Public Law 89-72 Federal Water Project Recreation Act

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FEDERAL WATER PROJECT RECREATION ACT

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December 29, 2000

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December 29, 2000

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FEDERAL WATER PROJECT RECREATION ACT
[As Amended Through P.L. 106–580, Dec. 29, 2000]
AN ACT To provide uniform policies with respect to recreation and fish and wildlife
benefits and costs of Federal multiple-purpose water resource projects, and other
purposes.

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That it is the policy of the Congress and the intent of this Act that (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 Act, 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.
(16 U.S.C. 460l–12)

SEC. 2. (a) 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 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;
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(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
of 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) The non-Federal share of the separable costs of the project
allocated to recreation and fish and wildlife enhancement shall be
borne by non-Federal 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 interest-bearing 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.
(16 U.S.C. 460l–13)

SEC. 3. (a) 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 subsection 2(a) of this Act 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.
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FEDERAL WATER PROJECT RECREATION ACT

Sec. 3

Project costs allocated to recreation and fish and wildlife enhancement on this basis shall be nonreimbursable.
(b) Notwithstanding the absence of an indication of intent as
specified in subsection 2(a), 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 one-quarter 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 the potential.
(c)(1) Any recreation facility constructed under this Act 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 development for the project that is
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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.
(16 U.S.C. 460l–14)

SEC. 4. At projects, the construction of which has commenced
or been completed as of the effective date of this Act, where nonFederal 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.
(16 U.S.C. 460l–15)

SEC. 5. Nothing herein shall be construed as preventing or discouraging postauthorization development 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 this project. Such development
shall not be the basis for any allocation or reallocation of project
costs to recreation or fish and wildlife enhancement.
(16 U.S.C. 460l–16)

SEC. 6. (a) The views of the Secretary of the Interior developed
in accordance with section 3 of this Act of May 28, 1963 (77 Stat.
49), 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 Act. 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 subsection 5(d) of the Land and Water Conservation Fund Act of 1965 (78 Stat. 897).
(b) The first proviso of subsection 2(d) of the Act of August 12,
1958 (72 Stat. 563; 16 U.S.C. 662(d)), is amended to read as follows: Provided, That such cost attributable to the development and
improvement of wildlife shall not extend beyond that necessary for
(1) land acquisition, (2) facilities as specifically recommended in
water resource project reports, (3) modification of the project, and
(4) modification of protect operations, but shall not include the operation of wildlife facilities.’’ The second proviso of subsection 2(d)
of said Act is hereby repealed.
(c) 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 In1 So

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in original. The word ‘‘the’’ should be deleted.

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terior 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) This Act 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, or under authority of the Watershed Protection and Flood Prevention Act, as amended.
(e) Sections 2, 3, 4, and 5 of this Act 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 Federal program for the conservation and development of fish and wildlife.
(f) As used in this Act, the term ‘‘nonreimbursable’’ shall not
be construed to prohibit the imposition of entrance, admission, and
other recreation user fees or charges.
(g) Subsection 6(a)(2) of the Land and Water Conservation
Fund Act of 1965 (78 Stat. 897) 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
subsection 2(a) or subsection 3(b)(1) of this Act.
(h) All payments and repayment by non-Federal public bodies
under the provisions of this Act shall be deposited in the Treasury
as miscellaneous receipts, and revenue from the conveyance by
deed, lease, or otherwise, of lands under subsection 3(b)(2) of this
Act shall be deposited in the Land and Water Conservation Fund.
(16 U.S.C. 460l–17)

SEC. 7. (a) 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, operate 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 coDecember 29, 2000

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ordinated with the other project purposes 1. 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 3 of this Act has been executed.
(b) 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) 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 resource projects or to disposition of public lands for such purposes.
(16 U.S.C. 460l–18)

SEC. 8. 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.
(16 U.S.C. 460l–19)

SEC. 9. Nothing contained in this Act shall be taken to authorize or to sanction the construction under the Federal reclamation
1 The amendment made to this subsection by section 2804(e)(1) of the Reclamation Projects
Authorization and Adjustment Act of 1992 (P.L. 102–575; 106 Stat. 4692) is unexecutable and
was substantively similar to the earlier amendment made by section 206 of the Energy and
Water Development Appropriations Act, 1993 (P.L. 102–377; 106 Stat. 1332).

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laws or under any Rivers and Harbors or Food 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.
(16 U.S.C. 460l–20)

SEC. 10. As used in this Act:
(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 between the capital cost of the entire
multiple-purpose 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.
(16 U.S.C. 460l–21)

SEC. 11. Section 2, subsection (a) of the Land and Water Conservation Fund Act of 1965 (78 Stat. 897) is hereby amended by
striking out the words ‘‘notwithstanding any provision of law that
such proceeds shall be credited to miscellaneous receipts of the
Treasury:’’ and inserting in lieu thereof the words ‘‘notwithstanding
any other provision of law:’’ and by striking out the words ‘‘or 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’’
and inserting in lieu thereof ‘‘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’’.
SEC. 12. This Act may be cited as the ‘‘Federal Water Project
Recreation Act’’.
(16 U.S.C. 460l–12 nt)

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