
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 16USC460l-13]

 
                         TITLE 16--CONSERVATION
 
   CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
 
              SUBCHAPTER LXIX--OUTDOOR RECREATION PROGRAMS
 
                    Part C--Water Resources Projects
 
Sec. 460l-13. Non-Federal administration of project land and 
        water areas
        

(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.

(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].''

                  Section Referred to in Other Sections

    This section is referred to in sections 460l-14, 460l-17 of this 
title.
