
From the U.S. Code Online via GPO Access
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[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-14]

 
                         TITLE 16--CONSERVATION
 
   CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
 
              SUBCHAPTER LXIX--OUTDOOR RECREATION PROGRAMS
 
                    Part C--Water Resources Projects
 
Sec. 460l-14. Facilities of project modifications to be provided 
        without written indication of intent
        

(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.

(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

    The surplus property laws of the United States, referred to subsec. 
(b)(2), are classified generally to chapter 10 (Sec. 471 et seq.) 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.

                  Section Referred to in Other Sections

    This section is referred to in sections 460l-17, 460l-18 of this 
title.
