-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) AMOUNTS TRANSFERRED FROM CONSERVATION AND 
REINVESTMENT ACT FUND- 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 subsections (a) and (b) of this section, there shall
be covered into the fund all amounts transferred to the fund under section
5(b)(2) of the Conservation and Reinvestment Act of 1999.'

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.