§ 460d. Construction and operation of public parks and recreational facilities in water resource development projects; lease of lands; preference for use; penalty; application of section 3401 of title 18; citations and arrests with and without process; limitations; disposition of receipts

Footnotes

1. 1 So in original.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1944

   Pub. L. 78–665 § 4 · 58 Stat. 887

   Enacted · 16 U.S.C. § 460d

   Dec. 22, 1944, ch. 665, § 4, 58 Stat. 889

   Source evidence

   Code source credit
   Dec. 22, 1944, ch. 665, § 4, 58 Stat. 889

   Enacted provision · exact public law section
   Sec. 4. The Chief of Engineers, under the supervision of the Secretary Recreational facilities In reservoir areas. of War, is authorized to construct, maintain, and operate public park and recreational facilities in reservoir areas under the control of the War Department, and to permit the construction, maintenance, and operation of such facilities. The Secretary of War Leases. is authorized to grant leases of lands, including structure or facilities thereon, in reservoir areas for such periods and upon such terms as Preference in granting of licenses. he may deem reasonable: Provided, That preference shall be given to Federal, State, or local governmental agencies, and licenses may be granted without monetary consideration, to such agencies for the use of areas suitable for public park and recreational purposes, when the Secretary of War determines such action to be in the public interest. Public use of water areas. The water areas of all such reservoirs shall be open to public use generally, without charge, for boating, swimming, bathing, fishing, and other recreational purposes, and ready access to and exit from such water areas along the shores of such reservoirs shall be maintained for general public use, when such use is determined by the Secretary of War not to be contrary to the public interest, all under such rules and regulations as the Secretary of War may deem necessary. No use of any area to which this section applies shall be permitted which is inconsistent with the laws for the protection of fish and game of the State in which such area is situated. All moneys received for leases or privileges shall be deposited in the Treasury of the United States as miscellaneous receipts.

2. 1962

   Flood Control Act of 1962

   Pub. L. 87–874 title II § 207 · 76 Stat. 1173

   Substituted · 16 U.S.C. § 460d

   Pub. L. 87–874 substituted references to water resource development projects for references to reservoir areas wherever appearing, and authorized the Chief of Engineers to permit the construction, maintenance, and operation of facilities by local interests

   Source evidence

   Code amendment note
   Pub. L. 87–874 substituted references to water resource development projects for references to reservoir areas wherever appearing, and authorized the Chief of Engineers to permit the construction, maintenance, and operation of facilities by local interests.

   Enacted provision · exact public law section
   Sec. 207. Section 4 of the Act entitled “An Act authorizing the Public park and recreational facilities. construction of certain public works on rivers and harbors for flood control, and for other purposes”, approved December 22, 1944, as amended by section 4 of the Flood Control Act of July 24, 1946, and by section 209 of the Flood Control Act of 1954, is hereby further 68 Stat. 1266. 16 USC 460d. amended to read as follows: “Sec. 4. The Chief of Engineers, under the supervision of the Secretary of the Army, is authorized to construct, maintain, and operate public park and recreational facilities at water resource development projects under the control of the Department of the Army, to permit the construction of such facilities by local interests (particularly those to lie operated and maintained by such interests), and to permit the maintenance and operation of such facilities by local interests. The Secretary of the Army is also authorized to grant leases of lands, including structures or facilities thereon, at water resource development projects for such periods, and upon such terms and for such purposes as he may deem reasonable in the public interest: Provided, That leases to nonprofit organizations for park or recreational purposes may be granted at reduced or nominal considerations in recognition of the public service to be rendered in utilizing the leased premises: Provided further, That preference shall be given to Federal, State, or local governmental agencies, and licenses or leases where appropriate, may be granted without monetary considerations, to such agencies for the use of all or any portion of a project area for any public purpose, when the Secretary of the Army determines such action to be in the public interest, and for such periods of time and upon such conditions as he may find advisable: And provided further, That in any such lease or license to a Federal, State, or local governmental agency which involves lands to be utilized for the development and conservation of fish and wildlife, forests, and other natural resources, the licensee or lessee may lie authorized to cut timber and harvest crops as may lie necessary to further such beneficial uses and to collect and utilize the proceeds of any sales of timber and crops in the development, conservation, maintenance, and utilization of such lands. Any balance of proceeds not so utilized shall be paid to the United States at such time or times as the Secretary of the Army may determine appropriate. The water areas of all such projects shall be open to public use generally, Public use of water areas. without charge, for boating, swimming, bathing, fishing, and other recreational purposes, and ready access to and exit from such areas along the shores of such projects shall be. maintained for general public use, when such use is determined by the Secretary of the Army not to be contrary to the public interest, all under such rules and regulations as the Secretary of the Army may deem necessary. No Protection of fish and game. use of any area to which this section applies shall be permitted which is inconsistent with the laws for the protection of fish and game of the State in which such area is situated. All moneys received by the United States for leases or privileges shall be deposited in the Treasury of the United States as miscellaneous receipts.”

3. 1964

   Land and Water Conservation Fund Act of 1965

   Pub. L. 88–578 § 2(a) · 78 Stat. 897

   Struck · 16 U.S.C. § 460d

   Pub. L. 88–578 struck out “, without charge,” after “The water areas of all such projects shall be open to public use generally”

   Source evidence

   Code amendment note
   Pub. L. 88–578 struck out “, without charge,” after “The water areas of all such projects shall be open to public use generally”.

   Enacted provision · exact public law section
   (a) Entrance and User Fees; Establishment; Regulations.— All proceeds from entrance, admission, and other recreation user fees or charges collected or received by the National Park Service, the Bureau of Land Management, the Bureau of Sport Fisheries and Wildlife, the Bureau of Reclamation, the Forest Service, the Corps of Engineers, the Tennessee Valley Authority, and the United States section of the International Boundary and Water Commission (United States and Mexico), notwithstanding any provision of law that such proceeds shall be credited to miscellaneous receipts of the Treasury: Provided, That nothing in this Act shall affect any rights or authority of the States with respect, to fish and wildlife, nor shall this Act repeal any provision of law that permits States or political subdivisions to share in the revenues from Federal lands or any provision of law that provides that any fees or charges collected at particular Federal areas shall be used for or credited to specific purposes or special funds as authorized by that provision of law; but the proceeds from fees or charges established by the President pursuant to this subsection for entrance or admission generally to Federal areas shall be used solely for the purposes of this Act. The President is authorized, to the extent and within the limits hereinafter set forth, to designate or provide for the designation of land or water areas administered by or under the authority of theFederal agencies listed in the preceding paragraph at which entrance, admission, and other forms of recreation user fees shall be charged and to establish and revise or provide for the establishment and revision of such fees as follows: (i) An annual fee of not more than $7 payable by a person entering an area so designated by private noncommercial automobile which, if paid, shall excuse the person paying the same and anyone who accompanies him in such automobile from payment of any other fee for admission to that area and other areas administered by or under the authority of such agencies, except areas which are designated by the President as not being within the coverage of the fee, during the year for which the fee has been paid. (ii) Fees for a single visit or a series of visits during n specified period of less than a year to an area so designated payable by persons who choose not to pay an annual fee under clause (i) of this paragraph or who enter such an area by means other than private noncommercial automobile. (iii) Fees payable for admission to areas not within the coverage of a fee paid under clause (i) of this paragraph. (iv) Fees for the use within an area of sites, facilities, equipment, or services provided by the United States. Entrance and admission fees may be charged at areas administered primarily for scenic, scientific, historical, cultural, or recreational purposes. No entrance or admission fee shall be charged except at such areas or portions thereof administered by a Federal agency where recreation facilities or services are provided at Federal expense. No fee of any kind shall be charged by a Federal agency under any provision of this Act for use of any waters. All fees established pursuant to this subsection shall be fair and equitable, taking into consideration direct and indirect cost to the Government, benefits to the recipient, public policy or interest served, and other pertinent factors. Nothing contained in this paragraph shall authorize Federal hunting or fishing licenses or fees or charges for commercial or other activities not related to recreation. No such fee shall be charged for travel by private non-commercial vehicle over any national parkway or any road or highway established as a part of the national Federal-aid system, as defined in 72 Stat. 885. section 101, title 23, United States Code, or any road within the National Forest system or a public land area, which, though it is part of a larger area, is commonly used by the public as a means of travel between two places either or both of which are outside the area. No such fee shall be charged any person for travel by private noncommercial vehicle over any road or highway to any land in which such person has any property right if such land is within any such designated area. No fees established under clause (ii) or clause (iii) of the second paragraph of this subsection shall become effective with respect to any area which embraces lands more than half of which have heretofore been acquired by contribution from the government of the State in which the area is located until sixty days after the officer of the United States who is charged with responsibility for establishing such fees has advised the Governor of the affected State, or an agency of the State designated by the Governor for this purpose, of his intention so to do, and said officer shall, before finally establishing such fees, give consideration to any recommendation that the Governor or his designee may make with respect thereto within said sixty days and to all obligations, legal or otherwise, that the United States may owe to the State concerned and to its citizens with respect to the area in question. In the Smoky Mountains National Park, unless fees are charged for entrance into said park on main highways and thoroughfares, fees shall not be charged for entrance on other routes into said park or any part thereof. There is hereby repealed the third paragraph from the end of the Repeals. division entitled “National Park Service” of section 1 of the Act of March 7, 1928 (45 Stat. 238) and the second paragraph from the end of the division entitled “National Park Service” of section 1 of the Act of March 4, 1929 (45 Stat. 1602; 16 U.S.C. 14). Section 4 of the Act entitled “An Act authorizing the construction of certain public works on rivers and harbors for flood control, and for other purposes”, approved December 24, 1944 (16 U.S.C. 460d), as amended by the Flood Control Act of 1962 (76 Stat. 1195) is further amended by deleting “, without charge,” in the third sentence from the end thereof. All other provisions of law that prohibit the collection of entrance, admission, or other recreation user fees or charges authorized by this Act or that restrict the expenditure of funds if such fees or charges are collected are hereby also repealed: Provided, That no provision of any law or treaty which extends to any person or class of persons a right of free access to the shoreline of any reservoir or other body of water, or to hunting and fishing along or on such shoreline, shall be affected by this repealer. The heads of departments and agencies are authorized to prescribe Collection of fees. rules and regulations for the collection of any entrance, admission, and other recreation user fees or charges established pursuant to this subsection for areas under their administration: Provided further, That no free passes shall be issued to any Member of Congress or other government official. Clear notice that a fee or charge has been established shall be posted at each area to which it is applicable. Any Penalty. violation of any rules or regulations promulgated under this title at an area so posted shall be punishable by a fine of not more than $100. Any person charged with the violation of such rules and regulations may be tried and sentenced by any United States commissioner specially designated for that purpose by the court by which lie was appointed, hi the same manner and subject to the same conditions as provided for in title 18, United States Code, section 3401, subsections (b), (c), (d),and (e), as amended. 62 Stat. 830.

   Effective date note
   Pub. L. 88–578, title I, § 1(a), Sept. 3, 1964, 78 Stat. 897, provided in part that: “This Act [amending this section, repealing section 14 of this title, and amending provisions set out as a note under section 120 of Title 23, Highways] shall become effective on January 1, 1965.”

4. 1970

   Flood Control Act of 1970

   Pub. L. 91–611 title II § 234 · 84 Stat. 1818

   Changed · 16 U.S.C. § 460d

   Pub. L. 91–611 provided that the rules and regulations should include but not be limited to prohibitions of dumping and unauthorized disposal of refuse, garbage, rubbish, trash, debris, or litter of any kind at water resource development projects, prescribed penalty for violation of the rules and regulations, provided for trial and sentence in accordance with section 3401 of title 18, authorized issuance of citation for violation of the regulations, provided for issuance of process for arrest of any violators, and recognized the authority of Federal officer without process of arrest any person taken in act of violating the regulations

   Source evidence

   Code amendment note
   Pub. L. 91–611 provided that the rules and regulations should include but not be limited to prohibitions of dumping and unauthorized disposal of refuse, garbage, rubbish, trash, debris, or litter of any kind at water resource development projects, prescribed penalty for violation of the rules and regulations, provided for trial and sentence in accordance with section 3401 of title 18, authorized issuance of citation for violation of the regulations, provided for issuance of process for arrest of any violators, and recognized the authority of Federal officer without process of arrest any person taken in act of violating the regulations.

   Enacted provision · exact public law section
   Sec. 234. Section 207 of the Flood Control Act of 1962 (Public Law 87–874), is amended by changing the period after the word “necessary”, 76 Stat. 1195. 16 USC 460d. to a comma, and inserting the following: “including but not limited to prohibitions of dumping and unauthorized disposal in any manner of refuse, garbage, rubbish, trash, debris, or litter of any kind at such water resource development projects, either into the waters of such projects or onto any land federally owned and administered by the Enforcement. Chief of Engineers, Any violation of such rides and regulations shall be punished by a fine of not more than $500 or imprisonment for not more than six months, or both. Any persons charged with the violation of such rules and regulations may be tried and sentenced in accordance with the provisions of section 3401 of title 18 of the United States 82 Stat. 1115. Code. All persons designated by the Chief of Engineer’s for that purpose shall have the authority to issue a citation for violation of the regulations adopted by the Secretary of the Army, requiring the appearance of any person charged with violation to appear before the United States magistrate, within whose jurisdiction the water resource development project is located, for trial; and upon sworn information of any competent person any United States magistrate in the proper jurisdiction shall issue process for the arrest of any person charged with the violation of said regulations; but nothing herein contained shall be construed as preventing the arrest by any officer of the United States, without process, of any person taken in the act of violating said regulations.”

5. 2007

   Water Resources Development Act of 2007

   Pub. L. 110–114 title II § 2026 · 121 Stat. 1041

   Inserted · 16 U.S.C. § 460d

   Pub. L. 110–114 inserted “federally recognized Indian tribes and” before “Federal” and “Indian tribes or” after “considerations, to such” in second proviso and “federally recognized Indian tribe” after “That in any such lease or license to a” in third proviso

   Source evidence

   Code amendment note
   Pub. L. 110–114 inserted “federally recognized Indian tribes and” before “Federal” and “Indian tribes or” after “considerations, to such” in second proviso and “federally recognized Indian tribe” after “That in any such lease or license to a” in third proviso.

   Enacted provision · exact public law section
   SEC. 2026. LEASING AUTHORITY.   Section 4 of the Act entitled “An Act authorizing the construction of certain public works on rivers and harbors for flood control, and other purposes”, approved December 22, 1944 (16 U.S.C. 460d), is amended— (1) by inserting “federally recognized Indian tribes and” before “Federal” the first place it appears; (2) by inserting “Indian tribes or” after “considerations, to such”; and (3) by inserting “federally recognized Indian tribe” after “That in any such lease or license to a”.

5 of 5 references resolved to an enrolled provision