I 
110TH CONGRESS 
2D SESSION 
H. R. 5820 
To authorize the Forest Service to provide financial assistance to States 
for the acquisition of land to preserve and maintain such land for 
traditional use by the public, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 16, 2008 
Mr. ALLEN (for himself and Mr. MICHAUD) introduced the following bill; 
which was referred to the Committee on Natural Resources 
A BILL 
To authorize the Forest Service to provide financial assist-
ance to States for the acquisition of land to preserve 
and maintain such land for traditional use by the public, 
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 ‘‘Traditional Use Pro-
tection Act of 2008’’. 
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SEC. 2. SUPPORT FOR THE TRADITIONAL USE OF LANDS. 
(a) GRANTS.—The Chief of the Forest Service shall 
establish a program to award grants, on a competitive 
basis, to States for the purpose of allowing such States— 
(1) to acquire the rights to land to make such 
land available to the public for traditional use; and 
(2) to make subgrants to an entity to allow 
such entity to acquire the rights to land to make 
such land available to the public for traditional use. 
(b) REQUIREMENTS FOR USE OF FUNDS.— 
(1) IN GENERAL.—A State shall use the funds 
received under this section only— 
(A) to purchase land, acquire an easement, 
or take other actions to acquire rights to land, 
as long as such purchase, acquisition, or other 
action results in the State holding rights to the 
land in perpetuity; and 
(B) to make a subgrant to an entity to 
allow such entity to purchase land, acquire an 
easement, or take other actions to acquire 
rights to land, as long as such purchase, acqui-
sition, or other action results in the entity hold-
ing rights to the land in perpetuity. 
(2) WILLING SELLERS.—A State or entity may 
only use funds received through a grant or subgrant 
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under subsection (a) to acquire rights to land from 
a willing seller. 
(3) EMINENT DOMAIN PROHIBITED.—A State 
may not use funds received through a grant under 
subsection (a) to acquire land through eminent do-
main. 
(c) ACCESS.—A State or entity shall make any land 
purchased, acquired, or otherwise obtained using funds re-
ceived through a grant or subgrant under subsection (a) 
available to the public for appropriate traditional use, as 
determined by the State. 
(d) APPLICATION.— 
(1) IN GENERAL.—To be considered for a grant 
under this section, a State shall submit to the Chief 
an application at such time and in such manner as 
the Chief may require. 
(2) CONTENTS.—The application shall include 
the following: 
(A) Information demonstrating the com-
mitment of the State to stewardship and main-
tenance of land currently held by the State for 
traditional and recreational use (including park 
land). 
(B) Certification by the State that the 
State maintains a landowner relations program. 
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(C) A copy of the comprehensive State 
plan. 
(D) Such information as the Chief may re-
quire. 
(e) COST SHARING.—The amount of any grant under 
this section may not exceed 75 percent of the total cost 
of the land rights acquired with the grant. 
(f) PUBLICATION OF CRITERIA.—Not later than 60 
days after the date of enactment of this Act, the Chief 
shall publish criteria for making grants under subsection 
(a) in the Federal Register. 
(g) REPORT.—Not later than one year after the date 
of enactment of this Act, and annually thereafter, the 
Chief shall submit to Congress a report on the grant pro-
gram established under subsection (a). 
(h) DEFINITIONS.—For purposes of this section: 
(1) CHIEF.—The term ‘‘Chief’’ means the Chief 
of the Forest Service. 
(2) COMPREHENSIVE STATE PLAN.—The term 
‘‘comprehensive State plan’’ means a comprehensive 
plan developed by the State, regarding recreational 
access to and conservation of land in the State, 
that— 
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(A) is developed through a process that in-
volves interested persons from both the public 
and private sectors, including landowners; and 
(B) includes strategies for developing part-
nerships between the public and private sectors 
to develop, improve, and preserve traditional 
recreational opportunities. 
(3) LANDOWNER
RELATIONS
PROGRAM.—The 
term ‘‘landowner relations program’’ means a pro-
gram established by the State that— 
(A) engages private landowners to facili-
tate public access to their property for tradi-
tional use; 
(B) addresses the concerns of landowners 
relating to public access to private land; and 
(C) serves as a clearinghouse for informa-
tion about rules, regulations, certifications, and 
procedures for land use. 
(4) PROGRAM.—The term ‘‘program’’ means 
the grant program established under subsection (a). 
(5) TRADITIONAL USE.— 
(A) IN GENERAL.—Except as provided in 
subparagraph (B), the term ‘‘traditional use’’ 
has the meaning given that term by the State 
receiving a grant under subsection (a). Such 
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term may include hunting, fishing, access to 
water, motorized recreation, hiking, bird watch-
ing, and non-motorized recreational activities. 
(B) EXCLUSION.—The term ‘‘traditional 
use’’ does not include residential or commercial 
development. 
SEC. 3. AUTHORIZATION OF APPROPRIATIONS. 
There is authorized to be appropriated to the Chief 
to carry out this Act, $50,000,000 for each fiscal year 
from 2009 through 2013. 
Æ 
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