[House Report 106-612]
[From the U.S. Government Publishing Office]





106th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     106-612

=======================================================================




 
   PROVIDING FOR THE CONSIDERATION OF H.R. 701, THE CONSERVATION AND 
                        REINVESTMENT ACT OF 1999

                                _______
                                

 May 9, 2000.--Referred to the House Calendar and ordered to be printed

                                _______
                                

Mr. Hastings of Washington, from the Committee on Rules, submitted the 
                               following

                              R E P O R T

                       [To accompany H. Res. 497]

    The Committee on Rules, having had under consideration 
House Resolution 497, by a nonrecord vote, report the same to 
the House with the recommendation that the resolution be 
adopted.

                summary of provisions of the resolution

    The resolution provides for the consideration of H.R. 701, 
the Conservation and Reinvestment Act of 1999, under a 
structured rule. The rule provides 90 minutes of general debate 
divided equally between the chairman and ranking minority 
member of the Committee on Resources.
    The rule waives all points of order against consideration 
of the bill. The rule makes in order the text of H.R. 4377 as 
an original bill for the purpose of amendment, in lieu of the 
amendment in the nature of a substitute now printed in the 
bill, which shall be considered as read. The rule also waives 
all points of order against the amendment in the nature of a 
substitute.
    The rule makes in order only those amendments printed in 
this report. The amendments made in order may be offered only 
in the order printed in this report, may be offered only by a 
Member designated in this report, shall be considered as read, 
shall be debatable for the time specified in this report 
equally divided and controlled by the proponent and an 
opponent, shall not be subject to amendment, and shall not be 
subject to a demand for a division of the question in the House 
or in the Committee of the Whole. The rule waives all points of 
order against the amendments printed in this report.
    The Chairman of the Committee of the Whole may postpone 
votes during consideration of the bill, and reduce voting time 
to five minutes on a postponed question if the vote follows a 
fifteen minute vote. Finally, the rule provides one motion to 
recommit with or without instructions.
      
    Young (AK)/George Miller/Tauzin/Dingell/Boehlert/John/
Markey/Pallone--Eliminates the perception that the bill 
includes incentives for new oil and gas drilling by removing 
the 5-year update on the state allocation formula; defines the 
already existing program requirement within the bill; and 
creates a program for state projects of regional or national 
significance to be administered by the Secretary of the 
Interior in a competitive program consisting only of projects 
requested by the affected states: (20 minutes)
    Regula--Allows those states which currently allow offshore 
drilling to receive the majority of the funding under Title I 
of the bill. (20 minutes)
    Radanovich--Amends Section 5, relating to ``the Fund,'' to 
require full funding of the amounts authorized for PILT and 
Refuge Revenue Sharing, if amounts otherwise made available in 
the bill are insufficient. These payments are made to countries 
and local governments to support essential local services 
because the Federal lands are not subject to property tax. (20 
minutes)
    Pombo/Tancredo--Increases funding for the Urban Parks and 
Recreation Recovery Act program by $225,000,000 over the 
current bill; increases funding for the Farmland Protection 
program by $125,000,000 over the current bill; and increases 
funding for the Endangered and Threatened Species Recovery 
program by $100,000,000 over the current bill. These funding 
increases are offset by reducing the amount of money 
transferred from the Conservation and Reinvestment Act Fund to 
the Land and Water Conservation Fund. 100% of the Land and 
Water Conservation Fund will be made available for grants to 
the States. (20 minutes)
    Souder--Clarifies that funding provided by CARA is intended 
to supplement annual appropriations for the National Park 
Service. (10 minutes)
    Shadegg--Conditions the annual transfer of funds to the 
CARA Trust Fund on the following: certification that Congress 
is on track to eliminate all publicly held debt by 2031; 
certification that there is not an on-budget deficit; 
certification that Social Security is not scheduled to run a 
deficit within the next 5 years; and certification that 
Medicare is not scheduled to run a deficit within the next 5 
years. (20 minutes)
    Chenoweth-Hage--Prohibits funds from being used in the Act 
for the establishment or management of a national monument 
designated after 1995 under the Antiquities Act. (20 minutes)
    Pombo--Prevents non-federal landowners, who become 
neighbors of the federal government resulting from an action 
authorized under this legislation, from having those rights 
that allow the use and enjoyment of their property diminished. 
(20 minutes)
    Peterson (CA--Prohibits amounts available in the bill from 
being used for acquisition of land by the Federal government 
except lands located within exterior boundaries designated 
before the date of enactment. These boundaries include the 
National Park System,

the National Wilderness Preservation System, the National 
Wildlife Refuge System, the National Forest System, the 
national system of trails established by the National Trails 
System Act, federally administered components of the National 
Wild and Scenic Rivers system, and the national recreation 
areas administered by the Secretary of Agriculture. (20 
minutes)
    Chambliss--Shifts the date that mandatory spending for 
programs in the bill begins from fiscal year 2002 to fiscal 
year 2006. (20 minutes)
    Chenoweth-Hage--Strikes a provision in Title I of the bill 
which treats one country in California not eligible to receive 
impact assistance as if it were eligible to receive funds. 
Thus, the amendment will eliminate this special ``carve out'' 
for this one county. (10 minutes)
    Hastings (WA)/Regula--Requires that 50% of the federal 
share of the funding for the Land and Water Conservation Fund 
provided in the bill be used to maintain and manage lands 
already in federal ownership. (20 minutes)
    Sweeny/McHugh--Provides local governments with the 
opportunity to object to projects listed under state and 
Federal land acquisition plans under the LWCF. Affected local 
governments are notified of relevant acquisition proposals and 
are given 90 days to submit a resolution of disapproval to the 
Secretary or the Governor, depending upon whether the listing 
is in the federal or state plan. For state LWCF funding, the 
amendment requires states to notify each affected local 
government entity (state political subdivision) of each land 
acquisition proposal included in the state action agenda and, 
upon notification, state and local governments have 90 days to 
transmit to the Governor a resolution of disapproval. (20 
minutes)
    Simpson/Walden--Requires the Federal government, when 
acquiring land in a state in which 50% or more of the land in 
the state is owned by the Federal government, to either dispose 
of an equal amount of land or obtain the approval of the state 
via passage of a specific state law before acquiring additional 
land. (20 minutes)
    Duncan--Changes the distribution of the $450 million 
funding for the stateside portion of the Land and Water 
Conservation Fund as follows: 50% divided equally amongthe 
states; and 50% divided among the states based on the number of species 
listed as threatened or endangered in each state. (10 minutes)
    Regula--Requires that states have a dedicated State Land 
Acquisition Fund. Federal funding dedicated to states lacking 
such plans will be reapportioned to those states that have 
dedicated state land acquisition funding accounts. (10 minutes)
    Moran (KS)--Clarifies that state-side portion of the Land 
and Water Conservation funds may be used for maintenance and 
capital improvements. (10 minutes)
    Kind--Calls for the establishment of a sediment and 
nutrient monitoring network in the Upper Mississippi River 
Basin for the purpose of reducing sediment and nutrient losses 
from the surrounding landscape. (10 minutes)
    Calvert--Ensures that land owners are not forced to sell 
their property, and that all land owners are treated fairly in 
the process. The current willing seller provision in the bill 
applies only to the federal portion of funds, thus not 
guaranteeing that landowners property will not be condemned by 
state or local governments. (20 minutes)
    Hill (MT)--Prohibits any federal acquisition of lands in 
the State of Montana until the Secretaries of Interior and 
Agriculture issue a plan for acquisition and disposal of lands 
in the State of Montana. (10 minutes)
    Buyer--Strikes non-profit organizations from using federal 
funds for the purpose of conservation easements. (10 minutes)
    Chenoweth-Hage--Strikes a provision in Title III of CARA 
which opens the door for funding to go to organizations which 
engage in ``public outreach,'' species re-introduction and 
numerous other uses not currently in the law. (10 minutes)
    Udall (CO)--Amends Section 702 of the bill to add the Urban 
and Community Forestry Assistance Program to the list of 
programs for which the Secretary of Agriculture could use funds 
provided under section 5(b)(7). (20 minutes)
    Gibbons--Allows the Bureau of Land Management to auction 
public land identified for disposal in their Land Management 
Plans. (10 minutes)
    Ose--Adds a new title at the end of the bill stipulating 
that amounts made available in the Act shall only be available 
for grants to states to provide assistance to incorporated 
cities, and to counties with a population of 1,000,000 or more. 
The amendment stipulates that amounts available in the bill may 
not be expended unless: Payment In-Lieu of Taxes (PILT) and 
Refuge Revenue Sharing payments are fully funded, and payments 
authorized in previous years have been made; and appropriate 
House and Senate Committees certify the maintenance and repair 
backlog on the existing National Parks, National Monuments, 
National Forests and lands managed by the Bureau of Land 
Management has been completed. (10 minutes)
    Thornberry--Amendment in the Nature of a Substitute. Very 
similar to H.R. 701 except that it strengthens private property 
and PILT programs, addresses public maintenance problems in 
public parks, and makes the funding discretionary for the first 
five years that the bill is enacted. (40 minutes)
    Amendment summaries provided by amendment sponsors.

            TEXT OF AMENDMENTS MADE IN ORDER UNDER THE RULE

  1. An Amendment To Be Offered by Representative Young of Alaska, or 
 Representative George Miller of California, or a Designee, Debatable 
                             for 20 Minutes

  Page 21, line 9, strike ``for the'' and all that follows down 
through ``period'' in line 13.
  Page 21, line 24, strike ``for the 5-year period concerned''.
  Page 25, strike lines 11 through 15 and insert:
                  ``(B) A program for the implementation of the 
                plan which shall include (i) a description of 
                how the plan will address environmental 
                concerns, (ii) for producing States, a 
                description of how funds will be used to 
                address the impacts of oil and gas production 
                from the Outer Continental Shelf, and (iii) a 
                description of how the State will evaluate the 
                effectiveness of the plan.
  Page 26, line 18, after ``used'' insert ``in compliance with 
Federal and State law''.
  Page 33, line 22, strike ``Indian''.
  Page 39, line 11, strike ``paragraphs'' and insert 
``clauses''.
  Page 39, after line 21, insert:
  (d) State Projects of Regional or National Significance.--
Section 6(b) (16 U.S.C. 460l-8(b)) is amended by adding the 
following at the end:
  ``(7)(A) Any amounts available in addition to those amounts 
made available under section 5 of the Conservation and 
Reinvestment Act of 2000 in a fiscal year shall be available 
without further appropriation to the Secretary of the Interior 
to be distributed among the several States under a competitive 
grant program for State projects as authorized under section 
6(e)(1) of national or regional significance involving one or 
more States.
  ``(B) The Secretary shall award grants only to projects that 
would conserve open space and either conserve wildlife habitat, 
protect water quality, or otherwise enhance the environment, or 
that would protect areas that have historic or cultural value. 
The Secretary shall give preference to projects that would be 
most likely to have the greatest benefit to the environment 
regionally or nationally and would maintain or enhance 
recreational opportunities.''.

                              ----------                              


 2. An Amendment To Be Offered by Representative Regula of Ohio, or a 
                   Designee, Debatable for 20 Minutes

    Page 4, line 13, before the period insert ``, except that 
no State may be treated as a coastal State in any fiscal year 
in which there is a Federal moratorium on offshore leasing and 
related activities off the coast of that State.''.

                              ----------                              


     3. An Amendment To Be Offered by Representative Radanovich of 
          California, or a Designee, Debatable for 20 Minutes

    Page 9, line 18, after ``deposited in the fund'' insert the 
following: ``that remain after the application of subsection 
(f) for the fiscal year,''.
    Page 15, after line 8, insert the following:
    (f) Full Funding of PILT and Refuge Revenue Sharing.--To 
the extent that amounts available under subsection (d) for a 
fiscal year are not sufficient to pay all amounts authorized to 
be paid for the fiscal year under chapter 69 of title 31, 
United States Code (relating to payment in lieu of taxes), and 
section 401 of the Act of June 15, 1935 (49 Stat. 383; 16 
U.S.C. 715s; relating to refuge revenue sharing), amounts in 
the Fund shall be used to make such payments.

                              ----------                              


4. An Amendment To Be Offered by Representative Pombo of California, or 
 Representative Tancredo of Colorado, or a designee, Debatable for 20 
                                Minutes

    Page 10, line 2, strike ``$900,000,000'' and insert 
$450,000,000''.
    Page 10, line 8, strike ``$125,000,000'' and insert 
$350,000,000''.
    Page 10, line 17, strike ``$100,000,000'' and insert 
$225,000,000''.
    Page 10, line 24, strike ``$50,000,000'' and insert 
$150,000,000''.
    Page 11, line 5, strike ``$2,825,000,000'' and insert 
$2,700,000,000''.
    Page 30, beginning at line 24, strike ``Act--'' and all 
that follows through page 31, line 5, and insert ``Act, 100 
percent shall be available only for grants to States.''.

                              ----------                              


5. An Amendment To Be Offered by Representative Souder of Indiana, or a 
                   Designee, Debatable for 10 Minutes

    Page 15, after line 8, insert the following:
    (f) Intent of Congress to Supplement Annual Appropriations 
for National Park Service.--Amounts made available by this Act 
are intended by the Congress to supplement, and not detract 
from, annual appropriations for the National Park Service.

                              ----------                              


6. An Amendment To Be Offered by Representative Shadegg of Arizona, or 
                  a Designee, Debatable for 20 Minutes

  Page 15, after line 8, insert the following:
  (f) Ensuring Social Security and Medicare Solvency.--The 
Secretary of the Treasury shall not transfer funds to the 
Conservation and Reinvestment Act Fund under this Act during 
any fiscal year unless--
          (1) the Director of the Congressional Budget Office 
        has certified that the House and Senate have approved 
        legislation that--
                  (A) ensures that a sufficient portion of the 
                on-budget surplus is reserved for debt 
                retirement to put the Government on a path to 
                eliminate the publicly held debt by fiscal year 
                2013 under current economic and technical 
                projections; and
                  (B) ensures that there is not an on-budget 
                deficit for that fiscal year;
          (2) the Board of Trustees of the Federal Old-Age and 
        Survivors Insurance Trust Fund and the Federal 
        Disability Insurance Trust Fund has certified that 
        outlays from such trust funds are not anticipated to 
        exceed the revenues to such trust funds during any of 
        the next 5 fiscal years; and
          (3) the Board of Trustees of the Federal Hospital 
        Insurance Trust Fund has certified that the outlays 
        from such trust fund are not anticipated to exceed the 
        revenues to such trust fund during any of the next 5 
        fiscal years.
                              ----------                              


   7. An Amendment To Be Offered by Representative Chenoweth-Hage of 
             Idaho, of a designee, Debatable for 20 Minutes

    Page 15, after line 17, insert the following new section 
and make the necessary conforming changes in the table of 
contents:

SEC. 6A. NATIONAL MONUMENTS.

    No funds made available by this Act (including the 
amendments made by this Act) may be used for the establishment 
or management of a national monument designated after 1995 
under the Act of June 8, 1906, commonly known as the 
``Antiquities Act'' (16 U.S.C. 431 and following).

                              ----------                              


8. An Amendment To Be Offered by Representative Pombo of California, or 
                  a Designee, Debatable for 20 minutes

    Page 18, line 1, after ``unless'', insert ``specifically''
    Page 18, after line 2, insert the following
    (c) Protection of Rights in Non-Federal Property From 
Federal Acquisition of Nearby Lands.--The right of an owner of 
non-Federal real property to use and enjoy that property shall 
not be diminished based on the property being--
         (1) within the boundaries of a Federal unit as a 
        consequence of the acquisition of lands for that unit 
        with amounts made available by this Act; or
         (2) adjacent to Federal lands acquired with amounts 
        made available by this Act.

                              ----------                              


      9. An Amendment To Be Offered by Representative Peterson of 
         Pennsylvania, or a Designee, Debatable for 20 Minutes

  Page 18, after line 15, insert the following:

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

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

                              ----------                              


10. An Amendment To Be Offered by Representative Chambliss of Georgia, 
                or a Designee, Debatable for 20 Minutes

  Page 19, line 3, strike ``without further appropriation'' and 
insert ``subject to appropriations for fiscal years before 
fiscal year 2006 and without further appropriation for fiscal 
year 2006 and each fiscal year thereafter''.
  Page 30, line 12, strike ``without further appropriation'' 
and insert ``, subject to appropriations for fiscal years 
before fiscal year 2006 and without further appropriation for 
fiscal year 2006 and each fiscal year thereafter''.
  Page 48, line 8, strike ``without further appropriation, in 
each fiscal year'' and insert ``, subject to appropriations for 
fiscal years before fiscal year 2006 and without further 
appropriation for fiscal year 2006 and each fiscal year 
thereafter''.
  Page 56, line 6, strike ``without further appropriation'' and 
insert ``, subject to appropriations for fiscal years before 
fiscal year 2006 and without further appropriation for fiscal 
year 2006 and each fiscal year thereafter,''.
  Page 63, line 5, strike ``without further appropriation'' and 
insert ``, subject to appropriations for fiscal years before 
fiscal year 2006 and without further appropriation for fiscal 
year 2006 and each fiscal year thereafter''.
  Page 64, line 17, strike ``without further appropriation'' 
and insert ``subject to appropriations for fiscal years before 
fiscal year 2005 and without further appropriation for fiscal 
year 2005 and each fiscal year thereafter''.
  Page 70, line 10, strike ``without further appropriation'' 
and insert ``subject to appropriations for fiscal years before 
fiscal year 2006 and without further appropriation for fiscal 
year 2006 and each fiscal year thereafter''.
  Page 71, line 20, strike ``without further appropriation'' 
and insert ``, subject to appropriations for fiscal years 
before fiscal year 2006 and without further appropriation for 
fiscal year 2006 and each fiscal year thereafter,''.

                              ----------                              


  11. An Amendment To Be Offered by Representative Chenoweth-Hage of 
             Idaho, or a Designee, Debatable for 10 Minutes

    Page 23, in line 18, strike ``except that a coastal 
political'' and all that follows down through line 3 on page 
24.
                              ----------                              


     12. An Amendment To Be Offered by Representative Hastings of 
Washington, or Representative Regula of Ohio, or a Designee, Debatable 
                             for 20 Minutes

    Page 31, after line 24, insert:
          ``(3) Apportionment for maintenance.--Not less than 
        50 percent of the Federal portion shall be used by the 
        Secretary of the Interior and the Secretary of 
        Agriculture only for purposes of carrying out 
        maintenance operations on Federal lands managed by such 
        Secretaries.''.
                              ----------                              


 13. An Amendment To Be Offered by Representative Sweeney of New York, 
 or Representative McHugh of New York, or a Designee, Debatable for 20 
                                Minutes

  Page 36, after line 13, insert:
                  ``(D) No State political subdivision has 
                transmitted to the Secretary administering the 
                acquisition a copy of a resolution adopted by 
                the governing body of such subdivision 
                disapproving of such acquisition within 90 days 
                after receiving notice of the proposed 
                acquisition under subparagraph (C)(iii).
  Page 41, line 8, after the period insert: ``The State shall 
notify each affected political subdivision of each land 
acquisition proposal included in the State action agenda. Such 
notice shall include a citation of the statutory authority for 
the acquisition, if such authority exists, and an explanation 
of why the particular interest proposed to be acquired was 
selected.''.
  Page 42, after line 9, insert:
  (c) Local Government Veto.--Section 6(f) (16 U.S.C. 460l-8) 
is amended by adding the following at the end thereof:
  ``(9) No funds made available under this Act may be used by a 
State to acquire any land or interest in land if the political 
subdivision of the State in which the land or interest in land 
is located has transmitted to the State agency administering 
the proposed acquisition a copy of a resolution adopted by the 
governing body of such subdivision disapproving of such 
acquisition within 90 days after receiving notice of the 
proposed acquisition under subsection (d)(2).''.

                              ----------                              


 14. An Amendment To Be Offered by Representative Simpson of Idaho, or 
   Representative Walden of Oregon, or a Designee, Debatable for 20 
                                Minutes

    Page 36, strike the close quotation marks and the second 
period at line 16, and after line 16 insert the following:
    ``(h) State Approval of Certain Land Acquisition 
Required.--The Federal portion may not be used by the Secretary 
of the Interior or the Secretary of Agriculture to acquire any 
interest in land located in a State in which 50 percent or more 
of the land in the State is owned by the Federal Government if 
the acquisition would result in a net increase in the total 
acreage in the State owned by the Federal Government, unless 
the acquisition is specifically approved by the law of the 
State.''.
                              ----------                              


 15. An Amendment To Be Offered by Representative Duncan of Tennessee, 
                or a Designee, Debatable for 10 Minutes

    Page 37, line 3, strike ``30'' and insert ``50''.
    Page 36, strike lines 5 through 11 and insert:
          (B) 50 percent shall be apportioned so that the 
        amount apportioned to each State under this 
        subparagraph bears the same ratio to the total amount 
        apportioned under this subparagraph for the fiscal year 
        as the number of species listed as threatened or 
        endangered with habitat in that State bears to the 
        total number of species listed as threatened or 
        endangered nationwide.''.

                              ----------                              


 16. An Amendment To Be Offered by Representative Regula of Ohio, or a 
                   Designee, Debatable for 10 Minutes

    Page 37, after line 11, insert the following:
No amount may be apportioned under this paragraph to any State 
(herein referred to as an `unfunded State') that has not 
established a dedicated State land acquisition fund that is 
funded through the State's budget process. The amount that 
would have been apportioned to any such unfunded State under 
this paragraph shall be reapportioned to other States in 
accordance with subparagraphs (A) and (B).

                              ----------                              


17. An Amendment To Be Offered by Representative Moran of Kansas, or a 
                   Designee, Debatable for 10 Minutes

    Page 37, beginning at line 18, strike ``or development 
projects as hereafter described'' and insert ``, development 
projects as hereafter described including construction or 
reconstruction of facilities for outdoor recreation, or 
maintenance of such facilities''.

                              ----------                              


18. An Amendment To Be Offered by Representative Kind of Wisconsin, or 
                  a Designee, Debatable for 10 Minutes

  Page 42, line 14, strike ``and''.
  Page 42, line 18, strike the period and insert ``; and''.
  Page 42, after line 18, insert:
          (3) by adding the following new paragraph after 
        paragraph (2):
          ``(3) Monitoring and Data Collection.--For 
        establishing a sediment and nutrient monitoring network 
        for the Upper Mississippi River Basin for the purpose 
        of reducing sediment and nutrient loss, to be 
        headquartered at the Upper Midwest Environmental 
        Sciences Center in La Crosse, Wisconsin. The Secretary 
        of the Interior shall establish guidelines for the 
        effective design of data collection activities 
        regarding sediment and nutrient monitoring, for the use 
        of suitable and consistent methods for data collection, 
        and for consistent reporting, data storage, and 
        archiving practices. Data resulting from sediment and 
        nutrient monitoring in the Upper Mississippi River 
        Basin shall be released to the public using generic 
        station identifiers and location coordinates. In the 
        case of a monitoring station located on private lands, 
        information regarding the location of the station shall 
        not be disseminated without the landowner's permission. 
        The Secretary of the Interior shall establish the 
        guidelines under subsection (a) in consultation with 
        the Secretary of Agriculture and all entities known to 
        be conducting sediment and nutrient monitoring in the 
        Upper Mississippi River Basin. The non-Federal sponsors 
        of the sediment and nutrient monitoring network shall 
        be responsible for not less than 25 percent of the 
        costs of maintaining the network. Up to 80 percent of 
        the non-Federal share may be provided through in-kind 
        contributions.

19. An Amendment To Be Offered by Representative Calvert of California, 
                or a Designee, Debatable for 20 Minutes

    Page 44, after line 11, insert the following:

SEC.   . LIMITATION ON USE OF FUNDS FOR CONDEMNATION.

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

             ``limitation on use of funds for condemnation

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

                              ----------                              


20. An Amendment To Be Offered by Representative Hill of Montana, or a 
                   Designee, Debatable for 10 Minutes

  At the end of title II (page 44, after line 11) add the 
following (and make appropriate conforming amendments):

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

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

                              ----------                              


21. An Amendment To Be Offered by Representative Buyer of Indiana, or a 
                   Designee, Debatable for 10 Minutes

    Page 45, line 5, strike ``wildlife conservation 
organizations,''.
    Page 47, line 1, strike ``wildlife conservation 
organizations, and outdoor recreation and conservation 
education entities''.
    Page 68, strike line 23, and all that follows down through 
line 11 on page 69.
                              ----------                              


  22. An Amendment To Be Offered by Representative Chenoweth-Hage of 
             Idaho, or a Designee, Debatable for 10 Minutes

    Page 46, strike line 5, and all that follows down through 
line 19 on page 47 (all of 302(d)).

                              ----------                              


23. An Amendment To Be Offered by Representative Udall of Colorado, or 
                  a Designee, Debatable for 20 Minutes

    Page 70, line 14, strike ``and''.
    Page 70, strike the period on line 17 and all that follows 
through line 22 and insert the following:
    ``, and
          ``(3) the Urban and Community Forestry Assistance 
        Program established under section 9 of the Cooperative 
        Forestry Assistance Act of 1978 (16 U.S.C. 2105).''.
    Page 10, line 21, after ``note)'' inseret ``, the Urban and 
Community Forestry Assistance Program established under section 
9 of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 
2105),''.
                              ----------                              


24. An Amendment To Be Offered by Representative Gibbons of Nevada, or 
                  a Designee, Debatable for 10 Minutes


                     TITLE--PUBLIC LAND MANAGEMENT

SEC.____01. SHORT TITLE.

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

SEC. ____02. FINDINGS AND PURPOSES.

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

SEC. ____03. DEFINITIONS.

  In this title:
          (1) Current land use plan.--The term ``current land 
        use plan'', with respect to an administrative unit of 
        the Bureau of Land Management, means the management 
        framework plan or resource management plan applicable 
        to the unit that was approved most recently before the 
        date of enactment of this Act.
          (2) Secretary.--The term ``Secretary'' means the 
        Secretary of the Interior.
          (3) Special account.--The term ``Special Account'' 
        means the account established by section ____06.
          (4) Unit of local government.--The term ``unit of 
        local government'' means the elected governing body of 
        any city or county in a State.

SEC. ____04. DISPOSAL AND EXCHANGE.

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

SEC. ____05. MAINTENANCE AND REPAIR ON FEDERAL LANDS.

  The Secretary shall use amounts available under section 
____06(c)(1)(B) for repair and maintenance on Federal lands 
managed by the Secretary of Agriculture or the Secretary of the 
Interior.

SEC. ____06. SPECIAL ACCOUNT.

  (a) Establishment.--There is established in the Treasury of 
the United States a separate account to be used in carrying out 
this title.
  (b) Contents.--The Special Account shall consist of--
          (1) amounts deposited in the Special Account under 
        section ____04(f)(1)(B);
          (2) donations to the Special Account; and
          (3) appropriations to the Special Account.
  (c) Use.--
          (1) In general.--Amounts in the Special Account shall 
        be available to the Secretary until expended, without 
        further Act of appropriation, to pay--
                  (A) subject to paragraph (2), costs incurred 
                by the Bureau of Land Management in arranging 
                sales or exchanges under this title, including 
                the costs of land boundary surveys, compliance 
                with the National Environmental Policy Act of 
                1969 (42 U.S.C. 4321 et seq.), appraisals, 
                environmental and cultural clearances, and 
                public notice;
                  (B) costs incurred in carrying out section 
                ____05;
                  (C) the cost of carrying out any necessary 
                revision or amendment of a current land use 
                plan of the Bureau of Land Management that 
                relates to land sold, exchanged, or acquired 
                under this title; and
                  (D) related costs determined by the 
                Secretary.
          (2) Limitations.--
                  (A) Costs in arranging sales or exchanges.--
                Costs charged against the Special Account for 
                the purposes described in paragraph (1)(A) 
                shall not exceed the minimum amount practicable 
                in view of the fair market value of the Federal 
                land to be sold or exchanged.
                  (B) Acquisition.--Not more than 50 percent of 
                the amounts deposited in the Special Account in 
                any fiscal year may be used in that fiscal year 
                or any subsequent fiscal year for the purpose 
                described in paragraph (1)(B).
          (3) Plan revisions and amendments.--The process of 
        revising or amending a land use plan shall not cause 
        delay or postponement in the implementation of this 
        title.
  (d) Interest.--All funds deposited in the Special Account 
shall earn interest in the amount determined by the Secretary 
of the Treasury on the basis of the current average market 
yield on outstanding marketable obligations of the United 
States of comparable maturities. Such interest shall be added 
to the principal of the account and expended in accordance with 
subsection (c).
  (e) Coordination.--The Secretary shall coordinate the use of 
the Special Account with the Secretary of Agriculture, the 
States, and units of local government in which land or an 
interest in land may be acquired, to ensure accountability and 
demonstrated results.

SEC. ____07. REPORT.

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


25. An Amendment To Be Offered by Representative Ose of California, or 
                  a Designee, Debatable for 10 Minutes

  At the end of the bill, add the following:

              TITLE--RESTRICTIONS ON FEDERAL USES OF FUNDS

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

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

SEC.  02. LIMITATION ON EXPENDITURES.

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


26. An Amendment To Be Offered by Representative Thornberry of Texas or 
                  a Designee, Debatable for 40 Minutes

  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

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

SEC. 2. TABLE OF CONTENTS.

  The table of contents for this Act is as follows:

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

           TITLE I--IMPACT ASSISTANCE AND COASTAL CONSERVATION

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

        TITLE II--LAND AND WATER CONSERVATION FUND REVITALIZATION

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

            TITLE III--WILDLIFE CONSERVATION AND RESTORATION

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

     TITLE IV--URBAN PARK AND RECREATION RECOVERY PROGRAM AMENDMENTS

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

                   TITLE V--HISTORIC PRESERVATION FUND

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

             TITLE VI--FEDERAL AND INDIAN LANDS RESTORATION

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

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

                 Subtitle A--Farmland Protection Program

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

         Subtitle B--Endangered and Threatened Species Recovery

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

SEC. 3. DEFINITIONS.

  For purposes of this Act:
          (1) The term ``coastal population'' means the 
        population of all political subdivisions, as determined 
        by the most recent official data of the Census Bureau, 
        contained in whole or in part within the designated 
        coastal boundary of a State as defined in a State's 
        coastal zone management program under the Coastal Zone 
        Management Act of 1972 (16 U.S.C. 1451 and following).
          (2) The term ``coastal political subdivision'' means 
        a political subdivision of a coastal State all or part 
        of which political subdivision is within the coastal 
        zone (as defined in section 304 of the Coastal Zone 
        Management Act of 1972 (16 U.S.C. 1453)).
          (3) The term ``coastal State'' has the same meaning 
        as provided by section 304 of the Coastal Zone 
        Management Act of 1972 (16 U.S.C. 1453).
          (4) The term ``coastline'' has the same meaning that 
        it has in the Submerged Lands Act (43 U.S.C. 1301 and 
        following).
          (5) The term ``distance'' means minimum great circle 
        distance, measured in statute miles.
          (6) The term ``fiscal year'' means the Federal 
        Government's accounting period which begins on October 
        1st and ends on September 30th, and is designated by 
        the calendar year in which it ends.
          (7) The term ``Governor'' means the highest elected 
        official of a State or of any other political entity 
        that is defined as, or treated as, a State under the 
        Land and Water Conservation Fund Act of 1965 (16 U.S.C. 
        460l-4 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 asdepicted on an 
Outer Continental Shelf Official Protraction Diagram.
          (9) The term ``Outer Continental Shelf'' means all 
        submerged lands lying seaward and outside of the area 
        of ``lands beneath navigable waters'' as defined in 
        section 2(a) of the Submerged Lands Act (43 U.S.C. 
        1301(a)), and of which the subsoil and seabed appertain 
        to the United States and are subject to its 
        jurisdiction and control.
          (10) The term ``political subdivision'' means the 
        local political jurisdiction immediately below the 
        level of State government, including counties, 
        parishes, and boroughs. If State law recognizes an 
        entity of general government that functions in lieu of, 
        and is not within, a county, parish, or borough, the 
        Secretary may recognize an area under the jurisdiction 
        of such other entities of general government as a 
        political subdivision for purposes of this title.
          (11) The term ``producing State'' means a State with 
        a coastal seaward boundary within 200 miles from the 
        geographic center of a leased tract other than a leased 
        tract or portion of a leased tract that is located in a 
        geographic area subject to a leasing moratorium on 
        January 1, 1999 (unless the lease was issued prior to 
        the establishment of the moratorium and was in 
        production on January 1, 1999).
          (12) The term ``qualified Outer Continental Shelf 
        revenues'' means (except as otherwise provided in this 
        paragraph) all moneys received by the United States 
        from each leased tract or portion of a leased tract 
        lying seaward of the zone defined and governed by 
        section 8(g) of the Outer Continental Shelf Lands Act 
        (43 U.S.C. 1337(g)), or lying within such zone but to 
        which section 8(g) does not apply, the geographic 
        center of which lies within a distance of 200 miles 
        from any part of the coastline of any coastal State, 
        including bonus bids, rents, royalties (including 
        payments for royalty taken in kind and sold), net 
        profit share payments, and related late-payment 
        interest from natural gas and oil leases issued 
        pursuant to the Outer Continental Shelf Lands Act. Such 
        term does not include any revenues from a leased tract 
        or portion of a leased tract that is located in a 
        geographic area subject to a leasing moratorium on 
        January 1, 1999, unless the lease was issued prior to 
        the establishment of the moratorium and was in 
        production on January 1, 1999.
          (13) The term ``Secretary'' means the Secretary of 
        the Interior or the Secretary's designee, except as 
        otherwise specifically provided.
          (14) The term ``Fund'' means the Conservation and 
        Reinvestment Act Fund established under section 5.

SEC. 4. ANNUAL REPORTS.

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

SEC. 5. CONSERVATION AND REINVESTMENT ACT FUND.

  (a) Establishment of Fund.--There is established in the 
Treasury of the United States a fund which shall be known as 
the ``Conservation and Reinvestment Act Fund''. In each fiscal 
year after the fiscal year 2000, the Secretary of the Treasury 
shall deposit into the Fund the following amounts:
          (1) OCS revenues.--An amount in each such fiscal year 
        from qualified Outer Continental Shelf revenues equal 
        to the difference between $2,825,000,000 and the 
        amounts deposited in the Fund under paragraph (2), 
        notwithstanding section 9 of the Outer Continental 
        Shelf Lands Act (43 U.S.C. 1338).
          (2) Amounts not disbursed.--All allocated but 
        undisbursed amounts returned to the Fund under section 
        101(a)(2).
          (3) Interest.--All interest earned under subsection 
        (d) that is not made available under paragraph (2) or 
        (4) of that subsection.
  (b) Transfer for Expenditure.--In each fiscal year after the 
fiscal year 2001, the Secretary of the Treasury shall transfer 
amounts deposited into the Fund as follows:
          (1) $1,000,000,000 to the Secretary of the Interior 
        for purposes of making payments to coastal States under 
        title I of this Act.
          (2) To the Land and Water Conservation Fund for 
        expenditure as provided in section 3(a) of the Land and 
        Water Conservation Fund Act of 1965 (16 U.S.C. 460l-
        6(a)) such amounts as are necessary to make the income 
        of the fund $900,000,000 in each such fiscal year.
          (3) $350,000,000 to the Federal aid to wildlife 
        restoration fund established under section 3 of the 
        Federal Aid in Wildlife Restoration Act (16 U.S.C. 
        669b).
          (4) $125,000,000 to the Secretary of the Interior to 
        carry out the Urban Park and Recreation Recovery Act of 
        1978 (16 U.S.C. 2501 and following).
          (5) $100,000,000 to the Secretary of the Interior to 
        carry out the National Historic Preservation Act (16 
        U.S.C. 470 and following).
          (6) $200,000,000 to the Secretary of the Interior and 
        the Secretary of Agriculture to carry out title VI of 
        this Act.
          (7) $100,000,000 to the Secretary of Agriculture to 
        carry out the farmland protection program under section 
        388 of the Federal Agriculture Improvement and Reform 
        Act of 1996 (Public Law 104-127; 16 U.S.C. 3830 note) 
        and the Forest Legacy Program under section 7 of the 
        Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 
        2103c).
          (8) $50,000,000 to the Secretary of the Interior to 
        carry out subtitle B of title VII of this Act.
  (c) Shortfall.--If amounts deposited into the Fund in any 
fiscal year after the fiscal year 2000 are less than 
$2,825,000,000, the amounts transferred under paragraphs (1) 
through (7) of subsection (b) for that fiscal year shall each 
be reduced proportionately.
  (d) Interest.--
          (1) In general.--The Secretary of the Treasury shall 
        invest moneys in the Fund in public debt securities 
        with maturities suitable to the needs of the Fund, as 
        determined by the Secretary of the Treasury, and 
        bearing interest at rates determined by the Secretary 
        of the Treasury, taking into consideration current 
        market yields on outstanding marketable obligations of 
        the United States of comparable maturity.
          (2) Use of interest.--Except as provided in 
        paragraphs (3) and (4), interest earned on such moneys 
        shall be available, subject to appropriations for 
        fiscal years before fiscal year 2006 and without 
        further appropriation for fiscal year 2006 and each 
        fiscal year thereafter, for obligation or expenditure 
        under--
                  (A) chapter 69 of title 31 of the United 
                States Code (relating to payment in lieu of 
                taxes), and
                  (B) section 401 of the Act of June 15, 1935 
                (49 Stat. 383; 16 U.S.C. 715s) (relating to 
                refuge revenue sharing).
        In each fiscal year such interest shall be allocated 
        between the programs referred to in subparagraph (A) 
        and (B) in proportion to the amounts authorized and 
        appropriated for that fiscal year under other 
        provisions of law for purposes of such programs.
          (3) Ceiling on expenditures of interest.--Amounts 
        made available under paragraph (2) in each fiscal year 
        shall not exceed $200,000,000.
          (4) Title iii interest.--All interest attributable to 
        amounts transferred by the Secretary of the Treasury to 
        the Secretary of the Interior for purposes of title III 
        of this Act (and the amendments made by such title III) 
        shall be available, subject to appropriations for 
        fiscal years before fiscal year 2006 and without 
        further appropriation for fiscal year 2006 and each 
        fiscal year thereafter, for obligation or expenditure 
        for purposes of the North American Wetlands 
        Conservation Act of 1989 (16 U.S.C. 4401 and 
        following).
  (e) Refunds.--In those instances where through judicial 
decision, administrative review, arbitration, or other means 
there are royalty refunds owed to entities generating revenues 
under this title, such refunds shall be paid by the Secretary 
of the Treasury from amounts available in the Fund.

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

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

SEC. 7. RECORDKEEPING REQUIREMENTS.

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

SEC. 8. MAINTENANCE OF EFFORT AND MATCHING FUNDING.

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

SEC. 9. SUNSET.

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

SEC. 10. PROTECTION OF PRIVATE PROPERTY RIGHTS.

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

SEC. 11. SIGNS.

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

          TITLE I--IMPACT ASSISTANCE AND COASTAL CONSERVATION

SEC. 101. IMPACT ASSISTANCE FORMULA AND PAYMENTS.

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

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

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

       TITLE II--LAND AND WATER CONSERVATION FUND REVITALIZATION

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

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

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

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

SEC. 203. AVAILABILITY OF AMOUNTS.

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

                            ``appropriations

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

SEC. 204. ALLOCATION OF FUND.

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

                         ``allocation of funds

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

SEC. 205. USE OF FEDERAL PORTION.

  Section 7 (16 U.S.C. 460l-9) is amended by adding at the end 
the following:
  ``(d) Use of Federal Portion.--
          ``(1) Approval by congress required.--The Federal 
        portion (as that term is defined in section 5(1)) may 
        not be obligated or expended by the Secretary of the 
        Interior or the Secretary of Agriculture for any 
        acquisition except those specifically referred to, and 
        approved by the Congress, in an Act making 
        appropriations for the Department of the Interior or 
        the Department of Agriculture, respectively.
          ``(2) Willing seller requirement.--The Federal 
        portion may not be used to acquire any property 
        unless--
                  ``(A) the owner of the property concurs in 
                the acquisition; and
                  ``(B) acquisition of that property is 
                specifically approved by an Act of Congress.
          ``(3) Certification by gao required.--Of the amounts 
        in the Federal portion that are transferred from the 
        Conservation and Reinvestment Act Fund and available 
        for a fiscal year to the Secretary of the Interior or 
        to the Secretary of Agriculture, respectively, 25 
        percent may not be obligated or expended and shall be 
        returned to the general fund of the Treasury unless, 
        before the commencement of the fiscal year, the 
        Comptroller General of the United States submits to the 
        President and the Congress a finding that the 
        operational maintenance backlog of the National Park 
        Service, United States Fish and Wildlife Service, and 
        the Bureau of Land Management of the Department of the 
        Interior or the United States Forest Service of the 
        Department of Agriculture (as applicable) as of the 
        beginning of the preceding fiscal year has been reduced 
        by at least 5 percent.
  ``(e) List of Proposed Federal Acquisitions.--
          ``(1) Restriction on use.--The Federal portion for a 
        fiscal year may not be obligated or expended to acquire 
        any interest in lands or water unless the lands or 
        water were included in a list of acquisitions that is 
        approved by the Congress. This list shall include an 
        inventory of surplus lands under the administrative 
        jurisdiction of the Secretary of the Interior and the 
        Secretary of Agriculture for which there is no 
        demonstrated compelling program need.
          ``(2) Transmission of list.--(A) The Secretary of the 
        Interior and the Secretary of Agriculture shall jointly 
        transmit to the appropriate authorizing and 
        appropriations committees of the House of 
        Representatives and the Senate for each fiscal year, by 
        no later than the submission of the budget for the 
        fiscal year under section 1105 of title 31, United 
        States Code, a list of the acquisitions of interests in 
        lands and water proposed to be made with the Federal 
        portion for the fiscal year.
          ``(B) In preparing each list, the Secretary shall--
                  ``(i) seek to consolidate Federal 
                landholdings in States with checkerboard 
                Federal land ownership patterns;
                  ``(ii) use equal value land exchanges, where 
                feasible and suitable, as an alternative means 
                of land acquisition;
                  ``(iii) use permanent conservation easements, 
                where feasible and suitable, as an alternative 
                means of acquisition;
                  ``(iv) identify those properties that are 
                proposed to be acquired from willing sellers, 
                and not use adverse condemnation; and
                  ``(v) establish priorities based on such 
                factors as important or special resource 
                attributes, threats to resource integrity, 
                timely availability, owner hardship, cost 
                escalation, public recreation use values, and 
                similar considerations.
          ``(3) Information regarding proposed acquisitions.--
        Each list shall include, for each proposed acquisition 
        included in the list--
                  ``(A) citation of the statutory authority for 
                the acquisition, if such authority exists; and
                  ``(B) an explanation of why the particular 
                interest proposed to be acquired was selected, 
                including an explanation of the priorities 
                under paragraph (2)(B)(iv) that were applied in 
                making the selection.
  ``(f) Notification to Affected Areas Required.--The Federal 
portion for a fiscal year may not be used to acquire any 
interest in land unless the Secretary administering the 
acquisition, by not later than 30 days after the date the 
Secretaries submit the list under subsection (e) for the fiscal 
year, provides notice of the proposed acquisition--
          ``(1) in writing to each Member of and each Delegate 
        and Resident Commissioner to the Congress elected to 
        represent any area in which is located--
                  ``(A) the land; or
                  ``(B) any part of any federally designated 
                unit that includes the land;
          ``(2) in writing to the Governor of the State in 
        which the land is located;
          ``(3) in writing to each State political subdivision 
        having jurisdiction over the land; and
          ``(4) by publication of a notice in a newspaper that 
        is widely distributed in the area under the 
        jurisdiction of each such State political subdivision, 
        that includes a clear statement that the Federal 
        Government intends to acquire an interest in land.
  ``(g) Compliance With Requirements Under Federal Laws.--
          ``(1) In general.--The Federal portion for a fiscal 
        year may not be used to acquire any interest in land or 
        water unless the following have occurred:
                  ``(A) All actions required under Federal law 
                with respect to the acquisition have been 
                complied with.
                  ``(B) A copy of each final environmental 
                impact statement or environmental assessment 
                required by law, and a summary of all public 
                comments regarding the acquisition that have 
                been received by the agency making the 
                acquisition, are submitted to the Committee on 
                Resources of the House of Representatives, the 
                Committee on Energy and Natural Resources of 
                the Senate, and the Committees on 
                Appropriations of the House of Representatives 
                and of the Senate.
                  ``(C) A notice of the availability of such 
                statement or assessment and of such summary is 
                provided to--
                          ``(i) each Member of and each 
                        Delegate and Resident Commissioner to 
                        the Congress elected to represent the 
                        area in which the land is located;
                          ``(ii) the Governor of the State in 
                        which the land is located; and
                          ``(iii) each State political 
                        subdivision having jurisdiction over 
                        the land.
          ``(2) Limitation on application.--Paragraph (1) shall 
        not apply to any acquisition that is specifically 
        authorized by a Federal law.''.

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

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

SEC. 207. STATE PLANNING.

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

SEC. 208. ASSISTANCE TO STATES FOR OTHER PROJECTS.

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

SEC. 209. CONVERSION OF PROPERTY TO OTHER USE.

  Section 6(f)(3) (16 U.S.C. 460l-8(f)(3)) is amended--
          (1) by inserting ``(A)'' before ``No property''; and
          (2) by striking the second sentence and inserting the 
        following:
  ``(B) Prior to each such conversion, the Governor of the 
State shall demonstrate that--
          ``(i) no prudent or feasible alternative exists with 
        the exception of those properties that no longer meet 
        the criteria within the State Plan or Agenda as an 
        outdoor conservation and recreation facility due to 
        changes in demographics or that must be abandoned 
        because of environmental contamination which endangers 
        public health and safety; and
          ``(ii) the conversion will assure the substitution of 
        other conservation and recreation properties of at 
        least equal fair market value and reasonably equivalent 
        usefulness and location and that are consistent with 
        the existing State Plan or Agenda.''.

SEC. 210. WATER RIGHTS.

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

                             ``water rights

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

            TITLE III--WILDLIFE CONSERVATION AND RESTORATION

SEC. 301. PURPOSES.

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

SEC. 302. DEFINITIONS.

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

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

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

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

  (a) In General.--Section 4 of the Federal Aid in Wildlife 
Restoration Act (16 U.S.C. 669c) is amended by adding at the 
end the following new subsection:
  ``(c) Amounts Transferred From Conservation and Reinvestment 
Act Fund.--(1) The Secretary of the Interior shall, subject to 
appropriations for fiscal years before fiscal year 2006 and 
without further appropriation for fiscal year 2006 and each 
fiscal year thereafter, make the following apportionment from 
the amount transferred to the fund from the Conservation and 
Reinvestment Act Fund for each fiscal year:
          ``(A) To the District of Columbia and to the 
        Commonwealth of Puerto Rico, each a sum equal to not 
        more than \1/2\ of 1 percent thereof.
          ``(B) To Guam, American Samoa, the Virgin Islands, 
        and the Commonwealth of the Northern Mariana Islands, 
        each a sum equal to not more than \1/6\ of 1 percent 
        thereof.
  ``(2)(A) The Secretary of the Interior, after making the 
apportionment under paragraph (1), shall apportion the 
remainder of the amount transferred to the fund from the 
Conservation and Reinvestment Act Fund for each fiscal year 
among the States in the following manner:
          ``(i) \1/3\ of which is based on the ratio to which 
        the land area of such State bears to the total land 
        area of all such States.
          ``(ii) \2/3\ of which is based on the ratio to which 
        the population of such State bears to the total 
        population of all such States.
  ``(B) The amounts apportioned under this paragraph shall be 
adjusted equitably so that no such State shall be apportioned a 
sum which is less than \1/2\ of 1 percent of the amount 
available for apportionment under this paragraph for any fiscal 
year or more than 5 percent of such amount.
  ``(3) Amounts transferred to the fund from the Conservation 
and Reinvestment Act Fund shall not be available for any 
expenses incurred in the administration and execution of 
programs carried out with such amounts.
  ``(d) Wildlife Conservation and Restoration Programs.--(1) 
Any State, through its fish and wildlife department, may apply 
to the Secretary of the Interior for approval of a wildlife 
conservation and restoration program, or for funds to develop a 
program. To apply, a State shall submit a comprehensive plan 
that includes--
          ``(A) provisions vesting in the fish and wildlife 
        department of the State overall responsibility and 
        accountability for the program;
          ``(B) provisions for the development and 
        implementation of--
                  ``(i) wildlife conservation projects that 
                expand and support existing wildlife programs, 
                giving appropriate consideration to all 
                wildlife;
                  ``(ii) wildlife-associated recreation 
                projects; and
                  ``(iii) wildlife conservation education 
                projects pursuant to programs under section 
                8(a); and
          ``(C) provisions to ensure public participation in 
        the development, revision, and implementation of 
        projects and programs required under this paragraph.
  ``(2) A State shall provide an opportunity for public 
participation in the development of the comprehensive plan 
required under paragraph (1).
  ``(3) If the Secretary finds that the comprehensive plan 
submitted by a State complies with paragraph (1), the Secretary 
shall approve the wildlife conservation and restoration program 
of the State and set aside from the apportionment to the State 
made pursuant to subsection (c) an amount that shall not exceed 
75 percent of the estimated cost of developing and implementing 
the program.
  ``(4)(A) Except as provided in subparagraph (B), after the 
Secretary approves a State's wildlife conservation and 
restoration program, the Secretary may make payments on a 
project that is a segment of the State's wildlife conservation 
and restoration program as the project progresses. Such 
payments, including previous payments on the project, if any, 
shall not be more than the United States pro rata share of such 
project. The Secretary, under such regulations as he may 
prescribe, may advance funds representing the United States pro 
rata share of a project that is a segment of a wildlife 
conservation and restoration program, including funds to 
develop such program.
  ``(B) Not more than 10 percent of the amounts apportioned to 
each State under this section for a State's wildlife 
conservation and restoration program may be used for wildlife-
associated recreation.
  ``(5) For purposes of this subsection, the term `State' shall 
include the District of Columbia, the Commonwealth of Puerto 
Rico, the Virgin Islands, Guam, American Samoa, and the 
Commonwealth of the Northern Mariana Islands.''.
  (b) FACA.--Coordination with State fish and wildlife agency 
personnel or with personnel of other State agencies pursuant to 
the Federal Aid in Wildlife Restoration Act or the Federal Aid 
in Sport Fish Restoration Act shall not be subject to the 
Federal Advisory Committee Act (5 U.S.C. App.). Except for the 
preceding sentence, the provisions of this title relate solely 
to wildlife conservation and restoration programs and shall not 
be construed to affect the provisions of the Federal Aid in 
Wildlife Restoration Act relating to wildlife restoration 
projects or the provisions of the Federal Aid in Sport Fish 
Restoration Act relating to fish restoration and management 
projects.

SEC. 305. EDUCATION.

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

SEC. 306. PROHIBITION AGAINST DIVERSION.

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

    TITLE IV--URBAN PARK AND RECREATION RECOVERY PROGRAM AMENDMENTS

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

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

SEC. 402. PURPOSE.

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

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

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

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

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

SEC. 404. DEFINITIONS.

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

SEC. 405. ELIGIBILITY.

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

SEC. 406. GRANTS.

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

                                ``grants

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

SEC. 407. RECOVERY ACTION PROGRAMS.

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

SEC. 408. STATE ACTION INCENTIVES.

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

SEC. 409. CONVERSION OF RECREATION PROPERTY.

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

                  ``conversion of recreation property

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

SEC. 410. REPEAL.

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

                  TITLE V--HISTORIC PRESERVATION FUND

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

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

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

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

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

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

             TITLE VI--FEDERAL AND INDIAN LANDS RESTORATION

SEC. 601. PURPOSE.

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

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

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

SEC. 603. AUTHORIZED USES OF TRANSFERRED AMOUNTS.

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

SEC. 604. INDIAN TRIBE DEFINED.

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

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

                Subtitle A--Farmland Protection Program

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

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

``SEC. 388. FARMLAND PROTECTION PROGRAM.

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

SEC. 702. FUNDING.

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

         Subtitle B--Endangered and Threatened Species Recovery

SEC. 711. PURPOSES.

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

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

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

SEC. 713. ENDANGERED AND THREATENED SPECIES RECOVERY ASSISTANCE.

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

SEC. 714. ENDANGERED AND THREATENED SPECIES RECOVERY AGREEMENTS.

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

SEC. 715. DEFINITIONS.

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

                                

