-CITE-
16 USC CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS,
MONUMENTS, AND SEASHORES 01/05/99
 
-EXPCITE-
TITLE 16 - CONSERVATION
-HEAD-
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND
SEASHORES
 
-MISC1-
 
Sec. PART B - LAND AND WATER CONSERVATION FUND
460l-4. Land and water conservation provisions; statement
of purposes.
460l-5. Land and water conservation fund; establishment;
covering certain revenues and collections into
fund.
460l-5a. Repealed.
460l-6. Appropriations for expenditure of land and water
conservation fund moneys; transfers to
miscellaneous receipts of Treasury.
460l-6a. Admission and special recreation use fees.
460l-6b. Repealed.
460l-6c. Admission, entrance, and recreation fees.
460l-7. Allocation of land and water conservation fund for
State and Federal purposes.
460l-8. Financial assistance to States.
460l-9. Allocation of land and water conservation fund
moneys for Federal purposes.
460l-10. Availability of land and water conservation fund
for publicity purposes; standardized temporary
signing; standards and guidelines.
460l-10a. Contracts for acquisition of lands and waters.
460l-10b. Contracts for options to acquire lands and waters
in national park system.
460l-10c. Repeal of provisions prohibiting collection of
recreation fees or user charges.
460l-10d. Review and report; submittal to Congressional
committees; contents.
460l-10e. Advisory Commission on water-based recreation.
460l-11. Transfers to and from land and water conservation
fund.
-CITE-
16 USC Part B - Land and Water Conservation Fund 01/05/99
 
-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, 1261, 1273, 1278, 1282, 1534, 3505, 3911 of this title; title
7 section 1011; title 26 section 9503; title 40 section 885; title
40 App. section 214; title 42 sections 1962c-2, 3534; title 43
sections 1457a, 1600e, 1712; title 46 section 13101.
 
-CITE-
16 USC Sec. 460l-4 01/05/99
 
-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.
 
-CROSS-
CROSS REFERENCES
Uniform application of sections 460l-4 to 460l-11 of this title
to all areas of national park system when not in conflict with
specific provisions applicable to an area, see section lc of this
title.
 
-CITE-
16 USC Sec. 460l-5 01/05/99
 
-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 485(b)(e), (FOOTNOTE 1) 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 (40 U.S.C. 471 et seq.), 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.
(FOOTNOTE 1) So in original. Probably should be section
''485(b)-(e)''.
(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, Sec.
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. Provisions of that act relating to
disposal of Government property are classified to chapter 10 (Sec.
471 et seq.) of Title 40, Public Buildings, Property, and Works.
For complete classification of this Act to the Code, see Short
Title note set out under section 471 of Title 40 and Tables.
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.
 
-MISC2-
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, Sec. 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.
 
-CROSS-
CROSS REFERENCES
Distribution of surplus government property, see section 485 of
Title 40, Public Buildings, Property, and Works, and section 1622
of Title 50, Appendix, War and National Defense.
Uniform application of Pub. L. 90-401, July 15, 1968, classified
to this section and sections 460l-7, 460l-9, 460l-10a to 460l-10c,
and 460l-22 of this title, to all areas of national park system
when not in conflict with specific provisions applicable to an
area, see section 1c of this title.
 
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 460l-7, 460l-10, 1248,
2508 of this title; title 40 section 885.
 
-CITE-
16 USC Sec. 460l-5a 01/05/99
 
-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.
 
-CITE-
16 USC Sec. 460l-6 01/05/99
 
-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.
 
-CITE-
16 USC Sec. 460l-6a 01/05/99
 
-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
and the Committee on Energy and Natural Resources of the United
States Senate a report on the entrance fees proposed to be charged
at units of the National Park System. The report shall include a
list of units of the National Park System and the entrance fee
proposed to be charged at each unit. The Secretary of the Interior
shall include in the report an explanation of the guidelines used
in applying the criteria in subsection (d) of this section.
(B) Following submittal of the report to the respective
committees, any proposed changes to matters covered in the report,
including the addition or deletion of park units or the increase or
decrease of fee levels at park units shall not take effect until 60
days after notice of the proposed change has been submitted to the
committees.
(7) No admission fee may be charged at any unit of the National
Park System for admission of any person 16 years of age or less.
(8) No admission fee may be charged at any unit of the National
Park System for admission of organized school groups or outings
conducted for educational purposes by schools or other bona fide
educational institutions.
(9) No admission fee may be charged at the following units of the
National Park System: U.S.S. Arizona Memorial, Independence
National Historical Park, any unit of the National Park System
within the District of Columbia, Arlington House - Robert E. Lee
National Memorial, San Juan National Historic Site, and Canaveral
National Seashore.
(10) For each unit of the National Park System where an admission
fee is collected, the Director shall annually designate at least
one day during periods of high visitation as a ''Fee-Free Day''
when no admission fee shall be charged.
(11) In the case of the following parks, the fee for a
single-visit permit applicable to those persons entering by
private, noncommercial vehicle (the permittee and all persons
accompanying him in a single vehicle) shall be no more than $10 per
vehicle and the fee for a single-visit permit applicable to persons
entering by any means other than a private noncommercial vehicle
shall be no more than $5 per person: Yellowstone National Park and
Grand Teton National Park and after the end of fiscal year 1990,
Grand Canyon National Park. In the case of Yellowstone and Grand
Teton, a single-visit fee collected at one unit shall also admit
the vehicle or person who paid such fee for a single-visit to the
other unit.
(12) Notwithstanding section 410hh-2 of this title, the Secretary
may charge an admission fee under this section at Denali National
Park and Preserve in Alaska.
(b) Recreation use fees; collection; campgrounds at lakes or
reservoirs under jurisdiction of Corps of Engineers; fees for
Golden Age Passport permittees
Each Federal agency developing, administering, providing or
furnishing at Federal expense, specialized outdoor recreation
sites, facilities, equipment, or services shall, in accordance with
this subsection and subsection (d) of this section, provide for the
collection of daily recreation use fees at the place of use or any
reasonably convenient location: Provided, That in no event shall
there be a charge by any such agency for the use, either singly or
in any combination, of drinking water, wayside exhibits, roads,
overlook sites, visitors' centers, scenic drives, or toilet
facilities, nor shall there be any such charge solely for the use
of picnic tables: Provided, That in no event shall there be a
charge for the use of any campground not having a majority of the
following: tent or trailer spaces, picnic tables, drinking water,
access road, refuse containers, toilet facilities, personal
collection of the fee by an employee or agent of the Federal agency
operating the facility, reasonable visitor protection, and simple
devices for containing a campfire (where campfires are permitted).
For the purposes of this subsection, the term ''specialized outdoor
recreation sites'' includes, but is not limited to, campgrounds,
swimming sites, boat launch facilities, and managed parking lots.
Any Golden Age Passport permittee, or permittee under paragraph (5)
of subsection (a) of this section, shall be entitled upon
presentation of such permit to utilize such special recreation
facilities at a rate of 50 per centum of the established use fee.
(c) Special recreation permits
Special recreation permits for uses such as group activities,
recreation events, motorized recreation vehicles, and other
specialized recreation uses may be issued in accordance with
procedures and at fees established by the agency involved.
(d) Criteria, posting and uniformity of fees
All fees established pursuant to this section shall be fair and
equitable, taking into consideration the direct and indirect cost
to the Government, the benefits to the recipient, the public policy
or interest served, the comparable recreation fees charged by
non-Federal public agencies, the economic and administrative
feasibility of fee collection and other pertinent factors.
Clear notice that a fee has been established pursuant to this
section shall be prominently posted at each area and at appropriate
locations therein and shall be included in publications distributed
at such areas. It is the intent of this part that comparable fees
should be charged by the several Federal agencies for comparable
services and facilities.
(e) Rules and regulations; establishment; enforcement powers;
penalty for violations
In accordance with the provisions of this section, the heads of
appropriate departments and agencies may prescribe rules and
regulations for areas under their administration for the collection
of any fee established pursuant to this section. Persons
authorized by the heads of such Federal agencies to enforce any
such rules or regulations issued under this subsection may, within
areas under the administration or authority of such agency head and
with or, if the offense is committed in his presence, without a
warrant, arrest any person who violates such rules and
regulations. Any person so arrested may be tried and sentenced by
the United States magistrate judge specifically designated for that
purpose by the court by which he was appointed, in the same manner
and subject to the same conditions as provided in subsections (b),
(c), (d), and (e) of section 3401 of title 18. Any violations of
the rules and regulations issued under this subsection shall be
punishable by a fine of not more than $100.
(f) Contracts with public or private entities for visitor
reservation services
The head of any Federal agency, under such terms and conditions
as he deems appropriate, may contract with any public or private
entity to provide visitor reservation services. Any such contract
may provide that the contractor shall be permitted to deduct a
commission to be fixed by the agency head from the amount charged
the public for providing such services and to remit the net
proceeds therefrom to the contracting agency.
(g) Federal and State laws unaffected
Nothing in this part shall authorize Federal hunting or fishing
licenses or fees or charges for commercial or other activities not
related to recreation, nor shall it affect any rights or authority
of the States with respect to fish and wildlife, nor shall it
repeal or modify any provision of law that permits States or
political subdivisions to share in the revenues from Federal lands
or 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.
(h) Repealed. Pub. L. 104-66, title I, Sec. 1081(f), Dec. 21, 1995,
109 Stat. 721
(i) Covering of fees collected into special account for agency
established in Treasury; covered agencies; availability of
funds; allocation of National Park Service funds
(1)(A) Except in the case of fees collected by the United States
Fish and Wildlife Service or the Tennessee Valley Authority, all
receipts from fees collected pursuant to this section by any
Federal agency (or by any public or private entity under contract
with a Federal agency) shall be covered into a special account for
that agency established in the Treasury of the United States. Fees
collected by the Secretary of Agriculture pursuant to this
subsection shall continue to be available for the purposes of
distribution to States and counties in accordance with applicable
law.
(B) Notwithstanding subparagraph (A), in any fiscal year, the
Secretary of Agriculture and the Secretary of the Interior may
withhold from the special account established under subparagraph
(A) such portion of all receipts collected from fees imposed under
this section in such fiscal year as the Secretary of Agriculture or
the Secretary of the Interior, as appropriate, determines to be
equal to the fee collection costs for that fiscal year: Provided,
That such costs shall not exceed 15 percent of all receipts
collected from fees imposed under this section in that fiscal
year. The amounts so withheld shall be retained by the Secretary
of Agriculture or the Secretary of the Interior, as appropriate,
and shall be available, without further appropriation, for
expenditure by the Secretary concerned to cover fee collection
costs in that fiscal year. The Secretary concerned shall deposit
into the special account established pursuant to subparagraph (A)
any amounts so retained which remain unexpended and unobligated at
the end of the fiscal year. For the purposes of this subparagraph,
for any fiscal year, the term ''fee collection costs'' means those
costs for personnel and infrastructure directly associated with the
collection of fees imposed under this section.
(C) Units at which entrance fees or admissions fees cannot be
collected. -
(i) Withholding of amounts. - Notwithstanding subparagraph (A),
section 315(c) of section 101(c) of the Omnibus Consolidated
Recessions and Appropriations Act of 1996 (16 U.S.C. 460l-6a
note; Public Law 104-134), or section 107 of the Department of
the Interior and Related Agencies Appropriations Act, 1998 (16
U.S.C. 460l-6a note; Public Law 105-83), the Secretary of the
Interior shall withhold from the special account under
subparagraph (A) 100 percent of the fees and charges collected in
connection with any unit of the National Park System at which
entrance fees or admission fees cannot be collected by reason of
deed restrictions.
(ii) Use of amounts. - Amounts withheld under clause (i) shall
be retained by the Secretary and shall be available, without
further Act of appropriation, for expenditure by the Secretary
for the unit with respect to which the amounts were collected for
the purposes of enhancing the quality of the visitor experience,
protection of resources, repair and maintenance, interpretation,
signage, habitat or facility enhancement, resource preservation,
annual operation (including fee collection), maintenance, and law
enforcement.
(2) Amounts covered into the special account for each agency
during each fiscal year shall, after the end of such fiscal year,
be available for appropriation solely for the purposes and in the
manner provided in this subsection. No funds shall be transferred
from fee receipts made available under this part to each unit of
the national park system: (FOOTNOTE 1) Provided, however, That in
making appropriations, funds derived from such fees may be used for
any purpose authorized therein. Funds credited to the special
account shall remain available until expended.
(FOOTNOTE 1) So in original. Probably should be ''National Park
System:''.
(3) For agencies other than the National Park Service, such funds
shall be made available for resource protection, research,
interpretation, and maintenance activities related to resource
protection in areas managed by that agency at which outdoor
recreation is available. To the extent feasible, such funds should
be used for purposes (as provided for in this paragraph) which are
directly related to the activities which generated the funds,
including but not limited to water-based recreational activities
and camping.
(4) Amounts covered into the special account for the National
Park Service shall be allocated among park system units in
accordance with subsection (j) of this section for obligation or
expenditure by the Director of the National Park Service for the
following purposes:
(A) In the case of receipts from the collection of admission
fees: for resource protection, research, and interpretation at
units of the National Park System.
(B) In the case of receipts from the collection of user fees:
for resource protection, research, interpretation, and
maintenance activities related to resource protection at units of
the National Park System.
(j) Funds available to National Park Service; required allocations;
computations; unexpended funds
(1) 10 percent of the funds made available to the Director of the
National Park Service under subsection (i) of this section in each
fiscal year shall be allocated among units of the National Park
System on the basis of need in a manner to be determined by the
Director.
(2) 40 percent of the funds made available to the Director of the
National Park Service under subsection (i) of this section in each
fiscal year shall be allocated among units of the National Park
System in accordance with paragraph (3) of this subsection and 50
percent shall be allocated in accordance with paragraph (4) of this
subsection.
(3) The amount allocated to each unit under this paragraph for
each fiscal year shall be a fraction of the total allocation to all
units under this paragraph. The fraction for each unit shall be
determined by dividing the operating expenses at that unit during
the prior fiscal year by the total operating expenses at all units
during the prior fiscal year.
(4) The amount allocated to each unit under this paragraph for
each fiscal year shall be a fraction of the total allocation to all
units under this paragraph. The fraction for each unit shall be
determined by dividing the user fees and admission fees collected
under this section at that unit during the prior fiscal year by the
total of user fees and admission fees collected under this section
at all units during the prior fiscal year.
(5) Amounts allocated under this subsection to any unit for any
fiscal year and not expended in that fiscal year shall remain
available for expenditure at that unit until expended.
(k) Selling of permits and collection of fees by volunteers at
designated areas; collecting agency duties; surety bonds;
selling of annual admission permits by public and private
entities under arrangements with collecting agency head
When authorized by the head of the collecting agency, volunteers
at designated areas may sell permits and collect fees authorized or
established pursuant to this section. The head of such agency
shall ensure that such volunteers have adequate training regarding
-
(1) the sale of permits and the collection of fees,
(2) the purposes and resources of the areas in which they are
assigned, and
(3) the provision of assistance and information to visitors to
the designated area.
The Secretary shall require a surety bond for any such volunteer
performing services under this subsection. Funds available to the
collecting agency may be used to cover the cost of any such surety
bond. The head of the collecting agency may enter into
arrangements with qualified public or private entities pursuant to
which such entities may sell (without cost to the United States)
annual admission permits (including Golden Eagle Passports) at any
appropriate location. Such arrangements shall require each such
entity to reimburse the United States for the full amount to be
received from the sale of such permits at or before the agency
delivers the permits to such entity for sale.
(l) Charge for transportation provided by National Park Service for
viewing National Park System units; charge in lieu of admission
fee; maximum charge; apportionment and expenditure of charges
(1) Where the National Park Service provides transportation to
view all or a portion of any unit of the National Park System, the
Director may impose a charge for such service in lieu of an
admission fee under this section. The charge imposed under this
paragraph shall not exceed the maximum admission fee under
subsection (a) of this section.
(2) Notwithstanding any other provision of law, half of the
charges imposed under paragraph (1) shall be retained by the unit
of the National Park System at which the service was provided. The
remainder shall be covered into the special account referred to in
subsection (i) of this section in the same manner as receipts from
fees collected pursuant to this section. Fifty percent of the
amount retained shall be expended only for maintenance of
transportation systems at the unit where the charge was imposed.
The remaining 50 percent of the retained amount shall be expended
only for activities related to resource protection at such units.
(m) Admission fee at National Park System units where primary
public access is provided by concessioner; maximum fee
Where the primary public access to a unit of the National Park
System is provided by a concessioner, the Secretary may charge an
admission fee at such units only to the extent that the total of
the fee charged by the concessioner for access to the unit and the
admission fee does not exceed the maximum amount of the admission
fee which could otherwise be imposed under subsection (a) of this
section.
(n) Commercial tour use fees
(1) In the case of each unit of the National Park System for
which an admission fee is charged under this section, the Secretary
of the Interior shall establish, by October 1, 1993, a commercial
tour use fee to be imposed on each vehicle entering the unit for
the purpose of providing commercial tour services within the unit.
Fee revenue derived from such commercial tour use fees shall be
deposited into the special account established under subsection (i)
of this section.
(2) The Secretary shall establish the amount of fee per entry as
follows:
(A) $25 per vehicle with a passenger capacity of 25 persons or
less, and
(B) $50 per vehicle with a passenger capacity of more than 25
persons.
(3) The Secretary may periodically make reasonable adjustments to
the commercial tour use fee imposed under this subsection.
(4) The commercial tour use fee imposed under this subsection
shall not apply to either of the following:
(A) Any vehicle transporting organized school groups or outings
conducted for educational purposes by schools or other bona fide
educational institutions.
(B) Any vehicle entering a park system unit pursuant to a
contract issued under the Act of October 9, 1965 (16 U.S.C.
20-20g) (FOOTNOTE 2) entitled ''An Act relating to the
establishment of concession policies in the areas administered by
the National Park Service and for other purposes.''
(FOOTNOTE 2) See References in Text note below.
(5)(A) The provisions of this subsection shall apply to aircraft
entering the airspace of units of the National Park System
identified in section 2(b) and section 3 of Public Law 100-91 for
the specific purpose of providing commercial tour services within
the airspace of such units.
(B) The provisions of this subsection shall also apply to
aircraft entering the airspace of other units of the National Park
System for the specific purpose of providing commercial tour
services if the Secretary determines that the level of such
services is equal to or greater than the level at those units of
the National Park System specified in subparagraph (A).
 
-SOURCE-
(Pub. L. 88-578, title I, Sec. 4, as added Pub. L. 92-347, Sec. 2,
July 11, 1972, 86 Stat. 459; amended Pub. L. 93-81, Sec. 1, 2, Aug.
1, 1973, 87 Stat. 178, 179; Pub. L. 93-303, Sec. 1, June 7, 1974,
88 Stat. 192; Pub. L. 96-344, Sec. 9, Sept. 8, 1980, 94 Stat. 1135;
Pub. L. 100-203, title V, Sec. 5201(a)-(c), Dec. 22, 1987, 101
Stat. 1330-263, 1330-264; Pub. L. 101-650, title III, Sec. 321,
Dec. 1, 1990, 104 Stat. 5117; Pub. L. 103-66, title V, Sec.
5001(b), title X, Sec. 10001, 10002, Aug. 10, 1993, 107 Stat. 379,
402, 403; Pub. L. 103-437, Sec. 6(p)(1), Nov. 2, 1994, 108 Stat.
4586; Pub. L. 104-66, title I, Sec. 1081(f), Dec. 21, 1995, 109
Stat. 721; Pub. L. 105-327, Sec. 1, Oct. 30, 1998, 112 Stat. 3055.)
 
-REFTEXT-
REFERENCES IN TEXT
The words ''three years after the date of enactment of this
Act'', referred to in subsec. (a)(4), refer to the enactment of
Pub. L. 88-578, Sept. 3, 1964, 78 Stat. 897, as amended. Pub. L.
88-578, which enacted sections 460l-4 to 460l-11 of this title, was
approved Sept. 3, 1964; Pub. L. 92-347, which enacted this section,
was approved July 11, 1972.
Act of October 9, 1965, referred to in subsec. (n)(4)(B), is Pub.
L. 89-249, Oct. 9, 1965, 79 Stat. 969, known as the National Park
System Concessions Policy Act, which was classified generally to
subchapter IV (Sec. 20 et seq.) of this chapter, prior to repeal by
Pub. L. 105-391, title IV, Sec. 415(a), Nov. 13, 1998, 112 Stat.
3515.
Public Law 100-91, referred to in subsec. (n)(5)(A), is set out
as a note under section 1a-1 of this title.
 
-MISC2-
PRIOR PROVISIONS
A prior section 4 of Pub. L. 88-578 was renumbered section 5 and
is classified to section 460l-7 of this title.
AMENDMENTS
1998 - Subsec. (i)(1)(C). Pub. L. 105-327 added subpar. (C).
1995 - Subsec. (h). Pub. L. 104-66 struck out subsec. (h) which
read as follows: ''Periodic reports indicating the number and
location of fee collection areas, the number and location of
potential fee collection areas, capacity and visitation
information, the fees collected, and other pertinent data, shall be
coordinated and compiled by the Bureau of Outdoor Recreation and
transmitted to the Committee on Natural Resources of the House of
Representatives and the Committee on Energy and Natural Resources
of the Senate. Such reports, which shall be transmitted no later
than March 31 annually, shall include any recommendations which the
Bureau may have with respect to improving this aspect of the land
and water conservation fund program.''
1994 - Subsec. (h). 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 House of
Representatives and United States Senate''.
1993 - Subsec. (a). Pub. L. 103-66, Sec. 10001(a), in first
sentence inserted ''or National Conservation Areas'' after
''National Park System'' and '', National Monuments, National
Volcanic Monuments, National Scenic Areas, and no more than 21
areas of concentrated public use'' after ''National Recreation
Areas'' and inserted new second sentence defining ''area of
concentrated public use''.
Subsec. (a)(1)(A). Pub. L. 103-66, Sec. 10002(d), (e), designated
existing provisions as cl. (i), substituted ''The annual permit
shall be valid for a period of 12 months from the date the annual
fee is paid'' for ''The annual permit shall be valid during the
calendar year for which the annual fee is paid'', and added cl.
(ii).
Subsec. (a)(4). Pub. L. 103-66, Sec. 10001(b), substituted ''for
a one-time charge of $10'' for ''without charge''.
Subsec. (b). Pub. L. 103-66, Sec. 10002(a)(1), in first sentence,
substituted ''or toilet facilities, nor shall there be any such
charge solely for the use of picnic tables: Provided, That in no
event shall there be a charge for the use of any campground not
having a majority of the following: tent or trailer spaces, picnic
tables, drinking water, access road, refuse containers, toilet
facilities, personal collection of the fee by an employee or agent
of the Federal agency operating the facility, reasonable visitor
protection, and simple devices for containing a campfire (where
campfires are permitted).'' for ''toilet facilities, picnic tables,
or boat ramps: Provided, however, That a fee shall be charged for
boat launching facilities only where specialized facilities or
services such as mechanical or hydraulic boat lifts or facilities
are provided: And provided further, That in no event shall there be
a charge for the use of any campground not having the following -
tent or trailer spaces, drinking water, access road, refuse
containers, toilet facilities, personal collection of the fee by an
employee or agent of the Federal agency operating the facility,
reasonable visitor protection, and simple devices for containing a
campfire (where campfires are permitted).'', and inserted new
second sentence defining ''specialized outdoor recreation sites''.
Pub. L. 102-66, Sec. 5001(b) and 10002(a)(2), amended subsec. (b)
identically, striking out second sentence which read as follows:
''At each lake or reservoir under the jurisdiction of the Corps of
Engineers, United States Army, where camping is permitted, such
agency shall provide at least one primitive campground, containing
designated campsites, sanitary facilities, and vehicular access,
where no charge shall be imposed.''
Subsec. (i)(1). Pub. L. 103-66, Sec. 10002(b), designated
existing provisions as subpar. (A) and added subpar. (B).
Subsec. (n). Pub. L. 103-66, Sec. 10002(c), added subsec. (n).
1987 - Subsec. (a)(1). Pub. L. 100-203, Sec. 5201(a)(1), (2),
designated existing provisions as subpar. (A) and substituted
''$25'' for ''$10'', and added subpar. (B).
Subsec. (a)(2). Pub. L. 100-203, Sec. 5201(a)(3), inserted at end
''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.''
Subsec. (a)(3). Pub. L. 100-203, Sec. 5201(a)(4), inserted at end
''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.''
Subsec. (a)(6) to (12). Pub. L. 100-203, Sec. 5201(a)(5), added
pars. (6) to (12).
Subsec. (f). Pub. L. 100-203, Sec. 5201(b), amended subsec. (f)
generally. Prior to amendment, subsec. (f) read as follows:
''Except as otherwise provided by law or as may be required by
lawful contracts entered into prior to September 3, 1964, providing
that revenues collected at particular Federal areas shall be
credited to specific purposes, all fees which are collected by any
Federal agency shall be covered into a special account in the
Treasury of the United States to be administered in conjunction
with, but separate from, the revenues in the Land and Water
Conservation Fund: Provided, That the head of any Federal agency,
under such terms and conditions as he deems appropriate, may
contract with any public or private entity to provide visitor
reservation services; and any such contract may provide that the
contractor shall be permitted to deduct a commission to be fixed by
the agency head from the amount charged the public for providing
such services and to remit the net proceeds therefrom to the
contracting agency. Revenues in the special account shall be
available for appropriation, without prejudice to appropriations
from other sources for the same purposes, for any authorized
outdoor recreation function of the agency by which the fees were
collected: Provided, however, That not more than forty per centum
of the amount so credited may be appropriated during the five
fiscal years following the enactment of this Act for the
enhancement of the fee collection system established by this
section, including the promotion and enforcement thereof.''
Subsecs. (i) to (m). Pub. L. 100-203, Sec. 5201(c), added
subsecs. (i) to (m).
1980 - Subsec. (a)(2). Pub. L. 96-344, Sec. 9(1), substituted
provision defining ''single visit'' as a more or less continuous
stay within a designated area and providing that payment of a
single visit admission authorizes exits from and reentries to a
single designated area for a period of from one to fifteen days,
such period to be determined by the administrating Secretary, for
provision defining ''single visit'' as the length of time a visitor
remained within the exterior boundary of a designated fee area
beginning from the first day he entered until he left, except that
on the same day the admission fee was paid, the visitor could leave
and reenter without paying an additional admission fee.
Subsec. (a)(5). Pub. L. 96-344, Sec. 9(2), added par. (5).
Subsec. (b). Pub. L. 96-344, Sec. 9(3), inserted '', or permittee
under paragraph (5) of subsection (a) of this section,'' after
''Passport permittee''.
1974 - Subsec. (a). Pub. L. 93-303, Sec. 1(b), inserted ''which
are operated and maintained by a Federal agency and'' after
''areas''.
Subsec. (a)(1). Pub. L. 93-303, Sec. 1(c), among other changes,
substituted ''The permittee'' for ''Any person purchasing the
annual permit'', inserted provisions authorizing the permittee and
his spouse, children, and parents accompanying him to enter an area
where entry is by any means other than private, noncommercial
vehicles, changed provisions which relate to the purchase of the
annual permit to allow its sale at any designated area instead of
through the offices of the Secretary of the Interior and the
Secretary of Agriculture, through all post offices of the first-
and second-class, and at such other offices as the Postmaster
General directed, and struck out provisions which empowered the
Secretary of the Interior to transfer to the Postal Service from
the permit receipts such funds as are adequate to reimburse the
Postal Service for the cost of the service.
Subsec. (a)(2). Pub. L. 93-303, Sec. 1(d), struck out ''or who
enter such an area by means other than by private, noncommercial
vehicle'' after ''annual permit'' in first sentence. See subsec.
(a)(1) of this section.
Subsec. (a)(4). Pub. L. 93-303, Sec. 1(e), substituted ''a
lifetime admission permit'' for ''an annual entrance permit'',
limited the issuance of this permit to citizens of, or persons
domiciled in the United States, and inserted provisions to allow
the permittee and his spouse and children accompanying him to enter
an area which entry is by any means other than private,
noncommercial vehicle.
Subsec. (b). Pub. L. 93-303, Sec. 1(f), (g), among other changes,
substituted ''daily recreation use fee'' for ''special recreation
use fees'', authorized a fee for boat launching facilities where
specialized facilities or services such as mechanical or hydraulic
boat lifts or facilities are provided, required the Corps of
Engineers to provide at least one primitive campground where no
charge shall be imposed at each lake or reservoir under its
jurisdiction, incorporated provisions formerly in subsec. (b)(1)
allowing any Golden Age Passport permittee to utilize the
recreation facilities at a rate of 50 per centum of the established
use fee, struck out the remainder of former subsec. (b)(1) which
related to determination of daily use fees for overnight occupancy,
and redesignated former subsec. (b)(2) as (c).
Subsec. (c). Pub. L. 93-303, Sec. 1(g), redesignated subsec.
(b)(2) as (c). Former subsec. (c) redesignated (d).
Subsec. (d). Pub. L. 93-303, Sec. 1(g), (h), redesignated subsec.
(c) as (d), and substituted therein ''a fee has been established
pursuant to this section'' for ''an admission fee or special
recreation use fee has been established''.
Subsec. (e). Pub. L. 93-303, Sec. 1(g), (i), redesignated subsec.
(d) as (e), and substituted therein ''collection of any fee
established pursuant to this section'' for ''collection of any
entrance fee and/or special recreation use fee, as the case may
be''.
Subsec. (f). Pub. L. 93-303, Sec. 1(g), (j), redesignated subsec.
(e) as (f), and inserted provisions therein empowering the head of
any Federal agency to contract with any public or private entity to
provide visitor reservation services.
Subsecs. (g), (h). Pub. L. 93-303, Sec. 1(g), redesignated
subsecs. (f) and (g) as (g) and (h), respectively.
1973 - Subsec. (a)(2). Pub. L. 93-81, Sec. 2, inserted definition
of ''single visit''.
Subsec. (b). Pub. L. 93-81, Sec. 1, inserted in opening paragraph
the proviso that there shall be no charge for the day use or
recreational use of facilities such as picnic areas, boat ramps,
where no mechanical or hydraulic equipment is provided, drinking
water, wayside exhibits, roads, trails, overlook sites, visitors'
centers, scenic drives and toilet facilities and that no fee be
charged for access to or use of campground not having flush
restrooms, showers, access and circulatory roads, sanitary disposal
stations, visitor protection control, designated tent or trailer
spaces, refuse containers and potable water.
 
-CHANGE-
CHANGE OF NAME
''United States magistrate judge'' substituted for ''United
States magistrate'' in subsec. (e) pursuant to section 321 of Pub.
L. 101-650, set out as a note under section 631 of Title 28,
Judiciary and Judicial Procedure.
 
-TRANS-
TRANSFER OF FUNCTIONS
Enforcement functions of Secretary or other official in
Department of the Interior related to compliance with rights-of-way
across recreation lands issued under this part and such functions
of Secretary or other official in Department of Agriculture,
insofar as they involve lands and programs under jurisdiction of
that Department, related to compliance with this part with respect
to pre-construction, construction, and initial operation of
transportation system for Canadian and Alaskan natural gas
transferred to Federal Inspector, Office of Federal Inspector for
Alaska Natural Gas Transportation System, until first anniversary
of date of initial operation of Alaska Natural Gas Transportation
System, see Reorg. Plan No. 1 of 1979, Sec. 102(e), (f), 203(a), 44
F.R. 33663, 33666, 93 Stat. 1373, 1376, effective July 1, 1979, set
out in the Appendix to Title 5, Government Organization and
Employees. Office of Federal Inspector for the Alaska Natural Gas
Transportation System abolished and functions and authority vested
in Inspector transferred to Secretary of Energy by section 3012(b)
of Pub. L. 102-486, set out as an Abolition of Office of Federal
Inspector note under section 719e of Title 15, Commerce and Trade.
 
-MISC5-
RECREATIONAL FEE DEMONSTRATION PROGRAM
Pub. L. 105-83, title I, Sec. 107, Nov. 14, 1997, 111 Stat. 1561,
provided that: ''In fiscal year 1998 and thereafter, for those
years in which the recreation fee demonstration program authorized
in Public Law 104-134 (set out below) is in effect, the fee
collection support authority provided in 16 U.S.C. 460l-6(i)(1)(B)
applies only to parks not included in the fee demonstration
program, and that the amount retained under this authority to cover
fee collection costs will not exceed those costs at the
non-demonstration parks, or 15 percent of all fees collected at
non-demonstration parks in a fiscal year whichever is less. Fee
collection costs for parks included in the fee demonstration
program will be covered by the fees retained at those parks.''
Pub. L. 104-134, title I, Sec. 101(c) (title III, Sec. 315), Apr.
26, 1996, 110 Stat. 1321-156, 1321-200; renumbered title I, Pub. L.
104-140, Sec. 1(a), May 2, 1996, 110 Stat. 1327, as amended by Pub.
L. 104-208, div. A, title I, Sec. 101(d) (title I, title III, Sec.
319), Sept. 30, 1996, 110 Stat. 3009-181, 3009-187, 3009-223; Pub.
L. 105-18, title II, Sec. 5001, June 12, 1997, 111 Stat. 181; Pub.
L. 105-83, title III, Sec. 320, Nov. 14, 1997, 111 Stat. 1596; Pub.
L. 105-277, div. A, Sec. 101(e) (title III, Sec. 327), Oct. 21,
1998, 112 Stat. 2681-231, 2681-291, provided that:
''(a) The Secretary of the Interior (acting through the Bureau of
Land Management, the National Park Service and the United States
Fish and Wildlife Service) and the Secretary of Agriculture (acting
through the Forest Service) shall each implement a fee program to
demonstrate the feasibility of user-generated cost recovery for the
operation and maintenance of recreation areas or sites and habitat
enhancement projects on Federal lands.
''(b) In carrying out the pilot program established pursuant to
this section, the appropriate Secretary shall select from areas
under the jurisdiction of each of the four agencies referred to in
subsection (a) no fewer than 10, but as many as 100, areas, sites
or projects for fee demonstration. For each such demonstration,
the Secretary, notwithstanding any other provision of law -
''(1) shall charge and collect fees for admission to the area
or for the use of outdoor recreation sites, facilities, visitor
centers, equipment, and services by individuals and groups, or
any combination thereof;
''(2) shall establish fees under this section based upon a
variety of cost recovery and fair market valuation methods to
provide a broad basis for feasibility testing;
''(3) may contract, including provisions for reasonable
commissions, with any public or private entity to provide visitor
services, including reservations and information, and may accept
services of volunteers to collect fees charged pursuant to
paragraph (1);
''(4) may encourage private investment and partnerships to
enhance the delivery of quality customer services and resource
enhancement, and provide appropriate recognition to such partners
or investors; and
''(5) may assess a fine of not more than $100 for any violation
of the authority to collect fees for admission to the area or for
the use of outdoor recreation sites, facilities, visitor centers,
equipment, and services.
''(c)(1) Amounts collected at each fee demonstration area, site
or project shall be distributed as follows:
''(A) Eighty percent to a special account in the Treasury for
use without further appropriation, by the agency which
administers the site, to remain available for expenditure in
accordance with paragraph (2)(A).
''(B) Twenty percent to a special account in the Treasury for
use without further appropriation, by the agency which
administers the site, to remain available for expenditure in
accordance with paragraph (2)(B).
''(C) For agencies other than the Fish and Wildlife Service and
the National Park Service, up to 15% of current year collections
of each agency, but not greater than fee collection costs for
that fiscal year, to remain available for expenditure without
further appropriation in accordance with paragraph (2)(C).
''(D) For agencies other than the Fish and Wildlife Service,
the balance to the special account established pursuant to
subparagraph (A) of section 4(i)(1) of the Land and Water
Conservation Fund Act (16 U.S.C. 460l-6a(i)(1)(A)), as amended.
''(E) For the Fish and Wildlife Service, the balance shall be
available to the Secretary of the Interior until expended to be
used in accordance with clauses (i), (ii), and (iii) of section
201(c)(A) of the Emergency Wetlands Resources Act of 1986 (16
U.S.C. 3911(c)(A)).
''(2)(A) Expenditures from site specific special funds shall be
for further activities of the area, site or project from which
funds are collected, and shall be accounted for separately.
''(B) Expenditures from agency specific special funds shall be
for use on an agency-wide basis and shall be accounted for
separately.
''(C) Expenditures from the fee collection support fund shall be
used to cover fee collection costs in accordance with section
4(i)(1)(B) of the Land and Water Conservation Fund Act (16 U.S.C.
460l-6a(i)(1)(B)), as amended: Provided, That funds unexpended and
unobligated at the end of the fiscal year shall not be deposited
into the special account established pursuant to section 4(i)(1)(A)
of said Act and shall remain available for expenditure without
further appropriation.
''(3) In order to increase the quality of the visitor experience
at public recreational areas and enhance the protection of
resources, amounts available for expenditure under this section may
only be used for the area, site or project concerned, for
backlogged repair and maintenance projects (including projects
relating to health and safety) and for interpretation, signage,
habitat or facility enhancement, resource preservation, annual
operation (including fee collection), maintenance, and law
enforcement relating to public use. The agencywide accounts may be
used for the same purposes set forth in the preceding sentence, but
for areas, sites or projects selected at the discretion of the
respective agency head.
''(d)(1) Amounts collected under this section shall not be taken
into account for the purposes of the Act of May 23, 1908 (16 U.S.C.
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.), 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
commence on October 1, 1995, and end on September 30, 2001. Funds
in accounts established shall remain available through September
30, 2004.''
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.
 
-CITE-
16 USC Sec. 460l-6b 01/05/99
 
-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.
 
-CITE-
16 USC Sec. 460l-6c 01/05/99
 
-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.
 
-CITE-
16 USC Sec. 460l-7 01/05/99
 
-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.
 
-MISC2-
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.
 
-CITE-
16 USC Sec. 460l-8 01/05/99
 
-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 (FOOTNOTE 1)
(FOOTNOTE 1) So in original. Probably should be followed by a
period.
(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.:
(FOOTNOTE 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.
(FOOTNOTE 2) So in original. The period probably should not
appear.
(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 (FOOTNOTE 3) of the
Housing Act of 1954 (40 U.S.C. 461)) 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.
(FOOTNOTE 3) See References in Text note below.
(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), was repealed by Pub. L. 97-35, title III, Sec. 313(b), Aug.
13, 1981, 95 Stat. 398.
 
-MISC2-
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.
 
-CROSS-
CROSS REFERENCES
Violent Crime Reduction Trust Fund, see section 14211 of Title
42, The Public Health and Welfare.
 
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 460l-17, 1250, 1261, 1282
of this title; title 42 section 3338.
 
-CITE-
16 USC Sec. 460l-9 01/05/99
 
-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, water,
and interest 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.
(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, water, or interests therein, or a portion of whose
lands, water, or interests therein, will be added to or deleted
from the area by the boundary modification.
(G) The lands are adjacent to 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.)
 
-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.
 
-MISC2-
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
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), 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, 429b, 460l-10a, 460l-17, 460p-2,
460v-7, 460ii-4, 460vv-18, 460aaa-1, 460hhh-5, 460iii-4, 541e,
543a, 544g, 698n of this title.
 
-CITE-
16 USC Sec. 460l-10 01/05/99
 
-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.
 
-CITE-
16 USC Sec. 460l-10a 01/05/99
 
-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. 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.
 
-CITE-
16 USC Sec. 460l-10b 01/05/99
 
-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.
 
-CITE-
16 USC Sec. 460l-10c 01/05/99
 
-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).
 
-MISC3-
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.
 
-CITE-
16 USC Sec. 460l-10d 01/05/99
 
-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.
 
-CITE-
16 USC Sec. 460l-10e 01/05/99
 
-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 manmade 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
manmade 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 manmade 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.)
 
-MISC1-
AMENDMENTS
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 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 manmade 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 manmade 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.''
 
-CITE-
16 USC Sec. 460l-11 01/05/99
 
-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.
 
-MISC2-
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 (Sec. 1101-1147 and 1171-1177) of title
XVIII (Sec. 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.