Title 16ConservationRelease 119-73

§460l–13 Non-Federal administration of project land and water areas

Title 16 › Chapter CHAPTER 1— - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES › Subchapter SUBCHAPTER LXIX— - OUTDOOR RECREATION PROGRAMS › Part Part C— - Water Resources Projects › § 460l–13

Last updated Apr 6, 2026|Official source

Summary

If local or state public agencies sign a written promise before a project is approved to run the project lands for recreation or fish and wildlife under the approved plan and to pay at least half of the separable recreation costs, one-quarter of the separable fish and wildlife costs, and at least half of the operation, maintenance, and replacement costs, then the project’s recreation and fish/wildlife benefits are counted in the project’s economic benefits. Costs must be divided fairly among the project’s purposes, and the share charged to recreation or fish/wildlife can’t be more than the benefits from those uses or the least-cost way to provide them. Under that promise, the United States will pay no more than one-half of separable recreation costs, will pay three-quarters of separable fish and wildlife costs, and will pay all joint costs tied to those uses; federal payments do not have to be repaid. The local or state share can be paid in money, land, or facilities, or repaid with interest within 50 years after first use. Repayment may be limited to entrance or user fees if the fee plan will achieve repayment and is reviewed and renegotiated at least every 5 years.

Full Legal Text

Title 16, §460l–13

Conservation — Source: USLM XML via OLRC

(a)If, before authorization of a project, non-Federal public bodies indicate their intent in writing to agree to administer project land and water areas for recreation or fish and wildlife enhancement or for both of these purposes pursuant to the plan for the development of the project approved by the head of the agency having administrative jurisdiction over it and to bear not less than one-half the separable costs of the project allocated to recreation, and to bear one-quarter of such costs allocated to fish and wildlife enhancement and not less than one-half the costs of operation, maintenance, and replacement incurred therefor—
(1)the benefits of the project to said purpose or purposes shall be taken into account in determining the economic benefits of the project;
(2)costs shall be allocated to said purpose or purposes and to other purposes in a manner which will insure that all project purposes share equitably in the advantages of multiple-purpose construction: Provided, That the costs allocated to recreation or fish and wildlife enhancement shall not exceed the lesser of the benefits from those functions or the costs of providing recreation or fish and wildlife enhancement benefits or reasonably equivalent use and location by the least costly alternative means; and
(3)not more than one-half the separable costs of the project allocated to recreation and exactly three-quarters of such costs allocated to fish and wildlife enhancement and all the joint costs of the project allocated to recreation and fish and wildlife enhancement shall be borne by the United States and be nonreimbursable.
(b)The non-Federal share of the separable costs of the project allocated to recreation and fish and wildlife enhancement shall be borne by non-Federal interests, under either or both of the following methods as may be determined appropriate by the head of the Federal agency having jurisdiction over the project: (1) payment, or provision of lands, interests therein, or facilities for the project; or (2) repayment, with interest at a rate comparable to that for other interest-bearing functions of Federal water resource projects, within fifty years of first use of project recreation or fish and wildlife enhancement facilities: Provided, That the source of repayment may be limited to entrance and user fees or charges collected at the project by non-Federal interests if the fee schedule and the portion of fees dedicated to repayment are established on a basis calculated to achieve repayment as aforesaid and are made subject to review and renegotiation at intervals of not more than five years.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

1992—Subsec. (a). Pub. L. 102–575 substituted “not less than one-half the costs of operation” for “all the costs of operation” in introductory provisions. 1974—Subsec. (a). Pub. L. 93–251 substituted in text preceding item (1) “separable costs of the project allocated to recreation, and to bear one-quarter of such costs allocated to fish and wildlife enhancement” for “separable costs of the project allocated to either or both of said purposes, as the case may be” and in item (3) “separable costs of the project allocated to recreation and exactly three-quarters of such costs allocated to fish and wildlife enhancement” for “separable costs”, respectively.

Statutory Notes and Related Subsidiaries

Effective Date

of 1974 Amendment Pub. L. 93–251, title I, § 77(b), Mar. 7, 1974, 88 Stat. 33, provided that: “The

Amendments

made by this section [amending this section and section 460l–14 of this title] shall apply to all projects the

Construction

of which is not substantially completed on the date of enactment of this Act [Mar. 7, 1974].” Cost Sharing Requirements Pub. L. 93–251, title I, § 77(c), Mar. 7, 1974, 88 Stat. 33, provided that: “In the case of any project (1) authorized subject to specific cost-sharing requirements which were based on the same percentages as those established in the Federal Water Project Recreation Act [section 460l–12 et seq. of this title], and (2)

Construction

of which is not substantially completed on the date of enactment of this Act [Mar. 7, 1974], the cost-sharing requirements for such project shall be the same percentages as are established by the

Amendments

made by subsection (a) of this section [to subsec. (a) of this section and section 460l–14(b)(1) of this title] for projects which are subject to the Federal Water Project Recreation Act [section 460l–12 et seq. of this title].”

Reference

Citations & Metadata

Citation

16 U.S.C. § 460l–13

Title 16Conservation

Last Updated

Apr 6, 2026

Release point: 119-73