To provide a conservatin royalty from Outer Continental Shelf revenues to establish the Coastal Impact Assistance Program, to provide assistance to States under the Land and Water Conservation Fund Act of 1965, to ensure adequate funding for conserving and restoring wildlife, to assist local governments in improving local park and recreation systems, and for other purposes.

June 24, 2004

Mr. ALEXANDER (for himself and Ms. LANDRIEU) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources

To provide a conservation royalty from Outer Continental Shelf revenues to establish the Coastal Impact Assistance Program, to provide assistance to States under the Land and Water Conservation Fund Act of 1965, to ensure adequate funding for conserving and restoring wildlife, to assist local governments in improving local park and recreation systems, 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; TABLE OF CONTENTS.

(a) SHORT TITLE- This Act may be cited as the `Americans Outdoors Act of 2004'.

(b) TABLE OF CONTENTS- The table of contents of this Act is as follows:

Sec. 1. Short title; table of contents.

TITLE I--DISPOSITION OF OUTER CONTINENTAL SHELF REVENUES

Sec. 101. Disposition.

TITLE II--COASTAL IMPACT ASSISTANCE

Sec. 201. Coastal Impact Assistance Program.

TITLE III--LAND AND WATER CONSERVATION FUND

Sec. 301. Apportionment of amounts available for State purposes.

Sec. 302. State planning.

Sec. 303. Assistance to States for other projects.

Sec. 304. Conversion of property to other use.

Sec. 305. Water rights.

TITLE IV--CONSERVATION AND RESTORATION OF WILDLIFE

Sec. 401. Purposes.

Sec. 402. Definitions.

Sec. 403. Wildlife Conservation and Restoration Account.

Sec. 404. Apportionment to Indian tribes.

Sec. 405. No effect on prior appropriations.

TITLE V--URBAN PARK AND RECREATION RECOVERY PROGRAM

Sec. 501. Expansion of purpose of Urban Park and Recreation Recovery Act of 1978 to include development of new areas and facilities.

Sec. 502. Definitions.

Sec. 503. Eligibility.

Sec. 504. Grants.

Sec. 505. Recovery action programs.

Sec. 506. State action incentives.

Sec. 507. Conversion of recreation property.

Sec. 508. Treatment of transferred amounts.

Sec. 509. Repeal.

TITLE I--DISPOSITION OF OUTER CONTINENTAL SHELF REVENUES

SEC. 101. DISPOSITION.

Section 9 of the Outer Continental Shelf Lands Act (43 U.S.C. 1338) is amended to read as follows:

`SEC. 9. DISPOSITION OF REVENUES.

`(a) IN GENERAL- For each of fiscal years 2005 through 2010, the Secretary of the Treasury shall deposit in the Treasury of the United States all qualified outer continental shelf revenues (as defined in section 31(a)).

`(b) TRANSFER FOR CONSERVATION ROYALTY EXPENDITURES- For each of fiscal years 2005 through 2010, from amounts deposited for the preceding fiscal year under subsection (a), the Secretary of the Treasury shall transfer--

`(1) to the Secretary to make payments under section 31, $500,000,000;

`(2) to the Land and Water Conservation Fund to provide financial assistance to States under section 6 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-8), $450,000,000;

`(3) to the Federal aid to wildlife restoration fund established under section 3 of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669b) for deposit in the Wildlife Conservation and Restoration Account, $350,000,000; and

`(4) to the Secretary to carry out the Urban Park and Recreation Recovery Act of 1978 (16 U.S.C. 2501 et seq.), $125,000,000. '.

TITLE II--COASTAL IMPACT ASSISTANCE

SEC. 201. COASTAL IMPACT ASSISTANCE PROGRAM.

Section 31 of the Outer Continental Shelf Lands Act (43 U.S.C. 1356a) is amended to read as follows:

`SEC. 31. COASTAL IMPACT ASSISTANCE PROGRAM.

`(a) DEFINITIONS- In this section:

`(1) COASTAL POLITICAL SUBDIVISION- The term `coastal political subdivision' means a political subdivision of a coastal State any part of which political subdivision is--

`(A) within the coastal zone (as defined in section 304 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1453)) of the coastal State; and

`(B) not more than 200 miles from the geographic center of any leased tract.

`(2) COASTAL POPULATION- The term `coastal population' means the population, as determined by the most recent official data of the Census Bureau, of each political subdivision any part of which lies within the designated coastal boundary of a State (as defined in a State's coastal zone management program under the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.)).

`(3) COASTAL STATE- The term `coastal State' has the meaning given the term in section 304 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1453).

`(4) COASTLINE- The term `coastline' has the meaning given the term `coast line' in section 2 of the Submerged Lands Act (43 U.S.C. 1301).

`(5) DISTANCE- The term `distance' means the minimum great circle distance, measured in statute miles.

`(6) LEASED TRACT- The term `leased tract' means a tract that is subject to a lease under section 6 or 8 for the purpose of drilling for, developing, and producing oil or natural gas resources.

`(7) POLITICAL SUBDIVISION- The term `political subdivision' means the local political jurisdiction immediately below the level of State government, including counties, parishes, and boroughs.

`(8) PRODUCING STATE-

`(A) IN GENERAL- The term `producing State' means a coastal State with a coastal seaward boundary within 200 miles from the geographic center of a leased tract.

`(B) EXCLUSION- The term `producing State' does not include a leased tract or portion of a leased tract that is located in a geographic area subject to a leasing moratorium on January 1, 2002, unless the lease was in production on that date.

`(9) QUALIFIED OUTER CONTINENTAL SHELF REVENUES-

`(A) IN GENERAL- The term `qualified Outer Continental Shelf revenues' means all amounts received by the United States after January 1, 2003, from each leased tract or portion of a leased tract--

`(i) lying--

`(I) seaward of the zone covered by section 8(g); or

`(II) within that zone, but to which section 8(g) does not apply; and

`(ii) the geographic center of which lies within a distance of 200 miles from any part of the coastline of any coastal State.

`(B) INCLUSIONS- The term `qualified Outer Continental Shelf revenues' includes 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 under this Act.

`(C) EXCLUSION- The term `qualified Outer Continental Shelf revenues' 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, 2002, unless the lease was in production on that date.

`(10) TRANSFERRED AMOUNT- The term `transferred amount' means the amount transferred to the Secretary under section 9 to make payments to producing States and coastal political subdivisions under this section for a fiscal year.

`(b) PAYMENTS TO PRODUCING STATES AND COASTAL POLITICAL SUBDIVISIONS-

`(1) IN GENERAL- For each of fiscal years 2005 through 2010, the transferred amount shall be allocated by the Secretary among producing States and coastal political subdivisions in accordance with this section.

`(2) DISBURSEMENT- In each fiscal year, the Secretary shall, without further appropriation, disburse to each producing State for which the Secretary has approved a plan under subsection (c), and to coastal political subdivisions under paragraph (4), such funds as are allocated to the producing State or coastal political subdivision, respectively, under this section for the fiscal year.

`(3) ALLOCATION AMONG PRODUCING STATES-

`(A) IN GENERAL- Except as provided in subparagraph (B), the transferred amount shall be allocated to each producing State in the proportion that, for the preceding 5-year period--

`(i) the amount of qualified outer Continental Shelf revenues generated off the coastline of the producing State; bears to

`(ii) the amount of qualified outer Continental Shelf revenues generated off the coastline of all producing States.

`(B) MULTIPLE PRODUCING STATES- In a case in which more than 1 producing State is located within 200 miles of any portion of a leased tract, the amount allocated to each producing State for the leased tract shall be inversely proportional to the distance between--

`(i) the nearest point on the coastline of the producing State; and

`(ii) the geographic center of the leased tract.

`(4) PAYMENTS TO COASTAL POLITICAL SUBDIVISIONS-

`(A) IN GENERAL- The Secretary shall pay 35 percent of the amount allocated under paragraph (3) to the coastal political subdivisions in the producing State.

`(B) FORMULA- Of the amount paid by the Secretary to coastal political subdivisions under subparagraph (A)--

`(i) 25 percent shall be allocated to each coastal political subdivision in the proportion that--

`(I) the coastal population of the coastal political subdivision; bears to

`(II) the coastal population of all coastal political subdivisions in the producing State;

`(ii) 25 percent shall be allocated to each coastal political subdivision in the proportion that--

`(I) the number of miles of coastline of the coastal political subdivision; bears to

`(II) the number of miles of coastline of all coastal political subdivisions in the producing State; and

`(iii) 50 percent shall be allocated in amounts that are inversely proportional to the respective distances between the points in each coastal political subdivision that are closest to the geographic center of each leased tract, as determined by the Secretary.

`(C) EXCEPTION FOR THE STATE OF LOUISIANA- For the purposes of subparagraph (B)(ii), the coastline for coastal political subdivisions in the State of Louisiana without a coastline shall be the average length of the

coastline of all other coastal political subdivisions in the State of Louisiana.

`(D) EXCEPTION FOR THE STATE OF ALASKA- For the purposes of carrying out subparagraph (B)(iii) in the State of Alaska, the amounts allocated shall be divided equally among the 2 coastal political subdivisions that are closest to the geographic center of a leased tract.

`(E) EXCLUSION OF CERTAIN LEASED TRACTS- For purposes of subparagraph (B)(iii), a leased tract or portion of a leased tract shall be excluded if the tract or portion of a leased tract is located in a geographic area subject to a leasing moratorium on January 1, 2002, unless the lease was in production on that date.

`(5) NO APPROVED PLAN-

`(A) IN GENERAL- Subject to subparagraph (B) and except as provided in subparagraph (C), in a case in which any amount allocated to a producing State or coastal political subdivision under paragraph (3) or (4) is not disbursed because the producing State does not have in effect a plan that has been approved by the Secretary under subsection (c), the Secretary shall allocate the undisbursed amount equally among all other producing States.

`(B) RETENTION OF ALLOCATION- The Secretary shall hold in escrow an undisbursed amount described in subparagraph (A) until such date as the final appeal regarding the disapproval of a plan submitted under subsection (c) is decided.

`(C) WAIVER- The Secretary may waive subparagraph (A) with respect to an allocated share of a producing State and hold the allocable share in escrow if the Secretary determines that the producing State is making a good faith effort to develop and submit, or update, a plan in accordance with subsection (c).

`(c) Coastal Impact Assistance Plan-

`(1) SUBMISSION OF STATE PLANS-

`(A) IN GENERAL- Not later than July 1, 2005, the Governor of a producing State shall submit to the Secretary a coastal impact assistance plan.

`(B) PUBLIC PARTICIPATION- In carrying out subparagraph (A), the Governor shall solicit local input and provide for public participation in the development of the plan.

`(2) APPROVAL-

`(A) IN GENERAL- The Secretary shall approve a plan of a producing State submitted under paragraph (1) before disbursing any amount to the producing State, or to a coastal political subdivision located in the producing State, under this section.

`(B) COMPONENTS- The Secretary shall approve a plan submitted under paragraph (1) if--

`(i) the Secretary determines that the plan is consistent with the uses described in subsection (d); and

`(ii) the plan contains--

`(I) the name of the State agency that will have the authority to represent and act on behalf of the producing State in dealing with the Secretary for purposes of this section;

`(II) a program for the implementation of the plan that describes how the amounts provided under this section to the producing State will be used;

`(III) for each coastal political subdivision that receives an amount under this section--

`(aa) the name of a contact person; and

`(bb) a description of how the coastal political subdivision will use amounts provided under this section;

`(IV) a certification by the Governor that ample opportunity has been provided for public participation in the development and revision of the plan; and

`(V) a description of measures that will be taken to determine the availability of assistance from other relevant Federal resources and programs.

`(3) AMENDMENT- Any amendment to a plan submitted under paragraph (1) shall be--

`(A) developed in accordance with this subsection; and

`(B) submitted to the Secretary for approval or disapproval under paragraph (4).

`(4) PROCEDURE-

`(A) IN GENERAL- Except as provided in subparagraph (B), not later than 90 days after the date on which a plan or amendment to a plan is submitted under paragraph (1) or (3), the Secretary shall approve or disapprove the plan or amendment.

`(B) EXCEPTION- For fiscal year 2005, the Secretary shall approve or disapprove a plan submitted under paragraph (1) not later than December 31, 2005.

`(d) AUTHORIZED USES-

`(1) IN GENERAL- A producing State or coastal political subdivision shall use all amounts received under this section, including any amount deposited in a trust fund that is administered by the State or coastal political subdivision and dedicated to uses consistent with this section, in accordance with all applicable Federal and State law, only for 1 or more of the following purposes:

`(A) Projects and activities for the conservation, protection, or restoration of coastal areas, including wetland.

`(B) Mitigation of damage to fish, wildlife, or natural resources.

`(C) Planning assistance and the administrative costs of complying with this section.

`(D) Implementation of a federally-approved marine, coastal, or comprehensive conservation management plan.

`(E) Mitigation of the impact of outer Continental Shelf activities through funding of onshore infrastructure projects and public service needs.

`(2) COMPLIANCE WITH AUTHORIZED USES- If the Secretary determines that any expenditure made by a producing State or coastal political subdivision is not consistent with this subsection, the Secretary shall not disburse any additional amount under this section to the producing State or the coastal political subdivision until such time as all amounts obligated for unauthorized uses have been repaid or reobligated for authorized uses.'.

TITLE III--LAND AND WATER CONSERVATION FUND

SEC. 301. APPORTIONMENT OF AMOUNTS AVAILABLE FOR STATE PURPOSES.

Section 6 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-8) is amended--

(1) in the second sentence of subsection (a), by inserting `(including facility rehabilitation, but excluding facility maintenance)' after `(3) development'; and

(2) by striking subsection (b) and inserting the following:

`(b) APPORTIONMENT AMONG THE STATES-

`(1) DEFINITION OF STATE-

`(A) IN GENERAL- Except as provided in subparagraph (B), in this subsection, the term `State' means--

`(i) each of the States of the United States;

`(ii) the District of Columbia;

`(iii) the Commonwealth of Puerto Rico;

`(iv) the Commonwealth of the Northern Mariana Islands;

`(v) the United States Virgin Islands;

`(vi) Guam; and

`(vii) American Samoa.

`(B) LIMITATION- For the purposes of paragraph (3), the States referred to in clauses (iii) through (vii) of subparagraph (A)--

`(i) shall be treated collectively as 1 State; and

`(ii) shall each receive an apportionment under that paragraph based on the ratio that--

`(I) the population of the State; bears to

`(II) the population of all the States referred to in clauses (iii) through (vii) of subparagraph (A).

`(2) DEDUCTION FOR ADMINISTRATIVE EXPENSES- For each fiscal year, the Secretary may deduct, for payment of administrative expenses incurred by the Secretary in carrying out this section, not more than 1 percent of the amounts made available for financial assistance to States for the fiscal year under this Act.

`(3) APPORTIONMENT-

`(A) IN GENERAL- Not later than 60 days after the end of the fiscal year, the Secretary shall apportion among the States the amounts remaining after making the deduction under paragraph (2).

`(B) FORMULA- Subject to paragraph (5), of the amounts described in subparagraph (A) for each fiscal year--

`(i) 60 percent shall be apportioned equally among the States; and

`(ii) 40 percent shall be apportioned among the States based on the ratio that--

`(I) the population of each State (as reported in the most recent decennial census); bears to

`(II) the population of all of the States (as reported in the most recent decennial census).

`(4) LIMITATION- For any fiscal year, the total apportionment to any 1 State under paragraph (3) shall not exceed 10 percent of the total amount apportioned to all States for the fiscal year.

`(5) STATE NOTIFICATION- The Secretary shall notify each State of the amount apportioned to the State under paragraph (3).

`(6) USE OF FUNDS-

`(A) IN GENERAL- Amounts apportioned to a State under paragraph (3) may be used for planning, acquisition, or development projects in accordance with this Act.

`(B) LIMITATION- Amounts apportioned to a State under paragraph (3) shall not be used for condemnation of land.

`(7) REAPPORTIONMENT-

`(A) IN GENERAL- Any portion of an apportionment to a State under this subsection that has not been paid or obligated by the Secretary by the end of the second fiscal year that begins after the date on which notification is provided to the State under paragraph (5) shall be reapportioned by the Secretary in accordance with paragraph (3).

`(B) LIMITATION- A reapportionment under this paragraph shall be made without regard to the limitation described in paragraph (4).

`(8) APPORTIONMENT TO INDIAN TRIBES-

`(A) DEFINITION- In this paragraph, the term `Indian tribe'--

`(i) in the case of the State of Alaska, means a Native corporation (as defined in

section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602)); and

`(ii) in the case of any other State, has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b).

`(B) APPORTIONMENT- For the purposes of paragraph (3), each Indian tribe shall be eligible to receive a share of the amount available under paragraph (3) in accordance with a competitive grant program established by the Secretary.

`(C) TOTAL APPORTIONMENT- The total apportionment available to Indian tribes under subparagraph (B) shall be equal to the amount available to a single State under paragraph (3).

`(D) AMOUNT OF GRANT- For any fiscal year, the grant to any 1 Indian tribe under this paragraph shall not exceed 10 percent of the total amount made available to Indian tribes under paragraph (3).

`(E) USE OF FUNDS- Funds received by an Indian tribe under this paragraph may be used for the purposes specified in paragraphs (1) and (3) of subsection (a).

`(9) LOCAL ALLOCATION- Unless the State demonstrates on an annual basis to the satisfaction of the Secretary that there is a compelling reason not to provide grants under this paragraph, each State (other than the District of Columbia) shall make available, as grants to political subdivisions of the State, not less than 25 percent of the annual State apportionment under this subsection, or an equivalent amount made available from other sources.'.

SEC. 302. STATE PLANNING.

(a) IN GENERAL- Section 6 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-8) is amended by striking subsection (d) and inserting the following:

`(d) SELECTION CRITERIA; STATE ACTION AGENDA-

`(1) SELECTION CRITERIA- Each State may develop priorities and criteria for selection of outdoor conservation and recreation acquisition and development projects eligible for grants under this Act, if--

`(A) the priorities and criteria developed by the State are consistent with this Act;

`(B) the State provides for public participation in the development of the priorities and criteria; and

`(C) the State develops a State action agenda (referred to in this section as a `State action agenda') that includes the priorities and criteria established under this paragraph.

`(2) STATE ACTION AGENDA-

`(A) IN GENERAL- Not later than 5 years after the date of enactment of this subparagraph, the State, in partnership with political subdivisions of the State and Federal agencies and in consultation with the public, shall develop a State action agenda.

`(B) REQUIRED ELEMENTS- A State action agenda shall--

`(i) include strategies to address broad-based and long-term needs while focusing on actions that can be funded during the 5-year period covered by the State action agenda;

`(ii) take into account all providers of conservation and recreation land in each State, including Federal, regional, and local government resources;

`(iii) include the name of the State agency that will have authority to represent and act for the State in dealing with the Secretary for the purposes of this Act;

`(iv) describe the priorities and criteria for selection of outdoor recreation and conservation acquisition and development projects; and

`(v) include a certification by the Governor of the State that ample opportunity for public participation has been provided in the development of the State action agenda.

`(C) UPDATE- Each State action agenda shall be updated at least once every 5 years.

`(D) CERTIFICATION- The Governor shall certify that the public has participated in the development of the State action agenda.

`(E) COORDINATION WITH OTHER PLANS-

`(i) IN GENERAL- The State action agenda shall be coordinated, to the maximum extent practicable, with other State, regional, and local plans for parks, recreation, open space, fish and wildlife, and wetland and other habitat conservation.

`(ii) RECOVERY ACTION PROGRAMS-

`(I) IN GENERAL- The State shall use recovery action programs developed by urban local governments under section 1007 of the Urban Park and Recreation Recovery Act of 1978 (16 U.S.C. 2506) as a guide to the conclusions, priorities, and action schedules contained in the State action agenda.

`(II) REQUIREMENTS FOR LOCAL PLANNING- To minimize the redundancy of local outdoor conservation and recreation efforts, each State shall provide that, to the maximum extent practicable, the findings, priorities, and implementation schedules of recovery action programs may be used to meet requirements for local outdoor conservation and recreation planning that are conditions for grants under the State action agenda.

`(F) COMPREHENSIVE STATEWIDE OUTDOOR RECREATION PLAN- A comprehensive statewide outdoor recreation plan developed by a State before the date that is 5 years after the date of enactment of this subparagraph shall remain in effect in the State until a State action agenda is adopted under this paragraph, but not later than 5 years after the date of enactment of that Act.'.

(b) CONFORMING AMENDMENTS-

(1) Section 6(e) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-8(e)) is amended--

(A) in the matter preceding paragraph (1), by inserting `or State action agenda' after `State comprehensive plan'; and

(B) in paragraph (1), by inserting `or State action agenda' after `comprehensive plan'.

(2) Section 32(e) of the Bankhead-Jones Farm Tenant Act (7 U.S.C. 1011(e)) is amended in the last proviso of the first paragraph by striking `existing comprehensive statewide outdoor recreation plan found adequate for purposes of the Land and Water Conservation Fund Act of 1965 (78 Stat. 897)' and inserting `comprehensive statewide outdoor recreation plan or State action agenda required by section 6 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-8)'.

(3) Section 102(a)(2) of the National Historic Preservation Act (16 U.S.C. 470b(a)(2)) is amended by striking `comprehensive statewide outdoor recreation plan prepared pursuant to the Land and Water Conservation Fund Act of 1965 (78 Stat. 897)' and inserting `comprehensive statewide outdoor recreation plan or State action agenda required by section 6 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-8)'.

(4) Section 6(a) of the Federal Water Project Recreation Act (16 U.S.C. 460l-17(a)) is amended by striking `State comprehensive plan developed pursuant to subsection 5(d) of the Land and Water Conservation Fund Act of 1965 (78 Stat. 897)' and inserting `comprehensive statewide outdoor recreation plan or State action agenda required by section 6 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-8)'.

(5) Section 8(a) of the National Trails System Act (16 U.S.C. 1247(a)) is amended in the first sentence--

(A) by inserting `or State action agendas' after `comprehensive statewide outdoor recreation plans'; and

(B) by inserting `of 1965 (16 U.S.C. 460l-4 et seq.)' after `Fund Act'.

(6) Section 11(a)(2) of the National Trails System Act (16 U.S.C. 1250(a)(2)) is amended by striking `(relating to the development of Statewide Comprehensive Outdoor Recreation Plans)' and inserting `(16 U.S.C. 460l-8)'.

(7) Section 11 of the Wild and Scenic Rivers Act (16 U.S.C. 1282) is amended--

(A) in subsection (a)--

(i) by inserting `or State action agendas' after `comprehensive statewide outdoor recreation plans'; and

(ii) by striking `(78 Stat. 897)' and inserting `(16 U.S.C. 460l-4 et seq.)'; and

(B) in subsection (b)(2)(B), by striking `(relating to the development of statewide comprehensive outdoor recreation plans)' and inserting `(16 U.S.C. 460l-8)'.

(8) Section 206(d) of title 23, United States Code, is amended--

(A) in paragraph (1)(B), by striking `statewide comprehensive outdoor recreation plan required by the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-4 et seq.)' and inserting `comprehensive statewide outdoor recreation plan or State action agenda required by section 6 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-8)'; and

(B) in paragraph (2)(D)(ii), by striking `statewide comprehensive outdoor recreation plan that is required by the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-4 et seq.)' and inserting `comprehensive statewide outdoor recreation plan or State action agenda that is required by section 6 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-8)'.

(9) Section 202(c)(9) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712(c)(9)) is amended by striking `statewide outdoor recreation plans developed under the Act of September 3, 1964 (78 Stat. 897), as amended' and inserting `comprehensive statewide outdoor recreation plans or State action agendas required by section 6 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-8)'.

SEC. 303. ASSISTANCE TO STATES FOR OTHER PROJECTS.

Section 6(e) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-8(e)) is amended--

(1) in paragraph (1), by striking `, but not including incidental costs relating to acquisition'; and

(2) in paragraph (2), by inserting before the colon the following: `or to enhance public safety in a designated park or recreation area'.

SEC. 304. CONVERSION OF PROPERTY TO OTHER USE.

Section 6(f)(3) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-8(f)(3)) is amended--

(1) by striking `(3) No property' and inserting the following:

`(3) CONVERSION OF PROPERTY TO OTHER USE-

`(A) IN GENERAL- No property'; and

(2) by striking the second sentence and inserting the following:

`(B) REQUIREMENTS FOR APPROVAL- The Secretary shall approve a conversion under subparagraph (A) if--

`(i) the State demonstrates that there is no other prudent or feasible alternative;

`(ii) the property no longer meets the criteria in the comprehensive statewide outdoor recreation plan or State action agenda for an outdoor conservation and recreation facility because of changes in demographics; or

`(iii) the property must be abandoned because of environmental contamination that endangers public health or safety.

`(C) CONDITIONS- A conversion under subparagraph (A) shall satisfy any conditions that the Secretary determines to be necessary to ensure the substitution of other conservation or recreation property that is--

`(i) of at least equal fair market value;

`(ii) of reasonably equivalent usefulness and location; and

`(iii) consistent with the comprehensive statewide outdoor recreation plan or State action agenda.'.

SEC. 305. WATER RIGHTS.

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. WATER RIGHTS.

`Nothing in this title--

`(1) invalidates, preempts, or modifies any Federal or State water law or an interstate compact relating to water, including water quality and disposal;

`(2) alters the rights of any State to an appropriated share of the water of any body of surface water or groundwater, as established by interstate compacts entered into, legislation enacted, or final judicial allocations adjudicated before, on, or after the date of enactment of this Act; or

`(3) confers on any non-Federal entity the ability to exercise any Federal right to the waters of any stream or to any ground water resource.'.

TITLE IV--CONSERVATION AND RESTORATION OF WILDLIFE

SEC. 401. PURPOSES.

The purposes of this title are--

(1) to ensure adequate funding of the program established under the amendments to the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669 et seq.) enacted by title IX of H.R. 5548 of the 106th Congress, as enacted by section 1(a)(2) of Public Law 106-553 (114 Stat. 2762, 2762A-118); and

(2) to ensure the conservation and sustainability of fish and wildlife to provide and promote greater hunting, angling, and wildlife viewing opportunities.

SEC. 402. DEFINITIONS.

Section 2 of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669a) is amended--

(1) by redesignating paragraphs (1), (2), (3), (4), (5), (6), (7), and (8) as paragraphs (2), (4), (5), (6), (7), (8), (9), and (10), respectively;

(2) by inserting before paragraph (2) (as redesignated by paragraph (1)) the following:

`(1) ACCOUNT- The term `Account' means the Wildlife Conservation and Restoration Account established by section 3(a)(2).';

(3) by inserting after paragraph (2) (as redesignated by paragraph (1)) the following:

`(3) INDIAN TRIBE- The term `Indian tribe'--

`(A) in the case of the State of Alaska, means a Native corporation (as defined in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602)); and

`(B) in the case of any other State, has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b).';

(4) in paragraph (6) (as redesignated by paragraph (1)), by striking `including fish' and inserting `(including, for purposes of section 4(d), fish)'; and

(5) in paragraph (10) (as redesignated by paragraph (1)), by striking `includes the wildlife conservation and restoration program and'.

SEC. 403. WILDLIFE CONSERVATION AND RESTORATION ACCOUNT.

Section 3 of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669b) is amended--

(1) by striking `SEC. 3. (a)(1) An' and inserting the following:

`SEC. 3. FEDERAL AID TO WILDLIFE RESTORATION FUND.

`(a) IN GENERAL-

`(1) FEDERAL AID TO WILDLIFE RESTORATION FUND- An'; and

(2) in subsection (a)--

(A) in paragraph (1), by striking `Federal aid to wildlife restoration fund' and inserting `Federal Aid to Wildlife Restoration Fund'; and

(B) by striking paragraph (2) and inserting the following:

`(2) WILDLIFE CONSERVATION AND RESTORATION ACCOUNT-

`(A) ESTABLISHMENT- There is established in the fund a subaccount to be known as the `Wildlife Conservation and Restoration Account'.

`(B) FUNDING- Amounts transferred to the fund for a fiscal year under section 9(b)(3) of the Outer Continental Shelf Lands Act--

`(i) shall be deposited in the Account; and

`(ii) shall be available, without further appropriation, to carry out State wildlife conservation and restoration programs under section 4(d).'.

SEC. 404. APPORTIONMENT TO INDIAN TRIBES.

(a) IN GENERAL- Section 4 of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669c) is amended--

(1) by redesignating the first subsection (c) as subsection (e); and

(2) in subsection (c), by striking paragraph (1) and inserting the following:

`(1) APPORTIONMENT TO DISTRICT OF COLUMBIA, PUERTO RICO, TERRITORIES, AND INDIAN TRIBES-

`(A) IN GENERAL- Subject to subparagraph (B), for each fiscal year, the Secretary shall apportion from amounts available in the Account for the fiscal year--

`(i) to each of the District of Columbia and the Commonwealth of Puerto Rico, an amount equal to not more than 1/2 of 1 percent of amounts available in the Account;

`(ii) to each of Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and the United States Virgin Islands, a sum equal to not more than 1/4 of 1 percent of amounts available in the Account; and

`(iii) to Indian tribes, an amount equal to not more than 2 1/4 percent of amounts available in the Account, of which--

`(I) 1/3 shall be apportioned based on the ratio that the trust land area of each Indian tribe bears to the total trust land area of all Indian tribes; and

`(II) 2/3 shall be apportioned based on the ratio that the population of each Indian tribe bears to the total population of all Indian tribes.

`(B) MAXIMUM APPORTIONMENT TO INDIAN TRIBES- For each fiscal year, the amounts apportioned under subparagraph (A)(iii) shall be adjusted proportionately so that no Indian tribe is apportioned a sum that is more than 5 percent of the amount available for apportionment under subparagraph (A)(iii) for the fiscal year.'.

(b) CONFORMING AMENDMENTS-

(1) Section 3(c)(2) of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669b(c)(2)) is amended by striking `sections 4(d) and (e) of this Act' and inserting `subsection (c) and (d) of section 4'.

(2) Section 4(b) of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669c(b)) is amended by striking `subsection (c)' and inserting `subsection (e)'.

(3) Section 4(d) of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669c(d)) is amended--

(A) in paragraph (1)--

(i) in subparagraph (A), by redesignating clauses (i), (ii), and (iii) as subclauses (I), (II), and (III), respectively, and indenting the subclauses appropriately;

(ii) by redesignating subparagraphs (A), (B), and (C) as clauses (i), (ii), and (iii), respectively, and indenting the clauses appropriately; and

(iii) by striking `(1) Any State' and inserting the following:

`(1) REQUIREMENTS-

`(A) IN GENERAL- Any State';

(iv) by striking `To apply' and inserting the following:

`(B) PLAN- To apply';

(v) in subparagraph (A) (as designated by clause (iii))--

(I) by inserting `or Indian tribe' before `may apply'; and

(II) by striking `develop a program' and inserting the following: `develop a program for the conservation and restoration of species of wildlife identified by the State';

(vi) in subparagraph (B) (as designated by clause (iv))--

(I) in the matter preceding clause (i) (as redesignated by clause (ii)), by inserting `or Indian tribe' before `shall submit'; and

(II) in clause (i) (as redesignated by clause (ii)), by inserting `or Indian tribe' after `State';

(vii) by redesignating subparagraph (D) as subparagraph (C); and

(viii) in subparagraph (C) (as redesignated by clause (vii))--

(I) in the matter preceding clause (i), by inserting `a State or Indian tribe shall' before `develop and begin';

(II) in clause (i), by inserting `or Indian tribe' before `deems appropriate';

(III) in clauses (ii), (iii), (iv), and (vii), by striking `paragraph (1)' and inserting `subparagraph (A)';

(IV) in clause (vi)--

(aa) by striking `State wildlife conservation strategy' and inserting `wildlife conservation strategy of the State or Indian tribe'; and

(bb) by striking the semicolon at the end and inserting `; and'; and

(V) in clause (vii), by inserting `by' after `feasible';

(B) in paragraph (2), by inserting `or Indian tribe' after `State';

(C) in paragraph (3), by inserting `or Indian tribe' after `State' each place it appears; and

(D) in paragraph (4)--

(i) in subparagraph (A), by striking `State's wildlife conservation and restoration program' each place it appears and inserting `wildlife conservation and restoration program of a State or Indian tribe'; and

(ii) in subparagraph (B)--

(I) by inserting `or Indian tribe' after `each State'; and

(II) by striking `State's wildlife conservation and restoration program' and inserting `wildlife conservation and restoration program of a State or Indian tribe'.

(4) Section 8(b) of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669g(b)) is amended by striking `section 4(c)' and inserting `section 4(e)'.

(5) Section 10 of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669h-1) is amended--

(A) in subsection (a)(1)--

(i) in subparagraph (A), by inserting `or obligated' after `used'; and

(ii) in subparagraph (B), by inserting `or obligated' after `used'; and

(B) by striking `section 4(c)' each place it appears and inserting `section 4(e)'.

SEC. 405. NO EFFECT ON PRIOR APPROPRIATIONS.

Nothing in this title or any amendment made by this title applies to or otherwise affects the availability or use of any amounts appropriated before the date of enactment of this Act.

TITLE V--URBAN PARK AND RECREATION RECOVERY PROGRAM

SEC. 501. EXPANSION OF PURPOSE OF URBAN PARK AND RECREATION RECOVERY ACT OF 1978 TO INCLUDE DEVELOPMENT OF NEW AREAS AND FACILITIES.

Section 1003 of the Urban Park and Recreation Recovery Act of 1978 (16 U.S.C. 2502) is amended in the first sentence by striking `recreation areas, facilities,' and inserting `recreation areas and facilities, the development of new recreation areas and facilities (including acquisition of land for that development),'.

SEC. 502. DEFINITIONS.

Section 1004 of the Urban Park and Recreation Recovery Act of 1978 (16 U.S.C. 2503) is amended--

(1) by striking `When used in this title the term--' and inserting `In this title:';

(2) by redesignating paragraphs (1), (2), and (3) of subsection (d) as subparagraphs (A), (B), and (C), respectively, and indenting appropriately;

(3) by redesignating subsections (a), (b), (c), (d), (e), (f), (g), (h), (i), (j), and (k) as paragraphs (9), (10), (4), (1), (8), (6), (3), (12), (7), (13), and (5), respectively, and moving the paragraphs to appear in numerical order;

(4) in each of paragraphs (1), (3), (4), (5), (6), (7), (8), (9), (10), (12), and (13) (as redesignated by paragraph (3))--

(A)(i) by inserting `XXXXX- The term' before the first quotation mark; and

(ii) by inserting in the blank the term that is in quotations in each paragraph, respectively; and

(B) by capitalizing the first letter of the term as inserted in the blank under subparagraph (A)(ii);

(5) in each of paragraphs (1), (3), (4), (6), (7), (8), (9), (10), and (12) (as redesignated by paragraph (3)), by striking the semicolon at the end and inserting a period;

(6) in paragraph (13) (as redesignated by paragraph (3)), by striking `; and' at the end and inserting a period;

(7) by inserting after paragraph (1) (as redesignated by paragraph (3)) the following:

`(2) DEVELOPMENT GRANT-

`(A) IN GENERAL- The term `development grant' means a matching capital grant made to a unit of local government to cover costs of development, land acquisition, and construction at 1 or more existing or new neighborhood recreation sites (including indoor and outdoor recreational areas and facilities, support facilities, and landscaping).

`(B) EXCLUSIONS- The term `development grant' does not include a grant made to pay the costs of routine maintenance or upkeep activities.';

(8) in paragraph (5) (as redesignated by paragraph (3)), by inserting `the Commonwealth of' before `Northern Mariana Islands'; and

(9) by inserting after paragraph (10) (as redesignated by paragraph (3)) the following:

`(11) SECRETARY- The term `Secretary' means the Secretary of the Interior.'.

SEC. 503. ELIGIBILITY.

Section 1005 of the Urban Park and Recreation Recovery Act of 1978 (16 U.S.C. 2504) is amended by striking subsection (a) and inserting the following:

`(a) ELIGIBILITY FOR ASSISTANCE-

`(1) DEFINITION OF GENERAL PURPOSE LOCAL GOVERNMENT- For the purpose of determining eligibility for assistance under this title, the term `general purpose local government' includes--

`(A) any political subdivision of a metropolitan, primary, or consolidated statistical area, as determined by the most recent decennial census;

`(B) any other city, town, or group of 1 or more cities or towns within a metropolitan statistical area described in subparagraph (A) that has a total population of at least 50,000, as determined by the most recent decennial census; and

`(C) any other county, parish, or township with a total population of at least 250,000, as determined by the most recent decennial census.

`(2) SELECTION- The Secretary shall award assistance to general purpose local governments under this title on the basis of need, as determined by the Secretary.'.

SEC. 504. GRANTS.

Section 1006(a) of the Urban Park and Recreation Recovery Act of 1978 (16 U.S.C. 2505(a)) is amended--

(1) in the first sentence, by striking `rehabilitation and innovative';

(2) in paragraph (1), by striking `rehabilitation and innovation'; and

(3) in paragraph (2), by striking `rehabilitation or innovative'.

SEC. 505. RECOVERY ACTION PROGRAMS.

Section 1007(a) of the Urban Park and Recreation Recovery Act of 1978 (16 U.S.C. 2506(a)) is amended--

(1) in the first sentence, by inserting `development,' after `commitments to ongoing planning,'; and

(2) in paragraph (2), by inserting `development and' after `adequate planning for'.

SEC. 506. STATE ACTION INCENTIVES.

Section 1008 of the Urban Park and Recreation Recovery Act of 1978 (16 U.S.C. 2507) is amended--

(1) in the first sentence, by inserting `(a) IN GENERAL- ' before `The Secretary is authorized'; and

(2) by striking the last sentence of subsection (a) (as designated by paragraph (1)) and inserting the following:

`(b) COORDINATION WITH LAND AND WATER CONSERVATION FUND ACTIVITIES-

`(1) IN GENERAL- The Secretary and general purpose local governments are encouraged to coordinate the preparation of recovery action programs required by this title with comprehensive statewide outdoor recreation plans or State action agendas required by section 6 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-8) (including by allowing flexibility in preparation of recovery action programs so that those programs may be used to meet State and local qualifications for local receipt of grants under that Act or State grants for similar purposes or for other conservation or recreation purposes).

`(2) CONSIDERATIONS- The Secretary shall encourage States to consider the findings, priorities, strategies, and schedules included in the recovery action programs of the urban localities of the States in preparation and updating of comprehensive statewide outdoor recreation plans or State action agendas in accordance with the public participation and citizen consultation requirements of section 6(d) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-8(d)).'.

SEC. 507. CONVERSION OF RECREATION PROPERTY.

Section 1010 of the Urban Park and Recreation Recovery Act of 1978 (16 U.S.C. 2509) is amended to read as follows:

`SEC. 1010. CONVERSION OF RECREATION PROPERTY.

`(a) IN GENERAL- Except as provided in subsection (b), no property developed, acquired, improved, or rehabilitated using funds from a grant under this title shall, without the approval of the Secretary, be converted to any purpose other than a public recreation purpose.

`(b) APPROVAL-

`(1) IN GENERAL- The Secretary shall approve the conversion of property under subsection (a) to a purpose other than a public recreation purpose only if the grant recipient demonstrates that no prudent or feasible alternative exists.

`(2) APPLICABILITY- Paragraph (1) applies to property that--

`(A) is no longer viable for use as a recreation facility because of changes in demographics; or

`(B) must be abandoned because of environmental contamination or any other condition that endangers public health or safety.

`(c) CONDITIONS- Any conversion of property under this section shall satisfy such conditions as the Secretary considers necessary to ensure the substitution for the property of other recreation property that is--

`(1) at a minimum, equivalent in fair market value, usefulness, and location; and

`(2) subject to the recreation recovery action program of the grant recipient that is in effect as of the date of the conversion of the property.'.

SEC. 508. TREATMENT OF TRANSFERRED AMOUNTS.

Section 1013 of the Urban Park and Recreation Recovery Act of 1978 (16 U.S.C. 2512) is amended to read as follows:

`SEC. 1013. FUNDING.

`(a) TREATMENT OF AMOUNTS TRANSFERRED FROM GET OUTDOORS ACT FUND-

`(1) IN GENERAL- Amounts transferred to the Secretary under section 9(b)(4) of the Outer Continental Shelf Lands Act (43 U.S.C. 1338(b)(4)) for a fiscal year shall be available to the Secretary, without further appropriation, to carry out this title.

`(2) UNPAID AND UNOBLIGATED AMOUNTS- Any amount described in paragraph (1) that is not paid or obligated by the Secretary before the end of the second fiscal year beginning after the first fiscal year in which the amount is made available under paragraph (1) shall be reapportioned by the Secretary among grant recipients under this title.

`(b) DEDUCTION FOR ADMINISTRATIVE EXPENSES- For each fiscal year, the Secretary may deduct, for payment of administrative expenses incurred by the Secretary in carrying out this section, not more than 4 percent of the amounts made available to the Secretary for the fiscal year under subsection (a).

`(c) LIMITATIONS ON ANNUAL GRANTS- After making the deduction under subsection (b), of the amounts made available for a fiscal year under subsection (a)--

`(1) not more than 10 percent may be used for innovation grants under section 1006;

`(2) not more than 3 percent may be used for grants for the development of local park and recreation recovery action programs under subsections (a) and (c) of section 1007; and

`(3) not more than 15 percent, in the aggregate, may be provided in the form of grants for projects in any 1 State.

`(d) LIMITATION ON USE FOR GRANT ADMINISTRATION- The Secretary shall establish a limit on the percentage, not to exceed 25 percent, of any grant under this title that may be used for grant and program administration.'.

SEC. 509. REPEAL.

Sections 1014 and 1015 of the Urban Park and Recreation Recovery Act of 1978 (16 U.S.C. 2513, 2514) are repealed.

END