FEDERAL WATER PROJECT RECREATION ACT be taken as either the fair market value of the lands and facilities on the date of the contract or the actual cost of lands specif 1823 ically acquired for transfer to the United States as payment. Memorandum of Associate Solicitor Meyer, September 23, 1966. Sec. 4. [Lease of facilities and lands to non-Federal public bodies.]—At projects, the construction of which has commenced or been completed as of the effective date of this Act, 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 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. (79 Stat. 215; 16 U.S.C. § 4601-15) Sec. 5. [Post authorization project development.]—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. (79 Stat. 215; 16 U.S.C. § 4607-16) Sec. 6. [Misc.: Reports, cost allocation, expenditures, TVA and other projects excluded, payments and repayments.]—(a) The views of the Secretary of the Interior developed in accordance with section 3 of the Act of May 28, 1963 (77 Stat. 49), 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 Act. 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 subsection 5(d) of the Land and Water Conservation Fund Act of 1965 (78 Stat. 897). (79 Stat. 216; 16 U.S.C. § 4607-17) EXPLANATORY Note References in the Text. The Act of May 28, 1963 (77 Stat. 49), and the Land and Water Conservation Fund Act of 1965 (78 Stat. 897), enacted September 3, 1964, referred to in the text are both found herein in chronological order. (b) The first proviso of subsection 2(d) of the Act of August 12, 1958 (72 Stat. 563; 16 U.S.C. 662(d)), is amended to read as follows: "Provided, That such cost attributable to the development and improvement of wildlife shall not extend beyond that necessary for (1) land acquisition, (2) facilities as specifically recommended in water resource project reports, (3) modification of the project, and (4) modification of project operations, but shall not include the operation of wildlife facilities." The second proviso of subsection 2(d) of said Act is hereby repealed. (79 Stat. 216; 16 U.S.C. § 662) EXPLANATORY NOTE Reference in Text. The Act of August 12, 1958, referred to in text, names and amends the Fish and Wildlife Coordination Act. The second proviso of section 2(d) of that Act, here repealed, among other things, provided that costs of Federal reclamation projects attributable to mitigation of dainage to fish and wildlife resources were nonreimbursable. The 1958 Act appears herein in chronological order. The full text of the Fish and Wildlife Coordination Act, as amended, appears herein in chronological order under the Act of August 14, 1946. 1824 FEDERAL WATER PROJECT RECREATION ACT (c) 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. (79 Stat. 216; 16 U.S.C. § 4601-17) (d) This Act shall not apply to the Tennessee Valley Authority, nor to projects constructed under authority of the Small Reclamation Projects Act, as amended, or under authority of the Watershed Protection and Flood Prevention Act, as amended. (79 Stat. 216; 16 U.S.C. § 4067-17) EXPLANATORY NOTE References in the Text. The Small Reclamation Projects Act (enacted August 6, 1956), and the Watershed and Flood Pre vention Act (enacted August 4, 1954), referred to in the text, both appear herein in chronological order. (e) Sections 2, 3, 4, and 5 of this Act 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. (79 Stat. 216; 16 U.S.C. § 4601-17) (f) As used in this Act, the term "nonreimbursable" shall not be construed to prohibit the imposition of entrance, admission, and other recreation user fees or charges. (79 Stat. 216; 16 U.S.C. § 4601-17) (g) Subsection 6(a)(2) of the Land and Water Conservation Fund Act of 1965 (78 Stat. 897) 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 subsection 2(a) or subsection 3(b) (1) of this Act. (79 Stat. 216; 16 U.S.C. § 4601–17) EXPLANATORY NOTE Reference in the Text. Subsection 6(a) (2) of the Land and Water Conservation Fund Act of 1965 (78 Stat. 897), enacted September 3, 1964, referred to in the text, deals with moneys appropriated from the fund which are paid into miscellaneous receipts of the Treasury as a partial offset to costs allotted to recreation and fish and wildlife values at Federal water development projects. The Act appears herein in chronological order. (h) All payments and repayment by non-Federal public bodies under the provisions of this Act shall be deposited in the Treasury as miscellaneous receipts, and revenue from the conveyance by deed, lease, or otherwise, of lands under subsection 3(b) (2) of this Act shall be deposited in the Land and Water Conservation Fund. (79 Stat. 216; 16 U.S.C. § 4601-17) FEDERAL WATER PROJECT RECREATION ACT 1825 Sec. 7. [Existing reservoirs-Other agencies.]—(a) The 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: Provided, That not more than $100,000 shall be available to carry out the provisions of this subsection at any one reservoir. Lands, facilities and project modifications for the purposes of this subsection may be provided only after an agreement in accordance with subsection 3(b) of this Act has been executed. Authority for development 1 1. Authority for development NOTES OF OPINIONS The Federal Water Project Recreation Act does not grant the Secretary authority to construct and operate recreation facilities and to acquire lands for recreation purposes at new water resource projects, and therefore such authority must be contained in the authorizing legislation for each new project. However, the Secretary continues to have the authority under the Fish and Wildlife Coordination Act to construct fish and wildlife enhancement facilities, and the intrinsic authority to construct minimum health and safety facilities. Memorandum of Acting Solicitor Weinberg, August 13, 1965. 2. Limit on Federal expenditures The $100,000 limit extends to that part of the Federal expenditure which is to be repaid by the non-Federal public body as well as to that part which is nonreim bursable. For example, if the total cost of the project is $150,000, $100,000 of Federal money is authorized to be expended on it, of which $75,000 (one-half of total project cost) would be nonreimbursable and $25,000 would be subject to repayment; the non-Federal public body would have to contribute $50,000 in cash or in kind. Memorandum of Associate Solicitor Hogan, September 27, 1965. 3. Local contribution In computing the 50 percent share of costs required by sections 7(a) and 3(b) to be contributed by non-Federal interests, recognition may be given under section 2(b) (1) to non-Federal lands or facilities if title thereto is transferred to the United States. The amount of the contribution can be taken as either the fair market value of the lands and facilities on the date of the contract or the actual cost of lands specifically acquired for transfer to the United States as payment. Memorandum of Associate Solicitor Meyer, September 23, 1966. (b) The 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) No 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 1824 FEDERAL WATER PROJECT RECREATION ACT (c) 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. (79 Stat. 216; 16 U.S.C. § 4601-17) (d) This Act shall not apply to the Tennessee Valley Authority, nor to projects constructed under authority of the Small Reclamation Projects Act, as amended, or under authority of the Watershed Protection and Flood Prevention Act, as amended. (79 Stat. 216; 16 U.S.C. § 406/-17) EXPLANATORY NOTE References in the Text. The Small Reclamation Projects Act (enacted August 6, 1956), and the Watershed and Flood Pre vention Act (enacted August 4, 1954), referred to in the text, both appear herein in chronological order. (e) Sections 2, 3, 4, and 5 of this Act 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. (79 Stat. 216; 16 U.S.C. § 4601-17) (f) As used in this Act, the term "nonreimbursable" shall not be construed to prohibit the imposition of entrance, admission, and other recreation user fees or charges. (79 Stat. 216; 16 U.S.C. § 4601-17) (g) Subsection 6(a)(2) of the Land and Water Conservation Fund Act of 1965 (78 Stat. 897) 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 subsection 2(a) or subsection 3(b)(1) of this Act. (79 Stat. 216; 16 U.S.C. § 4601-17) EXPLANATORY NOTE Reference in the Text. Subsection 6(a) (2) of the Land and Water Conservation Fund Act of 1965 (78 Stat. 897), enacted September 3, 1964, referred to in the text, deals with moneys appropriated from the fund which are paid into miscellaneous receipts of the Treasury as a partial offset to costs allotted to recreation and fish and wildlife values at Federal water development projects. The Act appears herein in chronological order. (h) All payments and repayment by non-Federal public bodies under the provisions of this Act shall be deposited in the Treasury as miscellaneous receipts, and revenue from the conveyance by deed, lease, or otherwise, of lands under subsection 3(b) (2) of this Act shall be deposited in the Land and Water Conservation Fund. (79 Stat. 216; 16 U.S.C. § 4607-17) FEDERAL WATER PROJECT RECREATION ACT 1825 Sec. 7. [Existing reservoirs-Other agencies.]—(a) The 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: Provided, That not more than $100,000 shall be available to carry out the provisions of this subsection at any one reservoir. Lands, facilities and project modifications for the purposes of this subsection may be provided only after an agreement in accordance with subsection 3(b) of this Act has been executed. Authority for development 1 1. Authority for development NOTES OF OPINIONS The Federal Water Project Recreation Act does not grant the Secretary authority to construct and operate recreation facilities and to acquire lands for recreation purposes at new water resource projects, and therefore such authority must be contained in the authorizing legislation for each new project. However, the Secretary continues to have the authority under the Fish and Wildlife Coordination Act to construct fish and wildlife enhancement facilities, and the intrinsic authority to construct minimum health and safety facilities. Memorandum of Acting Solicitor Weinberg, August 13, 1965. 2. Limit on Federal expenditures The $100,000 limit extends to that part of the Federal expenditure which is to be repaid by the non-Federal public body as well as to that part which is nonreim bursable. For example, if the total cost of the project is $150,000, $100,000 of Federal money is authorized to be expended on it, of which $75,000 (one-half of total project cost) would be nonreimbursable and $25,000 would be subject to repayment; the non-Federal public body would have to contribute $50,000 in cash or in kind. Memorandum of Associate Solicitor Hogan, September 27, 1965. 3. Local contribution In computing the 50 percent share of costs required by sections 7(a) and 3(b) to be contributed by non-Federal interests, recognition may be given under section 2(b) (1) to non-Federal lands or facilities if title thereto is transferred to the United States. The amount of the contribution can be taken as either the fair market value of the lands and facilities on the date of the contract or the actual cost of lands specifically acquired for transfer to the United States as payment. Memorandum of Associate Solicitor Meyer, September 23, 1966. (b) The 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) No 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 |