| BILL |
| HR 3245 IH 106th CONGRESS 1st Session H.
R. 701 (formerly HR 3245)
To establish a fund to
meet the outdoor conservation and recreation needs of the
American people, to provide Outer Continental Shelf
impact assistance to State and local governments, to
amend the Land and Water Conservation Fund Act of 1965,
the Urban Park and Recreation Recovery Act of 1978, and
the Act popularly known as the Federal Aid in Wildlife
Restoration Act, and for other purposes.
IN THE
HOUSE OF REPRESENTATIVES
November
8, 1999
Mr. YOUNG of Alaska (for
himself and Mr. GEORGE MILLER of California) introduced
the following bill; which was referred to the Committee
on Resources, and in addition to the Committee on the
Budget, for a period to be subsequently determined by the
Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the
committee concerned
A BILL
To establish a fund to
meet the outdoor conservation and recreation needs of the
American people, to provide Outer Continental Shelf
impact assistance to State and local governments, to
amend the Land and Water Conservation Fund Act of 1965,
the Urban Park and Recreation Recovery Act of 1978, and
the Act popularly known as the Federal Aid in Wildlife
Restoration Act, and for other purposes.
- Be it enacted
by the Senate and House of Representatives of the
United States of America in Congress assembled,
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- This Act may be
cited as the `Conservation and Reinvestment Act
of 1999'.
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- For purposes of
this Act:
- (1) The term
`coastal population' means the population of all
political subdivisions, as determined by the most
recent official data of the Census Bureau,
contained in whole or in part within the
designated coastal boundary of a State as defined
in a State's coastal zone management program
under the Coastal Zone Management Act (16 U.S.C. 1451 and
following).
- (5) The term
`distance' means minimum great circle distance,
measured in statute miles.
- (6) The term
`fiscal year' means the Federal Government's
accounting period which begins on October 1st and
ends on September 30th, and is designated by the
calendar year in which it ends.
- (7) The term
`Governor' means the highest elected official of
a State or of any other political entity that is
defined as, or treated as, a State under the Land
and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-4 and
following), the Act of September 2, 1937 (16 U.S.C. 669 and
following), commonly referred to as the
Federal Aid in Wildlife Restoration Act or the
Pittman-Robertson Act, the Urban Park and
Recreation Recovery Act of 1978 (16 U.S.C. 2501 and
following), the National Historic
Preservation Act (16 U.S.C. 470h and
following), or the Federal Agriculture
Improvement and Reform Act of 1996 (Public Law
104-127; 16 U.S.C. 3830 note).
- (8) The term
`leased tract' means a tract, leased under
section 8 of the Outer Continental Shelf Lands
Act (43 U.S.C. 1337) for the purpose 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 a combination of
portions of blocks, as specified in the lease,
and as depicted on an Outer Continental Shelf
Official Protraction Diagram.
- (9) The term `Outer
Continental Shelf' means all submerged lands
lying seaward and outside of the area of `lands
beneath navigable waters' as defined in section
2(a) of the Submerged Lands Act (43 U.S.C. 1301(a)), and of which the
subsoil and seabed appertain to the United States
and are subject to its jurisdiction and control.
- (10) The term
`political subdivision' means the local political
jurisdiction immediately below the level of State
government, including counties, parishes, and
boroughs. If State law recognizes an entity of
general government that functions in lieu of, and
is not within, a county, parish, or borough, the
Secretary may recognize an area under the
jurisdiction of such other entities of general
government as a political subdivision for
purposes of this title.
- (11) The term
`producing State' means a State with a coastal
seaward boundary within 200 miles from the
geographic center of a leased tract other than a
leased tract or portion of a leased tract that is
located in a geographic area subject to a leasing
moratorium on January 1, 1999 (unless the lease
was issued prior to the establishment of the
moratorium and was in production on January 1,
1999.)
- (12) The term
`qualified Outer Continental Shelf revenues'
means (except as otherwise provided in this
paragraph) all moneys received by the United
States from each leased tract or portion of a
leased tract lying seaward of the zone defined
and governed by section 8(g) of the Outer
Continental Shelf Lands Act (43 U.S.C. 1337(g)),
or lying within such zone but to which section
8(g) does not apply, the geographic center of
which lies within a distance of 200 miles from
any part of the coastline of any coastal State,
including 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 the Outer Continental Shelf Lands
Act. Such term does not include any revenues from
a leased tract or portion of a leased tract that
is located in a geographic area subject to a
leasing moratorium on January 1, 1999, unless the
lease was issued prior to the establishment of
the moratorium and was in production on January
1, 1999.
- (13) The term
`Secretary' means the Secretary of the Interior
or the Secretary's designee, except as otherwise
specifically provided.
- (14) The term
`Fund' means the Conservation and Reinvestment
Act Fund established under section 5.
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- (a) STATE REPORTS-
On June 15 of each year, each Governor receiving
moneys from the Fund shall account for all moneys
so received for the previous fiscal year in a
written report to the Secretary or the Interior
or the Secretary of Agriculture, as appropriate.
The report shall include, in accordance with
regulations prescribed by the Secretaries, a
description of all projects and activities
receiving funds under this Act. In order to avoid
duplication, such report may incorporate by
reference any other reports required to be
submitted under other provisions of law to the
Secretary concerned by the Governor regarding any
portion of such moneys.
(b) REPORT TO CONGRESS- On January
1 of each year the Secretary of the Interior, in
consultation with the Secretary of Agriculture,
shall submit an annual report to the Congress
documenting all moneys expended by the Secretary
of the Interior and the Secretary of Agriculture
from the Fund during the previous fiscal year and
summarizing the contents of the Governor's
reports submitted to the Secretaries under
subsection (a).
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- (a) ESTABLISHMENT
OF FUND- There is established in the Treasury of
the United States a fund which shall be known as
the `Conservation and Reinvestment Act Fund'. In
each fiscal year after the fiscal year 2000, the
Secretary of the Treasury shall deposit in the
Fund the following amounts:
- (1) OCS
REVENUES- An amount in each such fiscal
year from qualified Outer Continental
Shelf revenues equal to the difference
between $2,825,000,000 and the amounts
deposited in the Fund under paragraph
(2), notwithstanding section 9 of the
Outer Continental Shelf Lands Act (43
U.S.C. 1338).
- (2) AMOUNTS
NOT DISBURSED- All allocated but
undisbursed amounts returned to the Fund
under section 101(a)(2).
- (3)
INTEREST- All interest earned under
subsection (d) that is not made available
under paragraph (2) or (4) of that
subsection.
- (b) TRANSFER FOR
EXPENDITURE- In each fiscal year after the fiscal
year 2001, the Secretary of the Treasury shall
transfer all amounts deposited in the fund as
follows:
- (1) $1,000,000,000
to the Secretary of the Interior for
purposes of making payments to coastal
States under title I of this Act.
- (6) $200,000,000 to
the Secretary of the Interior and the
Secretary of Agriculture to carry out
title VI of this Act.
- (7) $150,000,000 to
the Secretary of the Interior to carry
out title VII of this Act with (A) $100,000,000 of
such amount transferred to the Secretary
of the Interior for purposes of subtitle
A of title VII and (B) $50,000,000 of
such amount transferred to the Secretary
of the Interior for purposes of subtitle
B of title VII.
- (c) SHORTFALL- If
amounts deposited in the Conservation and
Reinvestment Act Fund in any fiscal year after
the fiscal year 2000 are less than
$2,825,000,000, the amounts transferred under
paragraphs (1) through (7) of subsection (b) for
that fiscal year shall each be reduced
proportionately.
- (1) IN
GENERAL- The Secretary of the Treasury
shall invest moneys in the Fund in public
debt securities with maturities suitable
to the needs of the Fund, as determined
by the Secretary of the Treasury, and
bearing interest at rates determined by
the Secretary of the Treasury, taking
into consideration current market yields
on outstanding marketable obligations of
the United States of comparable maturity.
- (2) USE OF
INTEREST- Except as provided in
paragraphs (3) and (4), interest earned
on such moneys shall be available,
without further appropriation, for
obligation or expenditure under--
- (A)
chapter 69 of title 31 of the
United States Code (relating to
PILT), and
- (B)
section 401 of the Act of June
15, 1935 (49 Stat. 383; 16 U.S.C.
715s) (relating to
refuge revenue sharing).
- In each
fiscal year such interest shall be
allocated between the programs referred
to in subparagraph (A) and (B) in
proportion to the amounts authorized and
appropriated for that fiscal year under
other provisions of law for purposes of
such programs.
- (3) CEILING
ON EXPENDITURES OF INTEREST- Amounts made
available under paragraph (2) in each
fiscal year shall not exceed the lesser
of the following:
- (B)
The total amount authorized and
appropriated for that fiscal year
under other provisions of law for
purposes of the programs referred
to in subparagraphs (A) and (B)
of paragraph (2).
- (4) TITLE
III INTEREST- All interest attributable
to amounts transferred by the Secretary
of the Treasury to the Secretary of the
Interior for purposes of title III of
this Act (and the amendments made by such
title III) shall be available, without
further appropriation, for obligation or
expenditure for purposes of the North American
Wetlands Conservation Act of 1989 (16
U.S.C. 4401 and following).
- (e) REFUNDS- In
those instances where through judicial decision,
administrative review, arbitration, or other
means there are royalty refunds owed to entities
generating revenues under this title, such
refunds shall be paid by the Secretary of the
Treasury from amounts available in the Fund.
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- Notwithstanding any
other provision of law, of amounts made available
by this Act (including the amendments made by
this Act) for a particular activity, not more
than 2 percent may be used for administrative
expenses of that activity. Nothing in this
section shall affect the prohibition contained in
section 4(c) of the Federal Aid in Wildlife
Restoration Act.
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- Notwithstanding any
other provision of law, the receipts and
disbursements of funds under this Act and the
amendments made by this Act--
- (1) shall
not be counted as new budget authority,
outlays, receipts, or deficit or surplus
for purposes of--
- (A)
the budget of the United States
Government as submitted by the
President;
- (B)
the congressional budget
(including allocations of budget
authority and outlays provided
therein); or
- (C)
the Balanced Budget and Emergency
Deficit Control Act of 1985; and
- (2) shall
be exempt from any general budget
limitation imposed by statute on
expenditures and net lending (budget
outlays) of the United States Government.
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- The Secretary of
the Interior in consultation with the Secretary
of Agriculture shall establish such rules
regarding recordkeeping by State and local
governments and the auditing of expenditures made
by State and local governments from fund made
available under this Act as may be necessary.
Such rules shall be in addition to other
requirements established regarding recordkeeping
and the auditing of such expenditures under other
authority of law.
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- (a) IN GENERAL-
Except as provided in subsection (b), no State or
local government shall receive any funds under
this Act during any fiscal year when its
expenditures of non-Federal funds for recurrent
expenditures for programs for which funding is
provided under this Act will be less than its
expenditures were for such programs during the
preceding fiscal year. No State or local
government shall receive any funding under this
Act with respect to a program unless the
Secretary is satisfied that such a grant will be
so used to supplement and, to the extent
practicable, increase the level of State, local,
or other non-Federal funds available for such
program. In order for the Secretary to provide
funding under this Act in a timely manner each
fiscal year, the Secretary shall compare a State
or local government's prospective expenditure
level to that of its second preceding fiscal
year.
(b)
EXCEPTION- The Secretary may provide funding
under this Act to a State or local government not
meeting the requirements of subsection (a) if the
Secretary determines that a reduction in
expenditures is attributable to a non-selective
reduction in the expenditures in the programs of
all Executive branch agencies of the State or
local government.
(c) USE OF FUND
TO MEET MATCHING REQUIREMENTS- All funds received
by a State or local government under this Act
shall be treated as Federal funds for purposes of
compliance with any provision in effect under any
other law requiring that non-Federal funds be
used to provide a portion of the funding for any
program or project.
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- This Act, including
the amendments made by this Act, shall have no
force or effect after September 30, 2015.
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- (a) SAVINGS CLAUSE-
Nothing in the Act shall authorize that private
property be taken for public use, without just
compensation as provided by the Fifth and
Fourteenth amendments to the United States
Constitution.
(b) REGULATION- Federal agencies,
using funds appropriated by this Act, may not
apply any regulation on any lands until the lands
or water, or an interest therein, is acquired,
unless authorized to do so by another Act of
Congress.
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