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107th Congress                                            Rept. 107-758
                        HOUSE OF REPRESENTATIVES
 2d Session                                                      Part 1

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



 
                   CONSERVATION AND REINVESTMENT ACT

                                _______
                                

                October 16, 2002.--Ordered to be printed

                                _______
                                

  Mr. Hansen, from the Committee on Resources, submitted the following

                              R E P O R T

                        [To accompany H.R. 701]

  The Committee on Resources, to whom was referred the bill 
(H.R. 701) to use royalties from Outer Continental Shelf oil 
and gas production to establish a fund to meet the outdoor 
conservation and recreation needs of the American people, and 
for other purposes, having considered the same, report 
favorably thereon with an amendment and recommend that the bill 
as amended do pass.
  The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

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

SEC. 2. TABLE OF CONTENTS.

  The table of contents for this division is as follows:

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

          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.
Sec. 211. Requirements for acquisition of lands in Montana with Federal 
portion.

            TITLE III--WILDLIFE CONSERVATION AND RESTORATION

Sec. 301. Purpose.
Sec. 302. Technical correction.
Sec. 303. Treatment of amounts transferred from Conservation and 
Reinvestment Act Fund.
Sec. 304. Apportionment to Indian tribes.
Sec. 305. Existing appropriations not affected.

    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.
Sec. 503. Funding for maritime heritage programs.

             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--ENDANGERED AND THREATENED SPECIES RECOVERY

Sec. 701. Purposes.
Sec. 702. Treatment of amounts transferred from Conservation and 
Reinvestment Act Fund.
Sec. 703. Endangered and threatened species recovery assistance.
Sec. 704. Endangered and Threatened Species Recovery Agreements.
Sec. 705. Definitions.

 TITLE VIII--FUNDING FOR PAYMENTS IN LIEU OF TAXES AND REFUGE REVENUE 
                                SHARING

Sec. 801. Purpose.
Sec. 802. Treatment of amounts transferred from Conservation and 
Reinvestment Act Fund.
Sec. 803. Additional amounts for payments in lieu of taxes.

     TITLE IX--PROTECTION OF SOCIAL SECURITY AND MEDICARE BENEFITS

Sec. 901. Protection of social security and medicare benefits.

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 et seq.).
          (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 et seq.).
          (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 et seq.), the Pittman-
        Robertson Wildlife Restoration Act (16 U.S.C. 669 et seq.), the 
        Urban Park and Recreation Recovery Act of 1978 (16 U.S.C. 2501 
        et seq.), or the National Historic Preservation Act (16 U.S.C. 
        470h et seq.).
          (8) The term ``Indian tribe''--
                  (A) except as provided in subparagraph (B), means any 
                federally recognized Indian tribe; and
                  (B) in the case of Alaska, means only a Native 
                corporation, as that term is defined in section 3 of 
                the Alaska Native Claims Settlement Act (43 U.S.C. 
                1602).
          (9) The term ``leased tract'' means a tract, leased under 
        section 6 or 8 of the Outer Continental Shelf Lands Act (43 
        U.S.C. 1335, 1337) for the purpose of drilling for, developing, 
        and producing oil or 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.
          (10) 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.
          (11) 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.
          (12) 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, 2001 (unless the lease 
        was issued prior to the establishment of the moratorium and was 
        in production on January 1, 2001).
          (13) 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, 2001, unless the lease was issued 
        prior to the establishment of the moratorium and was in 
        production on January 1, 2001.
          (14) The term ``Secretary'' means the Secretary of the 
        Interior or the Secretary's designee, except as otherwise 
        specifically provided.
          (15) 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. The report shall include, in accordance with regulations 
prescribed by the Secretary, 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 
by the Governor regarding any portion of such moneys.
  (b) Report to Congress.--On January 1 of each year the Secretary of 
the Interior shall submit an annual report to the Congress documenting 
all moneys expended by the Secretary of the Interior 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 
2001, 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 $3,135,000,000 and the amounts deposited in 
        the Fund under paragraphs (2) and (3), 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).
  (b) Transfer for Expenditure.--In each fiscal year after the fiscal 
year 2002, 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 Pittman-Robertson 
        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 et seq.).
          (5) $160,000,000 to the Secretary of the Interior for 
        historic preservation purposes, of which--
                  (A) $150,000,000 shall be used to carry out the 
                National Historic Preservation Act (16 U.S.C. 470 et 
                seq.); and
                  (B) $10,000,000 shall be used to carry out the 
                National Maritime Heritage Act of 1994.
          (6) $200,000,000 to the Secretary of the Interior and the 
        Secretary of Agriculture to carry out title VI of this Act.
          (7) $50,000,000 to the Secretary of the Interior to develop 
        and implement Endangered and Threatened Species Recovery 
        Agreements under of title VII of this Act.
          (8) $350,000,000 to the Secretary of the Interior to carry 
        out title VIII of this Act.
  (c) Shortfall.--If amounts referred to in paragraphs (1) through (3) 
of subsection (a) in any fiscal year after the fiscal year 2001 are 
less than $3,135,000,000, the amounts transferred under paragraphs (1) 
through (8) of subsection (b) for that fiscal year shall each be 
reduced proportionately.
  (d) Interest.--The Secretary of the Treasury shall invest moneys in 
the Fund (including interest), and in any fund or account to which 
moneys are transferred pursuant to subsection (b) of this section, in 
public debt securities with maturities suitable to the needs of the 
Fund, as determined by the Secretary of the Treasury, and bearing 
interest at rates determined by the Secretary of the Treasury, taking 
into consideration current market yields on outstanding marketable 
obligations of the United States of comparable maturity. Such invested 
moneys shall remain invested until needed to meet requirements for 
disbursement for the programs financed under this Act.
  (e) Refunds.--In those instances where through judicial decision, 
administrative review, arbitration, or other means there are royalty 
refunds owed to entities generating revenues under this title, refunds 
shall be paid by the Secretary of the Treasury from amounts available 
in the Fund to the extent that such refunds are attributable to 
qualified Outer Continental Shelf revenues deposited in the Fund under 
this Act.
  (f) Intent of Congress To Supplement Annual Appropriations for 
National Park Service.--Amounts made available by this Act are intended 
by the Congress to supplement, and not detract from, annual 
appropriations for the National Park Service.

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 section 4(c)(3) of the Pittman-Robertson Wildlife Restoration 
Act.

SEC. 7. RECORDKEEPING REQUIREMENTS.

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

SEC. 8. MAINTENANCE OF EFFORT AND MATCHING FUNDING.

  (a) In General.--It is the intent of the Congress in this Act that 
States not use this Act as an opportunity to reduce State or local 
resources for the programs funded by this Act. Except as provided in 
subsection (b), no State or local government shall receive any funds 
under this Act during any fiscal year when its expenditures of non-
Federal funds for recurrent expenditures for programs for which funding 
is provided under this Act will be less than its expenditures were for 
such programs during the preceding fiscal year. No State or local 
government shall receive funding under this Act with respect to a 
program unless the Secretary is satisfied that such a grant will be so 
used to supplement and, to the extent practicable, increase the level 
of State, local, or other non-Federal funds available for such program.
  (b) Exception.--The Secretary may provide funding under this Act to a 
State or local government not meeting the requirements of subsection 
(a) if the Secretary determines that a reduction in expenditures--
          (1) is attributable to a nonselective reduction in 
        expenditures for the programs of all executive branch agencies 
        of the State or local government; or
          (2) is a result of reductions in State or local revenue as a 
        result of a downturn in the economy.
  (c) Use of Fund To Meet Matching Requirements.--All funds received by 
a State or local government under this Act shall be treated as Federal 
funds for purposes of compliance with any provision in effect under any 
other law requiring that non-Federal funds be used to provide a portion 
of the funding for any program or project.

SEC. 9. SUNSET.

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

SEC. 10. PROTECTION OF PRIVATE PROPERTY RIGHTS.

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

SEC. 11. SIGNS.

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

SEC. 12. APPROPRIATION BY STATE LEGISLATURES.

  Any funds received by the States of Colorado, Oklahoma, Arizona, 
Connecticut, Delaware, and New Mexico from amounts made available by 
this Act shall be subject to appropriation by the State legislature, 
consistent with the terms and conditions required under the provisions 
of Federal law under which the funds are provided to the State.

          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) Fifty percent of such revenues shall be allocated 
                among the coastal States as provided in paragraph (2).
                  (B) Twenty-five 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) Twenty-five percent of such revenues shall be 
                allocated to each coastal State based on the ratio of 
                each State's coastal population to the coastal 
                population of all coastal States.
          (2) Offshore outer continental shelf share.--If any portion 
        of a producing State lies within a distance of 200 miles from 
        the geographic center of any leased tract with qualified Outer 
        Continental Shelf revenues, the Secretary of the Interior shall 
        determine such State's allocable share under paragraph (1)(A) 
        based on the formula set forth in this paragraph. Such State 
        share shall be calculated as of the date of the enactment of 
        this Act. Each such State's allocable share of the revenues 
        disbursed under paragraph (1)(A) shall be based on qualified 
        Outer Continental Shelf revenues from each leased tract or 
        portion of a leased tract the geographic center of which is 
        within a distance (to the nearest whole mile) of 200 miles from 
        the coastline of the State and shall be inversely proportional 
        to the distance between the nearest point on the coastline of 
        such State and the geographic center of each such leased tract 
        or portion, as determined by the Secretary. 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, 2001, unless 
        the lease was issued prior to the establishment of the 
        moratorium and was in production on January 1, 2001.
          (3) Minimum state share.--
                  (A) In general.--The allocable share of revenues 
                determined by the Secretary under this subsection for 
                each coastal State with an approved coastal management 
                program (as defined by the Coastal Zone Management Act 
                (16 U.S.C. 1451)), or which is making satisfactory 
                progress toward one, shall not be less in any fiscal 
                year than 0.50 percent of the total amount of the 
                revenues transferred by the Secretary of the Treasury 
                to the Secretary of the Interior for purposes of this 
                title for that fiscal year under subsection (a). For 
                any other coastal State the allocable share of such 
                revenues shall not be less than 0.25 percent of such 
                revenues.
                  (B) Recomputation.--Where one or more coastal States' 
                allocable shares, as computed under paragraphs (1) and 
                (2), are increased by any amount under this paragraph, 
                the allocable share for all other coastal States shall 
                be recomputed and reduced by the same amount so that 
                not more than 100 percent of the amount transferred by 
                the Secretary of the Treasury to the Secretary of the 
                Interior for purposes of this title for that fiscal 
                year under section 5(b)(1) is allocated to all coastal 
                States. The reduction shall be divided pro rata among 
                such other coastal States.
  (c) Payments to Political Subdivisions.--In the case of a producing 
State, the Governor of the State shall pay 50 percent of the State's 
allocable share, as determined under subsection (b), to the coastal 
political subdivisions in such State. Such payments shall be allocated 
among such coastal political subdivisions of the State according to an 
allocation formula analogous to the allocation formula used in 
subsection (b) to allocate revenues among the coastal States, except 
that a coastal political subdivision in the State of California that 
has a coastal shoreline, that is not within 200 miles of the geographic 
center of a leased tract or portion of a leased tract, and in which 
there is located one or more oil refineries shall be eligible for that 
portion of the allocation described in subsection (b)(1)(A) and (b)(2) 
in the same manner as if that political subdivision were located within 
a distance of 50 miles from the geographic center of the closest leased 
tract with qualified Outer Continental Shelf revenues.
  (d) Time of Payment.--Payments to coastal States and coastal 
political subdivisions under this section shall be made not later than 
December 31 of each year from revenues received during the immediately 
preceding fiscal year.

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

  (a) Development and Submission of State Plans.--Each coastal State 
seeking to receive grants under this title shall prepare, and submit to 
the Secretary, a Statewide Coastal State Conservation and Impact 
Assistance Plan. In the case of a producing State, the Governor shall 
incorporate the plans of the coastal political subdivisions into the 
Statewide plan for transmittal to the Secretary. The Governor shall 
solicit local input and shall provide for public participation in the 
development of the Statewide plan. The plan shall be submitted to the 
Secretary by April 1 of the calendar year after the calendar year in 
which this Act is enacted.
  (b) Approval or Disapproval.--
          (1) In general.--Approval of a Statewide plan under 
        subsection (a) is required prior to disbursement of funds under 
        this title by the Secretary. The Secretary shall approve the 
        Statewide plan if the Secretary determines, in consultation 
        with the Secretary of Commerce, that the plan is consistent 
        with the uses set forth in subsection (c) and if the plan 
        contains each of the following:
                  (A) The name of the State agency that will have the 
                authority to represent and act for the State in dealing 
                with the Secretary for purposes of this title.
                  (B) A program for the implementation of the plan 
                which shall include (i) a description of how the plan 
                will address environmental concerns, (ii) for producing 
                States, a description of how funds will be used to 
                address the impacts of oil and gas production from the 
                Outer Continental Shelf, and (iii) a description of how 
                the State will evaluate the effectiveness of the plan.
                  (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 in compliance with Federal and State law 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 7, the Secretary shall review the expenditures 
made by each State and coastal political subdivision from funds made 
available under this title. If the Secretary determines that any 
expenditure made by a State or coastal political subdivision of a State 
from such funds is not consistent with the authorized uses set forth in 
subsection (c), the Secretary shall not make any further grants under 
this title to that State until the funds used for such expenditure have 
been repaid to the Conservation and Reinvestment Act Fund.

       TITLE II--LAND AND WATER CONSERVATION FUND REVITALIZATION

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

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

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.''.

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 2002. 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 2002 without further appropriation to carry out this Act.
  ``(b) Obligation and Expenditure of Available Amounts.--Amounts 
available for obligation or expenditure from the fund or from the 
special account established under section 4(i)(1) may be obligated or 
expended only as provided in this Act.''.

SEC. 204. ALLOCATION OF FUND.

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

SEC. 205. USE OF FEDERAL PORTION.

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

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

  (a) In General.--Section 6(b) (16 U.S.C. 460l-8(b)) is amended to 
read as follows:
  ``(b) Distribution Among the States.--(1) Sums in the fund available 
each fiscal year for State purposes shall be apportioned among the 
several States by the Secretary, in accordance with this subsection. 
The determination of the apportionment by the Secretary shall be final.
  ``(2) Subject to paragraph (3), of sums in the fund available each 
fiscal year for State purposes--
          ``(A) 30 percent shall be apportioned equally among the 
        several States; and
          ``(B) 70 percent shall be apportioned so that the ratio that 
        the amount apportioned to each State under this subparagraph 
        bears to the total amount apportioned under this subparagraph 
        for the fiscal year is equal to the ratio that the population 
        of the State bears to the total population of all States.
  ``(3) The total allocation to an individual State for a fiscal year 
under paragraph (2) shall not exceed 10 percent of the total amount 
allocated to the several States under paragraph (2) for that fiscal 
year.
  ``(4) The Secretary shall notify each State of its apportionment, and 
the amounts thereof shall be available thereafter to the State for 
planning, acquisition, or development projects as hereafter described. 
Any amount of any apportionment under this subsection that has not been 
paid or obligated by the Secretary during the fiscal year in which such 
notification is given and the two fiscal years thereafter shall be 
reapportioned by the Secretary in accordance with paragraph (2), but 
without regard to the 10 percent limitation to an individual State 
specified in paragraph (3).
  ``(5)(A) For the purposes of paragraph (2)(A)--
          ``(i) the District of Columbia shall be treated as a State; 
        and
          ``(ii) Puerto Rico, the Virgin Islands, Guam, and American 
        Samoa--
                  ``(I) shall be treated collectively as one State; and
                  ``(II) shall each be allocated an equal share of any 
                amount distributed to them pursuant to clause (i).
  ``(B) Each of the areas referred to in subparagraph (A) shall be 
treated as a State for all other purposes of this Act.''.
  (b) Tribes and Alaska Native Corporations.--Section 6(b)(5) (16 
U.S.C. 460l-8(b)(5)) is further amended by adding at the end the 
following new subparagraph:
  ``(C) For the purposes of paragraph (1), all federally recognized 
Indian tribes, or in the case of Alaska, Native Corporations (as 
defined in section 3 of the Alaska Native Claims Settlement Act (43 
U.S.C. 1602)), shall be eligible to receive shares of the apportionment 
under paragraph (1) in accordance with a competitive grant program 
established by the Secretary by rule. The total apportionment available 
to such tribes, or in the case of Alaska, Native Corporations shall be 
equivalent to the amount available to a single State. No single tribe, 
nor in the case of Alaska, Native Corporation shall receive a grant 
that constitutes more than 10 percent of the total amount made 
available to all tribes and Alaska Native Corporations pursuant to the 
apportionment under paragraph (1). Funds received by a tribe, or in the 
case of Alaska, Native Corporation under this subparagraph may be 
expended only for the purposes specified in clauses (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.''.
  (d) State Projects of Regional or National Significance.--Section 
6(b) (16 U.S.C. 460l-8(b)) is amended by adding the following at the 
end:
  ``(7)(A) Any amounts available in addition to those amounts made 
available under section 5 of the Conservation and Reinvestment Act in a 
fiscal year shall be available without further appropriation to the 
Secretary of the Interior to be distributed among the several States 
under a competitive grant program for State projects as authorized 
under section 6(e)(1) of national or regional significance involving 
one or more States.
  ``(B) The Secretary shall award grants only to projects that would 
conserve open space and either conserve wildlife habitat, protect water 
quality, or otherwise enhance the environment, or that would protect 
areas that have historic or cultural value. The Secretary shall give 
preference to projects that would be most likely to have the greatest 
benefit to the environment regionally or nationally and would maintain 
or enhance recreational opportunities.''.
  (e) State Matching Funds.--Section 6(c) (16 U.S.C. 460l-8(c)) is 
amended by inserting ``(1)'' before ``Payments'', and by adding at the 
end the following:
  ``(2) The Secretary--
          ``(A) shall apply to the share of costs required to be borne 
        by a State under paragraph (1) any portion of such costs paid 
        with non-Federal funds provided by a person other than the 
        State; and
          ``(B) shall not apply to such State cost share the value of 
        any in-kind contribution, other than contributions of services 
        authorized under paragraph (1).''.

SEC. 207. STATE PLANNING.

  (a) State Action Agenda Required.--
          (1) In general.--Section 6(d) (16 U.S.C. 460l-8(d)) is 
        amended to read as follows:
  ``(d) State Action Agenda Required.--(1) Each State may define its 
own priorities and criteria for selection of outdoor conservation and 
recreation acquisition and development projects eligible for grants 
under this Act, so long as the priorities and criteria defined by the 
State are consistent with the purposes of this Act, the State provides 
for public involvement in this process, and the State publishes an 
accurate and current State Action Agenda for Community Conservation and 
Recreation (in this Act referred to as the `State Action Agenda') 
indicating the needs it has identified and the priorities and criteria 
it has established. In order to assess its needs and establish its 
overall priorities, each State, in partnership with its local 
governments and Federal agencies, and in consultation with its 
citizens, shall develop, within 5 years after the enactment of the 
Conservation and Reinvestment Act, a State Action Agenda that meets the 
following requirements:
          ``(A) The agenda must be strategic, originating in broad-
        based and long-term needs, but focused on actions that can be 
        funded over the next 5 years.
          ``(B) The agenda must be updated at least once every 5 years 
        and certified by the Governor that theState 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.''.

SEC. 211. REQUIREMENTS FOR ACQUISITION OF LANDS IN MONTANA WITH FEDERAL 
                    PORTION.

  Section 7 (16 U.S.C. 460l-9) is further amended by adding at the end 
the following:
  ``(h) Requirements for Acquisition of Lands in Montana.--The 
Secretary of the Interior and the Secretary of Agriculture shall 
jointly develop and issue a plan for acquisition and disposal of lands 
in the State of Montana that will result in consolidation of forest 
reserves created from the public domain and private inholdings within 
those reserves. The plan shall be designed to ensure that--
          ``(1) acquisitions of lands with the Federal portion 
        consolidate Federal ownership of lands in Montana under the 
        administrative jurisdiction of the Department of the Interior 
        and the Forest Service; and
          ``(2) any increase in the total acreage of lands in Montana 
        under those administrative jurisdictions that results from 
        acquisitions of lands with the Federal portion is de 
        minimis.''.

            TITLE III--WILDLIFE CONSERVATION AND RESTORATION

SEC. 301. PURPOSE.

  The purpose of this title is to ensure adequate funding of the 
Wildlife Conservation and Restoration Planning program established 
under the amendments to the Pittman-Robertson Wildlife Restoration Act 
(16 U.S.C. 669 et seq.) enacted by H.R. 5548 as introduced in the 106th 
Congress and enacted, by reference, by Public Law 106-553.

SEC. 302. TECHNICAL CORRECTION.

  (a) Correction of Subsection Designation.--Section 4 of the Pittman-
Robertson Wildlife Restoration Act (16 U.S.C. 669c) is amended by 
redesignating the first subsection (c) (relating to revenues from 
pistols, revolvers, bows, and arrows) as subsection (e) and movingsuch 
subsection so as to appear after subsection (d) of that section.
  (b) Conforming Amendments.--Such Act is further amended--
          (1) in section 4(b) (16 U.S.C. 669c(b)) by striking 
        ``subsection (c)'' and inserting ``subsection (e)'';
          (2) in section 8(b) (16 U.S.C. 669g(b)) by striking ``section 
        4(c)'' and inserting ``section 4(e); and
          (3) in section 10 (16 U.S.C. 669h-1) by striking ``section 
        4(c)'' each place it appears and inserting ``section 4(e)''.

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

  Section 3(a)(2) of the Pittman-Robertson Wildlife Restoration Act (16 
U.S.C. 669b(a)(2)) is amended to read as follows:
  ``(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 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.''.

SEC. 304. APPORTIONMENT TO INDIAN TRIBES.

  (a) In General.--Section 4(c)(1) of the Pittman-Robertson Wildlife 
Restoration Act (16 U.S.C. 669c(c)(1)) is amended--
          (1) in the matter preceding subparagraph (A) by striking 
        ``from'' and inserting ``from amounts available each fiscal 
        year from''; and
          (2) by adding at the end the following:
                  ``(C) To Indian tribes, a sum equal to not more than 
                2\1/4\ percent thereof, of which--
                          ``(i) \1/3\ shall be allocated based on the 
                        ratio to which the trust land area of each 
                        Indian tribe bears to the total trust land area 
                        of all Indian tribes; and
                          ``(ii) \2/3\ shall be allocated based on the 
                        ratio to which the population of each Indian 
                        tribe bears to the total population of all 
                        Indian tribes;
                except that no Indian tribe shall receive more than 5 
                percent of the total amount made available in a fiscal 
                year to Indian tribes under this subsection.''.
  (b) Treatment of Apportionments to Indian Tribes.--Section 4 of such 
Act (16 U.S.C. 669c) is amended by adding at the end the following:
  ``(f) Treatment of Apportionments to Indian Tribes.--For purposes of 
the treatment under this Act of amounts apportioned to Indian tribes 
under subsection (c)(1)(C), the term `State' includes an Indian 
tribe.''.
  (c) Indian Tribe Defined.--Section 2 of such Act (16 U.S.C. 669a) is 
amended--
          (1) by redesignating paragraphs (2) through (8) in order as 
        paragraphs (3) through (9); and
          (2) by inserting after paragraph (1) the following:
          ``(2) The term `Indian tribe'--
                  ``(A) except as provided in subparagraph (B), means 
                any federally recognized Indian tribe; and
                  ``(B) in the case of Alaska, means only a Native 
                corporation, as that term is defined in section 3 of 
                the Alaska Native Claims Settlement Act (43 U.S.C. 
                1602);''.
  (d) Conforming Amendments.--Such Act is amended--
          (1) in section 3(c)(2) (16 U.S.C. 669b(c)(2)) by striking 
        ``or an Indian tribe''; and
          (2) in section 4(d)(5) (16 U.S.C. 669c(d)(5))--
                  (A) by striking ``and the Commonwealth'' and 
                inserting ``the Commonwealth''; and
                  (B) by inserting before the period the following: ``, 
                and, except for purposes of subsection (c)(2), each 
                Indian tribe''.

SEC. 305. EXISTING APPROPRIATIONS NOT AFFECTED.

  Nothing in this title shall apply to or otherwise affect the 
availability or use of amounts appropriated before the date of the 
enactment of this Act. Such amounts may be expended as if this Act and 
the amendments made by this Act were not enacted.

    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 et seq.).

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 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 than 3 percent may be used for grants for the 
        development of local park and recreation recovery action 
        programs pursuant to sections 1007(a) and 1007(c);
          ``(2) not more than 10 percent may be used for innovation 
        grants pursuant to section 1006; and
          ``(3) not more than 15 percent may be provided as grants (in 
        the aggregate) for projects in any one State.
  ``(c) Limitation on Use for Grant Administration.--The Secretary 
shall establish a limit on the portion of any grant under this title 
that may be used for grant and program administration.''.

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

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

SEC. 405. DEFINITIONS.

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

SEC. 406. ELIGIBILITY.

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

SEC. 407. GRANTS.

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

SEC. 408. RECOVERY ACTION PROGRAMS.

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

SEC. 409. STATE ACTION INCENTIVES.

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

SEC. 410. CONVERSION OF RECREATION PROPERTY.

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

SEC. 411. REPEAL.

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

                  TITLE V--HISTORIC PRESERVATION FUND

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

  Section 108 of the National Historic Preservation Act (16 U.S.C. 
470h) is amended--
          (1) by inserting ``(a)'' before the first sentence;
          (2) in subsection (a) (as designated by paragraph (1) of this 
        section) by striking all after the first sentence; and
          (3) by adding at the end the following:
  ``(b) Amounts transferred to the Secretary under section 5(b)(5) of 
the Conservation and Reinvestment Act in a fiscal year shall be 
deposited into the Fund and shall be available without further 
appropriation only to provide grants and other financial and technical 
assistance under this Act to States, Indian tribes, local governments, 
and other non-Federal governmental entities.
  ``(c) At least one-half 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 et 
seq.) 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.''.

SEC. 503. FUNDING FOR MARITIME HERITAGE PROGRAMS.

  Section 6 of the National Maritime Heritage Act of 1994 (16 U.S.C. 
5405) is amended--
          (1) by redesignating subsection (d) as subsection (e), and by 
        inserting after subsection (c) the following:
  ``(d) Availability of Funds From Conservation and Reinvestment Act 
Fund.--Amounts transferred to the Secretary under section 5(b)(8) of 
the Conservation and Reinvestment Act shall be available until expended 
and without further appropriation to carry out the Program as provided 
in subsection (b).''; and
          (2) in subsection (b), by striking ``subsection (a)(1)(C)'' 
        each place it appears and inserting ``this section''.

             TITLE VI--FEDERAL AND INDIAN LANDS RESTORATION

SEC. 601. PURPOSE.

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

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

  (a) In General.--Amounts transferred to the Secretary of the Interior 
and the Secretary of Agriculture under section 5(b)(6) of this Act in a 
fiscal year shall be available without further appropriation to carry 
out this title.
  (b) Allocation.--Amounts referred to in subsection (a) year shall be 
allocated and available as follows:
          (1) Department of the interior.--Sixty 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.--Thirty 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.--Ten 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''--
          (1) except as provided in paragraph (2), means any federally 
        recognized Indian tribe; and
          (2) in the case of Alaska, means only a Native corporation, 
        as that term is defined in section 3 of the Alaska Native 
        Claims Settlement Act (43 U.S.C. 1602).

         TITLE VII--ENDANGERED AND THREATENED SPECIES RECOVERY

SEC. 701. PURPOSES.

  The purposes of this title 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. 702. TREATMENT OF AMOUNTS TRANSFERRED FROM CONSERVATION AND 
                    REINVESTMENT ACT FUND.

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

SEC. 703. ENDANGERED AND THREATENED SPECIES RECOVERY ASSISTANCE.

  (a) Financial Assistance.--The Secretary may use amounts made 
available under section 702 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 
704.
  (b) Priority.--In providing assistance under this section, the 
Secretary shall give priority to the development and implementation of 
species recovery agreements that--
          (1) implement actions identified under recovery plans 
        approved by the Secretary under section 4(f) of the Endangered 
        Species Act of 1973 (16 U.S.C. 1533(f));
          (2) have the greatest potential for contributing to the 
        recovery of an endangered or threatened species; and
          (3) to the extent practicable, require use of the assistance 
        on land owned by a small landowner.
  (c) Prohibition on Assistance for Required Activities.--The Secretary 
may not provide financial assistance under this section for any action 
that is required by a permit issued under section 10(a)(1)(B) of the 
Endangered Species Act of 1973 (16 U.S.C. 1539(a)(1)(B)) or an 
incidental take statement issued under section 7 of that Act (16 U.S.C. 
1536), or that is otherwise required under that Act or any other 
Federal law.
  (d) Payments Under Other Programs.--
          (1) Other payments not affected.--Financial assistance 
        provided to a person under this section shall be in addition 
        to, and shall not affect, the total amount of payments that the 
        person is otherwise eligible to receive under the conservation 
        reserve program established under subchapter B of chapter 1 of 
        subtitle D of title XII of the Food Security Act of 1985 (16 
        U.S.C. 3831 et seq.), the wetlands reserve program established 
        under subchapter C of that chapter (16 U.S.C. 3837 et seq.), 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. 704. ENDANGERED AND THREATENED SPECIES RECOVERY AGREEMENTS.

  (a) In General.--The Secretary may enter into Endangered and 
Threatened Species Recovery Agreements for purposes of this title 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. 705. DEFINITIONS.

  In this title:
          (1) Endangered or threatened species.--The term ``endangered 
        or threatened species'' means any species that is listed as an 
        endangered species or threatened species under section 4 of the 
        Endangered Species Act of 1973 (16 U.S.C. 1533).
          (2) Secretary.--The term ``Secretary'' means the Secretary of 
        the Interior or the Secretary of Commerce, in accordance with 
        section 3 of the Endangered Species Act of 1973 (16 U.S.C. 
        1532).
          (3) Small landowner.--The term ``small landowner'' means an 
        individual who owns 50 acres or fewer of land.
          (4) Species recovery agreement.--The term ``species recovery 
        agreement'' means an Endangered and Threatened Species Recovery 
        Agreement entered into by the Secretary under section 704.

 TITLE VIII--FUNDING FOR PAYMENTS IN LIEU OF TAXES AND REFUGE REVENUE 
                                SHARING

SEC. 801. PURPOSE.

  The purpose of this title is to ensure adequate funding for--
          (1) payments for entitlement land under chapter 69 of title 
        31, United States Code (relating to payments in lieu of taxes); 
        and
          (2) payments under section 401 of the Act of June 15, 1935 
        (49 Stat. 383; 16 U.S.C. 715s) (relating to refuge revenue 
        sharing).

SEC. 802. TREATMENT OF AMOUNTS TRANSFERRED FROM CONSERVATION AND 
                    REINVESTMENT ACT FUND.

  (a) In General.--Amounts transferred to the Secretary of the Interior 
under section 5(b)(8) of this Act in a fiscal year shall be available 
to the Secretary without further appropriation for payments in 
accordance with this section.
  (b) Allocation.--Of the amounts referred to in subsection (a)--
          (1) $320,000,000 shall be used each fiscal year only for 
        payments under chapter 69 of title 31, United States Code 
        (relating to payments in lieu of taxes); and
          (2) $30,000,000 shall be used each fiscal year only for 
        payments under section 401 of the Act of June 15, 1935 (49 
        Stat. 383; 16 U.S.C. 715s) (relating to refuge revenue 
        sharing).
  (c) Shortfall.--If amounts transferred under paragraphs (1) through 
(8) of section 5(b) for a fiscal year have been reduced under section 
5(c), the amounts set forth in subsection (b) of this section shall 
each be reduced proportionately.

SEC. 803. ADDITIONAL AMOUNTS FOR PAYMENTS IN LIEU OF TAXES.

  In addition to any other amounts available under this Act, there 
shall be available to the Secretary of the Interior each fiscal year, 
from qualified Outer Continental Shelf revenues, such amounts as are 
necessary (after use of funds under section 802(b)(1) of this Act) for 
payments required for the fiscal year under chapter 69 of title 31, 
United States Code.

     TITLE IX--PROTECTION OF SOCIAL SECURITY AND MEDICARE BENEFITS

SEC. 901. PROTECTION OF SOCIAL SECURITY AND MEDICARE BENEFITS.

  No funds shall be transferred under this Act if such expenditure 
diminishes benefit obligations of the Federal Old-Age and Survivors 
Insurance Trust Fund, the Federal Disability Insurance Trust Fund, the 
Federal Hospital Insurance Trust Fund, the Federal Supplementary 
Medical Insurance Trust Fund, the Civil Service Retirement and 
Disability Fund, the Foreign Service Retirement and Disability Fund, or 
the Department of Defense Military Retirement Fund.

                          Purpose of the Bill

    The purpose of H.R. 701 is use royalties from Outer 
Continental Shelf oil and gas production to establish a fund to 
meet the outdoor conservation and recreation needs of the 
American people, and for other purposes.

                  Background and Need for Legislation

    H.R. 701, the Conservation and Reinvestment Act (CARA), 
reinvests revenue generated from the development of non-
renewable resources into conservation and recreation. For 
decades, programs that improve the quality of American life and 
conserve important natural resources have not received adequate 
funding, especially those programs that provide for local 
decision making. CARA addresses this national need in eight 
titles.
    Title I provides up to $1 billion each year to create a 
revenue sharing and coastal conservation fund for coastal 
States and eligible local governments to mitigate the impacts 
of outer continental shelf (OCS) activities and provides monies 
for the conservation of coastal ecosystems. Various provisions 
ensure that the funding provided by this Title does not prove 
to be an incentive to develop areas subject to a pre-leasing, 
leasing, or development moratorium. For example, 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, and CARA 
specifically excludes any tract within a leasing moratorium on 
January 1, 2001.
    Title II provides up to $900 million to guarantee stable 
and annual funding for the Land and Water Conservation Fund 
(LWCF) at its authorized level. Questions have arisen, however, 
regarding whether CARA authorizes the appropriation of an 
additional $900 million on top of the $900 million guaranteed 
funding. The Committee intended to limit the expenditure of 
LWCF funds to $900 million, which is the amount established in 
section 2 of the LWCF Act. Section 203 of CARA amends the LWCF 
Act by first authorizing the expenditure from the LWCF of ``not 
more than $900,000,000'', and second, appropriating that $900 
million. The Committee does not intend to double the amount of 
available LWCF funds, and will further clarify this point, if 
necessary, when the bill is considered by the Full House of 
Representatives.
    Title II equally divides the $900 million between the State 
and federal programs and provides several new protections for 
private property owners. For example, section 205 prohibits the 
federal government from acquiring private property with LWCF 
funds unless the owner of the subject property is a willing 
seller. Accordingly, the federal government may not use adverse 
condemnation to procure private land.
    Title II also makes all federally-recognized Indian tribes 
eligible for Stateside LWCF funds. Currently, Indian tribes may 
expend those funds for planning and development. Property 
acquisition, however, is not an authorized use. During 
Committee consideration of the bill, Congressman Dale Kildee 
(D-MI) indicated that he would not offer an amendment to do so, 
but he wanted to explore the possibility of extending the 
rights of Indian tribes to more fully participate in the 
programs funded by CARA. The Committee agreed to discuss the 
inclusion of a provision broadening the tribes' participation 
in CARA programs in an amendment to be offered when the bill is 
considered by the Full House of Representatives.
    Title III provides up to $350 million for game and nongame 
wildlife conservation and education. 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).
    The Fiscal Year 2001 Commerce, Justice, and State, the 
Judiciary, and Related Agencies Appropriations Act (Public Law 
106-553) included amendments to the Pittman-Robertson Act that 
were similar to Title III of CARA (also H.R. 701) passed by the 
House of Representatives during the 106th Congress. These 
amendments created a third subaccount for wildlife conservation 
within the Pittman-Robertson Act. The language within Title III 
of the 107th Congress' CARA makes conforming changes to allow 
for deposits from the ``CARA fund.'' In addition, amendments 
within the H.R. 701 allow wildlife funding for Indian tribes. 
CARA provides that 2 \1/4\ percent of Title III funds be made 
available to Indian tribes and Alaska Native Corporations for 
wildlife conservation and recreation programs. Funds are 
distributed based upon a formula of \1/3\ land area and \2/3\ 
population.
    Title IV provides up to $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. Title IV also funds the development of improved 
recreation programs, sites, and facilities.
    Title V provides up to $150 million for the programs within 
the Historic Preservation Act, including grants to the States, 
maintenance of the National Register of Historic Places, and 
the administration of numerous historic preservation programs. 
Title V also provides up to $10 million for maritime heritage 
programs.
    Title VI provides up to $200 million for a coordinated 
program on federal and Indian lands to restore degraded 
resources, to protect resources that are threatened with 
degradation, and to protect public health and safety. Title VI 
also funds maintenance activities related to resource 
protection.
    Title VII provides up to $150 million for annual and 
dedicated funding for conservation easements and landowner 
incentives to aid in the recovery of endangered and threatened 
species.
    Title VIII fully funds the Payment In-Lieu of Taxes (PILT) 
and Refuge Revenue Sharing (RRS) Programs at their authorized 
levels, $320 million and $30 million respectively. In the 106th 
Congress, an earlier version of CARA undertook to fund the PILT 
and RRS programs by providing that up to $200 million of the 
annual interest earned from the CARA fund would match, dollar 
for dollar, the amount appropriated during the annual 
Congressional appropriations process. However, unlike the 
version of CARA of the 106th Congress, the 107th CARA 
fullyfunds both PILT and RRS at their authorized levels by simply 
providing all of the funding for the two programs directly from the 
CARA fund.

                            Committee Action

    The Committee on Resources heard testimony from 88 
witnesses at four hearings on H.R. 701 during the 106th 
Congress one in each of the following locations: Washington, 
D.C.; Anchorage, Alaska; New Orleans, Louisiana; and Salt Lake 
City, Utah. The Committee compiled thousands of pages of 
written testimony and comments.
    H.R. 701 passed the House of Representatives in the 106th 
Congress by a bipartisan vote of 315-102. Although the bill 
passed the Senate Committee on Energy and Natural Resources by 
a vote of 13-7, it was not enacted into law. Instead, many of 
the priorities within the bill were funded and new policy was 
enacted as a result of an end-of-the-year agreement between the 
Clinton Administration and Congressional appropriators. The new 
program, based upon Administration priorities, was dubbed 
``CARA-Lite.''
    H.R. 701 was reintroduced in the 107th Congress on February 
11, 2001, by Congressmen Don Young (R-AK), John Dingell (D-MI), 
W. J. ``Billy'' Tauzin (R-LA), George Miller (D-CA), 
Christopher John (D-LA), James V. Hansen (R-UT), Nick J. Rahall 
II (D-WV), Dale E. Kildee (D-MI), John Cooksey (R-LA), and Jim 
Saxton (R-NJ). The bill was referred to the Committee on 
Resources.
    On June 20, 2001, the Committee heard additional testimony 
on H.R. 701, along with testimony on H.R. 1592, a bill 
introduced by Congressman Mac Thornberry (R-TX). Ten witnesses, 
including a mayor, county commissioners, property owners, State 
and Tribal officials, and representatives of national advocacy 
groups provided a general overview of both H.R. 701 and H.R. 
1592.
    On July 25, 2001, the Committee met to mark up H.R. 701. 
Congressman Young of Alaska offered an en bloc amendment making 
technical corrections to the bill and clarifying the State 
cost-sharing provisions of Title I. The amendment was agreed to 
by voice vote.
    Congressman Mark Udall (D-CO) offered an amendment 
increasing the CARA fund from $3.125 billion to $3.225 billion, 
decreasing funding for the Historic Preservation Fund from $150 
million to $100 million, and inserting Title X--Cooperative 
Landscape Conservation Program, to provide matching grants to 
facilitate the acquisition of permanent conservation easements. 
The amendment was withdrawn.
    Congressman Richard W. Pombo (R-CA) offered an amendment to 
section 10 of the bill to provide that no federal agency may 
apply any regulation on any lands until the lands or water is 
acquired, ``unless specifically authorized to do so by another 
Act of Congress.'' The amendment also limited the ability of 
the federal government to regulate private lands and clarifies 
the rights of inholders within federal land boundaries. The 
amendment was not agreed to by a rollcall vote of 17 yeas and 
22 nays, as follows:



    Mr. Pombo offered another amendment reducing the income to 
the Land and Water Conservation Fund from $900 million to $450 
million, increasing funding to the Urban Park and Recreation 
Recovery Program from $125 million to $475 million, increasing 
funding for Endangered Species Recovery from $50 million to 
$150 million, and eliminating the federal side of the LWCF. The 
amendment was not agreed to by a rollcall vote of 16 yeas to 26 
nays, as follows:



    Congressman Walter B. Jones (R-NC) offered an amendment 
prohibiting the use of the federal portion of the LWCF for 
property acquisition in a State if the total cost of deferred 
maintenance for federal property in the State exceeds 
$10,000,000. The amendment was withdrawn.
    Mr. Jones offered another amendment to ensure that funding 
of the Civil Service Retirement and Disability Fund, the 
Foreign Service Retirement and Disability Fund, and the 
Department of Defense Military Retirement Fund will not be 
adversely affected as a result of the expenditure of funds 
through CARA. The amendment was agreed to by voice vote.
    Congressman Mac Thornberry (R-TX) offered an amendment 
prohibiting the use of CARA funds for any aspect of litigation. 
The amendment was initially agreed to by a rollcall vote of 20 
yeas to 17 nays, as follows:



    Congressman Nick J. Rahall (D-WV) later moved to reconsider 
the vote by which the amendment by Mr. Thornberry was agreed 
to. Mr. Thornberry made a motion to lay the Rahall motion on 
the table. The Thornberry motion to table the Rahall motion 
failed on a rollcall vote of 17 to 20, as follows:



    The Rahall motion to reconsider was then agreed to by a 
rollcall vote of 20 yeas to 18 nays, as follows:



    Mr. Thornberry's amendment prohibiting the use of CARA 
funds for litigation was then rejected by voice vote.
    Mr. Thornberry offered another amendment prohibiting the 
use of CARA funds for condemnation, and exempting the 
prohibition on the use of funds for condemnation from the 
bill's sunset provision. The amendment was not agreed to by a 
rollcall vote of 16 yeas to 21 nays, as follows:



    Congressman John E. Peterson (R-PA) offered an amendment 
striking the following language from section 203 of the bill: 
``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 2002.'' Based on an 
understanding that CARA's authors never intended that LWCF 
funding ever exceed $900 million, and an agreement that further 
clarification will be provided if necessary, Mr. Peterson 
withdrew his amendment.
    Mr. Peterson offered another amendment that allows the 
Secretary of the Interior and the Secretary of Agriculture to 
give priority to using CARA funds for maintenance and 
restoration over the use of those funds for land and water 
acquisition, added maintenance as an item that may be included 
in the States' plan for statewide LWCF funding, and allowed 
maintenance as an eligible use under the Pittman-Robertson 
program. The amendment was not agreed to by a rollcall vote of 
13 yeas to 18 nays, as follows:



    Congressman Joel Hefley (R-CO) offered an amendment 
subjecting any funds received by a State from amounts made 
available by CARA to appropriation by the State legislature. 
The basis for the amendment is case law or statutory law in six 
States that calls into question the State legislature's 
authority to participate in the distribution of federal funds 
appropriated to those States. Mr. Rahall made a unanimous 
consent request to amend the Hefley amendment to include the 
names of the six States (Arizona, Colorado, Connecticut, 
Delaware, New Mexico, and Oklahoma) in the amendment. No 
objection was heard, and Mr. Hefley's amendment, as amended, 
was agreed to by voice vote.
    Congressman Greg Walden (R-OR) offered an amendment to 
amend the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act to allow for disaster relief for economic 
hardships caused by application of the Endangered Species Act. 
The amendment was withdrawn by unanimous consent.
    Mr. Walden offered another amendment requiring specific 
State approval for any federal land acquisition in a State in 
which 50 percent of the land is presently owned by the federal 
government. The amendment was not agreed to by a rollcall vote 
of 15 yeas to 15 nays, as follows:



    Congressman Thomas G. Tancredo (R-CO) offered an amendment 
requiring the Secretary of the Interior, in consultation with 
the Secretary of Energy, to inventory any federal lands 
acquired with CARA funds for coal and alternative energy 
potential, and report to Congress the results of the inventory. 
The amendment was withdrawn.
    Mr. Tancredo offered another amendment requiring any 
Congressionally-earmarked stateside LWCF money to be treated as 
an expenditure of amounts available from the federal side of 
the LWCF. The amendment was intended to prevent Congress from 
infringing on the rights of the States by dictating the manner 
in which they spend money received through CARA. Congress has 
not, however, earmarked stateside funds in the past, and CARA 
does not provide any authority or incentive to earmark 
stateside LWCF funds. Under CARA, the stateside LWCF funds are 
distributed under a mandatory formula, thereby eliminating the 
ability of Congressional appropriators to prescribe how 
stateside funds will be spent. The amendment was withdrawn.
    Congressman C. L. ``Butch'' Otter (R-ID) offered an 
amendment requiring the Secretary of the Interior to use the 
federal portion of the LWCF to cover any shortfall in the 
funding of the Payment in Lieu of Taxes (PILT) and Refuge 
Revenue Sharing programs so that those programs are fully 
funded at their authorized levels. The amendment was withdrawn.
    Congressman James V. Hansen (R-UT) offered an amendment 
allowing PILT funding in CARA to grow if PILT's authorization, 
which is annually adjusted for inflation, ever exceeds the $320 
million provided for in CARA. The amendment was agreed to by 
voice vote.
    Mr. Otter offered another amendment authorizing the head of 
a federal or State agency to use CARA funds to address 
maintenance requirements of land or facilities under its 
jurisdiction. The amendment was withdrawn.
    Mr. Otter offered another amendment prohibiting the 
decommissioning of any hydroelectric power or irrigation 
project with funds provided under CARA unless the Governor of 
the applicable State approves. The amendment also prohibited 
the head of a federal agency from requiring, as a condition of 
land acquisition, the decommissioning of any hydroelectric 
power or irrigation project without Governor approval. The 
Chairman sustained a point of order against the amendment that 
it was not germane to the bill.
    Mr. Otter offered another amendment prohibiting the 
termination of any right-of-way through lands acquired with 
CARA funds unless the Governor of the State in which the land 
is located approves. The amendment was not agreed to by a 
rollcall vote of 15 yeas to 19 nays, as follows:



    Mr. Otter offered another amendment allowing CARA funds to 
be used to comply with the Endangered Species Act, the Federal 
Water Pollution Control Act, and the Americans with 
Disabilities Act. The Chairman sustained a point of order 
against the amendment that it was not germane to the bill.
    Congresswoman Barbara Cubin (R-WY) offered an amendment 
requiring that the bill sunset in 2006 rather than 2015. The 
amendment was not agreed to by voice vote.
    Mrs. Cubin offered another amendment requiring the federal 
government to dispose of property of equal value when acquiring 
an interest in land over 99 acres if acquired in a State with 
over 25 percent federal lands unless the Governor of that State 
certifies that the acquisition would provide significant 
benefits. The amendment was not agreed to by voice vote.
    Congressman Rush D. Holt (D-NJ) offered an amendment 
changing the formula for distribution of stateside LWCF funds 
based on population density and percentage of public land. The 
amendment was withdrawn.
    Congressman Ron Kind (D-WI) offered an amendment providing 
that when royalty receipts are less than $3.135 billion, the 
federal government would not be able to reduce the amount of 
royalty required to be paid for covered oil or gas development. 
The amendment was withdrawn.
    The bill, as amended, was then favorably reported to the 
House of Representatives by a rollcall vote of 29 to 12, as 
follows:



            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 of the Constitution of the United 
States grants 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. Title I of H.R. 701 
provides up to $1 billion each year to create a revenue sharing 
and coastal conservation fund for coastal States and eligible 
local governments to mitigate the effects of outer continental 
shelf activities and for conservation of coastal ecosystems. 
Title II of the bill provides $900 million to guarantee stable 
and annual funding for the Land and Water Conservation Fund. 
Title II of the bill provides up to $350 million for game and 
nongame wildlife conservation and education. Title IV provides 
up to $125 million to local governments to rehabilitate 
recreation areas and facilities. Title V provides up to $150 
million for historic preservation programs and $10 million for 
maritime heritage programs. Title VI provides up to $200 
million for federal and Indian land restoration. Title VII of 
the bill provides up to $150 million for conservation easements 
and landowner incentives to aid in the recovery of threatened 
and endangered species. Title VIII fully funds the Payment-in-
Lieu of Taxes and Refuge Revenue Sharing programs at $320 
million and $30 million, respectively.
    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 any new budget authority, credit 
authority, or an increase or decrease in tax expenditures.
    3. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goal or 
objective of this bill is to use royalties from Outer 
Continental Shelf oil and gas production to establish a fund to 
meet the outdoor conservation and recreation needs of the 
American people.
    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 requested but not received a cost 
estimate for this bill from the Director of the Congressional 
Budget Office.

                    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.
  [Sec. 3. Appropriations.--Moneys covered into the fund shall 
be available for expenditure for the purposes of this Act only 
when appropriated therefor. Such appropriations may be made 
without fiscal-year limitation. Moneys made available for 
obligation or expenditure from the fund or from the special 
account established under section 4(i)(1) may be obligated or 
expended only as provided in this Act.]

                             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 2002. 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 2002 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, or in the case of Alaska, Native 
Corporations (as defined in section 3 of the Alaska Native 
Claims Settlement Act (43 U.S.C. 1602)), shall be eligible to 
receive shares of the apportionment under paragraph (1) in 
accordance with a competitive grant program established by the 
Secretary by rule. The total apportionment available to such 
tribes, or in the case of Alaska, Native Corporations shall be 
equivalent to the amount available to a single State. No single 
tribe, nor in the case of Alaska, Native Corporation shall 
receive a grant that constitutes more than 10 percent of the 
total amount made available to all tribes and Alaska Native 
Corporations pursuant to the apportionment under paragraph (1). 
Funds received by a tribe, or in the case of Alaska, Native 
Corporation under this subparagraph may be expended only for 
the purposes specified in clauses (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.
  (7)(A) Any amounts available in addition to those amounts 
made available under section 5 of the Conservation and 
Reinvestment Act in a fiscal year shall be available without 
further appropriation to the Secretary of the Interior to be 
distributed among the several States under a competitive grant 
program for State projects as authorized under section 6(e)(1) 
of national or regional significance involving one or more 
States.
  (B) The Secretary shall award grants only to projects that 
would conserve open space and either conserve wildlife habitat, 
protect water quality, or otherwise enhance the environment, or 
that would protect areas that have historic or cultural value. 
The Secretary shall give preference to projects that would be 
most likely to have the greatest benefit to the environment 
regionally or nationally and would maintain or enhance 
recreational opportunities.
  (c) Matching Requirements.--(1) Payments to any State shall 
cover not more than 50 per centum of the cost of planning, 
acquisition, or development projects that are undertaken by the 
State. The remaining share of the cost shall be borne by the 
State in a manner and with such funds or services as shall be 
satisfactory to the Secretary. No payment may be made to any 
State for or on account of any cost or obligation incurred or 
any service rendered prior to the date of approval of this Act.
  (2) The Secretary--
          (A) shall apply to the share of costs required to be 
        borne by a State under paragraph (1) any portion of 
        such costs paid with non-Federal funds provided by a 
        person other than the State; and
          (B) shall not apply to such State cost share the 
        value of any in-kind contribution, other than 
        contributions of services authorized under paragraph 
        (1).
  [(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 the 
priorities and criteria defined by the State are consistent 
with the purposes of this Act, the State provides for public 
involvement in this process, and the State publishes an 
accurate and current State Action Agenda for Community 
Conservation and Recreation (in this Act referred to as the 
``State Action Agenda'') indicating the needs it has identified 
and the priorities and criteria it has established. In order to 
assess its needs and establish its overall priorities, each 
State, in partnership with its local governments and Federal 
agencies, and in consultation with its citizens, shall develop, 
within 5 years after the enactment of the Conservation and 
Reinvestment Act, a State Action Agenda that meets the 
following requirements:
          (A) The agenda must be strategic, originating in 
        broad-based and long-term needs, but focused on actions 
        that can be funded over the next 5 years.
          (B) The agenda must be updated at least once every 5 
        years and certified by the Governor that the State 
        Action Agenda conclusions and proposed actions have 
        been considered in an active public involvement 
        process.
  (2) State Action Agendas shall take into account all 
providers of conservation and recreation lands within each 
State, including Federal, regional, and local government 
resources, and shall be correlated whenever possible with other 
State, regional, and local plans for parks, recreation, open 
space, and wetlands conservation. Recovery action programs 
developed by urban localities under section 1007 of the Urban 
Park and Recreation Recovery Act of 1978 shall be used by a 
State as a guide to the conclusions, priorities, and action 
schedules contained in State Action Agenda. Each State shall 
assure that any requirements for local outdoor conservation and 
recreation planning, promulgated as conditions for grants, 
minimize redundancy of local efforts by allowing, wherever 
possible, use of the findings, priorities, and implementation 
schedules of recovery action programs to meet such 
requirements.
  (e) Projects for Land and Water Acquisition; Development.--In 
addition to assistance for planning projects, the Secretary may 
provide financial assistance to any State for the following 
types of projects or combinations thereof if they are in 
accordance with the [State comprehensive plan] State Action 
Agenda:
          (1) Acquisition of land and 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].
          Whenever a State provides that the owner of a single-
        family residence may, at his option, elect to retain a 
        right of use and occupancy for not less than six months 
        from the date of acquisition of such residence and such 
        owner elects to retain such a right, such owner shall 
        be deemed to have waived any benefits under sections 
        203, 204, 205, and 206 of the Uniform Relocation 
        Assistance and Real Property Acquisition Policies Act 
        of 1970 (84 Stat. 1984) and for the purposes of those 
        sections such owner shall not be considered a displaced 
        person as defined in section 101(6) of that Act.
          (2) Development.--For development of basic outdoor 
        recreation facilities 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 outdoor recreation plan and only upon such conditions 
as he deems necessary to assure the substitution of other 
recreation properties of at least equal fair market value and 
or reasonably equivalent usefulness and location.: Provided, 
That wetland areas and interests therein as identified in the 
wetlands provisions of the comprehensive plan and proposed to 
be acquired as suitable replacement property within that same 
State that is otherwise acceptable to the Secretary, acting 
through the Director of the National Park Service, shall be 
considered to be of reasonably equivalent usefulness with the 
property proposed for conversion.]
  (B) 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.
          (2) Transmission of list.--(A) The Secretary of the 
        Interior and the Secretary of Agriculture shall jointly 
        transmit to the appropriate authorizing and 
        appropriations committees of the House of 
        Representatives and the Senate for each fiscal year, by 
        no later than the submission of the budget for the 
        fiscal year under section 1105 of title 31, United 
        States Code, a list of the acquisitions of interests in 
        lands and water proposed to be made with the Federal 
        portion for the fiscal year.
          (B) In preparing each list under subparagraph (A), 
        the Secretary shall--
                  (i) seek to consolidate Federal landholdings 
                in States with checkerboard Federal land 
                ownership patterns;
                  (ii) consider the use of equal value land 
                exchanges, where feasible and suitable, as an 
                alternative means of land acquisition;
                  (iii) consider the use of permanent 
                conservation easements, where feasible and 
                suitable, as an alternative means of 
                acquisition;
                  (iv) identify those properties that are 
                proposed to be acquired from willing sellers 
                and specify any for which adverse condemnation 
                is requested; and
                  (v) establish priorities based on such 
                factors as important or special resource 
                attributes, threats to resource integrity, 
                timely availability, owner hardship, cost 
                escalation, public recreation use values, and 
                similar considerations.
          (C) The Secretary of the Interior and the Secretary 
        of Agriculture shall each--
                  (i) transmit, with the list transmitted under 
                subparagraph (A), a separate list of those 
                lands under the administrative jurisdiction of 
                the Secretary that have been identified in 
                applicable land management plans as surplus and 
                eligible for disposal as provided for by law; 
                and
                  (ii) update each list to be transmitted under 
                clause (i) as land management plans are amended 
                or revised.
          (3) Information regarding proposed acquisitions.--
        Each list under paragraph (2)(A) shall include, for 
        each proposed acquisition included in the list--
                  (A) citation of the statutory authority for 
                the acquisition, if such authority exists; and
                  (B) an explanation of why the particular 
                interest proposed to be acquired was selected.
  (f) Notification to Affected Areas Required.--The Federal 
portion for a fiscal year may not be used to acquire any 
interest in land unless the Secretary administering the 
acquisition, by not later than 30 days after the date the 
Secretaries submit the list under subsection (e)(2)(A) for the 
fiscal year, provides notice of the proposed acquisition--
          (1) in writing to each Member of and each Delegate 
        and Resident Commissioner to the Congress elected to 
        represent any area in which is located--
                  (A) the land; or
                  (B) any part of any federally designated unit 
                that includes the land;
          (2) in writing to the Governor of the State in which 
        the land is located;
          (3) in writing to each State political subdivision 
        having jurisdiction over the land; and
          (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.
  (h) Requirements for Acquisition of Lands in Montana.--The 
Secretary of the Interior and the Secretary of Agriculture 
shall jointly develop and issue a plan for acquisition and 
disposal of lands in the State of Montana that will result in 
consolidation of forest reserves created from the public domain 
and private inholdings within those reserves. The plan shall be 
designed to ensure that--
          (1) acquisitions of lands with the Federal portion 
        consolidate Federal ownership of lands in Montana under 
        the administrative jurisdiction of the Department of 
        the Interior and the Forest Service; and
          (2) any increase in the total acreage of lands in 
        Montana under those administrative jurisdictions that 
        results from acquisitions of lands with the Federal 
        portion is de minimis.

           *       *       *       *       *       *       *


                              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.

           *       *       *       *       *       *       *

                              ----------                              


PITTMAN-ROBERTSON WILDLIFE RESTORATION ACT

           *       *       *       *       *       *       *


SEC. 2. DEFINITIONS.

  As used in this Act--
          (1) * * *
          (2) The term ``Indian tribe''--
                  (A) except as provided in subparagraph (B), 
                means any federally recognized Indian tribe; 
                and
                  (B) in the case of Alaska, means only a 
                Native corporation, as that term is defined in 
                section 3 of the Alaska Native Claims 
                Settlement Act (43 U.S.C. 1602);
          [(2)] (3) the term ``Secretary'' means the Secretary 
        of the Interior;
          [(3)] (4) the term ``State fish and game department'' 
        or ``State fish and wildlife department'' means any 
        department or division of department of another name, 
        or commission, or official or officials, of a State 
        empowered under its laws to exercise the functions 
        ordinarily exercised by a State fish and game 
        department or State fish and wildlife department.
          [(4)] (5) the term ``wildlife'' means any species of 
        wild, free-ranging fauna including fish, and also fauna 
        in captive breeding programs the object of which is to 
        reintroduce individuals of a depleted indigenous 
        species into previously occupied range;
          [(5)] (6) the term ``wildlife-associated recreation'' 
        means projects intended to meet the demand for outdoor 
        activities associated with wildlife including, but not 
        limited to, hunting and fishing, wildlife observation 
        and photography, such projects as construction or 
        restoration of wildlife viewing areas, observation 
        towers, blinds, platforms, land and water trails, water 
        access, field trialing, trail heads, and access for 
        such projects;
          [(6)] (7) the term ``wildlife conservation and 
        restoration program'' means a program developed by a 
        State fish and wildlife department and approved by the 
        Secretary under section 304(d), the projects that 
        constitute such a program, which may be implemented in 
        whole or part through grants and contracts by a State 
        to other State, Federal, or local agencies (including 
        those that gather, evaluate, and disseminate 
        information on wildlife and their habitats), wildlife 
        conservation organizations, and outdoor recreation and 
        conservation education entities from funds apportioned 
        under this title, and maintenance of such projects;
          [(7)] (8) the term ``wildlife conservation 
        education'' means projects, including public outreach, 
        intended to foster responsible natural resource 
        stewardship; and
          [(8)] (9) the term ``wildlife-restoration project'' 
        includes the wildlife conservation and restoration 
        program and means the selection, restoration, 
        rehabilitation, and improvement of areas of land or 
        water adaptable as feeding, resting, or breeding places 
        for wildlife, including acquisition of such areas or 
        estates or interests therein as are suitable or capable 
        of being made suitable therefor, and the construction 
        thereon or therein of such works as may be necessary to 
        make them available for such purposes and also 
        including such research into problems of wildlife 
        management as may be necessary to efficient 
        administration affecting wildlife resources, and such 
        preliminary or incidental costs and expenses as may be 
        incurred in and about such projects.
  Sec. 3. (a)(1) * * *
          [(2) There is established in the Federal aid to 
        wildlife restoration fund a subaccount to be known as 
        the ``Wildlife Conservation and Restoration Account''. 
        There are authorized to be appropriated for the 
        purposes of the Wildlife Conservation and Restoration 
        Account $50,000,000 in fiscal year 2001 for 
        apportionment in accordance with this Act to carry out 
        State wildlife conservation and restoration programs. 
        Further, interest on amounts transferred shall be 
        treated in a manner consistent with 16 U.S.C. 
        669(b)(1)).]
  (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 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)(1) * * *
  (2) Funds may be used by a State [or an Indian tribe] for the 
planning and implementation of its wildlife conservation and 
restoration program and wildlife conservation strategy, as 
provided in sections 4(d) and (e) of this Act, including 
wildlife conservation, wildlife conservation education, and 
wildlife-associated recreation projects. Such funds may be used 
for new programs and projects as well as to enhance existing 
programs and projects.

           *       *       *       *       *       *       *


SEC. 4. ALLOCATION AND APPORTIONMENT OF AVAILABLE AMOUNTS.

  (a) * * *
  (b) Apportionment to States.--The Secretary of the Interior, 
after deducting the available amount under subsection (a), the 
amount apportioned under [subsection (c)] subsection (e), any 
amount apportioned under section 8A, and amounts provided as 
grants under sections 10 and 11, shall apportion the remainder 
of the revenue in said fund for each fiscal year among the 
several States in the following manner: One-half in the ratio 
which the area of each State bears to the total area of all the 
States, and one-half in the ratio which the number of paid 
hunting-license holders of each State in the second fiscal year 
preceding the fiscal year for which such apportionment is made, 
as certified to said Secretary by the State fish and game 
departments, bears to the total number of paid hunting-license 
holders of all the States. Such apportionments shall be 
adjusted equitably so that no State shall receive less than 
one-half of 1 per centum nor more than 5 per centum of the 
total amount apportioned. The term fiscal year as used in this 
Act shall be a period of twelve consecutive months from October 
1 through the succeeding September 30, except that the period 
for enumeration of paid hunting-license holders shall be a 
State's fiscal or license year.

           *       *       *       *       *       *       *

  (c) Apportionment of Wildlife Conservation and Restoration 
Account.--
          (1) The Secretary of the Interior shall make the 
        following apportionment from amounts available each 
        fiscal year from the Wildlife Conservation and 
        Restoration Account:
                  (A) * * *

           *       *       *       *       *       *       *

                  (C) To Indian tribes, a sum equal to not more 
                than 2\1/4\ percent thereof, of which--
                          (i) \1/3\ shall be allocated based on 
                        the ratio to which the trust land area 
                        of each Indian tribe bears to the total 
                        trust land area of all Indian tribes; 
                        and
                          (ii) \2/3\ shall be allocated based 
                        on the ratio to which the population of 
                        each Indian tribe bears to the total 
                        population of all Indian tribes;
                except that no Indian tribe shall receive more 
                than 5 percent of the total amount made 
                available in a fiscal year to Indian tribes 
                under this subsection.

           *       *       *       *       *       *       *

  (d) Wildlife Conservation and Restoration Programs.--
          (1) * * *

           *       *       *       *       *       *       *

          (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, and, except for purposes of subsection 
        (c)(2), each Indian tribe.
  [(c)] (e) One-half of the revenues accruing to the fund under 
this Act each fiscal year (begin ning with the fiscal year 
1975) from any tax imposed on pistols, revolvers, bows, and 
arrows shall be apportioned among the States in proportion to 
the ratio that the population of each State bears to the 
population of all the States: Provided, That each State shall 
be apportioned not more than 3 per centum and not less than 1 
per centum of such revenues and Guam, the Virgin Islands, 
American Samoa, Puerto Rico, and the Northern Mariana Islands 
shall each be apportioned one-sixth of 1 per centum of such 
revenues. For the purpose of this subsection, population shall 
be determined on the basis of the latest decennial census for 
which figures are available, as certified by the Secretary of 
Commerce.
  (f) Treatment of Apportionments to Indian Tribes.--For 
purposes of the treatment under this Act of amounts apportioned 
to Indian tribes under subsection (c)(1)(C), the term ``State'' 
includes an Indian tribe.

           *       *       *       *       *       *       *

  Sec. 8. (a) * * *
  (b) Each State may use the funds apportioned to it under 
[section 4(c)] section 4(e) to pay up to 75 per centum of the 
costs of a hunter safety program and the construction, 
operation, and maintenance of public target ranges, as a part 
of such program. The non-Federal share of such costs may be 
derived from license fees paid by hunters, but not from other 
Federal grant programs. The Secretary shall issue not later 
than the 120th day after the effective date of this subsection 
such regulations as he deems advisable relative to the criteria 
for the establishment of hunter safety programs and public 
target ranges under this subsection.

           *       *       *       *       *       *       *


SEC. 10. FIREARM AND BOW HUNTER EDUCATION AND SAFETY PROGRAM GRANTS.

  (a) In General.--
          (1) Grants.--Of the revenues covered into the fund, 
        $7,500,000 for each of fiscal years 2001 and 2002, and 
        $8,000,000 for fiscal year 2003 and each fiscal year 
        thereafter, shall be apportioned among the States in 
        the manner specified in [section 4(c)] section 4(e) by 
        the Secretary of the Interior and used to make grants 
        to the States to be used for--
                  (A) in the case of a State that has not used 
                all of the funds apportioned to the State under 
                [section 4(c)] section 4(e) for the fiscal year 
                in the manner described in section 8(b)--
                          (i) * * *

           *       *       *       *       *       *       *

                  (B) in the case of a State that has used all 
                of the funds apportioned to the State under 
                [section 4(c)] section 4(e) for the fiscal year 
                in the manner described in section 8(b), any 
                use authorized by this Act (including hunter 
                safety programs and the construction, 
                operation, and maintenance of public target 
                ranges).

           *       *       *       *       *       *       *

                              ----------                              


             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, acquisition, 
and innovation purposes to any eligible general purpose local 
government upon approval by the Secretary of an application 
submitted by the chief executive of such government.
  (2) At the discretion of such an applicant, a grant under 
this section may be transferred in whole or part to independent 
special purpose local governments, private nonprofit agencies, 
or county or regional park authorities, if--
          (A) such transfer is consistent with the approved 
        application for the grant; and
          (B) the applicant provides assurance to the Secretary 
        that the applicant will maintain public recreation 
        opportunities at assisted areas and facilities in 
        accordance with section 1010.
  (3) Payments may be made only for those rehabilitation, 
development, or innovation projects that have been approved by 
the Secretary. Such payments may be made from time to time in 
keeping with the rate of progress toward completion of a 
project, on a reimbursable basis.
  [(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, and 
        reasonably equivalent usefulness and location; and
          (2) in accord with the current recreation recovery 
        action program 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 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 than 3 percent may be used for grants 
        for the development of local park and recreation 
        recovery action programs pursuant to sections 1007(a) 
        and 1007(c);
          (2) not more than 10 percent may be used for 
        innovation grants pursuant to section 1006; and
          (3) not more than 15 percent may be provided as 
        grants (in the aggregate) for projects in any one 
        State.
  (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 2005, 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. 1338), 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 in a fiscal 
year shall be deposited into the Fund and shall be available 
without further appropriation only to provide grants and other 
financial and technical assistance under this Act to States, 
Indian tribes, local governments, and other non-Federal 
governmental entities.
  (c) At least one-half 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.

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        SECTION 6 OF THE NATIONAL MARITIME HERITAGE ACT OF 1994

SEC. 6. FUNDING.

  (a) * * *
  (b) Use of Amounts for Program.--
          (1) In general.--Except as provided in paragraph (2), 
        of amounts available each fiscal year for the Program 
        under [subsection (a)(1)(C)] this section--
                  (A) \1/2\ shall be used for grants under 
                section 4(b); and
                  (B) \1/2\ shall be used for grants under 
                section 4(c).
          (2) Use for interim projects.--Amounts available for 
        the Program under [subsection (a)(1)(C)] this section 
        that are the proceeds of any of the first 8 obsolete 
        vessels in the National Defense Reserve Fleet that are 
        sold or scrapped after July 1, 1994, under section 508 
        or 510(i) of the Merchant Marine Act, 1936 (46 U.S.C. 
        1158 or 1160(i)) are available to the Secretary for 
        grants for interim projects approved under section 4(j) 
        of this Act.
          (3) Administrative expenses.--
                  (A) In general.--Not more than 15 percent or 
                $500,000, whichever is less, of the amount 
                available for the Program under [subsection 
                (a)(1)(C)] this section for a fiscal year may 
                be used for expenses of administering the 
                Program.

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  (d) Availability of Funds From Conservation and Reinvestment 
Act Fund.--Amounts transferred to the Secretary under section 
5(b)(8) of the Conservation and Reinvestment Act shall be 
available until expended and without further appropriation to 
carry out the Program as provided in subsection (b).
  [(d)] (e) Treatment of Amounts Available.--Amounts available 
under this section shall not be considered in any determination 
of the amounts available to the Department of the Interior.

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