OLD CARA HR 701
PASSED BY HOUSE 5/11/00

NEW CARA HR 701
INTRODUCED 2/14/01

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:

``allocation of funds

``Sec. 5. Of the amounts made available for each fiscal year to carry out this Act--

``(1) 50 percent shall be available for Federal purposes (in this Act referred to as the `Federal portion'); and 

``(2) 50 percent shall be available for grants to States.''.

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.-- 

``(1) Approval by congress required.--The Federal portion (as that term is defined in section 5(1)) may not be obligated or expended by the Secretary of the Interior or the Secretary of Agriculture for any acquisition except those specifically referred to, and approved by the Congress, in an Act making appropriations for the Department of the Interior or the Department of Agriculture, respectively. 

``(2) Willing seller requirement.--The Federal portion may not be used to acquire any property unless-- 

``(A) the owner of the property concurs in the acquisition; or 

``(B) acquisition of that property is specifically approved by an Act of Congress.

 

``(e) List of Proposed Federal Acquisitions.-- 

``(1) Restriction on use.--The Federal portion for a fiscal year may not be obligated or expended to acquire any interest in lands or water unless the lands or water were included in a list of acquisitions that is approved by the Congress. 

``(2) Transmission of list.--(A) The Secretary of the Interior and the Secretary of Agriculture shall jointly transmit to the appropriate authorizing and appropriations committees of the House of Representatives and the Senate for each fiscal year, by no later than the submission of the budget for the fiscal year under section 1105 of title 31, United States Code, a list of the acquisitions of interests in lands and water proposed to be made with the Federal portion for the fiscal year. 

``(B) In preparing each list under subparagraph (A), the Secretary shall-- 

``(i) seek to consolidate Federal landholdings in States with checkerboard Federal land ownership patterns; 

``(ii) consider the use of equal value land exchanges, where feasible and suitable, as an alternative means of land acquisition;

  ``(iii) consider the use of permanent conservation easements, where feasible and suitable, as an alternative means of acquisition; 

``(iv) identify those properties that are proposed to be acquired from willing sellers and specify any for which adverse condemnation is requested; and 

``(v) establish priorities based on such factors as important or special resource attributes, threats to resource integrity, timely availability, owner hardship, cost escalation, public recreation use values, and similar considerations. 

``(C) The Secretary of the Interior and the Secretary of Agriculture shall each-- 

``(i) transmit, with the list transmitted under subparagraph (A), a separate list of those lands under the administrative jurisdiction of the Secretary that have been identified in applicable land management plans as surplus and eligible for disposal as provided for by law; and 

``(ii) update each list to be transmitted under clause (i) as land management plans are amended or revised. 

``(3) Information regarding proposed acquisitions.--Each list under paragraph (2)(A) shall include, for each proposed acquisition included in the list-- 

``(A) citation of the statutory authority for the acquisition, if such authority exists; and

  ``(B) an explanation of why the particular interest proposed to be acquired was selected. 

``(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-- 

``(1) in writing to each Member of and each Delegate and Resident Commissioner to the Congress elected to represent any area in which is located-- 

``(A) the land; or 

``(B) any part of any federally designated unit that includes the land; 

``(2) in writing to the Governor of the State in which the land is located; 

``(3) in writing to each State political subdivision having jurisdiction over the land; and 

``(4) by publication of a notice in a newspaper that is widely distributed in the area under the jurisdiction of each such State political subdivision, that includes a clear statement that the Federal Government intends to acquire an interest in land. 

``(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: 

``(A) All actions required under Federal law with respect to the acquisition have been complied with.

``(B) A copy of each final environmental impact statement or environmental assessment required by law, and a summary of all public comments regarding the acquisition that have been received by the agency making the acquisition, are submitted to the Committee on Resources of the House of Representatives, the Committee on Energy and Natural Resources of the Senate, and the Committees on Appropriations of the House of Representatives and of the Senate. 

``(C) A notice of the availability of such statement or assessment and of such summary is provided to-- 

``(i) each Member of and each Delegate and Resident Commissioner to the Congress elected to represent the area in which the land is located; 

``(ii) the Governor of the State in which the land is located; and 

``(iii) each State political subdivision having jurisdiction over the land. 

``(2) Limitation on application.--Paragraph (1) shall not apply to any acquisition that is specifically authorized by a Federal law.''.

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--

`(1) 50 percent shall be available for Federal purposes (in this Act referred to as the `Federal portion'); and

`(2) 50 percent shall be available for grants to States.'.

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-

`(1) APPROVAL BY CONGRESS REQUIRED- The Federal portion (as that term is defined in section 5(1)) may not be obligated or expended by the Secretary of the Interior or the Secretary of Agriculture for any acquisition except those specifically referred to, and approved by the Congress, in an Act making appropriations for the Department of the Interior or the Department of Agriculture, respectively.

`(2) WILLING SELLER REQUIREMENT- The Federal portion may not be used to acquire any property unless--

`(A) the owner of the property concurs in the acquisition; or

`(B) acquisition of that property is specifically approved by an Act of Congress.

`(e) LIST OF PROPOSED FEDERAL ACQUISITIONS-

`(1) RESTRICTION ON USE- The Federal portion for a fiscal year may not be obligated or expended to acquire any interest in lands or water unless the lands or water were included in a list of acquisitions that is approved by the Congress.

`(2) TRANSMISSION OF LIST- (A) The Secretary of the Interior and the Secretary of Agriculture shall jointly transmit to the appropriate authorizing and appropriations committees of the House of Representatives and the Senate for each fiscal year, by no later than the submission of the budget for the fiscal year under section 1105 of title 31, United States Code, a list of the acquisitions of interests in lands and water proposed to be made with the Federal portion for the fiscal year.

`(B) In preparing each list under subparagraph (A), the Secretary shall--

`(i) seek to consolidate Federal landholdings in States with checkerboard Federal land ownership patterns;

`(ii) consider the use of equal value land exchanges, where feasible and suitable, as an alternative means of land acquisition;

`(iii) consider the use of permanent conservation easements, where feasible and suitable, as an alternative means of acquisition;

`(iv) identify those properties that are proposed to be acquired from willing sellers and specify any for which adverse condemnation is requested; and

`(v) establish priorities based on such factors as important or special resource attributes, threats to resource integrity, timely availability, owner hardship, cost escalation, public recreation use values, and similar considerations.

`(C) The Secretary of the Interior and the Secretary of Agriculture shall each--

`(i) transmit, with the list transmitted under subparagraph (A), a separate list of those lands under the administrative jurisdiction of the Secretary that have been identified in applicable land management plans as surplus and eligible for disposal as provided for by law; and

`(ii) update each list to be transmitted under clause (i) as land management plans are amended or revised.

 

`(3) INFORMATION REGARDING PROPOSED ACQUISITIONS- Each list under paragraph (2)(A) shall include, for each proposed acquisition included in the list--

`(A) citation of the statutory authority for the acquisition, if such authority exists; and

`(B) an explanation of why the particular interest proposed to be acquired was selected.

`(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--

`(1) in writing to each Member of and each Delegate and Resident Commissioner to the Congress elected to represent any area in which is located--

`(A) the land; or

`(B) any part of any federally designated unit that includes the land;

`(2) in writing to the Governor of the State in which the land is located;

`(3) in writing to each State political subdivision having jurisdiction over the land; and

`(4) by publication of a notice in a newspaper that is widely distributed in the area under the jurisdiction of each such State political subdivision, that includes a clear statement that the Federal Government intends to acquire an interest in land.

`(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:

`(A) All actions required under Federal law with respect to the acquisition have been complied with.

`(B) A copy of each final environmental impact statement or environmental assessment required by law, and a summary of all public comments regarding the acquisition that have been received by the agency making the acquisition, are submitted to the Committee on Resources of the House of Representatives, the Committee on Energy and Natural Resources of the Senate, and the Committees on Appropriations of the House of Representatives and of the Senate.

`(C) A notice of the availability of such statement or assessment and of such summary is provided to--

`(i) each Member of and each Delegate and Resident Commissioner to the Congress elected to represent the area in which the land is located;

`(ii) the Governor of the State in which the land is located; and

`(iii) each State political subdivision having jurisdiction over the land.

`(2) LIMITATION ON APPLICATION- Paragraph (1) shall not apply to any acquisition that is specifically authorized by a Federal law.'.

(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-- 

``(A) 30 percent shall be apportioned equally among the several States; and 

``(B) 70 percent shall be apportioned so that the ratio that the amount apportioned to each State under this subparagraph bears to the total amount apportioned under this subparagraph for the fiscal year is equal to the ratio that the population of the State bears to the total population of all States. 

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)-- 

``(i) the District of Columbia shall be treated as a State; and 

``(ii) Puerto Rico, the Virgin Islands, Guam, and American Samoa-- 

``(I) shall be treated collectively as one State; and 

``(II) shall each be allocated an equal share of any amount distributed to them pursuant to clause (i). 

``(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.''.

(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--

`(A) 30 percent shall be apportioned equally among the several States; and

`(B) 70 percent shall be apportioned so that the ratio that the amount apportioned to each State under this subparagraph bears to the total amount apportioned under this subparagraph for the fiscal year is equal to the ratio that the population of the State bears to the total population of all States.

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)--

`(i) the District of Columbia shall be treated as a State; and

`(ii) Puerto Rico, the Virgin Islands, Guam, and American Samoa--

`(I) shall be treated collectively as one State; and

`(II) shall each be allocated an equal share of any amount distributed to them pursuant to clause (i).

`(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.'.