S.C. 1338).
       (2) Amounts not disbursed.--All allocated but undisbursed 
     amounts returned to the Fund under section 101(a)(2).
       (3) Interest.--All interest earned under subsection (d) 
     that is not made available under paragraph (2) or (4) of that 
     subsection.
       (b) Transfer for Expenditure.--In each fiscal year after 
     the fiscal year 2001, the Secretary of the Treasury shall 
     transfer amounts deposited into the Fund as follows:
       (1) $1,000,000,000 to the Secretary of the Interior for 
     purposes of making payments to coastal States under title I 
     of this Act.
       (2) To the Land and Water Conservation Fund for expenditure 
     as provided in section 3(a) of the Land and Water 
     Conservation Fund Act of 1965 (16 U.S.C. 460l-6(a)) such 
     amounts as are necessary to make the income of the fund 
     $900,000,000 in each such fiscal year.
       (3) $350,000,000 to the Federal aid to wildlife restoration 
     fund established under section 3 of the Federal Aid in 
     Wildlife Restoration Act (16 U.S.C. 669b).
       (4) $125,000,000 to the Secretary of the Interior to carry 
     out the Urban Park and Recreation Recovery Act of 1978 (16 
     U.S.C. 2501 and following).
       (5) $100,000,000 to the Secretary of the Interior to carry 
     out the National Historic Preservation Act (16 U.S.C. 470 and 
     following).
       (6) $200,000,000 to the Secretary of the Interior and the 
     Secretary of Agriculture to carry out title VI of this Act.
       (7) $100,000,000 to the Secretary of Agriculture to carry 
     out the farmland protection program under section 388 of the 
     Federal Agriculture Improvement and Reform Act of 1996 
     (Public Law 104-127; 16 U.S.C. 3830 note) and the Forest 
     Legacy Program under section 7 of the Cooperative Forestry 
     Assistance Act of 1978 (16 U.S.C. 2103c).
       (8) $50,000,000 to the Secretary of the Interior to carry 
     out subtitle B of title VII of this Act.
       (c) Shortfall.--If amounts deposited into the Fund in any 
     fiscal year after the fiscal year 2000 are less than 
     $2,825,000,000, the amounts transferred under paragraphs (1) 
     through (7) of subsection (b) for that fiscal year shall each 
     be reduced proportionately.
       (d) Interest.--
       (1) In general.--The Secretary of the Treasury shall invest 
     moneys in the Fund in public debt securities with maturities 
     suitable to the needs of the Fund, as determined by the 
     Secretary of the Treasury, and bearing interest at rates 
     determined by the Secretary of the Treasury, taking into 
     consideration current market yields on outstanding marketable 
     obligations of the United States of comparable maturity.
       (2) Use of interest.--Except as provided in paragraphs (3) 
     and (4), interest earned on such moneys shall be available, 
     subject to appropriations for fiscal years before fiscal year 
     2006 and without further appropriation for fiscal year 2006 
     and each fiscal year thereafter, for obligation or 
     expenditure under--
       (A) chapter 69 of title 31 of the United States Code 
     (relating to payment in lieu of taxes), and
       (B) section 401 of the Act of June 15, 1935 (49 Stat. 383; 
     16 U.S.C. 715s) (relating to refuge revenue sharing).

     In each fiscal year such interest shall be allocated between 
     the programs referred to in subparagraph (A) and (B) in 
     proportion to the amounts authorized and appropriated for 
     that fiscal year under other provisions of law for purposes 
     of such programs.
       (3) Ceiling on expenditures of interest.--Amounts made 
     available under paragraph (2) in each fiscal year shall not 
     exceed $200,000,000.
       (4) Title iii interest.--All interest attributable to 
     amounts transferred by the Secretary of the Treasury to the 
     Secretary of the Interior for purposes of title III of this 
     Act (and the amendments made by such title III) shall be 
     available, subject to appropriations for fiscal years before 
     fiscal year 2006 and without further appropriation for fiscal 
     year 2006 and each fiscal year thereafter, for obligation or 
     expenditure for purposes of the North American Wetlands 
     Conservation Act of 1989 (16 U.S.C. 4401 and following)
       (e) Refunds.--In those instances where through judicial 
     decision, administrative review, arbitration, or other means 
     there are royalty refunds owed to entities generating 
     revenues under this title, such refunds shall be paid by the 
     Secretary of the Treasury from amounts available in the Fund.

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

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

     SEC. 7. RECORDKEEPING REQUIREMENTS.

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

     SEC. 8. MAINTENANCE OF EFFORT AND MATCHING FUNDING.

       (a) In General.--Except as provided in subsection (b), no 
     State or local government shall receive any funds under this 
     Act during any fiscal year when its expenditures of non-
     Federal funds for recurrent expenditures for programs for 
     which funding is provided

[[Page H2933]]

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

     SEC. 9. SUNSET.

       This Act, including the amendments made by this Act, shall 
     have no force or effect after September 30, 2020.

     SEC. 10. PROTECTION OF PRIVATE PROPERTY RIGHTS.

       (a) Savings Clause.--Nothing in the Act shall authorize 
     that private property be taken for public use, without just 
     compensation--
       (1) as provided by the Fifth and Fourteenth amendments to 
     the United States Constitution; and
       (2) determined based on an independent appraisal of the 
     property, that is--
       (A) paid for by the Federal Government; and
       (B) performed by an appraiser approved by the property 
     owner and the head of the Federal agency taking the action 
     that constitutes a taking of the property.
       (b) Regulation.--Federal agencies, using funds appropriated 
     by this Act, may not apply any regulation on any lands until 
     the lands or water, or an interest therein, is acquired, 
     unless specifically authorized to do so by another Act of 
     Congress.
       (c) Protection of Rights in Non-Federal Property From 
     Federal Acquisition of Nearby Lands.--The right of an owner 
     of non-Federal real property to use and enjoy that property 
     shall not be diminished based on the property being--
       (1) within the boundaries of a Federal unit as a 
     consequence of the acquisition of lands for that unit with 
     amounts made available by this Act; or
       (2) adjacent to Federal lands acquired with amounts made 
     available by this Act.

     SEC. 11. SIGNS.

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

          TITLE I--IMPACT ASSISTANCE AND COASTAL CONSERVATION

     SEC. 101. IMPACT ASSISTANCE FORMULA AND PAYMENTS.

       (a) Impact Assistance Payments to States.--
       (1) Grant program.--Amounts transferred to the Secretary of 
     the Interior from the Conservation and Reinvestment Act Fund 
     under section 5(b)(1) of this Act for purposes of making 
     payments to coastal States under this title in any fiscal 
     year shall be allocated by the Secretary of the Interior 
     among coastal States as provided in this section in each such 
     fiscal year. In each such fiscal year, the Secretary of the 
     Interior shall, subject to appropriations for fiscal years 
     before fiscal year 2006 and without further appropriation for 
     fiscal year 2006 and each fiscal year thereafter, disburse 
     such allocated funds to those coastal States for which the 
     Secretary has approved a Coastal State Conservation and 
     Impact Assistance Plan as required by this title. Payments 
     for all projects shall be made by the Secretary to the 
     Governor of the State or to the State official or agency 
     designated by the Governor or by State law as having 
     authority and responsibility to accept and to administer 
     funds paid hereunder. No payment shall be made to any State 
     until the State has agreed to provide such reports to the 
     Secretary, in such form and containing such information, as 
     may be reasonably necessary to enable the Secretary to 
     perform his duties under this title, and provide such fiscal 
     control and fund accounting procedures as may be necessary to 
     assure proper disbursement and accounting for Federal 
     revenues paid to the State under this title.
       (2) Failure to have plan approved.--At the end of each 
     fiscal year, the Secretary shall return to the Conservation 
     and Reinvestment Act Fund any amount that the Secretary 
     allocated, but did not disburse, in that fiscal year to a 
     coastal State that does not have an approved plan under this 
     title before the end of the fiscal year in which such grant 
     is allocated, except that the Secretary shall hold in escrow 
     until the final resolution of the appeal any amount 
     allocated, but not disbursed, to a coastal State that has 
     appealed the disapproval of a plan submitted under this 
     title.
       (b) Allocation Among Coastal States.--
       (1) Allocable share for each state.--For each coastal 
     State, the Secretary shall determine the State's allocable 
     share of the total amount of the revenues transferred from 
     the Fund under section 5(b)(1) for each fiscal year using the 
     following weighted formula:
       (A) 50 percent of such revenues shall be allocated among 
     the coastal States as provided in paragraph (2).
       (B) 25 percent of such revenues shall be allocated to each 
     coastal State based on the ratio of each State's shoreline 
     miles to the shoreline miles of all coastal States.
       (C) 25 percent of such revenues shall be allocated to each 
     coastal State based on the ratio of each State's coastal 
     population to the coastal population of all coastal States.
       (2) Offshore outer continental shelf share.--If any portion 
     of a producing State lies within a distance of 200 miles from 
     the geographic center of any leased tract, the Secretary of 
     the Interior shall determine such State's allocable share 
     under paragraph (1)(A) based on the formula set forth in this 
     paragraph. Such State share shall be calculated as of the 
     date of the enactment of this Act for the first 5-fiscal year 
     period during which funds are disbursed under this title and 
     recalculated on the anniversary of such date each fifth year 
     thereafter for each succeeding 5-fiscal year period. Each 
     such State's allocable share of the revenues disbursed under 
     paragraph (1)(A) shall be inversely proportional to the 
     distance between the nearest point on the coastline of such 
     State and the geographic center of each leased tract or 
     portion of the leased tract (to the nearest whole mile) that 
     is within 200 miles of that coastline, as determined by the 
     Secretary for the 5-year period concerned. In applying this 
     paragraph a leased tract or portion of a leased tract shall 
     be excluded if the tract or portion is located in a 
     geographic area subject to a leasing moratorium on January 1, 
     1999, unless the lease was issued prior to the establishment 
     of the moratorium and was in production on January 1, 1999.
       (3) Minimum state share.--
       (A) In general.--The allocable share of revenues determined 
     by the Secretary under this subsection for each coastal State 
     with an approved coastal management program (as defined by 
     the Coastal Zone Management Act of 1972 (16 U.S.C. 1451)), or 
     which is making satisfactory progress toward one, shall not 
     be less in any fiscal year than 0.50 percent of the total 
     amount of the revenues transferred by the Secretary of the 
     Treasury to the Secretary of the Interior for purposes of 
     this title for that fiscal year under subsection (a). For any 
     other coastal State the allocable share of such revenues 
     shall not be less than 0.25 percent of such revenues.
       (B) Recomputation.--Where one or more coastal States' 
     allocable shares, as computed under paragraphs (1) and (2), 
     are increased by any amount under this paragraph, the 
     allocable share for all other coastal States shall be 
     recomputed and reduced by the same amount so that not more 
     than 100 percent of the amount transferred by the Secretary 
     of the Treasury to the Secretary of the Interior for purposes 
     of this title for that fiscal year under section 5(b)(1) is 
     allocated to all coastal States. The reduction shall be 
     divided pro rata among such other coastal States.
       (c) Payments to Political Subdivisions.--In the case of a 
     producing State, the Governor of the State shall pay 50 
     percent of the State's allocable share, as determined and 
     disbursed under subsection (b), to the coastal political 
     subdivisions in such State. Such payments shall be allocated 
     among such coastal political subdivisions of the State 
     according to an allocation formula analogous to the 
     allocation formula used in subsection (b) to allocate 
     revenues among the coastal States, except that a coastal 
     political subdivision in the State of California that has a 
     coastal shoreline, that is not within 200 miles of the 
     geographic center of a leased tract or portion of a leased 
     tract, and in which there is located one or more oil 
     refineries shall be eligible for that portion of the 
     allocation described in subsection (b)(1)(A) and (b)(2) in 
     the same manner as if that political subdivision were located 
     within a distance of 50 miles from the geographic center of 
     any leased tract.
       (d) Time of Payment.--Payments to coastal States and 
     coastal political subdivisions under this section shall be 
     made not later than December 31 of each year from revenues 
     received during the immediately preceding fiscal year.

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

       (a) Development and Submission of State Plans.--Each 
     coastal State seeking to receive grants under this title 
     shall prepare, and submit to the Secretary, a Statewide 
     Coastal State Conservation and Impact Assistance Plan. In the 
     case of a producing State, the Governor shall incorporate the 
     plans of the coastal political subdivisions into the 
     Statewide plan for transmittal to the Secretary. The Governor 
     shall solicit

[[Page H2934]]

     local input and shall provide for public participation in the 
     development of the Statewide plan. The plan shall be 
     submitted to the Secretary by April 1 of the calendar year 
     after the calendar year in which this Act is enacted.
       (b) Approval or Disapproval.--
       (1) In general.--Approval of a Statewide plan under 
     subsection (a) is required prior to disbursement of funds 
     under this title by the Secretary. The Secretary shall 
     approve the Statewide plan if the Secretary determines, in 
     consultation with the Secretary of Commerce, that the plan is 
     consistent with the uses set forth in subsection (c) and if 
     the plan contains each of the following:
       (A) The name of the State agency that will have the 
     authority to represent and act for the State in dealing with 
     the Secretary for purposes of this title.
       (B) A program for the implementation of the plan which, for 
     producing States, includes a description of how funds will be 
     used to address the impacts of oil and gas production from 
     the Outer Continental Shelf.
       (C) Certification by the Governor that ample opportunity 
     has been accorded for public participation in the development 
     and revision of the plan.
       (D) Measures for taking into account other relevant Federal 
     resources and programs. The plan shall be correlated so far 
     as practicable with other State, regional, and local plans.
       (2) Procedure and timing; revisions.--The Secretary shall 
     approve or disapprove each plan submitted in accordance with 
     this section. If a State first submits a plan by not later 
     than 90 days before the beginning of the first fiscal year to 
     which the plan applies, the Secretary shall approve or 
     disapprove the plan by not later than 30 days before the 
     beginning of that fiscal year.
       (3) Amendment or revision.--Any amendment to or revision of 
     the plan shall be prepared in accordance with the 
     requirements of this subsection and shall be submitted to the 
     Secretary for approval or disapproval. Any such amendment or 
     revision shall take effect only for fiscal years after the 
     fiscal year in which the amendment or revision is approved by 
     the Secretary.
       (c) Authorized Uses of State Grant Funding.--The funds 
     provided under this title to a coastal State and for coastal 
     political subdivisions are authorized to be used only for one 
     or more of the following purposes:
       (1) Data collection, including but not limited to fishery 
     or marine mammal stock surveys in State waters or both, 
     cooperative State, interstate, and Federal fishery or marine 
     mammal stock surveys or both, cooperative initiatives with 
     universities and private entities for fishery and marine 
     mammal surveys, activities related to marine mammal and 
     fishery interactions, and other coastal living marine 
     resources surveys.
       (2) The conservation, restoration, enhancement, or creation 
     of coastal habitats.
       (3) Cooperative Federal or State enforcement of marine 
     resources management statutes.
       (4) Fishery observer coverage programs in State or Federal 
     waters.
       (5) Invasive, exotic, and nonindigenous species 
     identification and control.
       (6) Coordination and preparation of cooperative fishery 
     conservation and management plans between States including 
     the development and implementation of population surveys, 
     assessments and monitoring plans, and the preparation and 
     implementation of State fishery management plans developed by 
     interstate marine fishery commissions.
       (7) Preparation and implementation of State fishery or 
     marine mammal management plans that comply with bilateral or 
     multilateral international fishery or marine mammal 
     conservation and management agreements or both.
       (8) Coastal and ocean observations necessary to develop and 
     implement real time tide and current measurement systems.
       (9) Implementation of federally approved marine, coastal, 
     or comprehensive conservation and management plans.
       (10) Mitigating marine and coastal impacts of Outer 
     Continental Shelf activities including impacts on onshore 
     infrastructure.
       (11) Projects that promote research, education, training, 
     and advisory services in fields related to ocean, coastal, 
     and Great Lakes resources.
       (d) Compliance With Authorized Uses.--Based on the annual 
     reports submitted under section 4 of this Act and on audits 
     conducted by the Secretary under section 7, the Secretary 
     shall review the expenditures made by each State and coastal 
     political subdivision from funds made available under this 
     title. If the Secretary determines that any expenditure made 
     by a State or coastal political subdivision of a State from 
     such funds is not consistent with the authorized uses set 
     forth in subsection (c), the Secretary shall not make any 
     further grants under this title to that State until the funds 
     used for such expenditure have been repaid to the 
     Conservation and Reinvestment Act Fund.

       TITLE II--LAND AND WATER CONSERVATION FUND REVITALIZATION

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

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

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

       Section 2(c) is amended to read as follows:
       ``(c) Amounts Transferred From Conservation and 
     Reinvestment Act Fund.--In addition to the sum of the 
     revenues and collections estimated by the Secretary of the 
     Interior to be covered into the fund pursuant to subsections 
     (a) and (b) of this section, there shall be covered into the 
     fund all amounts transferred to the fund under section 
     5(b)(2) of the Conservation and Reinvestment Act of 2000.''.

     SEC. 203. AVAILABILITY OF AMOUNTS.

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


                            ``appropriations

       ``Sec. 3. (a) In General.--There are authorized to be 
     appropriated to the Secretary from the fund to carry out this 
     Act not more than $900,000,000 in any fiscal year after the 
     fiscal year 2001. Amounts transferred to the fund from the 
     Conservation and Reinvestment Act Fund and amounts covered 
     into the fund under subsections (a) and (b) of section 2 
     shall be available to the Secretary in fiscal years after the 
     fiscal year 2001, subject to appropriations for fiscal years 
     before fiscal year 2006 and without further appropriation for 
     fiscal year 2006 and each fiscal year thereafter, to carry 
     out this Act.
       ``(b) Obligation and Expenditure of Available Amounts.--
     Amounts available for obligation or expenditure from the fund 
     or from the special account established under section 4(i)(1) 
     may be obligated or expended only as provided in this Act.''.

     SEC. 204. ALLOCATION OF FUND.

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


                         ``allocation of funds

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

     SEC. 205. USE OF FEDERAL PORTION.

       Section 7 (16 U.S.C. 460l-9) is amended by adding at the 
     end the following:
       ``(d) Use of Federal Portion.--
       ``(1) Approval by congress required.--The Federal portion 
     (as that term is defined in section 5(1)) may not be 
     obligated or expended by the Secretary of the Interior or the 
     Secretary of Agriculture for any acquisition except those 
     specifically referred to, and approved by the Congress, in an 
     Act making appropriations for the Department of the Interior 
     or the Department of Agriculture, respectively.
       ``(2) Willing seller requirement.--The Federal portion may 
     not be used to acquire any property unless--
       ``(A) the owner of the property concurs in the acquisition; 
     and
       ``(B) acquisition of that property is specifically approved 
     by an Act of Congress.
       ``(3) Certification by gao required.--Of the amounts in the 
     Federal portion that are transferred from the Conservation 
     and Reinvestment Act Fund and available for a fiscal year to 
     the Secretary of the Interior or to the Secretary of 
     Agriculture, respectively, 25 percent may not be obligated or 
     expended and shall be returned to the general fund of the 
     Treasury unless, before the commencement of the fiscal year, 
     the Comptroller General of the United States submits to the 
     President and the Congress a finding that the operational 
     maintenance backlog of the National Park Service, United 
     States Fish and Wildlife Service, and the Bureau of Land 
     Management of the Department of the Interior or the United 
     States Forest Service of the Department of Agriculture (as 
     applicable) as of the beginning of the preceding fiscal year 
     has been reduced by at least 5 percent.
       ``(e) List of Proposed Federal Acquisitions.--
       ``(1) Restriction on use.--The Federal portion for a fiscal 
     year may not be obligated or expended to acquire any interest 
     in lands or water unless the lands or water were included in 
     a list of acquisitions that is approved by the Congress. This 
     list shall include an inventory of surplus lands under the 
     administrative jurisdiction of the Secretary of the Interior 
     and the Secretary of Agriculture for which there is no 
     demonstrated compelling program need.
       ``(2) Transmission of list.--(A) The Secretary of the 
     Interior and the Secretary of Agriculture shall jointly 
     transmit to the appropriate authorizing and appropriations 
     committees of the House of Representatives and the Senate for 
     each fiscal year, by no later than the submission of the 
     budget for the fiscal year under section 1105 of title 31, 
     United States Code, a list of the acquisitions of interests 
     in lands and water proposed to be made with the Federal 
     portion for the fiscal year.
       ``(B) In preparing each list, the Secretary shall--
       ``(i) seek to consolidate Federal landholdings in States 
     with checkerboard Federal land ownership patterns;
       ``(ii) use equal value land exchanges, where feasible and 
     suitable, as an alternative means of land acquisition;
       ``(iii) use permanent conservation easements, where 
     feasible and suitable, as an alternative means of 
     acquisition;

[[Page H2935]]

       ``(iv) identify those properties that are proposed to be 
     acquired from willing sellers, and not use adverse 
     condemnation; and
       ``(v) establish priorities based on such factors as 
     important or special resource attributes, threats to resource 
     integrity, timely availability, owner hardship, cost 
     escalation, public recreation use values, and similar 
     considerations.
       ``(3) Information regarding proposed acquisitions.--Each 
     list shall include, for each proposed acquisition included in 
     the list--
       ``(A) citation of the statutory authority for the 
     acquisition, if such authority exists; and
       ``(B) an explanation of why the particular interest 
     proposed to be acquired was selected, including an 
     explanation of the priorities under paragraph (2)(B)(iv) that 
     were applied in making the selection.
       ``(f) Notification to Affected Areas Required.--The Federal 
     portion for a fiscal year may not be used to acquire any 
     interest in land unless the Secretary administering the 
     acquisition, by not later than 30 days after the date the 
     Secretaries submit the list under subsection (e) for the 
     fiscal year, provides notice of the proposed acquisition--
       ``(1) in writing to each Member of and each Delegate and 
     Resident Commissioner to the Congress elected to represent 
     any area in which is located--
       ``(A) the land; or
       ``(B) any part of any federally designated unit that 
     includes the land;
       ``(2) in writing to the Governor of the State in which the 
     land is located;
       ``(3) in writing to each State political subdivision having 
     jurisdiction over the land; and
       ``(4) by publication of a notice in a newspaper that is 
     widely distributed in the area under the jurisdiction of each 
     such State political subdivision, that includes a clear 
     statement that the Federal Government intends to acquire an 
     interest in land.
       ``(g) Compliance With Requirements Under Federal Laws.--
       ``(1) In general.--The Federal portion for a fiscal year 
     may not be used to acquire any interest in land or water 
     unless the following have occurred:
       ``(A) All actions required under Federal law with respect 
     to the acquisition have been complied with.
       ``(B) A copy of each final environmental impact statement 
     or environmental assessment required by law, and a summary of 
     all public comments regarding the acquisition that have been 
     received by the agency making the acquisition, are submitted 
     to the Committee on Resources of the House of 
     Representatives, the Committee on Energy and Natural 
     Resources of the Senate, and the Committees on Appropriations 
     of the House of Representatives and of the Senate.
       ``(C) A notice of the availability of such statement or 
     assessment and of such summary is provided to--
       ``(i) each Member of and each Delegate and Resident 
     Commissioner to the Congress elected to represent the area in 
     which the land is located;
       ``(ii) the Governor of the State in which the land is 
     located; and
       ``(iii) each State political subdivision having 
     jurisdiction over the land.
       ``(2) Limitation on application.--Paragraph (1) shall not 
     apply to any acquisition that is specifically authorized by a 
     Federal law.''.

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

       (a) In General.--Section 6(b) (16 U.S.C. 460l-8(b)) is 
     amended to read as follows:
       ``(b) Distribution Among the States.--(1) Sums in the fund 
     available each fiscal year for State purposes shall be 
     apportioned among the several States by the Secretary, in 
     accordance with this subsection. The determination of the 
     apportionment by the Secretary shall be final.
       ``(2) Subject to paragraph (3), of sums in the fund 
     available each fiscal year for State purposes--
       ``(A) 30 percent shall be apportioned equally among the 
     several States; and
       ``(B) 70 percent shall be apportioned so that the ratio 
     that the amount apportioned to each State under this 
     subparagraph bears to the total amount apportioned under this 
     subparagraph for the fiscal year is equal to the ratio that 
     the population of the State bears to the total population of 
     all States.
       ``(3) The total allocation to an individual State for a 
     fiscal year under paragraph (2) shall not exceed 10 percent 
     of the total amount allocated to the several States under 
     paragraph (2) for that fiscal year.
       ``(4) The Secretary shall notify each State of its 
     apportionment, and the amounts thereof shall be available 
     thereafter to the State for planning, acquisition, or 
     development projects as hereafter described. Any amount of 
     any apportionment under this subsection that has not been 
     paid or obligated by the Secretary during the fiscal year in 
     which such notification is given and the two fiscal years 
     thereafter shall be reapportioned by the Secretary in 
     accordance with paragraph (2), but without regard to the 10 
     percent limitation to an individual State specified in 
     paragraph (3).
       ``(5)(A) For the purposes of paragraph (2)(A)--
       ``(i) the District of Columbia shall be treated as a State; 
     and
       ``(ii) Puerto Rico, the Virgin Islands, Guam, and American 
     Samoa--
       ``(I) shall be treated collectively as one State; and
       ``(II) shall each be allocated an equal share of any amount 
     distributed to them pursuant to clause (i).
       ``(B) Each of the areas referred to in subparagraph (A) 
     shall be treated as a State for all other purposes of this 
     Act.''.
       (b) Tribes and Alaska Native Corporations.--Section 6(b)(5) 
     (16 U.S.C. 460l-8(b)(5)) is further amended by adding at the 
     end the following new subparagraph:
       ``(C) For the purposes of paragraph (1), all federally 
     recognized Indian tribes and Native Corporations (as defined 
     in section 3 of the Alaska Native Claims Settlement Act (43 
     U.S.C. 1602)), shall be eligible to receive shares of the 
     apportionment under paragraph (1) in accordance with a 
     competitive grant program established by the Secretary by 
     rule. The total apportionment available to such tribes and 
     Native Corporations shall be equivalent to the amount 
     available to a single State. No single tribe or Native 
     Corporation shall receive a grant that constitutes more than 
     10 percent of the total amount made available to all tribes 
     and Native Corporations pursuant to the apportionment under 
     paragraph (1). Funds received by a tribe or Native 
     Corporation under this subparagraph may be expended only for 
     the purposes specified in paragraphs (1) and (3) of 
     subsection (a).''.
       (c) Local Allocation.--Section 6(b) (16 U.S.C. 460l-8(b)) 
     is amended by adding at the end the following:
       ``(6) Absent some compelling and annually documented reason 
     to the contrary acceptable to the Secretary of the Interior, 
     each State (other than an area treated as a State under 
     paragraph (5)) shall make available as grants to local 
     governments, at least 50 percent of the annual State 
     apportionment, or an equivalent amount made available from 
     other sources.''.

     SEC. 207. STATE PLANNING.

       (a) State Action Agenda Required.--
       (1) In general.--Section 6(d) (16 U.S.C. 460l-8(d)) is 
     amended to read as follows:
       ``(d) State Action Agenda Required.--(1) Each State may 
     define its own priorities and criteria for selection of 
     outdoor conservation and recreation acquisition and 
     development projects eligible for grants under this Act so 
     long as it provides for public involvement in this process 
     and publishes an accurate and current State Action Agenda for 
     Community Conservation and Recreation (in this Act referred 
     to as the `State Action Agenda') indicating the needs it has 
     identified and the priorities and criteria it has 
     established. In order to assess its needs and establish its 
     overall priorities, each State, in partnership with its local 
     governments and in consultation with its citizens, shall 
     develop, within 5 years after the enactment of the 
     Conservation and Reinvestment Act of 2000, a State Action 
     Agenda that meets the following requirements:
       ``(A) The agenda must be strategic, originating in broad-
     based and long-term needs, but focused on actions that can be 
     funded over the next 4 years.
       ``(B) The agenda must be updated at least once every 4 
     years and certified by the Governor that the State Action 
     Agenda conclusions and proposed actions have been considered 
     in an active public involvement process.
       ``(2) State Action Agendas shall take into account all 
     providers of conservation and recreation lands within each 
     State, including Federal, regional, and local government 
     resources, and shall be correlated whenever possible with 
     other State, regional, and local plans for parks, recreation, 
     open space, and wetlands conservation. Recovery action 
     programs developed by urban localities under section 1007 of 
     the Urban Park and Recreation Recovery Act of 1978 may be 
     used by a State as a guide to the conclusions, priorities, 
     and action schedules contained in State Action Agenda. Each 
     State shall assure that any requirements for local outdoor 
     conservation and recreation planning, promulgated as 
     conditions for grants, minimize redundancy of local efforts 
     by allowing, wherever possible, use of the findings, 
     priorities, and implementation schedules of recovery action 
     programs to meet such requirements.''.
       (2) Existing state plans.--Comprehensive State Plans 
     developed by any State under section 6(d) of the Land and 
     Water Conservation Fund Act of 1965 before the date that is 5 
     years after the enactment of this Act shall remain in effect 
     in that State until a State Action Agenda has been adopted 
     pursuant to the amendment made by this subsection, but no 
     later than 5 years after the enactment of this Act.
       (b) Miscellaneous.--Section 6(e) (16 U.S.C. 460l-8(e)) is 
     amended as follows:
       (1) In the matter preceding paragraph (1) by striking 
     ``State comprehensive plan'' and inserting ``State Action 
     Agenda''.
       (2) In paragraph (1) by striking ``comprehensive plan'' and 
     inserting ``State Action Agenda''.

     SEC. 208. ASSISTANCE TO STATES FOR OTHER PROJECTS.

       Section 6(e)(2) (16 U.S.C. 460l-8(e)(2)) is amended by 
     inserting before the period at the end the following: ``or to 
     enhance public safety within a designated park or recreation 
     area''.

     SEC. 209. CONVERSION OF PROPERTY TO OTHER USE.

       Section 6(f)(3) (16 U.S.C. 460l-8(f)(3)) is amended--
       (1) by inserting ``(A)'' before ``No property''; and
       (2) by striking the second sentence and inserting the 
     following:
       ``(B) Prior to each such conversion, the Governor of the 
     State shall demonstrate that--

[[Page H2936]]

       ``(i) no prudent or feasible alternative exists with the 
     exception of those properties that no longer meet the 
     criteria within the State Plan or Agenda as an outdoor 
     conservation and recreation facility due to changes in 
     demographics or that must be abandoned because of 
     environmental contamination which endangers public health and 
     safety; and
       ``(ii) the conversion will assure the substitution of other 
     conservation and recreation properties of at least equal fair 
     market value and reasonably equivalent usefulness and 
     location and that are consistent with the existing State Plan 
     or Agenda.''.

     SEC. 210. WATER RIGHTS.

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


                             ``water rights

       ``Sec. 14. Nothing in this title--
       ``(1) invalidates or preempts State or Federal water law or 
     an interstate compact governing water;
       ``(2) alters the rights of any State to any appropriated 
     share of the waters of any body of surface or ground water, 
     whether determined by past or future interstate compacts or 
     by past or future legislative or final judicial allocations;
       ``(3) preempts or modifies any Federal or State law, or 
     interstate compact, dealing with water quality or disposal; 
     or
       ``(4) confers on any non-Federal entity the ability to 
     exercise any Federal right to the waters of any stream or to 
     any ground water resource.''.

            TITLE III--WILDLIFE CONSERVATION AND RESTORATION

     SEC. 301. PURPOSES.

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

     SEC. 302. DEFINITIONS.

       (a) Reference to Law.--In this title, the term ``Federal 
     Aid in Wildlife Restoration Act'' means the Act of September 
     2, 1937 (16 U.S.C. 669 and following), commonly referred to 
     as the Federal Aid in Wildlife Restoration Act or the 
     Pittman-Robertson Act.
       (b) Wildlife Conservation and Restoration Program.--Section 
     2 of the Federal Aid in Wildlife Restoration Act (16 U.S.C. 
     669a) is amended by inserting after ``shall be construed'' 
     the first place it appears the following: ``to include the 
     wildlife conservation and restoration program and''.
       (c) State Agencies.--Section 2 of the Federal Aid in 
     Wildlife Restoration Act (16 U.S.C. 669a) is amended by 
     inserting ``or State fish and wildlife department'' after 
     ``State fish and game department''.
       (d) Definitions.--Section 2 of the Federal Aid in Wildlife 
     Restoration Act (16 U.S.C. 669a) is amended by striking the 
     period at the end thereof, substituting a semicolon, and 
     adding the following: ``the term `conservation' shall be 
     construed to mean the use of methods and procedures necessary 
     or desirable to sustain healthy populations of wildlife 
     including all activities associated with scientific resources 
     management such as research, census, monitoring of 
     populations, acquisition, improvement and management of 
     habitat, live trapping and transplantation, wildlife damage 
     management, and periodic or total protection of a species or 
     population as well as the taking of individuals within 
     wildlife stock or population if permitted by applicable State 
     and Federal law; the term `wildlife conservation and 
     restoration program' means a program developed by a State 
     fish and wildlife department and approved by the Secretary 
     under section 4(d), the projects that constitute such a 
     program, which may be implemented in whole or part through 
     grants and contracts by a State to other State, Federal, or 
     local agencies (including those that gather, evaluate, and 
     disseminate information on wildlife and their habitats) 
     wildlife conservation organizations, and outdoor recreation 
     and conservation education entities from funds apportioned 
     under this title, and maintenance of such projects; the term 
     `wildlife' shall be construed to mean any species of wild, 
     free-ranging fauna including fish, and also fauna in captive 
     breeding programs the object of which is to reintroduce 
     individuals of a depleted indigenous species into previously 
     occupied range; the term `wildlife-associated recreation' 
     shall be construed to mean projects intended to meet the 
     demand for outdoor activities associated with wildlife 
     including, but not limited to, hunting and fishing, wildlife 
     observation and photography, such projects as construction or 
     restoration of wildlife viewing areas, observation towers, 
     blinds, platforms, land and water trails, water access, trail 
     heads, and access for such projects; and the term `wildlife 
     conservation education' shall be construed to mean projects, 
     including public outreach, intended to foster responsible 
     natural resource stewardship.''.

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

       Section 3 of the Federal Aid in Wildlife Restoration Act 
     (16 U.S.C. 669b) is amended--
       (1) in subsection (a) by inserting ``(1)'' after ``(a)'', 
     and by adding at the end the following:
       ``(2) There is established in the Federal aid to wildlife 
     restoration fund a subaccount to be known as the `wildlife 
     conservation and restoration account'. Amounts transferred to 
     the fund for a fiscal year under section 5(b)(3) of the 
     Conservation and Reinvestment Act of 2000 shall be deposited 
     in the subaccount and shall be available, subject to 
     appropriations for fiscal years before fiscal year 2006 and 
     without further appropriation for fiscal year 2006 and each 
     fiscal year thereafter, for apportionment in accordance with 
     this Act to carry out State wildlife conservation and 
     restoration programs.''; and
       (2) by adding at the end the following:
       ``(c) Amounts transferred to the fund from the Conservation 
     and Reinvestment Act Fund and apportioned under subsection 
     (a)(2) shall supplement, but not replace, existing funds 
     available to the States from the sport fish restoration 
     account and wildlife restoration account and shall be used 
     for the development, revision, and implementation of wildlife 
     conservation and restoration programs and should be used to 
     address the unmet needs for a diverse array of wildlife and 
     associated habitats, including species that are not hunted or 
     fished, for wildlife conservation, wildlife conservation 
     education, and wildlife-associated recreation projects. Such 
     funds may be used for new programs and projects as well as to 
     enhance existing programs and projects.
       ``(d)(1) Notwithstanding subsections (a) and (b) of this 
     section, with respect to amounts transferred to the fund from 
     the Conservation and Reinvestment Act Fund so much of such 
     amounts as is apportioned to any State for any fiscal year 
     and as remains unexpended at the close thereof shall remain 
     available for expenditure in that State until the close of--
       ``(A) the fourth succeeding fiscal year, in the case of 
     amounts transferred in any of the first 10 fiscal years 
     beginning after the date of enactment of the Conservation and 
     Reinvestment Act of 2000; or
       ``(B) the second succeeding fiscal year, in the case of 
     amounts transferred in a fiscal year beginning after the 10-
     fiscal-year period referred to in subparagraph (A).
       ``(2) Any amount apportioned to a State under this 
     subsection that is unexpended or unobligated at the end of 
     the period during which it is available under paragraph (1) 
     shall be reapportioned to all States during the succeeding 
     fiscal year.''.

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

       (a) In General.--Section 4 of the Federal Aid in Wildlife 
     Restoration Act (16 U.S.C. 669c) is amended by adding at the 
     end the following new subsection:
       ``(c) Amounts Transferred From Conservation and 
     Reinvestment Act Fund.--(1) The Secretary of the Interior 
     shall, subject to appropriations for fiscal years before 
     fiscal year 2006 and without further appropriation for fiscal 
     year 2006 and each fiscal year thereafter, make the following 
     apportionment from the amount transferred to the fund from 
     the Conservation and Reinvestment Act Fund for each fiscal 
     year:
       ``(A) To the District of Columbia and to the Commonwealth 
     of Puerto Rico, each a sum equal to not more than \1/2\ of 1 
     percent thereof.
       ``(B) To Guam, American Samoa, the Virgin Islands, and the 
     Commonwealth of the Northern Mariana Islands, each a sum 
     equal to not more than \1/6\ of 1 percent thereof.
       ``(2)(A) The Secretary of the Interior, after making the 
     apportionment under paragraph (1), shall apportion the 
     remainder of the amount transferred to the fund from the 
     Conservation and Reinvestment Act Fund for each fiscal year 
     among the States in the following manner:
       ``(i) \1/3\ of which is based on the ratio to which the 
     land area of such State bears to the total land area of all 
     such States.
       ``(ii) \2/3\ of which is based on the ratio to which the 
     population of such State bears to the total population of all 
     such States.
       ``(B) The amounts apportioned under this paragraph shall be 
     adjusted equitably so that no such State shall be apportioned 
     a sum which is less than \1/2\ of 1 percent of the amount 
     available for apportionment under this paragraph for any 
     fiscal year or more than 5 percent of such amount.
       ``(3) Amounts transferred to the fund from the Conservation 
     and Reinvestment Act Fund shall not be available for any 
     expenses incurred in the administration and execution of 
     programs carried out with such amounts.
       ``(d) Wildlife Conservation and Restoration Programs.--(1) 
     Any State, through its fish and wildlife department, may 
     apply to the Secretary of the Interior for approval of a 
     wildlife conservation and restoration program, or for funds 
     to develop a program. To apply, a State shall submit a 
     comprehensive plan that includes--

[[Page H2937]]

       ``(A) provisions vesting in the fish and wildlife 
     department of the State overall responsibility and 
     accountability for the program;
       ``(B) provisions for the development and implementation 
     of--
       ``(i) wildlife conservation projects that expand and 
     support existing wildlife programs, giving appropriate 
     consideration to all wildlife;
       ``(ii) wildlife-associated recreation projects; and
       ``(iii) wildlife conservation education projects pursuant 
     to programs under section 8(a); and
       ``(C) provisions to ensure public participation in the 
     development, revision, and implementation of projects and 
     programs required under this paragraph.
       ``(2) A State shall provide an opportunity for public 
     participation in the development of the comprehensive plan 
     required under paragraph (1).
       ``(3) If the Secretary finds that the comprehensive plan 
     submitted by a State complies with paragraph (1), the 
     Secretary shall approve the wildlife conservation and 
     restoration program of the State and set aside from the 
     apportionment to the State made pursuant to subsection (c) an 
     amount that shall not exceed 75 percent of the estimated cost 
     of developing and implementing the program.
       ``(4)(A) Except as provided in subparagraph (B), after the 
     Secretary approves a State's wildlife conservation and 
     restoration program, the Secretary may make payments on a 
     project that is a segment of the State's wildlife 
     conservation and restoration program as the project 
     progresses. Such payments, including previous payments on the 
     project, if any, shall not be more than the United States pro 
     rata share of such project. The Secretary, under such 
     regulations as he may prescribe, may advance funds 
     representing the United States pro rata share of a project 
     that is a segment of a wildlife conservation and restoration 
     program, including funds to develop such program.
       ``(B) Not more than 10 percent of the amounts apportioned 
     to each State under this section for a State's wildlife 
     conservation and restoration program may be used for 
     wildlife-associated recreation.
       ``(5) For purposes of this subsection, the term `State' 
     shall include the District of Columbia, the Commonwealth of 
     Puerto Rico, the Virgin Islands, Guam, American Samoa, and 
     the Commonwealth of the Northern Mariana Islands.''.
       (b) FACA.--Coordination with State fish and wildlife agency 
     personnel or with personnel of other State agencies pursuant 
     to the Federal Aid in Wildlife Restoration Act or the Federal 
     Aid in Sport Fish Restoration Act shall not be subject to the 
     Federal Advisory Committee Act (5 U.S.C. App.). Except for 
     the preceding sentence, the provisions of this title relate 
     solely to wildlife conservation and restoration programs and 
     shall not be construed to affect the provisions of the 
     Federal Aid in Wildlife Restoration Act relating to wildlife 
     restoration projects or the provisions of the Federal Aid in 
     Sport Fish Restoration Act relating to fish restoration and 
     management projects.

     SEC. 305. EDUCATION.

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

     SEC. 306. PROHIBITION AGAINST DIVERSION.

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

    TITLE IV--URBAN PARK AND RECREATION RECOVERY PROGRAM AMENDMENTS

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

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

     SEC. 402. PURPOSE.

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

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

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


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

       ``Sec. 1013. (a) In General.--Amounts transferred to the 
     Secretary of the Interior under section 5(b)(4) of the 
     Conservation and Reinvestment Act of 2000 in a fiscal year 
     shall be available to the Secretary, subject to 
     appropriations for fiscal years before fiscal year 2006 and 
     without further appropriation for fiscal year 2006 and each 
     fiscal year thereafter, to carry out this title. Any amount 
     that has not been paid or obligated by the Secretary before 
     the end of the second fiscal year beginning after the first 
     fiscal year in which the amount is available shall be 
     reapportioned by the Secretary among grantees under this 
     title.
       ``(b) Limitations on Annual Grants.--Of the amounts 
     available in a fiscal year under subsection (a)--
       ``(1) not more that 3 percent may be used for grants for 
     the development of local park and recreation recovery action 
     programs pursuant to sections 1007(a) and 1007(c);
       ``(2) not more than 10 percent may be used for innovation 
     grants pursuant to section 1006; and
       ``(3) not more than 15 percent may be provided as grants 
     (in the aggregate) for projects in any one State.
       ``(c) Limitation on Use for Grant Administration.--The 
     Secretary shall establish a limit on the portion of any grant 
     under this title that may be used for grant and program 
     administration.''.

     SEC. 404. DEFINITIONS.

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

     SEC. 405. ELIGIBILITY.

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

     SEC. 406. GRANTS.

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


                                ``grants

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

     SEC. 407. RECOVERY ACTION PROGRAMS.

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

     SEC. 408. STATE ACTION INCENTIVES.

       Section 1008 (16 U.S.C. 2507) is amended--
       (1) by inserting ``(a) In General.--'' before the first 
     sentence; and
       (2) by striking the last sentence of subsection (a) (as 
     designated by paragraph (1) of this section) and inserting 
     the following:
       ``(b) Coordination With Land and Water Conservation Fund 
     Activities.--(1) The Secretary and general purpose local 
     governments are encouraged to coordinate preparation of 
     recovery action programs required by this title with State 
     Plans or Agendas required under section 6 of the Land and 
     Water Conservation Fund Act of 1965, including by

[[Page H2938]]

     allowing flexibility in preparation of recovery action 
     programs so they may be used to meet State and local 
     qualifications for local receipt of Land and Water 
     Conservation Fund grants or State grants for similar purposes 
     or for other conservation or recreation purposes.
       ``(2) The Secretary shall encourage States to consider the 
     findings, priorities, strategies, and schedules included in 
     the recovery action programs of their urban localities in 
     preparation and updating of State plans in accordance with 
     the public coordination and citizen consultation requirements 
     of subsection 6(d) of the Land and Water Conservation Fund 
     Act of 1965.''.

     SEC. 409. CONVERSION OF RECREATION PROPERTY.

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


                  ``conversion of recreation property

       ``Sec. 1010. (a) Before converting any property developed, 
     acquired, or rehabilitated with amounts provided under this 
     title to any purpose other than public recreation purposes, a 
     grantee, through the designated State official, shall notify 
     the Secretary that no prudent or feasible alternative exists.
       ``(b) Subsection (a) shall apply also to the park, 
     recreation, or conservation area of which the property is a 
     part.''.

     SEC. 410. REPEAL.

       Section 1015 (16 U.S.C. 2514) is repealed.

                  TITLE V--HISTORIC PRESERVATION FUND

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

       Section 108 of the National Historic Preservation Act (16 
     U.S.C. 470h) is amended--
       (1) by inserting ``(a)'' before the first sentence;
       (2) in subsection (a) (as designated by paragraph (1) of 
     this section) by striking all after the first sentence; and
       (3) by adding at the end the following:
       ``(b) Amounts transferred to the Secretary under section 
     5(b)(5) of the Conservation and Reinvestment Act of 2000 in a 
     fiscal year shall be deposited into the Fund and shall be 
     available, subject to appropriations for fiscal years before 
     fiscal year 2006 and without further appropriation for fiscal 
     year 2006 and each fiscal year thereafter, to carry out this 
     Act.
       ``(c) At least \1/2\ of the funds obligated or expended 
     each fiscal year under this Act shall be used in accordance 
     with this Act for preservation projects on historic 
     properties. In making such funds available, the Secretary 
     shall give priority to the preservation of endangered 
     historic properties.''.

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

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

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

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

             TITLE VI--FEDERAL AND INDIAN LANDS RESTORATION

     SEC. 601. PURPOSE.

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

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

       (a) In General.--Amounts transferred to the Secretary of 
     the Interior and the Secretary of Agriculture under section 
     5(b)(5) of this Act in a fiscal year shall be available in 
     that fiscal year, subject to appropriations for fiscal years 
     before fiscal year 2006 and without further appropriation for 
     fiscal year 2006 and each fiscal year thereafter, to carry 
     out this title.
       (b) Allocation.--Amounts referred to in subsection (a) year 
     shall be allocated and available as follows:
       (1) Department of the interior.--80 percent shall be 
     allocated and available to the Secretary of the Interior to 
     carry out the purpose of this title on lands within the 
     National Park System, lands within the National Wildlife 
     Refuge System, and public lands administered by the Bureau of 
     Land Management.
       (2) Department of agriculture.--10 percent shall be 
     allocated and available to the Secretary of Agriculture to 
     carry out the purpose of this title on lands within the 
     National Forest System.
       (3) Indian tribes.--10 percent shall be allocated and 
     available to the Secretary of the Interior for competitive 
     grants to qualified Indian tribes under section 603(b).

     SEC. 603. AUTHORIZED USES OF TRANSFERRED AMOUNTS.

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

     SEC. 604. INDIAN TRIBE DEFINED.

       In this title, the term ``Indian tribe'' means an Indian or 
     Alaska Native tribe, band, nation, pueblo, village, or 
     community that the Secretary of the Interior recognizes as an 
     Indian tribe under section 104 of the Federally Recognized 
     Indian Tribe List Act of 1994 (25 U.S.C. 479a-1).

 TITLE VII--FARMLAND PROTECTION PROGRAM AND ENDANGERED AND THREATENED 
                            SPECIES RECOVERY

                Subtitle A--Farmland Protection Program

     SEC. 701. ADDITIONAL FUNDING AND ADDITIONAL AUTHORITIES UNDER 
                   FARMLAND PROTECTION PROGRAM.

       Section 388 of the Federal Agriculture Improvement and 
     Reform Act of 1996 (Public Law 104-127; 16 U.S.C. 3830 note) 
     is amended to read as follows:

     ``SEC. 388. FARMLAND PROTECTION PROGRAM.

       ``(a) Establishment and Purpose.--The Secretary of 
     Agriculture shall carry out a farmland protection program for 
     the purpose of protecting farm, ranch, and forest lands with 
     prime, unique, or other productive uses by limiting the 
     nonagricultural uses of the lands. Under the program, the 
     Secretary may provide matching grants to eligible entities 
     described in subsection (d) to facilitate their purchase of--
       ``(1) permanent conservation easements in such lands; or
       ``(2) conservation easements or other interests in such 
     lands when the lands are subject to a pending offer from a 
     State or local government.
       ``(b) Conservation Plan.--Any highly erodible land for 
     which a conservation easement or other interest is purchased 
     using funds made available under this section shall be 
     subject to the requirements of a conservation plan that 
     requires, at the option of the Secretary of Agriculture, the 
     conversion of the cropland to less intensive uses.
       ``(c) Maximum Federal Share.--The Federal share of the cost 
     of purchasing a conservation easement described in subsection 
     (a)(1) may not exceed 50 percent of the total cost of 
     purchasing the easement.
       ``(d) Eligible Entity Defined.--In this section, the term 
     `eligible entity' means any of the following:
       ``(1) An agency of a State or local government.
       ``(2) A federally recognized Indian tribe.
       ``(3) Any organization that is organized for, and at all 
     times since its formation has been operated principally for, 
     one or more of the conservation purposes specified in clause 
     (i), (ii), or (iii) of section 170(h)(4)(A) of the Internal 
     Revenue Code of 1986 and--
       ``(A) is described in section 501(c)(3) of the Code;
       ``(B) is exempt from taxation under section 501(a) of the 
     Code; and
       ``(C) is described in paragraph (2) of section 509(a) of 
     the Code, or paragraph (3) of such section, but is controlled 
     by an organization described in paragraph (2) of such 
     section.
       ``(e) Title; Enforcement.--Any eligible entity may hold 
     title to a conservation easement purchased using grant funds 
     provided under subsection (a)(1) and enforce the conservation 
     requirements of the easement.
       ``(f) State Certification.--As a condition of the receipt 
     by an eligible entity of a grant under subsection (a)(1), the 
     attorney general of the State in which the conservation 
     easement is to be purchased using the grant funds shall 
     certify that the conservation easement to be purchased is in 
     a form that is sufficient, under the laws of the State, to 
     achieve the purposes of the farmland protection program and 
     the terms and conditions of the grant.
       ``(g) Technical Assistance.--To provide technical 
     assistance to carry out this section, the Secretary of 
     Agriculture may not use more than 10 percent of the amount 
     made available for any fiscal year under section 702 of the 
     Conservation and Reinvestment Act of 2000.''.

[[Page H2939]]

     SEC. 702. FUNDING.

       (a) Availability.--Amounts transferred to the Secretary of 
     Agriculture under section 5(b)(7) of this Act in a fiscal 
     year shall be available to the Secretary of Agriculture, 
     subject to appropriations for fiscal years before fiscal year 
     2006 and without further appropriation for fiscal year 2006 
     and each fiscal year thereafter, to carry out--
       (1) the farmland protection program under section 388 of 
     the Federal Agriculture Improvement and Reform Act of 1996 
     (Public Law 104-127; 16 U.S.C. 3830 note), and
       (2) the Forest Legacy Program under section 7 of the 
     Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 
     2103c).
       (b) Minimum Allocation.--Not less than 10 percent of the 
     amounts transferred to the Secretary of Agriculture under 
     section 5(b)(7) of this Act in a fiscal year shall be used 
     for each of the programs referred to in paragraphs (1) and 
     (2) of subsection (a).

         Subtitle B--Endangered and Threatened Species Recovery

     SEC. 711. PURPOSES.

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

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

       Amounts transferred to the Secretary of the Interior under 
     section 5(b)(8) of this Act in a fiscal year shall be 
     available to the Secretary of the Interior, subject to 
     appropriations for fiscal years before fiscal year 2006 and 
     without further appropriation for fiscal year 2006 and each 
     fiscal year thereafter, to carry out this subtitle.

     SEC. 713. ENDANGERED AND THREATENED SPECIES RECOVERY 
                   ASSISTANCE.

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

     SEC. 714. ENDANGERED AND THREATENED SPECIES RECOVERY 
                   AGREEMENTS.

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

     SEC. 715. DEFINITIONS.

       In this subtitle:
       (1) Endangered or threatened species.--The term 
     ``endangered or threatened species'' means any species that 
     is listed as an endangered species or threatened species 
     under section 4 of the Endangered Species Act of 1973 (16 
     U.S.C. 1533).
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior or the Secretary of Commerce, in accordance 
     with section 3 of the Endangered Species Act of 1973 (16 
     U.S.C. 1532).
       (3) Small landowner.--The term ``small landowner'' means an 
     individual who owns 50 acres or fewer of land.
       (4) Species recovery agreement.--The term ``species 
     recovery agreement'' means an Endangered and Threatened 
     Species Recovery Agreement entered into by the Secretary 
     under section 714.
                                  ____


                              H. Res. 497

       Resolved, That at any time after the adoption of this 
     resolution the Speaker may, pursuant to clause 2(b) of rule 
     XVIII, declare the House resolved into the Committee of the 
     Whole House on the State of the Union for consideration of 
     the bill (H.R. 701) to provide Outer Continental Shelf Impact 
     Assistance to State and local governments, to amend the Land 
     and Water Conservation Fund Act of 1965, the Urban Park and 
     Recreation Recovery Act of 1978, and the Federal Aid in 
     Wildlife Restoration Act (commonly referred to as the 
     Pittman-Robertson Act) to establish a fund to meet the 
     outdoor conservation and recreation needs of the American 
     people, and for other purposes. The first reading of the bill 
     shall be dispensed with. All points of order against 
     consideration of the bill are waived. General debate shall be 
     confined to the bill and shall not exceed 90 minutes equally 
     divided and controlled by the chairman and ranking minority 
     member of the Committee on Resources. After general debate 
     the bill shall be considered for amendment under the five-
     minute rule. In lieu of the amendment recommended by the 
     Committee on Resources now printed in the bill, it shall be 
     in order to consider as an original bill for the purpose of 
     amendment under the five-minute rule an amendment in the 
     nature of a substitute consisting of the text of H.R. 4377. 
     That amendment in the nature of a substitute shall be 
     considered as read. All points of order against that 
     amendment in the nature of a substitute are waived. No 
     amendment to that amendment in the nature of a substitute 
     shall be in order except those printed in the report of the 
     Committee on Rules. Each amendment may be offered only in the 
     order printed in the report, may be offered only by a Member 
     designated in the report, shall be considered as read, shall

[[Page H2940]]

     be debatable for the time specified in the report equally 
     divided and controlled by the proponent and an opponent, 
     shall not be subject to amendment, and shall not be subject 
     to a demand for division of the question in the House or in 
     the Committee of the Whole. All points of order against the 
     amendments printed in the report are waived. The Chairman of 
     the Committee of the Whole may: (1) postpone until a time 
     during further consideration in the Committee of the Whole a 
     request for a recorded vote on any amendment; and (2) reduce 
     to five minutes the minimum time for electronic voting on any 
     postponed question that follows another electronic vote 
     without intervening business, provided that the minimum time 
     for electronic voting on the first in any series of questions 
     shall be 15 minutes. At the conclusion of consideration of 
     the bill for amendment the Committee shall rise and report 
     the bill to the House with such amendments as may have been 
     adopted. Any Member may demand a separate vote in the House 
     on any amendment adopted in the Committee of the Whole to the 
     bill or to the amendment in the nature of a substitute made 
     in order as original text. The previous question shall be 
     considered as ordered on the bill and amendments thereto to 
     final passage without intervening motion except one motion to 
     recommit with or without instructions.

  The CHAIRMAN pro tempore. Pursuant to House Resolution 497, the 
gentleman from Texas (Mr. Thornberry) and a Member opposed each will 
control 20 minutes.
  The Chair recognizes the gentleman from Texas (Mr. Thornberry).
  Mr. THORNBERRY. Mr. Chairman, I yield myself such time as I may 
consume.
  Mr. Chairman, I would like to commend my chairman, the gentleman from 
Alaska (Mr. Young), and the others who have worked with him on this 
bill for trying to meet a very real need in this country. There is 
obviously a great deal of interest in this House to have a dedicated 
funding stream to help us take better care of coastal areas and to fund 
the Land and Water Conservation Fund, and for the other purposes 
identified in this bill.
  This bill is certainly a major departure from the way we have handled 
those issues in the past, and it gives us an opportunity to take better 
care of these resources.
  But I also believe that the Chairman's bill can be made better. It 
can be made more fiscally responsible. It can be made better so we take 
better care of the property we already have under our control, because, 
Mr. Chairman, there are consequences to our actions. There are severe 
consequences if this bill is allowed to pass in the form it is now.
  My substitute which I have offered is very similar in most respects 
to CARA. It differs from the Chairman's bill in four primary areas: It 
is more fiscally responsible, it ensures that we take better care of 
the property the Federal government already has, it ensures that 
communities affected by Federal action will be compensated, and it 
strengthens private property rights.
  Mr. Chairman, my substitute is much more fiscally responsible. 
Yesterday, the committee passed the Shadegg amendment, which requires a 
certification on social security, Medicare, and debt. That is a good 
start, but they are not the only priorities we have to worry about in 
this budget. There are a number of other priorities.
  I would refer my colleagues to today's Washington Post, a publication 
I am not used to citing. The Washington Post today, in one of their 
editorials, says, ``Our objection to this bill is not the purposes but 
the automatic spending with regard to the competing claims on the 
Federal dollars.''
  The spending would be automatic. This program would go to the head of 
the line, ahead of national defense, ahead of education, ahead of tax 
collection, ahead of biomedical research, you name it. So we cannot 
automatically put this ahead of everything else without looking at the 
consequences.
  What I do, Mr. Chairman, is say we need time to prepare the budget. 
We just passed a 5-year budget. We need to take time before we move it 
to mandatory spending to take these new priorities into account.
  Secondly, we have to address the maintenance backlog that we have 
heard discussed in this debate. The Department of the Interior can tell 
us it is somewhere around $8 billion to $14 billion of backlog that we 
already have. It is big, it is getting worse, and if the Federal 
government takes in a lot more land under this bill, it is going to get 
far worse than it is now. My substitute has a dedicated fund for 
maintenance, and it can only be used for maintenance.
  Also, it requires that the maintenance backlog go down by 5 percent a 
year. If it does not go down to meet those targets, then the 
acquisition funds are reduced, so we have a guarantee that we deal with 
this maintenance problem which has plagued us.
  Third, my substitute makes the PILT payments mandatory. My substitute 
makes the PILT payments mandatory. We cannot ignore the consequences of 
our actions when the Federal government takes land off the private 
property rolls. That is going to grow under this bill.
  To say that PILT should be a matching program so if in Congress's 
discretion we happen to fund it that year I think is wrong. It needs to 
be mandatory like the rest of it, to ensure that these communities are 
compensated for the lack of the tax roll.
  Finally, my bill strengthens property rights. We have heard some of 
these property issues previously in the debate. I also add an 
appraiser. The Federal government has to pay for an appraiser to get an 
independent appraisal when the Federal government is taking over 
property. I require that there be a willing seller and that land 
acquisitions be approved by Congress. There are other provisions here 
as well.
  I take, in this substitute, the structure of CARA, I leave it 
essentially as it is, but I address those concerns that Members have 
addressed throughout this debate.
  I think this substitute is much more responsible. It helps us to deal 
with the consequences of this action. I hope my colleagues will agree 
and vote for it.
  Mr. Chairman, I reserve the balance of my time.
  Mr. YOUNG of Alaska. Mr. Chairman, I claim the time to refute the 
substitute.
  The CHAIRMAN pro tempore. The gentleman from Alaska (Mr. Young) is 
recognized for 20 minutes in opposition to the amendment.
  Mr. YOUNG of Alaska. Mr. Chairman, I yield 10 minutes to the 
gentleman from California (Mr. George Miller) to control, and I will 
claim 10 minutes in opposition.
  The CHAIRMAN. Without objection, the gentleman from Alaska (Mr. 
Young) and the gentleman from California (Mr. George Miller) each will 
control 10 minutes.
  There was no objection.
  Mr. YOUNG of Alaska. Mr. Chairman, I yield 2 minutes to the gentleman 
from New York (Mr. Boehlert).
  Mr. BOEHLERT. Mr. Chairman, I thank the gentleman for yielding time 
to me.
  Mr. Chairman, I rise in strong opposition to this substitute, which 
in effect would kill CARA. We are getting to the end of this marathon 
debate now, and thanks to the hard work of the sponsors and the 
chairman and the ranking member, CARA has emerged relatively unscathed. 
We cannot lose strength now that we are nearing the finish line.
  Here is some information that should make it easy to reject this 
substitute. Over the past day and a half, the House has already 
decisively defeated every significant change to CARA that is included 
in the Thornberry substitute. All the Thornberry amendment does is 
package all the proposals that the House has already discarded.
  The substitute amendment would put off CARA spending for 5 years, 
make it difficult to undertake any Federal land purchases, and 
hamstring government efforts to protect existing parks and forests. We 
do not want to do any of the above.
  Again, the House has already wisely rejected all of these ideas. I do 
not know why pulling all of these defeated proposals into one 
substitute would make them more appealing. They certainly do not do 
those of us who are following the details of this very important 
legislation.
  This is legacy legislation. This is legislation for future 
generations. This is legislation that deals responsibly with our 
stewardship. This is legislation that has brought together in this 
Chamber, the people's House, diverse elements of this body 
geographically, New York, Alaska, California. Republican, Democrat, 
conservative, liberal, moderate, we are all together on this for all 
the right reasons.
  What we are doing today is investing in the future and leaving a 
legacy to

[[Page H2941]]

generations that will make us all proud.
  Mr. GEORGE MILLER of California. Mr. Chairman, I yield 2 minutes to 
the gentleman from Maine (Mr. Allen).
  Mr. ALLEN. Mr. Chairman, I thank the gentleman for yielding time to 
me.
  Mr. Chairman, I rise in opposition to the amendment for all of the 
reasons set forth by my friend, the gentleman from New York (Mr. 
Boehlert). I rise in strong support of the underlying bill.
  Mr. Chairman, this bipartisan compromise plan is a historic 
opportunity to preserve America's natural resources for future 
generations. It will protect endangered wildlife and improve coastal 
habitats. It will help towns build new ballfields and help States 
preserve scenic hiking trails. It encourages urban parks and protects 
rural farmland.
  CARA does all this without creating new taxes or fees. Instead, it 
simply rededicates offshore oil and gas revenues to the conservation 
programs they were intended to fund.
  In this time of budget surpluses, there is no reason that these fees 
should be diverted from their original purpose. This commonsense idea 
enjoys unprecedented support, with the backing of all 50 Governors and 
communities across the Nation.
  In my home State of Maine, a coalition of more than 230 business, 
conservation groups, municipalities, and sportsmen's groups has rallied 
behind this bill. These unusual allies recognize that when we invest in 
our natural resources, we improve our communities, our health, and our 
quality of life.
  In Maine, CARA funding will be used to supplement the $50 million 
Land Conservation Fund that Maine voters approved with overwhelming 
support. It will allow us to realize once in a lifetime opportunities 
to protect tracts of the northern forest that have been targeted for 
development. CARA will help us preserve those pristine areas for 
traditional outdoor recreation that we in Maine have enjoyed for 
generations.
  Mr. Chairman, this landmark bill is perhaps the most important piece 
of environmental legislation we shall see in the 106th Congress. By 
passing this measure, we can ensure that Congress meets its commitment 
to help States and communities preserve their natural resources for 
generations to come.
  I urge my colleagues to reject the amendment and support the 
underlying bill.
  Mr. THORNBERRY. Mr. Chairman, I yield myself 30 seconds.
  Mr. Chairman, I would remind my colleagues that the substitute 
retains all of the basic purposes in the underlying CARA bill. I do not 
change the allocations at all.
  I would also remind the gentleman that whatever one could argue the 
original purposes of the OCS revenue was, the fact is, it has been 
going into the general Treasury. We cannot just jerk it out and assume 
we have no impact on defense, education, on trying to have prescription 
drug benefits, on Medicare, biomedical research, or whatever else we 
care about. We have to prepare for the consequences of this action.
  Mr. Chairman, I yield 2\1/2\ minutes to the distinguished gentleman 
from Virginia (Mr. Goodlatte).
  (Mr. GOODLATTE asked and was given permission to revise and extend 
his remarks.)
  Mr. GOODLATTE. Mr. Chairman, I thank the gentleman for yielding time 
to me, and commend him for this excellent substitute.
  Mr. Chairman, many Members of this Chamber feel like I do. They 
support many of the conservation and resource management programs and 
objectives of this bill, yet they are concerned about the way the bill 
treats such thing as property rights, land acquisition, and important 
budget priorities like social security, Medicare, and debt reduction.
  I agree with the gentleman from New York, that this legislation has 
the potential for being a great legacy piece of legislation, but we 
have to make sure that that legacy is not a mountain of debt.
  The Thornberry substitute is designed to give these Members a place 
to go. Simply put, this amendment provides some essential fixes to 
CARA. First, it defers spending on CARA to 2006, thus reducing the 
competition between the spending in this bill and other more important 
priorities, like preserving social security, strengthening Medicare, 
reducing the debt, and improving education.
  Second, it improves and strengthens funding for PILT, payments in 
lieu of taxes, something vitally important for the Members of this 
House who represent districts, as I do, where there is already a very 
substantial ownership of land by the Federal government. In my 
district, one-third of all the land in my district, more than 1 million 
acres, is owned by the Federal government.
  The localities in my district do not receive adequate compensation 
for the loss of the use of that land which could be used for a whole 
host of purposes that generate revenue for schools, for roads, for 
other local needs. Funding PILT is a very high priority, and that is a 
good improvement in this substitute.
  Third, the substitute improves the protection of private property by 
protecting inholders and maintaining current property protection laws.
  Finally, it ties a portion of the Federal land acquisition money to a 
demonstrable reduction in the $13 billion operations and maintenance 
backlog in our national forests, parks, and rangelands.
  To wrap up quickly, this backlog in much needed work on our currently 
owned Federal land is vitally important. As chairman of the 
Subcommittee on Forestry of the Committee on Agriculture, I can tell 
the Members the pressing need we have to take care of the land we own 
now, and this substitute will do just that. The Thornberry amendment 
will move this bill in the right direction and bring us much closer to 
supporting conservation and resource management without jeopardizing 
our budget priorities, the protection of private property, and the 
appropriate balance between land acquisition and land maintenance.
  I urge my colleagues to support this substitute.

                              {time}  1415

  Mr. YOUNG of Alaska. Mr. Chairman, I yield 2\1/2\ minutes to 
gentleman from New Jersey (Mr. Saxton).
  Mr. SAXTON. Mr. Chairman, I thank the gentleman for yielding me the 
time.
  Mr. Chairman, I rise in strong opposition to the Thornberry amendment 
for a number of reasons, but one of the primary reasons is that my 
friend, the gentleman from Texas (Mr. Thornberry) would delay the 
funding provided through CARA for 5 years. Mr. Chairman, we cannot 
afford to delay this program any longer.
  Mr. Chairman, this program is not for us; this program is for our 
children and our grandchildren and their children. This program is to 
provide a quality of life, like the quality of life we have or the 
quality of life that we would like to restore for future generations.
  Mr. Chairman, delaying this 5 years in States like the one I 
represent means that hundreds of thousands of more acres of land 
disappear under parking lots, under housing developments, thousands and 
thousands and thousands of acres going to development that this bill, 
that this process will permit us to save.
  It is for our children. It is for their environment. It is for their 
quality of life. To arrive at the point that we have today, the 
amendment of the gentleman from Texas (Mr. Thornberry) in one fell 
swoop would short-circuit this process. This process has been ongoing 
for years; the gentleman from Alaska (Mr. Young) and the gentleman from 
California (Mr. George Miller), and the gentleman from California (Mr. 
Pombo), all of us have had input over a long period of time.
  We have taken care to provide for resources for every State. Yes, 
coastal States with lots of coastal areas in high populations get a 
little more, and that is because the problems that I described are 
enhanced in those kinds of States.
  If Members could all come home with me and ride from the northern 
part of the State I represent, New Jersey, to the southern part of the 
State, and if Members could have done that 30 years ago, and then do it 
again today, they would see the results of development pressure.
  This bill will provide for enhancement of wildlife, enhancement of 
quality of life and be a good, a very good

[[Page H2942]]

 thing for our children, our grandchildren and their children.
  Mr. GEORGE MILLER of California. Mr. Chairman, I yield 2 minutes to 
the gentleman from Maryland (Mr. Gilchrest).
  Mr. GILCHREST. Mr. Chairman, I thank the gentleman for yielding me 
the time.
  Mr. Chairman, I think the last couple of days has been an 
extraordinary debate about a profound issue about the future of 
conservation for this country. This legislation, in my judgment, is as 
profound and may be more so than the concept of national parks and 
national forests to preserve the heritage of a Nation and, certainly, 
the world.
  There has been some discussion about maintenance backlog in our 
national parks and our national forest, and those are legitimate 
questions, but I would like to pose this thought, how were they managed 
before Columbus came? There is a certain amount of natural processes 
that go into place the mechanics of creation have created.
  This legislation creates the potential, if we take advantage of the 
opportunity, for disparate interests to collectively collaborate on 
land use issues. There is a lot of money coming directed towards 
certain States. In my district, we are, and have been for about a year, 
in anticipation of this legislation, bringing farmers together, real 
estate agents together, developers together, nonprofit people together, 
local government folks together. You name it, and we are beginning to 
understand the nature of what our region should look like to preserve 
those natural resources, to preserve the agricultural heritage of our 
districts in future years.
  We did a study and looked at three things: We looked at the 
contribution of taxes from housing developments, the contribution of 
taxes from industry, and the contribution of taxes from agriculture.
  For every dollar that a housing project gave to local government, 
local government had to give them nearly a $1.50 back for services. In 
agriculture for every dollar, the farm gave to the local community, the 
local government only had to give 35 cents back. The argument that we 
need more development and more construction is just not there.
  Mr. Chairman, I urge my colleagues to vote for this legislation.
  Mr. THORNBERRY. Mr. Chairman, I yield myself 1 minute.
  Mr. Chairman, I would like to remind my friend and colleague from New 
Jersey who argues that we cannot afford to delay 5 minutes, I would 
like to get all of my needs met right now, right away. I would like to 
fully fund the Federal obligation to special education right now. I 
would like to keep our promise to military retirees on their healthcare 
right now. The fact is, we have a budget framework we have to deal 
with. We have to prepare for these things.
  The gentleman said that the chairman has been working on this for 
several years; he has. But the budget has not been prepared for several 
years. If we take this money out of the general fund, then something 
has to suffer. The budget law says that mandatory spending has to be 
offset in some way. What are those offsets?
  Mr. GILCHREST. Mr. Chairman, will the gentleman yield?
  Mr. THORNBERRY. No, I do not yield to the gentleman from Maryland.
  Mr. GILCHREST. Mr. Chairman, I say to the gentleman I am from 
Maryland.
  Mr. THORNBERRY. Mr. Chairman, I was referring to the gentleman from 
New Jersey (Mr. Saxton) who spoke earlier.
  Mr. Chairman, reclaiming my time, the gentleman from Maryland (Mr. 
Gilchrest) talked about the maintenance backlog, which, of course, is 
there and is a serious problem, but my substitute addresses it far 
better, because under the underlying bill, there are three purposes 
under title VI how that money could be spent. I eliminate two of them. 
It can only be spent for maintenance, and I require a demonstrable 
reduction in maintenance backlog. It takes care of the backlog better.
  Mr. Chairman, I reserve the balance of my time.
  Mr. YOUNG of Alaska. Mr. Chairman, how much time is remaining?
  The CHAIRMAN pro tempore (Mr. Quinn). The gentleman from Texas (Mr. 
Thornberry) has 11\1/2\ minutes remaining. The gentleman from Alaska 
(Mr. Young) has 5\1/2\ minutes remaining. The gentleman from California 
(Mr. George Miller) has 6 minutes remaining.
  Mr. YOUNG of Alaska. Mr. Chairman, I yield 2 minutes to the gentleman 
from New York (Mr. Lazio).
  Mr. LAZIO. Mr. Chairman, I rise today in strong support of CARA, and 
I want to applaud the gentleman from Alaska (Chairman Young) and 
members of the committee for crafting this historic piece of 
legislation which is on budget and fiscally responsible.
  Mr. Chairman, today I stand with my two young daughters in mind. As a 
result of our vote today, they and thousands like them will be able to 
enjoy the great American outdoors long into the future. Thanks to this 
bill, people will be able to go clamming on Long Island in restored 
shellfish beds, and many other parts of the country.
  They can expect to enroll their children in Little League and find a 
field available. They can expect to take their kids for a walk in the 
woods, and see the joy on their faces as they spot one of nature's 
creatures.
  Mr. Chairman, I find it fitting that 100 years after my fellow Long 
Islander, Teddy Roosevelt, put in place the basic elements of our 
Nation's conservation program, today we are continuing that fine 
tradition. In TR's time, we declared the frontier closed. Today, we 
declare it open and available for the enjoyment of future generations.
  My district provides compelling examples of the dire environmental 
problems that this funding is intended to address. I represent a 
coastal district. With the funding afforded in title I, we look forward 
to working with New York State to clean up the South Shore Estuary, 
which enjoys widespread support on Long Island. Cleaning this body of 
water would be a fitting tribute to the conservation goals of this 
bill.
  But, Mr. Chairman, for us to realize our goals, we need to respect 
the delicate balance of the issues that this bill addresses. As we 
consider this legislation, I urge my colleagues to do three things.
  First, let us overcome the temptation to destroy the good in the name 
of perfection.
  Second, let us look objectively at the protections and the 
opportunities that are included in this historic bill.
  And, finally and most importantly, let us keep in mind this is about 
our children. Let us leave them something for which we can be proud. 
Let us demonstrate that the spirit of Teddy Roosevelt lives on in this 
body today. Let us support CARA and let us not support this substitute, 
which will undercut this important legislation.
  Again, I want to thank the gentleman from Alaska, the chairman of the 
Committee on Resources, for bringing this monumental bill forward for 
consideration.
  Mr. GEORGE MILLER of California. Mr. Chairman, I yield 2 minutes to 
the gentleman from Louisiana (Mr. John).
  Mr. JOHN. Mr. Chairman, I thank the gentleman from California for 
yielding me this time. I also applaud the gentleman from the panhandle 
of Texas (Mr. Thornberry) for coming up with a pretty good substitute. 
I think it falls a little short in several areas.
  First and foremost, it delays this program. We addressed that issue 
in this House decided overwhelmingly to defeat that proposal. But more 
than that, it delays and asks people in the communities that are most 
needy as far as coastlines to wait 5 years. I beg the gentleman from 
Texas, Louisiana cannot wait 5 years.
  If my colleagues see the map beside me, the red is what we will lose 
over the next few short years. Five years is too much. We are losing 25 
square miles a year. Times five, that is 125 square miles of Louisiana 
will be gone before this bill is enacted, before we can get to that 
point. My district may be gone by that time, because I represent 250 
miles of coastline.
  Second of all, a difference that the gentleman has is that he says he 
has $200 million for maintenance. Well, I fall back on my first 
argument. If he does say that we want $200 million, he says but let us 
wait 5 years before we get $200 million. That puts us a billion dollars 
in backlog and also payment in lieu of taxes.

[[Page H2943]]

  Mr. Chairman, I have a parish in the southwestern corner of my 
district, Cameron Parish, that is mostly owned by the Federal 
Government. I have worked very hard in trying to get a dedicated stream 
of funding to pay this poor parish so they could have the services they 
need.
  I beg my colleagues not to adopt the substitute, it has all of the 
provisions that have been defeated over the last 2 nights and days in 
this body, but pass this very important piece of legislation.
  Mr. Chairman, this will be the last amendment, so I want to commend 
the gentleman from California (Mr. George Miller), ranking member of my 
committee, and also the gentleman from Alaska (Mr. Young), chairman of 
the committee, for their diligent effort in putting together, I think, 
what is the most historic piece of legislation that deals with our 
conservation needs in the history of this country.
  Mr. THORNBERRY. Mr. Chairman, I yield myself 30 seconds.
  Mr. Chairman, I would respond to the gentleman from Louisiana that 
the gentleman has a remedy now. He can come to this House and get more 
money through the regular budget process to deal with the coastal 
problems that he is suffering. Nothing prevents him from doing that. 
But I know that he also wants to be fiscally responsible, because his 
constituents have other needs such as education and defense and high 
taxes. We need to bring all of that together to sort out those 
priorities.
  I would also remind the gentleman that my substitute requires a 5 
percent a year decrease in the backlog. That begins now. And so we have 
to move towards where CARA will ultimately take us by putting more 
money towards those efforts.
  Mr. Chairman, I yield 2\1/2\ minutes to the gentlewoman from Idaho 
(Mrs. Chenoweth-Hage).
  Mrs. CHENOWETH-HAGE. Mr. Chairman, I thank the gentleman from Texas 
(Mr. Thornberry) for yielding me this time. I just want to say, Mr. 
Chairman, that at this time there is a raging fire on the public land 
in New Mexico. One hundred homes have been destroyed. The fire is now 
around the Los Alamos National Laboratories and Los Alamos, New Mexico, 
is preparing evacuation.
  This is because we do not have good management on our federally 
controlled lands. And here, this original bill without the substitute, 
the original bill would allow for us to acquire a lot more private 
land, and put it into the hands of the government. The substitute 
amendment is a great amendment because it gives more private property 
rights protections.
  It is very interesting, in the beginning, in the founding of this 
country, our forefathers tried having property in commons and it did 
not work, and that is why they moved to the private property rights.

                              {time}  1430

  In fact, John Adams said the moment that the idea is admitted into 
society that if property is not as sacred as the laws of God and there 
is not a force of law and public justice to protect it, anarchy and 
tyranny commence. Property must be sacred or liberty cannot exist.
  That is why it is so important that we vote and support this 
amendment because our fight is for more than property. Property must be 
sacred, or liberty cannot exist.
  Daniel Webster understood that, and he said it very well. This body, 
in fact, historically has upheld private property rights until 
recently. In 1995, in fact, this body voted with the majority of 277 
votes to extend a moratorium against any more acquisition of Federal 
land. Now look at us today.
  We have moved in a counter position from that position, that very 
proud and good position, a traditional position that is emblazoned on 
the wall above my head, above the Speaker's head. It quotes Daniel 
Webster. It talks about what this Nation has been and what can be done. 
It challenges by saying, ``Let us develop the resources of our land, 
call forth its power, build up its institutions, promote all its great 
interests, and see whether we also in our day and generation may not 
perform something worthy to be remembered.''
  Mr. GEORGE MILLER of California. Mr. Chairman, how much time do we 
have remaining?
  The CHAIRMAN pro tempore (Mr. Quinn). The gentleman from California 
(Mr. George Miller) has 4 minutes remaining. The gentleman from Alaska 
(Mr. Young) has 3\1/2\ minutes remaining. The gentleman from Texas (Mr. 
Thornberry) has 8\1/2\ minutes remaining.
  Mr. GEORGE MILLER of California. Mr. Chairman, I yield 1 minute to 
the gentleman from Louisiana (Mr. Tauzin).
  Mr. YOUNG of Alaska. Mr. Chairman, I yield 1 additional minute to the 
gentleman from Louisiana (Mr. Tauzin).
  The CHAIRMAN pro tempore. The Chair recognizes the gentleman from 
Louisiana (Mr. Tauzin) for 2 minutes.
  (Mr. TAUZIN asked and was given permission to revise and extend his 
remarks.)
  Mr. TAUZIN. Mr. Chairman, let me rise in opposition to this 
substitute and recognize that the amendment of the gentleman from Texas 
(Mr. Thornberry) basically restates the Chambliss amendment, which 
would delay this bill for 5 years.
  The gentleman from Louisiana (Mr. John) has showed us what 5 years in 
Louisiana means, 125 more square miles of Louisiana loss we cannot ever 
recover. The answer, the gentleman from Texas (Mr. Thornberry) said one 
can come to the legislature and get some money, because the other 
budget priorities are too important for this bill. But he has not 
offered, as many other States have not offered, to sacrifice their 
revenue sharing from Federal lands inside the State while we do other 
budget priorities. Those go forward.
  States like Wyoming, which have collected $7.4 billion in revenue 
sharing from Federal lands inside their State, or New Mexico which has 
collected $5.3 billion, those programs have not been asked to wait 
until other budget priorities are matched.
  This substitute needs to be defeated, as was the Chambliss amendment 
defeated by 281 votes. But let me tell my colleagues why this bill 
needs to be passed when we defeat this substitute. Now, there is a 
reason why the National Lands Rights Alliance is against this bill. 
They are the ultimate property rights organization out west. They are 
against it because the Federal Government owns much too much of the 
land out west, and they know it, and one has a right to be offended by 
that.
  There is a reason why Green Peace and Sierra and the Defenders of 
Wildlife and the Environmental Defense Group oppose this bill, too. 
They oppose this bill because we have got property rights built into 
this bill.
  See, this has been very much of a very difficult but well-negotiated, 
balanced project. It is a great environmental bill that finally 
includes some property rights for landowners, great environmental 
protection for this country, but finally some property rights for 
landowners. Willing sellers only. A commandment to the agencies that 
the first priority ought to be land swaps and easements rather than 
acquisitions, provisions to make sure no land is regulated until it is 
bought. It is about time. This is a great compromise.
  Let us defeat this substitute.
  Mr. THORNBERRY. Mr. Chairman, I yield myself 1 minute.
  Mr. Chairman, I certainly understand the position that our colleagues 
from Louisiana are in. They have a problem, and they are looking for a 
solution. Obviously, the coast of Texas is right there next to the 
coast of Louisiana. We do not have exactly the same problems, but I 
sympathize with their position.
  But there are a number of other problems around the country. I am not 
saying the other problems are more important than this, but I am saying 
that we should not automatically put this problem at the head of the 
line. As the Washington Post said this morning, we should not put this 
on automatic pilot, put it ahead of education, ahead of defense, ahead 
of medical research and all of the other priorities that are there.
  We need to come together as a Congress and sort through those 
budgetary priorities. I would also add that the very valid interest 
that this bill tries to promote are promoted better in this substitute, 
because I take much better care because I have dedicated funds to go to 
deal with the maintenance problem. I have greatly improved private

[[Page H2944]]

property rights so that the League of Private Property Voters supports 
my substitute. I think this does a better job of accomplishing their 
aim.
  Mr. GEORGE MILLER of California. Mr. Chairman, I yield myself such 
time as I may consume.
  (Mr. GEORGE MILLER of California asked and was given permission to 
revise and extend his remarks.)
  Mr. GEORGE MILLER of California. Mr. Chairman, I think the House of 
Representatives can be very proud of itself over these last 2 days of 
debate. I think our constituents are going to be very proud of us 
because, as the beginning of our summer vacation season starts, as 
millions of Americans will travel to its National Parks to its 
wilderness areas, to its forests, to its wildlife refuges and to its 
beaches, they will know that the House of Representatives once again 
restored a promise that the Congress made to them 36 years ago and then 
broke; that this House of Representatives had the courage to put the 
money back that it had borrowed from the Land and Water Conservation 
Fund, almost $13 billion, just as we have had the courage to put money 
back into the Social Security Trust Fund and into the Highway Trust 
Fund, because that is what we told the people we were going to do with 
their money. I hope all Members feel very proud about their work 
product as we defeat this substitute and pass the bill.
  I would like to thank the gentleman from Alaska (Chairman Young) for 
all of his effort and for his courage in working with this legislation; 
the gentleman from Michigan (Mr. Dingell) for all of the work, all of 
the talent, all of the history that he brought to our considerations; 
the gentleman from Louisiana (Mr. Tauzin); the gentleman from Louisiana 
(Mr. John), who made it possible for us to understand the needs, the 
needs of what was happening in the Gulf Coast, as was witnessed here in 
their closing arguments, and with the threat to wildlife, the threat to 
their cities, the threat to their economy; to the gentleman from New 
Mexico (Mr. Udall), who sat there during negotiations and was terribly, 
terribly helpful; and even the gentleman from California (Mr. Pombo), 
who I disagree with on many, many issues, but kept after us, kept after 
us and kept after us and wanted a set of language here on behalf of 
property rights that is not in existing law that strengthens the hands 
of individual property owners. I want to thank him for his 
participation.
  I want to give special thanks to a person in this body that probably 
knows more about public land than anyone else and anyone else I have 
ever served with, and that is the gentleman from Minnesota (Mr. Vento). 
The gentleman from Minnesota is going through very difficult times now. 
But he has been here for every vote. He was there for all of the 
negotiations. His retirement from Congress is going to be a great loss 
on public lands.
  I am very, very proud to be associated with this bill. This will be a 
historic bill. This will be a landmark bill. We will be addressing one 
of the very highest priorities of the American people. We are going to 
do it on a bipartisan basis. We are going to send it over to the 
Senate. The Senate leadership has met. They are waiting for this 
legislation. The Senate Majority Leader is a cosponsor of similar 
legislation, along with many Democratic Senators. The White House has 
pledged its effort to get this bill passed and get it enacted into law.
  At the end of the year, Charles Kuralt, before he died, used to have 
at the end of his Saturday morning shows during the holiday season, he 
had what he called ``the gifts we gave to ourselves.'' The camera would 
go out in silence for 2 or 3 minutes and visit a wildlife refuge in 
Louisiana or the North Slope, and we just panned the vistas. It would 
pan the vistas of the Grand Canyon and of the Everglades.
  This is about a continuation of the gift that this Congress gives the 
people of the United States in perpetuity and to the people of the rest 
of the world who come here to see these grand, grand environmental 
assets.
  Mr. THORNBERRY. Mr. Chairman, I yield 2 minutes to the gentleman from 
Georgia (Mr. Kingston).
  Mr. KINGSTON. Mr. Chairman, I thank the gentleman for yielding me 
this time.
  Mr. Chairman, I stand in strong support of the substitute. Although I 
do not think it is the perfect document, I think it is certainly better 
than what we have here.
  What we have here is a bill, CARA, that does three fundamentally 
wrong things. Number one, it abdicates the right, the constitutional 
obligations and responsibility of Congress, gives it to the State 
legislatures, gives it to the governors, gives it to unelected 
officials.
  We hear from the proponents of CARA that 50 governors support it. 
Well, I would be disturbed if the governors did not support a largess 
of several million dollars of tax dollars given to them. Hello. What is 
remarkable about that? The fact is it is Federal money, and it should 
be spent by the Federal Government.
  The other part is here we are in the Federal Government $5.4 trillion 
in debt, and we are going to give this money to States that have a 
surplus of $70 billion. Indeed, the State of California alone has a $3 
billion surplus. But the big underlying question is how much land 
should the Federal Government own?
  Now, this is a map of the United States of America. We can see, okay, 
this is land that is up for grabs for business, for families, for 
development. But do my colleagues know what? One-third of this land has 
already been purchased by the Federal Government, and that does not 
include military bases. That is the equivalent of just lopping off one-
third.
  Now, I have asked the proponents of CARA, how much land should the 
Federal Government own? Should it be 25 percent? Should it be 32 
percent? Should it be 50 percent? Not one person can answer that 
question. They will not even support a study saying how much land 
should be owned by the Federal Government.
  The substitute measure puts some common sense into the CARA law. It 
tries to bridge their passion for buying land with some fiscal 
responsibility, saying put maintenance first, and think about the other 
formulas. Do not abdicate one's responsibility as a Federal Government. 
Do not let the United States get continued to be gobbled up by 
political bureaucrats.
  Mr. THORNBERRY. Mr. Chairman, how much time is remaining?
  The CHAIRMAN pro tempore. The gentleman from Texas (Mr. Thornberry) 
has 5\1/2\ minutes remaining. The gentleman from Alaska (Mr. Young) has 
2\1/2\ minutes.
  Mr. THORNBERRY. Mr. Chairman, I yield myself 2 minutes.
  Mr. Chairman, we have heard several times during the debate that we 
need to put these revenues towards the purpose that they were 
originally intended. The fact of the matter is 96 percent of the money 
that comes from revenues from the Outer Continental Shelf come into the 
general treasury. This is a different situation than the Highway Trust 
Fund. It is not a user fee where these funds are dedicated to help the 
people who pay the taxes. This is the sale of assets owned by the whole 
people, all of the people of the United States. They come into the 
general treasury.
  Now, this bill is going to take them out of the general treasury and 
leave a big hole. My point is we need to plan on how we are going to 
fill that hole. Where is it going to come from? Is it going to come 
from education, biomedical research, defense, tax relief? We need to 
plan.
  So my amendment delays moving this to mandatory spending. We can 
continue to fund the purposes of the bill, but it prevents it from 
being an entitlement until we can have a chance to take it into 
account.
  Now, what my substitute also does is make CARA better. It helps 
improve it so it can do a better job of accomplishing the purposes that 
it was written to accomplish. No one has questioned that I do a better 
job of making sure we deal with this maintenance backlog, that we make 
PILT payments mandatory so they do not have to be questioned, and that 
we have common-sense private property rights, including an appraiser 
that the government pays for to make sure that people are getting 
treated fairly.
  Mr. Chairman, there are consequences to our action. My substitute 
basically takes CARA and says we have to think about those 
consequences. We have to prepare for them. We have to prepare the 
budget. We have to prepare

[[Page H2945]]

 for the taking care of these new lands that we are going to buy. We 
have to prepare for compensating communities that are going to lose 
this tax base. We have to prepare in the way of keeping private 
property rights sacred.
  I think that is a common sense approach, and it improves the purposes 
of this bill.
  Mr. Chairman, I yield the balance of my time to the gentleman from 
California (Mr. Pombo).
  Mr. POMBO. Mr. Chairman, I thank the gentleman from Texas for 
yielding me this time.
  Mr. Chairman, I rise in support of the substitute. I think that it 
was a well-written, well-thought-out, and I think well-intentioned 
amendment substitute to this legislation.
  What the gentleman from Texas (Mr. Thornberry) is attempting to do is 
to try to bring us back into a little bit of reality, reality of 
budget, reality of what our constitutional responsibilities are, a 
little bit of reality as to what we really should be doing with this 
legislation.
  I can tell my colleagues I grew up in a small town, a small farming 
town in the Central Valley of California that is not so small anymore. 
It has grown. It has become somewhat of a suburb of the Bay Area. We 
are going through a lot of the problems that this bill is intended to 
address: the problem of loss of farmland, the problem with interaction 
with wildlife of endangered species, the problem with funding urban 
parks.

                              {time}  1445

  A lot of the problems that this bill is intended to go after will 
impact my district. It is as if it was written to directly go after the 
problems that I have in my district. But I have to, at the same time, 
tell my colleagues that I strongly oppose this legislation. The reason 
is that the underlying laws that this bill intends to force money 
toward, the underlying laws that this bill force-feeds money into, are 
broken.
  Our Federal land management system is a shambles. We are doing a 
horrible job of managing the Federal lands that we currently have. 
There is no one in this body that can say that we are doing a good job 
because we are not. We are doing a terrible job. Yet we are going to 
put $1 billion a year more into buying land. A billion dollars a year 
more into buying public lands.
  The Federal Government owns a third of this country already. They own 
half of the State of California that I come from. And yet that is not 
enough. We are going to force-feed more money into it because they are 
doing such a terrible job of managing the lands they currently have.
  The Endangered Species Act is a shambles. It is a complete and utter 
failure. We have been trying for the last 8 years to reauthorize the 
Endangered Species Act. And what is our answer to that? We force-feed 
another $100 million a year into it. The Urban Parks Program has been 
controversial, and many would argue it has been a failure. Our response 
to that is not to fix it but to force-feed more money into it. 
Everything that we are doing with this bill may be of a higher cause, 
it may be something we think is great, it may be mom and apple pie, but 
the truth of the matter is those programs are all broken. And we cannot 
just force more money into broken programs and expect that to solve the 
problem.
  We had an amendment earlier in the debate that put more money into 
those programs and it was defeated. I cannot for the life of me 
understand how people can say they are in favor of all of these 
programs and then vote against giving more money to them, but that is 
what is happening.
  Mr. Chairman, I urge support for the substitute and I urge defeat of 
the final bill.
  Mr. YOUNG of Alaska. Mr. Chairman, I yield myself the balance of my 
time.
  (Mr. YOUNG of Alaska asked and was given permission to revise and 
extend his remarks.)
  Mr. YOUNG of Alaska. Mr. Chairman, I want to thank the Congress of 
the United States. This has been 2 days of very interesting debate. 
Everybody had their time to speak and to offer amendments. I want to 
congratulate those that stood with me and the gentleman from California 
(Mr. George Miller). Those that oppose me, I admire their enthusiasm 
and hope they will see the wisdom of supporting this legislation.
  Before I go into my last closing statement, though, I want to thank 
Mike Henry, who has worked very hard on this bill for 2 years; as well 
as Liz Megginson, Lisa Pittman, Lloyd Jones, and all my staff on this 
side of the aisle; and, of course, the staff on the other side of the 
aisle, John Lawrence and Jeff Petrich.
  I would suggest respectfully that the amendment that is offered as a 
substitute destroys everything we have done in the last 2 days. I know 
the gentleman does not intend to do that, but he does that. He waits 
for 5 years, puts everything back with the appropriators, which I think 
have not done an adequate job.
  We have allowed this bill to go on budget. We will have the process 
of the budget, we will fund this program, and we will do what we should 
do for the future of this Nation.
  For those that oppose the bill on private property rights, again I 
will tell them that this bill improves private property rights. It 
helps those people; it does not hurt them.
  But more than that, may I suggest the bill, not the substitute, takes 
care of a problem that should have been taken care of beginning in 
1964. The money put in the general budget are nonrenewable monies. They 
come from oil offshore, primarily Louisiana, Texas, and Alabama. They 
have carried this burden to fund programs very frankly that may have 
merit but not what the intent was. The intent was to protect our land, 
our water, and to conserve, not preserve, our wildlife. Our land is for 
people to enjoy. This bill will do that.
  This bill will heal some scars that this government created in 
reclamation. I believe this bill recognizes that wildlife is necessary. 
And for money being spent in Endangered Species, I will tell my 
colleagues that I have tried to amend the Endangered Species Act, and I 
hope to do that with the next administration, but this bill will help 
species from becoming endangered.
  This bill will establish an area of land where the American people, 
the future, the young ones, can go and hunt and fish, and be alone and 
think, to meditate, to be away from the television and the computer. 
This bill will, in fact, give us an opportunity to be free. Because we 
have gone from a rural area to an urbanized area. We have to face this. 
As much as I reject it, we have to face that. If we do not take and 
allow room for our people, we will have a society that is not stable.
  Mr. Chairman, I urge the defeat of the substitute and the passage of 
this bill for the future generations.
  The CHAIRMAN pro tempore (Mr. Quinn). The question is on the 
amendment in the nature of a substitute offered by the gentleman from 
Texas (Mr. Thornberry).
  The question was taken; and the Chairman pro tempore announced that 
the noes appeared to have it.


                             Recorded Vote

  Mr. THORNBERRY. Mr. Chairman, I demand a recorded vote.
  A recorded vote was ordered.
  The vote was taken by electronic device, and there were--ayes 126, 
noes 291, not voting 17, as follows:

                             [Roll No. 177]

                               AYES--126

     Aderholt
     Archer
     Armey
     Ballenger
     Barr
     Barrett (NE)
     Bartlett
     Barton
     Berry
     Blunt
     Bonilla
     Brady (TX)
     Bryant
     Burton
     Buyer
     Calvert
     Cannon
     Chabot
     Chenoweth-Hage
     Coburn
     Collins
     Combest
     Cook
     Cox
     Cubin
     DeLay
     DeMint
     Dickey
     Doolittle
     Duncan
     Emerson
     Everett
     Fowler
     Gibbons
     Gilman
     Goode
     Goodlatte
     Goodling
     Graham
     Granger
     Hall (TX)
     Hastings (WA)
     Hayworth
     Hefley
     Herger
     Hill (MT)
     Hilleary
     Hobson
     Hoekstra
     Hostettler
     Hulshof
     Hunter
     Hutchinson
     Istook
     Johnson, Sam
     Kasich
     Kingston
     Knollenberg
     Kolbe
     Largent
     Latham
     Lewis (CA)
     Linder
     Manzullo
     Martinez
     McKeon
     Metcalf
     Mica
     Miller (FL)
     Moran (KS)
     Myrick
     Nethercutt
     Ney
     Northup
     Norwood
     Nussle
     Ose
     Oxley
     Packard
     Paul
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Pombo
     Pryce (OH)
     Radanovich
     Regula
     Rohrabacher
     Royce
     Ryan (WI)
     Ryun (KS)
     Salmon
     Sandlin
     Sanford
     Schaffer
     Sensenbrenner
     Sessions
     Shadegg

[[Page H2946]]


     Shimkus
     Shows
     Shuster
     Simpson
     Skeen
     Smith (MI)
     Smith (TX)
     Spence
     Stearns
     Stenholm
     Stump
     Sununu
     Talent
     Tancredo
     Taylor (NC)
     Terry
     Thornberry
     Tiahrt
     Toomey
     Walden
     Wamp
     Watkins
     Watts (OK)
     Weldon (FL)
     Wicker
     Wolf
     Young (FL)

                               NOES--291

     Abercrombie
     Ackerman
     Allen
     Baca
     Bachus
     Baird
     Baker
     Baldacci
     Baldwin
     Barcia
     Barrett (WI)
     Bass
     Bateman
     Becerra
     Bentsen
     Bereuter
     Berkley
     Berman
     Biggert
     Bilbray
     Bilirakis
     Bishop
     Blagojevich
     Blumenauer
     Boehlert
     Bonior
     Bono
     Borski
     Boswell
     Boucher
     Boyd
     Brady (PA)
     Brown (FL)
     Brown (OH)
     Burr
     Callahan
     Camp
     Canady
     Capps
     Capuano
     Cardin
     Carson
     Castle
     Chambliss
     Clay
     Clayton
     Clement
     Clyburn
     Condit
     Conyers
     Cooksey
     Costello
     Coyne
     Cramer
     Crane
     Crowley
     Cummings
     Cunningham
     Danner
     Davis (FL)
     Davis (IL)
     Davis (VA)
     Deal
     DeFazio
     Delahunt
     DeLauro
     Deutsch
     Diaz-Balart
     Dicks
     Dixon
     Doggett
     Dooley
     Doyle
     Dreier
     Dunn
     Edwards
     Ehlers
     Ehrlich
     Engel
     English
     Eshoo
     Etheridge
     Evans
     Ewing
     Farr
     Fattah
     Filner
     Fletcher
     Foley
     Forbes
     Ford
     Fossella
     Frank (MA)
     Franks (NJ)
     Frelinghuysen
     Frost
     Gallegly
     Ganske
     Gejdenson
     Gekas
     Gephardt
     Gilchrest
     Gillmor
     Gonzalez
     Gordon
     Goss
     Green (TX)
     Green (WI)
     Greenwood
     Gutierrez
     Gutknecht
     Hall (OH)
     Hansen
     Hastings (FL)
     Hayes
     Hill (IN)
     Hilliard
     Hinchey
     Hinojosa
     Hoeffel
     Holden
     Holt
     Hooley
     Horn
     Houghton
     Hoyer
     Hyde
     Inslee
     Isakson
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Jenkins
     John
     Johnson (CT)
     Johnson, E. B.
     Jones (NC)
     Jones (OH)
     Kanjorski
     Kaptur
     Kelly
     Kennedy
     Kildee
     Kilpatrick
     Kind (WI)
     King (NY)
     Kleczka
     Klink
     Kucinich
     Kuykendall
     LaFalce
     LaHood
     Lampson
     Lantos
     Larson
     LaTourette
     Lazio
     Leach
     Lee
     Levin
     Lewis (GA)
     Lewis (KY)
     Lipinski
     LoBiondo
     Lowey
     Lucas (KY)
     Luther
     Maloney (CT)
     Maloney (NY)
     Markey
     Mascara
     Matsui
     McCarthy (NY)
     McCollum
     McCrery
     McDermott
     McGovern
     McHugh
     McIntyre
     McKinney
     McNulty
     Meehan
     Meek (FL)
     Meeks (NY)
     Menendez
     Millender-McDonald
     Miller, Gary
     Miller, George
     Minge
     Mink
     Moakley
     Mollohan
     Moore
     Moran (VA)
     Morella
     Murtha
     Nadler
     Napolitano
     Neal
     Oberstar
     Obey
     Olver
     Ortiz
     Owens
     Pallone
     Pascrell
     Pastor
     Payne
     Pease
     Pelosi
     Peterson (MN)
     Phelps
     Pickett
     Pomeroy
     Porter
     Portman
     Price (NC)
     Quinn
     Rahall
     Ramstad
     Rangel
     Reyes
     Reynolds
     Riley
     Rivers
     Rodriguez
     Roemer
     Rogan
     Rogers
     Ros-Lehtinen
     Rothman
     Roukema
     Roybal-Allard
     Rush
     Sabo
     Sanchez
     Sanders
     Sawyer
     Saxton
     Scarborough
     Schakowsky
     Scott
     Serrano
     Shaw
     Shays
     Sherman
     Sisisky
     Skelton
     Slaughter
     Smith (NJ)
     Smith (WA)
     Snyder
     Souder
     Spratt
     Stabenow
     Stark
     Strickland
     Stupak
     Sweeney
     Tanner
     Tauscher
     Tauzin
     Taylor (MS)
     Thompson (CA)
     Thompson (MS)
     Thune
     Thurman
     Tierney
     Towns
     Traficant
     Turner
     Udall (CO)
     Udall (NM)
     Upton
     Velazquez
     Visclosky
     Vitter
     Waters
     Watt (NC)
     Waxman
     Weiner
     Weldon (PA)
     Weller
     Wexler
     Weygand
     Whitfield
     Wilson
     Woolsey
     Wu
     Wynn
     Young (AK)

                             NOT VOTING--17

     Andrews
     Bliley
     Boehner
     Campbell
     Coble
     DeGette
     Dingell
     Lofgren
     Lucas (OK)
     McCarthy (MO)
     McInnis
     McIntosh
     Sherwood
     Thomas
     Vento
     Walsh
     Wise

                              {time}  1515

  Mr. MORAN of Virginia and Mr. GREEN of Wisconsin changed their vote 
from ``aye'' to ``no.''
  Mr. LEWIS of California and Mr. BONILLA changed their vote from 
``no'' to ``aye.''
  So the amendment in the nature of a substitute was rejected.
  The result of the vote was announced as above recorded.
  The CHAIRMAN pro tempore (Mr. QUINN). The question is on the 
amendment in the nature of a substitute, as amended.
  The amendment in the nature of a substitute, as amended, was agreed 
to.
  Mr. SMITH of Michigan. Mr. Chairman, I will vote against H.R. 701, 
the Conservation and Reinvestment Act (CARA).
  CARA violates the Budget Act. The legislation creates a new 
entitlement and is inconsistent with the budget resolution passed by 
the House and Senate. It would and should be subject to a Point of 
Order. The Rules Committee, however, passed a rule that waives the 
Point of Order objection.
  By creating a new entitlement program, the legislation reduces the 
power of Congress to prioritize spending. When push comes to shove, 
environment interests should still compete for funds with other 
spending priorities such as education, Social Security and Medicare. 
Entitlement status for this program impedes sensible prioritization of 
this program. As a result, it is poor public policy to expand our 
entitlement spending as provided in CARA.
  Mr. Chairman, as a further explanation of why this bill is not good 
public policy, I submit the following article from today's Washington 
Post entitled, ``A Green Bill in the House.''

       The House is to vote today on a bill that will pass for 
     precisely the reason it should fail. The measure is doubly 
     green: The purpose is environmental, and the votes have been 
     bought. A new entitlement would be created, in part by people 
     who in other contexts are wont to declaim against 
     entitlements as poor fiscal and social policy alike.
       About $3 billion a year would be distributed to buy and 
     thereby protect environmentally valuable land and for other 
     conservation purposes. Enough members think, with cause, that 
     their districts would benefit that the bill has 315 
     cosponsors. What better tribute could there be to the 
     wiliness of those who cooked the measure up?
       The money would come fro the proceeds of offshore oil and 
     gas leases. The spending would be automatic. The program 
     would go to the head of the line--ahead of national defense, 
     education, tax collection, biomedical research, you name it. 
     The annual appropriations process in which less-favored 
     programs compete for funds would be waived. About a third of 
     the money would be split between the federal and state 
     governments for land acquisition. Another third would be 
     reserved for coastal states, as supposed compensation for the 
     environmental costs of offshore drilling. The rest would be 
     artfully scattered across other purposes and districts--for 
     wildlife conservation, urban parks, historic preservation.
       Our objection is not to the purposes but to the automatic 
     spending without regard to competing claims on the federal 
     dollar. It's as wrong to create this carve-out as it was to 
     yield to the highway and aviation lobbies and create similar, 
     larger carve-outs for them in the past few years. The 
     sponsors say that they had no choice--that the only way to 
     ensure a steady funding stream for conservation was to bypass 
     appropriations and spread the wealth. So which worthy 
     programs do they do it for next? Why this and not those? 
     That's the question this bill begs.

  Mr. BUYER. Mr. Chairman, I rise in opposition to the Conservation and 
Reinvestment Act, and in support of the substitute amendment offered by 
my friend from Texas, Mr. Thornberry.
  I grew up along the Tippecanoe River in Indiana. I explored the great 
outdoors and learned to appreciate the value of our natural resources. 
This appreciation led me to realize the necessary balance required 
between wildlife, nature, and humans.
  Growing up in a rural community, I also know that private landowners 
take pride in their land. They are wise stewards of their lands, 
seeking to pass them on to their children and their children's 
children.
  It disturbs me, therefore, that we are considering legislation of 
which the major purpose is the purchase of private property by 
government. It provides dedicated mandatory funding for land 
acquisition. Proponents of CARA seem to believe that the goal of 
conservation can be reached if only the federal government controlled 
more land. But the federal government already owns 670 million acres of 
land--that's one-third of the land in the U.S.--and it can't take care 
of it. Currently our national parks, recreation areas, wildlife areas 
and other federally owned properties have a multi-billion dollar 
backlog of maintenance needs. Maintenance of trails, park benches, 
roads, camping sites, bathrooms, water and sewage infrastructure and 
housing for administrative and management employees are among the unmet 
needs. GAO estimates the maintenance backlog at over $12 billion. Yet 
this bill provides little money to address this backlog, compared to 
the funds for land acquisition. It is irresponsible that while the 
government can not take care of what it already owns, we are adding 
mandatory funds to purchase even more land.
  I am also concerned that payments made to local governments by the 
federal government to offset the loss to the local tax base of federal 
property is given a lower priority than land acquisition. Local 
governments with large federal holdings are struggling to provide 
adequately for their school systems because the federal government does 
not adequately address its obligations to local communities. While the 
bill provides PILT funding from interest payments to the fund, land 
acquisition gets guaranteed funding. Funding for PILT should be given 
at least the same or even higher priority than land acquisition. Urban 
communities--which will receive guaranteed funding

[[Page H2947]]

under the bill--have other tax base supporters on which to draw to make 
up shortfalls for publicly-held lands, while rural areas--where the 
bulk of the land acquisition is likely to take place--have far fewer 
revenue streams to rely upon.
  Finally, while I hear the argument of the bill's supporters, who say 
that private property rights are increased and that Congress must 
approve acquisition from unwilling sellers; the fact remains that half 
the funds for land acquisitions flow to the States, whose property 
rights protections we are limited in our ability to influence.
  Mr. Chairman, farming is one of the major occupations in my district. 
Farmers truly love the land, it's their life's blood. Farmers are a 
crucial ingredient in preserving our open spaces and wildlife habitat. 
Yet the farm community, including the American Farm Bureau, opposes 
this bill because it does not truly address the needs and concerns of 
farmers.
  The CARA bill, as currently written, falls short of what is needed to 
address our conservation and preservation needs in a comprehensive 
fashion. That's why I urge my House colleagues to support the 
Thornberry substitute which establishes a dedicated fund for 
maintenance, makes PILT funding mandatory, and strengthens private 
property rights.
  Mr. Chairman, there is a better way for us to get to our shared goal 
of environmental preservation and conservation than the CARA bill. For 
the best interests of farmers, ranchers, landowners, and for those who 
love nature, we should take this alternate route.
  Ms. DeGETTE. Mr. Chairman, I rise in strong support of H.R. 701, the 
Conservation and Reinvestment Act (CARA), legislation which I 
cosponsored. This is landmark legislation indeed and an exceptional 
example of bipartisan cooperation creating comprehensive legislation to 
conserve our nation's natural treasures and preserve the environment as 
a legacy for generations to come.
  I believe that we do not inherit the earth from our parents, but 
instead we are stewards of the earth who must preserve it for our 
children and our children's children. CARA enables the federal 
government, in partnership with states and local governments, to fund a 
wide variety of conservation activities. This legislation fully funds 
the Land and Water Conservation Fund, increases funding for state fish 
and wildlife programs, increases incentives for voluntary actions to 
conserve endangered species by private landowners, and increases 
support for coastal conservation programs and conservation easements.
  As we experience record growth in my homes state of Colorado, the 
ability to enjoy open space has become more important, and the need to 
preserve the unique natural beauty that brought many to the state has 
become more apparent. The public looks to the government for help 
conserving land, water and open space. This legislation strikes an 
important balance to fully fund these worthwhile efforts. As a result, 
it has garnered the support of all 50 governors and over 4500 
organizations, businesses, elected officials and government entities. 
It is high time for the Congress to make a strong commitment to the 
environment by investing in wildlife conservation, open space, farmland 
and historic preservation, recreation, parks, and endangered species 
recovery.
  I am proud to lend my strong support to this legislation.
  Mr. BONIOR. Mr. Chairman, as I walk through the neighborhoods and 
communities throughout Macomb and St. Clair Counties, among the top 
issues raised with me is the need to have more parks and open spaces, 
and the need to protect farmland
  While our local communities need to make smart decisions about growth 
and open space preservation, there is a federal role to play.
  That's what this bill is all about.
  Our bill will provide a reliable funding source so that communities 
like Roseville can improve their Veterans Memorial Park.
  Or so that Port Huron can link up to a statewide network of bike and 
hike trails.
  Or so that apple, dairy and sugarbeet farmers in Macomb and St. Clair 
Counties can afford to keep their land for agricultural purposes.
  Or so that Shelby Township can preserve a historic stop on the 
underground railroad.
  These are quality of life improvements with which our communities 
could use some assistance, and that's why I support this bill.
  There are, however, a few things we can still do to make a good bill 
better.
  We can make sure that states develop concrete plans to prioritize and 
target how money from the Wildlife Conservation and Restoration Fund 
will be spent in order to effectively conserve our wildlife heritage.
  We need to be sure that, in our efforts to provide full and secure 
funding for the Land and Water Conservation Fund, we do, in fact, use 
the money to conserve, protect and purchase our precious and special 
places.
  And we should make it clear that this bill does not encourage oil 
drilling off the Coast of Alaska or any other state--including 
preventing the use of these funds for environmentally damaging 
infrastructure.
  As we move forward, I am willing to work with my colleagues in the 
House and Senate, and with the Administration, to try to further 
improve this important bill.
  Ms. PELOSI. Mr. Chairman, we have before us today a landmark bill--
one that defines bipartisanship in the most extreme form. If you can 
imagine George Miller and Don Young reaching agreement on a measure to 
spend billions in federal funding to protect the environment. Now, that 
is a landmark.
  I commend my colleagues, Mr. Miller and Mr. Young, for their 
ingenuity, tenacity and civility in bringing this legislation to the 
floor.
  H.R. 701 represents a major first step in bringing funding in line 
with our federal priorities to protect natural resources and open 
spaces across the country. This bill is supported by 75 percent of the 
House membership.
  The investment H.R. 701 makes in our natural resources will have a 
lasting effect. From acquiring lands for areas of national significance 
to developing programs for inner-city youth, its impact will resonate 
throughout future generations who will enjoy new sources of recreation.
  H.R. 701 brings certainty to the protection of our natural resources 
by putting in place permanent funding for land acquisition for 
conservation purposes by setting aside OCS oil royalties in the 
Conservation and Reinvestment Act (CARA) Fund. Adequate funding for the 
Land and Water Conservation Fund is long overdue. After years of 
patiently waiting for OCS revenues to be used for their intended 
purpose--land acquisition--Mr. Miller and Mr. Young have resorted to 
this unique alliance to deliver what has long been promised.
  Under the CARA Fund, $2.8 billion each year would be allotted for 
programs receiving mandatory funding to include the following: $1 
billion for coastal conservation; $900 million for the Land and Water 
Conservation Fund; $350 million for wildlife conservation; $125 million 
for urban parks and recreation; $100 million for historic preservation; 
$200 million for federal and Indian land restoration; $100 million for 
farmland protection and $50 million for endangered species recovery.
  Again, I commend Mr. Miller and Mr. Young for their work on this bill 
and for their efforts to protect our nation's natural resources. I urge 
my colleagues to vote yes on H.R. 701.
  Mr. CAPUANO. Mr. Chairman, I rise in strong support of H.R. 701, the 
Conservation and Reinvestment Act (CARA) brought forth by Chairman 
Young and Ranking Member Miller of the House Resources Committee. H.R. 
701 is the product of a historic, truly bipartisan effort to bring to 
the House floor landmark environmental legislation that would go far to 
protect our nation's resources for future generations.
  The Conservation and Reinvestment Act is based on a vision that began 
in 1964 with the creation of the Land and Water Conservation Fund 
(LWCF). The LWCF provided for a dedicated source of revenue to be 
devoted from offshore oil production towards preserving our natural 
resources. However, during the past 15 years, over $11 billion of that 
supposedly guaranteed source of revenue has been diverted to other 
programs.
  H.R. 701 is a balanced measure that addresses urgent public resource 
needs while at the same time respecting legitimate concerns related to 
private property. Over three-quarters of the House support the bill, 
which would set aside nearly $3 billion annually for various 
conservation, resource protection, and recreation initiatives. These 
include: the allocation of $900 million for LWCF, $1 billion for 
coastal conservation, $350 million for wildlife conservation, $200 
million for Federal and Indian land restoration, $125 million for urban 
parks and recreation, $100 million for historic preservation, and $50 
million for endangered species. These funds would be made available 
automatically, without having to be appropriated.
  In my State of Massachusetts, the passage of CARA will result in an 
additional $50 million that will go far toward preserving land that 
will benefit the State for years to come. This includes nearly $8 
million to the Urban Parks and Recreation Recovery Program, which 
provides 70 percent matching grants to local governments toward the 
revitalization and maintenance of open space that could be used for the 
development of recreation programs.
  Now is the time for Congress to provide significant new resources to 
support State and community efforts to protect wildlife and local green 
spaces, reinforce Federal efforts to save national and historic 
treasures and expand efforts at all levels to protect ocean and coastal 
resources. Passage of CARA will represent one of the most important 
environmental issues that Congress passes this year as the measure 
would restore the government's promise of protecting lands and 
resources nationwide and would eliminate the inclusion of incentives 
for additional offshore drilling.

[[Page H2948]]

  With this in mind, I urge each of my colleagues to give H.R. 701, the 
Conservation and Reinvestment Act, and the manager's amendment their 
strongest support.
  Mr. FRANKS of New Jersey. Mr. Chairman, I strongly support H.R. 701, 
the Conservation and Reinvestment Act (CARA). This legislation offers a 
historic opportunity to invest in our natural legacy by ensuring 
adequate funding for open space, recreation, and land and water 
conservation.
  The Land and Water Conservation Fund (LWCF) was established by 
Congress in 1965 as the primary vehicle for funding land conservation 
efforts in the United States. The Federal Government uses LWCF funds 
for acquisition of our national parks, forests, beaches, and wildlife 
refuges.
  Since coming to Congress in 1993, I have consistently supported the 
principle behind LWCF--reinvest the revenues earned from the depletion 
of offshore oil and gas resources in the conservation of other lasting 
natural resources. Unfortunately, the promise of LWCF has never been 
fully realized. As a result, many opportunities to conserve precious 
lands and work with our State and local partners in conservation 
efforts have been lost.
  As a member of the House Budget Committee, I have strongly opposed 
the raid on the LWCF to pay for other programs unrelated to land and 
water conservation.
  Representing the most densely populated State in the Nation, New 
Jersey is in urgent need of all available Federal funds in order to 
protect our State's limited amount of open space.
  If enacted, CARA would ensure that the LWCF is fully and permanently 
funded. In addition, CARA will provide New Jersey with additional funds 
to invest in open space, coastal restoration, historic preservation, 
urban parks, wildlife conservation, and outdoor recreations.
  New Jersey citizens have already resoundingly endorsed conservation 
efforts by passing various local ballot initiatives and by supporting 
the Garden State Preservation Trust Act of 1999. CARA would ensure that 
New Jersey reaches our million-acre preservation goal by creating a 
stable source of funding.
  CARA will provide unprecedented and permanent support for America's 
natural resources. I look forward to seeing the many benefits that New 
Jersey will reap if this important piece of conservation legislation is 
signed into law.
  Mr. BILBRAY. Mr. Chairman, I strongly support this important 
environmental legislation, which creates a permanent stream of federal 
matching funds, so that states can expand efforts to preserve open 
space, investing in conservation and recreation projects, and restoring 
and preserving our natural resources. This bill will achieve, among 
other things, the following goals: Full and permanent funding of the 
Land and Water Conservation Fund (LWCF); increased incentives for state 
fish and wildlife programs; increased incentives for voluntary actions 
by private landowners to conserve threatened and endangered species; 
increased support for coastal conservation programs; and increased 
support for conservation easements which enable private landowners to 
achieve conservation objectives.
  This landmark bill is strongly backed by a remarkably diverse 
coalition of support in my San Diego district. These include 
landowners, homebuilders, and realtors, police and fire departments, 
environmental and recreation groups, hunting and fishing clubs, public 
service clubs, local government officials, and even little leagues and 
soccer leagues. These constituents have expressed to me their 
overwhelming support for the conservation and recreation programs that 
will be provided under H.R. 701.
  CARA will play a particular critical role in the future of southern 
California, and particularly in San Diego County. Our region, with its 
booming economy and exceptional biological diversity, has endured more 
than its share of land use conflicts. In San Diego, we have taken 
visionary steps to move beyond these conflicts by coming together in a 
partnership with local and Federal Government, the building industry, 
landowners, and developers, and the environmental community, in order 
to address the problems and balance continued economic growth with 
sound environmental protections. The habitat conservation plans which 
have been established in San Diego County have proven to be 
``blueprints'' for similar efforts both in California and nationwide. 
Our experience has shown that cooperation is more efficient and 
effective than continued pointless confrontation.
  However, these complex partnerships can only succeed if sufficiently 
funded to provide for lasting and comprehensive conservation of our 
important natural resources. It is not simply enough to ``care'' about 
the environment; we need to put our money where our mouth is. San 
Diego's future-oriented habitat conservation plans need adequate 
Federal funding in order to remain viable, and this bill will help to 
provide that. H.R. 701 also will, at long last, provide for complete 
funding of the Land and Water Conservation Fund (LWCF), which is 
integral to maintaining our existing and future conservation efforts, 
along with urban park needs, forestry and agricultural easement 
programs, historic preservation, and other important initiatives.
  I also want to emphasize to my colleagues and to my constituents a 
provision of this bill which is very important to me and to my coastal 
district--H.R. 701 does not provide any incentives for additional 
offshore oil exploration or production, or affect current moratoriums 
on offshore oil or gas leasing.
  Mr. Chairman, this bill will provide critical assistance to 
conservation programs currently underway in critical backcountry 
habitat areas, and outdoor recreation programs in urban regions. It 
provides the funding necessary to benefit both the retired birdwatcher 
and the 10-year-old inner-city child who needs a safe open field on 
which to play soccer or football with his friends. I strongly support 
H.R. 701, and ask my colleagues to do the same.
  Mr. SANDERS. Mr. Chairman, I strongly support H.R. 701, the 
Conservation and Reinvestment Act, and I would like to commend Chairman 
Young and Ranking Member Miller for working together to craft this 
truly historic piece of environmental legislation.
  Let me be clear, this bill is by no means perfect. For example, the 
funding formula for all seven titles of this bill could have been 
crafted in a more equitable manner to allow smaller States with 
important environmental needs like the State of Vermont to either 
receive more money or at least have the ability to apply for more 
money.
  Legislation pending in the Senate, includes provisions to help 
smaller states like Vermont gain access to more environmental funding, 
and I am hopeful as this process moves along we can find a way to 
include these provisions in the final piece of legislation.
  Having said that, we must not allow the perfect to be the enemy of 
the good. For the first time in 25 years, we have the opportunity to 
provide a permanent and reliable source of funding to protect our 
environment. This legislation is indeed one of the few bright spots of 
the 106th Congress, and we must do everything possible to ensure that a 
final version of this bill is passed and signed into law this year.
  H.R. 701 would enable communities all across the country to expand 
parks and recreation, preserve open space farmland, protect wildlife 
and endangered species, and preserve historic buildings--more than 
three times the amount currently spent on those purposes. Funding for 
the measure would come from the more than $4 billion generated annually 
from royalties paid to the Federal Government from offshore oil and gas 
drilling on Federal lands.
  One of the most important pieces of this legislation is full funding 
of the Land and Water Conservation Fund (LWCF). From parks to 
playgrounds, wilderness to wetlands, open trails to open spaces, the 
LWCF has been an American success story at the national, state and 
local levels. In its 35-year history, LWCF has been responsible for 
nearly 7 million acres of parkland, refuges, and open spaces and the 
development of more than 37,000 State parks and recreation projects.
  Since 1968, my State of Vermont has received more than $27 million in 
LWCF funds. Practically every town in the State has benefited from LWCF 
money. Examples of LWCF projects include State treasures such as 
Camel's Hump State Park and the Mount Hunger hiking trail. Many other 
LWCF projects are far less high-profile, but make a significant 
contribution to local communities. From the repair of a sewage system 
in a town park, to the creation of a school sports field, hundreds of 
these projects have enriched Vermonters' lives at the local level. In 
addition, these projects have assisted local authorities in funding the 
ever-increasing demand for recreation facilities.
  It is truly amazing that LWCF has been as successful as it has been, 
given the fact that with the exception of one year LWCF has never been 
fully funded. By passing this legislation we would redeem a promise 
Congress made 36 years ago to dedicate a portion of the revenue stream 
from offshore oil production into preserving our nation's natural 
resources. Rarely has Congress had such an opportunity to redeem a 
promise that it made to the American people. We can do that today by 
passing this legislation.
  H.R. 701 will dramatically increase federal spending on outdoor-
recreation facilities and, most importantly, it will safeguard the 
environment. All 50 Governors have endorsed this bill, and the majority 
of both House Republicans and House Democrats have signed on as 
cosponsors.
  I urge all of my colleagues to vote in favor of this important piece 
of legislation.
  Mr. KOLBE. Mr. Chairman, I rise in opposition to H.R. 701, the 
Conservation and Reinvestment Act of 1999.
  I support Federal funding for protecting lands that are critically 
important for wildlife habitat and recreation needs. But, this vote is

[[Page H2949]]

not a vote in support of this laudable goal. It is a vote for inequity 
and fiscal irresponsibility.
  To start with, I cannot support a bill that literally takes money 
away from Arizona and funnels it into the coastal and Great Lakes 
states coffers. This bill is a cash cow for a few states, while the 
rest of us--like Arizona--fight for a few leftover scraps in an attempt 
to keep us happy. Under this bill, Arizona loses access to $1 billion 
in Federal money. The states that have access to this $1 billion are 
``coastal states,'' which you may mistakenly think are states along the 
coast. No, coastal states are defined in this bill to include states 
bordering the Great Lakes, as well as Puerto Rico, the Virgin Islands, 
Guam, the Commonwealth of the Northern Mariana Islands, and American 
Samoa. Under this bill, the coastal states do quite well--Louisiana 
would get $285 million, Texas takes home $132 million, Alaska $87 
million, and California $67 million. This is money that is guaranteed 
to go to these states each year. Even Puerto Rico would get $8.5 
million from this new $1 billion entitlement program, while Arizona 
would receive nothing--and be barred from ever competing for any of 
these dollars.
  It's not as if these ``coastal states'' aren't receiving money now 
from the Federal Government. The Federal Government currently shares 
revenue with the coastal states for some offshore drilling. In 
addition, these states receive offshore royalties from drilling that 
occurs in waters that are within three miles of their shores, which is 
within the state's jurisdiction.
  But, this bill isn't just about inequities to my part of the country. 
It is also about bad fiscal policy. We have a multi-billion dollar 
backlog in maintenance needs on our national lands. We are struggling 
to maintain what we already own. This bill makes this problem worse by 
providing more than twice the amount of money for land acquisitions as 
for restoration. Under this premise, we continue to buy lands, which 
compound future operating and maintenance costs. This policy decision 
inevitably drives up maintenance costs by increasing the backlog even 
more.
  I also oppose the budgeting aspects of this bill. We simply cannot 
govern a nation by compartmentalizing our budget through a myriad of 
dedicated funding streams. Revenues must be spent on the nation's 
priorities as a whole. You can't run a business by restricting cash 
flows to expenses directly attributable to their related sales. Could 
GM effectively compete in the marketplace if revenues from the sale of 
shock absorbers couldn't be used for maintenance of brake manufacturing 
equipment? No. GM can't, and neither can the Federal Government.
  We need to take a step back and understand where this road leads us. 
I understand the supporters of this measure are gleeful at the prospect 
of guaranteed money every year. Wouldn't it be nice if everyone with a 
claim on Federal spending had a guaranteed stream of cash flowing into 
their pockets? But, that is not the way to run a fiscally responsible 
government.
  Finally, I am leery of adding Federal mandatory programs like this 
one. By making this a mandatory spending program, by guaranteeing that 
all of this money must be spent each year on this one program, we are 
saying land acquisition is more important than dollars for our school 
children, that funds for species recovery is more pressing than 
prescription drug coverage for senior citizens. I doubt anyone here 
today intends to make that statement, but that is exactly what we are 
doing.
  For all these reasons--that it inequitably distributes funds among 
the states, that it worsens the maintenance backlog in our system of 
federal lands, that is furthers the fragmentation of our budget 
process, and that it mandates spending for one worthy purpose to the 
detriment of other equally important priorities--this legislation 
should be defeated.
  Ms. BALDWIN. Mr. Chairman, I wish to lend my voice in support of the 
Conservation and Reinvestment Act (CARA), H.R. 701.
  My district is one of the most beautiful places in the Nation. In 
fact, protecting the beauty of Wisconsin and the nation is what 
prompted former Wisconsin Senator Gaylord Nelson to come up with the 
concept of Earth Day 30 years ago.
  My district also has some of the most productive farmland in the 
Nation. But this fertile soil, and the family farms that are the 
backbone of Wisconsin's rural economy, are being overrun by development 
and sprawl. CARA will provide needed funding to protect these valuable 
and beautiful areas. Protection of these lands is paramount, for once 
the land is lost to development, it is very difficult to restore to its 
natural state.
  But this bipartisan bill does more than just protect open spaces and 
farmland. It is a wide ranging measure that will help states improve 
and maintain parks and recreational areas. It will provide much needed 
funding for historic preservation and it will help keep plant and 
animal species from becoming endangered. This bill will provide 
Wisconsin with over $25 million every year until the year 2015 for 
these and other vital conservation efforts. The time is now to protect 
our natural resources for future generations.
  I understand there are concerns from some that this bill may 
inadvertently increase exploration and drilling offshore for more oil 
and gas. I share these concerns, and I agree that this is not a perfect 
bill. However, this bill does go a long way in protecting, preserving 
and securing a wide range of public lands and addresses many vital 
conservation needs. Today, we can seize the opportunity to save 
America's amazing beauty for generations to come by passing this bill. 
I hope we will do so.
  The CHAIRMAN pro tempore. Under the rule, the Committee rises.
  Accordingly, the Committee rose; and the Speaker pro tempore (Mr. 
Miller of Florida) having assumed the chair, Mr. Quinn, Chairman pro 
tempore of the Committee of the Whole House on the State of the Union, 
reported that that Committee, having had under consideration the bill 
(H.R. 701) to provide Outer Continental Shelf Impact Assistance to 
State and local governments, to amend the Land and Water Conservation 
Fund Act of 1965, the Urban Park and Recreation Recovery Act of 1978, 
and the Federal Aid in Wildlife Restoration Act (commonly referred to 
as the Pittman-Robertson Act) to establish a fund to meet the outdoor 
conservation and recreation needs of the American people, and for other 
purposes, pursuant to House Resolution 497, he reported the bill back 
to the House with an amendment adopted by the Committee of the Whole.
  The SPEAKER pro tempore. Under the rule, the previous question is 
ordered.
  Is a separate vote demanded on any amendment to the amendment in the 
nature of a substitute adopted by the Committee of the Whole? If not, 
the question is on the amendment.
  The amendment was agreed to.
  The SPEAKER pro tempore. The question is on the engrossment and third 
reading of the bill.
  The bill was ordered to be engrossed and read a third time, and was 
read the third time.


               Motion to Recommit Offered by Mr. De Fazio

  Mr. DeFAZIO. Mr. Speaker, I offer a motion to recommit.
  The SPEAKER pro tempore. Is the gentleman opposed to the bill?
  Mr. DeFAZIO. In its present form, I am, Mr. Speaker.
  The SPEAKER pro tempore. The Clerk will report the motion to 
recommit.
  The Clerk read as follows:

       Mr. DeFazio moves to recommit the bill to the Committee on 
     Resources with instructions to report the bill back to the 
     House forthwith with the following amendment:
       At the end of the bill, add the following:

    TITLE VIII--PROTECTION OF SOCIAL SECURITY AND MEDICARE BENEFITS

       No funds shall be expended under this Act if such 
     expenditure diminishes benefit obligations of the Federal 
     Old-Age and Survivors Insurance Trust Fund, the Federal 
     Disability Insurance Trust Fund, the Hospital Insurance Trust 
     Fund, or the Supplementary Medical Insurance Trust Fund.

  The SPEAKER pro tempore. The gentleman from Oregon (Mr. DeFazio) will 
be recognized for 5 minutes.
  Is there a Member opposed to the motion to recommit?
  Mr. YOUNG of Alaska. I am opposed to the motion to recommit, Mr. 
Speaker.
  The SPEAKER pro tempore. The gentleman from Alaska (Mr. Young) will 
be recognized in opposition to the motion to recommit.
  The Chair recognizes the gentleman from Oregon (Mr. DeFazio).
  Mr. DeFAZIO. Mr. Speaker, this is an important improvement to the 
bill and I believe it is something that every Member of the body, no 
matter which side of the aisle they come from, will want to vote for. 
This is a motion to recommit, which would immediately report the bill 
back as amended with this language added. This amendment is quite 
simple. It assures with no estimates, no nothing else, it assures 
absolutely 100 percent that the benefits under Social Security, and all 
of the Medicare trust funds and programs will not be diminished under 
this legislation. That is certainly the objective of all the supporters 
of this legislation, and I urge support for this amendment so that 
there will be no question about the commitment of every single Member 
of this House of Representatives to our senior citizens and other 
beneficiaries of these vital programs.
  Last night, the Committee of the Whole accepted an amendment which

[[Page H2950]]

purported to give assurances that CARA would not be funded unless the 
Congressional Budget Office could certify that we would eliminate the 
national debt by 2013, among others. Of course the Congressional Budget 
Office has already testified that they cannot project what is going to 
happen in 2013 and that raised some questions on the floor. A number of 
Members on those grounds voted against that amendment as mischievous. 
But they also want to be certain the bill protects Social Security. So 
I am removing them from that dilemma.
  I suspect that the vote last night was a vote against ordering a 
government agency to make a finding it has already declared it cannot 
make. But again, we want to be absolutely clear here today. The House 
should speak strongly in passing legislation like CARA, which does 
mandate spending on high priority programs, but we will not allow this 
initiative to diminish the benefits to millions of Americans provided 
by Social Security and all the Medicare programs by one penny.
  The amendment I am offering, therefore, adds a new title to the bill 
that makes it crystal clear that expenditures under H.R. 701 will not 
occur if they would diminish benefit obligations under the Social 
Security or Medicare programs. I would note, and Members should listen, 
this is a stronger pro-Social Security and stronger pro-Medicare 
statement than that adopted last night. It is more accurate. The 
amendment last night did not include the supplementary medical 
insurance trust fund, part B of Medicare, which therefore would remain 
outside the protections of H.R. 701 unless my amendment is adopted.
  This amendment offers Members the opportunity to be for Social 
Security and Medicare and CARA. Members do not have to choose. They can 
be for Social Security 100 percent protected out of the trust funds and 
Medicare, all of its trust funds 100 percent protected, and they can be 
for CARA. This is absolutely dispositive language. I do not believe 
that anyone should have any concern with adopting this stronger 
language.
  Mr. GEORGE MILLER of California. Mr. Speaker, will the gentleman 
yield?
  Mr. DeFAZIO. I yield to the gentleman from California.
  Mr. GEORGE MILLER of California. Mr. Speaker, I thank the gentleman 
for yielding. I think it is a strange turn of events that we end up 
with CARA discussing these trust funds, but it is very clear that to 
all Members of this House on both sides of the aisle, as we have 
evolved in the Social Security-Medicare debate in this Congress over 
the last decade, we have made it very clear to ourselves, I hope, and 
to our constituents that we would not once again go back to an old 
habit of invading Social Security trust funds and the Medicare program 
as we had in the past.
  What the DeFazio motion to recommit does is make an absolute 
prohibition against that, so that we cannot gimmick up estimates, we 
cannot gimmick up certifications. We have all been there before. We 
have all had these estimates. If Members remember, 8 years ago we were 
going to have $300 billion deficits for as far as the eye could see. 
Now we are telling people we have $300 billion surpluses as far as the 
eye can see. The bottom line is whether or not you have invaded the 
trust funds. This assures that CARA goes forward, it goes forward with 
permanent funding, but it will not, under the prohibitions in the 
DeFazio amendment, invade those trust funds.
  I think this serves the best interests of all Members of the House on 
both sides of the aisle. I thank the gentleman for offering his 
amendment and I would hope that it would have strong bipartisan support 
because it does, in fact, speak to the issues that all of us have 
addressed throughout our careers in the Congress of the United States 
while affording us the opportunity to meet one of the very, very 
important concerns that the American public has, and, that is, about 
the conservation of America's great natural resources and assets.
  Mr. DeFAZIO. Mr. Speaker, this does not rely on estimates. It does 
not rely on estimates that can be phonied up on certifications like the 
annual certification we see sometimes on trade issues and others. This 
is hard and fast dollars and cents protection.
  The SPEAKER pro tempore. The gentleman from Alaska (Mr. Young) is 
recognized for 5 minutes in opposition to the motion to recommit.
  Mr. YOUNG of Alaska. Mr. Speaker, I yield to the gentleman from 
Arizona (Mr. Shadegg).
  Mr. SHADEGG. Mr. Speaker, I thank the gentleman for yielding, and I 
appreciate all the work he has done on this legislation. What we have 
before us is a purely political move by our colleagues on the other 
side to cover exactly what has happened here yesterday.
  Let us make a point, first on substance. The language of the motion 
to recommit, which we have in front of us, does not protect the trust 
fund. It does not protect the Medicare trust fund or the Social 
Security trust fund. What it says is that we will not diminish the 
benefit obligations. You tell me what ``benefit obligations'' means.
  The reality is the language we offered last night and that this House 
voted on last night protected the trust fund for Social Security, it 
protected paying down the debt, it protected Medicare, and it made sure 
that we did not raid Medicare over time. There were four 
certifications. This motion today is simply an effort by the other side 
to join us. I am glad that they are willing to join us. I am glad that 
they are not stripping this language, because the language they have 
offered does not go nearly far enough to protect the trust fund. 
Indeed, on its face it does not even claim to protect the Social 
Security trust fund.
  Last night in a vote on this floor, the vast majority of my 
colleagues on the other side voted not to protect the Social Security 
trust fund. They voted not to protect the Medicare program. They voted 
not to ensure that we were paying down the debt, and therefore they 
were willing to put at risk America's seniors and America's 
grandchildren.
  Today The Washington Post pointed out exactly what was wrong with 
their position, and that is, that it puts their bill, it puts 
conservation and buying more Federal land ahead of every other program. 
If they were genuine about this, why is there not additional language 
in here to protect, for example, education ahead of buying more Federal 
land? The answer is, this is a protect-your-backside vote on Social 
Security and Social Security only. And if it stripped the language of 
the Shadegg amendment last night, then it should, indeed, be defeated. 
But it does not do that.
  To their credit, they do not strip the critically important language 
that we put into the measure. They do not strip the language that 
Republicans adopted last night to protect Social Security, to protect 
Medicare and to pay down the debt by 2013 as this Congress has agreed.

                              {time}  1530

  If it were not so, if this were not just simply to protect 
themselves, then, in fact, they would agree to allow this to pass on a 
voice vote, but I assure my colleagues they will not allow it to pass 
on a voice vote.
  Last night, we took the right steps, and I am glad that having read 
The Washington Post editorial which pointed out that the automatic 
spending in this bill was irresponsible, particularly irresponsible 
since we were going to have a downturn in the economy at some point in 
time, I am glad they have woken up and decided to protect themselves.
  Mr. Speaker, I urge my colleagues that because this is a Pyrrhic and 
empty amendment simply for political purposes, I urge that we adopt the 
motion to recommit.
  Mr. YOUNG of Alaska. Mr. Speaker, how much time is remaining?
  The SPEAKER pro tempore (Mr. Miller of Florida). The gentleman from 
Alaska (Mr. Young) has 1 minute remaining.
  Mr. YOUNG of Alaska. Mr. Speaker, I yield myself the remainder of the 
time.
  I want to end this 2 days on a good note. You will find out whether 
it is impossible or not, a good note in the sense that let us not get 
fighting amongst one another on this bill. If my colleagues do not 
believe in the merits, vote ``no.'' If my colleagues believe in the 
merits, vote ``yes.''
  I told the gentleman yesterday when this amendment was adopted and I 
voted against the amendment, I would not attempt to strip it, and I did 
not do so. I cannot control what is offered in

[[Page H2951]]

recommittal. It may be protecting their back side or my back side, but 
that is the process.
  Mr. Speaker, I believe in this House and in this process which we 
follow. I ask my colleagues respectfully to understand each person's 
belief in what he stands for and vote our consciences. That is all I 
ask of my colleagues. That is fair, that is the way of this House of 
the people. That is what is right. That is what we must do.
  Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. Without objection, the previous question is 
ordered on the motion to recommit.
  There was no objection.
  The SPEAKER pro tempore. The question is on the motion to recommit.
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.


                             Recorded Vote

  Mr. DeFAZIO. Mr. Speaker, I demand a recorded vote.
  A recorded vote was ordered.
  The SPEAKER pro tempore. Pursuant to clause 9 of rule XX, the Chair 
will reduce to a minimum of 5 minutes the period of time within which a 
vote by electronic device, if ordered, will be taken on the question of 
passage.
  The vote was taken by electronic device, and there were--ayes 413, 
noes 3, not voting 18, as follows:

                             [Roll No. 178]

                               AYES--413

     Abercrombie
     Ackerman
     Aderholt
     Allen
     Andrews
     Archer
     Armey
     Baca
     Bachus
     Baird
     Baker
     Baldacci
     Baldwin
     Ballenger
     Barcia
     Barr
     Barrett (NE)
     Barrett (WI)
     Bartlett
     Bass
     Bateman
     Becerra
     Bentsen
     Bereuter
     Berkley
     Berman
     Berry
     Biggert
     Bilbray
     Bilirakis
     Bishop
     Blagojevich
     Bliley
     Blumenauer
     Blunt
     Boehlert
     Boehner
     Bonilla
     Bonior
     Bono
     Borski
     Boswell
     Boucher
     Boyd
     Brady (PA)
     Brady (TX)
     Brown (FL)
     Brown (OH)
     Bryant
     Burr
     Burton
     Buyer
     Callahan
     Calvert
     Camp
     Canady
     Cannon
     Capps
     Capuano
     Cardin
     Carson
     Castle
     Chabot
     Chambliss
     Chenoweth-Hage
     Clay
     Clayton
     Clement
     Clyburn
     Coburn
     Collins
     Condit
     Conyers
     Cook
     Cooksey
     Costello
     Cox
     Coyne
     Cramer
     Crane
     Crowley
     Cubin
     Cummings
     Cunningham
     Danner
     Davis (FL)
     Davis (IL)
     Davis (VA)
     Deal
     DeFazio
     Delahunt
     DeLauro
     DeLay
     Deutsch
     Diaz-Balart
     Dickey
     Dicks
     Dingell
     Dixon
     Doggett
     Dooley
     Doolittle
     Doyle
     Dreier
     Duncan
     Dunn
     Edwards
     Ehlers
     Ehrlich
     Emerson
     Engel
     English
     Eshoo
     Etheridge
     Evans
     Everett
     Ewing
     Farr
     Fattah
     Filner
     Fletcher
     Foley
     Forbes
     Ford
     Fossella
     Fowler
     Frank (MA)
     Franks (NJ)
     Frelinghuysen
     Frost
     Gallegly
     Ganske
     Gejdenson
     Gekas
     Gephardt
     Gibbons
     Gilchrest
     Gillmor
     Gilman
     Gonzalez
     Goode
     Goodlatte
     Gordon
     Goss
     Graham
     Granger
     Green (TX)
     Green (WI)
     Greenwood
     Gutierrez
     Gutknecht
     Hall (OH)
     Hall (TX)
     Hansen
     Hastings (FL)
     Hastings (WA)
     Hayes
     Hayworth
     Hefley
     Herger
     Hill (IN)
     Hill (MT)
     Hilleary
     Hilliard
     Hinchey
     Hinojosa
     Hobson
     Hoeffel
     Hoekstra
     Holden
     Holt
     Hooley
     Horn
     Hostettler
     Houghton
     Hoyer
     Hulshof
     Hunter
     Hutchinson
     Hyde
     Inslee
     Isakson
     Istook
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Jenkins
     John
     Johnson (CT)
     Johnson, E. B.
     Johnson, Sam
     Jones (NC)
     Jones (OH)
     Kanjorski
     Kasich
     Kelly
     Kennedy
     Kildee
     Kilpatrick
     Kind (WI)
     King (NY)
     Kingston
     Kleczka
     Klink
     Knollenberg
     Kolbe
     Kucinich
     Kuykendall
     LaFalce
     LaHood
     Lampson
     Lantos
     Largent
     Larson
     Latham
     LaTourette
     Lazio
     Leach
     Lee
     Levin
     Lewis (CA)
     Lewis (KY)
     Linder
     Lipinski
     LoBiondo
     Lowey
     Lucas (KY)
     Luther
     Maloney (CT)
     Maloney (NY)
     Manzullo
     Markey
     Martinez
     Mascara
     Matsui
     McCarthy (NY)
     McCollum
     McCrery
     McDermott
     McGovern
     McHugh
     McIntyre
     McKeon
     McKinney
     McNulty
     Meehan
     Meeks (NY)
     Menendez
     Mica
     Millender-McDonald
     Miller (FL)
     Miller, Gary
     Miller, George
     Minge
     Mink
     Moakley
     Mollohan
     Moore
     Moran (KS)
     Moran (VA)
     Morella
     Murtha
     Myrick
     Nadler
     Napolitano
     Neal
     Nethercutt
     Ney
     Northup
     Norwood
     Nussle
     Oberstar
     Obey
     Olver
     Ortiz
     Ose
     Owens
     Oxley
     Packard
     Pallone
     Pascrell
     Pastor
     Paul
     Payne
     Pease
     Pelosi
     Peterson (MN)
     Peterson (PA)
     Petri
     Phelps
     Pickering
     Pickett
     Pitts
     Pombo
     Pomeroy
     Porter
     Portman
     Price (NC)
     Pryce (OH)
     Quinn
     Radanovich
     Rahall
     Ramstad
     Rangel
     Regula
     Reyes
     Reynolds
     Riley
     Rivers
     Rodriguez
     Roemer
     Rogan
     Rogers
     Rohrabacher
     Ros-Lehtinen
     Rothman
     Roukema
     Roybal-Allard
     Royce
     Rush
     Ryan (WI)
     Ryun (KS)
     Sabo
     Salmon
     Sanchez
     Sanders
     Sandlin
     Sanford
     Sawyer
     Saxton
     Scarborough
     Schaffer
     Schakowsky
     Scott
     Sensenbrenner
     Serrano
     Sessions
     Shadegg
     Shaw
     Shays
     Sherman
     Shimkus
     Shows
     Shuster
     Simpson
     Sisisky
     Skeen
     Skelton
     Slaughter
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Snyder
     Souder
     Spence
     Spratt
     Stabenow
     Stark
     Stearns
     Stenholm
     Strickland
     Stump
     Stupak
     Sununu
     Sweeney
     Talent
     Tancredo
     Tanner
     Tauscher
     Tauzin
     Taylor (MS)
     Taylor (NC)
     Terry
     Thomas
     Thompson (CA)
     Thompson (MS)
     Thornberry
     Thune
     Thurman
     Tiahrt
     Tierney
     Toomey
     Towns
     Traficant
     Turner
     Udall (CO)
     Udall (NM)
     Upton
     Velazquez
     Visclosky
     Vitter
     Walden
     Wamp
     Waters
     Watkins
     Watt (NC)
     Watts (OK)
     Waxman
     Weiner
     Weldon (FL)
     Weldon (PA)
     Weller
     Wexler
     Weygand
     Whitfield
     Wicker
     Wilson
     Wolf
     Woolsey
     Wu
     Wynn
     Young (AK)
     Young (FL)

                                NOES--3

     Goodling
     Metcalf
     Smith (MI)

                             NOT VOTING--18

     Barton
     Campbell
     Coble
     Combest
     DeGette
     DeMint
     Kaptur
     Lewis (GA)
     Lofgren
     Lucas (OK)
     McCarthy (MO)
     McInnis
     McIntosh
     Meek (FL)
     Sherwood
     Vento
     Walsh
     Wise

                              {time}  1549

  So the motion to recommit was agreed to.
  The result of the vote was announced as above recorded.
  Mr. YOUNG of Alaska. Mr. Speaker, pursuant to the instructions of the 
House on the motion to recommit, I report the bill, H.R. 701, back to 
the House with an amendment.
  The SPEAKER pro tempore (Mr. Miller of Florida). The Clerk will 
report the amendment.
  The Clerk read as follows:

       Amendment: At the end of the bill, add the following:

    TITLE VIII--PROTECTION OF SOCIAL SECURITY AND MEDICARE BENEFITS

       No funds shall be expended under this Act if such 
     expenditure diminishes benefit obligations of the Federal 
     Old-Age and Survivors Insurance Trust Fund, the Federal 
     Disability Insurance Trust Fund, the Hospital Insurance Trust 
     Fund, or the Supplementary Medical Insurance Trust Fund.

  Mr. SPEAKER pro tempore. The question is on the amendment.
  The amendment was agreed to.
  The SPEAKER pro tempore. The question is on the engrossment and third 
reading of the bill.
  The bill was ordered to be engrossed and read a third time, and was 
read the third time.
  The SPEAKER pro tempore. The question is on the passage of the bill.
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.


                             Recorded Vote

  Mr. YOUNG of Alaska. Mr. Speaker, I demand a recorded vote.
  A recorded vote was ordered.
  The SPEAKER pro tempore. This will be a 5-minute vote.
  The vote was taken by electronic device, and there were--ayes 315, 
noes 102, not voting 17, as follows:

                             [Roll No. 179]

                               AYES--315

     Abercrombie
     Ackerman
     Allen
     Andrews
     Baca
     Bachus
     Baird
     Baker
     Baldacci
     Baldwin
     Ballenger
     Barcia
     Barr
     Barrett (WI)
     Bass
     Bateman
     Becerra
     Bentsen
     Bereuter
     Berkley
     Berman
     Biggert
     Bilbray
     Bilirakis
     Bishop
     Blagojevich
     Blumenauer
     Boehlert
     Bonior
     Bono
     Borski
     Boswell
     Boucher
     Boyd
     Brady (PA)
     Brady (TX)
     Brown (FL)
     Brown (OH)
     Burr
     Callahan
     Camp
     Canady
     Capps
     Capuano
     Cardin
     Carson
     Castle
     Chambliss
     Clay
     Clayton
     Clement
     Clyburn
     Collins
     Combest
     Condit
     Conyers
     Cooksey
     Costello
     Coyne
     Cramer
     Crane
     Crowley
     Cummings
     Cunningham
     Danner
     Davis (FL)
     Davis (IL)
     Davis (VA)
     Deal
     DeFazio
     Delahunt
     DeLauro
     Deutsch
     Diaz-Balart
     Dicks
     Dingell
     Dixon
     Doggett
     Dooley
     Doyle
     Dreier
     Dunn
     Edwards
     Ehlers
     Ehrlich
     Engel
     English
     Eshoo
     Etheridge
     Evans
     Farr
     Fattah
     Filner

[[Page H2952]]


     Fletcher
     Foley
     Forbes
     Fossella
     Fowler
     Frank (MA)
     Franks (NJ)
     Frelinghuysen
     Frost
     Gallegly
     Ganske
     Gejdenson
     Gekas
     Gephardt
     Gilchrest
     Gillmor
     Gilman
     Gonzalez
     Gordon
     Goss
     Green (TX)
     Green (WI)
     Greenwood
     Gutierrez
     Gutknecht
     Hall (OH)
     Hansen
     Hastings (FL)
     Hayes
     Hefley
     Hill (IN)
     Hill (MT)
     Hilliard
     Hinchey
     Hinojosa
     Hoeffel
     Holden
     Holt
     Hooley
     Horn
     Houghton
     Hyde
     Inslee
     Isakson
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Jenkins
     John
     Johnson (CT)
     Johnson, E.B.
     Jones (NC)
     Jones (OH)
     Kanjorski
     Kaptur
     Kelly
     Kennedy
     Kildee
     Kilpatrick
     Kind (WI)
     King (NY)
     Kleczka
     Klink
     Kucinich
     Kuykendall
     LaFalce
     LaHood
     Lampson
     Lantos
     Larson
     LaTourette
     Lazio
     Leach
     Lee
     Levin
     Lewis (GA)
     Lewis (KY)
     Lipinski
     LoBiondo
     Lowey
     Lucas (KY)
     Luther
     Maloney (CT)
     Maloney (NY)
     Markey
     Martinez
     Mascara
     Matsui
     McCarthy (NY)
     McCollum
     McCrery
     McDermott
     McGovern
     McHugh
     McIntyre
     McKinney
     McNulty
     Meehan
     Meeks (NY)
     Menendez
     Metcalf
     Mica
     Millender-McDonald
     Miller (FL)
     Miller, George
     Minge
     Mink
     Moakley
     Mollohan
     Moore
     Moran (VA)
     Morella
     Myrick
     Nadler
     Napolitano
     Neal
     Ney
     Northup
     Norwood
     Nussle
     Oberstar
     Olver
     Ortiz
     Owens
     Pallone
     Pascrell
     Pastor
     Payne
     Pease
     Pelosi
     Peterson (MN)
     Petri
     Phelps
     Pickering
     Pickett
     Pitts
     Pomeroy
     Porter
     Portman
     Price (NC)
     Pryce (OH)
     Quinn
     Rahall
     Ramstad
     Rangel
     Reyes
     Reynolds
     Riley
     Rivers
     Rodriguez
     Roemer
     Rogan
     Rogers
     Ros-Lehtinen
     Rothman
     Roukema
     Roybal-Allard
     Rush
     Ryan (WI)
     Sanchez
     Sanders
     Sandlin
     Sawyer
     Saxton
     Scarborough
     Schakowsky
     Scott
     Serrano
     Sessions
     Shaw
     Shays
     Sherman
     Shimkus
     Shows
     Shuster
     Sisisky
     Skeen
     Skelton
     Slaughter
     Smith (NJ)
     Smith (WA)
     Snyder
     Souder
     Spratt
     Stabenow
     Stark
     Strickland
     Stupak
     Sweeney
     Tancredo
     Tanner
     Tauscher
     Tauzin
     Taylor (MS)
     Terry
     Thompson (CA)
     Thompson (MS)
     Thune
     Thurman
     Tierney
     Towns
     Traficant
     Turner
     Udall (CO)
     Udall (NM)
     Upton
     Velazquez
     Vitter
     Waters
     Watt (NC)
     Waxman
     Weiner
     Weldon (PA)
     Weller
     Wexler
     Weygand
     Whitfield
     Wilson
     Woolsey
     Wu
     Wynn
     Young (AK)

                               NOES--102

     Aderholt
     Archer
     Armey
     Barrett (NE)
     Bartlett
     Berry
     Bliley
     Blunt
     Boehner
     Bonilla
     Bryant
     Burton
     Buyer
     Calvert
     Cannon
     Chabot
     Chenoweth-Hage
     Coburn
     Cook
     Cox
     Cubin
     DeLay
     Dickey
     Doolittle
     Duncan
     Emerson
     Everett
     Ewing
     Gibbons
     Goode
     Goodlatte
     Goodling
     Granger
     Hall (TX)
     Hastings (WA)
     Hayworth
     Herger
     Hilleary
     Hobson
     Hoekstra
     Hostettler
     Hoyer
     Hulshof
     Hunter
     Hutchinson
     Istook
     Johnson, Sam
     Kasich
     Kingston
     Knollenberg
     Kolbe
     Largent
     Latham
     Lewis (CA)
     Linder
     Manzullo
     McKeon
     Miller, Gary
     Moran (KS)
     Murtha
     Nethercutt
     Obey
     Ose
     Oxley
     Packard
     Paul
     Peterson (PA)
     Pombo
     Radanovich
     Regula
     Rohrabacher
     Royce
     Ryun (KS)
     Sabo
     Salmon
     Sanford
     Schaffer
     Sensenbrenner
     Shadegg
     Simpson
     Smith (MI)
     Smith (TX)
     Spence
     Stearns
     Stenholm
     Stump
     Sununu
     Talent
     Taylor (NC)
     Thomas
     Thornberry
     Tiahrt
     Toomey
     Visclosky
     Walden
     Wamp
     Watkins
     Watts (OK)
     Weldon (FL)
     Wicker
     Wolf
     Young (FL)

                             NOT VOTING--17

     Barton
     Campbell
     Coble
     DeGette
     DeMint
     Ford
     Graham
     Lofgren
     Lucas (OK)
     McCarthy (MO)
     McInnis
     McIntosh
     Meek (FL)
     Sherwood
     Vento
     Walsh
     Wise

                              {time}  1601

  So the bill was passed.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.

                          ____________________