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NEW CARA HR 701 |
TITLE II--LAND
AND WATER CONSERVATION FUND REVITALIZATION SEC. 201. AMENDMENT OF LAND AND WATER CONSERVATION FUND ACT OF 1965. 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 Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-4 et seq.). SEC. 202. EXTENSION OF FUND; TREATMENT OF AMOUNTS TRANSFERRED FROM CONSERVATION AND REINVESTMENT ACT FUND. Section 2(c) is amended to read as follows: ``(c) Amounts Transferred From Conservation and Reinvestment Act Fund.--In addition to the sum of the revenues and collections estimated by the Secretary of the Interior to be covered into the fund pursuant to subsections (a) and (b) of this section, there shall be covered into the fund all amounts transferred to the fund under section 5(b)(2) of the Conservation and Reinvestment Act of 2000.''. SEC. 203. AVAILABILITY OF AMOUNTS. Section 3 (16 U.S.C. 460l-6) is amended to read as follows: ``appropriations ``Sec. 3. (a) In General.--There are authorized to be appropriated to the Secretary from the fund to carry out this Act not more than $900,000,000 in any fiscal year after the fiscal year 2001. Amounts transferred to the fund from the Conservation and Reinvestment Act Fund and amounts covered into the fund under subsections (a) and (b) of section 2 shall be available to the Secretary in fiscal years after the fiscal year 2001 without further appropriation to carry out this Act. ``(b) Obligation and Expenditure of Available Amounts.--Amounts available for obligation or expenditure from the fund or from the special account established under section 4(i)(1) may be obligated or expended only as provided in this Act.''. SEC. 204. ALLOCATION OF FUND. Section 5 (16 U.S.C. 460l-7) is amended to read as follows:
``Sec. 5. Of the amounts made available for each fiscal year to carry out this Act--
SEC. 205. USE OF FEDERAL PORTION. Section 7 (16 U.S.C. 460l-9) is amended by adding at the end the following: ``(d) Use of Federal Portion.--
``(e) List of Proposed Federal Acquisitions.--
``(f) Notification to Affected Areas Required.--The Federal portion for a fiscal year may not be used to acquire any interest in land unless the Secretary administering the acquisition, by not later than 30 days after the date the Secretaries submit the list under subsection (e)(2)(A) for the fiscal year, provides notice of the proposed acquisition--
``(g) Compliance With Requirements Under Federal Laws.-- ``(1) In general.--The Federal portion for a fiscal year may not be used to acquire any interest in land or water unless the following have occurred:
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TITLE II--LAND AND WATER
CONSERVATION FUND REVITALIZATION SEC. 201. AMENDMENT OF LAND AND WATER CONSERVATION FUND ACT OF 1965. 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 Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-4 et seq.). SEC. 202. EXTENSION OF FUND; TREATMENT OF AMOUNTS TRANSFERRED FROM CONSERVATION AND REINVESTMENT ACT FUND. Section 2(c) is amended to read as follows: `(c) AMOUNTS TRANSFERRED FROM CONSERVATION AND REINVESTMENT ACT FUND- In addition to the sum of the revenues and collections estimated by the Secretary of the Interior to be covered into the fund pursuant to subsections (a) and (b) of this section, there shall be covered into the fund all amounts transferred to the fund under section 5(b)(2) of the Conservation and Reinvestment Act.'. SEC. 203. AVAILABILITY OF AMOUNTS. Section 3 (16 U.S.C. 460l-6) is amended to read as follows: `APPROPRIATIONS `SEC. 3. (a) IN GENERAL- There are authorized to be appropriated to the Secretary from the fund to carry out this Act not more than $900,000,000 in any fiscal year after the fiscal year 2002. Amounts transferred to the fund from the Conservation and Reinvestment Act Fund and amounts covered into the fund under subsections (a) and (b) of section 2 shall be available to the Secretary in fiscal years after the fiscal year 2002 without further appropriation to carry out this Act. `(b) OBLIGATION AND EXPENDITURE OF AVAILABLE AMOUNTS- Amounts available for obligation or expenditure from the fund or from the special account established under section 4(i)(1) may be obligated or expended only as provided in this Act.'. SEC. 204. ALLOCATION OF FUND. Section 5 (16 U.S.C. 460l-7) is amended to read as follows: `ALLOCATION OF FUNDS `SEC. 5. Of the amounts made available for each fiscal year to carry out this Act--
SEC. 205. USE OF FEDERAL PORTION. Section 7 (16 U.S.C. 460l-9) is amended by adding at the end the following: `(d) USE OF FEDERAL PORTION-
`(e) LIST OF PROPOSED FEDERAL ACQUISITIONS-
`(f) NOTIFICATION TO AFFECTED AREAS REQUIRED- The Federal portion for a fiscal year may not be used to acquire any interest in land unless the Secretary administering the acquisition, by not later than 30 days after the date the Secretaries submit the list under subsection (e)(2)(A) for the fiscal year, provides notice of the proposed acquisition--
`(g) COMPLIANCE WITH REQUIREMENTS UNDER FEDERAL LAWS- `(1) IN GENERAL- The Federal portion for a fiscal year may not be used to acquire any interest in land or water unless the following have occurred:
`(2) LIMITATION ON APPLICATION- Paragraph (1) shall not apply to any acquisition that is specifically authorized by a Federal law.'. |
SEC. 206. ALLOCATION OF AMOUNTS AVAILABLE FOR
STATE PURPOSES. (a) In General.--Section 6(b) (16 U.S.C. 460l-8(b)) is amended to read as follows: ``(b) Distribution Among the States.--(1) Sums in the fund available each fiscal year for State purposes shall be apportioned among the several States by the Secretary, in accordance with this subsection. The determination of the apportionment by the Secretary shall be final. ``(2) Subject to paragraph (3), of sums in the fund available each fiscal year for State purposes--
No amount may be apportioned under this paragraph to any State (herein referred to as an `unfunded State') that has not established a dedicated State land acquisition fund that is funded through the State's budget process. The amount that would have been apportioned to any such unfunded State under this paragraph shall be reapportioned to other States in accordance with subparagraphs (A) and (B). ``(3) The total allocation to an individual State for a fiscal year under paragraph (2) shall not exceed 10 percent of the total amount allocated to the several States under paragraph (2) for that fiscal year. ``(4) The Secretary shall notify each State of its apportionment, and the amounts thereof shall be available thereafter to the State for planning, acquisition, or development projects as hereafter described. Any amount of any apportionment under this subsection that has not been paid or obligated by the Secretary during the fiscal year in which such notification is given and the two fiscal years thereafter shall be reapportioned by the Secretary in accordance with paragraph (2), but without regard to the 10 percent limitation to an individual State specified in paragraph (3). ``(5)(A) For the purposes of paragraph (2)(A)--
``(B) Each of the areas referred to in subparagraph (A) shall be treated as a State for all other purposes of this Act.''. (b) Tribes and Alaska Native Corporations.--Section 6(b)(5) (16 U.S.C. 460l-8(b)(5)) is further amended by adding at the end the following new subparagraph: ``(C) For the purposes of paragraph (1), all federally recognized Indian tribes, or in the case of Alaska, Native Corporations (as defined in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602)), shall be eligible to receive shares of the apportionment under paragraph (1) in accordance with a competitive grant program established by the Secretary by rule. The total apportionment available to such tribes, or in the case of Alaska, Native Corporations shall be equivalent to the amount available to a single State. No single tribe, nor in the case of Alaska, Native Corporation shall receive a grant that constitutes more than 10 percent of the total amount made available to all tribes and Alaska Native Corporations pursuant to the apportionment under paragraph (1). Funds received by a tribe, or in the case of Alaska, Native Corporation under this subparagraph may be expended only for the purposes specified in clauses (1) and (3) of subsection (a).''. (c) Local Allocation.--Section 6(b) (16 U.S.C. 460l-8(b)) is amended by adding at the end the following: ``(6) Absent some compelling and annually documented reason to the contrary acceptable to the Secretary of the Interior, each State (other than an area treated as a State under paragraph (5)) shall make available as grants to local governments, at least 50 percent of the annual State apportionment, or an equivalent amount made available from other sources.''. (d) State Projects of Regional or National Significance.--Section 6(b) (16 U.S.C. 460l-8(b)) is amended by adding the following at the end: ``(7)(A) Any amounts available in addition to those amounts made available under section 5 of the Conservation and Reinvestment Act of 2000 in a fiscal year shall be available without further appropriation to the Secretary of the Interior to be distributed among the several States under a competitive grant program for State projects as authorized under section 6(e)(1) of national or regional significance involving one or more States. ``(B) The Secretary shall award grants only to projects that would conserve open space and either conserve wildlife habitat, protect water quality, or otherwise enhance the environment, or that would protect areas that have historic or cultural value. The Secretary shall give preference to projects that would be most likely to have the greatest benefit to the environment regionally or nationally and would maintain or enhance recreational opportunities.''. |
SEC. 206. ALLOCATION OF AMOUNTS
AVAILABLE FOR STATE PURPOSES. (a) IN GENERAL- Section 6(b) (16 U.S.C. 460l-8(b)) is amended to read as follows: `(b) DISTRIBUTION AMONG THE STATES- (1) Sums in the fund available each fiscal year for State purposes shall be apportioned among the several States by the Secretary, in accordance with this subsection. The determination of the apportionment by the Secretary shall be final. `(2) Subject to paragraph (3), of sums in the fund available each fiscal year for State purposes--
No amount may be apportioned under this paragraph to any State (herein referred to as an `unfunded State') that has not established a dedicated State land acquisition fund that is funded through the State's budget process. The amount that would have been apportioned to any such unfunded State under this paragraph shall be reapportioned to other States in accordance with subparagraphs (A) and (B). `(3) The total allocation to an individual State for a fiscal year under paragraph (2) shall not exceed 10 percent of the total amount allocated to the several States under paragraph (2) for that fiscal year. `(4) The Secretary shall notify each State of its apportionment, and the amounts thereof shall be available thereafter to the State for planning, acquisition, or development projects as hereafter described. Any amount of any apportionment under this subsection that has not been paid or obligated by the Secretary during the fiscal year in which such notification is given and the two fiscal years thereafter shall be reapportioned by the Secretary in accordance with paragraph (2), but without regard to the 10 percent limitation to an individual State specified in paragraph (3). `(5)(A) For the purposes of paragraph (2)(A)--
`(B) Each of the areas referred to in subparagraph (A) shall be treated as a State for all other purposes of this Act.'. (b) TRIBES AND ALASKA NATIVE CORPORATIONS- Section 6(b)(5) (16 U.S.C. 460l-8(b)(5)) is further amended by adding at the end the following new subparagraph: `(C) For the purposes of paragraph (1), all federally recognized Indian tribes, or in the case of Alaska, Native Corporations (as defined in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602)), shall be eligible to receive shares of the apportionment under paragraph (1) in accordance with a competitive grant program established by the Secretary by rule. The total apportionment available to such tribes, or in the case of Alaska, Native Corporations shall be equivalent to the amount available to a single State. No single tribe, nor in the case of Alaska, Native Corporation shall receive a grant that constitutes more than 10 percent of the total amount made available to all tribes and Alaska Native Corporations pursuant to the apportionment under paragraph (1). Funds received by a tribe, or in the case of Alaska, Native Corporation under this subparagraph may be expended only for the purposes specified in clauses (1) and (3) of subsection (a).'. (c) LOCAL ALLOCATION- Section 6(b) (16 U.S.C. 460l-8(b)) is amended by adding at the end the following: `(6) Absent some compelling and annually documented reason to the contrary acceptable to the Secretary of the Interior, each State (other than an area treated as a State under paragraph (5)) shall make available as grants to local governments, at least 50 percent of the annual State apportionment, or an equivalent amount made available from other sources.'. (d) STATE PROJECTS OF REGIONAL OR NATIONAL SIGNIFICANCE- Section 6(b) (16 U.S.C. 460l-8(b)) is amended by adding the following at the end: `(7)(A) Any amounts available in addition to those amounts made available under section 5 of the Conservation and Reinvestment Act in a fiscal year shall be available without further appropriation to the Secretary of the Interior to be distributed among the several States under a competitive grant program for State projects as authorized under section 6(e)(1) of national or regional significance involving one or more States. `(B) The Secretary shall award grants only to projects that would conserve open space and either conserve wildlife habitat, protect water quality, or otherwise enhance the environment, or that would protect areas that have historic or cultural value. The Secretary shall give preference to projects that would be most likely to have the greatest benefit to the environment regionally or nationally and would maintain or enhance recreational opportunities.'. |
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