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Part A - Coordination of Programs
-HEAD-
PART A - COORDINATION OF PROGRAMS
-End-
-CITE-
16 USC Sec. 460l 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXIX - OUTDOOR RECREATION PROGRAMS
Part A - Coordination of Programs
-HEAD-
Sec. 460l. Congressional findings and declaration of policy
-STATUTE-
The Congress finds and declares it to be desirable that all
American people of present and future generations be assured
adequate outdoor recreation resources, and that it is desirable for
all levels of government and private interests to take prompt and
coordinated action to the extent practicable without diminishing or
affecting their respective powers and functions to conserve,
develop, and utilize such resources for the benefit and enjoyment
of the American people.
-SOURCE-
(Pub. L. 88-29, Sec. 1, May 28, 1963, 77 Stat. 49.)
-MISC1-
ENVIRONMENTAL QUALITY COUNCIL
For functions of the Environmental Quality Council concerning
outdoor recreation, see sections 102 and 103 of Ex. Ord. No. 11472,
May 29, 1969, 34 F.R. 8693, set out as a note under section 4321 of
Title 42, The Public Health and Welfare.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 460l-2 of this title.
-End-
-CITE-
16 USC Sec. 460l-1 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXIX - OUTDOOR RECREATION PROGRAMS
Part A - Coordination of Programs
-HEAD-
Sec. 460l-1. Powers and duties of Secretary of the Interior
-STATUTE-
In order to carry out the purposes of this part, the Secretary of
the Interior is authorized to perform the following functions and
activities:
(a) Inventory and evaluation of needs and resources
Prepare and maintain a continuing inventory and evaluation of
outdoor recreation needs and resources of the United States.
(b) Classification of resources
Prepare a system for classification of outdoor recreation
resources to assist in the effective and beneficial use and
management of such resources.
(c) Nationwide plan; contents; problems, solutions and actions;
initial plan; revisions of plan; transmittal to Congress and
Governors
Formulate and maintain a comprehensive nationwide outdoor
recreation plan, taking into consideration the plans of the various
Federal agencies, States, and their political subdivisions. The
plan shall set forth the needs and demands of the public for
outdoor recreation and the current and foreseeable availability in
the future of outdoor recreation resources to meet those needs. The
plan shall identify critical outdoor recreation problems, recommend
solutions, and recommend desirable actions to be taken at each
level of government and by private interests. The Secretary shall
transmit the initial plan, which shall be prepared as soon as
practicable within five years on and after May 28, 1963, to the
President for transmittal to the Congress. Future revisions of the
plan shall be similarly transmitted at succeeding five-year
intervals. When a plan or revision is transmitted to the Congress,
the Secretary shall transmit copies to the Governors of the several
States.
(d) Technical assistance and advice; cooperation with States and
private interests
Provide technical assistance and advice to and cooperate with
States, political subdivisions, and private interests, including
nonprofit organizations, with respect to outdoor recreation.
(e) Interstate and regional cooperation
Encourage interstate and regional cooperation in the planning,
acquisition, and development of outdoor recreation resources.
(f) Research and education
(1) Sponsor, engage in, and assist in research relating to
outdoor recreation, directly or by contract or cooperative
agreements, and make payments for such purposes without regard to
the limitations of section 3324(a) and (b) of title 31 concerning
advances of funds when he considers such action in the public
interest, (2) undertakes studies and assemble information
concerning outdoor recreation, directly or by contract or
cooperative agreement, and disseminate such information without
regard to the provisions of section 3204 of title 39, and (3)
cooperate with educational institutions and others in order to
assist in establishing education programs and activities and to
encourage public use and benefits from outdoor recreation.
(g) Federal interdepartmental cooperation; coordination of Federal
plans and activities; expenditures; reimbursement
(1) Cooperate with and provide technical assistance to Federal
departments and agencies and obtain from them information, data,
reports, advice, and assistance that are needed and can reasonably
be furnished in carrying out the purposes of this part, and (2)
promote coordination of Federal plans and activities generally
relating to outdoor recreation. Any department or agency furnishing
advice or assistance hereunder may expend its own funds for such
purposes, with or without reimbursement, as may be agreed to by
that agency.
(h) Donations
Accept and use donations of money, property, personal services,
or facilities for the purposes of this part.
-SOURCE-
(Pub. L. 88-29, Sec. 2, May 28, 1963, 77 Stat. 49; Pub. L. 91-375,
Sec. 6(h), Aug. 12, 1970, 84 Stat. 776.)
-COD-
CODIFICATION
In subsec. (f), "section 3324(a) and (b) of title 31" substituted
for "section 3648 of the Revised Statutes (31 U.S.C. 529)" on
authority of Pub. L. 97-258, Sec. 4(b), Sept. 13, 1982, 96 Stat.
1067, the first section of which enacted Title 31, Money and
Finance.
-MISC1-
AMENDMENTS
1970 - Subsec. (f). Pub. L. 91-375 substituted "section 3204 of
title 39" for "section 4154 of title 39".
EFFECTIVE DATE OF 1970 AMENDMENT
For effective date of amendment by Pub. L. 91-375, see section
15(a) of Pub. L. 91-375, set out as an Effective Dates note
preceding section 101 of Title 39, Postal Service.
TERMINATION OF REPORTING REQUIREMENTS
For termination, effective May 15, 2000, of provisions in subsec.
(c) of this section relating to transmittal to Congress, at
five-year intervals, of revisions of nationwide outdoor recreation
plan, see section 3003 of Pub. L. 104-66, as amended, set out as a
note under section 1113 of Title 31, Money and Finance, and page
112 of House Document No. 103-7.
STUDY REGARDING IMPROVED OUTDOOR RECREATIONAL ACCESS FOR PERSONS
WITH DISABILITIES
Pub. L. 105-359, Sec. 1, Nov. 10, 1998, 112 Stat. 3275, provided
that:
"(a) Study Required. - The Secretary of Agriculture and the
Secretary of the Interior shall jointly conduct a study regarding
ways to improve the access for persons with disabilities to outdoor
recreational opportunities (such as fishing, hunting, trapping,
wildlife viewing, hiking, boating, and camping) made available to
the public on the Federal lands described in subsection (b).
"(b) Covered Federal Lands. - The Federal lands referred to in
subsection (a) are the following:
"(1) National Forest System lands.
"(2) Units of the National Park System.
"(3) Areas in the National Wildlife Refuge System.
"(4) Lands administered by the Bureau of Land Management.
"(c) Report on Study. - Not later than 18 months after the date
of the enactment of this Act [Nov. 10, 1998], the Secretaries shall
submit to Congress a report containing the results of the study."
CONNECTICUT RIVER NATIONAL RECREATION AREA FEASIBILITY STUDY
Pub. L. 89-616, Oct. 3, 1966, 80 Stat. 867, directed Secretary of
the Interior to study, investigate, and formulate recommendations
on feasibility and desirability of establishing all or parts of
Connecticut River Valley from its source to its mouth, in States of
Connecticut, Massachusetts, Vermont, and New Hampshire, as a
Connecticut River National Recreation Area and to submit to
President, within two years after Oct. 3, 1966, a report of his
findings and recommendations, with President to submit to Congress
such recommendations, including legislation, as he deemed
appropriate.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 460l-2 of this title.
-End-
-CITE-
16 USC Sec. 460l-2 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXIX - OUTDOOR RECREATION PROGRAMS
Part A - Coordination of Programs
-HEAD-
Sec. 460l-2. Consultations of Secretary of the Interior with
administrative officers; execution of administrative
responsibilities in conformity with nationwide plan
-STATUTE-
In order further to carry out the policy declared in section 460l
of this title, the heads of Federal departments and independent
agencies having administrative responsibility over activities or
resources the conduct or use of which is pertinent to fulfillment
of that policy shall, either individually or as a group, (a)
consult with and be consulted by the Secretary from time to time
both with respect to their conduct of those activities and their
use of those resources and with respect to the activities which the
Secretary of the Interior carries on under authority of this part
which are pertinent to their work, and (b) carry out such
responsibilities in general conformance with the nationwide plan
authorized under section 460l-1(c) of this title.
-SOURCE-
(Pub. L. 88-29, Sec. 3, May 28, 1963, 77 Stat. 50.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 460l-17 of this title.
-End-
-CITE-
16 USC Sec. 460l-3 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXIX - OUTDOOR RECREATION PROGRAMS
Part A - Coordination of Programs
-HEAD-
Sec. 460l-3. Definitions
-STATUTE-
As used in this part, the term "United States" shall include the
District of Columbia and the terms "United States" and "States"
may, to the extent practicable, include the Commonwealth of Puerto
Rico, the Virgin Islands, Guam, American Samoa, the Trust Territory
of the Pacific Islands, and the Commonwealth of the Northern
Mariana Islands.
-SOURCE-
(Pub. L. 88-29, Sec. 4, May 28, 1963, 77 Stat. 50; Pub. L. 96-205,
title VI, Sec. 608(c), Mar. 12, 1980, 94 Stat. 92.)
-MISC1-
AMENDMENTS
1980 - Pub. L. 96-205 inserted references to the Trust Territory
of the Pacific Islands and the Commonwealth of the Northern Mariana
Islands.
-TRANS-
TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS
For termination of Trust Territory of the Pacific Islands, see
note set out preceding section 1681 of Title 48, Territories and
Insular Possessions.
-End-
-CITE-
16 USC Part B - Land and Water Conservation Fund 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXIX - OUTDOOR RECREATION PROGRAMS
Part B - Land and Water Conservation Fund
-HEAD-
PART B - LAND AND WATER CONSERVATION FUND
-SECREF-
PART REFERRED TO IN OTHER SECTIONS
This part is referred to in sections 1c, 398f, 429b-4, 460y-9,
460ii-4, 469h, 470b, 471i, 544l, 544n, 577h, 1225, 1247, 1249,
1251, 1273, 1278, 1282, 1534, 3505, 3911 of this title; title 7
section 1011; title 23 section 206; title 26 section 9503; title 40
section 14507; title 42 sections 1962c-2, 3534; title 43 sections
1457a, 1600e, 1712, 2305; title 46 section 13101.
-End-
-CITE-
16 USC Sec. 460l-4 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXIX - OUTDOOR RECREATION PROGRAMS
Part B - Land and Water Conservation Fund
-HEAD-
Sec. 460l-4. Land and water conservation provisions; statement of
purposes
-STATUTE-
The purposes of this part are to assist in preserving,
developing, and assuring accessibility to all citizens of the
United States of America of present and future generations and
visitors who are lawfully present within the boundaries of the
United States of America such quality and quantity of outdoor
recreation resources as may be available and are necessary and
desirable for individual active participation in such recreation
and to strengthen the health and vitality of the citizens of the
United States by (1) providing funds for and authorizing Federal
assistance to the States in planning, acquisition, and development
of needed land and water areas and facilities and (2) providing
funds for the Federal acquisition and development of certain lands
and other areas.
-SOURCE-
(Pub. L. 88-578, title I, Sec. 1(b), Sept. 3, 1964, 78 Stat. 897.)
-MISC1-
EFFECTIVE DATE
Section 1(a) of Pub. L. 88-578 provided in part that: "This Act
[see Short Title note below] shall become effective on January 1,
1965."
SHORT TITLE
Section 1(a) of Pub. L. 88-578 provided in part that: "This Act
[enacting this part, amending section 460d, repealing section 14 of
this title, and amending provisions set out as a note under section
120 of Title 23, Highways] may be cited as the 'Land and Water
Conservation Fund Act of 1965'."
SURVEY OF ENTRANCE AND USER FEES
Secretary of the Interior required by section 4 of Pub. L.
91-308, July 7, 1970, 84 Stat. 410 to complete a survey as to
policy to be implemented with regard to entrance and user fees and
to report his findings to Senate and House Committees on Interior
and Insular Affairs on or before Feb. l, 1971.
-End-
-CITE-
16 USC Sec. 460l-5 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXIX - OUTDOOR RECREATION PROGRAMS
Part B - Land and Water Conservation Fund
-HEAD-
Sec. 460l-5. Land and water conservation fund; establishment;
covering certain revenues and collections into fund
-STATUTE-
During the period ending September 30, 2015, there shall be
covered into the land and water conservation fund in the Treasury
of the United States, which fund is hereby established and is
hereinafter referred to as the "fund", the following revenues and
collections:
(a) Surplus property sales
All proceeds (except so much thereof as may be otherwise
obligated, credited, or paid under authority of those provisions of
law set forth in section 572(a) or 574(a)-(c) of title 40 or the
Independent Offices Appropriation Act, 1963 (76 Stat. 725) or in
any later appropriation Act) hereafter received from any disposal
of surplus real property and related personal property under the
Federal Property and Administrative Services Act of 1949, as
amended, notwithstanding any provision of law that such proceeds
shall be credited to miscellaneous receipts of the Treasury.
Nothing in this part shall affect existing laws or regulations
concerning disposal of real or personal surplus property to
schools, hospitals, and States and their political subdivisions.
(b) Motorboat fuels tax
The amounts provided for in section 460l-11 of this title.
(c) Other revenues
(1) In addition to the sum of the revenues and collections
estimated by the Secretary of the Interior to be covered into the
fund pursuant to this section, as amended, there are authorized to
be appropriated annually to the fund out of any money in the
Treasury not otherwise appropriated such amounts as are necessary
to make the income of the fund not less than $300,000,000 for
fiscal year 1977, and $900,000,000 for fiscal year 1978 and for
each fiscal year thereafter through September 30, 2015.
(2) To the extent that any such sums so appropriated are not
sufficient to make the total annual income of the fund equivalent
to the amounts provided in clause (1), an amount sufficient to
cover the remainder thereof shall be credited to the fund from
revenues due and payable to the United States for deposit in the
Treasury as miscellaneous receipts under the Outer Continental
Shelf Lands Act, as amended (43 U.S.C. 1331 et seq.): Provided,
That notwithstanding the provisions of section 460l-6 of this
title, moneys covered into the fund under this paragraph shall
remain in the fund until appropriated by the Congress to carry out
the purpose of this part.
-SOURCE-
(Pub. L. 88-578, title I, Sec. 2, Sept. 3, 1964, 78 Stat. 897; Pub.
L. 89-72, Sec. 11, July 9, 1965, 79 Stat. 218; Pub. L. 90-401,
Secs. 1(a), 2, July 15, 1968, 82 Stat. 354, 355; Pub. L. 91-308,
Sec. 2, July 7, 1970, 84 Stat. 410; Pub. L. 91-485, Sec. 1, Oct.
22, 1970, 84 Stat. 1084; Pub. L. 94-273, Sec. 2(7), Apr. 21, 1976,
90 Stat. 375; Pub. L. 94-422, title I, Sec. 101(1), Sept. 28, 1976,
90 Stat. 1313; Pub. L. 95-42, Sec. 1(1), June 10, 1977, 91 Stat.
210; Pub. L. 100-203, title V, Sec. 5201(f)(1), Dec. 22, 1987, 101
Stat. 1330-267.)
-REFTEXT-
REFERENCES IN TEXT
The provisions of the Independent Offices Appropriation Act,
referred to in subsec. (a), are the provisions of Pub. L. 87-741,
Oct. 3, 1962, 76 Stat. 716, appearing under the heading "Operating
Expenses, Utilization and Disposal Service" which were not
classified to the Code.
The Federal Property and Administrative Services Act of 1949, as
amended, referred to in subsec. (a), is act June 30, 1949, ch. 288,
63 Stat. 377, as amended. Except for title III of the Act, which is
classified generally to subchapter IV (Sec. 251 et seq.) of chapter
4 of Title 41, Public Contracts, the Act was repealed and reenacted
by Pub. L. 107-217, Secs. 1, 6(b), Aug. 21, 2002, 116 Stat. 1062,
1304, as chapters 1 to 11 of Title 40, Public Buildings, Property,
and Works.
The Outer Continental Shelf Lands Act, referred to in subsec.
(c)(2), is act Aug. 7, 1953, ch. 345, 67 Stat. 462, as amended,
which is classified generally to subchapter III (Sec. 1331 et seq.)
of chapter 29 of Title 43, Public Lands. For complete
classification of this Act to the Code, see Short Title note set
out under section 1331 of Title 43 and Tables.
-COD-
CODIFICATION
"Section 572(a) or 574(a)-(c) of title 40" substituted in subsec.
(a) for "section 485(b)(e), title 40, United States Code," on
authority of Pub. L. 107-217, Sec. 5(c), Aug. 21, 2002, 116 Stat.
1303, the first section of which enacted Title 40, Public
Buildings, Property, and Works.
-MISC1-
AMENDMENTS
1987 - Pub. L. 100-203 substituted "2015" for "1989" in
introductory provisions and in subsec. (c)(1).
1977 - Subsec. (c)(1). Pub. L. 95-42 substituted "and
$900,000,000 for fiscal year 1978" for "$600,000,000 for fiscal
year 1978, $750,000,000 for fiscal year 1979, and $900,000,000 for
fiscal year 1980".
1976 - Pub. L. 94-422 struck out ", and during such additional
period as may be required to repay any advances made pursuant to
section 460l-7(b) of this title" after "September 30, 1989" in
provisions preceding subsec. (a).
Pub. L. 94-273 substituted "September" for "June" wherever
appearing.
Subsec. (a). Pub. L. 94-422 reenacted subsec. (a) without change
except for reference to section 485(b)(e) which as originally
enacted read "section 485(b)-(e)".
Subsec. (b). Pub. L. 94-422 reenacted subsec. (b) without change.
Subsec. (c)(1). Pub. L. 94-422 substituted "$300,000,000 for
fiscal year 1977, $600,000,000 for fiscal year 1978, $750,000,000
for fiscal year 1979, and $900,000,000 for fiscal year 1980 and for
each fiscal year thereafter through September 30, 1989." for
"$200,000,000 for each of the fiscal years 1968, 1969, and 1970,
and not less than $300,000,000 for each fiscal year thereafter
through September 30, 1989.".
Subsec. (c)(2). Pub. L. 94-422 substituted "equivalent to the
amounts" for "amount to $200,000,000 or $300,000,000 for each of
such fiscal years, as".
1970 - Subsec. (a)(i). Pub. L. 91-308 purported to substitute
"not more than $10" for "not more than $7". See 1968 Amendment note
below.
Subsec. (c)(1). Pub. L. 91-485, Sec. 1(a), substituted "fiscal
years 1968, 1969, and 1970, and not less than $300,000,000 for each
fiscal year thereafter through June 30, 1989" for "five fiscal
years beginning July 1, 1968, and ending June 30, 1973".
Subsec. (c)(2). Pub. L. 91-485, Sec. 1(b), substituted
"$200,000,000 or $300,000,000 for each of such fiscal years, as
provided in cl. (1)," for "$200,000,000 for each of such fiscal
years,".
1968 - Subsec. (a). Pub. L. 90-401, Sec. 1(a), redesignated
subsec. (b) as (a). Former subsec. (a), except for the fourth
paragraph thereof, established a system of admission and user fees
for all Federal recreation areas and was eliminated. The fourth
paragraph covering the repeal of provisions prohibiting the
collection of recreation fees and user charges was redesignated as
section 10 of Pub. L. 88-587 and is set out as section 460l-10c.
Subsecs. (b), (c). Pub. L. 90-401, Secs. 1(a), 2, added subsec.
(c) and redesignated former subsecs. (b) and (c) as (a) and (b),
respectively.
1965 - Subsec. (a). Pub. L. 89-72 substituted "notwithstanding
any other provision of law:" for "notwithstanding any provision of
law that such proceeds shall be credited to miscellaneous receipts
of the Treasury:" and "or affect any contract heretofore entered
into by the United States that provides that such revenues
collected at particular Federal areas shall be credited to specific
purposes" for "of any provision of law that provides that any fees
or charges collected at particular Federal areas shall be used for
or credited to specific purposes or special funds as authorized by
that provision of law."
EFFECTIVE DATE OF 1968 AMENDMENT
Section 1(d) of Pub. L. 90-401, as amended by section 1 of Pub.
L. 91-308, provided that: "The provisions of subsections (a) and
(c) of this section [amending this section] shall be effective
December 31, 1971. Until that date revenues derived from the
subsection (a) that is repealed by this section shall continue to
be covered into the fund."
ELIMINATION OF SYSTEM OF ADMISSION AND USER FEES FOR FEDERAL
RECREATION AREAS
Pub. L. 90-401, Sec. 1(b), July 15, 1968, 82 Stat. 354, relating
to admission and user fees for Federal recreation areas and
facilities, was repealed by Pub. L. 92-347, Sec. 1, July 11, 1972,
86 Stat. 459.
-EXEC-
EX. ORD. NO. 11200. ESTABLISHMENT OF RECREATION USER FEES
Ex. Ord. No. 11200, Feb. 26, 1965, 30 F.R. 2645, provided:
WHEREAS it is desirable that all American people of present and
future generations be assured adequate outdoor recreation
resources, and it is desirable for all levels of government and
private interests to take prompt and coordinated action to the
extent practicable without diminishing or affecting their
respective powers and functions to conserve, develop, and utilize
such resources for the benefit and enjoyment of the American
people; and
WHEREAS these resources are to a considerable extent located on
lands administered by the Federal Government through the National
Park Service, the Bureau of Land Management, the Bureau of Sport
Fisheries and Wildlife, the Bureau of Reclamation, the Forest
Service, the Corps of Engineers, the Tennessee Valley Authority and
the United States Section of the International Boundary and Water
Commission (United States and Mexico); and
WHEREAS the Act of May 28, 1963, 77 Stat. 49 [sections 460l to
460l-3 of the title], vested the Secretary of the Interior with
legal authority to promote coordination of Federal plans and
activities generally relating to outdoor recreation; and
WHEREAS it is fair and equitable that the users of certain
recreation areas and facilities managed by such agencies pay a
reasonable fee for the recreation benefits received; and
WHEREAS it is desirable to establish uniformity of practices
among such Federal agencies regarding recreation user fees and
related matters; and
WHEREAS the Congress, recognizing the need for urgent and
effective action in this regard, enacted the Land and Water
Conservation Fund Act of 1965, Public Law 88-578; 78 Stat. 897
[sections 460l-4 to 460l-11 of this title] (hereafter in this order
referred to as "the Act");
NOW, THEREFORE, by virtue of the authority vested in me by the
Act, by Section 301 of title 3 of the United States Code, and as
President of the United States, it is ordered as follows:
Section 1. Designation of areas for 1965. (a) All areas
administered by the National Park Service, Bureau of Land
Management, Bureau of Sport Fisheries and Wildlife, Bureau of
Reclamation, Forest Service, Corps of Engineers, Tennessee Valley
Authority, and the United States Section of the International
Boundary and Water Commission (United States and Mexico), at which
entrance, admission, or other recreation user fees (hereafter in
this order referred to as "recreation user fees") were collected
directly by those Federal agencies during any part of 1964 are
hereby designated, pursuant to Section 2(a) of the Act [subsec. (a)
of this section], as areas at which recreation user fees shall be
charged during 1965.
(b) The Secretary of the Interior, the Secretary of Agriculture,
the Secretary of Defense, the Board of Directors of the Tennessee
Valley Authority, and the Commissioner, United States Section of
the International Boundary and Water Commission (United States and
Mexico), or their designees, shall, by April 1, 1965, designate any
additional areas under their respective jurisdictions at which
recreation user fees are to be charged during 1965.
(c) Recreation user fees for such areas shall be prescribed as
provided in Section 5 of this Order.
Sec. 2. Designation of areas for years after 1965. (a) Subject to
the provisions of subsection (b) of this section, the areas
designated by Section 1(a), or pursuant to Section 1(b), of this
Order are hereby designated as areas for which recreation user fees
shall be charged for years after 1965.
(b) The officials described in Section 1(b) of this Order shall,
before January 1, 1966, and at least annually thereafter, review
all areas then under their respective jurisdictions, including
those described in subsection (a) of this section, to determine (1)
whether any additional areas should, in accordance with the
designation criteria prescribed by Section 3 of this Order (or
under those designation criteria as revised by the Secretary of the
Interior pursuant to Section 6(c) of this Order), be designated as
areas for which recreation user fees shall be charged, or (2)
whether the recreation user fee for any area theretofore designated
should be increased, reduced, or eliminated under the designation
criteria then in effect.
(c)(1) Whenever, in accordance with subsection (b) of this
section, it is determined that the recreation user fee for an area
should be reduced or eliminated, such action shall be taken
forthwith.
(2) Whenever, in accordance with subsection (b) of this section,
it is determined that a recreation user fee should be charged with
respect to an area with respect to which no such fee has
theretofore been charged, such new fee shall be charged only after
the posting requirements of Section 4 of this Order have been
satisfied.
Sec. 3. Criteria for designation of areas. Areas shall, in
accordance with Section 1(b) and Section 2(b) of this Order and to
the extent permitted by the Act, be designated as areas at which
recreation user fees shall be charged if the following conditions
are found to exist concurrently:
(1) The area is administered by any of the eight agencies
specified in Section 1(a) of this Order;
(2) The area is administered primarily for scenic, scientific,
historical, cultural, or recreational purposes;
(3) The area has recreation facilities or services provided at
Federal expense; and
(4) The nature of the area is such that fee collection is
administratively and economically practical.
(b) Areas designated as those at which recreation user fees shall
be charged shall hereafter in this Order be referred to as
"designated areas."
Sec. 4. Posting of designated areas. The heads of administering
agencies and departments shall provide for the posting of signs at
all designated areas such as will clearly notify the visiting
public that recreation user fees are charged therein. All areas
designated pursuant to Sections 1 and 2 of this Order shall be so
posted prior to the beginning of the recreation season or as soon
as practicable following designation. No recreation user fee
established pursuant to this Order shall be effective with respect
to any designated area until that designated area has been posted.
Sec. 5. Establishment of fees. (a) Each official described in
Section 1(b) of this Order shall, subject to the criteria
prescribed by the Secretary of the Interior, establish a recreation
user fee for each designated area administered under his
jurisdiction by selecting from a schedule of fees, prescribed by
the Secretary of the Interior pursuant to Section 6 of this Order,
the fee which is appropriate for each such designated area under
criteria prescribed by the Secretary pursuant to that section. Each
such official shall also specify which designated areas shall be
excluded from the coverage of the annual fee described in Section
2(a)(1) of the Act [subsec. (a)(i) of this section] and which, as a
result of that exclusion will be subject to the fee described in
Section 2(a)(iii) of the Act [subsec. (a)(iii) of this section].
The range of recreation user fees to be charged and the criteria
for their selection shall be established under the procedures
prescribed by Section 6 of this Order.
(b) The Secretary of the Interior shall prescribe the procedures
for the production, distribution, and sale of the Land and Water
Conservation Fund Sticker, which shall be issued to those
individuals who elect to pay the annual fees. The Secretary of the
Interior shall also prescribe the manner in which the Sticker shall
be displayed. The conditions under which it may be used shall be
determinated under the procedures prescribed by Section 6 of this
Order.
Sec. 6. Coordination. (a) The Secretary of the Interior shall
after consultation with the heads of other affected departments and
agencies, adopt such coordination measures as are necessary to
carry out the purposes of Sections 2(a) and 4(a) of the Act
[subsec. (a) of this section and section 460l-7(a) of this title]
and the provisions of this order.
(b)(1) In order that the purposes of the Act and of this Order
may be effectuated without delay, the Secretary of the Interior
shall, subject to the limitations imposed by the Act and without
regard to the other provisions of this section, forthwith issue a
schedule of recreation user fees and criteria to be used in
determining which such fees shall be charged with respect to each
of the designated areas.
(2) Subject to the limitations imposed by the Act and subject to
the provisions of subsections (a), (c), and (d) of this section,
the Secretary of the Interior may, from time to time, amend or
replace the schedule of fees and the criteria prescribed by him
pursuant to subsection (b)(1) of this section.
(c) Subject to the limits set forth in the Act, the measures
which the Secretary of the Interior may adopt pursuant to
subsection (a) of this section may include, but are not limited to,
the following -
(1) Initial preparation and coordination of the comprehensive
statement of estimated requirements during the ensuing fiscal year
for appropriations from the Land and Water Conservation Fund, as
required by Section 4(a) of the act [section 460l-7(a) of this
title].
(2) Development of such additional procedures and interpretive
materials as are necessary to facilitate the implementation of this
Order and related provisions of the Act.
(3) Review and revision, if needed, of the criteria for
designation set forth in Section 3 of this Order.
(d) Except with respect to the schedule of fees and the criteria
prescribed by the Secretary pursuant to subsection (b)(1) of this
section, measures and regulations adopted by the Secretary pursuant
to this Order shall not become effective until 30 days after they
are presented for the consideration of the other officials
described in Section 1(b). Any such official who does not concur in
any such measure or regulation may, within that 30-day period,
refer the matter to the Recreation Advisory Council established
under Executive Order No. 11017 [superseded by Ex. Ord. No. 11278,
which in turn was revoked by Ex. Ord. No. 11472 which is set out as
a note under section 4321 of Title 42] for resolution. If a
proposed measure is referred to the Council for resolution, it
shall not become effective until approved by the Council. With the
approval of all other officials described in Section 1(b) of this
Order, the provisions of this subsection may be waived with respect
to any specific measure or regulation adopted by the Secretary of
the Interior pursuant to this order so that any such measure or
regulation may be made effective before the expiration of the
30-day waiting period prescribed by the first sentence of this
subsection.
Sec. 7. Review of contracts. The officials described in Section
1(b) of this Order shall, within a reasonable time, review all
existing contracts and other arrangements between their respective
agencies and any non-Federal public entity which relate to
non-Federal management of Federally-owned outdoor recreation areas.
Special attention shall be given to any provision in any such
contract or other arrangement which prohibits or discourages in any
way such non-Federal public entity from charging recreation user
fees. Unless otherwise prohibited by law, each such restrictive
provision shall be the subject of renegotiation designed to
accomplish a modification thereof that will permit the charging of
recreation user fees.
Sec. 8. Regulations. The Secretary of the Interior is authorized
to issue such regulations as may be necessary to carry out his
functions under this Order.
Lyndon B. Johnson.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 460l-7, 460l-10,
460nnn-122, 1248, 2508 of this title.
-End-
-CITE-
16 USC Sec. 460l-5a 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXIX - OUTDOOR RECREATION PROGRAMS
Part B - Land and Water Conservation Fund
-HEAD-
Sec. 460l-5a. Repealed. Pub. L. 100-203, title V, Sec. 5201(d)(1),
Dec. 22, 1987, 101 Stat. 1330-266
-MISC1-
Section, Pub. L. 96-514, title I, Sec. 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, Sec. 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, Sec. 5201(d)(3), Dec. 22, 1987, 101 Stat.
1330-267.
-End-
-CITE-
16 USC Sec. 460l-6 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXIX - OUTDOOR RECREATION PROGRAMS
Part B - Land and Water Conservation Fund
-HEAD-
Sec. 460l-6. Appropriations for expenditure of land and water
conservation fund moneys; transfers to miscellaneous receipts of
Treasury
-STATUTE-
Moneys covered into the fund shall be available for expenditure
for the purposes of this part only when appropriated therefor. Such
appropriations may be made without fiscal-year limitation. Moneys
made available for obligation or expenditure from the fund or from
the special account established under section 460l-6a(i)(1) of this
title may be obligated or expended only as provided in this part.
-SOURCE-
(Pub. L. 88-578. title I, Sec. 3, Sept. 3, 1964, 78 Stat. 899; Pub.
L. 100-203, title V, Sec. 5201(f)(2), Dec. 22, 1987, 101 Stat.
1330-267.)
-MISC1-
AMENDMENTS
1987 - Pub. L. 100-203 amended last sentence generally. Prior to
amendment, last sentence read as follows: "Moneys covered into this
fund not subsequently authorized by the Congress for expenditures
within two fiscal years following the fiscal year in which such
moneys had been credited to the fund, shall be transferred to
miscellaneous receipts of the Treasury."
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 460l-5, 460l-10a,
460l-10b of this title; title 43 section 2305.
-End-
-CITE-
16 USC Sec. 460l-6a 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXIX - OUTDOOR RECREATION PROGRAMS
Part B - Land and Water Conservation Fund
-HEAD-
Sec. 460l-6a. Admission and special recreation use fees
-STATUTE-
(a) Admission fees at designated areas; "Golden Eagle Passport"
annual admission permit; single-visit fees; fee-free travel
areas; "Golden Age Passport" annual entrance permit; lifetime
admission permit
Entrance or admission fees shall be charged only at designated
units of the National Park System or National Conservation Areas
administered by the Department of the Interior and National
Recreation Areas, National Monuments, National Volcanic Monuments,
National Scenic Areas, and no more than 21 areas of concentrated
public use administered by the Department of Agriculture. For
purposes of this subsection, the term "area of concentrated public
use" means an area that is managed primarily for outdoor recreation
purposes, contains at least one major recreation attraction, where
facilities and services necessary to accommodate heavy public use
are provided, and public access to the area is provided in such a
manner that admission fees can be efficiently collected at one or
more centralized locations. No admission fees of any kind shall be
charged or imposed for entrance into any other federally owned
areas which are operated and maintained by a Federal agency and
used for outdoor recreation purposes.
(1)(A)(i) For admission into any such designated area, an annual
admission permit (to be known as the Golden Eagle Passport) shall
be available, for a fee of not more than $25. The permittee and any
person accompanying him in a single, private, noncommercial
vehicle, or alternatively, the permittee and his spouse, children,
and parents accompanying him where entry to the area is by any
means other than private, noncommercial vehicle, shall be entitled
to general admission into any area designated pursuant to this
subsection. The annual permit shall be valid for a period of 12
months from the date the annual fee is paid. The annual permit
shall not authorize any uses for which additional fees are charged
pursuant to subsections (b) and (c) of this section. The annual
permit shall be nontransferable and the unlawful use thereof shall
be punishable in accordance with regulations established pursuant
to subsection (e) of this section. The annual permit shall be
available for purchase at any such designated area.
(ii) The Secretary of the Interior and the Secretary of
Agriculture may authorize businesses, nonprofit entities, and other
organizations to sell and collect fees for the Golden Eagle
Passport subject to such terms and conditions as the Secretaries
may jointly prescribe. The Secretaries shall develop detailed
guidelines for promotional advertising of non-Federal Golden Eagle
Passport sales and shall monitor compliance with such guidelines.
The Secretaries may authorize the sellers to withhold amounts up
to, but not exceeding 8 percent of the gross fees collected from
the sale of such passports as reimbursement for actual expenses of
the sales. Receipts from such non-Federal sales of the Golden Eagle
Passport shall be deposited into the special account established in
subsection (i) of this section, to be allocated between the
Secretary of the Interior and the Secretary of Agriculture in the
same ratio as receipts from admission into Federal fee areas
administered by the Secretary of Agriculture and the Secretary of
the Interior pursuant to subsection (a) of this section.
(B) For admission into a specific designated unit of the National
Park System, or into several specific units located in a particular
geographic area, the Secretary is authorized to make available an
annual admission permit for a reasonable fee. The fee shall not
exceed $15 regardless of how many units of the park system are
covered. The permit shall convey the privileges of, and shall be
subject to the same terms and conditions as, the Golden Eagle
Passport, except that it shall be valid only for admission into the
specific unit or units of the National Park System indicated at the
time of purchase.
(2) Reasonable admission fees for a single visit at any
designated area shall be established by the administering Secretary
for persons who choose not to purchase the annual permit. A "single
visit" means a more or less continuous stay within a designated
area. Payment of a single visit admission fee shall authorize exits
from and reentries to a single designated area for a period of from
one to fifteen days, such period to be defined for each designated
area by the administering Secretary based upon a determination of
the period of time reasonably and ordinarily necessary for such a
single visit. The fee for a single-visit permit at any designated
area applicable to those persons entering by private, noncommercial
vehicle shall be no more than $5 per vehicle. The single-visit
permit shall admit the permittee and all persons accompanying him
in a single vehicle. The fee for a single-visit permit at any
designated area applicable to those persons entering by any means
other than a private noncommercial vehicle shall be no more than $3
per person. Except as otherwise provided in this subsection, the
maximum fee amounts set forth in this paragraph shall apply to all
designated areas.
(3) No admission fee shall be charged for travel by private,
non-commercial vehicle over any national parkway or any road or
highway established as a part of the National Federal Aid System,
as defined in section 101 of title 23, which is commonly used by
the public as a means of travel between two places either or both
of which are outside the area. Nor shall any fee be charged for
travel by private, noncommercial vehicle over any road or highway
to any land in which such person has any property right if such
land is within any such designated area. In the Smoky Mountains
National Park, unless fees are charged for entrance into said park
on main highways and thoroughfares, fees shall not be charged for
entrance on other routes into said park or any part thereof.
Notwithstanding any other provision of this part, no admission fee
may be charged at any unit of the National Park System which
provides significant outdoor recreation opportunities in an urban
environment and to which access is publicly available at multiple
locations.
(4) The Secretary of the Interior and the Secretary of
Agriculture shall establish procedures providing for the issuance
of a lifetime admission permit (to be known as the "Golden Age
Passport") to any citizen of, or person domiciled in, the United
States sixty-two years of age or older applying for such permit.
Such permit shall be nontransferable, shall be issued for a
one-time charge of $10, and shall entitle the permittee and any
person accompanying him in a single, private, noncommercial
vehicle, or alternatively, the permittee and his spouse and
children accompanying him where entry to the area is by any means
other than private, noncommercial vehicle, to general admission
into any area designated pursuant to this subsection. No other free
permits shall be issued to any person: Provided, That no fees of
any kind shall be collected from any persons who have a right of
access for hunting or fishing privileges under a specific provision
of law or treaty or who are engaged in the conduct of official
Federal, State, or local Government business and Provided further,
That for no more than three years after the date of enactment of
this Act, visitors to the United States will be granted entrance,
without charge, to any designated admission fee area upon
presentation of a valid passport.
(5) The Secretary of the Interior and the Secretary of
Agriculture shall establish procedures providing for the issuance
of a lifetime admission permit to any citizen of, or person
domiciled in, the United States, if such citizen or person applies
for such permit, and is blind or permanently disabled. Such
procedures shall assure that such permit shall be issued only to
persons who have been medically determined to be blind or
permanently disabled for purposes of receiving benefits under
Federal law as a result of said blindness or permanent disability
as determined by the Secretaries. Such permit shall be
nontransferable, shall be issued without charge, and shall entitle
the permittee and any person accompanying him in a single, private,
noncommercial vehicle, or alternatively, the permittee and his
spouse and children accompanying him where entry to the area is by
any means other than private, noncommercial vehicle, to general
admission into any area designated pursuant to this subsection.
(6)(A) No later than 60 days after December 22, 1987, the
Secretary of the Interior shall submit to the Committee on Interior
and Insular Affairs of the United States House of Representatives (continued)