CITE

    16 USC Sec. 460l-9                                          01/08/2008

EXPCITE

    TITLE 16 - CONSERVATION
    CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
    SUBCHAPTER LXIX - OUTDOOR RECREATION PROGRAMS
    Part B - Land and Water Conservation Fund

HEAD

    Sec. 460l-9. Allocation of land and water conservation fund moneys
      for Federal purposes

STATUTE

    (a) Allowable purposes and subpurposes; acquisition of land and
      waters and interests therein; offset for specified capital costs
      Moneys appropriated from the fund for Federal purposes shall,
    unless otherwise allotted in the appropriation Act making them
    available, be allotted by the President to the following purposes
    and subpurposes:
      (1) For the acquisition of land, waters, or interests in land or
    waters as follows:
        National Park System; recreation areas - Within the exterior
      boundaries of areas of the National Park System now or hereafter
      authorized or established and of areas now or hereafter
      authorized to be administered by the Secretary of the Interior
      for outdoor recreation purposes.
        National Forest System - Inholdings within (a) wilderness areas
      of the National Forest System, and (b) other areas of national
      forests as the boundaries of those forests exist on the effective
      date of this Act, or purchase units approved by the National
      Forest Reservation Commission subsequent to the date of this Act,
      all of which other areas are primarily of value for outdoor
      recreation purposes: Provided, That lands outside of but adjacent
      to an existing national forest boundary, not to exceed three
      thousand acres in the case of any one forest, which would
      comprise an integral part of a forest recreational management
      area may also be acquired with moneys appropriated from this
      fund: Provided further, That except for areas specifically
      authorized by Act of Congress, not more than 15 per centum of the
      acreage added to the National Forest System pursuant to this
      section shall be west of the 100th meridian.
        National Wildlife Refuge System - Acquisition for (a)
      endangered species and threatened species authorized under
      section 1534(a) of this title; (b) areas authorized by section
      460k-1 of this title; (c) national wildlife refuge areas under
      section 742f(a)(4) of this title and wetlands acquired under
      section 3922 of this title; (d) any areas authorized for the
      National Wildlife Refuge System by specific Acts.
      (2) For payment into miscellaneous receipts of the Treasury as a
    partial offset for those capital costs, if any, of Federal water
    development projects hereafter authorized to be constructed by or
    pursuant to an Act of Congress which are allocated to public
    recreation and the enhancement of fish and wildlife values and
    financed through appropriations to water resource agencies.
      (3) Appropriations allotted for the acquisition of land, waters,
    or interests in land or waters as set forth under the headings
    "National Park System; Recreation Areas" and "National Forest
    System" in paragraph (1) of this subsection shall be available
    therefor notwithstanding any statutory ceiling on such
    appropriations contained in any other provision of law enacted
    prior to the convening of the Ninety-fifth Congress or, in the case
    of national recreation areas, prior to the convening of the Ninety-
    sixth Congress; except that for any such area expenditures may not
    exceed a statutory ceiling during any one fiscal year by 10 per
    centum of such ceiling or $1,000,000, whichever is greater.
    (b) Acquisition restrictions
      Appropriations from the fund pursuant to this section shall not
    be used for acquisition unless such acquisition is otherwise
    authorized by law: Provided, however, That appropriations from the
    fund may be used for preacquisition work in instances where
    authorization is imminent and where substantial monetary savings
    could be realized.
    (c) Boundary changes; donations; authority of Secretary
      (1) Whenever the Secretary of the Interior determines that to do
    so will contribute to, and is necessary for, the proper
    preservation, protection, interpretation, or management of an area
    of the national park system, he may, following timely notice in
    writing to the Committee on Resources of the House of
    Representatives and to the Committee on Energy and Natural
    Resources of the Senate of his intention to do so, and by
    publication of a revised boundary map or other description in the
    Federal Register, (i) make minor revisions of the boundary of the
    area, and moneys appropriated from the fund shall be available for
    acquisition of any lands, waters, and interests therein added to
    the area by such boundary revision subject to such statutory
    limitations, if any, on methods of acquisition and appropriations
    thereof as may be specifically applicable to such area; and (ii)
    acquire by donation, purchase with donated funds, transfer from any
    other Federal agency, or exchange, lands, waters, or interests
    therein adjacent to such area, except that in exercising his
    authority under this clause (ii) the Secretary may not alienate
    property administered as part of the national park system in order
    to acquire lands by exchange, the Secretary may not acquire
    property without the consent of the owner, and the Secretary may
    acquire property owned by a State or political subdivision thereof
    only by donation. Prior to making a determination under this
    subsection, the Secretary shall consult with the duly elected
    governing body of the county, city, town, or other jurisdiction or
    jurisdictions having primary taxing authority over the land or
    interest to be acquired as to the impacts of such proposed action,
    and he shall also take such steps as he may deem appropriate to
    advance local public awareness of the proposed action. Lands,
    waters, and interests therein acquired in accordance with this
    subsection shall be administered as part of the area to which they
    are added, subject to the laws and regulations applicable thereto.
      (2) For the purposes of clause (i) of paragraph (1), in all cases
    except the case of technical boundary revisions (resulting from
    such causes as survey error or changed road alignments), the
    authority of the Secretary under such clause (i) shall apply only
    if each of the following conditions is met:
        (A) The sum of the total acreage of lands, waters, and
      interests therein to be added to the area and the total such
      acreage to be deleted from the area is not more than 5 percent of
      the total Federal acreage authorized to be included in the area
      and is less than 200 acres in size.
        (B) The acquisition, if any, is not a major Federal action
      significantly affecting the quality of the human environment, as
      determined by the Secretary.
        (C) The sum of the total appraised value of the lands, waters,
      and interests therein to be added to the area and the total
      appraised value of the lands, waters, and interests therein to be
      deleted from the area does not exceed $750,000.
        (D) The proposed boundary revision is not an element of a more
      comprehensive boundary modification proposal.
        (E) The proposed boundary has been subject to a public review
      and comment period.
        (F) The Director of the National Park Service obtains written
      consent for the boundary modification from all property owners
      whose lands, waters, or interests therein, or a portion of whose
      lands, waters, or interests therein, will be added to or deleted
      from the area by the boundary modification.
        (G) The lands abut other Federal lands administered by the
      Director of the National Park Service.
    Minor boundary revisions involving only deletions of acreage owned
    by the Federal Government and administered by the National Park
    Service may be made only by Act of Congress.

SOURCE

    (Pub. L. 88-578, title I, Sec. 7, formerly Sec. 6, Sept. 3, 1964,
    78 Stat. 903; Pub. L. 90-401, Sec. 1(c), July 15, 1968, 82 Stat.
    355; renumbered Sec. 7, Pub. L. 92-347, Sec. 2, July 11, 1972, 86
    Stat. 459; amended Pub. L. 93-205, Sec. 13(c), Dec. 28, 1973, 87
    Stat. 902; Pub. L. 94-422, title I, Sec. 101(4), Sept. 28, 1976, 90
    Stat. 1317; Pub. L. 95-42, Sec. 1(3)-(5), June 10, 1977, 91 Stat.
    210, 211; Pub. L. 96-203, Sec. 2, Mar. 10, 1980, 94 Stat. 81; Pub.
    L. 99-645, title III, Sec. 302, Nov. 10, 1986, 100 Stat. 3587; Pub.
    L. 103-437, Sec. 6(p)(3), Nov. 2, 1994, 108 Stat. 4586; Pub. L. 104-
    333, div. I, title VIII, Sec. 814(b), (d)(2)(C), Nov. 12, 1996,
    110 Stat. 4194, 4196; Pub. L. 106-176, title I, Secs. 120(b), 129,
    Mar. 10, 2000, 114 Stat. 28, 30.)

REFERENCES IN TEXT

      The effective date of this Act, referred to in subsec. (a)(1),
    means the effective date of Pub. L. 88-578, which was Jan. 1, 1965.
    See Effective Date note set out under section 460l-4 of this title.
      The convening of the Ninety-fifth Congress, referred to in
    subsec. (a)(3), took place on Jan. 4, 1977.
      The convening of the Ninety-sixth Congress, referred to in
    subsec. (a)(3), took place on Jan. 15, 1979.

PRIOR PROVISIONS

      A prior section 7 of Pub. L. 88-578 was renumbered section 8 and
    is classified to section 460l-10 of this title.
                                AMENDMENTS
      2000 - Subsec. (c). Pub. L. 106-176, Sec. 129, which directed the
    amendment of section 814(b)(2)(G) of Pub. L. 104-333 by
    substituting "abut" for "are adjacent to" was executed by making
    the substitution in subsec. (c)(2)(G) of this section which had
    been added by section 814(b)(2)(B) of Pub. L. 104-333, to reflect
    the probable intent of Congress. See 1996 Amendment note below.
      Subsec. (c)(2)(C). Pub. L. 106-176, Sec. 120(b)(1), substituted
    "lands, waters, and interests therein" for "lands, water, and
    interest therein".
      Subsec. (c)(2)(F). Pub. L. 106-176, Sec. 120(b)(2), substituted
    "lands, waters, or interests therein, or a portion of whose lands,
    waters, or interests therein," for "lands, water, or interests
    therein, or a portion of whose lands, water, or interests
    therein,".
      1996 - Subsec. (a)(3). Pub. L. 104-333, Sec. 814(d)(2)(C), struck
    out at end "The Secretary of the Interior shall, prior to the
    expenditure of funds which would cause a statutory ceiling to be
    exceeded by $1,000,000 or more, and with respect to each
    expenditure of $1,000,000 or more in excess of such a ceiling,
    provide written notice of such proposed expenditure not less than
    thirty calendar days in advance to the Committee on Natural
    Resources of the House of Representatives and the Committee on
    Energy and Natural Resources of the Senate."
      Subsec. (c). Pub. L. 104-333, Sec. 814(b)(2)(B), as amended by
    Pub. L. 106-176, Sec. 129, designated existing provisions as par.
    (1) and added par. (2).
      Pub. L. 104-333, Sec. 814(b)(1), (2)(A), substituted "Committee
    on Resources" for "Committee on Natural Resources" and struck out
    ": Provided, however, That such authority shall apply only to those
    boundaries established subsequent to January 1, 1965" before "; and
    (ii)".
      1994 - Subsecs. (a)(3), (c). Pub. L. 103-437 substituted "Natural
    Resources" for "Interior and Insular Affairs" after "Committee on".
      1986 - Subsec. (a)(1). Pub. L. 99-645, in provisions relating to
    the National Wildlife Refuge System, substituted "national wildlife
    refuge areas under section 742f(a)(4) of this title and wetlands
    acquired under section 3922 of this title" for "national wildlife
    refuge areas under section 742f(a)(5) of this title except
    migratory waterfowl areas which are authorized to be acquired by
    the Migratory Bird Conservation Act of 1929, as amended".
      1980 - Subsec. (a)(3). Pub. L. 96-203, Sec. 2(1), inserted
    provisions relating to applicability to national recreation areas.
      Subsec. (c). Pub. L. 96-203, Sec. 2(2), substituted "apply only
    to those boundaries established subsequent to January 1, 1965" for
    "expire ten years from the date of enactment of the authorizing
    legislation establishing such boundaries".
      1977 - Subsec. (a)(3). Pub. L. 95-42, Sec. 1(3), added par. (3).
      Subsec. (b). Pub. L. 95-42, Sec. 1(4), inserted proviso that
    appropriations from the fund may be used for preacquisition work in
    instances where authorization is imminent and where substantial
    monetary savings could be realized.
      Subsec. (c). Pub. L. 95-42, Sec. 1(5), added subsec. (c).
      1976 - Subsec. (a)(1). Pub. L. 94-422 in paragraph designated
    "National Forest System" inserted "or purchase units approved by
    the National Forest Reservation Commission, subsequent to September
    3, 1965, all of" after "January 1, 1965," and substituted "three
    thousand" for "five hundred" and incorporated provisions contained
    in paragraphs designated "Endangered Species and Threatened
    Species" and "Recreation at refuges" into paragraph designated
    "National Wildlife Refuge System" inserting references to section
    742f(a)(5) of this title, the Migratory Bird Conservation Act of
    1929, and areas authorized for the National Wildlife Refuge System
    by specific Acts.
      Subsec. (b). Pub. L. 94-422 reenacted subsec. (b) without change.
      1973 - Subsec. (a)(1). Pub. L. 93-205 substituted reference to
    "Endangered species and threatened species" followed by a
    definition covering "lands, waters, or interests therein, the
    acquisition of which is authorized under section 1533(a) of this
    title, needed for the purpose of conserving endangered or
    threatened species of fish or wildlife or plants" for a reference
    to "Threatened species" followed by a definition covering "any
    national area which may be authorized for the preservation of
    species of fish or wildlife that are threatened with extinction".
      1968 - Subsec. (a). Pub. L. 90-401 struck out "in substantially
    the same proportion as the number of visitor-days in areas and
    projects hereinafter described for which admission fees are charged
    under section 460l-5 of this title" after "purposes and
    subpurposes" in text preceding par. (1).

CHANGE OF NAME

      Committee on Resources of House of Representatives changed to
    Committee on Natural Resources of House of Representatives by House
    Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.

MISCELLANEOUS

                     EFFECTIVE DATE OF 1973 AMENDMENT
      Amendment by Pub. L. 93-205 effective Dec. 28, 1973, see section
    16 of Pub. L. 93-205, set out as an Effective Date note under
    section 1531 of this title.
                     EFFECTIVE DATE OF 1968 AMENDMENT
      For effective date of amendment by Pub. L. 90-401, see section
    1(d) of Pub. L. 90-401, as amended by section 1 of Pub. L. 91-308,
    set out as a note under section 460l-5 of this title.