Home > 105th Congressional Bills > H.R. 4101 (eas) ...H.R. 4101 (eas) ...
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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