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[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.''.
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