Recreation Act (16 U.S.C. 460k)

Page 627

TITLE 16—CONSERVATION

lic domain within reservoir areas under his control (1) are not required for project purposes or
for public recreational use, and (2) are being
used for or are available for cottage site development and use, he is authorized to offer such
lands, or any part thereof, for sale for such purposes in accordance with the provisions of this
subchapter: Provided, however, That any lands
held under lease for cottage site purposes on August 6, 1956 shall not be offered for sale to anyone other than the lessee until after sixty days
from the date of the written notice to the lessee
as provided in section 460f of this title, or the
termination or expiration date of such lease,
whichever is later, and the lessee shall have the
right during such period to purchase any lands
leased to him which the Secretary determines
are available for sale.
(Aug. 6, 1956, ch. 987, § 1, 70 Stat. 1065.)
§ 460f. Notice and method of sale; price; conveyance
(a) Public notice
Public notice of the availability of the lands
for sale for cottage site development and use
shall be given in such manner as the Secretary
of the Army may by regulation prescribe, including publication within the vicinity of the
lands available for sale: Provided, however, That
notice to lessees of cottage sites shall be given
in writing within 90 days after publication of
such regulations in the Federal Register and the
notice shall state the appraised fair market
value of the land available for sale to such lessee.
(b) Method of sale
The sale of lands for cottage site development
and use shall be accomplished by any method
which the Secretary of the Army determines to
be in the public interest, including public auction, seal bids, and by negotiation with lessees
and with others after competitive bidding.
(c) Price
The price to be paid for any lands sold for cottage site development and use pursuant to the
provisions of this subchapter shall be not less
than the appraised fair market value thereof as
determined by the Secretary of the Army.
(d) Conveyance
The Secretary of the Army is authorized to
convey by quitclaim deed all the right, title, and
interest of the United States in and to the lands
sold for cottage site development and use pursuant to the provisions of this subchapter, the conveyance to be on condition that the property
conveyed shall be used for cottage site purposes
only, and in the event of use for any other purposes, title to the land and improvements shall
revert to and vest in the United States; and subject to such other conditions, reservations, and
restrictions as the Secretary may determine to
be necessary for the management and operation
of the reservoir, or for the protection of lessees
or owners of cottage sites within the area.
(Aug. 6, 1956, ch. 987, § 2, 70 Stat. 1065.)

§ 460k

§ 460g. Transfer to State, etc., for roadway purposes
The Secretary of the Army may, by quitclaim
deed, deed of easement, or otherwise, transfer to
the State in which lands sold for cottage site development and use pursuant to this subchapter
are located, or to any political subdivision
thereof, or to any organization consisting of not
less than 50 per centum of the owners of cottage
sites in the area, without monetary consideration, any lands being used or to be used for
roads primarily to serve the cottage site areas:
Provided, however, That the deed or other instrument transferring such land shall specifically
provide for appropriate use and maintenance of
the property by the State, political subdivision,
or organization, and any deed conveying title to
such lands for roadway purposes shall contain
the condition and limitation that in the event
the land conveyed shall fail or cease to be used
for roadway purposes the same shall immediately revert to and vest in the United States.
(Aug. 6, 1956, ch. 987, § 3, 70 Stat. 1065.)
§ 460h. Costs of surveys or relocation of boundaries
The costs of any surveys or the relocation of
boundary markers necessary as an incident of a
conveyance or other property transfer under
this subchapter shall be borne by the grantee.
(Aug. 6, 1956, ch. 987, § 4, 70 Stat. 1066.)
§ 460i. Delegation of powers; regulations
The Secretary of the Army may delegate any
authority conferred upon him by this subchapter
to any officer or employee of the Department of
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

§ 460k–1

TITLE 16—CONSERVATION

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.)
Editorial Notes
AMENDMENTS
1966—Pub. L. 89–669 substituted ‘‘areas within the National Wildlife Refuge System’’ for ‘‘national wildlife
refuges, game ranges’’ in introductory text.
Statutory Notes and Related Subsidiaries
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

Page 628

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.)
Editorial Notes
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.
Statutory Notes and Related Subsidiaries
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 purposes 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.

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TITLE 16—CONSERVATION

(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.)
Editorial Notes
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.
Statutory Notes and Related Subsidiaries
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
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.

§ 460l–1. 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.

§ 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
Editorial Notes
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

§ 460l–6b

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.
Statutory Notes and Related Subsidiaries
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. 88–578, 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–6a. Repealed. Pub. L. 113–287, § 7, Dec. 19,
2014, 128 Stat. 3272
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),
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