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§ 1053.02. Definitions 
In this chapter: 
(1) FUND.—The term ‘‘Fund’’ means the Land and Water Con-
servation Fund established under section 1053.03 of this title. 
(2) STATE.—The term ‘‘State’’ means a State, the District of Co-
lumbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, and 
the Northern Mariana Islands. 
§ 1053.03. Establishment of Land and Water Conservation 
Fund 
(a) ESTABLISHMENT.—There is established in the Treasury the Land 
and Water Conservation Fund. 
(b) DEPOSITS.—During the period ending September 30, 2015, there 
shall be deposited in the Fund the following revenues and collections: 
(1) All proceeds (except so much thereof as may be otherwise obli-
gated, credited, or paid under authority of the provisions of law set 
forth in section 572(a) or 574(a) to (c) of title 40 or under authority 
of any appropriation Act that appropriates an amount, to be derived 
from proceeds from the transfer of excess property and the disposal of 
surplus property, for necessary expenses, not otherwise provided for, in-
cident to the utilization and disposal of excess and surplus property) 
received from any disposal of surplus real property and related personal 
property under chapter 5 of title 40, notwithstanding any provision of 
law that such proceeds shall be credited to miscellaneous receipts of the 
Treasury. Nothing in this chapter shall affect existing laws or regula-
tions concerning disposal of real or personal surplus property to 
schools, hospitals, and States and their political subdivisions. 
(2) The amounts provided for in section 1053.13 of this title. 
(c) AUTHORIZATION OF APPROPRIATIONS.— 
(1) IN GENERAL.—In addition to the sum of the revenues and collec-
tions estimated by the Secretary to be deposited in the Fund pursuant 
to this section, 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 $900,000,000 for each fiscal year through September 30, 
2015. 
(2) RECEIPTS UNDER OUTER CONTINENTAL SHELF LANDS ACT.—To 
the extent that amount appropriated under paragraph (1) are not suffi-
cient to make the total annual income of the Fund equivalent to the 
amounts provided in paragraph (1), an amount sufficient to cover the 
remainder shall be credited to the Fund from revenues due and payable 
to the United States for deposit in the Treasury as miscellaneous re-
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ceipts under the Outer Continental Shelf Lands Act (43 U.S.C. 1331 
et seq.). 
(3) AVAILABILITY OF DEPOSITS.—Notwithstanding section 1053.03 
of this title, money deposited in the Fund under this subsection shall 
remain in the Fund until appropriated by Congress to carry out this 
chapter. 
§ 1053.04. Appropriations for expenditure of Fund amounts 
Amounts deposited in the Fund shall be available for expenditure for the 
purposes of this chapter only when appropriated therefor. The appropria-
tions may be made without fiscal-year limitation. Amounts made available 
for obligation or expenditure from the Fund may be obligated or expended 
only as provided in this chapter. 
§ 1053.05. Admission and special recreation use fees 
(a) SYSTEM UNITS AT WHICH ENTRANCE FEES OR ADMISSIONS FEES 
CANNOT BE COLLECTED.— 
(1) WITHHOLDING OF AMOUNTS.—Notwithstanding section 107 of 
the Department of the Interior and Related Agencies Appropriations 
Act, 1998 (Public Law 105–83, 111 Stat. 1561), the Secretary shall 
withhold from the special account under section 807(a) of the Federal 
Lands Recreation Enhancement Act (16 U.S.C. 6806(a)) 100 percent 
of the fees and charges collected in connection with any System unit 
at which entrance fees or admission fees cannot be collected by reason 
of deed restrictions. 
(2) USE OF AMOUNTS.—Amounts withheld under paragraph (1) shall 
be retained by the Secretary and shall be available, without further ap-
propriation, for expenditure by the Secretary for the System unit with 
respect to which the amounts were collected for the purposes of en-
hancing the quality of the visitor experience, protection of resources, 
repair and maintenance, interpretation, signage, habitat or facility en-
hancement, resource preservation, annual operation (including fee col-
lection), maintenance, and law enforcement. 
(b) ALLOCATION OF FUNDS TO SYSTEM UNITS.— 
(1) ALLOCATION OF FUNDS ON BASIS OF NEED.—Ten percent of the 
funds made available to the Director under subsection (a) in each fiscal 
year shall be allocated among System units on the basis of need in a 
manner to be determined by the Director. 
(2) ALLOCATION OF FUNDS BASED ON EXPENSES AND BASED ON 
FEES COLLECTED.— 
(A) IN GENERAL.—Forty percent of the funds made available 
to the Director under subsection (a) in each fiscal year shall be 
allocated among System units in accordance with subparagraph 
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(B) of this subsection and 50 percent shall be allocated in accord-
ance with subparagraph (C). 
(B) ALLOCATION BASED ON EXPENSES.–The amount allocated 
to each System unit under this paragraph for each fiscal year 
based on expenses shall be a fraction of the total allocation to all 
System units under this paragraph. The fraction for each System 
unit shall be determined by dividing the operating expenses at that 
System unit during the prior fiscal year by the total operating ex-
penses at all System units during the prior fiscal year. 
(C) ALLOCATION BASED ON FEES COLLECTED.—The amount 
allocated to each System unit under this paragraph for each fiscal 
year based on fees collected shall be a fraction of the total alloca-
tion to all System units under this paragraph. The fraction for 
each System unit shall be determined by dividing the user fees and 
admission fees collected under this section at that System unit 
during the prior fiscal year by the total of user fees and admission 
fees collected under this section at all System units during the 
prior fiscal year. 
(3) AVAILABILITY OF AMOUNTS.—Amounts allocated under this sub-
section to any System unit for any fiscal year and not expended in that 
fiscal year shall remain available for expenditure at that System unit 
until expended. 
(c) SELLING OF PERMITS.— 
(1) AUTHORITY TO SELL PERMITS.—When authorized by the Sec-
retary, volunteers at System units may sell permits and collect fees au-
thorized or established pursuant to this section. The Secretary shall en-
sure that the volunteers have adequate training regarding— 
(A) the sale of permits and the collection of fees; 
(B) the purposes and resources of the System units in which 
they are assigned; and 
(C) the provision of assistance and information to visitors to the 
System unit. 
(2) SURETY BOND REQUIRED.—The Secretary shall require a surety 
bond for any such volunteer performing services under this subsection. 
Funds available to the Service may be used to cover the cost of the 
surety bond. The Secretary may enter into arrangements with qualified 
public or private entities pursuant to which the entities may sell (with-
out cost to the United States) annual admission permits (including 
Golden Eagle Passports) at any appropriate location. The arrange-
ments shall require each such entity to reimburse the United States for 
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the full amount to be received from the sale of the permits at or before 
the Secretary delivers the permits to the entity for sale. 
(d) CHARGE FOR TRANSPORTATION PROVIDED BY SERVICE FOR VIEWING 
SYSTEM UNITS.— 
(1) CHARGE WHEN TRANSPORTATION PROVIDED.—Where the Serv-
ice provides transportation to view all or a portion of any System unit, 
the Director may impose a charge for the service in lieu of an admis-
sion fee under this section. 
(2) RETENTION OF CHARGE AND USE OF RETAINED AMOUNT.—Not-
withstanding any other provision of law, half of the charges imposed 
under paragraph (1) shall be retained by the System unit at which the 
service was provided. The remainder shall be deposited 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 System unit where the charge was im-
posed. The remaining 50 percent of the retained amount shall be ex-
pended only for activities related to resource protection at those System 
units. 
(e) ADMISSION FEES.—Where the primary public access to a System unit 
is provided by a concessioner, the Secretary may charge an admission fee 
at the System unit only to the extent that the total of the fee charged by 
the concessioner for access to the System unit and the admission fee does 
not exceed the maximum amount of the admission fee thate could otherwise 
be imposed. 
(f) COMMERCIAL TOUR USE FEES.— 
(1) ESTABLISHMENT.—In the case of each System unit for which an 
admission fee is charged under this section, the Secretary shall estab-
lish a commercial tour use fee to be imposed on each vehicle entering 
the System unit for the purpose of providing commercial tour services 
within the System unit. 
(2) AMOUNT.—The Secretary shall establish the amount of fee per 
entry as follows: 
(A) Twenty-five dollars per vehicle with a passenger capacity of 
25 individual or less. 
(B) Fifty dollars per vehicle with a passenger capacity of more 
than 25 individuals. 
(3) ADJUSTMENTS.—The Secretary may periodically make reason-
able adjustments to the commercial tour use fee imposed under this 
subsection. 
(4) NONAPPLICABILITY.—The commercial tour use fee imposed 
under this subsection shall not apply to the following: 
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