THIS SEARCH THIS DOCUMENT GO TO
Next Hit Forward New Bills Search
Prev Hit Back HomePage
Hit List Best Sections Help
Doc Contents
(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.
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:
`(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.'.
This title may be cited as the `Coastal Stewardship Act of 2000.'
(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 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:
`(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)(10 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 sue 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 Int3erstate 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 (b0(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- 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 wit 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
`(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.
THIS SEARCH THIS DOCUMENT GO TO
Next Hit Forward New Bills Search
Prev Hit Back HomePage
Hit List Best Sections Help
Doc Contents