54 U.S.C. § 200306 — Allocation of Fund amounts for Federal purposes
submitted 12 years ago by Pub. L. 113-287 to r/title-54-NATIONAL-PARK-SERVICE-AND-RELATED-PROGRAMS · 774 words · no verdicts yet
Federal-purpose Fund appropriations may be used for specified land and water acquisitions and other listed purposes. The section restricts acquisitions and requires a minimum amount for projects that secure public recreational access.
(a) Allowable Purposes and Subpurposes.— (1) In general.— Unless the appropriations Act provides otherwise, the President must allot Federal-purpose Fund* appropriations for the purposes and subpurposes in this subsection. (2) Acquisition of land, water, or an interest in land or water.— Amounts may be allotted for the listed System* units, recreation areas, National Forest System inholdings and adjacent land, endangered and threatened species, refuge areas, and National Wildlife Refuge System areas, as the listed laws authorize. (3) Payment as offset of capital costs.— Amounts may be allotted to the Treasury’s miscellaneous receipts as a partial offset for capital costs of qualifying Federal water-development projects allocated to public recreation and fish and wildlife enhancement. (4) Availability of appropriations.— Certain acquisition appropriations remain available despite earlier statutory ceilings, subject to the stated one-year 10-percent-or-$1,000,000 limit.
(b) Acquisition Restrictions.— Fund appropriations may not be used to acquire property unless the acquisition is otherwise authorized by law. They may be used for preacquisition work when authorization is imminent and substantial savings could result.
(c) Recreational Public Access.— (1) At least the greater of 3 percent of amounts available under section 200303 or $15,000,000 must be available for public-access projects on the annual priority list. (2) The Secretary* and Secretary of Agriculture must annually develop that list, after consulting affected agencies, for projects securing access for hunting, fishing, recreational shooting, or other outdoor recreation.
(d) Acquisition Considerations.— The Secretaries must consider an acquisition’s significance, urgency, management efficiencies, cost savings, geographic distribution, threats to land integrity, and recreational value.
Amounts appropriated from the Fund* for Federal purposes shall, unless otherwise allotted in the appropriation Act making them available, be allotted by the President for the purposes and subpurposes stated in this subsection.
Amounts shall be allotted for the acquisition of land, water, or an interest in land or water within the exterior boundary of—
a System unit* authorized or established; and
an area authorized to be administered by the Secretary* for outdoor recreation purposes.
Amounts shall be allotted for the acquisition of land, water, or an interest in land or water within inholdings within—
wilderness areas of the National Forest System; and
other areas of national forests as the boundaries of those forests existed on January 1, 1965, or purchase units approved by the National Forest Reservation Commission subsequent to January 1, 1965, all of which other areas are primarily of value for outdoor recreation purposes.
Land outside but adjacent to an existing national forest boundary, not to exceed 3,000 acres in the case of any one forest, that would comprise an integral part of a forest recreational management area may also be acquired with amounts appropriated from the Fund.
Amounts shall be allotted for the acquisition of land, water, or an interest in land or water for—
endangered species and threatened species authorized under section 5(a) of the Endangered Species Act of 1973 (16 U.S.C. 1534(a));
areas authorized by section 2 of the Refuge Recreation Act (16 U.S.C. 460k–1);
national wildlife refuge areas under section 7(a)(4) of the Fish and Wildlife Act of 1956 (16 U.S.C. 742f(a)(4)) and wetlands acquired under section 304 of the Emergency Wetlands Resources Act of 1986 (16 U.S.C. 3922); and
any area authorized for the National Wildlife Refuge System by specific Acts.
Amounts shall be allotted for payment into miscellaneous receipts of the Treasury as a partial offset for capital costs, if any, of Federal water development projects authorized to be constructed by or pursuant to an Act of Congress that are allocated to public recreation and the enhancement of fish and wildlife values and financed through appropriations to water resource agencies.
Appropriations allotted for the acquisition of land, water, or an interest in land or water as set forth under subparagraphs (A) and (B) of paragraph (2) shall be available for those acquisitions notwithstanding any statutory ceiling on the appropriations contained in any other provision of law enacted prior to January 4, 1977, or, in the case of national recreation areas, prior to January 15, 1979, except that for any such area expenditures shall not exceed a statutory ceiling during any one fiscal year by 10 percent of the ceiling or $1,000,000, whichever is greater.
Appropriations from the Fund pursuant to this section shall not be used for acquisition unless the acquisition is otherwise authorized by law. Appropriations from the Fund may be used for preacquisition work where authorization is imminent and where substantial monetary savings could be realized.
Of the amounts made available for expenditure in any fiscal year under section 200303, there shall be made available for recreational public access projects identified on the priority list developed under paragraph (2) not less than the greater of—
an amount equal to 3 percent of those amounts; or
$15,000,000.
The Secretary and the Secretary of Agriculture, in consultation with the head of each affected Federal agency, shall annually develop a priority list for projects that, through acquisition of land (or an interest in land), secure recreational public access to Federal land under the jurisdiction of the applicable Secretary for hunting, fishing, recreational shooting, or other outdoor recreational purposes.
In determining whether to acquire land (or an interest in land) under this section, the Secretary and the Secretary of Agriculture shall take into account—
the significance of the acquisition;
the urgency of the acquisition;
management efficiencies;
management cost savings;
geographic distribution;
threats to the integrity of the land; and
the recreational value of the land.
Source credit: (Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3177; Pub. L. 116–9, title III, § 3001(d), (e), Mar. 12, 2019, 133 Stat. 755; Pub. L. 116–152, § 3(b)(2), Aug. 4, 2020, 134 Stat. 687.)
- 2014Enacted · Pub. L. 113-287 · 128 Stat. 3177
- 2019Amended · Pub. L. 116-9 · 133 Stat. 755
- 2020Amended · Pub. L. 116-152 · 134 Stat. 687
A history note hasn’t been published yet. The record shows enactment by Pub. L. 113-287 on 2014-12-19.
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