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HR 1517 IH

To amend the Land and Water Conservation Fund to limit the use of funds available from the Land and Water Conservation Fund Act of 1965 to use for maintenance.

March 31, 2003

Mr. GRAVES (for himself, Mr. STEARNS, Mr. BARTLETT of Maryland, Mr. GIBBONS, Mr. OTTER, Mr. THORNBERRY, and Mr. CANNON) introduced the following bill; which was referred to the Committee on Resources, and in addition to the Committee on Agriculture, 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

To amend the Land and Water Conservation Fund to limit the use of funds available from the Land and Water Conservation Fund Act of 1965 to use for maintenance.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Land Reinvestment Act'.

SEC. 2. LIMITATION ON USE OF FUNDS FROM LAND AND WATER CONSERVATION FUND.

The Land and Water Conservation Fund Act of 1965 is amended--

(1) in section 1(b)(2) (16 U.S.C. 460l-4(b)(2)) by striking `acquisition and development' and inserting `maintenance';

(2) in section 5 (16 U.S.C. 460l-7) in the last sentence, in the text preceding paragraph (1), by striking `acquisition' and inserting `maintenance';

(3) in section 7(a) (16 U.S.C. 460l-9(a))--

(A) in the matter preceding paragraph (1) by inserting `for maintenance' after `otherwise allotted';

(B) in paragraph (1)--

(i) in the matter preceding the first undesignated paragraph by striking `For the acquisition' and inserting `For the maintenance';

(ii) by amending the second undesignated paragraph to read as follows:

`NATIONAL FOREST SYSTEM- Wilderness areas of the National Forest System, and other areas of national forests that are primarily of value for outdoor recreation.'; and

(iii) by amending the third undesignated paragraph to read as follows:

`NATIONAL WILDLIFE REFUGE SYSTEM- Federal lands that are acquired for endangered species and threatened species under section 5(a) of the Endangered Species Act of 1973; areas acquired under section 2 of the Act of September 28, 1962 (16 U.S.C. 460k-1); national wildlife refuge areas acquired under section 7(a)(5) of the Fish and Wildlife Act of 1956 (16 U.S.C. 742f(a)(4)), and wetlands acquired under section 304 of the Emergency Wetlands Resources Act of 1986; and any areas acquired for the National Wildlife Refuge System by specific Acts.'; and

(C) by striking paragraph (3);

(4) in subsection (b) of section 7 (16 U.S.C. 460l-9(b)) by striking `unless' and all that follows through the end of the subsection and inserting a period;

(5) by striking subsection (c) of section 7 (16 U.S.C. 460l-9(c)); and

(6) by striking sections 9 and 10 (16 U.S.C 460l-10a and 460l-10b).

SEC. 3. REQUIREMENT TO REDUCE BACKLOGGED MAINTENANCE.

The head of each covered landholding agency shall--

(1) by not later than the end of the 5-fiscal-year period beginning on the date of the enactment of this Act, reduce by at least 20 percent the dollar value of backlogged maintenance that exists on the date of the enactment of this Act with respect to lands under the administrative jurisdiction of the agency; and

(2) by not later than the end of each 5-fiscal-year period thereafter, reduce the dollar value of backlogged maintenance that exists on the first day of that period with respect to lands under the administrative jurisdiction of the agency, by an amount that is equal to or greater than the sum of--

(A) 20 percent of the dollar value of backlogged maintenance that exists on the date of the enactment of this Act with respect to such lands;

(B) the amount of any reduction in backlogged maintenance previously required under this section that has not been carried out; and

(C) any additional backlogged maintenance that arose on or after the date of the enactment of this Act and that has not been carried out.

SEC. 4. REPORTS ON REDUCTION OF BACKLOGGED MAINTENANCE.

(a) IN GENERAL- The head of each covered landholding agency shall publish and submit reports to the Congress that--

(1) document the progress made by the agency in reducing backlogged maintenance with respect to lands under the administrative jurisdiction of the agency, including a statement of--

(A) the dollar value of the reduction in backlogged maintenance that has been achieved by the agency in the 5-fiscal-year period covered by the report;

(B) whether or not the agency, in the 5-fiscal-year period covered by the report, has achieved the reduction in backlogged maintenance required to be achieved by the agency under section 3 for that period; and

(C) the amount (if any) by which the dollar value stated in subparagraph (A) is less than the amount of reduction in backlogged maintenance that is required to be achieved by the agency under section 3;

(2) include a prioritized list of construction, deferred maintenance, and regular maintenance projects the agency must carry out in order to achieve reductions in backlogged maintenance required under section 3; and

(3) include a plan for carrying out such projects over the next 5 fiscal years.

(b) TIMING OF REPORTS- The head of a covered landholding agency--

(1) shall publish and submit the first report under this section by not later than 30 days after the end of the first 5-fiscal-year period beginning after the date of the enactment of this Act; and

(2) shall publish and submit subsequent reports under this section by not later than 30 days after the end of each subsequent 5-fiscal-year period thereafter until all backlogged maintenance has been completed with respect to lands under the administratieve jurisdiction of the agency.

(c) FINAL REPORT- Not later than December 31 of the year in which all backlogged maintenance has been completed with respect to lands under the administratieve jurisdiction of a covered landholding agency, the head of the agency shall submit to the Congress a final report that, in detail--

(1) prioritizes lands that are owned by the Federal Government and under the administrative jurisdiction of the agency, based on the success of programs of the agency that relate to such lands;

(2) describes a system of regular maintenance that is required with respect to such lands; and

(3) includes a prioritized list of capital improvement projects for such lands.

SEC. 5. PRIORITIZATION OF LANDS.

Not later than 4 years after the date of the enactment of this Act, the head of each covered landholding agency shall submit to the Congress a report that prioritizes lands that are owned by the Federal Government and under the administrative jurisdiction of the agency, from highest to lowest priority in the order of their importance to the success of programs carried out by the agency.

SEC. 6. DEFINITIONS.

In this Act:

(1) BACKLOGGED MAINTENANCE- The term `backlogged maintenance'--

(A) means the total dollar value of regular maintenance, deferred maintenance, and capital improvement to be carried out with respect to lands under the administrative jurisdiction of a covered landholding agency that has not been completed; and

(B) is deemed to be, on the date of the enactment of this Act--

(i) $354,000,000 with respect to lands under the administrative jurisdiction of the Bureau of Land Management;

(ii) $1,500,000,000 with respect to lands under the administrative jurisdiction of the United States Fish and Wildlife Service;

(iii) $7,300,000,000 with respect to lands under the administrative jurisdiction of the Forest Service; and

(iv) $5,400,000,000 with respect to lands under the administrative jurisdiction of the National Park Service.

(2) COVERED LANDHOLDING AGENCY- The term `covered landholding agency' means each of--

(A) the Bureau of Land Management;

(B) the United States Fish and Wildlife Service;

(C) the Forest Service; and

(D) the National Park Service.

(3) MAINTENANCE- The term `maintenance' means the upkeep of real property, including capital improvement and development.

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