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

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



 
               CONSERVATION AND REINVESTMENT ACT OF 1999

                                _______
                                

               February 16, 2000.--Ordered to be printed

                                _______
                                

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

                              R E P O R T

                             together with

                            DISSENTING VIEWS

                        [To accompany H.R. 701]

      [Including cost estimate of the Congressional Budget Office]

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

SECTION 1. SHORT TITLE.

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

SEC. 2. TABLE OF CONTENTS.

  The table of contents for this Act is as follows:

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

          TITLE I--IMPACT ASSISTANCE AND COASTAL CONSERVATION

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

       TITLE II--LAND AND WATER CONSERVATION FUND REVITALIZATION

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

            TITLE III--WILDLIFE CONSERVATION AND RESTORATION

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

    TITLE IV--URBAN PARK AND RECREATION RECOVERY PROGRAM AMENDMENTS

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

                  TITLE V--HISTORIC PRESERVATION FUND

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

             TITLE VI--FEDERAL AND INDIAN LANDS RESTORATION

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

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

                   Subtitle A--Conservation Easements

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

         Subtitle B--Endangered and Threatened Species Recovery

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

SEC. 3. DEFINITIONS.

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

SEC. 4. ANNUAL REPORTS.

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

SEC. 5. CONSERVATION AND REINVESTMENT ACT FUND.

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

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

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

SEC. 7. BUDGETARY TREATMENT OF RECEIPTS AND DISBURSEMENTS.

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

SEC. 8. RECORDKEEPING REQUIREMENTS.

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

SEC. 9. MAINTENANCE OF EFFORT AND MATCHING FUNDING.

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

SEC. 10. SUNSET.

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

SEC. 11. PROTECTION OF PRIVATE PROPERTY RIGHTS.

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

SEC. 12. SIGNS.

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

          TITLE I--IMPACT ASSISTANCE AND COASTAL CONSERVATION

SEC. 101. IMPACT ASSISTANCE FORMULA AND PAYMENTS.

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

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

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

       TITLE II--LAND AND WATER CONSERVATION FUND REVITALIZATION

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

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

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

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

SEC. 203. AVAILABILITY OF AMOUNTS.

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

SEC. 204. ALLOCATION OF FUND.

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

SEC. 205. USE OF FEDERAL PORTION.

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

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

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

SEC. 207. STATE PLANNING.

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

SEC. 208. ASSISTANCE TO STATES FOR OTHER PROJECTS.

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

SEC. 209. CONVERSION OF PROPERTY TO OTHER USE.

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

SEC. 210. WATER RIGHTS.

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

            TITLE III--WILDLIFE CONSERVATION AND RESTORATION

SEC. 301. PURPOSES.

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

SEC. 302. DEFINITIONS.

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

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

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

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

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

SEC. 305. EDUCATION.

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

SEC. 306. PROHIBITION AGAINST DIVERSION.

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

    TITLE IV--URBAN PARK AND RECREATION RECOVERY PROGRAM AMENDMENTS

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

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

SEC. 402. PURPOSE.

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

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

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

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

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

SEC. 405. DEFINITIONS.

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

SEC. 406. ELIGIBILITY.

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

SEC. 407. GRANTS.

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

SEC. 408. RECOVERY ACTION PROGRAMS.

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

SEC. 409. STATE ACTION INCENTIVES.

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

SEC. 410. CONVERSION OF RECREATION PROPERTY.

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

SEC. 411. REPEAL.

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

                  TITLE V--HISTORIC PRESERVATION FUND

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

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

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

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

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

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

             TITLE VI--FEDERAL AND INDIAN LANDS RESTORATION

SEC. 601. PURPOSE.

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

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

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

SEC. 603. AUTHORIZED USES OF TRANSFERRED AMOUNTS.

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

SEC. 604. INDIAN TRIBE DEFINED.

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

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

                   Subtitle A--Conservation Easements

SEC. 701. PURPOSE.

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

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

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

SEC. 703. AUTHORIZED USES OF TRANSFERRED AMOUNTS.

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

SEC. 704. CONSERVATION EASEMENT PROGRAM.

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

         Subtitle B--Endangered and Threatened Species Recovery

SEC. 711. PURPOSES.

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

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

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

SEC. 713. ENDANGERED AND THREATENED SPECIES RECOVERY ASSISTANCE.

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

SEC. 714. ENDANGERED AND THREATENED SPECIES RECOVERY AGREEMENTS.

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

SEC. 715. DEFINITIONS.

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

                          Purpose of the Bill

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

                  Background and Need for Legislation

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

                            Committee Action

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


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


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


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


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


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


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


                  Partial Section-by-Section Analysis


Section 4. Annual reports

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

Section 5. Conservation and Reinvestment Act Fund

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

Section 6. Limitation of use of available amounts for administration

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

Section 7. Budgetary treatment of receipts and disbursements

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

Section 8. Recordkeeping requirements

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

Section 9. Maintenance of effort and matching funding

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

Section 10. Sunset

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

Section 11. Protection of private property rights

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

Section 12. Signs

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

          Title I--Impact Assistance and Coastal Conservation


Section 101. Impact assistance formula and payments

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

Section 102. Coastal State conservation and impact assistance plans

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

       Title II--Land and Water Conservation Fund Revitalization


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

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

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

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

Section 203. Availability of amounts

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

Section 204. Allocation of fund

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

Section 205. Use of Federal portion

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

Section 206. Allocation of amounts available for State purposes

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

Section 207. State planning

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

Section 208. Assistance to States for other projects

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

Section 209. Conversion of property to other use

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

Section 210. Water rights

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

            Title III--Wildlife Conservation and Restoration


Section 301. Purposes

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

Section 302. Definitions

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

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

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

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

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

Section 305. Education

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

Section 306. Prohibition against diversion

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

    Title IV--Urban Park and Recreation Recovery Program Amendments


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

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

Section 402. Purpose

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

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

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

Section 404. Authority to develop new areas and facilities

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

Section 405. Definitions

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

Section 406. Eligibility

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

Section 407. Grants

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

Section 408. Recovery Action Programs

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

Section 409. State action incentives

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

Section 410. Conversion of recreation property

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

Section 411. Repeal

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

                  Title V--Historic Preservation Fund


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

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

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

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

             Title VI--Federal and Indian Lands Restoration


Section 601. Purpose

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

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

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

Section 603. Authorized uses of transferred amounts

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

Section 604. Indian Tribe defined

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

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


                   Subtitle A--Conservation Easements

Section 701. Purpose

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

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

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

Section 703. Authorized uses of transferred amounts

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

Section 704. Conservation easement program

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

         Subtitle B--Endangered and Threatened Species Recovery

Section 711. Purposes

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

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

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

Section 713. Endangered and threatened species recovery assistance

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

Section 714. Endangered and threatened species recovery agreements

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

Section 715. Definitions

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

            Committee Oversight Findings and Recommendations

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

                   Constitutional Authority Statement

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

                    Compliance With House Rule XIII

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

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

               congressional budget office cost estimate

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

                                summary

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

                            Direct Spending

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

                         Discretionary Spending

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

                          Budgetary Treatment

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

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

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

                                        SPENDING SUBJECT TO APPROPRIATION

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

                           basis of estimate

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

                               CARA Fund

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

                           Interest Earnings

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

                  Other Discretionary Spending Effects

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

                          Budgetary Treatment

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

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

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

                                                           With Change in Budgetary Treatment

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

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

                    Compliance With Public Law 104-4

    This bill contains no unfunded mandates.

               Preemption of State, Local, or Tribal Law

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

         Changes in Existing Law Made by the Bill, as Reported

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

LAND AND WATER CONSERVATION FUND ACT OF 1965

           *       *       *       *       *       *       *



TITLE I--LAND AND WATER CONSERVATION PROVISIONS

           *       *       *       *       *       *       *



                certain revenues placed in separate fund

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

           *       *       *       *       *       *       *

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


                             appropriations


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

           *       *       *       *       *       *       *


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

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


                          allocation of funds


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

                     financial assistance to states

  Sec. 6. General Authority; Purposes.--(a)  * * *
  [(b) Apportionment Among States; Notification.--Sums 
appropriated and available for State purposes for each fiscal 
year shall be apportioned among the several States by the 
Secretary, whose determination shall be final, in accordance 
with the following formula:
          [(1) Forty per centum of the first $225,000,000; 
        thirty per centum of the next $275,000,000; and twenty 
        per centum of all additional appropriations shall be 
        apportioned equally among the several States; and
          [(2) At any time, the remaining appropriation shall 
        be apportioned on the basis of need to individual 
        States by the Secretary in such amounts as in his 
        judgment will best accomplish the purposes of this Act. 
        The determination of need shall include among other 
        things a consideration of the proportion which the 
        population of each State bears to the total population 
        of the United States and of the use of outdoor 
        recreation resources of individual States by persons 
        from outside the State as well as a consideration of 
        the Federal resources and programs in the particular 
        States.
          [(3) The total allocation to an individual State 
        under paragraphs (1) and (2) of this subsection shall 
        not exceed 10 per centum of the total amount allocated 
        to the several States in any one year.
          [(4) The Secretary shall notify each State of its 
        apportionments; and the amounts thereof shall be 
        available thereafter for payment to such State for 
        planning, acquisition, or development projects as 
        hereafter prescribed. Any amount of any apportionment 
        that has not been paid or obligated by the Secretary 
        during the fiscal year in which such notification is 
        given and for two fiscal years thereafter shall be 
        reapportioned by the Secretary in accordance with 
        paragraph (2) of this subsection, without regard to the 
        10 per centum limitation to an individual State 
        specified in this subsection.
          [(5) For the purposes of paragraph (1) of this 
        subsection, the District of Columbia, Puerto Rico, the 
        Virgin Islands, Guam, American Samoa, and the 
        Commonwealth of the Northern Mariana Islands (when such 
        islands achieve Commonwealth status) shall be treated 
        collectively as one State, and shall receive shares of 
        such apportionment in proportion to their populations. 
        The above listed areas shall be treated as States for 
        all other purposes of this title.]
  (b) Distribution Among the States.--(1) Sums in the fund 
available each fiscal year for State purposes shall be 
apportioned among the several States by the Secretary, in 
accordance with this subsection. The determination of the 
apportionment by the Secretary shall be final.
  (2) Subject to paragraph (3), of sums in the fund available 
each fiscal year for State purposes--
          (A) 30 percent shall be apportioned equally among the 
        several States; and
          (B) 70 percent shall be apportioned so that the ratio 
        that the amount apportioned to each State under this 
        subparagraph bears to the total amount apportioned 
        under this subparagraph for the fiscal year is equal to 
        the ratio that the population of the State bears to the 
        total population of all States.
  (3) The total allocation to an individual State for a fiscal 
year under paragraph (2) shall not exceed 10 percent of the 
total amount allocated to the several States under paragraph 
(2) for that fiscal year.
  (4) The Secretary shall notify each State of its 
apportionment, and the amounts thereof shall be available 
thereafter to the State for planning, acquisition, or 
development projects as hereafter described. Any amount of any 
apportionment under this subsection that has not been paid or 
obligated by the Secretary during the fiscal year in which such 
notification is given and the two fiscal years thereafter shall 
be reapportioned by the Secretary in accordance with paragraph 
(2), but without regard to the 10 percent limitation to an 
individual State specified in paragraph (3).
  (5)(A) For the purposes of paragraph (2)(A)--
          (i) the District of Columbia shall be treated as a 
        State; and
          (ii) Puerto Rico, the Virgin Islands, Guam, and 
        American Samoa--
                  (I) shall be treated collectively as one 
                State; and
                  (II) shall each be allocated an equal share 
                of any amount distributed to them pursuant to 
                clause (i).
  (B) Each of the areas referred to in subparagraph (A) shall 
be treated as a State for all other purposes of this Act.
  (C) For the purposes of paragraph (1), all federally 
recognized Indian tribes and Native Corporations (as defined in 
section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 
1602)), shall be eligible to receive shares of the 
apportionment under paragraph (1) in accordance with a 
competitive grant program established by the Secretary by rule. 
The total apportionment available to such tribes and Native 
Corporations shall be equivalent to the amount available to a 
single State. No single tribe or Native Corporation shall 
receive a grant that constitutes more than 10 percent of the 
total amount made available to all tribes and Native 
Corporations pursuant to the apportionment under paragraph (1). 
Funds received by a tribe or Native Corporation under this 
subparagraph may be expended only for the purposes specified in 
paragraphs (1) and (3) of subsection (a).
  (6) Absent some compelling and annually documented reason to 
the contrary acceptable to the Secretary of the Interior, each 
State (other than an area treated as a State under paragraph 
(5)) shall make available as grants to local governments, at 
least 50 percent of the annual State apportionment, or an 
equivalent amount made available from other sources.

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *


               allocation of moneys for federal purposes

  Sec. 7. (a)  * * *

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *



                              water rights


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

           *       *       *       *       *       *       *

                              ----------                              


FEDERAL AID IN WILDLIFE RESTORATION ACT

           *       *       *       *       *       *       *


  Sec. 2. For the purposes of this Act the term ``wildlife-
restoration project'' shall be construed to include the 
wildlife conservation and restoration program and to mean and 
include the selection, restoration, rehabilitation, and 
improvement of areas of land or water adaptable as feeding, 
resting, or breeding places for wildlife, including acquisition 
by purchase, condemnation, lease, or gift of such areas or 
estates or interests therein as are suitable or capable of 
being made suitable therefor, and the construction thereon or 
therein of such works as may be necessary to make them 
available for such purposes and also including such research 
into problems of wildlife management as may be necessary to 
efficient administration affecting wildlife resources, and such 
preliminary or incidental costs and expenses as may be incurred 
in and about such projects; the term ``State fish and game 
department or State fish and wildlife department'' shall be 
construed to mean and include any department or division of 
department of another name, or commission, or official or 
officials, of a State empowered under its laws to exercise the 
functions ordinarily exercised by a State fish and game 
department[.]; the term ``conservation'' shall be construed to 
mean the use of methods and procedures necessary or desirable 
to sustain healthy populations of wildlife including all 
activities associated with scientific resources management such 
as research, census, monitoring of populations, acquisition, 
improvement and management of habitat, live trapping and 
transplantation, wildlife damage management, and periodic or 
total protection of a species or population as well as the 
taking of individuals within wildlife stock or population if 
permitted by applicable State and Federal law; the term 
``wildlife conservation and restoration program'' means a 
program developed by a State fish and wildlife department and 
approved by the Secretary under section 4(d), the projects that 
constitute such a program, which may be implemented in whole or 
part through grants and contracts by a State to other State, 
Federal, or local agencies (including those that gather, 
evaluate, and disseminate information on wildlife and their 
habitats), wildlife conservation organizations, and outdoor 
recreation and conservation education entities from funds 
apportioned under this title, and maintenance of such projects; 
the term ``wildlife'' shall be construed to mean any species of 
wild, free-ranging fauna including fish, and also fauna in 
captive breeding programs the object of which is to reintroduce 
individuals of a depleted indigenous species into previously 
occupied range; the term ``wildlife-associated recreation'' 
shall be construed to mean projects intended to meet the demand 
for outdoor activities associated with wildlife including, but 
not limited to, hunting and fishing, wildlife observation and 
photography, such projects as construction or restoration of 
wildlife viewing areas, observation towers, blinds, platforms, 
land and water trails, water access, trail heads, and access 
for such projects; and the term ``wildlife conservation 
education'' shall be construed to mean projects, including 
public outreach, intended to foster responsible natural 
resource stewardship.
  Sec. 3. (a)(1) An amount equal to all revenues accruing each 
fiscal year (beginning with the fiscal year 1975) from any tax 
imposed on specified articles by sections 4161(b) and 4181 of 
the Internal Revenue Code of 1986 (26 U.S.C. 4161(b), 4181) 
shall, subject to the exemptions in section 4182 of such Code, 
be covered into the Federal aid to wildlife restoration fund in 
the Treasury (hereinafter referred to as the ``fund'') and is 
authorized to be appropriated and made available until expended 
to carry out the purposes of this Act. So much of such 
appropriation apportioned to any State for any fiscal year as 
remains unexpended at the close thereof is authorized to be 
made available for expenditure in that State until the close of 
the succeeding fiscal year. Any amount apportioned to any State 
under the provisions of this Act which is unexpended or 
unobligated at the end of the period during which it is 
available for expenditure on any project is authorized to be 
made available for expenditure by the Secretary of Agriculture 
in carrying out the provisions of the Migratory Bird 
Conservation Act.
  (2) There is established in the Federal aid to wildlife 
restoration fund a subaccount to be known as the ``wildlife 
conservation and restoration account''. Amounts transferred to 
the fund for a fiscal year under section 5(b)(3) of the 
Conservation and Reinvestment Act of 1999 shall be deposited in 
the subaccount and shall be available without further 
appropriation, in each fiscal year, for apportionment in 
accordance with this Act to carry out State wildlife 
conservation and restoration programs.

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *

  Sec. 8. (a) Maintenance of wildlife-restoration projects 
established under the provisions of this Act shall be the duty 
of the State in accordance with their respective laws. 
Beginning July 1, 1945, the term ``wildlife-restoration 
project'', as defined in section 2 of this Act, shall include 
maintenance of completed projects. Notwithstanding any other 
provisions of this Act, funds apportioned to a State under this 
Act may be expended by the State for management (exclusive of 
law enforcement and public relations) of wildlife areas and 
resources. Funds available from the amount transferred to the 
fund from the Conservation and Reinvestment Act Fund may be 
used for a wildlife conservation education program, except that 
no such funds may be used for education efforts, projects, or 
programs that promote or encourage opposition to the regulated 
taking of wildlife.

           *       *       *       *       *       *       *

                              ----------                              


URBAN PARK AND RECREATION RECOVERY ACT OF 1978

           *       *       *       *       *       *       *


          TITLE X--URBAN PARK AND RECREATION RECOVERY PROGRAM


                              short title

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

           *       *       *       *       *       *       *

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

                              definitions

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

           *       *       *       *       *       *       *

          (j) ``State'' means any State of the United States or 
        any instrumentality of a State approved by the 
        Governor; the Commonwealth of Puerto Rico, and insular 
        areas; [and]
          (k) ``insular areas'' means Guam, the Virgin Islands, 
        American Samoa, and the Northern Mariana Islands[.];
          (l) ``development grants''--
                  (1) subject to subparagraph (2) means 
                matching capital grants to units of local 
                government to cover costs of development, land 
                acquisition, and construction on existing or 
                new neighborhood recreation sites, including 
                indoor and outdoor recreational areas and 
                facilities, support facilities, and 
                landscaping; and
                  (2) does not include routine maintenance, and 
                upkeep activities; and
          (m) ``Secretary'' means the Secretary of the 
        Interior.
  Sec. 1005. [(a) Eligibility of general purpose local 
governments for assistance under this title shall be based upon 
need as determined by the Secretary. Within one hundred and 
twenty days after the effective date of this title, the 
Secretary shall publish in the Federal Register, a list of the 
local governments eligible to participate in this program, to 
be accompanied by a discussion of criteria used in determining 
eligibility. ``Such criteria shall be based upon factors which 
the Secretary determines are related to deteriorated 
recreational facilities or systems, and physical and economic 
distress.''] (a) Eligibility of general purpose local 
governments to compete for assistance under this title shall be 
based upon need as determined by the Secretary. Generally, 
eligible general purpose local governments shall include the 
following:
          (1) All political subdivisions of Metropolitan, 
        Primary, or Consolidated Statistical Areas, as 
        determined by the most recent Census.
          (2) Any other city, town, or group of cities or towns 
        (or both) within such a Metropolitan Statistical Area, 
        that has a total population of 50,000 or more as 
        determined by the most recent Census.
          (3) Any other county, parish, or township with a 
        total population of 250,000 or more as determined by 
        the most recent Census.

           *       *       *       *       *       *       *


                      [grants to implement program

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


                                 grants


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

           *       *       *       *       *       *       *


          local commitments to system recovery and maintenance

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

           *       *       *       *       *       *       *


                         state action incentive

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

           *       *       *       *       *       *       *


                   [conversion of recreation property

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


                   conversion of recreation property


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

           *       *       *       *       *       *       *


                    [authorization of appropriations

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


treatment of amounts transferred from conservation and reinvestment act 
                                  fund


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

           *       *       *       *       *       *       *


                    [sunset and reporting provisions

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

           *       *       *       *       *       *       *

                              ----------                              


NATIONAL HISTORIC PRESERVATION ACT

           *       *       *       *       *       *       *


TITLE I

           *       *       *       *       *       *       *


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

           *       *       *       *       *       *       *


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

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

           *       *       *       *       *       *       *


                            DISSENTING VIEWS

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

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