[Congressional Record Volume 150, Number 89 (Thursday, June 24, 2004)]
[Senate]
[Pages S7446-S7453]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. ALEXANDER (for himself and Ms. Landrieu):
  S. 2590. A bill to provide a conservation royalty from Outer 
Continental Shelf revenues to establish the Coastal Impact Assistance 
Program, to provide assistance to States under the Land and Water 
Conservation Fund Act of 1965, to ensure adequate funding for 
conserving and restoring wildlife, to assist local governments in 
improving local park and recreation systems, and for other purposes; to 
the Committee on Energy and Natural Resources.
  Mr. ALEXANDER. Mr. President, today, Senator Landrieu and I are 
introducing the Americans Outdoors Act of 2004, bipartisan legislation 
that will provide nearly $1.5 billion annually to help Americans in 
every State enjoy the great American outdoors.
  The Americans Outdoors Act would provide a reliable stream of funding 
by collecting a conservation royalty on revenues from drilling for oil 
and gas on offshore Federal land. It would use this conservation 
royalty to fully fund three existing Federal programs: the so-called 
State side of the Land and Water Conservation Fund, $450 million 
annually; wildlife conservation, $350 million annually to fully fund 
that Federal program; and to fully fund urban parks initiatives, 
another $125 million. It would also provide an additional $500 million 
each year for coastal impact assistance, including wetlands protection.
  In addition, Senator Landrieu and I intend to offer an amendment to 
our legislation that would fully fund the $450 million per year Federal 
side of the Land and Water Conservation Fund, but only after we have 
consulted further with our colleagues to develop a consensus.
  We offer this legislation because there is nothing more central to 
the American character than the great American outdoors. We offer it 
because we want to provide a conservation legacy for the next 
generation. We believe there is a huge conservation majority in America 
and in the Senate that will support this legislation.
  In 1985, when I was Governor of Tennessee, President Ronald Reagan 
asked me to chair the President's Commission on American Outdoors. 
Gilbert Grosvenor, president of the National Geographic Society, was 
vice-chairman. Patrick Noonan of the Conservation Fund and other 
distinguished Americans served on the commission. President Reagan 
himself was an outdoorsman. The President challenged his commission to 
look ahead for a generation and tell the country how we can have 
appropriate places to do what we want to do outdoors.
  In the report of our commission in 1987, we found many threats to the 
opportunity to enjoy the outdoors: exotic pollutants, loss of space 
through urban growth, and disappearance of wetlands. Changing 
lifestyles and new technology presented new challenges as well as 
opportunities. Differences in needs and Federal land ownership between 
the eastern and western States created challenging conflicts to 
resolve.
  In our report we emphasized that most outdoors recreation occurs 
close to home, near towns or cities where 80 percent of us live. We 
therefore recommended more land trusts, greenways, city parks and 
scenic byways.
  We suggested that most of this action be accomplished by a prairie 
fire of local concern rather than by action in Washington, DC, but we 
did recommend that Congress dedicate at least $1 billion a year from 
offshore oil and gas drilling revenues to provide a steady, reliable 
flow of funds to the Land and Water Conservation Fund.
  Much of what we recommended has happened and is now law.
  But it is now time to build on the commission's work of 20 years ago 
and look ahead for another generation.
  By fully funding State wildlife grants, urban parks and the State 
programs of the Land and Water Conservation Fund, the Americans 
Outdoors Act of 2004 will continue that legacy. It will enlarge on the 
legacy by providing new funds for coastal assistance, including 
wetlands protection.
  It will do so through a new steady stream of funding by creating what 
I think of as a ``conservation royalty.'' This new conservation royalty 
is not such a new idea at all. This conservation royalty is modeled 
after the existing State royalty for onshore oil and gas drilling that 
was created in the Mineral Lands Leasing Act of 1920. That act gives 50 
cents of every dollar from drilling--and in the case of Alaska, 90--as 
a royalty to the State in which the drilling occurs.
  In a similar way, The Americans Outdoors Act of 2004 would create a 
conservation royalty of about 25 percent for revenues of the funds 
collected from offshore drilling on Federal lands. Some of the royalty 
would go to the States where the drilling occurs. More would go to all 
states for parks, game and fish commissions and projects funded by the 
Land and Water Conservation Fund.
  The idea is very simple: if drilling for oil and gas creates an 
environmental impact, it is wise to use some of the proceeds to create 
an environmental benefit. In 2001, the Federal Government received $7.5 
billion in oil and gas revenues from federal offshore leases. This 
revenue comes from the Outer Continental Shelf, which supplies more oil 
to the United States than any other country, including Saudi Arabia.
  Chairman Peter Domenici has scheduled a hearing in the Energy and 
Natural Resources Committee on July 13. In the meantime Senator 
Landrieu and I will continue our discussion with other committee 
members and other colleagues to create a consensus.
  There is at least one piece of unfinished business. At some point in 
the process, Senator Landrieu and I will offer an amendment to our own 
legislation that will fully fund--at $450 million a year--the Federal 
side of the Land and Water conservation Fund. It was this provision in 
earlier legislation that helped to cause the legislation not to be 
enacted by the Senate. We believe

[[Page S7447]]

that by listening to our colleagues and developing more flexibility 
among states in how these dollars might be spent, we can develop 
legislation that will pass the Senate.

  We are glad to see that Congressmen Young and Miller have introduced 
a similar piece of legislation in the House of Representatives. We look 
forward to working with them.
  We are pleased tat already more than two dozen national organizations 
representing millions of Americans have expressed their support for the 
American outdoors Act of 2004. These organizations range from the U.S. 
Conference of Mayors, to the National Wildlife Federation, to Ducks 
Unlimited, and the City Parks Alliance. We invite all Americans and our 
colleagues of both political parties, to join with us in providing a 
legacy for the next generation to enjoy the great American outdoors.
  Someone once said that Italy has its art, England its history, and 
the United States has the great American outdoors. Our magnificent 
land, as much of our love of liberty, is at the core of our character. 
It has inspired our pioneer spirit, our resourcefulness and our 
generosity. Its greatness has fueled our individualism and optimism, 
and made us believe that anything is possible. It has influenced our 
music, literature, science and language. It has served as the training 
ground of our athletes and philosophers, of poets and defenders of 
American ideals.
  That is why there is a conservation majority--a large conservation 
majority--in the United States of America. That is why, I believe, that 
when this bill comes to the floor, there will be a large conservation 
majority in the U.S. Senate.
  Mr. President, I ask unanimous consent that a list of the more than 
two dozen organizations--from the United States Conference of Mayors, 
to the National Wildlife Federation, to Ducks Unlimited, to the 
Conservation Council, and many others--representing millions of 
Americans in support of the Americans Outdoors Act of 2004 be printed 
in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

               List of Americans Outdoors Bill Supporters

National Governors Association has a policy consistent with this bill. 
   National Governors Association has not formally endorsed the bill.

     US Conference of Mayors
     National Wildlife Federation
     International Association of Fish and Wildlife Agencies
     Outdoor Industry Association
     American Sportfishing Association
     National Wild Turkey Federation
     United States Soccer Foundation
     United States Soccer Federation
     National Marine Manufacturers Association
     American Planning Association
     American Society of Landscape Architects
     Americans for Our Heritage and Recreation
     City Parks Alliance
     The Conservation Fund
     National Association of State Outdoor Recreation Liaison 
         Officers
     National Association of State Park Directors
     National Council of Youth Sports
     National Recreation and Park Association
     Outdoor Industry Association
     SGMA International
     Smart Growth International
     Archery Trade Association
     Theodore Roosevelt Conservation Partnership
     Boone and Crockett Club
     The Wildlife Society
     AZ Antelope Foundation
     AZ Desert Bighorn Sheep Society
     AZ Wildlife Conservation Council
     BASS/ESPN Outdoors
     WILDEATS Enterprises
     Association of Native Americans
     Trout Unlimited
     Ducks Unlimited
     PA BASS Federation
     Western Clinton Sportsmen's Association
     Hodgman, Inc
     Federation of Fly Fishers
     The Conservation Council
     State of Louisiana

  Mr. ALEXANDER. Mr. President, I ask unanimous consent that the text 
of the bill be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2590

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

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Americans 
     Outdoors Act of 2004''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title; table of contents.

        TITLE I--DISPOSITION OF OUTER CONTINENTAL SHELF REVENUES

Sec. 101. Disposition.

                  TITLE II--COASTAL IMPACT ASSISTANCE

Sec. 201. Coastal Impact Assistance Program.

              TITLE III--LAND AND WATER CONSERVATION FUND

Sec. 301. Apportionment of amounts available for State purposes.
Sec. 302. State planning.
Sec. 303. Assistance to States for other projects.
Sec. 304. Conversion of property to other use.
Sec. 305. Water rights.

           TITLE IV--CONSERVATION AND RESTORATION OF WILDLIFE

Sec. 401. Purposes.
Sec. 402. Definitions.
Sec. 403. Wildlife Conservation and Restoration Account.
Sec. 404. Apportionment to Indian tribes.
Sec. 405. No effect on prior appropriations.

          TITLE V--URBAN PARK AND RECREATION RECOVERY PROGRAM

Sec. 501. Expansion of purpose of Urban Park and Recreation Recovery 
              Act of 1978 to include development of new areas and 
              facilities.
Sec. 502. Definitions.
Sec. 503. Eligibility.
Sec. 504. Grants.
Sec. 505. Recovery action programs.
Sec. 506. State action incentives.
Sec. 507. Conversion of recreation property.
Sec. 508. Treatment of transferred amounts.
Sec. 509. Repeal.

        TITLE I--DISPOSITION OF OUTER CONTINENTAL SHELF REVENUES

     SEC. 101. DISPOSITION.

       Section 9 of the Outer Continental Shelf Lands Act (43 
     U.S.C. 1338) is amended to read as follows:

     ``SEC. 9. DISPOSITION OF REVENUES.

       ``(a) In General.--For each of fiscal years 2005 through 
     2010, the Secretary of the Treasury shall deposit in the 
     Treasury of the United States all qualified outer continental 
     shelf revenues (as defined in section 31(a)).
       ``(b) Transfer for Conservation Royalty Expenditures.--For 
     each of fiscal years 2005 through 2010, from amounts 
     deposited for the preceding fiscal year under subsection (a), 
     the Secretary of the Treasury shall transfer--
       ``(1) to the Secretary to make payments under section 31, 
     $500,000,000;
       ``(2) to the Land and Water Conservation Fund to provide 
     financial assistance to States under section 6 of the Land 
     and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-8), 
     $450,000,000;
       ``(3) to the Federal aid to wildlife restoration fund 
     established under section 3 of the Pittman-Robertson Wildlife 
     Restoration Act (16 U.S.C. 669b) for deposit in the Wildlife 
     Conservation and Restoration Account, $350,000,000; and
       ``(4) to the Secretary to carry out the Urban Park and 
     Recreation Recovery Act of 1978 (16 U.S.C. 2501 et seq.), 
     $125,000,000. ''.

                  TITLE II--COASTAL IMPACT ASSISTANCE

     SEC. 201. COASTAL IMPACT ASSISTANCE PROGRAM.

       Section 31 of the Outer Continental Shelf Lands Act (43 
     U.S.C. 1356a) is amended to read as follows:

     ``SEC. 31. COASTAL IMPACT ASSISTANCE PROGRAM.

       ``(a) Definitions.--In this section:
       ``(1) Coastal political subdivision.--The term `coastal 
     political subdivision' means a political subdivision of a 
     coastal State any part of which political subdivision is--
       ``(A) within the coastal zone (as defined in section 304 of 
     the Coastal Zone Management Act of 1972 (16 U.S.C. 1453)) of 
     the coastal State; and
       ``(B) not more than 200 miles from the geographic center of 
     any leased tract.
       ``(2) Coastal population.--The term `coastal population' 
     means the population, as determined by the most recent 
     official data of the Census Bureau, of each political 
     subdivision any part of which lies within the designated 
     coastal boundary of a State (as defined in a State's coastal 
     zone management program under the Coastal Zone Management Act 
     of 1972 (16 U.S.C. 1451 et seq.)).
       ``(3) Coastal state.--The term `coastal State' has the 
     meaning given the term in section 304 of the Coastal Zone 
     Management Act of 1972 (16 U.S.C. 1453).
       ``(4) Coastline.--The term `coastline' has the meaning 
     given the term `coast line' in section 2 of the Submerged 
     Lands Act (43 U.S.C. 1301).
       ``(5) Distance.--The term `distance' means the minimum 
     great circle distance, measured in statute miles.
       ``(6) Leased tract.--The term `leased tract' means a tract 
     that is subject to a lease under section 6 or 8 for the 
     purpose of drilling for, developing, and producing oil or 
     natural gas resources.
       ``(7) Political subdivision.--The term `political 
     subdivision' means the local political jurisdiction 
     immediately below the level of State government, including 
     counties, parishes, and boroughs.
       ``(8) Producing state.--
       ``(A) In general.--The term `producing State' means a 
     coastal State with a coastal seaward boundary within 200 
     miles from the geographic center of a leased tract.
       ``(B) Exclusion.--The term `producing State' does not 
     include a leased tract or portion of a leased tract that is 
     located in a geographic area subject to a leasing moratorium 
     on January 1, 2002, unless the lease was in production on 
     that date.

[[Page S7448]]

       ``(9) Qualified outer continental shelf revenues.--
       ``(A) In general.--The term `qualified Outer Continental 
     Shelf revenues' means all amounts received by the United 
     States after January 1, 2003, from each leased tract or 
     portion of a leased tract--
       ``(i) lying--

       ``(I) seaward of the zone covered by section 8(g); or
       ``(II) within that zone, but to which section 8(g) does not 
     apply; and

       ``(ii) the geographic center of which lies within a 
     distance of 200 miles from any part of the coastline of any 
     coastal State.
       ``(B) Inclusions.--The term `qualified Outer Continental 
     Shelf revenues' includes bonus bids, rents, royalties 
     (including payments for royalty taken in kind and sold), net 
     profit share payments, and related late-payment interest from 
     natural gas and oil leases issued under this Act.
       ``(C) Exclusion.--The term `qualified Outer Continental 
     Shelf revenues' does not include any revenues from a leased 
     tract or portion of a leased tract that is located in a 
     geographic area subject to a leasing moratorium on January 1, 
     2002, unless the lease was in production on that date.
       ``(10) Transferred amount.--The term `transferred amount' 
     means the amount transferred to the Secretary under section 9 
     to make payments to producing States and coastal political 
     subdivisions under this section for a fiscal year.
       ``(b) Payments to Producing States and Coastal Political 
     Subdivisions.--
       ``(1) In general.--For each of fiscal years 2005 through 
     2010, the transferred amount shall be allocated by the 
     Secretary among producing States and coastal political 
     subdivisions in accordance with this section.
       ``(2) Disbursement.--In each fiscal year, the Secretary 
     shall, without further appropriation, disburse to each 
     producing State for which the Secretary has approved a plan 
     under subsection (c), and to coastal political subdivisions 
     under paragraph (4), such funds as are allocated to the 
     producing State or coastal political subdivision, 
     respectively, under this section for the fiscal year.
       ``(3) Allocation among producing states.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     the transferred amount shall be allocated to each producing 
     State in the proportion that, for the preceding 5-year 
     period--
       ``(i) the amount of qualified outer Continental Shelf 
     revenues generated off the coastline of the producing State; 
     bears to
       ``(ii) the amount of qualified outer Continental Shelf 
     revenues generated off the coastline of all producing States.
       ``(B) Multiple producing states.--In a case in which more 
     than 1 producing State is located within 200 miles of any 
     portion of a leased tract, the amount allocated to each 
     producing State for the leased tract shall be inversely 
     proportional to the distance between--
       ``(i) the nearest point on the coastline of the producing 
     State; and
       ``(ii) the geographic center of the leased tract.
       ``(4) Payments to coastal political subdivisions.--
       ``(A) In general.--The Secretary shall pay 35 percent of 
     the amount allocated under paragraph (3) to the coastal 
     political subdivisions in the producing State.
       ``(B) Formula.--Of the amount paid by the Secretary to 
     coastal political subdivisions under subparagraph (A)--
       ``(i) 25 percent shall be allocated to each coastal 
     political subdivision in the proportion that--

       ``(I) the coastal population of the coastal political 
     subdivision; bears to
       ``(II) the coastal population of all coastal political 
     subdivisions in the producing State;

       ``(ii) 25 percent shall be allocated to each coastal 
     political subdivision in the proportion that--

       ``(I) the number of miles of coastline of the coastal 
     political subdivision; bears to
       ``(II) the number of miles of coastline of all coastal 
     political subdivisions in the producing State; and

       ``(iii) 50 percent shall be allocated in amounts that are 
     inversely proportional to the respective distances between 
     the points in each coastal political subdivision that are 
     closest to the geographic center of each leased tract, as 
     determined by the Secretary.
       ``(C) Exception for the state of louisiana.--For the 
     purposes of subparagraph (B)(ii), the coastline for coastal 
     political subdivisions in the State of Louisiana without a 
     coastline shall be the average length of the coastline of all 
     other coastal political subdivisions in the State of 
     Louisiana.
       ``(D) Exception for the state of alaska.--For the purposes 
     of carrying out subparagraph (B)(iii) in the State of Alaska, 
     the amounts allocated shall be divided equally among the 2 
     coastal political subdivisions that are closest to the 
     geographic center of a leased tract.
       ``(E) Exclusion of certain leased tracts.--For purposes of 
     subparagraph (B)(iii), a leased tract or portion of a leased 
     tract shall be excluded if the tract or portion of a leased 
     tract is located in a geographic area subject to a leasing 
     moratorium on January 1, 2002, unless the lease was in 
     production on that date.
       ``(5) No approved plan.--
       ``(A) In general.--Subject to subparagraph (B) and except 
     as provided in subparagraph (C), in a case in which any 
     amount allocated to a producing State or coastal political 
     subdivision under paragraph (3) or (4) is not disbursed 
     because the producing State does not have in effect a plan 
     that has been approved by the Secretary under subsection (c), 
     the Secretary shall allocate the undisbursed amount equally 
     among all other producing States.
       ``(B) Retention of allocation.--The Secretary shall hold in 
     escrow an undisbursed amount described in subparagraph (A) 
     until such date as the final appeal regarding the disapproval 
     of a plan submitted under subsection (c) is decided.
       ``(C) Waiver.--The Secretary may waive subparagraph (A) 
     with respect to an allocated share of a producing State and 
     hold the allocable share in escrow if the Secretary 
     determines that the producing State is making a good faith 
     effort to develop and submit, or update, a plan in accordance 
     with subsection (c).
       ``(c) Coastal Impact Assistance Plan.--
       ``(1) Submission of state plans.--
       ``(A) In general.--Not later than July 1, 2005, the 
     Governor of a producing State shall submit to the Secretary a 
     coastal impact assistance plan.
       ``(B) Public participation.--In carrying out subparagraph 
     (A), the Governor shall solicit local input and provide for 
     public participation in the development of the plan.
       ``(2) Approval.--
       ``(A) In general.--The Secretary shall approve a plan of a 
     producing State submitted under paragraph (1) before 
     disbursing any amount to the producing State, or to a coastal 
     political subdivision located in the producing State, under 
     this section.
       ``(B) Components.--The Secretary shall approve a plan 
     submitted under paragraph (1) if--
       ``(i) the Secretary determines that the plan is consistent 
     with the uses described in subsection (d); and
       ``(ii) the plan contains--

       ``(I) the name of the State agency that will have the 
     authority to represent and act on behalf of the producing 
     State in dealing with the Secretary for purposes of this 
     section;
       ``(II) a program for the implementation of the plan that 
     describes how the amounts provided under this section to the 
     producing State will be used;
       ``(III) for each coastal political subdivision that 
     receives an amount under this section--

       ``(aa) the name of a contact person; and
       ``(bb) a description of how the coastal political 
     subdivision will use amounts provided under this section;

       ``(IV) a certification by the Governor that ample 
     opportunity has been provided for public participation in the 
     development and revision of the plan; and
       ``(V) a description of measures that will be taken to 
     determine the availability of assistance from other relevant 
     Federal resources and programs.

       ``(3) Amendment.--Any amendment to a plan submitted under 
     paragraph (1) shall be--
       ``(A) developed in accordance with this subsection; and
       ``(B) submitted to the Secretary for approval or 
     disapproval under paragraph (4).
       ``(4) Procedure.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     not later than 90 days after the date on which a plan or 
     amendment to a plan is submitted under paragraph (1) or (3), 
     the Secretary shall approve or disapprove the plan or 
     amendment.
       ``(B) Exception.--For fiscal year 2005, the Secretary shall 
     approve or disapprove a plan submitted under paragraph (1) 
     not later than December 31, 2005.
       ``(d) Authorized Uses.--
       ``(1) In general.--A producing State or coastal political 
     subdivision shall use all amounts received under this 
     section, including any amount deposited in a trust fund that 
     is administered by the State or coastal political subdivision 
     and dedicated to uses consistent with this section, in 
     accordance with all applicable Federal and State law, only 
     for 1 or more of the following purposes:
       ``(A) Projects and activities for the conservation, 
     protection, or restoration of coastal areas, including 
     wetland.
       ``(B) Mitigation of damage to fish, wildlife, or natural 
     resources.
       ``(C) Planning assistance and the administrative costs of 
     complying with this section.
       ``(D) Implementation of a federally-approved marine, 
     coastal, or comprehensive conservation management plan.
       ``(E) Mitigation of the impact of outer Continental Shelf 
     activities through funding of onshore infrastructure projects 
     and public service needs.
       ``(2) Compliance with authorized uses.--If the Secretary 
     determines that any expenditure made by a producing State or 
     coastal political subdivision is not consistent with this 
     subsection, the Secretary shall not disburse any additional 
     amount under this section to the producing State or the 
     coastal political subdivision until such time as all amounts 
     obligated for unauthorized uses have been repaid or 
     reobligated for authorized uses.''.

              TITLE III--LAND AND WATER CONSERVATION FUND

     SEC. 301. APPORTIONMENT OF AMOUNTS AVAILABLE FOR STATE 
                   PURPOSES.

       Section 6 of the Land and Water Conservation Fund Act of 
     1965 (16 U.S.C. 460l-8) is amended--

[[Page S7449]]

       (1) in the second sentence of subsection (a), by inserting 
     ``(including facility rehabilitation, but excluding facility 
     maintenance)'' after ``(3) development''; and
       (2) by striking subsection (b) and inserting the following:
       ``(b) Apportionment Among the States.--
       ``(1) Definition of state.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     in this subsection, the term `State' means--
       ``(i) each of the States of the United States;
       ``(ii) the District of Columbia;
       ``(iii) the Commonwealth of Puerto Rico;
       ``(iv) the Commonwealth of the Northern Mariana Islands;
       ``(v) the United States Virgin Islands;
       ``(vi) Guam; and
       ``(vii) American Samoa.
       ``(B) Limitation.--For the purposes of paragraph (3), the 
     States referred to in clauses (iii) through (vii) of 
     subparagraph (A)--
       ``(i) shall be treated collectively as 1 State; and
       ``(ii) shall each receive an apportionment under that 
     paragraph based on the ratio that--

       ``(I) the population of the State; bears to
       ``(II) the population of all the States referred to in 
     clauses (iii) through (vii) of subparagraph (A).

       ``(2) Deduction for administrative expenses.--For each 
     fiscal year, the Secretary may deduct, for payment of 
     administrative expenses incurred by the Secretary in carrying 
     out this section, not more than 1 percent of the amounts made 
     available for financial assistance to States for the fiscal 
     year under this Act.
       ``(3) Apportionment.--
       ``(A) In general.--Not later than 60 days after the end of 
     the fiscal year, the Secretary shall apportion among the 
     States the amounts remaining after making the deduction under 
     paragraph (2).
       ``(B) Formula.--Subject to paragraph (5), of the amounts 
     described in subparagraph (A) for each fiscal year--
       ``(i) 60 percent shall be apportioned equally among the 
     States; and
       ``(ii) 40 percent shall be apportioned among the States 
     based on the ratio that--

       ``(I) the population of each State (as reported in the most 
     recent decennial census); bears to
       ``(II) the population of all of the States (as reported in 
     the most recent decennial census).

       ``(4) Limitation.--For any fiscal year, the total 
     apportionment to any 1 State under paragraph (3) shall not 
     exceed 10 percent of the total amount apportioned to all 
     States for the fiscal year.
       ``(5) State notification.--The Secretary shall notify each 
     State of the amount apportioned to the State under paragraph 
     (3).
       ``(6) Use of funds.--
       ``(A) In general.--Amounts apportioned to a State under 
     paragraph (3) may be used for planning, acquisition, or 
     development projects in accordance with this Act.
       ``(B) Limitation.--Amounts apportioned to a State under 
     paragraph (3) shall not be used for condemnation of land.
       ``(7) Reapportionment.--
       ``(A) In general.--Any portion of an apportionment to a 
     State under this subsection that has not been paid or 
     obligated by the Secretary by the end of the second fiscal 
     year that begins after the date on which notification is 
     provided to the State under paragraph (5) shall be 
     reapportioned by the Secretary in accordance with paragraph 
     (3).
       ``(B) Limitation.--A reapportionment under this paragraph 
     shall be made without regard to the limitation described in 
     paragraph (4).
       ``(8) Apportionment to indian tribes.--
       ``(A) Definition.--In this paragraph, the term `Indian 
     tribe'--
       ``(i) in the case of the State of Alaska, means a Native 
     corporation (as defined in section 3 of the Alaska Native 
     Claims Settlement Act (43 U.S.C. 1602)); and
       ``(ii) in the case of any other State, has the meaning 
     given the term in section 4 of the Indian Self-Determination 
     and Education Assistance Act (25 U.S.C. 450b).
       ``(B) Apportionment.--For the purposes of paragraph (3), 
     each Indian tribe shall be eligible to receive a share of the 
     amount available under paragraph (3) in accordance with a 
     competitive grant program established by the Secretary.
       ``(C) Total apportionment.--The total apportionment 
     available to Indian tribes under subparagraph (B) shall be 
     equal to the amount available to a single State under 
     paragraph (3).
       ``(D) Amount of grant.--For any fiscal year, the grant to 
     any 1 Indian tribe under this paragraph shall not exceed 10 
     percent of the total amount made available to Indian tribes 
     under paragraph (3).
       ``(E) Use of funds.--Funds received by an Indian tribe 
     under this paragraph may be used for the purposes specified 
     in paragraphs (1) and (3) of subsection (a).
       ``(9) Local allocation.--Unless the State demonstrates on 
     an annual basis to the satisfaction of the Secretary that 
     there is a compelling reason not to provide grants under this 
     paragraph, each State (other than the District of Columbia) 
     shall make available, as grants to political subdivisions of 
     the State, not less than 25 percent of the annual State 
     apportionment under this subsection, or an equivalent amount 
     made available from other sources.''.

     SEC. 302. STATE PLANNING.

       (a) In General.--Section 6 of the Land and Water 
     Conservation Fund Act of 1965 (16 U.S.C. 460l-8) is amended 
     by striking subsection (d) and inserting the following:
       ``(d) Selection Criteria; State Action Agenda.--
       ``(1) Selection criteria.--Each State may develop 
     priorities and criteria for selection of outdoor conservation 
     and recreation acquisition and development projects eligible 
     for grants under this Act, if--
       ``(A) the priorities and criteria developed by the State 
     are consistent with this Act;
       ``(B) the State provides for public participation in the 
     development of the priorities and criteria; and
       ``(C) the State develops a State action agenda (referred to 
     in this section as a `State action agenda') that includes the 
     priorities and criteria established under this paragraph.
       ``(2) State action agenda.--
       ``(A) In general.--Not later than 5 years after the date of 
     enactment of this subparagraph, the State, in partnership 
     with political subdivisions of the State and Federal agencies 
     and in consultation with the public, shall develop a State 
     action agenda.
       ``(B) Required elements.--A State action agenda shall--
       ``(i) include strategies to address broad-based and long-
     term needs while focusing on actions that can be funded 
     during the 5-year period covered by the State action agenda;
       ``(ii) take into account all providers of conservation and 
     recreation land in each State, including Federal, regional, 
     and local government resources;
       ``(iii) include the name of the State agency that will have 
     authority to represent and act for the State in dealing with 
     the Secretary for the purposes of this Act;
       ``(iv) describe the priorities and criteria for selection 
     of outdoor recreation and conservation acquisition and 
     development projects; and
       ``(v) include a certification by the Governor of the State 
     that ample opportunity for public participation has been 
     provided in the development of the State action agenda.
       ``(C) Update.--Each State action agenda shall be updated at 
     least once every 5 years.
       ``(D) Certification.--The Governor shall certify that the 
     public has participated in the development of the State 
     action agenda.
       ``(E) Coordination with other plans.--
       ``(i) In general.--The State action agenda shall be 
     coordinated, to the maximum extent practicable, with other 
     State, regional, and local plans for parks, recreation, open 
     space, fish and wildlife, and wetland and other habitat 
     conservation.
       ``(ii) Recovery action programs.--

       ``(I) In general.--The State shall use recovery action 
     programs developed by urban local governments under section 
     1007 of the Urban Park and Recreation Recovery Act of 1978 
     (16 U.S.C. 2506) as a guide to the conclusions, priorities, 
     and action schedules contained in the State action agenda.
       ``(II) Requirements for local planning.--To minimize the 
     redundancy of local outdoor conservation and recreation 
     efforts, each State shall provide that, to the maximum extent 
     practicable, the findings, priorities, and implementation 
     schedules of recovery action programs may be used to meet 
     requirements for local outdoor conservation and recreation 
     planning that are conditions for grants under the State 
     action agenda.

       ``(F) Comprehensive statewide outdoor recreation plan.--A 
     comprehensive statewide outdoor recreation plan developed by 
     a State before the date that is 5 years after the date of 
     enactment of this subparagraph shall remain in effect in the 
     State until a State action agenda is adopted under this 
     paragraph, but not later than 5 years after the date of 
     enactment of that Act.''.
       (b) Conforming Amendments.--
       (1) Section 6(e) of the Land and Water Conservation Fund 
     Act of 1965 (16 U.S.C. 460l-8(e)) is amended--
       (A) in the matter preceding paragraph (1), by inserting 
     ``or State action agenda'' after ``State comprehensive 
     plan''; and
       (B) in paragraph (1), by inserting ``or State action 
     agenda'' after ``comprehensive plan''.
       (2) Section 32(e) of the Bankhead-Jones Farm Tenant Act (7 
     U.S.C. 1011(e)) is amended in the last proviso of the first 
     paragraph by striking ``existing comprehensive statewide 
     outdoor recreation plan found adequate for purposes of the 
     Land and Water Conservation Fund Act of 1965 (78 Stat. 897)'' 
     and inserting ``comprehensive statewide outdoor recreation 
     plan or State action agenda required by section 6 of the Land 
     and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-8)''.
       (3) Section 102(a)(2) of the National Historic Preservation 
     Act (16 U.S.C. 470b(a)(2)) is amended by striking 
     ``comprehensive statewide outdoor recreation plan prepared 
     pursuant to the Land and Water Conservation Fund Act of 1965 
     (78 Stat. 897)'' and inserting ``comprehensive statewide 
     outdoor recreation plan or State action agenda required by 
     section 6 of the Land and Water Conservation Fund Act of 1965 
     (16 U.S.C. 460l-8)''.
       (4) Section 6(a) of the Federal Water Project Recreation 
     Act (16 U.S.C. 460l-17(a)) is amended by striking ``State 
     comprehensive plan developed pursuant to subsection 5(d) of 
     the Land and Water Conservation Fund Act of 1965 (78 Stat. 
     897)'' and inserting ``comprehensive statewide outdoor 
     recreation plan or State action agenda required

[[Page S7450]]

     by section 6 of the Land and Water Conservation Fund Act of 
     1965 (16 U.S.C. 460l-8)''.
       (5) Section 8(a) of the National Trails System Act (16 
     U.S.C. 1247(a)) is amended in the first sentence--
       (A) by inserting ``or State action agendas'' after 
     ``comprehensive statewide outdoor recreation plans''; and
       (B) by inserting ``of 1965 (16 U.S.C. 460l-4 et seq.)'' 
     after ``Fund Act''.
       (6) Section 11(a)(2) of the National Trails System Act (16 
     U.S.C. 1250(a)(2)) is amended by striking ``(relating to the 
     development of Statewide Comprehensive Outdoor Recreation 
     Plans)'' and inserting ``(16 U.S.C. 460l-8)''.
       (7) Section 11 of the Wild and Scenic Rivers Act (16 U.S.C. 
     1282) is amended--
       (A) in subsection (a)--
       (i) by inserting ``or State action agendas'' after 
     ``comprehensive statewide outdoor recreation plans''; and
       (ii) by striking ``(78 Stat. 897)'' and inserting ``(16 
     U.S.C. 460l-4 et seq.)''; and
       (B) in subsection (b)(2)(B), by striking ``(relating to the 
     development of statewide comprehensive outdoor recreation 
     plans)'' and inserting ``(16 U.S.C. 460l-8)''.
       (8) Section 206(d) of title 23, United States Code, is 
     amended--
       (A) in paragraph (1)(B), by striking ``statewide 
     comprehensive outdoor recreation plan required by the Land 
     and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-4 et 
     seq.)'' and inserting ``comprehensive statewide outdoor 
     recreation plan or State action agenda required by section 6 
     of the Land and Water Conservation Fund Act of 1965 (16 
     U.S.C. 460l-8)''; and
       (B) in paragraph (2)(D)(ii), by striking ``statewide 
     comprehensive outdoor recreation plan that is required by the 
     Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-
     4 et seq.)'' and inserting ``comprehensive statewide outdoor 
     recreation plan or State action agenda that is required by 
     section 6 of the Land and Water Conservation Fund Act of 1965 
     (16 U.S.C. 460l-8)''.
       (9) Section 202(c)(9) of the Federal Land Policy and 
     Management Act of 1976 (43 U.S.C. 1712(c)(9)) is amended by 
     striking ``statewide outdoor recreation plans developed under 
     the Act of September 3, 1964 (78 Stat. 897), as amended'' and 
     inserting ``comprehensive statewide outdoor recreation plans 
     or State action agendas required by section 6 of the Land and 
     Water Conservation Fund Act of 1965 (16 U.S.C. 460l-8)''.

     SEC. 303. ASSISTANCE TO STATES FOR OTHER PROJECTS.

       Section 6(e) of the Land and Water Conservation Fund Act of 
     1965 (16 U.S.C. 460l-8(e)) is amended--
       (1) in paragraph (1), by striking ``, but not including 
     incidental costs relating to acquisition''; and
       (2) in paragraph (2), by inserting before the colon the 
     following: ``or to enhance public safety in a designated park 
     or recreation area''.

     SEC. 304. CONVERSION OF PROPERTY TO OTHER USE.

       Section 6(f)(3) of the Land and Water Conservation Fund Act 
     of 1965 (16 U.S.C. 460l-8(f)(3)) is amended--
       (1) by striking ``(3) No property'' and inserting the 
     following:
       ``(3) Conversion of property to other use.--
       ``(A) In general.--No property''; and
       (2) by striking the second sentence and inserting the 
     following:
       ``(B) Requirements for approval.--The Secretary shall 
     approve a conversion under subparagraph (A) if--
       ``(i) the State demonstrates that there is no other prudent 
     or feasible alternative;
       ``(ii) the property no longer meets the criteria in the 
     comprehensive statewide outdoor recreation plan or State 
     action agenda for an outdoor conservation and recreation 
     facility because of changes in demographics; or
       ``(iii) the property must be abandoned because of 
     environmental contamination that endangers public health or 
     safety.
       ``(C) Conditions.--A conversion under subparagraph (A) 
     shall satisfy any conditions that the Secretary determines to 
     be necessary to ensure the substitution of other conservation 
     or recreation property that is--
       ``(i) of at least equal fair market value;
       ``(ii) of reasonably equivalent usefulness and location; 
     and
       ``(iii) consistent with the comprehensive statewide outdoor 
     recreation plan or State action agenda.''.

     SEC. 305. WATER RIGHTS.

       Title I of the Land and Water Conservation Fund Act of 1965 
     (16 U.S.C. 460l-4 et seq.) is amended by adding at the end 
     the following:

     ``SEC. 14. WATER RIGHTS.

       ``Nothing in this title--
       ``(1) invalidates, preempts, or modifies any Federal or 
     State water law or an interstate compact relating to water, 
     including water quality and disposal;
       ``(2) alters the rights of any State to an appropriated 
     share of the water of any body of surface water or 
     groundwater, as established by interstate compacts entered 
     into, legislation enacted, or final judicial allocations 
     adjudicated before, on, or after the date of enactment of 
     this Act; or
       ``(3) confers on any non-Federal entity the ability to 
     exercise any Federal right to the waters of any stream or to 
     any ground water resource.''.

           TITLE IV--CONSERVATION AND RESTORATION OF WILDLIFE

     SEC. 401. PURPOSES.

       The purposes of this title are--
       (1) to ensure adequate funding of the program established 
     under the amendments to the Pittman-Robertson Wildlife 
     Restoration Act (16 U.S.C. 669 et seq.) enacted by title IX 
     of H.R. 5548 of the 106th Congress, as enacted by section 
     1(a)(2) of Public Law 106-553 (114 Stat. 2762, 2762A-118); 
     and
       (2) to ensure the conservation and sustainability of fish 
     and wildlife to provide and promote greater hunting, angling, 
     and wildlife viewing opportunities.

     SEC. 402. DEFINITIONS.

       Section 2 of the Pittman-Robertson Wildlife Restoration Act 
     (16 U.S.C. 669a) is amended--
       (1) by redesignating paragraphs (1), (2), (3), (4), (5), 
     (6), (7), and (8) as paragraphs (2), (4), (5), (6), (7), (8), 
     (9), and (10), respectively;
       (2) by inserting before paragraph (2) (as redesignated by 
     paragraph (1)) the following:
       ``(1) Account.--The term `Account' means the Wildlife 
     Conservation and Restoration Account established by section 
     3(a)(2).'';
       (3) by inserting after paragraph (2) (as redesignated by 
     paragraph (1)) the following:
       ``(3) Indian tribe.--The term `Indian tribe'--
       ``(A) in the case of the State of Alaska, means a Native 
     corporation (as defined in section 3 of the Alaska Native 
     Claims Settlement Act (43 U.S.C. 1602)); and
       ``(B) in the case of any other State, has the meaning given 
     the term in section 4 of the Indian Self-Determination and 
     Education Assistance Act (25 U.S.C. 450b).'';
       (4) in paragraph (6) (as redesignated by paragraph (1)), by 
     striking ``including fish'' and inserting ``(including, for 
     purposes of section 4(d), fish)''; and
       (5) in paragraph (10) (as redesignated by paragraph (1)), 
     by striking ``includes the wildlife conservation and 
     restoration program and''.

     SEC. 403. WILDLIFE CONSERVATION AND RESTORATION ACCOUNT.

       Section 3 of the Pittman-Robertson Wildlife Restoration Act 
     (16 U.S.C. 669b) is amended--
       (1) by striking ``Sec. 3. (a)(1) An'' and inserting the 
     following:

     ``SEC. 3. FEDERAL AID TO WILDLIFE RESTORATION FUND.

       ``(a) In General.--
       ``(1) Federal aid to wildlife restoration fund.--An''; and
       (2) in subsection (a)--
       (A) in paragraph (1), by striking ``Federal aid to wildlife 
     restoration fund'' and inserting ``Federal Aid to Wildlife 
     Restoration Fund''; and
       (B) by striking paragraph (2) and inserting the following:
       ``(2) Wildlife conservation and restoration account.--
       ``(A) Establishment.--There is established in the fund a 
     subaccount to be known as the `Wildlife Conservation and 
     Restoration Account'.
       ``(B) Funding.--Amounts transferred to the fund for a 
     fiscal year under section 9(b)(3) of the Outer Continental 
     Shelf Lands Act--
       ``(i) shall be deposited in the Account; and
       ``(ii) shall be available, without further appropriation, 
     to carry out State wildlife conservation and restoration 
     programs under section 4(d).''.

     SEC. 404. APPORTIONMENT TO INDIAN TRIBES.

       (a) In General.--Section 4 of the Pittman-Robertson 
     Wildlife Restoration Act (16 U.S.C. 669c) is amended--
       (1) by redesignating the first subsection (c) as subsection 
     (e); and
       (2) in subsection (c), by striking paragraph (1) and 
     inserting the following:
       ``(1) Apportionment to district of columbia, puerto rico, 
     territories, and indian tribes.--
       ``(A) In general.--Subject to subparagraph (B), for each 
     fiscal year, the Secretary shall apportion from amounts 
     available in the Account for the fiscal year--
       ``(i) to each of the District of Columbia and the 
     Commonwealth of Puerto Rico, an amount equal to not more than 
     \1/2\ of 1 percent of amounts available in the Account;
       ``(ii) to each of Guam, American Samoa, the Commonwealth of 
     the Northern Mariana Islands, and the United States Virgin 
     Islands, a sum equal to not more than \1/4\ of 1 percent of 
     amounts available in the Account; and
       ``(iii) to Indian tribes, an amount equal to not more than 
     2\1/4\ percent of amounts available in the Account, of 
     which--

       ``(I) \1/3\ shall be apportioned based on the ratio that 
     the trust land area of each Indian tribe bears to the total 
     trust land area of all Indian tribes; and
       ``(II) \2/3\ shall be apportioned based on the ratio that 
     the population of each Indian tribe bears to the total 
     population of all Indian tribes.

       ``(B) Maximum apportionment to indian tribes.--For each 
     fiscal year, the amounts apportioned under subparagraph 
     (A)(iii) shall be adjusted proportionately so that no Indian 
     tribe is apportioned a sum that is more than 5 percent of the 
     amount available for apportionment under subparagraph 
     (A)(iii) for the fiscal year.''.
       (b) Conforming Amendments.--
       (1) Section 3(c)(2) of the Pittman-Robertson Wildlife 
     Restoration Act (16 U.S.C. 669b(c)(2)) is amended by striking 
     ``sections 4(d) and (e) of this Act'' and inserting 
     ``subsection (c) and (d) of section 4''.
       (2) Section 4(b) of the Pittman-Robertson Wildlife 
     Restoration Act (16 U.S.C. 669c(b)) is

[[Page S7451]]

     amended by striking ``subsection (c)'' and inserting 
     ``subsection (e)''.
       (3) Section 4(d) of the Pittman-Robertson Wildlife 
     Restoration Act (16 U.S.C. 669c(d)) is amended--
       (A) in paragraph (1)--
       (i) in subparagraph (A), by redesignating clauses (i), 
     (ii), and (iii) as subclauses (I), (II), and (III), 
     respectively, and indenting the subclauses appropriately;
       (ii) by redesignating subparagraphs (A), (B), and (C) as 
     clauses (i), (ii), and (iii), respectively, and indenting the 
     clauses appropriately;
       (iii) by striking ``(1) Any State'' and inserting the 
     following:
       ``(1) Requirements.--
       ``(A) In general.--Any State'';
       (iv) by striking ``To apply'' and inserting the following:
       ``(B) Plan.--To apply'';
       (v) in subparagraph (A) (as designated by clause (iii))--

       (I) by inserting ``or Indian tribe'' before ``may apply''; 
     and
       (II) by striking ``develop a program'' and inserting the 
     following: ``develop a program for the conservation and 
     restoration of species of wildlife identified by the State'';

       (vi) in subparagraph (B) (as designated by clause (iv))--

       (I) in the matter preceding clause (i) (as redesignated by 
     clause (ii)), by inserting ``or Indian tribe'' before ``shall 
     submit''; and
       (II) in clause (i) (as redesignated by clause (ii)), by 
     inserting ``or Indian tribe'' after ``State'';

       (vii) by redesignating subparagraph (D) as subparagraph 
     (C); and
       (viii) in subparagraph (C) (as redesignated by clause 
     (vii))--

       (I) in the matter preceding clause (i), by inserting ``a 
     State or Indian tribe shall'' before ``develop and begin'';
       (II) in clause (i), by inserting ``or Indian tribe'' before 
     ``deems appropriate'';
       (III) in clauses (ii), (iii), (iv), and (vii), by striking 
     ``paragraph (1)'' and inserting ``subparagraph (A)'';
       (IV) in clause (vi)--

       (aa) by striking ``State wildlife conservation strategy'' 
     and inserting ``wildlife conservation strategy of the State 
     or Indian tribe''; and
       (bb) by striking the semicolon at the end and inserting ``; 
     and''; and

       (V) in clause (vii), by inserting ``by'' after 
     ``feasible'';

       (B) in paragraph (2), by inserting ``or Indian tribe'' 
     after ``State'';
       (C) in paragraph (3), by inserting ``or Indian tribe'' 
     after ``State'' each place it appears; and
       (D) in paragraph (4)--
       (i) in subparagraph (A), by striking ``State's wildlife 
     conservation and restoration program'' each place it appears 
     and inserting ``wildlife conservation and restoration program 
     of a State or Indian tribe''; and
       (ii) in subparagraph (B)--

       (I) by inserting ``or Indian tribe'' after ``each State''; 
     and
       (II) by striking ``State's wildlife conservation and 
     restoration program'' and inserting ``wildlife conservation 
     and restoration program of a State or Indian tribe''.

       (4) Section 8(b) of the Pittman-Robertson Wildlife 
     Restoration Act (16 U.S.C. 669g(b)) is amended by striking 
     ``section 4(c)'' and inserting ``section 4(e)''.
       (5) Section 10 of the Pittman-Robertson Wildlife 
     Restoration Act (16 U.S.C. 669h-1) is amended--
       (A) in subsection (a)(1)--
       (i) in subparagraph (A), by inserting ``or obligated'' 
     after ``used''; and
       (ii) in subparagraph (B), by inserting ``or obligated'' 
     after ``used''; and
       (B) by striking ``section 4(c)'' each place it appears and 
     inserting ``section 4(e)''

     SEC. 405. NO EFFECT ON PRIOR APPROPRIATIONS.

       Nothing in this title or any amendment made by this title 
     applies to or otherwise affects the availability or use of 
     any amounts appropriated before the date of enactment of this 
     Act.

          TITLE V--URBAN PARK AND RECREATION RECOVERY PROGRAM

     SEC. 501. EXPANSION OF PURPOSE OF URBAN PARK AND RECREATION 
                   RECOVERY ACT OF 1978 TO INCLUDE DEVELOPMENT OF 
                   NEW AREAS AND FACILITIES.

       Section 1003 of the Urban Park and Recreation Recovery Act 
     of 1978 (16 U.S.C. 2502) is amended in the first sentence by 
     striking ``recreation areas, facilities,'' and inserting 
     ``recreation areas and facilities, the development of new 
     recreation areas and facilities (including acquisition of 
     land for that development),'' .

     SEC. 502. DEFINITIONS.

       Section 1004 of the Urban Park and Recreation Recovery Act 
     of 1978 (16 U.S.C. 2503) is amended--
       (1) by striking ``When used in this title the term--'' and 
     inserting ``In this title:'';
       (2) by redesignating paragraphs (1), (2), and (3) of 
     subsection (d) as subparagraphs (A), (B), and (C), 
     respectively, and indenting appropriately;
       (3) by redesignating subsections (a), (b), (c), (d), (e), 
     (f), (g), (h), (i), (j), and (k) as paragraphs (9), (10), 
     (4), (1), (8), (6), (3), (12), (7), (13), and (5), 
     respectively, and moving the paragraphs to appear in 
     numerical order;
       (4) in each of paragraphs (1), (3), (4), (5), (6), (7), 
     (8), (9), (10), (12), and (13) (as redesignated by paragraph 
     (3))--
       (A)(i) by inserting ``_____.--The term'' before the first 
     quotation mark; and
       (ii) by inserting in the blank the term that is in 
     quotations in each paragraph, respectively; and
       (B) by capitalizing the first letter of the term as 
     inserted in the blank under subparagraph (A)(ii);
       (5) in each of paragraphs (1), (3), (4), (6), (7), (8), 
     (9), (10), and (12) (as redesignated by paragraph (3)), by 
     striking the semicolon at the end and inserting a period;
       (6) in paragraph (13) (as redesignated by paragraph (3)), 
     by striking ``; and'' at the end and inserting a period;
       (7) by inserting after paragraph (1) (as redesignated by 
     paragraph (3)) the following:
       ``(2) Development grant.--
       ``(A) In general.--The term `development grant' means a 
     matching capital grant made to a unit of local government to 
     cover costs of development, land acquisition, and 
     construction at 1 or more existing or new neighborhood 
     recreation sites (including indoor and outdoor recreational 
     areas and facilities, support facilities, and landscaping).
       ``(B) Exclusions.--The term `development grant' does not 
     include a grant made to pay the costs of routine maintenance 
     or upkeep activities.'';
       (8) in paragraph (5) (as redesignated by paragraph (3)), by 
     inserting ``the Commonwealth of'' before ``Northern Mariana 
     Islands''; and
       (9) by inserting after paragraph (10) (as redesignated by 
     paragraph (3)) the following:
       ``(11) Secretary.--The term `Secretary' means the Secretary 
     of the Interior.''.

     SEC. 503. ELIGIBILITY.

       Section 1005 of the Urban Park and Recreation Recovery Act 
     of 1978 (16 U.S.C. 2504) is amended by striking subsection 
     (a) and inserting the following:
       ``(a) Eligibility for Assistance.--
       ``(1) Definition of general purpose local government.--For 
     the purpose of determining eligibility for assistance under 
     this title, the term `general purpose local government' 
     includes--
       ``(A) any political subdivision of a metropolitan, primary, 
     or consolidated statistical area, as determined by the most 
     recent decennial census;
       ``(B) any other city, town, or group of 1 or more cities or 
     towns within a metropolitan statistical area described in 
     subparagraph (A) that has a total population of at least 
     50,000, as determined by the most recent decennial census; 
     and
       ``(C) any other county, parish, or township with a total 
     population of at least 250,000, as determined by the most 
     recent decennial census.
       ``(2) Selection.--The Secretary shall award assistance to 
     general purpose local governments under this title on the 
     basis of need, as determined by the Secretary.''.

     SEC. 504. GRANTS.

       Section 1006(a) of the Urban Park and Recreation Recovery 
     Act of 1978 (16 U.S.C. 2505(a)) is amended--
       (1) in the first sentence, by striking ``rehabilitation and 
     innovative'';
       (2) in paragraph (1), by striking ``rehabilitation and 
     innovation''; and
       (3) in paragraph (2), by striking ``rehabilitation or 
     innovative''.

     SEC. 505. RECOVERY ACTION PROGRAMS.

       Section 1007(a) of the Urban Park and Recreation Recovery 
     Act of 1978 (16 U.S.C. 2506(a)) is amended--
       (1) in the first sentence, by inserting ``development,'' 
     after ``commitments to ongoing planning,''; and
       (2) in paragraph (2), by inserting ``development and'' 
     after ``adequate planning for''.

     SEC. 506. STATE ACTION INCENTIVES.

       Section 1008 of the Urban Park and Recreation Recovery Act 
     of 1978 (16 U.S.C. 2507) is amended--
       (1) in the first sentence, by inserting ``(a) In general.--
     '' before ``The Secretary is authorized''; and
       (2) by striking the last sentence of subsection (a) (as 
     designated by paragraph (1)) and inserting the following:
       ``(b) Coordination With Land and Water Conservation Fund 
     Activities.--
       ``(1) In general.--The Secretary and general purpose local 
     governments are encouraged to coordinate the preparation of 
     recovery action programs required by this title with 
     comprehensive statewide outdoor recreation plans or State 
     action agendas required by section 6 of the Land and Water 
     Conservation Fund Act of 1965 (16 U.S.C. 460l-8) (including 
     by allowing flexibility in preparation of recovery action 
     programs so that those programs may be used to meet State and 
     local qualifications for local receipt of grants under that 
     Act or State grants for similar purposes or for other 
     conservation or recreation purposes).
       ``(2) Considerations.--The Secretary shall encourage States 
     to consider the findings, priorities, strategies, and 
     schedules included in the recovery action programs of the 
     urban localities of the States in preparation and updating of 
     comprehensive statewide outdoor recreation plans or State 
     action agendas in accordance with the public participation 
     and citizen consultation requirements of section 6(d) of the 
     Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-
     8(d)).''.

     SEC. 507. CONVERSION OF RECREATION PROPERTY.

       Section 1010 of the Urban Park and Recreation Recovery Act 
     of 1978 (16 U.S.C. 2509) is amended to read as follows:

[[Page S7452]]

     ``SEC. 1010. CONVERSION OF RECREATION PROPERTY.

       ``(a) In General.--Except as provided in subsection (b), no 
     property developed, acquired, improved, or rehabilitated 
     using funds from a grant under this title shall, without the 
     approval of the Secretary, be converted to any purpose other 
     than a public recreation purpose.
       ``(b) Approval.--
       ``(1) In general.--The Secretary shall approve the 
     conversion of property under subsection (a) to a purpose 
     other than a public recreation purpose only if the grant 
     recipient demonstrates that no prudent or feasible 
     alternative exists.
       ``(2) Applicability.--Paragraph (1) applies to property 
     that--
       ``(A) is no longer viable for use as a recreation facility 
     because of changes in demographics; or
       ``(B) must be abandoned because of environmental 
     contamination or any other condition that endangers public 
     health or safety.
       ``(c) Conditions.--Any conversion of property under this 
     section shall satisfy such conditions as the Secretary 
     considers necessary to ensure the substitution for the 
     property of other recreation property that is--
       ``(1) at a minimum, equivalent in fair market value, 
     usefulness, and location; and
       ``(2) subject to the recreation recovery action program of 
     the grant recipient that is in effect as of the date of the 
     conversion of the property.''.

     SEC. 508. TREATMENT OF TRANSFERRED AMOUNTS.

       Section 1013 of the Urban Park and Recreation Recovery Act 
     of 1978 (16 U.S.C. 2512) is amended to read as follows:

     ``SEC. 1013. FUNDING.

       ``(a) Treatment of Amounts Transferred From Get Outdoors 
     Act Fund.--
       ``(1) In general.--Amounts transferred to the Secretary 
     under section 9(b)(4) of the Outer Continental Shelf Lands 
     Act (43 U.S.C. 1338(b)(4)) for a fiscal year shall be 
     available to the Secretary, without further appropriation, to 
     carry out this title.
       ``(2) Unpaid and unobligated amounts.--Any amount described 
     in paragraph (1) that is not paid or obligated by the 
     Secretary before the end of the second fiscal year beginning 
     after the first fiscal year in which the amount is made 
     available under paragraph (1) shall be reapportioned by the 
     Secretary among grant recipients under this title.
       ``(b) Deduction for Administrative Expenses.--For each 
     fiscal year, the Secretary may deduct, for payment of 
     administrative expenses incurred by the Secretary in carrying 
     out this section, not more than 4 percent of the amounts made 
     available to the Secretary for the fiscal year under 
     subsection (a).
       ``(c) Limitations on Annual Grants.--After making the 
     deduction under subsection (b), of the amounts made available 
     for a fiscal year under subsection (a)--
       ``(1) not more than 10 percent may be used for innovation 
     grants under section 1006;
       ``(2) not more than 3 percent may be used for grants for 
     the development of local park and recreation recovery action 
     programs under subsections (a) and (c) of section 1007; and
       ``(3) not more than 15 percent, in the aggregate, may be 
     provided in the form of grants for projects in any 1 State.
       ``(d) Limitation on Use for Grant Administration.--The 
     Secretary shall establish a limit on the percentage, not to 
     exceed 25 percent, of any grant under this title that may be 
     used for grant and program administration.''.

     SEC. 509. REPEAL.

       Sections 1014 and 1015 of the Urban Park and Recreation 
     Recovery Act of 1978 (16 U.S.C. 2513, 2514) are repealed.

  Ms. LANDRIEU. Mr. President, I am pleased to join my colleague 
Senator Alexander as we introduce this very significant conservation 
legislation. The junior Senator from Tennessee has been a long-time 
effective advocate for the environment and for conservation, not only 
in his own State of Tennessee but for our Nation.
  The legislation we introduce today is a new, enhanced version of a 
piece of legislation that was introduced several years ago. We believe 
it is a very promising approach to launch one of the most significant 
conservation efforts ever considered by Congress. The American Outdoors 
Act is a landmark multiyear commitment to conservation programs 
directly benefiting all 50 States and hundreds of local communities. It 
creates a conservation royalty derived from the production of oil and 
gas on the Outer Continental Shelf and directs it toward the 
restoration of coastal wetlands, preservation of wildlife habitat, and 
it helps build and maintain local and State parks for our children, our 
children's children, for generations to come.
  By enacting this legislation, we will make the most significant 
commitment of Federal resources to conservation ever and ensure a 
positive legacy of protecting and enhancing critical wildlife habitat, 
estuaries, marshlands, mountain ranges, open green spaces, and expanded 
recreational opportunity for Americans today and generations to come. 
The legislation builds on a great and notable effort made during the 
106th Congress that was supported by Governors, mayors, and a coalition 
of over 5,000 organizations throughout the country. Unfortunately, 
despite our bipartisan and very deep and widespread support, our 
efforts were cut short before a final bill could be signed into law. 
Instead, a commitment was made by those who opposed the legislation 
last time to guarantee funding for these programs. And unfortunately, 
we all know the story and the outcome of those promises.
  As we have painfully witnessed since then, these programs have not 
only been reduced, some of them have been eliminated completely, and 
are terribly underfunded in terms of the critical needs that are 
presented to us today.
  What has happened is exactly what those of us who initiated the 
effort always anticipated. Each of these significant programs has been 
shortchanged and a number of them have been left out altogether or 
forced to compete with each other for Federal resources.
  The legislation we are introducing today provides reliable, 
significant, and steady funding for the urgent and worthy conservation 
and outdoor recreation needs of our states and rapidly growing urban 
areas. What makes more sense than to take a portion of revenues from a 
depleting capital asset of the Nation--offshore Federal oil and gas 
resources--and reinvest them into sustaining the natural resources of 
our Nation: wetlands; parks and recreation areas and wildlife.
  The Americans Outdoors Act dedicates assured funding for four 
distinct programs and honors promises made long ago to the American 
people. The four programs include:
  Coastal impact assistance--$500 million to oil and gas producing 
coastal States to mitigate the various impacts of States that serve as 
the ``platform'' for the crucial development of Federal offshore energy 
resources from the Outer Continental Shelf as well as provide for 
wetland restoration. This program merely acknowledges the impacts to 
and contribution of States that are providing the energy to run our 
country's economy. The Outer Continental Shelf supplies 25 percent of 
our Nation's oil consumption, more than any other country including 
Saudi Arabia, with the promise of more, expected to reach 40 percent by 
2008. Since this frontier was officially opened to significant oil and 
gas exploration in 1953, no single region has contributed as much to 
the nation's energy production as the OCS. The OCS accounts for more 
than 25 percent of our Nation's natural gas and oil production. With 
annual returns to the Federal Government averaging $5 billion annually, 
no single area has contributed as much to the Federal Treasury as the 
OCS. In fact, since 1953, the OCS has contributed $140 billion to the 
U.S. Treasury. Allocation to States would be based on their proximity 
to production. Thirty-five percent of the State's allocation would be 
shared with coastal political subdivisions based on a formula of 50 
percent proximity to production, 25 percent miles of coastline and 25 
percent coastal population;
  $450 million for the State side of the Land and Water Conservation 
Fund, LWC, to provide stable funding to States for the planning and 
development of State and local parks and recreation facilities. The 
allocation to States would be 60 percent equally among all 50 States 
and 40 percent based on relative population. This program provides 
greater revenue certainty for State and local governments to help them 
meet their recreational needs through recreational facility development 
and resource protection--all under the discretion of State and local 
authorities while protecting the rights of private property owners;
  Wildlife conservation, education and restoration--$350 million is 
allocated to all 50 States through the successful program of Pittman-
Robertson for the conservation of nongame and game species, with the 
principal goal of preventing species from becoming endangered or listed 
under the Endangered Species Act. By taking steps now to prevent 
species from becoming endangered we are able to not only conserve the 
significant cultural heritage of wildlife enjoyment for the people of

[[Page S7453]]

this country, but also avoid the substantial costs associated with 
recovery for endangered species. Allocations to States would be based 
on a formula of \2/3\ relative population and \1/3\ relative land area; 
and
  The Urban Parks and Recreation Recovery Program, UPARR--$125 million 
in the form of matching grants, 70 percent to provide direct assistance 
to our cities and towns so that they can focus on the needs of their 
populations within the more densely inhabited areas around the country 
where there are fewer green-spaces, playgrounds and soccer fields for 
our youth.
  I would also like to acknowledge our interest in several programs 
that are not part of this initial package but will be considered as the 
bill moves through the process. For example, the Federal side of the 
Land and Water Conservation Fund which focuses primarily on Federal 
land acquisition. The goal of the Federal side of the LWCF was to share 
a significant portion of revenues from offshore development with States 
to provide for protection and public use of the natural environment. It 
is our intention to discuss this program with our colleagues on the 
Senate Energy and Natural Resources Committee with the goal of 
developing a compromise that will garner broad support. In addition, 
other worthy programs that are not part of the legislation we are 
introducing today but ideally would be part of a larger more 
comprehensive effort include Historic Preservation, Payment in Lieu of 
Taxes, PILT, and the Forest Legacy program.
  While we confront a time of war, budget deficits and a struggling 
economy, setting aside a portion of oil and gas royalties to our states 
and localities for initiatives such as outdoor spaces or recreation 
facilities for our children to play could not be more crucial. Programs 
such as the State side of the Land and Water Conservation Fund are in 
fact the economic stimulus that our States and cities need in these 
times. The time has come to take the proceeds from a non-renewable 
resource for the purpose of reinvesting a portion of these revenues in 
the conservation and enhancement of our renewable resources. To 
continue to do otherwise, as we have over the last 50 years, is 
fiscally irresponsible.
  As I said, the legislation we introduce today, therefore, provides a 
reliable, significant, and steady stream of funding that cannot be 
manipulated or tampered with at the whim of this or that, but will be 
there for conservation efforts that our local communities and States 
can count on to provide this great legacy and heritage for our 
grandchildren.
  What makes more sense than taking a portion of the offshore oil and 
gas revenues that have generated almost $130 billion since the first 
well was drilled off of our shore on the Continental Shelf almost 100 
years ago? What would make more sense than taking a small portion of 
that money and giving it back to the environment, back to our mountain 
ranges, to our marshes, to our coastal areas, protecting and preserving 
our great land for generations to come? The American Outdoors Act does 
exactly that.
  It dedicates and assures funding for four distinct programs: Coastal 
impact assistance, of which Louisiana and other coastal States would 
benefit. Of course, we are proud to serve as oil and gas producers, 
helping us secure our energy independence from foreign sources, 
providing much critical feedstock, if you will, for our energy industry 
in the State, and expanding our economic opportunities. Because we 
produce so much oil and gas, we would deserve help with our vanishing 
coastline.
  In addition, the other segment of this bill would fund the Land and 
Water Conservation Fund State side. As the Senator from Tennessee 
noted, he and I are firmly committed to also providing support and full 
funding for the Federal side of land and water, as this bill moves 
through the process.
  Wildlife conservation, education, and restoration would be fully 
funded. That helps all of our States. The Urban Parks and Recreation 
Program, which has been so critical for quality-of-life issues and 
economic development in our cities, in our suburbs, our urban centers, 
would also be funded.
  Time is not on our side. While other issues might be able to wait and 
other issues could maybe be funded gradually over time, for every month 
we delay, for every year we delay, we lose acres and acres, miles and 
miles of land we will never be able to recover.
  Louisiana itself is literally washing away. We have lost the size of 
the State of Rhode Island off our coast in the last 100 years. If some 
foreign country attacked our country and tried to take a portion of 
land away from us, we would fight with every strength and every tool 
and every resource available. But we stand here literally in some ways 
twiddling our thumbs while this land is washed away into the Gulf of 
Mexico. And not just any land but very productive land and very 
necessary land, not just for Louisiana but for the entire United 
States.
  I close with a quote from Teddy Roosevelt because it is appropriate. 
He was a great conservation President. Over 100 years ago he started 
many programs. I love taking my children to Theodore Roosevelt Island. 
We ride our bikes over there. I love telling them the story of Teddy 
Roosevelt.
  I explain many stories about what he did, hunting in Louisiana, the 
history of the black bear, et cetera.
  In his autobiography he wrote of his experiences in Coastal 
Louisiana:

       And to lose the chance to see frigate birds soaring in 
     circles above the storm or, a file of pelicans winging their 
     way homeward across the crimson afterglow of the sunset, or a 
     myriad of terns flashing in the bright light of midday as 
     they hover in a shifting maze above the beach, why, the loss 
     is like the loss of a gallery of masterpieces of the artists 
     of old time.

  This is what he said when he recalled his trip to Breton Island 
Sound, the second of over 540 national wildlife heritage areas 
designated in the last 100 years. The land in this picture is gone. It 
no longer exists because we have twiddled our thumbs for almost 100 
years.
  Today we introduce a bill to stop us from twiddling our thumbs, 
direct our resources, get serious about conservation, serious about the 
taxpayer money, and do something with it that the overwhelming majority 
of the taxpayers would stand up and cheer, if they had the chance to 
vote on it.
  I thank the Chair. It will be a pleasure working with the Senator 
from Tennessee as we lead this great effort.
                                 ______