(1) to assist in preserving, developing, and ensuring accessibility to 
all citizens of the United States of present and future generations and 
visitors who are lawfully present within the boundaries of the United 
States 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 
(2) to strengthen the health and vitality of the citizens of the United 
States by— 
(A) providing funds for and authorizing Federal assistance to 
the States in planning, acquisition, and development of needed 
land and water areas and facilities; and 
(B) providing funds for the Federal acquisition and development 
of certain land and other areas. 
§ 105302. Definitions 
In this chapter: 
(1) FUND.—The term ‘‘Fund’’ means the Land and Water Con-
servation Fund established under section 105303 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. 
§ 105303. 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 105313 of this title. 
(c) AUTHORIZATION OF APPROPRIATIONS.— 
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(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-
ceipts under the Outer Continental Shelf Lands Act (43 U.S.C. 1331 
et seq.). 
(3) AVAILABILITY OF DEPOSITS.—Notwithstanding section 105303 
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. 
§ 105304. 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. 
§ 105305. 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, 
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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 
(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; 
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(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 
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 
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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: 
(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 System unit pursuant to a contract 
issued under subchapter II of chapter 1019 of this title. 
(5) APPLICABILITY.—This subsection shall apply to aircraft entering 
the airspace of— 
(A) Haleakala¯ Crater, Crater Cabins, the Scientific Research 
Reserve, Halemauu Trail, Kaupo Gap Trail, or any designated 
tourist viewpoint in Haleakala¯ National Park or of Grand Canyon 
National Park; or 
(B) any other System unit for the specific purpose of providing 
commercial tour services if the Secretary determines that the level 
of the services is equal to or greater than the level at the System 
units specified in subparagraph (A). 
§ 105306. Commercial filming 
(a) COMMERCIAL FILMING FEE.— 
(1) IN GENERAL.—The Secretary shall require a permit and shall es-
tablish a reasonable fee for commercial filming activities or similar 
projects on Federal land administered by the Secretary. The fee shall 
provide a fair return to the United States and shall be based on the 
following criteria: 
(A) The number of days the filming activity or similar project 
takes place on Federal land under the Secretary’s jurisdiction. 
(B) The size of the film crew present on Federal land under the 
Secretary’s jurisdiction. 
(C) The amount and type of equipment present. 
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(2) OTHER FACTORS TO BE INCLUDED.—The Secretary may include 
other factors in determining an appropriate fee as the Secretary con-
siders necessary. 
(b) RECOVERY OF COSTS.—The Secretary shall collect any costs incurred 
as a result of filming activities or similar project, including administrative 
and personnel costs. All costs recovered shall be in addition to the fee as-
sessed in subsection (a). 
(c) STILL PHOTOGRAPHY.— 
(1) IN GENERAL.—Except as provided in paragraph (2), the Sec-
retary shall not require a permit or assess a fee for still photography 
on land administered by the Secretary if the photography takes place 
where members of the public are generally allowed. The Secretary may 
require a permit, fee, or both, if the photography takes place at other 
locations where members of the public are generally not allowed, or 
where additional administrative costs are likely. 
(2) EXCEPTION.—The Secretary shall require and shall establish a 
reasonable fee for still photography that uses models or props that are 
not a part of the site’s natural or cultural resources or administrative 
facilities. 
(d) PROTECTION OF RESOURCES.—The Secretary shall not permit any 
filming, still photography or other related activity if the Secretary deter-
mines that— 
(1) there is a likelihood of resource damage; 
(2) there would be an unreasonable disruption of the public’s use 
and enjoyment of the site; or 
(3) the activity poses health or safety risks to the public. 
(e) USE OF PROCEEDS.— 
(1) IN GENERAL.—All fees collected under this section shall be avail-
able for expenditure by the Secretary, without further appropriation, in 
accordance with the formula and purposes established for the Rec-
reational Fee Demonstration Program authorized by section 315 of the 
Department of the Interior and Related Agencies Appropriations Act, 
1996 (110 Stat. 1321–200). All fees collected shall remain available 
until expended. 
(2) AVAILABLE FOR EXPENDITURE WHERE COLLECTED.—All costs 
recovered under this section shall be available for expenditure by the 
Secretary, without further appropriation, at the site where collected. All 
costs recovered shall remain available until expended. 
(f) PROCESSING OF PERMIT APPLICATIONS.—The Secretary shall estab-
lish a process to ensure that permit applicants for commercial filming, still 
photography, or other activity are responded to in a timely manner. 
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§ 105307. Statement of estimated requirements 
There shall be submitted with the annual budget of the United States a 
comprehensive statement of estimated requirements during the ensuing fis-
cal year for appropriations from the Fund. Not less than 40 percent of such 
appropriations shall be available for Federal purposes. 
§ 105308. Financial assistance to States 
(a) AUTHORITY OF SECRETARY TO MAKE PAYMENTS.—The Secretary 
may provide financial assistance to the States from amounts available for 
State purposes. Payments may be made to the States by the Secretary as 
provided in this section, subject to such terms and conditions as the Sec-
retary considers appropriate and in the public interest to carry out the pur-
poses of this chapter, for outdoor recreation: 
(1) Planning. 
(2) Acquisition of land, water, or interests in land or water. 
(3) Development. 
(b) APPORTIONMENT AMONG STATES.—Amounts appropriated and avail-
able for State purposes for each fiscal year shall be apportioned among the 
States by the Secretary, whose determination shall be final, in accordance 
with the following formula: 
(1) Forty percent of the first $225,000,000; 30 percent of the next 
$275,000,000; and 20 percent of all additional appropriations shall be 
apportioned equally among the States. 
(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 the Secretary’s judgment will best accomplish the pur-
poses of this chapter. The determination of need shall include a consid-
eration of—– 
(A) the proportion that the population of each State bears to 
the total population of the United States; 
(B) of the use of outdoor recreation resources of individual 
States by persons from outside the State; and 
(C) the Federal resources and programs in the particular 
States. 
(3) The total allocation to an individual State under paragraphs (1) 
and (2) shall not exceed 10 percent of the total amount allocated to 
the States in any one year. 
(4) The Secretary shall notify each State of its apportionments. The 
amounts shall be available for payment to the State for planning, ac-
quisition, or development projects as prescribed. Any amount of any 
apportionment that has not been paid or obligated by the Secretary 
during the fiscal year in which the notification is given and for 2 fiscal 
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years thereafter shall be reapportioned by the Secretary in accordance 
with paragraph (2) without regard to the 10 percent limitation to an 
individual State specified in this subsection. 
(5) For the purposes of paragraph (1), the District of Columbia, 
Puerto Rico, the Virgin Islands, Guam, American Samoa, and the 
Northern Mariana Islands shall be deemed to be one State, and shall 
receive shares of the apportionment in proportion to their populations.. 
(c) MATCHING REQUIREMENTS.—Payments to any State shall cover not 
more than 50 percent 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 funds or services as shall 
be satisfactory to the Secretary. 
(d) COMPREHENSIVE STATE PLAN.— 
(1) REQUIRED FOR CONSIDERATION OF FINANCIAL ASSISTANCE.—A 
comprehensive statewide outdoor recreation plan shall be required prior 
to the consideration by the Secretary of financial assistance for acquisi-
tion or development projects. The plan shall be adequate if, in the judg-
ment of the Secretary, it encompasses and will promote the purposes 
of this chapter. No plan shall be approved unless the chief executive 
officer of the State certifies that ample opportunity for public partici-
pation in plan development and revision has been accorded. The Sec-
retary shall develop, in consultation with others, criteria for public par-
ticipation, which criteria shall constitute the basis for the certification 
by the chief executive officer. The plan shall contain— 
(A) 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 chapter; 
(B) an evaluation of the demand for and supply of outdoor 
recreation resources and facilities in the State; 
(C) a program for the implementation of the plan; and 
(D) other necessary information, as determined by the Sec-
retary. 
(2) FACTORS TO BE CONSIDERED.—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 Secretary of Housing 
and Urban Development, any statewide outdoor recreation plan pre-
pared for purposes of this part shall be based upon the same popu-
lation, growth, and other pertinent factors as are used in formulating 
plans financed by the Secretary of Housing and Urban Development. 
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(3) PROVISION OF ASSISTANCE WHEN PLAN NOT OTHERWISE AVAIL-
ABLE OR TO MAINTAIN PLAN.—The Secretary may provide financial as-
sistance to any State for projects for the preparation of a comprehen-
sive statewide outdoor recreation plan when the plan is not otherwise 
available or for the maintenance of the plan. 
(4) WETLANDS.—A comprehensive statewide outdoor recreation plan 
shall specifically address wetlands within the 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, approves, as a part of and as an addendum to 
the existing comprehensive statewide outdoor recreation plan, a wet-
lands priority plan developed in consultation with the State agency with 
responsibility for fish and wildlife resources and consistent with the na-
tional wetlands priority conservation plan developed under section 301 
of the Emergency Wetlands Resources Act of 1986 (16 U.S.C. 3921) 
or, if the national plan has not been completed, consistent with the pro-
visions of that section. 
(e) PROJECTS FOR LAND AND WATER ACQUISITION.— 
(1) IN GENERAL.—In addition to assistance for planning projects, 
the Secretary may provide financial assistance to any State for the 
types of projects described in paragraphs (2) and (3), or combinations 
of those projects, if the projects are in accordance with the State com-
prehensive plan. 
(2) ACQUISITION OF LAND OR WATER.— 
(A) IN GENERAL.—Under paragraph (1), the Secretary may 
provide financial assistance for a project for the acquisition of 
land, water, or an interest in land or water, or a wetland area or 
an interest in a wetland area, as identified in the wetlands provi-
sions of the comprehensive plan (other than land, water, or an in-
terest in land or water acquired from the United States for less 
than fair market value), but not including incidental costs relating 
to acquisition. 
(B) RETENTION OF RIGHT OF USE AND OCCUPANCY.—When a 
State provides that the owner of a single-family residence may, at 
the owner’s option, elect to retain a right of use and occupancy 
for not less than 6 months after the date of acquisition of the resi-
dence and the owner elects to retain such a right— 
(i) the owner shall be deemed to have waived any benefits 
under sections 203 to 206 of the Uniform Relocation Assist-
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