I 

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. 

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 ‘‘Get Outdoors Act of 

5 2004’’. 
2 

•HR 4100 IH 

1 SEC. 2. TABLE OF CONTENTS. 

2 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. 
3 

•HR 4100 IH 

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. 

1 SEC. 3. DEFINITIONS. 

2 For purposes of this Act: 

3 (1) The term ‘‘coastal population’’ means the 

4 population of all political subdivisions, as determined 
4 

•HR 4100 IH 

1 by the most recent official data of the Census Bu2 reau, contained in whole or in part within the des3 ignated coastal boundary of a State as defined in a 

4 State’s coastal zone management program under the 

5 Coastal Zone Management Act of 1972 (16 U.S.C. 

6 1451 et seq.). 

7 (2) The term ‘‘coastal political subdivision’’ 

8 means a political subdivision of a coastal State all or 

9 part of which political subdivision is within the 

10 coastal zone (as defined in section 304 of the Coast11 al Zone Management Act of 1972 (16 U.S.C. 

12 1453)). 

13 (3) The term ‘‘coastal State’’ has the same 

14 meaning as provided by section 304 of the Coastal 

15 Zone Management Act of 1972 (16 U.S.C. 1453). 

16 (4) The term ‘‘coastline’’ has the same meaning 

17 that it has in the Submerged Lands Act (43 U.S.C. 

18 1301 et seq.). 

19 (5) The term ‘‘distance’’ means minimum great 

20 circle distance, measured in statute miles. 

21 (6) The term ‘‘fiscal year’’ means the Federal 

22 Government’s accounting period which begins on Oc23 tober 1st and ends on September 30th, and is des24 ignated by the calendar year in which it ends. 
5 

•HR 4100 IH 

1 (7) The term ‘‘Governor’’ means the highest 

2 elected official of a State or of any other political en3 tity that is defined as, or treated as, a State under 

4 the Land and Water Conservation Fund Act of 1965 

5 (16 U.S.C. 460l–4 et seq.), the Pittman-Robertson 

6 Wildlife Restoration Act (16 U.S.C. 669 et seq.), the 

7 Urban Park and Recreation Recovery Act of 1978 

8 (16 U.S.C. 2501 et seq.), or the National Historic 

9 Preservation Act (16 U.S.C. 470h et seq.). 

10 (8) The term ‘‘Indian tribe’’— 

11 (A) except as provided in subparagraph 

12 (B), means any federally recognized Indian 

13 tribe; and 

14 (B) in the case of Alaska, means only a 

15 Native corporation, as that term is defined in 

16 section 3 of the Alaska Native Claims Settle17 ment Act (43 U.S.C. 1602). 

18 (9) The term ‘‘leased tract’’ means a tract, 

19 leased under section 6 or 8 of the Outer Continental 

20 Shelf Lands Act (43 U.S.C. 1335, 1337) for the 

21 purpose of drilling for, developing, and producing oil 

22 or natural gas resources, which is a unit consisting 

23 of either a block, a portion of a block, a combination 

24 of blocks or portions of blocks, or a combination of 

25 portions of blocks, as specified in the lease, and as 
6 

•HR 4100 IH 

1 depicted on an Outer Continental Shelf Official Pro2 traction Diagram. 

3 (10) The term ‘‘Outer Continental Shelf’’ 

4 means all submerged lands lying seaward and out5 side of the area of lands beneath navigable waters 

6 (as defined in section 2(a) of the Submerged Lands 

7 Act (43 U.S.C. 1301(a)), and of which the subsoil 

8 and seabed appertain to the United States and are 

9 subject to its jurisdiction and control. 

10 (11) The term ‘‘political subdivision’’ means the 

11 local political jurisdiction immediately below the level 

12 of State government, including counties, parishes, 

13 and boroughs. If State law recognizes an entity of 

14 general government that functions in lieu of, and is 

15 not within, a county, parish, or borough, the Sec16 retary may recognize an area under the jurisdiction 

17 of such other entities of general government as a po18 litical subdivision for purposes of this Act. 

19 (12) The term ‘‘producing State’’ means a 

20 State with a coastal seaward boundary within 200 

21 miles from the geographic center of a leased tract 

22 other than a leased tract or portion of a leased tract 

23 that is located in a geographic area subject to a leas24 ing moratorium on January 1, 2001 (unless the 

25 lease was issued prior to the establishment of the 
7 

•HR 4100 IH 

1 moratorium and was in production on January 1, 

2 2001). 

3 (13) The term ‘‘qualified Outer Continental 

4 Shelf revenues’’ means (except as otherwise provided 

5 in this paragraph) all moneys received by the United 

6 States from each leased tract or portion of a leased 

7 tract lying seaward of the zone defined and governed 

8 by section 8(g) of the Outer Continental Shelf Lands 

9 Act (43 U.S.C. 1337(g)), or lying within such zone 

10 but to which section 8(g) does not apply, the geo11 graphic center of which lies within a distance of 200 

12 miles from any part of the coastline of any coastal 

13 State, including bonus bids, rents, royalties (includ14 ing payments for royalty taken in kind and sold), 

15 net profit share payments, and related late-payment 

16 interest from natural gas and oil leases issued pur17 suant to the Outer Continental Shelf Lands Act. 

18 Such term does not include any revenues from a 

19 leased tract or portion of a leased tract that is lo20 cated in a geographic area subject to a leasing mora21 torium on January 1, 2001, unless the lease was 

22 issued prior to the establishment of the moratorium 

23 and was in production on January 1, 2001. 
8 

•HR 4100 IH 

1 (14) The term ‘‘Secretary’’ means the Secretary 

2 of the Interior or the Secretary’s designee, except as 

3 otherwise specifically provided. 

4 (15) The term ‘‘Fund’’ means the Get Outdoors 

5 Act Fund established under section 5. 

6 SEC. 4. ANNUAL REPORTS. 

7 (a) STATE REPORTS.—On June 15 of each year, each 

8 Governor receiving moneys from the Fund shall account 

9 for all moneys so received for the previous fiscal year in 

10 a written report to the Secretary of the Interior. The re11 port shall include, in accordance with regulations pre12 scribed by the Secretary, a description of all projects and 

13 activities receiving funds under this Act. In order to avoid 

14 duplication, such report may incorporate by reference any 

15 other reports required to be submitted under other provi16 sions of law to the Secretary by the Governor regarding 

17 any portion of such moneys. 

18 (b) REPORT TO CONGRESS.—On January 1 of each 

19 year the Secretary of the Interior shall submit an annual 

20 report to the Congress documenting all moneys expended 

21 by the Secretary of the Interior from the Fund during the 

22 previous fiscal year and summarizing the contents of the 

23 Governors’ reports submitted to the Secretary under sub24 section (a). 
9 

•HR 4100 IH 

1 SEC. 5. GET OUTDOORS ACT FUND. 

2 (a) ESTABLISHMENT OF FUND.—There is estab3 lished in the Treasury of the United States a fund which 

4 shall be known as the ‘‘Get Outdoors Act Fund’’. In each 

5 fiscal year after the fiscal year 2004, the Secretary of the 

6 Treasury shall deposit into the Fund the following 

7 amounts: 

8 (1) OCS REVENUES.—An amount in each such 

9 fiscal year from qualified Outer Continental Shelf 

10 revenues equal to the difference between 

11 $3,125,000,000 and the amounts deposited in the 

12 Fund under paragraphs (2) and (3), notwith13 standing section 9 of the Outer Continental Shelf 

14 Lands Act (43 U.S.C. 1338). 

15 (2) AMOUNTS NOT DISBURSED.—All allocated 

16 but undisbursed amounts returned to the Fund 

17 under section 101(a)(2). 

18 (3) INTEREST.—All interest earned under sub19 section (d). 

20 (b) TRANSFER FOR EXPENDITURE.—In each fiscal 

21 year after the fiscal year 2005, the Secretary of the Treas22 ury shall transfer amounts deposited into the Fund as fol23 lows: 

24 (1) $1,000,000,000 to the Secretary of the In25 terior for purposes of making payments to coastal 

26 States under title I of this Act. 
10 

•HR 4100 IH 

1 (2) To the Land and Water Conservation Fund 

2 for expenditure as provided in section 3(a) of the 

3 Land and Water Conservation Fund Act of 1965 

4 (16 U.S.C. 460l–6(a)), as amended by subtitle A of 

5 title II of this Act, such amounts as are necessary 

6 to make the income of the fund $900,000,000 in 

7 each such fiscal year. 

8 (3) $350,000,000 to the Federal aid to wildlife 

9 restoration fund established under section 3 of the 

10 Pittman-Robertson Wildlife Restoration Act (16 

11 U.S.C. 669b), as amended by title III of this Act. 

12 (4) $125,000,000 to the Secretary of the Inte13 rior to carry out the Urban Park and Recreation Re14 covery Act of 1978 (16 U.S.C. 2501 et seq.), as 

15 amended by subtitle A of title V of this Act. 

16 (5) $160,000,000 to the Secretary of the Inte17 rior for historic preservation purposes, of which— 

18 (A) $150,000,000 shall be used to carry 

19 out the National Historic Preservation Act (16 

20 U.S.C. 470 et seq.), as amended by subtitle B 

21 of title V of this Act; and 

22 (B) $10,000,000 shall be used to carry out 

23 the National Maritime Heritage Act of 1994 

24 (16 U.S.C. 5401 et seq.), as amended by that 

25 subtitle. 
11 

•HR 4100 IH 

1 (6) $200,000,000 to the Secretary of the Inte2 rior and the Secretary of Agriculture to carry out 

3 subtitle C of title II of this Act. 

4 (7) $50,000,000 to the Secretary of the Interior 

5 to develop and implement Imperiled Wildlife and 

6 Rare Plant Recovery Agreements under title IV of 

7 this Act. 

8 (8) $350,000,000 to the Secretary of the Inte9 rior to carry out subtitle B of title II of this Act. 

10 (c) SHORTFALL.—If amounts referred to in para11 graphs (1) through (3) of subsection (a) in any fiscal year 

12 after the fiscal year 2004 are less than $3,125,000,000, 

13 the amounts transferred under paragraphs (1) through (8) 

14 of subsection (b) for that fiscal year shall each be reduced 

15 proportionately. 

16 (d) INTEREST.—The Secretary of the Treasury shall 

17 invest moneys in the Fund (including interest), and in any 

18 fund or account to which moneys are transferred pursuant 

19 to subsection (b) of this section, in public debt securities 

20 with maturities suitable to the needs of the Fund, as de21 termined by the Secretary of the Treasury, and bearing 

22 interest at rates determined by the Secretary of the Treas23 ury, taking into consideration current market yields on 

24 outstanding marketable obligations of the United States 

25 of comparable maturity. Such invested moneys shall re-
12 

•HR 4100 IH 

1 main invested until needed to meet requirements for dis2 bursement for the programs financed under this Act. 

3 (e) REFUNDS.—In those instances where through ju4 dicial decision, administrative review, arbitration, or other 

5 means there are royalty refunds owed to entities gener6 ating revenues under this title, refunds shall be paid by 

7 the Secretary of the Treasury from amounts available in 

8 the Fund to the extent that such refunds are attributable 

9 to qualified Outer Continental Shelf revenues deposited in 

10 the Fund under this Act. 

11 (f) INTENT OF CONGRESS TO SUPPLEMENT ANNUAL

12 APPROPRIATIONS FOR NATIONAL PARK SERVICE.— 

13 Amounts made available by this Act are intended by the 

14 Congress to supplement, and not detract from, annual ap15 propriations for the National Park Service. 

16 SEC. 6. LIMITATION ON USE OF AVAILABLE AMOUNTS FOR 

17 ADMINISTRATION. 

18 Notwithstanding any other provision of law, of 

19 amounts made available by this Act (including the amend20 ments made by this Act) for a particular activity, not more 

21 than 2 percent may be used for administrative expenses 

22 of that activity. Nothing in this section shall affect section 

23 4(c)(3) of the Pittman-Robertson Wildlife Restoration Act 

24 (16 U.S.C. 669c(c)(3)). 
13 

•HR 4100 IH 

1 SEC. 7. RECORDKEEPING REQUIREMENTS. 

2 The Secretary of the Interior in consultation with the 

3 Secretary of Agriculture shall establish such rules regard4 ing recordkeeping by State and local governments and the 

5 auditing of expenditures made by State and local govern6 ments from funds made available under this Act as may 

7 be necessary. Such rules shall be in addition to other re8 quirements established regarding recordkeeping and the 

9 auditing of such expenditures under other authority of 

10 law. 

11 SEC. 8. MAINTENANCE OF EFFORT AND MATCHING FUND12 ING. 

13 (a) IN GENERAL.—It is the intent of the Congress 

14 in this Act that States not use this Act as an opportunity 

15 to reduce State or local resources for the programs funded 

16 by this Act. Except as provided in subsection (b), no State 

17 or local government shall receive any funds under this Act 

18 during any fiscal year when its expenditures of non-Fed19 eral funds for recurrent expenditures for programs for 

20 which funding is provided under this Act will be less than 

21 its expenditures were for such programs during the pre22 ceding fiscal year. No State or local government shall re23 ceive funding under this Act with respect to a program 

24 unless the Secretary is satisfied that such a grant will be 

25 so used to supplement and, to the extent practicable, in-
14 

•HR 4100 IH 

1 crease the level of State, local, or other non-Federal funds 

2 available for such program. 

3 (b) EXCEPTION.—The Secretary may provide fund4 ing under this Act to a State or local government not 

5 meeting the requirements of subsection (a) if the Sec6 retary determines that a reduction in expenditures— 

7 (1) is attributable to a nonselective reduction in 

8 expenditures for the programs of all executive 

9 branch agencies of the State or local government; or 

10 (2) is a result of reductions in State or local 

11 revenue as a result of a downturn in the economy. 

12 (c) USE OF FUND TO MEET MATCHING REQUIRE13 MENTS.—All funds received by a State or local govern14 ment under this Act shall be treated as Federal funds for 

15 purposes of compliance with any provision in effect under 

16 any other law requiring that non-Federal funds be used 

17 to provide a portion of the funding for any program or 

18 project. 

19 SEC. 9. SUNSET. 

20 This Act, including the amendments made by this 

21 Act, shall have no force or effect after September 30, 

22 2024. 
15 

•HR 4100 IH 

1 TITLE I—ASSISTING COASTAL 

2 COMMUNITIES AND RECOV3 ERING FISHERIES 

4 SEC. 101. COMMUNITY ASSISTANCE FORMULA AND PAY5 MENTS. 

6 (a) IMPACT ASSISTANCE PAYMENTS TO STATES.— 

7 (1) GRANT PROGRAM.—Amounts transferred to 

8 the Secretary of the Interior from the Get Outdoors 

9 Act Fund under section 5(b)(1) of this Act for pur10 poses of making payments to coastal States under 

11 this title in any fiscal year shall be allocated by the 

12 Secretary of the Interior among coastal States as 

13 provided in this section in each such fiscal year. In 

14 each such fiscal year, the Secretary of the Interior 

15 shall, without further appropriation, disburse such 

16 allocated funds to those coastal States for which the 

17 Secretary has approved a Coastal State Conservation 

18 and Impact Assistance Plan as required by this title. 

19 Payments for all projects shall be made by the Sec20 retary to the Governor of the State or to the State 

21 official or agency designated by the Governor or by 

22 State law as having authority and responsibility to 

23 accept and to administer funds paid hereunder. No 

24 payment shall be made to any State until the State 

25 has agreed to provide such reports to the Secretary, 
16 

•HR 4100 IH 

1 in such form and containing such information, as 

2 may be reasonably necessary to enable the Secretary 

3 to perform his duties under this title, and provide 

4 such fiscal control and fund accounting procedures 

5 as may be necessary to assure proper disbursement 

6 and accounting for Federal revenues paid to the 

7 State under this title. 

8 (2) FAILURE TO HAVE PLAN APPROVED.—At 

9 the end of each fiscal year, the Secretary shall re10 turn to the Get Outdoors Act Fund any amount that 

11 the Secretary allocated, but did not disburse, in that 

12 fiscal year to a coastal State that does not have an 

13 approved plan under this title before the end of the 

14 fiscal year in which such grant is allocated, except 

15 that the Secretary shall hold in escrow until the final 

16 resolution of the appeal any amount allocated, but 

17 not disbursed, to a coastal State that has appealed 

18 the disapproval of a plan submitted under this title. 

19 (b) ALLOCATION AMONG COASTAL STATES.— 

20 (1) ALLOCABLE SHARE FOR EACH STATE.—For 

21 each coastal State, the Secretary shall determine the 

22 State’s allocable share of the total amount of the 

23 revenues transferred from the Fund under section 

24 5(b)(1) for each fiscal year using the following 

25 weighted formula: 
17 

•HR 4100 IH 

1 (A) Fifty percent of such revenues shall be 

2 allocated among the coastal States as provided 

3 in paragraph (2). 

4 (B) Twenty-five percent of such revenues 

5 shall be allocated to each coastal State based on 

6 the ratio of each State’s shoreline miles to the 

7 shoreline miles of all coastal States. 

8 (C) Twenty-five percent of such revenues 

9 shall be allocated to each coastal State based on 

10 the ratio of each State’s coastal population to 

11 the coastal population of all coastal States. 

12 (2) OFFSHORE OUTER CONTINENTAL SHELF

13 SHARE.—If any portion of a producing State lies 

14 within a distance of 200 miles from the geographic 

15 center of any leased tract with qualified Outer Con16 tinental Shelf revenues, the Secretary of the Interior 

17 shall determine such State’s allocable share under 

18 paragraph (1)(A) based on the formula set forth in 

19 this paragraph. Such State share shall be calculated 

20 as of the date of the enactment of this Act. Each 

21 such State’s allocable share of the revenues dis22 bursed under paragraph (1)(A) shall be based on 

23 qualified Outer Continental Shelf revenues from 

24 each leased tract or portion of a leased tract the ge25 ographic center of which is within a distance (to the 
18 

•HR 4100 IH 

1 nearest whole mile) of 200 miles from the coastline 

2 of the State and shall be inversely proportional to 

3 the distance between the nearest point on the coast4 line of such State and the geographic center of each 

5 such leased tract or portion, as determined by the 

6 Secretary. In applying this paragraph a leased tract 

7 or portion of a leased tract shall be excluded if the 

8 tract or portion is located in a geographic area sub9 ject to a leasing moratorium on January 1, 2001, 

10 unless the lease was issued prior to the establish11 ment of the moratorium and was in production on 

12 January 1, 2001. 

13 (3) MINIMUM STATE SHARE.— 

14 (A) IN GENERAL.—The allocable share of 

15 revenues determined by the Secretary under 

16 this subsection for each coastal State with a 

17 management program approved by the Sec18 retary of Commerce under the Coastal Zone 

19 Management Act of 1972 (16 U.S.C. 1451 et 

20 seq.), or which is making satisfactory progress 

21 toward one, shall not be less in any fiscal year 

22 than 0.50 percent of the total amount of the 

23 revenues transferred by the Secretary of the 

24 Treasury to the Secretary of the Interior for 

25 purposes of this title for that fiscal year under 
19 

•HR 4100 IH 

1 subsection (a). For any other coastal State the 

2 allocable share of such revenues shall not be 

3 less than 0.25 percent of such revenues. 

4 (B) RECOMPUTATION.—Where one or 

5 more coastal States’ allocable shares, as com6 puted under paragraphs (1) and (2), are in7 creased by any amount under this paragraph, 

8 the allocable share for all other coastal States 

9 shall be recomputed and reduced by the same 

10 amount so that not more than 100 percent of 

11 the amount transferred by the Secretary of the 

12 Treasury to the Secretary of the Interior for 

13 purposes of this title for that fiscal year under 

14 section 5(b)(1) is allocated to all coastal States. 

15 The reduction shall be divided pro rata among 

16 such other coastal States. 

17 (c) PAYMENTS TO POLITICAL SUBDIVISIONS.—In the 

18 case of a producing State, the Governor of the State shall 

19 pay 50 percent of the State’s allocable share, as deter20 mined under subsection (b), to the coastal political sub21 divisions in such State. Such payments shall be allocated 

22 among such coastal political subdivisions of the State ac23 cording to an allocation formula analogous to the alloca24 tion formula used in subsection (b) to allocate revenues 

25 among the coastal States, except that a coastal political 
20 

•HR 4100 IH 

1 subdivision in the State of California that has a coastal 

2 shoreline, that is not within 200 miles of the geographic 

3 center of a leased tract or portion of a leased tract, and 

4 in which there is located one or more oil refineries shall 

5 be eligible for that portion of the allocation described in 

6 subsection (b)(1)(A) and (b)(2) in the same manner as 

7 if that political subdivision were located within a distance 

8 of 50 miles from the geographic center of the closest 

9 leased tract with qualified Outer Continental Shelf reve10 nues. 

11 (d) TIME OF PAYMENT.—Payments to coastal States 

12 and coastal political subdivisions under this section shall 

13 be made not later than December 31 of each year from 

14 revenues received during the immediately preceding fiscal 

15 year. 

16 SEC. 102. COASTAL STATE CONSERVATION AND IMPACT AS17 SISTANCE PLANS. 

18 (a) DEVELOPMENT AND SUBMISSION OF STATE

19 PLANS.—Each coastal State seeking to receive grants 

20 under this title shall prepare, and submit to the Secretary, 

21 a Statewide Coastal State Conservation and Impact As22 sistance Plan. In the case of a producing State, the Gov23 ernor shall incorporate the plans of the coastal political 

24 subdivisions into the Statewide plan for transmittal to the 

25 Secretary. The Governor shall solicit local input and shall 
21 

•HR 4100 IH 

1 provide for public participation in the development of the 

2 Statewide plan. The plan shall be submitted to the Sec3 retary by April 1 of the calendar year after the calendar 

4 year in which this Act is enacted. 

5 (b) APPROVAL OR DISAPPROVAL.— 

6 (1) IN GENERAL.—Approval of a Statewide 

7 plan under subsection (a) is required prior to dis8 bursement of funds under this title by the Secretary. 

9 The Secretary shall approve the Statewide plan if 

10 the Secretary determines, in consultation with the 

11 Secretary of Commerce, that the plan is consistent 

12 with the uses set forth in subsection (c) and if the 

13 plan contains each of the following: 

14 (A) The name of the State agency that will 

15 have the authority to represent and act for the 

16 State in dealing with the Secretary for purposes 

17 of this title. 

18 (B) A program for the implementation of 

19 the plan which shall include (i) a description of 

20 how the plan will address environmental con21 cerns, (ii) for producing States, a description of 

22 how funds will be used to address the impacts 

23 of oil and gas production from the Outer Conti24 nental Shelf, and (iii) a description of how the 

25 State will evaluate the effectiveness of the plan. 
22 

•HR 4100 IH 

1 (C) Certification by the Governor that 

2 ample opportunity has been accorded for public 

3 participation in the development and revision of 

4 the plan. 

5 (D) Measures for taking into account other 

6 relevant Federal resources and programs. The 

7 plan shall be correlated so far as practicable 

8 with other State, regional, and local plans. 

9 (2) PROCEDURE AND TIMING; REVISIONS.—The 

10 Secretary shall approve or disapprove each plan sub11 mitted in accordance with this section. If a State 

12 first submits a plan by not later than 90 days before 

13 the beginning of the first fiscal year to which the 

14 plan applies, the Secretary shall approve or dis15 approve the plan by not later than 30 days before 

16 the beginning of that fiscal year. 

17 (3) AMENDMENT OR REVISION.—Any amend18 ment to or revision of the plan shall be prepared in 

19 accordance with the requirements of this subsection 

20 and shall be submitted to the Secretary for approval 

21 or disapproval. Any such amendment or revision 

22 shall take effect only for fiscal years after the fiscal 

23 year in which the amendment or revision is approved 

24 by the Secretary. 
23 

•HR 4100 IH 

1 (c) AUTHORIZED USES OF STATE GRANT FUND2 ING.—The funds provided under this title to a coastal 

3 State and for coastal political subdivisions are authorized 

4 to be used in compliance with Federal and State law only 

5 for one or more of the following purposes: 

6 (1) Data collection, including but not limited to 

7 fishery or marine mammal stock surveys in State 

8 waters or both, cooperative State, interstate, and 

9 Federal fishery or marine mammal stock surveys or 

10 both, cooperative initiatives with university and pri11 vate entities for fishery and marine mammal sur12 veys, activities related to marine mammal and fish13 ery interactions, and other coastal living marine re14 sources surveys. 

15 (2) The conservation, restoration, enhancement, 

16 or creation of coastal habitats. 

17 (3) Cooperative Federal or State enforcement of 

18 marine resources management statutes. 

19 (4) Fishery observer coverage programs in 

20 State or Federal waters. 

21 (5) Invasive, exotic, and nonindigenous species 

22 identification and control. 

23 (6) Coordination and preparation of cooperative 

24 fishery conservation and management plans between 

25 States, including the development and implementa-
24 

•HR 4100 IH 

1 tion of population surveys, assessments and moni2 toring plans, and the preparation and implementa3 tion of State fishery management plans developed by 

4 interstate marine fishery commissions. 

5 (7) Preparation and implementation of State 

6 fishery or marine mammal management plans that 

7 comply with bilateral or multilateral international 

8 fishery or marine mammal conservation and man9 agement agreements or both. 

10 (8) Coastal and ocean observations necessary to 

11 develop and implement real time tide and current 

12 measurement systems. 

13 (9) Implementation of federally approved ma14 rine, coastal, or comprehensive conservation and 

15 management plans. 

16 (10) Mitigating marine and coastal impacts of 

17 Outer Continental Shelf activities, including impacts 

18 on onshore infrastructure. 

19 (11) Projects that promote research, education, 

20 training, and advisory services in fields related to 

21 ocean, coastal, and Great Lakes resources. 

22 (d) COMPLIANCE WITH AUTHORIZED USES.—Based 

23 on the annual reports submitted under section 4 and on 

24 audits conducted by the Secretary under section 7, the 

25 Secretary shall review the expenditures made by each 
25 

•HR 4100 IH 

1 State and coastal political subdivision from funds made 

2 available under this title. If the Secretary determines that 

3 any expenditure made by a State or coastal political sub4 division of a State from such funds is not consistent with 

5 the authorized uses set forth in subsection (c), the Sec6 retary shall not make any further grants under this title 

7 to that State until the funds used for such expenditure 

8 have been repaid to the Get Outdoors Act Fund. 

9 TITLE II—IMPROVING PUBLIC 

10 LANDS AND STRENGTHENING 

11 RURAL COMMUNITIES 

12 Subtitle A—Improving Public 

13 Lands 

14 SEC. 201. AMENDMENT OF LAND AND WATER CONSERVA15 TION FUND ACT OF 1965. 

16 Except as otherwise expressly provided, whenever in 

17 this title an amendment or repeal is expressed in terms 

18 of an amendment to, or repeal of, a section or other provi19 sion, the reference shall be considered to be made to a 

20 section or other provision of the Land and Water Con21 servation Fund Act of 1965 (16 U.S.C. 460l–4 et seq.). 

22 SEC. 202. EXTENSION OF FUND; TREATMENT OF AMOUNTS 

23 TRANSFERRED FROM GET OUTDOORS ACT 

24 FUND. 

25 Section 2(c) is amended to read as follows: 
26 

•HR 4100 IH 

1 ‘‘(c) AMOUNTS TRANSFERRED FROM GET OUT2 DOORS ACT FUND.—In addition to the sum of the reve3 nues and collections estimated by the Secretary of the In4 terior to be covered into the fund pursuant to subsections 

5 (a) and (b) of this section, there shall be covered into the 

6 fund all amounts transferred to the fund under section 

7 5(b)(2) of the Get Outdoors Act.’’. 

8 SEC. 203. AVAILABILITY OF AMOUNTS. 

9 Section 3 (16 U.S.C. 460l–6) is amended to read as 

10 follows: 

11 ‘‘APPROPRIATIONS

12 ‘‘SEC. 3. (a) IN GENERAL.—There are authorized to 

13 be appropriated to the Secretary from the fund to carry 

14 out this Act not more than $900,000,000 in any fiscal 

15 year after the fiscal year 2005. Amounts transferred to 

16 the fund from the Get Outdoors Act Fund and amounts 

17 covered into the fund under subsections (a) and (b) of sec18 tion 2 shall be available to the Secretary in fiscal years 

19 after the fiscal year 2005 without further appropriation 

20 to carry out this Act. 

21 ‘‘(b) OBLIGATION AND EXPENDITURE OF AVAILABLE

22 AMOUNTS.—Amounts available for obligation or expendi23 ture from the fund or from the special account established 

24 under section 4(i)(1) may be obligated or expended only 

25 as provided in this Act.’’. 
27 

•HR 4100 IH 

1 SEC. 204. ALLOCATION OF FUND. 

2 Section 5 (16 U.S.C. 460l–7) is amended to read as 

3 follows: 

4 ‘‘ALLOCATION OF FUNDS

5 ‘‘SEC. 5. Of the amounts made available for each fis6 cal year to carry out this Act— 

7 ‘‘(1) 50 percent shall be available for Federal 

8 purposes (in this Act referred to as the ‘Federal por9 tion’); and 

10 ‘‘(2) 50 percent shall be available for grants to 

11 States.’’. 

12 SEC. 205. ALLOCATION OF AMOUNTS AVAILABLE FOR 

13 STATE PURPOSES. 

14 (a) IN GENERAL.—Section 6(b) (16 U.S.C. 460l– 

15 8(b)) is amended to read as follows: 

16 ‘‘(b) DISTRIBUTION AMONG THE STATES.—(1) Sums 

17 in the fund available each fiscal year for State purposes 

18 shall be apportioned among the several States by the Sec19 retary, in accordance with this subsection. The determina20 tion of the apportionment by the Secretary shall be final. 

21 ‘‘(2) Subject to paragraph (3), of sums in the fund 

22 available each fiscal year for State purposes— 

23 ‘‘(A) 30 percent shall be apportioned equally 

24 among the several States; and 

25 ‘‘(B) 70 percent shall be apportioned so that 

26 the ratio that the amount apportioned to each State 
28 

•HR 4100 IH 

1 under this subparagraph bears to the total amount 

2 apportioned under this subparagraph for the fiscal 

3 year is equal to the ratio that the population of the 

4 State bears to the total population of all States. 

5 No amount may be apportioned under this paragraph to 

6 any State (in this subsection referred to as an ‘unfunded 

7 State’) that has not established a dedicated State land ac8 quisition fund that is funded through the State’s budget 

9 process. The amount that would have been apportioned 

10 to any such unfunded State under this paragraph shall 

11 be reapportioned to other States in accordance with sub12 paragraphs (A) and (B). 

13 ‘‘(3) The total allocation to an individual State for 

14 a fiscal year under paragraph (2) shall not exceed 10 per15 cent of the total amount allocated to the several States 

16 under paragraph (2) for that fiscal year. 

17 ‘‘(4) The Secretary shall notify each State of its ap18 portionment, and the amounts thereof shall be available 

19 thereafter to the State for planning, acquisition, or devel20 opment projects as hereafter described. Any amount of 

21 any apportionment under this subsection that has not 

22 been paid or obligated by the Secretary during the fiscal 

23 year in which such notification is given and the two fiscal 

24 years thereafter shall be reapportioned by the Secretary 

25 in accordance with paragraph (2), but without regard to 
29 

•HR 4100 IH 

1 the 10 percent limitation to an individual State specified 

2 in paragraph (3). 

3 ‘‘(5)(A) For the purposes of paragraph (2)(A)— 

4 ‘‘(i) the District of Columbia shall be treated as 

5 a State; and 

6 ‘‘(ii) Puerto Rico, the Virgin Islands, Guam, 

7 and American Samoa— 

8 ‘‘(I) shall be treated collectively as one 

9 State; and 

10 ‘‘(II) shall each be allocated an equal share 

11 of any amount distributed to them pursuant to 

12 clause (i). 

13 ‘‘(B) Each of the areas referred to in subparagraph 

14 (A) shall be treated as a State for all other purposes of 

15 this Act.’’. 

16 (b) TRIBES AND ALASKA NATIVE CORPORATIONS.— 

17 Section 6(b)(5) (16 U.S.C. 460l–8(b)(5)) is further 

18 amended by adding at the end the following new subpara19 graph: 

20 ‘‘(C) For the purposes of paragraph (1), all fed21 erally recognized Indian tribes, or in the case of 

22 Alaska, Native Corporations (as defined in section 3 

23 of the Alaska Native Claims Settlement Act (43 

24 U.S.C. 1602)), shall be eligible to receive shares of 

25 the apportionment under paragraph (1) in accord-
30 

•HR 4100 IH 

1 ance with a competitive grant program established 

2 by the Secretary by rule. The total apportionment 

3 available to such tribes, or in the case of Alaska, 

4 Native Corporations, shall be equivalent to the 

5 amount available to a single State. No single tribe, 

6 nor in the case of Alaska, Native Corporation, shall 

7 receive a grant that constitutes more than 10 per8 cent of the total amount made available to all tribes 

9 and Alaska, Native Corporations, pursuant to the 

10 apportionment under paragraph (1). Funds received 

11 by a tribe, or in the case of Alaska, Native Corpora12 tion, under this subparagraph may be expended only 

13 for the purposes specified in paragraphs (1) and (3) 

14 of subsection (a).’’. 

15 (c) LOCAL ALLOCATION.—Section 6(b) (16 U.S.C. 

16 460l–8(b)) is amended by adding at the end the following: 

17 ‘‘(6) Absent some compelling and annually doc18 umented reason to the contrary acceptable to the 

19 Secretary of the Interior, each State (other than an 

20 area treated as a State under paragraph (5)) shall 

21 make available as grants to local governments, at 

22 least 50 percent of the annual State apportionment, 

23 or an equivalent amount made available from other 

24 sources.’’. 
31 

•HR 4100 IH 

1 (d) STATE PROJECTS OF REGIONAL OR NATIONAL

2 SIGNIFICANCE.—Section 6(b) (16 U.S.C. 460l–8(b)) is 

3 amended by adding the following at the end: 

4 ‘‘(7)(A) Any amounts available in addition to 

5 those amounts made available under section 5 of the 

6 Get Outdoors Act in a fiscal year shall be available 

7 without further appropriation to the Secretary of the 

8 Interior to be distributed among the several States 

9 under a competitive grant program for State 

10 projects as authorized under section 6(e)(1) of na11 tional or regional significance involving one or more 

12 States. 

13 ‘‘(B) The Secretary shall award grants only to 

14 projects that would conserve open space and either 

15 conserve wildlife habitat, protect water quality, or 

16 otherwise enhance the environment, or that would 

17 protect areas that have historic or cultural value. 

18 The Secretary shall give preference to projects that 

19 would be most likely to have the greatest benefit to 

20 the environment regionally or nationally and would 

21 maintain or enhance recreational opportunities.’’. 
32 

•HR 4100 IH 

1 Subtitle B—Strengthening Rural 

2 Communities 

3 SEC. 211. PURPOSE. 

4 The purpose of this subtitle is to ensure adequate 

5 funding for— 

6 (1) payments for entitlement land under chap7 ter 69 of title 31, United States Code (relating to 

8 payments in lieu of taxes); and 

9 (2) payments under section 401 of the Act of 

10 June 15, 1935 (49 Stat. 383; 16 U.S.C. 715s) (re11 lating to refuge revenue sharing). 

12 SEC. 212. TREATMENT OF AMOUNTS TRANSFERRED FROM 

13 GET OUTDOORS ACT FUND. 

14 (a) IN GENERAL.—Amounts transferred to the Sec15 retary of the Interior under section 5(b)(8) of the Get 

16 Outdoors Act in a fiscal year shall be available to the Sec17 retary without further appropriation for payments in ac18 cordance with this section. 

19 (b) ALLOCATION.—Of the amounts referred to in 

20 subsection (a)— 

21 (1) $320,000,000 shall be used each fiscal year 

22 only for payments under chapter 69 of title 31, 

23 United States Code (relating to payments in lieu of 

24 taxes); and 
33 

•HR 4100 IH 

1 (2) $30,000,000 shall be used each fiscal year 

2 only for payments under section 401 of the Act of 

3 June 15, 1935 (49 Stat. 383; 16 U.S.C. 715s) (re4 lating to refuge revenue sharing). 

5 (c) SHORTFALL.—If amounts transferred under 

6 paragraphs (1) through (8) of section 5(b) for a fiscal year 

7 have been reduced under section 5(c), the amounts set 

8 forth in subsection (b) of this section shall each be reduced 

9 proportionately. 

10 Subtitle C—Federal and Indian 

11 Lands Enhancements 

12 SEC. 221. PURPOSE. 

13 The purpose of this subtitle is to provide a dedicated 

14 source of funding for a coordinated program on Federal 

15 and Indian lands to restore degraded lands, protect re16 sources that are threatened with degradation, and protect 

17 public health and safety. 

18 SEC. 222. TREATMENT OF AMOUNTS TRANSFERRED FROM 

19 GET OUTDOORS ACT FUND; ALLOCATION. 

20 (a) IN GENERAL.—Amounts transferred to the Sec21 retary of the Interior and the Secretary of Agriculture 

22 under section 5(b)(6) of this Act in a fiscal year shall be 

23 available without further appropriation to carry out this 

24 subtitle. 
34 

•HR 4100 IH 

1 (b) ALLOCATION.—Amounts referred to in subsection 

2 (a) shall be allocated and available as follows: 

3 (1) DEPARTMENT OF THE INTERIOR.—Seventy 

4 percent shall be allocated and available to the Sec5 retary of the Interior to carry out the purpose of 

6 this subtitle on lands within the National Park Sys7 tem, lands within the National Wildlife Refuge Sys8 tem, and public lands administered by the Bureau of 

9 Land Management. A priority shall be given to ad10 dress National Park Service needs. 

11 (2) DEPARTMENT OF AGRICULTURE.—Twenty 

12 percent shall be allocated and available to the Sec13 retary of Agriculture to carry out the purpose of this 

14 subtitle on lands within the National Forest System. 

15 (3) INDIAN TRIBES.—Ten percent shall be allo16 cated and available to the Secretary of the Interior 

17 for competitive grants to qualified Indian tribes 

18 under section 223(b). 

19 SEC. 223. AUTHORIZED USES OF TRANSFERRED AMOUNTS. 

20 (a) IN GENERAL.—Funds made available to carry out 

21 this subtitle shall be used solely for restoration of de22 graded lands, resource protection, maintenance activities 

23 related to resource protection, or protection of public 

24 health or safety. 

25 (b) COMPETITIVE GRANTS TO INDIAN TRIBES.— 
35 

•HR 4100 IH 

1 (1) GRANT AUTHORITY.—The Secretary of the 

2 Interior shall administer a competitive grant pro3 gram for Indian tribes, giving priority to projects 

4 based upon the protection of significant resources, 

5 the severity of damages or threats to resources, and 

6 the protection of public health or safety. 

7 (2) LIMITATION.—The amount received for a 

8 fiscal year by a single Indian tribe in the form of 

9 grants under this subsection may not exceed 10 per10 cent of the total amount available for that fiscal year 

11 for grants under this subsection. 

12 (c) PRIORITY LIST.—The Secretary of the Interior 

13 and the Secretary of Agriculture shall each establish pri14 ority lists for the use of funds available under this subtitle. 

15 Each list shall give priority to projects based upon the pro16 tection of significant resources, the severity of damages 

17 or threats to resources, and the protection of public health 

18 or safety. 

19 (d) COMPLIANCE WITH APPLICABLE PLANS.—Any 

20 project carried out on Federal lands with amounts pro21 vided under this subtitle shall be carried out in accordance 

22 with all management plans that apply under Federal law 

23 to the lands. 

24 (e) TRACKING RESULTS.—Not later than the end of 

25 the first full fiscal year for which funds are available under 
36 

•HR 4100 IH 

1 this subtitle, the Secretary of the Interior and the Sec2 retary of Agriculture shall jointly establish a coordinated 

3 program for— 

4 (1) tracking the progress of activities carried 

5 out with amounts made available by this subtitle; 

6 and 

7 (2) determining the extent to which demon8 strable results are being achieved by those activities. 

9 SEC. 224. INDIAN TRIBE DEFINED. 

10 In this subtitle, the term ‘‘Indian tribe’’— 

11 (1) except as provided in paragraph (2), means 

12 any federally recognized Indian tribe; and 

13 (2) in the case of Alaska, means only a Native 

14 corporation, as that term is defined in section 3 of 

15 the Alaska Native Claims Settlement Act (43 U.S.C. 

16 1602). 

17 TITLE III—CONSERVING AND 

18 RESTORING WILDLIFE 

19 SEC. 301. PURPOSE. 

20 The purpose of this title is to ensure adequate fund21 ing of the Wildlife Conservation and Restoration Planning 

22 program established under the amendments to the Pitt23 man-Robertson Wildlife Restoration Act (16 U.S.C. 669 

24 et seq.) enacted by H.R. 5548 as introduced in the 106th 

25 Congress and enacted, by reference, by Public Law 106– 
37 

•HR 4100 IH 

1 553, and to promote greater hunting, angling, and wildlife 

2 viewing opportunities. 

3 SEC. 302. TECHNICAL CORRECTION. 

4 (a) CORRECTION OF SUBSECTION DESIGNATION.— 

5 Section 4 of the Pittman-Robertson Wildlife Restoration 

6 Act (16 U.S.C. 669c) is amended by redesignating the 

7 first subsection (c) (relating to revenues from pistols, re8 volvers, bows, and arrows) as subsection (e) and moving 

9 such subsection so as to appear after subsection (d) of 

10 that section. 

11 (b) CONFORMING AMENDMENTS.—Such Act is fur12 ther amended— 

13 (1) in section 4(b) (16 U.S.C. 669c(b)) by 

14 striking ‘‘subsection (c)’’ and inserting ‘‘subsection 

15 (e)’’; 

16 (2) in section 8(b) (16 U.S.C. 669g(b)) by 

17 striking ‘‘section 4(c)’’ and inserting ‘‘section 4(e)’’; 

18 and 

19 (3) in section 10 (16 U.S.C. 669h–1) by strik20 ing ‘‘section 4(c)’’ each place it appears and insert21 ing ‘‘section 4(e)’’. 
38 

•HR 4100 IH 

1 SEC. 303. TREATMENT OF AMOUNTS TRANSFERRED FROM 

2 GET OUTDOORS ACT FUND. 

3 Section 3(a)(2) of the Pittman-Robertson Wildlife 

4 Restoration Act (16 U.S.C. 669b(a)(2)) is amended to 

5 read as follows: 

6 ‘‘(2) There is established in the Federal aid to 

7 wildlife restoration fund a subaccount to be known 

8 as the ‘wildlife conservation and restoration ac9 count’. Amounts transferred to the fund for a fiscal 

10 year under section 5(b)(3) of the Get Outdoors Act 

11 shall be deposited in the subaccount and shall be 

12 available without further appropriation, in each fis13 cal year, for apportionment in accordance with this 

14 Act to carry out State wildlife conservation and res15 toration programs.’’. 

16 SEC. 304. APPORTIONMENT TO INDIAN TRIBES. 

17 (a) IN GENERAL.—Section 4(c)(1) of the Pittman18 Robertson Wildlife Restoration Act (16 U.S.C. 669c(c)(1)) 

19 is amended— 

20 (1) in the matter preceding subparagraph (A) 

21 by striking ‘‘from’’ and inserting ‘‘from amounts 

22 available each fiscal year from’’; and 

23 (2) by adding at the end the following: 

24 ‘‘(C) To Indian tribes, a sum equal to not 

more than 21 25 ⁄4 percent thereof, of which— 
39 

•HR 4100 IH 

‘‘(i) 1 1 ⁄3 shall be allocated based on the 

2 ratio to which the trust land area of each 

3 Indian tribe bears to the total trust land 

4 area of all Indian tribes; and 

‘‘(ii) 2 5 ⁄3 shall be allocated based on 

6 the ratio to which the population of each 

7 Indian tribe bears to the total population 

8 of all Indian tribes; 

9 except that no Indian tribe shall receive more 

10 than 5 percent of the total amount made avail11 able in a fiscal year to Indian tribes under this 

12 subsection.’’. 

13 (b) TREATMENT OF APPORTIONMENTS TO INDIAN

14 TRIBES.—Section 4 of such Act (16 U.S.C. 669c) is 

15 amended by adding at the end the following: 

16 ‘‘(e) TREATMENT OF APPORTIONMENTS TO INDIAN

17 TRIBES.—For purposes of the treatment under this Act 

18 of amounts apportioned to Indian tribes under subsection 

19 (c)(1)(C), the term ‘State’ includes an Indian tribe.’’. 

20 (c) INDIAN TRIBE DEFINED.—Section 2 of such Act 

21 (16 U.S.C. 669a) is amended— 

22 (1) by redesignating paragraphs (2) through 

23 (8) in order as paragraphs (3) through (9); and 

24 (2) by inserting after paragraph (1) the fol25 lowing: 
40 

•HR 4100 IH 

1 ‘‘(2) The term ‘Indian tribe’— 

2 ‘‘(A) except as provided in subparagraph 

3 (B), means any federally recognized Indian 

4 tribe; and 

5 ‘‘(B) in the case of Alaska, means only a 

6 Native corporation, as that term is defined in 

7 section 3 of the Alaska Native Claims Settle8 ment Act (43 U.S.C. 1602);’’. 

9 (d) CONFORMING AMENDMENTS.—Such Act is 

10 amended— 

11 (1) in section 3(c)(2) (16 U.S.C. 669b(c)(2)) by 

12 striking ‘‘or an Indian tribe’’; and 

13 (2) in section 4(d)(5) (16 U.S.C. 669c(d)(5))— 

14 (A) by striking ‘‘and the Commonwealth’’ 

15 and inserting ‘‘the Commonwealth’’; and 

16 (B) by inserting before the period the fol17 lowing: ‘‘, and, except for purposes of sub18 section (c)(2), each Indian tribe’’. 

19 SEC. 305. EXISTING APPROPRIATIONS NOT AFFECTED. 

20 Nothing in this title shall apply to or otherwise affect 

21 the availability or use of amounts appropriated before the 

22 date of the enactment of this Act. Such amounts may be 

23 expended as if this Act and the amendments made by this 

24 Act were not enacted. 
41 

•HR 4100 IH 

1 TITLE IV—INVOLVING COMMU2 NITIES AND SCIENTIFICALLY 

3 MANAGING IMPERILED WILD4 LIFE AND RARE PLANTS 

5 SEC. 401. PURPOSES. 

6 The purposes of this title are the following: 

7 (1) To provide a dedicated source of funding to 

8 the United States Fish and Wildlife Service and the 

9 National Marine Fisheries Service for the purpose of 

10 implementing an incentives program to promote the 

11 recovery of endangered species and threatened spe12 cies and the habitat upon which they depend. 

13 (2) To promote greater involvement by non14 Federal entities in the recovery of the Nation’s en15 dangered species and threatened species and the 

16 habitat upon which they depend. 

17 SEC. 402. TREATMENT OF AMOUNTS TRANSFERRED FROM 

18 GET OUTDOORS ACT FUND. 

19 Amounts transferred to the Secretary of the Interior 

20 under section 5(b)(7) of this Act in a fiscal year shall be 

21 available to the Secretary of the Interior without further 

22 appropriation to carry out this title. 
42 

•HR 4100 IH 

1 SEC. 403. IMPERILED WILDLIFE AND RARE PLANT RECOV2 ERY. 

3 (a) FINANCIAL ASSISTANCE.—The Secretary may 

4 use amounts made available under section 702 to provide 

5 financial assistance to any person for development and im6 plementation of Imperiled Wildlife and Rare Plant Recov7 ery Agreements entered into by the Secretary under sec8 tion 404. 

9 (b) PRIORITY.—In providing assistance under this 

10 section, the Secretary shall give priority to the develop11 ment and implementation of species recovery agreements 

12 that— 

13 (1) implement actions identified under recovery 

14 plans approved by the Secretary under section 4(f) 

15 of the Endangered Species Act of 1973 (16 U.S.C. 

16 1533(f)); 

17 (2) have the greatest potential for contributing 

18 to the recovery of an endangered or threatened spe19 cies; and 

20 (3) to the extent practicable, require use of the 

21 assistance on land owned by a small landowner. 

22 (c) PROHIBITION ON ASSISTANCE FOR REQUIRED

23 ACTIVITIES.—The Secretary may not provide financial as24 sistance under this section for any action that is required 

25 by a permit issued under section 10(a)(1)(B) of the En26 dangered Species Act of 1973 (16 U.S.C. 1539(a)(1)(B)) 
43 

•HR 4100 IH 

1 or an incidental take statement issued under section 7 of 

2 that Act (16 U.S.C. 1536), or that is otherwise required 

3 under that Act or any other Federal law. 

4 (d) PAYMENTS UNDER OTHER PROGRAMS.— 

5 (1) OTHER PAYMENTS NOT AFFECTED.—Finan6 cial assistance provided to a person under this sec7 tion shall be in addition to, and shall not affect, the 

8 total amount of payments that the person is other9 wise eligible to receive under the Conservation Re10 serve program established under subchapter B of 

11 chapter 1 of subtitle D of title XII of the Food Se12 curity Act of 1985 (16 U.S.C. 3831 et seq.), the 

13 Wetlands Reserve Program established under sub14 chapter C of that chapter (16 U.S.C. 3837 et seq.), 

15 or the Wildlife Habitat Incentives Program estab16 lished under section 387 of the Federal Agriculture 

17 Improvement and Reform Act of 1996 (16 U.S.C. 

18 3836a). 

19 (2) LIMITATION.—A person may not receive fi20 nancial assistance under this section to carry out ac21 tivities under a species recovery agreement in addi22 tion to payments under the programs referred to in 

23 paragraph (1) made for the same activities, if the 

24 terms of the species recovery agreement do not re25 quire financial or management obligations by the 
44 

•HR 4100 IH 

1 person in addition to any such obligations of the 

2 person under such programs. 

3 SEC. 404. IMPERILED WILDLIFE AND RARE PLANT RECOV4 ERY AGREEMENTS. 

5 (a) IN GENERAL.—The Secretary may enter into Im6 periled Wildlife and Rare Plant Recovery Agreements for 

7 purposes of this title in accordance with this section. 

8 (b) REQUIRED TERMS.—The Secretary shall include 

9 in each species recovery agreement provisions that— 

10 (1) require the person— 

11 (A) to carry out on real property owned or 

12 leased by the person activities not otherwise re13 quired by law that contribute to the recovery of 

14 an endangered or threatened species; 

15 (B) to refrain from carrying out on real 

16 property owned or leased by the person other17 wise lawful activities that would inhibit the re18 covery of an endangered or threatened species; 

19 or 

20 (C) to do any combination of subpara21 graphs (A) and (B); 

22 (2) describe the real property referred to in 

23 paragraph (1)(A) and (B) (as applicable); 

24 (3) specify species recovery goals for the agree25 ment, and measures for attaining such goals; 
45 

•HR 4100 IH 

1 (4) require the person to make measurable 

2 progress each year in achieving those goals, includ3 ing a schedule for implementation of the agreement; 

4 (5) specify actions to be taken by the Secretary 

5 or the person (or both) to monitor the effectiveness 

6 of the agreement in attaining those recovery goals; 

7 (6) require the person to notify the Secretary 

8 if— 

9 (A) any right or obligation of the person 

10 under the agreement is assigned to any other 

11 person; or 

12 (B) any term of the agreement is breached 

13 by the person or any other person to whom is 

14 assigned a right or obligation of the person 

15 under the agreement; 

16 (7) specify the date on which the agreement 

17 takes effect and the period of time during which the 

18 agreement shall remain in effect; 

19 (8) provide that the agreement shall not be in 

20 effect on and after any date on which the Secretary 

21 publishes a certification by the Secretary that the 

22 person has not complied with the agreement; and 

23 (9) allocate financial assistance provided under 

24 this title for implementation of the agreement, on an 

25 annual or other basis during the period the agree-
46 

•HR 4100 IH 

1 ment is in effect based on the schedule for imple2 mentation required under paragraph (4). 

3 (c) REVIEW AND APPROVAL OF PROPOSED AGREE4 MENTS.—Upon submission by any person of a proposed 

5 species recovery agreement under this section, the Sec6 retary— 

7 (1) shall review the proposed agreement and de8 termine whether it complies with the requirements of 

9 this section and will contribute to the recovery of en10 dangered or threatened species that are the subject 

11 of the proposed agreement; 

12 (2) shall propose to the person any additional 

13 provisions necessary for the agreement to comply 

14 with this section; and 

15 (3) if the Secretary determines that the agree16 ment complies with the requirements of this section, 

17 shall approve and enter with the person into the 

18 agreement. 

19 (d) MONITORING IMPLEMENTATION OF AGREE20 MENTS.—The Secretary shall— 

21 (1) periodically monitor the implementation of 

22 each species recovery agreement entered into by the 

23 Secretary under this section; and 

24 (2) based on the information obtained from 

25 that monitoring, annually or otherwise disburse fi-
47 

•HR 4100 IH 

1 nancial assistance under this title to implement the 

2 agreement as the Secretary determines is appro3 priate under the terms of the agreement. 

4 SEC. 405. DEFINITIONS. 

5 In this title: 

6 (1) IMPERILED WILDLIFE OR RARE PLANT SPE7 CIES.—The term ‘‘imperiled wildlife or rare plant 

8 species’’ means any species that is listed as an en9 dangered species or threatened species under section 

10 4 of the Endangered Species Act of 1973 (16 U.S.C. 

11 1533). 

12 (2) SECRETARY.—The term ‘‘Secretary’’ means 

13 the Secretary of the Interior or the Secretary of 

14 Commerce, in accordance with section 3 of the En15 dangered Species Act of 1973 (16 U.S.C. 1532). 

16 (3) SMALL LANDOWNER.—The term ‘‘small 

17 landowner’’ means an individual who owns 50 acres 

18 or fewer of land. 

19 (4) SPECIES RECOVERY AGREEMENT.—The 

20 term ‘‘species recovery agreement’’ means an Imper21 iled Wildlife and Rare Plant Recovery Agreement 

22 entered into by the Secretary under section 404. 
48 

•HR 4100 IH 

1 TITLE V—INCREASING PARK 

2 AND RECREATION ACCESS 

3 Subtitle A—Urban Parks and 

4 Recreation 

5 SEC. 501. AMENDMENT OF URBAN PARK AND RECREATION 

6 RECOVERY ACT OF 1978. 

7 Except as otherwise expressly provided, whenever in 

8 this subtitle an amendment or repeal is expressed in terms 

9 of an amendment to, or repeal of, a section or other provi10 sion, the reference shall be considered to be made to a 

11 section or other provision of the Urban Park and Recre12 ation Recovery Act of 1978 (16 U.S.C. 2501 et seq.). 

13 SEC. 502. PURPOSE. 

14 The purpose of this subtitle is to provide a dedicated 

15 source of funding to assist local governments in improving 

16 their park and recreation systems. 

17 SEC. 503. TREATMENT OF AMOUNTS TRANSFERRED FROM 

18 GET OUTDOORS ACT FUND. 

19 Section 1013 (16 U.S.C. 2512) is amended to read 

20 as follows: 

21 ‘‘TREATMENT OF AMOUNTS TRANSFERRED FROM GET

22 OUTDOORS ACT FUND

23 ‘‘SEC. 1013. (a) IN GENERAL.—Amounts transferred 

24 to the Secretary of the Interior under section 5(b)(4) of 

25 the Get Outdoors Act in a fiscal year shall be available 
49 

•HR 4100 IH 

1 to the Secretary without further appropriation to carry out 

2 this title. Any amount that has not been paid or obligated 

3 by the Secretary before the end of the second fiscal year 

4 beginning after the first fiscal year in which the amount 

5 is available shall be reapportioned by the Secretary among 

6 grantees under this title. 

7 ‘‘(b) LIMITATIONS ON ANNUAL GRANTS.—Of the 

8 amounts available in a fiscal year under subsection (a)— 

9 ‘‘(1) not more than 3 percent may be used for 

10 grants for the development of local park and recre11 ation recovery action programs pursuant to sections 

12 1007(a) and 1007(c); 

13 ‘‘(2) not more than 10 percent may be used for 

14 innovation grants pursuant to section 1006; and 

15 ‘‘(3) not more than 15 percent may be provided 

16 as grants (in the aggregate) for projects in any one 

17 State. 

18 ‘‘(c) LIMITATION ON USE FOR GRANT ADMINISTRA19 TION.—The Secretary shall establish a limit on the portion 

20 of any grant under this title that may be used for grant 

21 and program administration.’’. 

22 SEC. 504. AUTHORITY TO DEVELOP NEW AREAS AND FA23 CILITIES. 

24 Section 1003 (16 U.S.C. 2502) is amended by insert25 ing ‘‘development of new recreation areas and facilities, 
50 

•HR 4100 IH 

1 including the acquisition of lands for such development,’’ 

2 after ‘‘rehabilitation of critically needed recreation areas, 

3 facilities,’’. 

4 SEC. 505. DEFINITIONS. 

5 Section 1004 (16 U.S.C. 2503) is amended as fol6 lows: 

7 (1) In paragraph (j) by striking ‘‘and’’ after the 

8 semicolon. 

9 (2) In paragraph (k) by striking the period at 

10 the end and inserting a semicolon. 

11 (3) By adding at the end the following: 

12 ‘‘(l) ‘development grants’— 

13 ‘‘(1) subject to subparagraph (2) means match14 ing capital grants to units of local government to 

15 cover costs of development, land acquisition, and 

16 construction on existing or new neighborhood recre17 ation sites, including indoor and outdoor recreational 

18 areas and facilities, support facilities, and land19 scaping; and 

20 ‘‘(2) does not include routine maintenance, and 

21 upkeep activities; and 

22 ‘‘(m) ‘Secretary’ means the Secretary of the Inte23 rior.’’. 
51 

•HR 4100 IH 

1 SEC. 506. ELIGIBILITY. 

2 Section 1005(a) (16 U.S.C. 2504(a)) is amended to 

3 read as follows: 

4 ‘‘(a) Eligibility of general purpose local governments 

5 to compete for assistance under this title shall be based 

6 upon need as determined by the Secretary. Generally, eli7 gible general purpose local governments shall include the 

8 following: 

9 ‘‘(1) All political subdivisions of Metropolitan, 

10 Primary, or Consolidated Statistical Areas, as deter11 mined by the most recent Census. 

12 ‘‘(2) Any other city, town, or group of cities or 

13 towns (or both) within such a Metropolitan Statis14 tical Area, that has a total population of 50,000 or 

15 more as determined by the most recent Census. 

16 ‘‘(3) Any other county, parish, or township with 

17 a total population of 250,000 or more as determined 

18 by the most recent Census.’’. 

19 SEC. 507. GRANTS. 

20 Section 1006 (16 U.S.C. 2505) is amended— 

21 (1) in subsection (a) by redesignating para22 graph (3) as paragraph (4); and 

23 (2) by striking so much as precedes subsection 

24 (a)(4) (as so redesignated) and inserting the fol25 lowing: 
52 

•HR 4100 IH 

1 ‘‘GRANTS

2 ‘‘SEC. 1006. (a)(1) The Secretary may provide 70 

3 percent matching grants for rehabilitation, development, 

4 acquisition, and innovation purposes to any eligible gen5 eral purpose local government upon approval by the Sec6 retary of an application submitted by the chief executive 

7 of such government. 

8 ‘‘(2) At the discretion of such an applicant, a grant 

9 under this section may be transferred in whole or part to 

10 independent special purpose local governments, private 

11 nonprofit agencies, or county or regional park authorities, 

12 if— 

13 ‘‘(A) such transfer is consistent with the ap14 proved application for the grant; and 

15 ‘‘(B) the applicant provides assurance to the 

16 Secretary that the applicant will maintain public 

17 recreation opportunities at assisted areas and facili18 ties in accordance with section 1010. 

19 ‘‘(3) Payments may be made only for those rehabilita20 tion, development, or innovation projects that have been 

21 approved by the Secretary. Such payments may be made 

22 from time to time in keeping with the rate of progress 

23 toward completion of a project, on a reimbursable basis.’’. 

24 SEC. 508. RECOVERY ACTION PROGRAMS. 

25 Section 1007(a) (16 U.S.C. 2506(a)) is amended— 
53 

•HR 4100 IH 

1 (1) in subsection (a) in the first sentence by in2 serting ‘‘development,’’ after ‘‘commitments to ongo3 ing planning,’’; and 

4 (2) in subsection (a)(2) by inserting ‘‘develop5 ment and’’ after ‘‘adequate planning for’’. 

6 SEC. 509. STATE ACTION INCENTIVES. 

7 Section 1008 (16 U.S.C. 2507) is amended— 

8 (1) by inserting ‘‘(a) IN GENERAL.—’’ before 

9 the first sentence; and 

10 (2) by striking the last sentence of subsection 

11 (a) (as designated by paragraph (1) of this section) 

12 and inserting the following: 

13 ‘‘(b) COORDINATION WITH LAND AND WATER CON14 SERVATION FUND ACTIVITIES.—(1) The Secretary and 

15 general purpose local governments are encouraged to co16 ordinate preparation of recovery action programs required 

17 by this title with State Plans or Agendas required under 

18 section 6 of the Land and Water Conservation Fund Act 

19 of 1965, including by allowing flexibility in preparation of 

20 recovery action programs so they may be used to meet 

21 State and local qualifications for local receipt of Land and 

22 Water Conservation Fund grants or State grants for simi23 lar purposes or for other conservation or recreation pur24 poses. 
54 

•HR 4100 IH 

1 ‘‘(2) The Secretary shall encourage States to consider 

2 the findings, priorities, strategies, and schedules included 

3 in the recovery action programs of their urban localities 

4 in preparation and updating of State plans in accordance 

5 with the public coordination and citizen consultation re6 quirements of subsection 6(d) of the Land and Water Con7 servation Fund Act of 1965.’’. 

8 SEC. 510. CONVERSION OF RECREATION PROPERTY. 

9 Section 1010 (16 U.S.C. 2509) is amended to read 

10 as follows: 

11 ‘‘CONVERSION OF RECREATION PROPERTY

12 ‘‘SEC. 1010. (a)(1) No property developed, acquired, 

13 or rehabilitated under this title shall, without the approval 

14 of the Secretary, be converted to any purpose other than 

15 public recreation purposes. 

16 ‘‘(2) Paragraph (1) shall apply to— 

17 ‘‘(A) property developed with amounts provided 

18 under this title; and 

19 ‘‘(B) the park, recreation, or conservation area 

20 of which the property is a part. 

21 ‘‘(b)(1) The Secretary shall approve such conversion 

22 only if the grantee demonstrates no prudent or feasible 

23 alternative exists. 

24 ‘‘(2) Paragraph (1) shall apply to property that is 

25 no longer a viable recreation facility due to changes in de26 mographics or that must be abandoned because of environ-
55 

•HR 4100 IH 

1 mental contamination which endangers public health or 

2 safety. 

3 ‘‘(c) Any conversion must satisfy any conditions the 

4 Secretary considers necessary to assure substitution of 

5 other recreation property that is— 

6 ‘‘(1) of at least equal fair market value, and 

7 reasonably equivalent usefulness and location; and 

8 ‘‘(2) in accord with the current recreation re9 covery action program of the grantee.’’. 

10 SEC. 511. REPEAL. 

11 Section 1015 (16 U.S.C. 2514) is repealed. 

12 Subtitle B—Historic Preservation 

13 Fund 

14 SEC. 521. TREATMENT OF AMOUNTS TRANSFERRED FROM 

15 GET OUTDOORS ACT FUND. 

16 Section 108 of the National Historic Preservation Act 

17 (16 U.S.C. 470h) is amended— 

18 (1) by inserting ‘‘(a)’’ before the first sentence; 

19 (2) in subsection (a) (as designated by para20 graph (1) of this section) by striking all after the 

21 first sentence; and 

22 (3) by adding at the end the following: 

23 ‘‘(b) Amounts transferred to the Secretary under sec24 tion 5(b)(5)(A) of the Get Outdoors Act in a fiscal year 

25 shall be deposited into the Fund and shall be available 
56 

•HR 4100 IH 

1 without further appropriation only to provide grants and 

2 other financial and technical assistance under this Act to 

3 States, Indian tribes, local governments, and other non4 Federal governmental entities. 

5 ‘‘(c) At least one-half of the funds obligated or ex6 pended each fiscal year under this Act shall be used in 

7 accordance with this Act for preservation projects on his8 toric properties. In making such funds available, the Sec9 retary shall give priority to the preservation of endangered 

10 historic properties.’’. 

11 SEC. 522. STATE USE OF HISTORIC PRESERVATION ASSIST12 ANCE FOR NATIONAL HERITAGE AREAS AND 

13 CORRIDORS. 

14 Title I of the National Historic Preservation Act (16 

15 U.S.C. 470a et seq.) is amended by adding at the end the 

16 following: 

17 ‘‘SEC. 114. STATE USE OF ASSISTANCE FOR NATIONAL HER18 ITAGE AREAS AND CORRIDORS. 

19 ‘‘In addition to other uses authorized by this Act, 

20 amounts provided to a State under this title may be used 

21 by the State to provide financial assistance to the manage22 ment entity for any national heritage area or national her23 itage corridor established under the laws of the United 

24 States, to support cooperative historic preservation plan25 ning and development.’’. 
57 

•HR 4100 IH 

1 SEC. 523. FUNDING FOR MARITIME HERITAGE PROGRAMS. 

2 Section 6 of the National Maritime Heritage Act of 

3 1994 (16 U.S.C. 5405) is amended— 

4 (1) by redesignating subsection (d) as sub5 section (e), and by inserting after subsection (c) the 

6 following: 

7 ‘‘(d) AVAILABILITY OF FUNDS FROM GET OUTDOORS

8 ACT FUND.—Amounts transferred to the Secretary under 

9 section 5(b)(5)(B) of the Get Outdoors Act shall be avail10 able until expended and without further appropriation to 

11 carry out the Program as provided in subsection (b).’’; and 

12 (2) in subsection (b), by striking ‘‘subsection 

13 (a)(1)(C)’’ each place it appears and inserting ‘‘this 

14 section’’. 

15 TITLE VI—COLLABORATING 

16 WITH LOCAL COMMUNITIES 

17 AND PROTECTING PRIVATE 

18 PROPERTY OWNERS 

19 Subtitle A—U.S. Treasury 

20 Protections 

21 SEC. 601. SIGNS. 

22 (a) IN GENERAL.—The Secretary shall require, as a 

23 condition of any financial assistance provided with 

24 amounts made available by this Act, that the person that 

25 owns or administers any site that benefits from such as26 sistance shall include on any sign otherwise installed at 
58 

•HR 4100 IH 

1 that site at or near an entrance or public use focal point, 

2 a statement that the existence or development of the site 

3 (or both), as appropriate, is a product of such assistance. 

4 (b) STANDARDS.—The Secretary shall provide for the 

5 design of standardized signs for purposes of subsection 

6 (a), and shall prescribe standards and guidelines for such 

7 signs. 

8 Subtitle B—Private Property 

9 Rights Protections 

10 SEC. 611. PROTECTION OF PRIVATE PROPERTY RIGHTS. 

11 (a) SAVINGS CLAUSE.—Nothing in the Act shall au12 thorize that private property be taken for public use, with13 out just compensation as provided by the 5th and 14th 

14 amendments to the United States Constitution. 

15 (b) REGULATION.—Federal agencies, using funds ap16 propriated by this Act, may not apply any regulation on 

17 any lands or water until the lands or water, or an interest 

18 therein, is acquired, unless authorized to do so by another 

19 Act of Congress. 

20 SEC. 612. USE OF FEDERAL PORTION (NOTE—THIS IS SPE21 CIFIC TO TITLE II SUBTITLE A—FEDERAL 

22 LWCF). 

23 Section 7 of the Land and Water Conservation Fund 

24 Act of 1965 (16 U.S.C. 460l–9) is amended by adding 

25 at the end the following: 
59 

•HR 4100 IH 

1 ‘‘(d) USE OF FEDERAL PORTION.— 

2 ‘‘(1) APPROVAL BY CONGRESS REQUIRED.—The 

3 Federal portion (as that term is defined in section 

4 5(1)) may not be obligated or expended by the Sec5 retary of the Interior or the Secretary of Agriculture 

6 for any acquisition except those specifically referred 

7 to, and approved by the Congress. 

8 ‘‘(2) WILLING SELLER REQUIREMENT.—The 

9 Federal portion may not be used to acquire any 

10 property unless— 

11 ‘‘(A) the owner of the property concurs in 

12 the acquisition; or 

13 ‘‘(B) acquisition of that property is specifi14 cally approved by an Act of Congress. 

15 ‘‘(e) LIST OF PROPOSED FEDERAL ACQUISITIONS.— 

16 ‘‘(1) RESTRICTION ON USE.—The Federal por17 tion for a fiscal year may not be obligated or ex18 pended to acquire any interest in lands or water un19 less the lands or water were included in a list of ac20 quisitions that is approved by the Congress. 

21 ‘‘(2) TRANSMISSION OF LIST.—(A) The Sec22 retary of the Interior and the Secretary of Agri23 culture shall jointly transmit to the appropriate au24 thorizing and appropriations committees of the 

25 House of Representatives and the Senate for each 
60 

•HR 4100 IH 

1 fiscal year, by no later than the submission of the 

2 budget for the fiscal year under section 1105 of title 

3 31, United States Code, a list of the acquisitions of 

4 interests in lands and water proposed to be made 

5 with the Federal portion for the fiscal year. 

6 ‘‘(B) In preparing each list under subparagraph 

7 (A), the Secretary shall— 

8 ‘‘(i) seek to consolidate Federal land9 holdings in States with checkerboard Federal 

10 land ownership patterns; 

11 ‘‘(ii) consider the use of equal value land 

12 exchanges, where feasible and suitable, as an al13 ternative means of land acquisition; 

14 ‘‘(iii) consider the use of permanent con15 servation easements, where feasible and suit16 able, as an alternative means of acquisition; 

17 ‘‘(iv) identify those properties that are pro18 posed to be acquired from willing sellers and 

19 specify any for which adverse condemnation is 

20 requested; and 

21 ‘‘(v) establish priorities based on such fac22 tors as important or special resource attributes, 

23 threats to resource integrity, timely availability, 

24 owner hardship, cost escalation, public recre25 ation use values, and similar considerations. 
61 

•HR 4100 IH 

1 ‘‘(C) The Secretary of the Interior and the Sec2 retary of Agriculture shall each— 

3 ‘‘(i) transmit, with the list transmitted 

4 under subparagraph (A), a separate list of 

5 those lands under the administrative jurisdic6 tion of the Secretary that have been identified 

7 in applicable land management plans as surplus 

8 and eligible for disposal as provided for by law; 

9 and 

10 ‘‘(ii) update each list to be transmitted 

11 under clause (i) as land management plans are 

12 amended or revised. 

13 ‘‘(3) INFORMATION REGARDING PROPOSED AC14 QUISITIONS.—Each list under paragraph (2)(A) 

15 shall include, for each proposed acquisition included 

16 in the list— 

17 ‘‘(A) citation of the statutory authority for 

18 the acquisition, if such authority exists; and 

19 ‘‘(B) an explanation of why the particular 

20 interest proposed to be acquired was selected. 

21 ‘‘(f) NOTIFICATION TO AFFECTED AREAS RE22 QUIRED.—The Federal portion for a fiscal year may not 

23 be used to acquire any interest in land unless the Sec24 retary administering the acquisition, by not later than 30 

25 days after the date the Secretaries submit the list under 
62 

•HR 4100 IH 

1 subsection (e)(2)(A) for the fiscal year, provides notice of 

2 the proposed acquisition— 

3 ‘‘(1) in writing to each Member of and each 

4 Delegate and Resident Commissioner to the Con5 gress elected to represent any area in which is lo6 cated— 

7 ‘‘(A) the land; or 

8 ‘‘(B) any part of any federally designated 

9 unit that includes the land; 

10 ‘‘(2) in writing to the Governor of the State in 

11 which the land is located; 

12 ‘‘(3) in writing to each State political subdivi13 sion having jurisdiction over the land; and 

14 ‘‘(4) by publication of a notice in a newspaper 

15 that is widely distributed in the area under the juris16 diction of each such State political subdivision, that 

17 includes a clear statement that the Federal Govern18 ment intends to acquire an interest in land. 

19 ‘‘(g) COMPLIANCE WITH REQUIREMENTS UNDER

20 FEDERAL LAWS.— 

21 ‘‘(1) IN GENERAL.—The Federal portion for a 

22 fiscal year may not be used to acquire any interest 

23 in land or water unless the following have occurred: 
63 

•HR 4100 IH 

1 ‘‘(A) All actions required under Federal 

2 law with respect to the acquisition have been 

3 complied with. 

4 ‘‘(B) A copy of each final environmental 

5 impact statement or environmental assessment 

6 required by law, and a summary of all public 

7 comments regarding the acquisition that have 

8 been received by the agency making the acquisi9 tion, are submitted to the Committee on Re10 sources of the House of Representatives, the 

11 Committee on Energy and Natural Resources of 

12 the Senate, and the Committees on Appropria13 tions of the House of Representatives and of 

14 the Senate. 

15 ‘‘(C) A notice of the availability of such 

16 statement or assessment and of such summary 

17 is provided to— 

18 ‘‘(i) each Member of and each Dele19 gate and Resident Commissioner to the 

20 Congress elected to represent the area in 

21 which the land is located; 

22 ‘‘(ii) the Governor of the State in 

23 which the land is located; and 

24 ‘‘(iii) each State political subdivision 

25 having jurisdiction over the land. 
64 

•HR 4100 IH 

1 ‘‘(2) LIMITATION ON APPLICATION.—Paragraph 

2 (1) shall not apply to any acquisition that is specifi3 cally authorized by a Federal law.’’. 

4 SEC. 613. WATER RIGHTS. 

5 Title I of the Land and Water Conservation Fund 

6 Act of 1965 is amended by adding at the end the fol7 lowing: 

8 ‘‘WATER RIGHTS

9 ‘‘SEC. 14. Nothing in this title— 

10 ‘‘(1) invalidates or preempts State or Federal 

11 water law or an interstate compact governing water; 

12 ‘‘(2) alters the rights of any State to any ap13 propriated share of the waters of any body of sur14 face or ground water, whether determined by past or 

15 future interstate compacts or by past or future legis16 lative or final judicial allocations; 

17 ‘‘(3) preempts or modifies any Federal or State 

18 law, or interstate compact, dealing with water qual19 ity or disposal; or 

20 ‘‘(4) confers on any non-Federal entity the abil21 ity to exercise any Federal right to the waters of any 

22 stream or to any ground water resource.’’. 

23 Subtitle C—Local Government 

24 Involvement 

25 SEC. 621. STATE PLANNING. 

26 (a) STATE ACTION AGENDA REQUIRED.— 
65 

•HR 4100 IH 

1 (1) IN GENERAL.—Section 6(d) of the Land 

2 and Water Conservation Fund Act of 1965 (16 

3 U.S.C. 460l–8(d)) is amended to read as follows: 

4 ‘‘(d) STATE ACTION AGENDA REQUIRED.—(1) Each 

5 State may define its own priorities and criteria for selec6 tion of outdoor conservation and recreation acquisition 

7 and development projects eligible for grants under this 

8 Act, so long as the priorities and criteria defined by the 

9 State are consistent with the purposes of this Act, the 

10 State provides for public involvement in this process, and 

11 the State publishes an accurate and current State Action 

12 Agenda for Community Conservation and Recreation (in 

13 this Act referred to as the ‘State Action Agenda’) indi14 cating the needs it has identified and the priorities and 

15 criteria it has established. In order to assess its needs and 

16 establish its overall priorities, each State, in partnership 

17 with its local governments and Federal agencies, and in 

18 consultation with its citizens, shall develop, within 5 years 

19 after the date of the enactment of the Get Outdoors Act 

20 of 2004, a State Action Agenda that meets the following 

21 requirements: 

22 ‘‘(A) The agenda must be strategic, originating 

23 in broad-based and long-term needs, but focused on 

24 actions that can be funded over the next 5 years. 
66 

•HR 4100 IH 

1 ‘‘(B) The agenda must be updated at least once 

2 every 5 years and certified by the Governor that the 

3 agenda conclusions and proposed actions have been 

4 considered in an active public involvement process. 

5 ‘‘(2) State Action Agendas shall take into account all 

6 providers of conservation and recreation lands within each 

7 State, including Federal, regional, and local government 

8 resources, and shall be correlated whenever possible with 

9 other State, regional, and local plans for parks, recreation, 

10 open space, and wetlands conservation. Recovery action 

11 programs developed by urban localities under section 1007 

12 of the Urban Park and Recreation Recovery Act of 1978 

13 shall be used by a State as a guide to the conclusions, 

14 priorities, and action schedules contained in a State Action 

15 Agenda. Each State shall assure that any requirements 

16 for local outdoor conservation and recreation planning, 

17 promulgated as conditions for grants, minimize redun18 dancy of local efforts by allowing, wherever possible, use 

19 of the findings, priorities, and implementation schedules 

20 of recovery action programs to meet such requirements.’’. 

21 (2) EXISTING STATE PLANS.—A comprehensive 

22 State Plan developed by any State under section 

23 6(d) of the Land and Water Conservation Fund Act 

24 of 1965 before the date that is 5 years after the 

25 date of the enactment of this Act shall remain in ef-
67 

•HR 4100 IH 

1 fect in that State until a State Action Agenda has 

2 been adopted pursuant to the amendment made by 

3 this subsection, but no later than 5 years after the 

4 date of the enactment of this Act. 

5 (b) MISCELLANEOUS.—Section 6(e) of the Land and 

6 Water Conservation Fund Act of 1965 (16 U.S.C. 460l– 

7 8(e)) is amended as follows: 

8 (1) In the matter preceding paragraph (1) by 

9 striking ‘‘State comprehensive plan’’ and inserting 

10 ‘‘State Action Agenda’’. 

11 (2) In paragraph (1) by striking ‘‘comprehen12 sive plan’’ and inserting ‘‘State Action Agenda’’. 

13 SEC. 622. ASSISTANCE TO STATES FOR OTHER PROJECTS. 

14 Section 6(e) of the Land and Water Conservation 

15 Fund Act of 1965 (16 U.S.C. 460l–8(e)) is amended— 

16 (1) in subsection (e)(1) by striking ‘‘, but not 

17 including incidental costs relating to acquisition’’; 

18 and 

19 (2) in subsection (e)(2) by inserting before the 

20 period at the end the following: ‘‘or to enhance pub21 lic safety within a designated park or recreation 

22 area’’. 

23 SEC. 623. CONVERSION OF PROPERTY TO OTHER USE. 

24 Section 6(f)(3) of the Land and Water Conservation 

25 Fund Act of 1965 (16 U.S.C. 460l–8(f)(3)) is amended— 
68 

•HR 4100 IH 

1 (1) by inserting ‘‘(A)’’ before ‘‘No property’’; 

2 and 

3 (2) by striking the second sentence and insert4 ing the following: 

5 ‘‘(B) The Secretary shall approve such 

6 conversion only if the State demonstrates no 

7 prudent or feasible alternative exists with the 

8 exception of those properties that no longer 

9 meet the criteria within the State Plan or Agen10 da as an outdoor conservation and recreation 

11 facility due to changes in demographics or that 

12 must be abandoned because of environmental 

13 contamination which endangers public health 

14 and safety. Any conversion must satisfy such 

15 conditions as the Secretary deems necessary to 

16 assure the substitution of other conservation 

17 and recreation properties of at least equal fair 

18 market value and reasonably equivalent useful19 ness and location and which are consistent with 

20 the existing State Plan or Agenda; except that 

21 wetland areas and interests therein as identified 

22 in the wetlands provisions of the action agenda 

23 and proposed to be acquired as suitable replace24 ment property within that same State that is 

25 otherwise acceptable to the Secretary shall be 
69 

•HR 4100 IH 

1 considered to be of reasonably equivalent use2 fulness with the property proposed for conver3 sion.’’. 

4 SEC. 624. REQUIREMENTS FOR ACQUISITION OF LANDS IN 

5 MONTANA WITH FEDERAL PORTION. 

6 Section 7 of the Land and Water Conservation Fund 

7 Act of 1965 (16 U.S.C. 460l–9) is further amended by 

8 adding at the end the following: 

9 ‘‘(h) REQUIREMENTS FOR ACQUISITION OF LANDS IN

10 MONTANA.—The Secretary of the Interior and the Sec11 retary of Agriculture shall jointly develop and issue a plan 

12 for acquisition and disposal of lands in the State of Mon13 tana that will result in consolidation of forest reserves cre14 ated from the public domain and private inholdings within 

15 those reserves. The plan shall be designed to ensure that— 

16 ‘‘(1) acquisitions of lands with the Federal por17 tion consolidate Federal ownership of lands in Mon18 tana under the administrative jurisdiction of the De19 partment of the Interior and the Forest Service; and 

20 ‘‘(2) any increase in the total acreage of lands 

21 in Montana under those administrative jurisdictions 

22 that results from acquisitions of lands with the Fed23 eral portion is de minimis.’’. 

Æ