Get Outdoors Act of 2004 - Establishes the Get Outdoors Act Fund (GOAF) in the U.S. Treasury.
Sets forth formulas and related requirements for allocating GOAF amounts: (1) to coastal States with approved Coastal State Conservation and Impact Assistance Plans, as required by this Act; (2) to the Land and Water Conservation Fund (LWCF) for Federal and State purposes (amends the Land and Water Conservation Fund Act of 1965); (3) for entitlement land and migratory bird refuge revenue sharing payments; (4) for Federal and Indian lands enhancement; (5) to the Wildlife Conservation and Restoration Planning program (amends the Pittman-Robertson Wildlife Restoration Act); (6) to develop and implement Imperiled Wildlife and Rare Plant Recovery Agreements, as defined in this Act; (7) to carry out the Urban Park and Recreation Recovery Act of 1978; and (8) for historic preservation purposes (amends the National Historic Preservation Act and the National Maritime Heritage Act of 1994).
Requires congressional approval for use of the Federal portion of LWCF amounts.
Authorizes each State to define priorities and criteria for the selection of projects eligible for grants under this Act if: (1) consistent with this Act; (2) the State provides for public involvement; and (3) the State publishes a State Action Agenda for Community Conservation and Recreation (replacing the current State Plan).
Requires the Secretaries of the Interior and Agriculture to develop a plan for acquisition and disposal of land in Montana to consolidate forest reserves.
[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4100 Introduced in House (IH)]
108th CONGRESS
2d Session
H. R. 4100
To establish a permanent trust fund to get Americans outdoors by
providing access to parks and recreation areas in urban and rural
communities, preservation of historic places, and promotion of healthy
and active lifestyles, and to provide for hunting, angling, and
wildlife viewing for the people of the United States.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 31, 2004
Mr. George Miller of California (for himself and Mr. Young of Alaska)
introduced the following bill; which was referred to the Committee on
Resources
_______________________________________________________________________
A BILL
To establish a permanent trust fund to get Americans outdoors by
providing access to parks and recreation areas in urban and rural
communities, preservation of historic places, and promotion of healthy
and active lifestyles, and to provide for hunting, angling, and
wildlife viewing for the people of the United States.
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 ``Get Outdoors Act of 2004''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this division is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Definitions.
Sec. 4. Annual reports.
Sec. 5. Get Outdoors Act Fund.
Sec. 6. Limitation on use of available amounts for administration.
Sec. 7. Recordkeeping requirements.
Sec. 8. Maintenance of effort and matching funding.
Sec. 9. Sunset.
TITLE I--ASSISTING COASTAL COMMUNITIES AND RECOVERING FISHERIES
Sec. 101. Community assistance formula and payments.
Sec. 102. Coastal state conservation and impact assistance plans.
TITLE II--IMPROVING PUBLIC LANDS AND STRENGTHENING RURAL COMMUNITIES
Subtitle A--Improving Public Lands
Sec. 201. Amendment of Land and Water Conservation Fund Act of 1965.
Sec. 202. Extension of Fund; treatment of amounts transferred from Get
Outdoors Act Fund.
Sec. 203. Availability of amounts.
Sec. 204. Allocation of fund.
Sec. 205. Allocation of amounts available for State purposes.
Subtitle B--Strengthening Rural Communities
Sec. 211. Purpose.
Sec. 212. Treatment of amounts transferred from Get Outdoors Act Fund.
Subtitle C--Federal and Indian Lands Enhancements
Sec. 221. Purpose.
Sec. 222. Treatment of amounts transferred from Get Outdoors Act Fund;
allocation.
Sec. 223. Authorized uses of transferred amounts.
Sec. 224. Indian tribe defined.
TITLE III--CONSERVING AND RESTORING WILDLIFE
Sec. 301. Purpose.
Sec. 302. Technical correction.
Sec. 303. Treatment of amounts transferred from Get Outdoors Act Fund.
Sec. 304. Apportionment to Indian tribes.
Sec. 305. Existing appropriations not affected.
TITLE IV--INVOLVING COMMUNITIES AND SCIENTIFICALLY MANAGING IMPERILED
WILDLIFE AND RARE PLANTS
Sec. 401. Purposes.
Sec. 402. Treatment of amounts transferred from Get Outdoors Act Fund.
Sec. 403. Imperiled wildlife and rare plant recovery.
Sec. 404. Imperiled Wildlife and Rare Plant Recovery Agreements.
Sec. 405. Definitions.
TITLE V--INCREASING PARK AND RECREATION ACCESS
Subtitle A--Urban Parks and Recreation
Sec. 501. Amendment of Urban Park and Recreation Recovery Act of 1978.
Sec. 502. Purpose.
Sec. 503. Treatment of amounts transferred from Get Outdoors Act Fund.
Sec. 504. Authority to develop new areas and facilities.
Sec. 505. Definitions.
Sec. 506. Eligibility.
Sec. 507. Grants.
Sec. 508. Recovery action programs.
Sec. 509. State action incentives.
Sec. 510. Conversion of recreation property.
Sec. 511. Repeal.
Subtitle B--Historic Preservation Fund
Sec. 521. Treatment of amounts transferred from Get Outdoors Act Fund.
Sec. 522. State use of historic preservation assistance for national
heritage areas and corridors.
Sec. 523. Funding for maritime heritage programs.
TITLE VI--COLLABORATING WITH LOCAL COMMUNITIES AND PROTECTING PRIVATE
PROPERTY OWNERS
Subtitle A--U.S. Treasury protections
Sec. 601. Signs.
Subtitle B--Private Property Rights Protections
Sec. 611. Protection of private property rights.
Sec. 612. Use of Federal portion (note--this is specific to title II
subtitle A--Federal LWCF).
Sec. 613. Water rights.
Subtitle C--Local Government Involvement
Sec. 621. State planning.
Sec. 622. Assistance to States for other projects.
Sec. 623. Conversion of property to other use.
Sec. 624. Requirements for acquisition of lands in Montana with Federal
portion.
SEC. 3. DEFINITIONS.
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 of 1972 (16 U.S.C. 1451 et seq.).
(2) The term ``coastal political subdivision'' means a
political subdivision of a coastal State all or part of which
political subdivision is within the coastal zone (as defined in
section 304 of the Coastal Zone Management Act of 1972 (16
U.S.C. 1453)).
(3) The term ``coastal State'' has the same meaning as
provided by section 304 of the Coastal Zone Management Act of
1972 (16 U.S.C. 1453).
(4) The term ``coastline'' has the same meaning that it has
in the Submerged Lands Act (43 U.S.C. 1301 et seq.).
(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 et seq.), the
Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669 et
seq.), the Urban Park and Recreation Recovery Act of 1978 (16
U.S.C. 2501 et seq.), or the National Historic Preservation Act
(16 U.S.C. 470h et seq.).
(8) The term ``Indian tribe''--
(A) except as provided in subparagraph (B), means
any federally recognized Indian tribe; and
(B) in the case of Alaska, means only a Native
corporation, as that term is defined in section 3 of
the Alaska Native Claims Settlement Act (43 U.S.C.
1602).
(9) The term ``leased tract'' means a tract, leased under
section 6 or 8 of the Outer Continental Shelf Lands Act (43
U.S.C. 1335, 1337) for the purpose of drilling for, developing,
and producing oil or 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.
(10) 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.
(11) 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 Act.
(12) 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, 2001 (unless the lease
was issued prior to the establishment of the moratorium and was
in production on January 1, 2001).
(13) 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, 2001, unless the lease was
issued prior to the establishment of the moratorium and was in
production on January 1, 2001.
(14) The term ``Secretary'' means the Secretary of the
Interior or the Secretary's designee, except as otherwise
specifically provided.
(15) The term ``Fund'' means the Get Outdoors Act Fund
established under section 5.
SEC. 4. ANNUAL REPORTS.
(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 of
the Interior. The report shall include, in accordance with regulations
prescribed by the Secretary, 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
by the Governor regarding any portion of such moneys.
(b) Report to Congress.--On January 1 of each year the Secretary of
the Interior shall submit an annual report to the Congress documenting
all moneys expended by the Secretary of the Interior from the Fund
during the previous fiscal year and summarizing the contents of the
Governors' reports submitted to the Secretary under subsection (a).
SEC. 5. GET OUTDOORS ACT FUND.
(a) Establishment of Fund.--There is established in the Treasury of
the United States a fund which shall be known as the ``Get Outdoors Act
Fund''. In each fiscal year after the fiscal year 2004, the Secretary
of the Treasury shall deposit into 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 $3,125,000,000 and the amounts deposited in
the Fund under paragraphs (2) and (3), 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).
(b) Transfer for Expenditure.--In each fiscal year after the fiscal
year 2005, the Secretary of the Treasury shall transfer amounts
deposited into 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.
(2) To the Land and Water Conservation Fund for expenditure
as provided in section 3(a) of the Land and Water Conservation
Fund Act of 1965 (16 U.S.C. 460l-6(a)), as amended by subtitle
A of title II of this Act, such amounts as are necessary to
make the income of the fund $900,000,000 in each such fiscal
year.
(3) $350,000,000 to the Federal aid to wildlife restoration
fund established under section 3 of the Pittman-Robertson
Wildlife Restoration Act (16 U.S.C. 669b), as amended by title
III of this Act.
(4) $125,000,000 to the Secretary of the Interior to carry
out the Urban Park and Recreation Recovery Act of 1978 (16
U.S.C. 2501 et seq.), as amended by subtitle A of title V of
this Act.
(5) $160,000,000 to the Secretary of the Interior for
historic preservation purposes, of which--
(A) $150,000,000 shall be used to carry out the
National Historic Preservation Act (16 U.S.C. 470 et
seq.), as amended by subtitle B of title V of this Act;
and
(B) $10,000,000 shall be used to carry out the
National Maritime Heritage Act of 1994 (16 U.S.C. 5401
et seq.), as amended by that subtitle.
(6) $200,000,000 to the Secretary of the Interior and the
Secretary of Agriculture to carry out subtitle C of title II of
this Act.
(7) $50,000,000 to the Secretary of the Interior to develop
and implement Imperiled Wildlife and Rare Plant Recovery
Agreements under title IV of this Act.
(8) $350,000,000 to the Secretary of the Interior to carry
out subtitle B of title II of this Act.
(c) Shortfall.--If amounts referred to in paragraphs (1) through
(3) of subsection (a) in any fiscal year after the fiscal year 2004 are
less than $3,125,000,000, the amounts transferred under paragraphs (1)
through (8) of subsection (b) for that fiscal year shall each be
reduced proportionately.
(d) Interest.--The Secretary of the Treasury shall invest moneys in
the Fund (including interest), and in any fund or account to which
moneys are transferred pursuant to subsection (b) of this section, 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. Such invested
moneys shall remain invested until needed to meet requirements for
disbursement for the programs financed under this Act.
(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, refunds
shall be paid by the Secretary of the Treasury from amounts available
in the Fund to the extent that such refunds are attributable to
qualified Outer Continental Shelf revenues deposited in the Fund under
this Act.
(f) Intent of Congress to Supplement Annual Appropriations for
National Park Service.--Amounts made available by this Act are intended
by the Congress to supplement, and not detract from, annual
appropriations for the National Park Service.
SEC. 6. LIMITATION ON USE OF AVAILABLE AMOUNTS FOR ADMINISTRATION.
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 section 4(c)(3) of the Pittman-Robertson Wildlife Restoration
Act (16 U.S.C. 669c(c)(3)).
SEC. 7. RECORDKEEPING REQUIREMENTS.
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 funds 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.
SEC. 8. MAINTENANCE OF EFFORT AND MATCHING FUNDING.
(a) In General.--It is the intent of the Congress in this Act that
States not use this Act as an opportunity to reduce State or local
resources for the programs funded by this Act. 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 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.
(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--
(1) is attributable to a nonselective reduction in
expenditures for the programs of all executive branch agencies
of the State or local government; or
(2) is a result of reductions in State or local revenue as
a result of a downturn in the economy.
(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.
SEC. 9. SUNSET.
This Act, including the amendments made by this Act, shall have no
force or effect after September 30, 2024.
TITLE I--ASSISTING COASTAL COMMUNITIES AND RECOVERING FISHERIES
SEC. 101. COMMUNITY ASSISTANCE FORMULA AND PAYMENTS.
(a) Impact Assistance Payments to States.--
(1) Grant program.--Amounts transferred to the Secretary of
the Interior from the Get Outdoors Act Fund under section
5(b)(1) of this Act for purposes of making payments to coastal
States under this title in any fiscal year shall be allocated
by the Secretary of the Interior among coastal States as
provided in this section in each such fiscal year. In each such
fiscal year, the Secretary of the Interior shall, without
further appropriation, disburse such allocated funds to those
coastal States for which the Secretary has approved a Coastal
State Conservation and Impact Assistance Plan as required by
this title. Payments for all projects shall be made by the
Secretary to the Governor of the State or to the State official
or agency designated by the Governor or by State law as having
authority and responsibility to accept and to administer funds
paid hereunder. No payment shall be made to any State until the
State has agreed to provide such reports to the Secretary, in
such form and containing such information, as may be reasonably
necessary to enable the Secretary to perform his duties under
this title, and provide such fiscal control and fund accounting
procedures as may be necessary to assure proper disbursement
and accounting for Federal revenues paid to the State under
this title.
(2) Failure to have plan approved.--At the end of each
fiscal year, the Secretary shall return to the Get Outdoors Act
Fund any amount that the Secretary allocated, but did not
disburse, in that fiscal year to a coastal State that does not
have an approved plan under this title before the end of the
fiscal year in which such grant is allocated, except that the
Secretary shall hold in escrow until the final resolution of
the appeal any amount allocated, but not disbursed, to a
coastal State that has appealed the disapproval of a plan
submitted under this title.
(b) Allocation Among Coastal States.--
(1) Allocable share for each state.--For each coastal
State, the Secretary shall determine the State's allocable
share of the total amount of the revenues transferred from the
Fund under section 5(b)(1) for each fiscal year using the
following weighted formula:
(A) Fifty percent of such revenues shall be
allocated among the coastal States as provided in
paragraph (2).
(B) Twenty-five percent of such revenues shall be
allocated to each coastal State based on the ratio of
each State's shoreline miles to the shoreline miles of
all coastal States.
(C) Twenty-five percent of such revenues shall be
allocated to each coastal State based on the ratio of
each State's coastal population to the coastal
population of all coastal States.
(2) Offshore outer continental shelf share.--If any portion
of a producing State lies within a distance of 200 miles from
the geographic center of any leased tract with qualified Outer
Continental Shelf revenues, the Secretary of the Interior shall
determine such State's allocable share under paragraph (1)(A)
based on the formula set forth in this paragraph. Such State
share shall be calculated as of the date of the enactment of
this Act. Each such State's allocable share of the revenues
disbursed under paragraph (1)(A) shall be based on qualified
Outer Continental Shelf revenues from each leased tract or
portion of a leased tract the geographic center of which is
within a distance (to the nearest whole mile) of 200 miles from
the coastline of the State and shall be inversely proportional
to the distance between the nearest point on the coastline of
such State and the geographic center of each such leased tract
or portion, as determined by the Secretary. In applying this
paragraph a leased tract or portion of a leased tract shall be
excluded if the tract or portion is located in a geographic
area subject to a leasing moratorium on January 1, 2001, unless
the lease was issued prior to the establishment of the
moratorium and was in production on January 1, 2001.
(3) Minimum state share.--
(A) In general.--The allocable share of revenues
determined by the Secretary under this subsection for
each coastal State with a management program approved
by the Secretary of Commerce under the Coastal Zone
Management Act of 1972 (16 U.S.C. 1451 et seq.), or
which is making satisfactory progress toward one, shall
not be less in any fiscal year than 0.50 percent of the
total amount of the revenues transferred by the
Secretary of the Treasury to the Secretary of the
Interior for purposes of this title for that fiscal
year under subsection (a). For any other coastal State
the allocable share of such revenues shall not be less
than 0.25 percent of such revenues.
(B) Recomputation.--Where one or more coastal
States' allocable shares, as computed under paragraphs
(1) and (2), are increased by any amount under this
paragraph, the allocable share for all other coastal
States shall be recomputed and reduced by the same
amount so that not more than 100 percent of the amount
transferred by the Secretary of the Treasury to the
Secretary of the Interior for purposes of this title
for that fiscal year under section 5(b)(1) is allocated
to all coastal States. The reduction shall be divided
pro rata among such other coastal States.
(c) Payments to Political Subdivisions.--In the case of a producing
State, the Governor of the State shall pay 50 percent of the State's
allocable share, as determined under subsection (b), to the coastal
political subdivisions in such State. Such payments shall be allocated
among such coastal political subdivisions of the State according to an
allocation formula analogous to the allocation formula used in
subsection (b) to allocate revenues among the coastal States, except
that a coastal political subdivision in the State of California that
has a coastal shoreline, that is not within 200 miles of the geographic
center of a leased tract or portion of a leased tract, and in which
there is located one or more oil refineries shall be eligible for that
portion of the allocation described in subsection (b)(1)(A) and (b)(2)
in the same manner as if that political subdivision were located within
a distance of 50 miles from the geographic center of the closest leased
tract with qualified Outer Continental Shelf revenues.
(d) Time of Payment.--Payments to coastal States and coastal
political subdivisions under this section shall be made not later than
December 31 of each year from revenues received during the immediately
preceding fiscal year.
SEC. 102. COASTAL STATE CONSERVATION AND IMPACT ASSISTANCE PLANS.
(a) Development and Submission of State Plans.--Each coastal State
seeking to receive grants under this title shall prepare, and submit to
the Secretary, a Statewide Coastal State Conservation and Impact
Assistance Plan. In the case of a producing State, the Governor shall
incorporate the plans of the coastal political subdivisions into the
Statewide plan for transmittal to the Secretary. The Governor shall
solicit local input and shall provide for public participation in the
development of the Statewide plan. The plan shall be submitted to the
Secretary by April 1 of the calendar year after the calendar year in
which this Act is enacted.
(b) Approval or Disapproval.--
(1) In general.--Approval of a Statewide plan under
subsection (a) is required prior to disbursement of funds under
this title by the Secretary. The Secretary shall approve the
Statewide plan if the Secretary determines, in consultation
with the Secretary of Commerce, that the plan is consistent
with the uses set forth in subsection (c) and if the plan
contains each of the following:
(A) The name of the State agency that will have the
authority to represent and act for the State in dealing
with the Secretary for purposes of this title.
(B) A program for the implementation of the plan
which shall include (i) a description of how the plan
will address environmental concerns, (ii) for producing
States, a description of how funds will be used to
address the impacts of oil and gas production from the
Outer Continental Shelf, and (iii) a description of how
the State will evaluate the effectiveness of the plan.
(C) Certification by the Governor that ample
opportunity has been accorded for public participation
in the development and revision of the plan.
(D) Measures for taking into account other relevant
Federal resources and programs. The plan shall be
correlated so far as practicable with other State,
regional, and local plans.
(2) Procedure and timing; revisions.--The Secretary shall
approve or disapprove each plan submitted in accordance with
this section. If a State first submits a plan by not later than
90 days before the beginning of the first fiscal year to which
the plan applies, the Secretary shall approve or disapprove the
plan by not later than 30 days before the beginning of that
fiscal year.
(3) Amendment or revision.--Any amendment to or revision of
the plan shall be prepared in accordance with the requirements
of this subsection and shall be submitted to the Secretary for
approval or disapproval. Any such amendment or revision shall
take effect only for fiscal years after the fiscal year in
which the amendment or revision is approved by the Secretary.
(c) Authorized Uses of State Grant Funding.--The funds provided
under this title to a coastal State and for coastal political
subdivisions are authorized to be used in compliance with Federal and
State law only for one or more of the following purposes:
(1) Data collection, including but not limited to fishery
or marine mammal stock surveys in State waters or both,
cooperative State, interstate, and Federal fishery or marine
mammal stock surveys or both, cooperative initiatives with
university and private entities for fishery and marine mammal
surveys, activities related to marine mammal and fishery
interactions, and other coastal living marine resources
surveys.
(2) The conservation, restoration, enhancement, or creation
of coastal habitats.
(3) Cooperative Federal or State enforcement of marine
resources management statutes.
(4) Fishery observer coverage programs in State or Federal
waters.
(5) Invasive, exotic, and nonindigenous species
identification and control.
(6) Coordination and preparation of cooperative fishery
conservation and management plans between States, including the
development and implementation of population surveys,
assessments and monitoring plans, and the preparation and
implementation of State fishery management plans developed by
interstate marine fishery commissions.
(7) Preparation and implementation of State fishery or
marine mammal management plans that comply with bilateral or
multilateral international fishery or marine mammal
conservation and management agreements or both.
(8) Coastal and ocean observations necessary to develop and
implement real time tide and current measurement systems.
(9) Implementation of federally approved marine, coastal,
or comprehensive conservation and management plans.
(10) Mitigating marine and coastal impacts of Outer
Continental Shelf activities, including impacts on onshore
infrastructure.
(11) Projects that promote research, education, training,
and advisory services in fields related to ocean, coastal, and
Great Lakes resources.
(d) Compliance With Authorized Uses.--Based on the annual reports
submitted under section 4 and on audits conducted by the Secretary
under section 7, the Secretary shall review the expenditures made by
each State and coastal political subdivision from funds made available
under this title. If the Secretary determines that any expenditure made
by a State or coastal political subdivision of a State from such funds
is not consistent with the authorized uses set forth in subsection (c),
the Secretary shall not make any further grants under this title to
that State until the funds used for such expenditure have been repaid
to the Get Outdoors Act Fund.
TITLE II--IMPROVING PUBLIC LANDS AND STRENGTHENING RURAL COMMUNITIES
Subtitle A--Improving Public Lands
SEC. 201. AMENDMENT OF LAND AND WATER CONSERVATION FUND ACT OF 1965.
Except as otherwise expressly provided, whenever in this title an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a section or other provision, the reference shall be considered to
be made to a section or other provision of the Land and Water
Conservation Fund Act of 1965 (16 U.S.C. 460l-4 et seq.).
SEC. 202. EXTENSION OF FUND; TREATMENT OF AMOUNTS TRANSFERRED FROM GET
OUTDOORS ACT FUND.
Section 2(c) is amended to read as follows:
``(c) Amounts Transferred From Get Outdoors Act Fund.--In addition
to the sum of the revenues and collections estimated by the Secretary
of the Interior to be covered into the fund pursuant to subsections (a)
and (b) of this section, there shall be covered into the fund all
amounts transferred to the fund under section 5(b)(2) of the Get
Outdoors Act.''.
SEC. 203. AVAILABILITY OF AMOUNTS.
Section 3 (16 U.S.C. 460l-6) is amended to read as follows:
``appropriations
``Sec. 3. (a) In General.--There are authorized to be appropriated
to the Secretary from the fund to carry out this Act not more than
$900,000,000 in any fiscal year after the fiscal year 2005. Amounts
transferred to the fund from the Get Outdoors Act Fund and amounts
covered into the fund under subsections (a) and (b) of section 2 shall
be available to the Secretary in fiscal years after the fiscal year
2005 without further appropriation to carry out this Act.
``(b) Obligation and Expenditure of Available Amounts.--Amounts
available for obligation or expenditure from the fund or from the
special account established under section 4(i)(1) may be obligated or
expended only as provided in this Act.''.
SEC. 204. ALLOCATION OF FUND.
Section 5 (16 U.S.C. 460l-7) is amended to read as follows:
``allocation of funds
``Sec. 5. Of the amounts made available for each fiscal year to
carry out this Act--
``(1) 50 percent shall be available for Federal purposes
(in this Act referred to as the `Federal portion'); and
``(2) 50 percent shall be available for grants to
States.''.
SEC. 205. ALLOCATION OF AMOUNTS AVAILABLE FOR STATE PURPOSES.
(a) In General.--Section 6(b) (16 U.S.C. 460l-8(b)) is amended to
read as follows:
``(b) Distribution Among the States.--(1) Sums in the fund
available each fiscal year for State purposes shall be apportioned
among the several States by the Secretary, in accordance with this
subsection. The determination of the apportionment by the Secretary
shall be final.
``(2) Subject to paragraph (3), of sums in the fund available each
fiscal year for State purposes--
``(A) 30 percent shall be apportioned equally among the
several States; and
``(B) 70 percent shall be apportioned so that the ratio
that the amount apportioned to each State under this
subparagraph bears to the total amount apportioned under this
subparagraph for the fiscal year is equal to the ratio that the
population of the State bears to the total population of all
States.
No amount may be apportioned under this paragraph to any State (in this
subsection referred to as an `unfunded State') that has not established
a dedicated State land acquisition fund that is funded through the
State's budget process. The amount that would have been apportioned to
any such unfunded State under this paragraph shall be reapportioned to
other States in accordance with subparagraphs (A) and (B).
``(3) The total allocation to an individual State for a fiscal year
under paragraph (2) shall not exceed 10 percent of the total amount
allocated to the several States under paragraph (2) for that fiscal
year.
``(4) The Secretary shall notify each State of its apportionment,
and the amounts thereof shall be available thereafter to the State for
planning, acquisition, or development projects as hereafter described.
Any amount of any apportionment under this subsection that has not been
paid or obligated by the Secretary during the fiscal year in which such
notification is given and the two fiscal years thereafter shall be
reapportioned by the Secretary in accordance with paragraph (2), but
without regard to the 10 percent limitation to an individual State
specified in paragraph (3).
``(5)(A) For the purposes of paragraph (2)(A)--
``(i) the District of Columbia shall be treated as a State;
and
``(ii) Puerto Rico, the Virgin Islands, Guam, and American
Samoa--
``(I) shall be treated collectively as one State;
and
``(II) shall each be allocated an equal share of
any amount distributed to them pursuant to clause (i).
``(B) Each of the areas referred to in subparagraph (A) shall be
treated as a State for all other purposes of this Act.''.
(b) Tribes and Alaska Native Corporations.--Section 6(b)(5) (16
U.S.C. 460l-8(b)(5)) is further amended by adding at the end the
following new subparagraph:
``(C) For the purposes of paragraph (1), all federally
recognized Indian tribes, or in the case of Alaska, Native
Corporations (as defined in section 3 of the Alaska Native
Claims Settlement Act (43 U.S.C. 1602)), shall be eligible to
receive shares of the apportionment under paragraph (1) in
accordance with a competitive grant program established by the
Secretary by rule. The total apportionment available to such
tribes, or in the case of Alaska, Native Corporations, shall be
equivalent to the amount available to a single State. No single
tribe, nor in the case of Alaska, Native Corporation, shall
receive a grant that constitutes more than 10 percent of the
total amount made available to all tribes and Alaska, Native
Corporations, pursuant to the apportionment under paragraph
(1). Funds received by a tribe, or in the case of Alaska,
Native Corporation, under this subparagraph may be expended
only for the purposes specified in paragraphs (1) and (3) of
subsection (a).''.
(c) Local Allocation.--Section 6(b) (16 U.S.C. 460l-8(b)) is
amended by adding at the end the following:
``(6) Absent some compelling and annually documented reason
to the contrary acceptable to the Secretary of the Interior,
each State (other than an area treated as a State under
paragraph (5)) shall make available as grants to local
governments, at least 50 percent of the annual State
apportionment, or an equivalent amount made available from
other sources.''.
(d) State Projects of Regional or National Significance.--Section
6(b) (16 U.S.C. 460l-8(b)) is amended by adding the following at the
end:
``(7)(A) Any amounts available in addition to those amounts
made available under section 5 of the Get Outdoors Act in a
fiscal year shall be available without further appropriation to
the Secretary of the Interior to be distributed among the
several States under a competitive grant program for State
projects as authorized under section 6(e)(1) of national or
regional significance involving one or more States.
``(B) The Secretary shall award grants only to projects
that would conserve open space and either conserve wildlife
habitat, protect water quality, or otherwise enhance the
environment, or that would protect areas that have historic or
cultural value. The Secretary shall give preference to projects
that would be most likely to have the greatest benefit to the
environment regionally or nationally and would maintain or
enhance recreational opportunities.''.
Subtitle B--Strengthening Rural Communities
SEC. 211. PURPOSE.
The purpose of this subtitle is to ensure adequate funding for--
(1) payments for entitlement land under chapter 69 of title
31, United States Code (relating to payments in lieu of taxes);
and
(2) payments under section 401 of the Act of June 15, 1935
(49 Stat. 383; 16 U.S.C. 715s) (relating to refuge revenue
sharing).
SEC. 212. TREATMENT OF AMOUNTS TRANSFERRED FROM GET OUTDOORS ACT FUND.
(a) In General.--Amounts transferred to the Secretary of the
Interior under section 5(b)(8) of the Get Outdoors Act in a fiscal year
shall be available to the Secretary without further appropriation for
payments in accordance with this section.
(b) Allocation.--Of the amounts referred to in subsection (a)--
(1) $320,000,000 shall be used each fiscal year only for
payments under chapter 69 of title 31, United States Code
(relating to payments in lieu of taxes); and
(2) $30,000,000 shall be used each fiscal year only for
payments under section 401 of the Act of June 15, 1935 (49
Stat. 383; 16 U.S.C. 715s) (relating to refuge revenue
sharing).
(c) Shortfall.--If amounts transferred under paragraphs (1) through
(8) of section 5(b) for a fiscal year have been reduced under section
5(c), the amounts set forth in subsection (b) of this section shall
each be reduced proportionately.
Subtitle C--Federal and Indian Lands Enhancements
SEC. 221. PURPOSE.
The purpose of this subtitle is to provide a dedicated source of
funding for a coordinated program on Federal and Indian lands to
restore degraded lands, protect resources that are threatened with
degradation, and protect public health and safety.
SEC. 222. TREATMENT OF AMOUNTS TRANSFERRED FROM GET OUTDOORS ACT FUND;
ALLOCATION.
(a) In General.--Amounts transferred to the Secretary of the
Interior and the Secretary of Agriculture under section 5(b)(6) of this
Act in a fiscal year shall be available without further appropriation
to carry out this subtitle.
(b) Allocation.--Amounts referred to in subsection (a) shall be
allocated and available as follows:
(1) Department of the interior.--Seventy percent shall be
allocated and available to the Secretary of the Interior to
carry out the purpose of this subtitle on lands within the
National Park System, lands within the National Wildlife Refuge
System, and public lands administered by the Bureau of Land
Management. A priority shall be given to address National Park
Service needs.
(2) Department of agriculture.--Twenty percent shall be
allocated and available to the Secretary of Agriculture to
carry out the purpose of this subtitle on lands within the
National Forest System.
(3) Indian tribes.--Ten percent shall be allocated and
available to the Secretary of the Interior for competitive
grants to qualified Indian tribes under section 223(b).
SEC. 223. AUTHORIZED USES OF TRANSFERRED AMOUNTS.
(a) In General.--Funds made available to carry out this subtitle
shall be used solely for restoration of degraded lands, resource
protection, maintenance activities related to resource protection, or
protection of public health or safety.
(b) Competitive Grants to Indian Tribes.--
(1) Grant authority.--The Secretary of the Interior shall
administer a competitive grant program for Indian tribes,
giving priority to projects based upon the protection of
significant resources, the severity of damages or threats to
resources, and the protection of public health or safety.
(2) Limitation.--The amount received for a fiscal year by a
single Indian tribe in the form of grants under this subsection
may not exceed 10 percent of the total amount available for
that fiscal year for grants under this subsection.
(c) Priority List.--The Secretary of the Interior and the Secretary
of Agriculture shall each establish priority lists for the use of funds
available under this subtitle. Each list shall give priority to
projects based upon the protection of significant resources, the
severity of damages or threats to resources, and the protection of
public health or safety.
(d) Compliance With Applicable Plans.--Any project carried out on
Federal lands with amounts provided under this subtitle shall be
carried out in accordance with all management plans that apply under
Federal law to the lands.
(e) Tracking Results.--Not later than the end of the first full
fiscal year for which funds are available under this subtitle, the
Secretary of the Interior and the Secretary of Agriculture shall
jointly establish a coordinated program for--
(1) tracking the progress of activities carried out with
amounts made available by this subtitle; and
(2) determining the extent to which demonstrable results
are being achieved by those activities.
SEC. 224. INDIAN TRIBE DEFINED.
In this subtitle, the term ``Indian tribe''--
(1) except as provided in paragraph (2), means any
federally recognized Indian tribe; and
(2) in the case of Alaska, means only a Native corporation,
as that term is defined in section 3 of the Alaska Native
Claims Settlement Act (43 U.S.C. 1602).
TITLE III--CONSERVING AND RESTORING WILDLIFE
SEC. 301. PURPOSE.
The purpose of this title is to ensure adequate funding of the
Wildlife Conservation and Restoration Planning program established
under the amendments to the Pittman-Robertson Wildlife Restoration Act
(16 U.S.C. 669 et seq.) enacted by H.R. 5548 as introduced in the 106th
Congress and enacted, by reference, by Public Law 106-553, and to
promote greater hunting, angling, and wildlife viewing opportunities.
SEC. 302. TECHNICAL CORRECTION.
(a) Correction of Subsection Designation.--Section 4 of the
Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669c) is amended
by redesignating the first subsection (c) (relating to revenues from
pistols, revolvers, bows, and arrows) as subsection (e) and moving such
subsection so as to appear after subsection (d) of that section.
(b) Conforming Amendments.--Such Act is further amended--
(1) in section 4(b) (16 U.S.C. 669c(b)) by striking
``subsection (c)'' and inserting ``subsection (e)'';
(2) in section 8(b) (16 U.S.C. 669g(b)) by striking
``section 4(c)'' and inserting ``section 4(e)''; and
(3) in section 10 (16 U.S.C. 669h-1) by striking ``section
4(c)'' each place it appears and inserting ``section 4(e)''.
SEC. 303. TREATMENT OF AMOUNTS TRANSFERRED FROM GET OUTDOORS ACT FUND.
Section 3(a)(2) of the Pittman-Robertson Wildlife Restoration Act
(16 U.S.C. 669b(a)(2)) is amended to read as follows:
``(2) There is established in the Federal aid to wildlife
restoration fund a subaccount to be known as the `wildlife
conservation and restoration account'. Amounts transferred to
the fund for a fiscal year under section 5(b)(3) of the Get
Outdoors Act shall be deposited in the subaccount and shall be
available without further appropriation, in each fiscal year,
for apportionment in accordance with this Act to carry out
State wildlife conservation and restoration programs.''.
SEC. 304. APPORTIONMENT TO INDIAN TRIBES.
(a) In General.--Section 4(c)(1) of the Pittman-Robertson Wildlife
Restoration Act (16 U.S.C. 669c(c)(1)) is amended--
(1) in the matter preceding subparagraph (A) by striking
``from'' and inserting ``from amounts available each fiscal
year from''; and
(2) by adding at the end the following:
``(C) To Indian tribes, a sum equal to not more
than 2\1/4\ percent thereof, of which--
``(i) \1/3\ shall be allocated based on the
ratio to which the trust land area of each
Indian tribe bears to the total trust land area
of all Indian tribes; and
``(ii) \2/3\ shall be allocated based on
the ratio to which the population of each
Indian tribe bears to the total population of
all Indian tribes;
except that no Indian tribe shall receive more than 5
percent of the total amount made available in a fiscal
year to Indian tribes under this subsection.''.
(b) Treatment of Apportionments to Indian Tribes.--Section 4 of
such Act (16 U.S.C. 669c) is amended by adding at the end the
following:
``(e) Treatment of Apportionments to Indian Tribes.--For purposes
of the treatment under this Act of amounts apportioned to Indian tribes
under subsection (c)(1)(C), the term `State' includes an Indian
tribe.''.
(c) Indian Tribe Defined.--Section 2 of such Act (16 U.S.C. 669a)
is amended--
(1) by redesignating paragraphs (2) through (8) in order as
paragraphs (3) through (9); and
(2) by inserting after paragraph (1) the following:
``(2) The term `Indian tribe'--
``(A) except as provided in subparagraph (B), means
any federally recognized Indian tribe; and
``(B) in the case of Alaska, means only a Native
corporation, as that term is defined in section 3 of
the Alaska Native Claims Settlement Act (43 U.S.C.
1602);''.
(d) Conforming Amendments.--Such Act is amended--
(1) in section 3(c)(2) (16 U.S.C. 669b(c)(2)) by striking
``or an Indian tribe''; and
(2) in section 4(d)(5) (16 U.S.C. 669c(d)(5))--
(A) by striking ``and the Commonwealth'' and
inserting ``the Commonwealth''; and
(B) by inserting before the period the following:
``, and, except for purposes of subsection (c)(2), each
Indian tribe''.
SEC. 305. EXISTING APPROPRIATIONS NOT AFFECTED.
Nothing in this title shall apply to or otherwise affect the
availability or use of amounts appropriated before the date of the
enactment of this Act. Such amounts may be expended as if this Act and
the amendments made by this Act were not enacted.
TITLE IV--INVOLVING COMMUNITIES AND SCIENTIFICALLY MANAGING IMPERILED
WILDLIFE AND RARE PLANTS
SEC. 401. PURPOSES.
The purposes of this title are the following:
(1) To provide a dedicated source of funding to the United
States Fish and Wildlife Service and the National Marine
Fisheries Service for the purpose of implementing an incentives
program to promote the recovery of endangered species and
threatened species and the habitat upon which they depend.
(2) To promote greater involvement by non-Federal entities
in the recovery of the Nation's endangered species and
threatened species and the habitat upon which they depend.
SEC. 402. TREATMENT OF AMOUNTS TRANSFERRED FROM GET OUTDOORS ACT FUND.
Amounts transferred to the Secretary of the Interior under section
5(b)(7) of this Act in a fiscal year shall be available to the
Secretary of the Interior without further appropriation to carry out
this title.
SEC. 403. IMPERILED WILDLIFE AND RARE PLANT RECOVERY.
(a) Financial Assistance.--The Secretary may use amounts made
available under section 702 to provide financial assistance to any
person for development and implementation of Imperiled Wildlife and
Rare Plant Recovery Agreements entered into by the Secretary under
section 404.
(b) Priority.--In providing assistance under this section, the
Secretary shall give priority to the development and implementation of
species recovery agreements that--
(1) implement actions identified under recovery plans
approved by the Secretary under section 4(f) of the Endangered
Species Act of 1973 (16 U.S.C. 1533(f));
(2) have the greatest potential for contributing to the
recovery of an endangered or threatened species; and
(3) to the extent practicable, require use of the
assistance on land owned by a small landowner.
(c) Prohibition on Assistance for Required Activities.--The
Secretary may not provide financial assistance under this section for
any action that is required by a permit issued under section
10(a)(1)(B) of the Endangered Species Act of 1973 (16 U.S.C.
1539(a)(1)(B)) or an incidental take statement issued under section 7
of that Act (16 U.S.C. 1536), or that is otherwise required under that
Act or any other Federal law.
(d) Payments Under Other Programs.--
(1) Other payments not affected.--Financial assistance
provided to a person under this section shall be in addition
to, and shall not affect, the total amount of payments that the
person is otherwise eligible to receive under the Conservation
Reserve program established under subchapter B of chapter 1 of
subtitle D of title XII of the Food Security Act of 1985 (16
U.S.C. 3831 et seq.), the Wetlands Reserve Program established
under subchapter C of that chapter (16 U.S.C. 3837 et seq.), or
the Wildlife Habitat Incentives Program established under
section 387 of the Federal Agriculture Improvement and Reform
Act of 1996 (16 U.S.C. 3836a).
(2) Limitation.--A person may not receive financial
assistance under this section to carry out activities under a
species recovery agreement in addition to payments under the
programs referred to in paragraph (1) made for the same
activities, if the terms of the species recovery agreement do
not require financial or management obligations by the person
in addition to any such obligations of the person under such
programs.
SEC. 404. IMPERILED WILDLIFE AND RARE PLANT RECOVERY AGREEMENTS.
(a) In General.--The Secretary may enter into Imperiled Wildlife
and Rare Plant Recovery Agreements for purposes of this title in
accordance with this section.
(b) Required Terms.--The Secretary shall include in each species
recovery agreement provisions that--
(1) require the person--
(A) to carry out on real property owned or leased
by the person activities not otherwise required by law
that contribute to the recovery of an endangered or
threatened species;
(B) to refrain from carrying out on real property
owned or leased by the person otherwise lawful
activities that would inhibit the recovery of an
endangered or threatened species; or
(C) to do any combination of subparagraphs (A) and
(B);
(2) describe the real property referred to in paragraph
(1)(A) and (B) (as applicable);
(3) specify species recovery goals for the agreement, and
measures for attaining such goals;
(4) require the person to make measurable progress each
year in achieving those goals, including a schedule for
implementation of the agreement;
(5) specify actions to be taken by the Secretary or the
person (or both) to monitor the effectiveness of the agreement
in attaining those recovery goals;
(6) require the person to notify the Secretary if--
(A) any right or obligation of the person under the
agreement is assigned to any other person; or
(B) any term of the agreement is breached by the
person or any other person to whom is assigned a right
or obligation of the person under the agreement;
(7) specify the date on which the agreement takes effect
and the period of time during which the agreement shall remain
in effect;
(8) provide that the agreement shall not be in effect on
and after any date on which the Secretary publishes a
certification by the Secretary that the person has not complied
with the agreement; and
(9) allocate financial assistance provided under this title
for implementation of the agreement, on an annual or other
basis during the period the agreement is in effect based on the
schedule for implementation required under paragraph (4).
(c) Review and Approval of Proposed Agreements.--Upon submission by
any person of a proposed species recovery agreement under this section,
the Secretary--
(1) shall review the proposed agreement and determine
whether it complies with the requirements of this section and
will contribute to the recovery of endangered or threatened
species that are the subject of the proposed agreement;
(2) shall propose to the person any additional provisions
necessary for the agreement to comply with this section; and
(3) if the Secretary determines that the agreement complies
with the requirements of this section, shall approve and enter
with the person into the agreement.
(d) Monitoring Implementation of Agreements.--The Secretary shall--
(1) periodically monitor the implementation of each species
recovery agreement entered into by the Secretary under this
section; and
(2) based on the information obtained from that monitoring,
annually or otherwise disburse financial assistance under this
title to implement the agreement as the Secretary determines is
appropriate under the terms of the agreement.
SEC. 405. DEFINITIONS.
In this title:
(1) Imperiled wildlife or rare plant species.--The term
``imperiled wildlife or rare plant species'' means any species
that is listed as an endangered species or threatened species
under section 4 of the Endangered Species Act of 1973 (16
U.S.C. 1533).
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior or the Secretary of Commerce, in accordance
with section 3 of the Endangered Species Act of 1973 (16 U.S.C.
1532).
(3) Small landowner.--The term ``small landowner'' means an
individual who owns 50 acres or fewer of land.
(4) Species recovery agreement.--The term ``species
recovery agreement'' means an Imperiled Wildlife and Rare Plant
Recovery Agreement entered into by the Secretary under section
404.
TITLE V--INCREASING PARK AND RECREATION ACCESS
Subtitle A--Urban Parks and Recreation
SEC. 501. AMENDMENT OF URBAN PARK AND RECREATION RECOVERY ACT OF 1978.
Except as otherwise expressly provided, whenever in this subtitle
an amendment or repeal is expressed in terms of an amendment to, or
repeal of, a section or other provision, the reference shall be
considered to be made to a section or other provision of the Urban Park
and Recreation Recovery Act of 1978 (16 U.S.C. 2501 et seq.).
SEC. 502. PURPOSE.
The purpose of this subtitle is to provide a dedicated source of
funding to assist local governments in improving their park and
recreation systems.
SEC. 503. TREATMENT OF AMOUNTS TRANSFERRED FROM GET OUTDOORS ACT FUND.
Section 1013 (16 U.S.C. 2512) is amended to read as follows:
``treatment of amounts transferred from get outdoors act fund
``Sec. 1013. (a) In General.--Amounts transferred to the Secretary
of the Interior under section 5(b)(4) of the Get Outdoors Act in a
fiscal year shall be available to the Secretary without further
appropriation to carry out this title. Any amount that has not been
paid or obligated by the Secretary before the end of the second fiscal
year beginning after the first fiscal year in which the amount is
available shall be reapportioned by the Secretary among grantees under
this title.
``(b) Limitations on Annual Grants.--Of the amounts available in a
fiscal year under subsection (a)--
``(1) not more than 3 percent may be used for grants for
the development of local park and recreation recovery action
programs pursuant to sections 1007(a) and 1007(c);
``(2) not more than 10 percent may be used for innovation
grants pursuant to section 1006; and
``(3) not more than 15 percent may be provided as grants
(in the aggregate) for projects in any one State.
``(c) Limitation on Use for Grant Administration.--The Secretary
shall establish a limit on the portion of any grant under this title
that may be used for grant and program administration.''.
SEC. 504. AUTHORITY TO DEVELOP NEW AREAS AND FACILITIES.
Section 1003 (16 U.S.C. 2502) is amended by inserting ``development
of new recreation areas and facilities, including the acquisition of
lands for such development,'' after ``rehabilitation of critically
needed recreation areas, facilities,''.
SEC. 505. DEFINITIONS.
Section 1004 (16 U.S.C. 2503) is amended as follows:
(1) In paragraph (j) by striking ``and'' after the
semicolon.
(2) In paragraph (k) by striking the period at the end and
inserting a semicolon.
(3) By adding at the end the following:
``(l) `development grants'--
``(1) subject to subparagraph (2) means matching capital
grants to units of local government to cover costs of
development, land acquisition, and construction on existing or
new neighborhood recreation sites, including indoor and outdoor
recreational areas and facilities, support facilities, and
landscaping; and
``(2) does not include routine maintenance, and upkeep
activities; and
``(m) `Secretary' means the Secretary of the Interior.''.
SEC. 506. ELIGIBILITY.
Section 1005(a) (16 U.S.C. 2504(a)) is amended to read as follows:
``(a) Eligibility of general purpose local governments to compete
for assistance under this title shall be based upon need as determined
by the Secretary. Generally, eligible general purpose local governments
shall include the following:
``(1) All political subdivisions of Metropolitan, Primary,
or Consolidated Statistical Areas, as determined by the most
recent Census.
``(2) Any other city, town, or group of cities or towns (or
both) within such a Metropolitan Statistical Area, that has a
total population of 50,000 or more as determined by the most
recent Census.
``(3) Any other county, parish, or township with a total
population of 250,000 or more as determined by the most recent
Census.''.
SEC. 507. GRANTS.
Section 1006 (16 U.S.C. 2505) is amended--
(1) in subsection (a) by redesignating paragraph (3) as
paragraph (4); and
(2) by striking so much as precedes subsection (a)(4) (as
so redesignated) and inserting the following:
``grants
``Sec. 1006. (a)(1) The Secretary may provide 70 percent matching
grants for rehabilitation, development, acquisition, and innovation
purposes to any eligible general purpose local government upon approval
by the Secretary of an application submitted by the chief executive of
such government.
``(2) At the discretion of such an applicant, a grant under this
section may be transferred in whole or part to independent special
purpose local governments, private nonprofit agencies, or county or
regional park authorities, if--
``(A) such transfer is consistent with the approved
application for the grant; and
``(B) the applicant provides assurance to the Secretary
that the applicant will maintain public recreation
opportunities at assisted areas and facilities in accordance
with section 1010.
``(3) Payments may be made only for those rehabilitation,
development, or innovation projects that have been approved by the
Secretary. Such payments may be made from time to time in keeping with
the rate of progress toward completion of a project, on a reimbursable
basis.''.
SEC. 508. RECOVERY ACTION PROGRAMS.
Section 1007(a) (16 U.S.C. 2506(a)) is amended--
(1) in subsection (a) in the first sentence by inserting
``development,'' after ``commitments to ongoing planning,'';
and
(2) in subsection (a)(2) by inserting ``development and''
after ``adequate planning for''.
SEC. 509. STATE ACTION INCENTIVES.
Section 1008 (16 U.S.C. 2507) is amended--
(1) by inserting ``(a) In General.--'' before the first
sentence; and
(2) by striking the last sentence of subsection (a) (as
designated by paragraph (1) of this section) and inserting the
following:
``(b) Coordination With Land and Water Conservation Fund
Activities.--(1) The Secretary and general purpose local governments
are encouraged to coordinate preparation of recovery action programs
required by this title with State Plans or Agendas required under
section 6 of the Land and Water Conservation Fund Act of 1965,
including by allowing flexibility in preparation of recovery action
programs so they may be used to meet State and local qualifications for
local receipt of Land and Water Conservation Fund grants or State
grants for similar purposes or for other conservation or recreation
purposes.
``(2) The Secretary shall encourage States to consider the
findings, priorities, strategies, and schedules included in the
recovery action programs of their urban localities in preparation and
updating of State plans in accordance with the public coordination and
citizen consultation requirements of subsection 6(d) of the Land and
Water Conservation Fund Act of 1965.''.
SEC. 510. CONVERSION OF RECREATION PROPERTY.
Section 1010 (16 U.S.C. 2509) is amended to read as follows:
``conversion of recreation property
``Sec. 1010. (a)(1) No property developed, acquired, or
rehabilitated under this title shall, without the approval of the
Secretary, be converted to any purpose other than public recreation
purposes.
``(2) Paragraph (1) shall apply to--
``(A) property developed with amounts provided under this
title; and
``(B) the park, recreation, or conservation area of which
the property is a part.
``(b)(1) The Secretary shall approve such conversion only if the
grantee demonstrates no prudent or feasible alternative exists.
``(2) Paragraph (1) shall apply to property that is no longer a
viable recreation facility due to changes in demographics or that must
be abandoned because of environmental contamination which endangers
public health or safety.
``(c) Any conversion must satisfy any conditions the Secretary
considers necessary to assure substitution of other recreation property
that is--
``(1) of at least equal fair market value, and reasonably
equivalent usefulness and location; and
``(2) in accord with the current recreation recovery action
program of the grantee.''.
SEC. 511. REPEAL.
Section 1015 (16 U.S.C. 2514) is repealed.
Subtitle B--Historic Preservation Fund
SEC. 521. TREATMENT OF AMOUNTS TRANSFERRED FROM GET OUTDOORS ACT FUND.
Section 108 of the National Historic Preservation Act (16 U.S.C.
470h) is amended--
(1) by inserting ``(a)'' before the first sentence;
(2) in subsection (a) (as designated by paragraph (1) of
this section) by striking all after the first sentence; and
(3) by adding at the end the following:
``(b) Amounts transferred to the Secretary under section 5(b)(5)(A)
of the Get Outdoors Act in a fiscal year shall be deposited into the
Fund and shall be available without further appropriation only to
provide grants and other financial and technical assistance under this
Act to States, Indian tribes, local governments, and other non-Federal
governmental entities.
``(c) At least one-half of the funds obligated or expended each
fiscal year under this Act shall be used in accordance with this Act
for preservation projects on historic properties. In making such funds
available, the Secretary shall give priority to the preservation of
endangered historic properties.''.
SEC. 522. STATE USE OF HISTORIC PRESERVATION ASSISTANCE FOR NATIONAL
HERITAGE AREAS AND CORRIDORS.
Title I of the National Historic Preservation Act (16 U.S.C. 470a
et seq.) is amended by adding at the end the following:
``SEC. 114. STATE USE OF ASSISTANCE FOR NATIONAL HERITAGE AREAS AND
CORRIDORS.
``In addition to other uses authorized by this Act, amounts
provided to a State under this title may be used by the State to
provide financial assistance to the management entity for any national
heritage area or national heritage corridor established under the laws
of the United States, to support cooperative historic preservation
planning and development.''.
SEC. 523. FUNDING FOR MARITIME HERITAGE PROGRAMS.
Section 6 of the National Maritime Heritage Act of 1994 (16 U.S.C.
5405) is amended--
(1) by redesignating subsection (d) as subsection (e), and
by inserting after subsection (c) the following:
``(d) Availability of Funds From Get Outdoors Act Fund.--Amounts
transferred to the Secretary under section 5(b)(5)(B) of the Get
Outdoors Act shall be available until expended and without further
appropriation to carry out the Program as provided in subsection
(b).''; and
(2) in subsection (b), by striking ``subsection (a)(1)(C)''
each place it appears and inserting ``this section''.
TITLE VI--COLLABORATING WITH LOCAL COMMUNITIES AND PROTECTING PRIVATE
PROPERTY OWNERS
Subtitle A--U.S. Treasury Protections
SEC. 601. SIGNS.
(a) In General.--The Secretary shall require, as a condition of any
financial assistance provided with amounts made available by this Act,
that the person that owns or administers any site that benefits from
such assistance shall include on any sign otherwise installed at that
site at or near an entrance or public use focal point, a statement that
the existence or development of the site (or both), as appropriate, is
a product of such assistance.
(b) Standards.--The Secretary shall provide for the design of
standardized signs for purposes of subsection (a), and shall prescribe
standards and guidelines for such signs.
Subtitle B--Private Property Rights Protections
SEC. 611. PROTECTION OF PRIVATE PROPERTY RIGHTS.
(a) Savings Clause.--Nothing in the Act shall authorize that
private property be taken for public use, without just compensation as
provided by the 5th and 14th amendments to the United States
Constitution.
(b) Regulation.--Federal agencies, using funds appropriated by this
Act, may not apply any regulation on any lands or water until the lands
or water, or an interest therein, is acquired, unless authorized to do
so by another Act of Congress.
SEC. 612. USE OF FEDERAL PORTION (NOTE--THIS IS SPECIFIC TO TITLE II
SUBTITLE A--FEDERAL LWCF).
Section 7 of the Land and Water Conservation Fund Act of 1965 (16
U.S.C. 460l-9) is amended by adding at the end the following:
``(d) Use of Federal Portion.--
``(1) Approval by congress required.--The Federal portion
(as that term is defined in section 5(1)) may not be obligated
or expended by the Secretary of the Interior or the Secretary
of Agriculture for any acquisition except those specifically
referred to, and approved by the Congress.
``(2) Willing seller requirement.--The Federal portion may
not be used to acquire any property unless--
``(A) the owner of the property concurs in the
acquisition; or
``(B) acquisition of that property is specifically
approved by an Act of Congress.
``(e) List of Proposed Federal Acquisitions.--
``(1) Restriction on use.--The Federal portion for a fiscal
year may not be obligated or expended to acquire any interest
in lands or water unless the lands or water were included in a
list of acquisitions that is approved by the Congress.
``(2) Transmission of list.--(A) The Secretary of the
Interior and the Secretary of Agriculture shall jointly
transmit to the appropriate authorizing and appropriations
committees of the House of Representatives and the Senate for
each fiscal year, by no later than the submission of the budget
for the fiscal year under section 1105 of title 31, United
States Code, a list of the acquisitions of interests in lands
and water proposed to be made with the Federal portion for the
fiscal year.
``(B) In preparing each list under subparagraph (A), the
Secretary shall--
``(i) seek to consolidate Federal landholdings in
States with checkerboard Federal land ownership
patterns;
``(ii) consider the use of equal value land
exchanges, where feasible and suitable, as an
alternative means of land acquisition;
``(iii) consider the use of permanent conservation
easements, where feasible and suitable, as an
alternative means of acquisition;
``(iv) identify those properties that are proposed
to be acquired from willing sellers and specify any for
which adverse condemnation is requested; and
``(v) establish priorities based on such factors as
important or special resource attributes, threats to
resource integrity, timely availability, owner
hardship, cost escalation, public recreation use
values, and similar considerations.
``(C) The Secretary of the Interior and the Secretary of
Agriculture shall each--
``(i) transmit, with the list transmitted under
subparagraph (A), a separate list of those lands under
the administrative jurisdiction of the Secretary that
have been identified in applicable land management
plans as surplus and eligible for disposal as provided
for by law; and
``(ii) update each list to be transmitted under
clause (i) as land management plans are amended or
revised.
``(3) Information regarding proposed acquisitions.--Each
list under paragraph (2)(A) shall include, for each proposed
acquisition included in the list--
``(A) citation of the statutory authority for the
acquisition, if such authority exists; and
``(B) an explanation of why the particular interest
proposed to be acquired was selected.
``(f) Notification to Affected Areas Required.--The Federal portion
for a fiscal year may not be used to acquire any interest in land
unless the Secretary administering the acquisition, by not later than
30 days after the date the Secretaries submit the list under subsection
(e)(2)(A) for the fiscal year, provides notice of the proposed
acquisition--
``(1) in writing to each Member of and each Delegate and
Resident Commissioner to the Congress elected to represent any
area in which is located--
``(A) the land; or
``(B) any part of any federally designated unit
that includes the land;
``(2) in writing to the Governor of the State in which the
land is located;
``(3) in writing to each State political subdivision having
jurisdiction over the land; and
``(4) by publication of a notice in a newspaper that is
widely distributed in the area under the jurisdiction of each
such State political subdivision, that includes a clear
statement that the Federal Government intends to acquire an
interest in land.
``(g) Compliance With Requirements Under Federal Laws.--
``(1) In general.--The Federal portion for a fiscal year
may not be used to acquire any interest in land or water unless
the following have occurred:
``(A) All actions required under Federal law with
respect to the acquisition have been complied with.
``(B) A copy of each final environmental impact
statement or environmental assessment required by law,
and a summary of all public comments regarding the
acquisition that have been received by the agency
making the acquisition, are submitted to the Committee
on Resources of the House of Representatives, the
Committee on Energy and Natural Resources of the
Senate, and the Committees on Appropriations of the
House of Representatives and of the Senate.
``(C) A notice of the availability of such
statement or assessment and of such summary is provided
to--
``(i) each Member of and each Delegate and
Resident Commissioner to the Congress elected
to represent the area in which the land is
located;
``(ii) the Governor of the State in which
the land is located; and
``(iii) each State political subdivision
having jurisdiction over the land.
``(2) Limitation on application.--Paragraph (1) shall not
apply to any acquisition that is specifically authorized by a
Federal law.''.
SEC. 613. WATER RIGHTS.
Title I of the Land and Water Conservation Fund Act of 1965 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.''.
Subtitle C--Local Government Involvement
SEC. 621. STATE PLANNING.
(a) State Action Agenda Required.--
(1) In general.--Section 6(d) of the Land and Water
Conservation Fund Act of 1965 (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 date of the enactment
of the Get Outdoors Act of 2004, 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 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 a 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.--A comprehensive State Plan
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 date of 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 date of the enactment of this
Act.
(b) Miscellaneous.--Section 6(e) of the Land and Water Conservation
Fund Act of 1965 (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''.
SEC. 622. ASSISTANCE TO STATES FOR OTHER PROJECTS.
Section 6(e) of the Land and Water Conservation Fund Act of 1965
(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. 623. CONVERSION OF PROPERTY TO OTHER USE.
Section 6(f)(3) of the Land and Water Conservation Fund Act of 1965
(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. 624. REQUIREMENTS FOR ACQUISITION OF LANDS IN MONTANA WITH FEDERAL
PORTION.
Section 7 of the Land and Water Conservation Fund Act of 1965 (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.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Resources.
Referred to the Subcommittee on Forests and Forest Health.
Executive Comment Requested from Commerce, Interior, USDA.
Referred to the Subcommittee on National Parks, Recreation and Public Lands.
Referred to the Subcommittee on Fisheries Conservation, Wildlife and Oceans.
Referred to the Subcommittee on Energy and Mineral Resources.
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