[House Report 106-612]
[From the U.S. Government Publishing Office]
106th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 106-612
=======================================================================
PROVIDING FOR THE CONSIDERATION OF H.R. 701, THE CONSERVATION AND
REINVESTMENT ACT OF 1999
_______
May 9, 2000.--Referred to the House Calendar and ordered to be printed
_______
Mr. Hastings of Washington, from the Committee on Rules, submitted the
following
R E P O R T
[To accompany H. Res. 497]
The Committee on Rules, having had under consideration
House Resolution 497, by a nonrecord vote, report the same to
the House with the recommendation that the resolution be
adopted.
summary of provisions of the resolution
The resolution provides for the consideration of H.R. 701,
the Conservation and Reinvestment Act of 1999, under a
structured rule. The rule provides 90 minutes of general debate
divided equally between the chairman and ranking minority
member of the Committee on Resources.
The rule waives all points of order against consideration
of the bill. The rule makes in order the text of H.R. 4377 as
an original bill for the purpose of amendment, in lieu of the
amendment in the nature of a substitute now printed in the
bill, which shall be considered as read. The rule also waives
all points of order against the amendment in the nature of a
substitute.
The rule makes in order only those amendments printed in
this report. The amendments made in order may be offered only
in the order printed in this report, may be offered only by a
Member designated in this report, shall be considered as read,
shall be debatable for the time specified in this report
equally divided and controlled by the proponent and an
opponent, shall not be subject to amendment, and shall not be
subject to a demand for a division of the question in the House
or in the Committee of the Whole. The rule waives all points of
order against the amendments printed in this report.
The Chairman of the Committee of the Whole may postpone
votes during consideration of the bill, and reduce voting time
to five minutes on a postponed question if the vote follows a
fifteen minute vote. Finally, the rule provides one motion to
recommit with or without instructions.
Young (AK)/George Miller/Tauzin/Dingell/Boehlert/John/
Markey/Pallone--Eliminates the perception that the bill
includes incentives for new oil and gas drilling by removing
the 5-year update on the state allocation formula; defines the
already existing program requirement within the bill; and
creates a program for state projects of regional or national
significance to be administered by the Secretary of the
Interior in a competitive program consisting only of projects
requested by the affected states: (20 minutes)
Regula--Allows those states which currently allow offshore
drilling to receive the majority of the funding under Title I
of the bill. (20 minutes)
Radanovich--Amends Section 5, relating to ``the Fund,'' to
require full funding of the amounts authorized for PILT and
Refuge Revenue Sharing, if amounts otherwise made available in
the bill are insufficient. These payments are made to countries
and local governments to support essential local services
because the Federal lands are not subject to property tax. (20
minutes)
Pombo/Tancredo--Increases funding for the Urban Parks and
Recreation Recovery Act program by $225,000,000 over the
current bill; increases funding for the Farmland Protection
program by $125,000,000 over the current bill; and increases
funding for the Endangered and Threatened Species Recovery
program by $100,000,000 over the current bill. These funding
increases are offset by reducing the amount of money
transferred from the Conservation and Reinvestment Act Fund to
the Land and Water Conservation Fund. 100% of the Land and
Water Conservation Fund will be made available for grants to
the States. (20 minutes)
Souder--Clarifies that funding provided by CARA is intended
to supplement annual appropriations for the National Park
Service. (10 minutes)
Shadegg--Conditions the annual transfer of funds to the
CARA Trust Fund on the following: certification that Congress
is on track to eliminate all publicly held debt by 2031;
certification that there is not an on-budget deficit;
certification that Social Security is not scheduled to run a
deficit within the next 5 years; and certification that
Medicare is not scheduled to run a deficit within the next 5
years. (20 minutes)
Chenoweth-Hage--Prohibits funds from being used in the Act
for the establishment or management of a national monument
designated after 1995 under the Antiquities Act. (20 minutes)
Pombo--Prevents non-federal landowners, who become
neighbors of the federal government resulting from an action
authorized under this legislation, from having those rights
that allow the use and enjoyment of their property diminished.
(20 minutes)
Peterson (CA--Prohibits amounts available in the bill from
being used for acquisition of land by the Federal government
except lands located within exterior boundaries designated
before the date of enactment. These boundaries include the
National Park System,
the National Wilderness Preservation System, the National
Wildlife Refuge System, the National Forest System, the
national system of trails established by the National Trails
System Act, federally administered components of the National
Wild and Scenic Rivers system, and the national recreation
areas administered by the Secretary of Agriculture. (20
minutes)
Chambliss--Shifts the date that mandatory spending for
programs in the bill begins from fiscal year 2002 to fiscal
year 2006. (20 minutes)
Chenoweth-Hage--Strikes a provision in Title I of the bill
which treats one country in California not eligible to receive
impact assistance as if it were eligible to receive funds.
Thus, the amendment will eliminate this special ``carve out''
for this one county. (10 minutes)
Hastings (WA)/Regula--Requires that 50% of the federal
share of the funding for the Land and Water Conservation Fund
provided in the bill be used to maintain and manage lands
already in federal ownership. (20 minutes)
Sweeny/McHugh--Provides local governments with the
opportunity to object to projects listed under state and
Federal land acquisition plans under the LWCF. Affected local
governments are notified of relevant acquisition proposals and
are given 90 days to submit a resolution of disapproval to the
Secretary or the Governor, depending upon whether the listing
is in the federal or state plan. For state LWCF funding, the
amendment requires states to notify each affected local
government entity (state political subdivision) of each land
acquisition proposal included in the state action agenda and,
upon notification, state and local governments have 90 days to
transmit to the Governor a resolution of disapproval. (20
minutes)
Simpson/Walden--Requires the Federal government, when
acquiring land in a state in which 50% or more of the land in
the state is owned by the Federal government, to either dispose
of an equal amount of land or obtain the approval of the state
via passage of a specific state law before acquiring additional
land. (20 minutes)
Duncan--Changes the distribution of the $450 million
funding for the stateside portion of the Land and Water
Conservation Fund as follows: 50% divided equally amongthe
states; and 50% divided among the states based on the number of species
listed as threatened or endangered in each state. (10 minutes)
Regula--Requires that states have a dedicated State Land
Acquisition Fund. Federal funding dedicated to states lacking
such plans will be reapportioned to those states that have
dedicated state land acquisition funding accounts. (10 minutes)
Moran (KS)--Clarifies that state-side portion of the Land
and Water Conservation funds may be used for maintenance and
capital improvements. (10 minutes)
Kind--Calls for the establishment of a sediment and
nutrient monitoring network in the Upper Mississippi River
Basin for the purpose of reducing sediment and nutrient losses
from the surrounding landscape. (10 minutes)
Calvert--Ensures that land owners are not forced to sell
their property, and that all land owners are treated fairly in
the process. The current willing seller provision in the bill
applies only to the federal portion of funds, thus not
guaranteeing that landowners property will not be condemned by
state or local governments. (20 minutes)
Hill (MT)--Prohibits any federal acquisition of lands in
the State of Montana until the Secretaries of Interior and
Agriculture issue a plan for acquisition and disposal of lands
in the State of Montana. (10 minutes)
Buyer--Strikes non-profit organizations from using federal
funds for the purpose of conservation easements. (10 minutes)
Chenoweth-Hage--Strikes a provision in Title III of CARA
which opens the door for funding to go to organizations which
engage in ``public outreach,'' species re-introduction and
numerous other uses not currently in the law. (10 minutes)
Udall (CO)--Amends Section 702 of the bill to add the Urban
and Community Forestry Assistance Program to the list of
programs for which the Secretary of Agriculture could use funds
provided under section 5(b)(7). (20 minutes)
Gibbons--Allows the Bureau of Land Management to auction
public land identified for disposal in their Land Management
Plans. (10 minutes)
Ose--Adds a new title at the end of the bill stipulating
that amounts made available in the Act shall only be available
for grants to states to provide assistance to incorporated
cities, and to counties with a population of 1,000,000 or more.
The amendment stipulates that amounts available in the bill may
not be expended unless: Payment In-Lieu of Taxes (PILT) and
Refuge Revenue Sharing payments are fully funded, and payments
authorized in previous years have been made; and appropriate
House and Senate Committees certify the maintenance and repair
backlog on the existing National Parks, National Monuments,
National Forests and lands managed by the Bureau of Land
Management has been completed. (10 minutes)
Thornberry--Amendment in the Nature of a Substitute. Very
similar to H.R. 701 except that it strengthens private property
and PILT programs, addresses public maintenance problems in
public parks, and makes the funding discretionary for the first
five years that the bill is enacted. (40 minutes)
Amendment summaries provided by amendment sponsors.
TEXT OF AMENDMENTS MADE IN ORDER UNDER THE RULE
1. An Amendment To Be Offered by Representative Young of Alaska, or
Representative George Miller of California, or a Designee, Debatable
for 20 Minutes
Page 21, line 9, strike ``for the'' and all that follows down
through ``period'' in line 13.
Page 21, line 24, strike ``for the 5-year period concerned''.
Page 25, strike lines 11 through 15 and insert:
``(B) A program for the implementation of the
plan which shall include (i) a description of
how the plan will address environmental
concerns, (ii) for producing States, a
description of how funds will be used to
address the impacts of oil and gas production
from the Outer Continental Shelf, and (iii) a
description of how the State will evaluate the
effectiveness of the plan.
Page 26, line 18, after ``used'' insert ``in compliance with
Federal and State law''.
Page 33, line 22, strike ``Indian''.
Page 39, line 11, strike ``paragraphs'' and insert
``clauses''.
Page 39, after line 21, insert:
(d) State Projects of Regional or National Significance.--
Section 6(b) (16 U.S.C. 460l-8(b)) is amended by adding the
following at the end:
``(7)(A) Any amounts available in addition to those amounts
made available under section 5 of the Conservation and
Reinvestment Act of 2000 in a fiscal year shall be available
without further appropriation to the Secretary of the Interior
to be distributed among the several States under a competitive
grant program for State projects as authorized under section
6(e)(1) of national or regional significance involving one or
more States.
``(B) The Secretary shall award grants only to projects that
would conserve open space and either conserve wildlife habitat,
protect water quality, or otherwise enhance the environment, or
that would protect areas that have historic or cultural value.
The Secretary shall give preference to projects that would be
most likely to have the greatest benefit to the environment
regionally or nationally and would maintain or enhance
recreational opportunities.''.
----------
2. An Amendment To Be Offered by Representative Regula of Ohio, or a
Designee, Debatable for 20 Minutes
Page 4, line 13, before the period insert ``, except that
no State may be treated as a coastal State in any fiscal year
in which there is a Federal moratorium on offshore leasing and
related activities off the coast of that State.''.
----------
3. An Amendment To Be Offered by Representative Radanovich of
California, or a Designee, Debatable for 20 Minutes
Page 9, line 18, after ``deposited in the fund'' insert the
following: ``that remain after the application of subsection
(f) for the fiscal year,''.
Page 15, after line 8, insert the following:
(f) Full Funding of PILT and Refuge Revenue Sharing.--To
the extent that amounts available under subsection (d) for a
fiscal year are not sufficient to pay all amounts authorized to
be paid for the fiscal year under chapter 69 of title 31,
United States Code (relating to payment in lieu of taxes), and
section 401 of the Act of June 15, 1935 (49 Stat. 383; 16
U.S.C. 715s; relating to refuge revenue sharing), amounts in
the Fund shall be used to make such payments.
----------
4. An Amendment To Be Offered by Representative Pombo of California, or
Representative Tancredo of Colorado, or a designee, Debatable for 20
Minutes
Page 10, line 2, strike ``$900,000,000'' and insert
$450,000,000''.
Page 10, line 8, strike ``$125,000,000'' and insert
$350,000,000''.
Page 10, line 17, strike ``$100,000,000'' and insert
$225,000,000''.
Page 10, line 24, strike ``$50,000,000'' and insert
$150,000,000''.
Page 11, line 5, strike ``$2,825,000,000'' and insert
$2,700,000,000''.
Page 30, beginning at line 24, strike ``Act--'' and all
that follows through page 31, line 5, and insert ``Act, 100
percent shall be available only for grants to States.''.
----------
5. An Amendment To Be Offered by Representative Souder of Indiana, or a
Designee, Debatable for 10 Minutes
Page 15, after line 8, insert the following:
(f) Intent of Congress to Supplement Annual Appropriations
for National Park Service.--Amounts made available by this Act
are intended by the Congress to supplement, and not detract
from, annual appropriations for the National Park Service.
----------
6. An Amendment To Be Offered by Representative Shadegg of Arizona, or
a Designee, Debatable for 20 Minutes
Page 15, after line 8, insert the following:
(f) Ensuring Social Security and Medicare Solvency.--The
Secretary of the Treasury shall not transfer funds to the
Conservation and Reinvestment Act Fund under this Act during
any fiscal year unless--
(1) the Director of the Congressional Budget Office
has certified that the House and Senate have approved
legislation that--
(A) ensures that a sufficient portion of the
on-budget surplus is reserved for debt
retirement to put the Government on a path to
eliminate the publicly held debt by fiscal year
2013 under current economic and technical
projections; and
(B) ensures that there is not an on-budget
deficit for that fiscal year;
(2) the Board of Trustees of the Federal Old-Age and
Survivors Insurance Trust Fund and the Federal
Disability Insurance Trust Fund has certified that
outlays from such trust funds are not anticipated to
exceed the revenues to such trust funds during any of
the next 5 fiscal years; and
(3) the Board of Trustees of the Federal Hospital
Insurance Trust Fund has certified that the outlays
from such trust fund are not anticipated to exceed the
revenues to such trust fund during any of the next 5
fiscal years.
----------
7. An Amendment To Be Offered by Representative Chenoweth-Hage of
Idaho, of a designee, Debatable for 20 Minutes
Page 15, after line 17, insert the following new section
and make the necessary conforming changes in the table of
contents:
SEC. 6A. NATIONAL MONUMENTS.
No funds made available by this Act (including the
amendments made by this Act) may be used for the establishment
or management of a national monument designated after 1995
under the Act of June 8, 1906, commonly known as the
``Antiquities Act'' (16 U.S.C. 431 and following).
----------
8. An Amendment To Be Offered by Representative Pombo of California, or
a Designee, Debatable for 20 minutes
Page 18, line 1, after ``unless'', insert ``specifically''
Page 18, after line 2, insert the following
(c) Protection of Rights in Non-Federal Property From
Federal Acquisition of Nearby Lands.--The right of an owner of
non-Federal real property to use and enjoy that property shall
not be diminished based on the property being--
(1) within the boundaries of a Federal unit as a
consequence of the acquisition of lands for that unit
with amounts made available by this Act; or
(2) adjacent to Federal lands acquired with amounts
made available by this Act.
----------
9. An Amendment To Be Offered by Representative Peterson of
Pennsylvania, or a Designee, Debatable for 20 Minutes
Page 18, after line 15, insert the following:
SEC. . FEDERAL ACQUISITION OF LANDS ONLY WITHIN DESIGNATED
BOUNDARIES.
Notwithstanding any other provision of this Act, the
amendments made by this Act, or any other provision of law,
amounts made available by this Act (including the amendments
made by this Act) may not be used for any acquisition by the
Federal Government of an interest in lands except lands located
within exterior boundaries designated before the date of the
enactment of this Act of an area designated by or under Federal
law for a particular conservation or recreation use, including
lands within such boundaries of a unit of--
(1) the National Park System;
(2) the National Wilderness Preservation System;
(3) the National Wildlife Refuge System;
(4) the National Forest System;
(5) the national system of trails established by the
National Trails System Act (16 U.S.C. 1241 et seq.);
(6) federally administered components of the National
Wild and Scenic Rivers System; or
(7) national recreation areas administered by the
Secretary of Agriculture.
----------
10. An Amendment To Be Offered by Representative Chambliss of Georgia,
or a Designee, Debatable for 20 Minutes
Page 19, line 3, strike ``without further appropriation'' and
insert ``subject to appropriations for fiscal years before
fiscal year 2006 and without further appropriation for fiscal
year 2006 and each fiscal year thereafter''.
Page 30, line 12, strike ``without further appropriation''
and insert ``, subject to appropriations for fiscal years
before fiscal year 2006 and without further appropriation for
fiscal year 2006 and each fiscal year thereafter''.
Page 48, line 8, strike ``without further appropriation, in
each fiscal year'' and insert ``, subject to appropriations for
fiscal years before fiscal year 2006 and without further
appropriation for fiscal year 2006 and each fiscal year
thereafter''.
Page 56, line 6, strike ``without further appropriation'' and
insert ``, subject to appropriations for fiscal years before
fiscal year 2006 and without further appropriation for fiscal
year 2006 and each fiscal year thereafter,''.
Page 63, line 5, strike ``without further appropriation'' and
insert ``, subject to appropriations for fiscal years before
fiscal year 2006 and without further appropriation for fiscal
year 2006 and each fiscal year thereafter''.
Page 64, line 17, strike ``without further appropriation''
and insert ``subject to appropriations for fiscal years before
fiscal year 2005 and without further appropriation for fiscal
year 2005 and each fiscal year thereafter''.
Page 70, line 10, strike ``without further appropriation''
and insert ``subject to appropriations for fiscal years before
fiscal year 2006 and without further appropriation for fiscal
year 2006 and each fiscal year thereafter''.
Page 71, line 20, strike ``without further appropriation''
and insert ``, subject to appropriations for fiscal years
before fiscal year 2006 and without further appropriation for
fiscal year 2006 and each fiscal year thereafter,''.
----------
11. An Amendment To Be Offered by Representative Chenoweth-Hage of
Idaho, or a Designee, Debatable for 10 Minutes
Page 23, in line 18, strike ``except that a coastal
political'' and all that follows down through line 3 on page
24.
----------
12. An Amendment To Be Offered by Representative Hastings of
Washington, or Representative Regula of Ohio, or a Designee, Debatable
for 20 Minutes
Page 31, after line 24, insert:
``(3) Apportionment for maintenance.--Not less than
50 percent of the Federal portion shall be used by the
Secretary of the Interior and the Secretary of
Agriculture only for purposes of carrying out
maintenance operations on Federal lands managed by such
Secretaries.''.
----------
13. An Amendment To Be Offered by Representative Sweeney of New York,
or Representative McHugh of New York, or a Designee, Debatable for 20
Minutes
Page 36, after line 13, insert:
``(D) No State political subdivision has
transmitted to the Secretary administering the
acquisition a copy of a resolution adopted by
the governing body of such subdivision
disapproving of such acquisition within 90 days
after receiving notice of the proposed
acquisition under subparagraph (C)(iii).
Page 41, line 8, after the period insert: ``The State shall
notify each affected political subdivision of each land
acquisition proposal included in the State action agenda. Such
notice shall include a citation of the statutory authority for
the acquisition, if such authority exists, and an explanation
of why the particular interest proposed to be acquired was
selected.''.
Page 42, after line 9, insert:
(c) Local Government Veto.--Section 6(f) (16 U.S.C. 460l-8)
is amended by adding the following at the end thereof:
``(9) No funds made available under this Act may be used by a
State to acquire any land or interest in land if the political
subdivision of the State in which the land or interest in land
is located has transmitted to the State agency administering
the proposed acquisition a copy of a resolution adopted by the
governing body of such subdivision disapproving of such
acquisition within 90 days after receiving notice of the
proposed acquisition under subsection (d)(2).''.
----------
14. An Amendment To Be Offered by Representative Simpson of Idaho, or
Representative Walden of Oregon, or a Designee, Debatable for 20
Minutes
Page 36, strike the close quotation marks and the second
period at line 16, and after line 16 insert the following:
``(h) State Approval of Certain Land Acquisition
Required.--The Federal portion may not be used by the Secretary
of the Interior or the Secretary of Agriculture to acquire any
interest in land located in a State in which 50 percent or more
of the land in the State is owned by the Federal Government if
the acquisition would result in a net increase in the total
acreage in the State owned by the Federal Government, unless
the acquisition is specifically approved by the law of the
State.''.
----------
15. An Amendment To Be Offered by Representative Duncan of Tennessee,
or a Designee, Debatable for 10 Minutes
Page 37, line 3, strike ``30'' and insert ``50''.
Page 36, strike lines 5 through 11 and insert:
(B) 50 percent shall be apportioned so that the
amount apportioned to each State under this
subparagraph bears the same ratio to the total amount
apportioned under this subparagraph for the fiscal year
as the number of species listed as threatened or
endangered with habitat in that State bears to the
total number of species listed as threatened or
endangered nationwide.''.
----------
16. An Amendment To Be Offered by Representative Regula of Ohio, or a
Designee, Debatable for 10 Minutes
Page 37, after line 11, insert the following:
No amount may be apportioned under this paragraph to any State
(herein referred to as an `unfunded State') that has not
established a dedicated State land acquisition fund that is
funded through the State's budget process. The amount that
would have been apportioned to any such unfunded State under
this paragraph shall be reapportioned to other States in
accordance with subparagraphs (A) and (B).
----------
17. An Amendment To Be Offered by Representative Moran of Kansas, or a
Designee, Debatable for 10 Minutes
Page 37, beginning at line 18, strike ``or development
projects as hereafter described'' and insert ``, development
projects as hereafter described including construction or
reconstruction of facilities for outdoor recreation, or
maintenance of such facilities''.
----------
18. An Amendment To Be Offered by Representative Kind of Wisconsin, or
a Designee, Debatable for 10 Minutes
Page 42, line 14, strike ``and''.
Page 42, line 18, strike the period and insert ``; and''.
Page 42, after line 18, insert:
(3) by adding the following new paragraph after
paragraph (2):
``(3) Monitoring and Data Collection.--For
establishing a sediment and nutrient monitoring network
for the Upper Mississippi River Basin for the purpose
of reducing sediment and nutrient loss, to be
headquartered at the Upper Midwest Environmental
Sciences Center in La Crosse, Wisconsin. The Secretary
of the Interior shall establish guidelines for the
effective design of data collection activities
regarding sediment and nutrient monitoring, for the use
of suitable and consistent methods for data collection,
and for consistent reporting, data storage, and
archiving practices. Data resulting from sediment and
nutrient monitoring in the Upper Mississippi River
Basin shall be released to the public using generic
station identifiers and location coordinates. In the
case of a monitoring station located on private lands,
information regarding the location of the station shall
not be disseminated without the landowner's permission.
The Secretary of the Interior shall establish the
guidelines under subsection (a) in consultation with
the Secretary of Agriculture and all entities known to
be conducting sediment and nutrient monitoring in the
Upper Mississippi River Basin. The non-Federal sponsors
of the sediment and nutrient monitoring network shall
be responsible for not less than 25 percent of the
costs of maintaining the network. Up to 80 percent of
the non-Federal share may be provided through in-kind
contributions.
19. An Amendment To Be Offered by Representative Calvert of California,
or a Designee, Debatable for 20 Minutes
Page 44, after line 11, insert the following:
SEC. . LIMITATION ON USE OF FUNDS FOR CONDEMNATION.
Title I is further amended by adding at the end the
following:
``limitation on use of funds for condemnation
``Sec. 15. None of the amounts made available by this title
may be used for adverse condemnation of property.''.
----------
20. An Amendment To Be Offered by Representative Hill of Montana, or a
Designee, Debatable for 10 Minutes
At the end of title II (page 44, after line 11) add the
following (and make appropriate conforming amendments):
SEC. . REQUIREMENTS FOR ACQUISITION OF LANDS IN MONTANA WITH FEDERAL
PORTION.
Section 7 (16 U.S.C. 460l-9) is further amended by adding at
the end the following:
``(h) Requirements for Acquisition of Lands in Montana.--
``(1) In general.--The Federal portion may not be
used by the Secretary of the Interior or the Secretary
of Agriculture to acquire lands in the State of Montana
until the Secretary of the Interior and the Secretary
of Agriculture issue a plan in accordance with this
subsection.
``(2) Plan requirements.--The Secretary of the
Interior and the Secretary of Agriculture shall jointly
develop and issue a plan for acquisition and disposal
of lands in the State of Montana that will result in
consolidation of private lands and Federal public
lands. The plan shall be designed to ensure that--
``(A) acquisitions of lands with the Federal
portion consolidate Federal ownership of lands
in Montana under the administrative
jurisdiction of the Department of the Interior
and the Department of Agriculture; and
``(B) any increase in the total acreage of
lands in Montana under the administrative
jurisdictions of those Departments that results
from acquisitions of lands with the Federal
portion is de minimis.''.
----------
21. An Amendment To Be Offered by Representative Buyer of Indiana, or a
Designee, Debatable for 10 Minutes
Page 45, line 5, strike ``wildlife conservation
organizations,''.
Page 47, line 1, strike ``wildlife conservation
organizations, and outdoor recreation and conservation
education entities''.
Page 68, strike line 23, and all that follows down through
line 11 on page 69.
----------
22. An Amendment To Be Offered by Representative Chenoweth-Hage of
Idaho, or a Designee, Debatable for 10 Minutes
Page 46, strike line 5, and all that follows down through
line 19 on page 47 (all of 302(d)).
----------
23. An Amendment To Be Offered by Representative Udall of Colorado, or
a Designee, Debatable for 20 Minutes
Page 70, line 14, strike ``and''.
Page 70, strike the period on line 17 and all that follows
through line 22 and insert the following:
``, and
``(3) the Urban and Community Forestry Assistance
Program established under section 9 of the Cooperative
Forestry Assistance Act of 1978 (16 U.S.C. 2105).''.
Page 10, line 21, after ``note)'' inseret ``, the Urban and
Community Forestry Assistance Program established under section
9 of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C.
2105),''.
----------
24. An Amendment To Be Offered by Representative Gibbons of Nevada, or
a Designee, Debatable for 10 Minutes
TITLE--PUBLIC LAND MANAGEMENT
SEC.____01. SHORT TITLE.
This title may be cited as the ``Public Land Management Act
of 2000''.
SEC. ____02. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds that--
(1) the large amount of federally controlled land in
the United States and the lack of an adequate private
land ownership base has had a negative impact on the
overall economic development of rural counties and
communities and severely degraded the ability of local
governments to provide necessary services;
(2) in resource management plans, the Bureau of Land
Management has identified for disposal land that is
difficult and costly to manage and that would more
appropriately be in non-Federal ownership;
(3) implementation of Federal land management plans
has been impaired by the lack of necessary funding to
provide the needed improvements and the lack of land
management programs to accomplish the goals and
standards set out in the plans; and
(4) the lack of a private land tax base prevents most
local governments from providing the appropriate
infrastructure to allow timely development of land that
is disposed of by the Federal Government for community
expansion and economic growth.
(b) Purposes.--The purposes of this title are to provide
for--
(1) the orderly disposal and use of public land; and
(2) the maintenance and repair of Federal facilities
on public land.
SEC. ____03. DEFINITIONS.
In this title:
(1) Current land use plan.--The term ``current land
use plan'', with respect to an administrative unit of
the Bureau of Land Management, means the management
framework plan or resource management plan applicable
to the unit that was approved most recently before the
date of enactment of this Act.
(2) Secretary.--The term ``Secretary'' means the
Secretary of the Interior.
(3) Special account.--The term ``Special Account''
means the account established by section ____06.
(4) Unit of local government.--The term ``unit of
local government'' means the elected governing body of
any city or county in a State.
SEC. ____04. DISPOSAL AND EXCHANGE.
(a) Disposal.--In accordance with this title, the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1701 et
seq.), and other applicable law and subject to valid existing
rights, the Secretary may dispose of public land under current
land use plans maintained under section 202 of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1713).
(b) Recreation and Public Purpose Conveyances.--
(1) In general.--Not less than 30 days before
offering land for sale or exchange under subsection
(a), the State or the unit of local government in the
jurisdiction of which the land is located may elect to
obtain the land for local public purposes under the Act
entitled ``An Act to authorize acquisition or use of
public lands by States, counties, or municipalities for
recreational purposes'', approved June 14, 1926
(commonly known as the ``Recreation and Public Purposes
Act'') (43 U.S.C. 869 et seq.).
(2) Retention by secretary.--If the State or unit of
local government elects to obtain the land, the
Secretary shall retain the land for conveyance to the
State or unit of local government in accordance with
that Act.
(c) Withdrawal.--Subject to valid existing rights, all
Federal land selected for disposal under subsection (d)(1) is
withdrawn from location and entry under the mining laws and
from operation under the mineral leasing and geothermal leasing
laws until the Secretary terminates the withdrawal or the land
is patented.
(d) Selection.--
(1) In general.--The Secretary and the State and unit
of local government that has jurisdiction over land
identified for disposal under subsection (a) shall
jointly select land to be offered for sale or exchange
under this section.
(2) Coordination.--The Secretary shall coordinate
land disposal activities with the unit of local
government under the jurisdiction of which the land is
located.
(3) Local land use planning and zoning
requirements.--The Secretary shall dispose of land
under this section in a manner that is consistent with
local land use planning and zoning requirements and
recommendations.
(e) Sales Offering, Price, Procedures, and Prohibitions.--
(1) Offering.--The Secretary shall make the first
offering of land as soon as practicable after land has
been selected under subsection (d).
(2) Sale price.--
(A) In general.--The Secretary shall make all
sales of land under this section at a price
that is not less than the fair market value of
the land, as determined by the Secretary.
(B) Affordable housing.--Subparagraph (A)
does not affect any authority of the Secretary
to make land available at less than fair market
value for affordable housing purposes under any
other provision of law.
(3) Competitive bidding.--
(A) In general.--The sale of public land
selected under subsection (d) shall be
conducted in accordance with sections 203 and
209 of the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1713, 1719).
(B) Exceptions.--The exceptions to
competitive bidding requirements under section
203(f) of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1713(f))
shall apply to sales under this title in cases
in which the Secretary determines that
application of an exception is necessary and
proper.
(C) Notice of competitive bidding
procedures.--The Secretary shall also ensure
adequate notice of competitive bidding
procedures to--
(i) owners of land adjoining the land
proposed for sale;
(ii) local governments in the
vicinity of the land proposed for sale;
and
(iii) the State in which the land is
located.
(4) Prohibitions.--A sale of a tract of land selected
under subsection (d) shall not be undertaken if the
Federal costs of sale preparation and processing are
estimated to exceed the proceeds of the sale.
(f) Disposition of Proceeds.--
(1) Land sales.--Of the gross proceeds of sales of
land under this section during a fiscal year--
(A) 5 percent shall be paid to the State in
which the land is located for use in the
general education program of the State;
(B) 45 percent shall be paid directly to the
local unit of government in the jurisdiction of
which the land is located for use as determined
by the unit of local government, with
consideration given to use for support of
health care delivery, law enforcement, and
schools; and
(C) 50 percent shall be deposited in the
Special Account.
(2) Land exchanges.--
(A) In general.--In a land exchange under
this section, the non-Federal party shall
provide direct payment to the unit of local
government in the jurisdiction of which the
land is located in an amount equal to 15
percent of the fair market value of the Federal
land conveyed in the exchange.
(B) Treatment of payments as cost incurred.--
If any agreement to initiate the exchange so
provides, a payment under subparagraph (A)
shall be considered to be a cost incurred by
the non-Federal party that shall be compensated
by the Secretary.
(C) Pending exchanges.--This title, other
than subsections (a) and (b) and this section,
shall not apply to any land exchange for which
an initial agreement to initiate an exchange
was signed by an authorized representative of
the exchange proponent and an authorized
officer of the Bureau of Land Management before
the date of enactment of this Act.
(g) Additional Disposal Land.--Public land identified for
disposal under a replacement of or amendment to a current land
use plan shall be subject to this title.
SEC. ____05. MAINTENANCE AND REPAIR ON FEDERAL LANDS.
The Secretary shall use amounts available under section
____06(c)(1)(B) for repair and maintenance on Federal lands
managed by the Secretary of Agriculture or the Secretary of the
Interior.
SEC. ____06. SPECIAL ACCOUNT.
(a) Establishment.--There is established in the Treasury of
the United States a separate account to be used in carrying out
this title.
(b) Contents.--The Special Account shall consist of--
(1) amounts deposited in the Special Account under
section ____04(f)(1)(B);
(2) donations to the Special Account; and
(3) appropriations to the Special Account.
(c) Use.--
(1) In general.--Amounts in the Special Account shall
be available to the Secretary until expended, without
further Act of appropriation, to pay--
(A) subject to paragraph (2), costs incurred
by the Bureau of Land Management in arranging
sales or exchanges under this title, including
the costs of land boundary surveys, compliance
with the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.), appraisals,
environmental and cultural clearances, and
public notice;
(B) costs incurred in carrying out section
____05;
(C) the cost of carrying out any necessary
revision or amendment of a current land use
plan of the Bureau of Land Management that
relates to land sold, exchanged, or acquired
under this title; and
(D) related costs determined by the
Secretary.
(2) Limitations.--
(A) Costs in arranging sales or exchanges.--
Costs charged against the Special Account for
the purposes described in paragraph (1)(A)
shall not exceed the minimum amount practicable
in view of the fair market value of the Federal
land to be sold or exchanged.
(B) Acquisition.--Not more than 50 percent of
the amounts deposited in the Special Account in
any fiscal year may be used in that fiscal year
or any subsequent fiscal year for the purpose
described in paragraph (1)(B).
(3) Plan revisions and amendments.--The process of
revising or amending a land use plan shall not cause
delay or postponement in the implementation of this
title.
(d) Interest.--All funds deposited in the Special Account
shall earn interest in the amount determined by the Secretary
of the Treasury on the basis of the current average market
yield on outstanding marketable obligations of the United
States of comparable maturities. Such interest shall be added
to the principal of the account and expended in accordance with
subsection (c).
(e) Coordination.--The Secretary shall coordinate the use of
the Special Account with the Secretary of Agriculture, the
States, and units of local government in which land or an
interest in land may be acquired, to ensure accountability and
demonstrated results.
SEC. ____07. REPORT.
The Secretary, in cooperation with the Secretary of
Agriculture, shall submit to the Committee on Energy and
Natural Resources of the Senate and the Committee on Resources
of the House of Representatives a biennial report that
describes each transaction that is carried out under this
title.
----------
25. An Amendment To Be Offered by Representative Ose of California, or
a Designee, Debatable for 10 Minutes
At the end of the bill, add the following:
TITLE--RESTRICTIONS ON FEDERAL USES OF FUNDS
SEC. 01. ELIMINATION OF FEDERAL EXPENDITURE OF FUNDS FROM LAND AND
WATER CONSERVATION FUND.
Notwithstanding section 5 of the Land and Water Conservation
Fund Act of 1965, as amended by this Act, or any other
provision of that Act--
(1) all of the amounts made available for each fiscal
year to carry out that Act shall be available only for
grants to States in accordance with that Act; and
(2) amounts provided to a State under that Act may be
used only to provide assistance in accordance with that
Act to--
(A) entities that are incorporated cities
under the laws of the State; and
(B) counties having a population of 1,000,000
or more.
SEC. 02. LIMITATION ON EXPENDITURES.
(a) In General.--Amounts otherwise available under this Act
for a fiscal year may not be obligated or expended and shall be
returned to the general fund of the Treasury unless by the
beginning of such fiscal year--
(1) sufficient amounts are available to make all
payments authorized for the fiscal year under--
(A) chapter 69 of title 31, United States
Code (relating to payments in lieu of taxes);
and
(B) section 401 of the Act of June 15, 1935
(49 Stat. 383; 16 U.S.C. 715s) (relating to
refuge revenue sharing);
(2) all payments authorized for prior fiscal years
under the laws referred to in paragraph (1) have been
made; and
(3) each of the Committees on Appropriations,
Resources, and Agriculture of the House of
Representatives and each of the Committees on
Appropriations, Energy and Natural Resources, and
Agriculture, Nutrition, and Forestry of the Senate
certifies that all backlogged maintenance and repair
has been completed at each National Park, National
Monument, and National Forest, and on all lands managed
by the Bureau of Land Management.
(b) Limitation on Application.--Subsection (a) does not
prohibit payments under the laws referred to in subsection
(a)(1) (relating to payments in lieu of taxes and refuge
revenue sharing).
----------
26. An Amendment To Be Offered by Representative Thornberry of Texas or
a Designee, Debatable for 40 Minutes
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Conservation and Reinvestment
Act of 2000''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Definitions.
Sec. 4. Annual reports.
Sec. 5. Conservation and Reinvestment Act Fund.
Sec. 6. Limitation on use of available amounts for administration.
Sec. 7. Recordkeeping requirements.
Sec. 8. Maintenance of effort and matching funding.
Sec. 9. Sunset.
Sec. 10. Protection of private property rights.
Sec. 11. Signs.
TITLE I--IMPACT ASSISTANCE AND COASTAL CONSERVATION
Sec. 101. Impact assistance formula and payments.
Sec. 102. Coastal State conservation and impact assistance plans.
TITLE II--LAND AND WATER CONSERVATION FUND REVITALIZATION
Sec. 201. Amendment of Land and Water Conservation Fund Act of 1965.
Sec. 202. Extension of fund; treatment of amounts transferred from
Conservation and Reinvestment Act Fund.
Sec. 203. Availability of amounts.
Sec. 204. Allocation of Fund.
Sec. 205. Use of Federal portion.
Sec. 206. Allocation of amounts available for State purposes.
Sec. 207. State planning.
Sec. 208. Assistance to States for other projects.
Sec. 209. Conversion of property to other use.
Sec. 210. Water rights.
TITLE III--WILDLIFE CONSERVATION AND RESTORATION
Sec. 301. Purposes.
Sec. 302. Definitions.
Sec. 303. Treatment of amounts transferred from Conservation and
Reinvestment Act Fund.
Sec. 304. Apportionment of amounts transferred from Conservation and
Reinvestment Act Fund.
Sec. 305. Education.
Sec. 306. Prohibition against diversion.
TITLE IV--URBAN PARK AND RECREATION RECOVERY PROGRAM AMENDMENTS
Sec. 401. Amendment of Urban Park and Recreation Recovery Act of 1978.
Sec. 402. Purpose.
Sec. 403. Treatment of amounts transferred from Conservation and
Reinvestment Act Fund.
Sec. 404. Definitions.
Sec. 405. Eligibility.
Sec. 406. Grants.
Sec. 407. Recovery action programs.
Sec. 408. State action incentives.
Sec. 409. Conversion of recreation property.
Sec. 410. Repeal.
TITLE V--HISTORIC PRESERVATION FUND
Sec. 501. Treatment of amounts transferred from Conservation and
Reinvestment Act Fund.
Sec. 502. State use of historic preservation assistance for national
heritage areas and corridors.
TITLE VI--FEDERAL AND INDIAN LANDS RESTORATION
Sec. 601. Purpose.
Sec. 602. Treatment of amounts transferred from Conservation and
Reinvestment Act Fund; allocation.
Sec. 603. Authorized uses of transferred amounts.
Sec. 604. Indian tribe defined.
TITLE VII--FARMLAND PROTECTION PROGRAM AND ENDANGERED AND THREATENED
SPECIES RECOVERY
Subtitle A--Farmland Protection Program
Sec. 701. Additional funding and additional authorities under farmland
protection program.
Sec. 702. Funding.
Subtitle B--Endangered and Threatened Species Recovery
Sec. 711. Purposes.
Sec. 712. Treatment of amounts transferred from Conservation and
Reinvestment Act Fund.
Sec. 713. Endangered and threatened species recovery assistance.
Sec. 714. Endangered and Threatened Species Recovery Agreements.
Sec. 715. Definitions.
SEC. 3. DEFINITIONS.
For purposes of this Act:
(1) The term ``coastal population'' means the
population of all political subdivisions, as determined
by the most recent official data of the Census Bureau,
contained in whole or in part within the designated
coastal boundary of a State as defined in a State's
coastal zone management program under the Coastal Zone
Management Act of 1972 (16 U.S.C. 1451 and following).
(2) The term ``coastal political subdivision'' means
a political subdivision of a coastal State all or part
of which political subdivision is within the coastal
zone (as defined in section 304 of the Coastal Zone
Management Act of 1972 (16 U.S.C. 1453)).
(3) The term ``coastal State'' has the same meaning
as provided by section 304 of the Coastal Zone
Management Act of 1972 (16 U.S.C. 1453).
(4) The term ``coastline'' has the same meaning that
it has in the Submerged Lands Act (43 U.S.C. 1301 and
following).
(5) The term ``distance'' means minimum great circle
distance, measured in statute miles.
(6) The term ``fiscal year'' means the Federal
Government's accounting period which begins on October
1st and ends on September 30th, and is designated by
the calendar year in which it ends.
(7) The term ``Governor'' means the highest elected
official of a State or of any other political entity
that is defined as, or treated as, a State under the
Land and Water Conservation Fund Act of 1965 (16 U.S.C.
460l-4 and following), the Act of September 2, 1937 (16
U.S.C. 669 and following), commonly referred to as the
Federal Aid in Wildlife Restoration Act or the Pittman-
Robertson Act, the Urban Park and Recreation Recovery
Act of 1978 (16 U.S.C. 2501 and following), the
National Historic Preservation Act (16 U.S.C. 470h and
following), or the Federal Agriculture Improvement and
Reform Act of 1996 (Public Law 104-127; 16 U.S.C. 3830
note).
(8) The term ``leased tract'' means a tract, leased
under section 8 of the Outer Continental Shelf Lands
Act (43 U.S.C. 1337) for the purpose of drilling for,
developing, and producing oil and natural gas
resources, which is a unit consisting of either a
block, a portion of a block, a combination of blocks or
portions of blocks, or a combination of portions of
blocks, as specified in the lease, and asdepicted on an
Outer Continental Shelf Official Protraction Diagram.
(9) The term ``Outer Continental Shelf'' means all
submerged lands lying seaward and outside of the area
of ``lands beneath navigable waters'' as defined in
section 2(a) of the Submerged Lands Act (43 U.S.C.
1301(a)), and of which the subsoil and seabed appertain
to the United States and are subject to its
jurisdiction and control.
(10) The term ``political subdivision'' means the
local political jurisdiction immediately below the
level of State government, including counties,
parishes, and boroughs. If State law recognizes an
entity of general government that functions in lieu of,
and is not within, a county, parish, or borough, the
Secretary may recognize an area under the jurisdiction
of such other entities of general government as a
political subdivision for purposes of this title.
(11) The term ``producing State'' means a State with
a coastal seaward boundary within 200 miles from the
geographic center of a leased tract other than a leased
tract or portion of a leased tract that is located in a
geographic area subject to a leasing moratorium on
January 1, 1999 (unless the lease was issued prior to
the establishment of the moratorium and was in
production on January 1, 1999).
(12) The term ``qualified Outer Continental Shelf
revenues'' means (except as otherwise provided in this
paragraph) all moneys received by the United States
from each leased tract or portion of a leased tract
lying seaward of the zone defined and governed by
section 8(g) of the Outer Continental Shelf Lands Act
(43 U.S.C. 1337(g)), or lying within such zone but to
which section 8(g) does not apply, the geographic
center of which lies within a distance of 200 miles
from any part of the coastline of any coastal State,
including bonus bids, rents, royalties (including
payments for royalty taken in kind and sold), net
profit share payments, and related late-payment
interest from natural gas and oil leases issued
pursuant to the Outer Continental Shelf Lands Act. Such
term does not include any revenues from a leased tract
or portion of a leased tract that is located in a
geographic area subject to a leasing moratorium on
January 1, 1999, unless the lease was issued prior to
the establishment of the moratorium and was in
production on January 1, 1999.
(13) The term ``Secretary'' means the Secretary of
the Interior or the Secretary's designee, except as
otherwise specifically provided.
(14) The term ``Fund'' means the Conservation and
Reinvestment Act Fund established under section 5.
SEC. 4. ANNUAL REPORTS.
(a) State Reports.--On June 15 of each year, each Governor
receiving moneys from the Fund shall account for all moneys so
received for the previous fiscal year in a written report to
the Secretary of the Interior or the Secretary of Agriculture,
as appropriate. The report shall include, in accordance with
regulations prescribed by the Secretaries, a description of all
projects and activities receiving funds under this Act. In
order to avoid duplication, such report may incorporate by
reference any other reports required to be submitted under
other provisions of law to the Secretary concerned by the
Governor regarding any portion of such moneys.
(b) Report to Congress.--On January 1 of each year the
Secretary of the Interior, in consultation with the Secretary
of Agriculture, shall submit an annual report to the Congress
documenting all moneys expended by the Secretary of the
Interior and the Secretary of Agriculture from the Fund during
the previous fiscal year and summarizing the contents of the
Governors' reports submitted to the Secretaries under
subsection (a).
SEC. 5. CONSERVATION AND REINVESTMENT ACT FUND.
(a) Establishment of Fund.--There is established in the
Treasury of the United States a fund which shall be known as
the ``Conservation and Reinvestment Act Fund''. In each fiscal
year after the fiscal year 2000, the Secretary of the Treasury
shall deposit into the Fund the following amounts:
(1) OCS revenues.--An amount in each such fiscal year
from qualified Outer Continental Shelf revenues equal
to the difference between $2,825,000,000 and the
amounts deposited in the Fund under paragraph (2),
notwithstanding section 9 of the Outer Continental
Shelf Lands Act (43 U.S.C. 1338).
(2) Amounts not disbursed.--All allocated but
undisbursed amounts returned to the Fund under section
101(a)(2).
(3) Interest.--All interest earned under subsection
(d) that is not made available under paragraph (2) or
(4) of that subsection.
(b) Transfer for Expenditure.--In each fiscal year after the
fiscal year 2001, the Secretary of the Treasury shall transfer
amounts deposited into the Fund as follows:
(1) $1,000,000,000 to the Secretary of the Interior
for purposes of making payments to coastal States under
title I of this Act.
(2) To the Land and Water Conservation Fund for
expenditure as provided in section 3(a) of the Land and
Water Conservation Fund Act of 1965 (16 U.S.C. 460l-
6(a)) such amounts as are necessary to make the income
of the fund $900,000,000 in each such fiscal year.
(3) $350,000,000 to the Federal aid to wildlife
restoration fund established under section 3 of the
Federal Aid in Wildlife Restoration Act (16 U.S.C.
669b).
(4) $125,000,000 to the Secretary of the Interior to
carry out the Urban Park and Recreation Recovery Act of
1978 (16 U.S.C. 2501 and following).
(5) $100,000,000 to the Secretary of the Interior to
carry out the National Historic Preservation Act (16
U.S.C. 470 and following).
(6) $200,000,000 to the Secretary of the Interior and
the Secretary of Agriculture to carry out title VI of
this Act.
(7) $100,000,000 to the Secretary of Agriculture to
carry out the farmland protection program under section
388 of the Federal Agriculture Improvement and Reform
Act of 1996 (Public Law 104-127; 16 U.S.C. 3830 note)
and the Forest Legacy Program under section 7 of the
Cooperative Forestry Assistance Act of 1978 (16 U.S.C.
2103c).
(8) $50,000,000 to the Secretary of the Interior to
carry out subtitle B of title VII of this Act.
(c) Shortfall.--If amounts deposited into the Fund in any
fiscal year after the fiscal year 2000 are less than
$2,825,000,000, the amounts transferred under paragraphs (1)
through (7) of subsection (b) for that fiscal year shall each
be reduced proportionately.
(d) Interest.--
(1) In general.--The Secretary of the Treasury shall
invest moneys in the Fund in public debt securities
with maturities suitable to the needs of the Fund, as
determined by the Secretary of the Treasury, and
bearing interest at rates determined by the Secretary
of the Treasury, taking into consideration current
market yields on outstanding marketable obligations of
the United States of comparable maturity.
(2) Use of interest.--Except as provided in
paragraphs (3) and (4), interest earned on such moneys
shall be available, subject to appropriations for
fiscal years before fiscal year 2006 and without
further appropriation for fiscal year 2006 and each
fiscal year thereafter, for obligation or expenditure
under--
(A) chapter 69 of title 31 of the United
States Code (relating to payment in lieu of
taxes), and
(B) section 401 of the Act of June 15, 1935
(49 Stat. 383; 16 U.S.C. 715s) (relating to
refuge revenue sharing).
In each fiscal year such interest shall be allocated
between the programs referred to in subparagraph (A)
and (B) in proportion to the amounts authorized and
appropriated for that fiscal year under other
provisions of law for purposes of such programs.
(3) Ceiling on expenditures of interest.--Amounts
made available under paragraph (2) in each fiscal year
shall not exceed $200,000,000.
(4) Title iii interest.--All interest attributable to
amounts transferred by the Secretary of the Treasury to
the Secretary of the Interior for purposes of title III
of this Act (and the amendments made by such title III)
shall be available, subject to appropriations for
fiscal years before fiscal year 2006 and without
further appropriation for fiscal year 2006 and each
fiscal year thereafter, for obligation or expenditure
for purposes of the North American Wetlands
Conservation Act of 1989 (16 U.S.C. 4401 and
following).
(e) Refunds.--In those instances where through judicial
decision, administrative review, arbitration, or other means
there are royalty refunds owed to entities generating revenues
under this title, such refunds shall be paid by the Secretary
of the Treasury from amounts available in the Fund.
SEC. 6. LIMITATION ON USE OF AVAILABLE AMOUNTS FOR ADMINISTRATION.
Notwithstanding any other provision of law, of amounts made
available by this Act (including the amendments made by this
Act) for a particular activity, not more than 2 percent may be
used for administrative expenses of that activity. Nothing in
this section shall affect the prohibition contained in section
4(c)(3) of the Federal Aid in Wildlife Restoration Act (as
amended by this Act).
SEC. 7. RECORDKEEPING REQUIREMENTS.
The Secretary of the Interior in consultation with the
Secretary of Agriculture shall establish such rules regarding
recordkeeping by State and local governments and the auditing
of expenditures made by State and local governments from funds
made available under this Act as may be necessary. Such rules
shall be in addition to other requirements established
regarding recordkeeping and the auditing of such expenditures
under other authority of law.
SEC. 8. MAINTENANCE OF EFFORT AND MATCHING FUNDING.
(a) In General.--Except as provided in subsection (b), no
State or local government shall receive any funds under this
Act during any fiscal year when its expenditures of non-Federal
funds for recurrent expenditures for programs for which funding
is provided under this Act will be less than its expenditures
were for such programs during the preceding fiscal year. No
State or local government shall receive any funding under this
Act with respect to a program unless the Secretary is satisfied
that such a grant will be so used to supplement and, to the
extent practicable, increase the level of State, local, or
other non-Federal funds available for such program. In order
for the Secretary to provide funding under this Act in a timely
manner each fiscal year, the Secretary shall compare a State or
local government's prospective expenditure level to that of its
second preceding fiscal year.
(b) Exception.--The Secretary may provide funding under this
Act to a State or local government not meeting the requirements
of subsection (a) if the Secretary determines that a reduction
in expenditures is attributable to a non-selective reduction in
the expenditures in the programs of all Executive branch
agencies of the State or local government.
(c) Use of Fund To Meet Matching Requirements.--All funds
received by a State or local government under this Act shall be
treated as Federal funds for purposes of compliance with any
provision in effect under any other law requiring that non-
Federal funds be used to provide a portion of the funding for
any program or project.
SEC. 9. SUNSET.
This Act, including the amendments made by this Act, shall
have no force or effect after September 30, 2020.
SEC. 10. PROTECTION OF PRIVATE PROPERTY RIGHTS.
(a) Savings Clause.--Nothing in the Act shall authorize that
private property be taken for public use, without just
compensation--
(1) as provided by the Fifth and Fourteenth
amendments to the United States Constitution; and
(2) determined based on an independent appraisal of
the property, that is--
(A) paid for by the Federal Government; and
(B) performed by an appraiser approved by the
property owner and the head of the Federal
agency taking the action that constitutes a
taking of the property.
(b) Regulation.--Federal agencies, using funds appropriated
by this Act, may not apply any regulation on any lands until
the lands or water, or an interest therein, is acquired, unless
specifically authorized to do so by another Act of Congress.
(c) Protection of Rights in Non-Federal Property From Federal
Acquisition of Nearby Lands.--The right of an owner of non-
Federal real property to use and enjoy that property shall not
be diminished based on the property being--
(1) within the boundaries of a Federal unit as a
consequence of the acquisition of lands for that unit
with amounts made available by this Act; or
(2) adjacent to Federal lands acquired with amounts
made available by this Act.
SEC. 11. SIGNS.
(a) In General.--The Secretary shall require, as a condition
of any financial assistance provided with amounts made
available by this Act, that the person that owns or administers
any site that benefits from such assistance shall include on
any sign otherwise installed at that site at or near an
entrance or public use focal point, a statement that the
existence or development of the site (or both), as appropriate,
is a product of such assistance.
(b) Standards.--The Secretary shall provide for the design of
standardized signs for purposes of subsection (a), and shall
prescribe standards and guidelines for such signs.
TITLE I--IMPACT ASSISTANCE AND COASTAL CONSERVATION
SEC. 101. IMPACT ASSISTANCE FORMULA AND PAYMENTS.
(a) Impact Assistance Payments to States.--
(1) Grant program.--Amounts transferred to the
Secretary of the Interior from the Conservation and
Reinvestment Act Fund under section 5(b)(1) of this Act
for purposes of making payments to coastal States under
this title in any fiscal year shall be allocated by the
Secretary of the Interior among coastal States as
provided in this section in each such fiscal year. In
each such fiscal year, the Secretary of the Interior
shall, subject to appropriations for fiscal years
before fiscal year 2006 and without further
appropriation for fiscal year 2006 and each fiscal year
thereafter, disburse such allocated funds to those
coastal States for which the Secretary has approved a
Coastal State Conservation and Impact Assistance Plan
as required by this title. Payments for all projects
shall be made by the Secretary to the Governor of the
State or to the State official or agency designated by
the Governor or by State law as having authority and
responsibility to accept and to administer funds paid
hereunder. No payment shall be made to any State until
the State has agreed to provide such reports to the
Secretary, in such form and containing such
information, as may be reasonably necessary to enable
the Secretary to perform his duties under this title,
and provide such fiscal control and fund accounting
procedures as may be necessary to assure proper
disbursement and accounting for Federal revenues paid
to the State under this title.
(2) Failure to have plan approved.--At the end of
each fiscal year, the Secretary shall return to the
Conservation and Reinvestment Act Fund any amount that
the Secretary allocated, but did not disburse, in that
fiscal year to a coastal State that does not have an
approved plan under this title before the end of the
fiscal year in which such grant is allocated, except
that the Secretary shall hold in escrow until the final
resolution of the appeal any amount allocated, but not
disbursed, to a coastal State that has appealed the
disapproval of a plan submitted under this title.
(b) Allocation Among Coastal States.--
(1) Allocable share for each state.--For each coastal
State, the Secretary shall determine the State's
allocable share of the total amount of the revenues
transferred from the Fund under section 5(b)(1) for
each fiscal year using the following weighted formula:
(A) 50 percent of such revenues shall be
allocated among the coastal States as provided
in paragraph (2).
(B) 25 percent of such revenues shall be
allocated to each coastal State based on the
ratio of each State's shoreline miles to the
shoreline miles of all coastal States.
(C) 25 percent of such revenues shall be
allocated to each coastal State based on the
ratio of each State's coastal population to the
coastal population of all coastal States.
(2) Offshore outer continental shelf share.--If any
portion of a producing State lies within a distance of
200 miles from the geographic center of any leased
tract, the Secretary of the Interior shall determine
such State's allocable share under paragraph (1)(A)
based on the formula set forth in this paragraph. Such
State share shall be calculated as of the date of the
enactment of this Act for the first 5-fiscal year
period during which funds are disbursed under this
title and recalculated on the anniversary of such date
each fifth year thereafter for each succeeding 5-fiscal
year period. Each such State's allocable share of the
revenues disbursed under paragraph (1)(A) shall be
inversely proportional to the distance between the
nearest point on the coastline of such State and the
geographic center of each leased tract or portion of
the leased tract (to the nearest whole mile) that is
within 200 miles of that coastline, as determined by
the Secretary for the 5-year period concerned. In
applying this paragraph a leased tract or portion of a
leased tract shall be excluded if the tract or portion
is located in a geographic area subject to a leasing
moratorium on January 1, 1999, unless the lease was
issued prior to the establishment of the moratorium and
was in production on January 1, 1999.
(3) Minimum state share.--
(A) In general.--The allocable share of
revenues determined by the Secretary under this
subsection for each coastal State with an
approved coastal management program (as defined
by the Coastal Zone Management Act of 1972 (16
U.S.C. 1451)), or which is making satisfactory
progress toward one, shall not be less in any
fiscal year than 0.50 percent of the total
amount of the revenues transferred by the
Secretary of the Treasury to the Secretary of
the Interior for purposes of this title for
that fiscal year under subsection (a). For any
other coastal State the allocable share of such
revenues shall not be less than 0.25 percent of
such revenues.
(B) Recomputation.--Where one or more coastal
States' allocable shares, as computed under
paragraphs (1) and (2), are increased by any
amount under this paragraph, the allocable
share for all other coastal States shall be
recomputed and reduced by the same amount so
that not more than 100 percent of the amount
transferred by the Secretary of the Treasury to
the Secretary of the Interior for purposes of
this title for that fiscal year under section
5(b)(1) is allocated to all coastal States. The
reduction shall be divided pro rata among such
other coastal States.
(c) Payments to Political Subdivisions.--In the case of a
producing State, the Governor of the State shall pay 50 percent
of the State's allocable share, as determined and disbursed
under subsection (b), to the coastal political subdivisions in
such State. Such payments shall be allocated among such coastal
political subdivisions of the State according to an allocation
formula analogous to the allocation formula used in subsection
(b) to allocate revenues among the coastal States, except that
a coastal political subdivision in the State of California that
has a coastal shoreline, that is not within 200 miles of the
geographic center of a leased tract or portion of a leased
tract, and in which there is located one or more oil refineries
shall be eligible for that portion of the allocation described
in subsection (b)(1)(A) and (b)(2) in the same manner as if
that political subdivision were located within a distance of 50
miles from the geographic center of any leased tract.
(d) Time of Payment.--Payments to coastal States and coastal
political subdivisions under this section shall be made not
later than December 31 of each year from revenues received
during the immediately preceding fiscal year.
SEC. 102. COASTAL STATE CONSERVATION AND IMPACT ASSISTANCE PLANS.
(a) Development and Submission of State Plans.--Each coastal
State seeking to receive grants under this title shall prepare,
and submit to the Secretary, a Statewide Coastal State
Conservation and Impact Assistance Plan. In the case of a
producing State, the Governor shall incorporate the plans of
the coastal political subdivisions into the Statewide plan for
transmittal to the Secretary. The Governor shall solicit local
input and shall provide for public participation in the
development of the Statewide plan. The plan shall be submitted
to the Secretary by April 1 of the calendar year after the
calendar year in which this Act is enacted.
(b) Approval or Disapproval.--
(1) In general.--Approval of a Statewide plan under
subsection (a) is required prior to disbursement of
funds under this title by the Secretary. The Secretary
shall approve the Statewide plan if the Secretary
determines, in consultation with the Secretary of
Commerce, that the plan is consistent with the uses set
forth in subsection (c) and if the plan contains each
of the following:
(A) The name of the State agency that will
have the authority to represent and act for the
State in dealing with the Secretary for
purposes of this title.
(B) A program for the implementation of the
plan which, for producing States, includes a
description of how funds will be used to
address the impacts of oil and gas production
from the Outer Continental Shelf.
(C) Certification by the Governor that ample
opportunity has been accorded for public
participation in the development and revision
of the plan.
(D) Measures for taking into account other
relevant Federal resources and programs. The
plan shall be correlated so far as practicable
with other State, regional, and local plans.
(2) Procedure and timing; revisions.--The Secretary
shall approve or disapprove each plan submitted in
accordance with this section. If a State first submits
a plan by not later than 90 days before the beginning
of the first fiscal year to which the plan applies, the
Secretary shall approve or disapprove the plan by not
later than 30 days before the beginning of that fiscal
year.
(3) Amendment or revision.--Any amendment to or
revision of the plan shall be prepared in accordance
with the requirements of this subsection and shall be
submitted to the Secretary for approval or disapproval.
Any such amendment or revision shall take effect only
for fiscal years after the fiscal year in which the
amendment or revision is approved by the Secretary.
(c) Authorized Uses of State Grant Funding.--The funds
provided under this title to a coastal State and for coastal
political subdivisions are authorized to be used only for one
or more of the following purposes:
(1) Data collection, including but not limited to
fishery or marine mammal stock surveys in State waters
or both, cooperative State, interstate, and Federal
fishery or marine mammal stock surveys or both,
cooperative initiatives with universities and private
entities for fishery and marine mammal surveys,
activities related to marine mammal and fishery
interactions, and other coastal living marine resources
surveys.
(2) The conservation, restoration, enhancement, or
creation of coastal habitats.
(3) Cooperative Federal or State enforcement of
marine resources management statutes.
(4) Fishery observer coverage programs in State or
Federal waters.
(5) Invasive, exotic, and nonindigenous species
identification and control.
(6) Coordination and preparation of cooperative
fishery conservation and management plans between
States including the development and implementation of
population surveys, assessments and monitoring plans,
and the preparation and implementation of State fishery
management plans developed by interstate marine fishery
commissions.
(7) Preparation and implementation of State fishery
or marine mammal management plans that comply with
bilateral or multilateral international fishery or
marine mammal conservation and management agreements or
both.
(8) Coastal and ocean observations necessary to
develop and implement real time tide and current
measurement systems.
(9) Implementation of federally approved marine,
coastal, or comprehensive conservation and management
plans.
(10) Mitigating marine and coastal impacts of Outer
Continental Shelf activities including impacts on
onshore infrastructure.
(11) Projects that promote research, education,
training, and advisory services in fields related to
ocean, coastal, and Great Lakes resources.
(d) Compliance With Authorized Uses.--Based on the annual
reports submitted under section 4 of this Act and on audits
conducted by the Secretary under section 7, the Secretary shall
review the expenditures made by each State and coastal
political subdivision from funds made available under this
title. If the Secretary determines that any expenditure made by
a State or coastal political subdivision of a State from such
funds is not consistent with the authorized uses set forth in
subsection (c), the Secretary shall not make any further grants
under this title to that State until the funds used for such
expenditure have been repaid to the Conservation and
Reinvestment Act Fund.
TITLE II--LAND AND WATER CONSERVATION FUND REVITALIZATION
SEC. 201. AMENDMENT OF LAND AND WATER CONSERVATION FUND ACT OF 1965.
Except as otherwise expressly provided, whenever in this
title an amendment or repeal is expressed in terms of an
amendment to, or repeal of, a section or other provision, the
reference shall be considered to be made to a section or other
provision of the Land and Water Conservation Fund Act of 1965
(16 U.S.C. 460l-4 and following).
SEC. 202. EXTENSION OF FUND; TREATMENT OF AMOUNTS TRANSFERRED FROM
CONSERVATION AND REINVESTMENT ACT FUND.
Section 2(c) is amended to read as follows:
``(c) Amounts Transferred From Conservation and Reinvestment
Act Fund.--In addition to the sum of the revenues and
collections estimated by the Secretary of the Interior to be
covered into the fund pursuant to subsections (a) and (b) of
this section, there shall be covered into the fund all amounts
transferred to the fund under section 5(b)(2) of the
Conservation and Reinvestment Act of 2000.''.
SEC. 203. AVAILABILITY OF AMOUNTS.
Section 3 (16 U.S.C. 460l-6) is amended to read as follows:
``appropriations
``Sec. 3. (a) In General.--There are authorized to be
appropriated to the Secretary from the fund to carry out this
Act not more than $900,000,000 in any fiscal year after the
fiscal year 2001. Amounts transferred to the fund from the
Conservation and Reinvestment Act Fund and amounts covered into
the fund under subsections (a) and (b) of section 2 shall be
available to the Secretary in fiscal years after the fiscal
year 2001, subject to appropriations for fiscal years before
fiscal year 2006 and without further appropriation for fiscal
year 2006 and each fiscal year thereafter, to carry out this
Act.
``(b) Obligation and Expenditure of Available Amounts.--
Amounts available for obligation or expenditure from the fund
or from the special account established under section 4(i)(1)
may be obligated or expended only as provided in this Act.''.
SEC. 204. ALLOCATION OF FUND.
Section 5 (16 U.S.C. 460l-7) is amended to read as follows:
``allocation of funds
``Sec. 5. Of the amounts made available for each fiscal year
to carry out this Act--
``(1) 50 percent shall be available for Federal
purposes (in this Act referred to as the `Federal
portion'); and
``(2) 50 percent shall be available for grants to
States.''.
SEC. 205. USE OF FEDERAL PORTION.
Section 7 (16 U.S.C. 460l-9) is amended by adding at the end
the following:
``(d) Use of Federal Portion.--
``(1) Approval by congress required.--The Federal
portion (as that term is defined in section 5(1)) may
not be obligated or expended by the Secretary of the
Interior or the Secretary of Agriculture for any
acquisition except those specifically referred to, and
approved by the Congress, in an Act making
appropriations for the Department of the Interior or
the Department of Agriculture, respectively.
``(2) Willing seller requirement.--The Federal
portion may not be used to acquire any property
unless--
``(A) the owner of the property concurs in
the acquisition; and
``(B) acquisition of that property is
specifically approved by an Act of Congress.
``(3) Certification by gao required.--Of the amounts
in the Federal portion that are transferred from the
Conservation and Reinvestment Act Fund and available
for a fiscal year to the Secretary of the Interior or
to the Secretary of Agriculture, respectively, 25
percent may not be obligated or expended and shall be
returned to the general fund of the Treasury unless,
before the commencement of the fiscal year, the
Comptroller General of the United States submits to the
President and the Congress a finding that the
operational maintenance backlog of the National Park
Service, United States Fish and Wildlife Service, and
the Bureau of Land Management of the Department of the
Interior or the United States Forest Service of the
Department of Agriculture (as applicable) as of the
beginning of the preceding fiscal year has been reduced
by at least 5 percent.
``(e) List of Proposed Federal Acquisitions.--
``(1) Restriction on use.--The Federal portion for a
fiscal year may not be obligated or expended to acquire
any interest in lands or water unless the lands or
water were included in a list of acquisitions that is
approved by the Congress. This list shall include an
inventory of surplus lands under the administrative
jurisdiction of the Secretary of the Interior and the
Secretary of Agriculture for which there is no
demonstrated compelling program need.
``(2) Transmission of list.--(A) The Secretary of the
Interior and the Secretary of Agriculture shall jointly
transmit to the appropriate authorizing and
appropriations committees of the House of
Representatives and the Senate for each fiscal year, by
no later than the submission of the budget for the
fiscal year under section 1105 of title 31, United
States Code, a list of the acquisitions of interests in
lands and water proposed to be made with the Federal
portion for the fiscal year.
``(B) In preparing each list, the Secretary shall--
``(i) seek to consolidate Federal
landholdings in States with checkerboard
Federal land ownership patterns;
``(ii) use equal value land exchanges, where
feasible and suitable, as an alternative means
of land acquisition;
``(iii) use permanent conservation easements,
where feasible and suitable, as an alternative
means of acquisition;
``(iv) identify those properties that are
proposed to be acquired from willing sellers,
and not use adverse condemnation; and
``(v) establish priorities based on such
factors as important or special resource
attributes, threats to resource integrity,
timely availability, owner hardship, cost
escalation, public recreation use values, and
similar considerations.
``(3) Information regarding proposed acquisitions.--
Each list shall include, for each proposed acquisition
included in the list--
``(A) citation of the statutory authority for
the acquisition, if such authority exists; and
``(B) an explanation of why the particular
interest proposed to be acquired was selected,
including an explanation of the priorities
under paragraph (2)(B)(iv) that were applied in
making the selection.
``(f) Notification to Affected Areas Required.--The Federal
portion for a fiscal year may not be used to acquire any
interest in land unless the Secretary administering the
acquisition, by not later than 30 days after the date the
Secretaries submit the list under subsection (e) for the fiscal
year, provides notice of the proposed acquisition--
``(1) in writing to each Member of and each Delegate
and Resident Commissioner to the Congress elected to
represent any area in which is located--
``(A) the land; or
``(B) any part of any federally designated
unit that includes the land;
``(2) in writing to the Governor of the State in
which the land is located;
``(3) in writing to each State political subdivision
having jurisdiction over the land; and
``(4) by publication of a notice in a newspaper that
is widely distributed in the area under the
jurisdiction of each such State political subdivision,
that includes a clear statement that the Federal
Government intends to acquire an interest in land.
``(g) Compliance With Requirements Under Federal Laws.--
``(1) In general.--The Federal portion for a fiscal
year may not be used to acquire any interest in land or
water unless the following have occurred:
``(A) All actions required under Federal law
with respect to the acquisition have been
complied with.
``(B) A copy of each final environmental
impact statement or environmental assessment
required by law, and a summary of all public
comments regarding the acquisition that have
been received by the agency making the
acquisition, are submitted to the Committee on
Resources of the House of Representatives, the
Committee on Energy and Natural Resources of
the Senate, and the Committees on
Appropriations of the House of Representatives
and of the Senate.
``(C) A notice of the availability of such
statement or assessment and of such summary is
provided to--
``(i) each Member of and each
Delegate and Resident Commissioner to
the Congress elected to represent the
area in which the land is located;
``(ii) the Governor of the State in
which the land is located; and
``(iii) each State political
subdivision having jurisdiction over
the land.
``(2) Limitation on application.--Paragraph (1) shall
not apply to any acquisition that is specifically
authorized by a Federal law.''.
SEC. 206. ALLOCATION OF AMOUNTS AVAILABLE FOR STATE PURPOSES.
(a) In General.--Section 6(b) (16 U.S.C. 460l-8(b)) is
amended to read as follows:
``(b) Distribution Among the States.--(1) Sums in the fund
available each fiscal year for State purposes shall be
apportioned among the several States by the Secretary, in
accordance with this subsection. The determination of the
apportionment by the Secretary shall be final.
``(2) Subject to paragraph (3), of sums in the fund available
each fiscal year for State purposes--
``(A) 30 percent shall be apportioned equally among the
several States; and
``(B) 70 percent shall be apportioned so that the ratio
that the amount apportioned to each State under this
subparagraph bears to the total amount apportioned
under this subparagraph for the fiscal year is equal to
the ratio that the population of the State bears to the
total population of all States.
``(3) The total allocation to an individual State for a
fiscal year under paragraph (2) shall not exceed 10 percent of
the total amount allocated to the several States under
paragraph (2) for that fiscal year.
``(4) The Secretary shall notify each State of its
apportionment, and the amounts thereof shall be available
thereafter to the State for planning, acquisition, or
development projects as hereafter described. Any amount of any
apportionment under this subsection that has not been paid or
obligated by the Secretary during the fiscal year in which such
notification is given and the two fiscal years thereafter shall
be reapportioned by the Secretary in accordance with paragraph
(2), but without regard to the 10 percent limitation to an
individual State specified in paragraph (3).
``(5)(A) For the purposes of paragraph (2)(A)--
``(i) the District of Columbia shall be treated as a
State; and
``(ii) Puerto Rico, the Virgin Islands, Guam, and
American Samoa--
``(I) shall be treated collectively as one
State; and
``(II) shall each be allocated an equal share
of any amount distributed to them pursuant to
clause (i).
``(B) Each of the areas referred to in subparagraph (A) shall
be treated as a State for all other purposes of this Act.''.
(b) Tribes and Alaska Native Corporations.--Section 6(b)(5)
(16 U.S.C. 460l-8(b)(5)) is further amended by adding at the
end the following new subparagraph:
``(C) For the purposes of paragraph (1), all federally
recognized Indian tribes and Native Corporations (as defined in
section 3 of the Alaska Native Claims Settlement Act (43 U.S.C.
1602)), shall be eligible to receive shares of the
apportionment under paragraph (1) in accordance with a
competitive grant program established by the Secretary by rule.
The total apportionment available to such tribes and Native
Corporations shall be equivalent to the amount available to a
single State. No single tribe or Native Corporation shall
receive a grant that constitutes more than 10 percent of the
total amount made available to all tribes and Native
Corporations pursuant to the apportionment under paragraph (1).
Funds received by a tribe or Native Corporation under this
subparagraph may be expended only for the purposes specified in
paragraphs (1) and (3) of subsection (a).''.
(c) Local Allocation.--Section 6(b) (16 U.S.C. 460l-8(b)) is
amended by adding at the end the following:
``(6) Absent some compelling and annually documented reason
to the contrary acceptable to the Secretary of the Interior,
each State (other than an area treated as a State under
paragraph (5)) shall make available as grants to local
governments, at least 50 percent of the annual State
apportionment, or an equivalent amount made available from
other sources.''.
SEC. 207. STATE PLANNING.
(a) State Action Agenda Required.--
(1) In general.--Section 6(d) (16 U.S.C. 460l-8(d))
is amended to read as follows:
``(d) State Action Agenda Required.--(1) Each State may
define its own priorities and criteria for selection of outdoor
conservation and recreation acquisition and development
projects eligible for grants under this Act so long as it
provides for public involvement in this process and publishes
an accurate and current State Action Agenda for Community
Conservation and Recreation (in this Act referred to as the
`State Action Agenda') indicating the needs it has identified
and the priorities and criteria it has established. In order to
assess its needs and establish its overall priorities, each
State, in partnership with its local governments and in
consultation with its citizens, shall develop, within 5 years
after the enactment of the Conservation and Reinvestment Act of
2000, a State Action Agenda that meets the following
requirements:
``(A) The agenda must be strategic, originating in
broad-based and long-term needs, but focused on actions
that can be funded over the next 4 years.
``(B) The agenda must be updated at least once every
4 years and certified by the Governor that the State
Action Agenda conclusions and proposed actions have
been considered in an active public involvement
process.
``(2) State Action Agendas shall take into account all
providers of conservation and recreation lands within each
State, including Federal, regional, and local government
resources, and shall be correlated whenever possible with other
State, regional, and local plans for parks, recreation, open
space, and wetlands conservation. Recovery action programs
developed by urban localities under section 1007 of the Urban
Park and Recreation Recovery Act of 1978 may be used by a State
as a guide to the conclusions, priorities, and action schedules
contained in State Action Agenda. Each State shall assure that
any requirements for local outdoor conservation and recreation
planning, promulgated as conditions for grants, minimize
redundancy of local efforts by allowing, wherever possible, use
of the findings, priorities, and implementation schedules of
recovery action programs to meet such requirements.''.
(2) Existing state plans.--Comprehensive State Plans
developed by any State under section 6(d) of the Land
and Water Conservation Fund Act of 1965 before the date
that is 5 years after the enactment of this Act shall
remain in effect in that State until a State Action
Agenda has been adopted pursuant to the amendment made
by this subsection, but no later than 5 years after the
enactment of this Act.
(b) Miscellaneous.--Section 6(e) (16 U.S.C. 460l-8(e)) is
amended as follows:
(1) In the matter preceding paragraph (1) by striking
``State comprehensive plan'' and inserting ``State
Action Agenda''.
(2) In paragraph (1) by striking ``comprehensive
plan'' and inserting ``State Action Agenda''.
SEC. 208. ASSISTANCE TO STATES FOR OTHER PROJECTS.
Section 6(e)(2) (16 U.S.C. 460l-8(e)(2)) is amended by
inserting before the period at the end the following: ``or to
enhance public safety within a designated park or recreation
area''.
SEC. 209. CONVERSION OF PROPERTY TO OTHER USE.
Section 6(f)(3) (16 U.S.C. 460l-8(f)(3)) is amended--
(1) by inserting ``(A)'' before ``No property''; and
(2) by striking the second sentence and inserting the
following:
``(B) Prior to each such conversion, the Governor of the
State shall demonstrate that--
``(i) no prudent or feasible alternative exists with
the exception of those properties that no longer meet
the criteria within the State Plan or Agenda as an
outdoor conservation and recreation facility due to
changes in demographics or that must be abandoned
because of environmental contamination which endangers
public health and safety; and
``(ii) the conversion will assure the substitution of
other conservation and recreation properties of at
least equal fair market value and reasonably equivalent
usefulness and location and that are consistent with
the existing State Plan or Agenda.''.
SEC. 210. WATER RIGHTS.
Title I is amended by adding at the end the following:
``water rights
``Sec. 14. Nothing in this title--
``(1) invalidates or preempts State or Federal water
law or an interstate compact governing water;
``(2) alters the rights of any State to any
appropriated share of the waters of any body of surface
or ground water, whether determined by past or future
interstate compacts or by past or future legislative or
final judicial allocations;
``(3) preempts or modifies any Federal or State law,
or interstate compact, dealing with water quality or
disposal; or
``(4) confers on any non-Federal entity the ability
to exercise any Federal right to the waters of any
stream or to any ground water resource.''.
TITLE III--WILDLIFE CONSERVATION AND RESTORATION
SEC. 301. PURPOSES.
The purposes of this title are--
(1) to extend financial and technical assistance to
the States under the Federal Aid to Wildlife
Restoration Act for the benefit of a diverse array of
wildlife and associated habitats, including species
that are not hunted or fished, to fulfill unmet needs
of wildlifewithin the States in recognition of the
primary role of the States to conserve all wildlife;
(2) to assure sound conservation policies through the
development, revision, and implementation of a
comprehensive wildlife conservation and restoration
plan;
(3) to encourage State fish and wildlife agencies to
participate with the Federal Government, other State
agencies, wildlife conservation organizations, and
outdoor recreation and conservation interests through
cooperative planning and implementation of this title;
and
(4) to encourage State fish and wildlife agencies to
provide for public involvement in the process of
development and implementation of a wildlife
conservation and restoration program.
SEC. 302. DEFINITIONS.
(a) Reference to Law.--In this title, the term ``Federal Aid
in Wildlife Restoration Act'' means the Act of September 2,
1937 (16 U.S.C. 669 and following), commonly referred to as the
Federal Aid in Wildlife Restoration Act or the Pittman-
Robertson Act.
(b) Wildlife Conservation and Restoration Program.--Section 2
of the Federal Aid in Wildlife Restoration Act (16 U.S.C. 669a)
is amended by inserting after ``shall be construed'' the first
place it appears the following: ``to include the wildlife
conservation and restoration program and''.
(c) State Agencies.--Section 2 of the Federal Aid in Wildlife
Restoration Act (16 U.S.C. 669a) is amended by inserting ``or
State fish and wildlife department'' after ``State fish and
game department''.
(d) Definitions.--Section 2 of the Federal Aid in Wildlife
Restoration Act (16 U.S.C. 669a) is amended by striking the
period at the end thereof, substituting a semicolon, and adding
the following: ``the term `conservation' shall be construed to
mean the use of methods and procedures necessary or desirable
to sustain healthy populations of wildlife including all
activities associated with scientific resources management such
as research, census, monitoring of populations, acquisition,
improvement and management of habitat, live trapping and
transplantation, wildlife damage management, and periodic or
total protection of a species or population as well as the
taking of individuals within wildlife stock or population if
permitted by applicable State and Federal law; the term
`wildlife conservation and restoration program' means a program
developed by a State fish and wildlife department and approved
by the Secretary under section 4(d), the projects that
constitute such a program, which may be implemented in whole or
part through grants and contracts by a State to other State,
Federal, or local agencies (including those that gather,
evaluate, and disseminate information on wildlife and their
habitats) wildlife conservation organizations, and outdoor
recreation and conservation education entities from funds
apportioned under this title, and maintenance of such projects;
the term `wildlife' shall be construed to mean any species of
wild, free-ranging fauna including fish, and also fauna in
captive breeding programs the object of which is to reintroduce
individuals of a depleted indigenous species into previously
occupied range; the term `wildlife-associated recreation' shall
be construed to mean projects intended to meet the demand for
outdoor activities associated with wildlife including, but not
limited to, hunting and fishing, wildlife observation and
photography, such projects as construction or restoration of
wildlife viewing areas, observation towers, blinds, platforms,
land and water trails, water access, trail heads, and access
for such projects; and the term `wildlife conservation
education' shall be construed to mean projects, including
public outreach, intended to foster responsible natural
resource stewardship.''.
SEC. 303. TREATMENT OF AMOUNTS TRANSFERRED FROM CONSERVATION AND
REINVESTMENT ACT FUND.
Section 3 of the Federal Aid in Wildlife Restoration Act (16
U.S.C. 669b) is amended--
(1) in subsection (a) by inserting ``(1)'' after
``(a)'', and by adding at the end the following:
``(2) There is established in the Federal aid to wildlife
restoration fund a subaccount to be known as the `wildlife
conservation and restoration account'. Amounts transferred to
the fund for a fiscal year under section 5(b)(3) of the
Conservation and Reinvestment Act of 2000 shall be deposited in
the subaccount and shall be available, subject to
appropriations for fiscal years before fiscal year 2006 and
without further appropriation for fiscal year 2006 and each
fiscal year thereafter, for apportionment in accordance with
this Act to carry out State wildlife conservation and
restoration programs.''; and
(2) by adding at the end the following:
``(c) Amounts transferred to the fund from the Conservation
and Reinvestment Act Fund and apportioned under subsection
(a)(2) shall supplement, but not replace, existing funds
available to the States from the sport fish restoration account
and wildlife restoration account and shall be used for the
development, revision, and implementation of wildlife
conservation and restoration programs and should be used to
address the unmet needs for a diverse array of wildlife and
associated habitats, including species that are not hunted or
fished, for wildlife conservation, wildlife conservation
education, and wildlife-associated recreation projects. Such
funds may be used for new programs and projects as well as to
enhance existing programs and projects.
``(d)(1) Notwithstanding subsections (a) and (b) of this
section, with respect to amounts transferred to the fund from
the Conservation and Reinvestment Act Fund so much of such
amounts as is apportioned to any State for any fiscal year and
as remains unexpended at the closethereof shall remain
available for expenditure in that State until the close of--
``(A) the fourth succeeding fiscal year, in the case
of amounts transferred in any of the first 10 fiscal
years beginning after the date of enactment of the
Conservation and Reinvestment Act of 2000; or
``(B) the second succeeding fiscal year, in the case
of amounts transferred in a fiscal year beginning after
the 10-fiscal-year period referred to in subparagraph
(A).
``(2) Any amount apportioned to a State under this subsection
that is unexpended or unobligated at the end of the period
during which it is available under paragraph (1) shall be
reapportioned to all States during the succeeding fiscal
year.''.
SEC. 304. APPORTIONMENT OF AMOUNTS TRANSFERRED FROM CONSERVATION AND
REINVESTMENT ACT FUND.
(a) In General.--Section 4 of the Federal Aid in Wildlife
Restoration Act (16 U.S.C. 669c) is amended by adding at the
end the following new subsection:
``(c) Amounts Transferred From Conservation and Reinvestment
Act Fund.--(1) The Secretary of the Interior shall, subject to
appropriations for fiscal years before fiscal year 2006 and
without further appropriation for fiscal year 2006 and each
fiscal year thereafter, make the following apportionment from
the amount transferred to the fund from the Conservation and
Reinvestment Act Fund for each fiscal year:
``(A) To the District of Columbia and to the
Commonwealth of Puerto Rico, each a sum equal to not
more than \1/2\ of 1 percent thereof.
``(B) To Guam, American Samoa, the Virgin Islands,
and the Commonwealth of the Northern Mariana Islands,
each a sum equal to not more than \1/6\ of 1 percent
thereof.
``(2)(A) The Secretary of the Interior, after making the
apportionment under paragraph (1), shall apportion the
remainder of the amount transferred to the fund from the
Conservation and Reinvestment Act Fund for each fiscal year
among the States in the following manner:
``(i) \1/3\ of which is based on the ratio to which
the land area of such State bears to the total land
area of all such States.
``(ii) \2/3\ of which is based on the ratio to which
the population of such State bears to the total
population of all such States.
``(B) The amounts apportioned under this paragraph shall be
adjusted equitably so that no such State shall be apportioned a
sum which is less than \1/2\ of 1 percent of the amount
available for apportionment under this paragraph for any fiscal
year or more than 5 percent of such amount.
``(3) Amounts transferred to the fund from the Conservation
and Reinvestment Act Fund shall not be available for any
expenses incurred in the administration and execution of
programs carried out with such amounts.
``(d) Wildlife Conservation and Restoration Programs.--(1)
Any State, through its fish and wildlife department, may apply
to the Secretary of the Interior for approval of a wildlife
conservation and restoration program, or for funds to develop a
program. To apply, a State shall submit a comprehensive plan
that includes--
``(A) provisions vesting in the fish and wildlife
department of the State overall responsibility and
accountability for the program;
``(B) provisions for the development and
implementation of--
``(i) wildlife conservation projects that
expand and support existing wildlife programs,
giving appropriate consideration to all
wildlife;
``(ii) wildlife-associated recreation
projects; and
``(iii) wildlife conservation education
projects pursuant to programs under section
8(a); and
``(C) provisions to ensure public participation in
the development, revision, and implementation of
projects and programs required under this paragraph.
``(2) A State shall provide an opportunity for public
participation in the development of the comprehensive plan
required under paragraph (1).
``(3) If the Secretary finds that the comprehensive plan
submitted by a State complies with paragraph (1), the Secretary
shall approve the wildlife conservation and restoration program
of the State and set aside from the apportionment to the State
made pursuant to subsection (c) an amount that shall not exceed
75 percent of the estimated cost of developing and implementing
the program.
``(4)(A) Except as provided in subparagraph (B), after the
Secretary approves a State's wildlife conservation and
restoration program, the Secretary may make payments on a
project that is a segment of the State's wildlife conservation
and restoration program as the project progresses. Such
payments, including previous payments on the project, if any,
shall not be more than the United States pro rata share of such
project. The Secretary, under such regulations as he may
prescribe, may advance funds representing the United States pro
rata share of a project that is a segment of a wildlife
conservation and restoration program, including funds to
develop such program.
``(B) Not more than 10 percent of the amounts apportioned to
each State under this section for a State's wildlife
conservation and restoration program may be used for wildlife-
associated recreation.
``(5) For purposes of this subsection, the term `State' shall
include the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, Guam, American Samoa, and the
Commonwealth of the Northern Mariana Islands.''.
(b) FACA.--Coordination with State fish and wildlife agency
personnel or with personnel of other State agencies pursuant to
the Federal Aid in Wildlife Restoration Act or the Federal Aid
in Sport Fish Restoration Act shall not be subject to the
Federal Advisory Committee Act (5 U.S.C. App.). Except for the
preceding sentence, the provisions of this title relate solely
to wildlife conservation and restoration programs and shall not
be construed to affect the provisions of the Federal Aid in
Wildlife Restoration Act relating to wildlife restoration
projects or the provisions of the Federal Aid in Sport Fish
Restoration Act relating to fish restoration and management
projects.
SEC. 305. EDUCATION.
Section 8(a) of the Federal Aid in Wildlife Restoration Act
(16 U.S.C. 669g(a)) is amended by adding the following at the
end thereof: ``Funds available from the amount transferred to
the fund from the Conservation and Reinvestment Act Fund may be
used for a wildlife conservation education program, except that
no such funds may be used for education efforts, projects, or
programs that promote or encourage opposition to the regulated
taking of wildlife.''.
SEC. 306. PROHIBITION AGAINST DIVERSION.
No designated State agency shall be eligible to receive
matching funds under this title if sources of revenue available
to it after January 1, 1999, for conservation of wildlife are
diverted for any purpose other than the administration of the
designated State agency, it being the intention of Congress
that funds available to States under this title be added to
revenues from existing State sources and not serve as a
substitute for revenues from such sources. Such revenues shall
include interest, dividends, or other income earned on the
forgoing.
TITLE IV--URBAN PARK AND RECREATION RECOVERY PROGRAM AMENDMENTS
SEC. 401. AMENDMENT OF URBAN PARK AND RECREATION RECOVERY ACT OF 1978.
Except as otherwise expressly provided, whenever in this
title an amendment or repeal is expressed in terms of an
amendment to, or repeal of, a section or other provision, the
reference shall be considered to be made to a section or other
provision of the Urban Park and Recreation Recovery Act of 1978
(16 U.S.C. 2501 and following).
SEC. 402. PURPOSE.
The purpose of this title is to provide a dedicated source of
funding to assist local governments in improving their park and
recreation systems.
SEC. 403. TREATMENT OF AMOUNTS TRANSFERRED FROM CONSERVATION AND
REINVESTMENT ACT FUND.
Section 1013 (16 U.S.C. 2512) is amended to read as follows:
``treatment of amounts transferred from conservation and reinvestment
act fund
``Sec. 1013. (a) In General.--Amounts transferred to the
Secretary of the Interior under section 5(b)(4) of the
Conservation and Reinvestment Act of 2000 in a fiscal year
shall be available to the Secretary, subject to appropriations
for fiscal years before fiscal year 2006 and without further
appropriation for fiscal year 2006 and each fiscal year
thereafter, to carry out this title. Any amount that has not
been paid or obligated by the Secretary before the end of the
second fiscal year beginning after the first fiscal year in
which the amount is available shall be reapportioned by the
Secretary among grantees under this title.
``(b) Limitations on Annual Grants.--Of the amounts available
in a fiscal year under subsection (a)--
``(1) not more that 3 percent may be used for grants
for the development of local park and recreation
recovery action programs pursuant to sections 1007(a)
and 1007(c);
``(2) not more than 10 percent may be used for
innovation grants pursuant to section 1006; and
``(3) not more than 15 percent may be provided as
grants (in the aggregate) for projects in any one
State.
``(c) Limitation on Use for Grant Administration.--The
Secretary shall establish a limit on the portion of any grant
under this title that may be used for grant and program
administration.''.
SEC. 404. DEFINITIONS.
Section 1004 (16 U.S.C. 2503) is amended as follows:
(1) In paragraph (j) by striking ``and'' after the
semicolon.
(2) In paragraph (k) by striking the period at the
end and inserting a semicolon.
(3) By adding at the end the following:
``(l) `development grants'--
``(1) subject to subparagraph (2) means
matching capital grants to units of local
government to cover costs of development and
construction on existing or new neighborhood
recreation sites, including indoor and outdoor
recreational areas and facilities, support
facilities, and landscaping; and
``(2) does not include routine maintenance,
and upkeep activities; and
``(m) `Secretary' means the Secretary of the
Interior.''.
SEC. 405. ELIGIBILITY.
Section 1005(a) (16 U.S.C. 2504(a)) is amended to read as
follows:
``(a) Eligibility of general purpose local governments to
compete for assistance under this title shall be based upon
need as determined by the Secretary. Generally, eligible
general purpose local governments shall include the following:
``(1) All political subdivisions of Metropolitan,
Primary, or Consolidated Statistical Areas, as
determined by the most recent Census.
``(2) Any other city, town, or group of cities or
towns (or both) within such a Metropolitan Statistical
Area, that has a total population of 50,000 or more as
determined by the most recent Census.
``(3) Any other county, parish, or township with a
total population of 250,000 or more as determined by
the most recent Census.''.
SEC. 406. GRANTS.
Section 1006 (16 U.S.C. 2505) is amended--
(1) in subsection (a) by redesignating paragraph (3)
as paragraph (4); and
(2) by striking so much as precedes subsection (a)(4)
(as so redesignated) and inserting the following:
``grants
``Sec. 1006. (a)(1) The Secretary may provide 70 percent
matching grants for rehabilitation, development, and innovation
purposes to any eligible general purpose local government upon
approval by the Secretary of an application submitted by the
chief executive of such government.
``(2) At the discretion of such an applicant, a grant under
this section may be transferred in whole or part to independent
special purpose local governments, private nonprofit agencies,
or county or regional park authorities, if--
``(A) such transfer is consistent with the approved
application for the grant; and
``(B) the applicant provides assurance to the
Secretary that the applicant will maintain public
recreation opportunities at assisted areas and
facilities owned or managed by the applicant in
accordance with section 1010.
``(3) Payments may be made only for those rehabilitation,
development, or innovation projects that have been approved by
the Secretary. Such payments may be made from time to time in
keeping with the rate of progress toward completion of a
project, on a reimbursable basis.''.
SEC. 407. RECOVERY ACTION PROGRAMS.
Section 1007(a) (16 U.S.C. 2506(a)) is amended--
(1) in subsection (a) in the first sentence by
inserting ``development,'' after ``commitments to
ongoing planning,''; and
(2) in subsection (a)(2) by inserting ``development
and'' after ``adequate planning for''.
SEC. 408. STATE ACTION INCENTIVES.
Section 1008 (16 U.S.C. 2507) is amended--
(1) by inserting ``(a) In General.--'' before the
first sentence; and
(2) by striking the last sentence of subsection (a)
(as designated by paragraph (1) of this section) and
inserting the following:
``(b) Coordination With Land and Water Conservation Fund
Activities.--(1) The Secretary and general purpose local
governments are encouraged to coordinate preparation of
recovery action programs required by this title with State
Plans or Agendas required under section 6 of the Land and Water
Conservation Fund Act of 1965, including by allowing
flexibility in preparation of recovery action programs so they
may be used to meet State and local qualifications for local
receipt of Land and Water Conservation Fund grants or State
grants for similar purposes or for other conservation or
recreation purposes.
``(2) The Secretary shall encourage States to consider the
findings, priorities, strategies, and schedules included in the
recovery action programs of their urban localities in
preparation and updating of State plans in accordance with the
public coordination and citizen consultation requirements of
subsection 6(d) of the Land and Water Conservation Fund Act of
1965.''.
SEC. 409. CONVERSION OF RECREATION PROPERTY.
Section 1010 (16 U.S.C. 2509) is amended to read as follows:
``conversion of recreation property
``Sec. 1010. (a) Before converting any property developed,
acquired, or rehabilitated with amounts provided under this
title to any purpose other than public recreation purposes, a
grantee, through the designated State official, shall notify
the Secretary that no prudent or feasible alternative exists.
``(b) Subsection (a) shall apply also to the park,
recreation, or conservation area of which the property is a
part.''.
SEC. 410. REPEAL.
Section 1015 (16 U.S.C. 2514) is repealed.
TITLE V--HISTORIC PRESERVATION FUND
SEC. 501. TREATMENT OF AMOUNTS TRANSFERRED FROM CONSERVATION AND
REINVESTMENT ACT FUND.
Section 108 of the National Historic Preservation Act (16
U.S.C. 470h) is amended--
(1) by inserting ``(a)'' before the first sentence;
(2) in subsection (a) (as designated by paragraph (1)
of this section) by striking all after the first
sentence; and
(3) by adding at the end the following:
``(b) Amounts transferred to the Secretary under section
5(b)(5) of the Conservation and Reinvestment Act of 2000 in a
fiscal year shall be deposited into the Fund and shall be
available, subject to appropriations for fiscal years before
fiscal year 2006 and without further appropriation for fiscal
year 2006 and each fiscal year thereafter, to carry out this
Act.
``(c) At least \1/2\ of the funds obligated or expended each
fiscal year under this Act shall be used in accordance with
this Act for preservation projects on historic properties. In
making such funds available, the Secretary shall give priority
to the preservation of endangered historic properties.''.
SEC. 502. STATE USE OF HISTORIC PRESERVATION ASSISTANCE FOR NATIONAL
HERITAGE AREAS AND CORRIDORS.
Title I of the National Historic Preservation Act (16 U.S.C.
470a and following) is amended by adding at the end the
following:
``SEC. 114. STATE USE OF ASSISTANCE FOR NATIONAL HERITAGE AREAS AND
CORRIDORS.
``In addition to other uses authorized by this Act, amounts
provided to a State under this title may be used by the State
to provide financial assistance to the management entity for
any national heritage area or national heritage corridor
established under the laws of the United States, to support
cooperative historic preservation planning and development.''.
TITLE VI--FEDERAL AND INDIAN LANDS RESTORATION
SEC. 601. PURPOSE.
The purpose of this title is to provide a dedicated source of
funding for a coordinated program on Federal and Indian lands
to restore degraded lands, protect resources that are
threatened with degradation, and protect public health and
safety.
SEC. 602. TREATMENT OF AMOUNTS TRANSFERRED FROM CONSERVATION AND
REINVESTMENT ACT FUND; ALLOCATION.
(a) In General.--Amounts transferred to the Secretary of the
Interior and the Secretary of Agriculture under section 5(b)(5)
of this Act in a fiscal year shall be available in that fiscal
year, subject to appropriations for fiscal years before fiscal
year 2006 and without further appropriation for fiscal year
2006 and each fiscal year thereafter, to carry out this title.
(b) Allocation.--Amounts referred to in subsection (a) year
shall be allocated and available as follows:
(1) Department of the interior.--80 percent shall be
allocated and available to the Secretary of the
Interior to carry out the purpose of this title on
lands within the National Park System, lands within the
National Wildlife Refuge System, and public lands
administered by the Bureau of Land Management.
(2) Department of agriculture.--10 percent shall be
allocated and available to the Secretary of Agriculture
to carry out the purpose of this title on lands within
the National Forest System.
(3) Indian tribes.--10 percent shall be allocated and
available to the Secretary of the Interior for
competitive grants to qualified Indian tribes under
section 603(b).
SEC. 603. AUTHORIZED USES OF TRANSFERRED AMOUNTS.
(a) In General.--Funds made available to carry out this title
shall be used solely for maintenance activities related to
resource protection, or protection of public health or safety.
(b) Competitive Grants to Indian Tribes.--
(1) Grant authority.--The Secretary of the Interior
shall administer a competitive grant program for Indian
tribes, giving priority to projects based upon the
protection of significant resources, the severity of
damages or threats to resources, and the protection of
public health or safety.
(2) Limitation.--The amount received for a fiscal
year by a single Indian tribe in the form of grants
under this subsection may not exceed 10 percent of the
total amount available for that fiscal year for grants
under this subsection.
(c) Priority List.--The Secretary of the Interior and the
Secretary of Agriculture shall each establish priority lists
for the use of funds available under this title. Each list
shall give priority to projects based upon the protection of
significant resources, the severity of damages or threats to
resources, and the protection of public health or safety.
(d) Compliance With Applicable Plans.--Any project carried
out on Federal lands with amounts provided under this title
shall be carried out in accordance with all management plans
that apply under Federal law to the lands.
(e) Tracking Results.--Not later than the end of the first
full fiscal year for which funds are available under this
title, the Secretary of the Interior and the Secretary of
Agriculture shall jointly establish a coordinated program for--
(1) tracking the progress of activities carried out
with amounts made available by this title; and
(2) determining the extent to which demonstrable
results are being achieved by those activities.
SEC. 604. INDIAN TRIBE DEFINED.
In this title, the term ``Indian tribe'' means an Indian or
Alaska Native tribe, band, nation, pueblo, village, or
community that the Secretary of the Interior recognizes as an
Indian tribe under section 104 of the Federally Recognized
Indian Tribe List Act of 1994 (25 U.S.C. 479a-1).
TITLE VII--FARMLAND PROTECTION PROGRAM AND ENDANGERED AND THREATENED
SPECIES RECOVERY
Subtitle A--Farmland Protection Program
SEC. 701. ADDITIONAL FUNDING AND ADDITIONAL AUTHORITIES UNDER FARMLAND
PROTECTION PROGRAM.
Section 388 of the Federal Agriculture Improvement and Reform
Act of 1996 (Public Law 104-127; 16 U.S.C. 3830 note) is
amended to read as follows:
``SEC. 388. FARMLAND PROTECTION PROGRAM.
``(a) Establishment and Purpose.--The Secretary of
Agriculture shall carry out a farmland protection program for
the purpose of protecting farm, ranch, and forest lands with
prime, unique, or other productive uses by limiting the
nonagricultural uses of the lands. Under the program, the
Secretary may provide matching grants to eligible entities
described in subsection (d) to facilitate their purchase of--
``(1) permanent conservation easements in such lands;
or
``(2) conservation easements or other interests in
such lands when the lands are subject to a pending
offer from a State or local government.
``(b) Conservation Plan.--Any highly erodible land for which
a conservation easement or other interest is purchased using
funds made available under this section shall be subject to the
requirements of a conservation plan that requires, at the
option of the Secretary of Agriculture, the conversion of the
cropland to less intensive uses.
``(c) Maximum Federal Share.--The Federal share of the cost
of purchasing a conservation easement described in subsection
(a)(1) may not exceed 50 percent of the total cost of
purchasing the easement.
``(d) Eligible Entity Defined.--In this section, the term
`eligible entity' means any of the following:
``(1) An agency of a State or local government.
``(2) A federally recognized Indian tribe.
``(3) Any organization that is organized for, and at
all times since its formation has been operated
principally for, one or more of the conservation
purposes specified in clause (i), (ii), or (iii) of
section 170(h)(4)(A) of the Internal Revenue Code of
1986 and--
``(A) is described in section 501(c)(3) of
the Code;
``(B) is exempt from taxation under section
501(a) of the Code; and
``(C) is described in paragraph (2) of
section 509(a) of the Code, or paragraph (3) of
such section, but is controlled by an
organization described in paragraph (2) of such
section.
``(e) Title; Enforcement.--Any eligible entity may hold title
to a conservation easement purchased using grant funds provided
under subsection (a)(1) and enforce the conservation
requirements of the easement.
``(f) State Certification.--As a condition of the receipt by
an eligible entity of a grant under subsection (a)(1), the
attorney general of the State in which the conservation
easement is to be purchased using the grant funds shall certify
that the conservation easement to be purchased is in a form
that is sufficient, under the laws of the State, to achieve the
purposes of the farmland protection program and the terms and
conditions of the grant.
``(g) Technical Assistance.--To provide technical assistance
to carry out this section, the Secretary of Agriculture may not
use more than 10 percent of the amount made available for any
fiscal year under section 702 of the Conservation and
Reinvestment Act of 2000.''.
SEC. 702. FUNDING.
(a) Availability.--Amounts transferred to the Secretary of
Agriculture under section 5(b)(7) of this Act in a fiscal year
shall be available to the Secretary of Agriculture, subject to
appropriations for fiscal years before fiscal year 2006 and
without further appropriation for fiscal year 2006 and each
fiscal year thereafter, to carry out--
(1) the farmland protection program under section 388
of the Federal Agriculture Improvement and Reform Act
of 1996 (Public Law 104-127; 16 U.S.C. 3830 note), and
(2) the Forest Legacy Program under section 7 of the
Cooperative Forestry Assistance Act of 1978 (16 U.S.C.
2103c).
(b) Minimum Allocation.--Not less than 10 percent of the
amounts transferred to the Secretary of Agriculture under
section 5(b)(7) of this Act in a fiscal year shall be used for
each of the programs referred to in paragraphs (1) and (2) of
subsection (a).
Subtitle B--Endangered and Threatened Species Recovery
SEC. 711. PURPOSES.
The purposes of this subtitle are the following:
(1) To provide a dedicated source of funding to the
United States Fish and Wildlife Service and the
National Marine Fisheries Service for the purpose of
implementing an incentives program to promote the
recovery of endangered species and threatened species
and the habitat upon which they depend.
(2) To promote greater involvement by non-Federal
entities in the recovery of the Nation's endangered
species and threatened species and the habitat upon
which they depend.
SEC. 712. TREATMENT OF AMOUNTS TRANSFERRED FROM CONSERVATION AND
REINVESTMENT ACT FUND.
Amounts transferred to the Secretary of the Interior under
section 5(b)(8) of this Act in a fiscal year shall be available
to the Secretary of the Interior, subject to appropriations for
fiscal years before fiscal year 2006 and without further
appropriation for fiscal year 2006 and each fiscal year
thereafter, to carry out this subtitle.
SEC. 713. ENDANGERED AND THREATENED SPECIES RECOVERY ASSISTANCE.
(a) Financial Assistance.--The Secretary may use amounts made
available under section 712 to provide financial assistance to
any person for development and implementation of Endangered and
Threatened Species Recovery Agreements entered into by the
Secretary under section 714.
(b) Priority.--In providing assistance under this section,
the Secretary shall give priority to the development and
implementation of species recovery agreements that--
(1) implement actions identified under recovery plans
approved by the Secretary under section 4(f) of the
Endangered Species Act of 1973 (16 U.S.C. 1533(f));
(2) have the greatest potential for contributing to
the recovery of an endangered or threatened species;
and
(3) to the extent practicable, require use of the
assistance on land owned by a small landowner.
(c) Prohibition on Assistance for Required Activities.--The
Secretary may not provide financial assistance under this
section for any action that is required by a permit issued
under section 10(a)(1)(B) of the Endangered Species Act of 1973
(16 U.S.C. 1539(a)(1)(B)) or an incidental take statement
issued under section 7 of that Act (16 U.S.C. 1536), or that is
otherwise required under that Act or any other Federal law.
(d) Payments Under Other Programs.--
(1) Other payments not affected.--Financial
assistance provided to a person under this section
shall be in addition to, and shall not affect, the
total amount of payments that the person is otherwise
eligible to receive under the conservation reserve
program established under subchapter B of chapter 1 of
subtitle D of title XII of the Food Security Act of
1985 (16 U.S.C. 3831 and following), the wetlands
reserve program established under subchapter C of that
chapter (16 U.S.C. 3837 and following), or the Wildlife
Habitat Incentives Program established under section
387 of the Federal Agriculture Improvement and Reform
Act of 1996 (16 U.S.C. 3836a).
(2) Limitation.--A person may not receive financial
assistance under this section to carry out activities
under a species recovery agreement in addition to
payments under the programs referred to in paragraph
(1) made for the same activities, if the terms of the
species recovery agreement do not require financial or
management obligations by the person in addition to any
such obligations of the person under such programs.
SEC. 714. ENDANGERED AND THREATENED SPECIES RECOVERY AGREEMENTS.
(a) In General.--The Secretary may enter into Endangered and
Threatened Species Recovery Agreements for purposes of this
subtitle in accordance with this section.
(b) Required Terms.--The Secretary shall include in each
species recovery agreement provisions that--
(1) require the person--
(A) to carry out on real property owned or
leased by the person activities not otherwise
required by law that contribute to the recovery
of an endangered or threatened species;
(B) to refrain from carrying out on real
property owned or leased by the person
otherwise lawful activities that would inhibit
the recovery of an endangered or threatened
species; or
(C) to do any combination of subparagraphs
(A) and (B);
(2) describe the real property referred to in
paragraph (1)(A) and (B) (as applicable);
(3) specify species recovery goals for the agreement,
and measures for attaining such goals;
(4) require the person to make measurable progress
each year in achieving those goals, including a
schedule for implementation of the agreement;
(5) specify actions to be taken by the Secretary or
the person (or both) to monitor the effectiveness of
the agreement in attaining those recovery goals;
(6) require the person to notify the Secretary if--
(A) any right or obligation of the person
under the agreement is assigned to any other
person; or
(B) any term of the agreement is breached by
the person or any other person to whom is
assigned a right or obligation of the person
under the agreement;
(7) specify the date on which the agreement takes
effect and the period of time during which the
agreement shall remain in effect;
(8) provide that the agreement shall not be in effect
on and after any date on which the Secretary publishes
a certification by the Secretary that the person has
not complied with the agreement; and
(9) allocate financial assistance provided under this
subtitle for implementation of the agreement, on an
annual or other basis during the period the agreement
is in effect based on the schedule for implementation
required under paragraph (4).
(c) Review and Approval of Proposed Agreements.--Upon
submission by any person of a proposed species recovery
agreement under this section, the Secretary--
(1) shall review the proposed agreement and determine
whether it complies with the requirements of this
section and will contribute to the recovery of
endangered or threatened species that are the subject
of the proposed agreement;
(2) propose to the person any additional provisions
necessary for the agreement to comply with this
section; and
(3) if the Secretary determines that the agreement
complies with the requirements of this section, shall
approve and enter with the person into the agreement.
(d) Monitoring Implementation of Agreements.--The Secretary
shall--
(1) periodically monitor the implementation of each
species recovery agreement entered into by the
Secretary under this section; and
(2) based on the information obtained from that
monitoring, annually or otherwise disburse financial
assistance under this subtitle to implement the
agreement as the Secretary determines is appropriate
under the terms of the agreement.
SEC. 715. DEFINITIONS.
In this subtitle:
(1) Endangered or threatened species.--The term
``endangered or threatened species'' means any species
that is listed as an endangered species or threatened
species under section 4 of the Endangered Species Act
of 1973 (16 U.S.C. 1533).
(2) Secretary.--The term ``Secretary'' means the
Secretary of the Interior or the Secretary of Commerce,
in accordance with section 3 of the Endangered Species
Act of 1973 (16 U.S.C. 1532).
(3) Small landowner.--The term ``small landowner''
means an individual who owns 50 acres or fewer of land.
(4) Species recovery agreement.--The term ``species
recovery agreement'' means an Endangered and Threatened
Species Recovery Agreement entered into by the
Secretary under section 714.