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