article: SECTION 1. SHORT TITLE. This Act may be cited as the ``Community Recreation and Conservation Endowment Act of 1997''. SEC. 2. FINDINGS AND PURPOSE. (a) Congress finds that: (1) The Land and Water Conservation Fund Act of 1965 enbodied a visionary concept--that a portion of the proceeds from Outer Continental Shelf mineral leasing revenues and the depletion of a nonrenewable natural resource should result in a legacy of public places accessible for public recreation and benefit from resources belongings to all people, of all generations, and the enhancement of the most precious and most renewable natural resource of any nation, healthy and active citizens. (2) The States and local governments were to occupy a pivotal role in accomplishing the purposes of the Land and Water Conservation Fund Act of 1965 and the Act originally provided an equitable portion of funds to the States, and through them, to local governments. (3) However, because of competition for limited federal monies and the need for an annual appropriation, this original intention has been abandoned and, in recent years, the States have not received an equitable proportion of funds. (4) Nonetheless, with population growth and urban sprawl, the demand for recreation areas and open spaces, at the state and local level, remains a high priority for our citizens. (5) A new vision is called for--a vision that encompasses a multi-level national network of parks, recreation areas, open space preserves and greenways that reaches across the country to touch all communities. National parks are not enough; the federal government alone cannot accomplish this. A bold national vision, backed by realistic national funding support, to stimulate state, local and private sector, as well as federal efforts, is the only way to effectively address our ongoing recreation and open space conservation needs. (6) On June 19, 1997, the United States Supreme Court held in United States v. Alaska (No. 84 original) that the United States retains title to lands underlying the tidal waters off the State of Alaska's North Slope. (7) As a result of the Supreme Court decision, approximately $1,600,000,000 in escrowed oil and gas lease sale revenues are to be received by the United States. These funds are double the amount included by the Congressional Budget Office in revenue estimates for the concurrent resolution on the budget. (8) By placing these escrowed funds in an interest bearing account a permanent source of monies for state and local recreation and conservation acquisition, planning and development can be established. (b) Purpose.--The purpose of this Act is to revitalize state, local and private commitments envisioned in the Land and Water Conservation Fund Act of 1965 by creating a new Community Recreation and Conservation Endowment with the escrowed oil and gas lease sale revenues received by the United States pursuant to the Supreme Court decision in United States v. Alaska to provide funding for state, local and urban recreation and conservation needs. SEC 3. COMMUNITY RECREATION AND CONSERVATION ENDOWMENT. Section 6 of the Land and Water Conservation Act of 1965 (16 U.S.C. 460l-8) is amended by inserting the following new subsection at the beginning: ``(a) Community Recreation and Conservation Endowment.-- ``(1) Special account.--Notwithstanding any other provision of law, all escrowed oil and gas revenues and interest received by the United States pursuant to the June 19, 1997 Supreme Court decision in United States v. Alaska shall be deposited in a special account in the Treasury of the United States, to be known as the `Community Recreation and Conservation Endowment Account', for use pursuant to the provisions of this section. ``(2) Investment of special account.--All funds deposited as principal in the Community Recreation and Conservation Endowment Account shall earn interest in the amount determined by the Secretary of the Treasury. Such interest shall be added to the principal of the account and be expended according to the provisions of this section. ``(3) Expenditure of special account.--Interest on the Community Recreation and Conservation Endowment Account shall be available without further appropriation at the beginning of each fiscal year for expenditure by the Secretary of the Interior (hereinafter referred to as the `Secretary') for purposes of providing monies to the states according to the provisions of this section.''. SEC. 4. GENERAL AUTHORITY. Section 6 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-8) is amended-- (1) by redesignating subsections (a) through (h) as subsections (b) through (i) respectively; (2) by striking the first sentence of subsection (b) (as so redesignated) and replacing with ``The Secretary is authorized to provide financial assistance to the States from interest earned on the Community Recreation and Conservation Endowment.''; and (3) by adding the following new sentence at the end of subsection (b) (as so redesignated): ``Absent some compelling and annually documented reason to the contrary acceptable to the Secretary, each State (other than an area treated as a State under section 6(c)(6)) shall make available as grants to local governments and other qualified recipients, at least one- half of the average annual State apportionment, or an equivalent amount made available from other sources.''. SEC. 5. APPORTIONMENT. Section 6(c) of the Land and Water Conservation Fund (16 U.S.C. 460l-8(c)) (as so redesignated) is amended-- (1) by striking the first sentence of subsection (c) and paragraphs (1), (2), and (3) and inserting the following: ``(c) Apportionment Among States; Notification.--Interest earned on the Community Recreation and Conservation Endowment shall be apportioned annually among the several States by the Secretary, whose determination shall be final, in accordance with the following formula: ``(1) Sixty percent shall be apportioned equally among the several States. ``(2) Twenty percent shall be apportioned on the basis of the proportion which the population of each State bears to the total population of the United States. ``(3) Twenty percent shall be apportioned on the basis of the urban population in each State (as defined by Metropolitan Statistical Areas). ``(4) The total allocation to an individual State under paragraphs (1) through (3) shall not exceed 10 percent of the total amount allocated to the several States in any one year.''; and (2) by redesignating paragraphs (4) and (5) of subsection (c) (as so redesignated) as paragraphs (5) and (6) respectively. SEC. 6. FUNDS FOR INDIAN TRIBES. Section 6(c)(6) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-8(c)(6)) (as so redesignated) is amended-- (1) by inserting ``(A)'' after ``(6)''; and (2) by adding at the end the following new subparagraph: ``(B) For the purposes of paragraph (1), all federally recognized Indian tribes and Alaska Native Village Corporations (as defined in section 3(j) of the Alaska Native Claims Settlement Act (43 U.S.C. 1602(j)) shall be treated collectively as one State, and shall receive shares of the apportionment under paragraph (1) in accordance with a competitive grant program established by the Secretary by rule. Such rule shall ensure that in each fiscal year no single tribe or Village Corporation receives more than 10 percent of the total amount made available to all tribes and Village Corporations pursuant to the apportionment under paragraph (1). Funds received by an Indian tribe or Village Corporation under this subparagraph may be expended only for the purposes specified in paragraphs (1) and (3) of subsection (b). Receipt in any given year of an apportionment under this section shall not prevent an Indian tribe or Village Corporation from receiving grants for other purposes under than regular apportionment of the State in which it is located.''. SEC. 7. CONFORMING AMENDMENTS. Section 5 of the Land and Water Conservation Act of 1965 (16 U.S.C. 460l-7) is amended by striking ``Not less than 40 per centum of such appropriations shall be available for Federal purposes.''.
summary: Community Recreation and Conservation Endowment Act of 1997 - Amends the Land and Water Conservation Fund Act of 1965 to require all escrowed oil and gas revenues and interest received by the United States pursuant to the June 19, 1997, Supreme Court decision in United States v. Alaska to be deposited in a special Treasury account known as the Community Recreation and Conservation Endowment Account. Authorizes financial assistance to States from interest earned on the Account. Requires States to make at least one-half of the average annual apportionment of assistance available to local governments and other qualified recipients. Provides for annual apportionment of such interest among the States and revises the existing apportionment formula. Treats Indian tribes and Alaska Native village corporations collectively as one State for assistance purposes and apportions interest in accordance with a competitive grant program, such that no tribe or corporation receives more than ten percent of the total amount made available to all tribes and corporations. Permits such funds to be expended only for outdoor recreation planning or development. Provides that receipt of such funds shall not prevent a tribe or corporation from receiving grants for other purposes under the regular apportionment of the State in which it is located. Removes a requirement that at least 40 percent of appropriations from the Land and Water Conservation Fund be available for Federal purposes.