§460l–14 Facilities or project modifications to be provided without written indication of intent

Summary

Federal projects cannot build recreation or fish and wildlife improvements unless a required written notice of intent was given earlier, except in two cases. One exception is when the work is needed for other main project purposes and can be justified without counting any incidental recreation or wildlife benefits. The other is for minimum facilities needed for public health and safety at access points on existing roads or on roads built for managing the project. When benefits are counted in these cases, they must be based on the number of visitor‑days expected without the new facilities and the value per visitor‑day without them. Costs allocated to recreation or wildlife on that basis will not be reimbursed. Even without the earlier notice, land can be set aside after the project starts if a non‑Federal public body signs an agreement to manage the land under the project’s approved plan and to pay at least one‑half of recreation costs, one‑quarter of fish and wildlife enhancement costs, and not less than one‑half of planning, operation, maintenance, and replacement costs tied to those uses; the remaining costs under this paragraph will not be reimbursed and joint project costs cannot be reallocated to recreation or wildlife. If no such agreement is signed within 10 years after the project begins, the agency in charge may use, sell (to the prior owner or their heirs at appraised value), transfer, lease, or otherwise dispose of the land (including transfer to the General Services Administrator) if no sale is made within 90 days, but never for purposes that conflict with the project and with preference for uses that preserve or do not harm recreation and wildlife potential. A recreation facility may be expanded if it is inadequate and a non‑Federal public body agrees to administer it under the approved plan and to pay not less than one‑half of planning and capital costs and not less than one‑half of the added operation, maintenance, and replacement costs; the Federal share may not exceed 50 percent of the expansion cost.