-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.

(d) USE OF FEDERAL PORTION-

(1) APPROVAL BY CONGRESS REQUIRED- The Federal portion (as that term is defined in section 5(1)) may not be obligated or expended by the Secretary of the Interior or the Secretary of Agriculture for any acquisition except for a project that is specifically referred to, and approved by the Congress, in an Act making appropriations for the Department of the Interior or the Department of Agriculture, respectively, for such fiscal year.

(2) WILLING SELLER REQUIREMENT- The Federal portion may not be used to acquire any property unless--

(A) the owner of the property concurs in the acquisition; or

(B) acquisition of that property is specifically approved by an Act of Congress.

(e) LIST OF PROPOSED FEDERAL ACQUISITIONS-

(1) RESTRICTION ON USE- The Federal portion for a fiscal year may not be obligated or expended to acquire any interest in lands or water unless the lands or water were included in a list of acquistions that is approved by the Congress.

(2) TRANSMISSION OF LIST- (A) The Secretary of the Interior and the Secretary of Agriculture shall jointly transmit to the Congress for each fiscal year, by no later than the submission of the budget for the fiscal year under section 1105 of title 31, United States Code, a list of the acquisitions of interests in lands and water proposed to be made with the Federal portion for the fiscal year.

(B) In preparing each list, the Secretary shall--

(i) seek to consolidate Federal landholdings in States with checkerboard Federal land ownership patterns;

(ii) consider the use of equal value land exchanges, where feasible and suitable, as an alternative means of land acquisition;

(iii) consider the use of permanent conservation easements, where feasible and suitable, as an alternative means of acquisition;

(iv) identify those properties that are proposed to be acquired from willing sellers and specify any for which adverse condemnation is requested; and

(v) establish priorities based on such factors as important or special resource attributes, threats to resource integrity, timely availability, owner hardship, cost escalation, public recreation use values, and similar considerations.

(3) INFORMATION REGARDING PROPOSED ACQUISITIONS- Each list shall include, for each proposed acquisition included in the list--

(A) citation of the statutory authority for the acquisition, if such authority exists; and
(B) an explanation of why the particular interest proposed to be acquired was selected.

(f) NOTIFICATION TO AFFECTED AREAS REQUIRED- The Federal portion for a fiscal year may not be used to acquire any interest in land unless the Secretary administering the acquisition, by not later than 30 days after the date the Secretaries submit the list under subsection (e) for the fiscal year, provides notice of the proposed acquisition--

(1) in writing to each Member of and each Delegate and Resident Commissioner to the Congress elected to represent any area in which is located--

(A) the land; or

(B) any part of any federally designated unit that includes the land;

(2) in writing to the Governor of the State in which the land is located;

(3) in writing to each State political subdivision having jurisdiction over the land; and

(4) by publication of a notice in a newspaper that is widely distributed in the area under the jurisdiction of each such State political subdivision, that includes a clear statement that the Federal Government intends to acquire an interest in land.

(g) COMPLIANCE WITH REQUIREMENTS UNDER FEDERAL LAWS-

(1) IN GENERAL- The Federal portion for a fiscal year may not be used to acquire any interest in land or water unless the following have occurred:

(A) All actions required under Federal law with respect to the acquisition have been complied with.

(B) A copy of each final environmental impact statement or environmental assessment required by law, and a summary of all public comments regarding the acquisition that have been received by the agency making the acquisition, are submitted to the Committee on Resources of the House of Representatives, the Committee on Energy and Natural Resources of the Senate, and the Committees on Appropriations of the House of Representatives and of the Senate.

(C) A notice of the availability of such statement or assessment and of such summary is provided to--

(i) each Member of and each Delegate and Resident Commissioner to the Congress elected to represent the area in which the land is located;

(ii) the Governor of the State in which the land is located; and

(iii) each State political subdivision having jurisdiction over the land.

(2) LIMITATION ON APPLICATION- Paragraph (1) shall not apply to any acquisition that is specifically authorized by a Federal law.'.

-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.