NEW CARA HR 701
INTRODUCED 2/14/01

(a) State Action Agenda Required.-- 

(1) In general.--Section 6(d) (16 U.S.C. 460l-8(d)) is amended to read as follows: 

``(d) State Action Agenda Required.--(1) Each State may define its own priorities and criteria for selection of outdoor conservation and recreation acquisition and development projects eligible for grants under this Act, so long as the priorities and criteria defined by the State are consistent with the purposes of this Act, the State provides for public involvement in this process, and the State publishes an accurate and current State Action Agenda for Community Conservation and Recreation (in this Act referred to as the `State Action Agenda') indicating the needs it has identified and the priorities and criteria it has established. In order to assess its needs and establish its overall priorities, each State, in partnership with its local governments and Federal agencies, and in consultation with its citizens, shall develop, within 5 years after the enactment of the Conservation and Reinvestment Act of 2000, a State Action Agenda that meets the following requirements: 

``(A) The agenda must be strategic, originating in broad- based and long-term needs, but focused on actions that can be funded over the next 5 years. 

``(B) The agenda must be updated at least once every 5 years and certified by the Governor that the State Action Agenda conclusions and proposed actions have been considered in an active public involvement process. 

`(2) State Action Agendas shall take into account all providers of conservation and recreation lands within each State, including Federal, regional, and local government resources, and shall be correlated whenever possible with other State, regional, and local plans for parks, recreation, open space, and wetlands conservation. Recovery action programs developed by urban localities under section 1007 of the Urban Park and Recreation Recovery Act of 1978 shall be used by a State as a guide to the conclusions, priorities, and action schedules contained in State Action Agenda. Each State shall assure that any requirements for local outdoor conservation and recreation planning, promulgated as conditions for grants, minimize redundancy of local efforts by allowing, wherever possible, use of the findings, priorities, and implementation schedules of recovery action programs to meet such requirements.''. 

(2) Existing state plans.--Comprehensive State Plans developed by any State under section 6(d) of the Land and Water Conservation Fund Act of 1965 before the date that is 5 years after the enactment of this Act shall remain in effect in that State until a State Action Agenda has been adopted pursuant to the amendment made by this subsection, but no later than 5 years after the enactment of this Act. 

(b) Miscellaneous.--Section 6(e) (16 U.S.C. 460l-8(e)) is amended as follows: 

(1) In the matter preceding paragraph (1) by striking ``State comprehensive plan'' and inserting ``State Action Agenda''. 

(2) In paragraph (1) by striking ``comprehensive plan'' and inserting ``State Action Agenda''.

(a) STATE ACTION AGENDA REQUIRED-

(1) IN GENERAL- Section 6(d) (16 U.S.C. 460l-8(d)) is amended to read as follows:

`(d) STATE ACTION AGENDA REQUIRED- (1) Each State may define its own priorities and criteria for selection of outdoor conservation and recreation acquisition and development projects eligible for grants under this Act, so long as the priorities and criteria defined by the State are consistent with the purposes of this Act, the State provides for public involvement in this process, and the State publishes an accurate and current State Action Agenda for Community Conservation and Recreation (in this Act referred to as the `State Action Agenda') indicating the needs it has identified and the priorities and criteria it has established. In order to assess its needs and establish its overall priorities, each State, in partnership with its local governments and Federal agencies, and in consultation with its citizens, shall develop, within 5 years after the enactment of the Conservation and Reinvestment Act, a State Action Agenda that meets the following requirements:

`(A) The agenda must be strategic, originating in broad-based and long-term needs, but focused on actions that can be funded over the next 5 years.

`(B) The agenda must be updated at least once every 5 years and certified by the Governor that the State Action Agenda conclusions and proposed actions have been considered in an active public involvement process.

 

`(2) State Action Agendas shall take into account all providers of conservation and recreation lands within each State, including Federal, regional, and local government resources, and shall be correlated whenever possible with other State, regional, and local plans for parks, recreation, open space, and wetlands conservation. Recovery action programs developed by urban localities under section 1007 of the Urban Park and Recreation Recovery Act of 1978 shall be used by a State as a guide to the conclusions, priorities, and action schedules contained in State Action Agenda. Each State shall assure that any requirements for local outdoor conservation and recreation planning, promulgated as conditions for grants, minimize redundancy of local efforts by allowing, wherever possible, use of the findings, priorities, and implementation schedules of recovery action programs to meet such requirements.'.

(2) EXISTING STATE PLANS- Comprehensive State Plans developed by any State under section 6(d) of the Land and Water Conservation Fund Act of 1965 before the date that is 5 years after the enactment of this Act shall remain in effect in that State until a State Action Agenda has been adopted pursuant to the amendment made by this subsection, but no later than 5 years after the enactment of this Act.

(b) MISCELLANEOUS- Section 6(e) (16 U.S.C. 460l-8(e)) is amended as follows:

(1) In the matter preceding paragraph (1) by striking `State comprehensive plan' and inserting `State Action Agenda'.

(2) In paragraph (1) by striking `comprehensive plan' and inserting `State Action Agenda'.

Section 6(e) (16 U.S.C. 460l-8(e)) is amended-- 

(1) in subsection (e)(1) by striking ``, but not including incidental costs relating to acquisition''; and 

(2) in subsection (e)(2) by inserting before the period at the end the following: ``or to enhance public safety within a designated park or recreation area''.

SEC. 209. CONVERSION OF PROPERTY TO OTHER USE.

Section 6(f)(3) (16 U.S.C. 460l-8(f)(3)) is amended-- 

(1) by inserting ``(A)'' before ``No property''; and 

(2) by striking the second sentence and inserting the following: 

``(B) The Secretary shall approve such conversion only if the State demonstrates no prudent or feasible alternative exists with the exception of those properties that no longer meet the criteria within the State Plan or Agenda as an outdoor conservation and recreation facility due to changes in demographics or that must be abandoned because of environmental contamination which endangers public health and safety. Any conversion must satisfy such conditions as the Secretary deems necessary to assure the substitution of other conservation and recreation properties of at least equal fair market value and reasonably equivalent usefulness and location and which are consistent with the existing State Plan or Agenda; except that wetland areas and interests therein as identified in the wetlands provisions of the action agenda and proposed to be acquired as suitable replacement property within that same State that is otherwise acceptable to the Secretary shall be considered to be of reasonably equivalent usefulness with the property proposed for conversion.''.

SEC. 210. WATER RIGHTS.

Title I is amended by adding at the end the following:

``water rights

``Sec. 14. Nothing in this title-- 

``(1) invalidates or preempts State or Federal water law or an interstate compact governing water; 

``(2) alters the rights of any State to any appropriated share of the waters of any body of surface or ground water, whether determined by past or future interstate compacts or by past or future legislative or final judicial allocations; 

``(3) preempts or modifies any Federal or State law, or interstate compact, dealing with water quality or disposal; or 

``(4) confers on any non-Federal entity the ability to exercise any Federal right to the waters of any stream or to any ground water resource.''.

 

SEC. 211. REQUIREMENTS FOR ACQUISITION OF LANDS IN MONTANA WITH FEDERAL PORTION.

Section 7 (16 U.S.C. 460l-9) is further amended by adding at the end the following: 

``(h) Requirements for Acquisition of Lands in Montana.--The Secretary of the Interior and the Secretary of Agriculture shall jointly develop and issue a plan for acquisition and disposal of lands in the State of Montana that will result in consolidation of private lands and Federal public lands. The plan shall be designed to ensure that-- 

``(1) acquisitions of lands with the Federal portion consolidate Federal ownership of lands in Montana under the administrative jurisdiction of the Department of the Interior and the Department of Agriculture; and 

``(2) any increase in the total acreage of lands in Montana under the administrative jurisdictions of those Departments that results from acquisitions of lands with the Federal portion is de minimis.''.

Section 6(e) (16 U.S.C. 460l-8(e)) is amended--

(1) in subsection (e)(1) by striking `, but not including incidental costs relating to acquisition'; and

(2) in subsection (e)(2) by inserting before the period at the end the following: `or to enhance public safety within a designated park or recreation area'.

SEC. 209. CONVERSION OF PROPERTY TO OTHER USE.

Section 6(f)(3) (16 U.S.C. 460l-8(f)(3)) is amended--

(1) by inserting `(A)' before `No property'; and

(2) by striking the second sentence and inserting the following:

`(B) The Secretary shall approve such conversion only if the State demonstrates no prudent or feasible alternative exists with the exception of those properties that no longer meet the criteria within the State Plan or Agenda as an outdoor conservation and recreation facility due to changes in demographics or that must be abandoned because of environmental contamination which endangers public health and safety. Any conversion must satisfy such conditions as the Secretary deems necessary to assure the substitution of other conservation and recreation properties of at least equal fair market value and reasonably equivalent usefulness and location and which are consistent with the existing State Plan or Agenda; except that wetland areas and interests therein as identified in the wetlands provisions of the action agenda and proposed to be acquired as suitable replacement property within that same State that is otherwise acceptable to the Secretary shall be considered to be of reasonably equivalent usefulness with the property proposed for conversion.'.

SEC. 210. WATER RIGHTS.

Title I is amended by adding at the end the following:

`WATER RIGHTS

`SEC. 14. Nothing in this title--

`(1) invalidates or preempts State or Federal water law or an interstate compact governing water;

`(2) alters the rights of any State to any appropriated share of the waters of any body of surface or ground water, whether determined by past or future interstate compacts or by past or future legislative or final judicial allocations;

`(3) preempts or modifies any Federal or State law, or interstate compact, dealing with water quality or disposal; or

`(4) confers on any non-Federal entity the ability to exercise any Federal right to the waters of any stream or to any ground water resource.'.

 

SEC. 211. REQUIREMENTS FOR ACQUISITION OF LANDS IN MONTANA WITH FEDERAL PORTION.

Section 7 (16 U.S.C. 460l-9) is further amended by adding at the end the following:

`(h) REQUIREMENTS FOR ACQUISITION OF LANDS IN MONTANA- The Secretary of the Interior and the Secretary of Agriculture shall jointly develop and issue a plan for acquisition and disposal of lands in the State of Montana that will result in consolidation of forest reserves created from the public domain and private inholdings within those reserves. The plan shall be designed to ensure that--

`(1) acquisitions of lands with the Federal portion consolidate Federal ownership of lands in Montana under the administrative jurisdiction of the Department of the Interior and the Forest Service; and

`(2) any increase in the total acreage of lands in Montana under those administrative jurisdictions that results from acquisitions of lands with the Federal portion is de minimis.'.