USC Subchapter LXIX

in effect

16 U.S.C. § 460l–6c Admission, entrance, and recreation fees

(a) DefinitionsAs used in this section:(1) Area of concentrated public useThe term “area of concentrated public use” means an area administered by the Secretary that meets each of the following criteria:(A) The area is managed primarily for outdoor recreation purposes. (B) Facilities and services necessary to accommodate heavy public use are provided in the area. (C) The area contains at least 1 major recreation attraction. (D) Public access to the area is provided in such a manner that admission fees can be efficiently collected at 1 or more centralized locations. (2) Boat launching facilityThe term “boat launching facility” includes any boat launching facility, regardless of whether specialized facilities or services, such as mechanical or hydraulic boat lifts or facilities, are provided. (3) CampgroundThe term “campground” means any campground where a majority of the following amenities are provided, as determined by the Secretary:(A) Tent or trailer spaces. (B) Drinking water. (C) An access road. (D) Refuse containers. (E) Toilet facilities. (F) The personal collection of recreation use fees by an employee or agent of the Secretary. (G) Reasonable visitor protection. (H) If campfires are permitted in the campground, simple devices for containing the fires. (4) SecretaryThe term “Secretary” means the Secretary of Agriculture. (b) Authority to impose feesThe Secretary may charge—(1) admission or entrance fees at national monuments, national volcanic monuments, national scenic areas, and areas of concentrated public use administered by the Secretary; and (2) recreation use fees at lands administered by the Secretary in connection with the use of specialized outdoor recreation sites, equipment, services, and facilities, including visitors’ centers, picnic tables, boat launching facilities, and campgrounds. (c) Amount of feesThe amount of the admission, entrance, and recreation fees authorized to be imposed under this section shall be determined by the Secretary.

16 U.S.C. § 460l–6d Filming and still photography

(a) Filming and still photography(1) In generalThe Secretary concerned shall ensure that a filming or still photography activity or similar project at a Federal land management unit (referred to in this section as a “filming or still photography activity”) and the authorizing or permitting of a filming or still photography activity are carried out consistent with—(A) the laws and policies applicable to the Secretary concerned; and (B) an applicable general management plan. (2) No permits requiredThe Secretary concerned shall not require an authorization or a permit or assess a fee, if a fee for a filming or still photography activity is not otherwise required by law, for a filming or still photography activity that—(A)(i) involves fewer than 6 individuals; and (ii) meets each of the requirements described in paragraph (5); or (B) is merely incidental to, or documenting, an activity or event that is allowed or authorized at the Federal land management unit, regardless of—(i) the number of individuals participating in the allowed or authorized activity or event; or (ii) whether any individual receives compensation for any products of the filming or still photography activity. (3) Filming and still photography authorizations for de minimis use(A) In generalThe Secretary concerned shall establish a de minimis use authorization for certain filming or still photography activities that meets the requirements described in subparagraph (F). (B) PolicyFor a filming or still photography activity that meets the requirements described in subparagraph (F), the Secretary concerned—(i) may require a de minimis use authorization; and (ii) shall not require a permit. (C) No feeThe Secretary concerned shall not charge a fee for a de minimis use authorization under this paragraph. (D) AccessThe Secretary concerned shall enable members of the public to apply for and obtain a de minimis use authorization under this paragraph—(i) through the website of the Department of the Interior or the Forest Service, as applicable; and (ii) in person at the field office for the Federal land management unit. (E) IssuancesThe Secretary concerned shall—(i) establish a procedure—(I) to automate the approval of an application submitted through the website of the Department of the Interior or the Forest Service, as applicable, under subparagraph (D)(i); and (II) to issue a de minimis use authorization under this paragraph immediately on receipt of an application that is submitted in person at the field office for the Federal land management unit under subparagraph (D)(ii); and (ii) if an application submitted under subparagraph (D) meets the requirements of this paragraph, immediately on receipt of the application issue a de minimis use authorization for the filming or still photography activity. (F) TermsThe Secretary concerned shall only issue a de minimis use authorization under this paragraph if the filming or still photography activity—(i) involves a group of not fewer than 6 individuals and not more than 8 individuals; (ii) meets each of the requirements described in paragraph (5); and (iii) is consistent with subsection (c). (G) ContentsA de minimis use authorization issued under this paragraph shall list the requirements described in subparagraph (F). (4) Required permits(A) In generalExcept as provided in paragraph (2)(B), the Secretary concerned may require a permit application and, if a permit is issued, assess a reasonable fee, as described in subsection (b)(1), for a filming or still photography activity that—(i) involves more than 8 individuals; or (ii) does not meet each of the requirements described in paragraph (5). (B) Wilderness Act clarificationNo provision of this subsection is intended to or shall be construed to conflict with the provisions of the Wilderness Act of 1964 (16 U.S.C. 1131 et seq.). (5) Requirements for filming or still photography activityThe requirements referred to in paragraphs (2)(A)(ii), (3)(F)(ii), (4)(B),11 So in original. Probably should refer to par. (4)(A)(ii). and (7)(C) 22 So in original. Par. (7)(C) does not refer to the requirements in par. (5). are as follows:(A) A person conducts the filming or still photography activity in a manner that—(i) does not impede or intrude on the experience of other visitors to the Federal land management unit; (ii) except as otherwise authorized, does not disturb or negatively impact—(I) a natural or cultural resource; or (II) an environmental or scenic value; and (iii) allows for equitable allocation or use of facilities of the Federal land management unit. (B) The person conducts the filming or still photography activity at a location in which the public is allowed. (C) The person conducting the filming or still photography activity does not require the exclusive use of a site or area. (D) The person does not conduct the filming or still photography activity in a localized area that receives a very high volume of visitation. (E) The person conducting the filming or still photography activity does not use a set or staging equipment, subject to the limitation that handheld equipment (such as a tripod, monopod, and handheld lighting equipment) shall not be considered staging equipment for the purposes of this subparagraph. (F) The person conducting the filming or still photography activity complies with and adheres to visitor use policies, practices, and regulations applicable to the Federal land management unit. (G) The filming or still photography activity is not likely to result in additional administrative costs being incurred by the Secretary concerned with respect to the filming or still photography activity, as determined by the Secretary concerned. (H) The person conducting the filming or still photography activity complies with other applicable Federal, State (as such term is defined in section 3 33 See References in Text note below. of the EXPLORE Act), and local laws (including regulations), including laws relating to the use of unmanned aerial equipment. (6) Content creationRegardless of distribution platform, any video, still photograph, or audio recording for commercial or noncommercial content creation at a Federal land management unit shall be considered to be a filming or still photography activity under this subsection. (7) Effect(A) Permits requested though not requiredOn the request of a person intending to carry out a filming or still photography activity, the Secretary concerned may issue a permit for the filming or still photography activity, even if a permit for the filming or still photography activity is not required under this section. (B) No additional permits, commercial use authorizations, or fees for filming and still photography at authorized eventsA filming or still photography activity at an activity or event that is allowed or authorized, including a wedding, engagement party, family reunion, or celebration of a graduate, shall be considered merely incidental for the purposes of paragraph (2)(B). (C) Monetary compensationThe receipt of monetary compensation by the person engaged in the filming or still photography activity shall not affect the permissibility of the filming or still photography activity. (b) Fees and recovery costs(1) FeesThe reasonable fees referred to in subsection (a)(4) shall meet each of the following criteria:(A) The reasonable fee shall provide a fair return to the United States. (B) The reasonable fee shall be based on the following criteria:(i) The number of days of the filming or still photography activity. (ii) The size of the film or still photography crew present at the Federal land management unit. (iii) The quantity and type of film or still photography equipment present at the Federal land management unit. (iv) Any other factors that the Secretary concerned determines to be necessary. (2) Recovery of costs(A) In generalThe Secretary concerned shall collect from the applicant for the applicable permit any costs incurred by the Secretary concerned related to a filming or still photography activity subject to a permit under subsection (a)(4), including—(i) the costs of the review or issuance of the permit; and (ii) related administrative and personnel costs. (B) Effect on fees collectedAll costs recovered under subparagraph (A) shall be in addition to the fee described in paragraph (1). (3) Use of proceeds(A) FeesAll fees collected under this section shall—(i) be available for expenditure by the Secretary concerned, without further appropriation; and (ii) remain available until expended. (B) CostsAll costs recovered under paragraph (2)(A) shall—(i) be available for expenditure by the Secretary concerned, without further appropriation, at the Federal land management unit at which the costs are collected; and (ii) remain available until expended. (c) Protection of resourcesThe Secretary concerned shall not allow a person to undertake a filming or still photography activity if the Secretary concerned determines that—(1) there is a likelihood that the person would cause resource damage at the Federal land management unit, except as otherwise authorized; (2) the person would create an unreasonable disruption of the use and enjoyment by the public of the Federal land management unit; or (3) the filming or still photography activity poses a health or safety risk to the public. (d) Processing of permit applications(1) In generalThe Secretary concerned shall establish a process to ensure that the Secretary concerned responds in a timely manner to an application for a permit for a filming or still photography activity required under subsection (a)(4). (2) CoordinationIf a permit is required under this section for 2 or more Federal agencies or Federal land management units, the Secretary concerned and the head of any other applicable Federal agency, as applicable, shall, to the maximum extent practicable, coordinate permit processing procedures, including through the use of identifying a lead agency or lead Federal land management unit—(A) to review the application for the permit; (B) to issue the permit; and (C) to collect any required fees. (e) DefinitionsIn this section:(1) Federal land management unitThe term “Federal land management unit” means—(A) Federal land (other than National Park System land) under the jurisdiction of the Secretary of the Interior; and (B) National Forest System land. (2) Secretary concernedThe term “Secretary concerned” means—(A) the Secretary of the Interior, with respect to land described in paragraph (1)(A); and (B) the Secretary of Agriculture, with respect to land described in paragraph (1)(B).

16 U.S.C. § 460l–12 Recreation and fish and wildlife benefits of Federal multiple-purpose water resources projects; Congressional declaration of policy

It is the policy of the Congress and the intent of this part (a) in investigating and planning any Federal navigation, flood control, reclamation, hydroelectric, or multiple-purpose water resource project, full consideration shall be given to the opportunities, if any, which the project affords for outdoor recreation and for fish and wildlife enhancement and that, wherever any such project can reasonably serve either or both of these purposes consistently with the provisions of this part, it shall be constructed, operated, and maintained accordingly; (b) planning with respect to the development of the recreation potential of any such project shall be based on the coordination of the recreational use of the project area with the use of existing and planned Federal, State, or local public recreation developments; and (c) project construction agencies shall encourage non-Federal public bodies to administer project land and water areas for recreation and fish and wildlife enhancement purposes and operate, maintain, and replace facilities provided for those purposes unless such areas or facilities are included or proposed for inclusion within a national recreation area, or are 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.

16 U.S.C. § 460l–13 Non-Federal administration of project land and water areas

(a) Allocation of costsIf, 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—(1) the benefits of the project to said purpose or purposes shall be taken into account in determining the economic benefits of the project; (2) 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 (3) 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. (b) Non-Federal share of costsThe 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.

16 U.S.C. § 460l–14 Facilities or project modifications to be provided without written indication of intent

(a) Other project purposes as justification; public health and safety requirement of minimum facilities at access points; basis for calculation of benefits; nonreimbursable costsNo facilities or project modifications which will furnish recreation or fish and wildlife enhancement benefits shall be provided in the absence of the indication of intent with respect thereto specified in section 460l–13(a) of this title unless (1) such facilities or modifications serve other project purposes and are justified thereby without regard to such incidental recreation or fish and wildlife enhancement benefits as they may have or (2) they are minimum facilities which are required for the public health and safety and are located at access points provided by roads existing at the time of project construction or constructed for the administration and management of the project. Calculation of the recreation and fish and wildlife enhancement benefits in any such case shall be based on the number of visitor-days anticipated in the absence of recreation and fish and wildlife enhancement facilities or modifications except as hereinbefore provided and on the value per visitor-day of the project without such facilities or modifications. Project costs allocated to recreation and fish and wildlife enhancement on this basis shall be nonreimbursable. (b) Preservation of recreation and fish and wildlife enhancement potential; execution of agreements within ten year period; disposition of lands in absence of such agreements, prohibition against uses conflicting with project purposes, and preference to uses promoting and not detracting from such potentialNotwithstanding the absence of an indication of intent as specified in section 460l–13(a) of this title, lands may be provided in connection with project construction to preserve the recreation and fish and wildlife enhancement potential of the project:(1) If non-Federal public bodies execute an agreement after initial operation of the project (which agreement shall provide that the non-Federal public bodies will administer project land and water areas for recreation or fish and wildlife enhancement or both pursuant to the plan for the development of the project approved by the head of the agency having administrative jurisdiction over it and will bear not less than one-half the costs of lands, facilities, and project modifications provided for recreation, and will bear one-quarter of such costs for fish and wildlife enhancement, and not less than one-half the costs of planning studies, and the costs of operation, maintenance, and replacement attributable thereto) the remainder of the costs of lands, facilities, and project modifications provided pursuant to this paragraph shall be nonreimbursable. Such agreement and subsequent development, however, shall not be the basis for any reallocation of joint costs of the project to recreation or fish and wildlife enhancement. (2) If, within ten years after initial operation of the project, there is not an executed agreement as specified in paragraph (1) of this subsection, the head of the agency having jurisdiction over the project may utilize the lands for any lawful purpose within the jurisdiction of his agency, or may offer the land for sale to its immediate prior owner or his immediate heirs at its appraised fair market value as approved by the head of the agency at the time of offer or, if a firm agreement by said owner or his immediate heirs is not executed within ninety days of the date of the offer, may transfer custody of the lands to another Federal agency for use for any lawful purpose within the jurisdiction of that agency, or may lease the lands to a non-Federal public body, or may transfer the lands to the Administrator of General Services for disposition in accordance with the surplus property laws of the United States. In no case shall the lands be used or made available for use for any purpose in conflict with the purposes for which the project was constructed, and in every case except that of an offer to purchase made, as hereinbefore provided, by the prior owner or his heirs preference shall be given to uses which will preserve and promote the recreation and fish and wildlife enhancement potential of the project or, in the absence thereof, will not detract from that potential. (c) Expansion or modification of existing facilities(1) Any recreation facility constructed under this part may be expanded or modified if—(A) the facility is inadequate to meet recreational demands; and (B) a non-Federal public body executes an agreement which provides that such public body—(i) will administer the expanded or modified facilities pursuant to a plan for development for the project that is approved by the agency with administrative jurisdiction over the project; and (ii) will bear not less than one-half of the planning and capital costs of such expansion or modification and not less than one-half of the costs of the operation, maintenance, and replacement attributable to the expansion of the facility. (2) The Federal share of the cost of expanding or modifying a recreational facility described in paragraph (1) may not exceed 50 percent of the total cost of expanding or modifying the facility.

16 U.S.C. § 460l–15 Lease of facilities and lands to non-Federal public bodies

At projects, the construction of which has commenced or been completed as of July 9, 1965, where non-Federal public bodies agree to administer project land and water areas for recreation and fish and wildlife enhancement purposes and to bear the 11 So in original. The word “the” probably should not appear. not less than one-half the costs of operation, maintenance, and replacement of existing facilities serving those purposes, such facilities and appropriate project lands may be leased to non-Federal public bodies.

16 U.S.C. § 460l–16 Postauthorization development of projects without allocation or reallocation of costs

Nothing herein shall be construed as preventing or discouraging postauthorization development of any project for recreation or fish and wildlife enhancement or both by non-Federal public bodies pursuant to agreement with the head of the Federal agency having jurisdiction over the project. Such development shall not be the basis for any allocation or reallocation of project costs to recreation or fish and wildlife enhancement.

16 U.S.C. § 460l–17 Miscellaneous provisions

(a) Project reports; outdoor recreation views; conformity to State comprehensive planThe 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. (b) Omitted (c) Migratory waterfowl refuges at Federal projects; expenditure limitation for acquisition of landsExpenditures 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. (d) Nonapplication to certain projectsThis 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.]. (e) Nonapplication to certain other projectsSections 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. (f) Interpretation of “nonreimbursable”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. (g) Nonapplication of section 200306(a)(3) of title 54 to nonreimbursable costs of the United Statessection 11 So in original. Probably should be capitalized. 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. (h) Deposits in Treasury as miscellaneous receipts; deposits of revenue from conveyance of certain lands in Land and Water Conservation FundAll 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.

16 U.S.C. § 460l–18 Authority of Secretary of the Interior

(a) Provision of facilities, acquisition of lands, and provision for public use and enjoyment of project lands, facilities, and water areas in coordination with other project purposes; execution of agreements before providing lands, facilities, and project modificationsThe Secretary is authorized, in conjunction with any reservoir heretofore constructed by him pursuant to the Federal reclamation laws or any reservoir which is otherwise under his control, except reservoirs within national wildlife refuges, to investigate, plan, construct, operate and maintain, or otherwise provide for public outdoor recreation and fish and wildlife enhancement facilities, to acquire or otherwise make available such adjacent lands or interests therein as are necessary for public outdoor recreation or fish and wildlife use, and to provide for public use and enjoyment of project lands, facilities, and water areas in a manner coordinated with the other project purposes. Lands, facilities and project modifications for the purposes of this subsection may be provided only after an agreement in accordance with subsection (b) or (c) of section 460l–14 of this title has been executed. (b) Agreements with government agencies to promote development and operation of lands or facilities for recreation and fish and wildlife enhancement purposesThe Secretary of the Interior is authorized to enter into agreements with Federal agencies or State or local public bodies for the administration of project land and water areas and the operation, maintenance, and replacement of facilities and to transfer project lands or facilities to Federal agencies or State or local public bodies by lease agreement or exchange upon such terms and conditions as will best promote the development and operation of such lands or facilities in the public interest for recreation and fish and wildlife enhancement purposes. (c) Transfer of lands; consent of other Federal agencies to use of lands for recreation or fish and wildlife purposes; transfers to Secretary of Agriculture of forest lands; continuing administration of lands and waters for other project purposes; prohibition against limitation of authority under existing provisions of lawNo lands under the jurisdiction of any other Federal agency may be included for or devoted to recreation or fish and wildlife purposes under the authority of this section without the consent of the head of such agency; and the head of any such agency is authorized to transfer any such lands to the jurisdiction of the Secretary of the Interior for purposes of this section. The Secretary of the Interior is authorized to transfer jurisdiction over project lands within or adjacent to the exterior boundaries of national forests and facilities thereon to the Secretary of Agriculture for recreation and other national forest system purposes; and such transfer shall be made in each case in which the project reservoir area is located wholly within the exterior boundaries of a national forest unless the Secretaries of Agriculture and Interior jointly determine otherwise. Where any project lands are transferred hereunder to the jurisdiction of the Secretary of Agriculture, the lands involved shall become national forest lands: Provided, That the lands and waters within the flow lines of any reservoir or otherwise needed or used for the operation of the project for other purposes shall continue to be administered by the Secretary of the Interior to the extent he determines to be necessary for such operation. Nothing herein shall limit the authority of the Secretary of the Interior granted by existing provisions of law relating to recreation or fish and wildlife development in connection with water resource projects or to disposition of public lands for such purposes.

16 U.S.C. § 460l–19 Feasibility reports

Effective on and after July 1, 1966, neither the Secretary of the Interior nor any bureau nor any person acting under his authority shall engage in the preparation of any feasibility report under reclamation law with respect to any water resource project unless the preparation of such feasibility report has been specifically authorized by law, any other provision of law to the contrary notwithstanding.

16 U.S.C. § 460l–20 Construction of projects under certain laws with allocations to recreation and fish and wildlife enhancement exceeding allocations to other functions unauthorized; exception

Nothing contained in this part shall be taken to authorize or to sanction the construction under the Federal reclamation laws or under any Rivers and Harbors or Flood Control Act of any project in which the sum of the allocations to recreation and fish and wildlife enhancement exceeds the sum of the allocations to irrigation, hydroelectric power, municipal, domestic and industrial water supply, navigation, and flood control, except that this section shall not apply to any such project for the enhancement of anadromous fisheries, shrimp, or for the conservation of migratory birds protected by treaty, when each of the other functions of such a project has, of itself, a favorable benefit-cost ratio.

16 U.S.C. § 460l–21 Definitions

As used in this part: (a) The term “project” shall mean a project or any appropriate unit thereof. (b) The term “separable costs,” as applied to any project purpose, means the difference between the capital cost of the entire multiple-purpose project and the capital cost of the project with the purpose omitted. (c) The term “joint costs” means the difference between the capital cost of the entire multiple-purpose project and the sum of the separable costs for all project purposes. (d) The term “feasibility report” shall mean any report of the scope required by the Congress when formally considering authorization of the project of which the report treats. (e) The term “capital cost” includes interest during construction, wherever appropriate.

16 U.S.C. § 460l–31 Findings

The Congress finds and declares the following: (1) There is a Federal responsibility to provide opportunities for public recreation at Federal water projects. (2) Some provisions of the Federal Water Project Recreation Act [16 U.S.C. 460l–12 et seq.] are outdated because of increases in demand for outdoor recreation and changes in the economic climate for recreation managing entities. (3) Provisions of such Act relating to non-Federal responsibility for all costs of operation, maintenance, and replacement of recreation facilities result in an unfair burden, especially in cases where the facilities are old or underdesigned. (4) Provisions of such Act that limit the Federal share of recreation facility development at water projects completed before 1965 to $100,000 preclude a responsible Federal share in providing adequate opportunities for safe outdoor recreation. (5) There should be Federal authority to expand existing recreation facilities to meet public demand, in partnership with non-Federal interests. (6) Nothing in this part changes the responsibility of the Bureau to meet the purposes for which Federal Reclamation projects were initially authorized and constructed. (7) It is therefore in the best interest of the people of this Nation to amend the Federal Water Project Recreation Act [16 U.S.C. 460l–12 et seq.] to remove outdated restrictions and authorize the Secretary of the Interior to undertake specific measures for the management of Reclamation lands.

16 U.S.C. § 460l–32 Definitions

For the purposes of this part: (1) The term “Reclamation lands” means real property administered by the Secretary, acting through the Commissioner of Reclamation, and includes all acquired and withdrawn lands and water areas under jurisdiction of the Bureau. (2) The term “Reclamation program” means any activity authorized under the Federal reclamation laws (the Act of June 17, 1902 (32 Stat. 388, chapter 1093; 43 U.S.C. 371)),11 So in original. There should probably be only a single closing parenthesis. See References in Text note below. and Acts supplementary thereto and amendatory thereof). (3) The term “Reclamation project” means any water supply or water delivery project constructed or administered by the Bureau of Reclamation under the Federal reclamation laws (the Act of June 17, 1902 (32 Stat. 388, chapter 1093; 43 U.S.C. 371),22 See References in Text note below. and Acts supplementary thereto and amendatory thereof). (4) The term “Secretary” means the Secretary of the Interior.

16 U.S.C. § 460l–33 Management of reclamation lands

(a) Administration(1) Upon a determination that any such fee, charge, or commission is reasonable and appropriate, the Secretary acting through the Commissioner of Reclamation, is authorized to establish—(A) filing fees for applications and other documents concerning entry upon and use of Reclamation lands; (B) recreation user fees; and (C) charges or commissions for the use of Reclamation lands. (2) The Secretary, acting through the Commissioner of Reclamation, shall promulgate such regulations as the Secretary determines to be necessary—(A) to carry out the provisions of this section and section 460l–34 of this title; (B) to ensure the protection, comfort, and well-being of the public (including the protection of public safety) with respect to the use of Reclamation lands; and (C) to ensure the protection of resource values. (b) InventoryThe Secretary, acting through the Commissioner of Reclamation, is authorized to—(1) prepare and maintain on a continuing basis an inventory of resources and uses made of Reclamation lands and resources, keep records of such inventory, and make such records available to the public; and (2) ascertain the boundaries of Reclamation lands and provide a means for public identification (including, where appropriate, providing signs and maps). (c) Planning(1)(A) 11 So in original. No par. (2) has been enacted. The Secretary, acting through the Commissioner of Reclamation, is authorized to develop, maintain, and revise resource management plans for Reclamation lands. (B) Each plan described in subparagraph (A)—(i) shall be consistent with applicable laws (including any applicable statute, regulation, or Executive order); (ii) shall be developed in consultation with—(I) such heads of Federal and non-Federal departments or agencies as the Secretary determines to be appropriate; and (II) the authorized beneficiaries (as determined by the Secretary) of any Reclamation project included in the plan; and (iii) shall be developed with appropriate public participation. (C) Each plan described in subparagraph (A) shall provide for the development, use, conservation, protection, enhancement, and management of resources of Reclamation lands in a manner that is compatible with the authorized purposes of the Reclamation project associated with the Reclamation lands. (d) Nonreimbursable fundsFunds expended by the Secretary in carrying out the provisions of this part shall be nonreimbursable under the Federal reclamation laws (the Act of June 17, 1902 (32 Stat. 388, chapter 1093; 43 U.S.C. 371),22 See References in Text note below. and Acts supplementary thereto and amendatory thereof).

16 U.S.C. § 460l–34 Protection of authorized purposes of reclamation projects

(a) Nothing in this part shall be construed to change, modify, or expand the authorized purposes of any Reclamation project. (b) The expansion or modification of a recreational facility constructed under this part shall not increase the capital repayment responsibilities or operation and maintenance expenses of the beneficiaries of authorized purposes of the associated Reclamation project. The term “beneficiaries” does not include those entities who sign agreements or enter into contracts for recreation facilities pursuant to the Federal Water Project Recreation Act [16 U.S.C. 460l–12 et seq.].