§ 460l–8. Financial assistance to States

(a) Authority of Secretary of the Interior; payments to carry out purposes of land and water conservation provisions

The Secretary of the Interior (hereinafter referred to as the “Secretary”) is authorized to provide financial assistance to the States from moneys available for State purposes. Payments may be made to the States by the Secretary as hereafter provided, subject to such terms and conditions as he considers appropriate and in the public interest to carry out the purposes of this part, for outdoor recreation: (1) planning, (2) acquisition of land, waters, or interests in land or waters, or (3) development.

(b) Apportionment among States; finality of administrative determination; formula; notification; reapportionment of unobligated amounts; definition of State Sums appropriated and available for State purposes for each fiscal year shall be apportioned among the several States by the Secretary, whose determination shall be final, in accordance with the following formula:

(1) Forty per centum of the first $225,000,000; thirty per centum of the next $275,000,000; and twenty per centum of all additional appropriations shall be apportioned equally among the several States; and of the Housing Act of 1954) and to assure coordination of the planning, acquisition, and development assistance to States under this section with other related Federal programs and activities, the President may issue such regulations with respect thereto as he deems desirable and such assistance may be provided only in accordance with such regulations.

(h) Capital improvement and other projects to reduce crime

(1) Availability of funds In addition to assistance for planning projects, and in addition to the projects identified in subsection (e) of this section, and from amounts appropriated out of the Violent Crime Reduction Trust Fund, the Secretary may provide financial assistance to the States, not to exceed $15,000,000, for projects or combinations thereof for the purpose of making capital improvements 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 phone lines to contact law enforcement or security personnel 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 increase the security and safety of public parks and recreation areas.

(2) Eligibility

In addition to the requirements for project approval imposed by this section, eligibility for assistance under this subsection shall be dependent upon a showing of need. In providing funds under this subsection, the Secretary shall give priority to projects proposed for urban parks and recreation areas with the highest rates of crime and, in particular, to urban parks and recreation areas with the highest rates of sexual assault.

(3) Federal share

Notwithstanding subsection (c) of this section, the Secretary may provide 70 percent improvement grants for projects undertaken by any State for the purposes described in this subsection, and the remaining share of the cost shall be borne by the State.

(Pub. L. 88–578, title I, § 6, formerly § 5, Sept. 3, 1964, 78 Stat. 900; renumbered § 6, Pub. L. 92–347, § 2, July 11, 1972, 86 Stat. 459; amended 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; 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.)

References In Text

References in Text

This part, referred to in text, was in the original “this Act”, meaning Pub. L. 88–578, Sept. 3, 1964, 78 Stat. 897, which is classified principally to this part. For complete classification of this Act to the Code, see Short Title note set out under section 460l–4 of this title and Tables.

The Housing Act of 1961, referred to in subsec. (g), is Pub. L. 87–70, June 30, 1961, 75 Stat. 149, as amended. Title VII of the Housing Act of 1961 was classified generally to chapter 8C (§ 1500 et seq.) of Title 42, The Public Health and Welfare, and was omitted from the Code pursuant to section 5316 of Title 42 which terminated authority to make grants or loans under title VII of that Act after Jan. 1, 1975. For complete classification of this Act to the Code, see Short Title of 1961 Amendment note set out under section 1701 of Title 12, Banks and Banking, and Tables.

Section 701 of the Housing Act of 1954, referred to in subsec. (g), is section 701 of act Aug. 2, 1954, ch. 649, title VII, 68 Stat. 640, as amended, which was classified to section 461 of former Title 40, Public Buildings, Property, and Works, and was repealed by Pub. L. 97–35, title III, § 313(b), Aug. 13, 1981, 95 Stat. 398.

Prior Provisions

Prior Provisions

A prior section 6 of Pub. L. 88–578 was renumbered section 7 and is classified to section 460l–9 of this title.

Amendments

Amendments

1996—Subsec. (f)(7). Pub. L. 104–333 struck out par. (7) relating to annual State evaluations, lists of funded projects, and reports.

1994—Subsec. (f)(7). Pub. L. 103–437 substituted “Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate” for “Committees on Interior and Insular Affairs of the United States Congress”.

Subsec. (h). Pub. L. 103–322 added subsec. (h).

1986—Subsec. (d). Pub. L. 99–645, § 303(1), inserted provision requiring that for fiscal year 1988 and thereafter, each comprehensive statewide outdoor recreation plan specifically address wetlands within the State as an important outdoor recreation resource, or alternatively, submission of a wetlands priority plan developed in consultation with the State agency responsible for fish and wildlife resources in the State.

Subsec. (e)(1). Pub. L. 99–645, § 303(2), inserted “, or wetland areas and interests therein as identified in the wetlands provisions of the comprehensive plan”.

Subsec. (f)(3). Pub. L. 99–645, § 303(3), inserted provision that wetland areas and interests therein as identified in the wetlands provisions of the comprehensive plan and proposed to be acquired as suitable replacement property within that same State that is otherwise acceptable to the Secretary, acting through the Director of the National Park Service, shall be considered to be of reasonably equivalent usefulness with the property proposed for conversion.

1978—Subsec. (f)(7). Pub. L. 95–625 provided that grant program evaluations be transmitted so as to be received by the Secretary no later than December 31 and that reports to Congressional committees be made by no later than March 1 of each year.

1976—Subsec. (a). Pub. L. 94–422 reenacted subsec. (a) without change.

Subsec. (b)(1). Pub. L. 94–422 substituted “Forty per centum of the first $275,000,000; thirty per centum of the next $275,000,000; and twenty per centum of all additional appropriations” for “two-fifths”.

Subsec. (b)(2). Pub. L. 94–422 substituted “At any time, the remaining appropriations” for “three-fifths”.

Subsec. (b)(3). Pub. L. 94–422 designated as par. (3) the first paragraph following par. (2), and substituted “10 per centum” for “7 per centum”.

Subsec. (b)(4). Pub. L. 94–422 designated as par. (4) the second paragraph following par. (2), and substituted “in accordance with paragraph 2 of this subsection, without regard to the 10 per centum limitation to an individual State specified in this subsection” for “in accordance with paragraph 2 of this subsection”.

Subsec. (b)(5). Pub. L. 94–422 designated as par. (5) the third paragraph following par. (2), and added Northern Mariana Islands to those areas to be treated and provision that such areas be treated collectively as one State for purposes of subsec. (b)(1) and substituted requirement that a State shall receive shares of apportionment in proportion to their population for requirement that the State’s population shall be included as part of the total population in computing apportionment under subsec. (b)(2).

Subsec. (c). Pub. L. 94–422 reenacted subsec. (c) without change.

Subsec. (d). Pub. L. 94–422 inserted proviso that no plan shall be approved unless certified by the Governor that public participation in plan development and revision has been accorded and that the Secretary shall develop criteria for public participation to form basis of certification by Governor.

Subsec. (e). Pub. L. 94–422 inserted proviso that no assistance shall be available under this part to enclose or shelter facilities normally used for outdoor recreation activities and authorized Secretary to permit local funding after Sept. 28, 1976, not to exceed 10 per centum of total amount allocated to States.

Subsec. (f). Pub. L. 94–422 designated existing six paragraphs as pars. (1) to (6), respectively, and added pars. (7) and (8).

Subsec. (g). Pub. L. 94–422 reenacted subsec. (g) without change.

1974—Subsec. (e)(1). Pub. L. 93–303 inserted sentence relating to waiver of benefits by an owner of a single-family residence who elects to retain a right of use and occupancy for not less than six months from the date of acquisition of the residence.

Transfer Of Functions

Transfer of Functions

All functions of the Housing and Home Finance Agency and the Administrator thereof were transferred to the Secretary of Housing and Urban Development by section 5(a) of the Department of Housing and Urban Development Act (Pub. L. 89–174, Sept. 9, 1965, 79 Stat. 669) which is classified to section 3534(a) of Title 42, The Public Health and Welfare.

Executive Order

Executive Order No. 11237

Ex. Ord. No. 11237, July 27, 1965, 30 F.R. 9433, which related to coordinating planning and acquisition of land under outdoor recreation and open space programs, was revoked by Ex. Ord. No. 12553, Feb. 25, 1986, 51 F.R. 7237.