§460l–17 — Title 16 Conservation | U.S. Code

Summary

The Interior Department must put its views about outdoor recreation into any project report. The report must say whether the planned recreation and fish and wildlife work fits the State’s comprehensive plan. Only up to $28,000,000 may be spent to buy land for migratory waterfowl refuges at federal water projects when the land would not otherwise have been bought. That cap does not apply to costs that fix harm to waterfowl caused by the project. The rules in this part do not apply to the Tennessee Valley Authority or to projects under the Small Reclamation Projects Act or the Watershed Protection and Flood Prevention Act. Certain project types (like local nonreservoir flood control, beach erosion control, small boat harbors, hurricane protection, and areas set for national recreation, national forests, retained public lands, or fish and wildlife programs) are also excluded from some other rules. Calling a cost “nonreimbursable” does not stop agencies from charging entrance or user fees. A rule in another law about cost recovery does not apply to recreation and fish and wildlife costs the United States pays as nonreimbursable under this part. Payments by non‑Federal public bodies go to the U.S. Treasury as miscellaneous receipts, and money from selling or leasing lands under the part goes into the Land and Water Conservation Fund.

Title 16, §460l–17

Conservation — Source: USLM XML via OLRC

(a)The views of the Secretary of the Interior developed in accordance with section 200104 of title 54, with respect to the outdoor recreation aspects shall be set forth in any report of any project or appropriate unit thereof within the purview of this part. Such views shall include a report on the extent to which the proposed recreation and fish and wildlife development conforms to and is in accord with the State comprehensive plan developed pursuant to section 200305(d) of title 54.

(b)

(c)Expenditures for lands or interests in lands hereafter acquired by project construction agencies for the establishment of migratory waterfowl refuges recommended by the Secretary of the Interior at Federal water resource projects, when such lands or interests in lands would not have been acquired but for the establishment of a migratory waterfowl refuge at the project, shall not exceed $28,000,000: Provided, That the aforementioned expenditure limitation in this subsection shall not apply to the costs of mitigating damages to migratory waterfowl caused by such water resource project.

(d)This part shall not apply to the Tennessee Valley Authority, but the Authority is authorized to recognize and provide for recreational and other public uses at any dams and reservoirs heretofore or hereafter constructed in a manner consistent with the promotion of navigation, flood control, and the generation of electrical energy, as otherwise required by law, nor to projects constructed under authority of the Small Reclamation Projects Act, as amended [43 U.S.C. 422a et seq.], or under authority of the Watershed Protection and Flood Prevention Act, as amended [16 U.S.C. 1001 et seq.].

(e)section 460l–13, 460l–14, 460l–15, and 460l–16 of this title shall not apply to nonreservoir local flood control projects, beach erosion control projects, small boat harbor projects, hurricane protection projects, or to project areas or facilities authorized by law for inclusion within a national recreation area or 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.

(f)As used in this part, the term “nonreimbursable” shall not be construed to prohibit the imposition of entrance, admission, and other recreation user fees or charges.

(g)section 11 So in original. Probably should be capitalized. 200306(a)(3) of title 54 shall not apply to costs allocated to recreation and fish and wildlife enhancement which are borne by the United States as a nonreimbursable project cost pursuant to section 460l–13(a) or section 460l–14(b)(1) of this title.

(h)All payments and repayment by non-Federal public bodies under the provisions of this part shall be deposited in the Treasury as miscellaneous receipts, and revenue from the conveyance by deed, lease, or otherwise, of lands under section 460l–14(b)(2) of this title shall be deposited in the Land and Water Conservation Fund.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This part, referred to in subsecs. (a), (d), (f), and (h), was in the original “this Act”, meaning Pub. L. 89–72, which enacted sections 460l–12 to 460l–21 of this title and amended former section 460l–5(a) and section 662(d) of this title. The Small Reclamation Projects Act, referred to in subsec. (d), is act Aug. 6, 1956, ch. 972, 70 Stat. 1044, which is classified generally to subchapter IV (§ 422a et seq.) of chapter 12 of Title 43, Public Lands. For complete classification of this Act to the Code, see section 422k of Title 43 and Tables. The Watershed Protection and Flood Prevention Act, referred to in subsec. (d), is act Aug. 4, 1954, ch. 656, 68 Stat. 666, which is classified principally to chapter 18 (§ 1001 et seq.) of this title. For complete classification of this Act to the Code, see

Short Title

note set out under section 1001 of this title and Tables. Codification In subsec. (a), “section 200104 of title 54” substituted for “section 3 of the Act of May 28, 1963 (77 Stat. 49)” on authority of Pub. L. 113–287, § 6(e), Dec. 19, 2014, 128 Stat. 3272, which Act enacted Title 54, National Park Service and Related Programs. Subsec. (b) of this section amended section 662(d) of this title.

Amendments

2014—Subsec. (a). Pub. L. 113–287, § 5(d)(1)(A), substituted “section 200305(d) of title 54” for “section 460l–8(d) of this title”. Subsec. (g). Pub. L. 113–287, § 5(d)(1)(B), substituted “section 200306(a)(3) of title 54” for “section 460l–9(a)(2) of this title”. 1976—Subsec. (d). Pub. L. 94–576 authorized recreational and other public uses at dams and reservoirs consistent with promotion of navigation, flood control, and generation of electrical energy.

§460l–17 Miscellaneous provisions