
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-9]

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

(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.

(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).


                    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.

                  Section Referred to in Other Sections

    This section is referred to in sections 110c, 160k, 410r-6, 410nn, 
410oo-1, 410qq-1, 410rr-1, 410hhh-6, 423l-3, 429b, 460l-10a, 460l-17, 
460p-2, 460v-7, 460ii-4, 460vv-18, 460aaa-1, 460hhh-5, 460iii-4, 541e, 
543a, 544g, 546a, 698n, 698v-2 of this title.
