100 
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responsibility for fish and wildlife resources and consistent with the na-
tional wetlands priority conservation plan developed under section 301 
of the Emergency Wetlands Resources Act of 1986 (16 U.S.C. 3921) 
or, if the national plan has not been completed, consistent with the pro-
visions of that section. 
(e) PROJECTS FOR LAND AND WATER ACQUISITION.— 
(1) IN GENERAL.—In addition to assistance for planning projects, 
the Secretary may provide financial assistance to any State for the 
types of projects described in paragraphs (2) and (3), or combinations 
of those projects, if the projects are in accordance with the State com-
prehensive plan. 
(2) ACQUISITION OF LAND OR WATER.— 
(A) IN GENERAL.—Under paragraph (1), the Secretary may 
provide financial assistance for a project for the acquisition of 
land, water, or an interest in land or water, or a wetland area or 
an interest in a wetland area, as identified in the wetlands provi-
sions of the comprehensive plan (other than land, water, or an in-
terest in land or water acquired from the United States for less 
than fair market value), but not including incidental costs relating 
to acquisition. 
(B) RETENTION OF RIGHT OF USE AND OCCUPANCY.—When a 
State provides that the owner of a single-family residence may, at 
the owner’s option, elect to retain a right of use and occupancy 
for not less than 6 months after the date of acquisition of the resi-
dence and the owner elects to retain such a right— 
(i) the owner shall be deemed to have waived any benefits 
under sections 203 to 206 of the Uniform Relocation Assist-
ance and Real Property Acquisition Policies Act of 1970 (42 
U.S.C. 4623 to 4626); and 
(ii) for the purposes of those sections the owner shall not 
be deemed to be a displaced person as defined in section 101 
of that Act (42 U.S.C. 4601). 
(3) DEVELOPMENT OF BASIC OUTDOOR RECREATION FACILITIES.— 
Under paragraph (1), the Secretary may provide financial assistance 
for a project for development of basic outdoor recreation facilities to 
serve the general public, including the development of Federal land 
under lease to States for terms of 25 years or more. No assistance 
shall be available under this chapter to enclose or shelter facilities nor-
mally used for outdoor recreation activities, but the Secretary may per-
mit local funding, and not to exceed 10 percent of the total amount 
allocated to a State in any one year, to be used for sheltered facilities 
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for swimming pools and ice skating rinks in areas where the Secretary 
determines that the severity of climatic conditions and the increased 
public use thereby made possible justifies the construction of the facili-
ties. 
(f) PAYMENTS.— 
(1) CRITERIA FOR MAKING PAYMENTS.—The Secretary may make a 
payment to a State only for a planning, acquisition, or development 
project that is approved by the Secretary. The Secretary shall not make 
a payment for or on account of any project with respect to which finan-
cial assistance has been given or promised under any other Federal 
program or activity, and no financial assistance shall be given under 
any other Federal program or activity for or on account of any project 
with respect to which the assistance has been given or promised under 
this chapter. The Secretary may make payments from time to time in 
keeping with the rate of progress toward the satisfactory completion of 
a project. The approval of all projects and all payments, or any com-
mitments relating thereto, shall be withheld until the Secretary receives 
appropriate written assurance from the State that the State has the 
ability and intention to finance its share of the cost of all of the 
projects, and to operate and maintain by acceptable standards, at State 
expense, the properties or facilities acquired or developed for public 
outdoor recreation use. 
(2) PAYMENT RECIPIENTS.—Payments for all projects shall be made 
by the Secretary to the chief executive officer of the State or to a State 
official or agency designated by the chief executive officer or by State 
law having authority and responsibility to accept and to administer 
funds paid under this section for approved projects. If consistent with 
an approved project, funds may be transferred by the State to a polit-
ical subdivision or other appropriate public agency. 
(g) CONVERSION
TO OTHER THAN PUBLIC OUTDOOR RECREATION 
USE.—No property acquired or developed with assistance under this section 
shall, without the approval of the Secretary, be converted to other than pub-
lic outdoor recreation use. The Secretary shall approve a conversion only if 
the Secretary finds it to be in accordance with the then-existing comprehen-
sive statewide outdoor recreation plan and only on such conditions as the 
Secretary considers necessary to ensure the substitution of other recreation 
properties of at least equal fair market value and of reasonably equivalent 
usefulness and location. Wetland areas and interests therein as identified in 
the wetlands provisions of the comprehensive plan and proposed to be ac-
quired as suitable replacement property within the same State that is other-
wise acceptable to the Secretary, acting through the Director, shall be 
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deemed to be of reasonably equivalent usefulness with the property proposed 
for conversion. 
(h) REPORTS AND ACCOUNTING PROCEDURES.—No payment shall be 
made to any State until the State has agreed to— 
(1) provide such reports to the Secretary in such form and con-
taining such information as may be reasonably necessary to enable the 
Secretary to perform the Secretary’s duties under this chapter; and 
(2) provide such fiscal control and fund accounting procedures as 
may be necessary to ensure proper disbursement and accounting for 
Federal funds paid to the State under this chapter. 
(i) RECORDS.—A recipient of assistance under this chapter shall keep 
such records as the Secretary shall prescribe, including records that fully 
disclose— 
(1) the amount and the disposition by the recipient of the proceeds 
of the assistance; 
(2) the total cost of the project or undertaking in connection with 
which the assistance is given or used; and 
(3) the amount and nature of that portion of the cost of the project 
or undertaking supplied by other sources, and such other records as 
will facilitate an effective audit. 
(j) ACCESS TO RECORDS.—The Secretary, and the Comptroller General, 
or any of their duly authorized representatives, shall have access for the 
purpose of audit and examination to any records of the recipient that are 
pertinent to assistance received under this chapter. 
(k) PROHIBITION OF DISCRIMINATION.—With respect to property ac-
quired or developed with assistance from the Fund, discrimination on the 
basis of residence, including preferential reservation or membership systems, 
is prohibited except to the extent that reasonable differences in admission 
and other fees may be maintained on the basis of residence. 
(l) COORDINATION WITH FEDERAL AGENCIES.—To ensure consistency in 
policies and actions under this chapter with other related Federal programs 
and activities and to ensure coordination of the planning, acquisition, and 
development assistance to States under this section with other related Fed-
eral programs and activities— 
(1) the President may issue such regulations with respect thereto as 
the President considers desirable; and 
(2) the assistance may be provided only in accordance with the regu-
lations. 
(m) CAPITAL
IMPROVEMENT
AND
OTHER
PROJECTS
TO
REDUCE 
CRIME.— 
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(1) AVAILABILITY AND PURPOSE OF FUNDS.—In addition to assist-
ance for planning projects, and in addition to the projects identified in 
subsection (e), and from amounts appropriated out of the Violent 
Crime Reduction Trust Fund, the Secretary may provide financial as-
sistance to the States, not to exceed $15,000,000, for projects or com-
binations thereof for the purpose of making capital improvements and 
other measures to increase safety in urban parks and recreation areas, 
including funds to— 
(A) increase lighting within or adjacent to public parks and 
recreation areas; 
(B) provide emergency telephone lines to contact law enforce-
ment or security personnel in areas within or adjacent to public 
parks and recreation areas; 
(C) increase security personnel within or adjacent to public 
parks and recreation areas; and 
(D) fund any other project intended to increase the security and 
safety of public parks and recreation areas. 
(2) ELIGIBILITY.—In addition to the requirements for project ap-
proval imposed by this section, eligibility for assistance under this sub-
section shall depend on a showing of need. In providing funds under 
this subsection, the Secretary shall give priority to projects proposed 
for urban parks and recreation areas with the highest rates of crime 
and, in particular, to urban parks and recreation areas with the highest 
rates of sexual assault. 
(3) FEDERAL
SHARE.—Notwithstanding subsection (c), the Sec-
retary may provide 70 percent improvement grants for projects under-
taken by a State for the purposes described in this subsection. 
§ 1053.09. Allocation of Fund amounts for Federal purposes 
(a) ALLOWABLE PURPOSES AND SUBPURPOSES.— 
(1) IN GENERAL.—Amounts appropriated from the Fund for Federal 
purposes shall, unless otherwise allotted in the appropriation Act mak-
ing them available, be allotted by the President for the purposes and 
subpurposes stated in this subsection. 
(2) ACQUISITION OF LAND, WATER, OR AN INTEREST IN LAND OR 
WATER.— 
(A) SYSTEM
UNITS
AND
RECREATION
AREAS
ADMINISTERED 
FOR RECREATION PURPOSES.—Amounts shall be allotted for the 
acquisition of land, water, or an interest in land or water within 
the exterior boundary of— 
(i) a System unit authorized or established; and 
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