HR 5820 IHCommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink

April 16, 2008

Mr. ALLEN (for himself and Mr. MICHAUD) introduced the following bill; which was referred to the Committee on Natural ResourcesCommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the `Traditional Use Protection Act of 2008'.CommentsClose CommentsPermalink

SEC. 2. SUPPORT FOR THE TRADITIONAL USE OF LANDS.

(a) 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--CommentsClose CommentsPermalink





(1) to acquire the rights to land to make such land available to the public for traditional use; andCommentsClose CommentsPermalink





(2) 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.CommentsClose CommentsPermalink





(b) Requirements for Use of Funds-CommentsClose CommentsPermalink





(1) IN GENERAL- A State shall use the funds received under this section only--CommentsClose CommentsPermalink





(A) 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; andCommentsClose CommentsPermalink





(B) 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.CommentsClose CommentsPermalink





(2) 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.CommentsClose CommentsPermalink





(3) EMINENT DOMAIN PROHIBITED- A State may not use funds received through a grant under subsection (a) to acquire land through eminent domain.CommentsClose CommentsPermalink





(c) 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.CommentsClose CommentsPermalink





(d) Application-CommentsClose CommentsPermalink





(1) 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.CommentsClose CommentsPermalink





(2) CONTENTS- The application shall include the following:CommentsClose CommentsPermalink





(A) 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).CommentsClose CommentsPermalink





(B) Certification by the State that the State maintains a landowner relations program.CommentsClose CommentsPermalink





(C) A copy of the comprehensive State plan.CommentsClose CommentsPermalink





(D) Such information as the Chief may require.CommentsClose CommentsPermalink





(e) 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.CommentsClose CommentsPermalink





(f) 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.CommentsClose CommentsPermalink





(g) 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).CommentsClose CommentsPermalink





(h) Definitions- For purposes of this section:CommentsClose CommentsPermalink





(1) CHIEF- The term `Chief' means the Chief of the Forest Service.CommentsClose CommentsPermalink





(2) 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--CommentsClose CommentsPermalink





(A) is developed through a process that involves interested persons from both the public and private sectors, including landowners; andCommentsClose CommentsPermalink





(B) includes strategies for developing partnerships between the public and private sectors to develop, improve, and preserve traditional recreational opportunities.CommentsClose CommentsPermalink





(3) LANDOWNER RELATIONS PROGRAM- The term `landowner relations program' means a program established by the State that--CommentsClose CommentsPermalink





(A) engages private landowners to facilitate public access to their property for traditional use;CommentsClose CommentsPermalink





(B) addresses the concerns of landowners relating to public access to private land; andCommentsClose CommentsPermalink





(C) serves as a clearinghouse for information about rules, regulations, certifications, and procedures for land use.CommentsClose CommentsPermalink





(4) PROGRAM- The term `program' means the grant program established under subsection (a).CommentsClose CommentsPermalink





(5) TRADITIONAL USE-CommentsClose CommentsPermalink





(A) 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.CommentsClose CommentsPermalink





(B) EXCLUSION- The term `traditional use' does not include residential or commercial development.CommentsClose CommentsPermalink

SEC. 3. 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.CommentsClose CommentsPermalink