54 U.S.C. § 200305 — Financial assistance to States

Page 87 TITLE 54—NATIONAL PARK SERVICE AND RELATED PROGRAMS § 200305 the Committees on Appropriations 30 days before tak- ing any actions authorized by this subsection if the amount reallocated from the ‘Contingency Fund’ line for a project is projected to be 10 percent or greater than the following, as applicable: ‘‘(A) The amount allocated to that project in the table titled ‘Allocation of Funds: National Parks and Public Land Legacy Restoration Fund Fiscal Year 2024’ in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act) [138 Stat. 26]; or ‘‘(B) The initial estimate in the most recent re- port submitted, prior to enactment of this Act, to the Committees on Appropriations pursuant to sec- tion 431(e) of division G of the Consolidated Appro- priations Act, 2023 (Public Law 117–328) [136 Stat. 4830].’’ Similar provisions were contained in the following appropriation acts: Pub. L. 117–328, div. G, title IV, § 431(a)–(c), Dec. 29, 2022, 136 Stat. 4827, 4828. Pub. L. 117–103, div. G, title IV, § 431(a)–(c), Mar. 15, 2022, 136 Stat. 416, 417. Pub. L. 116–260, div. G, title IV, § 434(a)–(c), Dec. 27, 2020, 134 Stat. 1543, 1544. Executive Documents DELEGATION OF AUTHORITY FOR FISCAL YEAR 2021 COST ESTIMATES AND ANNUAL REPORTS TO THE CONGRESS FOR THE LAND AND WATER CONSERVATION FUND Memorandum of President of the United States, Nov. 9, 2020, 85 F.R. 72889, provided: Memorandum for the Secretary of the Interior [and] the Secretary of Agriculture By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 301 of title 3, United States Code, it is hereby ordered as follows: SECTION 1. The Secretary of the Interior and the Sec- retary of Agriculture are hereby authorized to submit, for their respective agencies: (a) the cost estimates to the Congress required by 54 U.S.C. 200303(c)(1)(A), as amended by section 3(a) of the Great American Outdoors Act (Public Law 116–152) (the ‘‘Act’’); and (b) annually, the report to the Congress required by 54 U.S.C. 200303(c)(4), as amended by section 3(a) of the Act. SEC. 2. (a) Nothing in this memorandum shall be con- strued to impair or otherwise affect: (i) the authority granted by law to an executive de- partment or agency, or the head thereof; or (ii) the functions of the Director of the Office of Man- agement and Budget relating to budgetary, administra- tive, or legislative proposals. (b) This memorandum shall be implemented con- sistent with applicable law and subject to the avail- ability of appropriations. (c) This memorandum is not intended to, and does not, create any right or benefit, substantive or proce- dural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. (d) The Secretary of the Interior is authorized and di- rected to publish this memorandum in the Federal Reg- ister. DONALD J. TRUMP. § 200304. Statement of estimated requirements (a) IN GENERAL.—There shall be submitted with the annual budget of the United States a comprehensive statement of estimated require- ments during the ensuing fiscal year for appro- priations from the Fund. (b) ALLOCATION OF FUNDS.—Of the total amount made available to the Fund through ap- propriations or deposited in the Fund under sec- tion 105(a)(2)(B) of the Gulf of Mexico Energy Se- curity Act of 2006 (43 U.S.C. 1331 note; Public Law 109–432)— (1) not less than 40 percent shall be used for Federal purposes; and (2) not less than 40 percent shall be used to provide financial assistance to States. (Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3172; Pub. L. 116–9, title III, § 3001(b), Mar. 12, 2019, 133 Stat. 755.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 200304 ......... 16 U.S.C. 460l–7. Pub. L. 88–578, title I, § 5, formerly § 4, Sept. 3, 1964, 78 Stat. 900; Pub. L. 90–401, § 3, July 15, 1968, 82 Stat. 355; renumbered § 5, Pub. L. 92–347, § 2, July 11, 1972, 86 Stat. 459; Pub. L. 94–273, § 3(4), Apr. 21, 1976, 90 Stat. 376; Pub. L. 94–422, title I, § 101(2), Sept. 28, 1976, 90 Stat. 1314; Pub. L. 95–42, § 1(2), June 10, 1977, 91 Stat. 210. The references to fiscal years 1978 and 1979 and the special account are omitted as obsolete. Editorial Notes REFERENCES IN TEXT Section 105(a)(2)(B) of the Gulf of Mexico Energy Se- curity Act of 2006, referred to in subsec. (b), is section 105(a)(2)(B) of title I of div. C of Pub. L. 109–432, which is set out in a note under section 1331 of Title 43, Public Lands. AMENDMENTS 2019—Pub. L. 116–9 designated existing provisions as subsec. (a) and inserted heading, struck out ‘‘Not less than 40 percent of such appropriations shall be avail- able for Federal purposes.’’ after ‘‘Fund.’’, and added subsec. (b). § 200305. Financial assistance to States (a) AUTHORITY OF SECRETARY TO MAKE PAY- MENTS.—The Secretary may provide financial assistance to the States from amounts available for State purposes. Payments may be made to the States by the Secretary as provided in this section, subject to such terms and conditions as the Secretary considers appropriate and in the public interest to carry out the purposes of this chapter, for outdoor recreation: (1) Planning. (2) Acquisition of land, water, or interests in land or water. (3) Development. (b) APPORTIONMENT AMONG STATES.—Amounts appropriated and available for State purposes for each fiscal year shall be apportioned among the States by the Secretary, whose determina- tion shall be final, in accordance with the fol- lowing formula: (1) Forty percent of the 1st $225,000,000; 30 percent of the next $275,000,000; and 20 percent of all additional appropriations shall be appor- tioned equally among the States. (2) At any time, the remaining appropriation shall be apportioned on the basis of need to in- dividual States by the Secretary in such Page 88 TITLE 54—NATIONAL PARK SERVICE AND RELATED PROGRAMS § 200305 amounts as in the Secretary’s judgment will best accomplish the purposes of this chapter. The determination of need shall include con- sideration of— (A) the proportion that the population of each State bears to the total population of the United States; (B) the use of outdoor recreation resources of each State by persons from outside the State; and (C) the Federal resources and programs in each State. (3) The total allocation to a State under paragraphs (1) and (2) shall not exceed 10 per- cent of the total amount allocated to all of the States in any one year. (4) The Secretary shall notify each State of its apportionments. The amounts shall be available for payment to the State for plan- ning, acquisition, or development projects as prescribed. Any amount of any apportionment that has not been paid or obligated by the Sec- retary during the fiscal year in which the noti- fication is given and for 2 fiscal years there- after shall be reapportioned by the Secretary in accordance with paragraph (2) without re- gard to the 10 percent limitation to an indi- vidual State specified in this subsection. (c) MATCHING REQUIREMENTS.—Payments to any State shall cover not more than 50 percent of the cost of planning, acquisition, or develop- ment projects that are undertaken by the State. The remaining share of the cost shall be borne by the State in a manner and with funds or serv- ices as shall be satisfactory to the Secretary. (d) COMPREHENSIVE STATE PLAN.— (1) REQUIRED FOR CONSIDERATION OF FINAN- CIAL ASSISTANCE.—A comprehensive statewide outdoor recreation plan shall be required prior to the consideration by the Secretary of finan- cial 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 chapter. No plan shall be approved unless the chief execu- tive official of the 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 chief executive offi- cial. The plan shall contain— (A) the name of the State agency that will have authority to represent and act for the State in dealing with the Secretary for pur- poses of this chapter; (B) an evaluation of the demand for and supply of outdoor recreation resources and facilities in the State; (C) a program for the implementation of the plan; and (D) other necessary information, as deter- mined by the Secretary. (2) FACTORS TO BE CONSIDERED.—The plan shall take into account relevant Federal re- sources and programs and shall be correlated so far as practicable with other State, re- gional, 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 Secretary of Housing and Urban Development, any statewide out- door recreation plan prepared for purposes of this part shall be based on the same popu- lation, growth, and other pertinent factors as are used in formulating plans financed by the Secretary of Housing and Urban Development. (3) PROVISION OF ASSISTANCE WHEN PLAN NOT OTHERWISE AVAILABLE OR TO MAINTAIN PLAN.— The Secretary may provide financial assist- ance to any State for projects for the prepara- tion of a comprehensive statewide outdoor recreation plan when the plan is not otherwise available or for the maintenance of the plan. (4) WETLANDS.—A comprehensive statewide outdoor recreation plan shall specifically ad- dress wetlands within the State as an impor- tant outdoor recreation resource as a pre- requisite 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, approves, as a part of and as an addendum to the existing com- prehensive statewide outdoor recreation plan, a wetlands priority plan developed in con- sultation with the State agency with responsi- bility for fish and wildlife resources and con- sistent with the national wetlands priority conservation plan developed under section 301 of the Emergency Wetlands Resources Act of 1986 (16 U.S.C. 3921) or, if the national plan has not been completed, consistent with the provi- sions of that section. (e) PROJECTS FOR LAND AND WATER ACQUISI- TION AND DEVELOPMENT OF BASIC OUTDOOR RECREATION FACILITIES.— (1) IN GENERAL.—In addition to assistance for planning projects, the Secretary may provide financial assistance to any State for the types of projects described in paragraphs (2) and (3), or combinations of those projects, if the projects are in accordance with the State com- prehensive plan. (2) ACQUISITION OF LAND OR WATER.— (A) IN GENERAL.—Under paragraph (1), the Secretary may provide financial assistance for a project for the acquisition of land, water, or an interest in land or water, or a wetland area or an interest in a wetland area, as identified in the wetlands provisions of the comprehensive plan (other than land, water, or an interest in land or water ac- quired from the United States for less than fair market value), but not including inci- dental costs relating to acquisition. (B) RETENTION OF RIGHT OF USE AND OCCU- PANCY.—When a State provides that the owner of a single-family residence may, at the owner’s option, elect to retain a right of use and occupancy for not less than 6 months after the date of acquisition of the residence and the owner elects to retain such a right— (i) the owner shall be deemed to have waived any benefits under sections 203 to 206 of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4623 to 4626); and (ii) for the purposes of those sections the owner shall not be deemed to be a dis- Page 89 TITLE 54—NATIONAL PARK SERVICE AND RELATED PROGRAMS § 200305 placed person as defined in section 101 of that Act (42 U.S.C. 4601). (3) DEVELOPMENT OF BASIC OUTDOOR RECRE- ATION FACILITIES.—Under paragraph (1), the Secretary may provide financial assistance for a project for development of basic outdoor recreation facilities to serve the general pub- lic, including the development of Federal land under lease to States for terms of 25 years or more. No assistance shall be available under this chapter to enclose or shelter a facility normally used for an outdoor recreation activ- ity, but the Secretary may permit local fund- ing, not to exceed 10 percent of the total amount allocated to a State in any one year, to be used for construction of a sheltered facil- ity for a swimming pool or ice skating rink in an area where the Secretary determines that the construction is justified by the severity of climatic conditions and the increased public use made possible by the construction. (f) PAYMENTS.— (1) CRITERIA FOR MAKING PAYMENTS.—The Secretary may make a payment to a State only for a planning, acquisition, or develop- ment project that is approved by the Sec- retary. The Secretary shall not make a pay- ment for or on account of any project with re- spect to which financial assistance has been given or promised under any other Federal program or activity, and no financial assist- ance shall be given under any other Federal program or activity for or on account of any project with respect to which the assistance has been given or promised under this chapter. The Secretary may make payments from time to time in keeping with the rate of progress toward the satisfactory completion of a project. 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 all of the projects, and to operate and maintain by acceptable standards, at State expense, the properties or facilities acquired or developed for public outdoor recreation use. (2) PAYMENT RECIPIENTS.—Payments for all projects shall be made by the Secretary to the chief executive official of the State or to a State official or agency designated by the chief executive official or by State law having authority and responsibility to accept and to administer funds paid under this section for approved projects. If consistent with an ap- proved project, funds may be transferred by the State to a political subdivision or other appropriate public agency. (3) CONVERSION TO OTHER THAN PUBLIC OUT- DOOR RECREATION USE.—No property acquired or developed with assistance under this sec- tion shall, without the approval of the Sec- retary, be converted to other than public out- door recreation use. The Secretary shall ap- prove a conversion only if the Secretary finds it to be in accordance with the then-existing comprehensive statewide outdoor recreation plan and only on such conditions as the Sec- retary considers necessary to ensure the sub- stitution of other recreation properties of at least equal fair market value and of reason- ably equivalent usefulness and location. Wet- land areas and interests therein as identified in the wetlands provisions of the comprehen- sive plan and proposed to be acquired as suit- able replacement property within the same State that is otherwise acceptable to the Sec- retary, acting through the Director, shall be deemed to be of reasonably equivalent useful- ness with the property proposed for conver- sion. (4) REPORTS AND ACCOUNTING PROCEDURES.— No payment shall be made to any State until the State has agreed to— (A) provide such reports to the Secretary in such form and containing such informa- tion as may be reasonably necessary to en- able the Secretary to perform the Sec- retary’s duties under this chapter; and (B) provide such fiscal control and fund ac- counting procedures as may be necessary to ensure proper disbursement and accounting for Federal funds paid to the State under this chapter. (g) RECORDS.—A recipient of assistance under this chapter shall keep such records as the Sec- retary shall prescribe, including records that fully disclose— (1) the amount and the disposition by the re- cipient of the proceeds of the assistance; (2) the total cost of the project or under- taking in connection with which the assist- ance is given or used; and (3) 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. (h) ACCESS TO RECORDS.—The Secretary, and the Comptroller General, or any of their duly authorized representatives, shall have access for the purpose of audit and examination to any records of the recipient that are pertinent to as- sistance received under this chapter. (i) PROHIBITION OF DISCRIMINATION.—With re- spect to property acquired or developed with as- sistance from the Fund, discrimination on the basis of residence, including preferential res- ervation 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. (j) COORDINATION WITH FEDERAL AGENCIES.—To ensure consistency in policies and actions under this chapter with other related Federal pro- grams and activities and to ensure coordination of the planning, acquisition, and development assistance to States under this section with other related Federal programs and activities— (1) the President may issue such regulations with respect thereto as the President con- siders desirable; and (2) the assistance may be provided only in accordance with the regulations. (k) CAPITAL IMPROVEMENT AND OTHER PROJECTS TO REDUCE CRIME.— (1) AVAILABILITY AND PURPOSE OF FUNDS.—In addition to assistance for planning projects, and in addition to the projects identified in subsection (e), and from amounts appropriated Page 90 TITLE 54—NATIONAL PARK SERVICE AND RELATED PROGRAMS § 200306 out of the Violent Crime Reduction Trust Fund, the Secretary may provide financial as- sistance to the States, not to exceed $15,000,000, for projects or combinations there- of for the purpose of making capital improve- ments 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 telephone lines to contact law enforcement or security per- sonnel 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 in- crease the security and safety of public parks and recreation areas. (2) ELIGIBILITY.—In addition to the require- ments for project approval imposed by this section, eligibility for assistance under this subsection shall depend on a showing of need. In providing funds under this subsection, the Secretary shall give priority to projects pro- posed for urban parks and recreation areas with the highest rates of crime and, in par- ticular, to urban parks and recreation areas with the highest rates of sexual assault. (3) FEDERAL SHARE.—Notwithstanding sub- section (c), the Secretary may provide 70 per- cent improvement grants for projects under- taken by a State for the purposes described in this subsection. (Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3172; Pub. L. 116–9, title III, § 3001(c), Mar. 12, 2019, 133 Stat. 755.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 200305 ......... 16 U.S.C. 460l–8(less (b)(5) (last sen- tence)). Pub. L. 88–578, title I, § 6, formerly § 5(less (b)(5) (last sentence)), Sept. 3, 1964, 78 Stat. 900; renum- bered § 6, Pub. L. 92–347, § 2, July 11, 1972, 86 Stat. 459; Pub. L. 93–303, § 2, June 7, 1974, 88 Stat. 194; Pub. L. 94–422, title I, § 101(3), Sept. 28, 1976, 90 Stat. 1314. 1315; Pub. L. 95–625, title VI, § 606, Nov. 10, 1978, 92 Stat. 3519; Pub. L. 99–645, title III, § 303, Nov. 10, 1986, 100 Stat. 3587; Pub. L. 103–322, title IV, § 40133, Sept. 13, 1994, 108 Stat. 1918; Pub. L. 103–437, § 6(p)(2), Nov. 2, 1994, 108 Stat. 4586; Pub. L. 104–333, div. I, title VIII, § 814(d)(1)(H), Nov. 12, 1996, 110 Stat. 4196. In subsection (b)(5), the words ‘‘(when such islands achieve Commonwealth status)’’ are omitted as obso- lete. In subsection (c), the words ‘‘No payment may be made to any State for or on account of any cost or obli- gation incurred or any service rendered prior to Sep- tember 3, 1964’’ are omitted as obsolete. In subsection (d)(2), the words ‘‘Secretary of Housing and Urban Development’’ are substituted for ‘‘Housing and Home Finance Agency’’ because of 42 U.S.C. 3534. In subsection (d)(4), the words ‘‘For fiscal year 1988 and thereafter’’ are omitted as obsolete. In subsection (e)(3), the words ‘‘and after September 28, 1976’’ are omitted as obsolete. In subsection (f)(2), the words ‘‘chief executive offi- cial’’ are substituted for ‘‘Governor’’ for clarity and for consistency in the new title. In subsection (j), the words ‘‘(including those con- ducted pursuant to title VII of the Housing Act of 1961 and section 701 of the Housing Act of 1954)’’ are omitted as obsolete. The authority to make grants or loans under title VII terminated on December 31, 1974. Sec- tion 701 was repealed by section 313(b) of the Omnibus Budget Reconciliation Act of 1981 (Public Law 97–35, 95 Stat. 398). In subsection (k)(3), the words ‘‘and the remaining share of the cost shall be borne by the State’’ are omit- ted as unnecessary. Editorial Notes AMENDMENTS 2019—Subsec. (b)(5). Pub. L. 116–9 struck out par. (5) which read as follows: ‘‘For the purposes of paragraph (1), the District of Columbia, Puerto Rico, Guam, American Samoa, the Virgin Islands, and the Northern Mariana Islands shall be deemed to be one State, and shall receive shares of the apportionment in proportion to their populations.’’ § 200306. Allocation of Fund amounts for Federal purposes (a) ALLOWABLE PURPOSES AND SUBPURPOSES.— (1) IN GENERAL.—Amounts appropriated from the Fund for Federal purposes shall, unless otherwise allotted in the appropriation Act making them available, be allotted by the President for the purposes and subpurposes stated in this subsection. (2) ACQUISITION OF LAND, WATER, OR AN INTER- EST IN LAND OR WATER.— (A) SYSTEM UNITS AND RECREATION AREAS ADMINISTERED FOR RECREATION PURPOSES.— Amounts shall be allotted for the acquisi- tion of land, water, or an interest in land or water within the exterior boundary of— (i) a System unit authorized or estab- lished; and (ii) an area authorized to be adminis- tered by the Secretary for outdoor recre- ation purposes. (B) NATIONAL FOREST SYSTEM.— (i) IN GENERAL.—Amounts shall be allot- ted for the acquisition of land, water, or an interest in land or water within inholdings within— (I) wilderness areas of the National Forest System; and (II) other areas of national forests as the boundaries of those forests existed on January 1, 1965, or purchase units ap- proved by the National Forest Reserva- tion Commission subsequent to January 1, 1965, all of which other areas are pri- marily of value for outdoor recreation purposes. (ii) ADJACENT LAND.—Land outside but adjacent to an existing national forest boundary, not to exceed 3,000 acres in the case of any one forest, that would com- prise an integral part of a forest rec- reational management area may also be acquired with amounts appropriated from the Fund. (C) ENDANGERED SPECIES AND THREATENED SPECIES; FISH AND WILDLIFE REFUGE AREAS;