of activities funded under this section. Such application 
may describe how the applicant has partnered, or intends 
to partner, with a State and local park and recreation de-
partment. 
‘‘(d) REQUIREMENTS.— 
‘‘(1) ANNUAL REPORT.—In order to continue 
receiving grant funds under this section after the 
first year of a multi-year grant under this section, 
the grantee shall submit to the Secretary an annual 
report that— 
‘‘(A) describes the activities assisted under 
this section that were conducted during the pre-
ceding year; 
‘‘(B) describes the results of the grantee’s 
evaluation and accountability plan; and 
‘‘(C) demonstrates that the grantee has 
undertaken activities to accomplish at least one 
of the following: 
‘‘(i) Responsibly preparing children to 
understand and address major challenges 
facing the United States, such as increas-
ing the supply of clean energy, climate 
change, environmental health risks, and 
environmental disaster and emergency pre-
paredness.
‘‘(ii) Supporting systemic education 
reform by strengthening environmental 
education as an integral part of the ele-
mentary school and secondary school cur-
riculum. 
‘‘(iii) Helping ensure that all students 
meet challenging State academic content 
and student academic achievement stand-
ards in environmental learning. 
‘‘(iv) Supporting efforts to enable stu-
dents to engage in environmental edu-
cation. 
‘‘(v) Leveraging and expanding pri-
vate and public support for environmental 
education partnerships at national, State, 
and local levels. 
‘‘(vi) Awarding grants to initiate, ex-
pand, or improve environmental education 
programs for elementary and secondary 
students. 
‘‘(vii) Restoring and increasing field 
experiences as part of the regular school 
curriculum and schedule in order to im-
prove students’ overall academic perform-
ance, self-esteem, personal responsibility,
community involvement, personal health 
(including addressing child obesity issues), 
and understanding of nature. 
‘‘(2) ADMINISTRATIVE
EXPENSES.—Not more 
than 5 percent of the grant funds made available to 
a nonprofit organization, State educational agency, 
local educational agency, or institution of higher 
education under this section for any fiscal year may 
be used for administrative expenses. 
‘‘(3) 
STATE
ENVIRONMENTAL
LITERACY 
PLANS.— 
‘‘(A) IN
GENERAL.—A State educational 
agency receiving a grant under this section 
shall— 
‘‘(i) have a State environmental lit-
eracy plan that is consistent with the re-
quirements of subsection (b)(6) and that is 
peer reviewed within the State by a panel 
composed of experts in environmental edu-
cation and representatives from other re-
lated State agencies; or 
‘‘(ii) develop a State environmental 
literacy plan described in subsection (b)(6) 
with funds made available under this sec-
tion prior to using the grant funds for any 
other purpose. 
‘‘(B) PEER REVIEW.—If an environmental 
literacy plan described in subparagraph (A)(i) 
has not been peer reviewed within the State, the 
State educational agency, notwithstanding sub-
section (b), shall use funds made available 
under this section to complete such review, as 
described in such subparagraph, prior to using 
the grant funds for any other purpose. 
‘‘(C) OTHER GRANTEES.—An applicant for 
a grant under this section that is not a State 
educational agency and applies for funding to 
be used for the purpose described in subsection 
(b)(6) shall demonstrate in the application that 
the applicant has consulted with the State edu-
cational agency about such use of funds. 
‘‘(e) ADMINISTRATIVE PROVISIONS.— 
‘‘(1) FEDERAL
SHARE.—The Federal share 
under this section shall not exceed— 
‘‘(A) 90 percent of the total cost of a pro-
gram assisted under this section for the first 
year for which the program receives assistance 
under this section;
‘‘(B) 75 percent of such cost for the sec-
ond; and 
‘‘(C) 50 percent of such cost for each sub-
sequent such year. 
‘‘(2) REPORT TO CONGRESS.—Not later than 
one year after enactment of this bill, the Secretary 
shall submit to the Committee on Education and 
Labor of the House of Representatives and the Com-
mittee on Health, Education, Labor, and Pensions 
of the Senate a report that— 
‘‘(A) describes the programs assisted under 
this section; 
‘‘(B) documents the success of such pro-
grams in improving national and State environ-
mental education capacity; and 
‘‘(C) makes such recommendations as the 
Secretary determines appropriate for the con-
tinuation and improvement of the programs as-
sisted under this section. 
‘‘(3) AVAILABILITY OF FUNDS.—Amounts made 
available to the Secretary to carry out this section 
shall remain available until expended. 
‘‘(f) SUPPLEMENT, NOT SUPPLANT.—Funds made 
available under this section shall be used to supplement,
and not supplant, any other Federal, State, or local funds 
available for environmental education activities. 
‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There 
are authorized to be appropriated to carry out this section 
such sums as may be necessary for fiscal year 2009. 
‘‘SEC. 12. ACCOUNTABILITY. 
‘‘(a) QUALITY INDICATORS.—The Administrator, the 
Secretary, and the Foundation each shall establish indica-
tors of program quality for the programs and activities 
funded under this Act (other than fellowship awards fund-
ed under section 7) that such official or entity administers. 
‘‘(b) MINIMUM INDICATORS.—Such indicators of pro-
gram quality, at a minimum, shall— 
‘‘(1) enhance understanding of the natural and 
built environment; 
‘‘(2) foster a better appreciation of the inter-
disciplinary nature of environmental issues and con-
ditions; 
‘‘(3) increase achievement in related areas of 
national interest, such as mathematics and science; 
‘‘(4) increase understanding of the benefits of 
exposure to the natural environment; 
‘‘(5) improve understanding of how human and 
natural systems interact together;
‘‘(6) 
broaden 
awareness 
of 
environmental 
issues; and 
‘‘(7) include such other indicators as the Ad-
ministrator, Secretary, or Foundation may develop. 
‘‘(c) REPORT.—Each recipient receiving funds under 
this Act, other than fellowship recipients under section 7, 
shall report annually to the Administrator, the Secretary, 
or the Foundation regarding progress made in meeting the 
minimum indicators of program quality established under 
subsection (b). The Administrator, the Secretary, and the 
Foundation shall disseminate such information widely to 
the public through electronic and other means.’’. 
(e) RESTRICTIONS ON FEDERAL GOVERNMENT AND 
USE OF FEDERAL FUNDS.—The National Environmental 
Education Act (20 U.S.C. 5501 et seq.), as amended by 
subsection (d), is further amended by adding at the end 
the following: 
‘‘SEC. 14. RESTRICTIONS ON FEDERAL GOVERNMENT AND 
USE OF FEDERAL FUNDS. 
‘‘(a) GENERAL PROHIBITION.—Nothing in this Act 
shall be construed to authorize an officer or employee of 
the Federal Government to mandate, direct, or control a 
State, local educational agency, or school’s curriculum, 
program of instruction, specific instructional content, aca-
demic achievement standards, assessments, or allocation
of State or local resources, or mandate a State or any sub-
division thereof to spend any funds or incur any costs not 
paid for under this Act. 
‘‘(b) PROHIBITION
ON ENDORSEMENT
OF CUR-
RICULUM.—No funds provided to the Administrator or 
Secretary under this Act may be used by the Agency or 
Department of Education to endorse, approve, or sanction 
any curriculum designed to be used in an elementary 
school or secondary school. 
‘‘(c) PROHIBITION
ON REQUIRING FEDERAL AP-
PROVAL OR CERTIFICATION OF STANDARDS.—No State 
shall be required to have academic content or student aca-
demic achievement standards approved or certified by the 
Federal Government, in order to receive assistance under 
this Act. 
‘‘(d) RESTRICTIONS ON PARTISAN POLITICAL INFLU-
ENCE.— 
‘‘(1) IN GENERAL.—In carrying out the activi-
ties described in this Act, the Administrator and 
Secretary shall ensure that such activities— 
‘‘(A) conform to high standards of quality, 
integrity, and accuracy; 
‘‘(B) are objective, neutral, and nonideo-
logical and are free of partisan political influ-
ence; and
‘‘(C) do not advocate a particular political 
viewpoint. 
‘‘(2) ACTIONS TO IMPLEMENT AND ENFORCE.— 
The Administrator and Secretary shall take such ac-
tions as are necessary to ensure that the provisions 
of this section are vigorously implemented and en-
forced.’’. 
(f) CONFORMING AMENDMENT.—The table of con-
tents in section 1(b) of the National Environmental Edu-
cation Act (20 U.S.C. 5501 note) is amended by striking 
the item relating to section 11 and inserting the following: 
‘‘Sec. 11. National capacity environmental education grant program. 
‘‘Sec. 12. Accountability. 
‘‘Sec. 13. Authorization. 
‘‘Sec. 14. Restrictions on Federal Government and use of Federal funds.’’. 
Passed the House of Representatives September 18, 
2008. 
Attest: 
Clerk.
110TH CONGRESS 
2D SESSION 
H. R. 3036 
AN ACT 
To reauthorize and enhance the National Environ-
mental Education Act, and for other purposes.