Establishes the Non-Federal Lands of Regional or National Interest Fund.
Title II: Coastal Stewardship - Coastal Stewardship Act of 2000 - Amends the Outer Continental Shelf Lands Act to establish the Ocean and Coast Conservation Fund and Outer Continental Shelf Impact Assistance Fund.
Title III: Wildlife Conservation and Restoration - Wildlife Conservation and Restoration Act of 2000 - Amends the Federal Aid in Wildlife Restoration Act to provide for the deposit of an additional annual amount into the Federal Aid in Wildlife Restoration Fund. Establishes a wildlife conservation and restoration subaccount in such fund.
Title IV: Endangered and Threatened Species Habitat Protection - Establishes the Endangered and Threatened Species Recovery Fund for recovery agreements with landowners.
Title V: Historic Preservation Fund - Amends the National Preservation Act to provide for the deposit into the Historic Preservation Fund of a specified annual amount. Allocates amounts to State, local governmental, and tribal historic preservation programs, the American Battlefield Protection Program, and matching grant programs.
Title VI: Natural Resource Restoration Programs - Establishes the National Park System Resource Protection Fund and the Coral Reef Resources Restoration Fund.
Title VII: Urban Park and Forestry Programs - Amends the Urban Park and Recreation Recovery Act of 1978 to establish the Urban Park and Recreation Recovery Fund.
Amends the Cooperative Forestry Assistance Act of 1978 to establish the Urban and Community Forestry Assistance Fund.
Title VIII: Conservation Easements - Establishes the Forest Legacy Fund, the Farmland Protection Fund, and the Ranchland Protection Fund.
Title IX: Natural Resource Community Investment Programs - Amends the Youth Conservation Corps Act of 1970 to establish the Youth Conservation Corps Fund.
Amends the Cooperative Forestry Assistance Act of 1978 to establish the Forest Service Rural Development Fund.
Amends the National Forest-Dependent Rural Communities Economic Diversification Act to establish the Forest Service Rural Community Assistance Fund.
Title X: Payment in Lieu of Taxes - Establishes the Payment in Lieu of Taxes Fund.
[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2181 Introduced in Senate (IS)]
2d Session
S. 2181
To amend the Land and Water Conservation Fund Act to provide full
funding for the Land and Water Conservation Fund, and to provide
dedicated funding for other conservation programs, including coastal
stewardship, wildlife habitat protection, State and local park and open
space preservation, historic preservation, forestry conservation
programs, and youth conservation corps; and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 6, 2000
Mr. Bingaman (for himself, Mr. Hollings, Mr. Baucus, Mr. Kerry, Mrs.
Boxer, Mr. Lieberman, Mr. Bryan, Mr. Akaka, Mr. Leahy, and Mr.
Sarbanes) introduced the following bill; which was read twice and
referred to the Committee on Energy and Natural Resources
_______________________________________________________________________
A BILL
To amend the Land and Water Conservation Fund Act to provide full
funding for the Land and Water Conservation Fund, and to provide
dedicated funding for other conservation programs, including coastal
stewardship, wildlife habitat protection, State and local park and open
space preservation, historic preservation, forestry conservation
programs, and youth conservation corps; and for other purposes.
Be it enacted by the Senate and House of Representa
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Conservation and Stewardship Act''.
TITLE I--LAND AND WATER CONSERVATION FUND
SEC. 101. SHORT TITLE.
This title may be cited as the ``Land and Water Conservation Fund
Act Amendments of 2000''.
SEC. 102. LAND AND WATER CONSERVATION FUND AMENDMENTS.
(a) Permanent Appropriation Into the Fund.--Section 2 of the Land
and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-5) is amended--
(1) in the first paragraph by striking ``During the period
ending September 30, 2015, there'' and inserting ``There'';
(2) in paragraph (c)(1) by striking ``not less than'' and
all that follows through the end of the paragraph and inserting
``not less than $900,000,000 for each fiscal year.''; and
(3) in paragraph (c)(2) by striking ``shall be credited''
and all that follows through the end of the paragraph and
inserting ``shall be deposited into the fund from qualified
Outer Continental Shelf revenues (as that term is defined in
section 2(u) of the Outer Continental Shelf Lands Act (43
U.S.C. 1331(u)) (as amended by the Coastal Stewardship Act of
2000)). Such moneys shall only be used to carry out the
purposes of this Act.''.
(b) Permanent Funding Authority.--Section 3 of the Land and Water
Conservation Fund Act of 1965 (16 U.S.C. 460l-6) is amended to read as
follows:
``Of amounts in the fund, $900,000,000 shall be available
each fiscal year for obligation or expenditure in accordance
with section 5 of this Act. Such funds shall be made available
without further appropriation, and shall remain available until
expended. Other moneys in the fund shall be available for
expenditure only when appropriated therefor. Such
appropriations may be made without fiscal year limitation.''.
(c) Allocation of Funds.--Section 5 of the Land and Water
Conservation Fund Act of 1965 (16 U.S.C. 460l-7) is amended to read as
follows:
``Fifty percent of the funds made available each fiscal
year shall be used for Federal land acquisition purposes as
provided in section 7 of this Act, and fifty percent shall be
used for financial assistance to States as provided in section
6 of this Act.''.
(d) State Funding Allocations.--Section 6(b) of the Land and Water
Conservation Fund Act of 1965 (16 U.S.C. 460l-8(b)) is amended--
(1) by striking ``Sums appropriated and available'' and
inserting ``Amounts made available'';
(2) by striking paragraph (1) in its entirety and inserting
the following:
``(1) Eighty percent of the amounts made available shall be
apportioned as follows:
``(A) Sixty percent shall be apportioned equally
among the several States;
``(B) Twenty percent shall be apportioned on the
basis of the ratio which the population of each State
bears to the total population of the United States; and
``(C) Twenty percent shall be apportioned on the
basis of the urban population in each State (as defined
by Metropolitan Statistical Areas).''; and
(3) in paragraph (2) by striking ``At any time, the
remaining appropriation'' and inserting ``The remaining
allocation''.
(e) Federal Land Acquisition Projects.--Section 7(a) of the Land
and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-9(a)) is
amended--
(1) by striking ``Moneys appropriated'' and all that
follows through ``subpurposes'' and inserting the following:
``(1)(A) The President shall transmit, as part of the
annual budget proposal, a priority list for Federal land
acquisition projects. Funds shall be made available from the
Land and Water Conservation Fund, without further
appropriation, 15 days after the date the Congress adjourns
sine die for each year, for the projects identified on the
President's priority list, unless prior to such date,
legislation is enacted establishing a different priority list.
``(B) If Congress enacts legislation establishing an
alternate priority list, and such priority list funds less than
the annual authorized funding amount identified in section 5,
the difference between the authorized funding amount and the
alternate priority list shall be available for expenditure,
without further appropriation, in accordance with the priority
list submitted by the President.
``(C)(1) In developing the annual land acquisition priority
list, the President shall require the Secretary of the Interior
and the Secretary of Agriculture to develop the priority list
for the sites under each Secretary's jurisdiction. The
Secretaries shall prepare the lists in consultation with the
head of each affected bureau or agency, taking into account the
best professional judgment regarding the land acquisition
priorities and policies of each bureau or agency.
``(2) In preparing the lists referred to in paragraph (1),
the Secretaries shall ensure that not less than $5 million is
made available each year for the acquisition of easements, on a
willing seller basis, to provide for non-motorized access to
public lands for hunting, fishing, and other recreational
purposes.
``(D) Amounts made available from the fund for Federal land
acquisition projects shall be used for the purposes and
subpurposes identified in paragraphs (2), (3), and (4) of this
subsection.''; and
(2) by redesignating subsequent paragraphs accordingly.
SEC. 102. NON-FEDERAL LANDS OF REGIONAL OR NATIONAL INTEREST.
Title I of the Land and Water Conservation Fund Act of 1965 (16
U.S.C. 460l-4 et seq.) is amended by adding at the end the following:
``SEC. 14. NON-FEDERAL LANDS OF REGIONAL OR NATIONAL INTEREST.
``(a) Establishment of Fund.--There is established in the Treasury
of the United States a fund which shall be known as the `Non-Federal
Lands of Regional or National Interest Fund' (in this section referred
to as the `fund'). There shall be deposited into the fund $125,000,000
in fiscal year 2001 and each fiscal year thereafter from qualified
Outer Continental Shelf Revenues (as that term is defined in section
2(u) of the Outer Continental Shelf Lands Act (43 U.S.C. 1331(u)) (as
amended by the Coastal Stewardship Act of 2000)). Such moneys shall be
used only to carry out the purposes of this section.
``(b) Expenditures.--(1) Of the amounts in the fund, $125,000,000
shall be available each year to the Secretary of the Interior for
obligation or expenditure in accordance with this section. Such funds
shall be available without further appropriation, subject to the
requirements of this section, and shall remain available until
expended.
``(2) The Secretary shall prepare, as part of the annual budget
proposal, a priority list for grant projects to be funded under this
section, from among the applications submitted pursuant to subsection
(c). Moneys shall be available from the fund, without further
appropriation, 15 days after the date Congress adjourns sine die each
year, for the projects specified on the priority list, unless prior to
such date, legislation is enacted establishing a different priority
list.
``(c) Grants to States.--(1) A State may submit an application to
the Secretary for a grant to fund the conservation of non-Federal lands
or waters of clear regional or national interest.
``(2) In determining whether to recommend the award of a grant
under this section, the Secretary shall consider, on a competitive
basis, the extent to which a proposed conservation project described in
the grant application will conserve the natural, historic, cultural,
and recreational values of the non-Federal lands or waters to be
protected.
``(3) The Secretary shall give preference to proposed conservation
projects--
``(A) that seek to protect ecosystems;
``(B) that are developed in collaboration with other
States, or with private persons or entities; or
``(C) that are complementary to conservation or restoration
programs undertaken on Federal lands.
``(4) A grant awarded to a State under this subsection shall cover
not more than 50 percent of the total cost of the conservation
project.''.
TITLE II--COASTAL STEWARDSHIP
SEC. 201. SHORT TITLE.
This title may be cited as the ``Coastal Stewardship Act of 2000''.
SEC. 202. AMENDMENT TO OUTER CONTINENTAL SHELF LANDS ACT.
(a) Definitions.--Section 2 of the Outer Continental Shelf Lands
Act (43 U.S.C. 1331) is amended by adding at the end the following:
``(r) As used in sections 31 and 32, the term `coastline' has the
meaning given such term in section 2(c) of the Submerged Lands Act (43
U.S.C. 1301(c));
``(s) As used in sections 31 and 32, the term `Coastal State' has
the same meaning given such term in section 304(4) of the Coastal Zone
Management Act of 1972 (16 U.S.C. 1453(4));
``(t) As used in sections 31 and 32, the term `leased tract' means
a tract, maintained under section 6 or leased under section 8 for the
purposes 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 both), as
specified in the lease, and as depicted on an Outer Continental Shelf
Official Protraction Diagram;
``(u) As used in sections 31 and 32, the term `qualified Outer
Continental Shelf revenues' means all amounts received by the United
States as 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
section 8 or maintained under section 6, accruing from each leased
tract or portion of a leased tract, the geographic center of which lies
within a distance of 200 miles from any part of the coastline of any
Coastal State. It shall not include amounts from any leased tract or
portion of a leased tract which is included within any area of the
Outer Continental Shelf where a moratorium on new leasing was in effect
as of January 1, 1999, unless the leased tract or portion of leased
tract was issued prior to the establishment of the moratorium and is in
production as of January 1, 2000. For each leased tract or portion of a
leased tract lying within the zone defined and governed by section
8(g), and to which section 8(g) applies, the term `qualified Outer
Continental Shelf revenues' shall include only amounts remaining after
payment has been made to States in accordance with section 8(g).''.
(b) Ocean and Coast Conservation.--The Outer Continental Shelf
Lands Act (43 U.S.C. 1331 et seq.) is amended by adding at the end the
following:
``SEC. 31. OCEAN AND COAST CONSERVATION FUND.
``(a) Establishment of Fund.--(1) There is established in the
Treasury of the United States a fund which shall be known as the `Ocean
and Coast Conservation Fund' (in this section referred to as the
`fund'). There shall be deposited into the fund $365,000,000 from
qualified Outer Continental Shelf revenues in fiscal year 2001 and each
fiscal year thereafter. Such moneys shall be used only to carry out the
purposes of this section.
``(2) Of the amounts in the fund, $365,000,000 shall be available
each fiscal year for obligation or expenditure in accordance with this
section. Such funds shall be made available to the Secretary of
Commerce without further appropriation, subject to the requirements of
this section, and shall remain available until expended.
``(b) Allocation of Funds.--Notwithstanding section 9, the
Secretary of Commerce shall allocate funds available under this section
as follows:
``(1) for uses identified in subsection (c), $250,000,000;
``(2) for uses identified in subsection (d), $25,000,000;
``(3) for uses identified in subsection (e), $75,000,000;
and
``(4) for uses identified in subsection (f), $15,000,000.
``(c) Coastal Stewardship.--(1) The Secretary of Commerce shall
allocate among all Coastal States the funds available under subsection
(b)(1) as follows:
``(A) 25 percent of the funds under this subsection shall
be allocated based on the ratio of the coastline miles of the
Coastal State to the coastline miles of all Coastal States;
``(B) 25 percent of the funds under this subsection shall
be allocated based on the ratio of the coastal population of
the Coastal State to the coastal population of all Coastal
States;
``(C) 50 percent of the funds under this subsection shall
be allocated based on the demonstrated conservation and
protection needs of the Coastal State for coastal stewardship
uses as determined under this subsection.
``(2) The Secretary of Commerce, in accordance with the
requirements of this section, shall determine the allocation each State
is entitled to receive based on demonstrated conservation and
protection need under subsection (c)(1)(C).
``(3) To be eligible to receive moneys under subsection (c)(1)(C),
a Coastal State must submit to the Secretary of Commerce an application
demonstrating the conservation and protection needs of the Coastal
State. Such application shall indicate how moneys received from that
portion of the fund would be used in accordance with the allowable uses
identified in this subsection. This application shall be submitted as
part of the plan required under subsection (c)(6) and in accordance
with the requirements of that subsection.
``(4) In determining the allocation of moneys based on demonstrated
conservation and protection need as provided in subsection (c)(1)(C),
priority shall be given to activities and plans--
``(A) which support and are consistent with National
Estuary programs, National Estuarine Research Reserve programs,
the National Marine Sanctuary Act, the Coastal Zone Management
Act, and other State or Federal laws governing the conservation
or restoration of coastal or marine fish habitat;
``(B) which promote coastal conservation, restoration, or
water quality protection on a watershed or regional basis; or
``(C) which address coastal conservation needs created by
seasonal or otherwise transient fluctuations in population in
Coastal States.
``(5) Coastal States shall use moneys received under this
subsection only for--
``(A) the conservation or protection of coastal and marine
habitats including wetlands, estuaries, and coral reefs;
``(B) projects to remove abandoned vessels or marine debris
that may adversely affect coastal habitat or living marine
resources;
``(C) the reduction or monitoring of coastal polluted
runoff or other coastal contaminants;
``(D) addressing watershed protection including
conservation needs which cross jurisdictional boundaries;
``(E) the assessment, research, mapping and monitoring of
coastal and marine habitats.
``(F) addressing coastal conservation needs associated with
seasonal or otherwise transient fluctuations in coastal
populations;
``(G) the establishment, monitoring or assessment of marine
protected areas.
``(6) To be eligible to receive moneys under this subsection, a
Coastal State must submit to the Secretary of Commerce a plan detailing
the uses to which the Coastal State will put all funds received under
this subsection. The plan shall be developed with public input, and
must certify that uses set forth in the plan comply with all applicable
Federal and State laws, including environmental laws. Each plan shall
consider ways to use funds received under this subsection to assist
local governments, non-profit organizations, or public institutions
with activities or programs consistent with this subsection.
``(7) No funds under this subsection shall be made available to a
Coastal State until the Secretary of Commerce has affirmatively found
that all uses proposed by a Coastal State are consistent with the
purposes and requirements of this subsection.
``(d) Cooperative Enforcement Uses.--(1) The Governor of a State
represented on an Interstate Fisheries Commission may apply to the
Secretary of Commerce for execution of a cooperative enforcement
agreement with the Secretary of Commerce. Cooperative agreements
between the Secretary of Commerce and such States shall authorize the
deputization of State law enforcement officers with marine law
enforcement responsibilities, to perform duties of the Secretary of
Commerce relating to any law enforcement provision of any marine
resource laws enforced by the Secretary of Commerce, including the
National Marine Sanctuaries Act. Such cooperative enforcement
agreements shall be consistent with the purposes and intent of section
311(a) of the Magnuson-Stevens Fishery Conservation and Management Act
(16 U.S.C. 1861(a)), to the extent applicable to the regulated
activities, and may include specifications for joint management
responsibilities as provided by section 1 of Public Law 91-412 (15
U.S.C. 1525).
``(2) Upon receiving an application meeting the requirements of
this subsection, the Secretary of Commerce shall enter into the
cooperative enforcement agreement with the requesting State.
``(3) Consistent with the fund amounts contained in subsection
(b)(2), The Secretary of Commerce shall include in each cooperative
enforcement agreement an allocation of funds to assist in management of
the agreement. The allocation shall be equitably distributed among all
States participating in cooperative enforcement agreements under this
subsection, based upon consideration of the specific marine
conservation enforcement needs of each participating State. Such
agreement may provide for amounts to be withheld by the Secretary of
Commerce for the cost of any technical or other assistance provided to
the State by the Secretary of Commerce under the agreement.
``(e) Cooperative Research and Management Uses.--(1) The Governor
of any State represented on an Interstate Marine Fishery Commission may
apply to the Secretary of Commerce for the execution of a research and
management agreement, on a sole source basis, for the purpose of
undertaking eligible projects required for the effective management of
living marine resources of the United States. Upon determining that the
application meets the requirements of this subsection, the Secretary of
Commerce shall enter into such agreement. Such agreement may provide
for amounts to be withheld by the Secretary of Commerce for the cost of
any technical or other assistance provided to the State by the
Secretary of Commerce under the agreement.
``(2) The Secretary of Commerce shall allocate to States
participating in a research and management agreement under this
subsection funds to assist in implementing the agreement, consistent
with the amounts available under subsection (b)(3).
``(3) For purposes of this subsection, eligible projects are those
which address critical needs identified in fishery management reports
or plans developed and approved by a State, Marine Fisheries
Commission, Regional Fishery Management Council, or other regional or
tribal entity, charged with management and conservation of living
marine resources, and that pertain to--
``(A) the collection and analysis of fishery data and
information, including data on landings, fishing effort,
biology, habitat, economics and social changes, including those
information needs identified pursuant to section 401 of the
Magnuson-Stevens Fishery Conservation and Management Act (16
U.S.C. 1881); or
``(B) the development of measures to promote innovative or
cooperative management of fisheries.
(4) ``In making funds available under this subsection, the
Secretary of Commerce shall give priority to eligible projects that
meet any of the following criteria:
``(A) establishment of observer programs;
``(B) cooperative research projects developed among States,
academic institutions, and the fishing industry, to obtain data
or other information necessary to meet national or regional
management priorities;
``(C) projects to reduce harvesting capacity performed in a
manner consistent with section 312(b) of the Magnuson-Stevens
Fishery and Conservation Act (16 U.S.C. 1862(b));
``(D) projects designed to identify ecosystem impacts of
fishing, including the relationship between fishing harvest and
marine mammal population abundance; and
``(E) projects for the identification, conservation or
restoration of fish habitat.
``(5) Within 90 days of enactment of this Act, the Secretary of
Commerce shall adopt procedures necessary to implement this section.
``(f) Coral Reef Protection.--The Secretary of Commerce shall use
amounts provided in subsection (b)(4) for the conservation and
protection of coral reefs.
``(g) Annual Accounting.--Not later than June 15 of each year, each
Coastal State 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 Commerce. This report shall include a description of
all projects and activities receiving funds under this section.
``(h) Congressional Approval.--The Secretary of Commerce shall
transmit, as part of the annual budget proposal, a priority list for
allocations to Coastal States under subsection (c)(1)(C), and
subsections (d), (e), and (f). Monies shall be made available from the
fund 15 days after the sine die adjournment of the Congress each year,
without further appropriation, for the projects identified on the
priority list, unless prior to such date, legislation is enacted
establishing a different priority list. If Congress enacts legislation
establishing an alternate priority list, and such priority list funds
less than the annual authorized funding amount identified in
subsections (c)(3), (d), (e), or (f), the difference between the
authorized funding amount and the alternate priority list shall be
available for expenditure, without further appropriation, in accordance
with the priority list submitted by the Secretary.
``SEC. 32. COASTAL IMPACT ASSISTANCE.
``(a) Definitions.--In this section:
``(1) Distance.--The term `distance' means minimum great
circle distance, measured in statute miles; and
``(2) Producing coastal state.--The term `Producing Coastal
State' means a Coastal State, any portion of which lies within
a distance of 200 miles from the geographic center of any
leased tract having an approved plan of development, and which
leased tract, as of January 1, 1999, was not covered by a
moratorium on leasing, unless the lease was issued prior to the
establishment of the moratorium and was in production on
January 1, 1999.
``(b) Establishment of Fund.--(1) There is established in the
Treasury of the United States a fund which shall be known as the `Outer
Continental Shelf Impact Assistance Fund' (in this section referred to
as the `fund'). There shall be deposited into the fund in fiscal year
2000 and each fiscal year thereafter $100,000,000 from qualified Outer
Continental Shelf revenues for each leased tract or portion of a leased
tract lying seaward of the zone defined and governed by section 8(g),
or lying within that zone but to which section 8(g) does not apply.
Such moneys shall be used only to carry out the purposes of this
section.
``(2) Of the amounts in the fund, $100,000,000 shall be available
each fiscal year for obligation or expenditure in accordance with this
section. Such funds shall be made available to the Secretary without
further appropriation, subject to the requirements of this section, and
shall remain available until expended.
``(c) Payment to Producing Coastal States.--
``(1) Notwithstanding section 9, the Secretary shall,
without further appropriation, make payments in each fiscal
year to Producing Coastal States equal to the amount deposited
in the fund for the prior fiscal year.
``(2) Such payments shall be allocated among the Producing
Coastal States as follows:
``(A) 25 percent of the funds shall be allocated
based on the ratio of the shoreline miles of the
Producing Coastal State to the shoreline miles of all
Producing Coastal States;
``(B) 25 percent of the funds shall be allocated
based on the ratio of the coastal population of the
Producing Coastal State to the coastal population of
all Producing Coastal States;
``(C) 50 percent of the funds shall be allocated
based upon the Outer Continental Shelf oil and gas
production offshore of such Producing Coastal State.
The allocation shall only include qualified Outer
Continental Shelf revenues from any leased tract the
geographic center of which lies within a distance of
200 miles from any portion of such Producing Coastal
State, but shall not include revenues from any leased
tract or portion of a leased tract which, as of January
1, 1999, was covered by a moratorium on leasing, unless
the lease was issued prior to the establishment of the
moratorium and was in production on January 1, 1999.
Each Producing Coastal State's allocable share shall be
inversely proportional to the distance between the
nearest port on the coastline of such Producing Coastal
State and the geographic center of each leased tract or
portion of the leased tract as determined by the
Secretary.
``(e) Minimum State Share.--The allocable share of revenues for
each Producing Coastal State shall not be less than $2,000,000.
``(f) Uses.--Producing Coastal States shall use moneys received
from the fund only to mitigate adverse environmental impacts directly
attributable to the development of oil and gas resources of the Outer
Continental Shelf.
``(g) State Plans and Annual Report.--(1) Prior to the receipt of
funds pursuant to this section in any fiscal year, a Producing Coastal
State shall submit to the Secretary a plan for the use of such moneys.
The plan shall be developed with public participation and in accordance
with all applicable State and Federal laws. The Secretary shall make
payments from the fund only upon determining, in consultation with the
Secretary of Commerce, that the State plan ensures that the Producing
Coastal State will use its allocated funds in a manner that is
consistent with the purposes of this section.
``(2) No later than June 15 of each year, each Producing Coastal
State receiving money from this fund shall account for all moneys so
received for the previous fiscal year in a written report to the
Secretary and the Secretary of Commerce. The report shall include a
description of all projects and activities receiving funds under this
section.''.
TITLE III--WILDLIFE CONSERVATION AND RESTORATION
SEC. 301. SHORT TITLE.
This title may be cited as the ``Wildlife Conservation and
Restoration Act of 2000''.
SEC. 302. FINDINGS.
The Congress finds and declares that--
(1) a diverse array of species of fish and wildlife is of
significant value to the Nation for many reasons: aesthetic,
ecological, educational, cultural, recreational, economic, and
scientific;
(2) the United States should retain for present and future
generations the opportunity to observe, understand, and
appreciate a wide variety of wildlife;
(3) millions of citizens participate in outdoor recreation
through hunting, fishing, and wildlife observation, all of
which have significant value to the citizens who engage in
these activities;
(4) providing sufficient and properly maintained wildlife
associated recreational opportunities is important to enhancing
public appreciation of a diversity of wildlife and the habitats
upon which they depend;
(5) lands and waters which contain species neither
classified as game nor identified as endangered or threatened
can provide opportunities for wildlife associated recreation
and education such as hunting and fishing permitted by
applicable State or Federal law;
(6) hunters and anglers have for more than 60 years
willingly paid user fees in the form of Federal excise taxes on
hunting and fishing equipment to support wildlife diversity and
abundance, through enactment of the Federal Aid in Wildlife
Restoration Act (16 U.S.C. 1669 et seq.; commonly referred to
as the Pittman-Robertson Act), and the Federal Aid in Sport
Fish Restoration Act (16 U.S.C. 777 et seq.; commonly referred
to as the Dingell-Johnson Act);
(7) State programs, adequately funded to conserve a broader
array of wildlife in an individual State and conducted in
coordination with Federal, State, tribal, and private
landowners and interested organizations, would continue to
serve as a vital link in a nationwide effort to restore game
and nongame wildlife, and the essential elements of such
programs should include conservation measures which manage for
a diverse variety of populations of wildlife; and
(8) cooperative conservation efforts aimed at preventing
species from becoming endangered will significantly benefit
private landowners and other citizens by responding to early
warning signs of decline in a flexible, incentive-based manner
that minimizes the social and economic costs often associated
with listing species as threatened or endangered; and
(9) it is proper for Congress to bolster and extend this
highly successful program to aid game and nongame wildlife in
supporting the health and diversity of habitat, as well as
providing funds for conservation education.
SEC. 303. PURPOSES.
The purposes of this title are--
(1) to extend financial and technical assistance to the
States under the Federal Aid in 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 while
recognizing the mandate of the States to conserve all wildlife;
(2) to assure sound conservation policies through the
development, revision and implementation of wildlife associated
recreation and wildlife associated education and wildlife
conservation law enforcement;
(3) to encourage State fish and wildlife agencies to create
partnerships between the Federal Government, other State
agencies, wildlife conservation organizations, and outdoor
recreation and conservation interests through cooperative
planning and implementation of this title; and
(4) to encourage State fish and wildlife agencies to
provide for public involvement in the process of development
and implementation of a wildlife conservation and restoration
program.
SEC. 304. DEFINITIONS.
(a) Reference to Law.--The term ``Federal Aid in Wildlife
Restoration Act'' means the Act of September 2, 1937 (16 U.S.C. 669 et
seq.), commonly referred to as the Federal Aid in Wildlife Restoration
Act or the Pittman-Robertson Act.
(b) 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 further amended by inserting ``or
State fish and wildlife department'' after ``State fish and game
department''.
(d) Conservation.--Section 2 of the Federal Aid in Wildlife
Restoration Act (16 U.S.C. 669a) is further 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' shall be construed to mean a program developed by
a State fish and wildlife department that the Secretary determines
meets the criteria in section 6(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
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, such projects as construction or restoration
of wildlife viewing areas, observation towers, blinds, platforms, land
and water trails, water access, trailheads, 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.''.
(e) Funding.--Subsection 3(a) of the Federal Aid in Wildlife
Restoration Act (16 U.S.C. 669b(a)) is amended in the first sentence--
(1) by inserting at the beginning thereof the following:
``There shall be deposited into the Federal Aid in Wildlife
Restoration Fund (referred to as the `fund') in the Treasury:
(1)''; and
(2) by striking ``shall,'';
(3) by inserting after ``Internal Revenue Code of 1954''
the following: ``; and (2) $350,000,000 in fiscal year 2001 and
each fiscal year thereafter from qualified Outer Continental
Shelf revenues (as that term is defined in section 2(u) of the
Outer Continental Shelf Land Act (43 U.S.C. 1331(u)) (as
amended by the Coastal Stewardship Act of 2000)).''; and
(4) by striking ``be covered into'' and all that follows
through ``is authorized'' and inserting ``Moneys in the fund
are authorized''.
SEC. 305. SUBACCOUNTS.
Section 3 of the Federal Aid in Wildlife Restoration Act (16 U.S.C.
669b) is further amended by adding at the end the following:
``(c) A subaccount shall be established in the Federal Aid in
Wildlife Restoration Fund in the Treasury to be known as the `wildlife
conservation and restoration account' and the deposits each fiscal year
to such account shall be equal to the $350,000,000 referred to in
subsection (a)(2). Amounts in such account shall be made available
without further appropriation, for apportionment at the beginning of
fiscal year 2001 and each fiscal year thereafter to carry out State
wildlife conservation and restoration programs.
``(d) Funds covered into the wildlife conservation and restoration
account shall supplement, but not replace, existing funds available to
the States from the sport fish restoration and wildlife restoration
accounts 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, with an emphasis on 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.
``(e) Notwithstanding subsections (a) and (b), with respect to the
wildlife conservation and restoration account, so much of the
appropriation apportioned to any State for any fiscal year as remains
unexpended at the close thereof is authorized to be made available for
expenditure in that State until the close of the fourth succeeding
fiscal year. Any amount apportioned to any State under this subsection
that is unexpended or unobligated at the end of the period during which
it is available for expenditure on any project is authorized to be
reapportioned to all States during the succeeding fiscal year.''.
SEC. 306. ALLOCATION OF SUBACCOUNT RECEIPTS.
Section 4 of the Federal Aid in Wildlife Restoration Act (16 U.S.C.
669c) is amended by adding the following:
``(c)(1) Notwithstanding subsection (a), not more than 2 percent of
the revenues deposited into the wildlife conservation and restoration
account in each fiscal year as the Secretary of the Interior may
estimate to be necessary for expenses in the administration and
execution of programs carried out under the wildlife conservation and
restoration account shall be deducted for that purpose, and such amount
is authorized to be made available therefor until the expiration of the
next succeeding fiscal year. Within 60 days after the close of such
fiscal year, the Secretary shall apportion any portion thereof as
remains unexpended, if any, on the same basis and in the same manner as
is provided under paragraphs (2) and (3).
``(2) The Secretary, after making the deduction under paragraph
(1), shall make the following apportionment from the amount remaining
in the wildlife conservation and restoration account:
``(A) to the District of Columbia and to the Commonwealth
of Puerto Rico, each a sum equal to not more than \1/2\ of 1
percent thereof; and
``(B) to Guam, American Samoa, the Virgin Islands, and the
Commonwealth of the Northern Mariana Islands, each a sum equal
to not more than \1/6\ of 1 percent thereof.
``(3) The Secretary, after making the deduction under paragraph (1)
and the apportionment under paragraph (2), shall apportion the
remaining amount in the wildlife conservation and restoration account
for each year among the States in the following manner:
``(A) one-third of which is based on the ratio to which the
land area of such State bears to the total land area of all
such States; and
``(B) two-thirds of which is based on the ratio to which
the population of such State bears to the total population of
all such States.
``(4) The amounts apportioned under this paragraph shall be
adjusted equitably so that no such State shall be apportioned a sum
which is less than \1/2\ of 1 percent of the amount available for
apportionment under this paragraph for any fiscal year or more than 5
percent of such amount.
``(d) Wildlife Conservation and Restoration Program.--(1) Any
State, through its fish and wildlife department, may apply to the
Secretary for approval of a wildlife conservation and restoration
program or for funds to develop a program, which shall--
``(A) contain provision for vesting in the fish and
wildlife department of overall responsibility and
accountability for development and implementation of the
program; and
``(B) contain provision for development and implementation
of--
``(i) wildlife conservation projects which expand
and support existing wildlife programs to meet the
needs of a diverse array of wildlife species, including
a wildlife strategy as set forth in subsection (e),
``(ii) wildlife associated recreation programs,
including provisions for non-motorized public access to
public lands, and
``(iii) wildlife conservation projects; and
``(C) contain provisions for public participation in the
development, revision, and implementation of projects and
programs stipulated in subparagraph (B) of this subsection.
``(2) If the Secretary finds that an application for such program
contains the elements specified in subparagraphs (A), (B), and (C) of
paragraph (1), the Secretary shall approve such application and set
aside from the apportionment to the State made pursuant to section 4(c)
an amount that shall not exceed 90 percent of the estimated cost of
developing and implementing segments of the program for the first 5
fiscal years following enactment of this subsection and not to exceed
75 percent thereafter. Not more than 10 percent of the amounts
apportioned to each State from this subaccount for the State's wildlife
conservation and restoration program may be used for law enforcement.
Following approval, the Secretary may make payments on a project that
is a segment of the State's wildlife conservation and restoration
programs as the project progresses but 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. For purposes of this subsection, the term `State'
shall include the District of Columbia, the Commonwealth of Puerto
Rico, the United States Virgin Islands, Guam, America Samoa, and the
Commonwealth of the Northern Mariana Islands.
``(e) Wildlife Conservation Strategy.--Any state that receives an
apportionment pursuant to section 4(c) shall within five years of the
date of the initial apportionment develop and begin implementation of a
wildlife conservation strategy based upon the best scientific
information and data available that--
``(1) integrates available information on the distribution
and abundance of species of wildlife, including low population
and declining species as the State fish and wildlife department
deems appropriate, that exemplify and are indicative of the
diversity and health of wildlife of the State;
``(2) identifies the extent and condition of habitats and
community types essential to conservation of species identified
under paragraph (1);
``(3) identifies the problems which may adversely affect
the species identified under paragraph (1) or their habitats,
and provides for research to identify factors which may assist
in restoration and more effective conservation of such species
and their habitats;
``(4) determines those actions which should be taken to
conserve the species identified under paragraph (1) in their
habitats, and establishes priorities for implementing such
conservation actions;
``(5) provides for periodic monitoring of species
identified under paragraph (1) and their habitats and the
effectiveness of the conservation actions determined under
paragraph (4), and for adapting conservation actions as
appropriate to respond to new information or changing
conditions;
``(6) provides for the review of the State wildlife
conservation strategy and, if appropriate, revision at
intervals of not more than ten years;
``(7) provides for coordination by the State fish and
wildlife department, during the development, implementation,
review, and revision of the wildlife conservation strategy,
with Federal, State, and local agencies and Indian tribes that
manage significant areas of land or water within the State, or
administer programs that significantly affect the conservation of
species identified under paragraph (1) or their habitats.''.
SEC. 307. FACA.
Coordination with State fish and wildlife department 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
as defined in this title 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. 308. LAW ENFORCEMENT.
The third sentence of subsection (a) of section 8 of the Federal
Aid in Wildlife Restoration Act (16 U.S.C. 669g is amended by inserting
before the period at the end thereof: ``, except that not more than 5
percent of the funds available from this subaccount for a State
wildlife conservation and restoration program may be used for law
enforcement through existing State programs''.
SEC. 309 PROHIBITION AGAINST DIVERSION.
No designated State agency shall be eligible to receive
matching funds under this Act if sources of revenue available to it on
January 1, 1998, 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 Act 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 foregoing.
TITLE IV--ENDANGERED AND THREATENED SPECIES HABITAT PROTECTION
SEC. 401. ENDANGERED AND THREATENED SPECIES RECOVERY FUND.
(A) Definitions.--As used in this section--
(1) the term ``recovery agreements'' means Endangered and
Threatened Species Recovery Agreements entered into by the
Secretary under subsection (e); and
(2) the term ``Secretary'' means the Secretary of the
Interior.
(b) Establishment.--There is established in the Treasury of the
United States a fund that shall be known as the ``Endangered and
Threatened Species Recovery Fund'' (in this section referred to as the
``fund''). There shall deposit into the fund $50,000,000 in fiscal year
2001 and each fiscal year thereafter from qualified Outer Continental
Shelf revenues (as that term is defined in section 2(u) of the Outer
Continental Shelf Lands Act (43 U.S.C. 1331(u)) (as amended by the
Coastal Stewardship Act of 2000)). Such moneys shall be used only to
carry out the purposes of this section.
(c) Expenditures.--Of the amounts in the fund, $50,000,000 shall be
available each fiscal year to the Secretary of the Interior for
obligation or expenditure in accordance with this section. Such funds
shall be made available without further appropriation, subject to the
requirements of this section, and shall remain available until
expended.
(d) Financial Assistance.--(1) The Secretary of the Interior may
use amounts in the fund to provide financial assistance to any person
for the development of recovery agreements.
(2) In providing assistance under this section, the Secretary shall
give priority to the development and implementation of recovery
agreements that--
(A) 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));
(B) have the greatest potential for contributing to the
recovery of an endangered or threatened species; and
(C) to the extent practicable, require the assistance of
private landowners or the owners or operators of family farms.
(e) Prohibition of 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 the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.) or that is otherwise
required under the Act or any other Federal law.
(f) Endangered and Threatened Species Recovery Agreements.--The
Secretary is authorized to enter into Endangered and threatened Species
Recovery Agreements in accordance with this section. The purpose of
such recovery agreements shall be to provide voluntary incentives for
landowners to take actions to contribute to the recovery of endangered
or threatened species. Each recovery agreement shall--
(1) require the person--
(A) to carry out on real property owned or leased
by such person activities that are not otherwise
required by law and that contribute to the recovery of
an endangered or threatened species; and
(B) to refrain from carrying out on real property
owned or leased by such person otherwise lawful
activities that would inhibit the recovery of a
threatened or endangered species;
(2) describe the real property referred to in paragraph
(1);
(3) specify species recovery goals for the agreement and
measures for attaining such goals;
(4) establish a schedule for the implementation of the
recovery agreement; and
(5) specify how the recovery agreement will be monitored to
assess the effectiveness in attaining the species recovery
goals.
TITLE V--HISTORIC PRESERVATION FUND
SEC. 501. HISTORIC PRESERVATION FUND AMENDMENTS.
Section 108 of the National Preservation Act (16 U.S.C. 470h) is
amended--
(1) by inserting ``(a)'' before the first sentence of the
first paragraph;
(2) by inserting ``(b)'' before the first sentence of the
second paragraph;
(3) by adding at the end thereof the following new
subsections:
``(c) There shall be deposited into the fund $150,000,000 in fiscal
year 2001 and each fiscal year thereafter from qualified Outer
Continental Shelf revenues (as that term is defined in section 2(u) of
the Outer Continental Shelf Lands Act (43 U.S.C. 1331(u)) (as amended
by the Coastal Stewardship Act of 2000)). Such moneys shall be used
only to carry out the purposes of this Act.
``(d)(1) Of the amounts in the fund, $150,000,000 shall be
available each fiscal year for obligation or expenditure in accordance
with paragraph (2). Such funds shall be made available without further
appropriation, subject to the requirements of this Act, and shall
remain available until expended.
``(2) Of the amounts made available each fiscal year--
``(A) not less than $75,000,000 shall be available for
State, local governmental, and tribal historic preservation
programs as provided in subsections 101(b), (c), and (d) of
this Act; and
``(B) $15,000,000 shall be available to the American
Battlefield Protection Program (section 604 of Public Law 104-
333; 16 U.S.C. 469k) for the protection of threatened
battlefields; and
``(C) the remainder shall be available for the matching
grant programs authorized in section 101(e) of this Act:
Provided, That not less than 50 percent of the amounts made
available shall be used for preservation projects on historic
properties in accordance with this Act, with priority given to
the preservation of endangered historic properties.
``(e)(1) The President shall transmit, as part of the annual budget
proposal, a list of matching grant programs to be funded and additional
funding amounts, if any, for State, local governmental, and tribal
historic programs. Funds shall be made available from the Historic
Preservation Fund, without further appropriation, 15 days after the
date the Congress adjourns sien die each year, for the programs
identified by the President to be funded, unless prior to such date,
legislation is enacted establishing funding, for other specific
programs authorized in this Act.
``(2) If the list of programs approved by Congress funds less than
the annual authorized funding amount, the remainder shall be available
for expenditure, without further appropriation, in accordance with the
list of programs submitted by the President.
``(3) If the President recommends additional funding for State,
local government, or tribal historic preservation programs, priority
shall be given to the preservation of endangered historic
properties.''.
SEC. 502. AMERICAN BATTLEFIELD PROTECTION PROGRAM AMENDMENTS.
The American Battlefield Act of 1996 (section 604 of Public Law
1045-333; 16 U.S.C. 469k) is amended as follows:
(1) in subsection (c)(2) by adding the following sentence
at the end thereof: ``Priority for financial assistance for the
preservation of Civil War Battlefields shall be given to sites
identified as Priority 1 battlefields in the 1993 ``Civil War
Sites Advisory Commission Report on the Nation's Civil War
Battlefields'';
(2) by amending subsection (d) to read as follows:
``(d) Funding Authority.--Of amounts in the Historic Preservation
Fund, $15,000,000 shall be available each year for obligation or
expenditure for the protection of threatened battlefields in accordance
with this title. Such funds shall be available without further
appropriation, and shall remain available until expended.''.
(3) By repealing subsection (e) in its entirety.
TITLE VI--NATURAL RESOURCE RESTORATION PROGRAMS
SEC. 601. NATIONAL PARK SYSTEM RESOURCE PROTECTION.
(a) Establishment.--There is established in the Treasury of the
United States a fund that shall be known as the ``National Park System
Resource Protection Fund'' (in this title referred to as the ``fund'').
There shall be deposited into the fund $150,000,000 in fiscal year 2001
and each fiscal year thereafter from qualified Outer Continental Shelf
revenues (as that term is defined in section 2(u) of the Outer
Continental Shelf Lands Act (43 U.S.C. 1331(u)) (as amended by the
Coastal and Marine Resources Enhancement Act of 2000)). Such moneys
shall be used only to carry out the purposes of this section.
(b) Expenditures.--(1) Of the amounts in the fund, $150,000,000
shall be available each fiscal year to the Secretary of the Interior
for obligation or expenditure in accordance with this section. Such
funds shall be made available without further appropriation, subject to
the requirements of this section, and shall remain available until
expended.
(2) Amounts in the fund shall only be used to protect significant
natural, cultural or historical resources at units of the National park
System that are--
(A) threatened by activities occurring inside or outside
park boundaries; or
(B) in need of stabilization or restoration.
(3) The Secretary is authorized to enter into cooperative
agreements with State and local governments and other public and
private organizations to carry out the purposes of this section.
(4) No funds made available by this section shall be used for--
(A) acquisition of lands or interests therein;
(B) salaries of National Park Service permanent employees;
(C) construction of roads;
(D) construction of new visitor centers;
(E) routine maintenance activities; or
(F) specific projects which are funded by the Recreational
Fee Demonstration Program (section 315 of Public Law 104-134;
16 U.S.C. 460l (note)).
(5)(A) The Secretary of the Interior shall prepare, as part of the
annual budget proposal, a priority list for projects to be funded under
this section. Moneys shall be made available from the fund, without
further appropriation, 15 days after the date the Congress adjourns
sine die each year, for the projects identified on the priority list,
unless prior to such date, legislation is enacted establishing a
different priority list.
(B) In preparing the list of projects to be funded under this
section, the Secretary of the Interior shall give priority to projects
that--
(i) are identified in the park unit's general management
plan;
(ii) are included in authorized environmental restoration
projects; or
(iii) are identified by the Secretary of the Interior as
necessary to prevent immediate damage to a park unit's natural,
cultural, or historical resources.
(C) If Congress enacts legislation establishing an alternate
priority list, and such priority list funds less than the annual
authorized funding amount identified in subsection (b)(1), the
difference between the authorized funding amount and the alternate
priority list shall be available for expenditure, without further
appropriation, in accordance with the priority list submitted by the
Secretary of the Interior.
SEC. 602. CORAL REEF RESOURCE CONSERVATION FUND.
(a) Establishment of Fund.--There is established in the Treasury of
the United States a fund that shall be known as the ``Coral Reef
Resources Restoration Fund'' (in this section referred to as the
``fund''). There shall be deposited into the fund $15,000,000 in fiscal
year 2000 and each fiscal year thereafter from qualified Outer
Continental Shelf revenues (as that term is defined in section 2 of the
Outer Continental Shelf Lands Act (43 U.S.C. 1331) (as amended by the
Coastal and Marine Resources Enhancement Act of 1999)). Such moneys
shall be used only to carry out the purposes of this section.
(b) Expenditures.--(1) Of the amounts in this fund, $15,000,000
shall be available each fiscal year to the Secretary of the Interior
for obligation or expenditure in accordance with this section, and
shall remain available until expended.
(2)(A) the Secretary shall prepare, as part of the annual budget
proposal, a priority list for projects to be funded under this section.
Monies shall be made available from the fund, without further
appropriation, 15 days after the date the Congress adjourns sine die
for each year, for the projects identified on that priority list,
unless prior to such date, legislation is enacted establishing a
different priority list.
(B) If Congress enacts legislation establishing an alternate
priority list, and such priority list funds less than the annual
authorized funding amount identified in subsection (b)(1), the
difference between the authorized funding amount and the alternate
priority list shall be available for expenditure, without further
appropriation, in accordance with the priority list submitted by the
Secretary.
(c) Definitions.--As used in this section--
(1) the term ``coral reef'' means species (including reef
plants and coralline algae), habitats, and other natural
resources associated with any reefs or shoals composed
primarily of corals within all maritime areas and zones subject
to the jurisdiction of the Secretary of the Interior, including
in the south Atlantic, Caribbean, Gulf of Mexico, and pacific
Ocean;
(2) the term ``coral'' means species of the phylum
Cnidaria, including--
(A) all species of the orders Antipatharia (black
corals), Scleractinia (stony corals), Gorgonacea (horny
corals), Stlolnifea (organpipe corals and others),
Alcyanacea (soft corals), and Coenothecalia (blue
corals), of the class Anthozoa; and
(B) all species of the order Hydrocoralline (fire
corals and hydrocorals), of the class Hydroza;
(3) the term ``Secretary'' means the Secretary of the
Interior;
(4) the term ``coral reef conservation project'' means
activities that contribute to or result in preserving,
sustaining or enhancing coral reef ecosystems as healthy,
diverse and viable ecosystems, including--
(A) actions to enhance or improve resource
management of coral reefs, such as assessment,
scientific research, protection, restoration and
mapping;
(B) habitat monitoring and species surveys and
monitoring;
(C) activities necessary for planning and
development of strategies for coral reef management;
(D) community outreach and education on coral reef
importance and conservation; and
(E) activities in support of the enforcement of
laws relating to coral reefs; and
(5) the term ``coral reef task force'' means the task force
established under Executive Order 13089 (June 11, 1998).
(d) Coral Reef Conservation Program.--(1) The Secretary shall
provide grants of financial assistance for coral reef conservation
projects on areas under the jurisdiction of the Department of the
Interior in accordance with this section.
(2)(A) Except as provided in subparagraph (B), Federal funds for
any coral reef conservation project under this section may not exceed
75 percent of the total cost of such project. For purposes of this
paragraph, the non-Federal share of project costs may be provided in
in-kind contributions or other non-cash support.
(B) The Secretary may waive all or part of the matching fund
requirement under paragraph (A) if the project costs are $25,000 or
less.
(3) Any relevant natural resource management authority of a Sate or
territory of the United States, or other government authority with
jurisdiction over coral reefs or whose activities affect coral reefs,
or educational or non-governmental institutions or organizations with
demonstrated expertise in marine science or the conservation of coral
reefs, may submit a proposal for funding to the Secretary.
(4) The Secretary shall ensure that financial assistance provided
under subsection (a) is distributed so that--
(A) not less than 40 percent of the funds available are
awarded for conservation projects in the Pacific Ocean;
(B) not less than 40 percent of the funds are awarded for
coral reef restoration and conservation projects in the
Atlantic, Gulf of Mexico and Caribbean Sea; and
(C) remaining funds are awarded for coral reef project that
address emerging priorities or threats identified by the
Secretary in consultation with the Coral Reef Task Force.
(5) After consultation with the Coral Reef Task Force, States and
territories, regional and local entities, and non-governmental
organizations involved in coral and marine conservation, the Secretary
shall identify--
(A) site-specific threats and constraints, and
(B) comprehensive threats known to affect coral reef
ecosystems in the national parks, refuges, territories and
possessions to be used in establishing funding priorities for
grants issued under subsection (a).
(6) The Secretary shall review and rank final coral reef
conservation project proposals according to the criteria set out in
subsection (d)(7).
(A) For projects costing $25,000 or greater, the Secretary
shall provide for the merit-based peer review of the proposal
and require standardized documentation of that peer review;
(B) As part of the peer review process for individual
grants, the Secretary shall also request written comments from
the appropriate bureaus or departments of State or territorial
governments, or other governmental jurisdiction, where the
project is proposed to be conducted.
(7) The Secretary shall evaluate final project proposals based on
the degree to which the project will--
(A) promote the long-term protection, conservation,
restoration or enhancement of coral reef ecosystems within or
adjoining areas under the jurisdiction of the Department of the
Interior;
(B) promote cooperative conservation projects with local
communities, non-governmental organizations, educational or
private institutions; or local affected governments,
territories or insular areas;
(C) enhance public knowledge and awareness of coral reef
resources and sustainable use through education and outreach;
(D) develop sound scientific information on the condition
of coral reef ecosystems or the threats to such ecosystems,
through mapping, monitoring, research and analysis; and
(E) enhance compliance with laws relating to coral reefs.
(8) Within 180 days after the enactment of this Act, the Secretary
shall promulgate guidelines and requirements for implementing this
section, including the requirements for project proposals.
(A) In developing guidelines and requirements, the
Secretary shall consult with the Coral Reef Task Force,
interested States, regional and local entities, and non-
governmental organizations.
TITLE VII--URBAN PARK AND FORESTRY PROGRAMS
SEC. 701. URBAN PARK AND RECREATION RECOVERY FUND.
Section 1013 of the Urban Park and Recreation Recovery Act of 1978
(title X of Public Law 95-625; 16 U.S.C. 2512) is amended to read as
follows:
``(a) There is established in the Treasury of the United States a
fund that shall be known as the `Urban Park and Recreation Recovery
Fund' (referred to as the `fund'). There shall deposited into the fund
$75,000,000 in fiscal year 2001 and each fiscal year thereafter from
qualified Outer Continental Shelf revenues (as that term is defined in
section 2(u) of the Outer Continental Shelf Lands Act (43 U.S.C.
1331(u)) (as amended by the Coastal Stewardship Act of 2000)). Such
moneys shall be used only to carry out the purposes of this Act.
``(b)(1) Of the amounts in the fund, $75,000,000 shall be available
each fiscal year for obligation or expenditure in accordance with this
Act. Such funds shall be made available without further appropriation,
subject to the requirements of this Act, and shall remain available
until expended.
``(2) Not more than 3 percent of the funds made available in any
fiscal year may be used for grants for the development of local park
and recreation recovery programs pursuant to subsection 1007(a) and (c)
of this Act.
``(3) Not more than 10 percent of the funds made available in any
fiscal year may be used for innovation grants pursuant to section 1006
of this act.
``(4) Note more than 15 percent of the funds made available in any
fiscal year may be provided as grants, in the aggregate, for projects
in any one State.''.
SEC. 702. URBAN AND COMMUNITY FORESTRY ASSISTANCE FUND.
Section 9(i) of the Cooperative Forestry Assistance Act of 1978
(Public Law 95-313; 16 U.S.C. 2101(note)) is amended to read as
follows:
``(a) There is established in the Treasury of the United States a
fund that shall be known as the `Urban and Community Forestry
Assistance Fund' (referred to as the `fund'). There shall be deposited
into the fund $50,000,000 in fiscal year 2001 and each fiscal year
thereafter from qualified Outer Continental Shelf revenues (as that
term is defined in section 2(u) of the Outer Continental Shelf Lands
Act (43 U.S.C. 1331(u)) (as amended by the Coastal Stewardship Act of
2000)). Such moneys shall be used only to carry out the purposes of
this Act.
``(b) Of the amounts in the fund, $50,000,000 shall be available
each fiscal year for obligation or expenditure in accordance with this
Act. Such funds shall be made available without further appropriation,
subject to the requirements of this Act, and shall remain available
until expended.''.
TITLE VIII--CONSERVATION EASEMENTS
SEC. 801. FOREST LEGACY FUND.
Section 7(l) of the Cooperative Forestry Assistance Act of 1978
(Public Law 95-313; 16 U.S.C. 2101 (note)) is amended to read as
follows:
``(a) There is established in the Treasury of the United States a
fund that shall be known as the `Forest Legacy Fund' (referred to as
the `fund'). There shall be deposited into the fund $50,000,000 in
fiscal year 2001 and each fiscal year thereafter from qualified Outer
Continental Shelf revenues (as that term is defined in section 2(u) of
the Outer Continental Shelf Lands Act (43 U.S.C. 1331(u)) (as amended
by the Coastal Stewardship Act of 2000)). Such moneys shall be used
only to carry out the purposes of this Act.
``(b) Of the amounts in the fund, $50,000,000 shall be available
each fiscal year to the Secretary of Agriculture for obligation or
expenditure in accordance with this Act. Such funds shall be made
available without further appropriation, subject to the requirements of
this Act, and shall remain available until expended.''.
SEC. 802. FARMLAND PROTECTION PROGRAM.
Section 388(c) of Public Law 104-127 (16 U.S.C. 3831 (note)) is
amended to read as follows:
``(a) There is established in the Treasury of the United States a
fund that shall be known as the `Farmland Protection Fund' (referred to
as the `fund'). There shall be deposited into the fund $50,000,000 in
fiscal year 2001 and each fiscal year thereafter from qualified Outer
Continental Shelf revenues (as that term is defined in section 2(u) of
the Outer Continental Shelf Lands Act (43 U.S.C. 1331(u)) (as amended
by the Coastal Stewardship Act of 2000)). Such moneys shall be used
only to carry out the purposes of this Act.
``(b) Of the amounts in the fund, $50,000,000 shall be available
each fiscal year to the Secretary of Agriculture for obligation or
expenditure in accordance with this Act. Such funds shall be made
available without further appropriation, subject to the requirements of
this Act, and shall remain available until expended.''.
SEC. 803. RANCHLAND PROTECTION.
(a) Establishment of Ranchland Protection Fund.--There is
established in the Treasury of the United States a fund that shall be
known as the ``Ranchland Protection Fund'' (in this section referred to
as the ``fund''). There shall be deposited into the fund $50,000,000 in
fiscal year 2001 and each fiscal year thereafter from qualified Outer
Continental Shelf revenues (as that term is defined in section 2(u) of
the Outer Continental Shelf Lands Act (43 U.S.C. 1331(u)) (as amended
by the Coastal Stewardship Act of 2000)). Such moneys shall be used
only to carry out the purposes of this section.
(b) Expenditures.--Of the amounts in the fund, $50,000,000 shall be
available each fiscal year to the Secretary of the Interior for
obligation or expenditure in accordance with this section. Such funds
shall be made available without further appropriation, subject to the
requirements of this section, and shall remain available until
expended.
(c) Ranchland Protection Program.--(1) The Secretary of the
Interior shall establish and carry out a program, to be known as the
``Ranchland Protection Program'', under which the Secretary shall
provide grants from the Ranchland Protection Fund to State or local
governmental agencies, Indian tribes or appropriate non-profit
organizations to provide the Federal share of the cost of purchasing
permanent conservation easements on ranchland, for the purpose of
protecting the continued use of the land as ranchland or open space and
preventing its conversion to non-agricultural or open space uses.
(2) No funds made available under this section may be used to
acquire any interest in land without the consent of the owner thereof.
(3) The holder of a conservation easement described in paragraph
(1) may enforce the conservation requirements of the easement.
(4) Prior to making funds available for a grant under this section,
the Secretary of the Interior shall receive certification from the
Attorney General of the State in which the conservation easement is to
be purchased that the conservation easement is in a form that is
sufficient, under the laws of that State, to achieve the purpose of the
Ranchland Protection Program and the terms and conditions of the grant.
(5) For the purposes of this section, the term ``ranch land'' means
private or tribally owned range land, pasture land, grazed forest land,
and hay land.
TITLE IX--NATURAL RESOURCE COMMUNITY INVESTMENT PROGRAMS
SEC. 901. YOUTH CONSERVATION CORPS FUND.
Section 106 of the Youth Conservation Corps Act of 1970 (Public Law
91-378; 16 U.S.C. 1706) is amended to read as follows:
``(a) There is established in the Treasury of the United States a
fund that shall be known as the `Youth Conservation Corps Fund' (in
this section referred to as the `fund'). There shall be deposited into
the fund $60,000,000 in fiscal year 2001 and each fiscal year
thereafter from qualified Outer Continental Shelf revenues (as that
term is defined in section 2(u) of the Outer Continental Shelf Lands
Act (43 U.S.C. 1331(u)) (as amended by the Coastal Stewardship Act of
2000)). Such moneys shall be used only to carry out the purposes of
title I and II of this Act.
``(b) Of the amounts in the fund, $60,000,000 shall be available
each fiscal year for obligation or expenditure in accordance with
titles I and II of this Act. Such funds shall be made available to the
Secretary of Agriculture and the Secretary of the Interior, without
further appropriation, subject to the requirements of titles I and II
of this Act, and shall remain available until expended.''.
SEC. 902. FOREST SERVICE RURAL COMMUNITY ASSISTANCE.
(a) Rural Development Program.--The Cooperative Forestry Assistance
Act of 1978 (Public Law 95-313; 16 U.S.C. 2101 (note)) is amended by
adding the following new section:
``SEC. 21. RURAL DEVELOPMENT.
``(a) The Secretary shall conduct a Rural Development program to
provide technical assistance to rural communities for sustainable rural
development purposes.
``(b) There is established in the Treasury of the United States a
fund that shall be known as the `Forest Service Rural Development Fund'
(in this section referred to as the `fund'). There shall be deposited
into the fund $25,000,000 in fiscal year 2001 and each fiscal year
thereafter from qualified Outer Continental Shelf revenues (as that
term is defined in section 2(u) of the Outer Continental Shelf Lands
Act (43 U.S.C. 1331(u)) (as amended by the Coastal Stewardship Act of
2000)). Such moneys shall be used only to carry out the purposes of
this Act.
``(c) Of the amounts in the fund, $25,000,000 shall be available
each fiscal year to the Secretary of Agriculture for obligation or
expenditure in accordance with this Act. Such funds shall be made
available without further appropriation, subject to the requirements of
this section, and shall remain available until expended.''.
(b) Rural Community Assistance.--Section 2379 of the National
Forest-Dependent Rural Communities Economic Diversification Act (Public
Law 101-624, 7 U.S.C. 6601 (note)) is amended to read as follows:
``(a) There is established in the Treasury of the United States a
fund that shall be known as the `Forest Service Rural Community
Assistance Fund' (in this section referred to as the `fund'). There
shall be deposited into the fund $25,000,000 in fiscal year 2001 and
each fiscal year thereafter from qualified Outer Continental Shelf
revenues (as that term is defined in section 2(u) of the Outer
Continental Shelf Lands Act (43 U.S.C. 1331(u)) (as amended by the
Coastal Stewardship Act of 2000)). Such moneys shall be used only to
carry out the purposes of this Act.
``(b) Of the amounts in the fund, $25,000,000 shall be available
each fiscal year for obligation or expenditure in accordance with this
Act. Such funds shall be made available without further appropriation,
subject to the requirements of this Act, and shall remain available
until expended.''.
TITLE X--PAYMENT IN LIEU OF TAXES
SEC. 1001. PAYMENT IN LIEU OF TAXES.
Section 6906 of title 31, United States Code, (96 Stat. 1035) is
amended to read as follows:
``(a) There is established in the Treasury of the United States a
fund that shall be known as the `Payment in Lieu of Taxes Fund'
(referred to as the `fund'). There shall be deposited into the fund in
fiscal year 2001 and thereafter from qualified Outer Continental Shelf
revenues (as that term is defined in section 2(u) of the Outer
Continental Shelf Lands Act (43 U.S.C. 1331(u)) (as amended by the
Coastal Stewardship Act of 2000)) such moneys as are necessary to full
fund payments to units of general local governments as provided in this
Act.
``(b) Amounts in the fund shall be available each fiscal year to
the Secretary of the Interior for obligation or expenditure in
accordance with this Act. Such funds shall be made available without
further appropriations, and shall remain available until expended.''.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S1173-1177)
Read twice and referred to the Committee on Energy and Natural Resources. (text of measure as introduced: CR S1177-1184)
Committee on Environment and Public Works. Hearings held. Hearings printed: S.Hrg. 106-935.
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