104 
(i) endangered species and threatened species authorized 
under section 5(a) of the Endangered Species Act of 1973 
(16 U.S.C. 1534(a)); 
(ii) areas authorized by section 2 of the Refuge Recreation 
Act (16 U.S.C. 460k–1); 
(iii) national wildlife refuge areas under section 7(a)(4) of 
the Fish and Wildlife Act of 1956 (16 U.S.C. 742f(a)(4)) and 
wetlands acquired under section 304 of the Emergency Wet-
lands Resources Act of 1986 (16 U.S.C. 3922); and 
(iv) any area authorized for the National Wildlife Refuge 
System by specific Acts. 
(3) PAYMENT AS OFFSET OF CAPITAL COSTS.—Amounts shall be al-
lotted for payment into miscellaneous receipts of the Treasury as a par-
tial offset for capital costs, if any, of Federal water development 
projects authorized to be constructed by or pursuant to an Act of Con-
gress that are allocated to public recreation and the enhancement of 
fish and wildlife values and financed through appropriations to water 
resource agencies. 
(4) AVAILABILITY OF APPROPRIATIONS.—Appropriations allotted for 
the acquisition of land, water, or an interest in land or water as set 
forth under subparagraphs (A) and (B) of paragraph (2) shall be avail-
able for those acquisitions notwithstanding any statutory ceiling on the 
appropriations contained in any other provision of law enacted prior to 
January 4, 1977, or, in the case of national recreation areas, prior to 
January 15, 1979, except that for any such area expenditures shall not 
exceed a statutory ceiling during any one fiscal year by 10 percent of 
the ceiling or $1,000,000, whichever is greater. 
(b) ACQUISITION RESTRICTIONS.—Appropriations from the Fund pursu-
ant to this section shall not be used for acquisition unless the acquisition 
is otherwise authorized by law. Appropriations from the Fund may be used 
for preacquisition work where authorization is imminent and where substan-
tial monetary savings could be realized. 
(c) BOUNDARY CHANGES IN SYSTEM UNITS.— 
(1) IN GENERAL.—When the Secretary determines that to do so will 
contribute to, and is necessary for, the proper preservation, protection, 
interpretation, or management of a System unit, the Secretary may, 
following timely notice in writing to the Committee on Natural Re-
sources of the House of Representatives and the Committee on Energy 
and Natural Resources of the Senate of the Secretary’s intention to do 
so, and by publication of a revised boundary map or other description 
in the Federal Register— 
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(A) make minor revisions of the boundary of the System unit, 
and amounts appropriated from the Fund shall be available for ac-
quisition of any land, water, and interests in land or water added 
to the System unit by the boundary revision subject to such statu-
tory limitations, if any, on methods of acquisition and appropria-
tions thereof as may be specifically applicable to the System unit; 
and 
(B) acquire by donation, purchase with donated funds, transfer 
from any other Federal agency, or exchange, land, water, or inter-
ests in land or water adjacent to the System unit, except that in 
exercising the Secretary’s authority under this subparagraph the 
Secretary— 
(i) shall not alienate property administered as part of the 
System to acquire land by exchange; 
(ii) shall not acquire property without the consent of the 
owner; and 
(iii) may acquire property owned by a State or political 
subdivision of a State only by donation. 
(2) CONSULTATION.—Prior to making a determination under this 
subsection, the Secretary shall consult with the 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 im-
pacts of the proposed action. 
(3) ACTION TO ADVANCE LOCAL PUBLIC AWARENESS.—The Sec-
retary shall take such steps as the Secretary considers appropriate to 
advance local public awareness of the proposed action. 
(4) ADMINISTRATION OF ACQUISITIONS.—Land, water, and interests 
in land or water acquired in accordance with this subsection shall be 
administered as part of the System unit to which they are added, sub-
ject to the laws and regulations applicable thereto. 
(5) WHEN AUTHORITY APPLIES.—For the purposes of paragraph 
(1)(A), in all cases except the case of technical boundary revisions (re-
sulting from such causes as survey error or changed road alignments), 
the authority of the Secretary under paragraph (1)(A) shall apply only 
if each of the following conditions is met: 
(A) The sum of the total acreage of the land, water, and inter-
ests in land or water to be added to the System unit and the total 
acreage of the land, water, and interests in land or water to be 
deleted from the System unit is not more than 5 percent of the 
total Federal acreage authorized to be included in the System unit 
and is less than 200 acres. 
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(B) The acquisition, if any, is not a major Federal action sig-
nificantly affecting the quality of the human environment, as de-
termined by the Secretary. 
(C) The sum of the total appraised value of the land, water, and 
interests in land or water to be added to the System unit and the 
total appraised value of the land, water, and interests in land or 
water to be deleted from the System unit 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 obtains written consent for the boundary 
modification from all property owners whose land, water, or inter-
ests in land or water, or a portion of whose land, water, or inter-
ests in land or water, will be added to or deleted from the System 
unit by the boundary modification. 
(G) The land abuts other Federal land administered by the Di-
rector. 
(6) ACT OF CONGRESS REQUIRED.—Minor boundary revisions involv-
ing only deletions of acreage owned by the Federal Government and ad-
ministered by the Service may be made only by Act of Congress. 
§ 105310. Availability of Fund amounts for publicity pur-
poses 
(a) IN GENERAL.—Amounts derived from the sources listed in section 
105303 of this title shall not be available for publicity purposes. 
(b) EXCEPTION FOR TEMPORARY SIGNING.—In each case where signifi-
cant acquisition or development is initiated, appropriate standardized tem-
porary 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 Fund. The signing may indicate the percentage 
amounts and dollar amounts financed by Federal and non-Federal funds, 
and that the source of the funding includes amounts derived from Outer 
Continental Shelf receipts. The Secretary shall prescribe standards and 
guidelines for the usage of the signing to ensure consistency of design and 
application. 
§105311. Contracts for acquisition of land and water 
Not to exceed $30,000,000 of the amount authorized to be appropriated 
from the Fund by section 105304 of this title may be obligated by contract 
during each fiscal year for the acquisition of land, water, or interest in land 
or water within areas specified in section 105309(a)(2) of this title. The 
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contract may be executed by the head of the department concerned, within 
limitations prescribed by the Secretary. The contract shall be deemed a con-
tractual obligation of the United States and shall be liquidated with money 
appropriated from the fund specifically for liquidation of that contract obli-
gation. No contract may be entered into for the acquisition of property pur-
suant to this section unless the acquisition is otherwise authorized by Fed-
eral law. 
§ 105312. Contracts for options to acquire land and water in 
System 
The Secretary may enter into contracts for options to acquire land, water, 
or interests in land or water within the exterior boundaries of any area the 
acquisition of which is authorized by law for inclusion in the System. The 
minimum period of any such option shall be 2 years, and any sums ex-
pended for the purchase thereof shall be credited to the purchase price of 
the area. Not to exceed $500,000 of the sum authorized to be appropriated 
from the Fund by section 105304 of this title may be expended by the Sec-
retary in any one fiscal year for the options. 
§ 105313. Transfers to and from Fund 
(a) MOTORBOAT FUEL TAXES.—There shall be set aside in the Fund the 
amounts specified in section 9503(c)(4)(B) of the Internal Revenue Code of 
1986 (26 U.S.C. 9503(c)(4)(B)). 
(b) REFUNDS OF TAXES.—There shall be paid from time to time from 
the 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, 2012, under section 6421 of 
the Internal Revenue Code of 1986 (26 U.S.C. 6421) with respect to 
gasoline used after December 31, 1964, in motorboats, on the basis of 
claims filed for periods ending before October 1, 2011; and 
(2) 80 percent of the floor stocks refunds made before October 1, 
2012, under section 6412(a)(1) of the Internal Revenue Code of 1986 
(26 U.S.C. 6412(a)(1)) with respect to gasoline to be used in motor-
boats. 
CHAPTER 1055—URBAN PARK AND RECREATION 
RECOVERY PROGRAM 
Sec. 
105501.
Findings. 
105502.
Purposes. 
105503.
Definitions. 
105504.
Federal assistance grants. 
105505.
Rehabilitation and innovation grants. 
105506.
Recovery action programs. 
105507.
State action. 
105508.
Non-Federal share of project costs. 
105509.
Conversion of recreation property. 
105510.
Coordination of program. 
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