[Congressional Record (Bound Edition), Volume 146 (2000), Part 5]
[House]
[Pages 6832-6841]
[From the U.S. Government Publishing Office, www.gpo.gov]



                               AMENDMENTS

  Under clause 8 of rule XVIII, proposed amendments were submitted as 
follows:

                                H.R. 701

                    Offered By: Mr. Young of Alaska

       Amendment No. 1: Strike all after the enacting clause and 
     insert the following:

[[Page 6833]]



     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. Budgetary treatment of receipts and disbursements.
Sec. 8. Recordkeeping requirements.
Sec. 9. Maintenance of effort and matching funding.
Sec. 10. Sunset.
Sec. 11. Protection of private property rights.
Sec. 12. Signs.

          TITLE I--IMPACT ASSISTANCE AND COASTAL CONSERVATION

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

       TITLE II--LAND AND WATER CONSERVATION FUND REVITALIZATION

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

            TITLE III--WILDLIFE CONSERVATION AND RESTORATION

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

    TITLE IV--URBAN PARK AND RECREATION RECOVERY PROGRAM AMENDMENTS

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

                  TITLE V--HISTORIC PRESERVATION FUND

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

             TITLE VI--FEDERAL AND INDIAN LANDS RESTORATION

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

 TITLE VII--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.

         Subtitle B--Endangered and Threatened Species Recovery

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

     SEC. 3. DEFINITIONS.

       For purposes of this Act:
       (1) The term ``coastal population'' means the population of 
     all political subdivisions, as determined by the most recent 
     official data of the Census Bureau, contained in whole or in 
     part within the designated coastal boundary of a State as 
     defined in a State's coastal zone management program under 
     the Coastal Zone Management Act (16 U.S.C. 1451 and 
     following).
       (2) The term ``coastal political subdivision'' means a 
     political subdivision of a coastal State all or part of which 
     political subdivision is within the coastal zone (as defined 
     in section 304 of the Coastal Zone Management Act (16 U.S.C. 
     1453)).
       (3) The term ``coastal State'' has the same meaning as 
     provided by section 304 of the Coastal Zone Management Act 
     (16 U.S.C. 1453)).
       (4) The term ``coastline'' has the same meaning that it has 
     in the Submerged Lands Act (43 U.S.C. 1301 and following).
       (5) The term ``distance'' means minimum great circle 
     distance, measured in statute miles.
       (6) The term ``fiscal year'' means the Federal Government's 
     accounting period which begins on October 1st and ends on 
     September 30th, and is designated by the calendar year in 
     which it ends.
       (7) The term ``Governor'' means the highest elected 
     official of a State or of any other political entity that is 
     defined as, or treated as, a State under the Land and Water 
     Conservation Fund Act of 1965 (16 U.S.C. 460l-4 and 
     following), the Act of September 2, 1937 (16 U.S.C. 669 and 
     following), commonly referred to as the Federal Aid in 
     Wildlife Restoration Act or the Pittman-Robertson Act, the 
     Urban Park and Recreation Recovery Act of 1978 (16 U.S.C. 
     2501 and following), the National Historic Preservation Act 
     (16 U.S.C. 470h and following), or the Federal Agriculture 
     Improvement and Reform Act of 1996 (Public Law 104-127; 16 
     U.S.C. 3830 note).
       (8) The term ``leased tract'' means a tract, leased under 
     section 6 or 8 of the Outer Continental Shelf Lands Act (43 
     U.S.C. 1335, 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.

[[Page 6834]]

       (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 develop 
     and implement Endangered and Threatened Species Recovery 
     Agreements under 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 (8) 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 (including interest), and in any fund or 
     account to which moneys are transferred pursuant to 
     subsection (b) of this section, 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. Such invested moneys shall remain 
     invested until needed to meet requirements for disbursement 
     for the programs financed under this Act.
       (2) Use of interest.--Except as provided in paragraphs (3) 
     and (4), interest earned on such moneys shall be available, 
     without further appropriation, for obligation or expenditure 
     under--
       (A) chapter 69 of title 31, 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).

     In each fiscal year such interest shall be allocated between 
     the programs referred to in subparagraphs (A) and (B) in 
     proportion to the amounts appropriated for that fiscal year 
     under other provisions of law for purposes of such programs. 
     To the extent that the total amount available for a fiscal 
     year under this paragraph and such other provisions of law 
     for one of such programs exceeds the authorized limit of that 
     program, the amount available under this paragraph that 
     contributes to such excess shall be allocated to the other 
     such program, but not in excess of its authorized limit. To 
     the extent that for both such programs such total amount for 
     each program exceeds the authorized limit of that program, 
     the amount available under this paragraph that contributes to 
     such excess shall be deposited into the Fund and shall be 
     considered interest for purposes of subsection (a)(3). 
     Interest shall cease to be available for obligation or 
     expenditure for a fiscal year for purposes of subparagraph 
     (A) if the annual appropriation for that fiscal year under 
     other provisions of law for the program referred to in 
     subparagraph (A) is less than $100,000,000, and in any such 
     case, the allocation provisions of this paragraph shall not 
     apply and all such interest shall be available for purposes 
     of the program referred to in subparagraph (B), up to the 
     authorized limit of such program. Interest shall cease to be 
     available for obligation or expenditure for a fiscal year for 
     purposes of subparagraph (B) if the annual appropriation for 
     that fiscal year under other provisions of law for the 
     program referred to in subparagraph (A) is less than 
     $15,000,000, and in any such case, the allocation provisions 
     of this paragraph shall not apply and all such interest shall 
     be available for purposes of the program referred to in 
     subparagraph (A), up to the authorized limit of such program. 
     Interest shall cease to be available for obligation or 
     expenditure for a fiscal year for purposes of this paragraph 
     if the annual appropriation for that fiscal year under other 
     provisions of law for each of the program referred to in 
     subparagraph (A) and the program referred to in subparagraph 
     (B) is less than $100,000,000 and $15,000,000, respectively, 
     and in any such case, the allocation provisions of this 
     paragraph shall not apply and all such interest shall be 
     deposited into the Fund and be considered interest for 
     purposes of subsection (a)(3).
       (3) Ceiling on expenditures of interest.--Amounts made 
     available under paragraph (2) in each fiscal year shall not 
     exceed the lesser of the following:
       (A) $200,000,000.
       (B) The total amount authorized and appropriated for that 
     fiscal year under other provisions of law for purposes of the 
     programs referred to in subparagraphs (A) and (B) of 
     paragraph (2).
       (4) Title iii interest.--All interest attributable to 
     amounts transferred by the Secretary of the Treasury to the 
     Secretary of the Interior for purposes of title III of this 
     Act (and the amendments made by such title III) shall be 
     available, without further appropriation, for obligation or 
     expenditure for purposes of the North American Wetlands 
     Conservation Act of 1989 (16 U.S.C. 4401 and following)
       (e) Refunds.--In those instances where through judicial 
     decision, administrative review, arbitration, or other means 
     there are royalty refunds owed to entities generating 
     revenues under this title, refunds shall be paid by the 
     Secretary of the Treasury from amounts available in the Fund 
     to the extent that such refunds are attributable to Qualified 
     Outer Continental Shelf Revenues deposited in the fund under 
     this Act.

     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.--it is the intent of thE Congress in this 
     Act that States not use this Act as an opportunity to reduce 
     State or local resources for the programs funded by this Act. 
     Except as provided in subsection (b), no State or local 
     government shall receive any funds under this Act during any 
     fiscal year when its expenditures of non-Federal funds for 
     recurrent expenditures for programs for which funding is 
     provided under this Act will be less than its average annual 
     expenditure was for such programs during the preceding 3 
     fiscal years. No State or local government shall receive 
     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.
       (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 --
       (1) is attributable to a nonselective reduction in 
     expenditures for the programs of all executive branch 
     agencies of the State or local government;
       (2) is a result of reductions in State or local revenue as 
     a result in a downturn in the economy or because of reduced 
     sales or user fees; or
       (3) is within the range of historical fluctuations of State 
     appropriations.

[[Page 6835]]

       (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, 2015.

     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 as provided by the Fifth and Fourteenth 
     amendments to the United States Constitution.
       (b) Regulation.--Federal agencies, using funds appropriated 
     by this Act, may not apply any regulation on any lands until 
     the lands or water, or an interest therein, is acquired, 
     unless authorized to do so by another Act of Congress.

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

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

       (a) Development and Submission of State Plans.--Each 
     coastal State seeking to receive grants under this title 
     shall prepare, and submit to the Secretary, a Statewide 
     Coastal State Conservation and Impact Assistance Plan. In the 
     case of a producing State, the Governor shall incorporate the 
     plans of the coastal political subdivisions into the 
     Statewide plan for transmittal to the Secretary. The Governor 
     shall solicit local input and shall provide for public 
     participation in the development of the Statewide plan. The 
     plan shall be submitted to the Secretary by April 1 of the 
     calendar year after the calendar year in which this Act is 
     enacted.
       (b) Approval or Disapproval.--
       (1) In general.--Approval of a Statewide plan under 
     subsection (a) is required prior to disbursement of funds 
     under this title by the Secretary. The Secretary shall 
     approve the Statewide plan if the Secretary determines, in 
     consultation with the Secretary of Commerce, that the plan is 
     consistent with the uses set forth in subsection (c) and if 
     the plan contains each of the following:
       (A) The name of the State agency that will have the 
     authority to represent and act for the State in dealing with 
     the Secretary for purposes of this title.
       (B) A program for the implementation of the plan which, for 
     producing States, includes a description of how funds will be 
     used to address the impacts of oil and gas production from 
     the Outer Continental Shelf.
       (C) Certification by the Governor that ample opportunity 
     has been accorded for public participation in the development 
     and revision of the plan.
       (D) Measures for taking into account other relevant Federal 
     resources and programs.

[[Page 6836]]

     The plan shall be correlated so far as practicable with other 
     State, regional, and local plans.
       (2) Procedure and timing; revisions.--The Secretary shall 
     approve or disapprove each plan submitted in accordance with 
     this section. If a State first submits a plan by not later 
     than 90 days before the beginning of the first fiscal year to 
     which the plan applies, the Secretary shall approve or 
     disapprove the plan by not later than 30 days before the 
     beginning of that fiscal year.
       (3) Amendment or revision.--Any amendment to or revision of 
     the plan shall be prepared in accordance with the 
     requirements of this subsection and shall be submitted to the 
     Secretary for approval or disapproval. Any such amendment or 
     revision shall take effect only for fiscal years after the 
     fiscal year in which the amendment or revision is approved by 
     the Secretary.
       (c) Authorized Uses of State Grant Funding.--The funds 
     provided under this title to a coastal State and for coastal 
     political subdivisions are authorized to be used only for one 
     or more of the following purposes:
       (1) Data collection, including but not limited to fishery 
     or marine mammal stock surveys in State waters or both, 
     cooperative State, interstate, and Federal fishery or marine 
     mammal stock surveys or both, cooperative initiatives with 
     university and private entities for fishery and marine mammal 
     surveys, activities related to marine mammal and fishery 
     interactions, and other coastal living marine resources 
     surveys.
       (2) The conservation, restoration, enhancement, or creation 
     of coastal habitats.
       (3) Cooperative Federal or State enforcement of marine 
     resources management statutes.
       (4) Fishery observer coverage programs in State or Federal 
     waters.
       (5) Invasive, exotic, and nonindigenous species 
     identification and control.
       (6) Coordination and preparation of cooperative fishery 
     conservation and management plans between States including 
     the development and implementation of population surveys, 
     assessments and monitoring plans, and the preparation and 
     implementation of State fishery management plans developed by 
     interstate marine fishery commissions.
       (7) Preparation and implementation of State fishery or 
     marine mammal management plans that comply with bilateral or 
     multilateral international fishery or marine mammal 
     conservation and management agreements or both.
       (8) Coastal and ocean observations necessary to develop and 
     implement real time tide and current measurement systems.
       (9) Implementation of federally approved marine, coastal, 
     or comprehensive conservation and management plans.
       (10) Mitigating marine and coastal impacts of Outer 
     Continental Shelf activities including impacts on onshore 
     infrastructure.
       (11) Projects that promote research, education, training, 
     and advisory services in fields related to ocean, coastal, 
     and Great Lakes resources.
       (d) Compliance With Authorized Uses.--Based on the annual 
     reports submitted under section 4 of this Act and on audits 
     conducted by the Secretary under section 8, the Secretary 
     shall review the expenditures made by each State and coastal 
     political subdivision from funds made available under this 
     title. If the Secretary determines that any expenditure made 
     by a State or coastal political subdivision of a State from 
     such funds is not consistent with the authorized uses set 
     forth in subsection (c), the Secretary shall not make any 
     further grants under this title to that State until the funds 
     used for such expenditure have been repaid to the 
     Conservation and Reinvestment Act Fund.
       TITLE II--LAND AND WATER CONSERVATION FUND REVITALIZATION

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

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

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

       Section 2(c) is amended to read as follows:
       ``(c) Amounts Transferred From Conservation and 
     Reinvestment Act Fund.--In addition to the sum of the 
     revenues and collections estimated by the Secretary of the 
     Interior to be covered into the fund pursuant to subsections 
     (a) and (b) of this section, there shall be covered into the 
     fund all amounts transferred to the fund under section 
     5(b)(2) of the Conservation and Reinvestment Act of 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 without further appropriation to carry out 
     this Act.
       ``(b) Obligation and Expenditure of Available Amounts.--
     Amounts available for obligation or expenditure from the fund 
     or from the special account established under section 4(i)(1) 
     may be obligated or expended only as provided in this Act.''.

     SEC. 204. ALLOCATION OF FUND.

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


                         ``allocation of funds

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

     SEC. 205. USE OF FEDERAL PORTION.

       Section 7 (16 U.S.C. 460l-9) is amended by adding at the 
     end the following:
       ``(d) Use of Federal Portion.--
       ``(1) Approval by congress required.--The Federal portion 
     (as that term is defined in section 5(1)) may not be 
     obligated or expended by the Secretary of the Interior or the 
     Secretary of Agriculture for any acquisition except those 
     specifically referred to, and approved by the Congress, in an 
     Act making appropriations for the Department of the Interior 
     or the Department of Agriculture, respectively.
       ``(2) Willing seller requirement.--The Federal portion may 
     not be used to acquire any property unless--
       ``(A) the owner of the property concurs in the acquisition; 
     or
       ``(B) acquisition of that property is specifically approved 
     by an Act of Congress.
       ``(e) List of Proposed Federal Acquisitions.--
       ``(1) Restriction on use.--The Federal portion for a fiscal 
     year may not be obligated or expended to acquire any interest 
     in lands or water unless the lands or water were included in 
     a list of acquisitions that is approved by the Congress.
       ``(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 under suparagraph (A), the 
     Secretary shall--
       ``(i) seek to consolidate Federal landholdings in States 
     with checkerboard Federal land ownership patterns;
       ``(ii) consider the use of equal value land exchanges, 
     where feasible and suitable, as an alternative means of land 
     acquisition;
       ``(iii) consider the use of permanent conservation 
     easements, where feasible and suitable, as an alternative 
     means of acquisition;
       ``(iv) identify those properties that are proposed to be 
     acquired from willing sellers and specify any for which 
     adverse condemnation is requested; and
       ``(v) establish priorities based on such factors as 
     important or special resource attributes, threats to resource 
     integrity, timely availability, owner hardship, cost 
     escalation, public recreation use values, and similar 
     considerations.
       ``(C) The Secretary of the Interior and the Secretary of 
     Agriculture shall each--
       ``(i) transmit, with the list transmitted under 
     subparagraph (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 for by law; and
       ``(ii) update and resubmit to the Congress each list 
     transmitted under clause (i), as land management plans are 
     amended or revised.
       ``(3) Information regarding proposed acquisitions.--Each 
     list under paragraph (2)(A) shall include, for each proposed 
     acquisition included in the list--
       ``(A) citation of the statutory authority for the 
     acquisition, if such authority exists; and
       ``(B) an explanation of why the particular interest 
     proposed to be acquired was selected.
       ``(f) Notification to Affected Areas Required.--The Federal 
     portion for a fiscal year may not be used to acquire any 
     interest in land unless the Secretary administering the 
     acquisition, by not later than 30 days after the date the 
     Secretaries submit the list under subsection (e)(2)(A) 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

[[Page 6837]]

       ``(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, or in the case of Alaska, 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, or in the case of Alaska, Native Corporations 
     shall be equivalent to the amount available to a single 
     State. No single tribe, nor in the case of Alaska, Native 
     Corporation shall receive a grant that constitutes more than 
     10 percent of the total amount made available to all tribes 
     and Alaska Native Corporations pursuant to the apportionment 
     under paragraph (1). Funds received by a tribe, or in the 
     case of Alaska, 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 the priorities and criteria defined by the State are 
     consistent with the pruposes of this Act, the State provides 
     for public involvement in this process, and the State 
     publishes an accurate and current State Action Agenda for 
     Community Conservation and Recreation (in this Act referred 
     to as the `State Action Agenda') indicating the needs it has 
     identified and the priorities and criteria it has 
     established. In order to assess its needs and establish its 
     overall priorities, each State, in partnership with its local 
     governments and Federal agencies, and in consultation with 
     its citizens, shall develop, within 5 years after the 
     enactment of the Conservation and Reinvestment Act of 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 5 years.
       ``(B) The agenda must be updated at least once every 5 
     years and certified by the Governor that the State Action 
     Agenda conclusions and proposed actions have been considered 
     in an active public involvement process.
       ``(2) State Action Agendas shall take into account all 
     providers of conservation and recreation lands within each 
     State, including Federal, regional, and local government 
     resources, and shall be correlated whenever possible with 
     other State, regional, and local plans for parks, recreation, 
     open space, and wetlands conservation. Recovery action 
     programs developed by urban localities under section 1007 of 
     the Urban Park and Recreation Recovery Act of 1978 shall be 
     used by a State as a guide to the conclusions, priorities, 
     and action schedules contained in State Action Agenda. Each 
     State shall assure that any requirements for local outdoor 
     conservation and recreation planning, promulgated as 
     conditions for grants, minimize redundancy of local efforts 
     by allowing, wherever possible, use of the findings, 
     priorities, and implementation schedules of recovery action 
     programs to meet such requirements.''.
       (2) Existing state plans.--Comprehensive State Plans 
     developed by any State under section 6(d) of the Land and 
     Water Conservation Fund Act of 1965 before the date that is 5 
     years after the enactment of this Act shall remain in effect 
     in that State until a State Action Agenda has been adopted 
     pursuant to the amendment made by this subsection, but no 
     later than 5 years after the enactment of this Act.
       (b) Miscellaneous.--Section 6(e) (16 U.S.C. 460l-8(e)) is 
     amended as follows:
       (1) In the matter preceding paragraph (1) by striking 
     ``State comprehensive plan'' and inserting ``State Action 
     Agenda''.
       (2) In paragraph (1) by striking ``comprehensive plan'' and 
     inserting ``State Action Agenda''.

     SEC. 208. ASSISTANCE TO STATES FOR OTHER PROJECTS.

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

     SEC. 209. CONVERSION OF PROPERTY TO OTHER USE.

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

[[Page 6838]]

     the Secretary shall be considered to be of reasonably 
     equivalent usefulness with the property proposed for 
     conversion.''.

     SEC. 210. WATER RIGHTS.

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


                             ``water rights

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

     SEC. 301. PURPOSES.

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

     SEC. 302. DEFINITIONS.

       (a) Reference to Law.--In this title, the term ``Federal 
     Aid in Wildlife Restoration Act'' means the Act of September 
     2, 1937 (16 U.S.C. 669 and following), commonly referred to 
     as the Federal Aid in Wildlife Restoration Act or the 
     Pittman-Robertson Act.
       (b) Wildlife Conservation and Restoration Program.--Section 
     2 of the Federal Aid in Wildlife Restoration Act (16 U.S.C. 
     669a) is amended by inserting after ``shall be construed'' 
     the first place it appears the following: ``to include the 
     wildlife conservation and restoration program and''.
       (c) State Agencies.--Section 2 of the Federal Aid in 
     Wildlife Restoration Act (16 U.S.C. 669a) is amended by 
     inserting ``or State fish and wildlife department'' after 
     ``State fish and game department''.
       (d) Definitions.--Section 2 of the Federal Aid in Wildlife 
     Restoration Act (16 U.S.C. 669a) is amended by striking the 
     period at the end thereof, substituting a semicolon, and 
     adding the following: ``the term `conservation' shall be 
     construed to mean the use of methods and procedures necessary 
     or desirable to sustain healthy populations of wildlife 
     including all activities associated with scientific resources 
     management such as research, census, monitoring of 
     populations, acquisition, improvement and management of 
     habitat, live trapping and transplantation, wildlife damage 
     management, and periodic or total protection of a species or 
     population as well as the taking of individuals within 
     wildlife stock or population if permitted by applicable State 
     and Federal law; the term `wildlife conservation and 
     restoration program' means a program developed by a State 
     fish and wildlife department 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 without further 
     appropriation, in each fiscal year, for apportionment in 
     accordance with this Act to carry out State wildlife 
     conservation and restoration programs.''; and
       (2) by adding at the end the following:
       ``(c) Amounts transferred to the fund from the Conservation 
     and Reinvestment Act Fund and apportioned under subsection 
     (a)(2) shall supplement, but not replace, existing funds 
     available to the States from the sport fish restoration 
     account and wildlife restoration account and shall be used 
     for the development, revision, and implementation of wildlife 
     conservation and restoration programs and should be used to 
     address the unmet needs for a diverse array of wildlife and 
     associated habitats, including species that are not hunted or 
     fished, for wildlife conservation, wildlife conservation 
     education, and wildlife-associated recreation projects. Such 
     funds may be used for new programs and projects as well as to 
     enhance existing programs and projects.
       ``(d)(1) Notwithstanding subsections (a) and (b) of this 
     section, with respect to amounts transferred to the fund from 
     the Conservation and Reinvestment Act Fund so much of such 
     amounts as is apportioned to any State for any fiscal year 
     and as remains unexpended at the close thereof shall remain 
     available for expenditure in that State until the close of--
       ``(A) the fourth succeeding fiscal year, in the case of 
     amounts transferred in any of the first 10 fiscal years 
     beginning after the date of enactment of the Conservation and 
     Reinvestment Act of 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 make the following apportionment from the amount 
     transferred to the fund from the Conservation and 
     Reinvestment Act Fund for each fiscal year:
       ``(A) To the District of Columbia and to the Commonwealth 
     of Puerto Rico, each a sum equal to not more than \1/2\ of 1 
     percent thereof.
       ``(B) To Guam, American Samoa, the Virgin Islands, and the 
     Commonwealth of the Northern Mariana Islands, each a sum 
     equal to not more than \1/6\ of 1 percent thereof.
       ``(2)(A) The Secretary of the Interior, after making the 
     apportionment under paragraph (1), shall apportion the 
     remainder of the amount transferred to the fund from the 
     Conservation and Reinvestment Act Fund for each fiscal year 
     among the States in the following manner:
       ``(i) \1/3\ of which is based on the ratio to which the 
     land area of such State bears to the total land area of all 
     such States.
       ``(ii) \2/3\ of which is based on the ratio to which the 
     population of such State bears to the total population of all 
     such States.
       ``(B) The amounts apportioned under this paragraph shall be 
     adjusted equitably so that no such State shall be apportioned 
     a sum which is less than \1/2\ of 1 percent of the amount 
     available for apportionment under this paragraph for any 
     fiscal year or more than 5 percent of such amount.
       ``(3) Amounts transferred to the fund from the Conservation 
     and Reinvestment Act Fund shall not be available for any 
     expenses incurred in the administration and execution of 
     programs carried out with such amounts.
       ``(d) Wildlife Conservation and Restoration Programs.--(1) 
     Any State, through its fish and wildlife department, may 
     apply to the Secretary of the Interior for approval of a 
     wildlife conservation and restoration program, or for funds 
     to develop a program. To apply, a State shall submit a 
     comprehensive plan that includes--
       ``(A) provisions vesting in the fish and wildlife 
     department of the State overall responsibility and 
     accountability for the program;
       ``(B) provisions for the development and implementation 
     of--
       ``(i) wildlife conservation projects that expand and 
     support existing wildlife programs,

[[Page 6839]]

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

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

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

     SEC. 405. DEFINITIONS.

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

     SEC. 406. ELIGIBILITY.

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

     SEC. 407. GRANTS.

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


                                ``grants

       ``Sec. 1006. (a)(1) The Secretary may provide 70 percent 
     matching grants for rehabilitation, development, acquisition, 
     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 in accordance 
     with section 1010.
       ``(3) Payments may be made only for those rehabilitation, 
     development, or innovation projects that have been approved 
     by the Secretary. Such payments may be made from time to time 
     in keeping with the rate of progress toward completion of a 
     project, on a reimbursable basis.''.

     SEC. 408. RECOVERY ACTION PROGRAMS.

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

     SEC. 409. STATE ACTION INCENTIVES.

       Section 1008 (16 U.S.C. 2507) is amended--
       (1) by inserting ``(a) In General.--'' before the first 
     sentence; and
       (2) by striking the last sentence of subsection (a) (as 
     designated by paragraph (1) of this section) and inserting 
     the following:
       ``(b) Coordination With Land and Water Conservation Fund 
     Activities.--(1) The

[[Page 6840]]

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

     SEC. 410. CONVERSION OF RECREATION PROPERTY.

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


                  ``conversion of recreation property

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

     SEC. 411. REPEAL.

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

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

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

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

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

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

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

     SEC. 601. PURPOSE.

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

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

       (a) In General.--Amounts transferred to the Secretary of 
     the Interior and the Secretary of Agriculture under section 
     5(b)(6) of this Act in a fiscal year shall be available 
     without further appropriation to carry out this title.
       (b) Allocation.--Amounts referred to in subsection (a) year 
     shall be allocated and available as follows:
       (1) Department of the interior.--60 percent shall be 
     allocated and available to the Secretary of the Interior to 
     carry out the purpose of this title on lands within the 
     National Park System, lands within the National Wildlife 
     Refuge System, and public lands administered by the Bureau of 
     Land Management.
       (2) Department of agriculture.--30 percent shall be 
     allocated and available to the Secretary of Agriculture to 
     carry out the purpose of this title on lands within the 
     National Forest System.
       (3) Indian tribes.--10 percent shall be allocated and 
     available to the Secretary of the Interior for competitive 
     grants to qualified Indian tribes under section 603(b).

     SEC. 603. AUTHORIZED USES OF TRANSFERRED AMOUNTS.

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

     SEC. 604. INDIAN TRIBE DEFINED.

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

[[Page 6841]]

       ``(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.''.

     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, 
     without further appropriation, 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 without further 
     appropriation 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.