HomeMy WebLinkAbout11/21/1989, C-1 - CONSIDERATION OF RESOLUTION TO ENDORSE THE ""AMERICAN HERITAGE TRUST ACT OF 1989"", WHICH WOULD PROVI" f�IIII IWV�I MEETING DATE:
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All city Of san .UIS OBISPO "-„-g9 -
COUNCIL AGENDA REPORT ITB,A NUMBER:%OPP _.
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FROM: Randy Rossi, Interim Community Development Director; - !VL
BY: Steve Tetmeir, Graduate Intern ��
SUBJECT: Consideration of resolution to endorse the "American
Heritage Trust Act of 198911, which would provide funds
to buy land for open space, parks, wildlife preserves
and historic sites.
CAO RECOMMENDATION:
Adopt the resolution supporting the "American Heritage
Trust Act of 1989”
BACKGROUND:
The Congress is considering two bills which would create a new and
better way to fund the Land and Water Conservation Fund (LWCF) and
the Historic Preservation Fund (HPF) . They would not increase
authorized funding levels. Rather, they would establish a self-
perpetuating trust that would ensure, over several years, a stable
return to meet funding commitments.
LWCF now automatically earmarks $900 million/year and the HPF
earmarks $150 million/year from receipts from Outer Continental
Shelf oil and gas leases and from sales of surplus federal land.
However, since 1980 LWCF appropriations have declined from a peak
of $805 million to an average of less than $200 million a year; HPF
appropriations have averaged under $30 million a year. As a
result, authorized but unappropriated "credits" to LWCF and HPF
have increased twenty-fold. Consequently, there is now an
unappropriated balance in the fund of more than $6 billion, while
federal, state and local agencies who planned to apply for matching
grants have been denied access to these monies.
These new bills will create permanent Trust accounts for LWCF and
HPF programs with principals that cannot be used for other purposes
and will require the Secretary of the Treasury to invest all
authorized but unappropriated balances into interest-paying public
debt securities. Increased annual appropriations (grants and
matching funds) would be distributed among federal, state, and
local agencies and non-profit groups.
CONSEQUENCE OF NOT TAKING THE RECOMMENDED ACTION:
The consequence of not endorsing the resolution may not have
significant impact on the ratification of the legislation; however,
the legislation is consistent with San Luis Obispo's philosophy to
protect natural, historical and cultural resources and preservation
of open space, and rejection of the resolution may demonstrate a
lack of commitment to this effort.
ATTACB21ENT: Resolution, Bill H.R. 876
RESOLUTION NO. ( 1989 Series)
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO
SUPPORTING THE AMERICAN HERITAGE TRUST ACT OF 1989 (H.R. 876 ) ,
WHICH WOULD PROVIDE $1 BILLION A YEAR TO BUY LAND FOR PARKS,
WILDLIFE PRESERVES, .AND HISTORIC SITES
WHEREAS, the Congress is considering two bills which would
create a new and better way to fund the Land and Water Conservation
Fund (LWCF) and the Historic Preservation Fund (APF) ; and
WHEREAS, the new bills will create permanent Trust accounts
for LWCF and HPF with principals that cannot be used for other
purposes and will require the Secretary of the Treasury to invest
all authorized but unappropriated public debt securities; and
WHEREAS, the annual appropriations (grants and matching funds )
would be distributed among federal, state and local agencies and
non-profit groups; and
WHEREAS, the City of San Luis Obispo has provided for the
enjoyment and protection of land for all our citizens; and
WHEREAS, it has been the philosophy of the City of San Luis
Obispo .to provide and assured and consistent source of funding for
land protection and recreation; and
WHEREAS, it is in the interest of the Community and our American
heritage to preserve and protect open space in and around the City
of San Luis Obispo.
NOW, THEREFORE BE IT RESOLVED that the City Council of the City
of San Luis Obispo hereby:
1 . Supports the American Heritage. Trust Act of 1989; and
2. Finds that support of the federal legislation is consistent
with the City's philosophy to provide funding for land
protection and recreation.
3. Finds that support of the federal legislation is in the
interest of the Community and our American heritage, to
reserve and
p protect open space in and around the City of .
San Luis Obispo.
J
Resolution No. ( 1989 Series )
Page Two
On the motion of , seconded by and
on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing Resolution was passed and adopted this day
of 198 .
MAYOR RON DUNIN
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ATTEST:
CITY CLERK PAMELA VOGES
APPROVED:
City dministative Officer
PI/At/brnr
Community Development Director
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101sT CONGRESS HeRe
676
1ST SESSION
To establish the American Heritage Trust, for purposes of enhancing the protec-
tion of the Nation's natural, historical, cultural, and outdoor recreational
heritage, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY B, 1989
Mr. UDALL (for himself, Mr. ROE, Mr. FORD of Michigan, Mr. FASCELL, Mr.
BROOKS, Mr. PEPPER, Mr. RANGEL, Mr. VENTO, Mr. MILLER Of California,
Mr. RAHALL, Mr. DE LUGO, Mr. GEJDENSON, Mr. KOSTMAYER, Mr.
SHARP, .Mr. LEwis of Georgia, Mr. CAMPBELL of Colorado, Mr. DARDEN,
Mr. CLARK, Mr. DEFAziO, Mr. LAGOMAa.SINO, Mr. MRAZEK, Mr. WOLF,
Mr. FAWELL, Mr. SHAYS, Mr. HOUGHTON, Mr. AKAKA, Mr. MOLLOHAN,
Mrs. BOGGS, Mr. BEVILL, Mr. McDADE, Mrs. MEYERS of Kansas, Mr.
GORDON, Mr. KILDEE, Mr. MOAKLEY, Mr. QUILLEN, Mr. BONIOR, Mr.
DERRICK, Mr. ESPY, Mr. ATKINS, Mr. SLATTERY, Mr. BENNETT, Mr.
MCCLOSKY, Mr. OWENS of New York, Mr. HUCKABY, Mrs. COLLINS, _lir.
KASTENMEIER, Mr. STUDDS, Mr. MINETA, Mr. WEISS, Mr. MAVROULES,
Mr. FLORIO, Mrs. LLOYD, Mr. MARTINEZ, Mr. HUGHES, Mr. FOGLIETTA,
Mr. ENGLISH, Mr. HATCHER, Mr. EDWARDS Of California, Mr. MEAL Of
North Carolina, Mr. DYMALLY, Mr. MCCURDY, Mr. HEFNER, Mr. FAUNT-
ROY, Mr. SYNAR, Mr. WALGREN, Mr. BEILENSON, Mr. ROWLAND of Con-
necticut, Mr. MARTIN of New York, Mr. HORTON, Mr. GREEN, Mr. GUN-
DERSON, Mrs. ROUKEMA, Mrs. MORELLA, Mr. ROBERTS, Mr. WYLIE, MS.
SCHNEIDER, Mr. MORRISON of Washington, Mr. BARNARD, Mr. HOCH-
BRUECKNER; Mr. HARRIS, Mr. MANTON, Mrs. KENNELLY, Mr. MOODY, Mr.
EVANS, Mr. CHANDLER, MS. PELOSI, Mr. GALLO, Mr. WYDEN, Mr. KLECZ-
KA, Mrs. BOER, Mr. PRICE, Mr. SMITH of Florida, Mr. NOWAK, Mrs.
PATTERSON, Mr. STAGGERS, Mr. ANTHONY, Mr. ANDREWS, Mr.. LIPINSKI,
Mr. ERDREICH, Mr. BRYANT, Mr. BERMAN, Mr. RAVENEL, Mr. ROBINSON,
Mr. MFOME, Mr. MACHTLEY, Mr. VALENTINE, Mr. MCDEEMOTT, Mr.
JONES of Georgia, Mrs. SLAUGHTER of New York, Mr. JENKINS, Mr.
HAYEs of Louisiana, Mr. BUSTAMANTE, Mr. OLIN, Mr. TORRES, Mr.
COYNE, Mr. CARDIN, Mr. TANNER, Mr. SPRATT, Mr. KOLTER, Mr. TOWNS,
Mr. PENNY, Mr. CLEMENT, Mr. SMITH Of Vermont, Mr. MILLER Of Wash-
ington, Mr. SMITH of New Hampshire, Mr. FORD of Tennessee, Mr. JONTZ,
Mr. POSHARD, Mr. PALLONE; Mr. GINGRICH, Mr. DUNCAN, Mr. MOREISON
of Connecticut, Mr. OWENS of Utah, Mr. SCHEUER, Ms. SNOWE, and Mr.
2
Fisc) introduced the following bill; which was referred to the Committee on
Interior and Insular Affairs
A SILL
To establish the American Heritage Trust, for purposes of
enhancing the protection of the Nation's natural, historical,
cultural, and outdoor recreational heritage, and for other
purposes.
1 Be it enacted by the Senate and House of Representa-
2 tives of the United States of America in Congress assembled,
3 SECTION 1. SHORT TITLE.
4 This Act may be cited as the "American Heritage Trust
5 Act of 1989".
6 SEC. 2. FINDINGS, PURPOSE, AND POLICY.
7 (a) FiND1NGS.—The Congress finds that:
8 (1) The United States is a world leader in the
9 protection of natural, historic, cultural, and outdoor
10 recreational heritage and needs to continue to set an
11 example of progressive stewardship of these resources.
12 (2) The natural, historic, cultural, and outdoor
13 recreational resources of the United States represent
14 the great and diverse character of the Nation, and
15 these resources must be guarded, preserved, and wisely
16 managed so they may be passed on to future genera-
17 tions.
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1 (3) The continuing growth of population, especial-
2 ly in suburban and new urban areas; and advances in
3 technology frequently combine to undermine the quan-
4 tity and quality of natural, cultural, and historic re
-
5 sources. These areas are in need of open space acquisi-
6 tion to enhance the quality of life.
7 (4) The United States needs to demonstrate by its
8 own policies and actions'the pressing need to assure
9 the global sustainability of species diversity and health-
10 ful functioning of natural systems which support all life
11 . on the planet.
12 (5) As we liquidate our nonrenewable resource
13 capital assets, we should commit the proceeds to in-
14 vestment in other enduring capital assets to sustain the
15 quality of life and economic opportunity for future
16 generations.
I 17 (6) There is great need and opportunity for all
1.8 levels of government and the private sector to rededi-
19 tate themselves to the preservation of our resources
20 heritage, in order to provide heightened long term eco-
21 nomic viability and to enhance the quality of life for all
22 our Nation's citizens of present and future generations.
23 (7) The United States has a number of unique re-
24 gional lifestyles and communities which are essential
^, 25 components of its socio-cultural heritage and need to
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1 be treated with sensitivity by all levels of Government
2 in any acquisition programs carried out under this Act.
3 (b) PU$Pou.—It is the purpose of this Act to strength-
4 en existing mechanisms for, and provide a renewed dedica-
5 tion to, ensuring significantly enhanced protection and public
6. enjoyment of our Nation's heritage, in perpetuity.
7 (c) POLICY.—It is hereby declared to be the policy of
8 the United States to be a world exemplar of national heritage
9 . stewardship. To advance the achievement of such objective,
10 the President shall submit to the Congress on October 1 of
11 1989, 1993, and 1997, a comprehensive program to be pur-
12 sued in support of this policy.
13 TITLE I-AMERICAN HERITAGE
14 TRUST
15 SEC. 101. CREATION OF TRUST.
16 There is hereby established the American heritage
17 Trust, to be comprised of the Land and Water Conservation
18 Fund and the historic Preservation Fund. The trust shall
19 constitute a principal mechanism for funding the safeguarding
20 of important elements of America's natural, historical, cultur-
21 al, and outdoor recreational heritage, and providing for its
22 use and enjoyment by the public.
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I TITLE II-LAND AND WATER
2 CONSERVATION FUND
3 SEC. 201. AMENDMENT OF ACT.
4 The Land and Water Conservation Fund Act of 1965
5 (16 U.S.C. 4601-44 and following) is amended as provided
6 in this title.
7 SEC. 202. FUND INCOME.
8 Section 2 is amended by striking out the proviso at the
9 end of subsection (c)(2) and by adding the following new sub-
10 section at the end thereof:
11 "(d) TERMINATION OF TRANSFERS TO FUND.—When
12 the balance of the fund reaches 3.5 times the balance existing
13 in the fund as of the date of enactment of the American Her-
14 itage Trust Act of 1989, no additional amount shall be cov-
15 ered into the fund annually under subsection (a), (b), or (c) of
16 this section.".
17 SEC. 203. INTEREST.
18 Section 2 is amended by adding the following new sub-
19 section at the end thereof:
20 "(e) INTEREST.—Effective on the date of enactment of
21 the American Heritage Trust Act of 1989 or October 1,
22 1988, it shall be the duty of the Secretary of the Treasury to
23 invest such portion of the fund as is not required to meet
24 current withdrawals. Such investments shall be in public debt
25 securities with maturities suitable for the needs of such fund
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01IIt 876 IFI
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1 and bearing interest at rates determined by the Secretary of
2 the Treasury, taking into consideration current market yields
3 on outstanding marketable obligations of the United States of
4 comparable maturities. The income on such investments shall
5 be credited to, and form a part of, such fund, except to the
6 extent that such income exceeds the sum of (1)
7 $1,000,000,000 plus (2) the amount determined by the Sec-
8 retary of the Treasury to be necessary to offset the fund's
9 annual loss in value due to inflation. Such excess income
10 shall be credited to the General Fund of the Treasury.".
1.1 SEC. 204. EXPENDITURES FROM FUND.
12 Section 3 is amended to read as follows:
13 "SEC. 3. APPROPRIATIONS.
14 "(a) FUND RECEIPTS AND INTEREST.—(1) Amounts
15 covered into the fund as provided in subsections (a), (b), and
16 (c) of section 2 in any fiscal year are authorized to be appro-
17 priated in the following fiscal year to carry out the purposes
18 of this Act.
19 "(2) In addition to the amounts made available under
20 paragraph (1), interest accruing to the fund as provided in
21 section 2(e),in any fiscal year shall be available for obligation
22 and expenditure thereafter, without further appropriation, to
23 carry out the purposes of this Act,'and such interest shall be
24 obligated in the first fiscal year after the year in which it
25 accrues, subject to such obligation limitations as may be con.-
7 .IIA 019 T[7
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1 tained in annua'. appropriations legislation. From amounts
2 available under this paragraph not more than the following
3 sums may be obligated in fiscal years 1990 and thereafter:
"Obligation Limitation Fiscal Year
$500,000;000 1990
$600,000,000 1991
$700,000,000 1992
$800,000,000 1993
$900,000,000 1994
$1,000,000,000 Alter 1994
4 "(b) PERMANENT FUND.—Amounts credited to the
5 fund in fiscal years beginning before the enactment of the
6 American Heritage Trust Act of 1989 but not appropriated
7 before the end of the first fiscal year beginning after the en-
8 actment of that Act shall remain permanently in the fund and
9 may not be obligated for any purpose. If any portion of the
10 total amount annually covered into the fund in any fiscal year
11 beginning after the enactment of such Act under subsection
12 (a), (b), or (c) of section 2 or from any other source is not
13 appropriated in the following fiscal year (in the case of
14' amounts referred to in subsection (a)(1)) or made available for
15 ' obligation in such following fiscal year (in the case of funds
16 made available under subsection (a)(2)), that portion shall
17 also remain permanently in the fund and may not be obligat-
18 ed or expended for any purpose.
19 "(c) AUTHORITY FOR OBLIGATION OR ExPENDI-
20 TURE.—Moneys-made available for obligation or expenditure
r� •
21 from the fund or from the special accounts established under
YHE 876 IH
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1 section 4(i)(2) may be obligated or expended only as provided
2 for in this Act.".
3 SEC. 205. ALLOCATION OF FUNDS.
4 The second sentence of section 5 is amended to read as
5 follows: "Amounts available for obligation or expenditure
6 from the fund in any fiscal year pursuant to paragraphs (1)
7 and (2) of section 3(a) shall be allocated in that year pursuant
8 to annual appropriations legislation as follows: at least 30
9 percent for Federal purposes, at least 30 percent for State
10 purposes (other than State trusts under section 6Q)), at least
11 10 percent for Urban Park and Recreation Recovery Act
12 purposes (title X of Public Law 95-625), and, during the 10
13 fiscal year period beginning October 1, 1990, at least 10 per-
14 cent for State trusts under section 6(). The remainder shall
15 be allocated for any of such purposes or any combination
16 thereof.".
17 SEC. 206. FINANCIAL ASSISTANCE TO STATES.
18 (a) PASS THROUGH TO LOCAL ENTITIES.—In section
19 6(a), at the end of the first sentence, add the following:
20 "Absent some compelling and annually documented reason to
21 the contrary acceptable to the Secretary, each State (other
22 than.an area treated as a State under section 6(b)(5)) shall
23 make available as grants to local governments and other
24 qualifying recipients, at least one-half of the average annual
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1 State apportionment, or an equivalent amount made available
2 from other sources.".
3 (b) MA_XLMUM POTENTIAL APPORTIONMENT AND
4 PROJECT LISTS.—Section 6(b) is amended by adding the fol-
5 lowing new paragraphs at the end thereof:
6 "(6) Annually on April 1, the Secretary shall
7 notify each State of a potential apportionment (calcu-
8 lated as the average of the last 3 wears of apportion-
9 ments) it could receive for the fiscal year beginning on
10 October 1 of the following year. In order to receive
11 any apportionment for the fiscal year concerned, the
12 Governor of each State must submit to the Secretary a
13 statewide listing of potential projects likely to be
14 funded based on no less than 150 percent of such po-
15 tential apportionment. The statewide listing shall be
16 submitted not later than January 1 following the April
17 . 1 date of such notification by the Secretary. Such list-
18 ing shall not indicate priorities. It shall be comprised of
19 specific named projects, by county of location, with as-
20 sociated estimated dollar totals by county. The devel-
21 opment of such county lists must incorporate ample op=
22 portunity for public participation in accordance with
23 the provisions of subsection (d). The Secretary shall
24 transmit by no later than February 1 a compilation of
25 such annual lists for all States to the authorizing and
10
1 appropriation committees of the United States House
2 of Representatives and the United States Senate which
3 have jurisdiction over the fund.
4 "(7) CONTRIBUTIONS BY PRIVATE OR NONPROF-
5 IT ORGANIZATIONS OR SOURCES.-5 percent of the
6 funds apportioned to each State for each fiscal year
7 shall be used only for purposes of projects in which not
8 less than 10 percent of the State or local share of the
9 project cost is provided by private or nonprofit organi-
10 zations or sources. Any portion of such 5 percent not
11 paid or obligated in such fiscal year shall be reappor-
12 tioned in the same manner as provided in paragraph (4)
13 of this subsection.".
14 (C) MATCHING REQUIREMENTS.-111 the first SeriteriCe
15 of section 6(c), change the period to a comma and add the
16 followings "except as otherwise provided in this subsection
17 and subsection (h). Payments to States may cover not more
18 than 75 percent of the cost of acquisition of lands, waters.,
19 and interests therein which (1) are within the boundaries of
20 units of the Wild and Scenic Rivers System, or (2) are within
21 designated corridors of scenic or historic trail components of
22 the National Trails System, or (3) have been designated by
23 the Secretary of the Interior as national historic landmarks or
24 national natural landmarks.".
6H1t 876 nl
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1 (d) $ESOtMCE INVENTORIES.—In section 6(d)(2) before
2 the semicolon insert ", based on the development of
3 detailed, comprehensive, and continually updated resource in-
4 ventories".
5 (e) PRIVATE NONPROFIT ORGANIZATIONS.—Para-
6 graph (2) of section 6(f) is amended by striking out the period
7 at the end thereof and inserting the following: ", including
8 private, nonprofit organizations, and funds may also be trans-
9 ferred from political subdivisions or other appropriate public
10 agencies to private nonprofit organizations, if such private
11 nonprofit organizations (1) meet and comply with such guide-
12 lines for the receipt and use of such funds as may be pre-
13 scribed by the Secretary, including providing full accountabil-
14 itv for the use of such funds, and (2) utilize such funds only in
y
15 association with the acquisition of lands, the development of
16 facilities, or for programs related to planning and coordina-
17 tion functions, all as approved in writing by the funds grant-
18 or. No such funds may be used by a private nonprofit organi-
19 zation for administrative expenses. In the case of the utiliza-
20 tion of such funds for acquisition, the recipient organization
21 shall itself hold, or shall convey in perpetuity in a timely
22 manner, such interest as it may have to an appropriate recip-
23 ient, as determined to be appropriate by the funds grantor,
24 for public benefit. It is the intent of Congress that such
25 grants received and utilized by private nonprofit organiza-
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1 tions will result in a greater public benefit from such expendi-
2 ture than would the utilization of those same funds by gov-
3 ernmental entities. For purposes of this paragraph, the term
4 `private nonprofit organization' means an organization quali-
5 fled for exemption from income taxes under section 501(c)(3)
6 of the Internal Revenue Code of 1986 which includes among
7 its purposes the conservation of open space or the providing
8 of, or enhancement or protection of, outdoor recreation
9 opportunities.".
10 (f) ADDITIONAL PROVISIONS.-Section 6 is amended by
11 adding the following new subsections at the end thereof:
12 "(h) LocAL PLANNING AssisTAxcE.—Notwithstand- J
13 ing the provisions of subsection (c), any county or other polit-
14 ical subdivision of a State which is qualified to be a recipient
15 of funds from this Act for acquisition purposes, may receive
16 for a period terminating 5 years after the enactment of the
17 American Heritage Trust Act of 1989, funds to cover not
18 more than 50 percent of the cost of developing a local plan,
19 or revising an existing plan, to retain land for recreation and
20 conservation purposes. Such plan shall address specific needs
21 and priorities for land conservation and recreation develop-
22 ment. Such plan shall be developed or revised by providing
23 ample opportunity for public participation in accordance with
24 the provisions of subsection (d). Following official adoption of
i
I� 25 such plan and through September 30, 1996, such county or
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1 other governmental entity may receive funds to cover not
2 more than 60 percent of the cost of the acquisition of lands,
3 waters, or interests therein in accordance with the provisions
4 of such officially adopted plan. The Secretary of the Interior
5 shall promulgate regulations specifying what characteristics
j 6 shall qualify a plan as eligible for assistance under this sub-
7 section and defining the cooperative relationships that should
8 exist between local plans and comprehensive State plans pro-
9 vided for in subsection (d).
10 "(i) URBAN PARK AND RECREATION RECOVERY PRO-
11 GRAM.—Such funds as are indicated in section 5 for alloca-
C' 12 tion to the Urban Park and Recreation Recoveryprogram
P b'aam'
13 shall be made available to the Secretary for utilization.to the
14 extent authorized in accordance with the provisions of the
15 Urban Park and Recreation Recovery Act of 1978 (title X of
16 Public Law 95-625).
17 STATE TRUSTS.-
18 "(1) USE OF FUNDS.—During the 10 fiscal year
19 period beginning October 1, 1990, amounts made
20 available under section 5 for State trusts shall be used
21 for the sole purpose of incorporation into a State legis-
22 latively established trust corpus. Such corpus shall be
23 permanently unavailable to appropriation or expendi-
24 ture for any purpose and must be prudently invested.
25 That portion of the interest derived from the invest-
14
1 ment of Federal and State matching funds may be uti-
2 lized by the State only for projects related to the pur-
3 poses of the Land and Water Conservation Fund or
4 the Urban Parks and Recreation Recovery Act, includ-
5 mg. the preservation in perpetuity of open space (in-
6 cluding farmland and forest land) where such preserva-
7 tion is
-
8 "(A) for the scenic enjoyment of the general
9 public; or
10 "(B) pursuant to a clearly delineated Feder-
11 al, State, or local governmental conservation
12 policy,
13 and will yield a significant public benefit. In selecting
14 projects for funding under this subsection, the States
15 are encouraged to pursue the preservation of open
16 space within or near urban and suburban areas. No
17 part of such interest may be used to satisfy any other
18 matching funds requirement contained in this or any
19 other Act. The Secretary shall promulgate regulations
20 to govern the administration of the provisions of this
21 subsection. Violation by a State recipient of anv part of
22 this subsection or of the governing regulations promul-
23 gated by the Secretary shall constitute reason for dis=
24 qualification for any future reciept of matching funds
i. 25 provided pursuant to this subsection.
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1 "(2) ALLOCATION AMONG STATES.—Amounts
2 made available under section 5 for State trusts shall be
3 allocated among the States in the same. manner as the
4 apportionment of funds under subsection (b) of this
5 section.
6 "(3) MATCHING FUNDS REQUIREMENT.-
7 Amounts made available under section 5 for State
8 trusts shall be available to each State, only to the
9 extent annually matched dollar for dollar with non-
10 Federal funds. Amounts available to the States under
11 section 5 for State trusts which are not so matched in
12 any year shall remain permanently in the fund in ac-
13 cordance with section 3(b).".
14 (g) INDIAN TRIBES AND ALASKA NATIVE VILLAGE
15 CORPORATIONS.—Section 6(b)(5) is amended by inserting
16 "(A)" after "(5)" and by adding, the following at the end
17 thereof:
18. "(B) For purposes of paragraph (1), federally recognized
19 Indian tribes and Alaska Native Village Corporations (as de-
20 fined in section 3() of the Alaska Native Claims Settlement
21 Act (43 U.S.C. 1602()) shall be treated collectively as one
22 State and shall receive shares of the apportionment under
23 paragraph (1) in accordance with a competitive grant pro-
24 gram established by the Secretary by rule. Such rule shall
25 assure that no single tribe or village corporation receives
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1 funds under such program in any fiscal year which exceeds
2 10 percent of the total amount made available in that fiscal
3 year to all tribes and village corporations pursuant to the
4 apportionment under paragraph (1). Funds received by an
5 Indian tribe or village corporation under this subparagraph
6 may be expended only for the purposes specified in subsection
7 (a) (1) and (3)."
8 SEC. 207. ALLOCATION OF MONEYS FOR FEDERAL PURPOSES.
9 (a) ACQUISITION PRIORITIES.—Section 7 is amended
10 by adding the following new subsections at the end thereof:
11 "(d) ACQUISITION PRIORITIES.—The head of each
12 agency having jurisdiction over public lands which are eligi-
13 ble to receive funds from this Act shall develop and transmit
14 to the relevant authorizing and appropriation committees of
15 the United States House of Representatives and the United
16 States Senate by October 1 of each year, a detailed and com-
17 prehensive land acquisition priority list, by indicated manage-
18 ment units or programs or both. Each agency priority list
19 shall comprise a funding level of not less than 150 percent of
20 the average of the 3 previous years' appropriations author-
21 ized under this Act for such agency. Priorities shall be based
22 on such factors as important or special attributes of the re-
23 source, threat to resource integrity, timely availability, owner
24 hardship, cost escalation, public recreation use values and
{
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1 similar considerations. An explanation of the criteria utilized
2 for the development of such list shall be included.
3 (b) PRIOR ACQUISITION AUTHORIZATIONS:—Section
4 7(a) is amended by adding the following new paragraph at
5 the end thereof:
6 "(4) At least 33 percent of the funds provided under this
7 section for acquisition of land, waters, or interests in land or
8 waters shall be made available to acquire land, waters, and
9 interests therein authorized for acquisition prior to enactment
10 of the American Heritage Trust Act of 1988 and such acqui-
11 sitions shall receive priority before acquisitions authorized
12 after enactment of such Act, except to the extent that,emer-
13 gency situations or hardships may otherwise require.".
14 SEC..208. REPEAL OF PUBLICITY AND SIGNING PROVISIONS.
15 Section 8 is repealed.
16 TITLE III-HISTORIC
17 PRESERVATION FUND
18 SEC. 301. AMENDMENT OF NATIONAL 11STORIC PRESERVA-
19 TION ACT.
20 The National Historic Preservation Act (16 U.S.C.
21 4501-4 and following) is amended as provided in this title.
22 SEC. 302. EXTENSION OF HISTORIC PRESERVATION FUND.
23 Section 108 is amended by inserting "(a)" after "SEC.
24 108." and changing "1992" to "2015".
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1 SEC. 303. INCOME AND EXPENDITURES.
2 Section 108 is amended by striking out the last sentence
3 thereof and by adding the following new subsections:
4 "(b) When the balance of the fund reaches an amount
5 equal to 5 times the balance existing in the fund as of the
6 enactment of the American Heritage Trust Act of 1989, no
7 additional amount shall be covered into the fund annually
8 under subsection (a) of this section except to the extent deter-
9 mined by the Secretary of the Treasury to be necessary to
10 offset the fund's annual loss in value due to inflation.
11 "(c) Effective on the enactment of the American Herit-
12 age Trust Act of 1989, it shall be the duty of the Secretary
13 of the Treasury to invest such portion of the fund as is not — '
14 required to meet current withdrawals. Such investments shall
15 be in public debt securities with maturities suitable for the
16 needs of such fund and bearing interest at rates determined
17 by the Secretary of the Treasury, taking into consideration
18 current market yields on outstanding marketable obligations
19 of the United States of comparable maturities. The income of
20 such investments shall be credited to, and form a part of,
21 such fund.
22 "(d)(1) Amounts covered into the fund as provided in
23 subsection (a) in any fiscal year are authorized to be appro-
24 priated in the following fiscal year to carry out the purposes
25 of this Act. �.._.1
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1 "(2) Interest accruing to the fund as provided in subsec-
2 tion (c) in any fiscal year shall be available for obligation or
3 expenditure in the following fiscal year without further ap-
4 propriation, subject to obligation limitations, to carry out the
5 purposes of this Act.
6 "(3) At least 30 percent of the funds made available
7 under subsections (d)(1) and (d)(2) shall be used for the pres-
8 ervation of properties as provided for in section 101(d)(1),
9 section 101(d)(3) and section 104 of this Act.
10 "(e) Amounts covered into the fund in fiscal years begin-
11 ning before the enactment of the American Heritage Trust
12 Act of 1989 but not expended before the end of the first fiscal
13 year beginning after such enactment shall remain permanent-,
14 ly in the fund and may not be obligated or expended for any
15 purpose. If any .portion of the total amount annually covered
16 into the fund under subsection (a) or from any other source in
17 any fiscal year beginning after the enactment of such Act is
18.. not appropriated in the following fiscal year (in the case of
19 amounts referred to in subsection (d)(1)) or obligated in such
20 following fiscal year (in the case of amounts referred to in
21 subsection (d)(2)), that portion shall also remain permanently
22 in the fund and may not be obligated or expended for any
23 purpose.".
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1 SEC. 304. ALLOCATION OF GRANTS.
2 Section 101(d) is amended by adding a new paragraph
3 as follows:
4. "(4) In addition to any other purposes set forth in
5 this subsection not more than 10 percent of the
6 amounts made available to States under this subsection
7 pursuant to section 108(d)(2) may also be used, to the
8 extent annually matched dollar for dollar, for the sole
9 purpose of incorporation into a State legislatively es-
10 tablished trust corpus. Such corpus shall be permanent-
11 ly unavailable to appropriation or expenditure for any
12 purpose and must be prudently invested. That portion
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13 of the interest derived from the investment of Federal
14 and State matching funds may be utilized by the State
15 only for projects similar to those for which Historic
16 Preservation Fund moneys are eligible to be used. No
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17 part of any such interest may be used to satisfy any
j18 matching requirement under this or any other Act. The
19 Secretary shall promulgate regulations to govern the
20 administration of the provisions of this subsection. Vio-
21 lation by a State recipient of any part of this subsec-
22 tion or of the governing regulations promulgated by the
23 Secretary shall constitute reason for disqualification for
24 any future receipt of matching funds provided pursuant
25 to this subsection. Any portion of the 10 percent made
26 available in any fiscal year for purposes of this para- /f/
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1 graph which is not used in that fiscal year for such
2 purposes shall be available in subsequent fiscal years
3 for purposes of assistance to States under this sub
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4 section.".
5 TITLE IV-MISCELLANEOUS
6 PROVISIONS
7 SEC. 401. SIGNING.
8 (a) STANDARD SIGNS.—`Vhere not inconsistent with
9 applicable law or regulations, the administrator or owner of
10 any site benefiting from moneys derived from the American
1.1 Heritage Trust shall install at or near an appropriate en-
12 trance or public use focal point, permanent standardized sign-
13 ing indicating that the site's existence or, development, or
14 both, is a product of funding derived from the American Her-
15 itage Trust. If additional moneys from the trust are thereafter
16 expended on the same site or project, temporary signing shall
17 be added to the permanent signing to indicate the amount
19 `and-nature of the additional assistance. The Secretary of the
19 Interior shall provide for the design of standardized signs and
20 shall prescribe standards and guidelines for the application of
21 such signing. Such standards and guidelines shall indicate
22 those circumstances when the requirements of this section
23 may be waived in whole or in part if the placing of signs
24 would be inappropriate or would create a risk of harm to the
25 site or the natural or cultural resources located on or within
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1 the site. Nothing in this section shall permit or require the
2 placing of signs at any site where such placement would be
3 prohibited or restricted by any other applicable law or regula-
4 tions.
5 (b) DESIGN CONTEST.—The Secretary of the Interior
6 shall provide for the conduct of, and shall conclude within 18
7 months of the date of enactment of this Act, a voluntary
8 contest for children enrolled in elementary or secondary
9 schools for the design of a symbol to represent the American
10 Heritage Trust for use related to the signing provision of
11 subsection (a). The Secretary shall establish guidelines for
12 the broad participation by children throughout the Nation.
13 Following selection of the winning design the Secretary may --
14 make such modifications or refinements in the design as he
15 deems appropriate for purposes of subsection (a). The Secre-
16 tary of the Interior may utilize funds appropriated for Federal
17 purposes from the Land and Water Conservation Fund for
18 the conduct of such contest, and shall provide for appropriate
19 recognition of, and awards for, the contest winner and run-
20 ners-up. No Federal funds shall be available for direct mone-
21 tary awards for the contest winner or runners-up.
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