House Report 106-499 - CONSERVATION AND REINVESTMENT ACT OF 1999

[House Report 106-499]
[From the U.S. Government Publishing Office]

106th Congress Rept. 106-499
HOUSE OF REPRESENTATIVES
2d Session Part 1

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CONSERVATION AND REINVESTMENT ACT OF 1999

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February 16, 2000.--Ordered to be printed

_______

Mr. Young of Alaska, from the Committee on Resources, submitted the
following

R E P O R T

together with

DISSENTING VIEWS

[To accompany H.R. 701]

[Including cost estimate of the Congressional Budget Office]

The Committee on Resources, to whom was referred the bill
(H.R. 701) to provide Outer Continental Shelf Impact Assistance
to State and local governments, to amend the Land and Water
Conservation Fund Act of 1965, the Urban Park and Recreation
Recovery Act of 1978, and the Federal Aid in Wildlife
Restoration Act (commonly referred to as the Pittman-Robertson
Act) to establish a fund to meet the outdoor conservation and
recreation needs of the American people, and for other
purposes, having considered the same, reports favorably thereon
with an amendment and recommends that the bill as amended do
pass.
The amendment is as follows:
Strike out all after the enacting clause and insert in lieu
thereof the following:

SECTION 1. SHORT TITLE.

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

SEC. 2. TABLE OF CONTENTS.

The table of contents for this Act is as follows:

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

TITLE I--IMPACT ASSISTANCE AND COASTAL CONSERVATION

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

TITLE II--LAND AND WATER CONSERVATION FUND REVITALIZATION

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

TITLE III--WILDLIFE CONSERVATION AND RESTORATION

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

TITLE IV--URBAN PARK AND RECREATION RECOVERY PROGRAM AMENDMENTS

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

TITLE V--HISTORIC PRESERVATION FUND

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

TITLE VI--FEDERAL AND INDIAN LANDS RESTORATION

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

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

Subtitle A--Conservation Easements

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

Subtitle B--Endangered and Threatened Species Recovery

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

SEC. 3. DEFINITIONS.

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

SEC. 4. ANNUAL REPORTS.

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

SEC. 5. CONSERVATION AND REINVESTMENT ACT FUND.

(a) Establishment of Fund.--There is established in the Treasury of
the United States a fund which shall be known as the ``Conservation and
Reinvestment Act Fund''. In each fiscal year after the fiscal year
2000, the Secretary of the Treasury shall deposit into the Fund the
following amounts:
(1) OCS revenues.--An amount in each such fiscal year from
qualified Outer Continental Shelf revenues equal to the
difference between $2,825,000,000 and the amounts deposited in
the Fund under paragraph (2), notwithstanding section 9 of the
Outer Continental Shelf Lands Act (43 U.S.C. 1338).
(2) Amounts not disbursed.--All allocated but undisbursed
amounts returned to the Fund under section 101(a)(2).
(3) Interest.--All interest earned under subsection (d) that
is not made available under paragraph (2) or (4) of that
subsection.
(b) Transfer for Expenditure.--In each fiscal year after the fiscal
year 2001, the Secretary of the Treasury shall transfer amounts
deposited into the Fund as follows:
(1) $1,000,000,000 to the Secretary of the Interior for
purposes of making payments to coastal States under title I of
this Act.
(2) To the Land and Water Conservation Fund for expenditure
as provided in section 3(a) of the Land and Water Conservation
Fund Act of 1965 (16 U.S.C. 460l-6(a)) such amounts as are
necessary to make the income of the fund $900,000,000 in each
such fiscal year.
(3) $350,000,000 to the Federal aid to wildlife restoration
fund established under section 3 of the Federal Aid in Wildlife
Restoration Act (16 U.S.C. 669b).
(4) $125,000,000 to the Secretary of the Interior to carry
out the Urban Park and Recreation Recovery Act of 1978 (16
U.S.C. 2501 and following).
(5) $100,000,000 to the Secretary of the Interior to carry
out the National Historic Preservation Act (16 U.S.C. 470 and
following).
(6) $200,000,000 to the Secretary of the Interior and the
Secretary of Agriculture to carry out title VI of this Act.
(7) $150,000,000 to the Secretary of the Interior to carry
out title VII of this Act with (A) $100,000,000 of such amount
transferred to the Secretary of the Interior for purposes of
subtitle A of title VII and (B) $50,000,000 of such amount
transferred to the Secretary of the Interior for purposes of
subtitle B of title VII.
(c) Shortfall.--If amounts deposited into the Fund in any fiscal year
after the fiscal year 2000 are less than $2,825,000,000, the amounts
transferred under paragraphs (1) through (7) of subsection (b) for that
fiscal year shall each be reduced proportionately.
(d) Interest.--
(1) In general.--The Secretary of the Treasury shall invest
moneys in the Fund in public debt securities with maturities
suitable to the needs of the Fund, as determined by the
Secretary of the Treasury, and bearing interest at rates
determined by the Secretary of the Treasury, taking into
consideration current market yields on outstanding marketable
obligations of the United States of comparable maturity.
(2) Use of interest.--Except as provided in paragraphs (3)
and (4), interest earned on such moneys shall be available,
without further appropriation, for obligation or expenditure
under--
(A) chapter 69 of title 31 of the United States Code
(relating to PILT), and
(B) section 401 of the Act of June 15, 1935 (49 Stat.
383; 16 U.S.C. 715s) (relating to refuge revenue
sharing).
In each fiscal year such interest shall be allocated between
the programs referred to in subparagraph (A) and (B) in
proportion to the amounts authorized and appropriated for that
fiscal year under other provisions of law for purposes of such
programs.
(3) Ceiling on expenditures of interest.--Amounts made
available under paragraph (2) in each fiscal year shall not
exceed the lesser of the following:
(A) $200,000,000.
(B) The total amount authorized and appropriated for
that fiscal year under other provisions of law for
purposes of the programs referred to in subparagraphs
(A) and (B) of paragraph (2).
(4) Title iii interest.--All interest attributable to amounts
transferred by the Secretary of the Treasury to the Secretary
of the Interior for purposes of title III of this Act (and the
amendments made by such title III) shall be available, without
further appropriation, for obligation or expenditure for
purposes of the North American Wetlands Conservation Act of
1989 (16 U.S.C. 4401 and following)
(e) Refunds.--In those instances where through judicial decision,
administrative review, arbitration, or other means there are royalty
refunds owed to entities generating revenues under this title, such
refunds shall be paid by the Secretary of the Treasury from amounts
available in the Fund.

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

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

SEC. 7. BUDGETARY TREATMENT OF RECEIPTS AND DISBURSEMENTS.

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

SEC. 8. RECORDKEEPING REQUIREMENTS.

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

SEC. 9. MAINTENANCE OF EFFORT AND MATCHING FUNDING.

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

SEC. 10. SUNSET.

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

SEC. 11. PROTECTION OF PRIVATE PROPERTY RIGHTS.

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

SEC. 12. SIGNS.

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

TITLE I--IMPACT ASSISTANCE AND COASTAL CONSERVATION

SEC. 101. IMPACT ASSISTANCE FORMULA AND PAYMENTS.

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

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

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

TITLE II--LAND AND WATER CONSERVATION FUND REVITALIZATION

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

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

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

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

SEC. 203. AVAILABILITY OF AMOUNTS.

Section 3 (16 U.S.C. 460l-6) is amended to read as follows:
``appropriations
``Sec. 3. (a) In General.--There are authorized to be appropriated to
the Secretary from the fund to carry out this Act not more than
$900,000,000 in any fiscal year after the fiscal year 2001. Amounts
transferred to the fund from the Conservation and Reinvestment Act Fund
and amounts covered into the fund under subsections (a) and (b) of
section 2 shall be available to the Secretary in fiscal years after the
fiscal year 2001 without further appropriation to carry out this Act.
``(b) Obligation and Expenditure of Available Amounts.--Amounts
available for obligation or expenditure from the fund or from the
special account established under section 4(i)(1) may be obligated or
expended only as provided in this Act.''.

SEC. 204. ALLOCATION OF FUND.

Section 5 (16 U.S.C. 460l-7) is amended to read as follows:
``allocation of funds
``Sec. 5. Of the amounts made available for each fiscal year to carry
out this Act--
``(1) 50 percent shall be available for Federal purposes (in
this Act referred to as the `Federal portion'); and
``(2) 50 percent shall be available for grants to States.''.

SEC. 205. USE OF FEDERAL PORTION.

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

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

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

SEC. 207. STATE PLANNING.

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

SEC. 208. ASSISTANCE TO STATES FOR OTHER PROJECTS.

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

SEC. 209. CONVERSION OF PROPERTY TO OTHER USE.

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

SEC. 210. WATER RIGHTS.

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

TITLE III--WILDLIFE CONSERVATION AND RESTORATION

SEC. 301. PURPOSES.

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

SEC. 302. DEFINITIONS.

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

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

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

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

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

SEC. 305. EDUCATION.

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

SEC. 306. PROHIBITION AGAINST DIVERSION.

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

TITLE IV--URBAN PARK AND RECREATION RECOVERY PROGRAM AMENDMENTS

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

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

SEC. 402. PURPOSE.

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

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

Section 1013 (16 U.S.C. 2512) is amended to read as follows:
``treatment of amounts transferred from conservation and reinvestment
act fund
``Sec. 1013. (a) In General.--Amounts transferred to the Secretary of
the Interior under section 5(b)(4) of the Conservation and Reinvestment
Act of 1999 in a fiscal year shall be available to the Secretary
without further appropriation to carry out this title. Any amount that
has not been paid or obligated by the Secretary before the end of the
second fiscal year beginning after the first fiscal year in which the
amount is available shall be reapportioned by the Secretary among
grantees under this title.
``(b) Limitations on Annual Grants.--Of the amounts available in a
fiscal year under subsection (a)--
``(1) not more that 3 percent may be used for grants for the
development of local park and recreation recovery action
programs pursuant to sections 1007(a) and 1007(c);
``(2) not more than 10 percent may be used for innovation
grants pursuant to section 1006; and
``(3) not more than 15 percent may be provided as grants (in
the aggregate) for projects in any one State.
``(c) Limitation on Use for Grant Administration.--The Secretary
shall establish a limit on the portion of any grant under this title
that may be used for grant and program administration.''.

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

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

SEC. 405. DEFINITIONS.

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

SEC. 406. ELIGIBILITY.

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

SEC. 407. GRANTS.

Section 1006 (16 U.S.C. 2505) is amended--
(1) in subsection (a) by redesignating paragraph (3) as
paragraph (4); and
(2) by striking so much as precedes subsection (a)(4) (as so
redesignated) and inserting the following:
``grants
``Sec. 1006. (a)(1) The Secretary may provide 70 percent matching
grants for rehabilitation, development, and innovation purposes to any
eligible general purpose local government upon approval by the
Secretary of an application submitted by the chief executive of such
government.
``(2) At the discretion of such an applicant, a grant under this
section may be transferred in whole or part to independent special
purpose local governments, private nonprofit agencies, or county or
regional park authorities, if--
``(A) such transfer is consistent with the approved
application for the grant; and
``(B) the applicant provides assurance to the Secretary that
the applicant will maintain public recreation opportunities at
assisted areas and facilities owned or managed by the applicant
in accordance with section 1010.
``(3) Payments may be made only for those rehabilitation,
development, or innovation projects that have been approved by the
Secretary. Such payments may be made from time to time in keeping with
the rate of progress toward completion of a project, on a reimbursable
basis.''.

SEC. 408. RECOVERY ACTION PROGRAMS.

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

SEC. 409. STATE ACTION INCENTIVES.

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

SEC. 410. CONVERSION OF RECREATION PROPERTY.

Section 1010 (16 U.S.C. 2509) is amended to read as follows:
``conversion of recreation property
``Sec. 1010. (a)(1) No property developed, acquired, or rehabilitated
under this title shall, without the approval of the Secretary, be
converted to any purpose other than public recreation purposes.
``(2) Paragraph (1) shall apply to--
``(A) property developed with amounts provided under this
title; and
``(B) the park, recreation, or conservation area of which the
property is a part.
``(b)(1) The Secretary shall approve such conversion only if the
grantee demonstrates no prudent or feasible alternative exists.
``(2) Paragraph (1) shall apply to property that is no longer a
viable recreation facility due to changes in demographics or that must
be abandoned because of environmental contamination which endangers
public health or safety.
``(c) Any conversion must satisfy any conditions the Secretary
considers necessary to assure substitution of other recreation property
that is--
``(1) of at least equal fair market value, or reasonably
equivalent usefulness and location; and
``(2) in accord with the current recreation recovery action
plan of the grantee.''.

SEC. 411. REPEAL.

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

TITLE V--HISTORIC PRESERVATION FUND

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

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

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

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

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

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

TITLE VI--FEDERAL AND INDIAN LANDS RESTORATION

SEC. 601. PURPOSE.

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

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

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

SEC. 603. AUTHORIZED USES OF TRANSFERRED AMOUNTS.

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

SEC. 604. INDIAN TRIBE DEFINED.

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

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

Subtitle A--Conservation Easements

SEC. 701. PURPOSE.

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

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

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

SEC. 703. AUTHORIZED USES OF TRANSFERRED AMOUNTS.

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

SEC. 704. CONSERVATION EASEMENT PROGRAM.

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

Subtitle B--Endangered and Threatened Species Recovery

SEC. 711. PURPOSES.

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

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

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

SEC. 713. ENDANGERED AND THREATENED SPECIES RECOVERY ASSISTANCE.

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

SEC. 714. ENDANGERED AND THREATENED SPECIES RECOVERY AGREEMENTS.

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

SEC. 715. DEFINITIONS.

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

Purpose of the Bill

The purpose of H.R. 701 is to provide Outer Continental
Shelf Impact Assistance to State and local governments, to
amend the Land and Water Conservation Fund Act of 1965, the
Urban Park and Recreation Recovery Act of 1978, and the Federal
Aid in Wildlife Restoration Act (commonly referred to as the
Pittman-Robertson Act) to establish a fund to meet the outdoor
conservation and recreation needs of the American people.

Background and Need for Legislation

H.R. 701, the Conservation and Reinvestment Act of 1999
(CARA), reinvests revenue created from the development of non-
renewable resources into renewable resources of conservation
and recreation.
For decades, programs that improve the quality of American
life and conserve important natural resources have not received
adequate levels of funding, especially those programs that
provide for local decision making. CARA addresses this national
need in seven titles:
Title I provides $1 billion each year to create a revenue
sharing and coastal conservation fund for coastal states and
eligible local governments to mitigate the various impacts of
outer continental shelf (OCS) activities and provide monies for
the conservation of coastal ecosystems. In fact, several
provisions ensure that the valuable funding provided by this
Title does not prove to be an incentive to develop areas
subject to a pre-leasing, leasing, or development moratorium.
The amount of OCS revenues available for distribution under
CARA is limited to the amount of royalties, bonus bids and
rents received by the United States from existing OCS producing
tracts. CARA specifically excludes any tract that is within a
leasing moratorium on January 1, 1999. The five-year review
period provided for by CARA ensures that as oil and gas
development patterns change in non-moratoria areas, the funding
allocations to the producing States are kept in sync with the
amount of OCS production and subsequent impacts to their
coastlines. Again, the five-year recalculation specifically
includes leases or tracts under a moratoria or not in
production on January 1, 1999. Thus, because the five-year
update to the distribution formula ``snapshot'' occurs as
development patterns change in the Gulf of Mexico and other
non-moratoria areas, the allocations adequately address the
unintended impacts of that development. Lastly, since any new
development would be part of the ratio of all offshore oil and
gas developments, any new single development would create a
negligible difference in a State's share, thus eliminating any
perceived incentive.
Title II provides $900 million to guarantee stable and
annual funding for the Land and Water Conservation Fund (LWCF)
at its authorized level. This dedicated funding would provide
for both the State and Federal programs included in the LWCF,
while protecting the rights of private property owners. H.R.
701 equally divides the $900 million between the State and
Federal programs. The State portion would be entirely
distributed to States and U.S. insular areas via the formula
set forth in H.R. 701.
Title III provides $350 million for wildlife conservation
and education, which includes funding for game and nongame
species. This Title distributes the funds through the
successful mechanism of the Federal Aid in Wildlife Restoration
Act (commonly known as the Pittman-Robertson Act). The new
source of Federal funding is nearly double the funds available
through the Pittman-Robertson Act and the Federal Aid in
Sportfish Restoration Act (commonly known as the Dingell-
Johnson Act). Since 1937, these programs have contributed more
than $5 billion, matched by the States, to benefit conservation
of wildlife and fish.
Title IV provides $125 million to be used for Urban Park
and Recreation Recovery Act of 1978 matching grants for local
governments to rehabilitate recreation areas and facilities,
and provides for the development of improved recreation
programs, sites and facilities.
Title V provides $100 million for the programs within the
Historic Preservation Act, including grants to the States,
maintaining the National Register of Historic Places, and
administering numerous historic preservation programs,
including support for Congressionally-authorized Heritage areas
and corridors.
Title VI provides $200 million 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.
Title VII provides $150 million for annual and dedicated
funding for conservation easements and funding for landowner
incentives to aid in the recovery of endangered and threatened
species.
Finally, since oil and gas royalty payments are not
deposited into the Federal Treasury as an end-of-year lump sum
under CARA, revenue held within the ``CARA Fund'' accrues
interest. Up to $200 million of this annual interest will
match, dollar for dollar, the amount appropriated during the
appropriations process for the Payment In-Lieu of Taxes and
Refuge Revenue Sharing programs. This provision is intended to
fully fund these two programs.

Committee Action

H.R. 701 was introduced on February 10, 1999, by
Congressman Don Young (R-AK). The bill was referred to the
Committee on Resources.
On March 9 and 10, 1999, the Committee held a two-day
hearing on the bill, where 28 witnesses testified on both H.R.
701 and H.R. 798, a bill authored by Congressman George Miller
(D-CA). Panels included current and former Members of Congress,
governors, county commissioners, mayors, and representatives of
national advocacy groups. This first hearing was an overview of
both H.R. 701 and H.R. 798. See, Committee on Resources Printed
Hearing 106-14.
After the Washington, D.C. hearings, the Committee held a
series of field hearings across the country. On March 31, 1999,
the first field hearing was held in Anchorage, Alaska, on both
H.R. 701 and H.R. 798. This hearing was also general in nature,
but emphasized wildlife funding and the perspectives of a
coastal state that develops and produces oil and gas resources.
Many of the witnesses discussed the positive benefits of
providing funding for wildlife conservation included within
Title III of H.R. 701. Testimony was also received from a
representative of British Petroleum, Ms. Cindi Bailey. Ms.
Bailey explained to the Committee that neither H.R. 701 nor
H.R. 798 would create an incentive for new oil and gas
development. See, Committee on Resources Printed Hearing 106-
18.
On May 3, 1999, the Committee held its second field hearing
in New Orleans, Louisiana. The central topic of this hearing
was to show the Committee the annual impacts on the coastline
of Louisiana caused by an array of activities, including the
activities relating to offshore mineral production. The
Committee learned that, in recent years, annual land loss rates
due to coastal erosion in Louisiana have exceeded 40 square
miles and that this loss represents 80% of all coastal wetlands
loss in the country. While offshore oil and gas activities have
had unintended consequences in some cases, the Committee
learned that another important factor in the wetland loss has
been the channeling of the Mississippi River. The series of
levees and other water control mechanisms have cut off river
sediment important to counter erosion problems in the State.
The funding provided in H.R. 701 will provide financial
resources necessary to protect and conserve our Nation's
coastline. See, Committee on Resources Printed Hearing 106-18.
On June 12, 1999, the Committee held the third and final
field hearing in Salt Lake City, Utah. This hearing focused on
the concerns of large public land states concentrated in the
West. Testimony was received that gave the Committee valuable
insight regarding land acquisition issues within States with
high percentages of federal ownership. See, Committee on
Resources Printed Hearing 106-40.
For months following the five days of Committee hearings, a
bipartisan group of eight Members met to craft a compromise
between H.R. 701 and H.R. 798. The Members who participated in
these meetings were Congressman Young, Congressman Miller,
Congressman Billy Tauzin (R-LA), Congressman John Dingell (D-
MI), Congressman Richard Pombo (R-CA), Congressman Bruce Vento
(D-MN), Congressman Chris John (D-LA), and Congressman Tom
Udall (D-NM). The compromise language that Congressman Young
offered as an amendment in the nature of a substitute during
the Committee mark-up was formed during more than 12 meetings,
totaling tens of hours of negotiations. Mr. Pombo was
successful in including language to address many of the land
acquisition concerns the Committee learned about during the
hearings.
On November 10, 1999, the Committee met to mark up the
bill. As mentioned above, Congressman Young of Alaska offered
an amendment in the nature of a substitute (Young ANS).
Congressman Jim Hansen (R-UT) offered an amendment to the Young
ANS. The amendment would require \2/3\ of the Federal funds
available for Land and Water Conservation Fund acquisitions be
spent east of the Mississippi River. The amendment failed on
voice vote. Congresswoman Barbara Cubin (R-WY) offered an
amendment to the Young ANS which would not allow the
acquisition of land under H.R. 701 if the acquisition resulted
in more land in Federal ownership than existed upon the date of
enactment. The Cubin amendment failed by a roll call vote of
14-24, as follows:

Congressman Ken Calvert (R-CA) offered an amendment to the
Young ANS which would limit the amount of funds for the
condemnation of lands. The amendment failed on a roll call vote
of 17-30, as follows:

Congressman John T. Doolittle (R-CA) offered an amendment
to the Young ANS which would add a list of surplus lands under
the administrative jurisdiction of the Secretary of the
Interior and the Secretary of Agriculture, for which there is
no demonstrated compelling program need, to the annual report
required by H.R. 701. It was adopted by voice vote.
Congressman Pombo offered an amendment to the Young ANS
which would limit the ability of the Federal Government to
regulate private lands and clarify the rights of inholders
inside Federal land boundaries. The amendment failed on a roll
call vote of 14-28, as follows:

Congressman Cubin of Wyoming offered another amendment to
the Young ANS which would sunset the bill in 2005. It failed by
voice vote. Congressman Helen Chenoweth-Hage (R-ID) offered an
amendment to the Young ANS which would require Payments in Lieu
of Taxes and Refuge Revenue Sharing be fully funded before
funding is distributed to the other programs under CARA. The
amendment failed by voice vote. Mrs. Chenoweth-Hage offered
another amendment to the Young ANS which would require that
nothing in the Act be construed to result in the net loss of
acreage available for hunting. The amendment failed by voice
vote. Mrs. Chenoweth-Hage offered another amendment to the
Young ANS which would mandate that the State within which the
acquisition is to take place approve any acquisition that would
use the Federal portion of the Land and Water Conservation Fund
to acquire land or water. The amendment failed on a voice vote.
Mrs. Chenoweth-Hage offered another amendment to the Young ANS
which would not allow the Federal portion to be used to acquire
any parcel of land more than 100 acres in the State of Idaho.
The amendment failed on a roll call vote of 13-28, as follows:

Congressman Greg Walden (R-OR) offered an amendment to the
Young ANS which would not allow the purchase with the Federal
portion of land in counties where 35 percent or more of the
lands are administered by the United States Department of
Agriculture, the Department of the Interior (excluding tribal
lands) or the Department of Defense or any combination thereof,
unless that acquisition is specifically approved by the
government of the county. The amendment failed on voice vote.
Congressman Jim Gibbons (R-NV) offered an amendment to the
Young ANS which would provide for the disposal of public lands.
The amendment was withdrawn. Congressman Bob Schaffer (R-CO)
offered an amendment to the Young ANS which would not allow any
funds to be used for the implementation of the American
Heritage Rivers Initiative. The amendment failed by a roll call
vote of 20-24, as follows:

Congressman Thomas G. Tancredo (R-CO) offered an amendment
to the Young ANS which would increase the funding for the Urban
Park and Recreation Recovery Program to $350 million. The
amendment failed on a voice vote. Congressman Rick Hill (R-MT)
offered an amendment to the Young ANS which would require that
no action be taken under Title VII, Subtitle B, to introduce
grizzly bears in Idaho and Montana. The amendment failed by
voice vote. Congressman Hill offered an amendment to the Young
ANS which would require a specific plan from the Secretary of
the Interior and Agriculture for acquisitions in the State of
Montana. The amendment failed by a roll call vote of 16-25, as
follows:

The previous question was ordered on the bill by voice
vote. The Young ANS, as amended, was then adopted by voice
vote. The bill as amended was then ordered favorably reported
to the House of Representatives by a roll call vote of 37-12,
as follows:

Partial Section-by-Section Analysis

Section 4. Annual reports

Subsection (a) requires the Governors of each State
receiving monies from the Fund to prepare a report, in
accordance with regulations the Secretary of the Interior
promulgates, accounting for the money received, including the
funded projects and activities.
Subsection (b) requires the Secretary of the Interior, in
consultation with the Secretary of Agriculture, to submit an
annual report to Congress documenting monies the Departments
have spent out of the Fund and summarizing the Governors'
reports required by Section 4(a).

Section 5. Conservation and Reinvestment Act Fund

Subsection (a) establishes the Conservation and
Reinvestment Act Fund and provides that Secretary of the
Treasury deposit monies from the following sources into the
Fund: (1) OCS Revenues up to $2.825 billion; (2) amounts not
dispersed from the Impact Assistance and Coastal Conservation
Fund; (3) interest earned but not dispersed for Payment In Lieu
of Taxes (PILT), Refuge Revenue Sharing, and for the purposes
of the North American Wetlands Conservation Act.
Subsection (b) directs the Secretary of the Treasury to
transfer, starting in Fiscal Year 2001, all amounts in the fund
for specific programs, including to the Secretary of the
Interior for purposes of making payments under this Act:
$1 billion for Impact Assistance and Coastal
Conservation;
$900 million to fund the Land and Water Conservation
Fund;
$350 million for Wildlife Conservation;
$125 million for Urban Parks;
$100 million for Historic Preservation;
$200 million for Federal and Indian Land Restoration;
and
$150 million ($100 million for Permanent Conservation
Easements/$50 million for Threatened and Endangered
Species Recovery).
Subsection (c) provides that any shortfalls proportionally
reduce the above sums.
Subsection (d) provides that up to $200 million of the
interest generated by the Conservation and Reinvestment Act
Fund be used to match the annual appropriations directed toward
the programs of Payment In Lieu of Taxes and Refuge Revenue
Sharing, up to their authorized levels, except that the
interest attributed to Title III will be directed to North
American Wetlands Conservation Act of 1989, as the Pittman-
Robertson Act currently provides.
Subsection (e) provides that refunds are taken from the
Conservation and Reinvestment Act Fund.
During the Full Committee markup of CARA, there was some
discussion about the removal of a 10.5 million ton pile of
uranium mill tailings abutting the entrance to the Arches
National Park in Utah, only 500 feet from the Colorado River.
This is also where America's biking mecca, Moab, is located.
There may be broad conservation and recreational benefits to
removing the tailings, and it may be a case that is consistent
with the goals of this legislation.

Section 6. Limitation of use of available amounts for administration

This Section provides that no more than 2% of the amounts
provided for a program can be expended for administrative
expenses. No funds may be drawn from the wildlife title for
administration.

Section 7. Budgetary treatment of receipts and disbursements

This Section addresses the budgetary treatment of the
receipts into and disbursements out of the Fund.

Section 8. Recordkeeping requirements

This Section requires the Secretary to establish rules
concerning the record keeping and auditing of State and local
governments expending monies from the Fund.

Section 9. Maintenance of effort and matching funding

This Section encourages the maintenance of State and local
funding. With one exception, the State or local government must
maintain or increase its funding to qualify for the Federal
funds. The purpose of H.R. 701 is to supplement and increase
State, local, and non-federal funding for the delineated
conservation programs. This Section also clarifies that amounts
received by a State or local government from the Fund are
treated as Federal funds for matching fund purposes.

Section 10. Sunset

This Section directs that the Conservation and Reinvestment
Act of 1999 sunsets after September 30, 2015.

Section 11. Protection of private property rights

Subsection (a) states that H.R. 701 does not authorize the
taking of private property, in whole or in part, without just
compensation.
Subsection (b) provides that Federal agencies may not
regulate lands or interest therein until such lands, water, or
interests have been acquired by the Federal Government, except
in those circumstances where a specific Act authorizes such
regulation.

Section 12. Signs

This Section provides that the Secretary of the Interior
will design a standardized sign and, where appropriate, require
its installation at sites receiving funds under H.R. 701.

Title I--Impact Assistance and Coastal Conservation

Section 101. Impact assistance formula and payments

Section 101(a) directs the Secretary of the Interior to
transfer the funds established under Section 6(b) to coastal
States which have a Secretary-approved ``Coastal State
Conservation and Impact Assistance Plan,'' agree to provide
reports, and have necessary fiscal control and fund accounting
procedures.
Sections 101(b)(1) and (b)(2) set forth the formula for
which funds shall be directly distributed to coastal States and
Territories. As noted in the definitions, a coastal State has
the same definition found in the Coastal Zone Management Act
(CZMA). Under the Title I formula, only those States which have
the same definition as the CZMA receive Title I funds. Eligible
States will receive an annual distribution based on the
following formula: 50% shall be based both on the inverse
relationship between the minimum distance from a State's
coastline to the OCS lease tracts within 200 miles of that
coastline and the revenues attributed to those leases; 25%
shall be based on the ratio of each eligible coastal State's
coastline to the total of all coastal States' coastlines; and
25% shall be based on the ratio of each coastal State's
population to the total population for all coastal States.
Furthermore, the ``disincentive'' language included in the
definition of ``qualified OCS revenues'' is reiterated in
subsection (b) to emphasize that the 50% portion of States'
allocations, which is based on proximity to production, is
restricted to those areas which are not in moratoria areas,
unless a lease had been issued and was producing prior to
January 1, 1999.
When using the defined term ``producing State'' in Section
101(b)(2) and in all other sections in this Title, it is the
intent of the Committee that ``coastal seaward boundary''
distinguish between those States which have coastlines within
200 miles of production and those States which merely have
inland geographic boundaries within 200 miles of a producing
offshore lease.
Section 101(b)(3) provides a minimum share for coastal
States and a provision to ensure that the total funding
provided to coastal States does not exceed 100% of the funds
available under the Title.
Section 101(c) sets forth that 50% of a producing State's
share will be distributed to coastal political subdivisions
within the coastal zone by the same formula that determines the
State portion. Counties in California with a coastal shoreline,
one or more oil refineries, and that are beyond 200 miles of a
producing lease will be considered as if located within a
distance of 50 miles from the geographic center of any leased
tract.
Section 101(d) sets forth that payments to coastal States
and to coastal political subdivisions shall be made no later
than December 31 in any year.

Section 102. Coastal State conservation and impact assistance plans

This Section sets up the process by which the Secretary of
the Interior provides monies from the Fund to the coastal
States. The coastal State must prepare and submit a plan that
the Secretary shall approve, so long as the plan is consistent
with the uses set forth in this Section, after consultation
with the Secretary of Commerce. The State must involve the
public in the preparation of the plan. The Secretary will use
the plans to ensure that the State's use of monies from the
Fund is consistent with the authorized uses.

Title II--Land and Water Conservation Fund Revitalization

Section 201. Amendment of Land and Water Conservation Fund Act of 1965

This Section simply provides that any references to
amendment or repeal of a statute refers to the Land and Water
Conservation Fund Act of 1965 (``LWCF''), unless otherwise
expressly provided.

Section 202. Extension of fund; treatment of amounts transferred from
Conservation and Reinvestment Act Fund

This Section amends the LWCF to recognize the transfer of
funds under H.R. 701 into the LWCF.

Section 203. Availability of amounts

This Section makes available $900 million for purposes of
the LWCF, without further appropriation.

Section 204. Allocation of fund

This Section amends the LWCF to allocate the funds between
the Federal Government (50%) and States (50%).

Section 205. Use of Federal portion

This Section specifies how the Federal Government can use
the funds. The Federal portion can be used for projects only
after each acquisition is specifically approved (in a line-
item) within the text of an Act making appropriations for the
Department of the Interior or the Department of Agriculture.
The Federal portion can be used only to acquire lands from
willing sellers, unless referred to and approved by Congress.
The Federal portion can only be used to acquire any interest in
lands or water after they are included in the list of
acquisitions that were approved by Congress. The Secretaries of
the Interior and Agriculture must prepare and transmit to
Congress a list of lands proposed for acquisition and must
follow guidelines laid out in this Section. The intent of the
list is to inform Congress, other affected governmental
entities, and the public of the intentions of the agencies and
the need, if any, for Congress to take action. Under the
Doolittle amendment to this Section, a list of surplus lands
under the administrative jurisdiction of the Secretary of the
Interior and the Secretary of Agriculture, for which there is
no demonstrated or compelling need, must be included in the
annual report required by this Section. During the
consideration of the Doolittle amendment, the acceptance of the
amendment was subject to an understanding that further
clarification may be required.
Except for acquisitions specifically authorized by a
Federal law, Federal funds are not available for a particular
project until there is compliance with all applicable laws, and
relevant environmental documents prepared for the project, are
provided to Congress and other affected entities and persons.

Section 206. Allocation of amounts available for State purposes

Under this Section, the Secretary of the Interior
apportions the monies available from the Fund to the States.
The Section sets forth the distribution formula for the States
(30% equally among all States and 70% based upon population).
The Secretary also shall allocate monies to the District of
Columbia and named Territories as if they were States. Indian
tribes and Alaska Native Corporations are also eligible to
compete for funding in the form of competitive grants. For the
purposes of this Act, Tribes and Native Corporations are
considered to be a State solely for the purposes of the
distribution formula. It is not the intent to elevate or
diminish their status in other laws or sections of H.R. 701.
Absent compelling reasons to the contrary, the States shall
allocate at least 50% to local governments.

Section 207. State planning

This Section provides that each State will set its own
priorities and criteria for selecting eligible projects, as
long as the public is involved in the process and the State
publishes a ``State Action Agenda'' within five years of
enactment of CARA. The State Action Agenda should take into
account Federal, regional, and local government resources and
plans for similar activities and correlate State activities
with these activities. Until the State Action Agenda is in
place (but no later than five years from enactment of CARA),
the State shall rely on its existing Comprehensive State Plan.

Section 208. Assistance to States for other projects

This Section amends LWCF to allow States to use funding for
costs relating to acquisition, including costs incurred during
land exchanges, and to provide for public safety.

Section 209. Conversion of property to other use

This Section amends the process for approval of conversion
of State properties that no longer qualify as an outdoor
conservation and recreation facility or are unsafe for such
use. The Secretary must ensure that other conservation and
recreation properties take the place of the converted
properties.

Section 210. Water rights

This Section clarifies that nothing in the newly amended
LWCF affects any water law or interstate compact governing
water, alters any allocations of water rights, or creates any
new water rights.

Title III--Wildlife Conservation and Restoration

Section 301. Purposes

This Section sets forth the purposes of this Title, which
are: (1) to extend the assistance to the States under the
longstanding Federal Aid in Wildlife Restoration Act (popularly
called the ``Pittman-Robertson Act''), including for the
benefit of wildlife and habitat; (2) to promote sound
conservation policies; (3) to encourage participation between
the States and the Federal Government, other State agencies,
and private conservation and recreation organizations; and (4)
to promote public involvement in these processes.

Section 302. Definitions

This Section sets forth definitions of key terms which
recur throughout the Title, including (a) ``Federal Aid in
Wildlife Restoration Act''; (b) ``Wildlife Conservation and
Restoration Program''; (c) ``State Agencies''; and (d)
``Conservation.'' While the term ``Conservation'' does allow
funds to be used for wildlife damage management, it is not
intended that these funds be used for controlling wildlife
damage to livestock and agricultural crops.

Section 303. Treatment of amounts transferred from Conservation and
Reinvestment Act Fund

This Section amends the Pittman-Robertson Act to create a
new subaccount within the Pittman-Robertson Act (the ``wildlife
conservation and restoration account'') and designates the
purposes of the new funding. This new funding is a supplement,
not a replacement, for existing funding.
The States shall use it to develop, revise and implement
wildlife conservation and restoration programs, particularly to
meet the unmet needs of a wide array of wildlife and habitats,
including game and non-game species. Funding is available for
new and existing programs related to conservation, conservation
education, and wildlife-associated recreation. These new
supplemental monies are not designated by CARA for any
particular form of wildlife management or restoration efforts.

Section 304. Apportionment of amounts transferred from Conservation and
Reinvestment Act Fund

This Section sets forth the apportionment of the CARA funds
to the States, the District of Columbia, and the U.S.
Territories. It sets amounts going to the District of Columbia
and the Territories as a percentage of the amount transferred
to the LWCF from the CARA fund, and amounts going to the
individual States based upon a formula of 1/3 based upon land
area and 2/3 based upon population, with upper and lower
limits. This Title provides a Federal match and requires the
States to provide 25 percent of the project costs.
This Section also sets forth the process by which States
apply for funds, describes the circumstances under which the
Secretary of the Interior approves the program and distributes
the funds (including the requirement for a State plan), places
limits on funding related to wildlife-associated recreation,
and clarifies the inapplicability of certain other laws.

Section 305. Education

This Section clarifies that amounts transferred to the
``wildlife conservation and restoration account'' from the CARA
fund are available for wildlife conservation education. This
Section prohibits funds from CARA being used for programs that
oppose the regulated taking of wildlife.

Section 306. Prohibition against diversion

It is the intent of the Committee that States fund this
program, and other programs within this CARA, from new or
excess funds from existing sources of revenue to leverage this
new Federal contribution. Also, States that divert revenue
available to it for conservation of wildlife to other purposes
will not be eligible to receive matching funds under this
Title.

Title IV--Urban Park and Recreation Recovery Program Amendments

Section 401. Amendment of Urban Park and Recreation Recovery Act of
1978

This Section provides that any references to amendment or
repeal of a statute refers to the Urban Park and Recreation
Recovery Act of 1978 (UPARR), unless otherwise expressly
provided.

Section 402. Purpose

This Section sets forth the purpose of the Title, which is
to provide a dedicated source of funding to assist local
governments in improving their park and recreation systems.

Section 403. Treatment of amounts transferred from Conservation and
Reinvestment Act Fund

This Section establishes that amounts transferred from the
CARA fund to the Secretary shall be available to carry out
UPARR and sets limits on the use of these amounts.

Section 404. Authority to develop new areas and facilities

This Section adds the development of new recreation areas
and facilities to the items for which funds under UPARR can be
expended.

Section 405. Definitions

This Section sets forth definitions of key terms which
recur throughout the Title, including ``development grants''
and ``Secretary.''

Section 406. Eligibility

This Section establishes that the Secretary shall determine
need for assistance under UPARR.

Section 407. Grants

This Section provides that the Secretary may provide 70%
matching funds to eligible general purpose local governments
(or its transferee) for rehabilitation, development, and
innovation purposes, after the Secretary approves an
application for such funds.

Section 408. Recovery Action Programs

This Section makes an amendment to the section of UPARR
regarding Recovery Action Programs.

Section 409. State action incentives

This Section requires that the Secretary and the general
purpose local governments should coordinate their recovery
action plans with State plans under the LWCF and that the
Secretary shall encourage States to rely on the local planning
documents.

Section 410. Conversion of recreation property

This Section provides that to the extent a local property
is developed with Federal funds under this Title, the local
government must not convert the property to another use without
the Secretary's approval. The Secretary should approve the
conversion only if no other feasible alternative exists and
there will be a substitution for the converted property.

Section 411. Repeal

This Section repeals Section 1015 of UPARR (16 U.S.C.
2514).

Title V--Historic Preservation Fund

Section 501. Treatment of amounts transferred from Conservation and
Reinvestment Act Fund

This Section establishes that amounts transferred from the
CARA fund to the Secretary shall be available to carry out the
National Historic Preservation Act (NHPA) and sets limits on
the use of these amounts.

Section 502. State use of historic preservation assistance for national
heritage areas and corridors

This Section adds authority for the Secretary to use monies
in the NHPA fund to financially assist the manager of any
national heritage area or corridor.

Title VI--Federal and Indian Lands Restoration

Section 601. Purpose

This Section sets forth the purpose of the Title, which is
to provide a dedicated source of funding for a coordinated
program on Federal and Indian lands to restore degraded lands,
protect threatened resources and promote public health and
safety.

Section 602. Treatment of amounts transferred from Conservation and
Reinvestment Act Fund; allocation

This Section establishes that amounts transferred from the
CARA fund ($200 million) to the Secretary shall be available to
carry out this Title. Sixty percent of these funds are
allocated to the Interior Department for National Park, U.S.
Fish and Wildlife Service and Bureau of Land Management land
projects. Thirty percent is allocated for the National Forest
System and ten percent for qualified Indian tribes.

Section 603. Authorized uses of transferred amounts

This Section limits the use of funds under this Title to
enumerated land restoration projects, resource protection,
maintenance activities and protection of health and safety. It
also sets up a competitive grant program for Indian Tribes
seeking such funds. Each Secretary is obligated to prepare
priority lists for the use of available funds, including the
funds for the Indian Tribe's competitive grant program.

Section 604. Indian Tribe defined

This Section limits ``Indian Tribe'' to those recognized
under section 104 of the Federally Recognized Indian Tribe List
Act of 1994.

Title VII--Conservation Easements and Endangered and Threatened Species
Recovery

Subtitle A--Conservation Easements

Section 701. Purpose

This Section sets forth the purpose of the subtitle, which
is to provide a dedicated source of funding for programs to
provide matching funds to help purchase permanent conservation
easements. During the Committee consideration of CARA, there
was some discussion regarding how and under what conditions
will conservation easements be granted and whether the
Secretary of the Interior was the best administrator for the
program. The author of the bill agreed to continue working to
define this Title before the bill is considered on the Floor.

Section 702. Treatment of amounts transferred from Conservation and
Reinvestment Act Fund

This Section authorizes the Secretary to use funds
transferred from the CARA fund ($100 million) to carry out the
subtitle.

Section 703. Authorized uses of transferred amounts

This Section authorizes the Secretary to use amounts
available under Section 702 for the Conservation Easement
Program (Section 704).

Section 704. Conservation easement program

This Section establishes a new program under which the
Secretary provides grants to a State or local government, an
Indian Tribe, or certain private organizations to acquire and
enforce permanent conservation easements. The State shall
certify that the conservation easement is sufficient under
State law to achieve the conservation purpose. The Secretary
may use no more than 10% of the available funds for technical
assistance to carry out the section. This program has a 50/50
matching requirement.

Subtitle B--Endangered and Threatened Species Recovery

Section 711. Purposes

This Section sets forth the purposes of the subtitle, which
are to provide a dedicated source of funding for an incentive
program to promote the recovery of endangered and threatened
species and their habitats and greater involvement by non-
Federal entities in these efforts.

Section 712. Treatment of amounts transferred from Conservation and
Reinvestment Act Fund

This Section authorizes the Secretary to use amounts
available ($50 million) to carry out this subtitle.

Section 713. Endangered and threatened species recovery assistance

This Section authorizes financial assistance to anyone
developing and implementing an ``Endangered and Threatened
Species Recovery Agreement'' approved by the Secretary and
establishes priorities, qualifications, and restrictions on the
assistance.

Section 714. Endangered and threatened species recovery agreements

This Section authorizes the Secretary to enter into
Endangered and Threatened Species Recovery Agreements and sets
forth the terms that these agreements must contain. The Section
also requires the Secretary to review and approve any proposed
agreement if the Secretary determines that it complies with
this section. Finally, the Secretary must monitor the
implementation of the agreement and, if the agreement is
satisfactorily being implemented, disburse the funds.
During the markup of CARA, Congressman Young and
Congressman Joel Hefley (R-CO) engaged in a colloquy to discuss
the conservation easement language contained within Title VII
of the Young amendment. Congressman Hefley, with his experience
in conservation easement legislation, wanted to ensure that
funds provided for conservation easements would be available to
preserve the living landscape of farming and ranching
communities. Chairman Young agreed that his amendment did so.

Section 715. Definitions

This Section sets forth definitions of key terms which
recur throughout the subtitle, including ``Endangered or
Threatened Species''; ``family farm''; ``Secretary''; ``small
landowner'' (individuals with 50 acres or less land); and
``Species Recovery Agreement.''

Committee Oversight Findings and Recommendations

Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
Rule XIII of the Rules of the House of Representatives, the
Committee on Resources' oversight findings and recommendations
are reflected in the body of this report.

Constitutional Authority Statement

Article I, section 8 and article IV, section 3 of the
Constitution of the United States grant Congress the authority
to enact this bill.

Compliance With House Rule XIII

1. Cost of Legislation.--Clause 3(d)(2) of rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. However, clause 3(d)(3)(B)
of that rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974.
2. Congressional Budget Act.--As required by clause 3(c)(2)
of rule XIII of the Rules of the House of Representatives and
section 308(a) of the Congressional Budget Act of 1974, this
bill does not contain an increase or decrease in revenues or
tax expenditures.
3. Government Reform Oversight Findings.--Under clause
3(c)(4) of rule XIII of the Rules of the House of
Representatives, the Committee has received no report of
oversight findings and recommendations from the Committee on
Government Reform on this bill.
4. Congressional Budget Office Cost Estimate.--Under clause
3(c)(3) of rule XIII of the Rules of the House of
Representatives and section 403 of the Congressional Budget Act
of 1974, the Committee has received the following cost estimate
for this bill from the Director of the Congressional Budget
Office:

U.S. Congress,
Congressional Budget Office.
Washington, DC, February 16, 2000.
Hon. Don Young,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 7091, the
Conservation and Reinvestment Act of 1999.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Deborah Reis.
Sincerely,
Barry B. Anderson
(For Dan L. Crippen).
Enclosure.

congressional budget office cost estimate

H.R. 701--Conservation and Reinvestment Act of 1999

summary

CBO estimates that enacting H.R. 701 would increase direct
spending by about $1.4 billion in fiscal year 2002 and by a
total of $7.8 billion through fiscal year 2005. Assuming
appropriation of the authorization amounts, the bill would also
result in discretionary spending totaling about $3.7 billion
over this period. Because the bill would affect direct
spending, pay-as-you-procedures would apply.
H.R. 701 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA).
The spending authorized by the bill would include grants for
state, local, and tribal governments. Any cost incurred by
these governments to meet the conditions of assistance would be
voluntary.

Direct Spending

H.R. 701 would establish the Conservation and Reinvestment
Act (CARA) Fund within the Treasury. Beginning in fiscal year
2001, the Secretary of the Treasury would make annual deposits
into this fund of about $2.8 billion from oil and natural gas
royalties and other income derived from exploration and
development of the Outer Continental Shelf (OCS). Each year
thereafter, the Secretary would transfer this money to certain
existing federal funds and accounts for land conservation,
acquisition, and management. Most of this money-about $2.4
billion a year--would be available for spending without further
appropriation actions. The balance--$450 million annually--
could not be spent without Congressional approval in a
subsequent appropriation act. Finally, the bill would allow a
portion of the interest earnings of the CARA Fund--an estimated
$18 million annually--to be spent without further
appropriations action.

Discretionary Spending

The bill also would authorize appropriations for existing
federal programs. Section 203 would authorize the appropriation
of $900 million from the Land and Water Conservation Fund for
fiscal year 2002 and each year thereafter. In addition, $450
million from the CARA Fund would become available to the Land
and Water Conservation Fund each year, pending Congressional
approval, in an appropriation act, of properties to be acquired
with these funds. Also, section 5 would authorize the
appropriation of about $53 million a year, from interest earned
on amounts in the CARA Fund, for payments to local governments
in lieu of taxes and for revenue-sharing payments related to
wildlife refuges.

Budgetary Treatment

Section 7 would designate all receipts and spending
associated with this bill as off-budget, meaning that all
affected cash flows would no longer be subject to budgetary
controls of the Congressional Budget Act and the Balanced
Budget and Emergency Deficit Control Act.
Estimated cost to the Federal Government: CBO estimates
that enactment of H.R. 701 would provide new budget authority
of about $9.6 billion over the 2005-2005 period. This amount
includes $9.5 billion as specified in section 5 and about $70
million from interest earnings. Total outlays from new direct
spending authority would be about $1.4 billion in fiscal year
2002 and about $7.8 billion through 2005.
We estimate that the bill also would authorize the
appropriation of $5.6 billion over the 2000-2005 period,
including over $5.4 billion from the Land and Water
Conservation Fund and about $200 million from interest earned
on balances in the CARA Fund. Assuming appropriation of these
amounts, CBO estimates that the resulting discretionary outlays
would total $391 million in 2002 and $3.7 billion through 2005.
The estimated budgetary impact of H.R. 701 is shown in the
following table. The costs of this legislation fall within
budget functions 300 (natural resources and environment) and
800 (general government).

----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars
-----------------------------------------------------------
2000 2001 2002 2003 2004 2005
----------------------------------------------------------------------------------------------------------------
CHANGES IN DIRECT SPENDING

Estimated budget authority.......................... 0 0 2,393 2,393 2,393 2,393
Estimated outlays................................... 0 0 1,394 1,845 2,196 2,354

SPENDING SUBJECT TO APPROPRIATION

Spending under current law:
Budget authority................................ 613 0 0 0 0 0
Estimated outlays............................... 411 351 122 41 4 2
Proposed changes:
Estimated authorization level................... 0 0 1,403 1,403 1,403 1,403
Estimated outlays............................... 0 0 391 863 1,133 1,336
Spending under H.R. 701:
Authorization level \1\......................... 613 0 1,403 1,403 1,403 1,403
Estimated outlays............................... 411 351 513 904 1,137 1,338
----------------------------------------------------------------------------------------------------------------
\1\ The amount for 2000 is the amount appropriated for land acquisition ($467 million), payments in lieu of
taxes ($135 million), and revenue-sharing payments related to wildlife refuges ($11 million).

basis of estimate

For purposes of this estimate, CBO assumes that H.R. 701
will be enacted during fiscal year 2000 and that receipts from
OCS activities will be sufficient to finance the entire amounts
specified to be deposited into the CARA Fund each year. We also
assume that the full amounts allocated to each program or
grantee will be disbursed and that no such amounts will be
returned to the fund in any year. Outlays for all programs have
been estimated on the basis of existing similar activities.

CARA Fund

Beginning in fiscal year 2002, H.R. 701 would provide $2.4
billion in annual budget authority, allocated to activities and
programs as follows:
$1 billion to the Department of the Interior
(DOI) for payments to coastal states to study and
mitigate the effects of OCS activities and for related
conservation programs;
$450 million to the Land and Water
Conservation Fund for federal and state land
acquisition;
A total of $575 million to provide
additional funding for existing DOI grant programs,
including the urban parks and recreation program ($125
million) and historic preservation fund ($100 million)
operated by the National Park Service (NPS), and
federal wildlife restoration ($350 million)
administered by the U.S. Fish and Wildlife Service
(USFWS);
$200 million to DOI, the Forest Service, and
Indian tribes for the protection of resources,
including the restoration of degraded lands and related
maintenance projects; and
$150 million to the USFWS for new programs
to assist state, local, or tribal agencies and
nonprofit organizations in purchasing conservation
easements, and to provide financial assistance to any
person developing and implementing recovery plans for
endangered or threatened species.
In addition, $450 million from the CARA Fund would be
available to be appropriated each year for federal land
acquisition. Under section 205, the Secretary of the Interior
or the Secretary of Agriculture could not spend these funds on
any acquisition of land unless such acquisition is approved by
the Congress in an appropriation act. CBO therefore classifies
the spending of this $450 million as discretionary spending.

Interest Earnings

In addition to the $2.4 billion of specified budget
authority, section 5 also would make the interest earned from
the investment of balances in the CARA Fund available for
fiscal assistance and other purposes, subject to certain
limitations. CBO estimates that interest earnings on balances
in the CARA Fund would be about $70 million annually. Spending
of about $53 million of annual interest earnings would be
subject to appropriation; spending of the remaining $18 million
would be available without further appropriation.

Other Discretionary Spending Effects

In addition to the amounts made available without further
appropriation actions from the Land and Water Conservation
Fund, H.R. 701 would authorize the appropriation of up to $1.35
billion annually from the fund, also beginning in fiscal year
2002. Presently, there is no specific authorization of
appropriations from Land and Water Conservation Fund, which
receives deposits of about $900 million annually, mostly from
OCS receipts. Federal agencies have received fiscal year 2000
appropriations of $467 million from this fund. Assuming the
annual appropriation of the $1.35 billion authorized by the
bill, CBO estimates that this provision would result in outlays
of about $340 million in fiscal year 2002 and about $3.5
billion over the 2002-2005 period. Appropriations of the
interest earnings from the CARA Fund would add another $53
million a year in outlays.

Budgetary Treatment

Section 7 would mandate that $2.825 billion of annual OCS
receipts, as well as all federal spending governed by the bill,
would no longer be counted as receipts, budget authority, or
outlays for purposes of the federal budget, including the
calculation of deficits or surpluses. Such amounts would be
exempt from budget limitations imposed under any federal
statute, including annual allocations of budget authority and
outlays made to Congressional committees under the
Congressional Budget Act. This provision does not affect the
estimated cost of this legislation as reflected in the table
above or the treatment of this bill for Congressional
scorekeeping purposes. Implementation of H.R. 701, however,
would have the effect of reducing the on-budget surplus by a
total of $2.8 billion in fiscal year 2001 and by over $14
billion through 2005 because it would remove a portion of OCS
receipts from the on-budget accounts. It might lead to smaller
on-budget appropriations for programs currently funded from the
Land and Water Conservation Fund, but CBO has no basis for
predicting what that effect would be. Assuming appropriation of
amounts that would be authorized by the legislation, its
enactment would reduce off-budget spending by $2.8 billion in
2001 and by $2.6 billion over the 2001-2005 period.
Pay-as-you-go considerations: Section 252 of the Balanced
Budget and Emergency Deficit Control Act sets up pay-as-you-go
procedures for legislation affecting direct spending or
receipts. The net changes in outlays and governmental receipts
that are subject to pay-as-you-go procedures are shown in the
following table. For the purposes of enforcing pay-as-you-go
procedures, only the effects in the current year, the budget
year, and the succeeding four years are counted. Pay-as-you-go
scoring does not apply to off-budget items. Therefore, the
table below shows the pay-as-you-go impact on two different
bases: (1) ignoring the changes in budgetary treatment
specified by section 7, and (2) reflecting only the on-budget
impacts that would result from implementing section 7.

--------------------------------------------------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars
---------------------------------------------------------------------------------------
2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010
--------------------------------------------------------------------------------------------------------------------------------------------------------
Without Change in Budgetary Treatment

Changes in outlays.............................................. 0 0 1,394 1,845 2,196 2,354 2,393 2,394 2,394 2,394 2,394
Changes in receipts............................................. Not applicable

With Change in Budgetary Treatment

Changes in outlays.............................................. 0 2,825 2,825 2,825 2,825 2,825 2,825 2,825 2,825 2,825 2,825
Changes in receipts............................................. Not applicable
--------------------------------------------------------------------------------------------------------------------------------------------------------

Estimated impact on State, local, and tribal governments:
H.R. 701 contains no intergovernmental mandates as defined in
UMRA. The spending authorized by this bill would include grants
for state, local, and tribal governments. These grants would be
subject to various matching, planning, and maintenance-of-
effort requirements. Any expenditures necessary to meet these
requirements would be voluntary.
Estimated impact on the private sector: None.
Estimate prepared by: Federal costs: Deborah Reis and
impact on State, local, and tribal governments: Marjorie
Miller.
Estimate approved by: Robert A. Sunshine, Assistant
Director for Budget Analysis.

Compliance With Public Law 104-4

This bill contains no unfunded mandates.

Preemption of State, Local, or Tribal Law

This bill is not intended to preempt any State, local, or
tribal law.

Changes in Existing Law Made by the Bill, as Reported

In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):

LAND AND WATER CONSERVATION FUND ACT OF 1965

* * * * * * *

TITLE I--LAND AND WATER CONSERVATION PROVISIONS

* * * * * * *

certain revenues placed in separate fund

Sec. 2. Separate Fund.--During the period ending September
30, 2015, there shall be covered into the land and water
conservation fund in the Treasury of the United States, which
fund is hereby established and is hereinafter referred to as
the ``fund'', the following revenues and collections:
(a) * * *

* * * * * * *

[(c)(1) Other Revenues.--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 this section,
as amended, there are authorized to be appropriated annually to
the fund out of any money in the Treasury not otherwise
appropriated such amounts as are necessary to make the income
of the fund not less than $300,000,000 for fiscal year 1977,
and $900,000,000 for fiscal year 1978 and for each fiscal year
thereafter through September 30, 2015.
[(2) To the extent that any such sums so appropriated are not
sufficient to make the total annual income of the fund
equivalent to the amounts provided in clause (1), an amount
sufficient to cover the remainder thereof shall be credited to
the fund from revenues due and payable to the United States for
deposit in the Treasury as miscellaneous receipts under the
Outer Continental Shelf Lands Act, as amended (43 U.S.C. 1331
et seq.): Provided, That notwithstanding the provisions of
section 3 of this Act, moneys covered into the fund under this
paragraph shall remain in the fund until appropriated by the
Congress to carry out the purpose of this Act.]
(c) Amounts Transferred From Conservation and Reinvestment
Act Fund.--In addition to the sum of the revenues and
collections estimated by the Secretary of the Interior to be
covered into the fund pursuant to subsections (a) and (b) of
this section, there shall be covered into the fund all amounts
transferred to the fund under section 5(b)(2) of the
Conservation and Reinvestment Act of 1999.
[Sec. 3. Appropriations.--Moneys covered into the fund shall
be available for expenditure for the purposes of this Act only
when appropriated therefor. Such appropriations may be made
without fiscal-year limitation.]

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.

* * * * * * *

[allocation of land and water conservation fund for state and federal
purposes

[Sec. 5. Allocation.--There shall be submitted with the
annual budget of the United States a comprehensive statement of
estimated requirements during the ensuing fiscal year for
appropriations from the fund. Not less than 40 per centum of
such appropriations shall be available for Federal purposes.
Those appropriations from the fund up to and including
$600,000,000 in fiscal year 1978 and up to and including
$750,000,000 in fiscal year 1979 shall continue to be allocated
in accordance with this section. There shall be credited to a
special account within the fund $300,000,000 in fiscal year
1978 and $150,000,000 in fiscal year 1979 from the amounts
authorized by section 2 of this Act. Amounts credited to this
account shall remain in the account until appropriated.
Appropriations from the special account shall be available only
with respect to areas existing and authorizations enacted prior
to the convening of the Ninety-fifth Congress, for acquisition
of lands, waters, or interests in lands or waters within the
exterior boundaries, as aforesaid, of--
[(1) the National Park System;
[(2) national scenic trails;
[(3) the National Wilderness Preservation System;
[(4) federally administered components of the
National Wild and Scenic Rivers System; and
[(5) national recreation areas administered by the
Secretary of Agriculture.]

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.

financial assistance to states

Sec. 6. General Authority; Purposes.--(a) * * *
[(b) Apportionment Among States; Notification.--Sums
appropriated and available for State purposes for each fiscal
year shall be apportioned among the several States by the
Secretary, whose determination shall be final, in accordance
with the following formula:
[(1) Forty per centum of the first $225,000,000;
thirty per centum of the next $275,000,000; and twenty
per centum of all additional appropriations shall be
apportioned equally among the several States; and
[(2) At any time, the remaining appropriation shall
be apportioned on the basis of need to individual
States by the Secretary in such amounts as in his
judgment will best accomplish the purposes of this Act.
The determination of need shall include among other
things a consideration of the proportion which the
population of each State bears to the total population
of the United States and of the use of outdoor
recreation resources of individual States by persons
from outside the State as well as a consideration of
the Federal resources and programs in the particular
States.
[(3) The total allocation to an individual State
under paragraphs (1) and (2) of this subsection shall
not exceed 10 per centum of the total amount allocated
to the several States in any one year.
[(4) The Secretary shall notify each State of its
apportionments; and the amounts thereof shall be
available thereafter for payment to such State for
planning, acquisition, or development projects as
hereafter prescribed. Any amount of any apportionment
that has not been paid or obligated by the Secretary
during the fiscal year in which such notification is
given and for two fiscal years thereafter shall be
reapportioned by the Secretary in accordance with
paragraph (2) of this subsection, without regard to the
10 per centum limitation to an individual State
specified in this subsection.
[(5) For the purposes of paragraph (1) of this
subsection, the District of Columbia, Puerto Rico, the
Virgin Islands, Guam, American Samoa, and the
Commonwealth of the Northern Mariana Islands (when such
islands achieve Commonwealth status) shall be treated
collectively as one State, and shall receive shares of
such apportionment in proportion to their populations.
The above listed areas shall be treated as States for
all other purposes of this title.]
(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.
(C) For the purposes of paragraph (1), all federally
recognized Indian tribes and Native Corporations (as defined in
section 3 of the Alaska Native Claims Settlement Act (43 U.S.C.
1602)), shall be eligible to receive shares of the
apportionment under paragraph (1) in accordance with a
competitive grant program established by the Secretary by rule.
The total apportionment available to such tribes and Native
Corporations shall be equivalent to the amount available to a
single State. No single tribe or Native Corporation shall
receive a grant that constitutes more than 10 percent of the
total amount made available to all tribes and Native
Corporations pursuant to the apportionment under paragraph (1).
Funds received by a tribe or Native Corporation under this
subparagraph may be expended only for the purposes specified in
paragraphs (1) and (3) of subsection (a).
(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.

* * * * * * *

[(d) Comprehensive State Plan Required; Planning Projects.--A
comprehensive statewide outdoor recreation plan shall be
required prior to the consideration by the Secretary of
financial assistance for acquisition or development projects.
The plan shall be adequate if, in the judgment of the
Secretary, it encompasses and will promote the purposes of this
Act: Provided, That no plan shall be approved unless the
Governor of the respective State certifies that ample
opportunity for public participation in plan development and
revision has been accorded. The Secretary shall develop, in
consultation with others, criteria for public participation,
which criteria shall constitute the basis for the certification
by the Governor. The plan shall contain--
[(1) the name of the State agency that will have
authority to represent and act for the State in dealing
with the Secretary for purposes of this Act;
[(2) an evaluation of the demand for and supply of
outdoor recreation resources and facilities in the
State;
[(3) a program for the implementation of the plan;
and
[(4) other necessary information, as may be
determined by the Secretary.
The plan shall take into account relevent Federal resources and
programs and shall be correlated so far as practicable with
other State, regional, and local plans. Where there exists or
is in preparation for any particular State a comprehensive plan
financed in part with funds supplied by the Housing and Home
Finance Agency, any statewide outdoor recreation plan prepared
for purposes of this Act shall be based upon the same
population, growth, and other pertinent factors as are used in
formulating the Housing and Home Finance Agency financed plans.
[The Secretary may provide financial assistance to any State
for projects for the preparation of a comprehensive statewide
outdoor recreation plan when such plan is not otherwise
available or for the maintenance of such plan.
[For fiscal year 1988 and thereafter each comprehensive
statewide outdoor recreation plan shall specifically address
wetlands within that State as an important outdoor recreation
resource as a prerequisite to approval, except that a revised
comprehensive statewide outdoor recreation plan shall not be
required by the Secretary, if a State submits, and the
Secretary, acting through the Director of the National Park
Service, approves, as a part of and as an addendum to the
existing comprehensive statewide outdoor recreation plan, a
wetlands priority plan developed in consultation with the State
agency with responsibility for fish and wildlife resources and
consistent with the national wetlands priority conservation
plan developed under section 301 of the Emergency Wetlands
Resources Act or, if such national plan has not been completed,
consistent with the provisions of that section]
(d) State Action Agenda Required.--(1) Each State may define
its own priorities and criteria for selection of outdoor
conservation and recreation acquisition and development
projects eligible for grants under this Act so long as it
provides for public involvement in this process and publishes
an accurate and current State Action Agenda for Community
Conservation and Recreation (in this Act referred to as the
``State Action Agenda'') indicating the needs it has identified
and the priorities and criteria it has established. In order to
assess its needs and establish its overall priorities, each
State, in partnership with its local governments and Federal
agencies, and in consultation with its citizens, shall develop,
within 5 years after the enactment of the Conservation and
Reinvestment Act of 1999, a State Action Agenda that meets the
following requirements:
(A) The agenda must be strategic, originating in
broad-based and long-term needs, but focused on actions
that can be funded over the next 4 years.
(B) The agenda must be updated at least once every 4
years and certified by the Governor that the State
Action Agenda conclusions and proposed actions have
been considered in an active public involvement
process.
(2) State Action Agendas shall take into account all
providers of conservation and recreation lands within each
State, including Federal, regional, and local government
resources, and shall be correlated whenever possible with other
State, regional, and local plans for parks, recreation, open
space, and wetlands conservation. Recovery action programs
developed by urban localities under section 1007 of the Urban
Park and Recreation Recovery Act of 1978 shall be used by a
State as a guide to the conclusions, priorities, and action
schedules contained in State Action Agenda. Each State shall
assure that any requirements for local outdoor conservation and
recreation planning, promulgated as conditions for grants,
minimize redundancy of local efforts by allowing, wherever
possible, use of the findings, priorities, and implementation
schedules of recovery action programs to meet such
requirements.

* * * * * * *

(e) Projects for Land and Water Acquisition; Development.--In
addition to assistance for planning projects, the Secretary may
provide financial assistance to any State for the following
types of projects or combinations thereof if they are in
accordance with the State [comprehensive plan] Action Agenda:
(1) Acquisition of land and waters.--For the
acquisition of land, waters, or interests in land or
waters, or wetland areas and interests therein as
identified in the wetlands provisions of the
[comprehensive plan] State Action Agenda (other than
land, waters, or interests in land or waters acquired
from the United States for less than fair market
value)[, but not including incidental costs relating to
acquisition].

* * * * * * *

(2) Development.--For development of basic outdoor
recreation facilities to serve the general public,
including the development of Federal lands under lease
to States for terms of twenty-five years or more:
Provided, That no assistance shall be available under
this Act to enclose or shelter facilities normally used
for outdoor recreation activities, but the Secretary
may permit local funding, and after the date of
enactment of this proviso not to exceed 10 per centum
of the total amount allocated to a State in any one
year to be used for sheltered facilities for swimming
pools and ice skating rinks in areas where the
Secretary determines that the severity of climatic
conditions and the increased public use thereby made
possible justifies the construction of such facilities
or to enhance public safety within a designated park or
recreation area.
(f) Requirements for Project Approval; Condition.--(1) * * *

* * * * * * *

(3)(A) No property acquired or developed with assistance
under this section shall, without the approval of the
Secretary, be converted to other than public outdoor recreation
uses. [The Secretary shall approve such conversion only if he
finds it to be in accord with the then existing comprehensive
statewide outdoorrecreation plan and only upon such conditions
as he deems necessary to assure the substitution of other
recreation properties of at least equal fair market value and
or reasonably equivalent usefulness and location.: Provided,
That wetland areas and interests therein as identified in the
wetlands provisions of the comprehensive plan and proposed to
be acquired as suitable replacement property within that same
State that is otherwise acceptable to the Secretary, acting
through the Director of the National Park Service, shall be
considered to be of reasonably equivalent usefulness with the
property proposed for conversion.]
(B) The Secretary shall approve such conversion only if the
State demonstrates no prudent or feasible alternative exists
with the exception of those properties that no longer meet the
criteria within the State Plan or Agenda as an outdoor
conservation and recreation facility due to changes in
demographics or that must be abandoned because of environmental
contamination which endangers public health and safety. Any
conversion must satisfy such conditions as the Secretary deems
necessary to assure the substitution of other conservation and
recreation properties of at least equal fair market value and
reasonably equivalent usefulness and location and which are
consistent with the existing State Plan or Agenda; except that
wetland areas and interests therein as identified in the
wetlands provisions of the action agenda and proposed to be
acquired as suitable replacement property within that same
State that is otherwise acceptable to the Secretary shall be
considered to be of reasonably equivalent usefulness with the
property proposed for conversion.

* * * * * * *

allocation of moneys for federal purposes

Sec. 7. (a) * * *

* * * * * * *

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

* * * * * * *

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.

* * * * * * *

----------

FEDERAL AID IN WILDLIFE RESTORATION ACT

* * * * * * *

Sec. 2. For the purposes of this Act the term ``wildlife-
restoration project'' shall be construed to include the
wildlife conservation and restoration program and to mean and
include the selection, restoration, rehabilitation, and
improvement of areas of land or water adaptable as feeding,
resting, or breeding places for wildlife, including acquisition
by purchase, condemnation, lease, or gift of such areas or
estates or interests therein as are suitable or capable of
being made suitable therefor, and the construction thereon or
therein of such works as may be necessary to make them
available for such purposes and also including such research
into problems of wildlife management as may be necessary to
efficient administration affecting wildlife resources, and such
preliminary or incidental costs and expenses as may be incurred
in and about such projects; the term ``State fish and game
department or State fish and wildlife department'' shall be
construed to mean and include any department or division of
department of another name, or commission, or official or
officials, of a State empowered under its laws to exercise the
functions ordinarily exercised by a State fish and game
department[.]; 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. 3. (a)(1) An amount equal to all revenues accruing each
fiscal year (beginning with the fiscal year 1975) from any tax
imposed on specified articles by sections 4161(b) and 4181 of
the Internal Revenue Code of 1986 (26 U.S.C. 4161(b), 4181)
shall, subject to the exemptions in section 4182 of such Code,
be covered into the Federal aid to wildlife restoration fund in
the Treasury (hereinafter referred to as the ``fund'') and is
authorized to be appropriated and made available until expended
to carry out the purposes of this Act. So much of such
appropriation apportioned to any State for any fiscal year as
remains unexpended at the close thereof is authorized to be
made available for expenditure in that State until the close of
the succeeding fiscal year. Any amount apportioned to any State
under the provisions of this Act which is unexpended or
unobligated at the end of the period during which it is
available for expenditure on any project is authorized to be
made available for expenditure by the Secretary of Agriculture
in carrying out the provisions of the Migratory Bird
Conservation Act.
(2) There is established in the Federal aid to wildlife
restoration fund a subaccount to be known as the ``wildlife
conservation and restoration account''. Amounts transferred to
the fund for a fiscal year under section 5(b)(3) of the
Conservation and Reinvestment Act of 1999 shall be deposited in
the subaccount and shall be available without further
appropriation, in each fiscal year, for apportionment in
accordance with this Act to carry out State wildlife
conservation and restoration programs.

* * * * * * *

(c) Amounts transferred to the fund from the Conservation and
Reinvestment Act Fund and apportioned under subsection (a)(2)
shall supplement, but not replace, existing funds available to
the States from the sport fish restoration account and wildlife
restoration account and shall be used for the development,
revision, and implementation of wildlife conservation and
restoration programs and should be used to address the unmet
needs for a diverse array of wildlife and associated habitats,
including species that are not hunted or fished, for wildlife
conservation, wildlife conservation education, and wildlife-
associated recreation projects. Such funds may be used for new
programs and projects as well as to enhance existing programs
and projects.
(d)(1) Notwithstanding subsections (a) and (b) of this
section, with respect to amounts transferred to the fund from
the Conservation and Reinvestment Act Fund so much of such
amounts as is apportioned to any State for any fiscal year and
as remains unexpended at the close thereof shall remain
available for expenditure in that State until the close of--
(A) the fourth succeeding fiscal year, in the case of
amounts transferred in any of the first 10 fiscal years
beginning after the date of enactment of the
Conservation and Reinvestment Act of 1999; or
(B) the second succeeding fiscal year, in the case of
amounts transferred in a fiscal year beginning after
the 10-fiscal-year period referred to in subparagraph
(A).
(2) Any amount apportioned to a State under this subsection
that is unexpended or unobligated at the end of the period
during which it is available under paragraph (1) shall be
reapportioned to all States during the succeeding fiscal year.
Sec. 4. (a) * * *

* * * * * * *

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

* * * * * * *

Sec. 8. (a) Maintenance of wildlife-restoration projects
established under the provisions of this Act shall be the duty
of the State in accordance with their respective laws.
Beginning July 1, 1945, the term ``wildlife-restoration
project'', as defined in section 2 of this Act, shall include
maintenance of completed projects. Notwithstanding any other
provisions of this Act, funds apportioned to a State under this
Act may be expended by the State for management (exclusive of
law enforcement and public relations) of wildlife areas and
resources. 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.

* * * * * * *

----------

URBAN PARK AND RECREATION RECOVERY ACT OF 1978

* * * * * * *

TITLE X--URBAN PARK AND RECREATION RECOVERY PROGRAM

short title

Sec. 1001. This title may be cited as the ``Urban Park and
Recreation Recovery Act of 1978''.

* * * * * * *

Sec. 1003. The purpose of this title is to authorize the
Secretary to establish an urban park and recreation recovery
program which would provide Federal grants to economically
hard-pressed communities specifically for the rehabilitation of
critically needed recreation areas, facilities, development of
new recreation areas and facilities, including the acquisition
of lands for such development, and development of improved
recreation programs. This program is intended to complement
existing Federal programs such as the Land and Water
Conservation Fund and Community Development Grant Programs by
encouraging and stimulating local governments to revitalize
their park and recreation systems and to make long-term
commitments to continuing maintenance of these systems. Such
assistance shall be subject to such terms and conditions as the
Secretary considers appropriate and in the public interest to
carry out the purposes of this title. It is further the purpose
of this title to improve recreation facilities and expand
recreation services in urban areas with a high incidence of
crime and to help deter crime through the expansion of
recreation opportunities for at-risk youth. It is the further
purpose of this section to increase the security of urban parks
and to promote collaboration between local agencies involved in
parks and recreation, law enforcement, youth social services,
and juvenile justice system.

definitions

Sec. 1004. When used in this title the term--
(a) * * *

* * * * * * *

(j) ``State'' means any State of the United States or
any instrumentality of a State approved by the
Governor; the Commonwealth of Puerto Rico, and insular
areas; [and]
(k) ``insular areas'' means Guam, the Virgin Islands,
American Samoa, and the Northern Mariana Islands[.];
(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. 1005. [(a) Eligibility of general purpose local
governments for assistance under this title shall be based upon
need as determined by the Secretary. Within one hundred and
twenty days after the effective date of this title, the
Secretary shall publish in the Federal Register, a list of the
local governments eligible to participate in this program, to
be accompanied by a discussion of criteria used in determining
eligibility. ``Such criteria shall be based upon factors which
the Secretary determines are related to deteriorated
recreational facilities or systems, and physical and economic
distress.''] (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.

* * * * * * *

[grants to implement program

[Sec. 1006. (a) The Secretary is authorized to provide 70 per
centum matching rehabilitation and innovative grants directly
to eligible general purpose local governments upon his approval
of applications therefor by the chief executives of such
governments.
[(1) At the discretion of such applicants, and if consistent
with an approved application, rehabilitation and innovation
grants may be transferred in whole or in part to independent
special purpose local governments, private nonprofit agencies
or county or regional park authorities: Provided, That assisted
recreation areas and facilities owned or managed by them offer
recreation opportunities to the general population within the
jurisdictional boundaries of an eligible applicant.
[(2) Payments may be made only for those rehabilitation or
innovative projects which have been approved by the Secretary.
Such payments may be made from time to time in keeping with the
rate of progress toward the satisfactory completion of a
project, except that the Secretary may, when appropriate, make
advance payments on approved rehabilitation and innovative
projects in an amount not to exceed 20 per centum of the total
project cost.]

grants

Sec. 1006. (a)(1) The Secretary may provide 70 percent
matching grants for rehabilitation, development, and innovation
purposes to any eligible general purpose local government upon
approval by the Secretary of an application submitted by the
chief executive of such government.
(2) At the discretion of such an applicant, a grant under
this section may be transferred in whole or part to independent
special purpose local governments, private nonprofit agencies,
or county or regional park authorities, if--
(A) such transfer is consistent with the approved
application for the grant; and
(B) the applicant provides assurance to the Secretary
that the applicant will maintain public recreation
opportunities at assisted areas and facilities owned or
managed by the applicant in accordance with section
1010.
(3) Payments may be made only for those rehabilitation,
development, or innovation projects that have been approved by
the Secretary. Such payments may be made from time to time in
keeping with the rate of progress toward completion of a
project, on a reimbursable basis.
[(3)] (4) The Secretary may authorize modification of an
approved project only when a grantee has adequately
demonstrated that such modification is necessary because of
circumstances not foreseeable at the time a project was
proposed.

* * * * * * *

local commitments to system recovery and maintenance

Sec. 1007. (a) As a requirement for project approval, local
governments applying for assistance under this title shall
submit to the Secretary evidence of their commitments to
ongoing planning, development, rehabilitation, service,
operation, and maintenance programs for their park and
recreation systems. These commitments will be expressed in
local park and recreation recovery action programs which
maximize coordination of all community resources, including
other federally supported urban development and recreation
programs. During an initial interim period to be established by
regulations under this title, this requirement may be satisfied
by local government submissions of preliminary action programs
which briefly define objectives, priorities, and implementation
strategies for overall system recovery and maintenance and
commit the applicant to a scheduled program development
process. Following this interim period, all local applicants
shall submit to the Secretary, as a condition of eligibility, a
five-year action program for park and recreation recovery that
satisfactorily demonstrate:
(1) * * *
(2) adequate planning for development and
rehabilitation of specific recreation areas and
facilities, including projections of the cost of
proposed projects;

* * * * * * *

state action incentive

Sec. 1008. (a) In General._The Secretary is authorized to
increase Federal implementation grants authorized in section
1006 by providing an additional match equal to the total match
provided by a State of up to 15 per centum of total project
costs. In no event may the Federal matching amount exceed 85
per centum of total project cost. [The Secretary shall further
encourage the States to assist him in assuring that local
recovery plans and programs are adequately implemented by
cooperating with the Department of the Interior in monitoring
local park and recreation recovery plans and programs and in
assuring consistency of such plans and programs, where
appropriate, with State recreation policies as set forth in
statewide comprehensive outdoor recreation plans.]
(b) Coordination With Land and Water Conservation Fund
Activities.--(1) The Secretary and general purpose local
governments are encouraged to coordinate preparation of
recovery action programs required by this title with State
Plans or Agendas required under section 6 of the Land and Water
Conservation Fund Act of 1965, including by allowing
flexibility in preparation of recovery action programs so they
may be used to meet State and local qualifications for local
receipt of Land and Water Conservation Fund grants or State
grants for similar purposes or for other conservation or
recreation purposes.
(2) The Secretary shall encourage States to consider the
findings, priorities, strategies, and schedules included in the
recovery action programs of their urban localities in
preparation and updating of State plans in accordance with the
public coordination and citizen consultation requirements of
subsection 6(d) of the Land and Water Conservation Fund Act of
1965.

* * * * * * *

[conversion of recreation property

[Sec. 1010. No property improved or developed with assistance
under this title shall, without the approval of the Secretary,
be converted to other than public recreation uses. The
Secretary shall approve such conversion only if he finds it to
be in accord with the current local park and recreation
recovery action program and only upon such conditions as he
deems necessary to assure the provision of adequate recreation
properties and opportunities of reasonably equivalent location
and usefulness.]

conversion of recreation property

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

* * * * * * *

[authorization of appropriations

[Sec. 1013. (a) In General.--There are hereby authorized to
be appropriated for the purposes of this title, not to exceed
$150,000,000 for each of the fiscal years 1979 through 1982,
and $125,000,000 in fiscal year 1983, such sums to remain
available until expended. Not more than 3 per centum of the
funds authorized in any fiscal year may be used for grants for
the development of local park and recreation recovery action
programs pursuant to sections 1007(a) and 1007(c), and not more
than 10 per centum may be used for innovation grants pursuant
to section 6 of this title. Grants made under this title for
projects in any one State shall not exceed in the aggregate 15
per centum of the aggregate amount of funds authorized to be
appropriated in any fiscal year. For the authorizations made in
this section, any amounts authorized but not appropriated in
any fiscal year shall remain available for appropriation in
succeeding fiscal years.
[Notwithstanding any other provision of this Act, or any
other law, or regulation, there is further authorized to be
appropriated $250,000 for each of the fiscal years 1979 through
1983, such sums to remain available until expended, to each of
the insular areas. Such sums will not be subject to the
matching provisions of this section, and may only be subject to
such conditions, reports, plans, and agreements, if any, as
determined by the Secretary.
[(b) Program Support.--Not more than 25 percent of the
amounts made available under this title to any local government
may be used for program support.]

treatment of amounts transferred from conservation and reinvestment act
fund

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

* * * * * * *

[sunset and reporting provisions

[Sec. 1015. (a) Within ninety days of the expiration of this
authority, the Secretary shall report to the Congress on the
overall impact of the urban park and recreation recovery
program.]

* * * * * * *

----------

NATIONAL HISTORIC PRESERVATION ACT

* * * * * * *

TITLE I

* * * * * * *

Sec. 108. (a) To carry out the provisions of this Act, there
is hereby established the Historic Preservation Fund (hereafter
referred to as the ``fund'') in the Treasury of the United
States.
[There shall be covered into such fund $24,400,000 for fiscal
year 1977, $100,000,000 for fiscal year 1978, $100,000,000 for
fiscal year 1979, $150,000,000 for fiscal year 1980, and
$150,000,000 for fiscal year 1981 and $150,000,000 for each of
fiscal years 1982 through 1997, from revenues due and payable
to the United States under the Outer Continental Shelf Lands
Act (67 Stat. 462, 469), as amended (43 U.S.C. 338), and/or
under the Act of June 4, 1920 (41 Stat. 813), as amended (30
U.S.C. 191), notwithstanding any provision of law that such
proceeds shall be credited to miscellaneous receipts of the
Treasury. Such moneys shall be used only to carry out the
purposes of this Act and shall be available for expenditure
only when appropriated by the Congress. Any moneys not
appropriated shall remain available in the fund until
appropriated for said purposes: Provided, That appropriations
made pursuant to this paragraph may be made without fiscal year
limitation.]
(b) Amounts transferred to the Secretary under section
5(b)(5) of the Conservation and Reinvestment Act of 1999 in a
fiscal year shall be deposited into the Fund and shall be
available without further appropriation, in that fiscal year,
to carry out this Act.
(c) At least \1/2\ of the funds obligated or expended each
fiscal year under this Act shall be used in accordance with
this Act for preservation projects on historic properties. In
making such funds available, the Secretary shall give priority
to the preservation of endangered historic properties.

* * * * * * *

SEC. 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.

* * * * * * *

DISSENTING VIEWS

Despite best intentions of the authors, H.R. 701 continues
to fail on four critical points: (1) basic protections for
private property owners; (2) fiscal responsibility of our
current national parks and public lands; (3) rights for
recreational access; (4) preserving the future of America's
farming communities.
H.R. 701 took a tragic turn when members of the committee
voted down an amendment that would have affirmed the
constitutional rights of a property owner. This amendment would
have preserved the legal rights of a private landowner when
agency actions threatened those rights as a result of this
legislation. Such a repudiation of the 5th Amendment of the
United States Constitution is alarming. As reported out of the
committee, H.R. 701 has Congress turning its back on the United
States landowner and failing to uphold the Constitution.
Under H.R. 701, private landowners who have taken best care
of their property are likely to be the first ones targeted for
Land and Water Conservation Fund acquisitions, since their land
will have the highest values for wildlife. CARA penalizes sound
private land management that promotes wildlife habitat, by
increasing the land's value, which lead to government agencies
targeting those parcels for acquisition and additional
regulations. Just because the federal government is going to
take over and manage lands, does not mean they will do a better
job of preserving that land for wildlife and habitat. Monies
designated for acquisitions would be better spent on wildlife
habitat stewardship programs. In turn, the federal government
actually benefits in not purchasing more lands--a point that
H.R. 701 fails to recognize.
In addition, rural municipalities and counties benefit in
keeping private lands private. Tax revenues will be lost when
CARA financed purchases take private property off the tax
rolls. This degrades basic services such as education, police
and fire control. CARA provides for increased PILT payments,
but does not replace all lost tax revenue.
As the government or a non-profit in a small community buys
land, people are forced out of their homes. Further, everybody
who desires recreational access will see some of that access
diminished. There is less business to keep a retail store
running, a smaller congregation to keep a church's doors open,
and less reason to justify keeping a school or post office in
the area. After a point, government land acquisition causes a
community to lose critical mass, and it ceases to be a
community.
CARA places special emphasis on targeting inholders for
acquisition. Inholders are owners of private property within
and surrounded by government lands. They frequently provide the
most accessible and sometimes the only supplies and campgrounds
for visitors to national parks, forests and wildlife refuges.
Many inholders have undeveloped property, use it for family
recreation, and allow access through it to other parts of the
park or forest.
Even though there is greatly increased demand for
recreation, in the last 25 years, the number of privately
operated campgrounds has declined by more than 30%. This has
deprived inholders of a source of income and tourists and
visiting families access to their own federal lands. CARA, with
its unprecedented funding and power of condemnation, is a
direct threat to recreational access for all Americans.
H.R. 701 includes seven trust funds taking federal tax
dollars away from the legislative process and handing it
directly to various state and federal agencies. Many of the
purposes of these trust funds have nothing to do with the
original intent of Outer Continental Shelf revenues, which is
environmental mitigation of coastal areas impacted by offshore
oil exploration.
As authorizers, it is negligent to continue ignoring the $5
billion maintenance backlog in our existing national parks and
other federal lands that has been identified by the
Appropriations Committee's Subcommittee on Interior.
Unfortunately, this is exactly what CARA does. This backlog
includes maintaining trails, park benches, roads, public
bathrooms and improved housing and administrative offices for
land management agency employees. We believe that the federal
government should be properly maintaining and managing what it
already owns, before approving a trust fund that will finance
massive new land acquisitions.
We have the utmost respect for our colleagues who are the
authors of this legislation, and it is with reluctance we
submit these dissenting views. We hope that our concerns are
considered by the authors and that legislative language can be
incorporated into H.R. 701 before it is considered on the
floor.

Helen Chenoweth-Hage.
Bob Schaffer.
Mac Thornberry.
George Radanovich.
Barbara Cubin.
John E. Peterson.