CITE

    16 USC Sec. 460l-13                                         01/08/2008

EXPCITE

    TITLE 16 - CONSERVATION
    CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
    SUBCHAPTER LXIX - OUTDOOR RECREATION PROGRAMS
    Part C - Water Resources Projects

HEAD

    Sec. 460l-13. Non-Federal administration of project land and water
      areas

STATUTE

    (a) Allocation of costs
      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.
    Projects authorized during the calendar year 1965 may include
    recreation and fish and wildlife enhancement on the foregoing basis
    without the required indication of intent. Execution of an
    agreement as aforesaid shall be a prerequisite to commencement of
    construction of any project to which this subsection is applicable.
    (b) Non-Federal share of costs
      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.

SOURCE

    (Pub. L. 89-72, Sec. 2, July 9, 1965, 79 Stat. 214; Pub. L. 93-251,
    title I, Sec. 77(a)(1), (2), Mar. 7, 1974, 88 Stat. 33; Pub. L. 102-
    575, title XXVIII, Sec. 2804(a), Oct. 30, 1992, 106 Stat. 4691.)

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.
                     EFFECTIVE DATE OF 1974 AMENDMENT
      Section 77(b) of Pub. L. 93-251 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
      Section 77(c) of Pub. L. 93-251 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]."