I 

110TH CONGRESS 

2D SESSION H. R. 5820 

To authorize the Forest Service to provide financial assistance to States 

for the acquisition of land to preserve and maintain such land for 

traditional use by the public, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 16, 2008 

Mr. ALLEN (for himself and Mr. MICHAUD) introduced the following bill; 

which was referred to the Committee on Natural Resources 

A BILL 

To authorize the Forest Service to provide financial assistance to States for the acquisition of land to preserve 

and maintain such land for traditional use by the public, 

and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Traditional Use Pro5 tection Act of 2008’’. 


bajohnson on PROD1PC77 with BILLS
2 

•HR 5820 IH

1 SEC. 2. SUPPORT FOR THE TRADITIONAL USE OF LANDS. 

2 (a) GRANTS.—The Chief of the Forest Service shall 

3 establish a program to award grants, on a competitive 

4 basis, to States for the purpose of allowing such States— 

5 (1) to acquire the rights to land to make such 

6 land available to the public for traditional use; and 

7 (2) to make subgrants to an entity to allow 

8 such entity to acquire the rights to land to make 

9 such land available to the public for traditional use. 

10 (b) REQUIREMENTS FOR USE OF FUNDS.— 

11 (1) IN GENERAL.—A State shall use the funds 

12 received under this section only— 

13 (A) to purchase land, acquire an easement, 

14 or take other actions to acquire rights to land, 

15 as long as such purchase, acquisition, or other 

16 action results in the State holding rights to the 

17 land in perpetuity; and 

18 (B) to make a subgrant to an entity to 

19 allow such entity to purchase land, acquire an 

20 easement, or take other actions to acquire 

21 rights to land, as long as such purchase, acqui22 sition, or other action results in the entity hold23 ing rights to the land in perpetuity. 

24 (2) WILLING SELLERS.—A State or entity may 

25 only use funds received through a grant or subgrant 


bajohnson on PROD1PC77 with BILLS
3 

•HR 5820 IH

1 under subsection (a) to acquire rights to land from 

2 a willing seller. 

3 (3) EMINENT DOMAIN PROHIBITED.—A State 

4 may not use funds received through a grant under 

5 subsection (a) to acquire land through eminent do6 main. 

7 (c) ACCESS.—A State or entity shall make any land 

8 purchased, acquired, or otherwise obtained using funds re9 ceived through a grant or subgrant under subsection (a) 

10 available to the public for appropriate traditional use, as 

11 determined by the State. 

12 (d) APPLICATION.— 

13 (1) IN GENERAL.—To be considered for a grant 

14 under this section, a State shall submit to the Chief 

15 an application at such time and in such manner as 

16 the Chief may require. 

17 (2) CONTENTS.—The application shall include 

18 the following: 

19 (A) Information demonstrating the com20 mitment of the State to stewardship and main21 tenance of land currently held by the State for 

22 traditional and recreational use (including park 

23 land). 

24 (B) Certification by the State that the 

25 State maintains a landowner relations program. 


bajohnson on PROD1PC77 with BILLS
4 

•HR 5820 IH

1 (C) A copy of the comprehensive State 

2 plan. 

3 (D) Such information as the Chief may re4 quire. 

5 (e) COST SHARING.—The amount of any grant under 

6 this section may not exceed 75 percent of the total cost 

7 of the land rights acquired with the grant. 

8 (f) PUBLICATION OF CRITERIA.—Not later than 60 

9 days after the date of enactment of this Act, the Chief 

10 shall publish criteria for making grants under subsection 

11 (a) in the Federal Register. 

12 (g) REPORT.—Not later than one year after the date 

13 of enactment of this Act, and annually thereafter, the 

14 Chief shall submit to Congress a report on the grant pro15 gram established under subsection (a). 

16 (h) DEFINITIONS.—For purposes of this section: 

17 (1) CHIEF.—The term ‘‘Chief’’ means the Chief 

18 of the Forest Service. 

19 (2) COMPREHENSIVE STATE PLAN.—The term 

20 ‘‘comprehensive State plan’’ means a comprehensive 

21 plan developed by the State, regarding recreational 

22 access to and conservation of land in the State, 

23 that— 


bajohnson on PROD1PC77 with BILLS
5 

•HR 5820 IH

1 (A) is developed through a process that in2 volves interested persons from both the public 

3 and private sectors, including landowners; and 

4 (B) includes strategies for developing part5 nerships between the public and private sectors 

6 to develop, improve, and preserve traditional 

7 recreational opportunities. 

8 (3) LANDOWNER RELATIONS PROGRAM.—The 

9 term ‘‘landowner relations program’’ means a pro10 gram established by the State that— 

11 (A) engages private landowners to facili12 tate public access to their property for tradi13 tional use; 

14 (B) addresses the concerns of landowners 

15 relating to public access to private land; and 

16 (C) serves as a clearinghouse for informa17 tion about rules, regulations, certifications, and 

18 procedures for land use. 

19 (4) PROGRAM.—The term ‘‘program’’ means 

20 the grant program established under subsection (a). 

21 (5) TRADITIONAL USE.— 

22 (A) IN GENERAL.—Except as provided in 

23 subparagraph (B), the term ‘‘traditional use’’ 

24 has the meaning given that term by the State 

25 receiving a grant under subsection (a). Such 


bajohnson on PROD1PC77 with BILLS
6 

•HR 5820 IH

1 term may include hunting, fishing, access to 

2 water, motorized recreation, hiking, bird watch3 ing, and non-motorized recreational activities. 

4 (B) EXCLUSION.—The term ‘‘traditional 

5 use’’ does not include residential or commercial 

6 development. 

7 SEC. 3. AUTHORIZATION OF APPROPRIATIONS. 

8 There is authorized to be appropriated to the Chief 

9 to carry out this Act, $50,000,000 for each fiscal year 

10 from 2009 through 2013. 

Æ 


bajohnson on PROD1PC77 with BILLS