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(continued)
500] and the Act of March 1, 1911 (16 U.S.C. 500) [see Short Title
note under section 552 of this title], the Act of March 4, 1913 (16
U.S.C. 501) [see References in Text notes under section 156 of
Title 21, Food and Drugs], the Act of July 22, 1937 (7 U.S.C. 1012)
[see section 1000 of Title 7, Agriculture], the Act of August 8
[28], 1937 [43 U.S.C. 1181a et seq.] and the Act of May 24, 1939
(43 U.S.C. 1181f et seq.) [43 U.S.C. 1181f-1 et seq.], the Act of
June 14, 1926 (43 U.S.C. 869-4) [43 U.S.C. 869 et seq.], chapter 69
of title 31, United States Code, section 401 of the Act of June 15,
1935 (16 U.S.C. 715s), the Land and Water Conservation Fund Act of
1965 (16 U.S.C. 460l) [16 U.S.C. 460l-4 et seq.], the Secure Rural
Schools and Community Self-Determination Act of 2000 (Public Law
106-393; 16 U.S.C. 500 note), and any other provision of law
relating to revenue allocation.
"(2) Fees charged pursuant to this section shall be in lieu of
fees charged under any other provision of law.
"(e) The Secretary of the Interior and the Secretary of
Agriculture shall carry out this section without promulgating
regulations.
"(f) The authority to collect fees under this section shall end
on December 31, 2005. Funds in accounts established shall remain
available through September 30, 2008."

STUDY TO ASSESS TRAFFIC CONGESTION AND OVERCROWDING AT CERTAIN PARK
SYSTEM UNITS
Section 5201(e) of Pub. L. 100-203 directed Secretary of the
Interior to assess extent to which traffic congestion and
overcrowding occurs at certain park system units during times of
seasonally high usage and to conduct a study of (A) feasibility of
reducing vehicular traffic within national park system units
through fee reductions for visitors traveling by bus and through
other means which could shift visitation from automobiles to buses,
and (B) feasibility of encouraging more even seasonal distribution
of visitation, with study to include a pilot project to be carried
out in Yosemite National Park, and a report containing results of
study to be transmitted to Committee on Interior and Insular
Affairs of House of Representatives and to Committee on Energy and
Natural Resources of Senate within 3 years after Dec. 22, 1987.

PROHIBITION ON ENTRANCE FEE AT STATUE OF LIBERTY NATIONAL MONUMENT
Pub. L. 100-55, June 19, 1987, 101 Stat. 371, provided: "That,
notwithstanding any other provision of law, after the date of
enactment of this Act [June 19, 1987], the Secretary of the
Interior shall not charge any entrance or admission fee at the
Statue of Liberty National Monument, New Jersey and New York."

ESTABLISHMENT AND COLLECTION OF USE OR ROYALTY FEES FOR
MANUFACTURE, REPRODUCTION, OR USE OF "GOLDEN EAGLE INSIGNIA"
Section 3(a) of Pub. L. 92-347 provided that: "The Secretary of
the Interior may establish and collect use or royalty fees for the
manufacture, reproduction, or use of 'The Golden Eagle Insignia',
originated by the Department of the Interior and announced in the
December 3, 1970, issue of the Federal Register (35 Federal
Register 18376) as the official symbol for Federal recreation areas
designated for recreation fee collection. Any fees collected
pursuant to this subsection shall be covered into the Land and
Water Conservation Fund."

TERMINATION OF RIGHTS IN "GOLDEN EAGLE INSIGNIA"
Section 3(d) of Pub. L. 92-347 provided that: "The rights in 'The
Golden Eagle Insignia' under this Act [which enacted this section
and section 715 of title 18, enacted notes set out hereunder, and
repealed note set out under section 460l-5 of this title], shall
terminate if the use by the Secretary of the Interior of 'The
Golden Eagle Insignia' is abandoned. Nonuse for a continuous period
of two years shall constitute abandonment."

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 450bb-2, 460d-3, 460l-6,
698u-3, 3911, 5994, 5995 of this title.

-FOOTNOTE-
(!1) So in original. Probably should be "National Park System:".

(!2) See References in Text note below.


-End-



-CITE-
16 USC Sec. 460l-6b 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-6b. Repealed. Pub. L. 100-203, title V, Sec. 5201(d)(2),
Dec. 22, 1987, 101 Stat. 1330-267

-MISC1-
Section, Pub. L. 96-87, title IV, Sec. 402, Oct. 12, 1979, 93
Stat. 666; Pub. L. 96-487, title II, Sec. 202(3)(a), Dec. 2, 1980,
94 Stat. 2382, prohibited entrance or admission fees in excess of
amounts in effect Jan. 1, 1979, at any unit of National Park System
and user fees for transportation services and facilities in Denali
National Park, Alaska.

-End-



-CITE-
16 USC Sec. 460l-6c 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-6c. Admission, entrance, and recreation fees

-STATUTE-
(a) Definitions
As used in this section:
(1) Area of concentrated public use
The term "area of concentrated public use" means an area
administered by the Secretary that meets each of the following
criteria:
(A) The area is managed primarily for outdoor recreation
purposes.
(B) Facilities and services necessary to accommodate heavy
public use are provided in the area.
(C) The area contains at least 1 major recreation attraction.
(D) Public access to the area is provided in such a manner
that admission fees can be efficiently collected at 1 or more
centralized locations.
(2) Boat launching facility
The term "boat launching facility" includes any boat launching
facility, regardless of whether specialized facilities or
services, such as mechanical or hydraulic boat lifts or
facilities, are provided.
(3) Campground
The term "campground" means any campground where a majority of
the following amenities are provided, as determined by the
Secretary:
(A) Tent or trailer spaces.
(B) Drinking water.
(C) An access road.
(D) Refuse containers.
(E) Toilet facilities.
(F) The personal collection of recreation use fees by an
employee or agent of the Secretary.
(G) Reasonable visitor protection.
(H) If campfires are permitted in the campground, simple
devices for containing the fires.
(4) Secretary
The term "Secretary" means the Secretary of Agriculture.
(b) Authority to impose fees
The Secretary may charge -
(1) admission or entrance fees at national monuments, national
volcanic monuments, national scenic areas, and areas of
concentrated public use administered by the Secretary; and
(2) recreation use fees at lands administered by the Secretary
in connection with the use of specialized outdoor recreation
sites, equipment, services, and facilities, including visitors'
centers, picnic tables, boat launching facilities, and
campgrounds.
(c) Amount of fees
The amount of the admission, entrance, and recreation fees
authorized to be imposed under this section shall be determined by
the Secretary.

-SOURCE-
(Pub. L. 103-66, title I, Sec. 1401, Aug. 10, 1993, 107 Stat. 331.)

-COD-
CODIFICATION
Section was enacted as part of the Agricultural Reconciliation
Act of 1993 and as part of the Omnibus Budget Reconciliation Act of
1993, and not as part of the Land and Water Conservation Fund Act
of 1965 which comprises this part.

-End-



-CITE-
16 USC Sec. 460l-6d 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-6d. Commercial filming

-STATUTE-
(a) Commercial filming fee
The Secretary of the Interior and the Secretary of Agriculture
(hereafter individually referred to as the "Secretary" with respect
to lands under their respective jurisdiction) shall require a
permit and shall establish a reasonable fee for commercial filming
activities or similar projects on Federal lands administered by the
Secretary. Such fee shall provide a fair return to the United
States and shall be based upon the following criteria:
(1) The number of days the filming activity or similar project
takes place on Federal land under the Secretary's jurisdiction.
(2) The size of the film crew present on Federal land under the
Secretary's jurisdiction.
(3) The amount and type of equipment present.

The Secretary may include other factors in determining an
appropriate fee as the Secretary deems necessary.
(b) Recovery of costs
The Secretary shall also collect any costs incurred as a result
of filming activities or similar project, including but not limited
to administrative and personnel costs. All costs recovered shall be
in addition to the fee assessed in subsection (a) of this section.
(c) Still photography
(1) Except as provided in paragraph (2), the Secretary shall not
require a permit nor assess a fee for still photography on lands
administered by the Secretary if such photography takes place where
members of the public are generally allowed. The Secretary may
require a permit, fee, or both, if such photography takes place at
other locations where members of the public are generally not
allowed, or where additional administrative costs are likely.
(2) The Secretary shall require and shall establish a reasonable
fee for still photography that uses models or props which are not a
part of the site's natural or cultural resources or administrative
facilities.
(d) Protection of resources
The Secretary shall not permit any filming, still photography or
other related activity if the Secretary determines -
(1) there is a likelihood of resource damage;
(2) there would be an unreasonable disruption of the public's
use and enjoyment of the site; or
(3) that the activity poses health or safety risks to the
public.
(e) Use of proceeds
(1) All fees collected under this section shall be available for
expenditure by the Secretary, without further appropriation, in
accordance with the formula and purposes established for the
Recreational Fee Demonstration Program (Public Law 104-134). All
fees collected shall remain available until expended.
(2) All costs recovered under this section shall be available for
expenditure by the Secretary, without further appropriation, at the
site where collected. All costs recovered shall remain available
until expended.
(f) Processing of permit applications
The Secretary shall establish a process to ensure that permit
applicants for commercial filming, still photography, or other
activity are responded to in a timely manner.

-SOURCE-
(Pub. L. 106-206, Sec. 1, May 26, 2000, 114 Stat. 314.)

-REFTEXT-
REFERENCES IN TEXT
Public Law 104-134, referred to in subsec. (e)(1), is Pub. L.
104-134, Apr. 26, 1996, 110 Stat. 1321, known as the Omnibus
Consolidated Rescissions and Appropriations Act of 1996. The
Recreational Fee Demonstration Program was authorized by Pub. L.
104-134, title I, Sec. 101(c) [title III, Sec. 315], Apr. 26, 1996,
110 Stat. 1321-156, 1321-200, as amended, which is set out as a
note under section 460l-6a of this title. For complete
classification of Pub. L. 104-134 to the Code, see Tables.

-COD-
CODIFICATION
Section was not enacted as part of the Land and Water
Conservation Fund Act of 1965 which comprises this part.

-End-



-CITE-
16 USC Sec. 460l-7 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-7. Allocation of land and water conservation fund for
State and Federal purposes

-STATUTE-
There shall be submitted with the annual budget of the United
States a comprehensive statement of estimated requirements during
the ensuing fiscal year for appropriations from the fund. Not less
than 40 per centum of such appropriations shall be available for
Federal purposes. Those appropriations from the fund up to and
including $600,000,000 in fiscal year 1978 and up to and including
$750,000,000 in fiscal year 1979 shall continue to be allocated in
accordance with this section. There shall be credited to a special
account within the fund $300,000,000 in fiscal year 1978 and
$150,000,000 in fiscal year 1979 from the amounts authorized by
section 460l-5 of this title. Amounts credited to this account
shall remain in the account until appropriated. Appropriations from
the special account shall be available only with respect to areas
existing and authorizations enacted prior to the convening of the
Ninety-fifth Congress, for acquisition of lands, waters, or
interests in lands or waters within the exterior boundaries, as
aforesaid, of -
(1) the national park system;
(2) national scenic trails;
(3) the national wilderness preservation system;
(4) federally administered components of the National Wild and
Scenic Rivers System; and
(5) national recreation areas administered by the Secretary of
Agriculture.

-SOURCE-
(Pub. L. 88-578, title I, Sec. 5, formerly Sec. 4, Sept. 3, 1964,
78 Stat. 900; Pub. L. 90-401, Sec. 3, July 15, 1968, 82 Stat. 355;
renumbered Sec. 5, Pub. L. 92-347, Sec. 2, July 11, 1972, 86 Stat.
459; amended Pub. L. 94-273, Sec. 3(4), Apr. 21, 1976, 90 Stat.
376; Pub. L. 94-422, title I, Sec. 101(2), Sept. 28, 1976, 90 Stat.
1314; Pub. L. 95-42, Sec. 1(2), June 10, 1977, 91 Stat. 210.)

-REFTEXT-
REFERENCES IN TEXT
The convening of the Ninety-fifth Congress, referred to in text,
took place on Jan. 4, 1977.


-MISC1-
PRIOR PROVISIONS
A prior section 5 of Pub. L. 88-578 was renumbered section 6 and
is classified to section 460l-8 of this title.

AMENDMENTS
1977 - Pub. L. 95-42 inserted last four sentences providing that
appropriations from the fund up to and including $600,000,000 in
fiscal year 1978 and up to and including $750,000,000 in fiscal
year 1979 continue to be allocated in accordance with this section,
that there be credited to a special account within the fund
$300,000,000 in fiscal year 1978 and $150,000,000 in fiscal year
1979 from the amounts authorized by section 460l-5 of this title,
that amounts credited to this account remain in the account until
appropriated, and that appropriations from the special account be
available only with respect to areas existing and authorizations
enacted prior to the convening of the Ninety-fifth Congress, for
acquisition of lands, waters, or interests in lands or waters
within the exterior boundaries of the national park system,
national scenic trails, the national wilderness preservation
system, federally administered components of the National Wild and
Scenic Rivers System, and national recreation areas administered by
the Secretary of Agriculture.
1976 - Pub. L. 94-422 revised subsec. (a), striking out
designation "(a)" and striking out provisions relating to the
authority of the President to vary percentages of the fund to be
made available to the States and Federal government, and struck out
subsec. (b) relating to advance appropriations to be allocated for
State and Federal purposes and the schedule and procedure for
repayment of such appropriations.
Subsec. (b). Pub. L. 94-273 substituted "October" for "July"
wherever appearing.
1968 - Subsec. (b). Pub. L. 90-401 substituted "until the end of
fiscal year 1969" for "for a total of eight years" in provision
spelling out the term during which the advance appropriations are
authorized from moneys in the Treasury not otherwise appropriated
in amounts averaging not more than $60,000,000 for each fiscal
year.

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 79c, 398f, 1249 of this
title.

-End-



-CITE-
16 USC Sec. 460l-8 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-8. Financial assistance to States

-STATUTE-
(a) Authority of Secretary of the Interior; payments to carry out
purposes of land and water conservation provisions
The Secretary of the Interior (hereinafter referred to as the
"Secretary") is authorized to provide financial assistance to the
States from moneys available for State purposes. Payments may be
made to the States by the Secretary as hereafter provided, subject
to such terms and conditions as he considers appropriate and in the
public interest to carry out the purposes of this part, for outdoor
recreation: (1) planning, (2) acquisition of land, waters, or
interests in land or waters, or (3) development.
(b) Apportionment among States; finality of administrative
determination; formula; notification; reapportionment of
unobligated amounts; definition of State
Sums appropriated and available for State purposes for each
fiscal year shall be apportioned among the several States by the
Secretary, whose determination shall be final, in accordance with
the following formula:
(1) Forty per centum of the first $225,000,000; thirty per
centum of the next $275,000,000; and twenty per centum of all
additional appropriations shall be apportioned equally among the
several States; and
(2) At any time, the remaining appropriation shall be
apportioned on the basis of need to individual States by the
Secretary in such amounts as in his judgment will best accomplish
the purposes of this part. The determination of need shall
include among other things a consideration of the proportion
which the population of each State bears to the total population
of the United States and of the use of outdoor recreation
resources of individual States by persons from outside the State
as well as a consideration of the Federal resources and programs
in the particular States.
(3) The total allocation to an individual State under
paragraphs (1) and (2) of this subsection shall not exceed 10 per
centum of the total amount allocated to the several States in any
one year.
(4) The Secretary shall notify each State of its
apportionments; and the amounts thereof shall be available
thereafter for payment to such State for planning, acquisition,
or development projects as hereafter prescribed. Any amount of
any apportionment that has not been paid or obligated by the
Secretary during the fiscal year in which such notification is
given and for two fiscal years thereafter shall be reapportioned
by the Secretary in accordance with paragraph (2) of this
subsection, without regard to the 10 per centum limitation to an
individual State specified in this subsection.
(5) For the purposes of paragraph (1) of this subsection, the
District of Columbia, Puerto Rico, the Virgin Islands, Guam,
American Samoa, and the Commonwealth of the Northern Mariana
Islands (when such islands achieve Commonwealth status) shall be
treated collectively as one State, and shall receive shares of
such apportionment in proportion to their populations. The above
listed areas shall be treated as States for all other purposes of
this title.
(c) Matching requirements
Payments to any State shall cover not more than 50 per centum of
the cost of planning, acquisition, or development projects that are
undertaken by the State. The remaining share of the cost shall be
borne by the State in a manner and with such funds or services as
shall be satisfactory to the Secretary. No payment may be made to
any State for or on account of any cost or obligation incurred or
any service rendered prior to September 3, 1964.
(d) Comprehensive State plan; necessity; adequacy; contents;
correlation with other plans; factors for formulation of Housing
and Home Finance Agency financed plans; planning projects;
wetlands consideration; wetlands priority plan
A comprehensive statewide outdoor recreation plan shall be
required prior to the consideration by the Secretary of financial
assistance for acquisition or development projects. The plan shall
be adequate if, in the judgment of the Secretary, it encompasses
and will promote the purposes of this part: Provided, That no plan
shall be approved unless the Governor of the respective State
certifies that ample opportunity for public participation in plan
development and revision has been accorded. The Secretary shall
develop, in consultation with others, criteria for public
participation, which criteria shall constitute the basis for the
certification by the Governor. The plan shall contain -
(1) the name of the State agency that will have authority to
represent and act for the State in dealing with the Secretary for
purposes of this part;
(2) an evaluation of the demand for and supply of outdoor
recreation resources and facilities in the State;
(3) a program for the implementation of the plan; and
(4) other necessary information, as may be determined by the
Secretary.

The plan shall take into account relevant Federal resources and
programs and shall be correlated so far as practicable with other
State, regional, and local plans. Where there exists or is in
preparation for any particular State a comprehensive plan financed
in part with funds supplied by the Housing and Home Finance Agency,
any statewide outdoor recreation plan prepared for purposes of this
part shall be based upon the same population, growth, and other
pertinent factors as are used in formulating the Housing and Home
Finance Agency financed plans.
The Secretary may provide financial assistance to any State for
projects for the preparation of a comprehensive statewide outdoor
recreation plan when such plan is not otherwise available or for
the maintenance of such plan.
For fiscal year 1988 and thereafter each comprehensive statewide
outdoor recreation plan shall specifically address wetlands within
that State as an important outdoor recreation resource as a
prerequisite to approval, except that a revised comprehensive
statewide outdoor recreation plan shall not be required by the
Secretary, if a State submits, and the Secretary, acting through
the Director of the National Park Service, approves, as a part of
and as an addendum to the existing comprehensive statewide outdoor
recreation plan, a wetlands priority plan developed in consultation
with the State agency with responsibility for fish and wildlife
resources and consistent with the national wetlands priority
conservation plan developed under section 3921 of this title or, if
such national plan has not been completed, consistent with the
provisions of that section (!1)

(e) Projects for land and water acquisition; development
In addition to assistance for planning projects, the Secretary
may provide financial assistance to any State for the following
types of projects or combinations thereof if they are in accordance
with the State comprehensive plan:
(1) For the acquisition of land, waters, or interests in land
or waters, or wetland areas and interests therein as identified
in the wetlands provisions of the comprehensive plan (other than
land, waters, or interests in land or waters acquired from the
United States for less than fair market value), but not including
incidental costs relating to acquisition.
Whenever a State provides that the owner of a single-family
residence may, at his option, elect to retain a right of use and
occupancy for not less than six months from the date of
acquisition of such residence and such owner elects to retain
such a right, such owner shall be deemed to have waived any
benefits under sections 4623, 4624, 4625, and 4626 of title 42
and for the purposes of those sections such owner shall not be
considered a displaced person as defined in section 4601(6) of
title 42.
(2) For development of basic outdoor recreation facilities to
serve the general public, including the development of Federal
lands under lease to States for terms of twenty-five years or
more: Provided, That no assistance shall be available under this
part to enclose or shelter facilities normally used for outdoor
recreation activities, but the Secretary may permit local
funding, and after September 28, 1976, not to exceed 10 per
centum of the total amount allocated to a State in any one year
to be used for sheltered facilities for swimming pools and ice
skating rinks in areas where the Secretary determines that the
severity of climatic conditions and the increased public use
thereby made possible justifies the construction of such
facilities.
(f) Requirements for project approval; conditions; progress
payments; payments to Governors or State officials or agencies;
State transfer of funds to public agencies; conversion of
property to other uses; reports to Secretary; accounting;
records; audit; discrimination prohibited
(1) Payments may be made to States by the Secretary only for
those planning, acquisition, or development projects that are
approved by him. No payment may be made by the Secretary for or on
account of any project with respect to which financial assistance
has been given or promised under any other Federal program or
activity, and no financial assistance may be given under any other
Federal program or activity for or on account of any project with
respect to which such assistance has been given or promised under
this part. The Secretary may make payments from time to time in
keeping with the rate of progress toward the satisfactory
completion of individual projects: Provided, That the approval of
all projects and all payments, or any commitments relating thereto,
shall be withheld until the Secretary receives appropriate written
assurance from the State that the State has the ability and
intention to finance its share of the cost of the particular
project, and to operate and maintain by acceptable standards, at
State expense, the particular properties or facilities acquired or
developed for public outdoor recreation use.
(2) Payments for all projects shall be made by the Secretary to
the Governor of the State or to a State official or agency
designated by the Governor or by State law having authority and
responsibility to accept and to administer funds paid hereunder for
approved projects. If consistent with an approved project, funds
may be transferred by the State to a political subdivision or other
appropriate public agency.
(3) No property acquired or developed with assistance under this
section shall, without the approval of the Secretary, be converted
to other than public outdoor recreation uses. The Secretary shall
approve such conversion only if he finds it to be in accord with
the then existing comprehensive statewide outdoor recreation plan
and only upon such conditions as he deems necessary to assure the
substitution of other recreation properties of at least equal fair
market value and of reasonably equivalent usefulness and location.:
(!2) Provided, That wetland areas and interests therein as
identified in the wetlands provisions of the comprehensive plan and
proposed to be acquired as suitable replacement property within
that same State that is otherwise acceptable to the Secretary,
acting through the Director of the National Park Service, shall be
considered to be of reasonably equivalent usefulness with the
property proposed for conversion.

(4) No payment shall be made to any State until the State has
agreed to (1) provide such reports to the Secretary, in such form
and containing such information, as may be reasonably necessary to
enable the Secretary to perform his duties under this part, and (2)
provide such fiscal control and fund accounting procedures as may
be necessary to assure proper disbursement and accounting for
Federal funds paid to the State under this part.
(5) Each recipient of assistance under this part shall keep such
records as the Secretary shall prescribe, including records which
fully disclose the amount and the disposition by such recipient of
the proceeds of such assistance, the total cost of the project or
undertaking in connection with which such assistance is given or
used, and the amount and nature of that portion of the cost of the
project or undertaking supplied by other sources, and such other
records as will facilitate an effective audit.
(6) The Secretary, and the Comptroller General of the United
States, or any of their duly authorized representatives, shall have
access for the purpose of audit and examination to any books,
documents, papers, and records of the recipient that are pertinent
to assistance received under this part.
(7) Repealed. Pub. L. 104-333, div. I, title VIII, Sec.
814(d)(1)(H), Nov. 12, 1996, 110 Stat. 4196.
(8) With respect to property acquired or developed with
assistance from the fund, discrimination on the basis of residence,
including preferential reservation or membership systems, is
prohibited except to the extent that reasonable differences in
admission and other fees may be maintained on the basis of
residence.
(g) Coordination with Federal agencies
In order to assure consistency in policies and actions under this
part with other related Federal programs and activities (including
those conducted pursuant to title VII of the Housing Act of 1961
[42 U.S.C. 1500 et seq.] and section 701 (!3) of the Housing Act of
1954) and to assure coordination of the planning, acquisition, and
development assistance to States under this section with other
related Federal programs and activities, the President may issue
such regulations with respect thereto as he deems desirable and
such assistance may be provided only in accordance with such
regulations.

(h) Capital improvement and other projects to reduce crime
(1) Availability of funds
In addition to assistance for planning projects, and in
addition to the projects identified in subsection (e) of this
section, and from amounts appropriated out of the Violent Crime
Reduction Trust Fund, the Secretary may provide financial
assistance to the States, not to exceed $15,000,000, for projects
or combinations thereof for the purpose of making capital
improvements and other measures to increase safety in urban parks
and recreation areas, including funds to -
(A) increase lighting within or adjacent to public parks and
recreation areas;
(B) provide emergency phone lines to contact law enforcement
or security personnel in areas within or adjacent to public
parks and recreation areas;
(C) increase security personnel within or adjacent to public
parks and recreation areas; and
(D) fund any other project intended to increase the security
and safety of public parks and recreation areas.
(2) Eligibility
In addition to the requirements for project approval imposed by
this section, eligibility for assistance under this subsection
shall be dependent upon a showing of need. In providing funds
under this subsection, the Secretary shall give priority to
projects proposed for urban parks and recreation areas with the
highest rates of crime and, in particular, to urban parks and
recreation areas with the highest rates of sexual assault.
(3) Federal share
Notwithstanding subsection (c) of this section, the Secretary
may provide 70 percent improvement grants for projects undertaken
by any State for the purposes described in this subsection, and
the remaining share of the cost shall be borne by the State.

-SOURCE-
(Pub. L. 88-578, title I, Sec. 6, formerly Sec. 5, Sept. 3, 1964,
78 Stat. 900; renumbered Sec. 6, Pub. L. 92-347, Sec. 2, July 11,
1972, 86 Stat. 459; amended Pub. L. 93-303, Sec. 2, June 7, 1974,
88 Stat. 194; Pub. L. 94-422, title I, Sec. 101(3), Sept. 28, 1976,
90 Stat. 1314; Pub. L. 95-625, title VI, Sec. 606, Nov. 10, 1978,
92 Stat. 3519; Pub. L. 99-645, title III, Sec. 303, Nov. 10, 1986,
100 Stat. 3587; Pub. L. 103-322, title IV, Sec. 40133, Sept. 13,
1994, 108 Stat. 1918; Pub. L. 103-437, Sec. 6(p)(2), Nov. 2, 1994,
108 Stat. 4586; Pub. L. 104-333, div. I, title VIII, Sec.
814(d)(1)(H), Nov. 12, 1996, 110 Stat. 4196.)

-REFTEXT-
REFERENCES IN TEXT
The Housing Act of 1961, referred to in subsec. (g), is Pub. L.
87-70, June 30, 1961, 75 Stat. 149, as amended. Title VII of the
Housing Act of 1961 was classified generally to chapter 8C (Sec.
1500 et seq.) of Title 42, The Public Health and Welfare, and was
omitted from the Code pursuant to section 5316 of Title 42 which
terminated authority to make grants or loans under title VII of
that Act after Jan. 1, 1975. For complete classification of this
Act to the Code, see Short Title of 1961 Amendment note set out
under section 1701 of Title 12, Banks and Banking, and Tables.
Section 701 of the Housing Act of 1954, referred to in subsec.
(g), is section 701 of act Aug. 2, 1954, ch. 649, title VII, 68
Stat. 640, as amended, which was classified to section 461 of
former Title 40, Public Buildings, Property, and Works, and was
repealed by Pub. L. 97-35, title III, Sec. 313(b), Aug. 13, 1981,
95 Stat. 398.


-MISC1-
PRIOR PROVISIONS
A prior section 6 of Pub. L. 88-578 was renumbered section 7 and
is classified to section 460l-9 of this title.

AMENDMENTS
1996 - Subsec. (f)(7). Pub. L. 104-333 struck out par. (7)
relating to annual State evaluations, lists of funded projects, and
reports.
1994 - Subsec. (f)(7). Pub. L. 103-437 substituted "Committee on
Natural Resources of the House of Representatives and the Committee
on Energy and Natural Resources of the Senate" for "Committees on
Interior and Insular Affairs of the United States Congress".
Subsec. (h). Pub. L. 103-322 added subsec. (h).
1986 - Subsec. (d). Pub. L. 99-645, Sec. 303(1), inserted
provision requiring that for fiscal year 1988 and thereafter, each
comprehensive statewide outdoor recreation plan specifically
address wetlands within the State as an important outdoor
recreation resource, or alternatively, submission of a wetlands
priority plan developed in consultation with the State agency
responsible for fish and wildlife resources in the State.
Subsec. (e)(1). Pub. L. 99-645, Sec. 303(2), inserted ", or
wetland areas and interests therein as identified in the wetlands
provisions of the comprehensive plan".
Subsec. (f)(3). Pub. L. 99-645, Sec. 303(3), inserted provision
that wetland areas and interests therein as identified in the
wetlands provisions of the comprehensive plan and proposed to be
acquired as suitable replacement property within that same State
that is otherwise acceptable to the Secretary, acting through the
Director of the National Park Service, shall be considered to be of
reasonably equivalent usefulness with the property proposed for
conversion.
1978 - Subsec. (f)(7). Pub. L. 95-625 provided that grant program
evaluations be transmitted so as to be received by the Secretary no
later than December 31 and that reports to Congressional committees
be made by no later than March 1 of each year.
1976 - Subsec. (a). Pub. L. 94-422 reenacted subsec. (a) without
change.
Subsec. (b)(1). Pub. L. 94-422 substituted "Forty per centum of
the first $275,000,000; thirty per centum of the next $275,000,000;
and twenty per centum of all additional appropriations" for
"two-fifths".
Subsec. (b)(2). Pub. L. 94-422 substituted "At any time, the
remaining appropriations" for "three-fifths".
Subsec. (b)(3). Pub. L. 94-422 designated as par. (3) the first
paragraph following par. (2), and substituted "10 per centum" for
"7 per centum".
Subsec. (b)(4). Pub. L. 94-422 designated as par. (4) the second
paragraph following par. (2), and substituted "in accordance with
paragraph 2 of this subsection, without regard to the 10 per centum
limitation to an individual State specified in this subsection" for
"in accordance with paragraph 2 of this subsection".
Subsec. (b)(5). Pub. L. 94-422 designated as par. (5) the third
paragraph following par. (2), and added Northern Mariana Islands to
those areas to be treated and provision that such areas be treated
collectively as one State for purposes of subsec. (b)(1) and
substituted requirement that a State shall receive shares of
apportionment in proportion to their population for requirement
that the State's population shall be included as part of the total
population in computing apportionment under subsec. (b)(2).
Subsec. (c). Pub. L. 94-422 reenacted subsec. (c) without change.
Subsec. (d). Pub. L. 94-422 inserted proviso that no plan shall
be approved unless certified by the Governor that public
participation in plan development and revision has been accorded
and that the Secretary shall develop criteria for public
participation to form basis of certification by Governor.
Subsec. (e). Pub. L. 94-422 inserted proviso that no assistance
shall be available under this part to enclose or shelter facilities
normally used for outdoor recreation activities and authorized
Secretary to permit local funding after Sept. 28, 1976, not to
exceed 10 per centum of total amount allocated to States.
Subsec. (f). Pub. L. 94-422 designated existing six paragraphs as
pars. (1) to (6), respectively, and added pars. (7) and (8).
Subsec. (g). Pub. L. 94-422 reenacted subsec. (g) without change.
1974 - Subsec. (e)(1). Pub. L. 93-303 inserted sentence relating
to waiver of benefits by an owner of a single-family residence who
elects to retain a right of use and occupancy for not less than six
months from the date of acquisition of the residence.


-TRANS-
TRANSFER OF FUNCTIONS
All functions of the Housing and Home Finance Agency and the
Administrator thereof were transferred to the Secretary of Housing
and Urban Development by section 5(a) of the Department of Housing
and Urban Development Act (Pub. L. 89-174, Sept. 9, 1965, 79 Stat.
669) which is classified to section 3534(a) of Title 42, The Public
Health and Welfare.


-EXEC-
EXECUTIVE ORDER NO. 11237
Ex. Ord. No. 11237, July 27, 1965, 30 F.R. 9433, which related to
coordinating planning and acquisition of land under outdoor
recreation and open space programs, was revoked by Ex. Ord. No.
12553, Feb. 25, 1986, 51 F.R. 7237.

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 460l-17, 469k, 1250, 1282
of this title; title 23 section 206; title 42 section 3338.

-FOOTNOTE-


(!1) So in original. Probably should be followed by a period.

(!2) So in original. The period probably should not appear.

(!3) See References in Text note below.


-End-



-CITE-
16 USC Sec. 460l-9 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-9. Allocation of land and water conservation fund moneys
for Federal purposes

-STATUTE-
(a) Allowable purposes and subpurposes; acquisition of land and
waters and interests therein; offset for specified capital costs
Moneys appropriated from the fund for Federal purposes shall,
unless otherwise allotted in the appropriation Act making them
available, be allotted by the President to the following purposes
and subpurposes:
(1) For the acquisition of land, waters, or interests in land or
waters as follows:
National Park System; recreation areas - Within the exterior
boundaries of areas of the National Park System now or hereafter
authorized or established and of areas now or hereafter
authorized to be administered by the Secretary of the Interior
for outdoor recreation purposes.
National Forest System - Inholdings within (a) wilderness areas
of the National Forest System, and (b) other areas of national
forests as the boundaries of those forests exist on the effective
date of this Act, or purchase units approved by the National
Forest Reservation Commission subsequent to the date of this Act,
all of which other areas are primarily of value for outdoor
recreation purposes: Provided, That lands outside of but adjacent
to an existing national forest boundary, not to exceed three
thousand acres in the case of any one forest, which would
comprise an integral part of a forest recreational management
area may also be acquired with moneys appropriated from this
fund: Provided further, That except for areas specifically
authorized by Act of Congress, not more than 15 per centum of the
acreage added to the National Forest System pursuant to this
section shall be west of the 100th meridian.
National Wildlife Refuge System - Acquisition for (a)
endangered species and threatened species authorized under
section 1534(a) of this title; (b) areas authorized by section
460k-1 of this title; (c) national wildlife refuge areas under
section 742f(a)(4) of this title and wetlands acquired under
section 3922 of this title; (d) any areas authorized for the
National Wildlife Refuge System by specific Acts.

(2) For payment into miscellaneous receipts of the Treasury as a
partial offset for those capital costs, if any, of Federal water
development projects hereafter authorized to be constructed by or
pursuant to an Act of Congress which are allocated to public
recreation and the enhancement of fish and wildlife values and
financed through appropriations to water resource agencies.
(3) Appropriations allotted for the acquisition of land, waters,
or interests in land or waters as set forth under the headings
"National Park System; Recreation Areas" and "National Forest
System" in paragraph (1) of this subsection shall be available
therefor notwithstanding any statutory ceiling on such
appropriations contained in any other provision of law enacted
prior to the convening of the Ninety-fifth Congress or, in the case
of national recreation areas, prior to the convening of the
Ninety-sixth Congress; except that for any such area expenditures
may not exceed a statutory ceiling during any one fiscal year by 10
per centum of such ceiling or $1,000,000, whichever is greater.
(b) Acquisition restrictions
Appropriations from the fund pursuant to this section shall not
be used for acquisition unless such acquisition is otherwise
authorized by law: Provided, however, That appropriations from the
fund may be used for preacquisition work in instances where
authorization is imminent and where substantial monetary savings
could be realized.
(c) Boundary changes; donations; authority of Secretary
(1) Whenever the Secretary of the Interior determines that to do
so will contribute to, and is necessary for, the proper
preservation, protection, interpretation, or management of an area
of the national park system, he may, following timely notice in
writing to the Committee on Resources of the House of
Representatives and to the Committee on Energy and Natural
Resources of the Senate of his intention to do so, and by
publication of a revised boundary map or other description in the
Federal Register, (i) make minor revisions of the boundary of the
area, and moneys appropriated from the fund shall be available for
acquisition of any lands, waters, and interests therein added to
the area by such boundary revision subject to such statutory
limitations, if any, on methods of acquisition and appropriations
thereof as may be specifically applicable to such area; and (ii)
acquire by donation, purchase with donated funds, transfer from any
other Federal agency, or exchange, lands, waters, or interests
therein adjacent to such area, except that in exercising his
authority under this clause (ii) the Secretary may not alienate
property administered as part of the national park system in order
to acquire lands by exchange, the Secretary may not acquire
property without the consent of the owner, and the Secretary may
acquire property owned by a State or political subdivision thereof
only by donation. Prior to making a determination under this
subsection, the Secretary shall consult with the duly elected
governing body of the county, city, town, or other jurisdiction or
jurisdictions having primary taxing authority over the land or
interest to be acquired as to the impacts of such proposed action,
and he shall also take such steps as he may deem appropriate to
advance local public awareness of the proposed action. Lands,
waters, and interests therein acquired in accordance with this
subsection shall be administered as part of the area to which they
are added, subject to the laws and regulations applicable thereto.
(2) For the purposes of clause (i) of paragraph (1), in all cases
except the case of technical boundary revisions (resulting from
such causes as survey error or changed road alignments), the
authority of the Secretary under such clause (i) shall apply only
if each of the following conditions is met:
(A) The sum of the total acreage of lands, waters, and
interests therein to be added to the area and the total such
acreage to be deleted from the area is not more than 5 percent of
the total Federal acreage authorized to be included in the area
and is less than 200 acres in size.
(B) The acquisition, if any, is not a major Federal action
significantly affecting the quality of the human environment, as
determined by the Secretary.
(C) The sum of the total appraised value of the lands, waters,
and interests therein to be added to the area and the total
appraised value of the lands, waters, and interests therein to be
deleted from the area does not exceed $750,000.
(D) The proposed boundary revision is not an element of a more
comprehensive boundary modification proposal. (continued)