dreamproit/uscode huggingface dataset:
16 U.S.C. § 460l–4 (CONSERVATION)
§ 460l–4. Land and water conservation provisions; statement of purposes
The purposes of this part are to assist in preserving, developing, and assuring accessibility to all citizens of the United States of America of present and future generations and visitors who are lawfully present within the boundaries of the United States of America 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 to strengthen the health and vitality of the citizens of the United States by (1) providing funds for and authorizing Federal assistance to the States in planning, acquisition, and development of needed land and water areas and facilities and (2) providing funds for the Federal acquisition and development of certain lands and other areas.
(Pub. L. 88–578, title I, § 1(b), Sept. 3, 1964, 78 Stat. 897.)
heading: References in Text
text: This part, referred to in text, was in the original “this Act”, meaning Pub. L. 88–578, Sept. 3, 1964, 78 Stat. 897, which is classified principally to this part. For complete classification of this Act to the Code, see Short Title note below and Tables.
heading: Effective Date
text: Pub. L. 88–578, title I, § 1(a), Sept. 3, 1964, 78 Stat. 897, provided in part that: “This Act [see Short Title note below] shall become effective on January 1, 1965.”
heading: Short Title
text: Pub. L. 88–578, title I, § 1(a), Sept. 3, 1964, 78 Stat. 897, provided in part that: “This Act [enacting this part, amending section 460d, repealing section 14 of this title, and amending provisions set out as a note under section 120 of Title 23, Highways] may be cited as the ‘Land and Water Conservation Fund Act of 1965’.”
heading: Survey of Entrance and User Fees
text: Secretary of the Interior required by section 4 of Pub. L. 91–308, July 7, 1970, 84 Stat. 410 to complete a survey as to policy to be implemented with regard to entrance and user fees and to report his findings to Senate and House Committees on Interior and Insular Affairs on or before Feb. l, 1971.
16 U.S.C. § 460l–5a (CONSERVATION)
§ 460l–5a. Repealed. Pub. L. 100–203, title V, § 5201(d)(1), Dec. 22, 1987, 101 Stat. 1330–266
text: Section, Pub. L. 96–514, title I, § 100, Dec. 12, 1980, 94 Stat. 2960, provided for revenues received from recreation fee collections by Federal agencies to be paid into the Land and Water Conservation Fund and to be available for appropriation for any and all authorized purposes.
heading: Recreation Use Fees Collected and Deposited in United States Treasury by Corps of Engineers
text: Pub. L. 97–88, title I, § 100, Dec. 4, 1981, 95 Stat. 1136, related to special recreation use fees collected by, and deposited in the Treasury by the Corps of Engineers, prior to repeal by Pub. L. 100–203, title V, § 5201(d)(3), Dec. 22, 1987, 101 Stat. 1330–267.
16 U.S.C. § 460l–6 (CONSERVATION)
§ 460l–6. Appropriations for expenditure of land and water conservation fund moneys; transfers to miscellaneous receipts of Treasury
Moneys covered into the fund shall be available for expenditure for the purposes of this part only when appropriated therefor. Such appropriations may be made without fiscal-year limitation. Moneys made available for obligation or expenditure from the fund or from the special account established under section 460l–6a(i)(1) 1 of this title may be obligated or expended only as provided in this part.
(Pub. L. 88–578. title I, § 3, Sept. 3, 1964, 78 Stat. 899; Pub. L. 100–203, title V, § 5201(f)(2), Dec. 22, 1987, 101 Stat. 1330–267.)
heading: References in Text
text: This part, referred to in text, was in the original “this Act”, meaning Pub. L. 88–578, Sept. 3, 1964, 78 Stat. 897, which is classified principally to this part. For complete classification of this Act to the Code, see Short Title note set out under section 460l–4 of this title and Tables.
Section 460l–6a(i)(1) of this title, referred to in text, was repealed, with the exception of subpar. (C) of subsec. (i)(1), by Pub. L. 108–447, div. J, title VIII, § 813(a), Dec. 8, 2004, 118 Stat. 3390, as amended by Pub. L. 109–54, title I, § 132(a), Aug. 2, 2005, 119 Stat. 526.
heading: Amendments
text: 1987—Pub. L. 100–203 amended last sentence generally. Prior to amendment, last sentence read as follows: “Moneys covered into this fund not subsequently authorized by the Congress for expenditures within two fiscal years following the fiscal year in which such moneys had been credited to the fund, shall be transferred to miscellaneous receipts of the Treasury.”
16 U.S.C. § 460l–6c (CONSERVATION)
§ 460l–6c. Admission, entrance, and recreation fees
(a) Definitions
As used in this section:
(1) Area of concentrated public use
The term “area of concentrated public use” means an area administered by the Secretary that meets each of the following criteria:
(A) The area is managed primarily for outdoor recreation purposes.
(B) Facilities and services necessary to accommodate heavy public use are provided in the area.
(C) The area contains at least 1 major recreation attraction.
(D) Public access to the area is provided in such a manner that admission fees can be efficiently collected at 1 or more centralized locations.
(2) Boat launching facility
The term “boat launching facility” includes any boat launching facility, regardless of whether specialized facilities or services, such as mechanical or hydraulic boat lifts or facilities, are provided.
(3) Campground
The term “campground” means any campground where a majority of the following amenities are provided, as determined by the Secretary:
(A) Tent or trailer spaces.
(B) Drinking water.
(C) An access road.
(D) Refuse containers.
(E) Toilet facilities.
(F) The personal collection of recreation use fees by an employee or agent of the Secretary.
(G) Reasonable visitor protection.
(H) If campfires are permitted in the campground, simple devices for containing the fires.
(4) Secretary
The term “Secretary” means the Secretary of Agriculture.
(b) Authority to impose fees
The Secretary may charge—
(1) admission or entrance fees at national monuments, national volcanic monuments, national scenic areas, and areas of concentrated public use administered by the Secretary; and
(2) recreation use fees at lands administered by the Secretary in connection with the use of specialized outdoor recreation sites, equipment, services, and facilities, including visitors’ centers, picnic tables, boat launching facilities, and campgrounds.
(c) Amount of fees
The amount of the admission, entrance, and recreation fees authorized to be imposed under this section shall be determined by the Secretary.
(Pub. L. 103–66, title I, § 1401, Aug. 10, 1993, 107 Stat. 331.)
heading: Codification
text: Section was enacted as part of the Agricultural Reconciliation Act of 1993 and as part of the Omnibus Budget Reconciliation Act of 1993, and not as part of the Land and Water Conservation Fund Act of 1965 which comprises this part.
16 U.S.C. § 460l–10 (CONSERVATION)
§ 460l–10. Availability of land and water conservation fund for publicity purposes; standardized temporary signing; standards and guidelines
Moneys derived from the sources listed in section 460l–5 of this title shall not be available for publicity purposes: Provided, however, That in each case where significant acquisition or development is initiated, appropriate standardized temporary 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 Land and Water Conservation Fund. Such signing may indicate the per centum and dollar amounts financed by Federal and non-Federal funds, and that the source of the funding includes moneys derived from Outer Continental Shelf receipts. The Secretary shall prescribe standards and guidelines for the usage of such signing to assure consistency of design and application.
(Pub. L. 88–578, title I, § 8, formerly § 7, Sept. 3, 1964, 78 Stat. 903; renumbered § 8, Pub. L. 92–347, § 2, July 11, 1972, 86 Stat. 459; amended Pub. L. 94–422, title I, § 101(5), Sept. 28, 1976, 90 Stat. 1318.)
heading: Prior Provisions
text: A prior section 8 of Pub. L. 88–578 was renumbered section 9 and is classified to section 460l–10a of this title.
heading: Amendments
text: 1976—Pub. L. 94–422 inserted proviso that temporary standardized signs shall be placed at or near any acquisition or development project undertaken through use of the fund and that the Secretary is to determine the standards and guidelines of such signing.
16 U.S.C. § 460l–10b (CONSERVATION)
§ 460l–10b. Contracts for options to acquire lands and waters in national park system
The Secretary of the Interior may enter into contracts for options to acquire lands, waters, or interests therein within the exterior boundaries of any area the acquisition of which is authorized by law for inclusion in the national park system. The minimum period of any such option shall be two years, and any sums expended for the purchase thereof shall be credited to the purchase price of said area. Not to exceed $500,000 of the sum authorized to be appropriated from the fund by section 460l–6 of this title may be expended by the Secretary in any one fiscal year for such options.
(Pub. L. 88–578, title I, § 10, formerly § 9, as added Pub. L. 90–401, § 4, July 15, 1968, 82 Stat. 355; renumbered § 10, Pub. L. 92–347, § 2, July 11, 1972, 86 Stat. 459.)
heading: Prior Provisions
text: A prior section 10 of Pub. L. 88–578 was renumbered section 11 and is classified to section 460l–10c of this title.
16 U.S.C. § 460l–10c (CONSERVATION)
§ 460l–10c. Repeal of provisions prohibiting collection of recreation fees or user charges
All other provisions of law that prohibit the collection of entrance, admission, or other recreation user fees or charges authorized by this part or that restrict the expenditure of funds if such fees or charges are collected are hereby also repealed: Provided, That no provision of any law or treaty which extends to any person or class of persons a right of free access to the shoreline of any reservoir or other body of water, or to hunting and fishing along or on such shoreline, shall be affected by this repealer.
(Pub. L. 88–578, title I, § 11, formerly § 2(a) (in part), Sept. 3, 1964, 78 Stat. 899; renumbered § 10, Pub. L. 90–401, § 1(a), July 15, 1968, 82 Stat. 354; renumbered § 11, Pub. L. 92–347, § 2, July 11, 1972, 86 Stat. 459.)
heading: References in Text
text: This part, referred to in text, was in the original “this Act”, meaning Pub. L. 88–578, Sept. 3, 1964, 78 Stat. 897, which is classified principally to this part. For complete classification of this Act to the Code, see Short Title note set out under section 460l–4 of this title and Tables.
heading: Codification
text: In addition to the text set out in the section above, the original contained provisions directing the repeal of section 14 of this title and the deletion of “, without charge,” in the sentence of section 460d of this title beginning “The water areas of all such projects shall be open to public use generally”. The repeals and deletions called for by those provisions were executed as thus directed so that those provisions have been omitted from the text as executed.
Section formerly constituted the fourth paragraph of section 2(a) of Pub. L. 88–578 which was classified to section 460l–5(a) of this title. The paragraph was lifted out of section 2(a) and redesignated section 10 by section 1(a) of Pub. L. 90–401, which, for purposes of classification, resulted in the designation of the paragraph as section 460l–10c of this title [this section].
heading: Effective Date
text: Section effective Jan. 1, 1965, see note set out under section 460l–4 of this title. Transfer of the provisions of this section from section 460l–5(a) of this title to this section effective Dec. 31, 1971, see section 1(d) of Pub. L. 90–401, as amended by section 1 of Pub. L. 91–308, set out as an Effective Date of 1968 Amendment note under section 460l–5 of this title.
16 U.S.C. § 460l–10d (CONSERVATION)
§ 460l–10d. Review and report; submittal to Congressional committees; contents
Within one year of September 28, 1976, the Secretary is authorized and directed to submit to the Committees on Interior and Insular Affairs of the Senate and House of Representatives a comprehensive review and report on the needs, problems, and opportunities associated with urban recreation in highly populated regions, including the resources potentially available for meeting such needs. The report shall include site specific analyses and alternatives, in a selection of geographic environments representative of the Nation as a whole, including, but not limited to, information on needs, local capabilities for action, major site opportunities, trends, and a full range of options and alternatives as to possible solutions and courses of action designed to preserve remaining open space, ameliorate recreational deficiency, and enhance recreational opportunity for urban populations, together with an analysis of the capability of the Federal Government to provide urban-oriented environmental education programs (including, but not limited to, cultural programs in the arts and crafts) within such options. The Secretary shall consult with, and request the views of, the affected cities, counties, and States on the alternatives and courses of action identified.
(Pub. L. 88–578, title I, § 12, as added Pub. L. 94–422, title I, § 101(6), Sept. 28, 1976, 90 Stat. 1318.)
heading: Change of Name
text: Committee on Interior and Insular Affairs of the Senate abolished and replaced by Committee on Energy and Natural Resources of the Senate, effective Feb. 11, 1977. See Rule XXV of Standing Rules of the Senate, as amended by Senate Resolution No. 4 (popularly cited as the “Committee System Reorganization Amendments of 1977”), approved Feb. 4, 1977.
Committee on Interior and Insular Affairs of the House of Representatives changed to Committee on Natural Resources of the House of Representatives on Jan. 5, 1993, by House Resolution No. 5, One Hundred Third Congress.
16 U.S.C. § 460l–12 (CONSERVATION)
§ 460l–12. Recreation and fish and wildlife benefits of Federal multiple-purpose water resources projects; Congressional declaration of policy
It is the policy of the Congress and the intent of this part (a) in investigating and planning any Federal navigation, flood control, reclamation, hydroelectric, or multiple-purpose water resource project, full consideration shall be given to the opportunities, if any, which the project affords for outdoor recreation and for fish and wildlife enhancement and that, wherever any such project can reasonably serve either or both of these purposes consistently with the provisions of this part, it shall be constructed, operated, and maintained accordingly; (b) planning with respect to the development of the recreation potential of any such project shall be based on the coordination of the recreational use of the project area with the use of existing and planned Federal, State, or local public recreation developments; and (c) project construction agencies shall encourage non-Federal public bodies to administer project land and water areas for recreation and fish and wildlife enhancement purposes and operate, maintain, and replace facilities provided for those purposes unless such areas or facilities are included or proposed for inclusion within a national recreation area, or are appropriate for administration by a Federal agency as a part of the national forest system, as a part of the public lands classified for retention in Federal ownership, or in connection with an authorized Federal program for the conservation and development of fish and wildlife.
(Pub. L. 89–72, § 1, July 9, 1965, 79 Stat. 213.)
heading: References in Text
text: This part, referred to in text, was in the original “this Act”, meaning Pub. L. 89–72, which enacted sections 460l–12 to 460l–21 of this title and amended sections 460l–5(a) and 662(d) of this title.
heading: Short Title
text: Pub. L. 89–72, § 12, July 9, 1965, 79 Stat. 218, provided: “This Act [enacting this section and sections 460l–13 to 460l–21 of this title and amending sections 460l–5(a) and 662(d) of this title], may be cited as the ‘Federal Water Project Recreation Act’.”
16 U.S.C. § 460l–15 (CONSERVATION)
§ 460l–15. Lease of facilities and lands to non-Federal public bodies
At projects, the construction of which has commenced or been completed as of July 9, 1965, where non-Federal public bodies agree to administer project land and water areas for recreation and fish and wildlife enhancement purposes and to bear the 1 not less than one-half the costs of operation, maintenance, and replacement of existing facilities serving those purposes, such facilities and appropriate project lands may be leased to non-Federal public bodies.
(Pub. L. 89–72, § 4, July 9, 1965, 79 Stat. 215; Pub. L. 102–575, title XXVIII, § 2804(c), Oct. 30, 1992, 106 Stat. 4691.)
heading: Amendments
text: 1992—Pub. L. 102–575 substituted “not less than one-half the costs of operation” for “costs of operation”.
16 U.S.C. § 460l–20 (CONSERVATION)
§ 460l–20. Construction of projects under certain laws with allocations to recreation and fish and wildlife enhancement exceeding allocations to other functions unauthorized; exception
Nothing contained in this part shall be taken to authorize or to sanction the construction under the Federal reclamation laws or under any Rivers and Harbors or Flood Control Act of any project in which the sum of the allocations to recreation and fish and wildlife enhancement exceeds the sum of the allocations to irrigation, hydroelectric power, municipal, domestic and industrial water supply, navigation, and flood control, except that this section shall not apply to any such project for the enhancement of anadromous fisheries, shrimp, or for the conservation of migratory birds protected by treaty, when each of the other functions of such a project has, of itself, a favorable benefit-cost ratio.
(Pub. L. 89–72, § 9, July 9, 1965, 79 Stat. 217.)
heading: References in Text
text: This part, referred to in text, was in the original “this Act”, meaning Pub. L. 89–72, which enacted sections 460l–12 to 460l–21 of this title and amended sections 460l–5(a) and 662(d) of this title.
Rivers and Harbors or Flood Control Act, referred to in text, is classified principally to Title 33, Navigation and Navigable Waters.
16 U.S.C. § 460l–21 (CONSERVATION)
§ 460l–21. Definitions
As used in this part:
(a) The term “project” shall mean a project or any appropriate unit thereof.
(b) The term “separable costs,” as applied to any project purpose, means the difference between the capital cost of the entire multiple-purpose project and the capital cost of the project with the purpose omitted.
(c) The term “joint costs” means the difference between the capital cost of the entire multiple-purpose project and the sum of the separable costs for all project purposes.
(d) The term “feasibility report” shall mean any report of the scope required by the Congress when formally considering authorization of the project of which the report treats.
(e) The term “capital cost” includes interest during construction, wherever appropriate.
(Pub. L. 89–72, § 10, July 9, 1965, 79 Stat. 218.)
heading: References in Text
text: This part, referred to in text, was in the original “this Act”, meaning Pub. L. 89–72, which enacted sections 460l–12 to 460l–21 of this title and amended sections 460l–5(a) and 662(d) of this title.
16 U.S.C. § 460l–31 (CONSERVATION)
§ 460l–31. Findings
The Congress finds and declares the following:
(1) There is a Federal responsibility to provide opportunities for public recreation at Federal water projects.
(2) Some provisions of the Federal Water Project Recreation Act [16 U.S.C. 460l–12 et seq.] are outdated because of increases in demand for outdoor recreation and changes in the economic climate for recreation managing entities.
(3) Provisions of such Act relating to non-Federal responsibility for all costs of operation, maintenance, and replacement of recreation facilities result in an unfair burden, especially in cases where the facilities are old or underdesigned.
(4) Provisions of such Act that limit the Federal share of recreation facility development at water projects completed before 1965 to $100,000 preclude a responsible Federal share in providing adequate opportunities for safe outdoor recreation.
(5) There should be Federal authority to expand existing recreation facilities to meet public demand, in partnership with non-Federal interests.
(6) Nothing in this part changes the responsibility of the Bureau to meet the purposes for which Federal Reclamation projects were initially authorized and constructed.
(7) It is therefore in the best interest of the people of this Nation to amend the Federal Water Project Recreation Act [16 U.S.C. 460l–12 et seq.] to remove outdated restrictions and authorize the Secretary of the Interior to undertake specific measures for the management of Reclamation lands.
(Pub. L. 102–575, title XXVIII, § 2802, Oct. 30, 1992, 106 Stat. 4690.)
heading: References in Text
text: The Federal Water Project Recreation Act, referred to in pars. (2) to (4) and (7), is Pub. L. 89–72, July 9, 1965, 79 Stat. 213, as amended, which is classified principally to part C (§ 460l–12 et seq.) of this subchapter. For complete classification of this Act to the Code, see Short Title note set out under section 460l–12 of this title and Tables.
This part, referred to in par. (6), was in the original “this title”, meaning title XXVIII of Pub. L. 102–575, Oct. 30, 1992, 106 Stat. 4690, which enacted sections 460l–31 to 460l–34 of this title and amended sections 460l–13 to 460l–15 and 460l–18 of this title.
heading: Short Title
text: Pub. L. 102–575, title XXVIII, § 2801, Oct. 30, 1992, 106 Stat. 4690, provided that: “This title [enacting this part and amending sections 460l–13 to 460l–15 and 460l–18 of this title] may be cited as the ‘Reclamation Recreation Management Act of 1992’.”
16 U.S.C. § 460l–32 (CONSERVATION)
§ 460l–32. Definitions
For the purposes of this part:
(1) The term “Reclamation lands” means real property administered by the Secretary, acting through the Commissioner of Reclamation, and includes all acquired and withdrawn lands and water areas under jurisdiction of the Bureau.
(2) The term “Reclamation program” means any activity authorized under the Federal reclamation laws (the Act of June 17, 1902 (32 Stat. 388, chapter 1093; 43 U.S.C. 371)),1 and Acts supplementary thereto and amendatory thereof).
(3) The term “Reclamation project” means any water supply or water delivery project constructed or administered by the Bureau of Reclamation under the Federal reclamation laws (the Act of June 17, 1902 (32 Stat. 388, chapter 1093; 43 U.S.C. 371),2 and Acts supplementary thereto and amendatory thereof).
(4) The term “Secretary” means the Secretary of the Interior.
(Pub. L. 102–575, title XXVIII, § 2803, Oct. 30, 1992, 106 Stat. 4691.)
heading: References in Text
text: This part, referred to in text, was in the original “this title”, meaning title XXVIII of Pub. L. 102–575, Oct. 30, 1992, 106 Stat. 4690, which enacted sections 460l–31 to 460l–34 of this title and amended sections 460l–13 to 460l–15 and 460l–18 of this title.
Act of June 17, 1902, referred to in pars. (2) and (3), is act June 17, 1902, ch. 1093, 32 Stat. 388, popularly known as the Reclamation Act, which is classified generally to chapter 12 (§ 371 et seq.) of Title 43, Public Lands. However, section 371 of Title 43 is act Dec. 5, 1924, ch. 4, § 4, subsec. A, 43 Stat. 701. For complete classification of act June 17, 1902, to the Code, see Short Title note set out under section 371 of Title 43 and Tables.