CCLME.ORG - National Park Services Organic Act; Land and Water Conservation Fund Act; Antiquities Act
Loading (50 kb)...'
(continued)
twenty-five acres per mile in scenic easements. The survey location
and width of any portion of the parkway extension that crosses
national forest land shall be jointly determined by the Secretary
of the Interior and the Secretary of Agriculture. Where the parkway
extension designated by the Secretary of the Interior traverses
Federal lands, the head of the department or agency having
jurisdiction over such lands is authorized to transfer to the
Secretary of the Interior the part of the Federal lands mutually
agreed upon as necessary for the construction, maintenance and
administration of the parkway extension and public use thereof,
without transfer of funds. Any such transfer within a national
forest shall not preclude any national forest use that is
compatible with parkway use and that is agreed upon by the
Secretary of the Interior and the Secretary of Agriculture.

-SOURCE-
(Pub. L. 90-555, Sec. 1, Oct. 9, 1968, 82 Stat. 967.)

-End-



-CITE-
16 USC Sec. 460a-7 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXV - NATIONAL PARKWAYS

-HEAD-
Sec. 460a-7. Coordination of recreational development on parkway
and national forest lands; administration of forest land
recreational facilities and access road development by Secretary
of Agriculture; forest road and Appalachian Trail relocation and
reconstruction and alternative forest road provision by Secretary
of the Interior

-STATUTE-
To effectuate the recommendations in the report to the Congress
on the North Carolina-Georgia extension of the Blue Ridge Parkway,
made pursuant to the Act of August 10, 1961 (75 Stat. 337) -
(1) The Secretary of the Interior and the Secretary of
Agriculture shall, insofar as practicable, coordinate and
correlate recreational development on lands within the parkway
and adjacent or related national forests land: Provided, That
within national forest boundaries recreational developments and
facilities on Federal lands other than those actually within the
national parkway shall be administered by the Secretary of
Agriculture;
(2) Upon the request of the Secretary of Agriculture, the
Secretary of the Interior shall relocate and reconstruct any
national forest roads that may be disturbed by the parkway
extension, or provide alternative roads that are necessary to the
protection, administration, or utilization of the national
forests, and shall allow access to areas to be developed by the
Secretary of Agriculture on adjacent national forest lands unless
to do so will materially impair the primary purposes of the
parkway;
(3) The Secretary of the Interior may relocate and reconstruct
portions of the Appalachian Trail, including trail shelters, that
may be disturbed by the parkway extension and such relocation and
reconstruction may be performed (A) on non-Federal lands when the
Appalachian Trail Conference obtains the consent of the owner to
the use of the lands for the purpose and agrees to assume
maintenance thereof, and (B) upon national forest lands with the
approval of the Secretary of Agriculture.

-SOURCE-
(Pub. L. 90-555, Sec. 2, Oct. 9, 1968, 82 Stat. 968.)

-REFTEXT-
REFERENCES IN TEXT
Act of August 10, 1961, referred to in text, is Pub. L. 87-135,
Aug. 10, 1961, 75 Stat. 337, which was not classified to the Code.

-End-



-CITE-
16 USC Sec. 460a-8 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXV - NATIONAL PARKWAYS

-HEAD-
Sec. 460a-8. Licenses or permits for rights-of-way over parkway
lands

-STATUTE-
The Secretary of the Interior may issue revocable licenses or
permits for rights-of-way over, across, and upon parkway lands, or
for the use of parkway lands by the owners or lessees of adjacent
lands, or for such purposes and under such terms and conditions as
he may determine to be consistent with the use of such lands for
parkway purposes.

-SOURCE-
(Pub. L. 90-555, Sec. 3, Oct. 9, 1968, 82 Stat. 968.)

-End-



-CITE-
16 USC Sec. 460a-9 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXV - NATIONAL PARKWAYS

-HEAD-
Sec. 460a-9. Part of Blue Ridge Parkway; administration and
maintenance of parkway extension

-STATUTE-
The parkway extension herein authorized shall be a part of the
Blue Ridge Parkway and shall be administered and maintained by the
Secretary of the Interior in accordance with the laws and
regulations applicable thereto, including section 460a-4 of this
title.

-SOURCE-
(Pub. L. 90-555, Sec. 4, Oct. 9, 1968, 82 Stat. 968.)

-End-



-CITE-
16 USC Sec. 460a-10 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXV - NATIONAL PARKWAYS

-HEAD-
Sec. 460a-10. Transfer of national forest lands to Secretary of
Agriculture

-STATUTE-
With the concurrence of the Secretary of Agriculture the
Secretary of the Interior may transfer to the Secretary of
Agriculture for national forest purposes lands or interests in
lands within national forests acquired for, or in connection with,
the parkway extension.

-SOURCE-
(Pub. L. 90-555, Sec. 5, Oct. 9, 1968, 82 Stat. 968.)

-End-



-CITE-
16 USC Sec. 460a-11 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXV - NATIONAL PARKWAYS

-HEAD-
Sec. 460a-11. Authorization of appropriations

-STATUTE-
There is hereby authorized to be appropriated, for construction
of the Blue Ridge Parkway extension, not more than $87,536,000,
plus or minus such amounts, if any, as may be justified by reason
of fluctuations in construction costs as indicated by engineering
cost indices applicable to the type of construction involved
herein.

-SOURCE-
(Pub. L. 90-555, Sec. 6, Oct. 9, 1968, 82 Stat. 968.)

-End-



-CITE-
16 USC Secs. 460b, 460c 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXV - NATIONAL PARKWAYS

-HEAD-
Secs. 460b, 460c. Repealed. Pub. L. 85-767, Sec. 2 [19, 21, 23,
33], Aug. 27, 1958, 72 Stat. 919

-MISC1-
Section 460b, acts June 16, 1936, ch. 582, Sec. 5, 49 Stat. 1520;
June 8, 1938, ch. 328, Sec. 8, 52 Stat. 635; Sept. 5, 1940, ch.
715, Sec. 9, 54 Stat. 870, related to determination of location of
parkways upon public lands, national forests, or other Federal
reservations.
Section 460c, act Sept. 7, 1950, ch. 912, Sec. 4(b), 64 Stat.
787, related to administration of parkway appropriations.

-End-


-CITE-
16 USC SUBCHAPTER LXVI - PUBLIC PARK AND RECREATIONAL
FACILITIES AT WATER RESOURCE DEVELOPMENT
PROJECTS 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXVI - PUBLIC PARK AND RECREATIONAL FACILITIES AT WATER
RESOURCE DEVELOPMENT PROJECTS

-HEAD-
SUBCHAPTER LXVI - PUBLIC PARK AND RECREATIONAL FACILITIES AT WATER
RESOURCE DEVELOPMENT PROJECTS

-End-



-CITE-
16 USC Sec. 460d 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXVI - PUBLIC PARK AND RECREATIONAL FACILITIES AT WATER
RESOURCE DEVELOPMENT PROJECTS

-HEAD-
Sec. 460d. Construction and operation of public parks and
recreational facilities in water resource development projects;
lease of lands; preference for use; penalty; application of
section 3401 of title 18; citations and arrests with and without
process; limitations; disposition of receipts

-STATUTE-
The Chief of Engineers, under the supervision of the Secretary of
the Army, is authorized to construct, maintain, and operate public
park and recreational facilities at water resource development
projects under the control of the Department of the Army, to permit
the construction of such facilities by local interests
(particularly those to be operated and maintained by such
interests), and to permit the maintenance and operation of such
facilities by local interests. The Secretary of the Army is also
authorized to grant leases of lands, including structures or
facilities thereon, at water resource development projects for such
periods, and upon such terms and for such purposes as he may deem
reasonable in the public interest: Provided, That leases to
nonprofit organizations for park or recreational purposes may be
granted at reduced or nominal considerations in recognition of the
public service to be rendered in utilizing the leased premises:
Provided further, That preference shall be given to Federal, State,
or local governmental agencies, and licenses or leases where
appropriate, may be granted without monetary considerations, to
such agencies for the use of all or any portion of a project area
for any public purpose, when the Secretary of the Army determines
such action to be in the public interest, and for such periods of
time and upon such conditions as he may find advisable: And
provided further, That in any such lease or license to a Federal,
State, or local governmental agency which involves lands to be
utilized for the development and conservation of fish and wildlife,
forests, and other natural resources, the licensee or lessee may be
authorized to cut timber and harvest crops as may be necessary to
further such beneficial uses and to collect and utilize the
proceeds of any sales of timber and crops in the development,
conservation, maintenance, and utilization of such lands. Any
balance of proceeds not so utilized shall be paid to the United
States at such time or times as the Secretary of the Army may
determine appropriate. The water areas of all such projects shall
be open to public use generally for boating, swimming, bathing,
fishing, and other recreational purposes, and ready access to and
exit from such areas along the shores of such projects shall be
maintained for general public use, when such use is determined by
the Secretary of the Army not to be contrary to the public
interest, all under such rules and regulations as the Secretary of
the Army may deem necessary, including but not limited to
prohibitions of dumping and unauthorized disposal in any manner of
refuse, garbage, rubbish, trash, debris, or litter of any kind at
such water resource development projects, either into the waters of
such projects or onto any land federally owned and administered by
the Chief of Engineers. Any violation of such rules and regulations
shall be punished by a fine of not more than $500 or imprisonment
for not more than six months, or both. Any persons charged with the
violation of such rules and regulations may be tried and sentenced
in accordance with the provisions of section 3401 of title 18. All
persons designated by the Chief of Engineers for that purpose shall
have the authority to issue a citation for violation of the
regulations adopted by the Secretary of the Army, requiring the
appearance of any person charged with violation to appear before
the United States magistrate judge, within whose jurisdiction the
water resource development project is located, for trial; and upon
sworn information of any competent person any United States
magistrate judge in the proper jurisdiction shall issue process for
the arrest of any person charged with the violation of said
regulations; but nothing herein contained shall be construed as
preventing the arrest by any officer of the United States, without
process, of any person taken in the act of violating said
regulations. No use of any area to which this section applies shall
be permitted which is inconsistent with the laws for the protection
of fish and game of the State in which such area is situated. All
moneys received by the United States for leases or privileges shall
be deposited in the Treasury of the United States as miscellaneous
receipts.

-SOURCE-
(Dec. 22, 1944, ch. 665, Sec. 4, 58 Stat. 889; July 24, 1946, ch.
596, Sec. 4, 60 Stat. 642; July 26, 1947, ch. 343, title II, Sec.
205(a), 61 Stat. 501; Sept. 3, 1954, ch. 1264, title II, Sec. 209,
68 Stat. 1266; Pub. L. 87-874, title II, Sec. 207, Oct. 23, 1962,
76 Stat. 1195; Pub. L. 88-578, Sec. 2(a), Sept. 3, 1964, 78 Stat.
899; Pub. L. 91-611, title II, Sec. 234, Dec. 31, 1970, 84 Stat.
1833; Pub. L. 101-650, title III, Sec. 321, Dec. 1, 1990, 104 Stat.
5117.)


-MISC1-
AMENDMENTS
1970 - Pub. L. 91-611 provided that the rules and regulations
should include but not be limited to prohibitions of dumping and
unauthorized disposal of refuse, garbage, rubbish, trash, debris,
or litter of any kind at water resource development projects,
prescribed penalty for violation of the rules and regulations,
provided for trial and sentence in accordance with section 3401 of
title 18, authorized issuance of citation for violation of the
regulations, provided for issuance of process for arrest of any
violators, and recognized the authority of Federal officer without
process of arrest any person taken in act of violating the
regulations.
1964 - Pub. L. 88-578 struck out ", without charge," after "The
water areas of all such projects shall be open to public use
generally".
1962 - Pub. L. 87-874 substituted references to water resource
development projects for references to reservoir areas wherever
appearing, and authorized the Chief of Engineers to permit the
construction, maintenance, and operation of facilities by local
interests.
1954 - Act Sept. 3, 1954, amended section generally, and, among
other changes, inserted "for park or recreational purposes" in
first proviso, inserted "or leases where appropriate" in second
proviso, and inserted third proviso permitting lessees and
licensees to cut timber and harvest crop in certain cases and
containing provisions with respect to the collection, utilization,
and disposition of the proceeds from the sale of timber and crops.
1946 - Act July 24, 1946, inserted first proviso dealing with
leases to nonprofit organizations.

-CHANGE-
CHANGE OF NAME
"United States magistrate judge" substituted for "United States
magistrate" wherever appearing in text pursuant to section 321 of
Pub. L. 101-650, set out as a note under section 631 of Title 28,
Judiciary and Judicial Procedure.
Department of War designated Department of the Army and title of
Secretary of War changed to Secretary of the Army by section 205(a)
of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section
205(a) of Act July 26, 1947, was repealed by section 53 of Act Aug.
10, 1956, ch. 1041, 70A Stat. 641. Section 1 of Act Aug. 10, 1956,
enacted "Title 10, Armed Forces" which in sections 3010 to 3013
continued military Department of the Army under administrative
supervision of Secretary of the Army.


-MISC2-
EFFECTIVE DATE OF 1964 AMENDMENT
Amendment by Pub. L. 88-578 effective Jan. 1, 1965, see section
1(a) of Pub. L. 88-578, set out in part as an Effective Date note
under section 460l-4 of this title.

RECREATION POLICY
Pub. L. 104-303, title II, Sec. 208(a), Oct. 12, 1996, 110 Stat.
3680, provided that:
"(1) In general. - The Secretary shall provide increased emphasis
on, and opportunities for recreation at, water resources projects
operated, maintained, or constructed by the Corps of Engineers.
"(2) Report. - Not later than 2 years after the date of the
enactment of this Act [Oct. 12, 1996], the Secretary shall transmit
to Congress a report on specific measures taken to implement this
subsection."

CABIN SITE LEASES
Pub. L. 99-662, title XI, Sec. 1134(a)-(c), Nov. 17, 1986, 100
Stat. 4250, provided that:
"(a) On and after December 31, 1989, the Secretary shall continue
in effect any lease or assignment thereof to which this section
applies, until such time as such lease is terminated by the
leaseholder, any successors or assigns of the leaseholder, or by
the Secretary under subsection (b) of this section. Any such
continuation beyond the date of expiration of such lease as in
effect on December 31, 1989, shall be at fair market rentals and on
such other reasonable terms and conditions not inconsistent with
this section as the Secretary deems necessary. No continuation
shall be made beyond such date unless the leaseholder agrees (1) to
hold the United States harmless from any claim for damages or
injury to persons or property arising from occupancy of or through
the use of the property subject to such lease, and (2) to not
unreasonably expand existing improvements.
"(b)(1) On and after December 31, 1989, the Secretary and any
other officer or employee of the United States shall not terminate
a lease to which this section applies, except as provided in
paragraph (2) of this subsection.
"(2) On and after December 31, 1989, the Secretary may terminate
a lease to which this section applies only if -
"(A) the property covered by the lease is needed for immediate
use for public park purposes or other higher public use or for a
navigation or flood control project; or
"(B) the leaseholder substantially violates a provision of such
lease.
"(c) Subsections (a) and (b) of this section apply to (1) any
cottage site lease of property, which lease was entered into by the
Secretary of the Army pursuant to section 4 of the Act entitled 'An
Act authorizing the construction of certain public works on rivers
and harbors for flood control, and for other purposes', approved
December 22, 1944 (58 Stat. 889; 16 U.S.C. 460d), and is in effect
on December 31, 1989, and (2) any assignment of such a lease."

PROHIBITION ON ORDERS TO REMOVE HOUSEBOATS, ETC., FROM RESERVOIRS
OR PROJECTS ADMINISTERED BY SECRETARY OF THE ARMY
Pub. L. 99-662, title XI, Sec. 1134(d), Nov. 17, 1986, 100 Stat.
4251, as amended by Pub. L. 101-640, title III, Sec. 320, Nov. 28,
1990, 104 Stat. 4643, provided that: "On and after December 31,
1989, no houseboat, boathouse, floating cabin, sleeping facilities
at marinas, or lawfully installed dock or cabin or trailer and
appurtenant structures shall be required to be removed from any
Federal water resources reservoir or lake project administered by
the Secretary on which it was located on the date of enactment of
this Act [Nov. 17, 1986], if (1) such property is maintained in
usable and safe condition, (2) such property does not occasion a
threat to life or property, and (3) the holder of the lease,
permit, or license is in substantial compliance with the existing
lease or license, except where necessary for immediate use for
public purposes or other higher public use or for a navigation or
flood control project."
Pub. L. 97-140, Sec. 6, Dec. 29, 1981, 95 Stat. 1718, provided
that: "Notwithstanding any other provision of law, no houseboat,
floating cabin, marina (including any with sleeping facilities), or
lawfully installed dock or cabin and appurtenant structures shall
be required to be removed before December 31, 1989, from any
Federal water resources reservoir or lake project administered by
the Secretary of the Army, acting through the Chief of Engineers,
on which it was located on the date of enactment of this Act [Dec.
29, 1981], if such property is maintained in usable condition, and,
in the judgment of the Chief of Engineers, does not occasion a
threat to life or property."
Similar provisions were contained in Pub. L. 97-128, Sec. 8, Dec.
29, 1981, 95 Stat. 1685.


-TRANS-
SECRETARY OF THE AIR FORCE
For transfer of certain functions relating to real property under
jurisdiction of Air Force, and certain functions relating to
construction of buildings and facilities insofar as they may
pertain to Department of the Air Force, from Secretary of the Army
to Secretary of the Air Force, see Secretary of Defense Transfer
Order Nos. 14, eff. July 1, 1948; 18, eff. July 7, 1948; and 40
[App. B(66)], July 22, 1949.

-CROSS-
SECTION AS UNAFFECTED BY SUBMERGED LANDS ACT
Provisions of this section as not amended, modified or repealed
by the Submerged Lands Act, see section 1303 of Title 43, Public
Lands.

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in title 33 section 2297.

-End-



-CITE-
16 USC Sec. 460d-1 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXVI - PUBLIC PARK AND RECREATIONAL FACILITIES AT WATER
RESOURCE DEVELOPMENT PROJECTS

-HEAD-
Sec. 460d-1. Rentals or other considerations in leases for
construction, maintenance, and operation of commercial
recreational facilities; adjustment by Chief of Engineers

-STATUTE-
The Chief of Engineers, under the supervision of the Secretary of
the Army, is authorized to amend any lease entered into providing
for the construction, maintenance, and operation of commercial
recreational facilities at a water resource development project
under the jurisdiction of the Secretary of the Army so as to
provide for the adjustment, either by increase or decrease, from
time to time during the term of such lease of the amount of rental
or other consideration payable to the United States under such
lease, when and to the extent he determines such adjustment or
extension to be necessary or advisable in the public interest. No
adjustment shall be made under the authority of this section so as
to increase or decrease the amount of rental or other consideration
payable under such lease for any period prior to the date of such
adjustment.

-SOURCE-
(Pub. L. 87-236, Sept. 14, 1961, 75 Stat. 509; Pub. L. 89-298,
title II, Sec. 215, Oct. 27, 1965, 79 Stat. 1088.)


-MISC1-
AMENDMENTS
1965 - Pub. L. 89-298 struck out "before November 1, 1956" after
"lease entered into".

-End-



-CITE-
16 USC Sec. 460d-2 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXVI - PUBLIC PARK AND RECREATIONAL FACILITIES AT WATER
RESOURCE DEVELOPMENT PROJECTS

-HEAD-
Sec. 460d-2. Adjustment by Secretary of Agriculture

-STATUTE-
The Secretary of Agriculture is authorized to amend any lease
entered into with respect to lands under the jurisdiction of the
Forest Service providing for the construction, maintenance, and
operation of commercial recreational facilities at a Federal
reservoir project so as to provide for the adjustment, either by
increase or decrease, from time to time during the term of such
lease of the amount of rental or other consideration payable to the
United States under such lease, when and to the extent he
determines such adjustment to be necessary or advisable in the
public interest. No adjustment shall be made under the authority of
this section so as to increase or decrease the amount of rental or
other consideration payable under such lease for any period prior
to the date of such adjustment.

-SOURCE-
(Pub. L. 87-411, Mar. 3, 1962, 76 Stat. 20.)

-End-



-CITE-
16 USC Sec. 460d-3 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXVI - PUBLIC PARK AND RECREATIONAL FACILITIES AT WATER
RESOURCE DEVELOPMENT PROJECTS

-HEAD-
Sec. 460d-3. Recreational user fees

-STATUTE-
(a) Prohibition on admissions fees
No entrance or admission fees shall be collected after March 31,
1970, by any officer or employee of the United States at public
recreation areas located at lakes and reservoirs under the
jurisdiction of the Corps of Engineers, United States Army.
(b) Fees for use of developed recreation sites and facilities
(1) Establishment and collection
Notwithstanding section 460l-6a(b) of this title, the Secretary
of the Army is authorized, subject to paragraphs (2) and (3), to
establish and collect fees for the use of developed recreation
sites and facilities, including campsites, swimming beaches, and
boat launching ramps but excluding a site or facility which
includes only a boat launch ramp and a courtesy dock.
(2) Exemption of certain facilities
The Secretary shall not establish or collect fees under this
subsection for the use or provision of drinking water, wayside
exhibits, roads, scenic drives, overlook sites, picnic tables,
toilet facilities, surface water areas, undeveloped or lightly
developed shoreland, or general visitor information.
(3) Per vehicle limit
The fee under this subsection for use of a site or facility
(other than an overnight camping site or facility or any other
site or facility at which a fee is charged for use of the site or
facility as of August 10, 1993) for persons entering the site or
facility by private, noncommercial vehicle transporting not more
than 8 persons (including the driver) shall not exceed $3 per day
per vehicle. Such maximum amount may be adjusted annually by the
Secretary for changes in the Consumer Price Index of All Urban
Consumers published by the Bureau of Labor Statistics of the
Department of Labor.
(4) Deposit into Treasury account
All fees collected under this subsection shall be deposited
into the Treasury account for the Corps of Engineers established
by section 460l-6a(i) of this title and, subject to the
availability of appropriations, shall be used for the purposes
specified in section 460l-6a(i)(3) of this title at the water
resources development project at which the fees were collected.

-SOURCE-
(Pub. L. 90-483, title II, Sec. 210, Aug. 13, 1968, 82 Stat. 746;
Pub. L. 103-66, title V, Sec. 5001(a), Aug. 10, 1993, 107 Stat.
378; Pub. L. 104-303, title II, Sec. 208(b)(1), Oct. 12, 1996, 110
Stat. 3680.)


-MISC1-
AMENDMENTS
1996 - Subsec. (b)(4). Pub. L. 104-303 inserted before period at
end "and, subject to the availability of appropriations, shall be
used for the purposes specified in section 460l-6a(i)(3) of this
title at the water resources development project at which the fees
were collected".
1993 - Pub. L. 103-66 inserted section catchline, struck out
second sentence, designated remaining text as subsec. (a) and
inserted heading, and added subsec. (b). Prior to amendment, second
sentence read as follows: "User fees at these lakes and reservoirs
shall be collected by officers and employees of the United States
only from users of highly developed facilities requiring continuous
presence of personnel for maintenance and supervision of the
facilities, and shall not be collected for access to or use of
water areas, undeveloped or lightly developed shoreland, picnic
grounds, overlook sites, scenic drives, or boat launching ramps
where no mechanical or hydraulic equipment is provided."

ALTERNATIVE TO ANNUAL PASSES
Section 208(c) of Pub. L. 104-303, as amended by Pub. L. 106-53,
title II, Sec. 218, Aug. 17, 1999, 113 Stat. 294, provided that:
"(1) In general. - The Secretary shall evaluate the feasibility
of implementing an alternative to the $25 annual pass that the
Secretary currently offers to users of recreation facilities at
water resources projects of the Corps of Engineers.
"(2) Annual pass. - The evaluation under paragraph (1) shall
include the establishment on a test basis of an annual pass that
costs $10 or less for the use of recreation facilities, including
facilities at Raystown Lake, Pennsylvania.
"(3) Report. - Not later than December 31, 1999, the Secretary
shall transmit to Congress a report on the results of the
evaluation carried out under this subsection, together with
recommendations concerning whether annual passes for individual
projects should be offered on a nationwide basis.
"(4) Expiration of authority. - The authority to establish an
annual pass under paragraph (2) shall expire on the [sic] December
31, 2003."

-End-


-CITE-
16 USC SUBCHAPTER LXVII - COTTAGE SITE DEVELOPMENTS AND
USES IN RESERVOIR AREAS 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXVII - COTTAGE SITE DEVELOPMENTS AND USES IN RESERVOIR
AREAS

-HEAD-
SUBCHAPTER LXVII - COTTAGE SITE DEVELOPMENTS AND USES IN RESERVOIR
AREAS

-End-



-CITE-
16 USC Sec. 460e 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXVII - COTTAGE SITE DEVELOPMENTS AND USES IN RESERVOIR
AREAS

-HEAD-
Sec. 460e. Authorization for sale of public lands; rights of lessee

-STATUTE-
Whenever the Secretary of the Army determines that any
Government-owned lands other than lands withdrawn or reserved from
the public 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.

-SOURCE-
(Aug. 6, 1956, ch. 987, Sec. 1, 70 Stat. 1065.)

-End-



-CITE-
16 USC Sec. 460f 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXVII - COTTAGE SITE DEVELOPMENTS AND USES IN RESERVOIR
AREAS

-HEAD-
Sec. 460f. Notice and method of sale; price; conveyance

-STATUTE-
(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.

-SOURCE-
(Aug. 6, 1956, ch. 987, Sec. 2, 70 Stat. 1065.)

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 460e of this title.

-End-



-CITE-
16 USC Sec. 460g 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXVII - COTTAGE SITE DEVELOPMENTS AND USES IN RESERVOIR
AREAS

-HEAD-
Sec. 460g. Transfer to State, etc., for roadway purposes

-STATUTE-
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.

-SOURCE-
(Aug. 6, 1956, ch. 987, Sec. 3, 70 Stat. 1065.)

-End-



-CITE-
16 USC Sec. 460h 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXVII - COTTAGE SITE DEVELOPMENTS AND USES IN RESERVOIR
AREAS

-HEAD-
Sec. 460h. Costs of surveys or relocation of boundaries

-STATUTE-
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.

-SOURCE-
(Aug. 6, 1956, ch. 987, Sec. 4, 70 Stat. 1066.)

-End-



-CITE-
16 USC Sec. 460i 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXVII - COTTAGE SITE DEVELOPMENTS AND USES IN RESERVOIR
AREAS

-HEAD-
Sec. 460i. Delegation of powers; regulations

-STATUTE-
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.

-SOURCE-
(Aug. 6, 1956, ch. 987, Sec. 5, 70 Stat. 1066.)

-End-



-CITE-
16 USC Sec. 460j 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXVII - COTTAGE SITE DEVELOPMENTS AND USES IN RESERVOIR
AREAS

-HEAD-
Sec. 460j. Disposition of proceeds

-STATUTE-
The proceeds from any sale made under this subchapter shall be
covered into the Treasury of the United States as miscellaneous
receipts.

-SOURCE-
(Aug. 6, 1956, ch. 987, Sec. 6, 70 Stat. 1066.)

-End-


-CITE-
16 USC SUBCHAPTER LXVIII - NATIONAL CONSERVATION
RECREATIONAL AREAS 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXVIII - NATIONAL CONSERVATION RECREATIONAL AREAS

-HEAD-
SUBCHAPTER LXVIII - NATIONAL CONSERVATION RECREATIONAL AREAS

-SECREF-
SUBCHAPTER REFERRED TO IN OTHER SECTIONS
This subchapter is referred to in sections 410hhh-4, 459f-5,
668dd of this title.

-End-



-CITE-
16 USC Sec. 460k 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXVIII - NATIONAL CONSERVATION RECREATIONAL AREAS

-HEAD-
Sec. 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

-STATUTE-
In recognition of mounting public demands for recreational
opportunities on areas within the National Wildlife Refuge System,
national fish hatcheries, and other conservation areas administered
by the Secretary of the Interior for fish and wildlife purposes;
and in recognition also of the resulting imperative need, if such
recreational opportunities are provided, to assure that any present
or future recreational use will be compatible with, and will not
prevent accomplishment of, the primary purposes for which the said
conservation areas were acquired or established, the Secretary of
the Interior is authorized, as an appropriate incidental or
secondary use, to administer such areas or parts thereof for public
recreation when in his judgment public recreation can be an
appropriate incidental or secondary use: Provided, That such public
recreation use shall be permitted only to the extent that is
practicable and not inconsistent with other previously authorized
Federal operations or with the primary objectives for which each
particular area is established: Provided further, That in order to
insure accomplishment of such primary objectives, the Secretary,
after consideration of all authorized uses, purposes, and other
pertinent factors relating to individual areas, shall curtail
public recreation use generally or certain types of public
recreation use within individual areas or in portions thereof
whenever he considers such action to be necessary: And provided
further, That none of the aforesaid refuges, hatcheries, game
ranges, and other conservation areas shall be used during any
fiscal year for those forms of recreation that are not directly
related to the primary purposes and functions of the individual
areas until the Secretary shall have determined -
(a) that such recreational use will not interfere with the
primary purposes for which the areas were established, and
(b) that funds are available for the development, operation,
and maintenance of these permitted forms of recreation. This
section shall not be construed to repeal or amend previous
enactments relating to particular areas.

-SOURCE-
(Pub. L. 87-714, Sec. 1, Sept. 28, 1962, 76 Stat. 653; Pub. L.
89-669, Sec. 9, Oct. 15, 1966, 80 Stat. 930.)


-MISC1-
AMENDMENTS
1966 - Pub. L. 89-669 substituted "areas within the National
Wildlife Refuge System" for "national wildlife refuges, game
ranges" in introductory text.

SHORT TITLE
Pub. L. 87-714, which enacted this subchapter, is popularly known
as the "Refuge Recreation Act".

-End-



-CITE-
16 USC Sec. 460k-1 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXVIII - NATIONAL CONSERVATION RECREATIONAL AREAS

-HEAD-
Sec. 460k-1. Acquisition of lands for recreational development;
funds

-STATUTE-
The Secretary is authorized to acquire areas of land, or
interests therein, which are suitable for -
(1) incidental fish and wildlife-oriented recreational
development,
(2) the protection of natural resources,
(3) the conservation of endangered species or threatened
species listed by the Secretary pursuant to section 1533 of this
title, or
(4) carrying out two or more of the purposes set forth in
paragraphs (1) through (3) of this section, and are adjacent to,
or within, the said conservation areas, except that the
acquisition of any land or interest therein pursuant to this
section shall be accomplished only with such funds as may be
appropriated therefor by the Congress or donated for such
purposes, but such property shall not be acquired with funds
obtained from the sale of Federal migratory bird hunting stamps.

Lands acquired pursuant to this section shall become a part of the
particular conservation area to which they are adjacent.

-SOURCE-
(Pub. L. 87-714, Sec. 2, Sept. 28, 1962, 76 Stat. 653; Pub. L.
92-534, Oct. 23, 1972, 86 Stat. 1063; Pub. L. 93-205, Sec. 13(d),
Dec. 28, 1973, 87 Stat. 902.)


-MISC1-
AMENDMENTS
1973 - Pub. L. 93-205 inserted references to the acquisition of
interest in land the conservation of endangered species or
threatened species listed by the Secretary pursuant to section 1533
of this title.
1972 - Pub. L. 92-534 substituted provisions authorizing the
Secretary to acquire lands suitable for fish and wildlife oriented
recreational development, or for the protection of natural
resources and adjacent to conservation areas, for provisions
authorizing the Secretary to acquire limited areas of land for
recreational development adjacent to conservation areas in
existence or approved by the Migratory Bird Conservation Commission
as of September 28, 1962.

EFFECTIVE DATE OF 1973 AMENDMENT
Amendment by Pub. L. 93-205 effective Dec. 28, 1973, see section
16 of Pub. L. 93-205, set out as a note under section 1531 of this
title.

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 460l-9 of this title.

-End-



-CITE-
16 USC Sec. 460k-2 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXVIII - NATIONAL CONSERVATION RECREATIONAL AREAS

-HEAD-
Sec. 460k-2. Cooperation with agencies, organizations and
individuals; acceptance of donations; restrictive covenants

-STATUTE-
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.

-SOURCE-
(Pub. L. 87-714, Sec. 3, Sept. 28, 1962, 76 Stat. 653.)

-End-



-CITE-
16 USC Sec. 460k-3 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXVIII - NATIONAL CONSERVATION RECREATIONAL AREAS

-HEAD-
Sec. 460k-3. Charges and fees; permits; regulations; penalties;
enforcement

-STATUTE-
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.

-SOURCE-
(Pub. L. 87-714, Sec. 4, Sept. 28, 1962, 76 Stat. 654; Pub. L.
95-616, Sec. 3(e), Nov. 8, 1978, 92 Stat. 3111; Pub. L. 98-473,
title II, Sec. 221, Oct. 12, 1984, 98 Stat. 2028.)


-MISC1-
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.

-End-



-CITE-
16 USC Sec. 460k-4 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXVIII - NATIONAL CONSERVATION RECREATIONAL AREAS

-HEAD-
Sec. 460k-4. Authorization of appropriations

-STATUTE-
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.

-SOURCE-
(Pub. L. 87-714, Sec. 5, Sept. 28, 1962, 76 Stat. 654.)

-End-


-CITE-
16 USC SUBCHAPTER LXIX - OUTDOOR RECREATION PROGRAMS 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXIX - OUTDOOR RECREATION PROGRAMS

-HEAD-
SUBCHAPTER LXIX - OUTDOOR RECREATION PROGRAMS

-End-


-CITE-
16 USC Part A - Coordination of Programs 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXIX - OUTDOOR RECREATIONPROGRAMS (continued)