I 
115TH CONGRESS 
2D SESSION 
H. R. 5170 
To amend title 54, United States Code, to reauthorize and reform the Land 
and Water Conservation Fund, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 5, 2018 
Mr. WESTERMAN introduced the following bill; which was referred to the Com-
mittee on Natural Resources, and in addition to the Committees on Agri-
culture, and Education and the Workforce, for a period to be subse-
quently determined by the Speaker, in each case for consideration of such 
provisions as fall within the jurisdiction of the committee concerned 
A BILL 
To amend title 54, United States Code, to reauthorize and 
reform the Land and Water Conservation Fund, and 
for other purposes. 
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 ‘‘Federal Lands Infra-
structure Partnership Act’’ or the ‘‘FLIP Act’’. 
SEC. 2. TABLE OF CONTENTS. 
The table of contents for this Act is as follows: 
Sec. 1. Short title. 
Sec. 2. Table of contents. 
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Sec. 3. Reauthorization. 
Sec. 4. Fund amounts for State purposes. 
Sec. 5. Allocation of fund amounts for Federal purposes. 
Sec. 6. Contracts for acquisition of land and water. 
Sec. 7. Payment In-Lieu of Taxes Program. 
Sec. 8. Promotion offshore energy exploration, innovation, and education. 
Sec. 9. Definition. 
Sec. 10. Clerical amendments. 
SEC. 3. REAUTHORIZATION. 
Section 200302 of title 54, United States Code, is 
amended— 
(1) in subsection (b), in the language preceding 
paragraph (1), by striking ‘‘September 30, 2018’’ 
and inserting ‘‘September 30, 2022’’; and 
(2) in subsection (c)(1), by striking ‘‘September 
30, 2018’’ and inserting ‘‘September 30, 2022’’. 
SEC. 4. FUND AMOUNTS FOR STATE PURPOSES. 
(a) ALLOCATION.—Section 200305(a) of title 54, 
United States Code, is amended by striking ‘‘The Sec-
retary may provide financial assistance to the States from 
amounts available for State purposes.’’ and inserting ‘‘Of 
the overall amount appropriated from the Fund for a fis-
cal year, the Secretary shall make 25 percent available to 
the States for State purposes as provided in this section.’’. 
(b) 
APPORTIONMENT
AMONG
STATES.—Section 
200305(b) of title 54, United States Code, is amended— 
(1) by striking paragraph (1) and inserting the 
following: 
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‘‘(1) Twenty-five percent shall be apportioned 
equally among the States.’’; 
(2) by striking paragraph (3); 
(3) by redesignating paragraphs (4) and (5) as 
paragraphs (3) and (4), respectively; and 
(4) in paragraph (3), as redesignated by this 
subsection, by striking ‘‘without regard to the 10 
percent limitation to an individual State specified in 
this subsection’’. 
(c) STATE USE OF FUNDS.—Section 200305 of title 
54, United States Code, is amended— 
(1) by redesignating subsections (c) through (k) 
as subsections (d) through (l), respectively; and 
(2) by inserting after subsection (b) the fol-
lowing: 
‘‘(c) STATE USE OF FUNDS.—Not less than 30 per-
cent of the amount allocated to a State under subsection 
(b) for each fiscal year shall be used by the State in one 
or more communities with a population of greater than 
20,000 (based on data from the most recent Census Bu-
reau American Community Survey).’’. 
(d) 
CONFORMING
AMENDMENTS.—Section 
200305(k) of title 54, United States Code, is amended— 
(1) in paragraph (1), by striking ‘‘subsection 
(e)’’ and inserting ‘‘subsection (f)’’; and 
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(2) in paragraph (3), by striking ‘‘subsection 
(c)’’ and inserting ‘‘subsection (d)’’. 
SEC. 5. ALLOCATION OF FUND AMOUNTS FOR FEDERAL 
PURPOSES. 
Title 54, United States Code, is amended— 
(1) in section 200304, by striking ‘‘Not less 
than 40 percent of such appropriations shall be 
available for Federal purposes.’’; 
(2) in section 200306(a), by striking para-
graphs (1) and (2) and inserting the following: 
‘‘(1) ALLOCATION.—Of the overall amount ap-
propriated from the Fund for a fiscal year, 50 per-
cent shall be available for Federal purposes as pro-
vided in this section. 
‘‘(2) USE OF FUNDS.— 
‘‘(A) USE OF FUNDS FOR LAND ACQUISI-
TION.— 
‘‘(i) IN GENERAL.—Subject to the re-
strictions in clause (ii), of the amount ap-
propriated and available under paragraph 
(1) for a fiscal year, the Secretary shall 
make available not less than 3.5 percent 
for acquisition of non-Federal land, water, 
or an interest in land or water by one or 
more of the following: 
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‘‘(I) The National Park Service. 
‘‘(II) The United States Fish and 
Wildlife Service. 
‘‘(III) The Forest Service. 
‘‘(IV) The Bureau of Land Man-
agement. 
‘‘(ii) RESTRICTIONS.— 
‘‘(I) 
INHOLDINGS.—The 
Sec-
retary shall not acquire a parcel of 
non-Federal land or water under this 
subparagraph unless such parcel is lo-
cated within the exterior boundary of 
a unit of land administered by a Fed-
eral agency listed in subclauses (I) 
through (IV) of clause (i). 
‘‘(II) LOCATION.—The Secretary 
may not acquire a parcel of non-Fed-
eral land or water under this subpara-
graph if such acquisition would result 
in more than 15 percent of the acre-
age acquired with funds allocated 
under this subparagraph for any fiscal 
year to be located west of the 100th 
meridian. 
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‘‘(III) PUBLIC
ACCESS.—Of the 
amount appropriated and made avail-
able under this subparagraph for a 
fiscal year, the Secretary shall make 
available not less than 33 percent to 
acquire land, water, or an interest in 
land or water to secure or enhance 
public access for recreational hunting, 
recreational fishing, or recreational 
shooting to a unit of land adminis-
tered by a Federal agency listed in 
subclauses (I) through (IV) of clause 
(i). 
‘‘(IV) PROHIBITION ON USE OF 
CONDEMNATION
OR
EMINENT
DO-
MAIN.—The Secretary may not use 
funds made available under this sub-
paragraph to acquire land, water, or 
an interest in land or water through 
condemnation or an eminent domain 
proceeding. 
‘‘(B) USE
OF
FUNDS
FOR
DEFERRED 
MAINTENANCE.— 
‘‘(i) IN GENERAL.—Of the amount ap-
propriated and available under paragraph 
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(1) for a fiscal year, the Secretary shall 
make available not less than 75 percent for 
deferred maintenance, critical infrastruc-
ture, visitor services, and clean-up efforts 
or a combination thereof, on Federal land 
or water managed by one or more of the 
following: 
‘‘(I) The National Park Service. 
‘‘(II) The United States Fish and 
Wildlife Service. 
‘‘(III) The Forest Service. 
‘‘(IV) The Bureau of Land Man-
agement. 
‘‘(ii) USE OF FUNDS FOR NGOS.— 
‘‘(I) IN
GENERAL.—In addition 
to the amount made available under 
clause (i), of the amount appropriated 
and available under paragraph (1) for 
a fiscal year, the Secretary shall make 
3.5 percent available to nongovern-
mental organizations for the activities 
described in subclause (i). 
‘‘(II) MATCHING
NON-FEDERAL 
FUNDS.—To be eligible to receive 
funds under this clause, a nongovern-
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