I
110th CONGRESS
2d Session
H. R. 5820
IN THE HOUSE OF REPRESENTATIVES
April 16, 2008
Mr. Allen (for himself and Mr. Michaud) introduced the following bill; which was referred to the Committee on Natural Resources
A BILL
To authorize the Forest Service to provide financial assistance to States for the acquisition of land to preserve and maintain such land for traditional use by the public, and for other purposes.
Short Title
This Act may be cited as the
Traditional Use Protection Act of
2008
.
Support for the traditional use of lands
Grants
The Chief of the Forest Service shall establish a program to award grants, on a competitive basis, to States for the purpose of allowing such States—
to acquire the rights to land to make such land available to the public for traditional use; and
to make subgrants to an entity to allow such entity to acquire the rights to land to make such land available to the public for traditional use.
Requirements for use of funds
In general
A State shall use the funds received under this section only—
to purchase land, acquire an easement, or take other actions to acquire rights to land, as long as such purchase, acquisition, or other action results in the State holding rights to the land in perpetuity; and
to make a subgrant to an entity to allow such entity to purchase land, acquire an easement, or take other actions to acquire rights to land, as long as such purchase, acquisition, or other action results in the entity holding rights to the land in perpetuity.
Willing Sellers
A State or entity may only use funds received through a grant or subgrant under subsection (a) to acquire rights to land from a willing seller.
Eminent Domain Prohibited
A State may not use funds received through a grant under subsection (a) to acquire land through eminent domain.
Access
A State or entity shall make any land purchased, acquired, or otherwise obtained using funds received through a grant or subgrant under subsection (a) available to the public for appropriate traditional use, as determined by the State.
Application
In general
To be considered for a grant under this section, a State shall submit to the Chief an application at such time and in such manner as the Chief may require.
Contents
The application shall include the following:
Information demonstrating the commitment of the State to stewardship and maintenance of land currently held by the State for traditional and recreational use (including park land).
Certification by the State that the State maintains a landowner relations program.
A copy of the comprehensive State plan.
Such information as the Chief may require.
Cost Sharing
The amount of any grant under this section may not exceed 75 percent of the total cost of the land rights acquired with the grant.
Publication of Criteria
Not later than 60 days after the date of enactment of this Act, the Chief shall publish criteria for making grants under subsection (a) in the Federal Register.
Report
Not later than one year after the date of enactment of this Act, and annually thereafter, the Chief shall submit to Congress a report on the grant program established under subsection (a).
Definitions
For purposes of this section:
Chief
The term Chief means the Chief of the Forest Service.
Comprehensive State Plan
The term comprehensive State plan means a comprehensive plan developed by the State, regarding recreational access to and conservation of land in the State, that—
is developed through a process that involves interested persons from both the public and private sectors, including landowners; and
includes strategies for developing partnerships between the public and private sectors to develop, improve, and preserve traditional recreational opportunities.
Landowner Relations Program
The term landowner relations program means a program established by the State that—
engages private landowners to facilitate public access to their property for traditional use;
addresses the concerns of landowners relating to public access to private land; and
serves as a clearinghouse for information about rules, regulations, certifications, and procedures for land use.
Program
The term program means the grant program established under subsection (a).
Traditional Use
In general
Except as provided in subparagraph (B), the term traditional use has the meaning given that term by the State receiving a grant under subsection (a). Such term may include hunting, fishing, access to water, motorized recreation, hiking, bird watching, and non-motorized recreational activities.
Exclusion
The term traditional use does not include residential or commercial development.
Authorization of Appropriations
There is authorized to be appropriated to the Chief to carry out this Act, $50,000,000 for each fiscal year from 2009 through 2013.