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(d) DEFINITIONS.--Section 2 of the Federal Aid in Wildlife Restoration Act ( 16 U.S.C. 669a) is amended by striking the period at the end thereof, substituting a semicolon, and adding the following: ``the term `conservation' s hall be construed to mean the use of methods and procedures necessary or desirable to sustain healthy populations of wildlife including all activities associated with scientific resources management such as research, census, monitoring of populations, acquisition, improvement and management of habitat, live trapping and transplantation, wildlife damage management, and periodic or total protection of a species or population as well as the taking of individuals within wildlife stock or population if permitted by applicable State and Federal law; the term `wildlife conservation a nd restoration program' means a program developed by a State fish and wildlife department

[Page: S942]  GPO's PDF

   SEC. 303. TREATMENT OF AMOUNTS TRANSFERRED FROM CONSERVATION A ND REINVESTMENT A CT F UND.

    Section 3 of the Federal Aid in Wildlife Restoration Act ( 16 U.S.C. 669b) is amended--

    (1) in subsection (a) by inserting ``(1)'' after ``(a)'', and by adding at the end the following:

    ``(2) There is established in the Federal aid to wildlife restoration fund a subaccount to be known as the `wildlife conservation a nd restoration account'. Amounts transferred to the fund for a fiscal year under section 5(b)(3) of the Conservation a nd Reinvestment A ct o f 1999 shall be deposited in the subaccount and shall be available without further appropriation, in each fiscal year, for apportionment in accordance with this Act t o carry out State wildlife conservation a nd restoration programs.''; and

    (2) by adding at the end the following:

    ``(c) Amounts transferred to the fund from the Conservation a nd Reinvestment A ct F und and apportioned under subsection (a)(2) shall supplement, but not replace, existing funds available to the States from the sport fish restoration account and wildlife restoration account and shall be used for the development, revision, and implementation of wildlife conservation a nd restoration programs and should be used to address the unmet needs for a diverse array of wildlife and associated habitats, including species that are not hunted or fished, for wildlife conservation, wildlife conservation e ducation, and wildlife-associated recreation projects. Such funds may be used for new programs and projects as well as to enhance existing programs and projects.

    ``(d)(1) Notwithstanding subsections (a) and (b) of this section, with respect to amounts transferred to the fund from the Conservation a nd Reinvestment A ct F und so much of such amounts as is apportioned to any State for any fiscal year and as remains unexpended at the close thereof shall remain available for expenditure in that State until the close of--

    ``(A) the fourth succeeding fiscal year, in the case of amounts transferred in any of the first 10 fiscal years beginning after the date of enactment of the Conservation a nd Reinvestment A ct o f 1999; or

    ``(B) the second succeeding fiscal year, in the case of amounts transferred in a fiscal year beginning after the 10-fiscal-year period referred to in subparagraph (A).

    ``(2) Any amount apportioned to a State under this subsection that is unexpended or unobligated at the end of the period during which it is available under paragraph (1) shall be reapportioned to all States during the succeeding fiscal year.''.

   SEC. 304. APPORTIONMENT OF AMOUNTS TRANSFERRED FROM CONSERVATION A ND REINVESTMENT A CT F UND.

    (a) IN GENERAL.--Section 4 of the Federal Aid in Wildlife Restoration Act ( 16 U.S.C. 669c) is amended by adding at the end the following new subsection:

    ``(c) AMOUNTS TRANSFERRED FROM CONSERVATION A ND REINVESTMENT A CT F UND.--(1) The Secretary of the Interior shall make the following apportionment from the amount transferred to the fund from the Conservation a nd Reinvestment A ct F und for each fiscal year:

    ``(A) To the District of Columbia and to the Commonwealth of Puerto Rico, each a sum equal to not more than 1/2 of 1 percent thereof.

    ``(B) To Guam, American Samoa, the Virgin Islands, and the Commonwealth of the Northern Mariana Islands, each a sum equal to not more than 1/6 of 1 percent thereof.

    ``(2)(A) The Secretary of the Interior, after making the apportionment under paragraph (1), shall apportion the remainder of the amount transferred to the fund from the Conservation a nd Reinvestment A ct F und for each fiscal year among the States in the following manner:

    ``(i) 1/3 of which is based on the ratio to which the land area of such State bears to the total land area of all such States.

    ``(ii) 2/3 of which is based on the ratio to which the population of such State bears to the total population of all such States.

    ``(B) The amounts apportioned under this paragraph shall be adjusted equitably so that no such State shall be apportioned a sum which is less than 1/2 of 1 percent of the amount available for apportionment under this paragraph for any fiscal year or more than 5 percent of such amount.

    ``(3) Amounts transferred to the fund from the Conservation a nd Reinvestment A ct F und shall not be available for any expenses incurred in the administration and execution of programs carried out with such amounts.

    ``(d) WILDLIFE CONSERVATION A ND RESTORATION PROGRAMS.--(1) Any State, through its fish and wildlife department, may apply to the Secretary of the Interior for approval of a wildlife conservation a nd restoration program, or for funds to develop a program. To apply, a State shall submit a comprehensive plan that includes--

    ``(A) provisions vesting in the fish and wildlife department of the State overall responsibility and accountability for the program;

    ``(B) provisions for the development and implementation of--

    ``(i) wildlife conservation p rojects that expand and support existing wildlife programs, giving appropriate consideration to all wildlife;

    ``(ii) wildlife-associated recreation projects; and

    ``(iii) wildlife conservation e ducation projects pursuant to programs under section 8(a); and

    ``(C) provisions to ensure public participation in the development, revision, and implementation of projects and programs required under this paragraph.

    ``(2) A State shall provide an opportunity for public participation in the development of the comprehensive plan required under paragraph (1).

    ``(3) If the Secretary finds that the comprehensive plan submitted by a State complies with paragraph (1), the Secretary shall approve the wildlife conservation a nd restoration program of the State and set aside from the apportionment to the State made pursuant to subsection (c) an amount that shall not exceed 75 percent of the estimated cost of developing and implementing the program.

    ``(4)(A) Except as provided in subparagraph (B), after the Secretary approves a State's wildlife conservation a nd restoration program, the Secretary may make payments on a project that is a segment of the State's wildlife conservation a nd restoration program as the project progresses. Such payments, including previous payments on the project, if any, shall not be more than the United States pro rata share of such project. The Secretary, under such regulations as he may prescribe, may advance funds representing the United States pro rata share of a project that is a segment of a wildlife conservation a nd restoration program, including funds to develop such program.

    ``(B) Not more than 10 percent of the amounts apportioned to each State under this section for a State's wildlife conservation a nd restoration program may be used for wildlife-associated recreation.

    ``(5) For purposes of this subsection, the term `State' shall include the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.''.

    (b) FACA.--Coordination with State fish and wildlife agency personnel or with personnel of other State agencies pursuant to the Federal Aid in Wildlife Restoration Act o r the Federal Aid in Sport Fish Restoration Act s hall not be subject to the Federal Advisory Committee Act ( 5 U.S.C. App.). Except for the preceding sentence, the provisions of this title relate solely to wildlife conservation a nd restoration programs and shall not be construed to affect the provisions of the Federal Aid in Wildlife Restoration Act r elating to wildlife restoration projects or the provisions of the Federal Aid in Sport Fish Restoration Act r elating to fish restoration and management projects.

   SEC. 305. EDUCATION.

    Section 8(a) of the Federal Aid in Wildlife Restoration Act ( 16 U.S.C. 669g(a)) is amended by adding the following at the end thereof: ``Funds available from the amount transferred to the fund from the Conservation a nd Reinvestment A ct F und may be used for a wildlife conservation e ducation program, except that no such funds may be used for education efforts, projects, or programs that promote or encourage opposition to the regulated taking of wildlife.''.

   SEC. 306. PROHIBITION AGAINST DIVERSION.

    No designated State agency shall be eligible to receive matching funds under this title if sources of revenue available to it after January 1, 1999, for conservation o f wildlife are diverted for any purpose other than the administration of the designated State agency, it being the intention of Congress that funds available to States under this title be added to revenues from existing State sources and not serve as a substitute for revenues from such sources. Such revenues shall include interest, dividends, or other income earned on the forgoing.

   TITLE IV--URBAN PARK AND RECREATION RECOVERY PROGRAM AMENDMENTS

   SEC. 401. AMENDMENT OF URBAN PARK AND RECREATION RECOVERY ACT O F 1978.

    Except as otherwise expressly provided, whenever in this title an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Urban Park and Recreation Recovery Act o f 1978 (16 U.S.C. 2501 and following).

   SEC. 402. PURPOSE.

    The purpose of this title is to provide a dedicated source of funding to assist local governments in improving their park and recreation systems.

   SEC. 403. TREATMENT OF AMOUNTS TRANSFERRED FROM CONSERVATION A ND REINVESTMENT A CT F UND.

    Section 1013 (16 U.S.C. 2512) is amended to read as follows:

   ``TREATMENT OF AMOUNTS TRANSFERRED FROM CONSERVATION A ND REINVESTMENT A CT F UND

    ``SEC. 1013. (a) IN GENERAL.--Amounts transferred to the Secretary of the Interior under section 5(b)(4) of the Conservation a nd Reinvestment A ct o f 1999 in a fiscal year shall be available to the Secretary without further appropriation to carry out this title. Any amount that has not been 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 available shall be reapportioned by the Secretary among grantees under this title.

    ``(b) LIMITATIONS ON ANNUAL GRANTS.--Of the amounts available in a fiscal year under subsection (a)--

    ``(1) not more that 3 percent may be used for grants for the development of local park and recreation recovery action programs pursuant to sections 1007(a) and 1007(c);

    ``(2) not more than 10 percent may be used for innovation grants pursuant to section 1006; and

    ``(3) not more than 15 percent may be provided as grants (in the aggregate) for projects in any one State.

    ``(c) LIMITATION ON USE FOR GRANT ADMINISTRATION.--The Secretary shall establish a limit on the portion of any grant under this title that may be used for grant and program administration.''.

   SEC. 404. AUTHORITY TO DEVELOP NEW AREAS AND FACILITIES.

    Section 1003 (16 U.S.C. 2502) is amended by inserting ``development of new recreation areas and facilities, including the acquisition of lands for such development,'' after ``rehabilitation of critically needed recreation areas, facilities,''.

   SEC. 405. DEFINITIONS.

    Section 1004 (16 U.S.C. 2503) is amended as follows:

    (1) In paragraph (j) by striking ``and'' after the semicolon.

    (2) In paragraph (k) by striking the period at the end and inserting a semicolon.

    (3) By adding at the end the following:

    ``(l) `development grants'--

    ``(1) subject to subparagraph (2) means matching capital grants to units of local government to cover costs of development, land acquisition, and construction on existing or new neighborhood recreation sites, including indoor and outdoor recreational areas and facilities, support facilities, and landscaping; and

    ``(2) does not include routine maintenance, and upkeep activities; and

    ``(m) `Secretary' means the Secretary of the Interior.''.

   SEC. 406. ELIGIBILITY.

    Section 1005(a) (16 U.S.C. 2504(a)) is amended to read as follows:

    ``(a) Eligibility of general purpose local governments to compete for assistance under this title shall be based upon need as determined by the Secretary. Generally, eligible general purpose local governments shall include the following:

    ``(1) All political subdivisions of Metropolitan, Primary, or Consolidated Statistical Areas, as determined by the most recent Census.

    ``(2) Any other city, town, or group of cities or towns (or both) within such a Metropolitan Statistical Area, that has a total population of 50,000 or more as determined by the most recent Census.

    ``(3) Any other county, parish, or township with a total population of 250,000 or more as determined by the most recent Census.''.

   SEC. 407. GRANTS.

    Section 1006 (16 U.S.C. 2505) is amended--

    (1) in subsection (a) by redesignating paragraph (3) as paragraph (4); and

    (2) by striking so much as precedes subsection (a)(4) (as so redesignated) and inserting the following:

   ``GRANTS

    ``SEC. 1006. (a)(1) The Secretary may provide 70 percent matching grants for rehabilitation, development, and innovation purposes to any eligible general purpose local government upon approval by the Secretary of an application submitted by the chief executive of such government.

    ``(2) At the discretion of such an applicant, a grant under this section may be transferred in whole or part to independent special purpose local governments, private nonprofit agencies, or county or regional park authorities, if--

    ``(A) such transfer is consistent with the approved application for the grant; and

    ``(B) the applicant provides assurance to the Secretary that the applicant will maintain public recreation opportunities at assisted areas and facilities owned or managed by the applicant in accordance with section 1010.

    ``(3) Payments may be made only for those rehabilitation, development, or innovation projects that have been approved by the Secretary. Such payments may be made from time to time in keeping with the rate of progress toward completion of a project, on a reimbursable basis.''.

   SEC. 408. RECOVERY ACTION PROGRAMS.

    Section 1007(a) (16 U.S.C. 2506(a)) is amended--

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

    (2) in subsection (a)(2) by inserting ``development and'' after ``adequate planning for''.

   SEC. 409. STATE ACTION INCENTIVES.

    Section 1008 (16 U.S.C. 2507) is amended--

    (1) by inserting ``(a) IN GENERAL.--'' before the first sentence; and

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

    ``(b) COORDINATION WITH LAND AND WATER CONSERVATION F UND ACTIVITIES.--(1) The Secretary and general purpose local governments are encouraged to coordinate preparation of recovery action programs required by this title with State Plans or Agendas required under section 6 of the Land and Water Conservation F und Act o f 1965, including by allowing flexibility in preparation of recovery action programs so they may be used to meet State and local qualifications for local receipt of Land and Water Conservation F und grants or State grants for similar purposes or for other conservation o r recreation purposes.

    ``(2) The Secretary shall encourage States to consider the findings, priorities, strategies, and schedules included in the recovery action programs of their urban localities in preparation and updating of State plans in accordance with the public coordination and citizen consultation requirements of subsection 6(d) of the Land and Water Conservation F und Act o f 1965.''.

   SEC. 410. CONVERSION OF RECREATION PROPERTY.

    Section 1010 (16 U.S.C. 2509) is amended to read as follows:

   ``CONVERSION OF RECREATION PROPERTY

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