Loading (50 kb)...'
(continued)
(E) The proposed boundary has been subject to a public review
and comment period.
(F) The Director of the National Park Service obtains written
consent for the boundary modification from all property owners
whose lands, waters, or interests therein, or a portion of whose
lands, waters, or interests therein, will be added to or deleted
from the area by the boundary modification.
(G) The lands abut other Federal lands administered by the
Director of the National Park Service.
Minor boundary revisions involving only deletions of acreage owned
by the Federal Government and administered by the National Park
Service may be made only by Act of Congress.
-SOURCE-
(Pub. L. 88-578, title I, Sec. 7, formerly Sec. 6, Sept. 3, 1964,
78 Stat. 903; Pub. L. 90-401, Sec. 1(c), July 15, 1968, 82 Stat.
355; renumbered Sec. 7, Pub. L. 92-347, Sec. 2, July 11, 1972, 86
Stat. 459; amended Pub. L. 93-205, Sec. 13(c), Dec. 28, 1973, 87
Stat. 902; Pub. L. 94-422, title I, Sec. 101(4), Sept. 28, 1976, 90
Stat. 1317; Pub. L. 95-42, Sec. 1(3)-(5), June 10, 1977, 91 Stat.
210, 211; Pub. L. 96-203, Sec. 2, Mar. 10, 1980, 94 Stat. 81; Pub.
L. 99-645, title III, Sec. 302, Nov. 10, 1986, 100 Stat. 3587; Pub.
L. 103-437, Sec. 6(p)(3), Nov. 2, 1994, 108 Stat. 4586; Pub. L.
104-333, div. I, title VIII, Sec. 814(b), (d)(2)(C), Nov. 12, 1996,
110 Stat. 4194, 4196; Pub. L. 106-176, title I, Secs. 120(b), 129,
Mar. 10, 2000, 114 Stat. 28, 30.)
-REFTEXT-
REFERENCES IN TEXT
The effective date of this Act, referred to in subsec. (a)(1),
means the effective date of Pub. L. 88-578, which was Jan. 1, 1965.
See Effective Date note set out under section 460l-4 of this title.
The convening of the Ninety-fifth Congress, referred to in
subsec. (a)(3), took place on Jan. 4, 1977.
The convening of the Ninety-sixth Congress, referred to in
subsec. (a)(3), took place on Jan. 15, 1979.
-MISC1-
PRIOR PROVISIONS
A prior section 7 of Pub. L. 88-578 was renumbered section 8 and
is classified to section 460l-10 of this title.
AMENDMENTS
2000 - Subsec. (c). Pub. L. 106-176, Sec. 129, which directed the
amendment of section 814(b)(2)(G) of Pub. L. 104-333 by
substituting "abut" for "are adjacent to" was executed by making
the substitution in subsec. (c)(2)(G) of this section which had
been added by section 814(b)(2)(B) of Pub. L. 104-333, to reflect
the probable intent of Congress. See 1996 Amendment note below.
Subsec. (c)(2)(C). Pub. L. 106-176, Sec. 120(b)(1), substituted
"lands, waters, and interests therein" for "lands, water, and
interest therein".
Subsec. (c)(2)(F). Pub. L. 106-176, Sec. 120(b)(2), substituted
"lands, waters, or interests therein, or a portion of whose lands,
waters, or interests therein," for "lands, water, or interests
therein, or a portion of whose lands, water, or interests
therein,".
1996 - Subsec. (a)(3). Pub. L. 104-333, Sec. 814(d)(2)(C), struck
out at end "The Secretary of the Interior shall, prior to the
expenditure of funds which would cause a statutory ceiling to be
exceeded by $1,000,000 or more, and with respect to each
expenditure of $1,000,000 or more in excess of such a ceiling,
provide written notice of such proposed expenditure not less than
thirty calendar days in advance to the Committee on Natural
Resources of the House of Representatives and the Committee on
Energy and Natural Resources of the Senate."
Subsec. (c). Pub. L. 104-333, Sec. 814(b)(2)(B), as amended by
Pub. L. 106-176, Sec. 129, designated existing provisions as par.
(1) and added par. (2).
Pub. L. 104-333, Sec. 814(b)(1), (2)(A), substituted "Committee
on Resources" for "Committee on Natural Resources" and struck out
": Provided, however, That such authority shall apply only to those
boundaries established subsequent to January 1, 1965" before "; and
(ii)".
1994 - Subsecs. (a)(3), (c). Pub. L. 103-437 substituted "Natural
Resources" for "Interior and Insular Affairs" after "Committee on".
1986 - Subsec. (a)(1). Pub. L. 99-645, in provisions relating to
the National Wildlife Refuge System, substituted "national wildlife
refuge areas under section 742f(a)(4) of this title and wetlands
acquired under section 3922 of this title" for "national wildlife
refuge areas under section 742f(a)(5) of this title except
migratory waterfowl areas which are authorized to be acquired by
the Migratory Bird Conservation Act of 1929, as amended".
1980 - Subsec. (a)(3). Pub. L. 96-203, Sec. 2(1), inserted
provisions relating to applicability to national recreation areas.
Subsec. (c). Pub. L. 96-203, Sec. 2(2), substituted "apply only
to those boundaries established subsequent to January 1, 1965" for
"expire ten years from the date of enactment of the authorizing
legislation establishing such boundaries".
1977 - Subsec. (a)(3). Pub. L. 95-42, Sec. 1(3), added par. (3).
Subsec. (b). Pub. L. 95-42, Sec. 1(4), inserted proviso 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.
Subsec. (c). Pub. L. 95-42, Sec. 1(5), added subsec. (c).
1976 - Subsec. (a)(1). Pub. L. 94-422 in paragraph designated
"National Forest System" inserted "or purchase units approved by
the National Forest Reservation Commission, subsequent to September
3, 1965, all of" after "January 1, 1965," and substituted "three
thousand" for "five hundred" and incorporated provisions contained
in paragraphs designated "Endangered Species and Threatened
Species" and "Recreation at refuges" into paragraph designated
"National Wildlife Refuge System" inserting references to section
742f(a)(5) of this title, the Migratory Bird Conservation Act of
1929, and areas authorized for the National Wildlife Refuge System
by specific Acts.
Subsec. (b). Pub. L. 94-422 reenacted subsec. (b) without change.
1973 - Subsec. (a)(1). Pub. L. 93-205 substituted reference to
"Endangered species and threatened species" followed by a
definition covering "lands, waters, or interests therein, the
acquisition of which is authorized under section 1533(a) of this
title, needed for the purpose of conserving endangered or
threatened species of fish or wildlife or plants" for a reference
to "Threatened species" followed by a definition covering "any
national area which may be authorized for the preservation of
species of fish or wildlife that are threatened with extinction".
1968 - Subsec. (a). Pub. L. 90-401 struck out "in substantially
the same proportion as the number of visitor-days in areas and
projects hereinafter described for which admission fees are charged
under section 460l-5 of this title" after "purposes and
subpurposes" in text preceding par. (1).
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 an Effective Date note under
section 1531 of this title.
EFFECTIVE DATE OF 1968 AMENDMENT
For effective date of amendment by Pub. L. 90-401, see section
1(d) of Pub. L. 90-401, as amended by section 1 of Pub. L. 91-308,
set out as a note under section 460l-5 of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 110c, 160k, 410r-6,
410nn, 410oo-1, 410qq-1, 410rr-1, 410hhh-6, 423l-3, 429b, 460l-10a,
460l-17, 460p-2, 460v-7, 460ii-4, 460vv-18, 460aaa-1, 460hhh-5,
460iii-4, 541e, 543a, 544g, 546a, 698n, 698v-2 of this title.
-End-
-CITE-
16 USC Sec. 460l-10 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-10. Availability of land and water conservation fund for
publicity purposes; standardized temporary signing; standards and
guidelines
-STATUTE-
Moneys derived from the sources listed in section 460l-5 of this
title shall not be available for publicity purposes: Provided,
however, That in each case where significant acquisition or
development is initiated, appropriate standardized temporary
signing shall be located on or near the affected site, to the
extent feasible, so as to indicate the action taken is a product of
funding made available through the Land and Water Conservation
Fund. Such signing may indicate the per centum and dollar amounts
financed by Federal and non-Federal funds, and that the source of
the funding includes moneys derived from Outer Continental Shelf
receipts. The Secretary shall prescribe standards and guidelines
for the usage of such signing to assure consistency of design and
application.
-SOURCE-
(Pub. L. 88-578, title I, Sec. 8, formerly Sec. 7, Sept. 3, 1964,
78 Stat. 903; renumbered Sec. 8, Pub. L. 92-347, Sec. 2, July 11,
1972, 86 Stat. 459; amended Pub. L. 94-422, title I, Sec. 101(5),
Sept. 28, 1976, 90 Stat. 1318.)
-MISC1-
PRIOR PROVISIONS
A prior section 8 of Pub. L. 88-578 was renumbered section 9 and
is classified to section 460l-10a of this title.
AMENDMENTS
1976 - Pub. L. 94-422 inserted proviso that temporary
standardized signs shall be placed at or near any acquisition or
development project undertaken through use of the fund and that the
Secretary is to determine the standards and guidelines of such
signing.
-End-
-CITE-
16 USC Sec. 460l-10a 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-10a. Contracts for acquisition of lands and waters
-STATUTE-
Not to exceed $30,000,000 of the money authorized to be
appropriated from the fund by section 460l-6 of this title may be
obligated by contract during each fiscal year for the acquisition
of lands, waters, or interests therein within areas specified in
section 460l-9(a)(1) of this title. Any such contract may be
executed by the head of the department concerned, within
limitations prescribed by the Secretary of the Interior. Any such
contract so entered into shall be deemed a contractual obligation
of the United States and shall be liquidated with money
appropriated from the fund specifically for liquidation of such
contract obligation. No contract may be entered into for the
acquisition of property pursuant to this section unless such
acquisition is otherwise authorized by Federal law.
-SOURCE-
(Pub. L. 88-578, title I, Sec. 9, formerly Sec. 8, as added Pub. L.
90-401, Sec. 4, July 15, 1968, 82 Stat. 355; amended Pub. L.
91-308, Sec. 3, July 7, 1970, 84 Stat. 410; renumbered Sec. 9, Pub.
L. 92-347, Sec. 2, July 11, 1972, 86 Stat. 459, and amended Pub. L.
93-303, Sec. 3, June 7, 1974, 88 Stat. 194.)
-MISC1-
PRIOR PROVISIONS
A prior section 9 of Pub. L. 88-578 was renumbered section 10 and
is classified to section 460l-10b of this title.
AMENDMENTS
1974 - Pub. L. 93-303 substituted "section 7(a)(1)" for "section
6(a)(1)", which, for purposes of codification, is translated as
"section 460l-9(a)(1)".
1970 - Pub. L. 91-308 substituted "fiscal year" for "of fiscal
years 1969 and 1970".
RESCISSION OF CONTRACT AUTHORITY
Provisions rescinding contract authority provided for specific
fiscal years by 16 U.S.C. 460l-10a were contained in the following
appropriation acts:
Pub. L. 108-108, title I, Nov. 10, 2003, 117 Stat. 1251.
Pub. L. 108-7, div. F, title I, Feb. 20, 2003, 117 Stat. 226.
Pub. L. 107-63, title I, Nov. 5, 2001, 115 Stat. 425.
Pub. L. 106-291, title I, Oct. 11, 2000, 114 Stat. 930.
Pub. L. 106-113, div. B, Sec. 1000(a)(3) [title I], Nov. 29,
1999, 113 Stat. 1535, 1501A-143.
Pub. L. 105-277, div. A, Sec. 101(e) [title I], Oct. 21, 1998,
112 Stat. 2681-231, 2681-240.
Pub. L. 105-83, title I, Nov. 14, 1997, 111 Stat. 1550.
Pub. L. 104-208, div. A, title I, Sec. 101(d) [title I], Sept.
30, 1996, 110 Stat. 3009-181, 3009-188.
Pub. L. 104-134, title I, Sec. 101(c) [title I], Apr. 26, 1996,
110 Stat. 1321-156, 1321-163; renumbered title I, Pub. L. 104-140,
Sec. 1(a), May 2, 1996, 110 Stat. 1327.
Pub. L. 103-332, title I, Sept. 30, 1994, 108 Stat. 2506.
Pub. L. 103-138, title I, Nov. 11, 1993, 107 Stat. 1386.
Pub. L. 102-381, title I, Oct. 5, 1992, 106 Stat. 1383.
Pub. L. 102-154, title I, Nov. 13, 1991, 105 Stat. 998.
Pub. L. 101-512, title I, Nov. 5, 1990, 104 Stat. 1922.
Pub. L. 101-121, title I, Oct. 23, 1989, 103 Stat. 708.
Pub. L. 100-446, title I, Sept. 27, 1988, 102 Stat. 1781.
Pub. L. 100-202, Sec. 101(g) [title I], Dec. 22, 1987, 101 Stat.
1329-213, 1329-221.
Pub. L. 100-71, title I, July 11, 1987, 101 Stat. 414.
Pub. L. 99-349, title I, July 2, 1986, 100 Stat. 731.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 450bb-2 of this title.
-End-
-CITE-
16 USC Sec. 460l-10b 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-10b. Contracts for options to acquire lands and waters in
national park system
-STATUTE-
The Secretary of the Interior may enter into contracts for
options to acquire lands, waters, or interests therein within the
exterior boundaries of any area the acquisition of which is
authorized by law for inclusion in the national park system. The
minimum period of any such option shall be two years, and any sums
expended for the purchase thereof shall be credited to the purchase
price of said area. Not to exceed $500,000 of the sum authorized to
be appropriated from the fund by section 460l-6 of this title may
be expended by the Secretary in any one fiscal year for such
options.
-SOURCE-
(Pub. L. 88-578, title I, Sec. 10, formerly Sec. 9, as added Pub.
L. 90-401, Sec. 4, July 15, 1968, 82 Stat. 355; renumbered Sec. 10,
Pub. L. 92-347, Sec. 2, July 11, 1972, 86 Stat. 459.)
-MISC1-
PRIOR PROVISIONS
A prior section 10 of Pub. L. 88-578 was renumbered section 11
and is classified to section 460l-10c of this title.
-End-
-CITE-
16 USC Sec. 460l-10c 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-10c. Repeal of provisions prohibiting collection of
recreation fees or user charges
-STATUTE-
All provisions of law that prohibit the collection of entrance,
admission, or other recreation user fees or charges authorized by
this part or that restrict the expenditure of funds if such fees or
charges are collected are hereby repealed: Provided, That no
provision of any law or treaty which extends to any person or class
of persons a right of free access to the shoreline of any reservoir
or other body of water, or to hunting and fishing along or on such
shoreline, shall be affected by this repealer.
-SOURCE-
(Pub. L. 88-578, title I, Sec. 11, formerly Sec. 10, as added Pub.
L. 90-401, Sec. 1(a), July 15, 1968, 82 Stat. 354; renumbered Sec.
11, Pub. L. 92-347, Sec. 2, July 11, 1972, 86 Stat. 459.)
-COD-
CODIFICATION
In addition to the text set out in the section above, the
original contained provisions directing the repeal of section 14 of
this title and the deletion of ", without charge," in the sentence
of section 460d of this title beginning "The water areas of all
such projects shall be open to public use generally". The repeals
and deletions called for by those provisions were executed as thus
directed so that those provisions have been omitted from the text
as executed.
Section formerly constituted the fourth paragraph of section 2(a)
of Pub. L. 88-578 which was classified to section 460l-5(a) of this
title. The paragraph was lifted out of section 2(a) and
redesignated section 10 by section 1(a) of Pub. L. 90-401, which,
for purposes of classification, resulted in the designation of the
paragraph as section 460l-10c of this title [this section].
-MISC1-
EFFECTIVE DATE
Section effective Jan. 1, 1965, see note set out under section
460l-4 of this title. Transfer of the provisions of this section
from section 460l-5(a) of this title to this section effective Dec.
31, 1971, see section 1(d) of Pub. L. 90-401, as amended by section
1 of Pub. L. 91-308, set out as an Effective Date of 1968 Amendment
note under section 460l-5 of this title.
-End-
-CITE-
16 USC Sec. 460l-10d 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-10d. Review and report; submittal to Congressional
committees; contents
-STATUTE-
Within one year of September 28, 1976, the Secretary is
authorized and directed to submit to the Committees on Interior and
Insular Affairs of the Senate and House of Representatives a
comprehensive review and report on the needs, problems, and
opportunities associated with urban recreation in highly populated
regions, including the resources potentially available for meeting
such needs. The report shall include site specific analyses and
alternatives, in a selection of geographic environments
representative of the Nation as a whole, including, but not limited
to, information on needs, local capabilities for action, major site
opportunities, trends, and a full range of options and alternatives
as to possible solutions and courses of action designed to preserve
remaining open space, ameliorate recreational deficiency, and
enhance recreational opportunity for urban populations, together
with an analysis of the capability of the Federal Government to
provide urban-oriented environmental education programs (including,
but not limited to, cultural programs in the arts and crafts)
within such options. The Secretary shall consult with, and request
the views of, the affected cities, counties, and States on the
alternatives and courses of action identified.
-SOURCE-
(Pub. L. 88-578, title I, Sec. 12, as added Pub. L. 94-422, title
I, Sec. 101(6), Sept. 28, 1976, 90 Stat. 1318.)
-CHANGE-
CHANGE OF NAME
Committee on Interior and Insular Affairs of the Senate abolished
and replaced by Committee on Energy and Natural Resources of the
Senate, effective Feb. 11, 1977. See Rule XXV of Standing Rules of
the Senate, as amended by Senate Resolution No. 4 (popularly cited
as the "Committee System Reorganization Amendments of 1977"),
approved Feb. 4, 1977.
Committee on Interior and Insular Affairs of the House of
Representatives changed to Committee on Natural Resources of the
House of Representatives on Jan. 5, 1993, by House Resolution No.
5, One Hundred Third Congress. Committee on Natural Resources of
House of Representatives treated as referring to Committee on
Resources of House of Representatives by section 1(a) of Pub. L.
104-14, set out as a note preceding section 21 of Title 2, The
Congress.
-End-
-CITE-
16 USC Sec. 460l-10e 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-10e. Advisory Commission on water-based recreation
-STATUTE-
(a) Appointment; report
The President shall appoint an advisory commission to review the
opportunities for enhanced opportunities for water-based recreation
which shall submit a report to the President and to the Committee
on Energy and Natural Resources of the Senate and to the Committee
on Transportation and Infrastructure and the Committee on Resources
of the House of Representatives within one year from November 12,
1996.
(b) Members
The members of the Commission shall include -
(1) the Secretary of the Interior, or his designee;
(2) the Secretary of the Army, or his designee;
(3) the Chairman of the Tennessee Valley Authority, or his
designee;
(4) the Secretary of Agriculture, or his designee;
(5) a person nominated by the National Governor's Association;
and
(6) four persons familiar with the interests of the recreation
and tourism industry, conservation and recreation use, Indian
tribes, and local governments, at least one of whom shall be
familiar with the economics and financing of recreation-related
infrastructure.
(c) Chairman; vacancies; administration
The President shall appoint one member to serve as Chairman. Any
vacancy on the Commission shall be filled in the same manner as the
original appointment. Members of the Commission shall serve without
compensation but shall be reimbursed for travel, subsistence, and
other necessary expenses incurred by them in the performance of
their duties. The Secretary of the Interior shall provide all
financial, administrative, and staffing requirements for the
Commission, including office space, furnishings, and equipment. The
heads of other Federal agencies are authorized, at the request of
the Commission, to provide such information or personnel, to the
extent permitted by law and within the limits of available funds,
to the Commission as may be useful to accomplish the purposes of
this section.
(d) Hearings
The Commission may hold such hearings, sit and act at such times
and places, take such testimony, and receive such evidence as it
deems advisable: Provided, That, to the maximum extent possible,
the Commission shall use existing data and research. The Commission
is authorized to use the United States mail in the same manner and
upon the same conditions as other departments and agencies of the
United States.
(e) Contents of report
The report shall review the extent of water-related recreation at
Federal man-made lakes and reservoirs and shall develop
alternatives to enhance the opportunities for such use by the
public. In developing the report, the Commission shall -
(1) review the extent to which recreation components identified
in specific authorizations associated with individual Federal
man-made lakes and reservoirs have been accomplished;
(2) evaluate the feasibility of enhancing recreation
opportunities at federally managed lakes and reservoirs under
existing statutes;
(3) consider legislative changes that would enhance recreation
opportunities consistent with and subject to the achievement of
the authorized purposes of Federal water projects; and
(4) make recommendations on alternatives for enhanced
recreation opportunities including, but not limited to, the
establishment of a National Recreation Lake System under which
specific lakes would receive national designation and which would
be managed through innovative partnership-based agreements
between Federal agencies, State and local units of government,
and the private sector.
Any such alternatives shall be consistent with and subject to the
authorized purposes for any man-made lakes and reservoirs and shall
emphasize private sector initiatives in concert with State and
local units of government.
-SOURCE-
(Pub. L. 88-578, title I, Sec. 13, as added Pub. L. 104-333, div.
I, title X, Sec. 1021(b), Nov. 12, 1996, 110 Stat. 4210; amended
Pub. L. 105-83, title V, Sec. 505, Nov. 14, 1997, 111 Stat. 1617;
Pub. L. 106-176, title I, Sec. 123(b), Mar. 10, 2000, 114 Stat.
29.)
-MISC1-
AMENDMENTS
2000 - Subsec. (b)(6). Pub. L. 106-176, Sec. 123(b)(1),
substituted "recreation-related" for "recreation related".
Subsec. (e). Pub. L. 106-176, Sec. 123(b)(2)(A), (C), in
introductory provisions, substituted "water-related" for "water
related" and "man-made" for "manmade" and, in concluding
provisions, substituted "man-made" for "manmade".
Subsec. (e)(1). Pub. L. 106-176, Sec. 123(b)(2)(C), substituted
"man-made" for "manmade".
Subsec. (e)(2). Pub. L. 106-176, Sec. 123(b)(2)(B), substituted
"federally managed" for "federally-managed".
1997 - Pub. L. 105-83 made technical amendment to directory
language of Pub. L. 104-333, Sec. 1021(b), which added this
section.
RECREATIONAL OPPORTUNITIES AT FEDERALLY-MANAGED MANMADE LAKES AND
RESERVOIRS
Section 1021(a) of Pub. L. 104-333, as amended by Pub. L.
106-176, title I, Sec. 123(a), Mar. 10, 2000, 114 Stat. 29,
provided that: "The Congress finds that the Federal Government,
under the authority of the Reclamation Act [43 U.S.C. 371 et seq.]
and other statutes, has developed man-made lakes and reservoirs
that have become a powerful magnet for diverse recreational
activities and that such activities contribute to the well-being of
families and individuals and the economic viability of local
communities. The Congress further finds that in order to further
the purposes of the Land and Water Conservation Fund, the President
should appoint an advisory commission to review the current and
anticipated demand for recreational opportunities at federally
managed man-made lakes and reservoirs through creative partnerships
involving Federal, State, and local governments and the private
sector and to develop alternatives for enhanced recreational use of
such facilities."
-End-
-CITE-
16 USC Sec. 460l-11 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-11. Transfers to and from land and water conservation
fund
-STATUTE-
(a) Motorboat fuel taxes from highway trust fund into conservation
fund
There shall be set aside in the land and water conservation fund
in the Treasury of the United States provided for in this part the
amounts specified in section 9503(c)(4)(B) of title 26 (relating to
special motor fuels and gasoline used in motorboats).
(b) Refunds of gasoline taxes for certain nonhighway purposes or
used by local transit systems and motorboat fuel taxes from
conservation fund into general fund of Treasury
There shall be paid from time to time from the land and water
conservation fund into the general fund of the Treasury amounts
estimated by the Secretary of the Treasury as equivalent to -
(1) the amounts paid before October 1, 2004, under section 6421
of title 26 (relating to amounts paid in respect of gasoline used
for certain nonhighway purposes or by local transit systems) with
respect to gasoline used after December 31, 1964, in motorboats,
on the basis of claims filed for periods ending before October 1,
2003; and
(2) 80 percent of the floor stocks refunds made before October
1, 2004, under section 6412(a)(2) of title 26 with respect to
gasoline to be used in motorboats.
-SOURCE-
(Pub. L. 88-578, title II, Sec. 201, Sept. 3, 1964, 78 Stat. 904;
Pub. L. 91-605, title III, Sec. 302, Dec. 31, 1970, 84 Stat. 1743;
Pub. L. 94-273, Sec. 3(4), Apr. 21, 1976, 90 Stat. 376; Pub. L.
94-280, title III, Sec. 302, May 5, 1976, 90 Stat. 456; Pub. L.
95-599, title V, Sec. 503(b), Nov. 6, 1978, 92 Stat. 2757; Pub. L.
97-424, title V, Sec. 531(c), Jan. 6, 1983, 96 Stat. 2191; Pub. L.
99-514, Sec. 2, title XVIII, Sec. 1875(e), Oct. 22, 1986, 100 Stat.
2095, 2897; Pub. L. 100-17, title V, Sec. 503(c), Apr. 2, 1987, 101
Stat. 258; Pub. L. 101-508, title XI, Sec. 11211(g)(2), Nov. 5,
1990, 104 Stat. 1388-427; Pub. L. 102-240, title VIII, Sec.
8002(d)(2)(B), Dec. 18, 1991, 105 Stat. 2204; Pub. L. 105-178,
title IX, Sec. 9002(c)(2)(B), June 9, 1998, 112 Stat. 500.)
-REFTEXT-
REFERENCES IN TEXT
Section 6412(a)(2) of title 26, referred to in subsec. (b)(2),
was redesignated as "section 6412(a)(1) of title 26" by Pub. L.
94-455, Sec. 1906(22), Oct. 4, 1976, 90 Stat. 1827.
-MISC1-
AMENDMENTS
1998 - Subsec. (b). Pub. L. 105-178 substituted "2003" for "1997"
in par. (1) and "2004" for "1998" in pars. (1) and (2).
1991 - Subsec. (b). Pub. L. 102-240 substituted "1997" for "1995"
and "1998" for "1996" wherever appearing.
1990 - Subsec. (b). Pub. L. 101-508 substituted "1995" for "1993"
and "1996" for "1994" wherever appearing.
1987 - Subsec. (b). Pub. L. 100-17 substituted "1993" for "1988"
and "1994" for "1989" wherever appearing.
1986 - Subsec. (a). Pub. L. 99-514, Sec. 2, substituted "Internal
Revenue Code of 1986" for "Internal Revenue Code of 1954", which
for purposes of codification was translated as "title 26" thus
requiring no change in text.
Pub. L. 99-514, Sec. 1875(e), substituted "section 9503(c)(4)(B)
of title 26" for "section 209(f)(5) of the Highway Revenue Act of
1956".
Subsec. (b)(1). Pub. L. 99-514, Sec. 2, substituted "Internal
Revenue Code of 1986" for "Internal Revenue Code of 1954", which
for purposes of codification was translated as "title 26" thus
requiring no change in text.
1983 - Subsec. (b). Pub. L. 97-424 substituted "1989" for "1985"
and "1988" for "1984" wherever appearing.
1978 - Subsec. (b). Pub. L. 95-599 substituted "1984" for "1979"
and "1985" for "1980" wherever appearing.
1976 - Subsec. (b). Pub. L. 94-280 substituted "1979" for "1977"
and "1980" for "1978" wherever appearing.
Pub. L. 94-273 substituted "October" for "July" wherever
appearing.
1970 - Subsec. (b). Pub. L. 91-605 substituted "1977" for "1972"
and "1978" for "1973" wherever appearing.
EFFECTIVE DATE OF 1986 AMENDMENT
Amendment by section 1875(e) of Pub. L. 99-514 effective as if
included in the provision of the Tax Reform Act of 1984, Pub. L.
98-369, to which such amendment relates, except as otherwise
provided, see section 1881 of Pub. L. 99-514, set out as a note
under section 48 of Title 26, Internal Revenue Code.
EFFECTIVE DATE OF 1983 AMENDMENT
Amendment by Pub. L. 97-424 effective Jan. 1, 1983, see section
531(e) of Pub. L. 97-424, set out as an Effective Date; Savings
Provision note under section 9503 of Title 26, Internal Revenue
Code.
EFFECTIVE DATE
Section effective Jan. 1, 1965, see note set out under section
460l-4 of this title.
PLAN AMENDMENTS NOT REQUIRED UNTIL JANUARY 1, 1989
For provisions directing that if any amendments made by subtitle
A or subtitle C of title XI [Secs. 1101-1147 and 1171-1177] of
title XVIII [Secs. 1800-1899A] of Pub. L. 99-514 require an
amendment to any plan, such plan amendment shall not be required to
be made before the first plan year beginning on or after Jan. 1,
1989, see section 1140 of Pub. L. 99-514, as amended, set out as a
note under section 401 of Title 26, Internal Revenue Code.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 460l-5 of this title.
-End-
-CITE-
16 USC Part C - Water Resources Projects 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXIX - OUTDOOR RECREATION PROGRAMS
Part C - Water Resources Projects
-HEAD-
PART C - WATER RESOURCES PROJECTS
-SECREF-
PART REFERRED TO IN OTHER SECTIONS
This part is referred to in sections 460l-31, 460l-34 of this
title; title 33 section 2297; title 43 sections 508, 1527, 1541.
-End-
-CITE-
16 USC Sec. 460l-12 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXIX - OUTDOOR RECREATION PROGRAMS
Part C - Water Resources Projects
-HEAD-
Sec. 460l-12. Recreation and fish and wildlife benefits of Federal
multiple-purpose water resources projects; Congressional
declaration of policy
-STATUTE-
It is the policy of the Congress and the intent of this part (a)
in investigating and planning any Federal navigation, flood
control, reclamation, hydroelectric, or multiple-purpose water
resource project, full consideration shall be given to the
opportunities, if any, which the project affords for outdoor
recreation and for fish and wildlife enhancement and that, wherever
any such project can reasonably serve either or both of these
purposes consistently with the provisions of this part, it shall be
constructed, operated, and maintained accordingly; (b) planning
with respect to the development of the recreation potential of any
such project shall be based on the coordination of the recreational
use of the project area with the use of existing and planned
Federal, State, or local public recreation developments; and (c)
project construction agencies shall encourage non-Federal public
bodies to administer project land and water areas for recreation
and fish and wildlife enhancement purposes and operate, maintain,
and replace facilities provided for those purposes unless such
areas or facilities are included or proposed for inclusion within a
national recreation area, or are appropriate for administration by
a Federal agency as a part of the national forest system, as a part
of the public lands classified for retention in Federal ownership,
or in connection with an authorized Federal program for the
conservation and development of fish and wildlife.
-SOURCE-
(Pub. L. 89-72, Sec. 1, July 9, 1965, 79 Stat. 213.)
-REFTEXT-
REFERENCES IN TEXT
This part, referred to in text, was in the original "this Act",
meaning Pub. L. 89-72, which enacted sections 460l-12 to 460l-21 of
this title and amended sections 460l-5(a) and 662(d) of this title.
-MISC1-
SHORT TITLE
Section 12 of Pub. L. 89-72 provided: "This Act [enacting this
section and sections 460l-13 to 460l-21 of this title and amending
sections 460l-5(a) and 662(d) of this title], may be cited as the
'Federal Water Project Recreation Act'."
-End-
-CITE-
16 USC Sec. 460l-13 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXIX - OUTDOOR RECREATION PROGRAMS
Part C - Water Resources Projects
-HEAD-
Sec. 460l-13. Non-Federal administration of project land and water
areas
-STATUTE-
(a) Allocation of costs
If, before authorization of a project, non-Federal public bodies
indicate their intent in writing to agree to administer project
land and water areas for recreation or fish and wildlife
enhancement or for both of these purposes pursuant to the plan for
the development of the project approved by the head of the agency
having administrative jurisdiction over it and to bear not less
than one-half the separable costs of the project allocated to
recreation, and to bear one-quarter of such costs allocated to fish
and wildlife enhancement and not less than one-half the costs of
operation, maintenance, and replacement incurred therefor -
(1) the benefits of the project to said purpose or purposes
shall be taken into account in determining the economic benefits
of the project;
(2) costs shall be allocated to said purpose or purposes and to
other purposes in a manner which will insure that all project
purposes share equitably in the advantages of multiple-purpose
construction: Provided, That the costs allocated to recreation or
fish and wildlife enhancement shall not exceed the lesser of the
benefits from those functions or the costs of providing
recreation or fish and wildlife enhancement benefits or
reasonably equivalent use and location by the least costly
alternative means; and
(3) not more than one-half the separable costs of the project
allocated to recreation and exactly three-quarters of such costs
allocated to fish and wildlife enhancement and all the joint
costs of the project allocated to recreation and fish and
wildlife enhancement shall be borne by the United States and be
nonreimbursable.
Projects authorized during the calendar year 1965 may include
recreation and fish and wildlife enhancement on the foregoing basis
without the required indication of intent. Execution of an
agreement as aforesaid shall be a prerequisite to commencement of
construction of any project to which this subsection is applicable.
(b) Non-Federal share of costs
The non-Federal share of the separable costs of the project
allocated to recreation and fish and wildlife enhancement shall be
borne by non-Federal interests, under either or both of the
following methods as may be determined appropriate by the head of
the Federal agency having jurisdiction over the project: (1)
payment, or provision of lands, interests therein, or facilities
for the project; or (2) repayment, with interest at a rate
comparable to that for other interest-bearing functions of Federal
water resource projects, within fifty years of first use of project
recreation or fish and wildlife enhancement facilities: Provided,
That the source of repayment may be limited to entrance and user
fees or charges collected at the project by non-Federal interests
if the fee schedule and the portion of fees dedicated to repayment
are established on a basis calculated to achieve repayment as
aforesaid and are made subject to review and renegotiation at
intervals of not more than five years.
-SOURCE-
(Pub. L. 89-72, Sec. 2, July 9, 1965, 79 Stat. 214; Pub. L. 93-251,
title I, Sec. 77(a)(1), (2), Mar. 7, 1974, 88 Stat. 33; Pub. L.
102-575, title XXVIII, Sec. 2804(a), Oct. 30, 1992, 106 Stat.
4691.)
-MISC1-
AMENDMENTS
1992 - Subsec. (a). Pub. L. 102-575 substituted "not less than
one-half the costs of operation" for "all the costs of operation"
in introductory provisions.
1974 - Subsec. (a). Pub. L. 93-251 substituted in text preceding
item (1) "separable costs of the project allocated to recreation,
and to bear one-quarter of such costs allocated to fish and
wildlife enhancement" for "separable costs of the project allocated
to either or both of said purposes, as the case may be" and in item
(3) "separable costs of the project allocated to recreation and
exactly three-quarters of such costs allocated to fish and wildlife
enhancement" for "separable costs", respectively.
EFFECTIVE DATE OF 1974 AMENDMENT
Section 77(b) of Pub. L. 93-251 provided that: "The amendments
made by this section [amending this section and section 460l-14 of
this title] shall apply to all projects the construction of which
is not substantially completed on the date of enactment of this Act
[Mar. 7, 1974]."
COST SHARING REQUIREMENTS
Section 77(c) of Pub. L. 93-251 provided that: "In the case of
any project (1) authorized subject to specific cost-sharing
requirements which were based on the same percentages as those
established in the Federal Water Project Recreation Act [section
460l-12 et seq. of this title], and (2) construction of which is
not substantially completed on the date of enactment of this Act
[Mar. 7, 1974], the cost-sharing requirements for such project
shall be the same percentages as are established by the amendments
made by subsection (a) of this section [to subsec. (a) of this
section and section 460l-14(b)(1) of this title] for projects which
are subject to the Federal Water Project Recreation Act [section
460l-12 et seq. of this title]."
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 460l-14, 460l-17 of this
title.
-End-
-CITE-
16 USC Sec. 460l-14 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXIX - OUTDOOR RECREATION PROGRAMS
Part C - Water Resources Projects
-HEAD-
Sec. 460l-14. Facilities of project modifications to be provided
without written indication of intent
-STATUTE-
(a) Other project purposes as justification; public health and
safety requirement of minimum facilities at access points; basis
for calculation of benefits; nonreimbursable costs
No facilities or project modifications which will furnish
recreation or fish and wildlife enhancement benefits shall be
provided in the absence of the indication of intent with respect
thereto specified in section 460l-13(a) of this title unless (1)
such facilities or modifications serve other project purposes and
are justified thereby without regard to such incidental recreation
or fish and wildlife enhancement benefits as they may have or (2)
they are minimum facilities which are required for the public
health and safety and are located at access points provided by
roads existing at the time of project construction or constructed
for the administration and management of the project. Calculation
of the recreation and fish and wildlife enhancement benefits in any
such case shall be based on the number of visitor-days anticipated
in the absence of recreation and fish and wildlife enhancement
facilities or modifications except as hereinbefore provided and on
the value per visitor-day of the project without such facilities or
modifications. Project costs allocated to recreation and fish and
wildlife enhancement on this basis shall be nonreimbursable.
(b) Preservation of recreation and fish and wildlife enhancement
potential; execution of agreements within ten year period;
disposition of lands in absence of such agreements, prohibition
against uses conflicting with project purposes, and preference to
uses promoting and not detracting from such potential
Notwithstanding the absence of an indication of intent as
specified in section 460l-13(a) of this title, lands may be
provided in connection with project construction to preserve the
recreation and fish and wildlife enhancement potential of the
project:
(1) If non-Federal public bodies execute an agreement after
initial operation of the project (which agreement shall provide
that the non-Federal public bodies will administer project land
and water areas for recreation or fish and wildlife enhancement
or both pursuant to the plan for the development of the project
approved by the head of the agency having administrative
jurisdiction over it and will bear not less than one-half the
costs of lands, facilities, and project modifications provided
for recreation, and will bear one-quarter of such costs for fish
and wildlife enhancement, and not less than one-half the costs of
planning studies, and the costs of operation, maintenance, and
replacement attributable thereto) the remainder of the costs of
lands, facilities, and project modifications provided pursuant to
this paragraph shall be nonreimbursable. Such agreement and
subsequent development, however, shall not be the basis for any
reallocation of joint costs of the project to recreation or fish
and wildlife enhancement.
(2) If, within ten years after initial operation of the
project, there is not an executed agreement as specified in
paragraph (1) of this subsection, the head of the agency having
jurisdiction over the project may utilize the lands for any
lawful purpose within the jurisdiction of his agency, or may
offer the land for sale to its immediate prior owner or his
immediate heirs at its appraised fair market value as approved by
the head of the agency at the time of offer or, if a firm
agreement by said owner or his immediate heirs is not executed
within ninety days of the date of the offer, may transfer custody
of the lands to another Federal agency for use for any lawful
purpose within the jurisdiction of that agency, or may lease the
lands to a non-Federal public body, or may transfer the lands to
the Administrator of General Services for disposition in
accordance with the surplus property laws of the United States.
In no case shall the lands be used or made available for use for
any purpose in conflict with the purposes for which the project
was constructed, and in every case except that of an offer to
purchase made, as hereinbefore provided, by the prior owner or
his heirs preference shall be given to uses which will preserve
and promote the recreation and fish and wildlife enhancement
potential of the project or, in the absence thereof, will not
detract from that potential.
(c) Expansion or modification of existing facilities
(1) Any recreation facility constructed under this part may be
expanded or modified if -
(A) the facility is inadequate to meet recreational demands;
and
(B) a non-Federal public body executes an agreement which
provides that such public body -
(i) will administer the expanded or modified facilities
pursuant to a plan for development for the project that is
approved by the agency with administrative jurisdiction over
the project; and
(ii) will bear not less than one-half of the planning and
capital costs of such expansion or modification and not less
than one-half of the costs of the operation, maintenance, and
replacement attributable to the expansion of the facility.
(2) The Federal share of the cost of expanding or modifying a
recreational facility described in paragraph (1) may not exceed 50
percent of the total cost of expanding or modifying the facility.
-SOURCE-
(Pub. L. 89-72, Sec. 3, July 9, 1965, 79 Stat. 214; Pub. L. 93-251,
title I, Sec. 77(a)(3), Mar. 7, 1974, 88 Stat. 33; Pub. L. 102-575,
title XXVIII, Sec. 2804(b), (d), Oct. 30, 1992, 106 Stat. 4691.)
-REFTEXT-
REFERENCES IN TEXT
For surplus property laws of the United States, referred to (continued)