16 U.S.C. § 460l–13 — Non-Federal administration of project land and water areas
submitted 61 years ago by Pub. L. 89-72 to r/title-16-CONSERVATION · 475 words · no verdicts yet
This law lets local governments run the recreation parts of federal water projects. In return, they must pay at least half the recreation costs and a quarter of the wildlife costs. The federal government covers the rest of those specific costs for free.
(a) Allocation of costs: Before a project* is approved, local (non-federal) public bodies can promise in writing to run its recreation or fish-and-wildlife land and water areas, following the approved development plan. To do this, they must agree to pay at least half of the extra ("separable") costs the project adds for recreation, one-quarter of the extra costs for fish and wildlife, and at least half the costs of running, maintaining, and replacing the facilities. If they make this promise: (1) the project's recreation and wildlife benefits count when figuring out the project's overall economic benefits; (2) costs get divided among all the project's purposes fairly — but the costs charged to recreation or wildlife can never be more than the benefits those purposes provide, or more than the cheapest reasonable alternative way to get the same benefits; and (3) the United States pays, for free (non-reimbursed), no more than half the extra recreation costs, exactly three-quarters of the extra wildlife costs, and all the "joint" costs shared across purposes. Projects approved in 1965 can include recreation and wildlife this way without needing the written promise first. For projects that do need it, the agreement must be signed before construction can start.
(b) Non-Federal share of costs: The local government's share of the extra recreation and wildlife costs must be paid one of two ways, whichever the responsible federal agency picks: (1) paying cash, or providing land, land rights, or facilities for the project; or (2) repaying over up to 50 years after the recreation or wildlife facilities are first used, with interest similar to other federal water-project loans. This repayment can come only from entrance and user fees the local government collects at the project, as long as the fee schedule is designed to achieve full repayment and gets reviewed and renegotiated at least every five years.
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—
the benefits of the project to said purpose or purposes shall be taken into account in determining the economic benefits of the project;
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
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.
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.
Source credit: (Pub. L. 89–72, § 2, July 9, 1965, 79 Stat. 214; Pub. L. 93–251, title I, § 77(a)(1), (2), Mar. 7, 1974, 88 Stat. 33; Pub. L. 102–575, title XXVIII, § 2804(a), Oct. 30, 1992, 106 Stat. 4691.)
- 1965Enacted · Pub. L. 89-72 · 79 Stat. 214
- 1974Amended · Pub. L. 93-251 · 88 Stat. 33
- 1992Amended · Pub. L. 102-575 · 106 Stat. 4691
A history note hasn’t been published yet. The record shows enactment by Pub. L. 89-72 on 1965-07-09.
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