Home > 106th Congressional Bills > H.R. 701 (ih) To provide Outer Continental Shelf Impact Assistance to State and local [Introduced in House] ...

H.R. 701 (ih) To provide Outer Continental Shelf Impact Assistance to State and local [Introduced in House] ...


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106th CONGRESS

  2d Session

                               H. R. 701

_______________________________________________________________________

                                 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.
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
106th CONGRESS
  2d Session
                                H. R. 701

_______________________________________________________________________

                                 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).

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