16 U.S.C. § 460l–17 — Miscellaneous provisions
submitted 61 years ago by Pub. L. 89-72 to r/title-16-CONSERVATION · 567 words · no verdicts yet
This law adds several rules for federal water-project recreation programs. It caps land spending for migratory-waterfowl refuges at $28 million. It also exempts the Tennessee Valley Authority from this part.
(a) Project* reports: Any report on a covered project must include the Secretary of the Interior's views on its outdoor recreation aspects, developed under section 200104 of title 54. That report must also say whether the proposed recreation and wildlife development matches the state's comprehensive plan under section 200305(d) of title 54.
(b) [Omitted from the U.S. Code.]
(c) Migratory waterfowl refuges: Spending on land acquired to create a migratory-waterfowl refuge recommended by the Interior Secretary — land that would not have been bought except for the refuge — cannot exceed $28,000,000 total. This cap does not apply to money spent fixing damage the water project itself causes to migratory waterfowl.
(d) Nonapplication to certain projects: This part does not apply to the Tennessee Valley Authority, though TVA may still recognize and allow recreational and other public uses at its dams and reservoirs, as long as that's consistent with navigation, flood control, and power generation. This part also does not apply to projects built under the Small Reclamation Projects Act or the Watershed Protection and Flood Prevention Act.
(e) Nonapplication to certain other projects: Sections 460l–13, 460l–14, 460l–15, and 460l–16 do not apply to local flood-control projects without reservoirs, beach-erosion-control projects, small-boat-harbor projects, hurricane-protection projects, or to areas or facilities that the law puts inside a national recreation area, the national forest system, retained public lands, or an authorized fish-and-wildlife program.
(f) Interpretation of "nonreimbursable": Calling a cost "nonreimbursable" in this part does not stop the government from still charging entrance, admission, and other recreation user fees.
(g) Nonapplication of section 200306(a)(3) of title 54: That section does not apply to recreation and wildlife costs that the United States pays for free (nonreimbursable) under section 460l–13(a) or 460l–14(b)(1).
(h) Deposits in Treasury: All payments and repayments from local public bodies under this part go into the Treasury as miscellaneous receipts. But money from selling, leasing, or otherwise transferring land under section 460l–14(b)(2) goes into the Land and Water Conservation Fund instead.
The views of the Secretary of the Interior developed in accordance with section 200104 of title 54, with respect to the outdoor recreation aspects shall be set forth in any report of any project or appropriate unit thereof within the purview of this part. Such views shall include a report on the extent to which the proposed recreation and fish and wildlife development conforms to and is in accord with the State comprehensive plan developed pursuant to section 200305(d) of title 54.
Expenditures for lands or interests in lands hereafter acquired by project construction agencies for the establishment of migratory waterfowl refuges recommended by the Secretary of the Interior at Federal water resource projects, when such lands or interests in lands would not have been acquired but for the establishment of a migratory waterfowl refuge at the project, shall not exceed $28,000,000: Provided, That the aforementioned expenditure limitation in this subsection shall not apply to the costs of mitigating damages to migratory waterfowl caused by such water resource project.
This part shall not apply to the Tennessee Valley Authority, but the Authority is authorized to recognize and provide for recreational and other public uses at any dams and reservoirs heretofore or hereafter constructed in a manner consistent with the promotion of navigation, flood control, and the generation of electrical energy, as otherwise required by law, nor to projects constructed under authority of the Small Reclamation Projects Act, as amended [43 U.S.C. 422a et seq.], or under authority of the Watershed Protection and Flood Prevention Act, as amended [16 U.S.C. 1001 et seq.].
Sections 460l–13, 460l–14, 460l–15, and 460l–16 of this title shall not apply to nonreservoir local flood control projects, beach erosion control projects, small boat harbor projects, hurricane protection projects, or to project areas or facilities authorized by law for inclusion within a national recreation area or appropriate for administration by a Federal agency as a part of the national forest system, as a part of the public lands classified for retention in Federal ownership, or in connection with an authorized Federal program for the conservation and development of fish and wildlife.
As used in this part, the term “nonreimbursable” shall not be construed to prohibit the imposition of entrance, admission, and other recreation user fees or charges.
section 1 200306(a)(3) of title 54 shall not apply to costs allocated to recreation and fish and wildlife enhancement which are borne by the United States as a nonreimbursable project cost pursuant to section 460l–13(a) or section 460l–14(b)(1) of this title.
All payments and repayment by non-Federal public bodies under the provisions of this part shall be deposited in the Treasury as miscellaneous receipts, and revenue from the conveyance by deed, lease, or otherwise, of lands under section 460l–14(b)(2) of this title shall be deposited in the Land and Water Conservation Fund.
Source credit: (Pub. L. 89–72, § 6, July 9, 1965, 79 Stat. 216; Pub. L. 94–576, Oct. 21, 1976, 90 Stat. 2728; Pub. L. 113–287, § 5(d)(1), Dec. 19, 2014, 128 Stat. 3264.)
- 1965Enacted · Pub. L. 89-72 · 79 Stat. 216
- 1976Amended · Pub. L. 94-576 · 90 Stat. 2728
- 2014Amended · Pub. L. 113-287 · 128 Stat. 3264
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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