THIS SEARCH THIS DOCUMENT THIS CR ISSUE GO TO
Next Hit Forward Next Document New CR Search
Prev Hit Back Prev Document HomePage
Hit List Best Sections Daily Digest Help
Doc Contents
If Senator BOXER's bill does not move, however, the bill that I am introducing today is a moderate alternative that I believe will enjoy broad
[Page: S2281] GPO's PDF
Second, the bill makes no changes to the Land and Water Conservation Fund that impede the federal government's ability to acquire land. Two bills currently pending in Congress would restrict federal land purchases to inholdings within existing parks only, and require prior Congressional authorization even for small acquisitions that have traditionally been approved through the appropriations process. These bills also require that two-thirds of the federal funding be spent east of the 100th meridian.
Under these terms, projects such as the Headwaters acquisition, where the federal government and State of California bought the largest ancient redwood stand in private hands, would have been impossible. I believe strongly that the primary purpose of the Land and Water Conservation Fund--to enable the federal government to permanently protect our nation's most special places--must be preserved and strengthened, not eroded.
Finally, this bill revives the state grants portion of the Land and Water Conservation Fund, which has funded over 37,000 state parks projects over the last three decades, as well as the Urban Parks and Recreation Recovery Program. These programs have worked well for decades, and I would like to restore funding for them while preserving broad latitude for states and local governments to determine their own conservation and recreation priorities. The bill does not establish competitive grants under the state program.
Specifically, the bill amends the Land and Water Conservation Fund Act to say that $900 million will be automatically appropriated each year for the Land and Water Conservation Fund and the Urban Parks and Recreation Recovery Program. The bill also provides that 40 percent of the funds provided under this act must be spent on stateside grants. This will revive the moribund State grants program and ensure that states get their fair share of parks and recreation dollars. States will be required to ``pass through'' 50 percent of the grants they receive directly to local governments.
In addition, the bill provides that 10 percent of the funds provided under this act be allocated to the Urban Parks and Recreation Recovery program. This will ensure that recreation facilities and open space remain top priorities where they are
urgently needed--increasingly crowded cities. The Urban Parks and Recreation Recovery Act will be amended to allow funds to be spent for construction of recreation facilities, and acquisition of park lands in urban areas.
The bill also requires the President to submit an annual priority list to Congress for expenditure of funds provided to federal agencies under this act. The bill specifically provides for Congressional approval of this priority list, so that Congress will retain authority to decide how Land and Water Conservation Fund dollars are spent on federal lands .
The bill changes requirements for the Land and Water Conservation Fund's stateside grants program, including a new requirement for States to develop, with public input, action agendas that identify their top conservation and recreation acquisition needs. Finally, the bill provides that Indian tribes will be recognized collectively as one state under the state grants program.
The Public Land and Recreation Investment Act will have a major and immediate impact on conservation and recreation nationwide. In my home state, increased funding for the Land and Water Conservation Fund could allow for the purchase of 483,000 acres of inholdings in national parks and wilderness areas in the California Desert, dramatically improving recreation opportunities in three of our nation's newest national parks. It could permanently protect sensitive watersheds at Lake Tahoe and help preserve the Lake's astounding water quality. And it could restore wetlands in San Francisco Bay, which has lost over 80 percent of its wetlands in the last 100 years.
Nationally, funding for the Land and Water Conservation Fund will help to preserve special places like Cape Cod National Seashore and the Kodiak National Wildlife Refuge, whose land acquisition needs have gone unmet in recent years.
Reviving the Urban Parks and Recreation Recovery Act will help cities across our nation improve parks and recreation opportunities for their residents. In the past, the Urban Parks and Recreation Recovery Act has funded summer recreation, anti-drug counseling, and job training for teenagers in low income neighborhoods in Fresno. The City of Milwaukee instituted a ``Park Watch'' program to help neighborhoods combat vandalism and crime in city parks. And in Tuscon, Arizona, the UPARR program funded a health and physical fitness program for children, senior citizens, and disabled youth.
This bill is strongly supported by groups that seek to protect conservation and recreation resources for all Americans.
Mr. President, I will submit for the RECORD at the end of my statement, letters from the Sierra Club, the Wilderness Society, and Defenders of Wildlife, who strongly support the Public Land and Recreation Investment Act of 1999.
Mr. President, the bottom line is that for too long, we have diverted monies intended for conservation and recreation to other purposes. This bill will help to correct that imbalance, and ensure a lasting legacy for our children and grandchildren. Whether they hike through a pristine wilderness, climb on an urban jungle gym, or picnic in a greenbelt outside their hometown, they will have the Land and Water Conservation Fund and the Urban Parks and Recreation Recovery Act to thank. That is something I believe we can all be proud of.
Mr. President, I ask unanimous consent that the text of the bill and letters of support be printed in the RECORD.
There being no objection, the material was ordered to be printed in the RECORD, as follows:
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 ``Public Land and Recreation Investment Act of 1999''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-4 et seq.) has been critical in acquiring land to protect America's national parks, forests, wildlife refuges, and public land in all 50 States from potential development and in improving recreational opportunities for all Americans;
(2) the Land and Water Conservation Fund has helped to preserve nearly 7,000,000 acres of America's most special places, from the California Desert to the Everglades, in part by providing grants that have helped States purchase over 2,000,000 acres of parkland and open space;
(3) although amounts in the Land and Water Conservation Fund are meant to be used only for conservation and recreation purposes, since 1980 Congress and the President have diverted much of this vital funding for deficit reduction and other budgetary purposes;
(4) because of chronic shortages in funding for the Land and Water Conservation Fund, the backlog of Federal acquisition needs now totals over $10,000,000,000; the backlog includes key wetlands, watersheds, wilderness, and wildlife habitat and important historic, cultural, and recreational sites;
(5) the findings of the 1995 National Biological Service study entitled ``Endangered Ecosystems of the United States: A Preliminary Assessment of Loss and Degradation'' demonstrate the need to escalate conservation measures that protect the Nation's wildlands and wildlife habitats;
(6) lack of funding for the State grants portion of the Land and Water Conservation Fund has hampered State and local efforts to protect parklands, coastlines, habitat areas, and open space from development;
(7) recreation needs in America's cities have been neglected, in part because the Urban Park and Recreation Recovery Act of 1978 (16 U.S.C. 2501 et seq.) has not been funded since 1995;
(8) at the same time that Federal investment in conservation and recreation has shrunk, demand for outdoor recreation has skyrocketed: visits to our public lands have increased dramatically in recent years, and the national survey on recreation and the environment conducted by the Forest Service indicates substantial growth in most outdoor activities; and
[Page: S2282] GPO's PDF
(9) increased investment in conservation and recreation is essential to maintaining America's environmental quality and high quality of life.
SEC. 3. PURPOSES.
The purposes of this Act are--
(1) to ensure that funding is available without further Act of appropriation to the Land and Water Conservation Fund and the Urban Park and Recreation Recovery Program;
(2) to protect the Nation's parklands, wildlife habitat, and recreational resources;
(3) to revive the State grants portion of the Land and Water Conservation Fund; and
(4) to ensure that local governments and Indian tribes receive a fair share of proceeds from the Land and Water Conservation Fund.
SEC. 4. LAND AND WATER CONSERVATION FUND.
(a) APPROPRIATIONS.--Section 3 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-6) is amended--
(1) by striking ``SEC. 3. APPROPRIATIONS.--Moneys'' and inserting the following:
``SEC. 3. APPROPRIATIONS.
``(a) IN GENERAL.--Moneys'';
(2) by striking the third sentence; and
(3) by adding at the end the following:
``(b) PERMANENT APPROPRIATION.--There is appropriated out of the fund to carry out this Act $900,000,000 for each fiscal year, to remain available until expended.''.
(b) ALLOCATION OF FUND.--Section 5 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-7) is amended--
(1) by striking the first, second, and third sentences and inserting the following:
``(a) IN GENERAL.--Of amounts annually available to carry out this Act for any fiscal year--
``(1) 40 percent shall be allocated for financial assistance to States under section 6, of which not less than 50 percent shall be directed to local governments to provide natural areas, open space, parkland, wildlife habitat, and recreation areas;
``(2) 50 percent shall be allocated for Federal purposes under section 7; and
``(3) 10 percent shall be allocated for grants to local governments under the Urban Park and Recreation Recovery Act of 1978 (16 U.S.C. 2501 et seq.).''; and
(2) by striking ``There shall be'' and inserting the following:
``(b) SPECIAL ACCOUNT.--There shall be''.
(c) FINANCIAL ASSISTANCE TO STATES.--
(1) IN GENERAL.--Section 6 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-8) is amended--
(A) in subsection (b)--
(i) in paragraph (1), by striking ``forty per centum'' and all that follows through ``twenty per centum'' and inserting ``30 percent of the first $225,000,000 and 20 percent''; and
(ii) by adding at the end the following:
``(6) INDIAN TRIBES.--
``(A) DEFINITION.--In this paragraph, the term `Indian tribe' means an Indian or Alaska Native tribe, band, nation, pueblo, village, or community that the Secretary of the Interior recognizes as an Indian tribe under section 104 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 479a-1).
``(B) APPORTIONMENT.--For the purposes of paragraph (1), the Indian tribes--
``(i) shall be treated collectively as 1 State; and
``(ii) shall receive shares of their collective apportionment under that paragraph in amounts to be determined by the Secretary of the Interior.
``(C) OTHER TREATMENT.--For all other purposes of this title, each Indian tribe shall be treated as a State, except that--
``(i) an Indian tribe shall not be required to direct 50 percent of the financial assistance provided under this Act to local governments; and
``(ii) an Indian tribe may use financial assistance provided under this Act only if the Indian tribe provides assurances, subject to the approval of the Secretary, that the Indian tribe will maintain conservation and recreation opportunities to the public at large in perpetuity on land and facilities funded under this Act.
``(D) LIMITATION.--For any fiscal year, no single Indian tribe shall receive more than 10 percent of the total amount made available under paragraph (1) to all Indian tribes, collectively.'';
(B) by striking subsection (d) and inserting the following:
``(d) STATE ACTION AGENDAS.--
``(1) IN GENERAL.--To qualify for financial assistance under this section, a State, in consultation with local subdivisions, nonprofit and other private organizations, and interested citizens, shall prepare and submit to the Secretary a State action agenda for recreation, open space, and conservation that identifies the State's recreation, open space, and conservation needs and priorities.
``(2) REQUIREMENTS.--A State action agenda--
``(A) shall take into account long-term recreation, open space, and conservation needs (including preservation of habitat for threatened and endangered species and other species of conservation concern) but focus on actions that can be funded over a 4-year period;
``(B) shall be updated every 4 years and approved by the Governor;
``(C) shall be considered in an active public involvement process that includes public hearings around the State;
``(D) shall take into account activities and priorities of managers of conservation land, open space, and recreation land in the State, including Federal, regional, local, and nonprofit agencies; and
``(E) to the extent practicable, shall be coordinated with other State, regional, and local plans for parks, recreation, open space, and wetland conservation.
``(3) USE OF RECOVERY ACTION PLANS.--A State shall use recovery action plans developed by local governments under section 1007 of the Urban Park and Recreation Recovery Act of 1978 (16 U.S.C. 2506) as a guide in formulating the conclusions and action items contained in the State action agenda.''; and
(C) by striking subsection (f)(3) and inserting the following:
``(3) CONVERSION OF USE OF PROPERTY.--
``(A) IN GENERAL.--No property acquired or developed with assistance under this section may be converted to a use other than use for recreation, open space, or conservation without the approval of the Secretary.
``(B) APPROVAL.--
``(i) IN GENERAL.--The Secretary may approve a conversion of use of property under subparagraph (A) if the State demonstrates that--
``(I) no prudent or feasible alternative to conversion of the use of the property exists;
``(II) because of changes in demographics, the property is no longer viable for use for recreation, open space, or conservation; or
``(III) the property must be abandoned because of environmental contamination that endangers public health or safety.
``(ii) SUBSTITUTION OF OTHER PROPERTY.--
``(I) IN GENERAL.--Conversion of the use of property shall satisfy any condition that the Secretary considers necessary to ensure that--
``(aa) the substituted property is property in the State that is of at least equal market value and reasonably equivalent usefulness and location; and
``(bb) the use of the substituted property for recreation, open space, or conservation is consistent with the State action agenda.
``(II) WETLAND AREAS.--A wetland area or interest in a wetland area (as identified in the wetland provisions of the State action agenda) that is proposed to be acquired as a suitable substitute property and that is otherwise acceptable to the Secretary shall be considered to be of reasonably equivalent usefulness to the property proposed for conversion.''.
(2) TRANSITION PROVISION.--Any comprehensive statewide outdoor recreation plan developed by a State under section 6(d) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-8(d)) before the date that is 5 years after the date of enactment of this Act shall remain in effect in the State until a State action agenda has been adopted in accordance with the amendment made by paragraph (1), but not later than 5 years after the date of enactment of this Act.
(3) CONFORMING AMENDMENTS.--
(A) Section 6 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-8(e)) is amended--
(i) in subsection (e)--
(I) in the matter preceding paragraph (1), by striking ``State comprehensive plan'' and inserting ``State action agenda''; and
(II) in paragraph (1), by striking ``, or wetland areas and interests therein as identified in the wetlands provisions of the comprehensive plan''; and
(ii) in subsection (f)(3)--
(I) in the second sentence, by striking ``then existing comprehensive statewide outdoor recreation plan'' and inserting ``State action agenda''; and
(II) by striking ``: Provided,'' and all that follows.
(B) 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 ``State action agenda required by section 6 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-8)''.
THIS SEARCH THIS DOCUMENT THIS CR ISSUE GO TO
Next Hit Forward Next Document New CR Search
Prev Hit Back Prev Document HomePage
Hit List Best Sections Daily Digest Help
Doc Contents