817 



(b) Apportionment among States; finality of adminis- 

 trative determination; formula; notification; re- 

 apportionment of unobligated amounts; definition 

 of State. 



Sums appropriated and available for State pur- 

 poses 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 appropria- 

 tions shall be apportioned equally among the 

 several States; and 



(2) At any time, the remaining appropriation 

 shall be apportioned on the basis of need to in- 

 dividual States by the Secretary in such amounts 

 as in his judgment will best accomplish the pur- 

 poses of this Act. The determination of need 

 shall include among other things a consideration 

 of the proportion which the population of each 

 State bears to the total population of the United 

 States and of the use of outdoor recreation re- 

 sources of individual States by persons from out- 

 side the State as well as a consideration of the 

 Federal resources and programs in the particiUar 

 States. 



(3) The total allocation to an individual State 

 under paragraphs (1) and (2) of this subsection 

 shall not exceed 10 per centum of the total 

 amount allocated to the several States in any one 

 year. 



(4) The Secretary shall notify each State of 

 Its apportionments; and the amounts thereof 

 shall be available thereafter for payment to such 

 State for planning, acquisiton, or development 

 projects as hereafter prescribed. Any amount of 

 any apportionment that has not been paid or 

 obligated by the Secretary during the fiscal year 

 in which such notification is given and for two 

 fiscal years thereafter shall be reapportioned by 

 the Secretary in accordance with paragraph (2) 

 of this subsection, without regard to the 10 per 

 centum limitation to an individual State speci- 

 fied in this subsection. 



(5) For the purposes of paragraph (1) of this 

 subsection, the District of Columbia, Puerto Rico, 

 the Virgin Islands, Guam, American Samoa, and 

 the Commonwealth of the Northern Mariana 

 Islands (when such inlands achieve Common- 

 wealth status) shall be treated collectively as one 

 State, and shall receive shares of such appor- 

 tionment in proportion to their populations. The 

 above listed areas shall be treated as States for 

 all other purposes of this title. 



(c) Matching requirements. 



Payments to any State shall cover not more than 

 50 per centum of the cost of planning, acquisition, 

 or development projects that are undertaken by the 

 State. The remaining share of the cost shall be 

 borne by the State in a manner and with such funds 

 or services as shall be satisfactory to the Secretary. 

 No payment may be made to any State for or on 

 account of any cost or obligation incurred on any 

 service rendered prior to September 3, 1964. 



(d) Comprehensive State plan; necessity; adequacy; 

 contents; correlation with other plans; factors 

 for formulation of Housing and Home Finance 

 Agency financed plans; planning projects. 

 A comprehensive statewide outdoor recreation 

 plan shall be required prior to the consideration by 

 the Secretary of financial 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 sections 460i-4 to 

 460H1 of this title: Provided, That no plan shall 

 be approved unless the Governor of the respective 

 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 partici- 

 pation, which criteria shall constitute the basis for 

 the certification by the Governor. The plan shall 

 contain — 



( 1 ) the name of the State agency that will have 

 authority to represent and act for the State in 

 dealing with the Secretary for purposes of sections 

 4601-4 to 460/-11 of this title; 



(2) an evaluation of the demand for and sup- 

 ply of outdoor recreation resources and facilities 

 in the State : 



(3) a program for the implementation of the 

 plan; and 



(4) other necessary information, as may be de- 

 termined by the Secretary. 



The plan shall take into account relevant Federal 

 resources and programs and shall be correlated so 

 far as practicable with other State, regional, and 

 local plans. Where there exists or is in preparation 

 for any particular State a comprehensive plan fi- 

 nanced in part with funds supplied by the Housing 

 and Home Finance Agency, any statewide outdoor 

 recreation plan prepared for purposes of section 

 4601-4 to 4601-11 of this title shall be based upon 

 the same population, growth, and other pertinent 

 factors as are used in formulating the Housing and 

 Home Finance Agency financed plans. 



The Secretary may provide financial assistance to 

 any State for projects for the preparation of a com- 

 prehensive statewide outdoor recreation plan when 

 such plan is not otherwise available or for the main- 

 tenance of such plan. 



(e) Projects for land and water acquisition; develop- 

 ment. 



In addition to assistance for planning projects, the 

 Secretary may provide financial assistance to any 

 State for the following types of projects or combina- 

 tions thereof if they are in accordance with the State 

 comprehensive plan: 



(1) For the acquisition of land, waters, or In- 

 terests in land or waters (other than land, waters, 

 or interests in land or waters acquired from the 

 United States for less than fair market value), 

 but not including incidehtal costs relating to ac- 

 quisition. Whenever a State provides that the 

 owner of a single-family residence may, at his op- 

 tion, elect to retain a right of use and occupancy 

 for not less than six months from the date of ac- 

 quisition of such residence and such owner elects 

 to retain such a right, such owner shall be deemed 



