To establish a permanent trust fund to get Americans outdoors by providing access to parks and recreation areas in urban and rural communities, preservation of historic places, and promotion of healthy and active lifestyles, and to provide for hunting, angling, and wildlife viewing for the people of the United States.

March 31, 2004

Mr. GEORGE MILLER of California (for himself and Mr. YOUNG of Alaska) introduced the following bill; which was referred to the Committee on Resources

To establish a permanent trust fund to get Americans outdoors by providing access to parks and recreation areas in urban and rural communities, preservation of historic places, and promotion of healthy and active lifestyles, and to provide for hunting, angling, and wildlife viewing for the people of the United States.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Get Outdoors Act of 2004'.

SEC. 2. TABLE OF CONTENTS.

The table of contents for this division is as follows:

Sec. 1. Short title.

Sec. 2. Table of contents.

Sec. 3. Definitions.

Sec. 4. Annual reports.

Sec. 5. Get Outdoors Act Fund.

Sec. 6. Limitation on use of available amounts for administration.

Sec. 7. Recordkeeping requirements.

Sec. 8. Maintenance of effort and matching funding.

Sec. 9. Sunset.

TITLE I--ASSISTING COASTAL COMMUNITIES AND RECOVERING FISHERIES

Sec. 101. Community assistance formula and payments.

Sec. 102. Coastal state conservation and impact assistance plans.

TITLE II--IMPROVING PUBLIC LANDS AND STRENGTHENING RURAL COMMUNITIES

Subtitle A--Improving Public Lands

Sec. 201. Amendment of Land and Water Conservation Fund Act of 1965.

Sec. 202. Extension of Fund; treatment of amounts transferred from Get Outdoors Act Fund.

Sec. 203. Availability of amounts.

Sec. 204. Allocation of fund.

Sec. 205. Allocation of amounts available for State purposes.

Subtitle B--Strengthening Rural Communities

Sec. 211. Purpose.

Sec. 212. Treatment of amounts transferred from Get Outdoors Act Fund.

Subtitle C--Federal and Indian Lands Enhancements

Sec. 221. Purpose.

Sec. 222. Treatment of amounts transferred from Get Outdoors Act Fund; allocation.

Sec. 223. Authorized uses of transferred amounts.

Sec. 224. Indian tribe defined.

TITLE III--CONSERVING AND RESTORING WILDLIFE

Sec. 301. Purpose.

Sec. 302. Technical correction.

Sec. 303. Treatment of amounts transferred from Get Outdoors Act Fund.

Sec. 304. Apportionment to Indian tribes.

Sec. 305. Existing appropriations not affected.

TITLE IV--INVOLVING COMMUNITIES AND SCIENTIFICALLY MANAGING IMPERILED WILDLIFE AND RARE PLANTS

Sec. 401. Purposes.

Sec. 402. Treatment of amounts transferred from Get Outdoors Act Fund.

Sec. 403. Imperiled wildlife and rare plant recovery.

Sec. 404. Imperiled Wildlife and Rare Plant Recovery Agreements.

Sec. 405. Definitions.

TITLE V--INCREASING PARK AND RECREATION ACCESS

Subtitle A--Urban Parks and Recreation

Sec. 501. Amendment of Urban Park and Recreation Recovery Act of 1978.

Sec. 502. Purpose.

Sec. 503. Treatment of amounts transferred from Get Outdoors Act Fund.

Sec. 504. Authority to develop new areas and facilities.

Sec. 505. Definitions.

Sec. 506. Eligibility.

Sec. 507. Grants.

Sec. 508. Recovery action programs.

Sec. 509. State action incentives.

Sec. 510. Conversion of recreation property.

Sec. 511. Repeal.

Subtitle B--Historic Preservation Fund

Sec. 521. Treatment of amounts transferred from Get Outdoors Act Fund.

Sec. 522. State use of historic preservation assistance for national heritage areas and corridors.

Sec. 523. Funding for maritime heritage programs.

TITLE VI--COLLABORATING WITH LOCAL COMMUNITIES AND PROTECTING PRIVATE PROPERTY OWNERS

Subtitle A--U.S. Treasury protections

Sec. 601. Signs.

Subtitle B--Private Property Rights Protections

Sec. 611. Protection of private property rights.

Sec. 612. Use of Federal portion (note--this is specific to title II subtitle A--Federal LWCF).

Sec. 613. Water rights.

Subtitle C--Local Government Involvement

Sec. 621. State planning.

Sec. 622. Assistance to States for other projects.

Sec. 623. Conversion of property to other use.

Sec. 624. Requirements for acquisition of lands in Montana with Federal portion.

SEC. 3. DEFINITIONS.

For purposes of this Act:

(1) The term `coastal population' means the population of all political subdivisions, as determined by the most recent official data of the Census Bureau, contained in whole or in part within the designated coastal boundary of a State as defined in a State's coastal zone management program under the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.).

(2) The term `coastal political subdivision' means a political subdivision of a coastal State all or part of which political subdivision is within the coastal zone (as defined in section 304 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1453)).

(3) The term `coastal State' has the same meaning as provided by section 304 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1453).

(4) The term `coastline' has the same meaning that it has in the Submerged Lands Act (43 U.S.C. 1301 et seq.).

(5) The term `distance' means minimum great circle distance, measured in statute miles.

(6) The term `fiscal year' means the Federal Government's accounting period which begins on October 1st and ends on September 30th, and is designated by the calendar year in which it ends.

(7) The term `Governor' means the highest elected official of a State or of any other political entity that is defined as, or treated as, a State under the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-4 et seq.), the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669 et seq.), the Urban Park and Recreation Recovery Act of 1978 (16 U.S.C. 2501 et seq.), or the National Historic Preservation Act (16 U.S.C. 470h et seq.).

(8) The term `Indian tribe'--

(A) except as provided in subparagraph (B), means any federally recognized Indian tribe; and

(B) in the case of Alaska, means only a Native corporation, as that term is defined in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602).

(9) The term `leased tract' means a tract, leased under section 6 or 8 of the Outer Continental Shelf Lands Act (43 U.S.C. 1335, 1337) for the purpose of drilling for, developing, and producing oil or natural gas resources, which is a unit consisting of either a block, a portion of a block, a combination of blocks or portions of blocks, or a combination of portions of blocks, as specified in the lease, and as depicted on an Outer Continental Shelf Official Protraction Diagram.

(10) The term `Outer Continental Shelf' means all submerged lands lying seaward and outside of the area of lands beneath navigable waters (as defined in section 2(a) of the Submerged Lands Act (43 U.S.C. 1301(a)), and of which the subsoil and seabed appertain to the United States and are subject to its jurisdiction and control.

(11) The term `political subdivision' means the local political jurisdiction immediately below the level of State government, including counties, parishes, and boroughs. If State law recognizes an entity of general government that functions in lieu of, and is not within, a county, parish, or borough, the Secretary may recognize an area under the jurisdiction of such other entities of general government as a political subdivision for purposes of this Act.

(12) The term `producing State' means a State with a coastal seaward boundary within 200 miles from the geographic center of a leased tract other than a leased tract or portion of a leased tract that is located in a geographic area subject to a leasing moratorium on January 1, 2001 (unless the lease was issued prior to the establishment of the moratorium and was in production on January 1, 2001).

(13) The term `qualified Outer Continental Shelf revenues' means (except as otherwise provided in this paragraph) all moneys received by the United States from each leased tract or portion of a leased tract lying seaward of the zone defined and governed by section 8(g) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(g)), or lying within such zone but to which section 8(g) does not apply, the geographic center of which lies within a distance of 200 miles from any part of the coastline of any coastal State, including bonus bids, rents, royalties (including payments for royalty taken in kind and sold), net profit share payments, and related late-payment interest from natural gas and oil leases issued pursuant to the Outer Continental Shelf Lands Act. Such term does not include any revenues from a leased tract or portion of a leased tract that is located in a geographic area subject to a leasing moratorium on January 1, 2001, unless the lease was issued prior to the establishment of the moratorium and was in production on January 1, 2001.

(14) The term `Secretary' means the Secretary of the Interior or the Secretary's designee, except as otherwise specifically provided.

(15) The term `Fund' means the Get Outdoors Act Fund established under section 5.

SEC. 4. ANNUAL REPORTS.

(a) State Reports- On June 15 of each year, each Governor receiving moneys from the Fund shall account for all moneys so received for the previous fiscal year in a written report to the Secretary of the Interior. The report shall include, in accordance with regulations prescribed by the Secretary, a description of all projects and activities receiving funds under this Act. In order to avoid duplication, such report may incorporate by reference any other reports required to be submitted under other provisions of law to the Secretary by the Governor regarding any portion of such moneys.

(b) Report to Congress- On January 1 of each year the Secretary of the Interior shall submit an annual report to the Congress documenting all moneys expended by the Secretary of the Interior from the Fund during the previous fiscal year and summarizing the contents of the Governors' reports submitted to the Secretary under subsection (a).

SEC. 5. GET OUTDOORS ACT FUND.

(a) Establishment of Fund- There is established in the Treasury of the United States a fund which shall be known as the `Get Outdoors Act Fund'. In each fiscal year after the fiscal year 2004, the Secretary of the Treasury shall deposit into the Fund the following amounts:

(1) OCS revenues- An amount in each such fiscal year from qualified Outer Continental Shelf revenues equal to the difference between $3,125,000,000 and the amounts deposited in the Fund under paragraphs (2) and (3), notwithstanding section 9 of the Outer Continental Shelf Lands Act (43 U.S.C. 1338).

(2) Amounts not disbursed- All allocated but undisbursed amounts returned to the Fund under section 101(a)(2).

(3) Interest- All interest earned under subsection (d).

(b) Transfer for Expenditure- In each fiscal year after the fiscal year 2005, the Secretary of the Treasury shall transfer amounts deposited into the Fund as follows:

(1) $1,000,000,000 to the Secretary of the Interior for purposes of making payments to coastal States under title I of this Act.

(2) To the Land and Water Conservation Fund for expenditure as provided in section 3(a) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-6(a)), as amended by subtitle A of title II of this Act, such amounts as are necessary to make the income of the fund $900,000,000 in each such fiscal year.

(3) $350,000,000 to the Federal aid to wildlife restoration fund established under section 3 of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669b), as amended by title III of this Act.

(4) $125,000,000 to the Secretary of the Interior to carry out the Urban Park and Recreation Recovery Act of 1978 (16 U.S.C. 2501 et seq.), as amended by subtitle A of title V of this Act.

(5) $160,000,000 to the Secretary of the Interior for historic preservation purposes, of which--

(A) $150,000,000 shall be used to carry out the National Historic Preservation Act (16 U.S.C. 470 et seq.), as amended by subtitle B of title V of this Act; and

(B) $10,000,000 shall be used to carry out the National Maritime Heritage Act of 1994 (16 U.S.C. 5401 et seq.), as amended by that subtitle.

(6) $200,000,000 to the Secretary of the Interior and the Secretary of Agriculture to carry out subtitle C of title II of this Act.

(7) $50,000,000 to the Secretary of the Interior to develop and implement Imperiled Wildlife and Rare Plant Recovery Agreements under title IV of this Act.

(8) $350,000,000 to the Secretary of the Interior to carry out subtitle B of title II of this Act.

(c) Shortfall- If amounts referred to in paragraphs (1) through (3) of subsection (a) in any fiscal year after the fiscal year 2004 are less than $3,125,000,000, the amounts transferred under paragraphs (1) through (8) of subsection (b) for that fiscal year shall each be reduced proportionately.

(d) Interest- The Secretary of the Treasury shall invest moneys in the Fund (including interest), and in any fund or account to which moneys are transferred pursuant to subsection (b) of this section, in public debt securities with maturities suitable to the needs of the Fund, as determined by the Secretary of the Treasury, and bearing interest at rates determined by the Secretary of the Treasury, taking into consideration current market yields on outstanding marketable obligations of the United States of comparable maturity. Such invested moneys shall remain invested until needed to meet requirements for disbursement for the programs financed under this Act.

(e) Refunds- In those instances where through judicial decision, administrative review, arbitration, or other means there are royalty refunds owed to entities generating revenues under this title, refunds shall be paid by the Secretary of the Treasury from amounts available in the Fund to the extent that such refunds are attributable to qualified Outer Continental Shelf revenues deposited in the Fund under this Act.

(f) Intent of Congress to Supplement Annual Appropriations for National Park Service- Amounts made available by this Act are intended by the Congress to supplement, and not detract from, annual appropriations for the National Park Service.

SEC. 6. LIMITATION ON USE OF AVAILABLE AMOUNTS FOR ADMINISTRATION.

Notwithstanding any other provision of law, of amounts made available by this Act (including the amendments made by this Act) for a particular activity, not more than 2 percent may be used for administrative expenses of that activity. Nothing in this section shall affect section 4(c)(3) of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669c(c)(3)).

SEC. 7. RECORDKEEPING REQUIREMENTS.

The Secretary of the Interior in consultation with the Secretary of Agriculture shall establish such rules regarding recordkeeping by State and local governments and the auditing of expenditures made by State and local governments from funds made available under this Act as may be necessary. Such rules shall be in addition to other requirements established regarding recordkeeping and the auditing of such expenditures under other authority of law.

SEC. 8. MAINTENANCE OF EFFORT AND MATCHING FUNDING.

(a) In General- It is the intent of the Congress in this Act that States not use this Act as an opportunity to reduce State or local resources for the programs funded by this Act. Except as provided in subsection (b), no State or local government shall receive any funds under this Act during any fiscal year when its expenditures of non-Federal funds for recurrent expenditures for programs for which funding is provided under this Act will be less than its expenditures were for such programs during the preceding fiscal year. No State or local government shall receive funding under this Act with respect to a program unless the Secretary is satisfied that such a grant will be so used to supplement and, to the extent practicable, increase the level of State, local, or other non-Federal funds available for such program.

(b) Exception- The Secretary may provide funding under this Act to a State or local government not meeting the requirements of subsection (a) if the Secretary determines that a reduction in expenditures--

(1) is attributable to a nonselective reduction in expenditures for the programs of all executive branch agencies of the State or local government; or

(2) is a result of reductions in State or local revenue as a result of a downturn in the economy.

(c) Use of Fund to Meet Matching Requirements- All funds received by a State or local government under this Act shall be treated as Federal funds for purposes of compliance with any provision in effect under any other law requiring that non-Federal funds be used to provide a portion of the funding for any program or project.

SEC. 9. SUNSET.

This Act, including the amendments made by this Act, shall have no force or effect after September 30, 2024.

TITLE I--ASSISTING COASTAL COMMUNITIES AND RECOVERING FISHERIES

SEC. 101. COMMUNITY ASSISTANCE FORMULA AND PAYMENTS.

(a) Impact Assistance Payments to States-

(1) Grant program- Amounts transferred to the Secretary of the Interior from the Get Outdoors Act Fund under section 5(b)(1) of this Act for purposes of making payments to coastal States under this title in any fiscal year shall be allocated by the Secretary of the Interior among coastal States as provided in this section in each such fiscal year. In each such fiscal year, the Secretary of the Interior shall, without further appropriation, disburse such allocated funds to those coastal States for which the Secretary has approved a Coastal State Conservation and Impact Assistance Plan as required by this title. Payments for all projects shall be made by the Secretary to the Governor of the State or to the State official or agency designated by the Governor or by State law as having authority and responsibility to accept and to administer funds paid hereunder. No payment shall be made to any State until the State has agreed to provide such reports to the Secretary, in such form and containing such information, as may be reasonably necessary to enable the Secretary to perform his duties under this title, and provide such fiscal control and fund accounting procedures as may be necessary to assure proper disbursement and accounting for Federal revenues paid to the State under this title.

(2) Failure to have plan approved- At the end of each fiscal year, the Secretary shall return to the Get Outdoors Act Fund any amount that the Secretary allocated, but did not disburse, in that fiscal year to a coastal State that does not have an approved plan under this title before the end of the fiscal year in which such grant is allocated, except that the Secretary shall hold in escrow until the final resolution of the appeal any amount allocated, but not disbursed, to a coastal State that has appealed the disapproval of a plan submitted under this title.

(b) Allocation Among Coastal States-

(1) Allocable share for each state- For each coastal State, the Secretary shall determine the State's allocable share of the total amount of the revenues transferred from the Fund under section 5(b)(1) for each fiscal year using the following weighted formula:

(A) Fifty percent of such revenues shall be allocated among the coastal States as provided in paragraph (2).

(B) Twenty-five percent of such revenues shall be allocated to each coastal State based on the ratio of each State's shoreline miles to the shoreline miles of all coastal States.

(C) Twenty-five percent of such revenues shall be allocated to each coastal State based on the ratio of each State's coastal population to the coastal population of all coastal States.

(2) Offshore outer continental shelf share- If any portion of a producing State lies within a distance of 200 miles from the geographic center of any leased tract with qualified Outer Continental Shelf revenues, the Secretary of the Interior shall determine such State's allocable share under paragraph (1)(A) based on the formula set forth in this paragraph. Such State share shall be calculated as of the date of the enactment of this Act. Each such State's allocable share of the revenues disbursed under paragraph (1)(A) shall be based on qualified Outer Continental Shelf revenues from each leased tract or portion of a leased tract the geographic center of which is within a distance (to the nearest whole mile) of 200 miles from the coastline of the State and shall be inversely proportional to the distance between the nearest point on the coastline of such State and the geographic center of each such leased tract or portion, as determined by the Secretary. In applying this paragraph a leased tract or portion of a leased tract shall be excluded if the tract or portion is located in a geographic area subject to a leasing moratorium on January 1, 2001, unless the lease was issued prior to the establishment of the moratorium and was in production on January 1, 2001.

(3) Minimum state share-

(A) In general- The allocable share of revenues determined by the Secretary under this subsection for each coastal State with a management program approved by the Secretary of Commerce under the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.), or which is making satisfactory progress toward one, shall not be less in any fiscal year than 0.50 percent of the total amount of the revenues transferred by the Secretary of the Treasury to the Secretary of the Interior for purposes of this title for that fiscal year under subsection (a). For any other coastal State the allocable share of such revenues shall not be less than 0.25 percent of such revenues.

(B) Recomputation- Where one or more coastal States' allocable shares, as computed under paragraphs (1) and (2), are increased by any amount under this paragraph, the allocable share for all other coastal States shall be recomputed and reduced by the same amount so that not more than 100 percent of the amount transferred by the Secretary of the Treasury to the Secretary of the Interior for purposes of this title for that fiscal year under section 5(b)(1) is allocated to all coastal States. The reduction shall be divided pro rata among such other coastal States.

(c) Payments to Political Subdivisions- In the case of a producing State, the Governor of the State shall pay 50 percent of the State's allocable share, as determined under subsection (b), to the coastal political subdivisions in such State. Such payments shall be allocated among such coastal political subdivisions of the State according to an allocation formula analogous to the allocation formula used in subsection (b) to allocate revenues among the coastal States, except that a coastal political subdivision in the State of California that has a coastal shoreline, that is not within 200 miles of the geographic center of a leased tract or portion of a leased tract, and in which there is located one or more oil refineries shall be eligible for that portion of the allocation described in subsection (b)(1)(A) and (b)(2) in the same manner as if that political subdivision were located within a distance of 50 miles from the geographic center of the closest leased tract with qualified Outer Continental Shelf revenues.

(d) Time of Payment- Payments to coastal States and coastal political subdivisions under this section shall be made not later than December 31 of each year from revenues received during the immediately preceding fiscal year.

SEC. 102. COASTAL STATE CONSERVATION AND IMPACT ASSISTANCE PLANS.

(a) Development and Submission of State Plans- Each coastal State seeking to receive grants under this title shall prepare, and submit to the Secretary, a Statewide Coastal State Conservation and Impact Assistance Plan. In the case of a producing State, the Governor shall incorporate the plans of the coastal political subdivisions into the Statewide plan for transmittal to the Secretary. The Governor shall solicit local input and shall provide for public participation in the development of the Statewide plan. The plan shall be submitted to the Secretary by April 1 of the calendar year after the calendar year in which this Act is enacted.

(b) Approval or Disapproval-

(1) In general- Approval of a Statewide plan under subsection (a) is required prior to disbursement of funds under this title by the Secretary. The Secretary shall approve the Statewide plan if the Secretary determines, in consultation with the Secretary of Commerce, that the plan is consistent with the uses set forth in subsection (c) and if the plan contains each of the following:

(A) The name of the State agency that will have the authority to represent and act for the State in dealing with the Secretary for purposes of this title.

(B) A program for the implementation of the plan which shall include (i) a description of how the plan will address environmental concerns, (ii) for producing States, a description of how funds will be used to address the impacts of oil and gas production from the Outer Continental Shelf, and (iii) a description of how the State will evaluate the effectiveness of the plan.

(C) Certification by the Governor that ample opportunity has been accorded for public participation in the development and revision of the plan.

(D) Measures for taking into account other relevant Federal resources and programs. The plan shall be correlated so far as practicable with other State, regional, and local plans.

(2) Procedure and timing; revisions- The Secretary shall approve or disapprove each plan submitted in accordance with this section. If a State first submits a plan by not later than 90 days before the beginning of the first fiscal year to which the plan applies, the Secretary shall approve or disapprove the plan by not later than 30 days before the beginning of that fiscal year.

(3) Amendment or revision- Any amendment to or revision of the plan shall be prepared in accordance with the requirements of this subsection and shall be submitted to the Secretary for approval or disapproval. Any such amendment or revision shall take effect only for fiscal years after the fiscal year in which the amendment or revision is approved by the Secretary.

(c) Authorized Uses of State Grant Funding- The funds provided under this title to a coastal State and for coastal political subdivisions are authorized to be used in compliance with Federal and State law only for one or more of the following purposes:

(1) Data collection, including but not limited to fishery or marine mammal stock surveys in State waters or both, cooperative State, interstate, and Federal fishery or marine mammal stock surveys or both, cooperative initiatives with university and private entities for fishery and marine mammal surveys, activities related to marine mammal and fishery interactions, and other coastal living marine resources surveys.

(2) The conservation, restoration, enhancement, or creation of coastal habitats.

(3) Cooperative Federal or State enforcement of marine resources management statutes.

(4) Fishery observer coverage programs in State or Federal waters.

(5) Invasive, exotic, and nonindigenous species identification and control.

(6) Coordination and preparation of cooperative fishery conservation and management plans between States, including the development and implementation of population surveys, assessments and monitoring plans, and the preparation and implementation of State fishery management plans developed by interstate marine fishery commissions.

(7) Preparation and implementation of State fishery or marine mammal management plans that comply with bilateral or multilateral international fishery or marine mammal conservation and management agreements or both.

(8) Coastal and ocean observations necessary to develop and implement real time tide and current measurement systems.

(9) Implementation of federally approved marine, coastal, or comprehensive conservation and management plans.

(10) Mitigating marine and coastal impacts of Outer Continental Shelf activities, including impacts on onshore infrastructure.

(11) Projects that promote research, education, training, and advisory services in fields related to ocean, coastal, and Great Lakes resources.

(d) Compliance With Authorized Uses- Based on the annual reports submitted under section 4 and on audits conducted by the Secretary under section 7, the Secretary shall review the expenditures made by each State and coastal political subdivision from funds made available under this title. If the Secretary determines that any expenditure made by a State or coastal political subdivision of a State from such funds is not consistent with the authorized uses set forth in subsection (c), the Secretary shall not make any further grants under this title to that State until the funds used for such expenditure have been repaid to the Get Outdoors Act Fund.

TITLE II--IMPROVING PUBLIC LANDS AND STRENGTHENING RURAL COMMUNITIES

Subtitle A--Improving Public Lands

SEC. 201. AMENDMENT OF LAND AND WATER CONSERVATION FUND ACT OF 1965.

Except as otherwise expressly provided, whenever in this title an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-4 et seq.).

SEC. 202. EXTENSION OF FUND; TREATMENT OF AMOUNTS TRANSFERRED FROM GET OUTDOORS ACT FUND.

Section 2(c) is amended to read as follows:

`(c) Amounts Transferred From Get Outdoors Act Fund- In addition to the sum of the revenues and collections estimated by the Secretary of the Interior to be covered into the fund pursuant to subsections (a) and (b) of this section, there shall be covered into the fund all amounts transferred to the fund under section 5(b)(2) of the Get Outdoors Act.'.

SEC. 203. AVAILABILITY OF AMOUNTS.

Section 3 (16 U.S.C. 460l-6) is amended to read as follows:

`APPROPRIATIONS

`SEC. 3. (a) In General- There are authorized to be appropriated to the Secretary from the fund to carry out this Act not more than $900,000,000 in any fiscal year after the fiscal year 2005. Amounts transferred to the fund from the Get Outdoors Act Fund and amounts covered into the fund under subsections (a) and (b) of section 2 shall be available to the Secretary in fiscal years after the fiscal year 2005 without further appropriation to carry out this Act.

`(b) Obligation and Expenditure of Available Amounts- Amounts available for obligation or expenditure from the fund or from the special account established under section 4(i)(1) may be obligated or expended only as provided in this Act.'.

SEC. 204. ALLOCATION OF FUND.

Section 5 (16 U.S.C. 460l-7) is amended to read as follows:

`ALLOCATION OF FUNDS

`SEC. 5. Of the amounts made available for each fiscal year to carry out this Act--

`(1) 50 percent shall be available for Federal purposes (in this Act referred to as the `Federal portion'); and

`(2) 50 percent shall be available for grants to States.'.

SEC. 205. ALLOCATION OF AMOUNTS AVAILABLE FOR STATE PURPOSES.

(a) In General- Section 6(b) (16 U.S.C. 460l-8(b)) is amended to read as follows:

`(b) Distribution Among the States- (1) Sums in the fund available each fiscal year for State purposes shall be apportioned among the several States by the Secretary, in accordance with this subsection. The determination of the apportionment by the Secretary shall be final.

`(2) Subject to paragraph (3), of sums in the fund available each fiscal year for State purposes--

`(A) 30 percent shall be apportioned equally among the several States; and

`(B) 70 percent shall be apportioned so that the ratio that the amount apportioned to each State under this subparagraph bears to the total amount apportioned under this subparagraph for the fiscal year is equal to the ratio that the population of the State bears to the total population of all States.

No amount may be apportioned under this paragraph to any State (in this subsection referred to as an `unfunded State') that has not established a dedicated State land acquisition fund that is funded through the State's budget process. The amount that would have been apportioned to any such unfunded State under this paragraph shall be reapportioned to other States in accordance with subparagraphs (A) and (B).

`(3) The total allocation to an individual State for a fiscal year under paragraph (2) shall not exceed 10 percent of the total amount allocated to the several States under paragraph (2) for that fiscal year.

`(4) The Secretary shall notify each State of its apportionment, and the amounts thereof shall be available thereafter to the State for planning, acquisition, or development projects as hereafter described. Any amount of any apportionment under this subsection that has not been paid or obligated by the Secretary during the fiscal year in which such notification is given and the two fiscal years thereafter shall be reapportioned by the Secretary in accordance with paragraph (2), but without regard to the 10 percent limitation to an individual State specified in paragraph (3).

`(5)(A) For the purposes of paragraph (2)(A)--

`(i) the District of Columbia shall be treated as a State; and

`(ii) Puerto Rico, the Virgin Islands, Guam, and American Samoa--

`(I) shall be treated collectively as one State; and

`(II) shall each be allocated an equal share of any amount distributed to them pursuant to clause (i).

`(B) Each of the areas referred to in subparagraph (A) shall be treated as a State for all other purposes of this Act.'.

(b) Tribes and Alaska Native Corporations- Section 6(b)(5) (16 U.S.C. 460l-8(b)(5)) is further amended by adding at the end the following new subparagraph:

`(C) For the purposes of paragraph (1), all federally recognized Indian tribes, or in the case of Alaska, Native Corporations (as defined in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602)), shall be eligible to receive shares of the apportionment under paragraph (1) in accordance with a competitive grant program established by the Secretary by rule. The total apportionment available to such tribes, or in the case of Alaska, Native Corporations, shall be equivalent to the amount available to a single State. No single tribe, nor in the case of Alaska, Native Corporation, shall receive a grant that constitutes more than 10 percent of the total amount made available to all tribes and Alaska, Native Corporations, pursuant to the apportionment under paragraph (1). Funds received by a tribe, or in the case of Alaska, Native Corporation, under this subparagraph may be expended only for the purposes specified in paragraphs (1) and (3) of subsection (a).'.

(c) Local Allocation- Section 6(b) (16 U.S.C. 460l-8(b)) is amended by adding at the end the following:

`(6) Absent some compelling and annually documented reason to the contrary acceptable to the Secretary of the Interior, each State (other than an area treated as a State under paragraph (5)) shall make available as grants to local governments, at least 50 percent of the annual State apportionment, or an equivalent amount made available from other sources.'.

(d) State Projects of Regional or National Significance- Section 6(b) (16 U.S.C. 460l-8(b)) is amended by adding the following at the end:

`(7)(A) Any amounts available in addition to those amounts made available under section 5 of the Get Outdoors Act in a fiscal year shall be available without further appropriation to the Secretary of the Interior to be distributed among the several States under a competitive grant program for State projects as authorized under section 6(e)(1) of national or regional significance involving one or more States.

`(B) The Secretary shall award grants only to projects that would conserve open space and either conserve wildlife habitat, protect water quality, or otherwise enhance the environment, or that would protect areas that have historic or cultural value. The Secretary shall give preference to projects that would be most likely to have the greatest benefit to the environment regionally or nationally and would maintain or enhance recreational opportunities.'.

Subtitle B--Strengthening Rural Communities

SEC. 211. PURPOSE.

The purpose of this subtitle is to ensure adequate funding for--

(1) payments for entitlement land under chapter 69 of title 31, United States Code (relating to payments in lieu of taxes); and

(2) payments under section 401 of the Act of June 15, 1935 (49 Stat. 383; 16 U.S.C. 715s) (relating to refuge revenue sharing).

SEC. 212. TREATMENT OF AMOUNTS TRANSFERRED FROM GET OUTDOORS ACT FUND.

(a) In General- Amounts transferred to the Secretary of the Interior under section 5(b)(8) of the Get Outdoors Act in a fiscal year shall be available to the Secretary without further appropriation for payments in accordance with this section.

(b) Allocation- Of the amounts referred to in subsection (a)--

(1) $320,000,000 shall be used each fiscal year only for payments under chapter 69 of title 31, United States Code (relating to payments in lieu of taxes); and

(2) $30,000,000 shall be used each fiscal year only for payments under section 401 of the Act of June 15, 1935 (49 Stat. 383; 16 U.S.C. 715s) (relating to refuge revenue sharing).

(c) Shortfall- If amounts transferred under paragraphs (1) through (8) of section 5(b) for a fiscal year have been reduced under section 5(c), the amounts set forth in subsection (b) of this section shall each be reduced proportionately.

Subtitle C--Federal and Indian Lands Enhancements

SEC. 221. PURPOSE.

The purpose of this subtitle is to provide a dedicated source of funding for a coordinated program on Federal and Indian lands to restore degraded lands, protect resources that are threatened with degradation, and protect public health and safety.

SEC. 222. TREATMENT OF AMOUNTS TRANSFERRED FROM GET OUTDOORS ACT FUND; ALLOCATION.

(a) In General- Amounts transferred to the Secretary of the Interior and the Secretary of Agriculture under section 5(b)(6) of this Act in a fiscal year shall be available without further appropriation to carry out this subtitle.

(b) Allocation- Amounts referred to in subsection (a) shall be allocated and available as follows:

(1) Department of the interior- Seventy percent shall be allocated and available to the Secretary of the Interior to carry out the purpose of this subtitle on lands within the National Park System, lands within the National Wildlife Refuge System, and public lands administered by the Bureau of Land Management. A priority shall be given to address National Park Service needs.

(2) Department of agriculture- Twenty percent shall be allocated and available to the Secretary of Agriculture to carry out the purpose of this subtitle on lands within the National Forest System.

(3) Indian tribes- Ten percent shall be allocated and available to the Secretary of the Interior for competitive grants to qualified Indian tribes under section 223(b).

SEC. 223. AUTHORIZED USES OF TRANSFERRED AMOUNTS.

(a) In General- Funds made available to carry out this subtitle shall be used solely for restoration of degraded lands, resource protection, maintenance activities related to resource protection, or protection of public health or safety.

(b) Competitive Grants to Indian Tribes-

(1) Grant authority- The Secretary of the Interior shall administer a competitive grant program for Indian tribes, giving priority to projects based upon the protection of significant resources, the severity of damages or threats to resources, and the protection of public health or safety.

(2) Limitation- The amount received for a fiscal year by a single Indian tribe in the form of grants under this subsection may not exceed 10 percent of the total amount available for that fiscal year for grants under this subsection.

(c) Priority List- The Secretary of the Interior and the Secretary of Agriculture shall each establish priority lists for the use of funds available under this subtitle. Each list shall give priority to projects based upon the protection of significant resources, the severity of damages or threats to resources, and the protection of public health or safety.

(d) Compliance With Applicable Plans- Any project carried out on Federal lands with amounts provided under this subtitle shall be carried out in accordance with all management plans that apply under Federal law to the lands.

(e) Tracking Results- Not later than the end of the first full fiscal year for which funds are available under this subtitle, the Secretary of the Interior and the Secretary of Agriculture shall jointly establish a coordinated program for--

(1) tracking the progress of activities carried out with amounts made available by this subtitle; and

(2) determining the extent to which demonstrable results are being achieved by those activities.

SEC. 224. INDIAN TRIBE DEFINED.

In this subtitle, the term `Indian tribe'--

(1) except as provided in paragraph (2), means any federally recognized Indian tribe; and

(2) in the case of Alaska, means only a Native corporation, as that term is defined in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602).

TITLE III--CONSERVING AND RESTORING WILDLIFE

SEC. 301. PURPOSE.

The purpose of this title is to ensure adequate funding of the Wildlife Conservation and Restoration Planning program established under the amendments to the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669 et seq.) enacted by H.R. 5548 as introduced in the 106th Congress and enacted, by reference, by Public Law 106-553, and to promote greater hunting, angling, and wildlife viewing opportunities.

SEC. 302. TECHNICAL CORRECTION.

(a) Correction of Subsection Designation- Section 4 of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669c) is amended by redesignating the first subsection (c) (relating to revenues from pistols, revolvers, bows, and arrows) as subsection (e) and moving such subsection so as to appear after subsection (d) of that section.

(b) Conforming Amendments- Such Act is further amended--

(1) in section 4(b) (16 U.S.C. 669c(b)) by striking `subsection (c)' and inserting `subsection (e)';

(2) in section 8(b) (16 U.S.C. 669g(b)) by striking `section 4(c)' and inserting `section 4(e)'; and

(3) in section 10 (16 U.S.C. 669h-1) by striking `section 4(c)' each place it appears and inserting `section 4(e)'.

SEC. 303. TREATMENT OF AMOUNTS TRANSFERRED FROM GET OUTDOORS ACT FUND.

Section 3(a)(2) of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669b(a)(2)) is amended to read as follows:

`(2) There is established in the Federal aid to wildlife restoration fund a subaccount to be known as the `wildlife conservation and restoration account'. Amounts transferred to the fund for a fiscal year under section 5(b)(3) of the Get Outdoors Act shall be deposited in the subaccount and shall be available without further appropriation, in each fiscal year, for apportionment in accordance with this Act to carry out State wildlife conservation and restoration programs.'.

SEC. 304. APPORTIONMENT TO INDIAN TRIBES.

(a) In General- Section 4(c)(1) of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669c(c)(1)) is amended--

(1) in the matter preceding subparagraph (A) by striking `from' and inserting `from amounts available each fiscal year from'; and

(2) by adding at the end the following:

`(C) To Indian tribes, a sum equal to not more than 2 1/4 percent thereof, of which--

`(i) 1/3 shall be allocated based on the ratio to which the trust land area of each Indian tribe bears to the total trust land area of all Indian tribes; and

`(ii) 2/3 shall be allocated based on the ratio to which the population of each Indian tribe bears to the total population of all Indian tribes;

except that no Indian tribe shall receive more than 5 percent of the total amount made available in a fiscal year to Indian tribes under this subsection.'.

(b) Treatment of Apportionments to Indian Tribes- Section 4 of such Act (16 U.S.C. 669c) is amended by adding at the end the following:

`(e) Treatment of Apportionments to Indian Tribes- For purposes of the treatment under this Act of amounts apportioned to Indian tribes under subsection (c)(1)(C), the term `State' includes an Indian tribe.'.

(c) Indian Tribe Defined- Section 2 of such Act (16 U.S.C. 669a) is amended--

(1) by redesignating paragraphs (2) through (8) in order as paragraphs (3) through (9); and

(2) by inserting after paragraph (1) the following:

`(2) The term `Indian tribe'--

`(A) except as provided in subparagraph (B), means any federally recognized Indian tribe; and

`(B) in the case of Alaska, means only a Native corporation, as that term is defined in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602);'.

(d) Conforming Amendments- Such Act is amended--

(1) in section 3(c)(2) (16 U.S.C. 669b(c)(2)) by striking `or an Indian tribe'; and

(2) in section 4(d)(5) (16 U.S.C. 669c(d)(5))--

(A) by striking `and the Commonwealth' and inserting `the Commonwealth'; and

(B) by inserting before the period the following: `, and, except for purposes of subsection (c)(2), each Indian tribe'.

SEC. 305. EXISTING APPROPRIATIONS NOT AFFECTED.

Nothing in this title shall apply to or otherwise affect the availability or use of amounts appropriated before the date of the enactment of this Act. Such amounts may be expended as if this Act and the amendments made by this Act were not enacted.

TITLE IV--INVOLVING COMMUNITIES AND SCIENTIFICALLY MANAGING IMPERILED WILDLIFE AND RARE PLANTS

SEC. 401. PURPOSES.

The purposes of this title are the following:

(1) To provide a dedicated source of funding to the United States Fish and Wildlife Service and the National Marine Fisheries Service for the purpose of implementing an incentives program to promote the recovery of endangered species and threatened species and the habitat upon which they depend.

(2) To promote greater involvement by non-Federal entities in the recovery of the Nation's endangered species and threatened species and the habitat upon which they depend.

SEC. 402. TREATMENT OF AMOUNTS TRANSFERRED FROM GET OUTDOORS ACT FUND.

Amounts transferred to the Secretary of the Interior under section 5(b)(7) of this Act in a fiscal year shall be available to the Secretary of the Interior without further appropriation to carry out this title.

SEC. 403. IMPERILED WILDLIFE AND RARE PLANT RECOVERY.

(a) Financial Assistance- The Secretary may use amounts made available under section 702 to provide financial assistance to any person for development and implementation of Imperiled Wildlife and Rare Plant Recovery Agreements entered into by the Secretary under section 404.

(b) Priority- In providing assistance under this section, the Secretary shall give priority to the development and implementation of species recovery agreements that--

(1) implement actions identified under recovery plans approved by the Secretary under section 4(f) of the Endangered Species Act of 1973 (16 U.S.C. 1533(f));

(2) have the greatest potential for contributing to the recovery of an endangered or threatened species; and

(3) to the extent practicable, require use of the assistance on land owned by a small landowner.

(c) Prohibition on Assistance for Required Activities- The Secretary may not provide financial assistance under this section for any action that is required by a permit issued under section 10(a)(1)(B) of the Endangered Species Act of 1973 (16 U.S.C. 1539(a)(1)(B)) or an incidental take statement issued under section 7 of that Act (16 U.S.C. 1536), or that is otherwise required under that Act or any other Federal law.

(d) Payments Under Other Programs-

(1) Other payments not affected- Financial assistance provided to a person under this section shall be in addition to, and shall not affect, the total amount of payments that the person is otherwise eligible to receive under the Conservation Reserve program established under subchapter B of chapter 1 of subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3831 et seq.), the Wetlands Reserve Program established under subchapter C of that chapter (16 U.S.C. 3837 et seq.), or the Wildlife Habitat Incentives Program established under section 387 of the Federal Agriculture Improvement and Reform Act of 1996 (16 U.S.C. 3836a).

(2) Limitation- A person may not receive financial assistance under this section to carry out activities under a species recovery agreement in addition to payments under the programs referred to in paragraph (1) made for the same activities, if the terms of the species recovery agreement do not require financial or management obligations by the person in addition to any such obligations of the person under such programs.

SEC. 404. IMPERILED WILDLIFE AND RARE PLANT RECOVERY AGREEMENTS.

(a) In General- The Secretary may enter into Imperiled Wildlife and Rare Plant Recovery Agreements for purposes of this title in accordance with this section.

(b) Required Terms- The Secretary shall include in each species recovery agreement provisions that--

(1) require the person--

(A) to carry out on real property owned or leased by the person activities not otherwise required by law that contribute to the recovery of an endangered or threatened species;

(B) to refrain from carrying out on real property owned or leased by the person otherwise lawful activities that would inhibit the recovery of an endangered or threatened species; or

(C) to do any combination of subparagraphs (A) and (B);

(2) describe the real property referred to in paragraph (1)(A) and (B) (as applicable);

(3) specify species recovery goals for the agreement, and measures for attaining such goals;

(4) require the person to make measurable progress each year in achieving those goals, including a schedule for implementation of the agreement;

(5) specify actions to be taken by the Secretary or the person (or both) to monitor the effectiveness of the agreement in attaining those recovery goals;

(6) require the person to notify the Secretary if--

(A) any right or obligation of the person under the agreement is assigned to any other person; or

(B) any term of the agreement is breached by the person or any other person to whom is assigned a right or obligation of the person under the agreement;

(7) specify the date on which the agreement takes effect and the period of time during which the agreement shall remain in effect;

(8) provide that the agreement shall not be in effect on and after any date on which the Secretary publishes a certification by the Secretary that the person has not complied with the agreement; and

(9) allocate financial assistance provided under this title for implementation of the agreement, on an annual or other basis during the period the agreement is in effect based on the schedule for implementation required under paragraph (4).

(c) Review and Approval of Proposed Agreements- Upon submission by any person of a proposed species recovery agreement under this section, the Secretary--

(1) shall review the proposed agreement and determine whether it complies with the requirements of this section and will contribute to the recovery of endangered or threatened species that are the subject of the proposed agreement;

(2) shall propose to the person any additional provisions necessary for the agreement to comply with this section; and

(3) if the Secretary determines that the agreement complies with the requirements of this section, shall approve and enter with the person into the agreement.

(d) Monitoring Implementation of Agreements- The Secretary shall--

(1) periodically monitor the implementation of each species recovery agreement entered into by the Secretary under this section; and

(2) based on the information obtained from that monitoring, annually or otherwise disburse financial assistance under this title to implement the agreement as the Secretary determines is appropriate under the terms of the agreement.

SEC. 405. DEFINITIONS.

In this title:

(1) Imperiled wildlife or rare plant species- The term `imperiled wildlife or rare plant species' means any species that is listed as an endangered species or threatened species under section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533).

(2) Secretary- The term `Secretary' means the Secretary of the Interior or the Secretary of Commerce, in accordance with section 3 of the Endangered Species Act of 1973 (16 U.S.C. 1532).

(3) Small landowner- The term `small landowner' means an individual who owns 50 acres or fewer of land.

(4) Species recovery agreement- The term `species recovery agreement' means an Imperiled Wildlife and Rare Plant Recovery Agreement entered into by the Secretary under section 404.

TITLE V--INCREASING PARK AND RECREATION ACCESS

Subtitle A--Urban Parks and Recreation

SEC. 501. AMENDMENT OF URBAN PARK AND RECREATION RECOVERY ACT OF 1978.

Except as otherwise expressly provided, whenever in this subtitle an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Urban Park and Recreation Recovery Act of 1978 (16 U.S.C. 2501 et seq.).

SEC. 502. PURPOSE.

The purpose of this subtitle is to provide a dedicated source of funding to assist local governments in improving their park and recreation systems.

SEC. 503. TREATMENT OF AMOUNTS TRANSFERRED FROM GET OUTDOORS ACT FUND.

Section 1013 (16 U.S.C. 2512) is amended to read as follows:

`TREATMENT OF AMOUNTS TRANSFERRED FROM GET OUTDOORS ACT FUND

`SEC. 1013. (a) In General- Amounts transferred to the Secretary of the Interior under section 5(b)(4) of the Get Outdoors Act in a fiscal year shall be available to the Secretary without further appropriation to carry out this title. Any amount that has not been paid or obligated by the Secretary before the end of the second fiscal year beginning after the first fiscal year in which the amount is available shall be reapportioned by the Secretary among grantees under this title.

`(b) Limitations on Annual Grants- Of the amounts available in a fiscal year under subsection (a)--

`(1) not more than 3 percent may be used for grants for the development of local park and recreation recovery action programs pursuant to sections 1007(a) and 1007(c);

`(2) not more than 10 percent may be used for innovation grants pursuant to section 1006; and

`(3) not more than 15 percent may be provided as grants (in the aggregate) for projects in any one State.

`(c) Limitation on Use for Grant Administration- The Secretary shall establish a limit on the portion of any grant under this title that may be used for grant and program administration.'.

SEC. 504. AUTHORITY TO DEVELOP NEW AREAS AND FACILITIES.

Section 1003 (16 U.S.C. 2502) is amended by inserting `development of new recreation areas and facilities, including the acquisition of lands for such development,' after `rehabilitation of critically needed recreation areas, facilities,'.

SEC. 505. DEFINITIONS.

Section 1004 (16 U.S.C. 2503) is amended as follows:

(1) In paragraph (j) by striking `and' after the semicolon.

(2) In paragraph (k) by striking the period at the end and inserting a semicolon.

(3) By adding at the end the following:

`(l) `development grants'--

`(1) subject to subparagraph (2) means matching capital grants to units of local government to cover costs of development, land acquisition, and construction on existing or new neighborhood recreation sites, including indoor and outdoor recreational areas and facilities, support facilities, and landscaping; and

`(2) does not include routine maintenance, and upkeep activities; and

`(m) `Secretary' means the Secretary of the Interior.'.

SEC. 506. ELIGIBILITY.

Section 1005(a) (16 U.S.C. 2504(a)) is amended to read as follows:

`(a) Eligibility of general purpose local governments to compete for assistance under this title shall be based upon need as determined by the Secretary. Generally, eligible general purpose local governments shall include the following:

`(1) All political subdivisions of Metropolitan, Primary, or Consolidated Statistical Areas, as determined by the most recent Census.

`(2) Any other city, town, or group of cities or towns (or both) within such a Metropolitan Statistical Area, that has a total population of 50,000 or more as determined by the most recent Census.

`(3) Any other county, parish, or township with a total population of 250,000 or more as determined by the most recent Census.'.

SEC. 507. GRANTS.

Section 1006 (16 U.S.C. 2505) is amended--

(1) in subsection (a) by redesignating paragraph (3) as paragraph (4); and

(2) by striking so much as precedes subsection (a)(4) (as so redesignated) and inserting the following:

`GRANTS

`SEC. 1006. (a)(1) The Secretary may provide 70 percent matching grants for rehabilitation, development, acquisition, and innovation purposes to any eligible general purpose local government upon approval by the Secretary of an application submitted by the chief executive of such government.

`(2) At the discretion of such an applicant, a grant under this section may be transferred in whole or part to independent special purpose local governments, private nonprofit agencies, or county or regional park authorities, if--

`(A) such transfer is consistent with the approved application for the grant; and

`(B) the applicant provides assurance to the Secretary that the applicant will maintain public recreation opportunities at assisted areas and facilities in accordance with section 1010.

`(3) Payments may be made only for those rehabilitation, development, or innovation projects that have been approved by the Secretary. Such payments may be made from time to time in keeping with the rate of progress toward completion of a project, on a reimbursable basis.'.

SEC. 508. RECOVERY ACTION PROGRAMS.

Section 1007(a) (16 U.S.C. 2506(a)) is amended--

(1) in subsection (a) in the first sentence by inserting `development,' after `commitments to ongoing planning,'; and

(2) in subsection (a)(2) by inserting `development and' after `adequate planning for'.

SEC. 509. STATE ACTION INCENTIVES.

Section 1008 (16 U.S.C. 2507) is amended--

(1) by inserting `(a) IN GENERAL- ' before the first sentence; and

(2) by striking the last sentence of subsection (a) (as designated by paragraph (1) of this section) and inserting the following:

`(b) Coordination With Land and Water Conservation Fund Activities- (1) The Secretary and general purpose local governments are encouraged to coordinate preparation of recovery action programs required by this title with State Plans or Agendas required under section 6 of the Land and Water Conservation Fund Act of 1965, including by allowing flexibility in preparation of recovery action programs so they may be used to meet State and local qualifications for local receipt of Land and Water Conservation Fund grants or State grants for similar purposes or for other conservation or recreation purposes.

`(2) The Secretary shall encourage States to consider the findings, priorities, strategies, and schedules included in the recovery action programs of their urban localities in preparation and updating of State plans in accordance with the public coordination and citizen consultation requirements of subsection 6(d) of the Land and Water Conservation Fund Act of 1965.'.

SEC. 510. CONVERSION OF RECREATION PROPERTY.

Section 1010 (16 U.S.C. 2509) is amended to read as follows:

`CONVERSION OF RECREATION PROPERTY

`SEC. 1010. (a)(1) No property developed, acquired, or rehabilitated under this title shall, without the approval of the Secretary, be converted to any purpose other than public recreation purposes.

`(2) Paragraph (1) shall apply to--

`(A) property developed with amounts provided under this title; and

`(B) the park, recreation, or conservation area of which the property is a part.

`(b)(1) The Secretary shall approve such conversion only if the grantee demonstrates no prudent or feasible alternative exists.

`(2) Paragraph (1) shall apply to property that is no longer a viable recreation facility due to changes in demographics or that must be abandoned because of environmental contamination which endangers public health or safety.

`(c) Any conversion must satisfy any conditions the Secretary considers necessary to assure substitution of other recreation property that is--

`(1) of at least equal fair market value, and reasonably equivalent usefulness and location; and

`(2) in accord with the current recreation recovery action program of the grantee.'.

SEC. 511. REPEAL.

Section 1015 (16 U.S.C. 2514) is repealed.

Subtitle B--Historic Preservation Fund

SEC. 521. TREATMENT OF AMOUNTS TRANSFERRED FROM GET OUTDOORS ACT FUND.

Section 108 of the National Historic Preservation Act (16 U.S.C. 470h) is amended--

(1) by inserting `(a)' before the first sentence;

(2) in subsection (a) (as designated by paragraph (1) of this section) by striking all after the first sentence; and

(3) by adding at the end the following:

`(b) Amounts transferred to the Secretary under section 5(b)(5)(A) of the Get Outdoors Act in a fiscal year shall be deposited into the Fund and shall be available without further appropriation only to provide grants and other financial and technical assistance under this Act to States, Indian tribes, local governments, and other non-Federal governmental entities.

`(c) At least one-half of the funds obligated or expended each fiscal year under this Act shall be used in accordance with this Act for preservation projects on historic properties. In making such funds available, the Secretary shall give priority to the preservation of endangered historic properties.'.

SEC. 522. STATE USE OF HISTORIC PRESERVATION ASSISTANCE FOR NATIONAL HERITAGE AREAS AND CORRIDORS.

Title I of the National Historic Preservation Act (16 U.S.C. 470a et seq.) is amended by adding at the end the following:

`SEC. 114. STATE USE OF ASSISTANCE FOR NATIONAL HERITAGE AREAS AND CORRIDORS.

`In addition to other uses authorized by this Act, amounts provided to a State under this title may be used by the State to provide financial assistance to the management entity for any national heritage area or national heritage corridor established under the laws of the United States, to support cooperative historic preservation planning and development.'.

SEC. 523. FUNDING FOR MARITIME HERITAGE PROGRAMS.

Section 6 of the National Maritime Heritage Act of 1994 (16 U.S.C. 5405) is amended--

(1) by redesignating subsection (d) as subsection (e), and by inserting after subsection (c) the following:

`(d) Availability of Funds From Get Outdoors Act Fund- Amounts transferred to the Secretary under section 5(b)(5)(B) of the Get Outdoors Act shall be available until expended and without further appropriation to carry out the Program as provided in subsection (b).'; and

(2) in subsection (b), by striking `subsection (a)(1)(C)' each place it appears and inserting `this section'.

TITLE VI--COLLABORATING WITH LOCAL COMMUNITIES AND PROTECTING PRIVATE PROPERTY OWNERS

Subtitle A--U.S. Treasury Protections

SEC. 601. SIGNS.

(a) In General- The Secretary shall require, as a condition of any financial assistance provided with amounts made available by this Act, that the person that owns or administers any site that benefits from such assistance shall include on any sign otherwise installed at that site at or near an entrance or public use focal point, a statement that the existence or development of the site (or both), as appropriate, is a product of such assistance.

(b) Standards- The Secretary shall provide for the design of standardized signs for purposes of subsection (a), and shall prescribe standards and guidelines for such signs.

Subtitle B--Private Property Rights Protections

SEC. 611. PROTECTION OF PRIVATE PROPERTY RIGHTS.

(a) Savings Clause- Nothing in the Act shall authorize that private property be taken for public use, without just compensation as provided by the 5th and 14th amendments to the United States Constitution.

(b) Regulation- Federal agencies, using funds appropriated by this Act, may not apply any regulation on any lands or water until the lands or water, or an interest therein, is acquired, unless authorized to do so by another Act of Congress.

SEC. 612. USE OF FEDERAL PORTION (NOTE--THIS IS SPECIFIC TO TITLE II SUBTITLE A--FEDERAL LWCF).

Section 7 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-9) is amended by adding at the end the following:

`(d) Use of Federal Portion-

`(1) Approval by congress required- The Federal portion (as that term is defined in section 5(1)) may not be obligated or expended by the Secretary of the Interior or the Secretary of Agriculture for any acquisition except those specifically referred to, and approved by the Congress.

`(2) Willing seller requirement- The Federal portion may not be used to acquire any property unless--

`(A) the owner of the property concurs in the acquisition; or

`(B) acquisition of that property is specifically approved by an Act of Congress.

`(e) List of Proposed Federal Acquisitions-

`(1) Restriction on use- The Federal portion for a fiscal year may not be obligated or expended to acquire any interest in lands or water unless the lands or water were included in a list of acquisitions that is approved by the Congress.

`(2) Transmission of list- (A) The Secretary of the Interior and the Secretary of Agriculture shall jointly transmit to the appropriate authorizing and appropriations committees of the House of Representatives and the Senate for each fiscal year, by no later than the submission of the budget for the fiscal year under section 1105 of title 31, United States Code, a list of the acquisitions of interests in lands and water proposed to be made with the Federal portion for the fiscal year.

`(B) In preparing each list under subparagraph (A), the Secretary shall--

`(i) seek to consolidate Federal landholdings in States with checkerboard Federal land ownership patterns;

`(ii) consider the use of equal value land exchanges, where feasible and suitable, as an alternative means of land acquisition;

`(iii) consider the use of permanent conservation easements, where feasible and suitable, as an alternative means of acquisition;

`(iv) identify those properties that are proposed to be acquired from willing sellers and specify any for which adverse condemnation is requested; and

`(v) establish priorities based on such factors as important or special resource attributes, threats to resource integrity, timely availability, owner hardship, cost escalation, public recreation use values, and similar considerations.

`(C) The Secretary of the Interior and the Secretary of Agriculture shall each--

`(i) transmit, with the list transmitted under subparagraph (A), a separate list of those lands under the administrative jurisdiction of the Secretary that have been identified in applicable land management plans as surplus and eligible for disposal as provided for by law; and

`(ii) update each list to be transmitted under clause (i) as land management plans are amended or revised.

`(3) Information regarding proposed acquisitions- Each list under paragraph (2)(A) shall include, for each proposed acquisition included in the list--

`(A) citation of the statutory authority for the acquisition, if such authority exists; and

`(B) an explanation of why the particular interest proposed to be acquired was selected.

`(f) Notification to Affected Areas Required- The Federal portion for a fiscal year may not be used to acquire any interest in land unless the Secretary administering the acquisition, by not later than 30 days after the date the Secretaries submit the list under subsection (e)(2)(A) for the fiscal year, provides notice of the proposed acquisition--

`(1) in writing to each Member of and each Delegate and Resident Commissioner to the Congress elected to represent any area in which is located--

`(A) the land; or

`(B) any part of any federally designated unit that includes the land;

`(2) in writing to the Governor of the State in which the land is located;

`(3) in writing to each State political subdivision having jurisdiction over the land; and

`(4) by publication of a notice in a newspaper that is widely distributed in the area under the jurisdiction of each such State political subdivision, that includes a clear statement that the Federal Government intends to acquire an interest in land.

`(g) Compliance With Requirements Under Federal Laws-

`(1) In general- The Federal portion for a fiscal year may not be used to acquire any interest in land or water unless the following have occurred:

`(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 acquisition, are submitted to the Committee on Resources of the House of Representatives, the Committee on Energy and Natural Resources of the Senate, and the Committees on Appropriations 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 Delegate 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 specifically 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 following:

`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 appropriated share of the waters of any body of surface or ground water, whether determined by past or future interstate compacts or by past or future legislative or final judicial allocations;

`(3) preempts or modifies any Federal or State law, or interstate compact, dealing with water quality or disposal; or

`(4) confers on any non-Federal entity the ability 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 selection 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') indicating 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 redundancy 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 effect 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 `comprehensive 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 public 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 inserting 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 Agenda 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 usefulness 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 replacement property within that same State that is otherwise acceptable to the Secretary shall be considered to be of reasonably equivalent usefulness with the property proposed for conversion.'.

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 Secretary of Agriculture shall jointly develop and issue a plan for acquisition and disposal of lands in the State of Montana that will result in consolidation of forest reserves created 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 portion consolidate Federal ownership of lands in Montana under the administrative jurisdiction of the Department 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 Federal portion is de minimis.'.

END