Refuge Recreation Act of 1962 (16 U.S.C. 460k-460k-4)

§ 460j

TITLE 16—CONSERVATION

the Army. Any such officer or employee shall
exercise the authority so delegated under rules
and regulations approved by the Secretary.
(Aug. 6, 1956, ch. 987, § 5, 70 Stat. 1066.)
§ 460j. Disposition of proceeds
The proceeds from any sale made under this
subchapter shall be covered into the Treasury of
the United States as miscellaneous receipts.
(Aug. 6, 1956, ch. 987, § 6, 70 Stat. 1066.)
SUBCHAPTER LXVIII—NATIONAL
CONSERVATION RECREATIONAL AREAS
§ 460k. Public recreation use of fish and wildlife
conservation areas; compatibility with conservation purposes; appropriate incidental
or secondary use; consistency with other
Federal operations and primary objectives of
particular areas; curtailment; forms of recreation not directly related to primary purposes of individual areas; repeal or amendment of provisions for particular areas
In recognition of mounting public demands for
recreational opportunities on areas within the
National Wildlife Refuge System, national fish
hatcheries, and other conservation areas administered by the Secretary of the Interior for fish
and wildlife purposes; and in recognition also of
the resulting imperative need, if such recreational opportunities are provided, to assure
that any present or future recreational use will
be compatible with, and will not prevent accomplishment of, the primary purposes for which
the said conservation areas were acquired or established, the Secretary of the Interior is authorized, as an appropriate incidental or secondary use, to administer such areas or parts thereof for public recreation when in his judgment
public recreation can be an appropriate incidental or secondary use: Provided, That such public
recreation use shall be permitted only to the extent that is practicable and not inconsistent
with other previously authorized Federal operations or with the primary objectives for which
each particular area is established: Provided further, That in order to insure accomplishment of
such primary objectives, the Secretary, after
consideration of all authorized uses, purposes,
and other pertinent factors relating to individual areas, shall curtail public recreation use
generally or certain types of public recreation
use within individual areas or in portions thereof whenever he considers such action to be necessary: And provided further, That none of the
aforesaid refuges, hatcheries, game ranges, and
other conservation areas shall be used during
any fiscal year for those forms of recreation
that are not directly related to the primary purposes and functions of the individual areas until
the Secretary shall have determined—
(a) that such recreational use will not interfere with the primary purposes for which the
areas were established, and
(b) that funds are available for the development, operation, and maintenance of these
permitted forms of recreation. This section
shall not be construed to repeal or amend previous enactments relating to particular areas.
(Pub. L. 87–714, § 1, Sept. 28, 1962, 76 Stat. 653;
Pub. L. 89–669, § 9, Oct. 15, 1966, 80 Stat. 930.)

Page 562
AMENDMENTS

1966—Pub. L. 89–669 substituted ‘‘areas within the National Wildlife Refuge System’’ for ‘‘national wildlife
refuges, game ranges’’ in introductory text.
SHORT TITLE
Pub. L. 87–714, which enacted this subchapter, is popularly known as the ‘‘Refuge Recreation Act’’.

§ 460k–1. Acquisition of lands for recreational development; funds
The Secretary is authorized to acquire areas
of land, or interests therein, which are suitable
for—
(1) incidental fish and wildlife-oriented recreational development,
(2) the protection of natural resources,
(3) the conservation of endangered species or
threatened species listed by the Secretary pursuant to section 1533 of this title, or
(4) carrying out two or more of the purposes
set forth in paragraphs (1) through (3) of this
section, and are adjacent to, or within, the
said conservation areas, except that the acquisition of any land or interest therein pursuant
to this section shall be accomplished only
with such funds as may be appropriated therefor by the Congress or donated for such purposes, but such property shall not be acquired
with funds obtained from the sale of Federal
migratory bird hunting stamps.
Lands acquired pursuant to this section shall become a part of the particular conservation area
to which they are adjacent.
(Pub. L. 87–714, § 2, Sept. 28, 1962, 76 Stat. 653;
Pub. L. 92–534, Oct. 23, 1972, 86 Stat. 1063; Pub. L.
93–205, § 13(d), Dec. 28, 1973, 87 Stat. 902.)
AMENDMENTS
1973—Pub. L. 93–205 inserted references to the acquisition of interest in land the conservation of endangered
species or threatened species listed by the Secretary
pursuant to section 1533 of this title.
1972—Pub. L. 92–534 substituted provisions authorizing the Secretary to acquire lands suitable for fish and
wildlife oriented recreational development, or for the
protection of natural resources and adjacent to conservation areas, for provisions authorizing the Secretary to acquire limited areas of land for recreational
development adjacent to conservation areas in existence or approved by the Migratory Bird Conservation
Commission as of September 28, 1962.
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 a note under
section 1531 of this title.

§ 460k–2. Cooperation with agencies, organizations and individuals; acceptance of donations; restrictive covenants
In furtherance of the purposes of this subchapter, the Secretary is authorized to cooperate with public and private agencies, organizations, and individuals, and he may accept and
use, without further authorization, donations of
funds and real and personal property. Such acceptance may be accomplished under the terms
and conditions of restrictive covenants imposed
by donors when such covenants are deemed by
the Secretary to be compatible with the pur-

Page 563

§ 460l–6a

TITLE 16—CONSERVATION

poses of the wildlife refuges, games ranges, fish
hatcheries, and other fish and wildlife conservation areas.
(Pub. L. 87–714, § 3, Sept. 28, 1962, 76 Stat. 653.)
§ 460k–3. Charges and fees; permits; regulations;
penalties; enforcement
The Secretary may establish reasonable
charges and fees and issue permits for public use
of national wildlife refuges, game ranges, national fish hatcheries, and other conservation
areas administered by the Department of the Interior for fish and wildlife purposes. The Secretary may issue regulations to carry out the
purposes of this subchapter. A violation of such
regulations shall be a misdemeanor with maximum penalties of imprisonment for not more
than six months, or a fine of not more than $500,
or both. The provisions of this subchapter and
any such regulation shall be enforced by any officer or employee of the United States Fish and
Wildlife Service designated by the Secretary of
the Interior.
(Pub. L. 87–714, § 4, Sept. 28, 1962, 76 Stat. 654;
Pub. L. 95–616, § 3(e), Nov. 8, 1978, 92 Stat. 3111;
Pub. L. 98–473, title II, § 221, Oct. 12, 1984, 98 Stat.
2028.)
AMENDMENTS
1984—Pub. L. 98–473 substituted ‘‘misdemeanor’’ for
‘‘petty offense (18 U.S.C. 1)’’.
1978—Pub. L. 95–616 provided for designation of enforcement personnel.
EFFECTIVE DATE OF 1984 AMENDMENT
Amendment by Pub. L. 98–473 effective Nov. 1, 1987,
and applicable only to offenses committed after the
taking effect of such amendment, see section 235(a)(1)
of Pub. L. 98–473, set out as an Effective Date note
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. Repealed. Pub. L. 113–287, § 7, Dec. 19,
2014, 128 Stat. 3272

§ 460l–2. Repealed. Pub. L. 113–287, § 7, Dec. 19,
2014, 128 Stat. 3272
Section, Pub. L. 88–29, § 3, May 28, 1963, 77 Stat. 50, related to consultations of Secretary of the Interior with
administrative officers. See section 200104 of Title 54,
National Park Service and Related Programs.

§ 460l–3. Repealed. Pub. L. 113–287, § 7, Dec. 19,
2014, 128 Stat. 3272
Section, 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,
defined ‘‘United States’’ and ‘‘States’’. See section
200102 of Title 54, National Park Service and Related
Programs.

PART B—LAND AND WATER CONSERVATION FUND
§ 460l–4. Transferred
CODIFICATION
Section, Pub. L. 88–578, title I, § 1(b), Sept. 3, 1964, 78
Stat. 897, which stated purposes of Pub. L. 88–578, was
transferred and is set out as a note under section 100101
of Title 54, National Park Service and Related Programs.

§ 460l–5. Repealed. Pub. L. 113–287, § 7, Dec. 19,
2014, 128 Stat. 3272
Section, 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, related to establishment of land and water conservation fund. See
section 200302 of Title 54, National Park Service and
Related Programs.

§ 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. Repealed. Pub. L. 113–287, § 7, Dec. 19,
2014, 128 Stat. 3272

Section, Pub. L. 88–29, § 1, May 28, 1963, 77 Stat. 49, related to congressional findings and declaration of policy. See section 200101 of Title 54, National Park Service and Related Programs.

Section, 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, related to appropriations for expenditure of land and water conservation fund moneys.
See section 200303 of Title 54, National Park Service
and Related Programs.

§ 460l–1. Repealed. Pub. L. 113–287, § 7, Dec. 19,
2014, 128 Stat. 3272

§ 460l–6a. Repealed. Pub. L. 113–287, § 7, Dec. 19,
2014, 128 Stat. 3272

Section, Pub. L. 88–29, § 2, May 28, 1963, 77 Stat. 49;
Pub. L. 91–375, § 6(h), Aug. 12, 1970, 84 Stat. 776, related
to powers and duties of Secretary of the Interior. See
section 200103 of Title 54, National Park Service and
Related Programs.

Section, 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),