§200302 Establishment of Land and Water Conservation Fund

2020—Subsec. (c)(3). Pub. L. 116–152 struck out par. (3). Text read as follows: “Notwithstanding section 200303 of this title, money deposited in the Fund under this subsection shall remain in the Fund until appropriated by Congress to carry out this chapter.” 2019—Subsec. (b). Pub. L. 116–9, § 3001(a)(1), substituted “There” for “During the period ending

September 30, 2018, there” in introductory provisions. Subsec. (c)(1). Pub. L. 116–9, § 3001(a)(2), struck out “through

September 30, 2018” after “each fiscal year”. 2015—Subsec. (b). Pub. L. 114–113, § 801(a)(1), substituted “

September 30, 2018” for “

September 30, 2015” in introductory provisions. Subsec. (c)(1). Pub. L. 114–113, § 801(a)(2), substituted “

September 30, 2018” for “

September 30, 2015”.

Establishment and Collection of Use or Royalty Fees for Manufacture, Reproduction, or Use of “Golden Eagle Insignia”Pub. L. 92–347, § 3(a),

July 11, 1972, 86 Stat. 461, provided that: “The Secretary of the Interior may establish and collect use or royalty fees for the manufacture, reproduction, or use of ‘The Golden Eagle Insignia’, originated by the Department of the Interior and announced in the

December 3, 1970, issue of the Federal Register (35 Federal Register 18376) as the official symbol for Federal recreation areas designated for recreation fee collection. Any fees collected pursuant to this subsection shall be covered into the Land and Water Conservation Fund.” Termination of Rights in “Golden Eagle Insignia”Pub. L. 92–347, § 3(d),

July 11, 1972, 86 Stat. 462, provided that: “The rights in ‘The Golden Eagle Insignia’ under this Act [see Tables for classification], shall terminate if the use by the Secretary of the Interior of ‘The Golden Eagle Insignia’ is abandoned. Nonuse for a continuous period of two years shall constitute abandonment.”

Ex. Ord. No. 11200. Establishment of Recreation User Fees Ex. Ord. No. 11200, Feb. 26, 1965, 30 F.R. 2645, provided: WHEREAS it is desirable that all American people of present and future generations be assured adequate outdoor recreation resources, and it is desirable for all levels of government and private interests to take prompt and coordinated action to the extent practicable without diminishing or affecting their respective powers and functions to conserve, develop, and utilize such resources for the benefit and enjoyment of the American people; and WHEREAS these resources are to a considerable extent located on lands administered by the Federal Government through the National Park Service, the Bureau of Land Management, the Bureau of Sport Fisheries and Wildlife, the Bureau of Reclamation, the Forest Service, the Corps of Engineers, the Tennessee Valley Authority and the United States Section of the International Boundary and Water Commission (United States and Mexico); and WHEREAS the Act of

May 28, 1963, 77 Stat. 49 [see 54 U.S.C. 200101 et seq.], vested the Secretary of the Interior with legal authority to promote coordination of Federal plans and activities generally relating to outdoor recreation; and WHEREAS it is fair and equitable that the users of certain recreation areas and facilities managed by such agencies pay a reasonable fee for the recreation benefits received; and WHEREAS it is desirable to establish uniformity of practices among such Federal agencies regarding recreation user fees and related matters; and WHEREAS the Congress, recognizing the need for urgent and effective action in this regard, enacted the Land and Water Conservation Fund Act of 1965, Public Law 88–578; 78 Stat. 897 [see 54 U.S.C. 200301 et seq.] (hereafter in this order referred to as “the Act”); NOW, THEREFORE, by virtue of the authority vested in me by the Act, by Section 301 of title 3 of the United States Code, and as President of the United States, it is ordered as follows: section 1. Designation of areas for 1965. (a) All areas administered by the National Park Service, Bureau of Land Management, Bureau of Sport Fisheries and Wildlife, Bureau of Reclamation, Forest Service, Corps of Engineers, Tennessee Valley Authority, and the United States Section of the International Boundary and Water Commission (United States and Mexico), at which entrance, admission, or other recreation user fees (hereafter in this order referred to as “recreation user fees”) were collected directly by those Federal agencies during any part of 1964 are hereby designated, pursuant to section 2(a) of the Act [former 16 U.S.C. 460l–5(a)], as areas at which recreation user fees shall be charged during 1965. (b) The Secretary of the Interior, the Secretary of Agriculture, the Secretary of Defense, the Board of Directors of the Tennessee Valley Authority, and the Commissioner, United States Section of the International Boundary and Water Commission (United States and Mexico), or their designees, shall, by

April 1, 1965, designate any additional areas under their respective jurisdictions at which recreation user fees are to be charged during 1965. (c) Recreation user fees for such areas shall be prescribed as provided in section 5 of this Order. Sec. 2. Designation of areas for years after 1965. (a) Subject to the provisions of subsection (b) of this section, the areas designated by section 1(a), or pursuant to section 1(b), of this Order are hereby designated as areas for which recreation user fees shall be charged for years after 1965. (b) The officials described in section 1(b) of this Order shall, before

January 1, 1966, and at least annually thereafter, review all areas then under their respective jurisdictions, including those described in subsection (a) of this section, to determine (1) whether any additional areas should, in accordance with the designation criteria prescribed by section 3 of this Order (or under those designation criteria as revised by the Secretary of the Interior pursuant to section 6(c) of this Order), be designated as areas for which recreation user fees shall be charged, or (2) whether the recreation user fee for any area theretofore designated should be increased, reduced, or eliminated under the designation criteria then in effect. (c)(1) Whenever, in accordance with subsection (b) of this section, it is determined that the recreation user fee for an area should be reduced or eliminated, such action shall be taken forthwith. (2) Whenever, in accordance with subsection (b) of this section, it is determined that a recreation user fee should be charged with respect to an area with respect to which no such fee has theretofore been charged, such new fee shall be charged only after the posting requirements of section 4 of this Order have been satisfied. Sec. 3. Criteria for designation of areas. Areas shall, in accordance with section 1(b) and section 2(b) of this Order and to the extent permitted by the Act, be designated as areas at which recreation user fees shall be charged if the following conditions are found to exist concurrently: (1) The area is administered by any of the eight agencies specified in section 1(a) of this Order; (2) The area is administered primarily for scenic, scientific, historical, cultural, or recreational purposes; (3) The area has recreation facilities or services provided at Federal expense; and (4) The nature of the area is such that fee collection is administratively and economically practical. (b) Areas designated as those at which recreation user fees shall be charged shall hereafter in this Order be referred to as “designated areas.” Sec. 4. Posting of designated areas. The heads of administering agencies and departments shall provide for the posting of signs at all designated areas such as will clearly notify the visiting public that recreation user fees are charged therein. All areas designated pursuant to section 1 and 2 of this Order shall be so posted prior to the beginning of the recreation season or as soon as practicable following designation. No recreation user fee established pursuant to this Order shall be effective with respect to any designated area until that designated area has been posted. Sec. 5. Establishment of fees. (a) Each official described in section 1(b) of this Order shall, subject to the criteria prescribed by the Secretary of the Interior, establish a recreation user fee for each designated area administered under his jurisdiction by selecting from a schedule of fees, prescribed by the Secretary of the Interior pursuant to section 6 of this Order, the fee which is appropriate for each such designated area under criteria prescribed by the Secretary pursuant to that section. Each such official shall also specify which designated areas shall be excluded from the coverage of the annual fee described in section 2(a)(1) of the Act [former 16 U.S.C. 460l–5(a)(i)] and which, as a result of that exclusion will be subject to the fee described in section 2(a)(iii) of the Act [former 16 U.S.C. 460l–5(a)(iii)]. The range of recreation user fees to be charged and the criteria for their selection shall be established under the procedures prescribed by section 6 of this Order. (b) The Secretary of the Interior shall prescribe the procedures for the production, distribution, and sale of the Land and Water Conservation Fund Sticker, which shall be issued to those individuals who elect to pay the annual fees. The Secretary of the Interior shall also prescribe the manner in which the Sticker shall be displayed. The conditions under which it may be used shall be determinated under the procedures prescribed by section 6 of this Order. Sec. 6. Coordination. (a) The Secretary of the Interior shall after consultation with the heads of other affected departments and agencies, adopt such coordination measures as are necessary to carry out the purposes of section 2(a) and 4(a) of the Act [former 16 U.S.C. 460l–5(a), 460l–7(a)] and the provisions of this order. (b)(1) In order that the purposes of the Act and of this Order may be effectuated without delay, the Secretary of the Interior shall, subject to the limitations imposed by the Act and without regard to the other provisions of this section, forthwith issue a schedule of recreation user fees and criteria to be used in determining which such fees shall be charged with respect to each of the designated areas. (2) Subject to the limitations imposed by the Act and subject to the provisions of subsections (a), (c), and (d) of this section, the Secretary of the Interior may, from time to time, amend or replace the schedule of fees and the criteria prescribed by him pursuant to subsection (b)(1) of this section. (c) Subject to the limits set forth in the Act, the measures which the Secretary of the Interior may adopt pursuant to subsection (a) of this section may include, but are not limited to, the following— (1) Initial preparation and coordination of the comprehensive statement of estimated requirements during the ensuing fiscal year for appropriations from the Land and Water Conservation Fund, as required by section 4(a) of the act [former 16 U.S.C. 460l–7(a)]. (2) Development of such additional procedures and interpretive materials as are necessary to facilitate the implementation of this Order and related provisions of the Act. (3) Review and revision, if needed, of the criteria for designation set forth in section 3 of this Order. (d) Except with respect to the schedule of fees and the criteria prescribed by the Secretary pursuant to subsection (b)(1) of this section, measures and