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Title 16 — Conservation

Chapter 87 — Federal Lands Recreation Enhancement

§ 6812. Repeal of superseded admission and use fee authorities

Statutory text

(a)

Land and Water Conservation Fund Act

Subsections (a), (b), (c), (d), (e), (f), (g), and (i) (except for paragraph (1)(C)) of section 4 1 of the Land and Water Conservation Fund Act of 1965 are repealed, except that the Secretary may continue to issue Golden Eagle Passports, Golden Age Passports, and Golden Access Passports under such section until the date the notice required by section 6804(a)(3) of this title is published in the Federal Register regarding the establishment of the National Parks and Federal Recreational Lands Pass.

(b)

Recreational fee demonstration program

Section 315 1 of the Department of the Interior and Related Agencies Appropriations Act, 1996 (as contained in section 101(c) of Public Law 104–134), is repealed.

(c)

Admission permits for refuge units

Section 3911 of this title is repealed.

(d)

National park passport, Golden Eagle Passport, Golden Age Passport, and Golden Access Passport

Effective on the date the notice required by section 6804(a)(3) of this title is published in the Federal Register, the following provisions of law authorizing the establishment of a national park passport program or the establishment and sale of a national park passport, Golden Eagle Passport, Golden Age Passport, or Golden Access Passport are repealed:

(1)

Section 502 1 of the National Parks Omnibus Management Act of 1998 (Public Law 105–391).

(2)

Title VI 1 of the National Parks Omnibus Management Act of 1998 (Public Law 105–391).

(e)

Treatment of unobligated funds

(1)

Land and water conservation fund special accounts

Amounts in the special accounts established under section 4(i)(1) 1 of the Land and Water Conservation Fund Act of 1965 for Federal land management agencies that are unobligated on , shall be transferred to the appropriate special account established under section 6806 of this title and shall be available to the Secretary in accordance with this chapter. A special account established under section 4(i)(1) 1 of the Land and Water Conservation Fund Act of 1965 for a Federal agency that is not a Federal land management area, and the use of such special account, is not affected by the repeal of section 4 1 of the Land and Water Conservation Fund Act of 1965 by subsection (a) of this section.

(2)

National parks passport

Any funds collected under title VI 1 of the National Parks Omnibus Management Act of 1998 (Public Law 105–391) that are unobligated on the day before the publication of the Federal Register notice required under section 6804(a)(3) of this title shall be transferred to the special account of the National Park Service for use in accordance with this chapter. The Secretary of the Interior may use amounts available in that special account to pay any outstanding administration, marketing, or close-out costs associated with the national parks passport.

(3)

Recreational fee demonstration program

Any funds collected in accordance with section 315 1 of the Department of the Interior and Related Agencies Appropriations Act, 1996 (as contained in section 101(c) of Public Law 104–134), that are unobligated on the day before , shall be transferred to the appropriate special account and shall be available to the Secretary in accordance with this chapter.

(4)

Admission permits for refuge units

Any funds collected in accordance with section 3911 of this title that are available as provided in subsection (c)(A) of such section and are unobligated on the day before , shall be transferred to the special account of the United States Fish and Wildlife Service for use in accordance with this chapter.

(f)

Effect of regulations

A regulation or policy issued under a provision of law repealed by this section shall remain in effect to the extent such a regulation or policy is consistent with the provisions of this chapter until the Secretary issues a regulation, guideline, or policy under this chapter that supersedes the earlier regulation.

Footnotes

  1. 1 See References in Text note below.

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. Mississippi Gulf Coast National Heritage Area Act

    Pub. L. 108–447 div. J title VIII § 813 · 118 Stat. 2809

    Enacted · 16 U.S.C. § 6812

    Pub. L. 108–447, div. J, title VIII, § 813, Dec. 8, 2004, 118 Stat. 3390

    Source evidence

    Code source credit
    Pub. L. 108–447, div. J, title VIII, § 813, Dec. 8, 2004, 118 Stat. 3390

    Enacted provision · exact public law section
    SEC. 813. REPEAL OF SUPERSEDED ADMISSION AND USE FEE AUTHORITIES. (a) Land and Water Conservation Fund Act.— Subsections (a), (b), (c), (d), (e), (f), (g), and (i) of section 4 of the Land and Water Conservation Fund Act of 16 USC 460l–6a. 1965 (16 U.S.C. 460l–6a et seq.) are repealed, except that the Secretary may continue to issue Golden Eagle Passports, Golden Age Passports, and Golden Access Passports under such section until the date the notice required by section 5(a)(3) is published in the Federal Register regarding the establishment of the National Parks and Federal Recreational Lands Pass. (b) Recreational Fee Demonstration Program.— Section 315 of the Department of the Interior and Related Agencies Appropriations Act, 1996 (as contained in section 101(c) of Public Law 104–134; 16 U.S.C. 460l–6a), 16 USC 460l–6a. is repealed. (c) Admission Permits for Refuge Units.— Section 201 of the Emergency Wetlands Resources Act of 1986 (16 U.S.C. 3911) is repealed. (d) National Park Passport, Golden Eagle Passport, Golden Age Passport, and Golden Access Passport.— Effective on the date the notice required by section 5(a)(3) is published in the Federal Register, the following provisions of law authorizing the establishment of a national park passport program or the establishment and sale of a national park passport, Golden Eagle Passport, Golden Age Passport, or Golden Access Passport are repealed: (1) Section 502 of the National Parks Omnibus Management Act of 1998 (Public Law 105–391; 16 U.S.C. 5982). (2) Title VI of the National Parks Omnibus Management Act of 1998 (Public Law 105–391; 16 U.S.C. 5991–5995). (e) Treatment of Unobligated Funds.— (1) Land and water conservation fund special accounts.— Amounts in the special accounts established under section 4(i)(1) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l–6a(i)(1)) for Federal land management agencies that are unobligated on the date of the enactment of this Act shall be transferred to the appropriate special account established under section 7 and shall be available to the Secretary in accordance with this Act. A special account established under section 4(i)(1) of the Land and Water Conservation Fund Act of 1965 for a Federal agency that is not a Federal land management area, and the use of such special account, is not affected by the repeal of section 4 of the Land and Water Conservation Fund Act of 1965 by subsection (a) of this section. (2) National parks passport.— Any funds collected under title VI of the National Parks Omnibus Management Act of 1998 (Public Law 105–391; 16 U.S.C. 5991–5995) that are unobligated on the day before the publication of the Federal Register notice required under section 5(a)(3) shall be transferred to the special account of the National Park Service for use in accordance with this Act. The Secretary of the Interior may use amounts available in that special account to pay any outstanding administration, marketing, or close-out costs associated with the national parks passport. (3) Recreational fee demonstration program.— Any funds collected in accordance with section 315 of the Department of the Interior and Related Agencies Appropriations Act, 1996 (as contained in section 101(c) of Public Law 104–134; 16 U.S.C. 460l–6a), that are unobligated on the day before the date of the enactment of this Act shall be transferred to the appropriate special account and shall be available to the Secretary in accordance with this Act. (4) Admission permits for refuge units.— Any funds collected in accordance with section 201 of the Emergency Wetlands Resources Act of 1986 (16 U.S.C. 3911) that are available as provided in subsection (c)(A) of such section and are unobligated on the day before the date of the enactment of this Act shall be transferred to the special account of the United States Fish and Wildlife Service for use in accordance with this Act. (f) Effect of Regulations.— A regulation or policy issued under a provision of law repealed by this section shall remain in effect to the extent such a regulation or policy is consistent with the provisions of this Act until the Secretary issues a regulation, guideline, or policy under this Act that supersedes the earlier regulation.

  2. Pub. L. 109–54 title I § 132(a) · 119 Stat. 499

    Inserted · 16 U.S.C. § 6812(a)

    Pub. L. 109–54 inserted “(except for paragraph (1)(C))” after “and (i)”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 109–54 inserted “(except for paragraph (1)(C))” after “and (i)”.

    Enacted provision · exact public law section
    (a) Section 813(a) of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6812(a)) 16 USC 460l–6a, 6812. is amended by striking “and (i)” and inserting “and (i) (except for paragraph (1)(C))”.

    Effective date note
    Pub. L. 109–54, title I, § 132(d), Aug. 2, 2005, 119 Stat. 526, provided that: “This section [amending this section and former section 460l–6a of this title and enacting provisions set out as a note under section 100904 of Title 54, National Park Service and Related Programs] and the amendments made by this section take effect as of December 8, 2004.”

  3. Pub. L. 113–287 § 5(d)(37)(A) · 128 Stat. 3094

    Struck · 16 U.S.C. § 6812(a)

    Pub. L. 113–287, § 5(d)(37)(A), which directed amendment of “subsection (A)” by striking out “(16 U.S.C. 460l–6a et seq.)”, was executed by striking out that language after “1965” in subsec. (a) to reflect the probable intent of Congress

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 113–287, § 5(d)(37)(A), which directed amendment of “subsection (A)” by striking out “(16 U.S.C. 460l–6a et seq.)”, was executed by striking out that language after “1965” in subsec. (a) to reflect the probable intent of Congress.

    Enacted provision · exact public law section
    (A) in subsection (A), by striking “(16 U.S.C. 460l–6a et seq.)”;

  4. Pub. L. 113–287 § 5(d)(37)(B) · 128 Stat. 3094

    Struck · 16 U.S.C. § 6812(b)

    Pub. L. 113–287, § 5(d)(37)(B), struck out “; 16 U.S.C. 460l–6a” after “Public Law 104–134”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 113–287, § 5(d)(37)(B), struck out “; 16 U.S.C. 460l–6a” after “Public Law 104–134”.

    Enacted provision · exact public law section
    (B) in subsection (b), by striking “; 16 U.S.C. 460l–6a”;

  5. Pub. L. 113–287 § 5(d)(37)(C)(i) · 128 Stat. 3094

    Struck · 16 U.S.C. § 6812(d)(1)

    Pub. L. 113–287, § 5(d)(37)(C)(i), which directed amendment of subsec. (c)(1) by striking out “; 16 U.S.C. 5982”, was executed by striking out that language after “(Public Law 105–391” in subsec. (d)(1), to reflect the probable intent of Congress

    Source evidence

    Code amendment note
    Subsec. (d)(1). Pub. L. 113–287, § 5(d)(37)(C)(i), which directed amendment of subsec. (c)(1) by striking out “; 16 U.S.C. 5982”, was executed by striking out that language after “(Public Law 105–391” in subsec. (d)(1), to reflect the probable intent of Congress.

    Enacted provision · exact public law section
    (i) in paragraph (1), by striking “; 16 U.S.C. 5982”; and

  6. Pub. L. 113–287 § 5(d)(37)(C)(ii) · 128 Stat. 3094

    Struck · 16 U.S.C. § 6812(d)(2)

    Pub. L. 113–287, § 5(d)(37)(C)(ii), which directed amendment of subsec. (c)(2) by striking out “; 16 U.S.C. 5991–5995”, was executed by striking out that language after “(Public Law 105–391” in subsec. (d)(2), to reflect the probable intent of Congress

    Source evidence

    Code amendment note
    Subsec. (d)(2). Pub. L. 113–287, § 5(d)(37)(C)(ii), which directed amendment of subsec. (c)(2) by striking out “; 16 U.S.C. 5991–5995”, was executed by striking out that language after “(Public Law 105–391” in subsec. (d)(2), to reflect the probable intent of Congress.

    Enacted provision · exact public law section
    (ii) in paragraph (2), by striking “; 16 U.S.C. 5991–5995”; and

  7. Pub. L. 113–287 § 5(d)(37)(D)(i) · 128 Stat. 3094

    Struck · 16 U.S.C. § 6812(e)(1)

    Pub. L. 113–287, § 5(d)(37)(D)(i), struck out “(16 U.S.C. 460l–6a(i)(1))” after “accounts established under section 4(i)(1) of the Land and Water Conservation Fund Act of 1965”

    Source evidence

    Code amendment note
    Subsec. (e)(1). Pub. L. 113–287, § 5(d)(37)(D)(i), struck out “(16 U.S.C. 460l–6a(i)(1))” after “accounts established under section 4(i)(1) of the Land and Water Conservation Fund Act of 1965”.

    Enacted provision · exact public law section
    (i) in paragraph (1), by striking “(16 U.S.C. 460l–6a(i)(1))”;

  8. Pub. L. 113–287 § 5(d)(37)(D)(ii) · 128 Stat. 3094

    Struck · 16 U.S.C. § 6812(e)(2)

    Pub. L. 113–287, § 5(d)(37)(D)(ii), struck out “; 16 U.S.C. 5991–5995” after “(Public Law 105–391”

    Source evidence

    Code amendment note
    Subsec. (e)(2). Pub. L. 113–287, § 5(d)(37)(D)(ii), struck out “; 16 U.S.C. 5991–5995” after “(Public Law 105–391”.

    Enacted provision · exact public law section
    (ii) in paragraph (2), by striking “; 16 U.S.C. 5991–5995”; and

  9. Pub. L. 113–287 § 5(d)(37)(D)(iii) · 128 Stat. 3094

    Struck · 16 U.S.C. § 6812(e)(3)

    Pub. L. 113–287, § 5(d)(37)(D)(iii), struck out “; 16 U.S.C. 460l–6a” after “Public Law 104–134”

    Source evidence

    Code amendment note
    Subsec. (e)(3). Pub. L. 113–287, § 5(d)(37)(D)(iii), struck out “; 16 U.S.C. 460l–6a” after “Public Law 104–134”.

    Enacted provision · exact public law section
    (iii) in paragraph (3), by striking “; 16 U.S.C. 460l–6a”.

9 of 9 references resolved to an enrolled provision

Editorial Notes

References in Text

Section 4 of the Land and Water Conservation Fund Act of 1965, referred to in subsecs. (a) and (e)(1), was section 4 of Pub. L. 88–578, title I, as added by Pub. L. 92–347, § 2, , 86 Stat. 459, which was classified to former section 460l–6a of this title. Subsecs. (a) to (g) and (i) (except par. (1)(C)) of section 4 were repealed by subsec. (a) of this section. Subsec. (h) of section 4 was previously repealed by Pub. L. 104–66, title I, § 1081(f), , 109 Stat. 721. Subsecs. (i)(1)(C) and (j) to (n) of section 4 were repealed and restated as section 100904 of Title 54, National Park Service and Related Programs, by Pub. L. 113–287, §§ 3, 7, , 128 Stat. 3094, 3272.

The date the notice required by section 6804(a)(3) of this title is published in the Federal Register, referred to in subsecs. (a), (d), and (e)(2), is . See 71 F.R. 75935.

Sections 6804 and 6806 of this title, referred to in subsecs. (a), (d), and (e)(1), (2), were in the original references to sections 5 and 7, respectively, and were translated as meaning section 805 and 807, respectively, of title VIII of div. J of Pub. L. 108–447, to reflect the probable intent of Congress.

Section 315 of the Department of the Interior and Related Agencies Appropriations Act, 1996, referred to in subsecs. (b) and (e)(3), is Pub. L. 104–134, title I, § 101(c) [title III, § 315], , 110 Stat. 1321–156, 1321–200, which was set out as a note under former section 460l–6a of this title, prior to repeal by subsec. (b) of this section.

The National Parks Omnibus Management Act of 1998, referred to in subsecs. (d) and (e)(2), is Pub. L. 105–391, , 112 Stat. 3497. Section 502 of the Act was classified to section 5982 of this title, and title VI of the Act was classified generally to subchapter V (§ 5991 et seq.) of chapter 79 of this title, prior to repeal by subsec. (d) of this section. For complete classification of this Act to the Code, see Tables.

This chapter, referred to in subsecs. (e) and (f), was in the original “this Act”, and was translated as reading “this title”, meaning title VIII of div. J of Pub. L. 108–447, , 118 Stat. 3377, known as the Federal Lands Recreation Enhancement Act, to reflect the probable intent of Congress. For complete classification of title VIII to the Code, see Short Title note set out under section 6801 of this title and Tables.

Amendments2005–2014 · 2 rounds

2014

Subsec. (a). Pub. L. 113–287, § 5(d)(37)(A), which directed amendment of “subsection (A)” by striking out “(16 U.S.C. 460l–6a et seq.)”, was executed by striking out that language after “1965” in subsec. (a) to reflect the probable intent of Congress.

Subsec. (b). Pub. L. 113–287, § 5(d)(37)(B), struck out “; 16 U.S.C. 460l–6a” after “Public Law 104–134”.

Subsec. (d)(1). Pub. L. 113–287, § 5(d)(37)(C)(i), which directed amendment of subsec. (c)(1) by striking out “; 16 U.S.C. 5982”, was executed by striking out that language after “(Public Law 105–391” in subsec. (d)(1), to reflect the probable intent of Congress.

Subsec. (d)(2). Pub. L. 113–287, § 5(d)(37)(C)(ii), which directed amendment of subsec. (c)(2) by striking out “; 16 U.S.C. 5991–5995”, was executed by striking out that language after “(Public Law 105–391” in subsec. (d)(2), to reflect the probable intent of Congress.

Subsec. (e)(1). Pub. L. 113–287, § 5(d)(37)(D)(i), struck out “(16 U.S.C. 460l–6a(i)(1))” after “accounts established under section 4(i)(1) of the Land and Water Conservation Fund Act of 1965”.

Subsec. (e)(2). Pub. L. 113–287, § 5(d)(37)(D)(ii), struck out “; 16 U.S.C. 5991–5995” after “(Public Law 105–391”.

Subsec. (e)(3). Pub. L. 113–287, § 5(d)(37)(D)(iii), struck out “; 16 U.S.C. 460l–6a” after “Public Law 104–134”.

2005

Subsec. (a). Pub. L. 109–54 inserted “(except for paragraph (1)(C))” after “and (i)”.

Statutory Notes and Related Subsidiaries

Effective Date of 2005 Amendment

Pub. L. 109–54, title I, § 132(d), , 119 Stat. 526, provided that: “This section [amending this section and former section 460l–6a of this title and enacting provisions set out as a note under section 100904 of Title 54, National Park Service and Related Programs] and the amendments made by this section take effect as of .”

Credits

2004–2014 · 3 acts
  1. 2004Pub. L. 108–447, div. J, title VIII, § 813, , 118 Stat. 3390
  2. 2005Pub. L. 109–54, title I, § 132(a), , 119 Stat. 526
  3. 2014Pub. L. 113–287, § 5(d)(37), , 128 Stat. 3268.
Show as published

(Pub. L. 108–447, div. J, title VIII, § 813, , 118 Stat. 3390; Pub. L. 109–54, title I, § 132(a), , 119 Stat. 526; Pub. L. 113–287, § 5(d)(37), , 128 Stat. 3268.)

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