(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 purposes of this 
chapter. The determination of need shall include consideration 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 per-
sons from outside the State; and 
(C) the Federal resources and programs in each State. 
(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, acqui-
sition, or development projects as prescribed. Any amount of any appor-
tionment 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 indi-
vidual State specified in this subsection. 
(5) For the purposes of paragraph (1), the District of Columbia, Puer-
to 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 participation in 
plan development and revision has been accorded. The Secretary shall de-
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velop, in consultation with others, criteria for public participation, 
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 rep-
resent and act for the State in dealing with the Secretary for pur-
poses of this chapter; 
(B) an evaluation of the demand for and supply of outdoor recre-
ation resources and facilities in the State; 
(C) a program for the implementation of the plan; and 
(D) other necessary information, as determined by the Secretary. 
(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 prepared 
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 comprehensive 
statewide outdoor recreation plan when the plan is not otherwise avail-
able 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 out-
door recreation resource as a prerequisite to approval, except that a re-
vised comprehensive statewide outdoor recreation plan shall not be re-
quired 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 wetlands 
priority plan developed in consultation with the State agency with re-
sponsibility 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 provi-
sions 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 
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projects described in paragraphs (2) and (3), or combinations of those 
projects, if the projects are in accordance with the State comprehensive 
plan. 
(2) ACQUISITION OF LAND OR WATER.— 
(A) IN GENERAL.—Under paragraph (1), the Secretary may pro-
vide financial assistance for a project for the acquisition of land, 
water, or an interest in land or water, or a wetland area or an in-
terest in a wetland area, as identified in the wetlands provisions 
of the comprehensive plan (other than land, water, or an interest 
in land or water acquired from the United States for less than fair 
market value), but not including incidental costs relating to acquisi-
tion. 
(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 residence 
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 Assistance 
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 normally used for an 
outdoor recreation activity, but the Secretary may permit local funding, 
not to exceed 10 percent of the total amount allocated to a State in any 
one year, to be used for construction of a sheltered facility for a swim-
ming pool or ice skating rink in an area where the Secretary determines 
that the construction is justified by the severity 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-
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cial assistance has been given or promised under any other Federal pro-
gram 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 keep-
ing with the rate of progress toward the satisfactory completion of a 
project. The approval of all projects and all payments, or any commit-
ments relating thereto, shall be withheld until the Secretary receives ap-
propriate 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 recre-
ation use. 
(2) PAYMENT RECIPIENTS.—Payments for all projects shall be made 
by the Secretary to the chief executive official of the State or to a State 
official or agency designated by the chief executive official 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 political 
subdivision or other appropriate public agency. 
(3) CONVERSION
TO
OTHER
THAN
PUBLIC
OUTDOOR
RECREATION 
USE.—No property acquired or developed with assistance under this sec-
tion shall, without the approval of the Secretary, be converted to other 
than public outdoor recreation use. The Secretary shall approve a conver-
sion only if the Secretary finds it to be in accordance with the then-exist-
ing comprehensive 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 inter-
ests therein as identified in the wetlands provisions of the comprehensive 
plan and proposed to be acquired as suitable replacement property with-
in the same State that is otherwise acceptable to the Secretary, acting 
through the Director, shall be deemed to be of reasonably equivalent use-
fulness with the property proposed for conversion. 
(4) REPORTS AND ACCOUNTING PROCEDURES.—No payment shall be 
made to any State until the State has agreed to— 
(A) 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 
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