-CITE-
16 USC Sec. 460l-8 01/05/99

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND
SEASHORES
SUBCHAPTER LXIX - OUTDOOR RECREATION PROGRAMS
Part B - Land and Water Conservation Fund

-HEAD-
Sec. 460l-8. Financial assistance to States

-STATUTE-
(a) Authority of Secretary of the Interior; payments to carry out
purposes of land and water conservation provisions
The Secretary of the Interior (hereinafter referred to as the
''Secretary'') is authorized to provide financial assistance to the
States from moneys available for State purposes. Payments may be
made to the States by the Secretary as hereafter provided, subject
to such terms and conditions as he considers appropriate and in the
public interest to carry out the purposes of this part, for outdoor
recreation: (1) planning, (2) acquisition of land, waters, or
interests in land or waters, or (3) development.

(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.

(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 United States 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) For the purposes of paragraph (1), all federally recognized Indian tribes and Alaska Native Village Corporations (as defined in section 3(j) of the Alaska Native Claims Settlement Act (43 U.S.C. 1602(j)), 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 and village corporations shall be equivalent to the amount available to a single State. No single tribe or village corporation shall receive a grant that constitutes more than 10 percent of the total amount made available to all tribes and village corporations pursuant to the apportionment under paragraph (1). Funds received by a tribe or village corporation under this subparagraph may be expended only for the purposes specified in paragraphs (1) and (3) of subsection (a).

(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.

(b) Apportionment among States; finality of administrative
determination; formula; notification; reapportionment of
unobligated amounts; definition of State
Sums appropriated and available for State purposes for each
fiscal year shall be apportioned among the several States by the
Secretary, whose determination shall be final, in accordance with
the following formula:
(1) Forty per centum of the first $225,000,000; thirty per
centum of the next $275,000,000; and twenty per centum of all
additional appropriations shall be apportioned equally among the
several States; and
(2) At any time, the remaining appropriation shall be
apportioned on the basis of need to individual States by the
Secretary in such amounts as in his judgment will best accomplish
the purposes of this part. The determination of need shall
include among other things a consideration of the proportion
which the population of each State bears to the total population
of the United States and of the use of outdoor recreation
resources of individual States by persons from outside the State
as well as a consideration of the Federal resources and programs
in the particular States.
(3) The total allocation to an individual State under
paragraphs (1) and (2) of this subsection shall not exceed 10 per
centum of the total amount allocated to the several States in any
one year.
(4) The Secretary shall notify each State of its
apportionments; and the amounts thereof shall be available
thereafter for payment to such State for planning, acquisition,
or development projects as hereafter prescribed. Any amount of
any apportionment that has not been paid or obligated by the
Secretary during the fiscal year in which such notification is
given and for two fiscal years thereafter shall be reapportioned
by the Secretary in accordance with paragraph (2) of this
subsection, without regard to the 10 per centum limitation to an
individual State specified in this subsection.
(5) For the purposes of paragraph (1) of this subsection, the
District of Columbia, Puerto Rico, the Virgin Islands, Guam,
American Samoa, and the Commonwealth of the Northern Mariana
Islands (when such islands achieve Commonwealth status) shall be
treated collectively as one State, and shall receive shares of
such apportionment in proportion to their populations. The above
listed areas shall be treated as States for all other purposes of
this title.

(c) Matching requirements
Payments to any State shall cover not more than 50 per centum of
the cost of planning, acquisition, or development projects that are
undertaken by the State. The remaining share of the cost shall be
borne by the State in a manner and with such funds or services as
shall be satisfactory to the Secretary. No payment may be made to
any State for or on account of any cost or obligation incurred or
any service rendered prior to September 3, 1964.

(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 it provides for public involvement in this process and 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 enactment of the Conservation and Reinvestment Act of 1999, 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 4 years.

(B) The agenda must be updated at least once every 4 years and certified by the Governor that the State Action Agenda conclusions and proposed actions have been considered in an active public involvement process.

(d) Comprehensive State plan; necessity; adequacy; contents;
correlation with other plans; factors for formulation of
Housing and Home Finance Agency financed plans; planning
projects; wetlands consideration; wetlands priority plan
A comprehensive statewide outdoor recreation plan shall be
required prior to the consideration by the Secretary of financial
assistance for acquisition or development projects. The plan shall
be adequate if, in the judgment of the Secretary, it encompasses
and will promote the purposes of this part: Provided, That no plan
shall be approved unless the Governor of the respective State
certifies that ample opportunity for public participation in plan
development and revision has been accorded. The Secretary shall
develop, in consultation with others, criteria for public
participation, which criteria shall constitute the basis for the
certification by the Governor. The plan shall contain -
(1) the name of the State agency that will have authority to
represent and act for the State in dealing with the Secretary for
purposes of this part;
(2) an evaluation of the demand for and supply of outdoor
recreation resources and facilities in the State;
(3) a program for the implementation of the plan; and
(4) other necessary information, as may be determined by the
Secretary.
The plan shall take into account relevant Federal resources and
programs and shall be correlated so far as practicable with other
State, regional, and local plans. Where there exists or is in
preparation for any particular State a comprehensive plan financed
in part with funds supplied by the Housing and Home Finance Agency,
any statewide outdoor recreation plan prepared for purposes of this
part shall be based upon the same population, growth, and other
pertinent factors as are used in formulating the Housing and Home
Finance Agency financed plans.
The Secretary may provide financial assistance to any State for
projects for the preparation of a comprehensive statewide outdoor
recreation plan when such plan is not otherwise available or for
the maintenance of such plan.
For fiscal year 1988 and thereafter each comprehensive statewide
outdoor recreation plan shall specifically address wetlands within
that State as an important outdoor recreation resource as a
prerequisite to approval, except that a revised comprehensive
statewide outdoor recreation plan shall not be required by the
Secretary, if a State submits, and the Secretary, acting through
the Director of the National Park Service, approves, as a part of
and as an addendum to the existing comprehensive statewide outdoor
recreation plan, a wetlands priority plan developed in consultation
with the State agency with responsibility for fish and wildlife
resources and consistent with the national wetlands priority
conservation plan developed under section 3921 of this title or, if
such national plan has not been completed, consistent with the
provisions of that section (FOOTNOTE 1)
(FOOTNOTE 1) So in original. Probably should be followed by a
period.

(e) Projects for land and water acquisition; development
In addition to assistance for planning projects, the Secretary
may provide financial assistance to any State for the following
types of projects or combinations thereof if they are in accordance
with the State comprehensive plan State Action Agenda:
(1) For the acquisition of land, waters, or interests in land
or waters, or wetland areas and interests therein as identified
in the wetlands provisions of the comprehensive plan State Action Agenda (other than
land, waters, or interests in land or waters acquired from the
United States for less than fair market value), but not including
incidental costs relating to acquisition.
Whenever a State provides that the owner of a single-family
residence may, at his option, elect to retain a right of use and
occupancy for not less than six months from the date of
acquisition of such residence and such owner elects to retain
such a right, such owner shall be deemed to have waived any
benefits under sections 4623, 4624, 4625, and 4626 of title 42
and for the purposes of those sections such owner shall not be
considered a displaced person as defined in section 4601(6) of
title 42.
(2) For development of basic outdoor recreation facilities to
serve the general public, including the development of Federal
lands under lease to States for terms of twenty-five years or
more: Provided, That no assistance shall be available under this
part to enclose or shelter facilities normally used for outdoor
recreation activities, but the Secretary may permit local
funding, and after September 28, 1976, not to exceed 10 per
centum of the total amount allocated to a State in any one year
to be used for sheltered facilities for swimming pools and ice
skating rinks in areas where the Secretary determines that the
severity of climatic conditions and the increased public use
thereby made possible justifies the construction of such
facilities or to enhance public safety within a designate park or
recreation area.

(f) Requirements for project approval; conditions; progress
payments; payments to Governors or State officials or agencies;
State transfer of funds to public agencies; conversion of
property to other uses; reports to Secretary; accounting;
records; audit; discrimination prohibited
(1) Payments may be made to States by the Secretary only for
those planning, acquisition, or development projects that are
approved by him. No payment may be made by the Secretary for or on
account of any project with respect to which financial assistance
has been given or promised under any other Federal program or
activity, and no financial assistance may be given under any other
Federal program or activity for or on account of any project with
respect to which such assistance has been given or promised under
this part. The Secretary may make payments from time to time in
keeping with the rate of progress toward the satisfactory
completion of individual projects: Provided, That the approval of
all projects and all payments, or any commitments relating thereto,
shall be withheld until the Secretary receives appropriate written
assurance from the State that the State has the ability and
intention to finance its share of the cost of the particular
project, and to operate and maintain by acceptable standards, at
State expense, the particular properties or facilities acquired or
developed for public outdoor recreation use.
(2) Payments for all projects shall be made by the Secretary to
the Governor of the State or to a State official or agency
designated by the Governor or by State law having authority and
responsibility to accept and to administer funds paid hereunder for
approved projects. If consistent with an approved project, funds
may be transferred by the State to a political subdivision or other
appropriate public agency.
(3) (A) No property acquired or developed with assistance under this
section shall, without the approval of the Secretary, be converted
to other than public outdoor recreation uses. 
(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.
The Secretary shall
approve such conversion only if he finds it to be in accord with
the then existing comprehensive statewide outdoor recreation plan
and only upon such conditions as he deems necessary to assure the
substitution of other recreation properties of at least equal fair
market value and of reasonably equivalent usefulness and location.:
(FOOTNOTE 2) Provided, That wetland areas and interests therein as
identified in the wetlands provisions of the comprehensive plan and
proposed to be acquired as suitable replacement property within
that same State that is otherwise acceptable to the Secretary,
acting through the Director of the National Park Service, shall be
considered to be of reasonably equivalent usefulness with the
property proposed for conversion.
(FOOTNOTE 2) So in original. The period probably should not
appear.
(4) No payment shall be made to any State until the State has
agreed to (1) 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 part, and (2)
provide such fiscal control and fund accounting procedures as may
be necessary to assure proper disbursement and accounting for
Federal funds paid to the State under this part.
(5) Each recipient of assistance under this part shall keep such
records as the Secretary shall prescribe, including records which
fully disclose the amount and the disposition by such recipient of
the proceeds of such assistance, the total cost of the project or
undertaking in connection with which such assistance is given or
used, and the amount and nature of that portion of the cost of the
project or undertaking supplied by other sources, and such other
records as will facilitate an effective audit.
(6) The Secretary, and the Comptroller General of the United
States, or any of their duly authorized representatives, shall have
access for the purpose of audit and examination to any books,
documents, papers, and records of the recipient that are pertinent
to assistance received under this part.
(7) Repealed. Pub. L. 104-333, div. I, title VIII, Sec.
814(d)(1)(H), Nov. 12, 1996, 110 Stat. 4196.
(8) With respect to property acquired or developed with
assistance from the fund, discrimination on the basis of residence,
including preferential reservation or membership systems, is
prohibited except to the extent that reasonable differences in
admission and other fees may be maintained on the basis of
residence.

(g) Coordination with Federal agencies
In order to assure consistency in policies and actions under this
part with other related Federal programs and activities (including
those conducted pursuant to title VII of the Housing Act of 1961
(42 U.S.C. 1500 et seq.) and section 701 (FOOTNOTE 3) of the
Housing Act of 1954 (40 U.S.C. 461)) and to assure coordination of
the planning, acquisition, and development assistance to States
under this section with other related Federal programs and
activities, the President may issue such regulations with respect
thereto as he deems desirable and such assistance may be provided
only in accordance with such regulations.
(FOOTNOTE 3) See References in Text note below.

(h) Capital improvement and other projects to reduce crime

(1) Availability of funds
In addition to assistance for planning projects, and in
addition to the projects identified in subsection (e) of this
section, and from amounts appropriated out of the Violent Crime
Reduction Trust Fund, the Secretary may provide financial
assistance to the States, not to exceed $15,000,000, for projects
or combinations thereof for the purpose of making capital
improvements and other measures to increase safety in urban parks
and recreation areas, including funds to -
(A) increase lighting within or adjacent to public parks and
recreation areas;
(B) provide emergency phone lines to contact law enforcement
or security personnel in areas within or adjacent to public
parks and recreation areas;
(C) increase security personnel within or adjacent to public
parks and recreation areas; and
(D) fund any other project intended to increase the security
and safety of public parks and recreation areas.
(2) Eligibility
In addition to the requirements for project approval imposed by
this section, eligibility for assistance under this subsection
shall be dependent upon a showing of need. In providing funds
under this subsection, the Secretary shall give priority to
projects proposed for urban parks and recreation areas with the
highest rates of crime and, in particular, to urban parks and
recreation areas with the highest rates of sexual assault.
(3) Federal share
Notwithstanding subsection (c) of this section, the Secretary
may provide 70 percent improvement grants for projects undertaken
by any State for the purposes described in this subsection, and
the remaining share of the cost shall be borne by the State.

-SOURCE-
(Pub. L. 88-578, title I, Sec. 6, formerly Sec. 5, Sept. 3, 1964,
78 Stat. 900; renumbered Sec. 6, Pub. L. 92-347, Sec. 2, July 11,
1972, 86 Stat. 459; amended Pub. L. 93-303, Sec. 2, June 7, 1974,
88 Stat. 194; Pub. L. 94-422, title I, Sec. 101(3), Sept. 28, 1976,
90 Stat. 1314; Pub. L. 95-625, title VI, Sec. 606, Nov. 10, 1978,
92 Stat. 3519; Pub. L. 99-645, title III, Sec. 303, Nov. 10, 1986,
100 Stat. 3587; Pub. L. 103-322, title IV, Sec. 40133, Sept. 13,
1994, 108 Stat. 1918; Pub. L. 103-437, Sec. 6(p)(2), Nov. 2, 1994,
108 Stat. 4586; Pub. L. 104-333, div. I, title VIII, Sec.
814(d)(1)(H), Nov. 12, 1996, 110 Stat. 4196.)

-REFTEXT-
REFERENCES IN TEXT
The Housing Act of 1961, referred to in subsec. (g), is Pub. L.
87-70, June 30, 1961, 75 Stat. 149, as amended. Title VII of the
Housing Act of 1961 was classified generally to chapter 8C (Sec.
1500 et seq.) of Title 42, The Public Health and Welfare, and was
omitted from the Code pursuant to section 5316 of Title 42 which
terminated authority to make grants or loans under title VII of
that Act after Jan. 1, 1975. For complete classification of this
Act to the Code, see Short Title of 1961 Amendment note set out
under section 1701 of Title 12, Banks and Banking, and Tables.
Section 701 of the Housing Act of 1954, referred to in subsec.
(g), was repealed by Pub. L. 97-35, title III, Sec. 313(b), Aug.
13, 1981, 95 Stat. 398.

-MISC2-
PRIOR PROVISIONS
A prior section 6 of Pub. L. 88-578 was renumbered section 7 and
is classified to section 460l-9 of this title.
AMENDMENTS
1996 - Subsec. (f)(7). Pub. L. 104-333 struck out par. (7)
relating to annual State evaluations, lists of funded projects, and
reports.
1994 - Subsec. (f)(7). Pub. L. 103-437 substituted ''Committee on
Natural Resources of the House of Representatives and the Committee
on Energy and Natural Resources of the Senate'' for ''Committees on
Interior and Insular Affairs of the United States Congress''.
Subsec. (h). Pub. L. 103-322 added subsec. (h).
1986 - Subsec. (d). Pub. L. 99-645, Sec. 303(1), inserted
provision requiring that for fiscal year 1988 and thereafter, each
comprehensive statewide outdoor recreation plan specifically
address wetlands within the State as an important outdoor
recreation resource, or alternatively, submission of a wetlands
priority plan developed in consultation with the State agency
responsible for fish and wildlife resources in the State.
Subsec. (e)(1). Pub. L. 99-645, Sec. 303(2), inserted '', or
wetland areas and interests therein as identified in the wetlands
provisions of the comprehensive plan''.
Subsec. (f)(3). Pub. L. 99-645, Sec. 303(3), inserted provision
that wetland areas and interests therein as identified in the
wetlands provisions of the comprehensive plan and proposed to be
acquired as suitable replacement property within that same State
that is otherwise acceptable to the Secretary, acting through the
Director of the National Park Service, shall be considered to be of
reasonably equivalent usefulness with the property proposed for
conversion.
1978 - Subsec. (f)(7). Pub. L. 95-625 provided that grant program
evaluations be transmitted so as to be received by the Secretary no
later than December 31 and that reports to Congressional committees
be made by no later than March 1 of each year.
1976 - Subsec. (a). Pub. L. 94-422 reenacted subsec. (a) without
change.
Subsec. (b)(1). Pub. L. 94-422 substituted ''Forty per centum of
the first $275,000,000; thirty per centum of the next $275,000,000;
and twenty per centum of all additional appropriations'' for
''two-fifths''.
Subsec. (b)(2). Pub. L. 94-422 substituted ''At any time, the
remaining appropriations'' for ''three-fifths''.
Subsec. (b)(3). Pub. L. 94-422 designated as par. (3) the first
paragraph following par. (2), and substituted ''10 per centum'' for
''7 per centum''.
Subsec. (b)(4). Pub. L. 94-422 designated as par. (4) the second
paragraph following par. (2), and substituted ''in accordance with
paragraph 2 of this subsection, without regard to the 10 per centum
limitation to an individual State specified in this subsection''
for ''in accordance with paragraph 2 of this subsection''.
Subsec. (b)(5). Pub. L. 94-422 designated as par. (5) the third
paragraph following par. (2), and added Northern Mariana Islands to
those areas to be treated and provision that such areas be treated
collectively as one State for purposes of subsec. (b)(1) and
substituted requirement that a State shall receive shares of
apportionment in proportion to their population for requirement
that the State's population shall be included as part of the total
population in computing apportionment under subsec. (b)(2).
Subsec. (c). Pub. L. 94-422 reenacted subsec. (c) without change.
Subsec. (d). Pub. L. 94-422 inserted proviso that no plan shall
be approved unless certified by the Governor that public
participation in plan development and revision has been accorded
and that the Secretary shall develop criteria for public
participation to form basis of certification by Governor.
Subsec. (e). Pub. L. 94-422 inserted proviso that no assistance
shall be available under this part to enclose or shelter facilities
normally used for outdoor recreation activities and authorized
Secretary to permit local funding after Sept. 28, 1976, not to
exceed 10 per centum of total amount allocated to States.
Subsec. (f). Pub. L. 94-422 designated existing six paragraphs as
pars. (1) to (6), respectively, and added pars. (7) and (8).
Subsec. (g). Pub. L. 94-422 reenacted subsec. (g) without change.
1974 - Subsec. (e)(1). Pub. L. 93-303 inserted sentence relating
to waiver of benefits by an owner of a single-family residence who
elects to retain a right of use and occupancy for not less than six
months from the date of acquisition of the residence.

-TRANS-
TRANSFER OF FUNCTIONS
All functions of the Housing and Home Finance Agency and the
Administrator thereof were transferred to the Secretary of Housing
and Urban Development by section 5(a) of the Department of Housing
and Urban Development Act (Pub. L. 89-174, Sept. 9, 1965, 79 Stat.
669) which is classified to section 3534(a) of Title 42, The Public
Health and Welfare.

-EXEC-
EXECUTIVE ORDER NO. 11237
Ex. Ord. No. 11237, July 27, 1965, 30 F.R. 9433, which related to
coordinating planning and acquisition of land under outdoor
recreation and open space programs, was revoked by Ex. Ord. No.
12553, Feb. 25, 1986, 51 F.R. 7237.

-CROSS-
CROSS REFERENCES
Violent Crime Reduction Trust Fund, see section 14211 of Title
42, The Public Health and Welfare.

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 460l-17, 1250, 1261, 1282
of this title; title 42 section 3338.