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 Re-
sources 
A BILL 
To establish a permanent trust fund to get Americans out-
doors 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 Representa-
tives 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 Out-
doors 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; allo-
cation. 
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 por-
tion. 
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 Bu-
reau, contained in whole or in part within the des-
ignated 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 Coast-
al 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 Oc-
tober 1st and ends on September 30th, and is des-
ignated 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 en-
tity 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 Settle-
ment 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 Pro-
traction Diagram. 
(10) The term ‘‘Outer Continental Shelf’’ 
means all submerged lands lying seaward and out-
side 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 Sec-
retary may recognize an area under the jurisdiction 
of such other entities of general government as a po-
litical 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 leas-
ing 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 geo-
graphic 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 (includ-
ing payments for royalty taken in kind and sold), 
net profit share payments, and related late-payment 
interest from natural gas and oil leases issued pur-
suant 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 lo-
cated in a geographic area subject to a leasing mora-
torium 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 re-
port shall include, in accordance with regulations pre-
scribed 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 provi-
sions 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 sub-
section (a).
SEC. 5. GET OUTDOORS ACT FUND. 
(a) ESTABLISHMENT
OF FUND.—There is estab-
lished 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), notwith-
standing 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 sub-
section (d). 
(b) TRANSFER FOR EXPENDITURE.—In each fiscal 
year after the fiscal year 2005, the Secretary of the Treas-
ury shall transfer amounts deposited into the Fund as fol-
lows: 
(1) $1,000,000,000 to the Secretary of the In-
terior 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 Inte-
rior to carry out the Urban Park and Recreation Re-
covery 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 Inte-
rior 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 Inte-
rior 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 Inte-
rior to carry out subtitle B of title II of this Act. 
(c) SHORTFALL.—If amounts referred to in para-
graphs (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 de-
termined by the Secretary of the Treasury, and bearing 
interest at rates determined by the Secretary of the Treas-
ury, taking into consideration current market yields on 
outstanding marketable obligations of the United States 
of comparable maturity. Such invested moneys shall re-
main invested until needed to meet requirements for dis-
bursement for the programs financed under this Act. 
(e) REFUNDS.—In those instances where through ju-
dicial decision, administrative review, arbitration, or other 
means there are royalty refunds owed to entities gener-
ating 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 ap-
propriations 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 amend-
ments 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 regard-
ing recordkeeping by State and local governments and the 
auditing of expenditures made by State and local govern-
ments from funds made available under this Act as may 
be necessary. Such rules shall be in addition to other re-
quirements established regarding recordkeeping and the 
auditing of such expenditures under other authority of 
law. 
SEC. 8. MAINTENANCE OF EFFORT AND MATCHING FUND-
ING. 
(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-Fed-
eral 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 pre-
ceding fiscal year. No State or local government shall re-
ceive 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, in-
crease the level of State, local, or other non-Federal funds 
available for such program. 
(b) EXCEPTION.—The Secretary may provide fund-
ing under this Act to a State or local government not 
meeting the requirements of subsection (a) if the Sec-
retary 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 REQUIRE-
MENTS.—All funds received by a State or local govern-
ment 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 RECOV-
ERING FISHERIES 
SEC. 101. COMMUNITY ASSISTANCE FORMULA AND PAY-
MENTS. 
(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 pur-
poses 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 Sec-
retary 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 re-
turn 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 Con-
tinental 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 dis-
bursed under paragraph (1)(A) shall be based on 
qualified Outer Continental Shelf revenues from 
each leased tract or portion of a leased tract the ge-
ographic 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 coast-
line 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 sub-
ject to a leasing moratorium on January 1, 2001, 
unless the lease was issued prior to the establish-
ment 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 Sec-
retary 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 com-
puted under paragraphs (1) and (2), are in-
creased 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 deter-
mined under subsection (b), to the coastal political sub-
divisions in such State. Such payments shall be allocated 
among such coastal political subdivisions of the State ac-
cording to an allocation formula analogous to the alloca-
tion 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 reve-
nues. 
(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 AS-
SISTANCE 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 As-
sistance Plan. In the case of a producing State, the Gov-
ernor 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 Sec-
retary 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 dis-
bursement 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 con-
cerns, (ii) for producing States, a description of 
how funds will be used to address the impacts 
of oil and gas production from the Outer Conti-
nental 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 sub-
mitted 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 dis-
approve the plan by not later than 30 days before 
the beginning of that fiscal year. 
(3) AMENDMENT OR REVISION.—Any amend-
ment 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 FUND-
ING.—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 pri-
vate entities for fishery and marine mammal sur-
veys, activities related to marine mammal and fish-
ery interactions, and other coastal living marine re-
sources 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 implementa-
tion of population surveys, assessments and moni-
toring plans, and the preparation and implementa-
tion 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 man-
agement 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 ma-
rine, 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 sub-
division of a State from such funds is not consistent with 
the authorized uses set forth in subsection (c), the Sec-
retary 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 CONSERVA-
TION 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 provi-
sion, the reference shall be considered to be made to a 
section or other provision of the Land and Water Con-
servation 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 OUT-
DOORS ACT FUND.—In addition to the sum of the reve-
nues and collections estimated by the Secretary of the In-
terior 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 sec-
tion 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 expendi-
ture 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 fis-
cal year to carry out this Act— 
‘‘(1) 50 percent shall be available for Federal 
purposes (in this Act referred to as the ‘Federal por-
tion’); 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 Sec-
retary, in accordance with this subsection. The determina-
tion 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 ac-
quisition 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 sub-
paragraphs (A) and (B). 
‘‘(3) The total allocation to an individual State for 
a fiscal year under paragraph (2) shall not exceed 10 per-
cent 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 ap-
portionment, and the amounts thereof shall be available 
thereafter to the State for planning, acquisition, or devel-
opment 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 subpara-
graph: 
‘‘(C) For the purposes of paragraph (1), all fed-
erally 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 accord-
ance 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 per-
cent 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 Corpora-
tion, 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 doc-
umented 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 na-
tional 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 chap-
ter 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) (re-
lating to refuge revenue sharing). 
SEC. 212. TREATMENT OF AMOUNTS TRANSFERRED FROM 
GET OUTDOORS ACT FUND. 
(a) IN GENERAL.—Amounts transferred to the Sec-
retary of the Interior under section 5(b)(8) of the Get 
Outdoors Act in a fiscal year shall be available to the Sec-
retary without further appropriation for payments in ac-
cordance 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) (re-
lating 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 re-
sources 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 Sec-
retary 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 Sec-
retary of the Interior to carry out the purpose of 
this subtitle on lands within the National Park Sys-
tem, lands within the National Wildlife Refuge Sys-
tem, and public lands administered by the Bureau of 
Land Management. A priority shall be given to ad-
dress National Park Service needs. 
(2) DEPARTMENT OF AGRICULTURE.—Twenty 
percent shall be allocated and available to the Sec-
retary of Agriculture to carry out the purpose of this 
subtitle on lands within the National Forest System. 
(3) INDIAN TRIBES.—Ten percent shall be allo-
cated 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 de-
graded 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 pro-
gram 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 per-
cent 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 pri-
ority lists for the use of funds available under this subtitle. 
Each list shall give priority to projects based upon the pro-
tection 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 pro-
vided 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 Sec-
retary 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 demon-
strable 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 fund-
ing of the Wildlife Conservation and Restoration Planning 
program established under the amendments to the Pitt-
man-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, re-
volvers, 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 fur-
ther 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 strik-
ing ‘‘section 4(c)’’ each place it appears and insert-
ing ‘‘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 ac-
count’. 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 fis-
cal year, for apportionment in accordance with this 
Act to carry out State wildlife conservation and res-
toration 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 21⁄4 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 avail-
able 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 fol-
lowing:
‘‘(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 Settle-
ment 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 fol-
lowing: ‘‘, and, except for purposes of sub-
section (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 COMMU-
NITIES AND SCIENTIFICALLY 
MANAGING IMPERILED WILD-
LIFE 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 spe-
cies and the habitat upon which they depend. 
(2) To promote greater involvement by non- 
Federal entities in the recovery of the Nation’s en-
dangered 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 RECOV-
ERY. 
(a) FINANCIAL ASSISTANCE.—The Secretary may 
use amounts made available under section 702 to provide 
financial assistance to any person for development and im-
plementation of Imperiled Wildlife and Rare Plant Recov-
ery Agreements entered into by the Secretary under sec-
tion 404. 
(b) PRIORITY.—In providing assistance under this 
section, the Secretary shall give priority to the develop-
ment 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 spe-
cies; 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 as-
sistance under this section for any action that is required 
by a permit issued under section 10(a)(1)(B) of the En-
dangered 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.—Finan-
cial assistance provided to a person under this sec-
tion shall be in addition to, and shall not affect, the 
total amount of payments that the person is other-
wise eligible to receive under the Conservation Re-
serve program established under subchapter B of 
chapter 1 of subtitle D of title XII of the Food Se-
curity Act of 1985 (16 U.S.C. 3831 et seq.), the 
Wetlands Reserve Program established under sub-
chapter C of that chapter (16 U.S.C. 3837 et seq.), 
or the Wildlife Habitat Incentives Program estab-
lished 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 fi-
nancial assistance under this section to carry out ac-
tivities under a species recovery agreement in addi-
tion 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 re-
quire 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 RECOV-
ERY AGREEMENTS. 
(a) IN GENERAL.—The Secretary may enter into Im-
periled 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 re-
quired 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 other-
wise lawful activities that would inhibit the re-
covery of an endangered or threatened species; 
or 
(C) to do any combination of subpara-
graphs (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 agree-
ment, and measures for attaining such goals;
(4) require the person to make measurable 
progress each year in achieving those goals, includ-
ing 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 agree-
ment is in effect based on the schedule for imple-
mentation required under paragraph (4). 
(c) REVIEW AND APPROVAL OF PROPOSED AGREE-
MENTS.—Upon submission by any person of a proposed 
species recovery agreement under this section, the Sec-
retary— 
(1) shall review the proposed agreement and de-
termine whether it complies with the requirements of 
this section and will contribute to the recovery of en-
dangered 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 agree-
ment complies with the requirements of this section, 
shall approve and enter with the person into the 
agreement. 
(d) MONITORING
IMPLEMENTATION
OF
AGREE-
MENTS.—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 fi-
nancial assistance under this title to implement the 
agreement as the Secretary determines is appro-
priate under the terms of the agreement. 
SEC. 405. DEFINITIONS. 
In this title: 
(1) IMPERILED WILDLIFE OR RARE PLANT SPE-
CIES.—The term ‘‘imperiled wildlife or rare plant 
species’’ means any species that is listed as an en-
dangered 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 En-
dangered 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 Imper-
iled 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 provi-
sion, the reference shall be considered to be made to a 
section or other provision of the Urban Park and Recre-
ation 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 recre-
ation 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 ADMINISTRA-
TION.—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 FA-
CILITIES. 
Section 1003 (16 U.S.C. 2502) is amended by insert-
ing ‘‘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 fol-
lows: 
(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 match-
ing capital grants to units of local government to 
cover costs of development, land acquisition, and 
construction on existing or new neighborhood recre-
ation sites, including indoor and outdoor recreational 
areas and facilities, support facilities, and land-
scaping; and 
‘‘(2) does not include routine maintenance, and 
upkeep activities; and 
‘‘(m) ‘Secretary’ means the Secretary of the Inte-
rior.’’.
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, eli-
gible general purpose local governments shall include the 
following: 
‘‘(1) All political subdivisions of Metropolitan, 
Primary, or Consolidated Statistical Areas, as deter-
mined by the most recent Census. 
‘‘(2) Any other city, town, or group of cities or 
towns (or both) within such a Metropolitan Statis-
tical 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 para-
graph (3) as paragraph (4); and 
(2) by striking so much as precedes subsection 
(a)(4) (as so redesignated) and inserting the fol-
lowing:
‘‘GRANTS 
‘‘SEC. 1006. (a)(1) The Secretary may provide 70 
percent matching grants for rehabilitation, development, 
acquisition, and innovation purposes to any eligible gen-
eral purpose local government upon approval by the Sec-
retary 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 ap-
proved 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 facili-
ties in accordance with section 1010. 
‘‘(3) Payments may be made only for those rehabilita-
tion, 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 in-
serting ‘‘development,’’ after ‘‘commitments to ongo-
ing planning,’’; and 
(2) in subsection (a)(2) by inserting ‘‘develop-
ment 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 CON-
SERVATION FUND ACTIVITIES.—(1) The Secretary and 
general purpose local governments are encouraged to co-
ordinate 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 simi-
lar purposes or for other conservation or recreation pur-
poses.
‘‘(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 re-
quirements of subsection 6(d) of the Land and Water Con-
servation 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 de-
mographics or that must be abandoned because of environ-
mental 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 re-
covery 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 para-
graph (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 sec-
tion 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 ex-
pended each fiscal year under this Act shall be used in 
accordance with this Act for preservation projects on his-
toric properties. In making such funds available, the Sec-
retary shall give priority to the preservation of endangered 
historic properties.’’. 
SEC. 522. STATE USE OF HISTORIC PRESERVATION ASSIST-
ANCE 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 HER-
ITAGE 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 manage-
ment entity for any national heritage area or national her-
itage corridor established under the laws of the United 
States, to support cooperative historic preservation plan-
ning 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 sub-
section (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 avail-
able 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 as-
sistance 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 au-
thorize that private property be taken for public use, with-
out just compensation as provided by the 5th and 14th 
amendments to the United States Constitution. 
(b) REGULATION.—Federal agencies, using funds ap-
propriated 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 SPE-
CIFIC 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 Sec-
retary 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 specifi-
cally approved by an Act of Congress. 
‘‘(e) LIST OF PROPOSED FEDERAL ACQUISITIONS.— 
‘‘(1) RESTRICTION ON USE.—The Federal por-
tion for a fiscal year may not be obligated or ex-
pended to acquire any interest in lands or water un-
less the lands or water were included in a list of ac-
quisitions that is approved by the Congress. 
‘‘(2) TRANSMISSION
OF
LIST.—(A) The Sec-
retary of the Interior and the Secretary of Agri-
culture shall jointly transmit to the appropriate au-
thorizing 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 land-
holdings in States with checkerboard Federal 
land ownership patterns; 
‘‘(ii) consider the use of equal value land 
exchanges, where feasible and suitable, as an al-
ternative means of land acquisition; 
‘‘(iii) consider the use of permanent con-
servation easements, where feasible and suit-
able, as an alternative means of acquisition; 
‘‘(iv) identify those properties that are pro-
posed to be acquired from willing sellers and 
specify any for which adverse condemnation is 
requested; and 
‘‘(v) establish priorities based on such fac-
tors as important or special resource attributes, 
threats to resource integrity, timely availability, 
owner hardship, cost escalation, public recre-
ation use values, and similar considerations.
‘‘(C) The Secretary of the Interior and the Sec-
retary of Agriculture shall each— 
‘‘(i) transmit, with the list transmitted 
under subparagraph (A), a separate list of 
those lands under the administrative jurisdic-
tion 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 AC-
QUISITIONS.—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
RE-
QUIRED.—The Federal portion for a fiscal year may not 
be used to acquire any interest in land unless the Sec-
retary 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 Con-
gress elected to represent any area in which is lo-
cated— 
‘‘(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 subdivi-
sion having jurisdiction over the land; and 
‘‘(4) by publication of a notice in a newspaper 
that is widely distributed in the area under the juris-
diction of each such State political subdivision, that 
includes a clear statement that the Federal Govern-
ment 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: