CITE

    16 USC Sec. 460d                                            01/08/2008

EXPCITE

    TITLE 16 - CONSERVATION
    CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
    SUBCHAPTER LXVI - PUBLIC PARK AND RECREATIONAL FACILITIES AT WATER
           RESOURCE DEVELOPMENT PROJECTS

HEAD

    Sec. 460d. Construction and operation of public parks and
      recreational facilities in water resource development projects;
      lease of lands; preference for use; penalty; application of
      section 3401 of title 18; citations and arrests with and without
      process; limitations; disposition of receipts

STATUTE

      The Chief of Engineers, under the supervision of the Secretary of
    the Army, is authorized to construct, maintain, and operate public
    park and recreational facilities at water resource development
    projects under the control of the Department of the Army, to permit
    the construction of such facilities by local interests
    (particularly those to be operated and maintained by such
    interests), and to permit the maintenance and operation of such
    facilities by local interests. The Secretary of the Army is also
    authorized to grant leases of lands, including structures or
    facilities thereon, at water resource development projects for such
    periods, and upon such terms and for such purposes as he may deem
    reasonable in the public interest: Provided, That leases to
    nonprofit organizations for park or recreational purposes may be
    granted at reduced or nominal considerations in recognition of the
    public service to be rendered in utilizing the leased premises:
    Provided further, That preference shall be given to federally
    recognized Indian tribes and Federal, State, or local governmental
    agencies, and licenses or leases where appropriate, may be granted
    without monetary considerations, to such Indian tribes or agencies
    for the use of all or any portion of a project area for any public
    purpose, when the Secretary of the Army determines such action to
    be in the public interest, and for such periods of time and upon
    such conditions as he may find advisable: And provided further,
    That in any such lease or license to a federally recognized Indian
    tribe (!1) Federal, State, or local governmental agency which
    involves lands to be utilized for the development and conservation
    of fish and wildlife, forests, and other natural resources, the
    licensee or lessee may be authorized to cut timber and harvest
    crops as may be necessary to further such beneficial uses and to
    collect and utilize the proceeds of any sales of timber and crops
    in the development, conservation, maintenance, and utilization of
    such lands. Any balance of proceeds not so utilized shall be paid
    to the United States at such time or times as the Secretary of the
    Army may determine appropriate. The water areas of all such
    projects shall be open to public use generally for boating,
    swimming, bathing, fishing, and other recreational purposes, and
    ready access to and exit from such areas along the shores of such
    projects shall be maintained for general public use, when such use
    is determined by the Secretary of the Army not to be contrary to
    the public interest, all under such rules and regulations as the
    Secretary of the Army may deem necessary, including but not limited
    to prohibitions of dumping and unauthorized disposal in any manner
    of refuse, garbage, rubbish, trash, debris, or litter of any kind
    at such water resource development projects, either into the waters
    of such projects or onto any land federally owned and administered
    by the Chief of Engineers. Any violation of such rules and
    regulations shall be punished by a fine of not more than $500 or
    imprisonment for not more than six months, or both. Any persons
    charged with the violation of such rules and regulations may be
    tried and sentenced in accordance with the provisions of section
    3401 of title 18. All persons designated by the Chief of Engineers
    for that purpose shall have the authority to issue a citation for
    violation of the regulations adopted by the Secretary of the Army,
    requiring the appearance of any person charged with violation to
    appear before the United States magistrate judge, within whose
    jurisdiction the water resource development project is located, for
    trial; and upon sworn information of any competent person any
    United States magistrate judge in the proper jurisdiction shall
    issue process for the arrest of any person charged with the
    violation of said regulations; but nothing herein contained shall
    be construed as preventing the arrest by any officer of the United
    States, without process, of any person taken in the act of
    violating said regulations. No use of any area to which this
    section applies shall be permitted which is inconsistent with the
    laws for the protection of fish and game of the State in which such
    area is situated. All moneys received by the United States for
    leases or privileges shall be deposited in the Treasury of the
    United States as miscellaneous receipts.

SOURCE

    (Dec. 22, 1944, ch. 665, Sec. 4, 58 Stat. 889; July 24, 1946, ch.
    596, Sec. 4, 60 Stat. 642; July 26, 1947, ch. 343, title II, Sec.
    205(a), 61 Stat. 501; Sept. 3, 1954, ch. 1264, title II, Sec. 209,
    68 Stat. 1266; Pub. L. 87-874, title II, Sec. 207, Oct. 23, 1962,
    76 Stat. 1195; Pub. L. 88-578, Sec. 2(a), Sept. 3, 1964, 78 Stat.
    899; Pub. L. 91-611, title II, Sec. 234, Dec. 31, 1970, 84 Stat.
    1833; Pub. L. 101-650, title III, Sec. 321, Dec. 1, 1990, 104 Stat.
    5117; Pub. L. 110-114, title II, Sec. 2026, Nov. 8, 2007, 121 Stat.
    1079.)

AMENDMENTS

      2007 - Pub. L. 110-114 inserted "federally recognized Indian
    tribes and" before "Federal" and "Indian tribes or" after
    "considerations, to such" in second proviso and "federally
    recognized Indian tribe" after "That in any such lease or license
    to a" in third proviso.
      1970 - Pub. L. 91-611 provided that the rules and regulations
    should include but not be limited to prohibitions of dumping and
    unauthorized disposal of refuse, garbage, rubbish, trash, debris,
    or litter of any kind at water resource development projects,
    prescribed penalty for violation of the rules and regulations,
    provided for trial and sentence in accordance with section 3401 of
    title 18, authorized issuance of citation for violation of the
    regulations, provided for issuance of process for arrest of any
    violators, and recognized the authority of Federal officer without
    process of arrest any person taken in act of violating the
    regulations.
      1964 - Pub. L. 88-578 struck out ", without charge," after "The
    water areas of all such projects shall be open to public use
    generally".
      1962 - Pub. L. 87-874 substituted references to water resource
    development projects for references to reservoir areas wherever
    appearing, and authorized the Chief of Engineers to permit the
    construction, maintenance, and operation of facilities by local
    interests.
      1954 - Act Sept. 3, 1954, amended section generally, and, among
    other changes, inserted "for park or recreational purposes" in
    first proviso, inserted "or leases where appropriate" in second
    proviso, and inserted third proviso permitting lessees and
    licensees to cut timber and harvest crop in certain cases and
    containing provisions with respect to the collection, utilization,
    and disposition of the proceeds from the sale of timber and crops.
      1946 - Act July 24, 1946, inserted first proviso dealing with
    leases to nonprofit organizations.

CHANGE OF NAME

      "United States magistrate judge" substituted for "United States
    magistrate" wherever appearing in text pursuant to section 321 of
    Pub. L. 101-650, set out as a note under section 631 of Title 28,
    Judiciary and Judicial Procedure.
      Department of War designated Department of the Army and title of
    Secretary of War changed to Secretary of the Army by section 205(a)
    of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section
    205(a) of Act July 26, 1947, was repealed by section 53 of Act Aug.
    10, 1956, ch. 1041, 70A Stat. 641. Section 1 of Act Aug. 10, 1956,
    enacted "Title 10, Armed Forces" which in sections 3010 to 3013
    continued military Department of the Army under administrative
    supervision of Secretary of the Army.

MISCELLANEOUS

                     EFFECTIVE DATE OF 1964 AMENDMENT
      Amendment by Pub. L. 88-578 effective Jan. 1, 1965, see section
    1(a) of Pub. L. 88-578, set out in part as an Effective Date note
    under section 460l-4 of this title.
                             RECREATION POLICY
      Pub. L. 104-303, title II, Sec. 208(a), Oct. 12, 1996, 110 Stat.
    3680, provided that:
      "(1) In general. - The Secretary shall provide increased emphasis
    on, and opportunities for recreation at, water resources projects
    operated, maintained, or constructed by the Corps of Engineers.
      "(2) Report. - Not later than 2 years after the date of the
    enactment of this Act [Oct. 12, 1996], the Secretary shall transmit
    to Congress a report on specific measures taken to implement this
    subsection."
                             CABIN SITE LEASES
      Pub. L. 99-662, title XI, Sec. 1134(a)-(c), Nov. 17, 1986, 100
    Stat. 4250, provided that:
      "(a) On and after December 31, 1989, the Secretary shall continue
    in effect any lease or assignment thereof to which this section
    applies, until such time as such lease is terminated by the
    leaseholder, any successors or assigns of the leaseholder, or by
    the Secretary under subsection (b) of this section. Any such
    continuation beyond the date of expiration of such lease as in
    effect on December 31, 1989, shall be at fair market rentals and on
    such other reasonable terms and conditions not inconsistent with
    this section as the Secretary deems necessary. No continuation
    shall be made beyond such date unless the leaseholder agrees (1) to
    hold the United States harmless from any claim for damages or
    injury to persons or property arising from occupancy of or through
    the use of the property subject to such lease, and (2) to not
    unreasonably expand existing improvements.
      "(b)(1) On and after December 31, 1989, the Secretary and any
    other officer or employee of the United States shall not terminate
    a lease to which this section applies, except as provided in
    paragraph (2) of this subsection.
      "(2) On and after December 31, 1989, the Secretary may terminate
    a lease to which this section applies only if -
        "(A) the property covered by the lease is needed for immediate
      use for public park purposes or other higher public use or for a
      navigation or flood control project; or
        "(B) the leaseholder substantially violates a provision of such
      lease.
      "(c) Subsections (a) and (b) of this section apply to (1) any
    cottage site lease of property, which lease was entered into by the
    Secretary of the Army pursuant to section 4 of the Act entitled 'An
    Act authorizing the construction of certain public works on rivers
    and harbors for flood control, and for other purposes', approved
    December 22, 1944 (58 Stat. 889; 16 U.S.C. 460d), and is in effect
    on December 31, 1989, and (2) any assignment of such a lease."
     PROHIBITION ON ORDERS TO REMOVE HOUSEBOATS, ETC., FROM RESERVOIRS
             OR PROJECTS ADMINISTERED BY SECRETARY OF THE ARMY
      Pub. L. 99-662, title XI, Sec. 1134(d), Nov. 17, 1986, 100 Stat.
    4251, as amended by Pub. L. 101-640, title III, Sec. 320, Nov. 28,
    1990, 104 Stat. 4643, provided that: "On and after December 31,
    1989, no houseboat, boathouse, floating cabin, sleeping facilities
    at marinas, or lawfully installed dock or cabin or trailer and
    appurtenant structures shall be required to be removed from any
    Federal water resources reservoir or lake project administered by
    the Secretary on which it was located on the date of enactment of
    this Act [Nov. 17, 1986], if (1) such property is maintained in
    usable and safe condition, (2) such property does not occasion a
    threat to life or property, and (3) the holder of the lease,
    permit, or license is in substantial compliance with the existing
    lease or license, except where necessary for immediate use for
    public purposes or other higher public use or for a navigation or
    flood control project."
      Pub. L. 97-140, Sec. 6, Dec. 29, 1981, 95 Stat. 1718, provided
    that: "Notwithstanding any other provision of law, no houseboat,
    floating cabin, marina (including any with sleeping facilities), or
    lawfully installed dock or cabin and appurtenant structures shall
    be required to be removed before December 31, 1989, from any
    Federal water resources reservoir or lake project administered by
    the Secretary of the Army, acting through the Chief of Engineers,
    on which it was located on the date of enactment of this Act [Dec.
    29, 1981], if such property is maintained in usable condition, and,
    in the judgment of the Chief of Engineers, does not occasion a
    threat to life or property."
      Similar provisions were contained in Pub. L. 97-128, Sec. 8, Dec.
    29, 1981, 95 Stat. 1685.

SECRETARY OF THE AIR FORCE

      For transfer of certain functions relating to real property under
    jurisdiction of Air Force, and certain functions relating to
    construction of buildings and facilities insofar as they may
    pertain to Department of the Air Force, from Secretary of the Army
    to Secretary of the Air Force, see Secretary of Defense Transfer
    Order Nos. 14, eff. July 1, 1948; 18, eff. July 7, 1948; and 40
    [App. B(66)], July 22, 1949.

SECTION AS UNAFFECTED BY SUBMERGED LANDS ACT

      Provisions of this section as not amended, modified or repealed
    by the Submerged Lands Act, see section 1303 of Title 43, Public
    Lands.

FOOTNOTE

    (!1) So in original.