HR 1068 IH 
remain in the Fund until appropriated by Congress to carry out this 
chapter. 
§ 200303. Appropriations for expenditure of Fund amounts 
Amounts deposited in the Fund shall be available for expenditure for the 
purposes of this chapter only when appropriated for those purposes. The ap-
propriations may be made without fiscal-year limitation. Amounts made 
available for obligation or expenditure from the Fund may be obligated or 
expended only as provided in this chapter. 
§ 200304. Statement of estimated requirements 
There shall be submitted with the annual budget of the United States a 
comprehensive statement of estimated requirements during the ensuing fis-
cal year for appropriations from the Fund. Not less than 40 percent of such 
appropriations shall be available for Federal purposes. 
§ 200305. Financial assistance to States 
(a) AUTHORITY OF SECRETARY TO MAKE PAYMENTS.—The Secretary 
may provide financial assistance to the States from amounts available for 
State purposes. Payments may be made to the States by the Secretary as 
provided in this section, subject to such terms and conditions as the Sec-
retary considers appropriate and in the public interest to carry out the pur-
poses of this chapter, for outdoor recreation: 
(1) Planning. 
(2) Acquisition of land, water, or interests in land or water. 
(3) Development. 
(b) APPORTIONMENT AMONG STATES.—Amounts appropriated and avail-
able for State purposes for each fiscal year shall be apportioned among the 
States by the Secretary, whose determination shall be final, in accordance 
with the following formula: 
(1) Forty percent of the 1st $225,000,000; 30 percent of the next 
$275,000,000; and 20 percent of all additional appropriations shall be 
apportioned equally among the States. 
(2) At any time, the remaining appropriation shall be apportioned 
on the basis of need to individual States by the Secretary in such 
amounts as in the Secretary’s judgment will best accomplish the pur-
poses of this chapter. The determination of need shall include consider-
ation of—– 
(A) the proportion that the population of each State bears to 
the total population of the United States; 
(B) the use of outdoor recreation resources of each State by 
persons from outside the State; and 
(C) the Federal resources and programs in each State. 
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(3) The total allocation to a State under paragraphs (1) and (2) 
shall not exceed 10 percent of the total amount allocated to all of the 
States in any one year. 
(4) The Secretary shall notify each State of its apportionments. The 
amounts shall be available for payment to the State for planning, ac-
quisition, or development projects as prescribed. Any amount of any 
apportionment that has not been paid or obligated by the Secretary 
during the fiscal year in which the notification is given and for 2 fiscal 
years thereafter shall be reapportioned by the Secretary in accordance 
with paragraph (2) without regard to the 10 percent limitation to an 
individual State specified in this subsection. 
(5) For the purposes of paragraph (1), the District of Columbia, 
Puerto Rico, Guam, American Samoa, the Virgin Islands, and the 
Northern Mariana Islands shall be deemed to be one State, and shall 
receive shares of the apportionment in proportion to their populations. 
(c) MATCHING REQUIREMENTS.—Payments to any State shall cover not 
more than 50 percent of the cost of planning, acquisition, or development 
projects that are undertaken by the State. The remaining share of the cost 
shall be borne by the State in a manner and with funds or services as shall 
be satisfactory to the Secretary. 
(d) COMPREHENSIVE STATE PLAN.— 
(1) REQUIRED FOR CONSIDERATION OF FINANCIAL ASSISTANCE.—A 
comprehensive statewide outdoor recreation plan shall be required prior 
to the consideration by the Secretary of financial assistance for acquisi-
tion or development projects. The plan shall be adequate if, in the judg-
ment of the Secretary, it encompasses and will promote the purposes 
of this chapter. No plan shall be approved unless the chief executive 
official of the State certifies that ample opportunity for public partici-
pation in plan development and revision has been accorded. The Sec-
retary shall develop, in consultation with others, criteria for public par-
ticipation, which criteria shall constitute the basis for the certification 
by the chief executive official. The plan shall contain— 
(A) the name of the State agency that will have authority to 
represent and act for the State in dealing with the Secretary for 
purposes of this chapter; 
(B) an evaluation of the demand for and supply of outdoor 
recreation resources and facilities in the State; 
(C) a program for the implementation of the plan; and 
(D) other necessary information, as determined by the Sec-
retary. 
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(2) FACTORS TO BE CONSIDERED.—The plan shall take into account 
relevant Federal resources and programs and shall be correlated so far 
as practicable with other State, regional, and local plans. Where there 
exists or is in preparation for any particular State a comprehensive 
plan financed in part with funds supplied by the Secretary of Housing 
and Urban Development, any statewide outdoor recreation plan pre-
pared for purposes of this part shall be based on the same population, 
growth, and other pertinent factors as are used in formulating plans 
financed by the Secretary of Housing and Urban Development. 
(3) PROVISION OF ASSISTANCE WHEN PLAN NOT OTHERWISE AVAIL-
ABLE OR TO MAINTAIN PLAN.—The Secretary may provide financial as-
sistance to any State for projects for the preparation of a comprehen-
sive statewide outdoor recreation plan when the plan is not otherwise 
available or for the maintenance of the plan. 
(4) WETLANDS.—A comprehensive statewide outdoor recreation plan 
shall specifically address wetlands within the State as an important 
outdoor recreation resource as a prerequisite to approval, except that 
a revised comprehensive statewide outdoor recreation plan shall not be 
required by the Secretary, if a State submits, and the Secretary, acting 
through the Director, approves, as a part of and as an addendum to 
the existing comprehensive statewide outdoor recreation plan, a wet-
lands priority plan developed in consultation with the State agency with 
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 AND DEVELOPMENT 
OF BASIC OUTDOOR RECREATION FACILITIES.— 
(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 
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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 a facility nor-
mally used for an outdoor recreation activity, but the Secretary may 
permit local funding, not to exceed 10 percent of the total amount allo-
cated to a State in any one year, to be used for construction of a shel-
tered facility for a swimming pool or ice skating rink in an area where 
the Secretary determines that the construction is justified by the sever-
ity of climatic conditions and the increased public use made possible 
by the construction. 
(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 
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