[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5820 Introduced in House (IH)]







110th CONGRESS
  2d Session
                                H. R. 5820

  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.


_______________________________________________________________________


                    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.

    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 ``Traditional Use Protection Act of 
2008''.

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--
            (1) to acquire the rights to land to make such land 
        available to the public for traditional use; and
            (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.
    (b) Requirements for Use of Funds.--
            (1) In general.--A State shall use the funds received under 
        this section only--
                    (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; and
                    (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.
            (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.
            (3) Eminent domain prohibited.--A State may not use funds 
        received through a grant under subsection (a) to acquire land 
        through eminent domain.
    (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.
    (d) Application.--
            (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.
            (2) Contents.--The application shall include the following:
                    (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).
                    (B) Certification by the State that the State 
                maintains a landowner relations program.
                    (C) A copy of the comprehensive State plan.
                    (D) Such information as the Chief may require.
    (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.
    (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.
    (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).
    (h) Definitions.--For purposes of this section:
            (1) Chief.--The term ``Chief'' means the Chief of the 
        Forest Service.
            (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--
                    (A) is developed through a process that involves 
                interested persons from both the public and private 
                sectors, including landowners; and
                    (B) includes strategies for developing partnerships 
                between the public and private sectors to develop, 
                improve, and preserve traditional recreational 
                opportunities.
            (3) Landowner relations program.--The term ``landowner 
        relations program'' means a program established by the State 
        that--
                    (A) engages private landowners to facilitate public 
                access to their property for traditional use;
                    (B) addresses the concerns of landowners relating 
                to public access to private land; and
                    (C) serves as a clearinghouse for information about 
                rules, regulations, certifications, and procedures for 
                land use.
            (4) Program.--The term ``program'' means the grant program 
        established under subsection (a).
            (5) Traditional use.--
                    (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.
                    (B) Exclusion.--The term ``traditional use'' does 
                not include residential or commercial development.

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.
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