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H.R. 4101 (eas) ...


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108th CONGRESS
  2d Session
                                H. R. 4100

   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.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             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

_______________________________________________________________________

                                 A BILL


 
   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 

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