Traditional Use Protection Act of 2008 - Directs the Forest Service to establish a grant program to allow states to acquire land rights in perpetuity in order to preserve and maintain such land for traditional use (hunting, fishing, access to water, motorized recreation, hiking, bird watching, and non-motorized recreational activities) by the public, or to make subgrants to an entity for such purposes.
Requires that land rights be acquired only from a willing seller. Prohibits acquisition through eminent domain.
[Congressional Bills 110th Congress]
[From the U.S. Government Printing 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.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Natural Resources.
Referred to the Subcommittee on National Parks, Forests and Public Lands.
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