Land and Water Conservation Fund Act of 1965, as amended (16 U.S.C. § 460l)

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 Repealed.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 Repealed.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 Repealed.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),

§ 460l–6b

TITLE 16—CONSERVATION

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, related to admission and
special recreation use fees. Subsecs. (a) to (h) and
(i)(1)(A), (B), (2) to (4), which related to various fees and
permits and reporting requirements, had been previously repealed. Subsecs. (i)(1)(C) and (j) to (n) were
repealed and restated in section 100904 of Title 54, National Park Service and Related Programs.

§ 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.

Page 564

(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.

§ 460l–6d. Commercial filming
(a) Commercial filming fee
(1) In general
The Secretary of the Interior or the Secretary of Agriculture (hereafter individually
referred to as the ‘‘Secretary’’ with respect to
land (except land in a System unit as defined
in section 100102 of title 54) under their respective jurisdictions) shall require a permit and
shall establish a reasonable fee for commercial
filming activities or similar projects on Federal land administered by the Secretary. The
fee shall provide a fair return to the United
States and shall be based on the following criteria:
(A) The number of days the filming activity or similar project takes place on Federal
land under the Secretary’s jurisdiction.
(B) The size of the film crew present on
Federal land under the Secretary’s jurisdiction.
(C) The amount and type of equipment
present.
(2) Other factors
The Secretary may include other factors in
determining an appropriate fee as the Secretary considers necessary.
(b) Recovery of costs
The Secretary shall collect any costs incurred
as a result of filming activities or similar
project, including administrative and personnel
costs. All costs recovered shall be in addition to
the fee assessed in subsection (a).
(c) Still photography
(1) In general
Except as provided in paragraph (2), the Secretary shall not require a permit nor assess a
fee for still photography on land administered
by the Secretary if such photography takes
place where members of the public are gener-

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TITLE 16—CONSERVATION

ally 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.
(2) Exception
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 that—
(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) the activity poses health or safety risks
to the public.
(e) Use of proceeds
(1) Fees
All fees collected under this section shall be
available for expenditure by the Secretary,
without further appropriation and shall remain available until expended.
(2) Costs
All costs recovered under this section shall
be available for expenditure by the Secretary,
without further appropriation, at the site
where the costs are collected and shall remain
available until expended.
(f) Processing of permit applications
The Secretary shall establish a process to ensure that the Secretary responds in a timely
manner to permit applicants for commercial
filming, still photography, or other activity.
(Pub. L. 106–206, § 1, May 26, 2000, 114 Stat. 314;
Pub. L. 113–287, §§ 4(c), 7, Dec. 19, 2014, 128 Stat.
3261, 3272.)
CODIFICATION
Section was not enacted as part of the Land and
Water Conservation Fund Act of 1965.
AMENDMENTS
2014—Pub. L. 113–287, § 4(c), amended section generally. Prior to amendment, section related to commercial filming with respect to lands under the jurisdiction
of the Secretaries of the Interior and Agriculture.
REPEALS
Section repealed by Pub. L. 113–287, § 7, Dec. 19, 2014,
128 Stat. 3272, insofar as applicable to the National
Park System. See section 100905 of Title 54, National
Park Service and Related Programs.

§ 460l–7. Repealed. Pub. L. 113–287, § 7, Dec. 19,
2014, 128 Stat. 3272
Section, 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, related to allocation of land and water conservation fund for State and Federal purposes. See sec-

§ 460l–10b

tion 200304 of Title 54, National Park Service and Related Programs.
A prior section 5 of Pub. L. 88–578 was renumbered
section 6 and was classified to section 460l–8 of this title
prior to repeal by Pub. L. 113–287.

§ 460l–8. Repealed. Pub. L. 113–287, § 7, Dec. 19,
2014, 128 Stat. 3272
Section, 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,
related to financial assistance to States. See sections
200301(2) and 200305 of Title 54, National Park Service
and Related Programs.
A prior section 6 of Pub. L. 88–578 was renumbered
section 7 and was classified to section 460l–9 of this title
prior to repeal by Pub. L. 113–287.

§ 460l–9. Repealed. Pub. L. 113–287, § 7, Dec. 19,
2014, 128 Stat. 3272
Section, 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, related to allocation of land and water conservation fund moneys
for Federal purposes. See sections 100506(c) and 200306 of
Title 54, National Park Service and Related Programs.
A prior section 7 of Pub. L. 88–578 was renumbered
section 8 and was classified to section 460l–10 of this
title prior to repeal by Pub. L. 113–287.

§ 460l–10. Repealed. Pub. L. 113–287, § 7, Dec. 19,
2014, 128 Stat. 3272
Section, 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, related to availability of land and water conservation fund for publicity purposes. See section 200307 of Title 54, National
Park Service and Related Programs.
A prior section 8 of Pub. L. 88–578 was renumbered
section 9 and was classified to section 460l–10a of this
title prior to repeal by Pub. L. 113–287.

§ 460l–10a. Repealed. Pub. L. 113–287, § 7, Dec. 19,
2014, 128 Stat. 3272
Section, Pub. L. 88–578, title I, § 9, formerly § 8, as
added Pub. L. 90–401, § 4, July 15, 1968, 82 Stat. 355;
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, related to contracts for acquisition of lands
and waters. See section 200308 of Title 54, National
Park Service and Related Programs.
A prior section 9 of Pub. L. 88–578 was renumbered
section 10 and was classified to section 460l–10b of this
title prior to repeal by Pub. L. 113–287.

§ 460l–10b. Repealed. Pub. L. 113–287, § 7, Dec. 19,
2014, 128 Stat. 3272
Section, Pub. L. 88–578, title I, § 10, formerly § 9, as
added Pub. L. 90–401, § 4, July 15, 1968, 82 Stat. 355; re-

§ 460l–10c

TITLE 16—CONSERVATION

numbered § 10, Pub. L. 92–347, § 2, July 11, 1972, 86 Stat.
459, related to contracts for options to acquire lands
and waters in national park system. See section 200309
of Title 54, National Park Service and Related Programs.
A prior section 10 of Pub. L. 88–578 was renumbered
section 11 and was classified to section 460l–10c of this
title prior to repeal by Pub. L. 113–287.

§ 460l–10c. Repealed. Pub. L. 113–287, § 7, Dec. 19,
2014, 128 Stat. 3272
Section, 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, repealed
provisions prohibiting collection of recreation fees or
user charges.

§ 460l–10d. Repealed. Pub. L. 113–287, § 7, Dec. 19,
2014, 128 Stat. 3272
Section, Pub. L. 88–578, title I, § 12, as added Pub. L.
94–422, title I, § 101(6), Sept. 28, 1976, 90 Stat. 1318, required review and report on the needs, problems, and
opportunities associated with urban recreation in highly populated regions.

§ 460l–10e. Repealed. Pub. L. 113–287, § 7, Dec. 19,
2014, 128 Stat. 3272
Section, 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, related to an advisory commission on
water-based recreation.

§ 460l–11. Repealed. Pub. L. 113–287, § 7, Dec. 19,
2014, 128 Stat. 3272
Section, 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, related to transfers to and from
land and water conservation fund. See section 200310 of
Title 54, National Park Service and Related Programs.

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 ei-

Page 566

ther 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 former
section 460l–5(a) and section 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
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

Page 567

TITLE 16—CONSERVATION

(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 allocated 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) construc-

§ 460l–14

tion 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
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

§ 460l–15

TITLE 16—CONSERVATION

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 development 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 en-

Page 568

acted sections 460l–12 to 460l–21 of this title and amended former section 460l–5(a) and section 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 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 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 200104 of title
54, 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
1 So

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

Page 569

recreation and fish and wildlife development
conforms to and is in accord with the State
comprehensive plan developed pursuant to section 200305(d) of title 54.
(b) Omitted
(c)

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 Federal 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 200306(a)(3) of title
54 to nonreimbursable costs of the United
States
section 1 200306(a)(3) of title 54 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.
1 So

§ 460l–18

TITLE 16—CONSERVATION

in original. Probably should be capitalized.

(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; Pub. L.
113–287, § 5(d)(1), Dec. 19, 2014, 128 Stat. 3264.)
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 former section 460l–5(a) and section 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, which is classified principally 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
In subsec. (a), ‘‘section 200104 of title 54’’ substituted
for ‘‘section 3 of the Act of May 28, 1963 (77 Stat. 49)’’
on authority of Pub. L. 113–287, § 6(e), Dec. 19, 2014, 128
Stat. 3272, which Act enacted Title 54, National Park
Service and Related Programs.
Subsec. (b) of this section amended section 662(d) of
this title.
AMENDMENTS
2014—Subsec. (a). Pub. L. 113–287, § 5(d)(1)(A), substituted ‘‘section 200305(d) of title 54’’ for ‘‘section
460l–8(d) of this title’’.
Subsec. (g). Pub. L. 113–287, § 5(d)(1)(B), substituted
‘‘section 200306(a)(3) of title 54’’ for ‘‘Section 460l–9(a)(2)
of this title’’.
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, 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

§ 460l–19

TITLE 16—CONSERVATION

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
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.

Page 570

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 former
section 460l–5(a) and section 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 between the capital cost of the entire multiplepurpose project and the capital cost of the
project with the purpose omitted.

Page 571

§ 460l–33

TITLE 16—CONSERVATION

(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 former
section 460l–5(a) and section 662(d) of this title.

PART D—LAND TRANSFERS
§ 460l–22. Repealed. Pub. L. 113–287, § 7, Dec. 19,
2014, 128 Stat. 3272
Section, Pub. L. 90–401, § 5, July 15, 1968, 82 Stat. 356;
Pub. L. 98–506, § 2, Oct. 19, 1984, 98 Stat. 2338, related to
conveyance of property and interests in property in national park system and miscellaneous areas. See sections 100903 and 102901 of Title 54, National Park Service and Related Programs.

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 operation, 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).
(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—
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.

§ 460l–34

TITLE 16—CONSERVATION

(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—
(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.)
1 So

in original. No par. (2) has been enacted.
References in Text note below.

2 See

Page 572
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
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