Outdoor Recreation Authority (16 U.S.C. § 460l-1(h) Donations

§ 460k–4

TITLE 16—CONSERVATION

under section 3551 of Title 18, Crimes and Criminal Procedure.

§ 460k–4. Authorization of appropriations
There is authorized to be appropriated such
funds as may be necessary to carry out the purposes of this subchapter, including the construction and maintenance of public recreational facilities.
(Pub. L. 87–714, § 5, Sept. 28, 1962, 76 Stat. 654.)
SUBCHAPTER LXIX—OUTDOOR
RECREATION PROGRAMS
PART A—COORDINATION OF PROGRAMS
§ 460l. Congressional findings and declaration of
policy
The Congress finds and declares it to be desirable that all American people of present and future generations be assured adequate outdoor
recreation resources, and that it is desirable for
all levels of government and private interests to
take prompt and coordinated action to the extent practicable without diminishing or affecting their respective powers and functions to conserve, develop, and utilize such resources for the
benefit and enjoyment of the American people.
(Pub. L. 88–29, § 1, May 28, 1963, 77 Stat. 49.)
ENVIRONMENTAL QUALITY COUNCIL
For functions of the Environmental Quality Council
concerning outdoor recreation, see sections 102 and 103
of Ex. Ord. No. 11472, May 29, 1969, 34 F.R. 8693, set out
as a note under section 4321 of Title 42, The Public
Health and Welfare.
A 21ST CENTURY STRATEGY FOR AMERICA’S GREAT
OUTDOORS
Memorandum of President of the United States, Apr.
16, 2010, 75 F.R. 20767, provided:
Memorandum for the Secretary of the Interior[,] the
Secretary of Agriculture[,] the Administrator of the
Environmental Protection Agency[, and] the Chair of
the Council on Environmental Quality
Americans are blessed with a vast and varied natural
heritage. From mountains to deserts and from sea to
shining sea, America’s great outdoors have shaped the
rugged independence and sense of community that define the American spirit. Our working landscapes, cultural sites, parks, coasts, wild lands, rivers, and
streams are gifts that we have inherited from previous
generations. They are the places that offer us refuge
from daily demands, renew our spirits, and enhance our
fondest memories, whether they are fishing with a
grandchild in a favorite spot, hiking a trail with a
friend, or enjoying a family picnic in a neighborhood
park. They also are our farms, ranches, and forests—
the working lands that have fed and sustained us for
generations. Americans take pride in these places, and
share a responsibility to preserve them for our children
and grandchildren.
Today, however, we are losing touch with too many
of the places and proud traditions that have helped to
make America special. Farms, ranches, forests, and
other valuable natural resources are disappearing at an
alarming rate. Families are spending less time together
enjoying their natural surroundings. Despite our conservation efforts, too many of our fields are becoming
fragmented, too many of our rivers and streams are becoming polluted, and we are losing our connection to
the parks, wild places, and open spaces we grew up with
and cherish. Children, especially, are spending less
time outside running and playing, fishing and hunting,
and connecting to the outdoors just down the street or
outside of town.

Page 564

Across America, communities are uniting to protect
the places they love, and developing new approaches to
saving and enjoying the outdoors. They are bringing together farmers and ranchers, land trusts, recreation
and conservation groups, sportsmen, community park
groups, governments and industry, and people from all
over the country to develop new partnerships and innovative programs to protect and restore our outdoors
legacy. However, these efforts are often scattered and
sometimes insufficient. The Federal Government, the
Nation’s largest land manager, has a responsibility to
engage with these partners to help develop a conservation agenda worthy of the 21st Century. We must look
to the private sector and nonprofit organizations, as
well as towns, cities, and States, and the people who
live and work in them, to identify the places that mean
the most to Americans, and leverage the support of the
Federal Government to help these community-driven
efforts to succeed. Through these partnerships, we will
work to connect these outdoor spaces to each other,
and to reconnect Americans to them.
For these reasons, it is hereby ordered as follows:
SECTION 1. Establishment.
(a) There is established the America’s Great Outdoors
Initiative (Initiative), to be led by the Secretaries of
the Interior and Agriculture, the Administrator of the
Environmental Protection Agency, and the Chair of the
Council on Environmental Quality (CEQ) and implemented in coordination with the agencies listed in section 2(b) of this memorandum. The Initiative may include the heads of other executive branch departments,
agencies, and offices (agencies) as the President may,
from time to time, designate.
(b) The goals of the Initiative shall be to:
(i) Reconnect Americans, especially children, to
America’s rivers and waterways, landscapes of national
significance, ranches, farms and forests, great parks,
and coasts and beaches by exploring a variety of efforts, including:
(A) promoting community-based recreation and
conservation, including local parks, greenways,
beaches, and waterways;
(B) advancing job and volunteer opportunities related to conservation and outdoor recreation; and
(C) supporting existing programs and projects that
educate and engage Americans in our history, culture, and natural bounty.
(ii) Build upon State, local, private, and tribal priorities for the conservation of land, water, wildlife, historic, and cultural resources, creating corridors and
connectivity across these outdoor spaces, and for enhancing neighborhood parks; and determine how the
Federal Government can best advance those priorities
through public private partnerships and locally supported conservation strategies.
(iii) Use science-based management practices to restore and protect our lands and waters for future generations.
SEC. 2. Functions. The functions of the Initiative shall
include:
(a) Outreach. The Initiative shall conduct listening
and learning sessions around the country where land
and waters are being conserved and community parks
are being established in innovative ways. These sessions should engage the full range of interested groups,
including tribal leaders, farmers and ranchers, sportsmen, community park groups, foresters, youth groups,
businesspeople, educators, State and local governments, and recreation and conservation groups. Special
attention should be given to bringing young Americans
into the conversation. These listening sessions will inform the reports required in subsection (c) of this section.
(b) Interagency Coordination. The following agencies
shall work with the Initiative to identify existing resources and align policies and programs to achieve its
goals:
(i) the Department of Defense;
(ii) the Department of Commerce;
(iii) the Department of Housing and Urban Development;

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TITLE 16—CONSERVATION

(iv) the Department of Health and Human Services;
(v) the Department of Labor;
(vi) the Department of Transportation;
(vii) the Department of Education; and
(viii) the Office of Management and Budget (OMB).
(c) Reports. The Initiative shall submit, through the
Chair of the CEQ, the following reports to the President:
(i) Report on America’s Great Outdoors. By November 15, 2010, the Initiative shall submit a report that includes the following:
(A) a review of successful and promising nonfederal
conservation approaches;
(B) an analysis of existing Federal resources and
programs that could be used to complement those approaches;
(C) proposed strategies and activities to achieve the
goals of the Initiative; and
(D) an action plan to meet the goals of the Initiative.
The report should reflect the constraints in resources
available in, and be consistent with, the Federal budget. It should recommend efficient and effective use of
existing resources, as well as opportunities to leverage
nonfederal public and private resources and nontraditional conservation programs.
(ii) Annual reports. By September 30, 2011, and September 30, 2012, the Initiative shall submit reports on
its progress in implementing the action plan developed
pursuant to subsection (c)(i)(D) of this section.
SEC. 3. General Provisions.
(a) This memorandum shall be implemented consistent with applicable law and subject to the availability
of any necessary appropriations.
(b) This memorandum does not create any right or
benefit, substantive or procedural, enforceable at law
or in equity by any party against the United States, its
departments, agencies, or entities, its officers, employees, or agents, or any other person.
(c) The heads of executive departments and agencies
shall assist and provide information to the Initiative,
consistent with applicable law, as may be necessary to
carry out the functions of the Initiative. Each executive department and agency shall bear its own expenses
of participating in the Initiative.
(d) Nothing in this memorandum shall be construed
to impair or otherwise affect the functions of the Director of the OMB relating to budgetary, administrative,
or legislative proposals.
(e) The Chair of the CEQ is authorized and directed to
publish this memorandum in the Federal Register.
BARACK OBAMA.

§ 460l–1. Powers and duties of Secretary of the
Interior
In order to carry out the purposes of this part,
the Secretary of the Interior is authorized to
perform the following functions and activities:
(a) Inventory and evaluation of needs and resources
Prepare and maintain a continuing inventory
and evaluation of outdoor recreation needs and
resources of the United States.
(b) Classification of resources
Prepare a system for classification of outdoor
recreation resources to assist in the effective
and beneficial use and management of such resources.
(c) Nationwide plan; contents; problems, solutions and actions; initial plan; revisions of
plan; transmittal to Congress and Governors
Formulate and maintain a comprehensive nationwide outdoor recreation plan, taking into
consideration the plans of the various Federal

§ 460l–1

agencies, States, and their political subdivisions. The plan shall set forth the needs and demands of the public for outdoor recreation and
the current and foreseeable availability in the
future of outdoor recreation resources to meet
those needs. The plan shall identify critical outdoor recreation problems, recommend solutions,
and recommend desirable actions to be taken at
each level of government and by private interests. The Secretary shall transmit the initial
plan, which shall be prepared as soon as practicable within five years on and after May 28,
1963, to the President for transmittal to the Congress. Future revisions of the plan shall be similarly transmitted at succeeding five-year intervals. When a plan or revision is transmitted to
the Congress, the Secretary shall transmit copies to the Governors of the several States.
(d) Technical assistance and advice; cooperation
with States and private interests
Provide technical assistance and advice to and
cooperate with States, political subdivisions,
and private interests, including nonprofit organizations, with respect to outdoor recreation.
(e) Interstate and regional cooperation
Encourage interstate and regional cooperation
in the planning, acquisition, and development of
outdoor recreation resources.
(f) Research and education
(1) Sponsor, engage in, and assist in research
relating to outdoor recreation, directly or by
contract or cooperative agreements, and make
payments for such purposes without regard to
the limitations of section 3324(a) and (b) of title
31 concerning advances of funds when he considers such action in the public interest, (2) undertake studies and assemble information concerning outdoor recreation, directly or by contract
or cooperative agreement, and disseminate such
information without regard to the provisions of
section 3204 of title 39, and (3) cooperate with
educational institutions and others in order to
assist in establishing education programs and
activities and to encourage public use and benefits from outdoor recreation.
(g) Federal interdepartmental cooperation; coordination of Federal plans and activities;
expenditures; reimbursement
(1) Cooperate with and provide technical assistance to Federal departments and agencies
and obtain from them information, data, reports, advice, and assistance that are needed and
can reasonably be furnished in carrying out the
purposes of this part, and (2) promote coordination of Federal plans and activities generally relating to outdoor recreation. Any department or
agency furnishing advice or assistance hereunder may expend its own funds for such purposes, with or without reimbursement, as may
be agreed to by that agency.
(h) Donations
Accept and use donations of money, property,
personal services, or facilities for the purposes
of this part.
(Pub. L. 88–29, § 2, May 28, 1963, 77 Stat. 49; Pub.
L. 91–375, § 6(h), Aug. 12, 1970, 84 Stat. 776.)

§ 460l–2

TITLE 16—CONSERVATION
CODIFICATION

In subsec. (f), ‘‘section 3324(a) and (b) of title 31’’ substituted for ‘‘section 3648 of the Revised Statutes (31
U.S.C. 529)’’ on authority of Pub. L. 97–258, § 4(b), Sept.
13, 1982, 96 Stat. 1067, the first section of which enacted
Title 31, Money and Finance.
AMENDMENTS
1970—Subsec. (f). Pub. L. 91–375 substituted ‘‘section
3204 of title 39’’ for ‘‘section 4154 of title 39’’.
EFFECTIVE DATE OF 1970 AMENDMENT
For effective date of amendment by Pub. L. 91–375,
see section 15(a) of Pub. L. 91–375, set out as an Effective Dates note preceding section 101 of Title 39, Postal
Service.
TERMINATION OF REPORTING REQUIREMENTS
For termination, effective May 15, 2000, of provisions
in subsec. (c) of this section relating to transmittal to
Congress, at five-year intervals, of revisions of nationwide outdoor recreation plan, see section 3003 of Pub. L.
104–66, as amended, set out as a note under section 1113
of Title 31, Money and Finance, and page 112 of House
Document No. 103–7.
STUDY REGARDING IMPROVED OUTDOOR RECREATIONAL
ACCESS FOR PERSONS WITH DISABILITIES
Pub. L. 105–359, § 1, Nov. 10, 1998, 112 Stat. 3275, provided that:
‘‘(a) STUDY REQUIRED.—The Secretary of Agriculture
and the Secretary of the Interior shall jointly conduct
a study regarding ways to improve the access for persons with disabilities to outdoor recreational opportunities (such as fishing, hunting, trapping, wildlife viewing, hiking, boating, and camping) made available to
the public on the Federal lands described in subsection
(b).
‘‘(b) COVERED FEDERAL LANDS.—The Federal lands referred to in subsection (a) are the following:
‘‘(1) National Forest System lands.
‘‘(2) Units of the National Park System.
‘‘(3) Areas in the National Wildlife Refuge System.
‘‘(4) Lands administered by the Bureau of Land
Management.
‘‘(c) REPORT ON STUDY.—Not later than 18 months
after the date of the enactment of this Act [Nov. 10,
1998], the Secretaries shall submit to Congress a report
containing the results of the study.’’
CONNECTICUT RIVER NATIONAL RECREATION AREA
FEASIBILITY STUDY
Pub. L. 89–616, Oct. 3, 1966, 80 Stat. 867, directed Secretary of the Interior to study, investigate, and formulate recommendations on feasibility and desirability of
establishing all or parts of Connecticut River Valley
from its source to its mouth, in States of Connecticut,
Massachusetts, Vermont, and New Hampshire, as a
Connecticut River National Recreation Area and to
submit to President, within two years after Oct. 3, 1966,
a report of his findings and recommendations, with
President to submit to Congress such recommendations, including legislation, as he deemed appropriate.

§ 460l–2. Consultations of Secretary of the Interior with administrative officers; execution
of administrative responsibilities in conformity with nationwide plan
In order further to carry out the policy declared in section 460l of this title, the heads of
Federal departments and independent agencies
having administrative responsibility over activities or resources the conduct or use of which
is pertinent to fulfillment of that policy shall,
either individually or as a group, (a) consult
with and be consulted by the Secretary from

Page 566

time to time both with respect to their conduct
of those activities and their use of those resources and with respect to the activities which
the Secretary of the Interior carries on under
authority of this part which are pertinent to
their work, and (b) carry out such responsibilities in general conformance with the nationwide plan authorized under section 460l–1(c) of
this title.
(Pub. L. 88–29, § 3, May 28, 1963, 77 Stat. 50.)
§ 460l–3. Definitions
As used in this part, the term ‘‘United States’’
shall include the District of Columbia and the
terms ‘‘United States’’ and ‘‘States’’ may, to the
extent practicable, include the Commonwealth
of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Trust Territory of the Pacific
Islands, and the Commonwealth of the Northern
Mariana Islands.
(Pub. L. 88–29, § 4, May 28, 1963, 77 Stat. 50; Pub.
L. 96–205, title VI, § 608(c), Mar. 12, 1980, 94 Stat.
92.)
AMENDMENTS
1980—Pub. L. 96–205 inserted references to the Trust
Territory of the Pacific Islands and the Commonwealth
of the Northern Mariana Islands.
TERMINATION OF TRUST TERRITORY OF THE PACIFIC
ISLANDS
For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title
48, Territories and Insular Possessions.

PART B—LAND AND WATER CONSERVATION FUND
§ 460l–4. Land and water conservation provisions; statement of purposes
The purposes of this part are to assist in preserving, developing, and assuring accessibility
to all citizens of the United States of America of
present and future generations and visitors who
are lawfully present within the boundaries of
the United States of America such quality and
quantity of outdoor recreation resources as may
be available and are necessary and desirable for
individual active participation in such recreation and to strengthen the health and vitality
of the citizens of the United States by (1) providing funds for and authorizing Federal assistance
to the States in planning, acquisition, and development of needed land and water areas and
facilities and (2) providing funds for the Federal
acquisition and development of certain lands
and other areas.
(Pub. L. 88–578, title I, § 1(b), Sept. 3, 1964, 78
Stat. 897.)
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 below and Tables.
EFFECTIVE DATE
Pub. L. 88–578, title I, § 1(a), Sept. 3, 1964, 78 Stat. 897,
provided in part that: ‘‘This Act [see Short Title note
below] shall become effective on January 1, 1965.’’
SHORT TITLE
Pub. L. 88–578, title I, § 1(a), Sept. 3, 1964, 78 Stat. 897,
provided in part that: ‘‘This Act [enacting this part,

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TITLE 16—CONSERVATION

amending section 460d, repealing section 14 of this title,
and amending provisions set out as a note under section 120 of Title 23, Highways] may be cited as the
‘Land and Water Conservation Fund Act of 1965’.’’
SURVEY OF ENTRANCE AND USER FEES
Secretary of the Interior required by section 4 of Pub.
L. 91–308, July 7, 1970, 84 Stat. 410 to complete a survey
as to policy to be implemented with regard to entrance
and user fees and to report his findings to Senate and
House Committees on Interior and Insular Affairs on or
before Feb. l, 1971.

(Pub. L. 88–578, title I, § 2, Sept. 3, 1964, 78 Stat.
897; Pub. L. 89–72, § 11, July 9, 1965, 79 Stat. 218;
Pub. L. 90–401, §§ 1(a), 2, July 15, 1968, 82 Stat. 354,
355; Pub. L. 91–308, § 2, July 7, 1970, 84 Stat. 410;
Pub. L. 91–485, § 1, Oct. 22, 1970, 84 Stat. 1084; Pub.
L. 94–273, § 2(7), Apr. 21, 1976, 90 Stat. 375; Pub. L.
94–422, title I, § 101(1), Sept. 28, 1976, 90 Stat. 1313;
Pub. L. 95–42, § 1(1), June 10, 1977, 91 Stat. 210;
Pub. L. 100–203, title V, § 5201(f)(1), Dec. 22, 1987,
101 Stat. 1330–267.)
REFERENCES IN TEXT

§ 460l–5. Land and water conservation fund; establishment; covering certain revenues and
collections into fund
During the period ending September 30, 2015,
there shall be covered into the land and water
conservation fund in the Treasury of the United
States, which fund is hereby established and is
hereinafter referred to as the ‘‘fund’’, the following revenues and collections:
(a) Surplus property sales
All proceeds (except so much thereof as may
be otherwise obligated, credited, or paid under
authority of those provisions of law set forth in
section 572(a) or 574(a)–(c) of title 40 or the Independent Offices Appropriation Act, 1963 (76 Stat.
725) or in any later appropriation Act) hereafter
received from any disposal of surplus real property and related personal property under chapters 1 to 11 of title 40 and division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and
4711) of subtitle I of title 41, notwithstanding
any provision of law that such proceeds shall be
credited to miscellaneous receipts of the Treasury. Nothing in this part shall affect existing
laws or regulations concerning disposal of real
or personal surplus property to schools, hospitals, and States and their political subdivisions.
(b) Motorboat fuels tax
The amounts provided for in section 460l–11 of
this title.
(c) Other revenues
(1) In addition to the sum of the revenues and
collections estimated by the Secretary of the Interior to be covered into the fund pursuant to
this section, as amended, there are authorized to
be appropriated annually to the fund out of any
money in the Treasury not otherwise appropriated such amounts as are necessary to make
the income of the fund not less than $300,000,000
for fiscal year 1977, and $900,000,000 for fiscal
year 1978 and for each fiscal year thereafter
through September 30, 2015.
(2) To the extent that any such sums so appropriated are not sufficient to make the total annual income of the fund equivalent to the
amounts provided in clause (1), an amount sufficient to cover the remainder thereof shall be
credited to the fund from revenues due and payable to the United States for deposit in the
Treasury as miscellaneous receipts under the
Outer Continental Shelf Lands Act, as amended
(43 U.S.C. 1331 et seq.): Provided, That notwithstanding the provisions of section 460l–6 of this
title, moneys covered into the fund under this
paragraph shall remain in the fund until appropriated by the Congress to carry out the purpose
of this part.

The provisions of the Independent Offices Appropriation Act, referred to in subsec. (a), are the provisions of
Pub. L. 87–741, Oct. 3, 1962, 76 Stat. 716, appearing under
the heading ‘‘Operating Expenses, Utilization and Disposal Service’’ which were not classified to the Code.
This part, referred to in subsecs. (a) and (c)(2), 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 Outer Continental Shelf Lands Act, referred to in
subsec. (c)(2), is act Aug. 7, 1953, ch. 345, 67 Stat. 462, as
amended, which is classified generally to subchapter III
(§ 1331 et seq.) of chapter 29 of Title 43, Public Lands.
For complete classification of this Act to the Code, see
Short Title note set out under section 1331 of Title 43
and Tables.
CODIFICATION
In subsec. (a), ‘‘Section 572(a) or 574(a)–(c) of title 40’’
substituted for ‘‘section 485(b)(e), title 40, United States
Code,’’ on authority of Pub. L. 107–217, § 5(c), Aug. 21,
2002, 116 Stat. 1303, which Act enacted Title 40, Public
Buildings, Property, and Works.
In subsec. (a), ‘‘chapters 1 to 11 of title 40 and division
C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710,
and 4711) of subtitle I of title 41’’ substituted for ‘‘the
Federal Property and Administrative Services Act of
1949, as amended’’ on authority of Pub. L. 107–217, § 5(c),
Aug. 21, 2002, 116 Stat. 1303, which Act enacted Title 40,
Public Buildings, Property, and Works, and Pub. L.
111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.
AMENDMENTS
1987—Pub. L. 100–203 substituted ‘‘2015’’ for ‘‘1989’’ in
introductory provisions and in subsec. (c)(1).
1977—Subsec. (c)(1). Pub. L. 95–42 substituted ‘‘and
$900,000,000 for fiscal year 1978’’ for ‘‘$600,000,000 for fiscal year 1978, $750,000,000 for fiscal year 1979, and
$900,000,000 for fiscal year 1980’’.
1976—Pub. L. 94–422 struck out ‘‘, and during such additional period as may be required to repay any advances made pursuant to section 460l–7(b) of this title’’
after ‘‘September 30, 1989’’ in provisions preceding subsec. (a).
Pub. L. 94–273 substituted ‘‘September’’ for ‘‘June’’
wherever appearing.
Subsec. (a). Pub. L. 94–422 reenacted subsec. (a) without change except for reference to section 485(b)(e)
which as originally enacted read ‘‘section 485(b)–(e)’’.
Subsec. (b). Pub. L. 94–422 reenacted subsec. (b) without change.
Subsec. (c)(1). Pub. L. 94–422 substituted ‘‘$300,000,000
for fiscal year 1977, $600,000,000 for fiscal year 1978,
$750,000,000 for fiscal year 1979, and $900,000,000 for fiscal
year 1980 and for each fiscal year thereafter through
September 30, 1989.’’ for ‘‘$200,000,000 for each of the fiscal years 1968, 1969, and 1970, and not less than
$300,000,000 for each fiscal year thereafter through September 30, 1989.’’.
Subsec. (c)(2). Pub. L. 94–422 substituted ‘‘equivalent
to the amounts’’ for ‘‘amount to $200,000,000 or
$300,000,000 for each of such fiscal years, as’’.
1970—Subsec. (a)(i). Pub. L. 91–308 purported to substitute ‘‘not more than $10’’ for ‘‘not more than $7’’.
See 1968 Amendment note below.

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TITLE 16—CONSERVATION

Subsec. (c)(1). Pub. L. 91–485, § 1(a), substituted ‘‘fiscal
years 1968, 1969, and 1970, and not less than $300,000,000
for each fiscal year thereafter through June 30, 1989’’
for ‘‘five fiscal years beginning July 1, 1968, and ending
June 30, 1973’’.
Subsec. (c)(2). Pub. L. 91–485, § 1(b), substituted
‘‘$200,000,000 or $300,000,000 for each of such fiscal years,
as provided in cl. (1),’’ for ‘‘$200,000,000 for each of such
fiscal years,’’.
1968—Subsec. (a). Pub. L. 90–401, § 1(a), redesignated
subsec. (b) as (a). Former subsec. (a), except for the
fourth paragraph thereof, established a system of admission and user fees for all Federal recreation areas
and was eliminated. The fourth paragraph covering the
repeal of provisions prohibiting the collection of recreation fees and user charges was redesignated as section
10 of Pub. L. 88–587 and is set out as section 460l–10c.
Subsecs. (b), (c). Pub. L. 90–401, §§ 1(a), 2, added subsec. (c) and redesignated former subsecs. (b) and (c) as
(a) and (b), respectively.
1965—Subsec. (a). Pub. L. 89–72 substituted ‘‘notwithstanding any other provision of law:’’ for ‘‘notwithstanding any provision of law that such proceeds shall
be credited to miscellaneous receipts of the Treasury:’’
and ‘‘or affect any contract heretofore entered into by
the United States that provides that such revenues collected at particular Federal areas shall be credited to
specific purposes’’ for ‘‘of any provision of law that provides that any fees or charges collected at particular
Federal areas shall be used for or credited to specific
purposes or special funds as authorized by that provision of law.’’
EFFECTIVE DATE OF 1968 AMENDMENT
Pub. L. 90–401, § 1(d), July 15, 1968, 82 Stat. 355, as
amended by Pub. L. 91–308, § 1, July 7, 1970, 84 Stat. 410,
provided that: ‘‘The provisions of subsections (a) and
(c) of this section [amending this section] shall be effective December 31, 1971. Until that date revenues derived from the subsection (a) that is repealed by this
section shall continue to be covered into the fund.’’
ELIMINATION OF SYSTEM OF ADMISSION AND USER FEES
FOR FEDERAL RECREATION AREAS
Pub. L. 90–401, § 1(b), July 15, 1968, 82 Stat. 354, relating to admission and user fees for Federal recreation
areas and facilities, was repealed by Pub. L. 92–347, § 1,
July 11, 1972, 86 Stat. 459.
EX. ORD. NO. 11200. ESTABLISHMENT OF RECREATION
USER FEES
Ex. Ord. No. 11200, Feb. 26, 1965, 30 F.R. 2645, provided:
WHEREAS it is desirable that all American people of
present and future generations be assured adequate
outdoor recreation resources, and it is desirable for all
levels of government and private interests to take
prompt and coordinated action to the extent practicable without diminishing or affecting their respective powers and functions to conserve, develop, and utilize such resources for the benefit and enjoyment of the
American people; and
WHEREAS these resources are to a considerable extent located on lands administered by the Federal Government through the National Park Service, the Bureau of Land Management, the Bureau of Sport Fisheries and Wildlife, the Bureau of Reclamation, the Forest Service, the Corps of Engineers, the Tennessee Valley Authority and the United States Section of the
International Boundary and Water Commission (United
States and Mexico); and
WHEREAS the Act of May 28, 1963, 77 Stat. 49 [sections 460l to 460l–3 of the title], vested the Secretary of
the Interior with legal authority to promote coordination of Federal plans and activities generally relating
to outdoor recreation; and
WHEREAS it is fair and equitable that the users of
certain recreation areas and facilities managed by such
agencies pay a reasonable fee for the recreation benefits received; and

Page 568

WHEREAS it is desirable to establish uniformity of
practices among such Federal agencies regarding recreation user fees and related matters; and
WHEREAS the Congress, recognizing the need for urgent and effective action in this regard, enacted the
Land and Water Conservation Fund Act of 1965, Public
Law 88–578; 78 Stat. 897 [sections 460l–4 to 460l–11 of this
title] (hereafter in this order referred to as ‘‘the Act’’);
NOW, THEREFORE, by virtue of the authority vested
in me by the Act, by Section 301 of title 3 of the United
States Code, and as President of the United States, it
is ordered as follows:
SECTION 1. Designation of areas for 1965. (a) All areas
administered by the National Park Service, Bureau of
Land Management, Bureau of Sport Fisheries and Wildlife, Bureau of Reclamation, Forest Service, Corps of
Engineers, Tennessee Valley Authority, and the United
States Section of the International Boundary and
Water Commission (United States and Mexico), at
which entrance, admission, or other recreation user
fees (hereafter in this order referred to as ‘‘recreation
user fees’’) were collected directly by those Federal
agencies during any part of 1964 are hereby designated,
pursuant to Section 2(a) of the Act [subsec. (a) of this
section], as areas at which recreation user fees shall be
charged during 1965.
(b) The Secretary of the Interior, the Secretary of
Agriculture, the Secretary of Defense, the Board of Directors of the Tennessee Valley Authority, and the
Commissioner, United States Section of the International Boundary and Water Commission (United
States and Mexico), or their designees, shall, by April
1, 1965, designate any additional areas under their respective jurisdictions at which recreation user fees are
to be charged during 1965.
(c) Recreation user fees for such areas shall be prescribed as provided in Section 5 of this Order.
SEC. 2. Designation of areas for years after 1965. (a) Subject to the provisions of subsection (b) of this section,
the areas designated by Section 1(a), or pursuant to
Section 1(b), of this Order are hereby designated as
areas for which recreation user fees shall be charged for
years after 1965.
(b) The officials described in Section 1(b) of this
Order shall, before January 1, 1966, and at least annually thereafter, review all areas then under their respective jurisdictions, including those described in subsection (a) of this section, to determine (1) whether any
additional areas should, in accordance with the designation criteria prescribed by Section 3 of this Order
(or under those designation criteria as revised by the
Secretary of the Interior pursuant to Section 6(c) of
this Order), be designated as areas for which recreation
user fees shall be charged, or (2) whether the recreation
user fee for any area theretofore designated should be
increased, reduced, or eliminated under the designation
criteria then in effect.
(c)(1) Whenever, in accordance with subsection (b) of
this section, it is determined that the recreation user
fee for an area should be reduced or eliminated, such
action shall be taken forthwith.
(2) Whenever, in accordance with subsection (b) of
this section, it is determined that a recreation user fee
should be charged with respect to an area with respect
to which no such fee has theretofore been charged, such
new fee shall be charged only after the posting requirements of Section 4 of this Order have been satisfied.
SEC. 3. Criteria for designation of areas. Areas shall, in
accordance with Section 1(b) and Section 2(b) of this
Order and to the extent permitted by the Act, be designated as areas at which recreation user fees shall be
charged if the following conditions are found to exist
concurrently:
(1) The area is administered by any of the eight agencies specified in Section 1(a) of this Order;
(2) The area is administered primarily for scenic, scientific, historical, cultural, or recreational purposes;
(3) The area has recreation facilities or services provided at Federal expense; and
(4) The nature of the area is such that fee collection
is administratively and economically practical.

Page 569

TITLE 16—CONSERVATION

(b) Areas designated as those at which recreation
user fees shall be charged shall hereafter in this Order
be referred to as ‘‘designated areas.’’
SEC. 4. Posting of designated areas. The heads of administering agencies and departments shall provide for
the posting of signs at all designated areas such as will
clearly notify the visiting public that recreation user
fees are charged therein. All areas designated pursuant
to Sections 1 and 2 of this Order shall be so posted prior
to the beginning of the recreation season or as soon as
practicable following designation. No recreation user
fee established pursuant to this Order shall be effective
with respect to any designated area until that designated area has been posted.
SEC. 5. Establishment of fees. (a) Each official described
in Section 1(b) of this Order shall, subject to the criteria prescribed by the Secretary of the Interior, establish a recreation user fee for each designated area administered under his jurisdiction by selecting from a
schedule of fees, prescribed by the Secretary of the Interior pursuant to Section 6 of this Order, the fee which
is appropriate for each such designated area under criteria prescribed by the Secretary pursuant to that section. Each such official shall also specify which designated areas shall be excluded from the coverage of
the annual fee described in Section 2(a)(1) of the Act
[subsec. (a)(i) of this section] and which, as a result of
that exclusion will be subject to the fee described in
Section 2(a)(iii) of the Act [subsec. (a)(iii) of this section]. The range of recreation user fees to be charged
and the criteria for their selection shall be established
under the procedures prescribed by Section 6 of this
Order.
(b) The Secretary of the Interior shall prescribe the
procedures for the production, distribution, and sale of
the Land and Water Conservation Fund Sticker, which
shall be issued to those individuals who elect to pay the
annual fees. The Secretary of the Interior shall also
prescribe the manner in which the Sticker shall be displayed. The conditions under which it may be used
shall be determinated under the procedures prescribed
by Section 6 of this Order.
SEC. 6. Coordination. (a) The Secretary of the Interior
shall after consultation with the heads of other affected departments and agencies, adopt such coordination measures as are necessary to carry out the purposes of Sections 2(a) and 4(a) of the Act [subsec. (a) of
this section and section 460l–7(a) of this title] and the
provisions of this order.
(b)(1) In order that the purposes of the Act and of this
Order may be effectuated without delay, the Secretary
of the Interior shall, subject to the limitations imposed
by the Act and without regard to the other provisions
of this section, forthwith issue a schedule of recreation
user fees and criteria to be used in determining which
such fees shall be charged with respect to each of the
designated areas.
(2) Subject to the limitations imposed by the Act and
subject to the provisions of subsections (a), (c), and (d)
of this section, the Secretary of the Interior may, from
time to time, amend or replace the schedule of fees and
the criteria prescribed by him pursuant to subsection
(b)(1) of this section.
(c) Subject to the limits set forth in the Act, the
measures which the Secretary of the Interior may
adopt pursuant to subsection (a) of this section may include, but are not limited to, the following—
(1) Initial preparation and coordination of the comprehensive statement of estimated requirements during
the ensuing fiscal year for appropriations from the
Land and Water Conservation Fund, as required by Section 4(a) of the act [section 460l–7(a) of this title].
(2) Development of such additional procedures and interpretive materials as are necessary to facilitate the
implementation of this Order and related provisions of
the Act.
(3) Review and revision, if needed, of the criteria for
designation set forth in Section 3 of this Order.
(d) Except with respect to the schedule of fees and the
criteria prescribed by the Secretary pursuant to sub-

§ 460l–6

section (b)(1) of this section, measures and regulations
adopted by the Secretary pursuant to this Order shall
not become effective until 30 days after they are presented for the consideration of the other officials described in Section 1(b). Any such official who does not
concur in any such measure or regulation may, within
that 30-day period, refer the matter to the Recreation
Advisory Council established under Executive Order
No. 11017 [superseded by Ex. Ord. No. 11278, which in
turn was revoked by Ex. Ord. No. 11472 which is set out
as a note under section 4321 of Title 42] for resolution.
If a proposed measure is referred to the Council for resolution, it shall not become effective until approved by
the Council. With the approval of all other officials described in Section 1(b) of this Order, the provisions of
this subsection may be waived with respect to any specific measure or regulation adopted by the Secretary of
the Interior pursuant to this order so that any such
measure or regulation may be made effective before the
expiration of the 30-day waiting period prescribed by
the first sentence of this subsection.
SEC. 7. Review of contracts. The officials described in
Section 1(b) of this Order shall, within a reasonable
time, review all existing contracts and other arrangements between their respective agencies and any nonFederal public entity which relate to non-Federal management of Federally-owned outdoor recreation areas.
Special attention shall be given to any provision in any
such contract or other arrangement which prohibits or
discourages in any way such non-Federal public entity
from charging recreation user fees. Unless otherwise
prohibited by law, each such restrictive provision shall
be the subject of renegotiation designed to accomplish
a modification thereof that will permit the charging of
recreation user fees.
SEC. 8. Regulations. The Secretary of the Interior is
authorized to issue such regulations as may be necessary to carry out his functions under this Order.
LYNDON B. JOHNSON.

§ 460l–5a. Repealed. Pub. L. 100–203, title V,
§ 5201(d)(1), Dec. 22, 1987, 101 Stat. 1330–266
Section, Pub. L. 96–514, title I, § 100, Dec. 12, 1980, 94
Stat. 2960, provided for revenues received from recreation fee collections by Federal agencies to be paid into
the Land and Water Conservation Fund and to be available for appropriation for any and all authorized purposes.
RECREATION USE FEES COLLECTED AND DEPOSITED IN
UNITED STATES TREASURY BY CORPS OF ENGINEERS
Pub. L. 97–88, title I, § 100, Dec. 4, 1981, 95 Stat. 1136,
related to special recreation use fees collected by, and
deposited in the Treasury by the Corps of Engineers,
prior to repeal by Pub. L. 100–203, title V, § 5201(d)(3),
Dec. 22, 1987, 101 Stat. 1330–267.

§ 460l–6. Appropriations for expenditure of land
and water conservation fund moneys; transfers to miscellaneous receipts of Treasury
Moneys covered into the fund shall be available for expenditure for the purposes of this part
only when appropriated therefor. Such appropriations may be made without fiscal-year limitation. Moneys made available for obligation or
expenditure from the fund or from the special
account established under section 460l–6a(i)(1) 1
of this title may be obligated or expended only
as provided in this part.
(Pub. L. 88–578. title I, § 3, Sept. 3, 1964, 78 Stat.
899; Pub. L. 100–203, title V, § 5201(f)(2), Dec. 22,
1987, 101 Stat. 1330–267.)
1 See

References in Text note below.

§ 460l–6a

TITLE 16—CONSERVATION
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.
Section 460l–6a(i)(1) of this title, referred to in text,
was repealed, with the exception of subpar. (C) of subsec. (i)(1), by Pub. L. 108–447, div. J, title VIII, § 813(a),
Dec. 8, 2004, 118 Stat. 3390, as amended by Pub. L. 109–54,
title I, § 132(a), Aug. 2, 2005, 119 Stat. 526.
AMENDMENTS
1987—Pub. L. 100–203 amended last sentence generally.
Prior to amendment, last sentence read as follows:
‘‘Moneys covered into this fund not subsequently authorized by the Congress for expenditures within two
fiscal years following the fiscal year in which such
moneys had been credited to the fund, shall be transferred to miscellaneous receipts of the Treasury.’’

§ 460l–6a. Admission and special recreation use
fees
(a) to (g). Repealed. Pub. L. 108–447, div. J, title
VIII, § 813(a), Dec. 8, 2004, 118 Stat. 3390, as
amended by Pub. L. 109–54, title I, § 132(a),
Aug. 2, 2005, 119 Stat. 526
(h) Repealed. Pub. L. 104–66, title I, § 1081(f), Dec.
21, 1995, 109 Stat. 721
(i) Covering of fees collected into special account
for agency established in Treasury
(1)(A), (B) Repealed. Pub. L. 108–447, div. J,
title VIII, § 813(a), Dec. 8, 2004, 118 Stat. 3390, as
amended by Pub. L. 109–54, title I, § 132(a), Aug.
2, 2205, 119 Stat. 526.
(C) UNITS AT WHICH ENTRANCE FEES OR ADMISSIONS FEES CANNOT BE COLLECTED.—
(i) WITHHOLDING OF AMOUNTS.—Notwithstanding section 107 of the Department of the
Interior and Related Agencies Appropriations
Act, 1998 (16 U.S.C. 460l–6a note; Public Law
105–83), the Secretary of the Interior shall
withhold from the special account under section 6806(a) of this title 100 percent of the fees
and charges collected in connection with any
unit of the National Park System at which entrance fees or admission fees cannot be collected by reason of deed restrictions.
(ii) USE OF AMOUNTS.—Amounts withheld
under clause (i) shall be retained by the Secretary and shall be available, without further
Act of appropriation, for expenditure by the
Secretary for the unit with respect to which
the amounts were collected for the purposes of
enhancing the quality of the visitor experience, protection of resources, repair and maintenance, interpretation, signage, habitat or facility enhancement, resource preservation, annual operation (including fee collection),
maintenance, and law enforcement.
(2) to (4) Repealed. Pub. L. 108–447, div. J, title
VIII, § 813(a), Dec. 8, 2004, 118 Stat. 3390, as
amended by Pub. L. 109–54, title I, § 132(a), Aug.
2, 2205, 119 Stat. 526.
(j) Funds available to National Park Service; required allocations; computations; unexpended funds
(1) 10 percent of the funds made available to
the Director of the National Park Service under

Page 570

subsection (i) of this section in each fiscal year
shall be allocated among units of the National
Park System on the basis of need in a manner to
be determined by the Director.
(2) 40 percent of the funds made available to
the Director of the National Park Service under
subsection (i) of this section in each fiscal year
shall be allocated among units of the National
Park System in accordance with paragraph (3)
of this subsection and 50 percent shall be allocated in accordance with paragraph (4) of this
subsection.
(3) The amount allocated to each unit under
this paragraph for each fiscal year shall be a
fraction of the total allocation to all units
under this paragraph. The fraction for each unit
shall be determined by dividing the operating
expenses at that unit during the prior fiscal year
by the total operating expenses at all units during the prior fiscal year.
(4) The amount allocated to each unit under
this paragraph for each fiscal year shall be a
fraction of the total allocation to all units
under this paragraph. The fraction for each unit
shall be determined by dividing the user fees and
admission fees collected under this section at
that unit during the prior fiscal year by the
total of user fees and admission fees collected
under this section at all units during the prior
fiscal year.
(5) Amounts allocated under this subsection to
any unit for any fiscal year and not expended in
that fiscal year shall remain available for expenditure at that unit until expended.
(k) Selling of permits and collection of fees by
volunteers at designated areas; collecting
agency duties; surety bonds; selling of annual admission permits by public and private entities under arrangements with collecting agency head
When authorized by the head of the collecting
agency, volunteers at designated areas may sell
permits and collect fees authorized or established pursuant to this section. The head of such
agency shall ensure that such volunteers have
adequate training regarding—
(1) the sale of permits and the collection of
fees,
(2) the purposes and resources of the areas in
which they are assigned, and
(3) the provision of assistance and information to visitors to the designated area.
The Secretary shall require a surety bond for
any such volunteer performing services under
this subsection. Funds available to the collecting agency may be used to cover the cost of any
such surety bond. The head of the collecting
agency may enter into arrangements with qualified public or private entities pursuant to which
such entities may sell (without cost to the
United States) annual admission permits (including Golden Eagle Passports) at any appropriate location. Such arrangements shall require
each such entity to reimburse the United States
for the full amount to be received from the sale
of such permits at or before the agency delivers
the permits to such entity for sale.

Page 571

(l) Charge for transportation provided by National Park Service for viewing National
Park System units; charge in lieu of admission fee; maximum charge; apportionment
and expenditure of charges
(1) Where the National Park Service provides
transportation to view all or a portion of any
unit of the National Park System, the Director
may impose a charge for such service in lieu of
an admission fee under this section. The charge
imposed under this paragraph shall not exceed
the maximum admission fee under subsection
(a) 1 of this section.
(2) Notwithstanding any other provision of
law, half of the charges imposed under paragraph (1) shall be retained by the unit of the National Park System at which the service was
provided. The remainder shall be covered into
the special account referred to in subsection (i) 1
of this section in the same manner as receipts
from fees collected pursuant to this section.
Fifty percent of the amount retained shall be
expended only for maintenance of transportation systems at the unit where the charge was
imposed. The remaining 50 percent of the retained amount shall be expended only for activities related to resource protection at such units.
(m) Admission fee at National Park System units
where primary public access is provided by
concessioner; maximum fee
Where the primary public access to a unit of
the National Park System is provided by a concessioner, the Secretary may charge an admission fee at such units only to the extent that the
total of the fee charged by the concessioner for
access to the unit and the admission fee does
not exceed the maximum amount of the admission fee which could otherwise be imposed under
subsection (a) 1 of this section.
(n) Commercial tour use fees
(1) In the case of each unit of the National
Park System for which an admission fee is
charged under this section, the Secretary of the
Interior shall establish, by October 1, 1993, a
commercial tour use fee to be imposed on each
vehicle entering the unit for the purpose of providing commercial tour services within the unit.
Fee revenue derived from such commercial tour
use fees shall be deposited into the special account established under subsection (i) 1 of this
section.
(2) The Secretary shall establish the amount
of fee per entry as follows:
(A) $25 per vehicle with a passenger capacity
of 25 persons or less, and
(B) $50 per vehicle with a passenger capacity
of more than 25 persons.
(3) The Secretary may periodically make reasonable adjustments to the commercial tour use
fee imposed under this subsection.
(4) The commercial tour use fee imposed under
this subsection shall not apply to either of the
following:
(A) Any vehicle transporting organized
school groups or outings conducted for educational purposes by schools or other bona fide
educational institutions.
1 See

References in Text note below.

§ 460l–6a

TITLE 16—CONSERVATION

(B) Any vehicle entering a park system unit
pursuant to a contract issued under the Act of
October 9, 1965 (16 U.S.C. 20–20g) 1 entitled ‘‘An
Act relating to the establishment of concession policies in the areas administered by the
National Park Service and for other purposes.’’
(5)(A) The provisions of this subsection shall
apply to aircraft entering the airspace of units
of the National Park System identified in section 2(b) and section 3 of Public Law 100–91 for
the specific purpose of providing commercial
tour services within the airspace of such units.
(B) The provisions of this subsection shall also
apply to aircraft entering the airspace of other
units of the National Park System for the specific purpose of providing commercial tour services if the Secretary determines that the level of
such services is equal to or greater than the
level at those units of the National Park System
specified in subparagraph (A).
(Pub. L. 88–578, title I, § 4, as added Pub. L.
92–347, § 2, July 11, 1972, 86 Stat. 459; amended
Pub. L. 93–81, §§ 1, 2, Aug. 1, 1973, 87 Stat. 178, 179;
Pub. L. 93–303, § 1, June 7, 1974, 88 Stat. 192; Pub.
L. 96–344, § 9, Sept. 8, 1980, 94 Stat. 1135; Pub. L.
100–203, title V, § 5201(a)–(c), Dec. 22, 1987, 101
Stat. 1330–263, 1330–264; Pub. L. 103–66, title V,
§ 5001(b), title X, §§ 10001, 10002, Aug. 10, 1993, 107
Stat. 379, 402, 403; Pub. L. 103–437, § 6(p)(1), Nov.
2, 1994, 108 Stat. 4586; Pub. L. 104–66, title I,
§ 1081(f), Dec. 21, 1995, 109 Stat. 721; Pub. L.
105–327, § 1, Oct. 30, 1998, 112 Stat. 3055; Pub. L.
108–447, div. J, title VIII, § 813(a), Dec. 8, 2004, 118
Stat. 3390; Pub. L. 109–54, title I, § 132(a), (b),
Aug. 2, 2005, 119 Stat. 526.)
REFERENCES IN TEXT
Subsections (a) and (i) (except par. (1)(C)) of this section, referred to in subsecs. (l) to (n), were repealed by
Pub. L. 108–447, div. J, title VIII, § 813(a), Dec. 8, 2004,
118 Stat. 3390.
Act of October 9, 1965, referred to in subsec. (n)(4)(B),
is Pub. L. 89–249, Oct. 9, 1965, 79 Stat. 969, known as the
National Park System Concessions Policy Act, which
was classified generally to subchapter IV (§ 20 et seq.) of
this chapter, prior to repeal by Pub. L. 105–391, title IV,
§ 415(a), Nov. 13, 1998, 112 Stat. 3515.
Public Law 100–91, referred to in subsec. (n)(5)(A), is
set out as a note under section 1a–1 of this title.
PRIOR PROVISIONS
A prior section 4 of Pub. L. 88–578 was renumbered
section 5 and is classified to section 460l–7 of this title.
AMENDMENTS
2005—Pub. L. 109–54, § 132(a), amended Pub. L. 108–447,
§ 813(a). See 2004 Amendment notes below.
Subsec. (i)(1)(C)(i). Pub. L. 109–54, § 132(b), substituted
‘‘Notwithstanding section 107’’ for ‘‘Notwithstanding
subparagraph (A), section 315(c) of section 101(c) of the
Omnibus Consolidated Recessions and Appropriations
Act of 1996 (16 U.S.C. 460l–6a note; Public Law 104–134),
or section 107’’ and ‘‘account under section 6806(a) of
this title’’ for ‘‘account under subparagraph (A)’’.
2004—Subsecs. (a) to (g). Pub. L. 108–447, § 813(a), as
amended by Pub. L. 109–54, § 132(a), struck out subsec.
(a) relating to admission fees, Golden Eagle and Golden
Age Passports, and permits, subsec. (b) relating to
recreation use fees, collection, campgrounds at lakes or
reservoirs, and fees for Golden Age passport permittees,
subsec. (c) relating to special recreation permits, subsec. (d) relating to criteria, posting, and uniformity of
fees, subsec. (e) relating to establishment of rules and

§ 460l–6a

TITLE 16—CONSERVATION

regulations, enforcement powers, and penalty for violations, subsec. (f) relating to contracts with any public
or private entity to provide visitor registration services, and subsec. (g) relating to effect on Federal and
State laws.
Subsec. (i). Pub. L. 108–447, § 813(a), as amended by
Pub. L. 109–54, § 132(a), struck out subsec. (i), relating to
covering fees collected into special account for agency
established in Treasury, covered agencies, availability
of funds, and allocation of National Park Service funds,
except for paragraph (1)(C), relating to units at which
entrance fees or admissions fees cannot be collected.
1998—Subsec. (i)(1)(C). Pub. L. 105–327 added subpar.
(C).
1995—Subsec. (h). Pub. L. 104–66 struck out subsec. (h)
which read as follows: ‘‘Periodic reports indicating the
number and location of fee collection areas, the number and location of potential fee collection areas, capacity and visitation information, the fees collected,
and other pertinent data, shall be coordinated and compiled by the Bureau of Outdoor Recreation and transmitted to the Committee on Natural Resources of the
House of Representatives and the Committee on Energy
and Natural Resources of the Senate. Such reports,
which shall be transmitted no later than March 31 annually, shall include any recommendations which the
Bureau may have with respect to improving this aspect
of the land and water conservation fund program.’’
1994—Subsec. (h). 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 House of Representatives and United States Senate’’.
1993—Subsec. (a). Pub. L. 103–66, § 10001(a), in first sentence inserted ‘‘or National Conservation Areas’’ after
‘‘National Park System’’ and ‘‘, National Monuments,
National Volcanic Monuments, National Scenic Areas,
and no more than 21 areas of concentrated public use’’
after ‘‘National Recreation Areas’’ and inserted new
second sentence defining ‘‘area of concentrated public
use’’.
Subsec. (a)(1)(A). Pub. L. 103–66, § 10002(d), (e), designated existing provisions as cl. (i), substituted ‘‘The
annual permit shall be valid for a period of 12 months
from the date the annual fee is paid’’ for ‘‘The annual
permit shall be valid during the calendar year for
which the annual fee is paid’’, and added cl. (ii).
Subsec. (a)(4). Pub. L. 103–66, § 10001(b), substituted
‘‘for a one-time charge of $10’’ for ‘‘without charge’’.
Subsec. (b). Pub. L. 103–66, § 10002(a)(1), in first sentence, substituted ‘‘or toilet facilities, nor shall there
be any such charge solely for the use of picnic tables:
Provided, That in no event shall there be a charge for
the use of any campground not having a majority of
the following: tent or trailer spaces, picnic tables,
drinking water, access road, refuse containers, toilet
facilities, personal collection of the fee by an employee
or agent of the Federal agency operating the facility,
reasonable visitor protection, and simple devices for
containing a campfire (where campfires are permitted).’’ for ‘‘toilet facilities, picnic tables, or boat
ramps: Provided, however, That a fee shall be charged
for boat launching facilities only where specialized facilities or services such as mechanical or hydraulic
boat lifts or facilities are provided: And provided further, That in no event shall there be a charge for the
use of any campground not having the following—tent
or trailer spaces, drinking water, access road, refuse
containers, toilet facilities, personal collection of the
fee by an employee or agent of the Federal agency operating the facility, reasonable visitor protection, and
simple devices for containing a campfire (where campfires are permitted).’’, and inserted new second sentence defining ‘‘specialized outdoor recreation sites’’.
Pub. L. 102–66, §§ 5001(b) and 10002(a)(2), amended subsec. (b) identically, striking out second sentence which
read as follows: ‘‘At each lake or reservoir under the jurisdiction of the Corps of Engineers, United States
Army, where camping is permitted, such agency shall

Page 572

provide at least one primitive campground, containing
designated campsites, sanitary facilities, and vehicular
access, where no charge shall be imposed.’’
Subsec. (i)(1). Pub. L. 103–66, § 10002(b), designated existing provisions as subpar. (A) and added subpar. (B).
Subsec. (n). Pub. L. 103–66, § 10002(c), added subsec.
(n).
1987—Subsec. (a)(1). Pub. L. 100–203, § 5201(a)(1), (2),
designated existing provisions as subpar. (A) and substituted ‘‘$25’’ for ‘‘$10’’, and added subpar. (B).
Subsec. (a)(2). Pub. L. 100–203, § 5201(a)(3), inserted at
end ‘‘The fee for a single-visit permit at any designated
area applicable to those persons entering by private,
noncommercial vehicle shall be no more than $5 per vehicle. The single-visit permit shall admit the permittee
and all persons accompanying him in a single vehicle.
The fee for a single-visit permit at any designated area
applicable to those persons entering by any means
other than a private noncommercial vehicle shall be no
more than $3 per person. Except as otherwise provided
in this subsection, the maximum fee amounts set forth
in this paragraph shall apply to all designated areas.’’
Subsec. (a)(3). Pub. L. 100–203, § 5201(a)(4), inserted at
end ‘‘Notwithstanding any other provision of this part,
no admission fee may be charged at any unit of the National Park System which provides significant outdoor
recreation opportunities in an urban environment and
to which access is publicly available at multiple locations.’’
Subsec. (a)(6) to (12). Pub. L. 100–203, § 5201(a)(5), added
pars. (6) to (12).
Subsec. (f). Pub. L. 100–203, § 5201(b), amended subsec.
(f) generally. Prior to amendment, subsec. (f) read as
follows: ‘‘Except as otherwise provided by law or as
may be required by lawful contracts entered into prior
to September 3, 1964, providing that revenues collected
at particular Federal areas shall be credited to specific
purposes, all fees which are collected by any Federal
agency shall be covered into a special account in the
Treasury of the United States to be administered in
conjunction with, but separate from, the revenues in
the Land and Water Conservation Fund: Provided, That
the head of any Federal agency, under such terms and
conditions as he deems appropriate, may contract with
any public or private entity to provide visitor reservation services; and any such contract may provide that
the contractor shall be permitted to deduct a commission to be fixed by the agency head from the amount
charged the public for providing such services and to
remit the net proceeds therefrom to the contracting
agency. Revenues in the special account shall be available for appropriation, without prejudice to appropriations from other sources for the same purposes, for any
authorized outdoor recreation function of the agency
by which the fees were collected: Provided, however,
That not more than forty per centum of the amount so
credited may be appropriated during the five fiscal
years following the enactment of this Act for the enhancement of the fee collection system established by
this section, including the promotion and enforcement
thereof.’’
Subsecs. (i) to (m). Pub. L. 100–203, § 5201(c), added
subsecs. (i) to (m).
1980—Subsec. (a)(2). Pub. L. 96–344, § 9(1), substituted
provision defining ‘‘single visit’’ as a more or less continuous stay within a designated area and providing
that payment of a single visit admission authorizes
exits from and reentries to a single designated area for
a period of from one to fifteen days, such period to be
determined by the administrating Secretary, for provision defining ‘‘single visit’’ as the length of time a visitor remained within the exterior boundary of a designated fee area beginning from the first day he entered
until he left, except that on the same day the admission fee was paid, the visitor could leave and reenter
without paying an additional admission fee.
Subsec. (a)(5). Pub. L. 96–344, § 9(2), added par. (5).
Subsec. (b). Pub. L. 96–344, § 9(3), inserted ‘‘, or permittee under paragraph (5) of subsection (a) of this section,’’ after ‘‘Passport permittee’’.

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1974—Subsec. (a). Pub. L. 93–303, § 1(b), inserted
‘‘which are operated and maintained by a Federal agency and’’ after ‘‘areas’’.
Subsec. (a)(1). Pub. L. 93–303, § 1(c), among other
changes, substituted ‘‘The permittee’’ for ‘‘Any person
purchasing the annual permit’’, inserted provisions authorizing the permittee and his spouse, children, and
parents accompanying him to enter an area where
entry is by any means other than private, noncommercial vehicles, changed provisions which relate to the
purchase of the annual permit to allow its sale at any
designated area instead of through the offices of the
Secretary of the Interior and the Secretary of Agriculture, through all post offices of the first- and second-class, and at such other offices as the Postmaster
General directed, and struck out provisions which empowered the Secretary of the Interior to transfer to the
Postal Service from the permit receipts such funds as
are adequate to reimburse the Postal Service for the
cost of the service.
Subsec. (a)(2). Pub. L. 93–303, § 1(d), struck out ‘‘or
who enter such an area by means other than by private,
noncommercial vehicle’’ after ‘‘annual permit’’ in first
sentence. See subsec. (a)(1) of this section.
Subsec. (a)(4). Pub. L. 93–303, § 1(e), substituted ‘‘a
lifetime admission permit’’ for ‘‘an annual entrance
permit’’, limited the issuance of this permit to citizens
of, or persons domiciled in the United States, and inserted provisions to allow the permittee and his spouse
and children accompanying him to enter an area which
entry is by any means other than private, noncommercial vehicle.
Subsec. (b). Pub. L. 93–303, § 1(f), (g), among other
changes, substituted ‘‘daily recreation use fee’’ for
‘‘special recreation use fees’’, authorized a fee for boat
launching facilities where specialized facilities or services such as mechanical or hydraulic boat lifts or facilities are provided, required the Corps of Engineers to
provide at least one primitive campground where no
charge shall be imposed at each lake or reservoir under
its jurisdiction, incorporated provisions formerly in
subsec. (b)(1) allowing any Golden Age Passport permittee to utilize the recreation facilities at a rate of 50 per
centum of the established use fee, struck out the remainder of former subsec. (b)(1) which related to determination of daily use fees for overnight occupancy, and
redesignated former subsec. (b)(2) as (c).
Subsec. (c). Pub. L. 93–303, § 1(g), redesignated subsec.
(b)(2) as (c). Former subsec. (c) redesignated (d).
Subsec. (d). Pub. L. 93–303, § 1(g), (h), redesignated
subsec. (c) as (d), and substituted therein ‘‘a fee has
been established pursuant to this section’’ for ‘‘an admission fee or special recreation use fee has been established’’.
Subsec. (e). Pub. L. 93–303, § 1(g), (i), redesignated subsec. (d) as (e), and substituted therein ‘‘collection of
any fee established pursuant to this section’’ for ‘‘collection of any entrance fee and/or special recreation
use fee, as the case may be’’.
Subsec. (f). Pub. L. 93–303, § 1(g), (j), redesignated subsec. (e) as (f), and inserted provisions therein empowering the head of any Federal agency to contract with
any public or private entity to provide visitor reservation services.
Subsecs. (g), (h). Pub. L. 93–303, § 1(g), redesignated
subsecs. (f) and (g) as (g) and (h), respectively.
1973—Subsec. (a)(2). Pub. L. 93–81, § 2, inserted definition of ‘‘single visit’’.
Subsec. (b). Pub. L. 93–81, § 1, inserted in opening
paragraph the proviso that there shall be no charge for
the day use or recreational use of facilities such as picnic areas, boat ramps, where no mechanical or hydraulic equipment is provided, drinking water, wayside exhibits, roads, trails, overlook sites, visitors’ centers,
scenic drives and toilet facilities and that no fee be
charged for access to or use of campground not having
flush restrooms, showers, access and circulatory roads,
sanitary disposal stations, visitor protection control,
designated tent or trailer spaces, refuse containers and
potable water.

EFFECTIVE DATE OF 2005 AMENDMENT
Pub. L. 109–54, title I, § 132(d), Aug. 2, 2005, 119 Stat.
526, provided that: ‘‘This section [amending this section
and section 6812 of this title and enacting provisions set
out as a note under this section] and the amendments
made by this section take effect as of December 8,
2004.’’
SAVINGS PROVISION FOR 2004 AMENDMENT
For authority of Secretary to continue to issue Golden Eagle Passports, Golden Age Passports, and Golden
Access Passports under this section until Dec. 19, 2006,
see section 6812(a) of this title.
CONSTRUCTION
Pub. L. 109–54, title I, § 132(c), Aug. 2, 2005, 119 Stat.
526, provided that: ‘‘Except as provided in this section
[amending this section and section 6812 of this title and
enacting provisions set out as a note under this section], section 4(i)(1)(C) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l–6a(i)(1)(C)) shall be
applied and administered as if section 813(a) of the Federal Lands Recreation Enhancement Act (16 U.S.C.
6812(a)) (and the amendments made by that section
[Pub. L. 108–447, amending this section]) had not been
enacted.’’
TRANSFER OF FUNCTIONS
Enforcement functions of Secretary or other official
in Department of the Interior related to compliance
with rights-of-way across recreation lands issued under
this part and such functions of Secretary or other official in Department of Agriculture, insofar as they involve lands and programs under jurisdiction of that Department, related to compliance with this part with respect to pre-construction, construction, and initial operation of transportation system for Canadian and
Alaskan natural gas transferred to Federal Inspector,
Office of Federal Inspector for Alaska Natural Gas
Transportation System, until first anniversary of date
of initial operation of Alaska Natural Gas Transportation System, see Reorg. Plan No. 1 of 1979, §§ 102(e),
(f), 203(a), 44 F.R. 33663, 33666, 93 Stat. 1373, 1376, effective July 1, 1979, set out in the Appendix to Title 5,
Government Organization and Employees. Office of
Federal Inspector for the Alaska Natural Gas Transportation System abolished and functions and authority
vested in Inspector transferred to Secretary of Energy
by section 3012(b) of Pub. L. 102–486, set out as an Abolition of Office of Federal Inspector note under section
719e of Title 15, Commerce and Trade. Functions and
authority vested in Secretary of Energy subsequently
transferred to Federal Coordinator for Alaska Natural
Gas Transportation Projects by section 720d(f) of Title
15.
NATIONAL PARK SERVICE ENTRANCE AND RECREATIONAL
USE FEES
Pub. L. 106–176, title III, § 310, Mar. 10, 2000, 114 Stat.
34, provided that:
‘‘(a) The Secretary of the Interior is authorized to retain and expend revenues from entrance and recreation
use fees at units of the National Park System where
such fees are collected under section 4 of the Land and
Water Conservation Fund Act of 1965 (16 U.S.C. 460l–6a),
notwithstanding the provisions of section 4(i) of such
Act. Fees shall be retained and expended in the same
manner and for the same purposes as provided under
the Recreational Fee Demonstration Program (section
315 of Public Law 104–134, as amended (16 U.S.C. 460l–6a
note)[)].
‘‘(b) Nothing in this section shall affect the collection
of fees at units of the National Park System designated
as fee demonstration projects under the Recreational
Fee Demonstration Program.
‘‘(c) The authorities in this section shall expire upon
the termination of the Recreational Fee Demonstration Program.’’

§ 460l–6a

TITLE 16—CONSERVATION
RECREATION USER FEES

Pub. L. 106–53, title II, § 225, Aug. 17, 1999, 113 Stat.
297, provided that:
‘‘(a) WITHHOLDING OF AMOUNTS.—
‘‘(1) IN GENERAL.—During fiscal years 1999 through
2002, the Secretary [of the Army] may withhold from
the special account established under section
4(i)(1)(A) of the Land and Water Conservation Fund
Act of 1965 (16 U.S.C. 460l–6a(i)(1)(A)) 100 percent of
the amount of receipts above a baseline of $34,000,000
per each fiscal year received from fees imposed at
recreation sites under the administrative jurisdiction
of the Department of the Army under section 4(b) of
that Act (16 U.S.C. 460l–6a(b)).
‘‘(2) USE.—The amounts withheld shall be retained
by the Secretary and shall be available, without further Act of appropriation, for expenditure by the Secretary in accordance with subsection (b).
‘‘(3) AVAILABILITY.—The amounts withheld shall remain available until September 30, 2005.
‘‘(b) USE OF AMOUNTS WITHHELD.—In order to increase
the quality of the visitor experience at public recreational areas and to enhance the protection of resources, the amounts withheld under subsection (a)
may be used only for—
‘‘(1) repair and maintenance projects (including
projects relating to health and safety);
‘‘(2) interpretation;
‘‘(3) signage;
‘‘(4) habitat or facility enhancement;
‘‘(5) resource preservation;
‘‘(6) annual operation (including fee collection);
‘‘(7) maintenance; and
‘‘(8) law enforcement related to public use.
‘‘(c) AVAILABILITY.—Each amount withheld by the
Secretary [of the Army] shall be available for expenditure, without further Act of appropriation, at the specific project from which the amount, above baseline, is
collected.’’
RECREATIONAL FEE DEMONSTRATION PROGRAM
Pub. L. 108–447, div. E, title III, § 319, Dec. 8, 2004, 118
Stat. 3097, provided that: ‘‘A project undertaken by the
Forest Service under the Recreation Fee Demonstration Program as authorized by section 315 of the Department of the Interior and Related Agencies Appropriations Act for Fiscal Year 1996, as amended [Pub. L.
104–134, title I, § 101(c), formerly set out below], shall
not result in—
‘‘(1) displacement of the holder of an authorization
to provide commercial recreation services on Federal
lands. Prior to initiating any project, the Secretary
shall consult with potentially affected holders to determine what impacts the project may have on the
holders. Any modifications to the authorization shall
be made within the terms and conditions of the authorization and authorities of the impacted agency;
and
‘‘(2) the return of a commercial recreation service
to the Secretary for operation when such services
have been provided in the past by a private sector
provider, except when—
‘‘(A) the private sector provider fails to bid on
such opportunities;
‘‘(B) the private sector provider terminates its relationship with the agency; or
‘‘(C) the agency revokes the permit for non-compliance with the terms and conditions of the authorization.
In such cases, the agency may use the Recreation Fee
Demonstration Program to provide for operations until
a subsequent operator can be found through the offering of a new prospectus.’’
Similar provisions were contained in the following
prior appropriation acts:
Pub. L. 108–108, title III, § 319, Nov. 10, 2003, 117 Stat.
1306.
Pub. L. 108–7, div. F, title III, § 319, Feb. 20, 2003, 117
Stat. 274.

Page 574

Pub. L. 107–63, title III, § 325, Nov. 5, 2001, 115 Stat. 470.
Pub. L. 106–291, title III, § 334, Oct. 11, 2000, 114 Stat.
997.
Pub. L. 106–113, div. B, § 1000(a)(3) [title III, § 344], Nov.
29, 1999, 113 Stat. 1535, 1501A–203.
Pub. L. 105–83, title I, § 107, Nov. 14, 1997, 111 Stat.
1561, provided that: ‘‘In fiscal year 1998 and thereafter,
for those years in which the recreation fee demonstration program authorized in Public Law 104–134 [set out
below] is in effect, the fee collection support authority
provided in 16 U.S.C. 460l–6(i)(1)(B) applies only to parks
not included in the fee demonstration program, and
that the amount retained under this authority to cover
fee collection costs will not exceed those costs at the
non-demonstration parks, or 15 percent of all fees collected at non-demonstration parks in a fiscal year
whichever is less. Fee collection costs for parks included in the fee demonstration program will be covered by the fees retained at those parks.’’
Pub. L. 104–134, title I, § 101(c) [title III, § 315], Apr. 26,
1996, 110 Stat. 1321–156, 1321–200; renumbered title I,
Pub. L. 104–140, § 1(a), May 2, 1996, 110 Stat. 1327, as
amended by Pub. L. 104–208, div. A, title I, § 101(d) [title
I, title III, § 319], Sept. 30, 1996, 110 Stat. 3009–181,
3009–187, 3009–223; Pub. L. 105–18, title II, § 5001, June 12,
1997, 111 Stat. 181; Pub. L. 105–83, title III, § 320, Nov. 14,
1997, 111 Stat. 1596; Pub. L. 105–277, div. A, § 101(e) [title
III, § 327], Oct. 21, 1998, 112 Stat. 2681–231, 2681–291; Pub.
L. 106–291, title III, § 336, Oct. 11, 2000, 114 Stat. 997; Pub.
L. 107–63, title III, § 312, Nov. 5, 2001, 115 Stat. 466; Pub.
L. 108–108, title III, § 332, Nov. 10, 2003, 117 Stat. 1309;
Pub. L. 108–447, div. E, title III, § 331, Dec. 8, 2004, 118
Stat. 3099, directed the Secretary of the Interior and
Secretary of Agriculture to implement fee programs to
demonstrate the feasibility of user-generated cost recovery for operation and maintenance of recreation
areas or sites and habitat enhancement projects on
Federal lands and to establish various requirements for
carrying out the pilot programs, prior to repeal by Pub.
L. 108–447, div. J, title VIII, § 813(b), Dec. 8, 2004, 118
Stat. 3390.
STUDY TO ASSESS TRAFFIC CONGESTION AND
OVERCROWDING AT CERTAIN PARK SYSTEM UNITS
Pub. L. 100–203, title V, § 5201(e), Dec. 22, 1987, 101
Stat. 1330–267, directed Secretary of the Interior to assess extent to which traffic congestion and overcrowding occurs at certain park system units during times of
seasonally high usage and to conduct a study of (A) feasibility of reducing vehicular traffic within national
park system units through fee reductions for visitors
traveling by bus and through other means which could
shift visitation from automobiles to buses, and (B) feasibility of encouraging more even seasonal distribution
of visitation, with study to include a pilot project to be
carried out in Yosemite National Park, and a report
containing results of study to be transmitted to Committee on Interior and Insular Affairs of House of Representatives and to Committee on Energy and Natural
Resources of Senate within 3 years after Dec. 22, 1987.
PROHIBITION ON ENTRANCE FEE AT STATUE OF LIBERTY
NATIONAL MONUMENT
Pub. L. 100–55, June 19, 1987, 101 Stat. 371, provided:
‘‘That, notwithstanding any other provision of law,
after the date of enactment of this Act [June 19, 1987],
the Secretary of the Interior shall not charge any entrance or admission fee at the Statue of Liberty National Monument, New Jersey and New York.’’
ESTABLISHMENT AND COLLECTION OF USE OR ROYALTY
FEES FOR MANUFACTURE, REPRODUCTION, OR USE OF
‘‘GOLDEN EAGLE INSIGNIA’’
Pub. L. 92–347, § 3(a), July 11, 1972, 86 Stat. 461, provided that: ‘‘The Secretary of the Interior may establish and collect use or royalty fees for the manufacture,
reproduction, or use of ‘The Golden Eagle Insignia’,
originated by the Department of the Interior and announced in the December 3, 1970, issue of the Federal

Page 575

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TITLE 16—CONSERVATION

Register (35 Federal Register 18376) as the official symbol for Federal recreation areas designated for recreation fee collection. Any fees collected pursuant to this
subsection shall be covered into the Land and Water
Conservation Fund.’’
TERMINATION OF RIGHTS IN ‘‘GOLDEN EAGLE INSIGNIA’’
Pub. L. 92–347, § 3(d), July 11, 1972, 86 Stat. 462, provided that: ‘‘The rights in ‘The Golden Eagle Insignia’
under this Act [which enacted this section and section
715 of title 18, enacted notes set out hereunder, and repealed note set out under section 460l–5 of this title],
shall terminate if the use by the Secretary of the Interior of ‘The Golden Eagle Insignia’ is abandoned. Nonuse for a continuous period of two years shall constitute abandonment.’’

§ 460l–6b. Repealed. Pub. L. 100–203, title V,
§ 5201(d)(2), Dec. 22, 1987, 101 Stat. 1330–267
Section, Pub. L. 96–87, title IV, § 402, Oct. 12, 1979, 93
Stat. 666; Pub. L. 96–487, title II, § 202(3)(a), Dec. 2, 1980,
94 Stat. 2382, prohibited entrance or admission fees in
excess of amounts in effect Jan. 1, 1979, at any unit of
National Park System and user fees for transportation
services and facilities in Denali National Park, Alaska.

§ 460l–6c. Admission, entrance, and recreation
fees
(a) Definitions
As used in this section:
(1) Area of concentrated public use
The term ‘‘area of concentrated public use’’
means an area administered by the Secretary
that meets each of the following criteria:
(A) The area is managed primarily for outdoor recreation purposes.
(B) Facilities and services necessary to accommodate heavy public use are provided in
the area.
(C) The area contains at least 1 major
recreation attraction.
(D) Public access to the area is provided in
such a manner that admission fees can be efficiently collected at 1 or more centralized
locations.
(2) Boat launching facility
The term ‘‘boat launching facility’’ includes
any boat launching facility, regardless of
whether specialized facilities or services, such
as mechanical or hydraulic boat lifts or facilities, are provided.
(3) Campground
The term ‘‘campground’’ means any campground where a majority of the following
amenities are provided, as determined by the
Secretary:
(A) Tent or trailer spaces.
(B) Drinking water.
(C) An access road.
(D) Refuse containers.
(E) Toilet facilities.
(F) The personal collection of recreation
use fees by an employee or agent of the Secretary.
(G) Reasonable visitor protection.
(H) If campfires are permitted in the campground, simple devices for containing the
fires.
(4) Secretary
The term ‘‘Secretary’’ means the Secretary
of Agriculture.

(b) Authority to impose fees
The Secretary may charge—
(1) admission or entrance fees at national
monuments, national volcanic monuments,
national scenic areas, and areas of concentrated public use administered by the Secretary; and
(2) recreation use fees at lands administered
by the Secretary in connection with the use of
specialized outdoor recreation sites, equipment, services, and facilities, including visitors’ centers, picnic tables, boat launching facilities, and campgrounds.
(c) Amount of fees
The amount of the admission, entrance, and
recreation fees authorized to be imposed under
this section shall be determined by the Secretary.
(Pub. L. 103–66, title I, § 1401, Aug. 10, 1993, 107
Stat. 331.)
CODIFICATION
Section was enacted as part of the Agricultural Reconciliation Act of 1993 and as part of the Omnibus
Budget Reconciliation Act of 1993, and not as part of
the Land and Water Conservation Fund Act of 1965
which comprises this part.

§ 460l–6d. Commercial filming
(a) Commercial filming fee
The Secretary of the Interior and the Secretary of Agriculture (hereafter individually referred to as the ‘‘Secretary’’ with respect to
lands under their respective jurisdiction) shall
require a permit and shall establish a reasonable
fee for commercial filming activities or similar
projects on Federal lands administered by the
Secretary. Such fee shall provide a fair return to
the United States and shall be based upon the
following criteria:
(1) The number of days the filming activity
or similar project takes place on Federal land
under the Secretary’s jurisdiction.
(2) The size of the film crew present on Federal land under the Secretary’s jurisdiction.
(3) The amount and type of equipment
present.
The Secretary may include other factors in determining an appropriate fee as the Secretary
deems necessary.
(b) Recovery of costs
The Secretary shall also collect any costs incurred as a result of filming activities or similar
project, including but not limited to administrative and personnel costs. All costs recovered
shall be in addition to the fee assessed in subsection (a) of this section.
(c) Still photography
(1) Except as provided in paragraph (2), the
Secretary shall not require a permit nor assess
a fee for still photography on lands administered
by the Secretary if such photography takes
place where members of the public are generally
allowed. The Secretary may require a permit,
fee, or both, if such photography takes place at
other locations where members of the public are
generally not allowed, or where additional administrative costs are likely.

§ 460l–7

TITLE 16—CONSERVATION

(2) The Secretary shall require and shall establish a reasonable fee for still photography that
uses models or props which are not a part of the
site’s natural or cultural resources or administrative facilities.
(d) Protection of resources
The Secretary shall not permit any filming,
still photography or other related activity if the
Secretary determines—
(1) there is a likelihood of resource damage;
(2) there would be an unreasonable disruption of the public’s use and enjoyment of the
site; or
(3) that the activity poses health or safety
risks to the public.
(e) Use of proceeds
(1) All fees collected under this section shall
be available for expenditure by the Secretary,
without further appropriation, in accordance
with the formula and purposes established for
the Recreational Fee Demonstration Program
(Public Law 104–134). All fees collected shall remain available until expended.
(2) All costs recovered under this section shall
be available for expenditure by the Secretary,
without further appropriation, at the site where
collected. All costs recovered shall remain available until expended.
(f) Processing of permit applications
The Secretary shall establish a process to ensure that permit applicants for commercial
filming, still photography, or other activity are
responded to in a timely manner.
(Pub. L. 106–206, § 1, May 26, 2000, 114 Stat. 314.)
REFERENCES IN TEXT
Public Law 104–134, referred to in subsec. (e)(1), is
Pub. L. 104–134, Apr. 26, 1996, 110 Stat. 1321, known as
the Omnibus Consolidated Rescissions and Appropriations Act of 1996. The Recreational Fee Demonstration
Program was authorized by Pub. L. 104–134, title I,
§ 101(c) [title III, § 315], Apr. 26, 1996, 110 Stat. 1321–156,
1321–200, as amended, which was set out as a note under
section 460l–6a of this title, prior to repeal by Pub. L.
108–447, div. J, title VIII, § 813(b), Dec. 8, 2004, 118 Stat.
3390. For complete classification of Pub. L. 104–134 to
the Code, see Tables.
CODIFICATION
Section was not enacted as part of the Land and
Water Conservation Fund Act of 1965 which comprises
this part.

§ 460l–7. Allocation of land and water conservation fund for State and Federal purposes
There shall be submitted with the annual
budget of the United States a comprehensive
statement of estimated requirements during the
ensuing fiscal year for appropriations from the
fund. Not less than 40 per centum of such appropriations shall be available for Federal purposes.
Those appropriations from the fund up to and including $600,000,000 in fiscal year 1978 and up to
and including $750,000,000 in fiscal year 1979 shall
continue to be allocated in accordance with this
section. There shall be credited to a special account within the fund $300,000,000 in fiscal year
1978 and $150,000,000 in fiscal year 1979 from the
amounts authorized by section 460l–5 of this
title. Amounts credited to this account shall re-

Page 576

main in the account until appropriated. Appropriations from the special account shall be
available only with respect to areas existing and
authorizations enacted prior to the convening of
the Ninety-fifth Congress, for acquisition of
lands, waters, or interests in lands or waters
within the exterior boundaries, as aforesaid, of—
(1) the national park system;
(2) national scenic trails;
(3) the national wilderness preservation system;
(4) federally administered components of the
National Wild and Scenic Rivers System; and
(5) national recreation areas administered
by the Secretary of Agriculture.
(Pub. L. 88–578, title I, § 5, formerly § 4, Sept. 3,
1964, 78 Stat. 900; Pub. L. 90–401, § 3, July 15, 1968,
82 Stat. 355; renumbered § 5, Pub. L. 92–347, § 2,
July 11, 1972, 86 Stat. 459; amended Pub. L.
94–273, § 3(4), Apr. 21, 1976, 90 Stat. 376; Pub. L.
94–422, title I, § 101(2), Sept. 28, 1976, 90 Stat. 1314;
Pub. L. 95–42, § 1(2), June 10, 1977, 91 Stat. 210.)
REFERENCES IN TEXT
The convening of the Ninety-fifth Congress, referred
to in text, took place on Jan. 4, 1977.
PRIOR PROVISIONS
A prior section 5 of Pub. L. 88–578 was renumbered
section 6 and is classified to section 460l–8 of this title.
AMENDMENTS
1977—Pub. L. 95–42 inserted last four sentences providing that appropriations from the fund up to and including $600,000,000 in fiscal year 1978 and up to and including $750,000,000 in fiscal year 1979 continue to be allocated in accordance with this section, that there be
credited to a special account within the fund
$300,000,000 in fiscal year 1978 and $150,000,000 in fiscal
year 1979 from the amounts authorized by section 460l–5
of this title, that amounts credited to this account remain in the account until appropriated, and that appropriations from the special account be available only
with respect to areas existing and authorizations enacted prior to the convening of the Ninety-fifth Congress, for acquisition of lands, waters, or interests in
lands or waters within the exterior boundaries of the
national park system, national scenic trails, the national wilderness preservation system, federally administered components of the National Wild and Scenic
Rivers System, and national recreation areas administered by the Secretary of Agriculture.
1976—Pub. L. 94–422 revised subsec. (a), striking out
designation ‘‘(a)’’ and striking out provisions relating
to the authority of the President to vary percentages of
the fund to be made available to the States and Federal
government, and struck out subsec. (b) relating to advance appropriations to be allocated for State and Federal purposes and the schedule and procedure for repayment of such appropriations.
Subsec. (b). Pub. L. 94–273 substituted ‘‘October’’ for
‘‘July’’ wherever appearing.
1968—Subsec. (b). Pub. L. 90–401 substituted ‘‘until the
end of fiscal year 1969’’ for ‘‘for a total of eight years’’
in provision spelling out the term during which the advance appropriations are authorized from moneys in
the Treasury not otherwise appropriated in amounts
averaging not more than $60,000,000 for each fiscal year.

§ 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

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TITLE 16—CONSERVATION

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 1
(2) At any time, the remaining appropriation
shall be apportioned on the basis of need to individual States by the Secretary in such
amounts as in his judgment will best accomplish the purposes of this part. 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 resources of individual
States by persons from outside the State as
well as a consideration of the Federal resources and programs in the particular 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, acquisition, 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 specified 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 islands
achieve Commonwealth status) shall be treated collectively as one State, and shall receive
shares of such apportionment in proportion to
their populations. The above listed areas shall
be treated as States for all other purposes of
sections 460l–4 to 460l–6a and 460l–7 to 460l–10e
of this title.
1 So in original. Probably should end with period instead of
‘‘; and’’.

§ 460l–8

(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 or 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; wetlands consideration; wetlands priority plan
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 this part: 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 participation, 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 this part;
(2) an evaluation of the demand for and supply 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
determined 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 financed in part with funds supplied by the Housing and Home Finance Agency,
any statewide outdoor recreation plan prepared
for purposes of this part 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 comprehensive statewide outdoor
recreation plan when such plan is not otherwise
available or for the maintenance of such plan.
For fiscal year 1988 and thereafter each comprehensive statewide outdoor recreation plan
shall specifically address wetlands within that
State as an important outdoor recreation resource as a prerequisite to approval, except that
a revised comprehensive statewide outdoor
recreation plan shall not be required by the Secretary, if a State submits, and the Secretary,
acting through the Director of the National
Park Service, approves, as a part of and as an

§ 460l–8

TITLE 16—CONSERVATION

addendum to the existing comprehensive statewide outdoor recreation plan, a wetlands priority plan developed in consultation with the
State agency with responsibility for fish and
wildlife resources and consistent with the national wetlands priority conservation plan developed under section 3921 of this title or, if such
national plan has not been completed, consistent with the provisions of that section 2
(e) Projects for land and water acquisition; development
In addition to assistance for planning projects,
the Secretary may provide financial assistance
to any State for the following types of projects
or combinations thereof if they are in accordance with the State comprehensive plan:
(1) For the acquisition of land, waters, or interests in land or waters, or wetland areas and
interests therein as identified in the wetlands
provisions of the comprehensive plan (other
than land, waters, or interests in land or waters acquired from the United States for less
than fair market value), but not including incidental costs relating to acquisition.
Whenever a State provides that the owner of
a single-family residence may, at his option,
elect to retain a right of use and occupancy
for not less than six months from the date of
acquisition of such residence and such owner
elects to retain such a right, such owner shall
be deemed to have waived any benefits under
sections 4623, 4624, 4625, and 4626 of title 42 and
for the purposes of those sections such owner
shall not be considered a displaced person as
defined in section 4601(6) of title 42.
(2) For development of basic outdoor recreation facilities to serve the general public, including the development of Federal lands
under lease to States for terms of twenty-five
years or more: Provided, That no assistance
shall be available under this part to enclose or
shelter facilities normally used for outdoor
recreation activities, but the Secretary may
permit local funding, and after September 28,
1976, not to exceed 10 per centum of the total
amount allocated to a State in any one year to
be used for sheltered facilities for swimming
pools and ice skating rinks in areas where the
Secretary determines that the severity of climatic conditions and the increased public use
thereby made possible justifies the construction of such facilities.
(f) Requirements for project approval; conditions; progress payments; payments to Governors or State officials or agencies; State
transfer of funds to public agencies; conversion of property to other uses; reports to Secretary; accounting; records; audit; discrimination prohibited
(1) Payments may be made to States by the
Secretary only for those planning, acquisition,
or development projects that are approved by
him. No payment may be made by the Secretary
for or on account of any project with respect to
which financial assistance has been given or
promised under any other Federal program or
activity, and no financial assistance may be
given under any other Federal program or activ2 So

in original. Probably should be followed by a period.

Page 578

ity for or on account of any project with respect
to which such assistance has been given or
promised under this part. The Secretary may
make payments from time to time in keeping
with the rate of progress toward the satisfactory
completion of individual projects: Provided, That
the approval of all projects and all payments, or
any commitments relating thereto, shall be
withheld until the Secretary receives appropriate written assurance from the State that the
State has the ability and intention to finance
its share of the cost of the particular project,
and to operate and maintain by acceptable
standards, at State expense, the particular properties or facilities acquired or developed for public outdoor recreation use.
(2) Payments for all projects shall be made by
the Secretary to the Governor of the State or to
a State official or agency designated by the Governor or by State law having authority and responsibility to accept and to administer funds
paid hereunder for approved projects. If consistent with an approved project, funds may be
transferred by the State to a political subdivision or other appropriate public agency.
(3) No property acquired or developed with assistance under this section shall, without the
approval of the Secretary, be converted to other
than public outdoor recreation uses. The Secretary shall approve such conversion only if he
finds it to be in accord with the then existing
comprehensive statewide outdoor recreation
plan and only upon such conditions as he deems
necessary to assure the substitution of other
recreation properties of at least equal fair market value and of reasonably equivalent usefulness and location.: 3 Provided, 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.
(4) No payment shall be made to any State
until the State has agreed to (1) provide such reports to the Secretary, in such form and containing such information, as may be reasonably
necessary to enable the Secretary to perform his
duties under this part, and (2) provide such fiscal control and fund accounting procedures as
may be necessary to assure proper disbursement
and accounting for Federal funds paid to the
State under this part.
(5) Each recipient of assistance under this part
shall keep such records as the Secretary shall
prescribe, including records which fully disclose
the amount and the disposition by such recipient of the proceeds of such assistance, the total
cost of the project or undertaking in connection
with which such assistance is given or used, and
the amount and nature of that portion of the
cost of the project or undertaking supplied by
other sources, and such other records as will facilitate an effective audit.
(6) The Secretary, and the Comptroller General of the United States, or any of their duly
3 So

in original. The period probably should not appear.

Page 579

authorized representatives, shall have access for
the purpose of audit and examination to any
books, documents, papers, and records of the recipient that are pertinent to assistance received
under this part.
(7) Repealed. Pub. L. 104–333, div. I, title VIII,
§ 814(d)(1)(H), Nov. 12, 1996, 110 Stat. 4196.
(8) With respect to property acquired or developed with assistance from the fund, discrimination on the basis of residence, including preferential reservation or membership systems, is
prohibited except to the extent that reasonable
differences in admission and other fees may be
maintained on the basis of residence.
(g) Coordination with Federal agencies
In order to assure consistency in policies and
actions under this part with other related Federal programs and activities (including those
conducted pursuant to title VII of the Housing
Act of 1961 [42 U.S.C. 1500 et seq.] and section
701 4 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 im4 See

References in Text note below.

§ 460l–8

TITLE 16—CONSERVATION

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

§ 460l–9

TITLE 16—CONSERVATION

ceived 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 singlefamily 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
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 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.

§ 460l–9. Allocation of land and water conservation fund moneys for Federal purposes
(a) Allowable purposes and subpurposes; acquisition of land and waters and interests therein;
offset for specified capital costs
Moneys appropriated from the fund for Federal purposes shall, unless otherwise allotted in
the appropriation Act making them available,

Page 580

be allotted by the President to the following
purposes and subpurposes:
(1) For the acquisition of land, waters, or interests in land or waters as follows:
National Park System; recreation areas—Within the exterior boundaries of areas of the National Park System now or hereafter authorized or established and of areas now or hereafter authorized to be administered by the
Secretary of the Interior for outdoor recreation purposes.
National Forest System—Inholdings within (a)
wilderness areas of the National Forest System, and (b) other areas of national forests as
the boundaries of those forests exist on the effective date of this Act, or purchase units approved by the National Forest Reservation
Commission subsequent to the date of this
Act, all of which other areas are primarily of
value for outdoor recreation purposes: Provided, That lands outside of but adjacent to an
existing national forest boundary, not to exceed three thousand acres in the case of any
one forest, which would comprise an integral
part of a forest recreational management area
may also be acquired with moneys appropriated from this fund: Provided further, That
except for areas specifically authorized by Act
of Congress, not more than 15 per centum of
the acreage added to the National Forest System pursuant to this section shall be west of
the 100th meridian.
National Wildlife Refuge System—Acquisition
for (a) endangered species and threatened species authorized under section 1534(a) of this
title; (b) areas authorized by section 460k–1 of
this title; (c) national wildlife refuge areas
under section 742f(a)(4) of this title and wetlands acquired under section 3922 of this title;
(d) any areas authorized for the National Wildlife Refuge System by specific Acts.
(2) For payment into miscellaneous receipts of
the Treasury as a partial offset for those capital
costs, if any, of Federal water development
projects hereafter authorized to be constructed
by or pursuant to an Act of Congress which are
allocated to public recreation and the enhancement of fish and wildlife values and financed
through appropriations to water resource agencies.
(3) Appropriations allotted for the acquisition
of land, waters, or interests in land or waters as
set forth under the headings ‘‘National Park
System; Recreation Areas’’ and ‘‘National Forest System’’ in paragraph (1) of this subsection
shall be available therefor notwithstanding any
statutory ceiling on such appropriations contained in any other provision of law enacted
prior to the convening of the Ninety-fifth Congress or, in the case of national recreation
areas, prior to the convening of the Ninety-sixth
Congress; except that for any such area expenditures may not exceed a statutory ceiling during
any one fiscal year by 10 per centum of such
ceiling or $1,000,000, whichever is greater.
(b) Acquisition restrictions
Appropriations from the fund pursuant to this
section shall not be used for acquisition unless
such acquisition is otherwise authorized by law:
Provided, however, That appropriations from the

Page 581

§ 460l–9

TITLE 16—CONSERVATION

fund may be used for preacquisition work in instances where authorization is imminent and
where substantial monetary savings could be realized.
(c) Boundary changes; donations; authority of
Secretary
(1) Whenever the Secretary of the Interior determines that to do so will contribute to, and is
necessary for, the proper preservation, protection, interpretation, or management of an area
of the national park system, he may, following
timely notice in writing to the Committee on
Resources of the House of Representatives and
to the Committee on Energy and Natural Resources of the Senate of his intention to do so,
and by publication of a revised boundary map or
other description in the Federal Register, (i)
make minor revisions of the boundary of the
area, and moneys appropriated from the fund
shall be available for acquisition of any lands,
waters, and interests therein added to the area
by such boundary revision subject to such statutory limitations, if any, on methods of acquisition and appropriations thereof as may be specifically applicable to such area; and (ii) acquire
by donation, purchase with donated funds,
transfer from any other Federal agency, or exchange, lands, waters, or interests therein adjacent to such area, except that in exercising his
authority under this clause (ii) the Secretary
may not alienate property administered as part
of the national park system in order to acquire
lands by exchange, the Secretary may not acquire property without the consent of the owner,
and the Secretary may acquire property owned
by a State or political subdivision thereof only
by donation. Prior to making a determination
under this subsection, the Secretary shall consult with the duly elected governing body of the
county, city, town, or other jurisdiction or jurisdictions having primary taxing authority over
the land or interest to be acquired as to the impacts of such proposed action, and he shall also
take such steps as he may deem appropriate to
advance local public awareness of the proposed
action. Lands, waters, and interests therein acquired in accordance with this subsection shall
be administered as part of the area to which
they are added, subject to the laws and regulations applicable thereto.
(2) For the purposes of clause (i) of paragraph
(1), in all cases except the case of technical
boundary revisions (resulting from such causes
as survey error or changed road alignments), the
authority of the Secretary under such clause (i)
shall apply only if each of the following conditions is met:
(A) The sum of the total acreage of lands,
waters, and interests therein to be added to
the area and the total such acreage to be deleted from the area is not more than 5 percent
of the total Federal acreage authorized to be
included in the area and is less than 200 acres
in size.
(B) The acquisition, if any, is not a major
Federal action significantly affecting the
quality of the human environment, as determined by the Secretary.
(C) The sum of the total appraised value of
the lands, waters, and interests therein to be

added to the area and the total appraised
value of the lands, waters, and interests therein to be deleted from the area does not exceed
$750,000.
(D) The proposed boundary revision is not an
element of a more comprehensive boundary
modification proposal.
(E) The proposed boundary has been subject
to a public review and comment period.
(F) The Director of the National Park Service obtains written consent for the boundary
modification from all property owners whose
lands, waters, or interests therein, or a portion of whose lands, waters, or interests therein, will be added to or deleted from the area by
the boundary modification.
(G) The lands abut other Federal lands administered by the Director of the National
Park Service.
Minor boundary revisions involving only deletions of acreage owned by the Federal Government and administered by the National Park
Service may be made only by Act of Congress.
(Pub. L. 88–578, title I, § 7, formerly § 6, Sept. 3,
1964, 78 Stat. 903; Pub. L. 90–401, § 1(c), July 15,
1968, 82 Stat. 355; renumbered § 7, Pub. L. 92–347,
§ 2, July 11, 1972, 86 Stat. 459; amended Pub. L.
93–205, § 13(c), Dec. 28, 1973, 87 Stat. 902; Pub. L.
94–422, title I, § 101(4), Sept. 28, 1976, 90 Stat. 1317;
Pub. L. 95–42, § 1(3)–(5), June 10, 1977, 91 Stat. 210,
211; Pub. L. 96–203, § 2, Mar. 10, 1980, 94 Stat. 81;
Pub. L. 99–645, title III, § 302, Nov. 10, 1986, 100
Stat. 3587; Pub. L. 103–437, § 6(p)(3), Nov. 2, 1994,
108 Stat. 4586; Pub. L. 104–333, div. I, title VIII,
§ 814(b), (d)(2)(C), Nov. 12, 1996, 110 Stat. 4194,
4196; Pub. L. 106–176, title I, §§ 120(b), 129, Mar. 10,
2000, 114 Stat. 28, 30.)
REFERENCES IN TEXT
The effective date of this Act, referred to in subsec.
(a)(1), means the effective date of Pub. L. 88–578, which
was Jan. 1, 1965. See Effective Date note set out under
section 460l–4 of this title.
The convening of the Ninety-fifth Congress, referred
to in subsec. (a)(3), took place on Jan. 4, 1977.
The convening of the Ninety-sixth Congress, referred
to in subsec. (a)(3), took place on Jan. 15, 1979.
PRIOR PROVISIONS
A prior section 7 of Pub. L. 88–578 was renumbered
section 8 and is classified to section 460l–10 of this title.
AMENDMENTS
2000—Subsec. (c). Pub. L. 106–176, § 129, which directed
the amendment of section 814(b)(2)(G) of Pub. L. 104–333
by substituting ‘‘abut’’ for ‘‘are adjacent to’’ was executed by making the substitution in subsec. (c)(2)(G) of
this section which had been added by section
814(b)(2)(B) of Pub. L. 104–333, to reflect the probable intent of Congress. See 1996 Amendment note below.
Subsec. (c)(2)(C). Pub. L. 106–176, § 120(b)(1), substituted ‘‘lands, waters, and interests therein’’ for
‘‘lands, water, and interest therein’’.
Subsec. (c)(2)(F). Pub. L. 106–176, § 120(b)(2), substituted ‘‘lands, waters, or interests therein, or a portion of whose lands, waters, or interests therein,’’ for
‘‘lands, water, or interests therein, or a portion of
whose lands, water, or interests therein,’’.
1996—Subsec. (a)(3). Pub. L. 104–333, § 814(d)(2)(C),
struck out at end ‘‘The Secretary of the Interior shall,
prior to the expenditure of funds which would cause a
statutory ceiling to be exceeded by $1,000,000 or more,
and with respect to each expenditure of $1,000,000 or

§ 460l–10

TITLE 16—CONSERVATION

more in excess of such a ceiling, provide written notice
of such proposed expenditure not less than thirty calendar days in advance to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate.’’
Subsec. (c). Pub. L. 104–333, § 814(b)(2)(B), as amended
by Pub. L. 106–176, § 129, designated existing provisions
as par. (1) and added par. (2).
Pub. L. 104–333, § 814(b)(1), (2)(A), substituted ‘‘Committee on Resources’’ for ‘‘Committee on Natural Resources’’ and struck out ‘‘: Provided, however, That such
authority shall apply only to those boundaries established subsequent to January 1, 1965’’ before ‘‘; and
(ii)’’.
1994—Subsecs. (a)(3), (c). Pub. L. 103–437 substituted
‘‘Natural Resources’’ for ‘‘Interior and Insular Affairs’’
after ‘‘Committee on’’.
1986—Subsec. (a)(1). Pub. L. 99–645, in provisions relating to the National Wildlife Refuge System, substituted ‘‘national wildlife refuge areas under section
742f(a)(4) of this title and wetlands acquired under section 3922 of this title’’ for ‘‘national wildlife refuge
areas under section 742f(a)(5) of this title except migratory waterfowl areas which are authorized to be acquired by the Migratory Bird Conservation Act of 1929,
as amended’’.
1980—Subsec. (a)(3). Pub. L. 96–203, § 2(1), inserted provisions relating to applicability to national recreation
areas.
Subsec. (c). Pub. L. 96–203, § 2(2), substituted ‘‘apply
only to those boundaries established subsequent to
January 1, 1965’’ for ‘‘expire ten years from the date of
enactment of the authorizing legislation establishing
such boundaries’’.
1977—Subsec. (a)(3). Pub. L. 95–42, § 1(3), added par. (3).
Subsec. (b). Pub. L. 95–42, § 1(4), inserted proviso that
appropriations from the fund may be used for preacquisition work in instances where authorization is
imminent and where substantial monetary savings
could be realized.
Subsec. (c). Pub. L. 95–42, § 1(5), added subsec. (c).
1976—Subsec. (a)(1). Pub. L. 94–422 in paragraph designated ‘‘National Forest System’’ inserted ‘‘or purchase units approved by the National Forest Reservation Commission, subsequent to September 3, 1965, all
of’’ after ‘‘January 1, 1965,’’ and substituted ‘‘three
thousand’’ for ‘‘five hundred’’ and incorporated provisions contained in paragraphs designated ‘‘Endangered
Species and Threatened Species’’ and ‘‘Recreation at
refuges’’ into paragraph designated ‘‘National Wildlife
Refuge System’’ inserting references to section
742f(a)(5) of this title, the Migratory Bird Conservation
Act of 1929, and areas authorized for the National Wildlife Refuge System by specific Acts.
Subsec. (b). Pub. L. 94–422 reenacted subsec. (b) without change.
1973—Subsec. (a)(1). Pub. L. 93–205 substituted reference to ‘‘Endangered species and threatened species’’
followed by a definition covering ‘‘lands, waters, or interests therein, the acquisition of which is authorized
under section 1533(a) of this title, needed for the purpose of conserving endangered or threatened species of
fish or wildlife or plants’’ for a reference to ‘‘Threatened species’’ followed by a definition covering ‘‘any
national area which may be authorized for the preservation of species of fish or wildlife that are threatened
with extinction’’.
1968—Subsec. (a). Pub. L. 90–401 struck out ‘‘in substantially the same proportion as the number of visitor-days in areas and projects hereinafter described for
which admission fees are charged under section 460l–5 of
this title’’ after ‘‘purposes and subpurposes’’ in text
preceding par. (1).
CHANGE OF NAME
Committee on Resources of House of Representatives
changed to Committee on Natural Resources of House
of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.

Page 582

EFFECTIVE DATE OF 1973 AMENDMENT
Amendment by Pub. L. 93–205 effective Dec. 28, 1973,
see section 16 of Pub. L. 93–205, set out as an Effective
Date note under section 1531 of this title.
EFFECTIVE DATE OF 1968 AMENDMENT
For effective date of amendment by Pub. L. 90–401,
see section 1(d) of Pub. L. 90–401, as amended by section
1 of Pub. L. 91–308, set out as a note under section 460l–5
of this title.

§ 460l–10. Availability of land and water conservation fund for publicity purposes; standardized temporary signing; standards and
guidelines
Moneys derived from the sources listed in section 460l–5 of this title shall not be available for
publicity purposes: Provided, however, That in
each case where significant acquisition or development is initiated, appropriate standardized
temporary signing shall be located on or near
the affected site, to the extent feasible, so as to
indicate the action taken is a product of funding
made available through the Land and Water
Conservation Fund. Such signing may indicate
the per centum and dollar amounts financed by
Federal and non-Federal funds, and that the
source of the funding includes moneys derived
from Outer Continental Shelf receipts. The Secretary shall prescribe standards and guidelines
for the usage of such signing to assure consistency of design and application.
(Pub. L. 88–578, title I, § 8, formerly § 7, Sept. 3,
1964, 78 Stat. 903; renumbered § 8, Pub. L. 92–347,
§ 2, July 11, 1972, 86 Stat. 459; amended Pub. L.
94–422, title I, § 101(5), Sept. 28, 1976, 90 Stat.
1318.)
PRIOR PROVISIONS
A prior section 8 of Pub. L. 88–578 was renumbered
section 9 and is classified to section 460l–10a of this
title.
AMENDMENTS
1976—Pub. L. 94–422 inserted proviso that temporary
standardized signs shall be placed at or near any acquisition or development project undertaken through use
of the fund and that the Secretary is to determine the
standards and guidelines of such signing.

§ 460l–10a. Contracts for acquisition of lands and
waters
Not to exceed $30,000,000 of the money authorized to be appropriated from the fund by section
460l–6 of this title may be obligated by contract
during each fiscal year for the acquisition of
lands, waters, or interests therein within areas
specified in section 460l–9(a)(1) of this title. Any
such contract may be executed by the head of
the department concerned, within limitations
prescribed by the Secretary of the Interior. Any
such contract so entered into shall be deemed a
contractual obligation of the United States and
shall be liquidated with money appropriated
from the fund specifically for liquidation of such
contract obligation. No contract may be entered
into for the acquisition of property pursuant to
this section unless such acquisition is otherwise
authorized by Federal law.
(Pub. L. 88–578, title I, § 9, formerly § 8, as added
Pub. L. 90–401, § 4, July 15, 1968, 82 Stat. 355;

Page 583

§ 460l–10d

TITLE 16—CONSERVATION

amended Pub. L. 91–308, § 3, July 7, 1970, 84 Stat.
410; renumbered § 9, Pub. L. 92–347, § 2, July 11,
1972, 86 Stat. 459, and amended Pub. L. 93–303, § 3,
June 7, 1974, 88 Stat. 194.)
PRIOR PROVISIONS
A prior section 9 of Pub. L. 88–578 was renumbered
section 10 and is classified to section 460l–10b of this
title.
AMENDMENTS
1974—Pub. L. 93–303 substituted ‘‘section 7(a)(1)’’ for
‘‘section 6(a)(1)’’, which, for purposes of codification, is
translated as ‘‘section 460l–9(a)(1)’’.
1970—Pub. L. 91–308 substituted ‘‘fiscal year’’ for ‘‘of
fiscal years 1969 and 1970’’.
RESCISSION OF CONTRACT AUTHORITY
Provisions rescinding contract authority provided for
specific fiscal years by 16 U.S.C. 460l–10a were contained
in the following appropriation acts:
Pub. L. 113–6, div. F, title IV, § 1402, Mar. 26, 2013, 127
Stat. 419.
Pub. L. 112–74, div. E, title I, Dec. 23, 2011, 125 Stat.
992.
Pub. L. 112–10, div. B, title VII, § 1719, Apr. 15, 2011, 125
Stat. 150.
Pub. L. 111–88, div. A, title I, Oct. 30, 2009, 123 Stat.
2912.
Pub. L. 111–8, div. E, title I, Mar. 11, 2009, 123 Stat.
709.
Pub. L. 110–161, div. F, title I, Dec. 26, 2007, 121 Stat.
2106.
Pub. L. 109–289, div. B, title II, § 20504, as added by
Pub. L. 110–5, § 2, Feb. 15, 2007, 121 Stat. 26.
Pub. L. 109–54, title I, Aug. 2, 2005, 119 Stat. 509.
Pub. L. 108–447, div. E, title I, Dec. 8, 2004, 118 Stat.
3050.
Pub. L. 108–108, title I, Nov. 10, 2003, 117 Stat. 1251.
Pub. L. 108–7, div. F, title I, Feb. 20, 2003, 117 Stat. 226.
Pub. L. 107–63, title I, Nov. 5, 2001, 115 Stat. 425.
Pub. L. 106–291, title I, Oct. 11, 2000, 114 Stat. 930.
Pub. L. 106–113, div. B, § 1000(a)(3) [title I], Nov. 29,
1999, 113 Stat. 1535, 1501A–143.
Pub. L. 105–277, div. A, § 101(e) [title I], Oct. 21, 1998,
112 Stat. 2681–231, 2681–240.
Pub. L. 105–83, title I, Nov. 14, 1997, 111 Stat. 1550.
Pub. L. 104–208, div. A, title I, § 101(d) [title I], Sept.
30, 1996, 110 Stat. 3009–181, 3009–188.
Pub. L. 104–134, title I, § 101(c) [title I], Apr. 26, 1996,
110 Stat. 1321–156, 1321–163; renumbered title I, Pub. L.
104–140, § 1(a), May 2, 1996, 110 Stat. 1327.
Pub. L. 103–332, title I, Sept. 30, 1994, 108 Stat. 2506.
Pub. L. 103–138, title I, Nov. 11, 1993, 107 Stat. 1386.
Pub. L. 102–381, title I, Oct. 5, 1992, 106 Stat. 1383.
Pub. L. 102–154, title I, Nov. 13, 1991, 105 Stat. 998.
Pub. L. 101–512, title I, Nov. 5, 1990, 104 Stat. 1922.
Pub. L. 101–121, title I, Oct. 23, 1989, 103 Stat. 708.
Pub. L. 100–446, title I, Sept. 27, 1988, 102 Stat. 1781.
Pub. L. 100–202, § 101(g) [title I], Dec. 22, 1987, 101 Stat.
1329–213, 1329–221.
Pub. L. 100–71, title I, July 11, 1987, 101 Stat. 414.
Pub. L. 99–349, title I, July 2, 1986, 100 Stat. 731.

§ 460l–10b. Contracts for options to acquire lands
and waters in national park system
The Secretary of the Interior may enter into
contracts for options to acquire lands, waters, or
interests therein within the exterior boundaries
of any area the acquisition of which is authorized by law for inclusion in the national park
system. The minimum period of any such option
shall be two years, and any sums expended for
the purchase thereof shall be credited to the
purchase price of said area. Not to exceed
$500,000 of the sum authorized to be appropriated
from the fund by section 460l–6 of this title may

be expended by the Secretary in any one fiscal
year for such options.
(Pub. L. 88–578, title I, § 10, formerly § 9, as added
Pub. L. 90–401, § 4, July 15, 1968, 82 Stat. 355; renumbered § 10, Pub. L. 92–347, § 2, July 11, 1972, 86
Stat. 459.)
PRIOR PROVISIONS
A prior section 10 of Pub. L. 88–578 was renumbered
section 11 and is classified to section 460l–10c of this
title.

§ 460l–10c. Repeal of provisions prohibiting collection of recreation fees or user charges
All other provisions of law that prohibit the
collection of entrance, admission, or other
recreation user fees or charges authorized by
this part or that restrict the expenditure of
funds if such fees or charges are collected are
hereby also repealed: Provided, That no provision of any law or treaty which extends to any
person or class of persons a right of free access
to the shoreline of any reservoir or other body of
water, or to hunting and fishing along or on
such shoreline, shall be affected by this repealer.
(Pub. L. 88–578, title I, § 11, formerly § 2(a) (in
part), Sept. 3, 1964, 78 Stat. 899; renumbered § 10,
Pub. L. 90–401, § 1(a), July 15, 1968, 82 Stat. 354;
renumbered § 11, Pub. L. 92–347, § 2, July 11, 1972,
86 Stat. 459.)
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.
CODIFICATION
In addition to the text set out in the section above,
the original contained provisions directing the repeal
of section 14 of this title and the deletion of ‘‘, without
charge,’’ in the sentence of section 460d of this title beginning ‘‘The water areas of all such projects shall be
open to public use generally’’. The repeals and deletions called for by those provisions were executed as
thus directed so that those provisions have been omitted from the text as executed.
Section formerly constituted the fourth paragraph of
section 2(a) of Pub. L. 88–578 which was classified to
section 460l–5(a) of this title. The paragraph was lifted
out of section 2(a) and redesignated section 10 by section 1(a) of Pub. L. 90–401, which, for purposes of classification, resulted in the designation of the paragraph as
section 460l–10c of this title [this section].
EFFECTIVE DATE
Section effective Jan. 1, 1965, see note set out under
section 460l–4 of this title. Transfer of the provisions of
this section from section 460l–5(a) of this title to this
section effective Dec. 31, 1971, see section 1(d) of Pub. L.
90–401, as amended by section 1 of Pub. L. 91–308, set out
as an Effective Date of 1968 Amendment note under section 460l–5 of this title.

§ 460l–10d. Review and report; submittal to Congressional committees; contents
Within one year of September 28, 1976, the Secretary is authorized and directed to submit to
the Committees on Interior and Insular Affairs
of the Senate and House of Representatives a
comprehensive review and report on the needs,

§ 460l–10e

TITLE 16—CONSERVATION

problems, and opportunities associated with
urban recreation in highly populated regions, including the resources potentially available for
meeting such needs. The report shall include
site specific analyses and alternatives, in a selection of geographic environments representative of the Nation as a whole, including, but not
limited to, information on needs, local capabilities for action, major site opportunities, trends,
and a full range of options and alternatives as to
possible solutions and courses of action designed
to preserve remaining open space, ameliorate
recreational deficiency, and enhance recreational opportunity for urban populations, together with an analysis of the capability of the
Federal Government to provide urban-oriented
environmental education programs (including,
but not limited to, cultural programs in the arts
and crafts) within such options. The Secretary
shall consult with, and request the views of, the
affected cities, counties, and States on the alternatives and courses of action identified.
(Pub. L. 88–578, title I, § 12, as added Pub. L.
94–422, title I, § 101(6), Sept. 28, 1976, 90 Stat.
1318.)
CHANGE OF NAME
Committee on Interior and Insular Affairs of the Senate abolished and replaced by Committee on Energy
and Natural Resources of the Senate, effective Feb. 11,
1977. See Rule XXV of Standing Rules of the Senate, as
amended by Senate Resolution No. 4 (popularly cited as
the ‘‘Committee System Reorganization Amendments
of 1977’’), approved Feb. 4, 1977.
Committee on Interior and Insular Affairs of the
House of Representatives changed to Committee on
Natural Resources of the House of Representatives on
Jan. 5, 1993, by House Resolution No. 5, One Hundred
Third Congress.

§ 460l–10e. Advisory Commission on water-based
recreation
(a) Appointment; report
The President shall appoint an advisory commission to review the opportunities for enhanced opportunities for water-based recreation
which shall submit a report to the President and
to the Committee on Energy and Natural Resources of the Senate and to the Committee on
Transportation and Infrastructure and the Committee on Resources of the House of Representatives within one year from November 12, 1996.
(b) Members
The members of the Commission shall include—
(1) the Secretary of the Interior, or his designee;
(2) the Secretary of the Army, or his designee;
(3) the Chairman of the Tennessee Valley
Authority, or his designee;
(4) the Secretary of Agriculture, or his designee;
(5) a person nominated by the National Governor’s Association; and
(6) four persons familiar with the interests
of the recreation and tourism industry, conservation and recreation use, Indian tribes,
and local governments, at least one of whom
shall be familiar with the economics and financing of recreation-related infrastructure.

Page 584

(c) Chairman; vacancies; administration
The President shall appoint one member to
serve as Chairman. Any vacancy on the Commission shall be filled in the same manner as the
original appointment. Members of the Commission shall serve without compensation but shall
be reimbursed for travel, subsistence, and other
necessary expenses incurred by them in the performance of their duties. The Secretary of the
Interior shall provide all financial, administrative, and staffing requirements for the Commission, including office space, furnishings, and
equipment. The heads of other Federal agencies
are authorized, at the request of the Commission, to provide such information or personnel,
to the extent permitted by law and within the
limits of available funds, to the Commission as
may be useful to accomplish the purposes of this
section.
(d) Hearings
The Commission may hold such hearings, sit
and act at such times and places, take such testimony, and receive such evidence as it deems
advisable: Provided, That, to the maximum extent possible, the Commission shall use existing
data and research. The Commission is authorized to use the United States mail in the same
manner and upon the same conditions as other
departments and agencies of the United States.
(e) Contents of report
The report shall review the extent of water-related recreation at Federal man-made lakes and
reservoirs and shall develop alternatives to enhance the opportunities for such use by the public. In developing the report, the Commission
shall—
(1) review the extent to which recreation
components identified in specific authorizations associated with individual Federal manmade lakes and reservoirs have been accomplished;
(2) evaluate the feasibility of enhancing
recreation opportunities at federally managed
lakes and reservoirs under existing statutes;
(3) consider legislative changes that would
enhance recreation opportunities consistent
with and subject to the achievement of the authorized purposes of Federal water projects;
and
(4) make recommendations on alternatives
for enhanced recreation opportunities including, but not limited to, the establishment of a
National Recreation Lake System under
which specific lakes would receive national
designation and which would be managed
through innovative partnership-based agreements between Federal agencies, State and
local units of government, and the private sector.
Any such alternatives shall be consistent with
and subject to the authorized purposes for any
man-made lakes and reservoirs and shall emphasize private sector initiatives in concert with
State and local units of government.
(Pub. L. 88–578, title I, § 13, as added Pub. L.
104–333, div. I, title X, § 1021(b), Nov. 12, 1996, 110
Stat. 4210; amended Pub. L. 105–83, title V, § 505,
Nov. 14, 1997, 111 Stat. 1617; Pub. L. 106–176, title
I, § 123(b), Mar. 10, 2000, 114 Stat. 29.)

Page 585

§ 460l–11

TITLE 16—CONSERVATION
AMENDMENTS

2000—Subsec. (b)(6). Pub. L. 106–176, § 123(b)(1), substituted ‘‘recreation-related’’ for ‘‘recreation related’’.
Subsec. (e). Pub. L. 106–176, § 123(b)(2)(A), (C), in introductory provisions, substituted ‘‘water-related’’ for
‘‘water related’’ and ‘‘man-made’’ for ‘‘manmade’’ and,
in concluding provisions, substituted ‘‘man-made’’ for
‘‘manmade’’.
Subsec. (e)(1). Pub. L. 106–176, § 123(b)(2)(C), substituted ‘‘man-made’’ for ‘‘manmade’’.
Subsec. (e)(2). Pub. L. 106–176, § 123(b)(2)(B), substituted ‘‘federally managed’’ for ‘‘federally-managed’’.
1997—Pub. L. 105–83 made technical amendment to directory language of Pub. L. 104–333, § 1021(b), which
added this section.
CHANGE OF NAME
Committee on Resources of House of Representatives
changed to Committee on Natural Resources of House
of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.
RECREATIONAL OPPORTUNITIES AT FEDERALLY-MANAGED
MANMADE LAKES AND RESERVOIRS
Pub. L. 104–333, div. I, title X, § 1021(a), Nov. 12, 1996,
110 Stat. 4210, as amended by Pub. L. 106–176, title I,
§ 123(a), Mar. 10, 2000, 114 Stat. 29, provided that: ‘‘The
Congress finds that the Federal Government, under the
authority of the Reclamation Act [probably means act
June 17, 1902, ch. 1093, 32 Stat. 388, see Short Title note
under section 371 of Title 43, Public Lands] and other
statutes, has developed man-made lakes and reservoirs
that have become a powerful magnet for diverse recreational activities and that such activities contribute
to the well-being of families and individuals and the
economic viability of local communities. The Congress
further finds that in order to further the purposes of
the Land and Water Conservation Fund, the President
should appoint an advisory commission to review the
current and anticipated demand for recreational opportunities at federally managed man-made lakes and reservoirs through creative partnerships involving Federal, State, and local governments and the private sector and to develop alternatives for enhanced recreational use of such facilities.’’

§ 460l–11. Transfers to and from land and water
conservation fund
(a) Motorboat fuel taxes from highway trust fund
into conservation fund
There shall be set aside in the land and water
conservation fund in the Treasury of the United
States provided for in sections 460l–4 to 460l–6a
and 460l–7 to 460l–10e of this title the amounts
specified in section 9503(c)(3)(A) of title 26 (relating to transfer to Land and Water Conservation
Fund).
(b) Refunds of gasoline taxes for certain nonhighway purposes or used by local transit
systems and motorboat fuel taxes from conservation fund into general fund of Treasury
There shall be paid from time to time from the
land and water conservation fund into the general fund of the Treasury amounts estimated by
the Secretary of the Treasury as equivalent to—
(1) the amounts paid before October 1, 2017,
under section 6421 of title 26 (relating to
amounts paid in respect of gasoline used for
certain nonhighway purposes or by local transit systems) with respect to gasoline used
after December 31, 1964, in motorboats, on the
basis of claims filed for periods ending before
October 1, 2016; and
(2) 80 percent of the floor stocks refunds
made before October 1, 2017, under section 6412

of title 26 with respect to gasoline to be used
in motorboats.
(Pub. L. 88–578, title II, § 201, Sept. 3, 1964, 78
Stat. 904; Pub. L. 91–605, title III, § 302, Dec. 31,
1970, 84 Stat. 1743; Pub. L. 94–273, § 3(4), Apr. 21,
1976, 90 Stat. 376; Pub. L. 94–280, title III, § 302,
May 5, 1976, 90 Stat. 456; Pub. L. 95–599, title V,
§ 503(b), Nov. 6, 1978, 92 Stat. 2757; Pub. L. 97–424,
title V, § 531(c), Jan. 6, 1983, 96 Stat. 2191; Pub. L.
99–514, § 2, title XVIII, § 1875(e), Oct. 22, 1986, 100
Stat. 2095, 2897; Pub. L. 100–17, title V, § 503(c),
Apr. 2, 1987, 101 Stat. 258; Pub. L. 101–508, title
XI, § 11211(g)(2), Nov. 5, 1990, 104 Stat. 1388–427;
Pub. L. 102–240, title VIII, § 8002(d)(2)(B), Dec. 18,
1991, 105 Stat. 2204; Pub. L. 105–178, title IX,
§ 9002(c)(2)(B), June 9, 1998, 112 Stat. 500; Pub. L.
109–59, title XI, § 11101(c)(2)(B), Aug. 10, 2005, 119
Stat. 1944; Pub. L. 112–30, title I, § 142(e)(2)(B),
Sept. 16, 2011, 125 Stat. 356; Pub. L. 112–102, title
IV, § 402(e)(2)(B), Mar. 30, 2012, 126 Stat. 282; Pub.
L. 112–140, title IV, § 402(d)(2)(B), June 29, 2012,
126 Stat. 403; Pub. L. 112–141, div. D, title I,
§ 40102(e)(2)(B), July 6, 2012, 126 Stat. 845.)
REFERENCES IN TEXT
Section 6412(a)(2) of title 26, referred to in subsec.
(b)(2), was redesignated as ‘‘section 6412(a)(1) of title
26’’ by Pub. L. 94–455, § 1906(22), Oct. 4, 1976, 90 Stat. 1827.
AMENDMENTS
2012—Subsec. (b)(1). Pub. L. 112–141, § 40102(e)(2)(B),
substituted ‘‘October 1, 2017’’ for ‘‘July 1, 2013’’ and
‘‘October 1, 2016’’ for ‘‘July 1, 2012’’.
Pub. L. 112–140, §§ 1(c), 402(d)(2)(B), temporarily substituted ‘‘July 7, 2013’’ for ‘‘July 1, 2013’’ and ‘‘July 7,
2012’’ for ‘‘July 1, 2012’’. See Effective and Termination
Dates of 2012 Amendment note below.
Pub. L. 112–102, § 402(e)(2)(B), substituted ‘‘July 1,
2013’’ for ‘‘April 1, 2013’’ and ‘‘July 1, 2012’’ for ‘‘April 1,
2012’’.
Subsec. (b)(2). Pub. L. 112–141, § 40102(e)(2)(B)(i), substituted ‘‘October 1, 2017’’ for ‘‘July 1, 2013’’.
Pub. L. 112–140, §§ 1(c), 402(d)(2)(B)(i), temporarily substituted ‘‘July 7, 2013’’ for ‘‘July 1, 2013’’. See Effective
and Termination Dates of 2012 Amendment note below.
Pub. L. 112–102, § 402(e)(2)(B)(i), substituted ‘‘July 1,
2013’’ for ‘‘April 1, 2013’’.
2011—Subsec. (a). Pub. L. 112–30, § 142(e)(2)(B)(ii)(I),
substituted ‘‘section 9503(c)(3)(A) of title 26 (relating to
transfer to Land and Water Conservation Fund)’’ for
‘‘section 9503(c)(4)(B) of title 26 (relating to special
motor fuels and gasoline used in motorboats)’’.
Subsec. (b)(1). Pub. L. 112–30, § 142(e)(2)(B)(i), substituted ‘‘April 1, 2013’’ for ‘‘October 1, 2012’’ and ‘‘April
1, 2012’’ for ‘‘October 1, 2011’’.
Subsec. (b)(2). Pub. L. 112–30, § 142(e)(2)(B)(i)(I), (ii)(II),
substituted ‘‘April 1, 2013’’ for ‘‘October 1, 2012’’ and
‘‘section 6412’’ for ‘‘section 6412(a)(2)’’.
2005—Subsec. (b). Pub. L. 109–59 substituted ‘‘2011’’ for
‘‘2003’’ in par. (1) and ‘‘2012’’ for ‘‘2004’’ in pars. (1) and
(2).
1998—Subsec. (b). Pub. L. 105–178 substituted ‘‘2003’’
for ‘‘1997’’ in par. (1) and ‘‘2004’’ for ‘‘1998’’ in pars. (1)
and (2).
1991—Subsec. (b). Pub. L. 102–240 substituted ‘‘1997’’
for ‘‘1995’’ and ‘‘1998’’ for ‘‘1996’’ wherever appearing.
1990—Subsec. (b). Pub. L. 101–508 substituted ‘‘1995’’
for ‘‘1993’’ and ‘‘1996’’ for ‘‘1994’’ wherever appearing.
1987—Subsec. (b). Pub. L. 100–17 substituted ‘‘1993’’ for
‘‘1988’’ and ‘‘1994’’ for ‘‘1989’’ wherever appearing.
1986—Subsec. (a). Pub. L. 99–514, § 2, substituted ‘‘Internal Revenue Code of 1986’’ for ‘‘Internal Revenue
Code of 1954’’, which for purposes of codification was
translated as ‘‘title 26’’ thus requiring no change in
text.
Pub. L. 99–514, § 1875(e), substituted ‘‘section
9503(c)(4)(B) of title 26’’ for ‘‘section 209(f)(5) of the
Highway Revenue Act of 1956’’.

§ 460l–12

TITLE 16—CONSERVATION

Subsec. (b)(1). Pub. L. 99–514, § 2, substituted ‘‘Internal Revenue Code of 1986’’ for ‘‘Internal Revenue Code
of 1954’’, which for purposes of codification was translated as ‘‘title 26’’ thus requiring no change in text.
1983—Subsec. (b). Pub. L. 97–424 substituted ‘‘1989’’ for
‘‘1985’’ and ‘‘1988’’ for ‘‘1984’’ wherever appearing.
1978—Subsec. (b). Pub. L. 95–599 substituted ‘‘1984’’ for
‘‘1979’’ and ‘‘1985’’ for ‘‘1980’’ wherever appearing.
1976—Subsec. (b). Pub. L. 94–280 substituted ‘‘1979’’ for
‘‘1977’’ and ‘‘1980’’ for ‘‘1978’’ wherever appearing.
Pub. L. 94–273 substituted ‘‘October’’ for ‘‘July’’ wherever appearing.
1970—Subsec. (b). Pub. L. 91–605 substituted ‘‘1977’’ for
‘‘1972’’ and ‘‘1978’’ for ‘‘1973’’ wherever appearing.
EFFECTIVE AND TERMINATION DATES OF 2012
AMENDMENT
Pub. L. 112–141, div. D, title I, § 40102(f), July 6, 2012,
126 Stat. 845, provided that: ‘‘Except as otherwise provided in this section, the amendments made by this
section [amending this section and sections 4041, 4051,
4071, 4081, 4221, 4481 to 4483, 6412, and 9503 of Title 26, Internal Revenue Code] shall take effect on July 1, 2012.’’
Amendment by Pub. L. 112–140 to cease to be effective
on July 6, 2012, with text as amended by Pub. L. 112–140
to revert back to read as it did on the day before June
29, 2012, and amendments by Pub. L. 112–141 to be executed as if Pub. L. 112–140 had not been enacted, see
section 1(c) of Pub. L. 112–140, set out as a note under
section 101 of Title 23, Highways.
Pub. L. 112–140, title IV, § 402(f), June 29, 2012, 126
Stat. 403, provided that:
‘‘(1) IN GENERAL.—Except as provided in paragraph (2),
the amendments made by this section [amending this
section and sections 4041, 4051, 4071, 4081, 4221, 4482, 4483,
6412, and 9503 of Title 26, Internal Revenue Code] shall
take effect on July 1, 2012.
‘‘(2) TECHNICAL CORRECTION.—The amendment made
by subsection (e) [amending section 4482 of Title 26]
shall take effect as if included in section 402 of the Surface Transportation Extension Act of 2012 [Pub. L.
112–102].’’
Pub. L. 112–102, title IV, § 402(f), Mar. 30, 2012, 126 Stat.
283, provided that: ‘‘The amendments made by this section [amending this section and sections 4041, 4051, 4071,
4081, 4221, 4481 to 4483, 6412, and 9503 of Title 26, Internal
Revenue Code] shall take effect on April 1, 2012.’’
EFFECTIVE DATE OF 2011 AMENDMENT
Pub. L. 112–30, title I, § 142(f), Sept. 16, 2011, 125 Stat.
357, provided that: ‘‘The amendments made by this section [amending this section and sections 4041, 4051, 4071,
4081, 4221, 4481 to 4483, 6412, and 9503 of Title 26, Internal
Revenue Code] shall take effect on October 1, 2011.’’
EFFECTIVE DATE OF 1986 AMENDMENT
Amendment by section 1875(e) of Pub. L. 99–514 effective as if included in the provision of the Tax Reform
Act of 1984, Pub. L. 98–369, to which such amendment
relates, except as otherwise provided, see section 1881 of
Pub. L. 99–514, set out as a note under section 48 of
Title 26, Internal Revenue Code.
EFFECTIVE DATE OF 1983 AMENDMENT
Amendment by Pub. L. 97–424 effective Jan. 1, 1983,
see section 531(e) of Pub. L. 97–424, set out as an Effective Date; Savings Provision note under section 9503 of
Title 26, Internal Revenue Code.
EFFECTIVE DATE
Section effective Jan. 1, 1965, see note set out under
section 460l–4 of this title.
PLAN AMENDMENTS NOT REQUIRED UNTIL
JANUARY 1, 1989
For provisions directing that if any amendments
made by subtitle A or subtitle C of title XI [§§ 1101–1147
and 1171–1177] of title XVIII [§§ 1800–1899A] of Pub. L.

Page 586

99–514 require an amendment to any plan, such plan
amendment shall not be required to be made before the
first plan year beginning on or after Jan. 1, 1989, see
section 1140 of Pub. L. 99–514, as amended, set out as a
note under section 401 of Title 26, Internal Revenue
Code.

PART C—WATER RESOURCES PROJECTS
§ 460l–12. Recreation and fish and wildlife benefits of Federal multiple-purpose water resources projects; Congressional declaration
of policy
It is the policy of the Congress and the intent
of this part (a) in investigating and planning
any Federal navigation, flood control, reclamation, hydroelectric, or multiple-purpose water
resource project, full consideration shall be
given to the opportunities, if any, which the
project affords for outdoor recreation and for
fish and wildlife enhancement and that, wherever any such project can reasonably serve either or both of these purposes consistently with
the provisions of this part, it shall be constructed, operated, and maintained accordingly;
(b) planning with respect to the development of
the recreation potential of any such project
shall be based on the coordination of the recreational use of the project area with the use of
existing and planned Federal, State, or local
public recreation developments; and (c) project
construction agencies shall encourage non-Federal public bodies to administer project land and
water areas for recreation and fish and wildlife
enhancement purposes and operate, maintain,
and replace facilities provided for those purposes
unless such areas or facilities are included or
proposed for inclusion within a national recreation area, or are appropriate for administration
by a Federal agency as a part of the national
forest system, as a part of the public lands classified for retention in Federal ownership, or in
connection with an authorized Federal program
for the conservation and development of fish and
wildlife.
(Pub. L. 89–72, § 1, July 9, 1965, 79 Stat. 213.)
REFERENCES IN TEXT
This part, referred to in text, was in the original
‘‘this Act’’, meaning Pub. L. 89–72, which enacted sections 460l–12 to 460l–21 of this title and amended sections 460l–5(a) and 662(d) of this title.
SHORT TITLE
Pub. L. 89–72, § 12, July 9, 1965, 79 Stat. 218, provided:
‘‘This Act [enacting this section and sections 460l–13 to
460l–21 of this title and amending sections 460l–5(a) and
662(d) of this title], may be cited as the ‘Federal Water
Project Recreation Act’.’’

§ 460l–13. Non-Federal administration of project
land and water areas
(a) Allocation of costs
If, before authorization of a project, non-Federal public bodies indicate their intent in writing to agree to administer project land and
water areas for recreation or fish and wildlife
enhancement or for both of these purposes pursuant to the plan for the development of the
project approved by the head of the agency having administrative jurisdiction over it and to

Page 587

TITLE 16—CONSERVATION

bear not less than one-half the separable costs of
the project allocated to recreation, and to bear
one-quarter of such costs allocated to fish and
wildlife enhancement and not less than one-half
the costs of operation, maintenance, and replacement incurred therefor—
(1) the benefits of the project to said purpose
or purposes shall be taken into account in determining the economic benefits of the
project;
(2) costs shall be allocated to said purpose or
purposes and to other purposes in a manner
which will insure that all project purposes
share equitably in the advantages of multiplepurpose construction: Provided, That the costs
allocated to recreation or fish and wildlife enhancement shall not exceed the lesser of the
benefits from those functions or the costs of
providing recreation or fish and wildlife enhancement benefits or reasonably equivalent
use and location by the least costly alternative means; and
(3) not more than one-half the separable
costs of the project allocated to recreation and
exactly three-quarters of such costs allocated
to fish and wildlife enhancement and all the
joint costs of the project allocated to recreation and fish and wildlife enhancement shall
be borne by the United States and be nonreimbursable.
Projects authorized during the calendar year
1965 may include recreation and fish and wildlife
enhancement on the foregoing basis without the
required indication of intent. Execution of an
agreement as aforesaid shall be a prerequisite to
commencement of construction of any project to
which this subsection is applicable.
(b) Non-Federal share of costs
The non-Federal share of the separable costs
of the project allocated to recreation and fish
and wildlife enhancement shall be borne by nonFederal interests, under either or both of the
following methods as may be determined appropriate by the head of the Federal agency having
jurisdiction over the project: (1) payment, or
provision of lands, interests therein, or facilities
for the project; or (2) repayment, with interest
at a rate comparable to that for other interestbearing functions of Federal water resource
projects, within fifty years of first use of project
recreation or fish and wildlife enhancement facilities: Provided, That the source of repayment
may be limited to entrance and user fees or
charges collected at the project by non-Federal
interests if the fee schedule and the portion of
fees dedicated to repayment are established on a
basis calculated to achieve repayment as aforesaid and are made subject to review and renegotiation at intervals of not more than five years.
(Pub. L. 89–72, § 2, July 9, 1965, 79 Stat. 214; Pub.
L. 93–251, title I, § 77(a)(1), (2), Mar. 7, 1974, 88
Stat. 33; Pub. L. 102–575, title XXVIII, § 2804(a),
Oct. 30, 1992, 106 Stat. 4691.)
AMENDMENTS
1992—Subsec. (a). Pub. L. 102–575 substituted ‘‘not less
than one-half the costs of operation’’ for ‘‘all the costs
of operation’’ in introductory provisions.
1974—Subsec. (a). Pub. L. 93–251 substituted in text
preceding item (1) ‘‘separable costs of the project allo-

§ 460l–14

cated to recreation, and to bear one-quarter of such
costs allocated to fish and wildlife enhancement’’ for
‘‘separable costs of the project allocated to either or
both of said purposes, as the case may be’’ and in item
(3) ‘‘separable costs of the project allocated to recreation and exactly three-quarters of such costs allocated
to fish and wildlife enhancement’’ for ‘‘separable
costs’’, respectively.
EFFECTIVE DATE OF 1974 AMENDMENT
Pub. L. 93–251, title I, § 77(b), Mar. 7, 1974, 88 Stat. 33,
provided that: ‘‘The amendments made by this section
[amending this section and section 460l–14 of this title]
shall apply to all projects the construction of which is
not substantially completed on the date of enactment
of this Act [Mar. 7, 1974].’’
COST SHARING REQUIREMENTS
Pub. L. 93–251, title I, § 77(c), Mar. 7, 1974, 88 Stat. 33,
provided that: ‘‘In the case of any project (1) authorized
subject to specific cost-sharing requirements which
were based on the same percentages as those established in the Federal Water Project Recreation Act
[section 460l–12 et seq. of this title], and (2) construction of which is not substantially completed on the
date of enactment of this Act [Mar. 7, 1974], the costsharing requirements for such project shall be the same
percentages as are established by the amendments
made by subsection (a) of this section [to subsec. (a) of
this section and section 460l–14(b)(1) of this title] for
projects which are subject to the Federal Water Project
Recreation Act [section 460l–12 et seq. of this title].’’

§ 460l–14. Facilities or project modifications to be
provided without written indication of intent
(a) Other project purposes as justification; public
health and safety requirement of minimum
facilities at access points; basis for calculation of benefits; nonreimbursable costs
No facilities or project modifications which
will furnish recreation or fish and wildlife enhancement benefits shall be provided in the absence of the indication of intent with respect
thereto specified in section 460l–13(a) of this title
unless (1) such facilities or modifications serve
other project purposes and are justified thereby
without regard to such incidental recreation or
fish and wildlife enhancement benefits as they
may have or (2) they are minimum facilities
which are required for the public health and
safety and are located at access points provided
by roads existing at the time of project construction or constructed for the administration
and management of the project. Calculation of
the recreation and fish and wildlife enhancement benefits in any such case shall be based on
the number of visitor-days anticipated in the absence of recreation and fish and wildlife enhancement facilities or modifications except as
hereinbefore provided and on the value per visitor-day of the project without such facilities or
modifications. Project costs allocated to recreation and fish and wildlife enhancement on this
basis shall be nonreimbursable.
(b) Preservation of recreation and fish and wildlife enhancement potential; execution of
agreements within ten year period; disposition of lands in absence of such agreements,
prohibition against uses conflicting with
project purposes, and preference to uses promoting and not detracting from such potential
Notwithstanding the absence of an indication
of intent as specified in section 460l–13(a) of this

§ 460l–15

TITLE 16—CONSERVATION

title, lands may be provided in connection with
project construction to preserve the recreation
and fish and wildlife enhancement potential of
the project:
(1) If non-Federal public bodies execute an
agreement after initial operation of the
project (which agreement shall provide that
the non-Federal public bodies will administer
project land and water areas for recreation or
fish and wildlife enhancement or both pursuant to the plan for the development of the
project approved by the head of the agency
having administrative jurisdiction over it and
will bear not less than one-half the costs of
lands, facilities, and project modifications
provided for recreation, and will bear onequarter of such costs for fish and wildlife enhancement, and not less than one-half the
costs of planning studies, and the costs of operation, maintenance, and replacement attributable thereto) the remainder of the costs of
lands, facilities, and project modifications
provided pursuant to this paragraph shall be
nonreimbursable. Such agreement and subsequent development, however, shall not be the
basis for any reallocation of joint costs of the
project to recreation or fish and wildlife enhancement.
(2) If, within ten years after initial operation
of the project, there is not an executed agreement as specified in paragraph (1) of this subsection, the head of the agency having jurisdiction over the project may utilize the lands
for any lawful purpose within the jurisdiction
of his agency, or may offer the land for sale to
its immediate prior owner or his immediate
heirs at its appraised fair market value as approved by the head of the agency at the time
of offer or, if a firm agreement by said owner
or his immediate heirs is not executed within
ninety days of the date of the offer, may transfer custody of the lands to another Federal
agency for use for any lawful purpose within
the jurisdiction of that agency, or may lease
the lands to a non-Federal public body, or may
transfer the lands to the Administrator of
General Services for disposition in accordance
with the surplus property laws of the United
States. In no case shall the lands be used or
made available for use for any purpose in conflict with the purposes for which the project
was constructed, and in every case except that
of an offer to purchase made, as hereinbefore
provided, by the prior owner or his heirs preference shall be given to uses which will preserve and promote the recreation and fish and
wildlife enhancement potential of the project
or, in the absence thereof, will not detract
from that potential.
(c) Expansion or modification of existing facilities
(1) Any recreation facility constructed under
this part may be expanded or modified if—
(A) the facility is inadequate to meet recreational demands; and
(B) a non-Federal public body executes an
agreement which provides that such public
body—
(i) will administer the expanded or modified facilities pursuant to a plan for develop-

Page 588

ment for the project that is approved by the
agency with administrative jurisdiction over
the project; and
(ii) will bear not less than one-half of the
planning and capital costs of such expansion
or modification and not less than one-half of
the costs of the operation, maintenance, and
replacement attributable to the expansion of
the facility.
(2) The Federal share of the cost of expanding
or modifying a recreational facility described in
paragraph (1) may not exceed 50 percent of the
total cost of expanding or modifying the facility.
(Pub. L. 89–72, § 3, July 9, 1965, 79 Stat. 214; Pub.
L. 93–251, title I, § 77(a)(3), Mar. 7, 1974, 88 Stat.
33; Pub. L. 102–575, title XXVIII, § 2804(b), (d),
Oct. 30, 1992, 106 Stat. 4691.)
REFERENCES IN TEXT
This part, referred to in subsec. (c)(1), was in the
original ‘‘this Act’’, meaning Pub. L. 89–72, which enacted sections 460l–12 to 460l–21 of this title and amended sections 460l–5(a) and 662(d) of this title.
AMENDMENTS
1992—Subsec. (b)(1). Pub. L. 102–575, § 2804(b), struck
out ‘‘within ten years’’ after ‘‘execute an agreement’’
and substituted ‘‘not less than one-half the costs of
planning studies, and the costs of operation, maintenance, and replacement attributable’’ for ‘‘all costs of
operation, maintenance, and replacement attributable’’.
Subsec. (c). Pub. L. 102–575, § 2804(d), added subsec. (c).
1974—Subsec. (b)(1). Pub. L. 93–251 substituted ‘‘modifications provided for recreation, and will bear onequarter of such costs for fish and wildlife enhancement’’ for ‘‘modifications provided for either or both of
those purposes, as the case may be’’.
EFFECTIVE DATE OF 1974 AMENDMENT
For effective date of amendment by Pub. L. 93–251,
see section 77(b) of Pub. L. 93–251, set out as a note
under section 460l–13 of this title.

§ 460l–15. Lease of facilities and lands to nonFederal public bodies
At projects, the construction of which has
commenced or been completed as of July 9, 1965,
where non-Federal public bodies agree to administer project land and water areas for recreation
and fish and wildlife enhancement purposes and
to bear the 1 not less than one-half the costs of
operation, maintenance, and replacement of existing facilities serving those purposes, such facilities and appropriate project lands may be
leased to non-Federal public bodies.
(Pub. L. 89–72, § 4, July 9, 1965, 79 Stat. 215; Pub.
L. 102–575, title XXVIII, § 2804(c), Oct. 30, 1992, 106
Stat. 4691.)
AMENDMENTS
1992—Pub. L. 102–575 substituted ‘‘not less than onehalf the costs of operation’’ for ‘‘costs of operation’’.

§ 460l–16. Postauthorization development of
projects without allocation or reallocation of
costs
Nothing herein shall be construed as preventing or discouraging postauthorization develop1 So

in original. The word ‘‘the’’ probably should not appear.

Page 589

ment of any project for recreation or fish and
wildlife enhancement or both by non-Federal
public bodies pursuant to agreement with the
head of the Federal agency having jurisdiction
over the project. Such development shall not be
the basis for any allocation or reallocation of
project costs to recreation or fish and wildlife
enhancement.
(Pub. L. 89–72, § 5, July 9, 1965, 79 Stat. 215.)
§ 460l–17. Miscellaneous provisions
(a) Project reports; outdoor recreation views;
conformity to State comprehensive plan
The views of the Secretary of the Interior developed in accordance with section 460l–2 of this
title, with respect to the outdoor recreation aspects shall be set forth in any report of any
project or appropriate unit thereof within the
purview of this part. Such views shall include a
report on the extent to which the proposed
recreation and fish and wildlife development
conforms to and is in accord with the State
comprehensive plan developed pursuant to section 460l–8(d) of this title.
(b) Omitted
(c)

§ 460l–18

TITLE 16—CONSERVATION

Migratory waterfowl refuges at Federal
projects; expenditure limitation for acquisition of lands
Expenditures for lands or interests in lands
hereafter acquired by project construction agencies for the establishment of migratory waterfowl refuges recommended by the Secretary of
the Interior at Federal water resource projects,
when such lands or interests in lands would not
have been acquired but for the establishment of
a migratory waterfowl refuge at the project,
shall not exceed $28,000,000: Provided, That the
aforementioned expenditure limitation in this
subsection shall not apply to the costs of mitigating damages to migratory waterfowl caused
by such water resource project.
(d) Nonapplication to certain projects
This part shall not apply to the Tennessee
Valley Authority, but the Authority is authorized to recognize and provide for recreational
and other public uses at any dams and reservoirs
heretofore or hereafter constructed in a manner
consistent with the promotion of navigation,
flood control, and the generation of electrical
energy, as otherwise required by law, nor to
projects constructed under authority of the
Small Reclamation Projects Act, as amended [43
U.S.C. 422a et seq.], or under authority of the
Watershed Protection and Flood Prevention
Act, as amended [16 U.S.C. 1001 et seq.].
(e) Nonapplication to certain other projects
Sections 460l–13, 460l–14, 460l–15, and 460l–16 of
this title shall not apply to nonreservoir local
flood control projects, beach erosion control
projects, small boat harbor projects, hurricane
protection projects, or to project areas or facilities authorized by law for inclusion within a national recreation area or appropriate for administration by a Federal agency as a part of the
national forest system, as a part of the public
lands classified for retention in Federal ownership, or in connection with an authorized Fed-

eral program for the conservation and development of fish and wildlife.
(f) Interpretation of ‘‘nonreimbursable’’
As used in this part, the term ‘‘nonreimbursable’’ shall not be construed to prohibit the imposition of entrance, admission, and other recreation user fees or charges.
(g) Nonapplication of section 460l–9(a)(2) to nonreimbursable costs of the United States
Section 460l–9(a)(2) of this title shall not apply
to costs allocated to recreation and fish and
wildlife enhancement which are borne by the
United States as a nonreimbursable project cost
pursuant to section 460l–13(a) or section
460l–14(b)(1) of this title.
(h) Deposits in Treasury as miscellaneous receipts; deposits of revenue from conveyance
of certain lands in Land and Water Conservation Fund
All payments and repayment by non-Federal
public bodies under the provisions of this part
shall be deposited in the Treasury as miscellaneous receipts, and revenue from the conveyance
by deed, lease, or otherwise, of lands under section 460l–14(b)(2) of this title shall be deposited
in the Land and Water Conservation Fund.
(Pub. L. 89–72, § 6, July 9, 1965, 79 Stat. 216; Pub.
L. 94–576, Oct. 21, 1976, 90 Stat. 2728.)
REFERENCES IN TEXT
This part, referred to in subsecs. (a), (d), (f), and (h),
was in the original ‘‘this Act’’, meaning Pub. L. 89–72,
which enacted sections 460l–12 to 460l–21 of this title and
amended sections 460l–5(a) and 662(d) of this title.
The Small Reclamation Projects Act, referred to in
subsec. (d), is act Aug. 6, 1956, ch. 972, 70 Stat. 1044, as
amended, which is classified generally to subchapter IV
(§ 422a et seq.) of chapter 12 of Title 43, Public Lands.
For complete classification of this Act to the Code, see
section 422k of Title 43 and Tables.
The Watershed Protection and Flood Prevention Act,
referred to in subsec. (d), is act Aug. 4, 1954, ch. 656, 68
Stat. 666, as amended, which is classified generally to
chapter 18 (§ 1001 et seq.) of this title. For complete
classification of this Act to the Code, see Short Title
note set out under section 1001 of this title and Tables.
CODIFICATION
Subsec. (b) of this section amended section 662(d) of
this title.
AMENDMENTS
1976—Subsec. (d). Pub. L. 94–576 authorized recreational and other public uses at dams and reservoirs
consistent with promotion of navigation, flood control,
and generation of electrical energy.

§ 460l–18. Authority of Secretary of the Interior
(a) Provision of facilities, acquisition of lands,
and provision for public use and enjoyment
of project lands, facilities, and water areas in
coordination with other project purposes;
execution of agreements before providing
lands, facilities, and project modifications
The Secretary is authorized, in conjunction
with any reservoir heretofore constructed by
him pursuant to the Federal reclamation laws
or any reservoir which is otherwise under his
control, except reservoirs within national wildlife refuges, to investigate, plan, construct, op-

§ 460l–19

TITLE 16—CONSERVATION

erate and maintain, or otherwise provide for
public outdoor recreation and fish and wildlife
enhancement facilities, to acquire or otherwise
make available such adjacent lands or interests
therein as are necessary for public outdoor
recreation or fish and wildlife use, and to provide for public use and enjoyment of project
lands, facilities, and water areas in a manner
coordinated with the other project purposes.
Lands, facilities and project modifications for
the purposes of this subsection may be provided
only after an agreement in accordance with subsection (b) or (c) of section 460l–14 of this title
has been executed.
(b) Agreements with government agencies to promote development and operation of lands or
facilities for recreation and fish and wildlife
enhancement purposes
The Secretary of the Interior is authorized to
enter into agreements with Federal agencies or
State or local public bodies for the administration of project land and water areas and the operation, maintenance, and replacement of facilities and to transfer project lands or facilities to
Federal agencies or State or local public bodies
by lease agreement or exchange upon such terms
and conditions as will best promote the development and operation of such lands or facilities in
the public interest for recreation and fish and
wildlife enhancement purposes.
(c) Transfer of lands; consent of other Federal
agencies to use of lands for recreation or fish
and wildlife purposes; transfers to Secretary
of Agriculture of forest lands; continuing administration of lands and waters for other
project purposes; prohibition against limitation of authority under existing provisions of
law
No lands under the jurisdiction of any other
Federal agency may be included for or devoted
to recreation or fish and wildlife purposes under
the authority of this section without the consent of the head of such agency; and the head of
any such agency is authorized to transfer any
such lands to the jurisdiction of the Secretary of
the Interior for purposes of this section. The
Secretary of the Interior is authorized to transfer jurisdiction over project lands within or adjacent to the exterior boundaries of national forests and facilities thereon to the Secretary of
Agriculture for recreation and other national
forest system purposes; and such transfer shall
be made in each case in which the project reservoir area is located wholly within the exterior
boundaries of a national forest unless the Secretaries of Agriculture and Interior jointly determine otherwise. Where any project lands are
transferred hereunder to the jurisdiction of the
Secretary of Agriculture, the lands involved
shall become national forest lands: Provided,
That the lands and waters within the flow lines
of any reservoir or otherwise needed or used for
the operation of the project for other purposes
shall continue to be administered by the Secretary of the Interior to the extent he determines to be necessary for such operation. Nothing herein shall limit the authority of the Secretary of the Interior granted by existing provisions of law relating to recreation or fish and
wildlife development in connection with water

Page 590

resource projects or to disposition of public
lands for such purposes.
(Pub. L. 89–72, § 7, July 9, 1965, 79 Stat. 216; Pub.
L. 102–377, title II, § 206, Oct. 2, 1992, 106 Stat.
1332; Pub. L. 102–575, title XXVIII, § 2804(e), Oct.
30, 1992, 106 Stat. 4692.)
AMENDMENTS
1992—Subsec. (a). Pub. L. 102–575, § 2804(e)(2), substituted ‘‘subsection (b) or (c) of section 460l–14’’ for
‘‘subsection 460l–14(b)’’.
Pub. L. 102–575, § 2804(e)(1), which directed amendment
of subsec. (a) by striking ‘‘purposes: Provided,’’ and all
that follows through end of sentence and inserting
‘‘purposes’’, could not be executed because the words
‘‘purposes: Provided,’’ did not appear subsequent to
amendment by Pub. L. 102–377. See below.
Pub. L. 102–377 substituted ‘‘purposes.’’ for ‘‘purposes:
Provided, That not more than $100,000 shall be available
to carry out the provisions of this subsection at any
one reservoir.’’

§ 460l–19. Feasibility reports
Effective on and after July 1, 1966, neither the
Secretary of the Interior nor any bureau nor any
person acting under his authority shall engage
in the preparation of any feasibility report
under reclamation law with respect to any water
resource project unless the preparation of such
feasibility report has been specifically authorized by law, any other provision of law to the
contrary notwithstanding.
(Pub. L. 89–72, § 8, July 9, 1965, 79 Stat. 217.)
§ 460l–20. Construction of projects under certain
laws with allocations to recreation and fish
and wildlife enhancement exceeding allocations to other functions unauthorized; exception
Nothing contained in this part shall be taken
to authorize or to sanction the construction
under the Federal reclamation laws or under
any Rivers and Harbors or Flood Control Act of
any project in which the sum of the allocations
to recreation and fish and wildlife enhancement
exceeds the sum of the allocations to irrigation,
hydroelectric power, municipal, domestic and
industrial water supply, navigation, and flood
control, except that this section shall not apply
to any such project for the enhancement of
anadromous fisheries, shrimp, or for the conservation of migratory birds protected by treaty, when each of the other functions of such a
project has, of itself, a favorable benefit-cost
ratio.
(Pub. L. 89–72, § 9, July 9, 1965, 79 Stat. 217.)
REFERENCES IN TEXT
This part, referred to in text, was in the original
‘‘this Act’’, meaning Pub. L. 89–72, which enacted sections 460l–12 to 460l–21 of this title and amended sections 460l–5(a) and 662(d) of this title.
Rivers and Harbors or Flood Control Act, referred to
in text, is classified principally to Title 33, Navigation
and Navigable Waters.

§ 460l–21. Definitions
As used in this part:
(a) The term ‘‘project’’ shall mean a project or
any appropriate unit thereof.
(b) The term ‘‘separable costs,’’ as applied to
any project purpose, means the difference be-

Page 591

§ 460l–31

TITLE 16—CONSERVATION

tween the capital cost of the entire multiplepurpose project and the capital cost of the
project with the purpose omitted.
(c) The term ‘‘joint costs’’ means the difference between the capital cost of the entire
multiple-purpose project and the sum of the separable costs for all project purposes.
(d) The term ‘‘feasibility report’’ shall mean
any report of the scope required by the Congress
when formally considering authorization of the
project of which the report treats.
(e) The term ‘‘capital cost’’ includes interest
during construction, wherever appropriate.
(Pub. L. 89–72, § 10, July 9, 1965, 79 Stat. 218.)
REFERENCES IN TEXT
This part, referred to in text, was in the original
‘‘this Act’’, meaning Pub. L. 89–72, which enacted sections 460l–12 to 460l–21 of this title and amended sections 460l–5(a) and 662(d) of this title.

PART D—LAND TRANSFERS
§ 460l–22. Conveyance of property and interests
in property in national park system and miscellaneous areas
(a) Freehold and leasehold interests; competitive
bidding
With respect to any property acquired by the
Secretary of the Interior within a unit of the national park system or miscellaneous area, except property within national parks, or within
national monuments of scientific significance,
the Secretary may convey a freehold or leasehold interest therein, subject to such terms and
conditions as will assure the use of the property
in a manner which is, in the judgment of the
Secretary, consistent with the purpose for which
the area was authorized by the Congress. In any
case in which the Secretary exercises his discretion to convey such interest, he shall do so to
the highest bidder, in accordance with such regulations as the Secretary may prescribe, but
such conveyance shall be at not less than the
fair market value of the interest, as determined
by the Secretary; except that if any such conveyance is proposed within two years after the
property to be conveyed is acquired by the Secretary, he shall allow the last owner or owners
of record of such property thirty days following
the date on which they are notified by the Secretary in writing that such property is to be
conveyed within which to notify the Secretary
that such owners wish to acquire such interest.
Upon receiving such timely request, the Secretary shall convey such interest to such person
or persons, in accordance with such regulations
as the Secretary may prescribe, upon payment
or agreement to pay an amount equal to the
highest bid price.
(b) Exchange of lands; other disposal; equal land
values
The Secretary of the Interior is authorized to
accept title to any non-Federal property or interest therein within a unit of the National
Park System or miscellaneous area under his
administration, and in exchange therefor he
may convey to the grantor of such property or
interest any Federally-owned property or interest therein under his jurisdiction which he de-

termines is suitable for exchange or other disposal and which is located in the same State as
the non-Federal property to be acquired: Provided, however, That timber lands subject to harvest under a sustained yield program shall not
be so exchanged. Upon request of a State or a
political subdivision thereof, or of a party in interest, prior to such exchange the Secretary or
his designee shall hold a public hearing in the
area where the lands to be exchanged are located. The values of the properties so exchanged, either shall be approximately equal, or
if they are not approximately equal, the values
shall be equalized by the payment of cash to the
grantor from funds appropriated for the acquisition of land for the area, or to the Secretary as
the circumstances require.
(c) Solid waste disposal operations prohibited;
exceptions; regulations
In order to protect the air, land, water, and
natural and cultural values of the National Park
System and the property of the United States
therein, no solid waste disposal site (including
any site for the disposal of domestic or industrial solid wastes) may be operated within the
boundary of any unit of the National Park System, other than—
(1) a site which was operating as of September 1, 1984, or
(2) a site used only for disposal of wastes
generated within that unit of the park system
so long as such site will not degrade any of the
natural or cultural resources of such park
unit.
The Secretary of the Interior shall promulgate
regulations to carry out the provisions of this
subsection, including reasonable regulations to
mitigate the adverse effects of solid waste disposal sites in operation as of September 1, 1984,
upon property of the United States.
(d) Proceeds credited to land and water conservation fund
The proceeds received from any conveyance
under this section shall be credited to the land
and water conservation fund in the Treasury of
the United States.
(Pub. L. 90–401, § 5, July 15, 1968, 82 Stat. 356;
Pub. L. 98–506, § 2, Oct. 19, 1984, 98 Stat. 2338.)
AMENDMENTS
1984—Subsecs. (c), (d). Pub. L. 98–506 added subsec. (c)
and redesignated former subsec. (c) as (d).

PART E—RECLAMATION RECREATION
MANAGEMENT
§ 460l–31. Findings
The Congress finds and declares the following:
(1) There is a Federal responsibility to provide opportunities for public recreation at
Federal water projects.
(2) Some provisions of the Federal Water
Project Recreation Act [16 U.S.C. 460l–12 et
seq.] are outdated because of increases in demand for outdoor recreation and changes in
the economic climate for recreation managing
entities.
(3) Provisions of such Act relating to nonFederal responsibility for all costs of oper-

§ 460l–32

TITLE 16—CONSERVATION

ation, maintenance, and replacement of recreation facilities result in an unfair burden, especially in cases where the facilities are old or
underdesigned.
(4) Provisions of such Act that limit the
Federal share of recreation facility development at water projects completed before 1965
to $100,000 preclude a responsible Federal share
in providing adequate opportunities for safe
outdoor recreation.
(5) There should be Federal authority to expand existing recreation facilities to meet
public demand, in partnership with non-Federal interests.
(6) Nothing in this part changes the responsibility of the Bureau to meet the purposes for
which Federal Reclamation projects were initially authorized and constructed.
(7) It is therefore in the best interest of the
people of this Nation to amend the Federal
Water Project Recreation Act [16 U.S.C. 460l–12
et seq.] to remove outdated restrictions and
authorize the Secretary of the Interior to undertake specific measures for the management
of Reclamation lands.
(Pub. L. 102–575, title XXVIII, § 2802, Oct. 30, 1992,
106 Stat. 4690.)
REFERENCES IN TEXT
The Federal Water Project Recreation Act, referred
to in pars. (2) to (4) and (7), is Pub. L. 89–72, July 9, 1965,
79 Stat. 213, as amended, which is classified principally
to part C (§ 460l–12 et seq.) of this subchapter. For complete classification of this Act to the Code, see Short
Title note set out under section 460l–12 of this title and
Tables.
This part, referred to in par. (6), was in the original
‘‘this title’’, meaning title XXVIII of Pub. L. 102–575,
Oct. 30, 1992, 106 Stat. 4690, which enacted sections
460l–31 to 460l–34 of this title and amended sections
460l–13 to 460l–15 and 460l–18 of this title.
SHORT TITLE
Pub. L. 102–575, title XXVIII, § 2801, Oct. 30, 1992, 106
Stat. 4690, provided that: ‘‘This title [enacting this part
and amending sections 460l–13 to 460l–15 and 460l–18 of
this title] may be cited as the ‘Reclamation Recreation
Management Act of 1992’.’’

§ 460l–32. Definitions
For the purposes of this part:
(1) The term ‘‘Reclamation lands’’ means
real property administered by the Secretary,
acting through the Commissioner of Reclamation, and includes all acquired and withdrawn
lands and water areas under jurisdiction of the
Bureau.
(2) The term ‘‘Reclamation program’’ means
any activity authorized under the Federal reclamation laws (the Act of June 17, 1902 (32
Stat. 388, chapter 1093; 43 U.S.C. 371)),1 and
Acts supplementary thereto and amendatory
thereof).
(3) The term ‘‘Reclamation project’’ means
any water supply or water delivery project
constructed or administered by the Bureau of
Reclamation under the Federal reclamation
laws (the Act of June 17, 1902 (32 Stat. 388,
chapter 1093; 43 U.S.C. 371),2 and Acts supplementary thereto and amendatory thereof).
1 So in original. There should probably be only a single closing
parenthesis. See References in Text note below.
2 See References in Text note below.

Page 592

(4) The term ‘‘Secretary’’ means the Secretary of the Interior.
(Pub. L. 102–575, title XXVIII, § 2803, Oct. 30, 1992,
106 Stat. 4691.)
REFERENCES IN TEXT
This part, referred to in text, was in the original
‘‘this title’’, meaning title XXVIII of Pub. L. 102–575,
Oct. 30, 1992, 106 Stat. 4690, which enacted sections
460l–31 to 460l–34 of this title and amended sections
460l–13 to 460l–15 and 460l–18 of this title.
Act of June 17, 1902, referred to in pars. (2) and (3), is
act June 17, 1902, ch. 1093, 32 Stat. 388, popularly known
as the Reclamation Act, which is classified generally to
chapter 12 (§ 371 et seq.) of Title 43, Public Lands. However, section 371 of Title 43 is act Dec. 5, 1924, ch. 4, § 4,
subsec. A, 43 Stat. 701. For complete classification of
act June 17, 1902, to the Code, see Short Title note set
out under section 371 of Title 43 and Tables.

§ 460l–33. Management of reclamation lands
(a) Administration
(1) Upon a determination that any such fee,
charge, or commission is reasonable and appropriate, the Secretary acting through the Commissioner of Reclamation, is authorized to establish—
(A) filing fees for applications and other documents concerning entry upon and use of Reclamation lands;
(B) recreation user fees; and
(C) charges or commissions for the use of
Reclamation lands.
(2) The Secretary, acting through the Commissioner of Reclamation, shall promulgate such
regulations as the Secretary determines to be
necessary—
(A) to carry out the provisions of this section and section 460l–34 of this title;
(B) to ensure the protection, comfort, and
well-being of the public (including the protection of public safety) with respect to the use of
Reclamation lands; and
(C) to ensure the protection of resource values.
(b) Inventory
The Secretary, acting through the Commissioner of Reclamation, is authorized to—
(1) prepare and maintain on a continuing
basis an inventory of resources and uses made
of Reclamation lands and resources, keep
records of such inventory, and make such
records available to the public; and
(2) ascertain the boundaries of Reclamation
lands and provide a means for public identification (including, where appropriate, providing signs and maps).
(c) Planning
(1)(A) 1 The Secretary, acting through the
Commissioner of Reclamation, is authorized to
develop, maintain, and revise resource management plans for Reclamation lands.
(B) Each plan described in subparagraph (A)—
(i) shall be consistent with applicable laws
(including any applicable statute, regulation,
or Executive order);
(ii) shall be developed in consultation with—
1 So

in original. No par. (2) has been enacted.

Page 593

TITLE 16—CONSERVATION

(I) such heads of Federal and non-Federal
departments or agencies as the Secretary determines to be appropriate; and
(II) the authorized beneficiaries (as determined by the Secretary) of any Reclamation
project included in the plan; and
(iii) shall be developed with appropriate public participation.
(C) Each plan described in subparagraph (A)
shall provide for the development, use, conservation, protection, enhancement, and management
of resources of Reclamation lands in a manner
that is compatible with the authorized purposes
of the Reclamation project associated with the
Reclamation lands.
(d) Nonreimbursable funds
Funds expended by the Secretary in carrying
out the provisions of this part shall be nonreimbursable under the Federal reclamation laws
(the Act of June 17, 1902 (32 Stat. 388, chapter
1093; 43 U.S.C. 371),2 and Acts supplementary
thereto and amendatory thereof).
(Pub. L. 102–575, title XXVIII, § 2805, Oct. 30, 1992,
106 Stat. 4692.)
REFERENCES IN TEXT
This part, referred to in subsec. (d), was in the original ‘‘this title’’, meaning title XXVIII of Pub. L.
102–575, Oct. 30, 1992, 106 Stat. 4690, which enacted sections 460l–31 to 460l–34 of this title and amended sections 460l–13 to 460l–15 and 460l–18 of this title.
Act of June 17, 1902, referred to in subsec. (d), is act
June 17, 1902, ch. 1093, 32 Stat. 388, popularly known as
the Reclamation Act, which is classified generally to
chapter 12 (§ 371 et seq.) of Title 43, Public Lands. However, section 371 of Title 43 is act Dec. 5, 1924, ch. 4, § 4,
subsec. A, 43 Stat. 701. For complete classification of
act June 17, 1902, to the Code, see Short Title note set
out under section 371 of Title 43 and Tables.

§ 460l–34. Protection of authorized purposes of
reclamation projects
(a) Nothing in this part shall be construed to
change, modify, or expand the authorized purposes of any Reclamation project.
(b) The expansion or modification of a recreational facility constructed under this part
shall not increase the capital repayment responsibilities or operation and maintenance expenses
of the beneficiaries of authorized purposes of the
associated Reclamation project. The term
‘‘beneficiaries’’ does not include those entities
who sign agreements or enter into contracts for
recreation facilities pursuant to the Federal
Water Project Recreation Act [16 U.S.C. 460l–12
et seq.].
(Pub. L. 102–575, title XXVIII, § 2806, Oct. 30, 1992,
106 Stat. 4693.)
REFERENCES IN TEXT
This part, referred to in text, was in the original
‘‘this title’’, meaning title XXVIII of Pub. L. 102–575,
Oct. 30, 1992, 106 Stat. 4690, which enacted sections
460l–31 to 460l–34 of this title and amended sections
460l–13 to 460l–15 and 460l–18 of this title.
The Federal Water Project Recreation Act, referred
to in subsec. (b), is Pub. L. 89–72, July 9, 1965, 79 Stat.
213, as amended, which is classified principally to part
2 See

References in Text note below.

§ 460m–1

C (§ 460l–12 et seq.) of this subchapter. For complete
classification of this Act to the Code, see Short Title
note set out under section 460l–12 of this title and
Tables.

SUBCHAPTER LXX—OZARK NATIONAL
SCENIC RIVERWAYS
§ 460m. Establishment
For the purpose of conserving and interpreting
unique scenic and other natural values and objects of historic interest, including preservation
of portions of the Current River and the Jacks
Fork River in Missouri as free-flowing streams,
preservation of springs and caves, management
of wildlife, and provisions for use and enjoyment
of the outdoor recreation resources thereof by
the people of the United States, the Secretary of
the Interior (hereinafter referred to as the ‘‘Secretary’’) shall designate for establishment as the
Ozark National Scenic Riverways the area (hereinafter referred to as ‘‘such area’’) generally depicted on map numbered NR OZA 7002 entitled
‘‘Proposed Ozark National Rivers’’ dated December 1963 which map is on file for public inspection in the office of the National Park Service,
Department of the Interior: Provided, That the
area so designated shall not include more than
sixty-five thousand acres of land now in private
ownership and that no lands shall be designated
within two miles of the present boundaries of
the municipalities of Eminence and Van Buren,
Missouri. The Secretary, with the concurrence
of the State, shall designate for inclusion in the
Ozark National Scenic Riverways, the lands
composing Big Springs, Alley Springs, and
Round Spring State Parks, and the Secretary is
hereby directed to negotiate with the State for
the donation and the inclusion of such park
lands in the Ozark National Scenic Riverways.
(Pub. L. 88–492, § 1, Aug. 27, 1964, 78 Stat. 608.)
§ 460m–1. Acquisition of lands, easements, etc.;
exchange of lands; consent of State; reversion to State; administrative jurisdiction of
Federal lands or waters
The Secretary may, within the area designated or altered pursuant to section 460m–3 of
this title, acquire lands and interests therein,
including scenic easements, by such means as he
may deem to be in the public interest: Provided,
That scenic easements may only be acquired
with the consent of the owner of the lands or
waters thereof: And provided further, That any
parcel of land containing not more than five
hundred acres, which borders either the Current
River or the Jacks Fork River, and which is
being primarily used for agricultural purposes,
shall be acquired by the Secretary in its entirety unless the owner of any such parcel consents to the acquisition of a part thereof. Property so acquired which lies outside the boundary
generally depicted on the map referred to in section 460m of this title may be exchanged by the
Secretary for any land of approximately equal
value within the boundaries. Lands and waters
owned by the State of Missouri within such area
may be acquired with the consent of the State
and, notwithstanding any other provision of law,
subject to provision for reversion to such State
conditioned upon continued use of the property