‘‘(A) All actions required under Federal 
law with respect to the acquisition have been 
complied with. 
‘‘(B) A copy of each final environmental 
impact statement or environmental assessment 
required by law, and a summary of all public 
comments regarding the acquisition that have 
been received by the agency making the acquisi-
tion, are submitted to the Committee on Re-
sources of the House of Representatives, the 
Committee on Energy and Natural Resources of 
the Senate, and the Committees on Appropria-
tions of the House of Representatives and of 
the Senate. 
‘‘(C) A notice of the availability of such 
statement or assessment and of such summary 
is provided to— 
‘‘(i) each Member of and each Dele-
gate and Resident Commissioner to the 
Congress elected to represent the area in 
which the land is located; 
‘‘(ii) the Governor of the State in 
which the land is located; and 
‘‘(iii) each State political subdivision 
having jurisdiction over the land.
‘‘(2) LIMITATION ON APPLICATION.—Paragraph 
(1) shall not apply to any acquisition that is specifi-
cally authorized by a Federal law.’’. 
SEC. 613. WATER RIGHTS. 
Title I of the Land and Water Conservation Fund 
Act of 1965 is amended by adding at the end the fol-
lowing: 
‘‘WATER RIGHTS 
‘‘SEC. 14. Nothing in this title— 
‘‘(1) invalidates or preempts State or Federal 
water law or an interstate compact governing water; 
‘‘(2) alters the rights of any State to any ap-
propriated share of the waters of any body of sur-
face or ground water, whether determined by past or 
future interstate compacts or by past or future legis-
lative or final judicial allocations; 
‘‘(3) preempts or modifies any Federal or State 
law, or interstate compact, dealing with water qual-
ity or disposal; or 
‘‘(4) confers on any non-Federal entity the abil-
ity to exercise any Federal right to the waters of any 
stream or to any ground water resource.’’. 
Subtitle C—Local Government 
Involvement 
SEC. 621. STATE PLANNING. 
(a) STATE ACTION AGENDA REQUIRED.—
(1) IN GENERAL.—Section 6(d) of the Land 
and Water Conservation Fund Act of 1965 (16 
U.S.C. 460l–8(d)) is amended to read as follows: 
‘‘(d) STATE ACTION AGENDA REQUIRED.—(1) Each 
State may define its own priorities and criteria for selec-
tion of outdoor conservation and recreation acquisition 
and development projects eligible for grants under this 
Act, so long as the priorities and criteria defined by the 
State are consistent with the purposes of this Act, the 
State provides for public involvement in this process, and 
the State publishes an accurate and current State Action 
Agenda for Community Conservation and Recreation (in 
this Act referred to as the ‘State Action Agenda’) indi-
cating the needs it has identified and the priorities and 
criteria it has established. In order to assess its needs and 
establish its overall priorities, each State, in partnership 
with its local governments and Federal agencies, and in 
consultation with its citizens, shall develop, within 5 years 
after the date of the enactment of the Get Outdoors Act 
of 2004, a State Action Agenda that meets the following 
requirements: 
‘‘(A) The agenda must be strategic, originating 
in broad-based and long-term needs, but focused on 
actions that can be funded over the next 5 years.
‘‘(B) The agenda must be updated at least once 
every 5 years and certified by the Governor that the 
agenda conclusions and proposed actions have been 
considered in an active public involvement process. 
‘‘(2) State Action Agendas shall take into account all 
providers of conservation and recreation lands within each 
State, including Federal, regional, and local government 
resources, and shall be correlated whenever possible with 
other State, regional, and local plans for parks, recreation, 
open space, and wetlands conservation. Recovery action 
programs developed by urban localities under section 1007 
of the Urban Park and Recreation Recovery Act of 1978 
shall be used by a State as a guide to the conclusions, 
priorities, and action schedules contained in a State Action 
Agenda. Each State shall assure that any requirements 
for local outdoor conservation and recreation planning, 
promulgated as conditions for grants, minimize redun-
dancy of local efforts by allowing, wherever possible, use 
of the findings, priorities, and implementation schedules 
of recovery action programs to meet such requirements.’’. 
(2) EXISTING STATE PLANS.—A comprehensive 
State Plan developed by any State under section 
6(d) of the Land and Water Conservation Fund Act 
of 1965 before the date that is 5 years after the 
date of the enactment of this Act shall remain in ef-
fect in that State until a State Action Agenda has 
been adopted pursuant to the amendment made by 
this subsection, but no later than 5 years after the 
date of the enactment of this Act. 
(b) MISCELLANEOUS.—Section 6(e) of the Land and 
Water Conservation Fund Act of 1965 (16 U.S.C. 460l– 
8(e)) is amended as follows: 
(1) In the matter preceding paragraph (1) by 
striking ‘‘State comprehensive plan’’ and inserting 
‘‘State Action Agenda’’. 
(2) In paragraph (1) by striking ‘‘comprehen-
sive plan’’ and inserting ‘‘State Action Agenda’’. 
SEC. 622. ASSISTANCE TO STATES FOR OTHER PROJECTS. 
Section 6(e) of the Land and Water Conservation 
Fund Act of 1965 (16 U.S.C. 460l–8(e)) is amended— 
(1) in subsection (e)(1) by striking ‘‘, but not 
including incidental costs relating to acquisition’’; 
and 
(2) in subsection (e)(2) by inserting before the 
period at the end the following: ‘‘or to enhance pub-
lic safety within a designated park or recreation 
area’’. 
SEC. 623. CONVERSION OF PROPERTY TO OTHER USE. 
Section 6(f)(3) of the Land and Water Conservation 
Fund Act of 1965 (16 U.S.C. 460l–8(f)(3)) is amended—
(1) by inserting ‘‘(A)’’ before ‘‘No property’’; 
and 
(2) by striking the second sentence and insert-
ing the following: 
‘‘(B) The Secretary shall approve such 
conversion only if the State demonstrates no 
prudent or feasible alternative exists with the 
exception of those properties that no longer 
meet the criteria within the State Plan or Agen-
da as an outdoor conservation and recreation 
facility due to changes in demographics or that 
must be abandoned because of environmental 
contamination which endangers public health 
and safety. Any conversion must satisfy such 
conditions as the Secretary deems necessary to 
assure the substitution of other conservation 
and recreation properties of at least equal fair 
market value and reasonably equivalent useful-
ness and location and which are consistent with 
the existing State Plan or Agenda; except that 
wetland areas and interests therein as identified 
in the wetlands provisions of the action agenda 
and proposed to be acquired as suitable replace-
ment property within that same State that is 
otherwise acceptable to the Secretary shall be
considered to be of reasonably equivalent use-
fulness with the property proposed for conver-
sion.’’. 
SEC. 624. REQUIREMENTS FOR ACQUISITION OF LANDS IN 
MONTANA WITH FEDERAL PORTION. 
Section 7 of the Land and Water Conservation Fund 
Act of 1965 (16 U.S.C. 460l–9) is further amended by 
adding at the end the following: 
‘‘(h) REQUIREMENTS FOR ACQUISITION OF LANDS IN 
MONTANA.—The Secretary of the Interior and the Sec-
retary of Agriculture shall jointly develop and issue a plan 
for acquisition and disposal of lands in the State of Mon-
tana that will result in consolidation of forest reserves cre-
ated from the public domain and private inholdings within 
those reserves. The plan shall be designed to ensure that— 
‘‘(1) acquisitions of lands with the Federal por-
tion consolidate Federal ownership of lands in Mon-
tana under the administrative jurisdiction of the De-
partment of the Interior and the Forest Service; and 
‘‘(2) any increase in the total acreage of lands 
in Montana under those administrative jurisdictions 
that results from acquisitions of lands with the Fed-
eral portion is de minimis.’’. 
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