[Senate Report 106-413]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 804
106th Congress                                                   Report
                                 SENATE
 2d Session                                                     106-413

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



 
               CONSERVATION AND REINVESTMENT ACT OF 2000

                                _______
                                

               September 14, 2000.--Ordered to be printed

                                _______
                                

  Mr. Murkowski, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                             together with

                             MINORITY VIEWS

                        [To accompany H.R. 701]

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

SECTION 1. SHORT TITLE.

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

SEC. 2. 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 beginning in fiscal year 
2001 and through fiscal year 2015, the Secretary of the Treasury shall 
deposit in the Conservation and Reinvestment Act Fund amounts 
sufficient to fund the programs identified in subsection (b) from 
qualified Outer Continental Shelf revenues, as that term is defined in 
section 2 of the Outer Continental Shelf Lands Act (43 U.S.C. 1331), 
notwithstanding section 9 of such Act (43 U.S.C. 1338).
    (b) Program Allocation.--In each fiscal year beginning in fiscal 
year 2002 and through fiscal year 2016, the Secretary of the Treasury 
shall transfer amounts deposited in the previous year into the 
Conservation and Reinvestment Act Fund as follows:
          (1) $430,000,000 to the Secretary of the Interior for 
        purposes of making payments to Producing Coastal States under 
        section 31 of the Outer Continental Shelf Lands Act (43 U.S.C. 
        1330 et seq.).
          (2) $350,000,000 to the Secretary of Commerce for purposes of 
        making payments to Coastal States under section 32 of the Outer 
        Continental Shelf Lands Act (43 U.S.C. 1330 et seq.).
          (3) $25,000,000 to the Secretary of the Interior and 
        Secretary of Commerce for coral reef protection efforts as 
        provided in section 104 of this Act.
          (4) Such amounts as are necessary to make the income of the 
        Land and Water Conservation Fund $900,000,000 to the Land and 
        Water Conservation Fund for expenditure as provided in section 
        3 of the Land and Water Conservation Fund Act of 1965 (16 
        U.S.C. 460l-6).
          (5) $350,000,000 to the Wildlife Conservation and Restoration 
        Account within the Federal Aid to Wildlife Restoration Fund 
        established under section 3 of the Federal Aid in Wildlife 
        Restoration Act (16 U.S.C. 669b).
          (6) $75,000,000 to the Secretary of the Interior to carry out 
        the Urban Park and Recreation Recovery Act of 1978 (16 U.S.C. 
        2501 et seq.).
          (7) $50,000,000 to the Secretary of Agriculture to carry out 
        the Urban and Community Forestry Act established by section 9 
        of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 
        2105).
          (8) $150,000,000 to the Secretary of the Interior for 
        expenditure as provided in section 8(d) of the National 
        Historic Preservation Act (16 U.S.C. 470h(d)).
          (9) $125,000,000 to the Secretary of the Interior to carry 
        out National Park Service and Indian lands restoration programs 
        as provided in title VI of this Act.
          (10) $50,000,000 to the Secretary of Agriculture to carry out 
        the Forest Legacy program established by section 7 of the 
        Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2103c).
          (11) $50,000,000 to the Secretary of Agriculture to carry out 
        the Farm and Ranch Land Protection Program established by 
        section 701 of this Act.
          (12) $25,000,000 to the Secretary of Agriculture to carry out 
        the Rural Development program under section 21 of the 
        Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2101).
          (13) $25,000,000 to the Secretary of Agriculture to carry out 
        the Rural Community Assistance program established by section 
        2379 of the National Forest-Dependent Rural Communities 
        Economic Diversification Act of 1990 (7 U.S.C. 6611-6617).
          (14) $60,000,000 to be equally divided between the Secretary 
        of Agriculture, acting through the Chief of the Forest Service, 
        and the Secretary of the Interior to carry out titles I and II 
        of the Youth Conservation Corps Act of 1970 (16 U.S.C. 1701 et 
        seq.).
          (15) Such sums as are necessary to the Secretary of the 
        Interior to fund the payment in lieu of taxes program at its 
        fully authorized level (31 U.S.C. 6901 et seq.).
    (c) Availability of Funds.--Amounts transferred under subsection 
(b) are hereby appropriated, subject to subsection (f), and shall be 
available for obligation and expenditure without further appropriation 
and without fiscal year limitation.
    (d) Conforming Amendment.--Section 6906 of title 31, United States 
Code, is amended to read as follows: ``There are authorized to be 
appropriated such sums as may be necessary to carry out this 
chapter.''.
    (e) Shortfall.--If amounts deposited in the Conservation and 
Reinvestment Act Fund in fiscal year 2001 or in any fiscal year 
thereafter are insufficient to fund each program identified in 
subsection (b) in the amount specified in such subsection, the amount 
transferred toeach program under subsection (b) for that fiscal year 
shall each be reduced proportionately in such fiscal year.
     (f) Limitation on Availability of Funds.--Notwithstanding any 
provision of this Act making funds available without further 
appropriation, no amounts from the Conservation and Reinvestment Act 
Fund shall be transferred under this section during any fiscal year 
until the Congress has made available $450,000,000 (or such lesser 
amount as may be required by subsection (e)) for Federal land 
acquisition under section 5 of the Land and Water Conservation Fund Act 
of 1965 (16 U.S.C. 460l-7) during such fiscal year in an Act making 
appropriations.
     (g) State and Local Acquisition Restriction.--Funds made available 
to States and local governments should be, to the extent practicable, 
for the acquisition of land or interests in land on a willing seller 
basis.
     (h) Savings Clause.--Nothing in this Act expands, diminishes, or 
affects any water right.

 SEC. 3. RECORDKEEPING REQUIREMENTS.

     The Secretary of the Interior, Secretary of Agriculture, and 
Secretary of Commerce in administering a program funded under this Act 
shall establish such rules as may be necessary regarding recordkeeping 
and auditing of amounts made available to States and political 
subdivisions under this Act.

 SEC. 4. ANNUAL REPORTS.

     (a) State Reports.--As a condition for receiving amounts from the 
Conservation and Reinvestment Act Fund, each Governor receiving such 
amounts shall account for all amounts so received during the previous 
fiscal year in a written report to the Secretary of the Interior, the 
Secretary of Agriculture, or the Secretary of Commerce, as appropriate. 
The report shall include, in accordance with regulations prescribed by 
the Secretary, a description of all projects and activities funded 
under this Act, including a listing of all lands or interests in lands 
acquired and the circumstances surrounding each acquisition. In order 
to avoid duplication, such report may incorporate by reference any 
other reports required to be submitted by the Governor, under other 
provisions of law, to the Secretary regarding any portion of such 
amounts.
     (b) Report to Congress.--On January 1 of each year, the Secretary 
of the Interior, the Secretary of Agriculture, and the Secretary of 
Commerce, shall jointly submit an annual report to the Congress 
documenting all amounts expended by the Secretary of the Interior, the 
Secretary of Agriculture, and the Secretary of Commerce from the 
Conservation and Reinvestment Act Fund during the previous fiscal year 
and summarizing the contents of the Governors' reports submitted to the 
Secretaries under subsection (a).

 SEC. 5. MAINTENANCE OF EFFORT AND MATCHING FUNDING.

     (a) In General.--Amounts made available to States and political 
subdivisions from the Conservation and Reinvestment Act Fund are 
intended to supplement rather than replace expenditures by such State 
and subdivisions. The Secretaries of the Interior, Commerce and 
Agriculture shall monitor the use of grant funds to ensure compliance 
with this intent and shall identify in the annual report required under 
section 4 any State or subdivision that, in the judgment of the 
Secretary, is not maintaining a sufficient local commitment or uses 
funds received under this Act to reduce its expenditure of non-Federal 
funds.
     (b) Use of Amounts From the Conservation and Reinvestment Act Fund 
to Meet Matching Requirements.--All amounts received by a State or 
local government under this Act shall be treated as Federal funds for 
purposes of compliance with the requirement under any other law that 
non-Federal funds be used to provide a portion of the funding for any 
program or project.

 SEC. 6. PROTECTION OF PRIVATE PROPERTY RIGHTS.

     (a) Savings Clause.--Nothing in this Act shall authorize the 
taking of private property for public use without just compensation.
     (b) Federal Regulation.--Nothing in this Act creates any new 
authority for Federal agencies to apply regulations on privately owned 
land.

 SEC. 7. SIGNS.

     The Secretary of the Interior shall require, as a condition of 
providing any amounts from the Conservation and Reinvestment Act Fund, 
that the person that owns or administers any site that benefits from 
such amounts 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 amounts.

 SEC. 8. ENSURING THE SOLVENCY OF THE SOCIAL SECURITY AND MEDICARE 
                    TRUST FUNDS.

     (a) Debt Reduction.--The Director of the Congressional Budget 
Office shall report to Congress by February 1 of each year whether--
          (1) 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
          (2) there is an on-budget surplus for that fiscal year.
    (b) Social Security Solvency.--The Board of Trustees of the Federal 
Old-Age and Survivors Insurance Trust Fund and the Federal Disability 
Insurance Trust Fund shall report to Congress by February 1 of each 
year whether outlays from such trust funds are anticipated to exceed 
the revenues to such trust funds during any of the next 5 years.
    (c) Medicare Solvency.--The Board of Trustees of the Federal 
Hospital Insurance Trust Fund shall report to Congress by February 1 of 
each year whether outlays from such trust fund are anticipated to 
exceed the revenues to such trust fund during any of the next 5 fiscal 
years.

SEC. 9. PROTECTION OF SOCIAL SECURITY AND MEDICARE BENEFITS.

    No funds shall be transferred under this Act if such expenditure 
diminishes benefit obligations of the Federal Old-Age and Survivors 
Insurance Trust Fund, the Federal Disability Insurance Trust Fund, the 
Federal Hospital Insurance Trust Fund, or the Federal Supplementary 
Medical Insurance Trust Fund or if there is not an on-budget surplus.

           TITLE I--COASTAL IMPACT ASSISTANCE AND STEWARDSHIP

SEC. 101. DEFINITIONS

    Section 2 of the Outer Commercial Shelf Lands Act (43 U.S.C. 1331) 
is amended by adding at the end the following:
    ``(r) The term `coastal population' means the population of all 
political subdivisions, as determined by the most recent official data 
of the Census Bureau, contained in whole or in part within the 
designated coastal boundary of a State as defined in a State's coastal 
zone management program under the Coastal Zone Management Act (16 
U.S.C. 1451 et seq.).
    ``(s) The term `Coastal State' has the same meaning as provided by 
subsection 304(4) of the Coastal Zone Management Act (16 U.S.C. 
1453(4)).
    ``(t) The term `coastline' has the same meaning as the term `coast 
line' as defined in subsection 2(c) of the Submerged Lands Act (43 
U.S.C. 1301(c)).
    ``(u) The term `lease tract' means a tract maintained under section 
6 or leased under section 8 for the purpose of drilling for, 
developing, and producing oil and natural gas resources.
    ``(v) The term `qualified Outer Continental Shelf revenues' means 
all amounts 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 this Act, 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 royalties taken in kind and sold), net profit share 
payments, and related late payment interest. Such term does not include 
any revenues from a leased tract or portion of a leased tract that is 
included within any area of the Outer Continental Shelf where a 
moratorium on new leasing was in effect as of January 1, 2000, unless 
the lease was issued prior to the establishment of the moratorium and 
was in production on January 1, 2000.''.

SEC. 102. COASTAL IMPACT ASSISTANCE.

    The Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) is 
amended by adding at the end the following:

``SEC. 31. COASTAL IMPACT ASSISTANCE.

    ``(a) Definitions.--When used in this section--
          ``(1) The term `coastal political subdivision' means a 
        county, parish, or any equivalent subdivision of a Producing 
        Coastal State which subdivision lies within the coastal zone 
        (as defined in section 304(1) of the Coastal Zone Management 
        Act (16 U.S.C. 1453(1)) and within a distance of 200 miles from 
        the geographic center of any leased tract.
          ``(2) The term `distance' means minimum great circle 
        distance, measured in statute miles.
          ``(3) The term `Producing Coastal State' means a Coastal 
        State with a coastal seaward boundary within 200 miles from the 
        geographic center of a leased tract other than a leased tract 
        within any area of the Outer Continental Shelf where a 
        moratorium on new leasing was in effect as of January 1, 2000, 
        unless the lease was issued prior to the establishment of the 
        moratorium and was in production on January 1, 2000.
    ``(b) Funding.--Amounts transferred to the Secretary under section 
2(b)(1) of the Conservation and Reinvestment Act in a fiscal year shall 
be available for obligation and expenditure for the purposes of this 
section, without further appropriations and without fiscal year 
limitation.
    ``(c) Impact Assistance Payments to States and Political 
Subdivisions.--Notwithstnding section 9, the Secretary shall make 
payments from the amounts available under this section to Producing 
Coastal States with an approved Coastal Impact Assistance Plan, and to 
coastal political subdivisions as follows:
          ``(1) Allocations to producing coastal states.--In each 
        fiscal year, each Producing Coastal State's allocable share 
        shall be equal to the sum of the following:
                  ``(A) $245,000,000 equally divided among all 
                Producing Coastal States;
                  ``(B) $185,000,000 divided among Producing Coastal 
                States based on Outer Continental Shelf production.
          ``(2) Calculation.--The amount for each Producing Coastal 
        State under paragraph (1)(B) shall be calculated based on the 
        ratio of qualified OCS revenues generated off the coastline of 
        the Producing Coastal State to the qualified OCS revenues 
        generated off the coastlines of the Producing Coastal States, 
        for the preceding five-year period and recalculated each fifth 
        year thereafter. Where there is more than one Producing Coastal 
        State within 200 miles of a leased tract, the amount of each 
        Producing Coastal State's payment under paragraph (1)(B) for 
        such leased tract 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. A leased tract or portion of a 
        leased tract shall be excluded if the tract or portion is 
        located in a geographic area where a moratorium on new leasing 
        was in effect on January 1, 2000, unless the lease was issued 
        prior to the establishment of the moratorium and was in 
        production on January 1, 2000.
          ``(3) Payments to coastal political subdivisions.--Twenty 
        percent of each Producing Coastal State's allocable share as 
        determined under paragraph (1) shall be paid directly to the 
        coastal political subdivisions by the Secretary based on the 
        following formula:
                  ``(A) 25 percent shall be allocated based on the 
                ratio of such coastal political subdivision's coastal 
                population to the coastal population of all coastal 
                political subdivisions in the Producing Coastal State; 
                except that for those coastal political subdivisions in 
                the State of Louisiana without a coastline, the 
                coastline for purposes of this element of the formula 
                shall be the average length of the coastline of the 
                remaining coastal subdivisions in the state.
                  ``(B) 25 percent shall be allocated based on the 
                ratio of such coastal political subdivision's coastline 
                miles to the coastline miles of a coastal political 
                subdivision in the Producing Coastal State.
                  ``(C) 50 percent shall be allocated based on the 
                relative distance of such coastal political subdivision 
                from any leased tract used to calculate the Producing 
                Coastal State's allocation using ratios that are 
                inversely proportional to the distance between the 
                point in the coastal political subdivision closest to 
                the geographic center of each leased tract or portion, 
                as determined by the Secretary; except that in the 
                State of Louisiana the funds for this element of the 
                formula shall be divided equally among all coastal 
                political subdivisions. For purposes of the 
                calculations under this subparagraph, a leased tract or 
                portion of a leased tract shall be excluded if the 
                leased tract or portion is located in a geographic area 
                where a moratorium on new leasing was in effect on 
                January 1, 2000, unless the lease was issued prior to 
                the establishment of the moratorium and was in 
                production on January 1, 2000.
          ``(4) Failure to have plan approved.--Any amount allocated to 
        a Producing Coastal State or coastal political subdivision but 
        not disbursed because of a failure to have an approved Coastal 
        Impact Assistance Plan under this section shall be allocated 
        equally by the Secretary among all other Producing Coastal 
        States in a manner consistent with this subsection except that 
        the Secretary shall hold in escrow such amount until the final 
        resolution of any appeal regarding the disapproval of a plan 
        submitted under this section. The Secretary may waive the 
        provisions of this paragraph and hold a Producing Coastal 
        State's allocable share in escrow if the Secretary determines 
        that such State is making a good faith effort to develop and 
        submit, or update, a Coastal Impact Assistance Plan.
    ``(d) Coastal Impact Assistance Plan.--
          ``(1) Development and submission of state plans.--The 
        Governor of each Producing Coastal State shall prepare, and 
        submit to the Secretary, a Coastal Impact Assistance Plan which 
        shall incorporate the plans of coastal political subdivisions, 
        and may also incorporate the Statewide Coastal Conservation 
        Plan required under section 32 of this Act. The Governor shall 
        solicit local input and shall provide for public participation 
        in the development of the plan. The plan shall be submitted to 
        the Secretary by July 1, 2001 and updated at least once every 5 
        years thereafter. Amounts received by Producing Coastal States 
        and coastal political subdivisions may be used only for the 
        purposes specified in the Producing Coastal State's Coastal 
        Impact Assistance Plan.
          ``(2) Approval.--The Secretary shall approve a plan under 
        paragraph (1) prior to disbursement of amounts under this 
        section. The Secretary shall approve the plan if the Secretary 
        determines that the plan is consistent with the uses set forth 
        in subsection (e) 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 section.
                  ``(B) A program for the implementation of the plan 
                which describes how the amounts provided under this 
                section will be used.
                  ``(C) A description of how coastal political 
                subdivisions will use amounts provided under this 
                section, including a certification by the Governor that 
                such uses are consistent with the requirements of this 
                section.
                  ``(D) Certification by the Governor that ample 
                opportunity has been accorded for public participation 
                in the development and revision of the plan.
                  ``(E) Measures for taking into account other relevant 
                Federal resources and programs.
          ``(3) Procedure.--The Secretary shall approve or disapprove 
        each plan or amendment within 90 days of its submission.
          ``(4) Amendment.--Any amendment to the plan shall be prepared 
        in accordance with the requirements of this subsection and 
        shall be submitted to the Secretary for approval or 
        disapproval.
    ``(e) Authorized Uses.--Producing Coastal States and coastal 
political subdivisions shall use amounts provided under this section, 
including any such amounts deposited in a State or coastal political 
subdivision administered trust fund dedicated to uses consistent with 
this subsection, in compliance with Federal and State law and only for 
one or more of the following purposes:
          ``(1) uses authorized under subsection 32(c) of this Act 
        relating to coastal stewardship;
          ``(2) projects and activities for the conservation, 
        protection or restoration of wetlands;
          ``(3) mitigating damage to fish, wildlife or natural 
        resources, including such activities authorized under subtitle 
        B of title IV of the Oil Pollution Act of 1990 (33 U.S.C. 
        1321(c), (d));
          ``(4) planning assistance and administrative costs of 
        complying with the provisions of this section;
          ``(5) implementation of Federally approved marine, coastal, 
        or comprehensive conservation management plans; and
          ``(6) mitigating impacts of Outer Continental Shelf 
        activities through funding of onshore infrastructure and public 
        service needs; Provided, That funds made available under this 
        paragraph shall not exceed 23 percent of the funds provided 
        under this section.
    ``(f) Compliance With Authorized Uses.--If the Secretary determines 
that any expenditure made by a Producing Coastal State or coastal 
political subdivision is not consistent with the uses authorized in 
subsection (e), the Secretary shall not disburse any further amounts 
under this section to that Producing Coastal State or coastal political 
subdivision until the amounts used for the inconsistent expenditure 
have been repaid or obligated for authorized uses.

SEC. 103. OCEAN AND COASTAL CONSERVATION.

    The Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) is 
further amended by adding at the end the following:

``SEC. 32. OCEAN AND COASTAL CONSERVATION.

    ``(a) Funding.--Amounts transferred to the Secretary of Commerce 
under section 2(b)(2) of the Conservation and Reinvestment Act in a 
fiscal year shall be available for obligation and expenditure for the 
purpose of this section, without further appropriation and without 
fiscal year limitation.
    ``(b) Allocation Of Funds.--Notwithstanding section 9, the 
Secretary of Commerce shall allocate amounts available under this 
section as follows:
          ``(1) for uses identified in subsection (c), $250,000,000; 
        and
          ``(2) for uses identified in subsection (d), $100,000,000.
    ``(c) Coastal Stewardship.--
          ``(1) Allocation to coastal states.--The Secretary of 
        Commerce shall allocate among all Coastal States with an 
        approved Statewide Coastal Conservation Plan, the amounts 
        available under subsection (b)(1) as follows:
                  ``(A) 25 percent shall be allocated based on the 
                ration of the Coastal State's coastal population to the 
                coastal population of all Coastal States;
                  ``(B) 25 percent shall be allocated based on the 
                ratio of the Coastal State's coastline miles to the 
                coastline miles of all Coastal States; and
                  ``(C) 50 percent shall be equally divided among all 
                Coastal States.
          ``(2) Failure to Have plan approved.--Any amount allocated to 
        a Coastal State but not disbursed because of a failure to have 
        an approved Statewide Coastal Conservation Plan under this 
        subsection shall be allocated among all other Coastal States in 
        a manner consistent with paragraph (1), except that the 
        Secretary of Commerce shall hold in escrow such amount until 
        the final resolution of any appeal regarding the disapproval of 
        a plan submitted under this subsection. The Secretary of 
        Commerce may waive the provisions of this paragraph and hold a 
        Coastal State's allocable share in escrow if the Secretary of 
        Commerce determines that such State is making a good faith 
        effort to develop and submit, or update, a Statewide Coastal 
        Conservation Plan.
          ``(3) Development and submission of state plans.--(A) The 
        Governor of each Coastal State shall prepare, and submit to the 
        Secretary of Commerce, a Statewide Coastal Conservation Plan. 
        The Governor shall solicit local input and shall provide for 
        public participation in the development of the Plan. The Plan 
        shall be submitted to the Secretary of Commerce by July 1, 
        2001, and updated at least once every 5 years thereafter. Each 
        Plan shall consider ways to use amounts received under this 
        subsection to assist local governments, non-profit 
        organizations, or public institutions with activities or 
        programs consistent with this subsection. Amounts received by 
        Coastal States may be used only for the purposes specified in 
        the Statewide Coastal Conservation Plan.
          ``(B) Approval.--The Secretary of Commerce shall approve a 
        Statewide Coastal Conservation Plan under subparagraph (A) 
        prior to disbursement of amounts under this section. The 
        Secretary of Commerce shall approve the Plan if the Secretary 
        of Commerce determines that the Plan is consistent with the 
        uses set forth in paragraph (4) and if the Plan contains each 
        of the following:
                  ``(i) The name of the State agency that will have the 
                authority to represent and act for the State in dealing 
                with the Secretary of Commerce for purposes of this 
                subsection;
                  ``(ii) A program for the implementation of the Plan 
                which describes how amounts will be used to protect and 
                manage the State's coastal, estuarine, and marine 
                resources in accordance with the requirements of this 
                subsection;
                  ``(iii) Certification by the Governor that ample 
                opportunity has been accorded for public participation 
                in the development and revision of the Plan; and
                  ``(iv) Measures for taking into account other 
                relevant Federal resources and programs.
          ``(C) Procedure.--The Secretary shall approve or disapprove 
        each plan or amendment within 90 days of its submission.
          ``(D) Amendment.--Any amendment to the plan shall be prepared 
        in accordance with the requirements of this paragraph and shall 
        be submitted to the Secretary of Commerce for approval or 
        disapproval.
          ``(4) Authorized uses.--Coastal States shall use amounts 
        provided under this subsection in compliance with Federal and 
        State law and only for one or more of the following purposes--
                  ``(A) activities which support and are consistent 
                with the Coastal Zone Management Act, including 
                National Estuarine Research Reserve programs, the 
                National Marine Sanctuaries Act, the Magnuson-Stevens 
                Fishery Conservation and Management Act, or the 
                National Estuaries program;
                  ``(B) conservation, restoration, enhancement or 
                protection of coastal or marine habitats including 
                wetlands, estuaries, coastal barrier islands, coastal 
                fishery resources and coral reefs, including projects 
                to remove abandoned vessels or marine debris that may 
                adversely affect coastal habitats;
                  ``(C) protection, restoration and enhancement of 
                coastal water quality consistent with the provisions of 
                the Coastal Zone Management Act (16 U.S.C. 1451 et 
                seq.), including the reduction or monitoring of coastal 
                polluted runoff or other coastal contaminants;
                  ``(D) addressing watershed protection or other 
                coastal or marine conservation needs which cross 
                jurisdictional boundaries;
                  ``(E) assessment, research, mapping and monitoring of 
                coastal or marine resources and habitats, including, 
                where appropriate, the establishment and monitoring of 
                marine protected areas;
                  ``(F) addressing coastal conservation needs 
                associated with seasonal or otherwise transient 
                fluctuations in coastal populations;
                  ``(G) protection and restoration of natural coastline 
                protective features, including control of coastline 
                erosion;
                  ``(H) identification, prevention and control of 
                invasive exotic and harmful non-indigenous species;
                  ``(I) assistance a local communities to assess, plan 
                for and manage the impacts of growth and development on 
                coastal or marine habitats and natural resources, 
                including coastal community fishery assistance programs 
                that encourage participation in sustainable fisheries; 
                and
                  ``(J) projects that promote research, education, 
                training and advisory services in fields related to 
                coastal and Great Lakes living marine resource use and 
                management.
          ``(5) Compliace with authorized uses.--If the Secretary 
        determines that any expenditure made by a Coastal State is not 
        consistent with the uses authorized in paragraph (4), the 
        Secretary shall not disburse any further amounts under this 
        subsection to that Coastal State until the amounts used for 
        such expenditure have been repaid or obligated for authorized 
        uses.
    ``(d) Cooperative Fisheries Enforcement and Research and 
Management.--The amounts made available under subsection (b)(2) shall 
be allocated by the Secretary of Commerce for the following purposes, 
with not less than 25 percent used for Cooperative Enforcement 
Agreements under paragraphs (2):
          ``(1) Technical and administrative expenses.--Up to five 
        percent of such amounts may be used by the Secretary of 
        Commence to provide technical assistance to a State and cover 
        administrative costs associated with this subsection.
          ``(2) Cooperative enforcement uses.--(A) The Governor of 
        Hawaii, a territory, or a State represented on an Interstate 
        Marine Fisheries Commission may apply to the Secretary of 
        Commerce for execution of a cooperative enforcement agreement 
        with the Secretary of Commerce. Cooperative agreements between 
        the Secretary of Commerce and such States shall authorize the 
        deputization of State law enforcement officers with marine law 
        enforcement responsibilities to perform duties of the Secretary 
        of Commerce relating to any law enforcement provision of any 
        marine resources laws enforced by the Secretary of Commerce. 
        Such cooperative enforcement agreements shall be consistent 
        with the purposes and intent of section 311(a) of the Magnuson-
        Stevens Fishery Conservation and Management Act (16 U.S.C. 
        1861(a)), to the extent applicable to the regulated activities.
          ``(B) Upon receiving an application meeting the requirements 
        of this subsection, the Secretary of Commerce shall enter into 
        the cooperative enforcement agreement with the requesting 
        State. The Secretary of Commerce shall include in each 
        cooperative enforcement agreement an allocation of funds to 
        assist in management of the agreement. The allocation shall be 
        distributed among all States participating in cooperative 
        enforcement agreements under this paragraph based upon 
        consideration of the specific marine conservation enforcement 
        needs of each participating State.
          ``(3) Cooperative research and management uses.--(A) The 
        Governor of Hawaii, a territory, or any State represented on an 
        Interstate Marine Fisheries Commission may apply to the 
        Secretary of Commerce for the execution of a research and 
        management agreement, on a sole source basis for the purpose of 
        undertaking eligible projects required for the effective 
        management of living marine resources of the United States. 
        Upon determining that the application meets the requirements of 
        this subsection, the Secretary of Commerce shall enter into 
        such agreement.
          ``(B) The Secretary of Commerce shall allocate to States 
        participating in a research and management agreement under this 
        subsection funds to assist in implementing the agreement.
          ``(C) For purposes of this subsection, eligible projects are 
        those which address critical needs identified in fishery 
        management reports or plans developed and approved by a State, 
        Marine Fisheries Commission, Regional, Fishery. Management 
        Council, or other regional or tribal entity, charged with 
        management and conservation of living marine resources, and 
        that pertain to--
                  ``(i) the collection and analysis of fishery data and 
                information, including data on landings, fishing 
                effort, biology, habitat, economics and social changes, 
                including those information needs identified pursuant 
                to section 401 of the Magnuson-Stevens Fishery 
                Conservation and Management Act (16 U.S.C. 1881); or
                  ``(ii) the development of measures to promote 
                innovative or cooperative management of fisheries.
          ``(D) In making funds available under this paragraph, the 
        Secretary of Commerce shall give priority to eligible projects 
        that meet the following criteria:
                  ``(i) establishment of observer programs;
                  ``(ii) cooperative research projects developed among 
                States, academic institutions, and the fishing 
                industry, to obtain data or other information necessary 
                to meet national or regional management priorities;
                  ``(iii) projects to reduce harvesting capacity 
                performed in a manner consistent with section 312(b) of 
                the Magnuson-Stevens Fishery and Conservation Act (16 
                U.S.C. 1862(b));
                  ``(iv) projects designed to identify ecosystem 
                impacts of fishing, including the relationship between 
                fishing harvest and marine mammal population abundance;
                  ``(v) projects to develop sustainable experimental 
                fisheries and fishery harvest techniques and fishing 
                gear that provide conservation benefits, including 
                reduction of fishing bycatch;
                  ``(vi) projects to develop sustainable aquaculture; 
                or
                  ``(vii) projects for the identification, 
                conservation, restoration or enhancement of coastal 
                fishery resources and habitats.
          ``(4) Commerce procedures.--Within 90 days after the 
        enactment of the Conservation and Reinvestment Act, the 
        Secretary of Commerce shall adopt procedures necessary to 
        implement this subsection.
          ``(5) Congressional approval.--The President shall include 
        in, as part of the annual budget proposal, a priority list of 
        allocations to Coastal States under this subsection. Amounts 
        shall be made available under section 2(b)(2) of the 
        Conservation and Reinvestment Act 15 days after the sin die 
        adjournment of the Congress each year, without further 
        appropriation, for the projects identified on the priority 
        list, unless prior to such date, legislation is enacted 
        establishing a different priority list. If congress enacts 
        legislation establishing an alternate priority list, and such 
        priority list funds less than the annual authorized funding 
        amount identified in this subsection, the difference between 
        the authorized funding amount and the alternate priority list 
        shall be available for expenditure, without further 
        appropriation, in accordance with the priority list submitted 
        by the President.''.

SEC. 104. CORAL REEF PROTECTION.

    (a) Funding.--Amounts transferred to the Secretaries of Interior 
and Commerce under section 2(b)(3) of the Conservation and Reinvestment 
Act in a fiscal year shall be available for obligation and expenditure 
for the purposes of this section, without further appropriation and 
without fiscal year limitation.
    (b) Coral Reef.--As used in this section, the term ``coral reef'' 
means species (including reef plants and coralline algae), habitats, 
and other natural resources associated with any reefs or shoals 
composed primarily of corals within all maritime areas and zones 
subject to the jurisdiction of the United States, including in the 
Atlantic Ocean, Caribbean Sea, Gulf of Mexico, and Pacific Ocean or 
subject to the jurisdiction of the Republic of the Marshall Islands, 
the Federated States of Micronesia, or the Republic of Palau as long as 
such entity is in free association with the United States.
    (c) Allocation of Funds.--Amounts under this section shall be 
allocated as follows:
          (1) $12,500,000 shall be made available to the Secretary of 
        Commerce; and
          (2) $12,500,000 shall be made available to the Secretary of 
        the Interior; to be administered in accordance with this 
        section.
    (d) Uses.--The Secretary of Commerce and the Secretary of the 
Interior shall use amounts provided under this section for activities 
that contribute to or result in preserving, sustaining or enhancing the 
health, diversity or viability of coral reef ecosystems. No amounts 
provided under this section shall be used for the acquisition of lands 
or interests in lands. In determining how to allocate amounts under 
this section, the Secretaries shall give priority to those areas of 
most critical environmental need. Uses may include:
          (1) actions to enhance or improve resource management of 
        coral reefs, such as assessment, scientific research, 
        protection, restoration and mapping;
          (2) habitat monitoring and species surveys and monitoring;
          (3) activities necessary for planning and development of 
        strategies for coral reef management;
          (4) community outreach and education on coral reef importance 
        and conservation;
          (5) activities in support of the enforcement of laws relating 
        to coral reefs; and
          (6) grants of financial assistance for the uses authorized in 
        this subsection to natural resource management authorities of 
        States or territories of the Untied States, the Republic of the 
        Marshall Islands, the Federated States of Micronesia, the 
        Republic of Palau, or other government authorities with 
        jurisdiction over coral reefs or whose activities affect coral 
        reefs, or educational or non-governmental organizations with 
        demonstrated expertise in marine science or the conservation of 
        coral reefs.
    (e) Consultation.--In developing guidelines and requirements to 
implement this section, the Secretary of Commerce and the Secretary of 
the Interior shall consult with the Coral Reef Task Force established 
under Executive Order 13089 (June 11, 1998), States and territories, 
the Republic of the Marshall Islands, the Federated States of 
Micronesia, the Republic of Palau, regional and local entities, and 
non-governmental organizations involved in coral and marine 
conservation.
    (f) Congressional Approval.--The President shall transmit, as part 
of the annual budget proposal, a priority list for all allocations 
under this section. Amounts shall be made available under section 
2(b)(3) of the Conservation and Reinvestment Act 15 days after the sine 
die adjournment of the Congress each year, without further 
appropriation, for the projects identified on the priority list, 
unless, prior to such date, legislation is enacted establishing a 
different priority list. If Congress enacts legislation establishing an 
alternate priority list, and such priority list funds less than the 
annual authorized funding amount identified in this section, the 
difference between the authorized funding and the alternate priority 
list shall be available for expenditure, without further appropriation, 
in accordance with the priority list submitted by the Secretary of the 
Interior and Secretary of Commerce.

               TITLE II--LAND AND WATER CONSERVATION FUND

SEC. 201. SHORT TITLE.

    This title may be cited as the ``Land and Water Conservation Fund 
Act Amendments of 2000''.

SEC. 202. LAND AND WATER CONSERVATION FUND AMENDMENTS.

    (a) Amounts Transferred From Conservation and Reinvestment Act 
Fund.--Section 2(c) of the Land and Water Conservation Fund Act of 1965 
(16 U.S.C. 460l-5(c)) is amended to read as follows:
    ``(c) 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 
deposited into the fund all amounts transferred to the fund under 
section 2(b)(4) of the Conservation and Reinvestment Act. Such amounts 
shall only be used to carry out the purposes of this Act.''.
    (b) Annual Funding Authority.--Section 3 of the Land and Water 
Conservation Fund Act of 1965 (16 U.S.C. 460l-6) is amended to read as 
follows:
    ``Of amounts in the fund, $900,000,000 shall be available each 
fiscal year for obligation and expenditure in accordance with section 5 
of this Act, without further appropriation and without fiscal year 
limitation. Other moneys in the fund shall be available for expenditure 
only when appropriated therefor. Such appropriations may be made 
without fiscal year limitation.''.
    (c) Allocation of Funds.--Section 5 of the Land and Water 
Conservation Fund Act of 1965 (16 U.S.C. 460l-7) is amended to read as 
follows:
    ``Of the amounts made available each fiscal year, fifty percent of 
the funds shall be used for Federal land acquisition purposes as 
provided in section 7 of this Act and fifty percent shall be used for 
financial assistance to States as provided in section 6 of this Act.''.

SEC. 203. ALLOCATION OF AMOUNTS FOR STATE PURPOSES.

    (a) Facility Rehabilitation.--Section 6(a) of the Land and Water 
Conservation Fund Act of 1965 (16 U.S.C. 460l-8(b)) is amended by 
deleting ``(3) development.'' and inserting ``(3) development, 
including facility rehabilitation.''.
    (b) State Funding Allocations.--Section 6(b) of the Land and Water 
Conservation Fund Act of 1965 (16 U.S.C. 460l-8(b)) is amended to read 
as follows:
    ``(b) Apportionment Among States.--(1) Not more than 4 percent of 
the amounts made available for financial assistance to States each 
fiscal year may be deducted by the Secretary for expenses in the 
administration of this section. Such amount is authorized to be made 
available therefor until the expiration of the next succeeding fiscal 
year. Within 60 days after the close of such fiscal year, the Secretary 
shall apportion any unexpended amounts, in a manner consistent with 
this subsection.
    ``(2) The Secretary, after making the deduction under paragraph 
(1), shall apportion the remaining amounts as follows:
          ``(A) Sixty percent shall be apportioned equally among the 
        several States; and
          ``(B) Forty percent shall be apportioned on the basis of the 
        ratio which the population of each State bears to the total 
        population of the United States.
    ``(3) The total apportionment to an individual State under 
paragraph (2) shall not exceed 10 percent of the total amount made 
available for financial assistance to the States in any one year.
    ``(4) The Secretary shall notify each State of its apportionment, 
and the amount thereof shall be available thereafter to such State for 
planning, acquisition, or development projects as hereafter described. 
Any amount of any apportionment that has not been paid or obligated by 
the Secretary during the fiscal year in which such notification is 
given and for two fiscal years thereafter shall be reapportioned by the 
Secretary in accordance with paragraph (2).
    ``(5)(A) For the purposes of paragraph (2)--
          ``(i) the District of Columbia shall be treated as a State; 
        and
          ``(ii) Puerto Rico, the Virgin Islands, Guam, American Samoa 
        and the Commonwealth of the Northern Mariana Islands shall be 
        treated collectively as one State and shall receive shares of 
        such apportionment in proportion to their populations.
    ``(B) Each of the areas referred to in subparagraph (A) shall be 
treated as a State for all other purposes of this Act.
    ``(6)(A) For the purposes of paragraph (2) of this subsection, all 
Federally recognized Indian tribes or, in the case of Alaska, Native 
Corporations (as defined in section 3 of the Alaska Native Claims 
Settlement Act (43 U.S.C. 1602)) shall be treated collectively as one 
State and be eligible to receive shares of apportionment in accordance 
with a competitive grant program established by the Secretary.
    ``(B) No single tribe or Alaska Native Corporation shall receive 
more than 10 percent of the total amount made available under this 
paragraph.
    ``(C) Funds received by a tribe or Alaska Native Corporation under 
this paragraph may be expended only for the purposes specified in 
paragraphs (1) and (3) of subsection (a).
    ``(7) Absent a 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 paragraphs (5) and (6) of this 
subsection) shall make at least 25 percent of its annual apportionment 
available as grants to local governments within such State.''.

SEC. 204. STATE PLANNING.

    (a) State Action Agenda.--
          (1)In general.--Section 6(d) of the Land and Water 
        Conservation Fund Act of 1965 (16 U.S.C. 460l-8(d)) is amended 
        to read as follows:
    ``(d) State Action Agenda.--
          ``(1) A state Action Agenda for Community Recreation and 
        Conservation (in this Act referred to as the ``State Action 
        Agenda'') shall be required prior to the consideration by the 
        Secretary of financial assistance under this section. The State 
        Action Agenda shall be adequate if, in the judgment of the 
        Secretary, it encompasses and will promote the purposes of this 
        Act.
          ``(2) Each State, in partnership with its local governments 
        and Federal agencies, shall develop a State Action Agenda 
        within 5 years after the date of enactment of the Conservation 
        and Reinvestment Act. Each State may define its own priorities 
        and criteria for selection of outdoor recreation and 
        conservation acquisition and development projects eligible for 
        grants under this Act so long as it provides for public 
        involvement in this process. The State Action Agenda shall be 
        strategic, originating in broad-based and long-term needs, but 
        focused on actions that can be funded over the next 5 years. A 
        State Action Agenda must be updated at least once every 5 
        years.
          ``(3) The State Action Agenda shall contain:
                  ``(A) the name of the State agency that will have 
                authority to represent and act for the State in dealing 
                with the Secretary for the purposes of this Act;
                ``(B) the priorities and criteria for selection of 
                outdoor recreation and conservation acquisition and 
                development projects; and
                  ``(C) certification by the Governor that the agenda's 
                conclusions and proposed actions reflect an ample 
                opportunity for public participation.
          ``(4) State Action Agendas shall take into account all 
        providers of recreation and conservation 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 (16 U.S.C. 2506) shall 
        be used by a State as a guide to the conclusions, priorities, 
        and action schedules contained in State Action Agenda. Each 
        State shall assure that any requirements for local outdoor 
        recreation and conservation 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 of 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) Conforming amendments.--(1) Section 6(e) of the Land and Water 
Conservation Fund Act of 1965 (16 U.S.C. 460l-8(e)) is amended--
          (A) in the first sentence by striking ``State comprehensive 
        plan'' and inserting ``State Action Agenda''; and
          (B) in paragraph (1) by striking ``comprehensive plan'' and 
        inserting ``State Action Agenda.''
     (2) Reference to a ``State comprehensive plan'' (within the 
meaning of the Land and Water Conservation Act of 1965) in any law 
shall be deemed to be to the State Action Agenda established by this 
section.

SEC. 205. ASSISTANTCE TO STATES FOR OTHER PROJECTS.

    Section 6(e) of the Land and Water Conservation Fund Act of 1965 
(16 U.S.C. 460l-8(e)) is further amended--
          (1) in subsection (e)(1) by shrinking ``, but not including 
        incidental costs relating to acquisition''; and
          (2) in subsection (e)(2) by striking ``facilities'' the first 
        place it appears and inserting ``facilities, or to enhance 
        public safety within a designated park or recreation area''.

SEC. 206. CONVERSION OF PROPERTY TO OTHER USE.

    Section 6(f)(3) of the Land and Water Conservation Fund Act of 1965 
(16 U.S.C. 460l-8(f)(3)) is amended--
          (1) by inserting ``(A)'' before ``No property''; and
          (2) by striking the second sentence (including the proviso) 
        and inserting the following:
                  ``(B) With the exception of those properties that are 
                no longer viable as an outdoor recreation and 
                conservation facility due to changes in demographics or 
                which must be abandoned because of environmental 
                contamination or other condition that endangers public 
                health and safety, the Secretary shall approve such 
                conversion only if the State demonstrates no prudent or 
                feasible alternative exists. Any conversion must 
                satisfy such conditions as the Secretary deems 
                necessary to assure the substitution of other 
                recreation and conservation properties of at least 
                equal fair market value and reasonably equivalent 
                usefulness and location and which are consistent with 
                the existing State Action Agenda.''.

SEC. 207. FEDERAL LAND ACQUISITION.

    (a) Federal land acquisition projects.--Section 7(a) of the Land 
and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-9(a)) is 
amended--
          (1) by striking ``Moneys appropriated'' and all that follows 
        through ``subpurposes:'' and inserting the following:
          ``(1)(A) The President shall transmit, as part of the annual 
        budget proposal, a priority list for Federal land acquisition 
        projects that fully allocates the amount made available for 
        Federal land acquisition projects for that fiscal year. The 
        President shall require the Secretary of the Interior and the 
        Secretary of Agriculture to develop priority lists for projects 
        under each Secretary's jurisdiction. The Secretaries shall 
        prepare the lists in consultation with the head of each 
        affected bureau or agency, taking into account the best 
        professional judgment regarding the land acquisition priorities 
        and policies of each bureau or agency. In preparing the lists, 
        the Secretaries shall consider whether land exchanges, 
        consolidation of Federal land ownership within a State, or the 
        acquisition of conservation easements can be used with respect 
        to proposed acquisitions. The Secretaries also shall consult 
        with the Governors of the States and shall carefully consider 
        any recommendations made by the Governor for any land 
        acquisition within the State and any concerns on the 
        acquisition of individual parcels.
          ``(B) The President shall also transmit the priority list to 
        the Committee on Resources of the House of Representatives and 
        the Committee on Energy and Natural Resources of the Senate 
        together with a list of all expenditures made during the prior 
        fiscal year and the specific statutory authorization for each 
        proposed land acquisition on the priority list and not later 
        than May 1 of each year shall transmit to the Committee on 
        Appropriations of the Senate a priority list for land 
        acquisitions for the next fiscal year for lands that have been 
        specifically authorized for acquisition by statute.
          ``(2) Amounts made available from the fund for Federal land 
        acquisition projects shall be used for the following purposes 
        and subpurposes:'' and
           (2) by redesignating paragraphs (1), (2), and (3) as 
        subparagraphs (A), (B), and (C) respectively.
     (b) Section 7(b) of the Land and Water Conservation Fund Act of 
1965 (16 U.S.C. 460l-9(b)) is amended to read as follows:
     ``(b) Acquisition Restrictions.--(1) Limitation on Expenditure.--
No money shall be obligated or expended for Federal land acquisition 
purposes under this section unless approved in an Act making 
appropriations.
     ``(2) Authorization Requirement.--Appropriations from the funds 
pursuant to this section shall not be used for acquisition unless such 
acquisition is otherwise authorized by law: Provided, however, That 
appropriations from the fund may be used for preacquisition work in 
instances where authorization is imminent and where substantial 
monetary savings could be realized.
     ``(3) Willing Seller.--Amounts made available for Federal land 
acquisition purposes under this section shall not be used to acquire 
property unless--
           ``(A) the owner of the property is willing to sell; or
           ``(B) the acquisition is authorized by law and is conducted 
        in accordance therewith.''.

             TITLE III--WILDLIFE CONSERVATION AND RESTORATION

 SEC. 301. DEFINITIONS.

     (a) Reference to Law.--The term ``Federal Aid in Wildlife 
Restoration Act'' means the Act of September 2, 1937 (16 U.S.C. 669 et 
seq.), commonly referred to as the Federal Aid in Wildlife Restoration 
Act or the Pittman-Robertson Act.
     (b) Definitions.--Section 2 of the Federal Aid in Wildlife 
Restoration Act (16 U.S.C. 669a) is amended to read as follows:

 ``SEC. 2. DEFINITIONS.

     ``As used in this Act--
           ``(1) the term `conservation' means 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;
           ``(2) the term `Secretary' means the Secretary of the 
        Interior,
           ``(3) the term `State fish and game department' or `State 
        fish and wildlife department' means any department or division 
        of department of another name, or commission, or official or 
        officials, of a State empowered under its laws to exercise the 
        functions ordinarily exercised by a State fish and game 
        department or State fish and wildlife department.
           ``(4) the term `wildlife' means 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;
           ``(5) the term `wildlife-associated recreation' means 
        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;
           ``(6) 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 304(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;
           ``(7) the term `wildlife conservation education' means 
        projects, including public outreach, intended to foster 
        responsible natural resource stewardship; and
           ``(8) the term `wildlife-restoration project' includes the 
        wildlife conservation and restoration program and means the 
        selection, restoration, rehabilitation, and improvement of 
        areas of land or water adaptable as feeding, resting, or 
        breeding places for wildlife, including acquisition of such 
        areas or estates or interests therein as are suitable or 
        capable of being made suitable therefor, and the construction 
        thereon or therein of such works as may be necessary to make 
        them available for such purposes and also including such 
        research into problems of wildlife management as may be 
        necessary to efficient administration affecting wildlife 
        resources, and such preliminary or incidental costs and 
        expenses as may be incurred in and about such projects.''

 SEC. 302. WILDLIFE CONSERVATION AND RESTORATION ACCOUNT.

     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 fund a subaccount to be known as 
the ``Wildlife Conservation and Restoration Account''. Amounts 
transferred to the Secretary under section 2(b)(5) of the Conservation 
and Reinvestment Act shall be deposited in the subaccount and shall be 
available without further appropriation for obligation and expenditure, 
in each fiscal year, for apportionment in accordance with this Act to 
carry out State wildlife conservation and restoration programs.''; and
          (2) by adding at the end the following--
    ``(c)(1) Amounts transferred to the Wildlife Conservation and 
Restoration Account 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 not hunted 
or fished.
    ``(2) Funds may be used by a State or an Indian tribe for the 
planning and implementation of its wildlife conservation and 
restoration program and wildlife conservation strategy, as provided in 
section 4(d) and (e) of this Act, including 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.
    ``(3) Priority for funding from the Wildlife Conservation and 
Restoration Account shall be for those species with the greatest 
conservation need.
    ``(d) Notwithstanding subsections (a) and (b) of this section, with 
respect to amounts transferred to the Wildlife Conservation and 
Restoration Account from the Conservation and Reinvestment Act Fund, so 
much of such amounts apportioned to any State for any fiscal year as 
remains unexpended at the close thereof shall remain available for 
obligation in that State until the close of the second succeeding 
fiscal year.''.

SEC. 303. STATE APPORTIONMENTS.

    Section 4 of the Federal Aid in Wildlife Restoration Act (16 U.S.C. 
669c) is amended by adding the following--
    ``(c)  Apportionment of Wildlife Conservation and Restoration 
Account.--(1) Notwithstanding subsection (a), the Secretary may use not 
more than 2 percent of the revenues deposited into the Wildlife 
Conservation and Restoration Account in each fiscal year as necessary 
for expenses in the administration and execution of programs carried 
out under the Wildlife Conservation and Restoration Account and such 
amount shall be available therefor until the expiration of the next 
succeeding fiscal year. Within 60 days after the close of such fiscal 
year, the Secretary shall apportion any portion thereof as remains 
unexpended, if any, on the same basis and in the same manner as is 
provided under paragraphs (2) and (3).
    ``(2) The Secretary, after deducting administrative expenses shall 
make the following apportionment from the Wildlife Conservation and 
Restoration Account:
          ``(A) to the District of Columbia and to the Commonwealth of 
        Puerto Rico, each a sum equal to not more than one-half of 21 
        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 one-fourth of 1 percent thereof; and
          ``(C) to Federally recognized Indian tribes, a sum equal to 
        not more than 2 and \1/4\ percent, one-third of which shall be 
        allocated among the various tribes based on the ratio to which 
        the trust land area of such tribe bears to the total trust land 
        area of all such tribes and two-thirds of which hall be 
        allocated based on the ration to which the population of such 
        tribe bears to the total population of all such tribes; except 
        that no Indian tribe shall receive more than 5 percent per 
        annum of the total annual amount made available to Indian 
        tribes under this subsection.
    ``(3) The Secretary shall apportion the remaining amount in the 
Wildlife Conservation and Restoration Account for each year among the 
States in the following manner:
          ``(A) one-third 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; and
          ``(B) two-thirds of which is based on the ratio to which the 
        population of such State bears to the total population of all 
        such States.
    ``(4) The amounts apportioned under this paragraph shall be 
adjusted equitably so that no State shall be apportioned a sum which is 
less than 1 percent of the amountavailable for apportionment under this 
paragraph for any fiscal year or more than 5 percent of such amount.
    ``(d) Wildlife Conservation and Restoration Program.--(1) Any 
State, may apply to the Secretary for approval of a wildlife 
conservation and restoration program or for funds from the Wildlife 
Conservation and Restoration Account to develop a program which shall--
          ``(A) contain provision for vesting in the State fish and 
        wildlife department overall responsibility and accountability 
        for development and implementation of the program; and
          ``(B) contain provision for development and implementation 
        of--
                  ``(i) wildlife conservation projects that expand and 
                support existing wildlife programs to meet the needs of 
                a diverse array of wildlife species, including a 
                wildlife strategy as set forth in subsection (e),
                  ``(ii) wildlife associated recreation programs,
                  ``(iii) wildlife conservation education projects; and
          ``(C) contain provisions for public participation in the 
        development, revision, and implementation of projects and 
        programs identified in subparagraph (B) of this subsection.
    ``(2) If the Secretary finds that the wildlife conservation and 
restoration program submitted by a State complies with paragraph (1), 
the Secretary shall approve the program and shall 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.
    ``(3)(A) Except as provided in subparagraphs (B) and (C), 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 pro rata share of the 
United States for 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.
    ``(C) 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 law enforcement.
    ``(4) 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 and any of the Federally recognized Indian 
tribes with a wildlife conservation and restoration program.
    ``(e) Wildlife Conservation Strategy.--Any State that receives an 
apportionment pursuant to subsection (c) shall, within five years of 
the date of the initial apportionment, develop and begin implementation 
of a wildlife conservation strategy based upon the best scientific 
information and data available that--
          ``(1) integrates available information on the distribution 
        and abundance of species of wildlife, including low population 
        and declining species as the State fish and wildlife department 
        deems appropriate, that exemplify and are indicative of the 
        diversity and health of a wildlife of the State;
          ``(2) identifies the extent and condition of habitats and 
        community types essential to conservation of species identified 
        under paragraph (1);
          ``(3) identifies the problems which may adversely affect the 
        species identified under paragraph (1) and their habitats, and 
        provides for research and surveys to identify factors which may 
        assist in restoration and more effective conservation of such 
        species and their habitats;
          ``(4) determines those actions which should be taken to 
        conserve the species identified under paragraph (1) and their 
        habitats and establishes priorities for implementing such 
        conservation actions;
          ``(5) provides for periodic monitoring of species identified 
        under paragraph (1) and their habitats and the effectiveness of 
        the conservation actions determined under paragraph (4), and 
        for adapting conservation actions as appropriate to respond to 
        new information or changing conditions;
          ``(6) provides for the review of the State wildlife 
        conservation strategy and, if appropriate, revision at 
        intervals of not more than ten years;
          ``(7) provides for coordination by the State fish and 
        wildlife department, during the development, implementation, 
        review, and revision of the wildlife conservation strategy, 
        with Federal, State, and local agencies and Indian tribes that 
        manage significant areas of land or water within the States, or 
        administer programs that significantly affect the conservation 
        of species identified under paragraph (1) or their habitats.''

                      TITLE IV--URBAN PARK PROGRAM

SEC. 401. TREATMENT OF AMOUNTS TRANSFERRED FROM THE CONSERVATION AND 
                    REINVESTMENT ACT FUND.

    Section 1013 of the Urban Park and Recreation Recovery Act (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 2(B)(6) of the Conservation and 
Reinvestment Act in a fiscal year shall be available for obligation and 
expenditure for the purpose of this section, without further 
appropriation and without fiscal year limitation. Any amounts that have 
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) Administrative Expenses.--Not more than four percent of the 
amounts made available under this section in each fiscal year, may be 
deducted by the Secretary for expenses in the administration and 
execution of this Act.
    ``(c) Limitations on Annual Grants.--After making the deduction 
under subsection (b), of the amounts available in a fiscal year under 
subsection (a)--
          ``(1) not more than 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.
    ``(d) Limitation on Use for Grant Administration.--The Secretary 
shall establish a limit on the portion of any grant under this title, 
not to exceed 25 percent that may be used for grant and program 
administration.''.

SEC. 402. AUTHORITY TO DEVELOP NEW AREAS AND FACILITIES.

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

SEC. 403. DEFINITIONS.

    Section 1004 of the Urban Park and Recreation Recovery Act (16 
U.S.C. 2503) is amended to read as follows:
          (1) In paragraph (j), by striking ``and'' after the 
        semicolon.
          (2) In paragraph (k), by adding ``Commonwealth of'' after 
        ``and'' and before ``the'' and by striking the period at the 
        end and inserting a semicolon.
          (3) By adding at the end the following:
    ``(l) `development grants' means matching capital grants to units 
of local government to cover costs of development and construction on 
existing or new neighborhood recreation site, including indoor and 
outdoor recreational areas and facilities, support facilities, and 
landscaping but excluding routine maintenance and upkeep activities; 
and
    ``(m) `Secretary' means the Secretary of the Interior.''.

SEC. 404. ELIGIBILITY.

    Section 1005(a) of the Urban Park and Recreation Recovery Act (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 and shall include, but not be limited to, the 
following:
          ``(1) All political subdivisions included in 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. 405. GRANTS.

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

 SEC. 406. RECOVERY ACTION PROGRAMS.

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

 SEC. 407. STATE ACTION INCENTIVES.

     Section 1008 of the Urban park and Recreation Recovery Act (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 State Action Agendas 
required under section 6 of the Land and Water Conservation Fund Act of 
1965 (16 U.S.C. 460l-8), including the allowance or 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 recreation or conservation 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 section 6(d) of the Land and Water 
Conservation Fund Act of 1965 (16 U.S.C. 460l-8(d)).''.

 SEC. 408. CONVERSION OF RECREATION PROPERTY.

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

 SEC. 409. REPEAL.

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

                     TITLE V--HISTORIC PRESERVATION

SEC. 501. HISTORIC PRESERVATION FUND AMENDMENTS.

     Section 108 of the National Historic Preservation Act (16 U.S.C. 
470h) is amended--
           (1) by inserting ``(a)'' before the first sentence of the 
        first paragraph;
           (2) by inserting ``(b)'' before the first sentence of the 
        second paragraph;
           (3) by adding at the end the following:
     ``(c) Amounts transferred to the Secretary under section 5(b)(8) 
of the Conservation and Reinvestment Act in a fiscal year shall be 
available for obligation and expenditure for the purposes of this Act, 
without further appropriation and without fiscal year limitation.
    ``(d)(1) Of the amounts in the fund, $150,000,000 shall be 
available each fiscal year for obligation or expenditure in accordance 
with paragraph (2) of this section. Such amounts shall be made 
available without further appropriation, subject to the requirements of 
this Act, and shall remain available until expended.
    ``(2) Of the amounts made available each fiscal year--
          ``(A) $75,000,000 shall be available for State, local 
        governmental, and tribal historic preservation programs as 
        provided in section 101(b), (c), and (d) of this Act (16 U.S.C. 
        470a(b), (c), and (d));
          ``(B) $15,000,000 shall be available for the American 
        Battlefield Protection Program (16 U.S.C. 469k) for the 
        protection of threatened battlefields; and
          ``(C) the remainder shall be available to carry out this Act, 
        except that not less than 50 percent of the amounts made 
        available shall be used for preservation projects on historic 
        properties or archaeological sites in accordance with this Act, 
        with priority given to the preservation of endangered Federal 
        historic properties or archaeological sites.
    ``(e)(1) The President shall include in the annual budget proposal 
a list of programs to be funded under subsection (d)(2)(C) and 
additional funding amounts, if any, for State, local governmental, and 
tribal historic programs in accordance with section 101(b), (c), and 
(d) of this Act.
    ``(2) Except as provided in paragraph (3), during any fiscal year 
no money shall be obligated or expended for the programs identified in 
paragraph (d)(2)(C) unless approved in an Act making appropriations.
    ``(3) If the Congress adjourns sine die without appropriating the 
full amount made available under subsection (d)(2)(C), 15 days after 
the date of such adjournment, the Secretary shall, without further 
appropriation, obligate and expend the difference between the full 
amount made available under subsection (d)(2)(C) and the amount 
appropriated, only as follows:
          ``(A) to provide additional funding for State, local 
        governmental, and tribal historic preservation programs as 
        provided in section 101(b), (c), and (d) of this Act; or
          ``(B) to fund preservation projects on endangered Federal 
        historic properties or archaeological sites.''.

SEC. 502. AMERICAN BATTLEFIELD PROTECTION PROGRAM AMENDMENTS.

    The American Battlefield Protection Act of 1996 (16 U.S.C. 469k) is 
amended:
          (1) In subsection (c)(2), by adding at the end the following: 
        ``Priority for financial assistance for the preservation of 
        Civil War Battlefields shall be given to sites identified as 
        Priority 1 battlefields in the `Civil War Sites Advisory 
        Commission report on the Nation's Civil War Battlefields' 
        issued in 1993'';
          (2) In subsection (d), by striking ``$3,000,000'' and 
        inserting ``such sums as may be necessary''.
          (3) By repealing subsection (e) in its entirety.

      TITLE VI--NATIONAL PARK AND INDIAN LAND RESTORATION PROGRAMS

SEC. 601. NATIONAL PARK SYSTEM RESOURCE PROTECTION.

    (a) Amounts Transferred From the Conservation and Reinvestment Act 
Fund.--Of the amounts transferred to the Secretary of the Interior 
under section 2(b)(9) of this Act, $100,000,000 shall be available for 
obligation and expenditure in accordance with this section without 
further appropriation and without fiscal year limitation.
    (b) Uses.--(1) Amounts made available under this section shall only 
be used to protect significant natural, cultural or historical 
resources at units of the National Park System that are threatened or 
in need of stabilization or restoration.
    (2) The Secretary is authorized to enter into cooperative 
agreements with State and local governments and other public and 
private organizations to carry out the purposes of this section.
    (3) No funds made available by this section shall be used for--
          (A) acquisition of lands or interests therein;
          (B) salaries of National Park Service permanent employees;
          (C) construction of roads;
          (D) construction of new visitor centers;
          (E) routine maintenance activities; or
          (F) specific projects which are funded by the Recreational 
        Fee Demonstration Program (16 U.S.C. 460l-6a(note)).
    (c) Priority List.--(1) The President shall include in the annual 
budget proposal a priority list for projects to be funded under this 
section. The President shall also submit the priority list to the 
Committee on Resources of the House of Representatives and to the 
Committee on Energy and Natural Resources of the Senate.
    (2) In preparing the list of projects to be funded under this 
section, the Secretary shall vie priority to projects that--
          (A) are identified in the park unit's general management 
        plan;
          (B) are included in authorized environmental restoration 
        projects; or
          (C) are identified by the Secretary of the Interior as 
        necessary to prevent immediate damage to a park unit's natural, 
        cultural, or historical resources or to protect the public 
        health and safety.
    (d) Funding.--(1) Except as provided in paragraph (2), during any 
fiscal year no money shall be obligated or expended for the purposes of 
this section unless approved in an Act making appropriations.
    (2) If the Congress adjourns sine die without appropriating the 
full amount transferred for this section, 15 days after the date of 
such adjournment, the Secretary shall, without further appropriation, 
obligate and expended the difference between the full amount 
transferred and the amount appropriated in accordance with the priority 
list submitted pursuant to subsection (c).

SEC. 602. INDIAN LANDS RESTORATION.

    (a) Amounts Transferred from the Conservation and Reinvestment 
Act.--Of the amounts transferred to the Secretary of the Interior under 
section 2(b)(9) of this Act, $25,000,000 shall be available for 
obligation and expenditure in accordance with this section without 
further appropriation and without fiscal year limitation.
    (b) Competitive Grants to Indian Tribes.--(1) The Secretary shall 
administer a competitive grant program for Indian tribes to assist in 
the restoration of degraded lands, resource protection, or the 
protection of public health and safety. Priority shall be given 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. The Secretary shall develop the competitive 
grant program in consultation with Indian tribes.
    (2) 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 section.
    (3) As used in this section, the term ``Indian tribe'', means--
          (A) an Indian tribe, band, nation, pueble, village, or 
        community that Secretary recognizes as an Indian tribe under 
        section 104 of the Federally Recognized Indian Tribe List Act 
        of 1994 (25 U.S.C. 479a-1); or
          (B) in the case of Alaska, an Alaska Native Corporation (as 
        defined in section 3 of the Alaska Native Claims Settlement Act 
        (43 U.S.C. 1602)).

        TITLE VII--CONSERVATION EASEMENTS AND RURAL DEVELOPMENT

SEC. 701. FARM AND RANCH LAND PROTECTION PROGRAM.

    (a) Establishment.--The Secretary of Agriculture shall carry out a 
farm and ranch land protection program for the purpose of protecting 
farm and ranch 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 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 
        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 require, at the option of 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)(l) 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 of local government.
          (2) A Federal 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), (iii) of section 170(h)(4)(A) of the Internal Revenue 
        Code of 1986 and--
                  (A) is described in section 501(c)(3) of such Code;
                  (B) is exempt from taxation under section 501(a) of 
                such Code; or
                  (C) is described in paragraph (2) of section 509(a) 
                of such 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 certified that the conservation 
easement to be purchased 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) Willing Seller.--A conservation easement purchased with funds 
provided under this section shall be required only with the consent of 
the owner.
    (h) Technical Assistant.--To provide technical assistance to carry 
out this section, the Secretary of Agriculture may use not more than 10 
percent of the amount made available for any fiscal year under section 
2(b)(10) of the Conservation and Reinvestment Act.
    (i) Funding.--Amounts transferred to the Secretary of Agriculture 
under section 2(b)(10) of the Conservation and Reinvestment Act shall 
be available for obligation and expenditure for the purpose of this 
section, without further appropriation and without fiscal year 
limitation.

SEC. 702. FOREST SERVICE RURAL DEVELOPMENT.

    The Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2101 et 
seq.) is amended by adding at the end the following:

``SEC. 21. RURAL DEVELOPMENT.

    ``(a) Uses.--The Secretary shall conduct a Rural Development 
program provide technical assistance to rural communities for 
sustainable rural development purposes.
    ``(b) Funding.--Amounts transferred to the Secretary of Agriculture 
under section 2(b)(11) of the Conservation and Reinvestment Act shall 
be available for obligation and expenditure for the purpose of this 
section, without further appropriation and without fiscal year 
limitations.''.

SEC. 703. NON-FEDERAL LANDS OF REGIONAL OR NATIONAL INTEREST.

    (a) Competitive Grant Program.--(1) The Secretary of the Interior 
may make grants to States for the conservation of non-Federal lands of 
clear regional or national interest.
    (2) In making a grant under this section, the Secretary shall 
consider the extent to which a proposed project described in the grant 
application will conserve the natural, historic, cultural, or 
recreational values of the non-Federal lands.
    (3) The Secretary shall give preference to proposed conservation 
projects--
          (A) that seek to protect ecosystems;
          (B) that are developed in collaboration with other States;
          (C) that are complementary to conservation or restoration 
        programs undertaken on Federal lands;
          (D) that demonstrate public participation in the development 
        of the project proposal; or
          (E) that are supported by communities and individuals in the 
        immediate vicinity of the proposed project or who would be 
        directly affected by the proposed project.
    (4) A grant awarded to a State under this subsection shall cover 
not more than 50 percent of the total cost of the conservation 
projects.
    (b) Authorized Projects.--The Secretary may not award a grant for 
any project under this section where the Federal contribution for such 
project exceeds $1 million, unless the project is authorized by an Act 
of Congress.
    (c) Authorization of Appropriations.--There is authorized to be 
appropriated such sums as may be necessary to carry out this section.

SEC. 704. MAPPING EXISTING CONSERVATION EASEMENTS.

    (a) Deadline for Completion.--The Secretary of the Interior shall, 
not later than 48 months after the date of enactment of this Act, 
complete the mapping of all existing conservation easements acquired by 
the United States Fish and Wildlife Service before 1977 to project 
wetlands.
    (b) Authorization of Appropriations.--These are authorized to be 
appropriated such sums as may be necessary to carry out this section.

                         Purpose of the Measure

    The purpose of H.R. 701, as ordered reported, is to 
dedicate a portion of the Federal revenues earned from oil and 
gas production on the Outer Continental Shelf (OCS) for the 
following: coastal impact assistance to the States and 
communities with offshore OCS production; coastal stewardship 
activities in all coastal States; coral reef protection; 
cooperative interstate marine fisheries commissions; the 
Federal and State portions of the Land and Water Conservation 
Fund; State wildlife conservation and restoration; urban parks; 
urban and community forestry; Federal, State and tribal 
historic preservation; National Park Service and Indian lands 
restoration; farm and ranch land protection; the Forest Legacy 
program; Rural Community and Economic Action programs 
administered by the Forest Service; Youth Conservation Corps; 
and Payment in Lieu of Taxes.

                      Summary of Major Provisions

    H.R. 701, as amended, authorizes the establishment, for a 
15 year period, of a Conservation and Reinvestment Act Fund. 
Beginning in fiscal year 2001, the Secretary of the Treasury 
shall deposit in the Conservation and Reinvestment Fund 
qualified Outer Continental Shelf (OCS) revenues sufficient to 
fund the following programs:
          $430 million for coastal impact assistance to the 7 
        coastal States within 200 miles of a lease issued under 
        the Outer Continental Shelf Lands Act;
          $250 million for coastal States to be used for 
        coastal and marine conservation, protection and 
        restoration;
          $100 million for cooperative enforcement of marine 
        protection laws and for fisheries research and 
        management;
          $25 million for coral reef protection;
          $900 million for the Land and Water Conservation Fund 
        to be equally divided between Federal land acquisition 
        and State and local park and recreation programs;
          $350 million through the Pittman-Robertson program 
        for State wildlife conservation and restoration;
          $75 million to rehabilitate and improve recreation 
        areas and facilities under the Urban Park and 
        Recreation Recovery Act program;
          $50 million to plant, restore and maintain trees and 
        forests under the Urban and Community Forestry Act;
          $150 million for the Historic Preservation Fund, 
        including $75 million for grants to States, tribes and 
        local governments, $60 million for Federal historic 
        preservation efforts, and $15 million for the American 
        Battlefield Protection Program;
          $100 million to protect significant natural, 
        cultural, or historical resources of the National Park 
        System and $25 million to restore Indian lands;
          $50 million for the acquisition of conservation 
        easements by States and local governments under the 
        Forest Legacy program to keep forest lands in 
        production;
          $50 million under an expanded Farm and Ranch Land 
        Protection Program for the acquisition of easements to 
        protect farm and ranch land threatened with 
        developments;
          $60 million for the Youth Conservation Corps program 
        to employ young adults during the summer for projects 
        on public lands;
          $50 million equally divided between Forest Service 
        rural development and economic recovery programs to 
        assist rural communities in diversifying their 
        economies; and
          full funding for the Payment In Lieu of Taxes (PILT) 
        program ($325 million in fiscal year 2002) which 
        compensates local governments for Federal land within 
        their jurisdiction.
These amounts are available for obligation and expenditure, 
beginning in fiscal year 2002 and in each fiscal year 
thereafter, without further appropriation, if Congress provides 
$450 million for Federal land acquisition under the Land and 
Water Conservation Fund in that fiscal year.

                          Background and Need


                      The Outer Continental Shelf

    The Outer Continental Shelf (OCS) consists of all the 
submerged lands lying seaward of seaward boundaries of the 
States that are subject to the jurisdiction and control of the 
United States. Since 1983, the United States has claimed the 
sovereign right to control the OCS 200 nautical miles seaward 
of its coastline.
    The OCS is rich in natural resources. The OCS accounts for 
20 percent of the oil and 27 percent of the natural gas 
produced in the United States. Since 1953, oil and gas leases 
on the OCS have provided over $127 billion to the Federal 
Treasury.
    Early in our history, the Coastal States claimed title to 
the submerged lands off their shores. The first offshore oil 
and gas leases were granted by the States in shallow water off 
their coasts. In 1947, however, President Truman asserted 
federal jurisdiction over our offshore resources, both within 
and beyond the areas claimed by the States. Beginning in 1947, 
the Supreme Court held in a series of cases that the Federal 
Government, with certain exceptions, possessed paramount rights 
over the submerged lands claimed by the States.
    In 1953, Congress relinquished Federal claims to the 
submerged lands within the historic boundaries of the Coastal 
States with the enactment of the Submerged Lands Act. As a 
result of the Submerged Lands Act, most Coastal States have 
title to all submerged lands lying three geographical miles 
(which are slightly longer than statute miles) seaward of the 
State's coast line. Texas and Florida have title to all 
submerged lands lying three marine leagues (which equal nine 
geographical miles or about ten and a half statute miles) from 
their coast lines in the Gulf of Mexico.
    Less than three months after the enactment of the Submerged 
Lands Act, Congress enacted the Outer Continental Shelf Lands 
Act. The OCS Lands Act declared that the submerged lands beyond 
the States' seaward boundaries belong to the Federal Government 
and gave the Secretary of the Interior broad authority to lease 
the OCS beyond the States' seaward boundaries for oil, gas, and 
mineral development. Revenues from these leases were deposited 
in the Federal Treasury.
    Federal leasing activities soon gave rise to the concern 
that oil and gas development on federal leases could drain 
fields underlying adjacent State submerged lands. To deal with 
this problem, Congress added section 8(g) to the OCS Lands Act 
in 1978. Section 8(g) required the Secretary of the Interior to 
deposit revenues from leases within three miles of the seaward 
boundary of a Coastal State (i.e., between three and six miles 
seaward of a State's coast line) into a separate account in the 
Treasury until such time as the Secretary and the Governor of 
the affected Coastal State could agree on a ``fair and 
equitable disposition'' of the revenues between the Federal 
Government and the State. In 1986, Congress amended section 
8(g) to give the Coastal States 27 percent of the revenues from 
leases in the so-called ``8(g)'' area.

                  The Land and Water Conservation Fund

    In 1965, Congress created the Land and Water Conservation 
Fund (LWCF) to provide a source of funding to--

        assist in preserving, developing, and assuring 
        accessibility to all citizens of the United States of 
        America of present and future generations * * * [to] 
        outdoor recreation resources * * * and to strengthen 
        the health and vitality of the citizens of the United 
        States.

16 U.S.C. 460l-4.
    The LWCF grew out of legislation proposed by President 
Kennedy based on the studies and recommendations of the Outer 
Recreation Resources Review Commission. It reflected the 
growing disparity between the amount of public land needed for 
outdoor recreation, caused by the country's expanding 
population, increased leisure time, and improved 
transportation, and the amount available for such purposes. The 
main purpose of the LWCF Act was to provide ``a base for the 
improvement and extension of outdoor recreation opportunities 
for a healthy America.''
    Initially, the LWCF consisted of fees collected from those 
who used outdoor recreation facilities and the proceeds from 
the sale of surplus federal land. These sources soon proved 
inadequate to the task. Accordingly, in 1968, Congress amended 
the LWCF Act to dedicate a portion of the receipts from OCS 
leases to the LWCF. The Senate Committee on Interior and 
Insular Affairs, the predecessor of this Committee, recommended 
this course based on--

        the fully tenable proposition that the revenues from 
        one natural resource which belongs to all the people of 
        the United States--in this instance a depleting 
        resource--should be reinvested in outdoor recreation 
        areas and developments which become a part of the 
        permanent estate of the Nation for the use, benefit, 
        and enjoyment of all its citizens of this and future 
        generations.

S. Rep. No. 1071, 90th Cong. 2d Sess. 2 (1968).
    Under current law, Congress may appropriate up to $900 
million from the LWCF each year through fiscal year 2015. Not 
less than 40 percent of the amount appropriated in any year 
must be used for land acquisition by the four federal land 
management agencies--the National Park Service, the Bureau of 
Land Management, the Fish and Wildlife Service, and the Forest 
Service for otherwise authorized land acquisitions. Not more 
than 60 percent of the amount may be provided to state and 
local governments for the planning, acquisition, and 
development of state and local parks and recreation facilities.

                           Need for H.R. 701

    Coastal Impact Assistance.--OCS development could not 
proceed without the cooperation of adjacent Coastal States, 
which facilitate the transportation, processing, refining, and 
distribution of oil and gas from the OCS. Coastal States 
adjacent to OCS production, particularly those in the Gulf of 
Mexico where the bulk of OCS production occurs, often suffer 
environmental impacts from offshore oil and gas production, 
including oil leaks, impacts from pipeline infrastructure, and 
impacts from road construction and use. In addition, these 
States experience increased social costs, such as the need for 
additional schools and public services.
    Neither the need for these services nor the cost of 
providing them has diminished as production has moved further 
offshore from the State's territorial waters and the 8(g) area 
to deeper waters further offshore. Yet the ability of Coastal 
States to pay these costs from offshore revenues has declined 
as oil and gas production within the States' territorial waters 
and the 8(g) area has diminished. In 1999, OCS activities 
generated $3.188 billion in revenues. Of this total, $94 
million--or approximately 3 percent--were paid to Coastal 
States pursuant to section 8(g) of the OCS Lands Act. While the 
entire nation benefits from oil and gas development on the 
federal OCS, the handful of Coastal States with production off 
their shores have had to bear the full environmental and social 
costs of this production. Legislation is needed to share part 
of the proceeds of Federal OCS production with those Coastal 
States.
    In addition, coastal areas suffer significant environmental 
stresses from a variety of other causes, resulting in depleted 
fisheries, wetland loss, destruction of coral reefs, and loss 
of coastal habitat and living marine resources. Legislation is 
needed to provide additional funds to the States and coastal 
communities to preserve these priceless coastal resources for 
present and future generations.
    LWCF.--When Congress first channeled OCS revenues into the 
LWCF, it was anticipated that a substantial percentage of the 
revenues from the OCS, a non-renewable national asset, would be 
reinvested in permanent, public recreational resources by 
Federal, State and local governments. That expectation has not 
been fulfilled. Originally capped at $100 million, the LWCF 
authorization level has been raised several times to its 
present $900 million per year level. Although the full 
authorized amount has continued to be credited to the LWCF each 
year, none of the funds can be spent without further 
appropriation, and Congress has rarely appropriated the full 
amount authorized. As a result, spending for the acquisition 
and development of new recreational resources has not kept pace 
with the growing demand for them and the backlog of authorized 
but unacquired lands continues to grow. Legislation is needed 
now to ensure that adequate funds are made available to meet 
the recreational needs of the ever increasing population of the 
United States in recognition that ``space for outdoor 
recreation which may once, correctly or mistakenly, have been 
thought abundant, is becoming scarce.'' S. Rep. No. 1364, 88th 
Congress Cong., 2d Sess. 5 (1964).
    Historic Preservation.--The National Historic Preservation 
Act provides that $150 million of OCS revenues be deposited 
each year in the Historic Preservation Fund. The Act authorizes 
the appropriation of monies from the Historic Preservation Fund 
to the Secretary of the Interior to preserve properties listed 
on the National Register of Historic Places and to make grants 
to the States for state historic preservation projects. Like 
the LWCF, appropriations to the Historic Preservation Fund have 
been lower than the authorized level. From fiscal year 1991 
through fiscal year 1998, appropriations from the Historic 
Preservation Fund averaged $35 million. In fiscal year 1999 and 
fiscal year 2000, $35 million was appropriated for State 
programs and $40 million was appropriated for federal programs. 
Given the resulting backlog of needs, legislation is needed to 
ensure full funding for these programs.
    PILT.--The Payment In Lieu of Taxes (PILT) program 
authorizes the Secretary of the Interior to make payments to 
counties in which the Federal Government owns a large portion 
of the land. These payments provide a critical source of 
revenue for the 2,000 local governments in 49 states that have 
relatively small amounts of taxable private land because most 
of their land is owned by the Federal Government and is exempt 
from State and local taxation. They also help offset the costs 
incurred by the counties for services provided to users of the 
federal lands. Over the past six years, PILT appropriations 
have averaged less than half of the authorized amount.In fiscal 
year 2000, Congress appropriated an average of 17 cents per 
acre for PILT payments, compared to the $1.48 per acre the 
counties would have received if the lands were taxed at the 
same rate as private land. Legislation is needed to ensure full 
funding for this program.
    Other programs.--There are a number of other conservation 
programs that have never been funded or that have been funded 
at less than their authorized level. These programs include: 
coastal and fisheries restoration programs administered by the 
Department of Commerce; the Urban Park and Recreation Recovery 
program administered by the Department of the Interior; the 
Urban and Community Forestry, Forest Legacy, Farmland 
Protection, and rural economic programs administered by the 
Department of Agriculture; and the Youth Conservation Corps 
program administered by the Department of the Interior and the 
Department of Agriculture. Many of these programs can be used 
to improve forest health through tree thinning and removal of 
hazardous underbrush.Legislation also is needed to ensure 
greater funding for these programs; to provide secure funding 
for State activities benefiting wildlife species; to protect 
threatened National Park resources; and to restore degraded 
Indian lands.

                          Legislative History

    H.R. 701 was introduced on February 10, 1999. The House 
Resources Committee reported H.R. 701 on November 10, 1999 by a 
vote of 37-12. On May 11, 2000, H.R. 701, as amended, was 
passed by the House of Representatives by a vote of 315-102, 
received in the Senate, and referred to the Committee on Energy 
and Natural Resources.
    In the Senate, a number of bills similar to H.R. 701 were 
introduced during the 106th Congress and referred to the 
Committee on Energy and Natural Resources including S. 25, S. 
446, S. 532, S. 819, S. 2123 and S. 2181. Hearings were held on 
several of these bills on January 27, April 20 and 27, and May 
4 and 11, 1999. The Committee on Energy and Natural Resources 
considered H.R. 701 in business meetings on July 19, 20, 21, 24 
and 25, 2000. At its business meeting on July 25, 2000, the 
Committee ordered H.R. 701, as amended, favorably reported.

            Committee Recommendation and Tabulation of Votes

    The Committee on Energy and Natural Resources, in open 
business session on July 25, 2000, by a majority vote of a 
quorum present, recommends that the Senate pass H.R. 701 if 
amended as described herein.
    The rollcall vote on adopting an amendment in the nature of 
a substitute was 13 yeas, 7 nays, as follows:
        YEAS                          NAYS
Mr. Murkowski                       Mr. Domenici
Mr. Smith                           Mr. Nickles *
Mr. Bunning                         Mr. Craig
Mr. Fitzgerald *                    Mr. Campbell *
Mr. Bingaman                        Mr. Thomas *
Mr. Akaka                           Mr. Gorton
Mr. Dorgan                          Mr. Burns
Mr. Graham
Mr. Wyden
Mr. Johnson
Ms. Landrieu
Mr. Bayh
Mrs. Lincoln

    * Indicates voted by proxy.

    The Committee ordered H.R. 701, as amended, favorably 
reported by voice vote.

                          Committee Amendment

    During the consideration of H.R. 701, the Committee adopted 
an amendment in the nature of a substitute. In addition to 
making several technical, clarifying and conforming changes, 
the amendment made the following substantive changes to H.R. 
701 as passed by the House of Representatives:
    Direct Spending Trigger Mechanism.--As passed by the House 
of Representatives, H.R. 701 provides that moneys in the 
Conservation and Reinvestment Act Fund--$2.825 billion-- are 
available each fiscal year without further appropriation as 
mandatory spending. However, $450 million in Federal land 
acquisition moneys may not be obligated and expended until 
Congress specifically approves a list of acquisitions in an Act 
making appropriations for the Department of the Interior. The 
House-passed bill does not address what happens to the $450 
million if Congress fails to approve a Federal land acquisition 
list in a fiscal year.
    H.R. 701, as ordered reported, prohibits any moneys in the 
Conservation and Reinvestment Act Fund from being obligated or 
expended until Congress has made available $450 million in 
Federal land acquisition under the Land and Water Conservation 
Fund. Unless Congress provides $450 million in Federal land 
acquisitions in an Appropriations Act, no funds in the 
Conservation and Reinvestment Act may be transferred to other 
programs. The Committee included this requirement to ensure 
that all programs funded by the Conservation and Reinvestment 
Act Fund will be similarly treated. Under H.R. 701, as reported 
by the Committee, Congress, through the appropriations process, 
may elect, on an annual bases, to fully fund the programs under 
H.R. 701 by appropriating $450 million for Federal land 
acquisition. However, Under the Committee-reported bill, all 
programs will receive full funding or no program will receive 
automatic funding, but all programs will be treated equally.
    Interest.--H.R. 701, as passed by the House of 
Representatives, provides that up to $200 million of the 
interest earned on the Conservation and Reinvestment Act Fund 
is available to be used to match annual appropriations for the 
Payment In Lieu of Taxes and Refuge Revenue Sharing programs, 
up to their authorized levels, except for the interest 
attributed to title III that will be directed to North American 
Wetlands Conservation Act of 1989, as currently provided by the 
Pittman-Robertson Act.
    H.R. 701, as ordered reported by the Committee, does not 
make any provisions for the expenditure of interest. Instead, 
the Committee chose to fully fund the Payment In Lieu of Taxes 
program at its existing authorized level from the Conservation 
and Reinvestment Act Fund. For purposes of the North American 
Wetlands Conservation Act of 1989 interest will be earned on 
the funds transferred to the Wildlife Conservation and 
Reservation Account within Pittman-Robertson Fund under Title 
III of the legislation consistent with current law.
    State and Local and Land Acquisition.--The Committee 
adopted an amendment to clarify that moneys from the 
Conservation and Reinvestment Act Fund made available to State 
and local governments should be used, to the extent 
practicable, to acquire lands from willing sellers.
    Water Rights.--As passed by the House of Representatives, 
H.R. 701 contained an amendment to the Land and Water 
Conservation Fund Act relating to water rights. Since nothing 
in this measure, including amendments to other legislation, 
affects water rights, the Committee did not include that 
amendment. The Committee recognizes the sensitivity of this 
issue, however, and therefore has included a general savings 
clause to allay any possible concerns over the legislation. The 
legislation does not provide any new authority for Federal 
Government to acquire either lands or water rights nor to 
reserve unappropriated waters from the public domain. The 
legislation only provides a source of funding for otherwise 
authorized acquisition of lands by the Federal Government, and 
then only to the extent provided in the Acts making 
appropriations and subject to the provisions of the other 
legislation authorizing such acquisition. As a general matter, 
the acquisition of land by the federal government, as opposed 
to the withdrawal and reservation of land from the public 
domain, does not give rise to an implication of an intent to 
reserve appurtenant waters.
    The acquisition of land, however, may occur as part or in 
furtherance of some other statute that does reserve quantities 
of water. For example, title II of the Arizona Desert 
Wilderness Act of 1990 (P.L. 101-628; 104 Stat. 4469, 4475; 16 
U.S.C. 460ddd) establishes the Gila Box Riparian National 
Conservation Area. Section 201(f) of the Arizona Desert 
Wilderness Act expressly ``reserves a quantity of water 
sufficient to fulfill the purposes * * * for which the 
conservation area is established.'' Section 201(h) authorizes 
the acquisition of non-Federal lands, subject to certain 
limitations. Funds transferred to the Land and Water 
Conservation Fund under section 2(b) of this Act will be 
available, if so provided in Acts making appropriations, for 
the acquisition of lands pursuant to the authorization in 
section 201(h) of the Arizona Desert Wilderness Act. Neither 
the provision of such funds under this legislation, nor the 
acquisition of lands with such funds creates an express or 
implied reservation of water for any purpose. Similarly, 
nothing in this legislation expands, diminishes, or otherwise 
affects the express reservation contained in section 201(f) of 
the Arizona Desert Wilderness Act.
    H.R. 701 does not expand, diminish, or otherwise affect any 
implied or express reservation of water established under any 
other law, and does not provide any new authority forany such 
reservation. Similarly, the various other programs contained in and 
funded by the legislation providing grants to the States do not in any 
manner affect water rights or the various laws, compacts, decrees, and 
treaties governing the acquisition of, jurisdiction over, or management 
of such rights. The general savings clause adopted by the Committee 
makes this clear.
    Social Security and Medicare Solvency.--The House-passed 
version of H.R. 701 prohibits and transfer of moneys to the 
Conservation and Reinvestment Act Fund unless certain 
certifications are made about debt retirement, the solvency of 
Social Security and the solvency of Medicare. While the 
Committee supports the intention of these provisions, the 
Committee is concerned that it will be impossible to actually 
``certify'' conclusions given the nature of budgetary 
projections each year. This would have the unintended effect of 
nullifying the purpose of the legislation. As reported by the 
Committee, however, H.R. 701 contains a provision requiring 
annual reports to Congress on elimination of publicly held 
debt, solvency of the Social Security program, and solvency of 
the Medicare program The information within these reports will 
help Congress as they make the annual decision to approve $450 
million in Federal land acquisition and thereby release the 
moneys in the Conservation and Reinvestment Act Fund.
    The Committee did retain a prohibition on any Conservation 
and Reinvestment Act Fund expenditures if such expenditure 
would diminish benefit obligations under the Social Security 
and Medicare systems. The Committee substitute also prohibits 
any such expenditure if there is not an on-budget surplus.
    Congressional Override.--Most of the funds provided in H.R. 
701, as reported by the Committee, are allocated to the States 
pursuant to statutory formulas. In some cases, however, the 
bill gives the Executive Branch discretion to allocate funds. 
To ensure Congressional oversight and preserve the 
Constitutional role of the Congress over expenditures, in such 
cases the bill provides an opportunity for Congressional 
override of the Executive Branch priorities. For such programs, 
the Executive Branch, in conjunction with the submission of the 
Federal budget, will inform Congress how it proposes to spend 
the funds made available from the Conservation and Reinvestment 
Act Fund in the next fiscal year. Congress, if it disagrees 
with these priorities, can enact its own priority list as part 
of an appropriations bill. If Congress does not enact a 
different priority list, such funds become available 15 day 
after sine die adjournment. If Congress enacts a different 
priority that funds less than the annual authorized funding 
established by the bill, the difference will be available for 
expenditure in accordance with the priority list submitted by 
the Executive Branch.
    Coastal Funding.--As passed by the House of 
Representatives, H.R. 701 provides $1 billion in coastal impact 
assistance, to be administered by the Secretary of the 
Interior. The funds are allocated among 30 coastal States and 5 
territories based 50% on proximity to oil and gas production 
from the OCS and 25% each based on relative miles of coastline 
and coastal population.
    H.R. 701, as reported by the Committee, provides $805 
million for a broad range of coastal programs. It provides $430 
million for coastal impact assistance to coastal states with 
OCS production within 200 miles of their coastline. It also 
provides $350 million, to be administered by the Secretary of 
Commerce, to 30 coastal states and 5 territories for programs 
to protect and restore the coastal and marine environment. 
Additionally, it allocates $25 million for coral reef 
protection efforts to be administered by the Secretaries of the 
Interior and Commerce.
    Coastal Impact Assistance Formula.--As reported by 
Committee, H.R. 701 provides $430 million for coastal impact 
assistance payments to the 7 Producing Coastal States that have 
Federal leases within 200 miles of their coastline for the 
development of oil and gas reserves on the OSC--Alaska, 
California, Texas, Louisiana, Mississippi, Alabama and Florida. 
Unlike H.R. 701 as passed by the House, coastline miles and 
population are not factors in the allocation of the coastal 
impact assistance funds. Rather, $245 million is divided 
equally among the 7 Producing Coastal States with the remaining 
$185 million allocated based on OCS production in recognition 
that States with greater production off their coasts will have 
greater impacts. The Committee believes that the Federal 
Government should share some of the financial benefits of 
Federal OSC production with the Coastal States that bear the 
impacts of this production.
    Coastal Impact Assistance Pass-Through.--H.R. 701, as 
passed by the House of Representatives, mandates that a 
Governor of a Producing Coastal State make 50% of the 
allocation available to all political subdivisions within the 
State's coastal zone based on the political subdivision's 
coastlined miles, coastal population, and proximity to 
production.
    The Committee recognizes the importance of sharing coastal 
impact assistance funds with local governments and wants to 
ensure the certainty of such funds. As reported by the 
Committee, H.R. 701 requires the Secretary of the Interior to 
annually distribute 20% of a Producing Coastal State's 
allocation to those coastal subdivisions within 200 miles of an 
Outer Continental Shelf lease. This funding would be allocated 
among coastal subdivisions based on a formula of 25% relative 
miles of coastline, 25% relative population, and 50% proximity 
to OCS production. This is the same formula contained in the 
House passed version of H.R. 701 except for the Committee's 
treatment of the State of Louisiana. In Louisiana, the 25% of 
the formula based on coastline miles takes into account 
political subdivisions which are within 200 miles of an OCS 
lease but which do not have a coastline. These political 
subdivisions are credited with the average coastline of the 
political subdivisions with a coastline. Further, in the State 
of Louisiana, that portion of the political subdivision 
allocation based on production is equally divided among all 
coastal political subdivisions.
    Coastal Uses.--The House-passed version of H.R. 701 
authorizes States receiving coastal impact assistance funds to 
use them for a variety of activities for protecting the marine 
and coastal environment, and for mitigating impacts of Outer 
Continental Shelf production. The Committee recognizes the many 
pressing environmental needs facing coastal areas, such as 
persistent wetlands degradation, damage to marine and coastal 
habitats, fisheries losses, and destruction of coral reefs. The 
Committee intends that Title I funds for coastal impact 
assistance, coastal stewardship, and coral reef protection, be 
available for the protection, restoration, andimprovement of 
environmental resources. The Committee also recognizes that States with 
OCS production off their shores often experience other significant 
impacts from oil and gas development activities, and the Committee 
therefore provides that a Producing Coastal State may use up to 23% of 
its impact assistance allocation for mitigating these broader impacts, 
through funding of onshore infrastructure and public service needs.
    Planning.--Like the House passed version of H.R. 701 the 
Committee requires that those Producing Coastal States seeking 
to receive coastal impact assistance prepare a Coastal Impact 
Assistance Plan which must be approved by the Secretary of the 
Interior. The Committee intends that Producing Coastal States 
have an option of receiving coastal impact assistance. No 
Coastal Impact Assistance Plan is required for those Producing 
Coastal States which choose not to receive coastal impact 
assistance.
    H.R. 701, as reported by Committee, provides funds for 
ocean and coastal conservation efforts by coastal States to be 
administered by the Secretary of Commerce. Producing Coastal 
States also are eligible to receive funds under this program 
which has its own requirement for a Statewide Coastal 
Conservation Plan. The Committee does not intend to impose 
double planning requirements on Producing Coastal States. 
Rather, the Committee intends for the Secretaries of the 
Interior and Commerce to coordinate their various requirements 
to provide for joint plan submission and avoid imposing 
duplicative and redundant requirements on Producing Coastal 
States.
    Federal Land Acquisition.--Like H.R. 701 as passed by the 
House, the Committee requires the submission of Federal land 
acquisition priority lists each year in conjunction with the 
Federal budget submission. The Committee also imposed an 
obligation on itself to review these lists and submit to the 
Appropriations Committee its own priority list for Federal land 
acquisitions that have been previously authorized. During 
consideration of the President's budget, the Appropriations 
Committees will have the benefit of a formal submission from 
the authorizing committee on what it believes the Federal land 
acquisition priorities should be.
    The Committee adopted language to require the Secretaries 
of the Interior and Agriculture to consult with the Governors 
of the States in preparing the priority list for land 
acquisition. The Committee has not prescribed any particular 
method or process for such consultation and expects that such 
consultation will occur on an ongoing basis at the State as 
well as at the local level. State and local governments can 
assess the potential benefits and costs of Federal land 
acquisition and the Federal Government should carefully 
consider any recommendations and suggestions. The Committee 
intends to carefully review the list submitted by the President 
and obtain the views of affected States and their 
representatives on areas included as well as priority lands 
excluded from the list. The Committee will carefully consider 
local concerns, including any recommendations from Governors, 
through advisory boards or other entities, on the extent of 
public needs and requests, the availability of property, 
alternatives to fee acquisition, effect on local tax revenue 
and local business, habitat benefits or costs, and public 
access. The Committee expects that close consultation by the 
Congress and the administration with the States will make the 
process of establishing and funding a priority list as 
beneficial as possible for both the objectives for which 
Federal areas are established and for the States and local 
communities where such areas are located.
    The Committee-reported bill eliminates several restrictions 
and limitations on Federal land acquisitions projects which 
were included in the House-passed bill. The objective of the 
legislation is to provide a guaranteed funding source for 
Federal land acquisition projects not to alter existing law for 
any project. The authorizing and appropriating committees 
remain free to develop specific provisions for individual 
projects as they do currently.
    LWCF State Grant Program.--H.R. 701, as passed by the House 
of Representatives, provides $450 million for the state-side 
LWCF matching grant program with 30% equally divided among all 
States and 70% allocated based on population. The Committee 
also provides $450 million for the state-side LWCF matching 
grant program. However, the Committee does not believe that 
population provides the sole indicator of the demand for State 
and local park and recreation programs. For example, in many 
western States with relatively low year-round population but 
significant Federal land ownership, adjacent State and local 
parks often experience seasonal fluctuations in visitors. 
Accordingly, the Committee allocates state-side funding with 
60% divided among all States and 40% allocated based on 
population. The Committee believes this is a more equitable 
distribution of state-side funds throughout the country.
    Wildlife Conservation and Restoration.--As passed by the 
House, H.R. 701 does not provide any guidance on how States 
should prioritize their use of funds from the Wildlife 
Conservation and Restoration Account. As reported by the 
Committee, H.R. 701 directs States to give priority for funding 
from the Wildlife Conservation and Restoration Account for 
species with the greatest conservation need. The Committee 
included this requirement in recognition of the ongoing debate 
between the protection of game and nongame species. The 
Committee did not want to make an arbitrary judgment on the 
relative importance of a species in any individual States. 
Rather, the Committee believes that a State fish and wildlife 
department is in the best position to determine what species 
within a State have the greatest conservation need. To 
facilitate this determination, the Committee requires that 
State fish and wildlife agencies prepare a wildlife 
conservation strategy that uses existing available data and to 
conduct periodic monitoring of wildlife species and their 
habitats.
    H.R. 701, as ordered reported, also provides that 2\1/4\ 
percent of the funds in the Wildlife Conservation and 
Restoration Account be made available to Federally recognized 
Indian tribes. This figure is equivalent to the percentage of 
tribal trust land to total acreage of the continental United 
States. Currently, tribes are not eligible to share in Federal 
Aid in Wildlife Restoration Account funds even though tribal 
members pay excise taxes on fishing and hunting equipment. H.R. 
701 does not change this limitation in the underlying law. 
However, by allowing Indian tribes to share in this new funding 
source, the Committee reported legislation helps address the 
funding shortfalls that tribes experience in managing fish and 
wildlife populations on their lands. Indian tribes, just like 
the States, would have to submit, and have approved by the 
Secretary of the Interior, a wildlife conservation and 
restoration program.
    With few exceptions, the provisions of the Title 3 relate 
solely to wildlife conservation and restoration programs funded 
by the Conservation and Reinvestment Act Fund and do not affect 
the provisions of the Federal Aid in Wildlife Restoration Act 
relating to wildlife restoration projects or provisions of the 
Federal Aid in Sportfish Restoration Act relating to fish 
restoration and management projects.
    Historic Preservation Funding.--H.R. 701, as passed by the 
House, provides $100 million for National Historic Preservation 
Act purposes with at least one-half to be spent on preservation 
projects on historic properties. Further, the bill expands the 
use of State historic preservation moneys to allow cooperative 
historic preservation planning and development at national 
heritage areas or national heritage corridors established by 
the Federal Government.
    As reported by the Committee, H.R. 701 provides $150 
million, the full existing authorization, for the Historic 
Preservation Fund. Of this total, at least one-half, or $75 
million, must be provided to State, local and tribal historic 
preservation programs and $15 million is to be made available 
for the American Battlefield Protection Program. The remainder 
is available for Federal historic preservation purposes with at 
least one-half to be spent on preservation projects on historic 
properties and archaeological sites.
    The Committee believes that it is important that adequate 
financial resources be provided for non-Federal historic 
preservation efforts. By providing $75 million each year for 
State, local and tribal historic preservation programs, the 
Committee is hopeful that this funding will decrease the 
pressure on the Federal Government to preserve these historic 
sites.
    Similarily, the American Battlefield Protection Program 
provides funding for non-Federal entities to protect threatened 
battlefields. The Committee amendment directs the Secretary to 
give priority for financial assistance for the preservation of 
Civil War battlefields to sites identified as Priority 1 
battlefields in the ``Civil War Sites Advisory Commission 
Report on the Nation's Civil War Battlefields'' issued in 1993.
    The Civil War Sites Advisory Commission was a blue-ribbon 
panel of 14 members appointed by the Presidential and Congress 
in 1990 to identify historically significant Civil War sites, 
to determine their relative importance, and to recommend 
alternatives for preserving and interpreting the sites. In its 
1993 report, the commission identified significant sites with a 
``critical need for coordinated nationwide action'' as Priority 
1 battlefields. Since the American Battlefield Protection 
Program is not limited to protecting Civil War battlefields, 
the Committee expects that the Secretary will establish 
appropriate criteria to prioritize funding for the protection 
of other threatened battlefields.
    The Committee did not include language in this title 
restricting the percentage of funds which are available for 
administrative expenses under this title. However, the 
Committee expects that the Secretary will retain the minimum 
amount of funds necessary to appropriately administer the 
programs under this title.
    Federal and Indian Lands Restoration.--H.R. 701, as passed 
by the House, provides $200 million for Federal and Indian 
lands restoration. The bill authorizes $120 million for 
projects on Department of the Interior lands, $60 million for 
projects on Forest Service lands, and $20 million for projects 
on Indian lands.
    H.R. 701, as reported by Committee, provides $25 million 
for projects on Indian lands and directs the Secretary of the 
Interior to develop a competitive grant program for the award 
of these restoration funds in consultation with Indian tribes. 
This program is to be developed with input from a diverse array 
of tribal representatives.
    The Committee-reported measure also provides $100 million 
for restoration projects at units of the National Park System. 
The Committee intends that normal funding for these functions 
and programs through the appropriations process not be offset 
by funding from the Conservation and Reinvestment Act. Funding 
under this Act should be focused on protecting threatened 
significant park resources, including necessary capital 
improvements. The Committee does not intend for these funds to 
be used for routine maintenance.
    Forest Service Rural Community Assistance.--H.R. 701, as 
reported by the Committee, includes $50 million to be equally 
split between 2 existing Forest Service programs: Rural 
Development and Rural Community Assistance. The Committee 
includes this funding to assist natural resource dependent 
communities in strengthening, diversifying, and expanding their 
economies.
    Youth Conservation Corps.--The Committee reported measure 
fully funds the Youth Conservation Corps program at its 
authorized level, within the Department of the Interior and 
Forest Service. The Committee intends that these funds be used 
to hire young adults to work on the public lands and not to 
increase the Federal bureaucracy. At the same time, the 
Committee intends for these funds to be equitably allocated 
among the States with an emphasis on those States with 
significant public lands.
    Further, the Committee expects that the Secretary of the 
Interior and the Secretary of Agriculture will maximize the use 
of partnerships with State, local, or other non-Federal youth 
conservation corps, or entities such as the Student 
Conservation Association. These types of partnership have 
proven to be cost-effective and efficient. As a result, the 
Committee anticipates that there will be minimal need to expend 
these funds on hiring Federal personnel or increased Federal 
program costs. Because the Conservation and Reinvestment Act 
Fund will dramatically increase the funding for the Youth 
Conservation Corps program, the Committee plans on conducting 
aggressive oversight to ensure that the Departments are 
spending these funds as intended.

                      Section-by-Section Analysis


Section 1. Short title

    The short title of H.R. 701 is the ``Conservation and 
Reinvestment Act.''

Section 2. Conservation and Reinvestment Act Fund

            Subsection 2(a). Establishment of fund
    This subsection establishes a fund in the United States 
Treasury known as the ``Conservation and Reinvestment Act 
Fund'' and authorizes the Secretary of Treasury to deposit into 
the Fund, beginning in fiscal year 2001 and through fiscal year 
2015, qualified Outer Continental Shelf revenues sufficient to 
fund the programs specified in subsection (b).
            Subsection 2(b). Program allocation
    Beginning in fiscal year 2002 and through fiscal year 2016, 
the Secretary of Treasury is authorized to transfer the 
following amounts from the Conservation and Reinvestment Act 
Fund:
          $430 million to the Secretary of the Interior for 
        payments to producing coastal states;
          $350 million to the Secretary of Commerce for 
        payments to coastal states for coastal conservation 
        programs and cooperative enforcement and research and 
        management by Interstate Marine Fisheries Commissions;
          $25 million to the Secretary of the Interior and the 
        Secretary of Commerce for coral reef protection 
        efforts;
          $900 million to the Land and Water Conservation Fund;
          $350 million to the Wildlife Conservation and 
        Restoration Account;
          $75 million to the Secretary of the Interior for the 
        Urban Park and Recreation Recovery Act of 1978;
          $50 million to the Secretary of Agriculture for the 
        Urban Community Forestry Act;
          $150 million to the Secretary of the Interior for the 
        National Historic Preservation Act;
          $125 million to the Secretary of the Interior for 
        National Park Service and Indian lands restoration 
        programs;
          $50 million to the Secretary of Agriculture for the 
        Forest Legacy program;
          $50 million to the Secretary of Agriculture for the 
        Farm and Ranch Land Protection Program;
          $25 million to the Secretary of Agriculture for the 
        Rural Development program;
          $25 million to the Secretary of Agriculture for the 
        Rural Community Assistance Program;
          $60 million to the Secretary of the Interior and the 
        Secretary of Agriculture, acting through the Chief of 
        the Forest Service, for the Youth Conservation Corps; 
        and
          amounts to fund payment in-lieu-of taxes at its fully 
        authorized level.
    Amounts transferred under this subsection shall be 
available for obligation and expenditure without further 
appropriation or fiscal year limitation.
            Subsection 2(c). Availability of funds
    Moneys transferred under subsection 2(b) are available 
without further appropriation and without fiscal year 
limitation, if Congress makes available $450 million in Federal 
land acquisition as provided in subsection 2(f).
            Subsection 2(d). Conforming amendment
    The Payment In Lieu of Taxes (PILT) program is amended to 
authorize appropriations.
            Subsection 2(e). Shortfall
    The amount transferred to each program identified in 
subsection 2(b) will be reduced proportionally if qualified OCS 
revenues are less than the total authorization.
            Subsection 2(f). Limitation of availability of funds
    No moneys can be transferred from the Conservation and 
Reinvestment Act Fund for the programs identified in subsection 
(b) unless Congress has made available $450 million in Federal 
land acquisition.
            Subsection 2(g). State and local acquisition restriction
    Moneys made available to States and local governments for 
land purchases should be used, to the extent practicable, to 
buy land from willing sellers.
            Subsection 2(h). Savings clause
    Nothing in the Conservation and Reinvestment Act expands, 
diminishes, or affects any water right.

Section 3. Recordkeeping requirements

    Section 3 authorizes the Secretaries of the Interior, 
Agriculture, and Commerce to establish rules on recordkeeping 
and auditing by State and political subdivisions receiving 
moneys from the Conservation and Reinvestment Act Fund.

Section 4. Annual reports

            Subsection 4(a). State reports
    Subsection (a) requires States receiving moneys from the 
Conservation and Reinvestment Act Fund to annually report to 
the Secretary of the Interior, Agriculture, or Commerce on how 
those moneys were spent, including a listing of any lands 
purchased and the circumstances surrounding each purchase.
            Subsection 4(b). Report to Congress
    Each year, the Secretaries of the Interior, Agriculture, 
and Commerce are to report to Congress on their expenditures 
from the Conservation and Reinvestment Act Fund and summarize 
the reports submitted by the States under subsection 4(a).

Section 5. Maintenance of effort and matching funding

            Subsection 5(a). In general
    Subsection (a) states congressional intent to maintain 
State and local government funding for programs which receive 
moneys from the Conservation and Reinvestment Act Fund. The 
purpose of H.R. 701 is to supplement and increase, not replace, 
State, local, and non-Federal funding for specified 
conservation programs. The Secretaries of the Interior, 
Agriculture Commerce are directed to monitor State and local 
government expenditures and inform Congress if any State or 
local government is not acting in a manner consistent with this 
intent.
            Subsection 5(b). Use of amounts from the Conservation and 
                    Reinvestment Act to meet matching requirements
    Subsection (b) clarifies that money received by States and 
local governments are to be treated as Federal funds for 
matching fund purposes under other Acts.

Section 6. Protection of private property rights

            Subsection 6(a). Savings clause
    Subsection (a) states that nothing in H.R. 701 authorizes 
the taking of private property for public use without just 
compensation.
            Subsection 6(b). Federal regulation
    Subsection (b) provides that H.R. 701 does not create any 
new authority for Federal agencies to apply regulations on 
private land.

Section 7. Signs

    Section 7 authorizes the Secretary of the Interior to 
require any entity receiving moneys from the Conservation and 
Reinvestment Act Fund to install a sign stating that the 
existence or development of the site is a result of such 
moneys.

Section 8. Ensuring the solvency of the Social Security and Medicare 
        Trust Funds

            Subsection 8(a). Debt reduction
    Subsection (a) requires the Director of the Congressional 
Budget Office to annually report to Congress on whether (1) a 
sufficient portion of the on-budget surplus is reserved for 
debt retirement so that public held debt will be eliminated by 
fiscal year 2013, and (2) there is an on-budget surplus.
            Subsection (b). Social Security solvency
    Subsection (b) requires the Social Security Trustees to 
annually report to Congress on whether outlays from the Social 
Security trust funds will exceed revenues to such trust funds 
during the next 5 years.
            Subsection (c). Medicare solvency
    Subsection (c) requires the Medicare Trustees to annually 
report to Congress on whether outlays from the Medicare trust 
fund will exceed revenues to such trust fund during the next 5 
years.

Section 9. Protection of Social Security and Medicare benefits

    Section 9 prohibits any transfers from the Conservation and 
Reinvestment Act Fund if such expenditure would impact the 
benefit obligations of the Social Security and Medicare Trust 
Funds or if there is not an on-budget surplus.

           Title I--Coastal Impact Assistance and Stewardship

Section 101. Definitions

    Section 101 amends section 2 of the Outer Continental Shelf 
Lands Act (OCSLA) to add definitions for the following terms--
coastal population, Coastal State, coastline, distance leased 
tract, and qualified Outer Continental Shelf revenues. 
Qualified Outer Continental Shelf revenues, which are to be 
deposited in the Conservation and Reinvestment Act Fund, are 
defined as moneys received by the United States from oil and 
gas leases in Federal waters on the Outer Continental Shelf 
(OCS) within 200 miles of the coastline. The term does not 
include revenues earned from production in the 8(g) area (the 
three nautical mile band immediately adjacent toState waters) 
unless section 8(g) does not apply. The term also does not include 
revenues from a leased tract in an area where a moratorium on new oil 
and gas leasing was in effect on January 1, 2000, unless the lease was 
issued before, and was in production on, that date.

Section 102. Coastal impact assistance

    Section 102 amends the OCSLA to add a new section 31 
establishing a coastal impact assistance program within the 
Department of the Interior.
            New subsection 31(a). Definitions
    New subsection (a) defines the following terms used in 
section 31--coastal political subdivision, distance, and 
Producing Coastal State. Coastal political subdivisions are the 
local political jurisdictions immediately below State 
government (such as counties, boroughs, and parishes) located 
within a State's coastal zone and within 200 miles of a Federal 
OCS lease. Producing Coastal States are the 7 Coastal States 
(Alaska, California, Texas, Mississippi, Louisiana, Alabama, 
and Florida) that have a coastal boundary within 200 miles of a 
leased tract excluding those tracts where a moratorium on new 
oil and gas leasing was in effect on January 1, 2000 unless the 
lease was issued before, and in production on, that date.
            New subsection 31(b). Funding
    New subsection (b) provides that the $430 million 
transferred to the Secretary of the Interior from the 
Conservation and Reinvestment Act Fund each year for use in 
accordance with this section are available without further 
appropriation and without fiscal year limitation.
            New subsection 31(c). Impact assistance payments to states 
                    and political subdivisions
    New subsection (c) authorizes the Secretary of the Interior 
to make coastal impact assistance payments to Producing Coastal 
States, with an approved Coastal Impact Assistance Plan, and 
coastal political subdivisions.
    Paragraph (1) allocates the $430 million in coastal impact 
assistance funds among the Producing Coastal States as follows: 
$245 million is divided equally among all Producing Coastal 
States and the remaining $185 million is divided based on 
proximity to OCS oil and gas production. As set forth in 
paragraph (2), the later factor is calculated based on the 
percentage of qualified OCS revenues generated off a Producing 
Coastal State's coastline during the preceding 5-year period, 
and recalculated every 5 years thereafter.
    Paragraph (3) allocates 20% of a Producing Coastal State's 
coastal impact assistance to coastal political subdivisions 
within the States as follows: 25% is allocated based on coastal 
population; 25% is based on coastline miles; and 50% is 
allocated based on proximity to OCS oil and gas production.
    Paragraph (4) authorizes the Secretary of the Interior to 
reallocate a Producing Coastal State or coastal political 
subdivision's coastal impact assistance allocation in the 
absence of an approved coastal impact assistance plan. The 
Secretary is authorized to hold an allocation in escrow (1) 
pending the resolution of an appeal regarding the disapproval 
of a plan or (2) if a Producing Coastal State is making a good 
faith effort to develop and submit, or update, a Coastal Impact 
Assistance Plan.
            New subsection 31(d). Coastal impact assistance plans
    New subsection (d) imposes requirements on Producing 
Coastal States that seek to receive coastal impact assistance, 
to prepare a Coastal Impact Assistance Plan that must 
incorporate the plans of coastal political subdivisions and may 
incorporate the Statewide Coastal Conservation Plan required 
under the new OCSLA section 32. In preparing the Coastal Impact 
Assitance Plan, the Governor must provide for public 
participation. The Coastal Impact Assistance Plan, which must 
specify how coastal impact assistance funds will be used, is to 
be submitted by July 1, 2001, and updated every 5 years 
thereafter.
    Paragraph (2) requires the Secretary of the Interior to 
approve a Coastal Impact Assistance Plan before disbursing a 
Producing Coastal State or coastal political subdivision's 
allocation of coastal impact assistance funds. To obtain 
approval, the Secretary must find that the Coastal Imapct 
Assistance Plan sets forth uses consistent with new subsection 
(e), along with the following: the name of the State agency 
with the authority to deal with the Secretary on coastal impact 
assistance matters; a program for implementation of the plan, 
including a description of how coastal impact assistance funds 
will be used; a description of how coastal political 
subdivisions will use their funds; certification by the 
Governor of public participation; and criteria to account for 
other related Federal resources and programs.
    Paragraph (3) gives the Secretary 90 days to approve or 
disapprove a Coastal Impact Assistance Plan. Paragraph (4) 
imposes the requirements of the subsection on any amendment to 
a Coastal Impact Assistance Plan.
            New subsection 31(e). Authorized uses
    New subsection (e) authorizes Producing Coastal States and 
coastal political subdivisions to use coastal impact assistance 
funds for the following six purposes: coastal stewardship 
activities authorized under new OCSLA section 32; wetlands 
conservation, protection or restoration projects and 
activities; mitigating fish, wildlife or natural resources 
damage; planning and administrative coasts incurred to comply 
with this section; implementation of Federally approved marine, 
coastal, or comprehensive conservation management plans; and 
mitigating OCS impacts through funding onshore infrastructure 
and public service needs except that no more than 23% of an 
allocation may be spent for this purpose. In addition, 
Producing Coastal States and coastal political sudivisions can 
deposite coastal impact assistance funds in a trust fund 
dedicated to consistent uses. All uses must comply with Federal 
and State laws.
            New subsection 31(f). Compliance with authorized uses
    If the Secretary of the Interior determines that a 
Producing Coastal State or coastal political subdivision has 
used coastal impact assistance funds for an unauthorized 
purpose, such Producing Coastal State or coastal political 
subdivision will not receive additional coastal impact 
assistance funds until the amounts spent on the unauthorized 
purpose have either been repaid or obligated for an authorized 
use.

Section 103. Ocean and coastal conservation

    Section 103 amends the OCSLA by adding a new section 32 
which provides funding for the protection of coastal and marine 
resources. The programs under this section will be administered 
by the Secretary of Commerce.
            New subsection 32(a). Funding
    New subsection (a) provides that the $350 million 
transferred to the Secretary of Commerce from the Conservation 
and Reinvestment Act Fund for use in accordance with this 
section is available to be spent without further appropriation.
            New subsection 32(b). Allocation of funds
    New subsection (b) directs the Secretary of Commerce to 
allocate $250 million for coastal stewardship uses in 
accordance with new subsection 32(c), and $100 million for 
cooperative fisheries enforcement, research and management uses 
in accordance with new subsection 32(d).
            New subsection 32(c). Coastal stewardship
    Paragraph (1) directs the Secretary of Commerce to divide 
the $250 million allocated for coastal stewardship uses among 
all Coastal States with an approved Statewide Coastal 
Conservation Plan based 25% on coastal population, 25% on 
coastline miles, and 50% divided equally among all coastal 
States.
    Paragraph (2) provides that if a Coastal State does not 
qualify for funds because of failure to submit a Statewide 
Coastal Conservation Plan, the Secretary of Commerce, following 
final resolution of any appeals regarding disapproval of the 
Plan, shall divide such State's share among the remaining 
Coastal States. The Secretary of Commerce retains discretion to 
hold the State's share in escrow so long as the State is making 
good faith efforts to develop or update its Plan.
    Paragraph (3) requires the Governor of each Coastal State 
receiving coastal stewardship funds to submit a Statewide 
Coastal Conservation Plan, and to update it at least once every 
5 years. The Plan must be developed with public participation, 
and shall consider ways to share the funds with local 
governments, and non-profit or public institutions, to assist 
with coastal stewardship needs. Funds can be used only in 
accordance with the Plan submitted by the Coastal State. The 
Secretary of Commerce shall approve the Plan if it is 
consistent with the authorized uses and contains the name of 
the responsible State agency, a description of how the funds 
will be used, certification by the Governor of ample 
opportunity for public participation, and measures for taking 
into account other Federal resources and programs.
    Paragraph (4) lists the uses to which Coastal States can 
put the funds as those that are consistent with coastal and 
marine protection laws and other Federal and State law; that 
benefit coastal and marine habitats; that benefit water quality 
consistent with the Coastal Zone Management Act; that address 
watershed protection and other needs which cross jurisdictional 
boundaries; that address research and related needs of coastal 
and marine habitats; that address needs related to seasonal 
fluctuations in population; that protect and restore natural 
coastline features; that help control invasive species; that 
address needs created by urban growth; and that relate to 
coastal and Great Lakes living marine resource use and 
management.
    Paragraph (5) prohibits a Coastal State from receiving 
additional funds if it has used any previous funds in an 
unauthorized manner, until such time as the Coastal State 
repays the misused funds or obligates them for authorized uses.
            New subsection 32(d). Cooperative fisheries enforcement, 
                    research and management
    New subsection (d) directs the Secretary of Commerce to 
provide not less than 25% of the funds under this subsection to 
eligible Coastal States to support cooperative enforcement 
agreements for the enforcement of marine laws, and the 
remainder for grants for fisheries and living marine resources 
research and management.
    Paragraph (1) allows the Secretary of Commerce to use up to 
5% of amounts under this subsection for covering administrative 
and technical assistance costs.
    Paragraph (2) provides that the Governor of Hawaii, a 
territory, or a State represented on an Interstate Marine 
Fisheries Commission may apply to the Secretary of Commerce to 
fund cooperative enforcement agreements which authorize State 
law enforcement officers to perform the duties of the Secretary 
of Commerce relating to enforcement of Federal marine laws. 
These agreements shall be consistent with section 311(a) of the 
Magnuson-Stevens Fishery Conservation and Management Act. The 
Secretary of Commerce shall distribute the money under this 
paragraph based on consideration of each participating State's 
specific enforcement needs.
    Paragraph (3) allows the Governor of Hawaii, a territory, 
or any State on an Interstate Marine Fisheries Commission to 
apply to the Secretary of Commerce for funding to support 
research and management agreements that benefit living marine 
resources. To be eligible for funding, projects covered by the 
agreements must address critical needs identified in a fishery 
management report or plan developed and approved by a State, a 
Marine Fisheries Commission,a Regional Fishery Management 
Council, or other regional or tribal entity charged with management and 
conservation of living marine resources. The projects must pertain to 
the collection and analysis of fisheries information, or to the 
development of innovative or cooperative management of fisheries. The 
Secretary of Commerce will give priority to projects that establish 
observer program; promote cooperative research projects for national or 
regional priorities, reduce harvesting capacity, identify ecosystem 
impacts of fishing, develop sustainable fisheries, develop sustainable 
aquaculture, or benefit coastal fishery resources and habitats.
    Paragraph (4) provides for congressional approval of 
amounts to be spent under this subsection by requiring the 
President to submit, as part of the annual budget proposal, a 
priority list of allocations to Coastal States under this 
subsection. If Congress fails to enact legislation changing the 
allocations on the President's list prior to adjourning for the 
year, the amounts on the President's priority list shall be 
made available 15 days after sine die adjournment. If Congress 
does enact legislation establishing a different priority list, 
and it funds less than the annual amounts authorized under this 
section, the difference between the annual amounts authorized 
under this subsection, the difference between the annual 
authorized amount and the new congressional allocations shall 
be available for expenditure, without further appropriation, in 
accordance with the priority list submitted by the President.

Section 104. Coral reef protection

            Subsection 104(a). Funding
    Subsection (a) provides that the $25 million transferred 
from the Conservation and Reinvestment Act Fund to the 
Secretaries of Interior and Commerce for uses in accordance 
with this section is available to be spent without further 
appropriation.
            Subsection (b). Coral reef
    Subsection (b) defines the term ``coral reef.''
            Subsection (c). Allocation of funds
    Subsection (c) divides the funds under this section equally 
between the Secretaries of Commerce and Interior to be 
administered in accordance with this section.
            Subsection (d). Uses
    Subsection (d) establishes the uses for funds under this 
section. It specifies that no amounts provided under this 
section shall be used for the acquisition of lands or interests 
in lands. Funds shall be used solely for activities that 
preserve, sustain or enhance coral reef ecosystems, with 
priority to be given to those areas of most critical 
environmental need. Uses may include actions to improve coral 
reef management; habitat and species monitoring; developing 
management strategies; community outreach and education; law 
enforcement; or grants for uses consistent with the section to 
natural resource management agencies, or appropriate 
educational or non-governmental organizations.
            Subsection (e). Consultation
    Subsection (e) requires the Secretary of the Interior and 
the Secretary of Commerce to consult with the Coral Reef Task 
Force and others when developing guidelines to implement this 
section.
            Subsection (f). Congressional approval
    Subsection (f) allows for congressional approval of the 
amounts to be spent under this section by requiring the 
President to submit, as part of the annual budget proposal, a 
priority list of allocations under this section. If Congress 
fails to enact legislation changing the allocations on the 
President's list prior to adjourning for the year, the amounts 
on the President's priority list shall be made available 15 
days after sine die adjournment. If Congress enacts legislation 
establishing a different priority list and funds less than the 
annual amounts authorized under this section, the difference 
between the annual authorized amount and the new congressional 
allocations shall be available for expenditure, without further 
appropriation, in accordance with the priority list submitted 
by the President.

               title ii--land and water conservation fund

Section 201. Short title

    Title 2 of H.R. 701 is entitled the ``Land and Water 
Conservation Fund Act Amendments of 2000.''

Section 202. Land and water conservation fund amendments

            Subsection 202(a). Amounts transferred from the 
                    Conservation and Reinvestment Act fund
    Subsection (a) amends subsection 2(c) of the Land and Water 
Conservation Fund Act of 1965 (LWCF Act) to authorize the 
deposit into the LWCF of moneys from the Conservation and 
Reinvestment Act Fund.
            Subsection 202(b). Annual funding authority
    Subsection (b) amends section 3 of the LWCF Act to 
authorize the $900 million transferred from the Conservation 
and Reinvestment Act Fund to be spent without further 
appropriation. Other amounts in the LWCF are only available 
when appropriated.
            Subsection 202(c). Allocation of funds
    Subsection (c) amends section 5 of the LWCF Act to require 
that each year moneys from the LWCF be equally divided between 
land acquisition by the Federal land management agencies and 
grants to the States.

Section 203. Allocation of amounts for State purposes

            Subsection 203(a). Facility rehabilitation
    Subsection (a) amends section 6(a) of the LWCF Act to 
authorize States and local governments to use LWCF State grants 
moneys not only for planning, acquisition, and development of 
recreation facilities but also the rehabilitation of recreation 
facilities.
            Subsection 203(b). State funding allocations
    Subsection (b) amends section 6(b) of the LWCF Act to 
authorize the Secretary of the Interior to deduct up to 4 
percent of State grant moneys for administrative expenses. Of 
the remaining moneys, 60% is to be equally divided among all 
States and 40% is to be allocated to States based on 
population. No State may receive more than 10% of the moneys 
and each State must make 25% of its moneys available to local 
governments. State grant moneys are available for 3 fiscal 
years. For purposes of allocations, the following are treated 
as States: (1) the District of Columbia; (2) the five inhabited 
territories with the allocation divided based on population; 
and (3) Indian tribes and Alaska Native Corporations with the 
allocation awarded through a competitive grant program 
administered by the Secretary of the Interior.

Section 204. State planning

            Subsection 204(a). State and action agenda
    Subsection (a) amends section 6(d) of the LWCF Act to 
replace the existing requirement for a State Comprehensive 
Outdoor Recreation Plan with a State Action Agenda. Each State 
is to develop a State Action Agenda within 5 years after the 
enactment of H.R. 701. A State Action Agenda must: identify the 
responsible State agency; the priority and criteria for 
determining which outdoor recreation projects are to receive 
LWCF state-side grants; and provide for public participation. 
The State Action Agenda should focus on strategic, long-term 
goals, along with actions that can be funded in a 5 year period 
and be coordinated with other recreation providers.
            Subsection 204(b). Conforming amendments
    Subsection (b) makes conforming amendments to the LWCF Act 
to replace references to the ``State comprehensive plan'' to 
the ``State Action Agenda''.

Section 205. Assistance to States for other projects

    Section 205 amends section 6(e) of the LWCF Act to 
eliminate a prohibition on using LWCF State grants to cover 
costs relating to land acquisition and authorize the use of 
LWCF state-side grant moneys to enhance public safety within a 
park or recreation area.

Section 206. Conversion of property to other use

    Section 206 amends section 6(f)(3) of the LWCF Act to 
clarify the circumstances under which the Secretary of the 
Interior may approve the conversion of property acquired or 
developed with LWCF moneys to a purpose other than outdoor 
recreation.

Section 207. Federal land acquisition

            Subsection 207(a). Federal land acquisition projects
    Subsection (a) amends section 7(a) of the LWCF Act to 
establish a process for determination of the Federal lands to 
be acquired each year. The President is to submit a priority 
list, in conjunction with the Federal budget, identifying the 
lands proposed to be acquired in the coming fiscal year. This 
list is to reflect the land acquisition priorities of the 
Secretaries of the Interior and Agriculture. In turn, the 
Secretaries should consider, for lands they seek to acquire, 
the use of land exchanges and conservation easements. The 
Secretaries also should seek to consolidate Federal land 
ownership in a State. The Secretaries must consult with the 
Governors of the States in which they are considering acquiring 
land and take into account the Governors' recommendations and 
concerns.
    The President's priority land acquisition list also must be 
submitted to the Senate Energy and Natural Resources Committee 
and the House Resources Committee. In addition, the President 
must provide the Committees the specific statutory authority 
for each proposed land acquisition, along with a list of all 
acquisitions during the prior fiscal year. The Energy and 
Natural Resources Committee has until May 1 to review the list 
and submit its Federal land acquisition recommendations to the 
Senate Appropriations Committee.
            Subsection 207(b). Acquisition restrictions
    The subsection amends section 7(b) of the LWCF Act to 
clarify the limitations on the expenditure of LWCF moneys for 
Federal land acquisitions. First, no Federal land acquisition 
can occur unless the acquisition is approved in an 
appropriations Act. Second, appropriations from the fund may 
not be used for land acquisition unless it is otherwise 
authorized by law, including site specific authorizations and 
general authorities such as the Wild and Scenic Rivers Act, 
National Trails System Act, Weeks Act, or National Wildlife 
Refuge System Act.
    Third, no Federal land acquisition with LWCF moneys can 
occur unless there is a willing seller or it is conducted in a 
manner consistent with the acquisition's authorization.

            Title III--Wildlife Conservation and Restoration

Section 301. Definitions

    Section amends section 2 of the Federal Aid in Wildlife 
Restoration Act (also known as the Pittman-Robertson Act) so 
that the definitions are in alphabetical order. It also adds 
definitions for the following terms--conservation, wildlife, 
wildlife-associated recreation, wildlife conservation and 
restoration program, and wildlife conservation education.

Section 302. Wildlife and conservation and reinvestment account

    This section amends section 3 of the Federal Aid in 
Wildlife Restoration Act to establish a subaccount known as the 
``Wildlife Conservation and Restoration Account'' into which 
$350 million in qualified OCS receipts are transferred annually 
from the Conservation and Reinvestment Act Fund. Amounts in the 
Wildlife Conservation and Restoration Account are to be in 
addition to existing State funds made available under the 
Federal Aid in Wildlife Restoration Act and the Federal Aid in 
Sportfish Restoration Act. Such funds are to be used to develop 
and administer a State or Indian tribe's wildlife conservation 
and recreation program and wildlife conservation strategy with 
priority given to wildlife species with the greatest 
conservation need.

Section 303. State apportionments

    Section 303 amends section 4 of the Federal Aid in 
Restoration Act to add three new subsections addressing: (1) 
allocation of Wildlife Conservation and Restoration Account 
funds; (2) elements of a wildlife conservation and restoration 
program; and (3) requirements for a wildlife conservation 
strategy.
            Apportionment of wildlife conservation and restoration 
                    account
    New subsection (c) establishes how moneys in the Wildlife 
Conservation and Restoration Account are to be allocated. 
First, not more than 2 percent of the moneys may be deducted 
for administrative expenses incurred by the Secretary of the 
Interior. Second, allocations are made to the District of 
Columbia, the Commonwealth of Puerto Rico, Guam, American 
Samoa, the Virgin Islands, and the Commonwealth of the Northern 
Mariana Islands and Federally recognized Indian tribes. Third, 
the remainder is to be allocated among the 50 States based one-
third a State's land area and two-third's based on a State's 
population with each State receiving at least one percent of 
this amount. No State is to receive more than five percent of 
the total funding nor less than one percent.
            Wildlife conservation and restoration program
    New subsection (d) addresses the requisite elements of a 
wildlife conservation and restoration program. To receive funds 
from the Wildlife Conservation and Restoration Account, a State 
must prepare a wildlife conservation and restoration program 
that: (1) makes the fish and wildlife department of the State 
responsible for the program; (2) provides for the development 
and implementation of wildlife conservation projects, wildlife 
associated recreation programs and wildlife conservation 
education projects; and (3) ensures public participation in the 
development, revision, and implementation of this program. If a 
program contains these 3 elements, the Secretary of the 
Interior is to approve the program and set aside the State's 
allocation from the Wildlife Conservation and Restoration 
Account.
    The Secretary is to make payments on projects contained in 
a State's wildlife conservation and restoration program of up 
to 75 percent of the estimated cost of the projects. Not more 
than ten percent of the amounts apportioned to each State may 
be used for wildlife-associated recreation or law enforcement. 
These requirements apply to all 50 States, the District of 
Columbia, the territories, and Federally recognized Indian 
tribes choosing to receive funds from the Wildlife Conservation 
and Restoration Account.
            Wildlife conservation strategy
    In addition to preparing and implementing a wildlife 
conservation and restoration program, within 5 years, a State 
receiving an allocation from the Wildlife Conservation and 
Restoration Account is to develop and implement a wildlife 
strategy as detailed in new subsection (e). The wildlife 
strategy is to be based on the best scientifically available 
information and data and include: the distribution and 
abundance of wildlife species in the State; the condition of 
species' habitats; adverse affects on species and their 
habitats; actions to conserve species and their habitats; 
monitoring of species and their habitats; provision for 10 year 
review of the strategy; and intergovernment coordination in the 
preparation of the strategy.

                      Title IV--Urban Park Program

Section 401. Treatment of amounts transferred from Conservation and 
        Reinvestment Act fund

    This section amends section 1013 of the Urban Park and 
Recreation Recovery (UPARR) Act to specify that amounts 
transferred from the Conservation and Reinvestment Act Fund are 
available for obligation and expenditure without further 
appropriation and without fiscal year limitation. Up to 4% of 
the amount transferred, is available to cover the Secretary's 
administrative costs. The remainder is available for grants to 
eligible local governments with the following limitations: no 
more than 3% may be used for grants for the development of 
recovery action programs; no more than 10% may be used for 
innovation grants; and no more than 15% may be provided as 
grants in any one State. The Secretary of the Interior shall 
establish a limit on the portion of any grant, not to exceed 25 
percent, which can be used for grant and program assistance.

Section 402. Authority to develop new areas and facilities

    Section 402 amends section 1003 of the UPARR Act to specify 
that one of the purposes of the UPARR program is the 
development of new recreation areas and facilities, including 
the acquisition of land.

Section 403. Definitions

    This section amends section 1004 of the UPARR Act to add 
definitions of the terms ``development grants'' and 
``Secretary''.

Section 404. Eligibility

    Thie section amends section 1005(a) of the UPARR Act to 
expand the definition of local governments eligible to receive 
UPARR grants to include any city or town with a minimum 
population of 50,000 and any county, parish or township with a 
minimum population of 250,000.

Section 405. Grants

    Subsection 1006(a) of the UPARR Act is amended to eliminate 
the references to grants as ``rehabilitation and innovation'' 
grants.

Section 406. Recover action programs

    Section 406 amends section 1007(a) of the UPARR Act on the 
requirements of recovery action programs which prepared by 
local governments to reflect the program's expansion to allow 
these grants to be used for development of new recreation areas 
and facilities.

Section 407. State action incentives

    This section amends section 1008 of the UPARR Act to add a 
new subsection (b) that encourages eligible local governments 
to coordinate preparation of recovery action programs with 
State strategic action agendas prepared to meet the 
requirements of the Land and Water Conservation Fund Act. 
Further, the Secretary of the Interior is to encourage the 
States to consider recovery action programs when preparing and 
updating their State agendas.

Section 408. Conversion of recreation property

    This section amends section 1010 of the UPARR Act to 
clarify the circumstances under which the Secretary of the 
Interior may approve the conversion of property acquired or 
developed with UPARR grants moneys to a purpose other than 
outdoor recreation. These circumstances are similar to the 
requirements imposed by section 6(f)(3) of the Land and Water 
Conservation Act regarding conversion of property acquired or 
developed with moneys made available under that Act.

Section 409. Repeal

    This section repeals sections 1014 and 1015 of the UPARR 
Act. Section 1014 prohibits the use of UPARR grants to acquire 
land and section 1015 concerns expired reporting requirements.

                  Title V--Historic Preservation Fund

Section 501. Historic preservation fund amendments

    Section 501 amends section 108 of the National Historic 
Preservation Act to add new subsections (c), (d), and (e), and 
to make conforming changes. New subsection (c) provides that 
the $150 million transferred to the Secretary of the Interior 
each year for use in accordance with this title shall be 
available for obligation and expenditure without further 
appropriation and without fiscal year limitation.
    New subsection (d) states that of amounts in the Historic 
Preservation Fund, $150 million shall be made available each 
year, without further appropriation, as follows: $75 million is 
available for State, local, and tribal historic preservation 
programs as provided in section 101(b), (c), and (d) of the 
National Historic Preservation Act; and $15 million is 
available for the American Battlefield Protection Program that 
protects battlefield threatened with development. The 
remainder--$60 million--shall be used to carry out the National 
Historic Preservation Act, except that at least $30 million is 
to be used for preservation projects on historic properties or 
archaeological sites in accordance with the National Historic 
Preservation Act, with priority given to the preservation of 
endangered Federal historic properties or archaeological sites.
    New subsection (e) establishes a process for Congress to 
review and modify the President's proposed expenditure of the 
$60 million made available under subsection (d)(2)(C). 
Paragraph (1) requires the President to include in the annual 
budget proposal a list of programs to be funded under 
subsection (d)(2)(C). The subsection also makes clear that the 
President can propose to use part of the remainder funds as 
additional funding for State, local governmental, and tribal 
historic preservation programs, above the $75 million provided 
in subsection (d)(2)(A).
    Paragraph (2) states that except as provided in paragraph 
(3), no funds may be obligated or expended for any of the 
programs identified above unless approved in an appropriations 
Act.
    Paragraph (3) provides that if the Congress adjourns for 
the year without appropriating the full amount made available 
under subsection (d)(2)(C), the Secretary of the Interior is 
directed, 15 days after the date of the sine die adjournment, 
to obligate and expend the difference between the full amount 
made available ($60 million) and the amount actually 
appropriated. The Secretary is authorized to obligate and 
expend these funds without further appropriation, but only for 
the following purposes: to provide additional funding for 
State, local governmental, and tribal preservation programs or 
to fund preservation projects on endangered Federal historic 
properties or archaeological sites.

Section 502. American Battlefield Protection Program amendments

    Section 502 makes three amendments to the American 
Battlefield Protection Act of 1996. Section 1(c)(2) of the Act, 
which authorizes the Secretary of the Interior to provide 
financial assistance of further the protection of threatened 
battlefields, is amended to require that priority for financial 
assistance for the preservation of Civil War battlefields be 
given to sites identified as Priority 1 battlefields in the 
``Civil War Sites Advisory Commission Report on the Nation's 
Civil Was Battlefields'' issued in 1993.
    Section 1(d) of the American Battlefield Protection Act is 
amended to delete the $3 million annual authorization ceiling 
and provide a general authorization, since $15 million will be 
made available each year under the Conservation and 
Reinvestment Act.
    Section 1(e) of the American Battlefield Protection Act is 
repealed. Subsection (e) terminates the battlefield protection 
program in 2006. However, this date superseded by the date 
funding will terminate under the Conservation and Reinvestment 
Act, which is 2015.

      Title VI--National Park and Indian Land Restoration Programs

Section 601. National System resource protection

    Section 601 authorizes a program to protect threatened 
resources in units of the National Park System.
            Subsection 601(a). Amount transferred from the Conservation 
                    and Reinvestment Act Fund
    Subsection (a) states that $100 million shall be available 
to the Secretary of the Interior each year for obligation and 
expenditure in accordance with this section without further 
appropriation and without fiscal year limitation.
            Subsection 601(b). Uses
    Subsection (b)(1) provides that the moneys transferred 
under this section shall only be used to protect significant 
natural, cultural, or historical resources at units of the 
National Park System that or threatened or are in need of 
stabilization. Paragraph (2) authorizes the Secretary of the 
Interior to enter into cooperative agreements with State and 
local governments and other public and private organizations to 
carry to the purposes of this section. Paragraph (3) precludes 
using funds transferred under this section for land 
acquisition, salaries of permanent National Park Service 
employees, road construction, new visitor centers, routine 
maintenance, or specific projects which are funded under the 
Recreational Fee Demonstration Program. The functions and 
programs listed in this paragraph are funded through other 
revenue distribution programs.
            Subsection 601(c). Priority list
    Subsection (c) requires the President to include in the 
annual budget proposal priority list for projects to be funded 
under this section. Copies of the proposal are also required to 
be transmitted to the Senate and House authorizing committees. 
In preparing the list, the President is directed to give 
priority to projects which are identified in park unit's 
general management plan, are included in authorized 
environmental restoration projects, or are identified by the 
Secretary of the Interior as necessary to prevent immediate 
damage to park's natural, cultural, or historical resources, or 
to protect public health or safety.
            Subsection 601(d). Funding
    Subsection (d)(1) provides that except as provide in 
paragraph (2), no money may be obligated or expended during a 
fiscal year under this section unless approved in an 
appropriations Act. Paragraph (2) provides that if Congress 
adjourns for the year without appropriating the full amount 
made available under subsection (d)(2)(C), the Secretary of the 
Interior is directed, 15 days after the date of the sine die 
adjournment, to obligate and expend the difference between the 
full amount made available ($100 million) and the amount 
actually appropriated. The Secretary is authorized to obligate 
and expend these funds without further appropriation, in 
accordance with the priority list submitted pursuant to 
subsection(c).

Section 602. Indian lands restoration

    Section 602 authorizes a program to assist Indian tribes in 
the protection and restoration of tribal lands.
            Subsection 602(a). Amounts transferred from the 
                    Conservation and Reinvestment Act Fund.
    Subsection (a) states that $25 million shall be available 
to the Secretary of the Interior each year for obligation and 
expenditure in accordance with this section without further 
appropriation and without fiscal year limitation.
            Subsection 602(b). Competitive grants to Indian tribes.
    Subsection (b)(1) directs the Secretary of the Interior to 
administer a competitive grant program for Indian tribes to 
assist in the restoration of degraded lands, resource 
protection, or for the protection of public health and safety 
on tribal lands. The Secretary is directed to develop the 
competitive grant program in consultation with Indian tribes. 
In awarding grants, priority grants, priority is to be given to 
projects based on the significance of the resources to be 
protected, the severity of damages or threats to resources, and 
the protection of public health and safety. Paragraph (2) 
provides that no tribe may receive more than 10 percent of the 
amounts made available for grants under this section. Paragraph 
(3) defines the term Indian tribe to include those recognized 
by theSecretary as an Indian tribe under section 104 of the 
Federally Recognized Indian Tribe List Act, or in the case of Alaska, 
an Alaska Native Corporation.

        Title VII--Conservation Easements and Rural Development

Section 701. Farm and Ranch Land Protection Program

    Section 701 establishes a Farm and Ranch Land Protection 
Program within the Department of Agriculture. Section 388 of 
the Federal Agriculture Improvement and Reform Act of 1996 (the 
1996 Farm Bill) provided a one-time authorization and funding 
for a similar program, as did the Agricultural Risk Protection 
Act of 2000.
            Subsection 701(a). Establishment
    Subsection (a) authorizes the Secretary of Agriculture to 
establish a farm and ranch land protection program to protect 
prime or unique farm, ranch, and forest lands by limiting 
nonagricultural use. The Secretary is to provides matching 
grants for the acquisition of permanent conservation easements 
or other interests in such agricultural land when the land is 
subject to a pending State or local government offer.
            Subsection 701(b). Conservation plan
    Subsection (b) provides that a conservation plan must be 
prepared for highly erodible land purchased with moneys from 
the Conservation and Reinvestment Act Fund. The plan may 
require, at the option of the Secretary of Agriculture, the 
conversion of the land to less intensive uses.
            Subsection 701(c). Maximum Federal share
    Subsection (c) provides that no more than 50 percent of the 
total cost of a conservation easement may be paid by the 
Federal Government.
            Subsection 701(d). Eligible entity defined
    Subsection (d) provides that eligible entities, those 
entities which may receive farm and ranch land protection 
grants, are defined to include: State and local agencies; 
Federally recognized Indian tribes; or nonprofit conservation 
organizations.
            Subsection 701(e). Title; enforcement
    Subsection (e) provides that eligible entities may hold 
title to a conservation easement purchased using farm and ranch 
land protection grants and enforce conservation requirements of 
the easement.
            Subsection 701(f). State certification
    Subsection (f) provides that to receive a farm and ranch 
land protection grant, the attorney general of the State in 
which the conservation easement is purchased must certify that 
conservation easement will result in farmland protection.
            Subsection 701(g). Willing seller
    Subsection (g) mandates that conservation easements can be 
purchased only from willing sellers.
            Subsection 701(h). Technical assistance
    Subsection (h) provides that up to 10 percent of the funds 
provided from the Conservation and Reinvestment Act Fund are 
available for technical assistance by the Secretary of 
Agriculture.
            Subsection 701(h). Funding
    Subsection (h) provides that moneys from the Conservation 
and Reinvestment Fund are available to the Secretary of 
Agriculture for obligation or expenditure without further 
appropriation and without fiscal year limitation.

Section 702. Forest Service rural development

    Section 702 amends the Cooperative Forestry Assistance Act 
of 1978 to establish a Rural Development program within the 
Department of Agriculture. The Rural Development program is to 
assist rural communities in developing sustainable rural 
economies. Such a program has been established under the 
provisions of annual appropriates authorities since 1989. Funds 
from the Conservation and Reinvestment Act are available to the 
Secretary of Agriculture for this purpose without further 
appropriation and without fiscal year limitation.

Section 703. Non-federal lands of regional or national interest

            Subsection 703(a). Competitive grant program
    Subsection (a) authorizes the Secretary of the Interior to 
make grants to States for the conservation of non-Federal lands 
of clear regional or national interest. In making grants, the 
Secretary is to consider how conservation projects will 
conserve the natural, historic, cultural, or recreational 
values of non-Federal lands and give preference to projects 
that: seek to protect ecosystems; are developed with other 
States; complement conservation or restoration programs on 
Federal lands; demonstrate public participation in project 
proposal; or are supported by neighboring communities. Grants 
may not exceed 50 percent of the cost of the project.
            Subsection 703(b). Authorized projects
    Subsection (b) requires congressional authorization of 
conservation projects where the Federal contribution will 
exceed $1 million
            Subsection 703(c). Authorization of appropriations
    Subsection (c) authorizes appropriations to carry out this 
section.

Sec. 704. Mapping existing conservation easements

            Subsection 704(a) . Deadline for completion
    Subsection (a) provides that within 4 years of enactment of 
the Conservation and Reinvestment Act, the Secretary of the 
Interior is to complete the mapping of all conservation 
easements to protect wetlands acquired by the Fish and Wildlife 
Service before 1977.
            Subsection 704(b). Authorization of appropriations
    Subsection (b) authorizes appropriations to carry out this 
section.

                   Cost and Budgetary Considerations

    The following estimate of the cost of this measure has been 
provided by the Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                 Washington, DC, September 1, 2000.
Hon. Frank H. Murkowski,
Chairman, Committee on Energy and Natural Resources, U.S. Senate, 
        Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 701, the 
Conservation and Reinvestment Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. the CBO staff contact is Deborah Reis.
            Sincerely,
                                          Barry B. Anderson
                                    (For Dan L. Crippen, Director).
    Enclosure.

H.R. 701--Conservation and Reinvestment Act

    Summary: Assuming appropriation action consistent with the 
act, CBO estimates that implementing H.R. 701 would cost about 
$1 billion in fiscal year 2002 and a total of $8.7 billion over 
the 2002-2005 period. H.R. 701 would not affect direct spending 
or receipts; therefore, pay-as-you-go procedures would not 
apply.
    The legislation contains no intergovernmental or private-
sector mandates as defined in the Unfunded Mandates Reform Act 
(UMRA). The spending authorized by the act would include grants 
for state, local, and tribal governments. Any costs incurred by 
these governments to meet the conditions of assistance would be 
voluntary.
    Major provisions: H.R. 701 would establish the Conservation 
and Reinvestment Act (CARA) fund within the Treasury. Beginning 
in fiscal year 2001, the Secretary of the Treasury would make 
annual deposits into this fund of about $3 billion from oil and 
natural gas royalties and other income derived from exploration 
and development of the Outer Continental Shelf (OCS). Each year 
thereafter, the Secretary would transfer this money to other 
federal funds and accounts for land conservation, acquisition, 
management, and other activities. The amounts transferred from 
the CARA fund would be available without further appropriation, 
except that no transfers would be made in any year in which 
less than $450 million is made available for federal land 
acquisition in appropriations acts. (That minimum appropriation 
level would be reduced in any year that there are not enough 
OCS receipts to make all of the authorized deposits to the CARA 
fund.) As a result, all spending from the new fund would be 
contingent upon the magnitude of future appropriations.
    Estimated Cost to the Federal Government: The estimated 
budgetary impact of H.R. 701 is shown in the following table. 
The costs of this legislation fall within budget functions 300 
(natural resources and the environment), 450 (community and 
regional development), and 800 (general government).
    No amounts have been included in this estimate for the 
program authorized by section 703. This section would authorize 
the appropriation of whatever amounts are necessary to provide 
grants to states for the conservation of nonfederal lands. The 
program would cover a broad range of projects nationwide and 
could cost as much as several hundred million dollars annually, 
but CBO has no basis for estimating the size of this program.

----------------------------------------------------------------------------------------------------------------
                                                                   By fiscal year, in million of dollars--
                                                           -----------------------------------------------------
                                                              2000     2001     2002     2003     2004     2005
----------------------------------------------------------------------------------------------------------------
                                        SPENDING SUBJECT TO APPROPRIATION

Spending under current law:
    Budget authority \1\..................................      677        0        0        0        0        0
    Estimated outlays.....................................      618      396      145       45        4        2
Proposed changes:
    Estimated authorization level.........................        0        0    3,004    3,015    3,029    3,044
    Estimated outlays.....................................        0        0    1,022    2,037    2,680    2,980
Spending under H.R. 701:
    Estimated authorization level \1\.....................      677        0    3,004    3,015    3,029    3,044
    Estimated outlays.....................................      618      396    1,167    2,082    2,684    2,982
----------------------------------------------------------------------------------------------------------------
\1\ The amount shown for 2000 includes appropriations for land acquisition ($467 million), historic preservation
  ($75 million), and payments in lieu of taxes ($135 million). Funding for 2001 has not been enacted yet; the
  higher spending levels authorized under H.R. 701 would not begin until 2002.

            Basis of estimate
    For this estimate, CBO assumes that H.R. 701 will be 
enacted near the beginning of fiscal year 2001 and that 
receipts from OCS activities will be sufficient to finance the 
entire amounts specified to be deposited into the CARA fund 
each year. We also assume that $450 million for federal land 
acquisition will be appropriated each year--triggering the 
appropriation of the roughly $3 billion total funding under the 
bill for each year--and that the Congress will determine that 
the budgetary conditions specified in section 9 of the 
legislation have been met. (Section 9 concerns the potential 
diminution of benefits under certain federal entitlement 
programs and the existence of an on-budget surplus.) Outlays 
for all programs have been estimated on the basis of existing 
similar activities.
            CARA fund
    Beginning in fiscal year 2002, H.R. 701 would authorize 
transfers of OCS receipts from the CARA fund of about $3 
billion, allocated to activities and programs as follows:
          A total of $805 million to the Department of Commerce 
        (DOC) and the Department of the Interior (DOI) for 
        coastal area programs, including payments to coastal 
        states to mitigate the effects of OCS activities ($430 
        million), grants for ocean and coastal conservation 
        programs ($350 million), and spending to protect coral 
        reefs ($25 million);
          Up to $900 million to the Land and Water Conservation 
        Fund for federal and state land acquisition;
          A total of $575 million to provide additional funding 
        for existing DOI grant programs, including the urban 
        parks and recreation program ($75 million) and historic 
        preservation fund ($150 million) operated by the 
        National Park Service (NPS), and federal wildlife 
        restoration ($350 million) administered by the U.S. 
        Fish and Wildlife Service (USFWS);
          $125 million to DOI for the protection of NPS and 
        tribal resources, including the restoration of degraded 
        lands and related maintenance projects;
          A total of $200 million to the Forrest Service for 
        forestry programs, rural assistance, and farm and ranch 
        land protection;
          $60 million to DOI and the Forest Service for the 
        Youth Conservation Corps; and
          Such sums as are necessary to DOI to fully finance 
        payments to local governments in lieu of taxes (an 
        estimated $337 million in 2002, rising to $379 million 
        in 2005).
    Under section 2, none of these funds could be transferred 
to other accounts for federal spending in any year unless at 
least $450 million is appropriated for that year for federal 
land acquisition. Because the availability of those funds each 
year would be contingent on such appropriation action, all of 
the spending of the amounts transferred from the CARA fund 
would be treated as discretionary spending. Under current 
budget procedures, if the obligation of certain funds is 
contingent on the enactment of a subsequent appropriation, 
thenthe cost of such spending is attributed to the subsequent 
appropriation. H.R. 701 would create such a contingency for obligating 
amounts in the CARA fund.
            Other discretionary spending
    Included in this estimate is about $7 million over the next 
10 years for the USFWS to complete a map of all conservation 
easements acquired by the agency before 1977 to protect 
wetlands. The agency would be required to complete the map by 
title VII of the legislation, which also would authorize the 
appropriation of whatever amounts are necessary for this 
purpose.
    Title VII also would authorize the appropriation of 
whatever sums are necessary for a new federal program to make 
grants to states for the conservation of nonfederal lands of 
regional or national interest. CBO cannot estimate the costs of 
implementing this grant program because there is no basis for 
determining its size. Depending on the scope of this new 
program, it could cost several hundred million dollars 
annually.
    Pay-as-you-go considerations: The Balanced Budget and 
Emergency Deficit Control Act sets up pay-as-you-go procedures 
for legislation affecting direct spending and receipts. This 
version of H.R. 701 would not be subject to such procedures 
because all spending under the bill would be subject to 
appropriation action.
    As noted above, section 2 of H.R. 701 would allocate OCS 
receipts to a variety of federal programs. Subsection 2(f) 
states:
    ``Notwithstanding any provision of this act making funds 
available without further appropriation, no amounts from the 
Conservation and Reinvestment Act Fund shall be transferred 
under this section during any fiscal year until the Congress 
has made available $450,000,000 (or such lesser amount as may 
be required by subsection (e)) for federal land acquisition 
under section 5 of the Land and Water Conservation Fund Act of 
1965 (16 U.S.C. 460l-7) during such fiscal year in an act 
making appropriations.''
    Thus, only an annual appropriation of at least $450 million 
would trigger the CARA transfers in a particular year, making 
the spending of those funds discretionary (i.e., subject to 
controls on discretionary spending and not subject to pay-as-
you-go procedures).

                      Regulatory Impact Evaluation

    In compliance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
carrying out H.R. 701. The bill is not a regulatory measure in 
the sense of imposing Government-established standards or 
significant economic responsibilities on private individuals 
and businesses.
    No personal information would be collected in administering 
the program. Therefore, there would be no impact on personal 
privacy.
    Little, if any, additional paperwork would result from the 
enactment of H.R. 701 as ordered reported.

                        Executive Communications

    Formal Executive agency views were not requested on H.R. 
701, as referred to the Committee on Energy and Natural 
Resources. George Frampton, acting Chair of the Council on 
Environmental Quality, testified before the Committee on 
related legislation on May 11, 1999. Mr. Frampton's testimony 
follows:

   Statement of George T. Frampton, Jr., Acting Chairman, Council on 
        Environmental Quality, Executive Office of the President

    Mr. Chairman, Senator Bingaman, distinguished Members of 
the Committee:
    I am pleased to have the opportunity to appear before you 
today to discuss the President's Lands Legacy Initiative and 
related legislation--including S. 25, S. 446, S. 532, S. 819--
as well as the interaction of the Council on Environmental 
Quality with agencies under the Committee's jurisdiction--the 
Department of the Interior, the Department of Energy, and the 
U.S. Forest Service.
    Let me turn first to the Lands Legacy Initiative. The 
overall goal of the President's proposal is to enable this and 
future generations to protect irreplaceable pieces of our 
Nation's natural endowment within easy reach of every American 
through the establishment of a permanent fund. Achieving this 
goal is one of the President's highest priorities, and the 
bills pending before this Committee strongly suggest that this 
aim enjoys broad bipartisan support in this Congress.
    While it is not my purpose today to either support or 
oppose any of the bills pending before the Committee, I pledge 
the Administration's willingness to work diligently an in good 
faith with you, and with other Senators and Congressmen 
dedicated to these issues, so that together we may achieve this 
goal. Legislation for this purpose that can be widely supported 
and signed by the President would be a truly historic 
achievement on behalf of the citizens we work for--an 
achievement that I believe to be within our grasp.
    I would like to begin our work together by outlining the 
President's Lands Legacy proposal.
    Congress enacted the Land and Water Conservation Fund in 
1864 ``to assist in preserving, developing, and assuring 
accessibility to all citizens of the United States of present 
and future generations * * * outdoor recreation resources * * * 
by (1) providing funds for and authorizing federal assistance 
to the states in planning, acquisition and development of 
needed land and water areas and facilities, and (2) providing 
funds for the federal acquisition and development of certain 
lands and other areas.'' Historically, as you are well aware, 
our efforts too often have fallen short of these commendable 
goals.
    We believe the time has come to establish a permanent 
funding mechanism to ensure that Congress' vision is fulfilled, 
and to adapt this vision to meet new conservation challenges. 
More specifically, we believe that while there must continue to 
be a strong federal role in the protection of our natural 
resources--particularly resources of national significance that 
can not be adequately safeguarded at the state or local level--
there is growing need and demand for additional assistance to 
states, tribes, and communities struggling to preserve local 
green spaces that grow scarcer every day. These needs range 
from keeping the urban environment healthy to preserving 
suburban greenways to saving threatened farmland.
    Accordingly, we propose creation of a permanent fund of a 
least $1 billion a year for the protection of open space and 
natural resources, with at least half of the funding dedicated 
to assisting state and local efforts.
    We strongly believe that certain natural and historic sites 
and deserving of--and are most approximately safeguarded by--
federal protection. For instance, at the Administration's 
request, Congress last year appropriated funds for completion 
of the Appalachian Trail, the Nation's longest footpath, 
extending from Georgia to Maine. Our priorities for fiscal year 
2000 include acquisitions within the around Mojave and Joshua 
Tree National Parks; forests in Big Sur and Northern Florida; 
protection of lands along the historic Lewis and Clark Trail 
and the Pacific Coast Trail; and acquisitions within Civil War 
battlefields, including Gettysburg and Antietam. It is 
imperative that we provide a secure foundation for continuing 
such efforts in the years ahead.
    However, natural resource protection is not, and cannot be, 
the exclusive province of the federal government. Many 
conservation needs are most appropriately addressed at the 
state or local level, both because the resources can be managed 
without direct federal involvement, and because certain 
conservation priorities are best set by communities themselves. 
Each community faces unique conservation challenges, and no one 
solution can be dictated from Washington. Rather, the federal 
government can provide funds that can be leveraged by states 
and local governments, and an array of tools that communities 
can choose from to meet their particular needs. For instance, 
outright acquisition is not always the right approach; often, 
conservation easements, funds to restore existing urban parks, 
or easements or loans to keep working forests working can more 
efficiently meet a community's needs.
    The President's Lands Legacy proposal provides increased 
funding for a full complement of programs to assist state, 
tribal, and local governments in meeting a range of 
conservation needs: matching grants for acquisition of land or 
easements; matching grants for open space planning; grants to 
preserve wildlife habitat and support collaborative efforts to 
protect endangered species; matching grants and technical 
assistance to enhance urban forests and restore parks in 
economically distressed urban communities; matching grants for 
conservation easements on forests and farmland; and grants for 
coastal environmental protection, conservation, and 
restoration.
    There is a remarkable degree of common ground between the 
broad framework of the President's proposal, which I have just 
outlined, and the legislative proposals before this Committee. 
Many if not all of the goals I have articulated are addressed 
in that legislation. I am confident that we can work 
productively with the Congress to arrive at a formula that 
fulfills the vision of the President's Lands Legacy Initiative.
    I must be clear, however, on certain issues where we have 
serious concerns. The Administration cannot support legislation 
that unreasonably restricts the use of funds for federal land 
acquisition; that does not provide sufficient guidance to 
ensure that funding is spent in a manner consistent with 
environmental values and without any risk of environmental 
harm; or that provides incentives for additional oil and gas 
drilling in federal offshore waters.
    Attached to this testimony is a more detailed set of 
legislative principles that will guide the Administration as we 
work with you, as well as an interagency budget cross-cut of 
the funding requested in the President's 2000 budget to support 
the Lands Legacy Initiative.
    I believe there may be some confusion over the interaction 
between the President's fiscal year 2000 budget and the Lands 
Legacy Initiative. We recognize that the pending legislation 
anticipates establishment of a permanent funding mechanism 
beginning in fiscal year 2000. That is a goal that we share, 
and we will work hard to accomplish it before September 30 of 
this year. However, in preparing the 2000 discretionary budget 
we needed to recognize the possibility that such legislation 
will not be completed in that time frame.
    The President's budget submission ensures that funding for 
current and proposed programs for natural resources protection 
remains available beyond fiscal year 2000 within the context of 
a balanced discretionary budget, should permanent funding 
legislation be delayed. The Budget assumes appropriations 
funding these programs in fiscal year 2000, and that we will 
seek permanent funding beginning in fiscal year 2001. As you 
will see from the cross-cut, that budget would provide 
increased levels of funding over fiscal year 1999 
appropriations in certain key areas.
    It is, by its nature, reflective of the agencies' current 
statutory spending authority. It should not be viewed as an 
inflexible Administration position on the construction of a 
permanent funding mechanism, but rather as an outline of those 
purposes for which we believe funding ultimately should be 
available on a permanent side of the ledger. Should permanent 
funding be provided for programs now reflected in the 
discretionary budget, the proposed increases in funding would 
no longer be required in the discretionary budget. Conversely, 
those programs that do not move to permanent funding would 
require continued funding at requested levels in the 
discretionary budget in order to ensure that their important 
purposes are carried out.
    Let me conclude the discussion of Lands Legacy by repeating 
that the Administration is here to work long and hard with you 
to build on the considerable common ground we have, and to find 
a way to do what the public clearly wants us to do--leave a 
legacy of financial resources adequate to protect our Nation's 
natural treasures.
    I'd like briefly to address the other issue raised by the 
Committee's invitation letter--CEQ's role with respect to 
agencies within the Committee's jurisdiction. CEQ was created 
by the Congress in 1969 to advise the President on the long-
term direction of environmental policy, to coordinate the 
environmental work of the federal family, and to oversee 
implementation of the National Environmental Policy Act (NEPA).
    CEQ is to make sure that federal agencies are working 
together, not at cross purposes, and to referee disputes 
between the agencies. Congress envisioned CEQ as a ``neutral'' 
arbiter free of ``agency bias''--that is, commitment to a 
particular regulatory approach or agency mission. As such, CEQ 
can ensure that the broadcast set of environmental goals is 
being advanced.
    CEQ also is charged with an even broader mandate: to make 
sure that in the articulation and implementation of the 
Nation's environmental program, economic and social imperatives 
are fully taken into account. Sound environmental strategy that 
is based on good science, and is broad-based rather than 
parochial in scope--this, I believe, was the vision of 
Congress.
    A parallel vision embodied in NEPA is that federal agencies 
should make important decisions affecting the environment in a 
democratic way, only after a thorough examination of the likely 
impacts of alternative courses of action. By putting sound 
information before the public and government managers, informed 
public input to such decisions would be guaranteed.
    Both of these visions--coordination and balance, and 
informed democratic decision making--remain cornerstones of the 
Nation's environmental policy making and of CEQ's work with the 
agencies, including those within the Committee's jurisdiction.
    I would be pleased to answer the any questions the 
Committee may have.


statement of administration principles lands legacy legislation for fy 
                            2001 and beyond


    Legislation must create a permanent funding stream, within 
the context of a balanced budget, of at least $1 billion 
annually beginning in fiscal year 2001.
    Legislation should specify a generally equal allocation of 
funding between (1) federal land acquisition; and (2) funding 
for state, local, and tribal governments to acquire, protect, 
or restore open space, greenways, urban and community forests 
and parks, wildlife habitat, coastal wetlands, farmland 
protection and sustainable forests.
    Legislation should provide funding for various tools for 
state, local, and tribal communities to protect their open 
space and natural resources in the manner most appropriate to 
their area, including the ability to acquire less than fee 
simple interest in land. The range of tools and programs should 
be similar in scope to those proposed in the President's Budget 
for FY 2000.
    Legislation should protect wildlife by providing funding to 
support the health and diversity of habitat for at-risk and 
nongame species.
    Legislation should provide support for open space planning 
that is integrated with other planning, land protection, and 
smart growth efforts. Funding to states and tribes for planning 
must encourage consideration of open space preservation, 
habitat protection, and the identification of appropriate 
corridors for growth.
    In recognition of the unique environmental needs of coastal 
states, legislation should include specific programs and 
partnerships designed to assist in coastal environmental 
protection, conservation, and restoration. The range of tools 
and programs should be similar in scope to those proposed in 
the President's Budget for FY 2000. This allocation must be 
equitable considering the national needs of all states, and 
should not preclude the coastal states from competing for the 
other general grants available to all states.
    Legislation must provide incentives for leveraging the 
federal funding to state, local, and tribal governments to the 
maximum extent possible through matching funds, and 
partnerships with governmental or private, non-governmental 
entities including land trusts.
    The program established by the legislation should contain 
no incentive for additional offshore oil or gas exploration or 
development, which should continue to be governed solely by 
existing law and procedures.



                   MINORITY VIEWS OF SENATOR DOMENICI

    I oppose the Conservation and Reinvestment Act (CARA), H.R. 
701, as reported by the Committee on Energy and Natural 
Resources. CARA would create almost $2.5 billion annually in 
new entitlement spending for each of the next 15 years--a total 
of $37.5 billion. By creating vast new entitlement programs, 
CARA has significant implications for the rest of the federal 
budget. I also take issue with the policy direction embodied in 
this legislation, particularly the ceding of substantial power 
over local land use to cabinet officials and agencies of the 
executive branch.
    Entitlement spending is the largest and fastest growing 
segment of the federal budget. New entitlement spending, 
without associated reductions in other entitlement programs, 
will only serve to make the task of controlling the cost of 
government and reducing federal debt more difficult.
    During the Energy and Natural Resources Committee markup of 
HR 701, the question of the funding mechanism was raised. Staff 
indicated that the funding under this bill would subject to 
appropriation. While it is true that $450 million for federal 
land acquisition would be subject to annual appropriations, 
once that appropriation is enacted, $2.5 billion in mandatory 
spending will be automatically triggered each year. The $2.5 
billion will be spent as it is mandated under CARA. It will 
automatically go to the following programs in these amounts: 
$780 million for coastal impact assistance, $25 million for 
coral reef protection, $450 million for state Land and Water 
Conservation Fund, $350 million for PILT, $350 million for 
wildlife conservation and restoration, $75 million for urban 
parks, $150 million for historic preservation, $125 million for 
National Park and Indian land restoration, $50 million for the 
Forest Legacy program, $50 million for the Farm and Ranchland 
Protection program, $25 million for the Rural Development 
program, $25 million for the Rural Community Assistance 
program, $60 million for the Youth Conservation Corps.
    I strongly support many of these programs as they are 
currently authorized, and I would support this legislation if 
all of the spending remained subject to the annual 
appropriations process. The PILT program is vitally important 
to sustain services provided by county governments throughout 
the country, especially in those areas in Western states that 
are dominated by federal land. Funding for urban parks and 
historic preservation is greatly needed to help improve the 
quality of life for all Americans. Restoration of our National 
Parks should be among our highest national conservation 
priorities, and the condition of land and resources held in 
trust for American Indians in many cases is dismal and in need 
of federal assistance.
    Notwithstnding my support for these programs, the explicit 
policy statement of CARA is that all programs funded by the law 
will be of higher priority than any other federal conservation 
effort for the next 15 years. This year, the Western United 
States is facing its worst fire season in decades, yet the 
Committee-reported bill sets funding priorities for the next 15 
years for coastal impact assistance, coral reef protection and 
additional land acquisition all above firefighting and 
activities to reduce the risk of catastrophic wildfires, even 
in heavily populated areas. There is currently a $20.8 billion 
maintenance backlog within the land management agencies, and 
CARA does not come close to addressing this problem. We cannot 
be certain today what will be needed for resource conservation 
15 years from now. It is simply bad budgeting and bad policy to 
set priorities and $37.5 billion in funding in stone for 15 
years.
    In addition to my concerns with the federal budgetary 
implications of this legislation, I have serious reservations 
about the power that this bill would cede from Congress to the 
executive branch. Under four sections of the bill, namely those 
dealing with planning for coastal impact assistance, ocean and 
coastal conservation, the state portion of the Land and Water 
Conservation Fund, and wildlife conservation and restoration, 
the Secretaries of Interior, Commerce and Agriculture are 
required to approve State plans before funding will be released 
from the CARA fund to implement those plans. The language gives 
the Secretaries a great deal of discretion in the 
interpretation of the law. While the intention of the Committee 
may be that the approval process should be little more than a 
formality to ensure that the states adhere to the spirit of the 
law, we should not overlook how similar processes have been 
interpreted in the recent past. Activist administrations and 
courts have interpreted laws in ways that Congress did not and 
could not foresee. Tow high profile examples of far reaching 
and broad administrative and judicial interpretation are 
apparent in the Antiquities Act and the national Environmental 
Policy Act (NEPA).
    Under the Antiquities Act, the President may designate 
``national monuments,'' imposing protective measures for 
``historic landmarks, historic and prehistoric structures, and 
other objects of historic or scientific interest'' that are 
contained on federal land. The law goes on to state, however, 
that the limits on the amount of land to be designated ``in all 
cases shall be confined to the smallest area compatible with 
the proper care and management of the objects to be 
protected.'' Regardless of whether or not I have supported the 
designation of specific monuments under the Antiquities Act in 
recent years, I cannot believe that Congress intended for the 
President to unilaterally use this authority to set aside 
millions of acres of public land with a single stroke of the 
pen.
    In the second case, NEPA requires that agencies of the 
federal government study the potential environmental impacts of 
proposed actions, and to include various alternative courses of 
action within the analysis. Under various court rulings and 
administrative interpretations, the NEPA process has become a 
tangled mess of rigid requirements on decision-making, that are 
particularly onerous on the federal land management agencies. 
Although NEPA has served to shed ``sunshine'' on the agency 
decision-making process, it has unfortunately become a legal 
impediment to many sound and justifiable land and environmental 
management activities.
    These two examples demonstrate that no matter how well 
intentioned Congress may be in trying to provide resources for 
conservation to states and local communities under CARA, we 
should anticipate that there will be interpretations we cannot 
now foresee. For this reason, Congress should maintain an 
effective way to oversee and adjust to changing interpretations 
of this law. This is especially true when it comes to the 
funding of activities that have historically and justifiably 
been in the hands of state and local decision-makers. Setting 
this process in motion for 15 years, without a clear mandate 
for Congressional review will only provide a vast avenue for 
federal intervention into issues that are are better resolved 
at the state of local level.
    While I wholeheartedly support natural resource 
conservation, including many of the programs embodied in this 
bill, I have significant concerns with certain budgetary and 
policy impacts of this legislation. Unless CARA is amended to 
address these concerns, I will continue to oppose the bill and 
will urge my colleagues to do the same.
                                                Pete V. Domenici.  

 MINORITY VIEWS OF SENATORS THOMAS, NICKLES, CRAIG, GORTON, BURNS, AND 
                                CAMPBELL

    During the month of July, the Committee held five business 
meetings to consider H.R. 701, the Conservation and 
Reinvestment Act. We have grave concerns about the overall 
goals of this legislation and the structure of the Murkowski-
Bingaman substitute amendment adopted by the Committee.
    By creating vast new entitlement programs, CARA has 
significant implications for the rest of the federal budget 
that we find unacceptable. We also take issue with several 
policies embodied in the legislation, most importantly the 
ceding of substantially increased powers in local land use 
decisions to the federal bureaucracy.
    The committee-passed version of the CARA legislation would 
create new entitlement programs that would cost taxpayers 
nearly $45 billion over the next 15 years. The CARA bill that 
passed the House would increase entitlement spending by $42 
billion over 15 years. Entitlement spending has been the 
fastest growing segment of the federal budget over the last 10 
years. As a proportion of total federal spending, entitlement 
spending grew from 45 percent in 1990 to 53 percent in 2000, 
and will continue to grow even under current law. The portion 
of discretionary spending deceased over the same period from 40 
percent in 1990 to 35 percent in 2000. New mandatory spending, 
without associated reductions in other entitlement programs, 
will only serve to make the task of controlling the cost of 
government more difficult.
    If this bill is enacted, there will be less money available 
for other critical programs such as education, national 
security, Social Security reform, and prescription drug 
benefits. The entitlement programs contained in CARA should not 
take precedence over our children's future and security, our 
seniors' retirement or paying down the public debt. Neither 
should they take automatic precedence over programs directly 
related to the purposes of this legislation, such as the 
existing operation and maintenance needs of our vast public 
land holdings or functions such as wild-land fire preparedness.
    We have serious reservations about several policies 
embodied in this bill. Even with the Murkowski-Bingaman 
language that would ostensibly subject federal land acquisition 
funding to annual authorization and appropriation--we would 
argue that a greater injustice is committed by linking the 
appropriation of $450 million in federal land acquisitions to 
the expenditure of more than $2.5 billion in additional 
entitlement spending. By establishing this convoluted trigger, 
the proponents of the Murkowski-Bingaman bill have created an 
artificial environment in which appropriations for federal land 
acquisitions will be considered each and every year for the 
next 15 years. Rather than consider the value and justification 
of each proposed federal land acquisition, some in Congress 
will be inspired to meet the mark of spending $450 million on 
federal land acquisitions simply to trigger $2.5 billion in 
other entitlement spending. Others in Congress may be 
conversely motivated to avoid full funding of federal land 
acquisitions due to this inappropriate and artificial link to 
other entitlements.
    Although we are not opposed to the government acquiring 
inholdings and other properties with special value, the 
Murkowski-Bingaman version of CARA sets the dangerous precedent 
of linking a certain level of discretionary spending to the 
automatic expenditure of billions more in entitlements. 
Unfortunately, the House-passed version of CARA, which simply 
creates an off-budget entitlement for federal land 
acquisitions, coastal impact payments, and other programs, is 
equally objectionable. But trying to disguise an even larger 
entitlement program in the Murkowski-Bingaman bill behind 
annual authorizations and appropriations for federal land 
acquisition does not injustice to the integrity of the larger 
annual budget process. Congress deserves the opportunity to 
weigh, each and every year, the merits of the proposed land 
acquisitions without the albatross of $2.5 billion in unrelated 
programs impacting this process.
    Either way, CARA amounts to entitlement spending for 
federal land acquisition, which we believe threatens the income 
base of state and local governments and the rights of 
individual property owners throughout the nation. Although the 
bills include funding for increased Payments in Lieu of Taxes 
(PILT), this program does not and cannot take the place of all 
lost tax revenue and economic development.
    Further, there will be no incentive to dispose of land 
already eligible for removal from federal ownership. This lack 
of balance will only compound the current situation within the 
federal land management agencies, where the backlog of 
operations and maintenance needs for existing lands and 
facilities is already staggering.
    Current figures show backlogs in maintenance projects as 
follows: the Bureau of Indian Affairs, $5.9 billion; the 
National Park Service, $5.4 billion; and the Forest Service 
$8.9 billion. With total maintenance backlogs of $20.8 billion 
for all the land management agencies, it is clear that the 
federal government is struggling to take care of the land and 
facilities it already owns. Under these circumstances, why 
should we create an entitlement that would require an 
additional $900 million a year be spent on land acquisition? 
Furthermore, why should the other conservation programs 
contained in CARA take priority over every other program in the 
federal budget?
    In almost every state, officials and concerned citizens are 
saying it is time to address existing public lands' needs 
before we swell the size of the federal government. The federal 
land management agencies continue to lock up public lands 
throughout the West and restrict access to these areas for 
multiple-use purposes. This pattern creates great hardship for 
local communities, destroying jobs, and depressing the economy 
in many rural areas around the West. Even with the language 
that would place constraints on this spending, federal land 
acquisition will occur at a faster pace than it does currently. 
Since 50 percent of the West is already owned by the 
government, we are concerned about adding more federally owned 
land to our states that might be restricted for specific uses.
    Finally, we must dispel the fanciful notion that this 
legislation will actually amount to additional spending above 
and beyond what is normally spent on natural resource programs 
in the Interior appropriations bill. As currently written, the 
$2.5 billion in entitlement spending authorized in this bill be 
scored against the Interior appropriations allocation. There is 
no guarantee that there will be an additional $2.5 billion to 
add to the Interior allocation each and every year for the next 
15 years, as is assumed by the proponents for this legislation. 
As a result, passage of this legislation implies that Congress 
has decided, for the next 15 years, that grant programs 
targeted for state and local governments, most of which are 
running significant surpluses, are more important that the 
construction of Indian schools, national park maintenance, or 
fire preparedness and prevention in our national forests and 
rangelands.
    While we wholeheartedly support natural resource 
conservation, including many of the programs that would be 
funded under CARA, we have significant concerns with certain 
policy and budgetary impacts of this legislation. Until our 
concerns have been addressed, we will not be able to accept any 
time agreement should this legislation be brought before the 
full Senate, as we would require time to debate fully a 
substantial number of amendments.

                                   Craig Thomas.
                                   Don Nickles.
                                   Larry E. Craig.
                                   Slade Gorton.
                                   Conrad Burns.
                                   Ben Nighthorse Campbell.

                        Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
the Act H.R. 701, as ordered reported, are shown as follows 
(existing law proposed to be omitted is enclosed in black 
brackets, new matter is printed in italic, existing law in 
which no change is proposed is shown in roman):

                   Outer Continental Shelf Lands Act

           The Act of August 7, 1953, Chapter 345, as amended

SEC. 2. DEFINITIONS.

    When used in this Act--

           *       *       *       *       *       *       *

    (r) The term ``coastal population'' means the population of 
all political subdivisions, as determined by the most recent 
official data of the Census Bureau, contained in whole or in 
part within the designated coastal boundary of a State as 
defined in a State's coastal zone management program under the 
Coastal Zone Management Act (16 U.S.C. 1451 et seq.).
    (s) The term ``Coastal States'' has the same meaning as 
provided by subsection 304(4) of the Coastal Zone Management 
Act (16 U.S.C. 1453(4)).
    (t) The term ``coastline'' has the same meaning as the term 
``coast line'' as defined in subsection 2(c) of the Submerged 
Lands Act (43 U.S.C. 1301(c)).
    (u) The term ``leased tract'' means a tract maintained 
under section 6 or leased under section 8 for the purpose of 
drilling for, developing, and producing oil and natural gas 
resources.
    (v) The term ``qualified Outer Continental Shelf revenues'' 
means all amounts 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 this Act, 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 royalties 
taken in kind and sold), net profit share payments, and related 
late payment interest. Such term does not include any revenues 
from a leased tract or portion of a leased tract that is 
included within any area of the Outer Continental Shelf where a 
moratorium on new leasing was in effect as of January 1, 2000, 
unless the lease was issued prior to the establishment of the 
moratorium and was in production on January 1, 2000.

           *       *       *       *       *       *       *


 SEC. 31. COASTAL IMPACT ASSISTANCE.

    (a) Definitions.--When used in this section--
          (1) The term ``coastal political subdivision'' means 
        a county, parish, or any equivalent subdivision of a 
        Producing Coastal State which subdivision lies within 
        the coastal zone (as defined in section 304(1) of the 
        Coastal Zone Management Act (16 U.S.C. 1453(1)) and 
        within a distance of 200 miles from the geographic 
        center of any leased tract.
          (2) The term ``distance'' means minimum great circle 
        distance, measured in statute miles.
          (3) The term ``Producing Coastal State'' means a 
        Coastal State with a coastal seaward boundary within 
        200 miles from the geographic center of a leased tract 
        other than a leased tract within any area of the Outer 
        Continental Shelf where a moratorium on new leasing was 
        in effect as of January 1, 2000, unless the lease was 
        issued prior to the establishment of the moratorium and 
        was in production on January 1, 2000.
    (b) Funding.--Amounts transferred to the Secretary under 
section 2(b)(1) of theConservation and Reinvestment Act in a 
fiscal year shall be available for obligation and expenditure for the 
purposes of this section, without further appropriation and without 
fiscal year limitation.
    (c) Impact Assistance Payments to States and Political 
Subdivisions.--Notwithstanding section 9, the Secretary shall 
make payments from the amounts available under this section to 
Producing Coastal States with an approved Coastal Impact 
Assistance Plan, and to coastal political subdivisions as 
follows:
          (1) Allocations to producing coastal states.--In each 
        fiscal year, each Producing Coastal State's allocable 
        share shall be equal to the sum of the following:
                  (A) $245,000,000 equally divided among all 
                Producing Coastal States;
                  (B) $185,000,000 divided among Producing 
                Coastal States based on Outer Continental Shelf 
                production.
          (2) Calculation.--The amount for each Producing 
        Coastal State under paragraph (1)(B) shall be 
        calculated based on the ratio of qualified OCS revenues 
        generated off the coastline of the Producing Coastal 
        State to the qualified OCS revenues generated off the 
        coastlines of all Producing Coastal States, for the 
        preceding five-year period and recalculated each fifth 
        year thereafter. Where there is more than one Producing 
        Coastal State within 200 miles of a leased tract, the 
        amount of each Producing Coastal State's payment under 
        paragraph (1)(B) for such leased tract 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. A leased 
        tract or portion of a leased tract shall be excluded if 
        the tract or portion is located in a geographic area 
        where a moratorium on new leasing was in effect on 
        January 1, 2000, unless the lease was issued prior to 
        the establishment of the moratorium and was in 
        production on January 1, 2000.
          (3) Payments to coastal political subdivisions.--
        Twenty percent of each Producing Coastal State's 
        allocable share as determined under paragraph (1) shall 
        be paid directly to the coastal political subdivisions 
        by the Secretary based on the following formula:
                  (A) 25 percent shall be allocated based on 
                the ratio of such coastal political 
                subdivision's coastal population to the coastal 
                population of all coastal political 
                subdivisions in the Producing Coastal State; 
                except that for those coastal political 
                subdivisions in the State of Louisiana without 
                a coastline, the coastline for purposes of this 
                element of the formula shall be the average 
                length of the coastline of the remaining 
                coastal subdivisions in the state.
                  (B) 25 percent shall be allocated based on 
                the ratio of such coastal political 
                subdivision's coastline miles to the coastline 
                miles of all coastal political subdivisions in 
                the Producing Coastal State.
                  (C) 50 percent shall be allocated based on 
                the relative distance of such coastal political 
                subdivision from any leased tract used to 
                calculate the Producing Coastal State's 
                allocation using ratios that are inversely 
                proportional to the distance between the point 
                in the coastal political subdivision closest to 
                the geographic center of each leased tract or 
                portion, as determined by the Secretary; except 
                that in the State of Louisiana the funds for 
                this element of the formula shall be divided 
                equally among all coastal political 
                subdivisions. For purposes of the calculations 
                under this subparagraph, a leased tract or 
                portion of a leased tract shall be excluded if 
                the leased tractor portion is located in a 
                geographic area where a moratorium on new 
                leasing was in effect on January 1, 2000, 
                unless the lease was issued prior the 
                establishment of the moratorium and was in 
                production on January 1, 2000.
          (4) Failure to have plan approved.--Any amount 
        allocated to a Producing Coastal State or coastal 
        political subdivision but not disbursed because of a 
        failure to have an approved Coastal Impact Assistance 
        Plan under this section shall be allocated equally by 
        the Secretary among all other Producing Coastal States 
        in a manner consistent with this subsection except that 
        the Secretary shall hold in escrow such amount until 
        the final resolution of any appeal regarding the 
        disapproval of a plan submitted under this section. The 
        Secretary may waive the provisions of this paragraph 
        and hold a Producing Coastal State's allocable share in 
        escrow if the Secretary determines that such State is 
        making a good faith effort to develop and submit, or 
        update, a Coastal Impact Assistance Plan.
    (d) Coastal Impact Assistant Plan.--
          (1) Development and submission of state plans.--The 
        Governor of each Producing Coastal State shall prepare, 
        and submit to the Secretary, a Coastal Impact 
        Assistance Plan which shall incorporate the plans of 
        coastal political subdivisions, and may also 
        incorporate the Statewide Coastal Conservation Plan 
        required under section 32 of this Act. The Governor 
        shall solicit local input and shall provide for public 
        participation in the development of the plan. The plan 
        shall be submitted to the Secretary by July 1, 2001 and 
        updated at least once every 5 years thereafter. Amounts 
        received by Producing Coastal States and coastal 
        political subdivisions may be used only for the 
        purposes specified in the Producing Coastal State's 
        Coastal Impact Assistance Plan.
          (2) Approval.--The Secretary shall approve a plan 
        under paragraph (1) prior to disbursement of amounts 
        under this section. The Secretary shall approve the 
        plan if the Secretary determines that the plan is 
        consistent with the uses set forth in subsection (e) 
        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 section.
                  (B) A program for the implementation of the 
                plan which describes how the amounts provided 
                under this section will be used.
                  (C) A description of how coastal political 
                subdivisions will use amounts provided under 
                this section, including a certification by the 
                Governor that such uses are consistent with the 
                requirements of this section.
                  (D) Certification by the Governor that ample 
                opportunity has been accorded for public 
                participation in the development and revision 
                of the plan.
                  (E) Measures for taking into account other 
                relevant Federal resources and programs.
          (3) Procedure.--The Secretary shall approve or 
        disapprove each plan or amendment within 90 days of its 
        submission.
          (4) Amendment.--Any amendment to the plan shall be 
        prepared inaccordance with the requirements of this 
subsection and shall be submitted to the Secretary for approval or 
disapproval.
    (e) Authorized Uses.--Producing Coastal States and coastal 
political subdivisions shall use amounts provided under this 
section, including any such amounts deposited in a State or 
coastal political subdivision administered trust fund dedicated 
to uses consistent with this subsection, in compliance with 
Federal and State law and only for one or more of the following 
purposes:
          (1) uses authorized under subsection 32(c) of this 
        Act relating to coastal stewardship;
          (2) projects and activities for the conservation, 
        protection or restoration of wetlands;
          (3) mitigating damage to fish, wildlife or natural 
        resources, including such activities authorized under 
        subtitle B of title IV of the Oil Pollution Act of 1990 
        (33 U.S.C. 1321(c), (d));
          (4) planning assistance and administrative costs of 
        complying with the provisions of this section;
          (5) implementation of Federally approved marine, 
        coastal, or comprehensive conservation management 
        plans; and
          (6) mitigating impacts of Outer Continental Shelf 
        activities through funding of onshore infrastructure 
        and public service needs: Provided, That funds made 
        available under this paragraph shall not exceed 23 
        percent of the funds provided under this section.
    (f) Compliance With Authorized Uses.--If the Secretary 
determines that any expenditure made by a Producing Coastal 
State or coastal political subdivision is not consistent with 
the uses authorized in subsection (e), the Secretary shall not 
disburse any further amounts under this section to that 
Producing Coastal State or coastal political subdivision until 
the amounts used for the inconsistent expenditure have been 
repaid or obligated for authorized uses.

SEC. 32. OCEAN AND COASTAL CONSERVATION.

    (a) Funding.--Amounts transferred to the Secretary of 
Commerce under section 2(b)(2) of the Conservation and 
Reinvestment Act in a fiscal year shall be available for 
obligation and expenditure for the purpose of this section, 
without further appropriation and without fiscal year 
limitation.
    (b) Allocation of Funds.--Notwithstanding section 9, the 
Secretary of Commerce shall allocate amounts available under 
this section as follows:
          (1) for uses identified in subsection (c), 
        $250,000,000; and
          (2) for uses identified in subsection (d), 
        $100,000,000.
    (c) Coastal Stewardship.--
          (1) Allocation to coastal states.--The Secretary of 
        Commerce shall allocate among all Coastal States with 
        an approved Statewide Coastal Conservation Plan, the 
        amounts available under subsection (b)(1) as follows:
                  (A) 25 percent shall be allocated based on 
                the ratio of the Coastal State's coastal 
                population to the coastal population of all 
                Coastal States;
                  (B) 25 percent shall be allocated based on 
                the ratio of the Coastal State's coastline 
                miles to the coastline miles of all Coastal 
                States; and
                  (C) 50 percent shall be equally divided among 
                all Coastal States.
          (2) Failure to have plan approved.--Any amount 
        allocated to a Coastal State but not disbursed because 
        of a failure to have an approved Statewide Coastal 
        Conservation Plan under this subsection shall be 
        allocated among all other Coastal States in a manner 
        consistent with paragraph (1), except that the 
        Secretary of Commerce shall hold in escrow such amount 
        until the final resolution of any appeal regarding the 
        disapproval of a plan submitted under this subsection. 
        The Secretary of Commerce may waive the provisions of 
        this paragraph and hold a Coastal State's allocable 
        share in escrow if the Secretary of Commerce determines 
        that such State is making a good faith effort to 
        develop and submit, or update, a Statewide Coastal 
        Conservation Plan.
          (3) Development and submission of state plans.--(A) 
        The Governor of each Coastal State shall prepare, and 
        submit to the Secretary of Commerce, a Statewide 
        Coastal Conservation Plan. The Governor shall solicit 
        local input and shall provide for public participation 
        in the development of the Plan. The Plan shall be 
        submitted to the Secretary of Commerce by July 1, 2001, 
        and updated at least once every 5 years thereafter. 
        Each Plan shall consider ways to use amounts received 
        under this subsection to assist local governments, non-
        profit organizations, or public institutions with 
        activities or programs consistent with this subsection. 
        Amounts received by Coastal States may be used only for 
        the purposes specified in the Statewide Coastal 
        Conservation Plan.
          (B) Approval.--The Secretary of Commerce shall 
        approve a Statewide Coastal Conservation Plan under 
        subparagraph (A) prior to disbursement of amounts under 
        this section. The Secretary of Commerce shall approve 
        the Plan if the Secretary of Commerce determines that 
        the Plan is consistent with the uses set forth in 
        paragraph (4) and if the Plan contains each of the 
        following:
                  (i) The name of the State agency that will 
                have the authority to represent and act for the 
                State in dealing with the Secretary of Commerce 
                for purposes of this subsection;
                  (ii) A program for the implementation of the 
                Plan which describes how amounts will be used 
                to protect and manage the State's coastal, 
                estuarine, and marine resources in accordance 
                with the requirements of this subsection;
                  (iii) Certification by the Governor that 
                ample opportunity has been accorded for public 
                participation in the development and revision 
                of the Plan; and
                  (iv) Measures for taking into account other 
                relevant Federal resources and programs.
          (C) Procedure.--The Secretary shall approve or 
        disapprove each plan or amendment within 90 days of its 
        submission.
          (D) Amendment.--Any amendment to the plan shall be 
        prepared in accordance with the requirements of this 
        paragraph and shall be submitted to the Secretary of 
        Commerce for approval or disapproval.
          (4) Authorized uses.--Coastal States shall use 
        amounts provided under this subsection in compliance 
        with Federal and State law and only for one or more of 
        the following purposes--
                  (A) activities which support and are 
                consistent with the Coastal Zone Management Act, 
        including National Estuarine Research Reserve programs, the 
        National Marine Sanctuaries Act, the Magnuson-Stevens Fishery 
        Conservation and Management Act, or the National Estuaries 
        program;
                  (B) conservation, restoration, enhancement or 
                protection of coastal or marine habitats 
                including wetlands, estuaries, coastal barrier 
                islands, coastal fishery resources and coral 
                reefs, including projects to remove abandoned 
                vessels or marine debris that may adversely 
                affect coastal habitats;
                  (C) protection, restoration and enhancement 
                of coastal water quality consistent with the 
                provisions of the Coastal Zone Management Act 
                (16 U.S.C. 1451 et seq.), including the 
                reduction or monitoring of coastal polluted 
                runoff or other coastal contaminants;
                  (D) addressing watershed protection or other 
                coastal or marine conservation needs which 
                cross jurisdictional boundaries;
                  (E) assessment, research, mapping and 
                monitoring of coastal or marine resources and 
                habitats, including, where appropriate, the 
                establishment and monitoring of marine 
                protected areas;
                  (F) addressing coastal conservation needs 
                associated with seasonal or otherwise transient 
                fluctuations in coastal populations;
                  (G) protection and restoration of natural 
                coastline protective features, including 
                control of coastline erosion;
                  (H) identification, prevention and control of 
                invasive exotic and harmful non-indigenous 
                species;
                  (I) assistance to local communities to 
                assess, plan for and manage the impacts of 
                growth and development on coastal or marine 
                habitats and natural resources, including 
                coastal community fishery assistance programs 
                that encourage participation in sustainable 
                fisheries; and
                  (J) projects that promote research, 
                education, training and advisory services in 
                fields related to coastal and Great Lakes 
                living marine resource use and management.
          (5) Compliance with authorized uses.--If the 
        Secretary determines that any expenditure made by a 
        Coastal State is not consistent with the uses 
        authorized in paragraph (4), the Secretary shall not 
        disburse any further amounts under this subsection to 
        that Coastal State until the amounts used for such 
        expenditure have been repaid or obligated for 
        authorized uses.
    (d) Cooperative Fisheries Enforcement and Research and 
Management.--The amounts made available under subsection (b)(2) 
shall be allocated by the Secretary of Commerce for the 
following purposes, with not less than 25 percent used for 
Cooperative Enforcement Agreements under paragraph (2):
          (1) Technical and administrative expenses.--Up to 
        five percent for such amounts may be used by the 
        Secretary of Commerce to provide technical assistance 
        to a State and cover administrative costs associated 
        with this subsection.
          (2) Cooperative enforcement uses.--(A) The Governor 
        of Hawaii, a territory, or a State represented on an 
        Interstate Marine Fisheries Commission may apply to the 
        Secretary of Commerce for execution of a cooperative 
        enforcement agreement with the Secretary of Commerce. 
        Cooperative agreements between the Secretary of 
        Commerce and such States shall authorize the 
        deputization of State law enforcement officers with 
        marine law enforcement responsibilities to perform 
        duties of the Secretary of Commerce relating to any law 
        enforcement provision of any marine resource laws 
        enforced by the Secretary of Commerce. Such cooperative 
        enforcement agreements shall be consistent with the 
        purposes and intent of section 311(a) of the Magnuson-
        Stevens Fishery Conservation and Management Act (16 
        U.S.C. 1861(a)), to the extent applicable to the 
        regulated activities.
          (B) Upon receiving an application meeting the 
        requirements of this subsection, the Secretary of 
        Commerce shall enter into the cooperative enforcement 
        agreement with the requesting State. The Secretary of 
        Commerce shall include in each cooperative enforcement 
        agreement an allocation of funds to assist in 
        management of the agreement. The allocation shall be 
        distributed among all States participating in 
        cooperative enforcement agreements under this paragraph 
        based upon consideration of the specific marine 
        conservation enforcement needs of each participating 
        State.
          (3) Cooperative research and management uses.--(A) 
        The Governor of Hawaii, a territory, or any State 
        represented on an Interstate Marine Fisheries 
        Commission may apply to the Secretary of Commerce for 
        the execution of a research and management agreement, 
        on a sole source basis, for the purpose of undertaking 
        eligible projects required for the effective management 
        of living marine resources of the United States. Upon 
        determining that the application meets the requirements 
        of this subsection, the Secretary of Commerce shall 
        enter into such agreement.
          (B) The Secretary of Commerce shall allocate to 
        States participating in a research and management 
        agreement under this subsection funds to assist in 
        implementing the agreement.
          (C) For purposes of this subsection, eligible 
        projects are those which address critical needs 
        identified in fishery management reports or plans 
        developed and approved by a State, Marine Fisheries 
        Commission, Regional Fishery Management Council, or 
        other regional or tribal entity, charged with 
        management and conservation of living marine resources, 
        and that pertain to--
                  (i) the collection and analysis of fishery 
                data and information, including data on 
                landings, fishing effort, biology, habitat, 
                economics and social changes, including those 
                information needs identified pursuant to 
                section 401 of the Magnuson-Stevens Fishery 
                Conservation and Management Act (16 U.S.C. 
                1881); or
                  (ii) the development of measures to promote 
                innovative or cooperative management of 
                fisheries.
          (D) In making funds available under this paragraph, 
        the Secretary of Commerce shall give priority to 
        eligible projects that meet the following criteria:
                  (i) establishment of observer programs;
                  (ii) cooperative research projects developed 
                among States, academic institutions, and the 
                fishing industry, to obtain data or other 
                information necessary to meet national or 
                regional management priorities;
                  (iii) projects to reduce harvesting capacity 
                performed in a manner consistent with section 
                312(b) of the Magnuson-Stevens Fishery and 
                Conservation Act (16 U.S.C. 1862(b));
                  (iv) projects designed to identify ecosystem 
                impacts of fishing, including the relationship 
                between fishing harvest and marine mammal 
                population abundance;
                  (v) projects to develop sustainable 
                experimental fisheries and fishery harvest 
                techniques and fishing gear that provide 
                conservation benefits, including reduction of 
                fishing bycatch;
                  (vi) projects to develop sustainable 
                aquaculture; or
                  (vii) projects for the identification, 
                conservation, restoration or enhancement of 
                coastal fishery resources and habitats.
          (4) Commerce procedures.--Within 90 days after the 
        enactment of the Conservation and Reinvestment Act, the 
        Secretary of Commerce shall adopt procedures necessary 
        to implement this subsection.
          (5) Congressional approval.--The President shall 
        include in, as part of the annual budget proposal, a 
        priority list of allocations to Coastal States under 
        this subsection. Amounts shall be made available under 
        section 2(b)(2) of the Conservation and Reinvestment 
        Act 15 days after the sine die adjournment of the 
        Congress each year, without further appropriation, for 
        the projects identified on the priority list, unless 
        prior to such date, legislation is enacted establishing 
        a different priority list. If Congress enacts 
        legislation establishing an alternate priority list, 
        and such priority list funds less than the annual 
        authorized funding amount identified in this 
        subsection, the difference between the authorized 
        funding amount and the alternate priority list shall be 
        available for expenditure, without further 
        appropriation, in accordance with the priority list 
        submitted by the President.
                              ----------                              


              Land and Water Conservation Fund Act of 1965


Public Law 88-578 (Sept. 3, 1964), as Amended

           *       *       *       *       *       *       *



                certain revenues placed in separate fund

    Sec. 2. Separate Fund.--During the period ending September 
30, 2015, there shall be covered into the land and water 
conservation fund in the Treasury of the United States, which 
fund is hereby established and is hereinafter referred to as 
the ``fund'', the following revenues and collections:
    (a) Surplus Property Sales.--All proceeds (except so much 
thereof as may be otherwise obligated, credited, or paid under 
authority of those provisions of law set forth in section 
485(b)(e), title 40, United States Code, or the Independent 
Offices Appropriation Act, 1963 (76 Stat. 725) or in any later 
appropriation Act) hereafter received from any disposal of 
surplus real property and related personal property under the 
Federal Property and Administrative Services Act of 1949, as 
amended, notwithstanding any provision of law that such 
proceeds shall be credited to miscellaneous receipts of the 
Treasury. Nothing in this Act shall affect existing laws or 
regulations concerning disposal of real or personal surplus 
property to schools, hospitals, and States and their political 
subdivisions.
    (b) Motorboat Fuels Tax.--The amounts provided for in 
section 201 of this Act.
    [(c)(1) Other Revenues.--In addition to the sum of the 
revenues and collections estimated by the Secretary of the 
Interior to be covered into the fund pursuant to this section, 
as amended, there are authorized to be appropriated annually to 
the fund out of any money in the Treasury not otherwise 
appropriated such amounts as are necessary to make the income 
of the fund not less than $300,000,000 for fiscal year 1977, 
and $900,000,000 for fiscal year 1978 and for each fiscal year 
thereafter through September 30, 2015.
    [(2) To the extent that any such sums so appropriated are 
not sufficient to make the total annual income of the fund 
equivalent to the amounts provided in clause (1), an amount 
sufficient to cover the remainder thereof shall be credited to 
the fund from revenues due and payable to the United States for 
deposit in the Treasury as miscellaneous receipts under the 
Outer Continental Shelf Lands Act, as amended (43 U.S.C. 1331 
et seq.): Provided, That notwithstanding the provisions of 
section 3 of this Act, moneys covered into the fund under this 
paragraph shall remain in the fund until appropriated by the 
Congress to carry out the purpose of this Act.]
    (c) 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 deposited into the fund all amounts transferred 
to the fund under section 2(b)(4) of the Conservation and 
Reinvestment Act. Such amounts shall only be used to carry out 
the purposes of this Act.
    Sec. 3. Appropriations.--[Moneys covered into the fund 
shall be available for expenditure for the purposes of this Act 
only when appropriated therefor. Such appropriations may be 
made without fiscal-year limitation. Moneys made 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.] Of amounts in the fund, 
$900,000,000 shall be available each fiscal year for obligation 
and expenditure in accordance with section 5 of this Act, 
without further appropriation and without fiscal year 
limitation. Other moneys in the fund shall be available for 
expenditure only when appropriated therefor. Such 
appropriations may be made without fiscal year limitation.

           *       *       *       *       *       *       *

    Sec. 5. Allocation.--[There shall be submitted with the 
annual budget of the United States a comprehensive statement of 
estimated requirements during the ensuing fiscal year for 
appropriations from the fund. Not less than 40 per centum of 
such appropriations shall be available for Federal purposes. 
Those appropriations from the fund up to and including 
$600,000,000 in fiscal year 1978 and up to and including 
$750,000,000 in fiscal year 1979 shall continue to be allocated 
in accordance with this section. There shall be credited to a 
special account within the fund $300,000,000 in fiscal year 
1978 and $150,000,000 in fiscal year 1979 from the amounts 
authorized by section 2 of this Act. Amounts credited to this 
account shall remain in the account until appropriated. 
Appropriations from the special account shall be available only 
with respect to areas existing and authorizations enacted prior 
to the convening of the Ninety-fifty Congress, for acquisition 
of lands, waters, or interests in lands or waters within the 
exterior boundaries, as aforesaid, of--
          [(1) the National Park System;
          [(2) national scenic trails;
          [(3) the National Wilderness Preservation System;
          [(4) federally administered components of the 
        National Wild and Scenic Rivers System; and
          [(5) national recreation areas administered by the 
        Secretary of Agriculture.] Of the amounts made 
        available each fiscal year, fifty percent of the funds 
        shall be used for Federal land acquisition purposes as 
        provided in section 7 of this Act and fifty percent 
        shall be used for financial assistance to States as 
        provided in section 6 of this Act.
    Sec. 6. General Authority; Purposes.--(a) The Secretary of 
the Interior (hereinafter referred to as the ``Secretary'') is 
authorized to provide financial assistance to the States from 
moneys available for State purposes. Payments may be made to 
the States by the Secretary as hereafter provided, subject to 
such terms and conditions as he considers appropriate and in 
the public interest to carry out the purposes of this Act, for 
outdoor recreation: (1) planning, (2) acquisition of land, 
waters, or interests in land or waters, or [(3) development.] 
(3) development, including facility rehabilitation.
    [(b) Apportionment Among States; Notification.--Sums 
appropriated and available for State purposes for each fiscal 
year shall be apportioned among the several States by the 
Secretary, whose determination shall be final, in accordance 
with the following formula:
          [(1) Forty per centum of the first $225,000,000; 
        thirty per centum of the next $275,000,000; and twenty 
        per centum of all additional appropriations shall be 
        apportioned equally among the several States; and\1\
          [(2) At any time, the remaining appropriation shall 
        be apportioned on the basis of need to individual 
        States by the Secretary in such amounts as in his 
        judgment will best accomplish the purposes of this Act. 
        The determination of need shall include among other 
        things a consideration of the proportion which the 
        population of each State bears to the total population 
        of the United States and of the use of outdoor 
        recreation resources of individual States by persons 
        from outside the State as well as a consideration of 
        the Federal resources and programs in the particular 
        States.
          [(3) The total allocation to an individual State 
        under paragraphs (1) and (2) of this subsection shall 
        not exceed 10 per centum of the total amount allocated 
        to the several States in any one year.
          [(4) The Secretary shall notify each State of its 
        apportionments; and the amounts thereof shall be 
        available thereafter for payment to such State for 
        planning, acquisition, or development projects as 
        hereafter prescribed. Any amount of any apportionment 
        that has not been paid or obligated by the Secretary 
        during the fiscal year in which such notification is 
        given and for two fiscal years thereafter shall be 
        reapportioned by the Secretary in accordance with 
        paragraph (2) of this subsection, without regard to the 
        10 per centum limitation to an individual State 
        specified in this subsection.
          [(5) For the purposes of paragraph (1) of this 
        subsection, the District of Columbia, Puerto Rico, the 
        Virgin Islands, Guam, American Samoa, and the 
        Commonwealth of the Northern Mariana Islands (when such 
        islands achieve Commonwealth status) shall be treated 
        collectively as one State, and shall receive shares of 
        such apportionment in proportion to their populations. 
        The above listed areas shall be treated as States for 
        all other purposes of this title.]
    (b) Apportionment Among States.--(1) Not more than 4 
percent of the amounts made available for financial assistance 
to States each fiscal year may be deducted by the Secretary for 
expenses in the administration of this section. Such amount is 
authorized to be made available therefor until the expiration 
of the next succeeding fiscal year. Within 60 days after the 
close of such fiscal year, the Secretary shall apportion any 
unexpended amounts, in a manner consistent with this 
subsection.
          (2) The Secretary, after making the deduction under 
        paragraph (1), shall apportion the remaining amounts as 
        follows:
                  (A) Sixty percent shall be apportioned 
                equally among the several States; and
                  (B) Forty percent shall be apportioned on the 
                basis of the ratio which the population of each 
                State bears to the total population of the 
                United States.
          (3) The total apportionment to an individual State 
        under paragraph (2) shall not exceed 10 percent of the 
        total amount made available for financial assistance to 
        the States in any one year.
          (4) The Secretary shall notify each State of its 
        apportionment, and the amount thereof shall be 
        available thereafter to such State for planning, 
        acquisition, or development projects as hereafter 
        described. Any amount of any apportionment that has not 
        been paid or obligated by the Secretary during the 
        fiscal year in which such notification is given and for 
        two fiscal years thereafter shall be reapportioned by 
        the Secretary in accordance with paragraph (2).
          (5)(A) For the purposes of paragraph (2)--
                  (i) the District of Columbia shall be treated 
                as a State; and
                  (ii) Puerto Rico, the Virgin Islands, Guam, 
                American Samoa and the Commonwealth of the 
                Northern Mariana Islands shall be treated 
                collectively as one State and shall receive 
                shares of such apportionment in proportion to 
                their populations.
          (B) Each of the areas referred to in subparagraph (A) 
        shall be treated as a State for all other purposes of 
        this Act.
          (6)(A) For the purposes of paragraph (2) of this 
        subsection, all Federally recognized Indian tribes or, 
        in the case of Alaska, Native Corporations (as defined 
        in section 3 of the Alaska Native Claims Settlement Act 
        (43 U.S.C. 1602)) shall be treated collectively as one 
        State and be eligible to receive shares of 
        apportionment in accordance with a competitive grant 
        program established by the Secretary.
          (B) No single tribe or Alaska Native Corporation 
        shall receive more than 10 percent of the total amount 
        made available under this paragraph.
          (C) Funds received by a tribe or Alaska Native 
        Corporation under this paragraph may be expended only 
        for the purposes specified in paragraphs (1) and (3) of 
        subsection (a).
          (7) Absent a 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 paragraphs (5) and (6) of this 
        subsection) shall make at least 25 percent of its 
        annual apportionment available as grants to local 
        governments within such State.
    (c) Matching Requirements.--Payments to any State shall 
cover not more than 50 per centum of the cost of planning, 
acquisition, or development projects that are undertaken by the 
State. The remaining share of the cost shall be borne by the 
State in a manner and with such funds or services as shall be 
satisfactory to the Secretary. No payment may be made to any 
State for or on account of any cost or obligation incurred or 
any service rendered prior to the date of approval of this Act.
    [(d) Comprehensive State Plan Required; Planning 
Projects.--A comprehensive statewide outdoor recreation plan 
shall be required prior to the consideration by the Secretary 
of financial assistance for acquisition or development 
projects. The plan shall be adequate if, in the judgment of the 
Secretary, it encompasses and will promote the purposes of this 
Act: Provided, That no plan shall be approved unless the 
Governor of the respective State certifies that ample 
opportunity for public participation in plan development and 
revision has been accorded. The Secretary shall develop, in 
consultation with others, criteria for public participation, 
which criteria shall constitute the basis for the certification 
by the Governor. The plan shall contain--
          [(1) the name of the State agency that will have 
        authority to represent and act for the State in dealing 
        with the Secretary for purposes of this Act;
          [(2) an evaluation of the demand for and supply of 
        outdoor recreation resources and facilities in the 
        State;
          [(3) a program for the implementation of the plan; 
        and
          [(4) other necessary information, as may be 
        determined by the Secretary.
The plan shall take into account relevant Federal resources and 
programs and shall be correlated so far as practicable with 
other State, regional, and local plans. Where there exists or 
is in preparation for any particular State a comprehensive plan 
financed in part with funds supplied by the Housing and Home 
Finance Agency, any statewide outdoor recreation plan prepared 
for purposes ofthis Act shall be based upon the same 
population, growth, and other pertinent factors as are used in 
formulating the Housing and Home Finance Agency financed plans.
    [The Secretary may provide financial assistance to any 
State for projects for the preparation of a comprehensive 
statewide outdoor recreation plan when such plan is not 
otherwise available or for the maintenance of such plan.
    [For fiscal year 1988 and thereafter each comprehensive 
statewide outdoor recreation plan shall specifically address 
wetlands within that State as an important outdoor recreation 
resource as a prerequisite to approval, except that a revised 
comprehensive statewide outdoor recreation plan shall not be 
required by the Secretary, if a State submits, and the 
Secretary, acting through the Director of the National Park 
Service, approves, as a part of and as an addendum to the 
existing comprehensive statewide outdoor recreation plan, a 
wetlands priority plan developed in consultation with the State 
agency with responsibility for fish and wildlife resources and 
consistent with the national wetlands priority conservation 
plan developed under section 301 of the Emergency Wetlands 
Resources Act or, if such national plan has not been completed, 
consistent with the provisions of that section.]
    (d) State Action Agenda.--
          (1) A State Action Agenda for Community Recreation 
        and Conservation (in this Act referred to as the 
        ``State Action Agenda'') shall be required prior to the 
        consideration by the Secretary of financial assistance 
        under this section. The State Action Agenda shall be 
        adequate if, in the judgment of the Secretary, it 
        encompasses and will promote the purposes of this Act.
          (2) Each State, in partnership with its local 
        governments and Federal agencies, shall develop a State 
        Action Agenda within 5 years after the date of 
        enactment of the Conservation and Reinvestment Act. 
        Each State may define its own priorities and criteria 
        for selection of outdoor recreation and conservation 
        acquisition and development projects eligible for 
        grants under this Act so long as it provides for public 
        involvement in this process. The State Action Agenda 
        shall be strategic, originating in broad-based and 
        long-term needs, but focused on actions that can be 
        funded over the next 5 years. A State Action Agenda 
        must be updated at least once every 5 years.
          (3) The State Action Agenda shall contain:
                  (A) the name of the State agency that will 
                have authority to represent and act for the 
                State in dealing with the Secretary for the 
                purposes of this Act;
                  (B) the priorities and criteria for selection 
                of outdoor recreation and conservation 
                acquisition and development projects; and
                  (C) certification by the Governor that the 
                agenda's conclusions and proposed actions 
                reflect an ample opportunity for public 
                participation.
          (4) State Action Agendas shall take into account all 
        providers of recreation and conservation 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 (16 U.S.C. 2506) 
        shall be used by a State as a guide to the conclusions, 
        priorities, and action schedules contained in State 
        Action Agenda. Each State shall assure that any 
        requirements for local outdoor recreation and 
        conservation planning, promulgated as conditions for 
        grants, minimize redundancy of local efforts by 
        allowing, wherever possible, use of the findings, 
        priorities, and implementation schedules of recovery 
        action programs to meet such requirements.
    (e) Projects for Land and Water Acquisition; Development.--
In addition to assistance for planning projects, the Secretary 
may provide financial assistance to any State for the following 
types of projects or combinations thereof if they are in 
accordance with the [State comprehensive plan] State Action 
Agenda:
          (1) Acquisition of land and water.--For the 
        acquisition of land, water, or interests in land or 
        waters, or wetland areas and interests therein as 
        identified in the wetlands provisions of the 
        [comprehensive plan] State Action Agenda (other than 
        land, waters, or interests in land or waters acquired 
        from the United States for less than fair market value) 
        [but not including incidental costs relating to 
        acquisition].
          Whenever a State provides that the owner of a single-
        family residence may, at his option, elect to retain a 
        right of use and occupancy for not less than six months 
        from the date of acquisition of such residence and such 
        owner elects to retain such a right, such owner shall 
        be deemed to have waived any benefits under sections 
        203, 204, 205, and 206 of the Uniform Relocation 
        Assistance and Real Property Acquisition Policies Act 
        of 1970 (84 Stat. 1984) and for the purposes of those 
        sections such owner shall not be considered a displaced 
        person as defined in section 101(6) of that Act.
          (2) Development.--For development of basic outdoor 
        recreation [facilities] facilities, or to enhance 
        public safety within a designated park or recreation 
        area to serve the general public, including the 
        development of Federal lands under lease to States for 
        terms of twenty-five years or more: Provided, That no 
        assistance shall be available under this Act to enclose 
        or shelter facilities normally used for outdoor 
        recreation activities, but the Secretary may permit 
        local funding, and after the date of enactment of this 
        proviso not to exceed 10 per centum of the total amount 
        allocated to a State in any one year to be used for 
        sheltered facilities for swimming pools and ice skating 
        rinks in areas where the Secretary determines that the 
        severity of climatic conditions and the increased 
        public use thereby made possible justifies the 
        construction of such facilities.
    (f) Requirements for Project Approval; Condition.--(1) 
Payments may be made to States by the Secretary only for those 
planning, acquisition, or development projects that are 
approved by him. No payment may be made by the Secretary for or 
on account of any project with respect to which financial 
assistance has been given or promised under any other Federal 
program or activity, and no financial assistance may be given 
under any other Federal program or activity for or on account 
of any project with respect to which such assistance has been 
given or promised under this Act. The Secretary may make 
payments from time to time in keeping with the rate of progress 
toward the satisfactory completion of individual projects: 
Provided, That the approval of all projects and all payments, 
or any commitments relating thereto, shall be withheld until 
the Secretary receives appropriate written assurance from the 
State that the State has the ability and intention to finance 
its share of the cost of the particular project, and to operate 
and maintain by acceptable standards, at State expense, the 
particular properties or facilities acquired or developed for 
public outdoor recreation use.
    (2) Payments for all projects shall be made by the 
Secretary to the Governor of the State or to a State official 
or agency designated by the Governor or by State law having 
authority and responsibility to accept and to administer funds 
paid hereunder for approved projects. If consistent with an 
approved project, funds may be transferred by the State to a 
political subdivision or other appropriate public agency.
    (3)(A) No property acquired or developed with assistance 
under this section shall, without the approval of the 
Secretary, be converted to other than public outdoor recreation 
uses. [The Secretary shall approve such conversion only if he 
finds it to be in accord with the then existing comprehensive 
statewide outdoor recreation plan and only upon such conditions 
as he deems necessary to assure the substitution of other 
recreation properties of at least equal fair market value and 
or reasonably equivalent usefulness and location: Provided, 
That wetland areas and interests therein as identified in the 
wetlands provisions of the comprehensive plan and proposed to 
be acquired as suitable replacement property within that same 
State that is otherwise acceptable to the Secretary, acting 
through the Director of the National Park Service, shall be 
considered to be of reasonably equivalent usefulness with the 
property proposed for conversion.]
    (B) With the exception of those properties that are no 
longer viable as an outdoor recreation and conservation 
facility due to changes in demographics or which must be 
abandoned because of environmental contamination of other 
condition that endangers public health and safety, the 
Secretary shall approve such conversion only if the State 
demonstrates no prudent or feasible alternative exists. Any 
conversion must satisfy such conditions as the Secretary deems 
necessary to assure the substitution of other recreation and 
conservation properties of at least equal fair market value and 
reasonably equivalent usefulness and location and which are 
consistent with the existing State Action Agenda.

           *       *       *       *       *       *       *

    Sec. 7. (a) [Moneys appropriated from the fund for Federal 
purposes shall, unless otherwise allotted in the appropriation 
Act making them available, be allotted by the President to the 
following purposes and subpurposes:] (1)(A) The President shall 
transmit, as part of the annual budget proposal, a priority 
list for Federal land acquisition projects that fully allocates 
the amount made available for Federal land acquisition projects 
for that fiscal year. The President shall require the Secretary 
of the Interior and the Secretary of Agriculture to develop 
priority lists for projects under each Secretary's 
jurisdiction. The Secretaries shall prepare the lists in 
consultation with the head of each affected bureau or agency, 
taking into account the best professional judgment regarding 
the land acquisition priorities and policies of each bureau or 
agency. In preparing the lists, the Secretaries shall consider 
whether land exchanges, consolidation of Federal land ownership 
within a State, or the acquisition ofconservation easements can 
be used with respect to proposed acquisitions. The Secretaries also 
shall consult with the Governors of the States and shall carefully 
consider any recommendations made by the Governor for any land 
acquisition within the State and any concerns on the acquisition of 
individual parcels.
    (B) The President shall also transmit the priority list to 
the Committee on Resources of the House of Representatives and 
the Committee on Energy and Natural Resources of the Senate 
together with a list of all expenditures made during the prior 
fiscal year and the specific statutory authorization for each 
proposed land acquisition on the priority list. The Committee 
on Energy and Natural Resources shall review the priority list 
and not later than May 1 of each year shall transmit to the 
Committee on Appropriations of the Senate a priority list for 
land acquisitions for the next fiscal year for lands that have 
been specifically authorized for acquisition by statute.
    (2) Amounts made available from the fund for Federal land 
acquisition projects shall be used for the following purposes 
and subpurposes:
    [(1)] (A) For the acquisition of land, waters, or interests 
in land or waters as follows:
          National park system; recreation areas.--Within the 
        exterior boundaries of areas of the National Park 
        System now or hereafter authorized or established and 
        of areas now or hereafter authorized to be administered 
        by the Secretary of the Interior for outdoor recreation 
        purposes.
          National forest system.--Inholdings within (a) 
        wilderness areas of the National Forest System, and (b) 
        other areas of national forests as the boundaries of 
        those forests exist on the effective date of this Act, 
        or purchase units approved by the National Forest 
        Reservation Commission subsequent to the date of this 
        Act, all of which other areas are primarily of value 
        for outdoor recreation purposes: Provided, That lands 
        outside of but adjacent to an existing national forest 
        boundary, not to exceed three thousand acres in the 
        case of any one forest, which would comprise an 
        integral part of a forest recreational management area 
        may, also be acquired with moneys appropriated from 
        this fund: Provided further, That except for areas 
        specifically authorized by Act of Congress, nor more 
        than 15 per centum of the acreage added to the National 
        Forest System pursuant to this section shall be west of 
        the 100th meridian.
          National wildlife refuge system.--Acquisition for (a) 
        endangered species and threatened species authorized 
        under section 5(a) of the Endangered Species Act of 
        1973; (b) areas authorized by section 2 of the Act of 
        September 28, 1962, as amended (16 U.S.C. 460k-1; (c) 
        national wildlife refuge areas under section 7(a)(5) of 
        the Fish and Wildlife Act of 1956 (16 U.S.C. 
        742f(a)(4)) and wetlands acquired under section 304 of 
        the Emergency Wetlands Resources Act of 1986; (d) and 
        areas authorized for the National Wildlife Refuge 
        System by specific Acts.
    [(2)] (B) For payment into miscellaneous receipts of the 
Treasury as a partial offset for those capital costs, if any, 
of Federal water development projects hereafter authorized to 
be constructed by or pursuant to an Act of Congress which are 
allocated to public recreation and the enhancement of fish and 
wildlife values and financed through appropriations to water 
resource agencies.
    [(3)] (C) Appropriations allotted for the acquisition of 
land, waters, or interests in land or waters as set forth under 
the headings ``National Park System; Recreational Areas'' and 
``National Forest System'' in paragraph (1) of this subsection 
shall be available therefor notwithstanding any statutory 
ceiling on such appropriations contained in any other provision 
of law enacted prior to the convening of the Ninety-fifth 
Congress or, in the case of national recreation areas, prior to 
the convening of the Ninety-sixth Congress; except that for any 
such area expenditures may not exceed a statutory ceiling 
during any one fiscal year by 10 per centum of such ceiling or 
$1,000,000, whichever is greater.
    [(b) Acquisition Restriction.--Appropriations from the 
funds pursuant to this section shall not be used for 
acquisition unless such acquisition is otherwise authorized by 
law. Provided, however, That appropriations from the fund may 
be used for preacquisiton work in instances where authorization 
is imminent and where substantial monetary savings could be 
realized.]
    (b) Acquisition Restrictions.--(1) Limitation on 
Expenditure.--No money shall be obligated or expended for 
Federal land acquisition purposes under this section unless 
approved in an Act making appropriations.
    (2) Authorization Requirement.--Appropriations from the 
funds pursuant to this section shall not be used for 
acquisition unless such acquisition is otherwise authorized by 
law: Provided, however, That appropriations from the fund may 
be used for preacquisition work in instances where 
authorization is imminent and where substantial monetary 
savings could be realized.
    (3) Willing Seller.--Amounts made available for Federal 
land acquisition purposes under this section shall not be used 
to acquire property unless--
          (A) the owner of the property is willing to sell; or
          (B) the acquisition is authorized by law and is 
        conducted in accordance therewith.
                              ----------                              


                Federal Aid in Wildlife Restoration Act


Act of Sept. 2, 1937, ch. 899, 50 Stat. 917, as amended

           *       *       *       *       *       *       *



[SEC. 2. DEFINITIONS.

    [For the purposes of this chapter the term ``wildlife-
restoration project'' shall be construed to mean and include 
the selection, restoration, rehabilitation, and improvement of 
areas of land or water adaptable as feeding, resting, or 
breeding places for wildlife, including acquisition by 
purchase, condemnation, lease, or gift of such areas or estates 
or interests therein as are suitable or capable of being made 
suitable therefor, and the construction thereon or therein of 
such works as may be necessary to make them available for such 
purposes and also including such research into problems of 
wildlife management as may be necessary to efficient 
administration affecting wildlife resources, and such 
preliminary or incidental costs and expenses as may be incurred 
in and about such projects; the term ``State fish and game 
department'' shall be construed to mean and include any 
department or division of department of another name, or 
commission, or official or officials, of a State empowered 
under its laws to exercise the functions ordinarily exercised 
by a State fish and game department.]

SEC. 2. DEFINITIONS.

    As used in this Act--
          (1) the term ``conservation'' means 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;
          (2) the term ``Secretary'' means the Secretary of the 
        Interior;
          (3) the term ``State fish and game department'' or 
        ``State fish and wildlife department'' means any 
        department or division of department of another name, 
        or commission, or official or officials, of a State 
        empowered under its laws to exercise the functions 
        ordinarily exercised by a State fish and game 
        department or State fish and wildlife department.
          (4) the term ``wildlife'' means any species of wild, 
        free-ranging fauna including fish, and also fauna 
        captive breeding programs the object of which is to 
        reintroduce individuals of a depleted indigenous 
        species into previously occupied range;
          (5) the term ``wildlife-associated recreation'' means 
        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;
          (6) 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 304(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;
          (7) the term ``wildlife conservation education'' 
        means projects, including public outreach, intended to 
        foster responsible natural resource stewardship; and
          (8) the term ``wildlife-restoration project'' 
        includes the wildlife conservation and restoration 
        program and means the selection, restoration, 
        rehabilitation, and improvement of areas of land or 
        water adaptable as feeding, resting, or breeding places 
        for wildlife, including acquisition of such areas or 
        estates or interests therein as are suitable or capable 
        of being made suitable therefor, and the construction 
        thereon or therein of such works as may be necessary to 
        make them available for such purposes and also 
        including such research into problems of wildlife 
        management as may be necessary to efficient 
        administration affecting wildlife resources, and such 
        preliminary or incidental costs and expenses as may be 
        incurred in and about such projects.

SEC. 3. AUTHORIZATION OF APPROPRIATIONS; DISPOSITION OF UNEXPENDED 
                    FUNDS.

    (a)(1) An amount equal to all revenues accruing each fiscal 
year (beginning with the fiscal year 1975) from any tax imposed 
on specified articles by sections 4161(b) and 4181 of title 26, 
shall, subject to the exemptions in section 4182 of such title, 
be covered into the Federal aid to wildlife restoration fund in 
the Treasury (hereinafter referred to as the ``fund'') and is 
authorized to be appropriated and made available until expended 
to carry out the purposes of this chapter. So much of such 
appropriations apportioned to any State for any fiscal year as 
remains unexpended at the close thereof is authorized to be 
made available for expenditure in that State until the close of 
the succeeding fiscal year. Any amount apportioned to any State 
under the provisions of this chapter which is unexpended or 
unobligated at the end of the period during which it is 
available for expenditure on any project is authorized to be 
made available for expenditure by the Secretary of the Interior 
in carrying out the provisions of the Migratory Bird 
Conservation Act.
    (2) There is established in the fund a subaccount to be 
known as the ``Wildlife Conservation and Restoration Account''. 
Amounts transferred to the Secretary under section 2(b)(5) of 
the Conservation and Reinvestment Act shall be deposited in the 
subaccount and shall be available without further 
appropriations for obligation and expenditure, in each fiscal 
year, for apportionment in accordance with this Act to carry 
out State wildlife conservation and restoration programs.
    (b)(1) The Secretary of the Treasury shall invest in 
interest-bearing obligations of the United States such portion 
of the fund as is not, in his judgment, required for meeting a 
current year's withdrawals. For purposes of such investment, 
the Secretary of the Treasury may--
          (A) acquire obligations at the issue price and 
        purchase outstanding obligations at the market price; 
        and
          (B) sell obligations held in the fund at the market 
        price.
    (2) The interest on obligations held in the fund--
          (A) shall be credited to the fund;
          (B) constitute the sums available for allocation by 
        the Secretary under section 4407 of this title;
          (C) shall become available for apportionment under 
        this chapter at the beginning of fiscal year 2006.
    (c)(1) Amounts transferred to the Wildlife Conservation and 
Restoration Account 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 not hunted or fished.
    (2) Funds may be used by a State or an Indian tribe for the 
planning and implementation of its wildlife conservation and 
restoration program and wildlife conservation strategy, as 
provided in section 4(d) and (e) of this Act, including 
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.
    (3) Priority for funding from the Wildlife Conservation and 
Restoration Account shall be for those species with the 
greatest conservation need.
    (d) Notwithstanding subsections (a) and (b) of this 
section, with respect to amounts transferred to the Wildlife 
Conservation and Restoration Account from the Conservation and 
Reinvestment Act Fund, so much of such amounts apportioned to 
any State for any fiscal year as remains unexpended at the 
close thereof shall remain available for obligation in that 
State until the close of the second succeeding fiscal year.

SEC. 4. APPORTIONMENT OF FUNDS; EXPENSES OF SECRETARY.

    (a) So much, not to exceed 8 per centum, of the revenues 
(excluding interest accruing under section 3(b) of this title) 
covered into said fund in each fiscal year as the Secretary of 
the Interior may estimate to be necessary for his expenses in 
the administration and execution of this chapter and the 
Migratory Bird Conservation Act (16 U.S.C. 715 et seq.) shall 
be deducted for that purpose, and such sum is authorized to be 
made available therefor until the expiration of the next 
succeeding fiscal year, and within sixty days after the close 
of such fiscal year the Secretary of the Interior shall 
apportion such part thereof as remains unexpended by him, if 
any, and make certificate thereof to the Secretary of the 
Treasury and to the State fish and game departments on the same 
basis and in the same manner as is provided as to other amounts 
authorized by this chapter to be apportioned among the States 
for such current fiscal year. The Secretary of the Interior, 
after making the aforesaid deduction, shall apportion, except 
as provided in subsection (b) of this section, the remainder of 
the revenue in said fund for each fiscal year among the several 
States in the following manner: One-half in the ratio which the 
area of each State bears to the total area of all the States, 
and one-half in the ratio which the number of paid hunting-
license holders of each State in the second fiscal year 
preceding the fiscal year for which such apportionment is made, 
as certified to said Secretary by the State fish and game 
departments, bears to the total number of paid hunting-license 
holders of all the States. Such apportionments shall be 
adjusted equitably so that no State shall receive less than 
one-half of 1 per centum nor more than 5 per centum of the 
total amount apportioned. The term fiscal year as used in this 
chapter shall be a period of twelve consecutive months from 
October 1 through the succeeding September 30, except that the 
period for enumeration of paid hunting-license holders shall be 
a State's fiscal or license year.
    (b) One-half of the revenues accruing to the fund under 
this chapter each fiscal year (beginning with the fiscal year 
1975) from any tax imposed on pistols, revolvers, bows, and 
arrows shall be apportioned among the States in proportion to 
the ratio that the population of each State bears to the 
population of all the States: Provided, That each State shall 
be apportioned not more than 3 per centum and not less than 1 
per centum of such revenues and Guam, the Virgin Islands, 
American Samoa, and the Northern Mariana Islands shall each be 
apportioned one-sixth of 1 per centum of such revenues. For the 
purpose of this subsection, population shall be determined on 
the basis of the latest decennial census for which figures are 
available, as certified by the Secretary of Commerce.
    (c) Apportionment of Wildlife Conservation and Restoration 
Account.--(1) Notwithstanding subsection (a), the Secretary may 
use not more than 2 percent of the revenues deposited into the 
Wildlife Conservation and Restoration Account in each fiscal 
year as necessary for expenses in the administration and 
execution of programs carried out under the Wildlife 
Conservation and Restoration Account and such amount shall be 
available therefor until the expiration of the next succeeding 
fiscal year. Within 60 days after the close of such fiscal 
year, the Secretary shall apportion any portion thereof as 
remains unexpended, if any, on the same basis and in the same 
manner as is provided under paragraphs (2) and (3).
    (2) The Secretary, after deducting administrative expenses 
shall make the following apportionment from the Wildlife 
Conservation and Restoration Account:
          (A) to the District of Columbia and to the 
        Commonwealth of Puerto Rico, each a sum equal to not 
        more than one-half 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 one-fourth of 1 percent 
        thereof; and
          (C) to Federally recognized Indian tribes, a sum 
        equal to not more than 2\1/4\ percent, one-third of 
        which shall be allocated among the various tribes based 
        on the ratio to which the trust land area of such tribe 
        bears to the total trust land area of all such tribes 
        and two-thirds of which shall be allocated based on the 
        ratio to which the population of such tribe bears to 
        the total population of all such tribes; except that no 
        Indian tribe shall receive more than 5 percent per 
        annum of the total annual amount made available to 
        Indian tribes under this subsection.
    (3) The Secretary shall apportion the remaining amount in 
the Wildlife Conservation and Restoration Account for each year 
among the States in the following manner:
          (A) one-third 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; and
          (B) two-thirds of which is based on the ratio to 
        which the population of such State bears to the total 
        population of all such States.
    (4) The amounts apportioned under this paragraph shall be 
adjusted equitably so that no State shall be apportioned a sum 
which is less than 1 percent of the amount available for 
apportionment under this paragraph for any fiscal year or more 
than 5 percent of such amount.
    (d) Wildlife Conservation and Restoration Program.--(1) Any 
State, may apply to the Secretary for approval of a wildlife 
conservation and restoration program or for funds from the 
Wildlife Conservation and Restoration Account to develop a 
program which shall--
          (A) contain provision for vesting in the State fish 
        and wildlife department overall responsibility and 
        accountability for development and implementation of 
        the program; and
          (B) contain provision for development and 
        implementation of--
                  (i) wildlife conservation projects that 
                expand and support existing wildlife programs 
                to meet the needs of a diverse array of 
                wildlife species, including a wildlife strategy 
                as set forth in subsection (e),
                  (ii) wildlife associated recreation programs,
                  (iii) wildlife conservation education 
                projects; and
          (C) contain provisions for public participation in 
        the development, revision, and implementation of 
        projects and programs identified in subparagraph (B) of 
        this subsection.
    (2) If the Secretary finds that the wildlife conservation 
and restoration program submitted by a State complies with 
paragraph (1), the Secretary shall approve the program and 
shall 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.
    (3)(A) Except as provided in subparagraphs (B) and (C), 
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 pro rata share of the United States 
for 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.
    (C) 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 law 
enforcement.
    (4) 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 and any of the 
Federally recognized Indian tribes with a wildlife conservation 
and restoration program.
    (e) Wildlife Conservation Strategy.--Any State that 
receives an apportionment pursuant to subsection (c) shall, 
within five years of the date of the initial apportionment, 
develop and begin implementation of a wildlife conservation 
strategy based upon the best scientific information and data 
available that--
          (1) integrates available information on the 
        distribution and abundance of species of wildlife, 
        including low population and declining species as the 
        State fish and wildlife department deems appropriate, 
        that exemplify and are indicative of the diversity and 
        health of wildlife of the State;
          (2) identifies the extent and condition of habitats 
        and community types essential to conservation of 
        species identified under paragraph (1);
          (3) identifies the problems which may adversely 
        affect the species identified under paragraph (1) and 
        their habitats, and provides for research and surveys 
        to identify factors which may assist in restoration and 
        more effective conservation of such species and their 
        habitats;
          (4) determines those actions which should be taken to 
        conserve the species identified under paragraph (1) and 
        their habitats and establishes priorities for 
        implementing such conservation actions;
          (5) provides for periodic monitoring of species 
        identified under paragraph (1) and their habitats and 
        the effectiveness of the conservation actions 
        determined under paragraph (4), and for adapting 
        conservation actions as appropriate to respond to new 
        information or changing conditions;
          (6) provides for the review of the State wildlife 
        conservation strategy and, if appropriate, revision at 
        intervals of not more than ten years;
          (7) provides for coordination by the State fish and 
        wildlife department, during the development, 
        implementation, review, and revision of the wildlife 
        conservation strategy, with Federal, State, and local 
        agencies and Indian tribes that manage significant 
        areas of land or water within the State, or administer 
        programs that significantly affect the conservation of 
        species identified under paragraph (1) or their 
        habitats.
                              ----------                               
5/M


                 Urban Park and Recreation Recovery Act


Public Law 95-625 (Nov. 10, 1978), as Amended

           *       *       *       *       *       *       *



SEC. 1003. CONGRESSIONAL STATEMENT OF PURPOSE; COMPLEMENTARY PROGRAM 
                    AUTHORIZATION; TERMS AND CONDITIONS

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

SEC. 1004. DEFINITIONS.

    When used in this chapter the term--

           *       *       *       *       *       *       *

    (j) ``State'' means any State of the United States or any 
instrumentality of a State approved by the Governor; the 
Commonwealth of Puerto Rico, insular areas; [and]
    (k) ``insular areas'' means Guam, the Virgin Islands, 
American Samoa, and Commonwealth of the Northern Mariana 
Islands[.];
    (l) ``development grants'' 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 but excluding routine 
maintenance and upkeep activities; and
    (m) ``Secretary'' means the Secretary of the Interior.

SEC. 1005. FEDERAL ASSISTANCE GRANTS.

    [(a) Eligibility of general purpose local governments for 
assistance under this chapter shall be based upon need as 
determined by the Secretary. Within one hundred and twenty days 
after November 10, 1978, the Secretary shall publish in the 
Federal Register, a list of the local governments eligible to 
participate in this program, to be accompanied by a discussion 
of criteria used in determining eligibility. Such criteria 
shall be based upon factors which the Secretary determines are 
related to deteriorated recreational facilities or systems, and 
physical and economic distress.]
    (a) Eligibility of general purpose local governments to 
compete for assistance under this title shall be based upon 
need as determined by the Secretary and shall include, but not 
be limited to, the following:
          (1) All political subdivisions included in 
        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. 1006. REHABILITATION AND INNOVATION GRANTS.

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

           *       *       *       *       *       *       *


SEC. 1007. LOCAL COMMITMENTS TO SYSTEM RECOVERY AND MAINTENANCE.

    (a) As a requirement for project approval, local 
governments applying for assistance under this chapter shall 
submit to the Secretary evidence of their commitments to 
ongoing planning, development, rehabilitation, service, 
operation, and maintenance programs for their park and 
recreation systems. These commitments will be expressed in 
local park and recreation recovery action programs which 
maximize coordination of all community resources, including 
other federally supported urban development and recreation 
programs. During an initial interim period to be established by 
regulations under this chapter, this requirement may be 
satisfied bylocal government submissions of preliminary action 
programs which briefly define objectives, priorities, and 
implementation strategies for overall system recovery and maintenance 
and commit the applicant to a scheduled program development process. 
Following this interim period, all local applicants shall submit to the 
Secretary, as a condition of eligibility, a five-year action program 
for park and recreation recovery that satisfactorily demonstrate:
          (1) systematic identification of recovery objectives, 
        priorities, and implementation strategies;
          (2) adequate planning for development and 
        rehabilitation of specific recreation areas and 
        facilities, including projections of the cost of 
        proposed projects;
          (3) capacity and commitment to assure that facilities 
        provided or improved under this chapter shall 
        thereafter continue to be adequately maintained, 
        protected, staffed, and supervised;
          (4) intention to maintain total local public outlays 
        for park and recreation purposes at levels at lest 
        equal to those in the year preceding that in which 
        grant assistance is sought beginning in fiscal year 
        1980 except in any case where a reduction in park and 
        recreation outlays is proportionate to a reduction in 
        overall spending by the applicant; and
          (5) the relationship of the park and recreation 
        recovery program to overall community development and 
        urban revitalization efforts. Where appropriate, the 
        Secretary may encourage local governments to meet 
        action program requirements through a continuing 
        planning process which includes periodic improvements 
        and updates in action program submissions to eliminate 
        identified gaps in program information and policy 
        development.

           *       *       *       *       *       *       *


SEC. 1008. STATE ACTION INCENTIVE; FEDERAL IMPLEMENTATION GRANTS, 
                    INCREASE.

    (a) In General.--The Secretary is authorized to increase 
Federal implementation grants authorized in section 2505 of 
this title by providing an additional match equal to the total 
match provided by a State of up to 15 per centum of total 
project costs. In no event may the Federal matching amount 
exceed 85 per centum of total project cost. [The Secretary 
shall further encourage the States to assist him in assuring 
that local recovery plans and programs are adequately 
implemented by cooperating with the Department of the Interior 
in monitoring local park and recreation recovery plans and 
programs and in assuring consistency of such plans and 
programs, where appropriate, with State recreation policies set 
forth in statewide comprehensive outdoor recreation plans.]
    (b) Coordination with Land and Water Conservation Fund 
Activities.--
          (1) The Secretary and general purpose local 
        governments are encouraged to coordinate preparation of 
        recovery action programs required by this title with 
        State Plans or State Action Agendas required under 
        section 6 of the Land and Water Conservation Fund Act 
        of 1965 (16 U.S.C. 460l-8), including the allowance or 
        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 recreation or conservation 
        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 section 6(d) of the Land 
        and Water Conservation Fund Act of 1965 (16 U.S.C. 
        460l-8(d)).

           *       *       *       *       *       *       *


[SEC. 1010. CONVERSION OF RECREATION PROPERTY.

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


                   conversion of recreation property


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

           *       *       *       *       *       *       *


[SEC. 1013. AUTHORIZATION OF APPROPRIATIONS.

    [(a) In General.--There are hereby authorized to be 
appropriated for the purposes of this chapter, not to exceed 
$150,000,000 for each of the fiscal years 1979 through 1982, 
and $125,000,000 in fiscal year 1983, such sums to remain 
available until expended. Not more than 3 per centum of the 
funds authorized in any fiscal year may be used for grants for 
the development of local park and recreation recovery action 
programs pursuant to sections 1007(a) and 1007(c) of this 
title, and not more than 10 per centum may be used for 
innovation grants pursuant to section 1006 of this title. 
Grants made under this chapter for projects in any one State 
shall not exceed in the aggregate 15 per centum of the 
aggregate amount of funds authorized to be appropriated in any 
fiscal year. For the authorizations made in this section, any 
amounts authorized but not appropriated in any fiscal year 
shall remain available for appropriation in succeeding fiscal 
years. Notwithstanding any other provision of this Act, or any 
other law, or regulation, there is further authorized to be 
appropriated $250,000 for each of the fiscal years 1979 through 
1983, such sums
to remain available until expended, to each of the insular 
areas. Such sums will not be subject to the matching provisions 
of this section, and may only be subject to such conditions, 
reports, plans, and agreements, if any, as determined by the 
Secretary.
    [(b) Program Support.--Not more than 25 percent of the 
amounts made available under this chapter to any local 
government may be used for program support.]


treatment of amounts transferred from conservation and reinvestment act 
                                  fund


    Sec. 1013. (a) In General.--Amounts transferred to the 
Secretary of the Interior under section 2(b)(6) of the 
Conservation and Reinvestment Act in a fiscal year shall be 
available for obligation and expenditure for the purpose of 
this section, without further appropriation and without fiscal 
year limitation. Any amounts that have 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) Administrative Expenses.--Not more than four percent of 
the amounts made available under this section in each fiscal 
year, may be deducted by the Secretary for expenses in the 
administration and execution of this Act.
    (c) Limitations on Annual Grants.--After making the 
deduction under subsection (b), of the amounts available in a 
fiscal year under subsection (a)--
          (1) not more than 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.
    (d) Limitation on Use for Grant Administration.--The 
Secretary shall establish a limit on the portion of any grant 
under this title, not to exceed 25 percent that may be used for 
grant and program administration.

[SEC. 1014. LIMITATION OF USE OF FUNDS.

    [No funds available under this chapter shall be used for 
the acquisition of land or interests in land.]

[SEC. 1015. SUNSET AND REPORTING PROVISIONS; REPORTS TO CONGRESS.

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


                   National Historic Preservation Act


Public Law 89-665 (Oct. 15, 1966), as Amended

           *       *       *       *       *       *       *



SEC. 108.

    (a) To carry out the provisions of this Act, there is 
hereby established the Historic Preservation Fund (hereafter 
referred to as the ``fund'') in the Treasury of the United 
States.
    (b) There shall be covered into such fund $24,400,000 for 
fiscal year 1977, $10,000,000 for fiscal year 1978, 
$100,000,000 for fiscal year 1979, $150,000,000 for fiscal year 
1980, and $150,000,000 for fiscal year 1981 and $150,000,000 
for each of fiscal years 1982 through 1997, from revenues due 
and payable to the United States under the Outer Continental 
Shelf Lands Act (67 Stat. 462, 469), as amended (43 U.S.C. 
338), and/or under the Act of June 4, 1920 (41 Stat. 813), as 
amended (30 U.S.C. 191), notwithstanding any provision of law 
that such proceeds shall be credited to miscellaneous receipts 
of the Treasury. Such moneys shall be used only to carry out 
the purposes of this subchapter and shall be available for 
expenditure only when appropriated by the Congress. Any moneys 
not appropriated shall remain available in the fund until 
appropriated for said purposes: Provided, That appropriations 
made pursuant to this paragraph may be made without fiscal year 
limitation.
    (c) Amounts transferred to the Secretary under section 
5(b)(8) of the Conservation and Reinvestment Act in a fiscal 
year shall be available for obligation and expenditure for the 
purposes of this Act, without further appropriation and without 
fiscal year limitation.
    (d)(1) Of the amounts in the fund, $150,000,000 shall be 
available each fiscal year for obligation or expenditure in 
accordance with paragraph (2) of this section. Such amounts 
shall be made available without further appropriation, subject 
to the requirements of this Act, and shall remain available 
until expended.
    (2) Of the amounts made available each fiscal year--
          (A) $75,000,000 shall be available for State, local 
        governmental, and tribal historic preservation programs 
        as provided in section 101(b), (c), and (d) of this Act 
        (16 U.S.C. 470a(b), (c), and (d);
          (B) $15,000,000 shall be available for the American 
        Battlefield Protection Program (16 U.S.C. 469k) for the 
        protection of threatened battlefields; and
          (C) the remainder shall be available to carry out 
        this Act, except that not less than 50 percent of the 
        amounts made available shall be used for preservation 
        projects on historic properties or archaeological sites 
        in accordance with this Act, with priority given to the 
        preservation of endangered Federal historic properties 
        or archaeological sites.
    (e)(1) The President shall include in the annual budget 
proposal a list of programs to be funded under subsection 
(d)(2)(C) and additional funding amounts, if any, for State, 
local governmental, and tribal historic programs in accordance 
with section 101(b), (c), and (d) of this Act.
    (2) Except as provided in paragraph (3), during any fiscal 
year no money shall be obligated or expended for the programs 
identified in paragraph (d)(2)(C) unless approved in an Act 
making appropriations.
    (3) If the Congress adjourns sine die without appropriating 
the full amount made available under subsection (d)(2)(C), 15 
days after the date of such adjournment, the Secretary shall, 
without further appropriation, obligate and expend the 
difference between the full amount made available under 
subsection (d)(2)(C) and the amount appropriated, only as 
follows:
          (A) to provide additional funding for State, local 
        governmental, and tribal historic preservation programs 
        as provided in section 101(b), (c), and (d) of this 
        Act; or
          (B) to fund preservation projects on endangered 
        Federal historic properties or archaeological sites.
                              ----------                              


              American Battlefield Protection Act of 1996


                   Public Law 104-333 (Nov. 12, 1996)

    (a) Short Title.--This section may be cited as the 
``American Battlefield Protection Act of 1996''.
    (b) Purpose.--The purpose of this section is to assist 
citizens, public and private institutions, and governments at 
all levels in planning, interpreting, and protecting sites 
where historic battles were fought on American soil during the 
armed conflicts that shaped the growth and development of the 
United States, in order that present and future generations may 
learn and gain inspiration from the ground where Americans made 
their ultimate sacrifice.
    (c) Preservation Assistance.--
          (1) In general.--Using the established national 
        historic preservation program to the extent 
        practicable, the Secretary of the Interior, acting 
        through the American Battlefield Protection Program, 
        shall encourage, support, assist, recognize, and work 
        in partnership with citizens, Federal, State, local, 
        and tribal governments, other public entities, 
        educational institutions, and private nonprofit 
        organizations in identifying, researching, evaluating, 
        interpreting, and protecting historic battlefields and 
        associated sites on a National, State, and local level.
          (2) Financial Assistance.--To carry out paragraph 
        (1), the Secretary may use a cooperative agreement, 
        grant, contract, or other generally adopted means of 
        providing financial assistance. Priority for financial 
        assistance for the preservation of Civil War 
        Battlefields shall be given to sites identified as 
        Priority 1 battlefields in the ``Civil War Sites 
        Advisory Commission Report on the Nation's Civil War 
        Battlefields`` issued in 1993.
    (d) Authorization of Appropriations.--There are authorized 
to be appropriated [$3,000,000] such sums as may be necessary 
annually to carry out this section, to remain available until 
expended.
    [(e) Repeal.--
          [(1) In general.--This section is repealed as of the 
        date that is 10 years after November 12, 1996.
          [(2) No effect on general authority.--The Secretary 
        may continue to conduct battlefield studies in 
        accordance with other authorities available to the 
        Secretary.
          [(3) Unobligated funds.--Any funds made available 
        under this section that remain unobligated shall be 
        credited to the general fund of the Treasury.
                              ----------                              --
--------


              Cooperative Forestry Assistance Act of 1978


Public Law 95-313 (July 1, 1978) as Amended

           *       *       *       *       *       *       *



SEC. 21. RURAL DEVELOPMENT.

    (a) Uses.--The Secretary shall conduct a Rural Development 
program to provide technical assistance to rural communities 
for sustainable rural development purposes.
    (b) Funding.--Amounts transferred to the Secretary of 
Agriculture under section 2(b)(11) of the Conservation and 
Reinvestment Act shall be available for obligation and 
expenditure for the purpose of this section, without further 
appropriation and without fiscal year limitation.
                              ----------                              --
--------


                      Payment for Entitlement Land


                             31 U.S.C. 6906


SEC. 6906. AUTHORIZATION OF APPROPRIATIONS.

    [Necessary amounts may be appropriated to the Secretary of 
the interior to carry out this chapter. Amounts are available 
only as provided in appropriation laws.]
    There are authorized to be appropriated such sums as may be 
necessary to carry out this chapter.

                                  
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