
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-8]

 
                         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-8. Financial assistance to States


(a) Authority of Secretary of the Interior; payments to carry out 
        purposes of land and water conservation provisions

    The Secretary of the Interior (hereinafter referred to as the 
``Secretary'') is authorized to provide financial assistance to the 
States from moneys available for State purposes. Payments may be made to 
the States by the Secretary as hereafter provided, subject to such terms 
and conditions as he considers appropriate and in the public interest to 
carry out the purposes of this part, for outdoor recreation: (1) 
planning, (2) acquisition of land, waters, or interests in land or 
waters, or (3) development.

(b) Apportionment among States; finality of administrative 
        determination; formula; notification; reapportionment of 
        unobligated amounts; definition of State

    Sums appropriated and available for State purposes for each fiscal 
year shall be apportioned among the several States by the Secretary, 
whose determination shall be final, in accordance with the following 
formula:
        (1) Forty per centum of the first $225,000,000; thirty per 
    centum of the next $275,000,000; and twenty per centum of all 
    additional appropriations shall be apportioned equally among the 
    several States; and
        (2) At any time, the remaining appropriation shall be 
    apportioned on the basis of need to individual States by the 
    Secretary in such amounts as in his judgment will best accomplish 
    the purposes of this part. The determination of need shall include 
    among other things a consideration of the proportion which the 
    population of each State bears to the total population of the United 
    States and of the use of outdoor recreation resources of individual 
    States by persons from outside the State as well as a consideration 
    of the Federal resources and programs in the particular States.
        (3) The total allocation to an individual State under paragraphs 
    (1) and (2) of this subsection shall not exceed 10 per centum of the 
    total amount allocated to the several States in any one year.
        (4) The Secretary shall notify each State of its apportionments; 
    and the amounts thereof shall be available thereafter for payment to 
    such State for planning, acquisition, or development projects as 
    hereafter prescribed. Any amount of any apportionment that has not 
    been paid or obligated by the Secretary during the fiscal year in 
    which such notification is given and for two fiscal years thereafter 
    shall be reapportioned by the Secretary in accordance with paragraph 
    (2) of this subsection, without regard to the 10 per centum 
    limitation to an individual State specified in this subsection.
        (5) For the purposes of paragraph (1) of this subsection, the 
    District of Columbia, Puerto Rico, the Virgin Islands, Guam, 
    American Samoa, and the Commonwealth of the Northern Mariana Islands 
    (when such islands achieve Commonwealth status) shall be treated 
    collectively as one State, and shall receive shares of such 
    apportionment in proportion to their populations. The above listed 
    areas shall be treated as States for all other purposes of this 
    title.

(c) Matching requirements

    Payments to any State shall cover not more than 50 per centum of the 
cost of planning, acquisition, or development projects that are 
undertaken by the State. The remaining share of the cost shall be borne 
by the State in a manner and with such funds or services as shall be 
satisfactory to the Secretary. No payment may be made to any State for 
or on account of any cost or obligation incurred or any service rendered 
prior to September 3, 1964.

(d) Comprehensive State plan; necessity; adequacy; contents; correlation 
        with other plans; factors for formulation of Housing and Home 
        Finance Agency financed plans; planning projects; wetlands 
        consideration; wetlands priority plan

    A comprehensive statewide outdoor recreation plan shall be required 
prior to the consideration by the Secretary of financial assistance for 
acquisition or development projects. The plan shall be adequate if, in 
the judgment of the Secretary, it encompasses and will promote the 
purposes of this part: Provided, That no plan shall be approved unless 
the Governor of the respective State certifies that ample opportunity 
for public participation in plan development and revision has been 
accorded. The Secretary shall develop, in consultation with others, 
criteria for public participation, which criteria shall constitute the 
basis for the certification by the Governor. The plan shall contain--
        (1) the name of the State agency that will have authority to 
    represent and act for the State in dealing with the Secretary for 
    purposes of this part;
        (2) an evaluation of the demand for and supply of outdoor 
    recreation resources and facilities in the State;
        (3) a program for the implementation of the plan; and
        (4) other necessary information, as may be determined by the 
    Secretary.

The plan shall take into account relevant Federal resources and programs 
and shall be correlated so far as practicable with other State, 
regional, and local plans. Where there exists or is in preparation for 
any particular State a comprehensive plan financed in part with funds 
supplied by the Housing and Home Finance Agency, any statewide outdoor 
recreation plan prepared for purposes of this part shall be based upon 
the same population, growth, and other pertinent factors as are used in 
formulating the Housing and Home Finance Agency financed plans.
    The Secretary may provide financial assistance to any State for 
projects for the preparation of a comprehensive statewide outdoor 
recreation plan when such plan is not otherwise available or for the 
maintenance of such plan.
    For fiscal year 1988 and thereafter each comprehensive statewide 
outdoor recreation plan shall specifically address wetlands within that 
State as an important outdoor recreation resource as a prerequisite to 
approval, except that a revised comprehensive statewide outdoor 
recreation plan shall not be required by the Secretary, if a State 
submits, and the Secretary, acting through the Director of the National 
Park Service, approves, as a part of and as an addendum to the existing 
comprehensive statewide outdoor recreation plan, a wetlands priority 
plan developed in consultation with the State agency with responsibility 
for fish and wildlife resources and consistent with the national 
wetlands priority conservation plan developed under section 3921 of this 
title or, if such national plan has not been completed, consistent with 
the provisions of that section \1\
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    \1\ So in original. Probably should be followed by a period.
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(e) Projects for land and water acquisition; development

    In addition to assistance for planning projects, the Secretary may 
provide financial assistance to any State for the following types of 
projects or combinations thereof if they are in accordance with the 
State comprehensive plan:
        (1) For the acquisition of land, waters, or interests in land or 
    waters, or wetland areas and interests therein as identified in the 
    wetlands provisions of the comprehensive plan (other than land, 
    waters, or interests in land or waters acquired from the United 
    States for less than fair market value), but not including 
    incidental costs relating to acquisition.
        Whenever a State provides that the owner of a single-family 
    residence may, at his option, elect to retain a right of use and 
    occupancy for not less than six months from the date of acquisition 
    of such residence and such owner elects to retain such a right, such 
    owner shall be deemed to have waived any benefits under sections 
    4623, 4624, 4625, and 4626 of title 42 and for the purposes of those 
    sections such owner shall not be considered a displaced person as 
    defined in section 4601(6) of title 42.
        (2) For development of basic outdoor recreation facilities to 
    serve the general public, including the development of Federal lands 
    under lease to States for terms of twenty-five years or more: 
    Provided, That no assistance shall be available under this part to 
    enclose or shelter facilities normally used for outdoor recreation 
    activities, but the Secretary may permit local funding, and after 
    September 28, 1976, not to exceed 10 per centum of the total amount 
    allocated to a State in any one year to be used for sheltered 
    facilities for swimming pools and ice skating rinks in areas where 
    the Secretary determines that the severity of climatic conditions 
    and the increased public use thereby made possible justifies the 
    construction of such facilities.

(f) Requirements for project approval; conditions; progress payments; 
        payments to Governors or State officials or agencies; State 
        transfer of funds to public agencies; conversion of property to 
        other uses; reports to Secretary; accounting; records; audit; 
        discrimination prohibited

    (1) Payments may be made to States by the Secretary only for those 
planning, acquisition, or development projects that are approved by him. 
No payment may be made by the Secretary for or on account of any project 
with respect to which financial assistance has been given or promised 
under any other Federal program or activity, and no financial assistance 
may be given under any other Federal program or activity for or on 
account of any project with respect to which such assistance has been 
given or promised under this part. The Secretary may make payments from 
time to time in keeping with the rate of progress toward the 
satisfactory completion of individual projects: Provided, That the 
approval of all projects and all payments, or any commitments relating 
thereto, shall be withheld until the Secretary receives appropriate 
written assurance from the State that the State has the ability and 
intention to finance its share of the cost of the particular project, 
and to operate and maintain by acceptable standards, at State expense, 
the particular properties or facilities acquired or developed for public 
outdoor recreation use.
    (2) Payments for all projects shall be made by the Secretary to the 
Governor of the State or to a State official or agency designated by the 
Governor or by State law having authority and responsibility to accept 
and to administer funds paid hereunder for approved projects. If 
consistent with an approved project, funds may be transferred by the 
State to a political subdivision or other appropriate public agency.
    (3) No property acquired or developed with assistance under this 
section shall, without the approval of the Secretary, be converted to 
other than public outdoor recreation uses. The Secretary shall approve 
such conversion only if he finds it to be in accord with the then 
existing comprehensive statewide outdoor recreation plan and only upon 
such conditions as he deems necessary to assure the substitution of 
other recreation properties of at least equal fair market value and of 
reasonably equivalent usefulness and location.: \2\ Provided, That 
wetland areas and interests therein as identified in the wetlands 
provisions of the comprehensive plan and proposed to be acquired as 
suitable replacement property within that same State that is otherwise 
acceptable to the Secretary, acting through the Director of the National 
Park Service, shall be considered to be of reasonably equivalent 
usefulness with the property proposed for conversion.
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    \2\ So in original. The period probably should not appear.
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    (4) No payment shall be made to any State until the State has agreed 
to (1) provide such reports to the Secretary, in such form and 
containing such information, as may be reasonably necessary to enable 
the Secretary to perform his duties under this part, and (2) provide 
such fiscal control and fund accounting procedures as may be necessary 
to assure proper disbursement and accounting for Federal funds paid to 
the State under this part.
    (5) Each recipient of assistance under this part shall keep such 
records as the Secretary shall prescribe, including records which fully 
disclose the amount and the disposition by such recipient of the 
proceeds of such assistance, the total cost of the project or 
undertaking in connection with which such assistance is given or used, 
and the amount and nature of that portion of the cost of the project or 
undertaking supplied by other sources, and such other records as will 
facilitate an effective audit.
    (6) The Secretary, and the Comptroller General of the United States, 
or any of their duly authorized representatives, shall have access for 
the purpose of audit and examination to any books, documents, papers, 
and records of the recipient that are pertinent to assistance received 
under this part.
    (7) Repealed. Pub. L. 104-333, div. I, title VIII, 
Sec. 814(d)(1)(H), Nov. 12, 1996, 110 Stat. 4196.
    (8) With respect to property acquired or developed with assistance 
from the fund, discrimination on the basis of residence, including 
preferential reservation or membership systems, is prohibited except to 
the extent that reasonable differences in admission and other fees may 
be maintained on the basis of residence.

(g) Coordination with Federal agencies

    In order to assure consistency in policies and actions under this 
part with other related Federal programs and activities (including those 
conducted pursuant to title VII of the Housing Act of 1961 [42 U.S.C. 
1500 et seq.] and section 701 \3\ of the Housing Act of 1954 [40 U.S.C. 
461]) and to assure coordination of the planning, acquisition, and 
development assistance to States under this section with other related 
Federal programs and activities, the President may issue such 
regulations with respect thereto as he deems desirable and such 
assistance may be provided only in accordance with such regulations.
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    \3\ See References in Text note below.
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(h) Capital improvement and other projects to reduce crime

                      (1) Availability of funds

        In addition to assistance for planning projects, and in addition 
    to the projects identified in subsection (e) of this section, and 
    from amounts appropriated out of the Violent Crime Reduction Trust 
    Fund, the Secretary may provide financial assistance to the States, 
    not to exceed $15,000,000, for projects or combinations thereof for 
    the purpose of making capital improvements and other measures to 
    increase safety in urban parks and recreation areas, including funds 
    to--
            (A) increase lighting within or adjacent to public parks and 
        recreation areas;
            (B) provide emergency phone lines to contact law enforcement 
        or security personnel in areas within or adjacent to public 
        parks and recreation areas;
            (C) increase security personnel within or adjacent to public 
        parks and recreation areas; and
            (D) fund any other project intended to increase the security 
        and safety of public parks and recreation areas.

                           (2) Eligibility

        In addition to the requirements for project approval imposed by 
    this section, eligibility for assistance under this subsection shall 
    be dependent upon a showing of need. In providing funds under this 
    subsection, the Secretary shall give priority to projects proposed 
    for urban parks and recreation areas with the highest rates of crime 
    and, in particular, to urban parks and recreation areas with the 
    highest rates of sexual assault.

                          (3) Federal share

        Notwithstanding subsection (c) of this section, the Secretary 
    may provide 70 percent improvement grants for projects undertaken by 
    any State for the purposes described in this subsection, and the 
    remaining share of the cost shall be borne by the State.

(Pub. L. 88-578, title I, Sec. 6, formerly Sec. 5, Sept. 3, 1964, 78 
Stat. 900; renumbered Sec. 6, Pub. L. 92-347, Sec. 2, July 11, 1972, 86 
Stat. 459; amended Pub. L. 93-303, Sec. 2, June 7, 1974, 88 Stat. 194; 
Pub. L. 94-422, title I, Sec. 101(3), Sept. 28, 1976, 90 Stat. 1314; 
Pub. L. 95-625, title VI, Sec. 606, Nov. 10, 1978, 92 Stat. 3519; Pub. 
L. 99-645, title III, Sec. 303, Nov. 10, 1986, 100 Stat. 3587; Pub. L. 
103-322, title IV, Sec. 40133, Sept. 13, 1994, 108 Stat. 1918; Pub. L. 
103-437, Sec. 6(p)(2), Nov. 2, 1994, 108 Stat. 4586; Pub. L. 104-333, 
div. I, title VIII, Sec. 814(d)(1)(H), Nov. 12, 1996, 110 Stat. 4196.)

                       References in Text

    The Housing Act of 1961, referred to in subsec. (g), is Pub. L. 87-
70, June 30, 1961, 75 Stat. 149, as amended. Title VII of the Housing 
Act of 1961 was classified generally to chapter 8C (Sec. 1500 et seq.) 
of Title 42, The Public Health and Welfare, and was omitted from the 
Code pursuant to section 5316 of Title 42 which terminated authority to 
make grants or loans under title VII of that Act after Jan. 1, 1975. For 
complete classification of this Act to the Code, see Short Title of 1961 
Amendment note set out under section 1701 of Title 12, Banks and 
Banking, and Tables.
    Section 701 of the Housing Act of 1954, referred to in subsec. (g), 
was repealed by Pub. L. 97-35, title III, Sec. 313(b), Aug. 13, 1981, 95 
Stat. 398.


                            Prior Provisions

    A prior section 6 of Pub. L. 88-578 was renumbered section 7 and is 
classified to section 460l-9 of this title.


                               Amendments

    1996--Subsec. (f)(7). Pub. L. 104-333 struck out par. (7) relating 
to annual State evaluations, lists of funded projects, and reports.
    1994--Subsec. (f)(7). Pub. L. 103-437 substituted ``Committee on 
Natural Resources of the House of Representatives and the Committee on 
Energy and Natural Resources of the Senate'' for ``Committees on 
Interior and Insular Affairs of the United States Congress''.
    Subsec. (h). Pub. L. 103-322 added subsec. (h).
    1986--Subsec. (d). Pub. L. 99-645, Sec. 303(1), inserted provision 
requiring that for fiscal year 1988 and thereafter, each comprehensive 
statewide outdoor recreation plan specifically address wetlands within 
the State as an important outdoor recreation resource, or alternatively, 
submission of a wetlands priority plan developed in consultation with 
the State agency responsible for fish and wildlife resources in the 
State.
    Subsec. (e)(1). Pub. L. 99-645, Sec. 303(2), inserted ``, or wetland 
areas and interests therein as identified in the wetlands provisions of 
the comprehensive plan''.
    Subsec. (f)(3). Pub. L. 99-645, Sec. 303(3), inserted provision that 
wetland areas and interests therein as identified in the wetlands 
provisions of the comprehensive plan and proposed to be acquired as 
suitable replacement property within that same State that is otherwise 
acceptable to the Secretary, acting through the Director of the National 
Park Service, shall be considered to be of reasonably equivalent 
usefulness with the property proposed for conversion.
    1978--Subsec. (f)(7). Pub. L. 95-625 provided that grant program 
evaluations be transmitted so as to be received by the Secretary no 
later than December 31 and that reports to Congressional committees be 
made by no later than March 1 of each year.
    1976--Subsec. (a). Pub. L. 94-422 reenacted subsec. (a) without 
change.
    Subsec. (b)(1). Pub. L. 94-422 substituted ``Forty per centum of the 
first $275,000,000; thirty per centum of the next $275,000,000; and 
twenty per centum of all additional appropriations'' for ``two-fifths''.
    Subsec. (b)(2). Pub. L. 94-422 substituted ``At any time, the 
remaining appropriations'' for ``three-fifths''.
    Subsec. (b)(3). Pub. L. 94-422 designated as par. (3) the first 
paragraph following par. (2), and substituted ``10 per centum'' for ``7 
per centum''.
    Subsec. (b)(4). Pub. L. 94-422 designated as par. (4) the second 
paragraph following par. (2), and substituted ``in accordance with 
paragraph 2 of this subsection, without regard to the 10 per centum 
limitation to an individual State specified in this subsection'' for 
``in accordance with paragraph 2 of this subsection''.
    Subsec. (b)(5). Pub. L. 94-422 designated as par. (5) the third 
paragraph following par. (2), and added Northern Mariana Islands to 
those areas to be treated and provision that such areas be treated 
collectively as one State for purposes of subsec. (b)(1) and substituted 
requirement that a State shall receive shares of apportionment in 
proportion to their population for requirement that the State's 
population shall be included as part of the total population in 
computing apportionment under subsec. (b)(2).
    Subsec. (c). Pub. L. 94-422 reenacted subsec. (c) without change.
    Subsec. (d). Pub. L. 94-422 inserted proviso that no plan shall be 
approved unless certified by the Governor that public participation in 
plan development and revision has been accorded and that the Secretary 
shall develop criteria for public participation to form basis of 
certification by Governor.
    Subsec. (e). Pub. L. 94-422 inserted proviso that no assistance 
shall be available under this part to enclose or shelter facilities 
normally used for outdoor recreation activities and authorized Secretary 
to permit local funding after Sept. 28, 1976, not to exceed 10 per 
centum of total amount allocated to States.
    Subsec. (f). Pub. L. 94-422 designated existing six paragraphs as 
pars. (1) to (6), respectively, and added pars. (7) and (8).
    Subsec. (g). Pub. L. 94-422 reenacted subsec. (g) without change.
    1974--Subsec. (e)(1). Pub. L. 93-303 inserted sentence relating to 
waiver of benefits by an owner of a single-family residence who elects 
to retain a right of use and occupancy for not less than six months from 
the date of acquisition of the residence.

                          Transfer of Functions

    All functions of the Housing and Home Finance Agency and the 
Administrator thereof were transferred to the Secretary of Housing and 
Urban Development by section 5(a) of the Department of Housing and Urban 
Development Act (Pub. L. 89-174, Sept. 9, 1965, 79 Stat. 669) which is 
classified to section 3534(a) of Title 42, The Public Health and 
Welfare.

                        Executive Order No. 11237

    Ex. Ord. No. 11237, July 27, 1965, 30 F.R. 9433, which related to 
coordinating planning and acquisition of land under outdoor recreation 
and open space programs, was revoked by Ex. Ord. No. 12553, Feb. 25, 
1986, 51 F.R. 7237.

                  Section Referred to in Other Sections

    This section is referred to in sections 460l-17, 1250, 1282 of this 
title; title 23 section 206; title 42 section 3338.
