
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-5]

 
                         TITLE 16--CONSERVATION
 
   CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
 
              SUBCHAPTER LXIX--OUTDOOR RECREATION PROGRAMS
 
                Part B--Land and Water Conservation Fund
 
Sec. 460l-5. Land and water conservation fund; establishment; 
        covering certain revenues and collections into fund
        
    During the period ending September 30, 2015, there shall be covered 
into the land and water conservation fund in the Treasury of the United 
States, which fund is hereby established and is hereinafter referred to 
as the ``fund'', the following revenues and collections:

(a) Surplus property sales

    All proceeds (except so much thereof as may be otherwise obligated, 
credited, or paid under authority of those provisions of law set forth 
in section 485(b)(e),\1\ title 40, or the Independent Offices 
Appropriation Act, 1963 (76 Stat. 725) or in any later appropriation 
Act) hereafter received from any disposal of surplus real property and 
related personal property under the Federal Property and Administrative 
Services Act of 1949, as amended [40 U.S.C. 471 et seq.], 
notwithstanding any provision of law that such proceeds shall be 
credited to miscellaneous receipts of the Treasury. Nothing in this part 
shall affect existing laws or regulations concerning disposal of real or 
personal surplus property to schools, hospitals, and States and their 
political subdivisions.
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    \1\ So in original. Probably should be section ``485(b)-(e)''.
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(b) Motorboat fuels tax

    The amounts provided for in section 460l-11 of this title.

(c) Other revenues

    (1) In addition to the sum of the revenues and collections estimated 
by the Secretary of the Interior to be covered into the fund pursuant to 
this section, as amended, there are authorized to be appropriated 
annually to the fund out of any money in the Treasury not otherwise 
appropriated such amounts as are necessary to make the income of the 
fund not less than $300,000,000 for fiscal year 1977, and $900,000,000 
for fiscal year 1978 and for each fiscal year thereafter through 
September 30, 2015.
    (2) To the extent that any such sums so appropriated are not 
sufficient to make the total annual income of the fund equivalent to the 
amounts provided in clause (1), an amount sufficient to cover the 
remainder thereof shall be credited to the fund from revenues due and 
payable to the United States for deposit in the Treasury as 
miscellaneous receipts under the Outer Continental Shelf Lands Act, as 
amended (43 U.S.C. 1331 et seq.): Provided, That notwithstanding the 
provisions of section 460l-6 of this title, moneys covered into the fund 
under this paragraph shall remain in the fund until appropriated by the 
Congress to carry out the purpose of this part.

(Pub. L. 88-578, title I, Sec. 2, Sept. 3, 1964, 78 Stat. 897; Pub. L. 
89-72, Sec. 11, July 9, 1965, 79 Stat. 218; Pub. L. 90-401, Secs. 1(a), 
2, July 15, 1968, 82 Stat. 354, 355; Pub. L. 91-308, Sec. 2, July 7, 
1970, 84 Stat. 410; Pub. L. 91-485, Sec. 1, Oct. 22, 1970, 84 Stat. 
1084; Pub. L. 94-273, Sec. 2(7), Apr. 21, 1976, 90 Stat. 375; Pub. L. 
94-422, title I, Sec. 101(1), Sept. 28, 1976, 90 Stat. 1313; Pub. L. 95-
42, Sec. 1(1), June 10, 1977, 91 Stat. 210; Pub. L. 100-203, title V, 
Sec. 5201(f)(1), Dec. 22, 1987, 101 Stat. 1330-267.)

                       References in Text

    The provisions of the Independent Offices Appropriation Act, 
referred to in subsec. (a), are the provisions of Pub. L. 87-741, Oct. 
3, 1962, 76 Stat. 716, appearing under the heading ``Operating Expenses, 
Utilization and Disposal Service'' which were not classified to the 
Code.
    The Federal Property and Administrative Services Act of 1949, as 
amended, referred to in subsec. (a), is act June 30, 1949, ch. 288, 63 
Stat. 377, as amended. Provisions of that act relating to disposal of 
Government property are classified to chapter 10 (Sec. 471 et seq.) of 
Title 40, Public Buildings, Property, and Works. For complete 
classification of this Act to the Code, see Short Title note set out 
under section 471 of Title 40 and Tables.
    The Outer Continental Shelf Lands Act, referred to in subsec. 
(c)(2), is act Aug. 7, 1953, ch. 345, 67 Stat. 462, as amended, which is 
classified generally to subchapter III (Sec. 1331 et seq.) of chapter 29 
of Title 43, Public Lands. For complete classification of this Act to 
the Code, see Short Title note set out under section 1331 of Title 43 
and Tables.


                               Amendments

    1987--Pub. L. 100-203 substituted ``2015'' for ``1989'' in 
introductory provisions and in subsec. (c)(1).
    1977--Subsec. (c)(1). Pub. L. 95-42 substituted ``and $900,000,000 
for fiscal year 1978'' for ``$600,000,000 for fiscal year 1978, 
$750,000,000 for fiscal year 1979, and $900,000,000 for fiscal year 
1980''.
    1976--Pub. L. 94-422 struck out ``, and during such additional 
period as may be required to repay any advances made pursuant to section 
460l-7(b) of this title'' after ``September 30, 1989'' in provisions 
preceding subsec. (a).
    Pub. L. 94-273 substituted ``September'' for ``June'' wherever 
appearing.
    Subsec. (a). Pub. L. 94-422 reenacted subsec. (a) without change 
except for reference to section 485(b)(e) which as originally enacted 
read ``section 485(b)-(e)''.
    Subsec. (b). Pub. L. 94-422 reenacted subsec. (b) without change.
    Subsec. (c)(1). Pub. L. 94-422 substituted ``$300,000,000 for fiscal 
year 1977, $600,000,000 for fiscal year 1978, $750,000,000 for fiscal 
year 1979, and $900,000,000 for fiscal year 1980 and for each fiscal 
year thereafter through September 30, 1989.'' for ``$200,000,000 for 
each of the fiscal years 1968, 1969, and 1970, and not less than 
$300,000,000 for each fiscal year thereafter through September 30, 
1989.''.
    Subsec. (c)(2). Pub. L. 94-422 substituted ``equivalent to the 
amounts'' for ``amount to $200,000,000 or $300,000,000 for each of such 
fiscal years, as''.
    1970--Subsec. (a)(i). Pub. L. 91-308 purported to substitute ``not 
more than $10'' for ``not more than $7''. See 1968 Amendment note below.
    Subsec. (c)(1). Pub. L. 91-485, Sec. 1(a), substituted ``fiscal 
years 1968, 1969, and 1970, and not less than $300,000,000 for each 
fiscal year thereafter through June 30, 1989'' for ``five fiscal years 
beginning July 1, 1968, and ending June 30, 1973''.
    Subsec. (c)(2). Pub. L. 91-485, Sec. 1(b), substituted 
``$200,000,000 or $300,000,000 for each of such fiscal years, as 
provided in cl. (1),'' for ``$200,000,000 for each of such fiscal 
years,''.
    1968--Subsec. (a). Pub. L. 90-401, Sec. 1(a), redesignated subsec. 
(b) as (a). Former subsec. (a), except for the fourth paragraph thereof, 
established a system of admission and user fees for all Federal 
recreation areas and was eliminated. The fourth paragraph covering the 
repeal of provisions prohibiting the collection of recreation fees and 
user charges was redesignated as section 10 of Pub. L. 88-587 and is set 
out as section 460l-10c.
    Subsecs. (b), (c). Pub. L. 90-401, Secs. 1(a), 2, added subsec. (c) 
and redesignated former subsecs. (b) and (c) as (a) and (b), 
respectively.
    1965--Subsec. (a). Pub. L. 89-72 substituted ``notwithstanding any 
other provision of law:'' for ``notwithstanding any provision of law 
that such proceeds shall be credited to miscellaneous receipts of the 
Treasury:'' and ``or affect any contract heretofore entered into by the 
United States that provides that such revenues collected at particular 
Federal areas shall be credited to specific purposes'' for ``of any 
provision of law that provides that any fees or charges collected at 
particular Federal areas shall be used for or credited to specific 
purposes or special funds as authorized by that provision of law.''


                    Effective Date of 1968 Amendment

    Section 1(d) of Pub. L. 90-401, as amended by section 1 of Pub. L. 
91-308, provided that: ``The provisions of subsections (a) and (c) of 
this section [amending this section] shall be effective December 31, 
1971. Until that date revenues derived from the subsection (a) that is 
repealed by this section shall continue to be covered into the fund.''


Elimination of System of Admission and User Fees for Federal Recreation 
                                  Areas

    Pub. L. 90-401, Sec. 1(b), July 15, 1968, 82 Stat. 354, relating to 
admission and user fees for Federal recreation areas and facilities, was 
repealed by Pub. L. 92-347, Sec. 1, July 11, 1972, 86 Stat. 459.

        Ex. Ord. No. 11200. Establishment of Recreation User Fees

    Ex. Ord. No. 11200, Feb. 26, 1965, 30 F.R. 2645, provided:
    WHEREAS it is desirable that all American people of present and 
future generations be assured adequate outdoor recreation resources, and 
it is desirable for all levels of government and private interests to 
take prompt and coordinated action to the extent practicable without 
diminishing or affecting their respective powers and functions to 
conserve, develop, and utilize such resources for the benefit and 
enjoyment of the American people; and
    WHEREAS these resources are to a considerable extent located on 
lands administered by the Federal Government through the National Park 
Service, the Bureau of Land Management, the Bureau of Sport Fisheries 
and Wildlife, the Bureau of Reclamation, the Forest Service, the Corps 
of Engineers, the Tennessee Valley Authority and the United States 
Section of the International Boundary and Water Commission (United 
States and Mexico); and
    WHEREAS the Act of May 28, 1963, 77 Stat. 49 [sections 460l to 460l-
3 of the title], vested the Secretary of the Interior with legal 
authority to promote coordination of Federal plans and activities 
generally relating to outdoor recreation; and
    WHEREAS it is fair and equitable that the users of certain 
recreation areas and facilities managed by such agencies pay a 
reasonable fee for the recreation benefits received; and
    WHEREAS it is desirable to establish uniformity of practices among 
such Federal agencies regarding recreation user fees and related 
matters; and
    WHEREAS the Congress, recognizing the need for urgent and effective 
action in this regard, enacted the Land and Water Conservation Fund Act 
of 1965, Public Law 88-578; 78 Stat. 897 [sections 460l-4 to 460l-11 of 
this title] (hereafter in this order referred to as ``the Act'');
    NOW, THEREFORE, by virtue of the authority vested in me by the Act, 
by Section 301 of title 3 of the United States Code, and as President of 
the United States, it is ordered as follows:
    Section 1. Designation of areas for 1965. (a) All areas administered 
by the National Park Service, Bureau of Land Management, Bureau of Sport 
Fisheries and Wildlife, Bureau of Reclamation, Forest Service, Corps of 
Engineers, Tennessee Valley Authority, and the United States Section of 
the International Boundary and Water Commission (United States and 
Mexico), at which entrance, admission, or other recreation user fees 
(hereafter in this order referred to as ``recreation user fees'') were 
collected directly by those Federal agencies during any part of 1964 are 
hereby designated, pursuant to Section 2(a) of the Act [subsec. (a) of 
this section], as areas at which recreation user fees shall be charged 
during 1965.
    (b) The Secretary of the Interior, the Secretary of Agriculture, the 
Secretary of Defense, the Board of Directors of the Tennessee Valley 
Authority, and the Commissioner, United States Section of the 
International Boundary and Water Commission (United States and Mexico), 
or their designees, shall, by April 1, 1965, designate any additional 
areas under their respective jurisdictions at which recreation user fees 
are to be charged during 1965.
    (c) Recreation user fees for such areas shall be prescribed as 
provided in Section 5 of this Order.
    Sec. 2. Designation of areas for years after 1965. (a) Subject to 
the provisions of subsection (b) of this section, the areas designated 
by Section 1(a), or pursuant to Section 1(b), of this Order are hereby 
designated as areas for which recreation user fees shall be charged for 
years after 1965.
    (b) The officials described in Section 1(b) of this Order shall, 
before January 1, 1966, and at least annually thereafter, review all 
areas then under their respective jurisdictions, including those 
described in subsection (a) of this section, to determine (1) whether 
any additional areas should, in accordance with the designation criteria 
prescribed by Section 3 of this Order (or under those designation 
criteria as revised by the Secretary of the Interior pursuant to Section 
6(c) of this Order), be designated as areas for which recreation user 
fees shall be charged, or (2) whether the recreation user fee for any 
area theretofore designated should be increased, reduced, or eliminated 
under the designation criteria then in effect.
    (c)(1) Whenever, in accordance with subsection (b) of this section, 
it is determined that the recreation user fee for an area should be 
reduced or eliminated, such action shall be taken forthwith.
    (2) Whenever, in accordance with subsection (b) of this section, it 
is determined that a recreation user fee should be charged with respect 
to an area with respect to which no such fee has theretofore been 
charged, such new fee shall be charged only after the posting 
requirements of Section 4 of this Order have been satisfied.
    Sec. 3. Criteria for designation of areas. Areas shall, in 
accordance with Section 1(b) and Section 2(b) of this Order and to the 
extent permitted by the Act, be designated as areas at which recreation 
user fees shall be charged if the following conditions are found to 
exist concurrently:
    (1) The area is administered by any of the eight agencies specified 
in Section 1(a) of this Order;
    (2) The area is administered primarily for scenic, scientific, 
historical, cultural, or recreational purposes;
    (3) The area has recreation facilities or services provided at 
Federal expense; and
    (4) The nature of the area is such that fee collection is 
administratively and economically practical.
    (b) Areas designated as those at which recreation user fees shall be 
charged shall hereafter in this Order be referred to as ``designated 
areas.''
    Sec. 4. Posting of designated areas. The heads of administering 
agencies and departments shall provide for the posting of signs at all 
designated areas such as will clearly notify the visiting public that 
recreation user fees are charged therein. All areas designated pursuant 
to Sections 1 and 2 of this Order shall be so posted prior to the 
beginning of the recreation season or as soon as practicable following 
designation. No recreation user fee established pursuant to this Order 
shall be effective with respect to any designated area until that 
designated area has been posted.
    Sec. 5. Establishment of fees. (a) Each official described in 
Section 1(b) of this Order shall, subject to the criteria prescribed by 
the Secretary of the Interior, establish a recreation user fee for each 
designated area administered under his jurisdiction by selecting from a 
schedule of fees, prescribed by the Secretary of the Interior pursuant 
to Section 6 of this Order, the fee which is appropriate for each such 
designated area under criteria prescribed by the Secretary pursuant to 
that section. Each such official shall also specify which designated 
areas shall be excluded from the coverage of the annual fee described in 
Section 2(a)(1) of the Act [subsec. (a)(i) of this section] and which, 
as a result of that exclusion will be subject to the fee described in 
Section 2(a)(iii) of the Act [subsec. (a)(iii) of this section]. The 
range of recreation user fees to be charged and the criteria for their 
selection shall be established under the procedures prescribed by 
Section 6 of this Order.
    (b) The Secretary of the Interior shall prescribe the procedures for 
the production, distribution, and sale of the Land and Water 
Conservation Fund Sticker, which shall be issued to those individuals 
who elect to pay the annual fees. The Secretary of the Interior shall 
also prescribe the manner in which the Sticker shall be displayed. The 
conditions under which it may be used shall be determinated under the 
procedures prescribed by Section 6 of this Order.
    Sec. 6. Coordination. (a) The Secretary of the Interior shall after 
consultation with the heads of other affected departments and agencies, 
adopt such coordination measures as are necessary to carry out the 
purposes of Sections 2(a) and 4(a) of the Act [subsec. (a) of this 
section and section 460l-7(a) of this title] and the provisions of this 
order.
    (b)(1) In order that the purposes of the Act and of this Order may 
be effectuated without delay, the Secretary of the Interior shall, 
subject to the limitations imposed by the Act and without regard to the 
other provisions of this section, forthwith issue a schedule of 
recreation user fees and criteria to be used in determining which such 
fees shall be charged with respect to each of the designated areas.
    (2) Subject to the limitations imposed by the Act and subject to the 
provisions of subsections (a), (c), and (d) of this section, the 
Secretary of the Interior may, from time to time, amend or replace the 
schedule of fees and the criteria prescribed by him pursuant to 
subsection (b)(1) of this section.
    (c) Subject to the limits set forth in the Act, the measures which 
the Secretary of the Interior may adopt pursuant to subsection (a) of 
this section may include, but are not limited to, the following--
    (1) Initial preparation and coordination of the comprehensive 
statement of estimated requirements during the ensuing fiscal year for 
appropriations from the Land and Water Conservation Fund, as required by 
Section 4(a) of the act [section 460l-7(a) of this title].
    (2) Development of such additional procedures and interpretive 
materials as are necessary to facilitate the implementation of this 
Order and related provisions of the Act.
    (3) Review and revision, if needed, of the criteria for designation 
set forth in Section 3 of this Order.
    (d) Except with respect to the schedule of fees and the criteria 
prescribed by the Secretary pursuant to subsection (b)(1) of this 
section, measures and regulations adopted by the Secretary pursuant to 
this Order shall not become effective until 30 days after they are 
presented for the consideration of the other officials described in 
Section 1(b). Any such official who does not concur in any such measure 
or regulation may, within that 30-day period, refer the matter to the 
Recreation Advisory Council established under Executive Order No. 11017 
[superseded by Ex. Ord. No. 11278, which in turn was revoked by Ex. Ord. 
No. 11472 which is set out as a note under section 4321 of Title 42] for 
resolution. If a proposed measure is referred to the Council for 
resolution, it shall not become effective until approved by the Council. 
With the approval of all other officials described in Section 1(b) of 
this Order, the provisions of this subsection may be waived with respect 
to any specific measure or regulation adopted by the Secretary of the 
Interior pursuant to this order so that any such measure or regulation 
may be made effective before the expiration of the 30-day waiting period 
prescribed by the first sentence of this subsection.
    Sec. 7. Review of contracts. The officials described in Section 1(b) 
of this Order shall, within a reasonable time, review all existing 
contracts and other arrangements between their respective agencies and 
any non-Federal public entity which relate to non-Federal management of 
Federally-owned outdoor recreation areas. Special attention shall be 
given to any provision in any such contract or other arrangement which 
prohibits or discourages in any way such non-Federal public entity from 
charging recreation user fees. Unless otherwise prohibited by law, each 
such restrictive provision shall be the subject of renegotiation 
designed to accomplish a modification thereof that will permit the 
charging of recreation user fees.
    Sec. 8. Regulations. The Secretary of the Interior is authorized to 
issue such regulations as may be necessary to carry out his functions 
under this Order.
                                                      Lyndon B. Johnson.

                  Section Referred to in Other Sections

    This section is referred to in sections 460l-7, 460l-10, 460nnn-122, 
1248, 2508 of this title; title 40 section 885.
