[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 701 Referred in Senate (RFS)]
2d Session
H. R. 701
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 11, 2000
Received; read twice and referred to the Committee on Energy and
Natural Resources
_______________________________________________________________________
AN ACT
To provide Outer Continental Shelf Impact Assistance to State and local
governments, to amend the Land and Water Conservation Fund Act of 1965,
the Urban Park and Recreation Recovery Act of 1978, and the Federal Aid
in Wildlife Restoration Act (commonly referred to as the Pittman-
Robertson Act) to establish a fund to meet the outdoor conservation and
recreation needs of the American people, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
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.
Sec. 211. Requirements for acquisition of lands in Montana with Federal
portion.
TITLE III--WILDLIFE CONSERVATION AND RESTORATION
Sec. 301. Purposes.
Sec. 302. Definitions.
Sec. 303. Treatment of amounts transferred from Conservation and
Reinvestment Act Fund.
Sec. 304. Apportionment of amounts transferred from Conservation and
Reinvestment Act Fund.
Sec. 305. Education.
Sec. 306. Prohibition against diversion.
TITLE IV--URBAN PARK AND RECREATION RECOVERY PROGRAM AMENDMENTS
Sec. 401. Amendment of Urban Park and Recreation Recovery Act of 1978.
Sec. 402. Purpose.
Sec. 403. Treatment of amounts transferred from Conservation and
Reinvestment Act Fund.
Sec. 404. Authority to develop new areas and facilities.
Sec. 405. Definitions.
Sec. 406. Eligibility.
Sec. 407. Grants.
Sec. 408. Recovery action programs.
Sec. 409. State action incentives.
Sec. 410. Conversion of recreation property.
Sec. 411. Repeal.
TITLE V--HISTORIC PRESERVATION FUND
Sec. 501. Treatment of amounts transferred from Conservation and
Reinvestment Act Fund.
Sec. 502. State use of historic preservation assistance for national
heritage areas and corridors.
TITLE VI--FEDERAL AND INDIAN LANDS RESTORATION
Sec. 601. Purpose.
Sec. 602. Treatment of amounts transferred from Conservation and
Reinvestment Act Fund; allocation.
Sec. 603. Authorized uses of transferred amounts.
Sec. 604. Indian tribe defined.
TITLE VII--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.
TITLE VIII--PROTECTION OF SOCIAL SECURITY AND MEDICARE BENEFITS
Sec. 801. Protection of Social Security and Medicare benefits.
SEC. 3. DEFINITIONS.
For purposes of this Act:
(1) The term ``coastal population'' means the population of
all political subdivisions, as determined by the most recent
official data of the Census Bureau, contained in whole or in
part within the designated coastal boundary of a State as
defined in a State's coastal zone management program under the
Coastal Zone Management Act (16 U.S.C. 1451 et seq.).
(2) The term ``coastal political subdivision'' means a
political subdivision of a coastal State all or part of which
political subdivision is within the coastal zone (as defined in
section 304 of the Coastal Zone Management Act (16 U.S.C.
1453)).
(3) The term ``coastal State'' has the same meaning as
provided by section 304 of the Coastal Zone Management Act (16
U.S.C. 1453).
(4) The term ``coastline'' has the same meaning that it has
in the Submerged Lands Act (43 U.S.C. 1301 et seq.).
(5) The term ``distance'' means minimum great circle
distance, measured in statute miles.
(6) The term ``fiscal year'' means the Federal Government's
accounting period which begins on October 1st and ends on
September 30th, and is designated by the calendar year in which
it ends.
(7) The term ``Governor'' means the highest elected
official of a State or of any other political entity that is
defined as, or treated as, a State under the Land and Water
Conservation Fund Act of 1965 (16 U.S.C. 460l-4 et seq.), the
Act of September 2, 1937 (16 U.S.C. 669 et seq.), commonly
referred to as the Federal Aid in Wildlife Restoration Act or
the Pittman-Robertson Act, the Urban Park and Recreation
Recovery Act of 1978 (16 U.S.C. 2501 et seq.), the National
Historic Preservation Act (16 U.S.C. 470h et seq.), 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 6 or 8 of the Outer Continental Shelf Lands Act (43
U.S.C. 1335, 1337) for the purpose of drilling for, developing,
and producing oil and natural gas resources, which is a unit
consisting of either a block, a portion of a block, a
combination of blocks or portions of blocks, or a combination
of portions of blocks, as specified in the lease, and as
depicted on an Outer Continental Shelf Official Protraction
Diagram.
(9) The term ``Outer Continental Shelf'' means all
submerged lands lying seaward and outside of the area of
``lands beneath navigable waters'' as defined in section 2(a)
of the Submerged Lands Act (43 U.S.C. 1301(a)), and of which
the subsoil and seabed appertain to the United States and are
subject to its jurisdiction and control.
(10) The term ``political subdivision'' means the local
political jurisdiction immediately below the level of State
government, including counties, parishes, and boroughs. If
State law recognizes an entity of general government that
functions in lieu of, and is not within, a county, parish, or
borough, the Secretary may recognize an area under the
jurisdiction of such other entities of general government as a
political subdivision for purposes of this title.
(11) The term ``producing State'' means a State with a
coastal seaward boundary within 200 miles from the geographic
center of a leased tract other than a leased tract or portion
of a leased tract that is located in a geographic area subject
to a leasing moratorium on January 1, 1999 (unless the lease
was issued prior to the establishment of the moratorium and was
in production on January 1, 1999).
(12) The term ``qualified Outer Continental Shelf
revenues'' means (except as otherwise provided in this
paragraph) all moneys received by the United States from each
leased tract or portion of a leased tract lying seaward of the
zone defined and governed by section 8(g) of the Outer
Continental Shelf Lands Act (43 U.S.C. 1337(g)), or lying
within such zone but to which section 8(g) does not apply, the
geographic center of which lies within a distance of 200 miles
from any part of the coastline of any coastal State, including
bonus bids, rents, royalties (including payments for royalty
taken in kind and sold), net profit share payments, and related
late-payment interest from natural gas and oil leases issued
pursuant to the Outer Continental Shelf Lands Act. Such term
does not include any revenues from a leased tract or portion of
a leased tract that is located in a geographic area subject to
a leasing moratorium on January 1, 1999, unless the lease was
issued prior to the establishment of the moratorium and was in
production on January 1, 1999.
(13) The term ``Secretary'' means the Secretary of the
Interior or the Secretary's designee, except as otherwise
specifically provided.
(14) The term ``Fund'' means the Conservation and
Reinvestment Act Fund established under section 5.
SEC. 4. ANNUAL REPORTS.
(a) State Reports.--On June 15 of each year, each Governor
receiving moneys from the Fund shall account for all moneys so received
for the previous fiscal year in a written report to the Secretary of
the Interior or the Secretary of Agriculture, as appropriate. The
report shall include, in accordance with regulations prescribed by the
Secretaries, a description of all projects and activities receiving
funds under this Act. In order to avoid duplication, such report may
incorporate by reference any other reports required to be submitted
under other provisions of law to the Secretary concerned by the
Governor regarding any portion of such moneys.
(b) Report to Congress.--On January 1 of each year the Secretary of
the Interior, in consultation with the Secretary of Agriculture, shall
submit an annual report to the Congress documenting all moneys expended
by the Secretary of the Interior and the Secretary of Agriculture from
the Fund during the previous fiscal year and summarizing the contents
of the Governors' reports submitted to the Secretaries under subsection
(a).
SEC. 5. CONSERVATION AND REINVESTMENT ACT FUND.
(a) Establishment of Fund.--There is established in the Treasury of
the United States a fund which shall be known as the ``Conservation and
Reinvestment Act Fund''. In each fiscal year after the fiscal year
2000, the Secretary of the Treasury shall deposit into the Fund the
following amounts:
(1) OCS revenues.--An amount in each such fiscal year from
qualified Outer Continental Shelf revenues equal to the
difference between $2,825,000,000 and the amounts deposited in
the Fund under paragraph (2), notwithstanding section 9 of the
Outer Continental Shelf Lands Act (43 U.S.C. 1338).
(2) Amounts not disbursed.--All allocated but undisbursed
amounts returned to the Fund under section 101(a)(2).
(3) Interest.--All interest earned under subsection (d)
that is not made available under paragraph (2) or (4) of that
subsection.
(b) Transfer for Expenditure.--In each fiscal year after the fiscal
year 2001, the Secretary of the Treasury shall transfer amounts
deposited into the Fund as follows:
(1) $1,000,000,000 to the Secretary of the Interior for
purposes of making payments to coastal States under title I of
this Act.
(2) To the Land and Water Conservation Fund for expenditure
as provided in section 3(a) of the Land and Water Conservation
Fund Act of 1965 (16 U.S.C. 460l-6(a)) such amounts as are
necessary to make the income of the fund $900,000,000 in each
such fiscal year.
(3) $350,000,000 to the Federal aid to wildlife restoration
fund established under section 3 of the Federal Aid in Wildlife
Restoration Act (16 U.S.C. 669b).
(4) $125,000,000 to the Secretary of the Interior to carry
out the Urban Park and Recreation Recovery Act of 1978 (16
U.S.C. 2501 et seq.).
(5) $100,000,000 to the Secretary of the Interior to carry
out the National Historic Preservation Act (16 U.S.C. 470 et
seq.).
(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), the Urban and Community
Forestry Assistance Program established under section 9 of the
Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2105),
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 develop
and implement Endangered and Threatened Species Recovery
Agreements under 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 (8) 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 (including interest), and in any fund or
account to which moneys are transferred pursuant to subsection
(b) of this section, in public debt securities with maturities
suitable to the needs of the Fund, as determined by the
Secretary of the Treasury, and bearing interest at rates
determined by the Secretary of the Treasury, taking into
consideration current market yields on outstanding marketable
obligations of the United States of comparable maturity. Such
invested moneys shall remain invested until needed to meet
requirements for disbursement for the programs financed under
this Act.
(2) Use of interest.--Except as provided in paragraphs (3)
and (4), interest earned on such moneys shall be available,
without further appropriation, for obligation or expenditure
under--
(A) chapter 69 of title 31, 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).
In each fiscal year such interest shall be allocated between
the programs referred to in subparagraphs (A) and (B) in
proportion to the amounts appropriated for that fiscal year
under other provisions of law for purposes of such programs. To
the extent that the total amount available for a fiscal year
under this paragraph and such other provisions of law for one
of such programs exceeds the authorized limit of that program,
the amount available under this paragraph that contributes to
such excess shall be allocated to the other such program, but
not in excess of its authorized limit. To the extent that for
both such programs such total amount for each program exceeds
the authorized limit of that program, the amount available
under this paragraph that contributes to such excess shall be
deposited into the Fund and shall be considered interest for
purposes of subsection (a)(3). Interest shall cease to be
available for obligation or expenditure for a fiscal year for
purposes of subparagraph (A) if the annual appropriation for
that fiscal year under other provisions of law for the program
referred to in subparagraph (A) is less than $100,000,000, and
in any such case, the allocation provisions of this paragraph
shall not apply and all such interest shall be available for
purposes of the program referred to in subparagraph (B), up to
the authorized limit of such program. Interest shall cease to
be available for obligation or expenditure for a fiscal year
for purposes of subparagraph (B) if the annual appropriation
for that fiscal year under other provisions of law for the
program referred to in subparagraph (A) is less than
$15,000,000, and in any such case, the allocation provisions of
this paragraph shall not apply and all such interest shall be
available for purposes of the program referred to in
subparagraph (A), up to the authorized limit of such program.
Interest shall cease to be available for obligation or
expenditure for a fiscal year for purposes of this paragraph if
the annual appropriation for that fiscal year under other
provisions of law for each of the program referred to in
subparagraph (A) and the program referred to in subparagraph
(B) is less than $100,000,000 and $15,000,000, respectively,
and in any such case, the allocation provisions of this
paragraph shall not apply and all such interest shall be
deposited into the Fund and be considered interest for purposes
of subsection (a)(3).
(3) Ceiling on expenditures of interest.--Amounts made
available under paragraph (2) in each fiscal year shall not
exceed the lesser of the following:
(A) $200,000,000.
(B) The total amount authorized and appropriated
for that fiscal year under other provisions of law for
purposes of the programs referred to in subparagraphs
(A) and (B) of paragraph (2).
(4) Title iii interest.--All interest attributable to
amounts transferred by the Secretary of the Treasury to the
Secretary of the Interior for purposes of title III of this Act
(and the amendments made by such title III) shall be available,
without further appropriation, for obligation or expenditure
for purposes of the North American Wetlands Conservation Act of
1989 (16 U.S.C. 4401 et seq.).
(e) Refunds.--In those instances where through judicial decision,
administrative review, arbitration, or other means there are royalty
refunds owed to entities generating revenues under this title, refunds
shall be paid by the Secretary of the Treasury from amounts available
in the Fund to the extent that such refunds are attributable to
qualified Outer Continental Shelf revenues deposited in the Fund under
this Act.
(f) Intent of Congress to Supplement Annual Appropriations For
National Park Service.--Amounts made available by this Act are intended
by the Congress to supplement, and not detract from, annual
appropriations for the National Park Service.
(g) 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.
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.--It is the intent of the Congress in this Act that
States not use this Act as an opportunity to reduce State or local
resources for the programs funded by this Act. Except as provided in
subsection (b), no State or local government shall receive any funds
under this Act during any fiscal year when its expenditures of non-
Federal funds for recurrent expenditures for programs for which funding
is provided under this Act will be less than its expenditures were for
such programs during the preceding fiscal year. No State or local
government shall receive funding under this Act with respect to a
program unless the Secretary is satisfied that such a grant will be so
used to supplement and, to the extent practicable, increase the level
of State, local, or other non-Federal funds available for such program.
(b) Exception.--The Secretary may provide funding under this Act to
a State or local government not meeting the requirements of subsection
(a) if the Secretary determines that a reduction in expenditures--
(1) is attributable to a nonselective reduction in
expenditures for the programs of all executive branch agencies
of the State or local government; or
(2) is a result of reductions in State or local revenue as
a result of a downturn in the economy.
(c) Use of Fund To Meet Matching Requirements.--All funds received
by a State or local government under this Act shall be treated as
Federal funds for purposes of compliance with any provision in effect
under any other law requiring that non-Federal funds be used to provide
a portion of the funding for any program or project.
SEC. 9. SUNSET.
This Act, including the amendments made by this Act, shall have no
force or effect after September 30, 2015.
SEC. 10. PROTECTION OF PRIVATE PROPERTY RIGHTS.
(a) Savings Clause.--Nothing in the Act shall authorize that
private property be taken for public use, without just compensation as
provided by the Fifth and Fourteenth amendments to the United States
Constitution.
(b) Regulation.--Federal agencies, using funds appropriated by this
Act, may not apply any regulation on any lands until the lands or
water, or an interest therein, is acquired, unless authorized to do so
by another Act of Congress.
SEC. 11. SIGNS.
(a) In General.--The Secretary shall require, as a condition of any
financial assistance provided with amounts made available by this Act,
that the person that owns or administers any site that benefits from
such assistance shall include on any sign otherwise installed at that
site at or near an entrance or public use focal point, a statement that
the existence or development of the site (or both), as appropriate, is
a product of such assistance.
(b) Standards.--The Secretary shall provide for the design of
standardized signs for purposes of subsection (a), and shall prescribe
standards and guidelines for such signs.
TITLE I--IMPACT ASSISTANCE AND COASTAL CONSERVATION
SEC. 101. IMPACT ASSISTANCE FORMULA AND PAYMENTS.
(a) Impact Assistance Payments to States.--
(1) Grant program.--Amounts transferred to the Secretary of
the Interior from the Conservation and Reinvestment Act Fund
under section 5(b)(1) of this Act for purposes of making
payments to coastal States under this title in any fiscal year
shall be allocated by the Secretary of the Interior among
coastal States as provided in this section in each such fiscal
year. In each such fiscal year, the Secretary of the Interior
shall, without further appropriation, disburse such allocated
funds to those coastal States for which the Secretary has
approved a Coastal State Conservation and Impact Assistance
Plan as required by this title. Payments for all projects shall
be made by the Secretary to the Governor of the State or to the
State official or agency designated by the Governor or by State
law as having authority and responsibility to accept and to
administer funds paid hereunder. No payment shall be made to
any State until the State has agreed to provide such reports to
the Secretary, in such form and containing such information, as
may be reasonably necessary to enable the Secretary to perform
his duties under this title, and provide such fiscal control
and fund accounting procedures as may be necessary to assure
proper disbursement and accounting for Federal revenues paid to
the State under this title.
(2) Failure to have plan approved.--At the end of each
fiscal year, the Secretary shall return to the Conservation and
Reinvestment Act Fund any amount that the Secretary allocated,
but did not disburse, in that fiscal year to a coastal State
that does not have an approved plan under this title before the
end of the fiscal year in which such grant is allocated, except
that the Secretary shall hold in escrow until the final
resolution of the appeal any amount allocated, but not
disbursed, to a coastal State that has appealed the disapproval
of a plan submitted under this title.
(b) Allocation Among Coastal States.--
(1) Allocable share for each state.--For each coastal
State, the Secretary shall determine the State's allocable
share of the total amount of the revenues transferred from the
Fund under section 5(b)(1) for each fiscal year using the
following weighted formula:
(A) Fifty percent of such revenues shall be
allocated among the coastal States as provided in
paragraph (2).
(B) Twenty-five percent of such revenues shall be
allocated to each coastal State based on the ratio of
each State's shoreline miles to the shoreline miles of
all coastal States.
(C) Twenty-five percent of such revenues shall be
allocated to each coastal State based on the ratio of
each State's coastal population to the coastal
population of all coastal States.
(2) Offshore outer continental shelf share.--If any portion
of a producing State lies within a distance of 200 miles from
the geographic center of any leased tract with qualified Outer
Continental Shelf revenues, the Secretary of the Interior shall
determine such State's allocable share under paragraph (1)(A)
based on the formula set forth in this paragraph. Such State
share shall be calculated as of the date of the enactment of
this Act. Each such State's allocable share of the revenues
disbursed under paragraph (1)(A) shall be based on qualified
Outer Continental Shelf revenues from each leased tract or
portion of a leased tract the geographic center of which is
within a distance (to the nearest whole mile) of 200 miles from
the coastline of the State and shall be inversely proportional
to the distance between the nearest point on the coastline of
such State and the geographic center of each such leased tract
or portion, as determined by the Secretary. In applying this
paragraph a leased tract or portion of a leased tract shall be
excluded if the tract or portion is located in a geographic
area subject to a leasing moratorium on January 1, 1999, unless
the lease was issued prior to the establishment of the
moratorium and was in production on January 1, 1999.
(3) Minimum state share.--
(A) In general.--The allocable share of revenues
determined by the Secretary under this subsection for
each coastal State with an approved coastal management
program (as defined by the Coastal Zone Management Act
(16 U.S.C. 1451)), or which is making satisfactory
progress toward one, shall not be less in any fiscal
year than 0.50 percent of the total amount of the
revenues transferred by the Secretary of the Treasury
to the Secretary of the Interior for purposes of this
title for that fiscal year under subsection (a). For
any other coastal State the allocable share of such
revenues shall not be less than 0.25 percent of such
revenues.
(B) Recomputation.--Where one or more coastal
States' allocable shares, as computed under paragraphs
(1) and (2), are increased by any amount under this
paragraph, the allocable share for all other coastal
States shall be recomputed and reduced by the same
amount so that not more than 100 percent of the amount
transferred by the Secretary of the Treasury to the
Secretary of the Interior for purposes of this title
for that fiscal year under section 5(b)(1) is allocated
to all coastal States. The reduction shall be divided
pro rata among such other coastal States.
(c) Payments to Political Subdivisions.--In the case of a producing
State, the Governor of the State shall pay 50 percent of the State's
allocable share, as determined under subsection (b), to the coastal
political subdivisions in such State. Such payments shall be allocated
among such coastal political subdivisions of the State according to an
allocation formula analogous to the allocation formula used in
subsection (b) to allocate revenues among the coastal States, except
that a coastal political subdivision in the State of California that
has a coastal shoreline, that is not within 200 miles of the geographic
center of a leased tract or portion of a leased tract, and in which
there is located one or more oil refineries shall be eligible for that
portion of the allocation described in subsection (b)(1)(A) and (b)(2)
in the same manner as if that political subdivision were located within
a distance of 50 miles from the geographic center of the closest leased
tract with qualified Outer Continental Shelf revenues.
(d) Time of Payment.--Payments to coastal States and coastal
political subdivisions under this section shall be made not later than
December 31 of each year from revenues received during the immediately
preceding fiscal year.
SEC. 102. COASTAL STATE CONSERVATION AND IMPACT ASSISTANCE PLANS.
(a) Development and Submission of State Plans.--Each coastal State
seeking to receive grants under this title shall prepare, and submit to
the Secretary, a Statewide Coastal State Conservation and Impact
Assistance Plan. In the case of a producing State, the Governor shall
incorporate the plans of the coastal political subdivisions into the
Statewide plan for transmittal to the Secretary. The Governor shall
solicit local input and shall provide for public participation in the
development of the Statewide plan. The plan shall be submitted to the
Secretary by April 1 of the calendar year after the calendar year in
which this Act is enacted.
(b) Approval or Disapproval.--
(1) In general.--Approval of a Statewide plan under
subsection (a) is required prior to disbursement of funds under
this title by the Secretary. The Secretary shall approve the
Statewide plan if the Secretary determines, in consultation
with the Secretary of Commerce, that the plan is consistent
with the uses set forth in subsection (c) and if the plan
contains each of the following:
(A) The name of the State agency that will have the
authority to represent and act for the State in dealing
with the Secretary for purposes of this title.
(B) A program for the implementation of the plan
which shall include (i) a description of how the plan
will address environmental concerns, (ii) for producing
States, a description of how funds will be used to
address the impacts of oil and gas production from the
Outer Continental Shelf, and (iii) a description of how
the State will evaluate the effectiveness of the plan.
(C) Certification by the Governor that ample
opportunity has been accorded for public participation
in the development and revision of the plan.
(D) Measures for taking into account other relevant
Federal resources and programs. The plan shall be
correlated so far as practicable with other State,
regional, and local plans.
(2) Procedure and timing; revisions.--The Secretary shall
approve or disapprove each plan submitted in accordance with
this section. If a State first submits a plan by not later than
90 days before the beginning of the first fiscal year to which
the plan applies, the Secretary shall approve or disapprove the
plan by not later than 30 days before the beginning of that
fiscal year.
(3) Amendment or revision.--Any amendment to or revision of
the plan shall be prepared in accordance with the requirements
of this subsection and shall be submitted to the Secretary for
approval or disapproval. Any such amendment or revision shall
take effect only for fiscal years after the fiscal year in
which the amendment or revision is approved by the Secretary.
(c) Authorized Uses of State Grant Funding.--The funds provided
under this title to a coastal State and for coastal political
subdivisions are authorized to be used in compliance with Federal and
State law only for one or more of the following purposes:
(1) Data collection, including but not limited to fishery
or marine mammal stock surveys in State waters or both,
cooperative State, interstate, and Federal fishery or marine
mammal stock surveys or both, cooperative initiatives with
university and private entities for fishery and marine mammal
surveys, activities related to marine mammal and fishery
interactions, and other coastal living marine resources
surveys.
(2) The conservation, restoration, enhancement, or creation
of coastal habitats.
(3) Cooperative Federal or State enforcement of marine
resources management statutes.
(4) Fishery observer coverage programs in State or Federal
waters.
(5) Invasive, exotic, and nonindigenous species
identification and control.
(6) Coordination and preparation of cooperative fishery
conservation and management plans between States including the
development and implementation of population surveys,
assessments and monitoring plans, and the preparation and
implementation of State fishery management plans developed by
interstate marine fishery commissions.
(7) Preparation and implementation of State fishery or
marine mammal management plans that comply with bilateral or
multilateral international fishery or marine mammal
conservation and management agreements or both.
(8) Coastal and ocean observations necessary to develop and
implement real time tide and current measurement systems.
(9) Implementation of federally approved marine, coastal,
or comprehensive conservation and management plans.
(10) Mitigating marine and coastal impacts of Outer
Continental Shelf activities including impacts on onshore
infrastructure.
(11) Projects that promote research, education, training,
and advisory services in fields related to ocean, coastal, and
Great Lakes resources.
(d) Compliance With Authorized Uses.--Based on the annual reports
submitted under section 4 of this Act and on audits conducted by the
Secretary under section 7, the Secretary shall review the expenditures
made by each State and coastal political subdivision from funds made
available under this title. If the Secretary determines that any
expenditure made by a State or coastal political subdivision of a State
from such funds is not consistent with the authorized uses set forth in
subsection (c), the Secretary shall not make any further grants under
this title to that State until the funds used for such expenditure have
been repaid to the Conservation and Reinvestment Act Fund.
TITLE II--LAND AND WATER CONSERVATION FUND REVITALIZATION
SEC. 201. AMENDMENT OF LAND AND WATER CONSERVATION FUND ACT OF 1965.
Except as otherwise expressly provided, whenever in this title an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a section or other provision, the reference shall be considered to
be made to a section or other provision of the Land and Water
Conservation Fund Act of 1965 (16 U.S.C. 460l-4 et seq.).
SEC. 202. EXTENSION OF FUND; TREATMENT OF AMOUNTS TRANSFERRED FROM
CONSERVATION AND REINVESTMENT ACT FUND.
Section 2(c) is amended to read as follows:
``(c) Amounts Transferred From Conservation and Reinvestment Act
Fund.--In addition to the sum of the revenues and collections estimated
by the Secretary of the Interior to be covered into the fund pursuant
to subsections (a) and (b) of this section, there shall be covered into
the fund all amounts transferred to the fund under section 5(b)(2) of
the Conservation and Reinvestment Act 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 without further appropriation to carry out this Act.
``(b) Obligation and Expenditure of Available Amounts.--Amounts
available for obligation or expenditure from the fund or from the
special account established under section 4(i)(1) may be obligated or
expended only as provided in this Act.''.
SEC. 204. ALLOCATION OF FUND.
Section 5 (16 U.S.C. 460l-7) is amended to read as follows:
``allocation of funds
``Sec. 5. Of the amounts made available for each fiscal year to
carry out this Act--
``(1) 50 percent shall be available for Federal purposes
(in this Act referred to as the `Federal portion'); and
``(2) 50 percent shall be available for grants to
States.''.
SEC. 205. USE OF FEDERAL PORTION.
Section 7 (16 U.S.C. 460l-9) is amended by adding at the end the
following:
``(d) Use of Federal Portion.--
``(1) Approval by congress required.--The Federal portion
(as that term is defined in section 5(1)) may not be obligated
or expended by the Secretary of the Interior or the Secretary
of Agriculture for any acquisition except those specifically
referred to, and approved by the Congress, in an Act making
appropriations for the Department of the Interior or the
Department of Agriculture, respectively.
``(2) Willing seller requirement.--The Federal portion may
not be used to acquire any property unless--
``(A) the owner of the property concurs in the
acquisition; or
``(B) acquisition of that property is specifically
approved by an Act of Congress.
``(e) List of Proposed Federal Acquisitions.--
``(1) Restriction on use.--The Federal portion for a fiscal
year may not be obligated or expended to acquire any interest
in lands or water unless the lands or water were included in a
list of acquisitions that is approved by the Congress.
``(2) Transmission of list.--(A) The Secretary of the
Interior and the Secretary of Agriculture shall jointly
transmit to the appropriate authorizing and appropriations
committees of the House of Representatives and the Senate for
each fiscal year, by no later than the submission of the budget
for the fiscal year under section 1105 of title 31, United
States Code, a list of the acquisitions of interests in lands
and water proposed to be made with the Federal portion for the
fiscal year.
``(B) In preparing each list under subparagraph (A), the
Secretary shall--
``(i) seek to consolidate Federal landholdings in
States with checkerboard Federal land ownership
patterns;
``(ii) consider the use of equal value land
exchanges, where feasible and suitable, as an
alternative means of land acquisition;
``(iii) consider the use of permanent conservation
easements, where feasible and suitable, as an
alternative means of acquisition;
``(iv) identify those properties that are proposed
to be acquired from willing sellers and specify any for
which adverse condemnation is requested; and
``(v) establish priorities based on such factors as
important or special resource attributes, threats to
resource integrity, timely availability, owner
hardship, cost escalation, public recreation use
values, and similar considerations.
``(C) The Secretary of the Interior and the Secretary of
Agriculture shall each--
``(i) transmit, with the list transmitted under
subparagraph (A), a separate list of those lands under
the administrative jurisdiction of the Secretary that
have been identified in applicable land management
plans as surplus and eligible for disposal as provided
for by law; and
``(ii) update each list to be transmitted under
clause (i) as land management plans are amended or
revised.
``(3) Information regarding proposed acquisitions.--Each
list under paragraph (2)(A) shall include, for each proposed
acquisition included in the list--
``(A) citation of the statutory authority for the
acquisition, if such authority exists; and
``(B) an explanation of why the particular interest
proposed to be acquired was selected.
``(f) Notification to Affected Areas Required.--The Federal portion
for a fiscal year may not be used to acquire any interest in land
unless the Secretary administering the acquisition, by not later than
30 days after the date the Secretaries submit the list under subsection
(e)(2)(A) for the fiscal year, provides notice of the proposed
acquisition--
``(1) in writing to each Member of and each Delegate and
Resident Commissioner to the Congress elected to represent any
area in which is located--
``(A) the land; or
``(B) any part of any federally designated unit
that includes the land;
``(2) in writing to the Governor of the State in which the
land is located;
``(3) in writing to each State political subdivision having
jurisdiction over the land; and
``(4) by publication of a notice in a newspaper that is
widely distributed in the area under the jurisdiction of each
such State political subdivision, that includes a clear
statement that the Federal Government intends to acquire an
interest in land.
``(g) Compliance With Requirements Under Federal Laws.--
``(1) In general.--The Federal portion for a fiscal year
may not be used to acquire any interest in land or water unless
the following have occurred:
``(A) All actions required under Federal law with
respect to the acquisition have been complied with.
``(B) A copy of each final environmental impact
statement or environmental assessment required by law,
and a summary of all public comments regarding the
acquisition that have been received by the agency
making the acquisition, are submitted to the Committee
on Resources of the House of Representatives, the
Committee on Energy and Natural Resources of the
Senate, and the Committees on Appropriations of the
House of Representatives and of the Senate.
``(C) A notice of the availability of such
statement or assessment and of such summary is provided
to--
``(i) each Member of and each Delegate and
Resident Commissioner to the Congress elected
to represent the area in which the land is
located;
``(ii) the Governor of the State in which
the land is located; and
``(iii) each State political subdivision
having jurisdiction over the land.
``(2) Limitation on application.--Paragraph (1) shall not
apply to any acquisition that is specifically authorized by a
Federal law.''.
SEC. 206. ALLOCATION OF AMOUNTS AVAILABLE FOR STATE PURPOSES.
(a) In General.--Section 6(b) (16 U.S.C. 460l-8(b)) is amended to
read as follows:
``(b) Distribution Among the States.--(1) Sums in the fund
available each fiscal year for State purposes shall be apportioned
among the several States by the Secretary, in accordance with this
subsection. The determination of the apportionment by the Secretary
shall be final.
``(2) Subject to paragraph (3), of sums in the fund available each
fiscal year for State purposes--
``(A) 30 percent shall be apportioned equally among
the several States; and
``(B) 70 percent shall be apportioned so that the
ratio that the amount apportioned to each State under
this subparagraph bears to the total amount apportioned
under this subparagraph for the fiscal year is equal to
the ratio that the population of the State bears to the
total population of all States.
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).
``(3) The total allocation to an individual State for a fiscal year
under paragraph (2) shall not exceed 10 percent of the total amount
allocated to the several States under paragraph (2) for that fiscal
year.
``(4) The Secretary shall notify each State of its apportionment,
and the amounts thereof shall be available thereafter to the State for
planning, acquisition, or development projects as hereafter described.
Any amount of any apportionment under this subsection that has not been
paid or obligated by the Secretary during the fiscal year in which such
notification is given and the two fiscal years thereafter shall be
reapportioned by the Secretary in accordance with paragraph (2), but
without regard to the 10 percent limitation to an individual State
specified in paragraph (3).
``(5)(A) For the purposes of paragraph (2)(A)--
``(i) the District of Columbia shall be treated as a State;
and
``(ii) Puerto Rico, the Virgin Islands, Guam, and American
Samoa--
``(I) shall be treated collectively as one State;
and
``(II) shall each be allocated an equal share of
any amount distributed to them pursuant to clause (i).
``(B) Each of the areas referred to in subparagraph (A) shall be
treated as a State for all other purposes of this Act.''.
(b) Tribes and Alaska Native Corporations.--Section 6(b)(5) (16
U.S.C. 460l-8(b)(5)) is further amended by adding at the end the
following new subparagraph:
``(C) For the purposes of paragraph (1), all federally recognized
Indian tribes, or in the case of Alaska, Native Corporations (as
defined in section 3 of the Alaska Native Claims Settlement Act (43
U.S.C. 1602)), shall be eligible to receive shares of the apportionment
under paragraph (1) in accordance with a competitive grant program
established by the Secretary by rule. The total apportionment available
to such tribes, or in the case of Alaska, Native Corporations shall be
equivalent to the amount available to a single State. No single tribe,
nor in the case of Alaska, Native Corporation shall receive a grant
that constitutes more than 10 percent of the total amount made
available to all tribes and Alaska Native Corporations pursuant to the
apportionment under paragraph (1). Funds received by a tribe, or in the
case of Alaska, Native Corporation under this subparagraph may be
expended only for the purposes specified in clauses (1) and (3) of
subsection (a).''.
(c) Local Allocation.--Section 6(b) (16 U.S.C. 460l-8(b)) is
amended by adding at the end the following:
``(6) Absent some compelling and annually documented reason to the
contrary acceptable to the Secretary of the Interior, each State (other
than an area treated as a State under paragraph (5)) shall make
available as grants to local governments, at least 50 percent of the
annual State apportionment, or an equivalent amount made available from
other sources.''.
(d) State Projects of Regional or National Significance.--Section
6(b) (16 U.S.C. 460l-8(b)) is amended by adding the following at the
end:
``(7)(A) Any amounts available in addition to those amounts made
available under section 5 of the Conservation and Reinvestment Act 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.''.
SEC. 207. STATE PLANNING.
(a) State Action Agenda Required.--
(1) In general.--Section 6(d) (16 U.S.C. 460l-8(d)) is
amended to read as follows:
``(d) State Action Agenda Required.--(1) Each State may define its
own priorities and criteria for selection of outdoor conservation and
recreation acquisition and development projects eligible for grants
under this Act, so long as the priorities and criteria defined by the
State are consistent with the purposes of this Act, the State provides
for public involvement in this process, and the State publishes an
accurate and current State Action Agenda for Community Conservation and
Recreation (in this Act referred to as the `State Action Agenda')
indicating the needs it has identified and the priorities and criteria
it has established. In order to assess its needs and establish its
overall priorities, each State, in partnership with its local
governments and Federal agencies, and in consultation with its
citizens, shall develop, within 5 years after the enactment of the
Conservation and Reinvestment Act 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 5 years.
``(B) The agenda must be updated at least once every 5
years and certified by the Governor that the State Action
Agenda conclusions and proposed actions have been considered in
an active public involvement process.
``(2) State Action Agendas shall take into account all providers of
conservation and recreation lands within each State, including Federal,
regional, and local government resources, and shall be correlated
whenever possible with other State, regional, and local plans for
parks, recreation, open space, and wetlands conservation. Recovery
action programs developed by urban localities under section 1007 of the
Urban Park and Recreation Recovery Act of 1978 shall be used by a State
as a guide to the conclusions, priorities, and action schedules
contained in State Action Agenda. Each State shall assure that any
requirements for local outdoor conservation and recreation planning,
promulgated as conditions for grants, minimize redundancy of local
efforts by allowing, wherever possible, use of the findings,
priorities, and implementation schedules of recovery action programs to
meet such requirements.''.
(2) Existing state plans.--Comprehensive State Plans
developed by any State under section 6(d) of the Land and Water
Conservation Fund Act of 1965 before the date that is 5 years
after the enactment of this Act shall remain in effect in that
State until a State Action Agenda has been adopted pursuant to
the amendment made by this subsection, but no later than 5
years after the enactment of this Act.
(b) Miscellaneous.--Section 6(e) (16 U.S.C. 460l-8(e)) is amended
as follows:
(1) In the matter preceding paragraph (1) by striking
``State comprehensive plan'' and inserting ``State Action
Agenda''.
(2) In paragraph (1) by striking ``comprehensive plan'' and
inserting ``State Action Agenda''.
SEC. 208. ASSISTANCE TO STATES FOR OTHER PROJECTS.
Section 6(e) (16 U.S.C. 460l-8(e)) is amended--
(1) in subsection (e)(1) by striking ``, but not including
incidental costs relating to acquisition''; and
(2) in subsection (e)(2) by inserting before the period at
the end the following: ``or to enhance public safety within a
designated park or recreation area''.
SEC. 209. CONVERSION OF PROPERTY TO OTHER USE.
Section 6(f)(3) (16 U.S.C. 460l-8(f)(3)) is amended--
(1) by inserting ``(A)'' before ``No property''; and
(2) by striking the second sentence and inserting the
following:
``(B) The Secretary shall approve such conversion only if the State
demonstrates no prudent or feasible alternative exists with the
exception of those properties that no longer meet the criteria within
the State Plan or Agenda as an outdoor conservation and recreation
facility due to changes in demographics or that must be abandoned
because of environmental contamination which endangers public health
and safety. Any conversion must satisfy such conditions as the
Secretary deems necessary to assure the substitution of other
conservation and recreation properties of at least equal fair market
value and reasonably equivalent usefulness and location and which are
consistent with the existing State Plan or Agenda; except that wetland
areas and interests therein as identified in the wetlands provisions of
the action agenda and proposed to be acquired as suitable replacement
property within that same State that is otherwise acceptable to the
Secretary shall be considered to be of reasonably equivalent usefulness
with the property proposed for conversion.''.
SEC. 210. WATER RIGHTS.
Title I is amended by adding at the end the following:
``water rights
``Sec. 14. Nothing in this title--
``(1) invalidates or preempts State or Federal water law or
an interstate compact governing water;
``(2) alters the rights of any State to any appropriated
share of the waters of any body of surface or ground water,
whether determined by past or future interstate compacts or by
past or future legislative or final judicial allocations;
``(3) preempts or modifies any Federal or State law, or
interstate compact, dealing with water quality or disposal; or
``(4) confers on any non-Federal entity the ability to
exercise any Federal right to the waters of any stream or to
any ground water resource.''.
SEC. 211. REQUIREMENTS FOR ACQUISITION OF LANDS IN MONTANA WITH FEDERAL
PORTION.
Section 7 (16 U.S.C. 460l-9) is further amended by adding at the
end the following:
``(h) Requirements for Acquisition of Lands in Montana.--The
Secretary of the Interior and the Secretary of Agriculture shall
jointly develop and issue a plan for acquisition and disposal of lands
in the State of Montana that will result in consolidation of private
lands and Federal public lands. The plan shall be designed to ensure
that--
``(1) acquisitions of lands with the Federal portion
consolidate Federal ownership of lands in Montana under the
administrative jurisdiction of the Department of the Interior
and the Department of Agriculture; and
``(2) 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.''.
TITLE III--WILDLIFE CONSERVATION AND RESTORATION
SEC. 301. PURPOSES.
The purposes of this title are--
(1) to extend financial and technical assistance to the
States under the Federal Aid to Wildlife Restoration Act for
the benefit of a diverse array of wildlife and associated
habitats, including species that are not hunted or fished, to
fulfill unmet needs of wildlife within the States in
recognition of the primary role of the States to conserve all
wildlife;
(2) to assure sound conservation policies through the
development, revision, and implementation of a comprehensive
wildlife conservation and restoration plan;
(3) to encourage State fish and wildlife agencies to
participate with the Federal Government, other State agencies,
wildlife conservation organizations, Indian tribes, and in the
case of Alaska, Alaska Native Corporations, 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 et seq.), 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
without further appropriation, in each fiscal year, for apportionment
in accordance with this Act to carry out State wildlife conservation
and restoration programs.''; and
(2) by adding at the end the following:
``(c) Amounts transferred to the fund from the Conservation and
Reinvestment Act Fund and apportioned under subsection (a)(2) shall
supplement, but not replace, existing funds available to the States
from the sport fish restoration account and wildlife restoration
account and shall be used for the development, revision, and
implementation of wildlife conservation and restoration programs and
should be used to address the unmet needs for a diverse array of
wildlife and associated habitats, including species that are not hunted
or fished, for wildlife conservation, wildlife conservation education,
and wildlife-associated recreation projects. Such funds may be used for
new programs and projects as well as to enhance existing programs and
projects.
``(d)(1) Notwithstanding subsections (a) and (b) of this section,
with respect to amounts transferred to the fund from the Conservation
and Reinvestment Act Fund so much of such amounts as is apportioned to
any State for any fiscal year and as remains unexpended at the close
thereof shall remain available for expenditure in that State until the
close of--
``(A) the fourth succeeding fiscal year, in the case of
amounts transferred in any of the first 10 fiscal years
beginning after the date of the 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 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 one-half of 1
percent thereof.
``(B) To Guam, American Samoa, the Virgin Islands, and the
Commonwealth of the Northern Mariana Islands, each a sum equal
to not more than one-sixth 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) One-third of which is based on the ratio to which the
land area of such State bears to the total land area of all
such States.
``(ii) Two-thirds of which is based on the ratio to which
the population of such State bears to the total population of
all such States.
``(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 one-half 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 et seq.).
SEC. 402. PURPOSE.
The purpose of this title is to provide a dedicated source of
funding to assist local governments in improving their park and
recreation systems.
SEC. 403. TREATMENT OF AMOUNTS TRANSFERRED FROM CONSERVATION AND
REINVESTMENT ACT FUND.
Section 1013 (16 U.S.C. 2512) is amended to read as follows:
``treatment of amounts transferred from conservation and reinvestment
act fund
``Sec. 1013. (a) In General.--Amounts transferred to the Secretary
of the Interior under section 5(b)(4) of the Conservation and
Reinvestment Act of 2000 in a fiscal year shall be available to the
Secretary without further appropriation to carry out this title. Any
amount that has not been paid or obligated by the Secretary before the
end of the second fiscal year beginning after the first fiscal year in
which the amount is available shall be reapportioned by the Secretary
among grantees under this title.
``(b) Limitations on Annual Grants.--Of the amounts available in a
fiscal year under subsection (a)--
``(1) not more that 3 percent may be used for grants for
the development of local park and recreation recovery action
programs pursuant to sections 1007(a) and 1007(c);
``(2) not more than 10 percent may be used for innovation
grants pursuant to section 1006; and
``(3) not more than 15 percent may be provided as grants
(in the aggregate) for projects in any one State.
``(c) Limitation on Use for Grant Administration.--The Secretary
shall establish a limit on the portion of any grant under this title
that may be used for grant and program administration.''.
SEC. 404. AUTHORITY TO DEVELOP NEW AREAS AND FACILITIES.
Section 1003 (16 U.S.C. 2502) is amended by inserting ``development
of new recreation areas and facilities, including the acquisition of
lands for such development,'' after ``rehabilitation of critically
needed recreation areas, facilities,''.
SEC. 405. DEFINITIONS.
Section 1004 (16 U.S.C. 2503) is amended as follows:
(1) In paragraph (j) by striking ``and'' after the
semicolon.
(2) In paragraph (k) by striking the period at the end and
inserting a semicolon.
(3) By adding at the end the following:
``(l) `development grants'--
``(1) subject to subparagraph (2) means matching
capital grants to units of local government to cover
costs of development, land acquisition, and
construction on existing or new neighborhood recreation
sites, including indoor and outdoor recreational areas
and facilities, support facilities, and landscaping;
and
``(2) does not include routine maintenance, and
upkeep activities; and
``(m) `Secretary' means the Secretary of the Interior.''.
SEC. 406. ELIGIBILITY.
Section 1005(a) (16 U.S.C. 2504(a)) is amended to read as follows:
``(a) Eligibility of general purpose local governments to compete
for assistance under this title shall be based upon need as determined
by the Secretary. Generally, eligible general purpose local governments
shall include the following:
``(1) All political subdivisions of Metropolitan, Primary,
or Consolidated Statistical Areas, as determined by the most
recent Census.
``(2) Any other city, town, or group of cities or towns (or
both) within such a Metropolitan Statistical Area, that has a
total population of 50,000 or more as determined by the most
recent Census.
``(3) Any other county, parish, or township with a total
population of 250,000 or more as determined by the most recent
Census.''.
SEC. 407. GRANTS.
Section 1006 (16 U.S.C. 2505) is amended--
(1) in subsection (a) by redesignating paragraph (3) as
paragraph (4); and
(2) by striking so much as precedes subsection (a)(4) (as
so redesignated) and inserting the following:
``grants
``Sec. 1006. (a)(1) The Secretary may provide 70 percent matching
grants for rehabilitation, development, acquisition, and innovation
purposes to any eligible general purpose local government upon approval
by the Secretary of an application submitted by the chief executive of
such government.
``(2) At the discretion of such an applicant, a grant under this
section may be transferred in whole or part to independent special
purpose local governments, private nonprofit agencies, or county or
regional park authorities, if--
``(A) such transfer is consistent with the approved
application for the grant; and
``(B) the applicant provides assurance to the Secretary
that the applicant will maintain public recreation
opportunities at assisted areas and facilities in accordance
with section 1010.
``(3) Payments may be made only for those rehabilitation,
development, or innovation projects that have been approved by the
Secretary. Such payments may be made from time to time in keeping with
the rate of progress toward completion of a project, on a reimbursable
basis.''.
SEC. 408. RECOVERY ACTION PROGRAMS.
Section 1007(a) (16 U.S.C. 2506(a)) is amended--
(1) in subsection (a) in the first sentence by inserting
``development,'' after ``commitments to ongoing planning,'';
and
(2) in subsection (a)(2) by inserting ``development and''
after ``adequate planning for''.
SEC. 409. STATE ACTION INCENTIVES.
Section 1008 (16 U.S.C. 2507) is amended--
(1) by inserting ``(a) In General.--'' before the first
sentence; and
(2) by striking the last sentence of subsection (a) (as
designated by paragraph (1) of this section) and inserting the
following:
``(b) Coordination With Land and Water Conservation Fund
Activities.--(1) The Secretary and general purpose local governments
are encouraged to coordinate preparation of recovery action programs
required by this title with State Plans or Agendas required under
section 6 of the Land and Water Conservation Fund Act of 1965,
including by allowing flexibility in preparation of recovery action
programs so they may be used to meet State and local qualifications for
local receipt of Land and Water Conservation Fund grants or State
grants for similar purposes or for other conservation or recreation
purposes.
``(2) The Secretary shall encourage States to consider the
findings, priorities, strategies, and schedules included in the
recovery action programs of their urban localities in preparation and
updating of State plans in accordance with the public coordination and
citizen consultation requirements of subsection 6(d) of the Land and
Water Conservation Fund Act of 1965.''.
SEC. 410. CONVERSION OF RECREATION PROPERTY.
Section 1010 (16 U.S.C. 2509) is amended to read as follows:
``conversion of recreation property
``Sec. 1010. (a)(1) No property developed, acquired, or
rehabilitated under this title shall, without the approval of the
Secretary, be converted to any purpose other than public recreation
purposes.
``(2) Paragraph (1) shall apply to--
``(A) property developed with amounts provided under this
title; and
``(B) the park, recreation, or conservation area of which
the property is a part.
``(b)(1) The Secretary shall approve such conversion only if the
grantee demonstrates no prudent or feasible alternative exists.
``(2) Paragraph (1) shall apply to property that is no longer a
viable recreation facility due to changes in demographics or that must
be abandoned because of environmental contamination which endangers
public health or safety.
``(c) Any conversion must satisfy any conditions the Secretary
considers necessary to assure substitution of other recreation property
that is--
``(1) of at least equal fair market value, and reasonably
equivalent usefulness and location; and
``(2) in accord with the current recreation recovery action
program of the grantee.''.
SEC. 411. REPEAL.
Section 1015 (16 U.S.C. 2514) is repealed.
TITLE V--HISTORIC PRESERVATION FUND
SEC. 501. TREATMENT OF AMOUNTS TRANSFERRED FROM CONSERVATION AND
REINVESTMENT ACT FUND.
Section 108 of the National Historic Preservation Act (16 U.S.C.
470h) is amended--
(1) by inserting ``(a)'' before the first sentence;
(2) in subsection (a) (as designated by paragraph (1) of
this section) by striking all after the first sentence; and
(3) by adding at the end the following:
``(b) Amounts transferred to the Secretary under section 5(b)(5) of
the Conservation and Reinvestment Act of 2000 in a fiscal year shall be
deposited into the Fund and shall be available without further
appropriation to carry out this Act.
``(c) At least one-half of the funds obligated or expended each
fiscal year under this Act shall be used in accordance with this Act
for preservation projects on historic properties. In making such funds
available, the Secretary shall give priority to the preservation of
endangered historic properties.''.
SEC. 502. STATE USE OF HISTORIC PRESERVATION ASSISTANCE FOR NATIONAL
HERITAGE AREAS AND CORRIDORS.
Title I of the National Historic Preservation Act (16 U.S.C. 470a
et seq.) is amended by adding at the end the following:
``SEC. 114. STATE USE OF ASSISTANCE FOR NATIONAL HERITAGE AREAS AND
CORRIDORS.
``In addition to other uses authorized by this Act, amounts
provided to a State under this title may be used by the State to
provide financial assistance to the management entity for any national
heritage area or national heritage corridor established under the laws
of the United States, to support cooperative historic preservation
planning and development.''.
TITLE VI--FEDERAL AND INDIAN LANDS RESTORATION
SEC. 601. PURPOSE.
The purpose of this title is to provide a dedicated source of
funding for a coordinated program on Federal and Indian lands to
restore degraded lands, protect resources that are threatened with
degradation, and protect public health and safety.
SEC. 602. TREATMENT OF AMOUNTS TRANSFERRED FROM CONSERVATION AND
REINVESTMENT ACT FUND; ALLOCATION.
(a) In General.--Amounts transferred to the Secretary of the
Interior and the Secretary of Agriculture under section 5(b)(6) of this
Act in a fiscal year shall be available without further appropriation
to carry out this title.
(b) Allocation.--Amounts referred to in subsection (a) year shall
be allocated and available as follows:
(1) Department of the interior.--Sixty percent shall be
allocated and available to the Secretary of the Interior to
carry out the purpose of this title on lands within the
National Park System, lands within the National Wildlife Refuge
System, and public lands administered by the Bureau of Land
Management.
(2) Department of agriculture.--Thirty percent shall be
allocated and available to the Secretary of Agriculture to
carry out the purpose of this title on lands within the
National Forest System.
(3) Indian tribes.--Ten percent shall be allocated and
available to the Secretary of the Interior for competitive
grants to qualified Indian tribes under section 603(b).
SEC. 603. AUTHORIZED USES OF TRANSFERRED AMOUNTS.
(a) In General.--Funds made available to carry out this title shall
be used solely for restoration of degraded lands, resource protection,
maintenance activities related to resource protection, or protection of
public health or safety.
(b) Competitive Grants to Indian Tribes.--
(1) Grant authority.--The Secretary of the Interior shall
administer a competitive grant program for Indian tribes,
giving priority to projects based upon the protection of
significant resources, the severity of damages or threats to
resources, and the protection of public health or safety.
(2) Limitation.--The amount received for a fiscal year by a
single Indian tribe in the form of grants under this subsection
may not exceed 10 percent of the total amount available for
that fiscal year for grants under this subsection.
(c) Priority List.--The Secretary of the Interior and the Secretary
of Agriculture shall each establish priority lists for the use of funds
available under this title. Each list shall give priority to projects
based upon the protection of significant resources, the severity of
damages or threats to resources, and the protection of public health or
safety.
(d) Compliance With Applicable Plans.--Any project carried out on
Federal lands with amounts provided under this title shall be carried
out in accordance with all management plans that apply under Federal
law to the lands.
(e) Tracking Results.--Not later than the end of the first full
fiscal year for which funds are available under this title, the
Secretary of the Interior and the Secretary of Agriculture shall
jointly establish a coordinated program for--
(1) tracking the progress of activities carried out with
amounts made available by this title; and
(2) determining the extent to which demonstrable results
are being achieved by those activities.
SEC. 604. INDIAN TRIBE DEFINED.
In this title, the term ``Indian tribe'' 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.
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, without further appropriation, 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);
(2) the Forest Legacy Program under section 7 of the
Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2103c);
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).
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 without further appropriation 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 et seq.), the wetlands reserve program established
under subchapter C of that chapter (16 U.S.C. 3837 et seq.), or
the Wildlife Habitat Incentives Program established under
section 387 of the Federal Agriculture Improvement and Reform
Act of 1996 (16 U.S.C. 3836a).
(2) Limitation.--A person may not receive financial
assistance under this section to carry out activities under a
species recovery agreement in addition to payments under the
programs referred to in paragraph (1) made for the same
activities, if the terms of the species recovery agreement do
not require financial or management obligations by the person
in addition to any such obligations of the person under such
programs.
SEC. 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.
TITLE VIII--PROTECTION OF SOCIAL SECURITY AND MEDICARE BENEFITS
SEC. 801. PROTECTION OF SOCIAL SECURITY AND MEDICARE BENEFITS.
No funds shall be expended under this Act if such expenditure
diminishes benefit obligations of the Federal Old-Age and Survivors
Insurance Trust Fund, the Federal Disability Insurance Trust Fund, the
Hospital Insurance Trust Fund, or the Supplementary Medical Insurance
Trust Fund.
Passed the House of Representatives May 11, 2000.
Attest:
JEFF TRANDAHL,
Clerk.