US Code Title 16 Section 460

CITE

    16 USC Sec. 460l-14                                         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-14. Facilities or project modifications to be provided
      without written indication of intent

STATUTE

    (a) Other project purposes as justification; public health and
      safety requirement of minimum facilities at access points; basis
      for calculation of benefits; nonreimbursable costs
      No facilities or project modifications which will furnish
    recreation or fish and wildlife enhancement benefits shall be
    provided in the absence of the indication of intent with respect
    thereto specified in section 460l-13(a) of this title unless (1)
    such facilities or modifications serve other project purposes and
    are justified thereby without regard to such incidental recreation
    or fish and wildlife enhancement benefits as they may have or (2)
    they are minimum facilities which are required for the public
    health and safety and are located at access points provided by
    roads existing at the time of project construction or constructed
    for the administration and management of the project. Calculation
    of the recreation and fish and wildlife enhancement benefits in any
    such case shall be based on the number of visitor-days anticipated
    in the absence of recreation and fish and wildlife enhancement
    facilities or modifications except as hereinbefore provided and on
    the value per visitor-day of the project without such facilities or
    modifications. Project costs allocated to recreation and fish and
    wildlife enhancement on this basis shall be nonreimbursable.
    (b) Preservation of recreation and fish and wildlife enhancement
      potential; execution of agreements within ten year period;
      disposition of lands in absence of such agreements, prohibition
      against uses conflicting with project purposes, and preference to
      uses promoting and not detracting from such potential
      Notwithstanding the absence of an indication of intent as
    specified in section 460l-13(a) of this title, lands may be
    provided in connection with project construction to preserve the
    recreation and fish and wildlife enhancement potential of the
    project:
        (1) If non-Federal public bodies execute an agreement after
      initial operation of the project (which agreement shall provide
      that the non-Federal public bodies will administer project land
      and water areas for recreation or fish and wildlife enhancement
      or both pursuant to the plan for the development of the project
      approved by the head of the agency having administrative
      jurisdiction over it and will bear not less than one-half the
      costs of lands, facilities, and project modifications provided
      for recreation, and will bear one-quarter of such costs for fish
      and wildlife enhancement, and not less than one-half the costs of
      planning studies, and the costs of operation, maintenance, and
      replacement attributable thereto) the remainder of the costs of
      lands, facilities, and project modifications provided pursuant to
      this paragraph shall be nonreimbursable. Such agreement and
      subsequent development, however, shall not be the basis for any
      reallocation of joint costs of the project to recreation or fish
      and wildlife enhancement.
        (2) If, within ten years after initial operation of the
      project, there is not an executed agreement as specified in
      paragraph (1) of this subsection, the head of the agency having
      jurisdiction over the project may utilize the lands for any
      lawful purpose within the jurisdiction of his agency, or may
      offer the land for sale to its immediate prior owner or his
      immediate heirs at its appraised fair market value as approved by
      the head of the agency at the time of offer or, if a firm
      agreement by said owner or his immediate heirs is not executed
      within ninety days of the date of the offer, may transfer custody
      of the lands to another Federal agency for use for any lawful
      purpose within the jurisdiction of that agency, or may lease the
      lands to a non-Federal public body, or may transfer the lands to
      the Administrator of General Services for disposition in
      accordance with the surplus property laws of the United States.
      In no case shall the lands be used or made available for use for
      any purpose in conflict with the purposes for which the project
      was constructed, and in every case except that of an offer to
      purchase made, as hereinbefore provided, by the prior owner or
      his heirs preference shall be given to uses which will preserve
      and promote the recreation and fish and wildlife enhancement
      potential of the project or, in the absence thereof, will not
      detract from that potential.
    (c) Expansion or modification of existing facilities
      (1) Any recreation facility constructed under this part may be
    expanded or modified if -
        (A) the facility is inadequate to meet recreational demands;
      and
        (B) a non-Federal public body executes an agreement which
      provides that such public body -
          (i) will administer the expanded or modified facilities
        pursuant to a plan for development for the project that is
        approved by the agency with administrative jurisdiction over
        the project; and
          (ii) will bear not less than one-half of the planning and
        capital costs of such expansion or modification and not less
        than one-half of the costs of the operation, maintenance, and
        replacement attributable to the expansion of the facility.
      (2) The Federal share of the cost of expanding or modifying a
    recreational facility described in paragraph (1) may not exceed 50
    percent of the total cost of expanding or modifying the facility.

SOURCE

    (Pub. L. 89-72, Sec. 3, July 9, 1965, 79 Stat. 214; Pub. L. 93-251,
    title I, Sec. 77(a)(3), Mar. 7, 1974, 88 Stat. 33; Pub. L. 102-575,
    title XXVIII, Sec. 2804(b), (d), Oct. 30, 1992, 106 Stat. 4691.)

REFERENCES IN TEXT

      For surplus property laws of the United States, referred to
    subsec. (b)(2), see, generally, subtitle I of Title 40, Public
    Buildings, Property, and Works.
      This part, referred to in subsec. (c)(1), was in the original
    "this Act", meaning Pub. L. 89-72, which enacted sections 460l-12
    to 460l-21 of this title and amended sections 460l-5(a) and 662(d)
    of this title.

AMENDMENTS

      1992 - Subsec. (b)(1). Pub. L. 102-575, Sec. 2804(b), struck out
    "within ten years" after "execute an agreement" and substituted
    "not less than one-half the costs of planning studies, and the
    costs of operation, maintenance, and replacement attributable" for
    "all costs of operation, maintenance, and replacement
    attributable".
      Subsec. (c). Pub. L. 102-575, Sec. 2804(d), added subsec. (c).
      1974 - Subsec. (b)(1). Pub. L. 93-251 substituted "modifications
    provided for recreation, and will bear one-quarter of such costs
    for fish and wildlife enhancement" for "modifications provided for
    either or both of those purposes, as the case may be".
                     EFFECTIVE DATE OF 1974 AMENDMENT
      For effective date of amendment by Pub. L. 93-251, see section
    77(b) of Pub. L. 93-251, set out as a note under section 460l-13 of
    this title.