Subtitle II—Outdoor Recreation Programs
CHAPTER 2001—COORDINATION OF PROGRAMS
200101.
Findings and declaration of policy.
200103.
Authority of Secretary to carry out certain functions and activities.
200104.
Consultations of Secretary with administrative officers; execution of administrative responsibilities in conformity with nationwide plan.
§200101. Findings and declaration of policy
Congress finds and declares it is desirable—
(1) that all American people of present and future generations be assured adequate outdoor recreation resources; and
(2) for all levels of government and private interests to take prompt and coordinated action to the extent practicable without diminishing or affecting their respective powers and functions to conserve, develop, and utilize those resources for the benefit and enjoyment of the American people.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3169.)
Executive Documents
A 21st Century Strategy for America's Great Outdoors
Memorandum of President of the United States, Apr. 16, 2010, 75 F.R. 20767, provided:
Memorandum for the Secretary of the Interior[,] the Secretary of Agriculture[,] the Administrator of the Environmental Protection Agency[, and] the Chair of the Council on Environmental Quality
Americans are blessed with a vast and varied natural heritage. From mountains to deserts and from sea to shining sea, America's great outdoors have shaped the rugged independence and sense of community that define the American spirit. Our working landscapes, cultural sites, parks, coasts, wild lands, rivers, and streams are gifts that we have inherited from previous generations. They are the places that offer us refuge from daily demands, renew our spirits, and enhance our fondest memories, whether they are fishing with a grandchild in a favorite spot, hiking a trail with a friend, or enjoying a family picnic in a neighborhood park. They also are our farms, ranches, and forests—the working lands that have fed and sustained us for generations. Americans take pride in these places, and share a responsibility to preserve them for our children and grandchildren.
Today, however, we are losing touch with too many of the places and proud traditions that have helped to make America special. Farms, ranches, forests, and other valuable natural resources are disappearing at an alarming rate. Families are spending less time together enjoying their natural surroundings. Despite our conservation efforts, too many of our fields are becoming fragmented, too many of our rivers and streams are becoming polluted, and we are losing our connection to the parks, wild places, and open spaces we grew up with and cherish. Children, especially, are spending less time outside running and playing, fishing and hunting, and connecting to the outdoors just down the street or outside of town.
Across America, communities are uniting to protect the places they love, and developing new approaches to saving and enjoying the outdoors. They are bringing together farmers and ranchers, land trusts, recreation and conservation groups, sportsmen, community park groups, governments and industry, and people from all over the country to develop new partnerships and innovative programs to protect and restore our outdoors legacy. However, these efforts are often scattered and sometimes insufficient. The Federal Government, the Nation's largest land manager, has a responsibility to engage with these partners to help develop a conservation agenda worthy of the 21st Century. We must look to the private sector and nonprofit organizations, as well as towns, cities, and States, and the people who live and work in them, to identify the places that mean the most to Americans, and leverage the support of the Federal Government to help these community-driven efforts to succeed. Through these partnerships, we will work to connect these outdoor spaces to each other, and to reconnect Americans to them.
For these reasons, it is hereby ordered as follows:
Section 1. Establishment.
(a) There is established the America's Great Outdoors Initiative (Initiative), to be led by the Secretaries of the Interior and Agriculture, the Administrator of the Environmental Protection Agency, and the Chair of the Council on Environmental Quality (CEQ) and implemented in coordination with the agencies listed in section 2(b) of this memorandum. The Initiative may include the heads of other executive branch departments, agencies, and offices (agencies) as the President may, from time to time, designate.
(b) The goals of the Initiative shall be to:
(i) Reconnect Americans, especially children, to America's rivers and waterways, landscapes of national significance, ranches, farms and forests, great parks, and coasts and beaches by exploring a variety of efforts, including:
(A) promoting community-based recreation and conservation, including local parks, greenways, beaches, and waterways;
(B) advancing job and volunteer opportunities related to conservation and outdoor recreation; and
(C) supporting existing programs and projects that educate and engage Americans in our history, culture, and natural bounty.
(ii) Build upon State, local, private, and tribal priorities for the conservation of land, water, wildlife, historic, and cultural resources, creating corridors and connectivity across these outdoor spaces, and for enhancing neighborhood parks; and determine how the Federal Government can best advance those priorities through public private partnerships and locally supported conservation strategies.
(iii) Use science-based management practices to restore and protect our lands and waters for future generations.
Sec. 2. Functions. The functions of the Initiative shall include:
(a) Outreach. The Initiative shall conduct listening and learning sessions around the country where land and waters are being conserved and community parks are being established in innovative ways. These sessions should engage the full range of interested groups, including tribal leaders, farmers and ranchers, sportsmen, community park groups, foresters, youth groups, businesspeople, educators, State and local governments, and recreation and conservation groups. Special attention should be given to bringing young Americans into the conversation. These listening sessions will inform the reports required in subsection (c) of this section.
(b) Interagency Coordination. The following agencies shall work with the Initiative to identify existing resources and align policies and programs to achieve its goals:
(i) the Department of Defense;
(ii) the Department of Commerce;
(iii) the Department of Housing and Urban Development;
(iv) the Department of Health and Human Services;
(v) the Department of Labor;
(vi) the Department of Transportation;
(vii) the Department of Education; and
(viii) the Office of Management and Budget (OMB).
(c) Reports. The Initiative shall submit, through the Chair of the CEQ, the following reports to the President:
(i) Report on America's Great Outdoors. By November 15, 2010, the Initiative shall submit a report that includes the following:
(A) a review of successful and promising nonfederal conservation approaches;
(B) an analysis of existing Federal resources and programs that could be used to complement those approaches;
(C) proposed strategies and activities to achieve the goals of the Initiative; and
(D) an action plan to meet the goals of the Initiative.
The report should reflect the constraints in resources available in, and be consistent with, the Federal budget. It should recommend efficient and effective use of existing resources, as well as opportunities to leverage nonfederal public and private resources and nontraditional conservation programs.
(ii) Annual reports. By September 30, 2011, and September 30, 2012, the Initiative shall submit reports on its progress in implementing the action plan developed pursuant to subsection (c)(i)(D) of this section.
Sec. 3. General Provisions.
(a) This memorandum shall be implemented consistent with applicable law and subject to the availability of any necessary appropriations.
(b) This memorandum does not create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
(c) The heads of executive departments and agencies shall assist and provide information to the Initiative, consistent with applicable law, as may be necessary to carry out the functions of the Initiative. Each executive department and agency shall bear its own expenses of participating in the Initiative.
(d) Nothing in this memorandum shall be construed to impair or otherwise affect the functions of the Director of the OMB relating to budgetary, administrative, or legislative proposals.
(e) The Chair of the CEQ is authorized and directed to publish this memorandum in the Federal Register.
Barack Obama.
§200102. Definitions
As used in this chapter:
(1) State.—The term "State", to the extent practicable, as determined by the Secretary, includes Puerto Rico, Guam, American Samoa, the Virgin Islands, and the Northern Mariana Islands.
(2) United States.—The term "United States"—
(A) includes the District of Columbia; and
(B) to the extent practicable, as determined by the Secretary, includes Puerto Rico, Guam, American Samoa, the Virgin Islands, and the Northern Mariana Islands.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3169.)
The words "the Trust Territory of the Pacific Islands" are omitted as obsolete. See note at 48 U.S.C. prec. 1681. For continued application of certain laws of the United States in certain cases, see the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America (48 U.S.C. 1801 note), the Compact of Free Association between the Government of the United States of America and the Governments of the Marshall Islands and the Federated States of Micronesia (48 U.S.C. 1901 note), and the Compact of Free Association between the Government of the United States of America and the Government of Palau (48 U.S.C. 1931 note). The words "as determined by the Secretary" are added to make it clear that it is the Secretary who determines if it is practicable to include the stated entities.
§200103. Authority of Secretary to carry out certain functions and activities
(a) In General.—To carry out this chapter, the Secretary may perform the functions and activities described in this section.
(b) Inventory and Evaluation.—The Secretary may prepare and maintain a continuing inventory and evaluation of outdoor recreation needs and resources of the United States.
(c) Classification System.—The Secretary may prepare a system for classification of outdoor recreation resources to assist in the effective and beneficial use and management of such resources.
(d) Recreation Plan.—The Secretary may formulate and maintain a comprehensive nationwide outdoor recreation plan, taking into consideration the plans of the various Federal agencies, States, and their political subdivisions. The plan shall set forth the needs and demands of the public for outdoor recreation and the current and foreseeable availability in the future of outdoor recreation resources to meet those needs. The plan shall identify critical outdoor recreation problems, recommend solutions, and recommend desirable actions to be taken at each level of government and by private interests. The Secretary shall submit the plan to the President for transmittal to Congress. Revisions of the plan shall be similarly transmitted at succeeding 5-year intervals. When a plan or revision is transmitted to the Congress, the Secretary shall transmit copies to the chief executive officials of the States.
(e) Technical Assistance and Advice.—The Secretary may provide technical assistance and advice to and cooperate with States, political subdivisions, and private interests, including nonprofit organizations, with respect to outdoor recreation.
(f) Interstate and Regional Cooperation.—The Secretary may encourage interstate and regional cooperation in the planning, acquisition, and development of outdoor recreation resources.
(g) Research, Information, and Education Programs and Activities.—The Secretary may—
(1) sponsor, engage in, and assist in research relating to outdoor recreation, directly or by contract or cooperative agreements, and make payments for such purposes without regard to the limitations of section 3324(a) and (b) of title 31 concerning advances of funds when the Secretary considers such action to be in the public interest;
(2) undertake studies and assemble information concerning outdoor recreation, directly or by contract or cooperative agreement, and disseminate the information without regard to section 3204 of title 39; and
(3) cooperate with educational institutions and others to assist in establishing education programs and activities and to encourage public use and benefits from outdoor recreation.
(h) Cooperation and Coordination with Federal Agencies.—
(1) In general.—The Secretary may—
(A) cooperate with and provide technical assistance to Federal agencies and obtain from them information, data, reports, advice, and assistance that are needed and can reasonably be furnished in carrying out the purposes of this chapter; and
(B) promote coordination of Federal plans and activities generally relating to outdoor recreation.
(2) Funding.—An agency furnishing advice or assistance under this paragraph may expend its own funds for those purposes, with or without reimbursement, as may be agreed to by that agency.
(i) Donations.—The Secretary may accept and use donations of money, property, personal services, or facilities for the purposes of this chapter.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3170.)
In subsection (d), the words "which shall be prepared as soon as practicable within 5 years on and after May 28, 1963" and "Future" are omitted as obsolete.
In subsection (h), the word "department" is omitted as being included in "agency".
§200104. Consultations of Secretary with administrative officers; execution of administrative responsibilities in conformity with nationwide plan
To carry out the policy declared in section 200101 of this title, the heads of Federal agencies having administrative responsibility over activities or resources the conduct or use of which is pertinent to fulfillment of that policy shall, individually or as a group—
(1) consult with and be consulted by the Secretary from time to time both with respect to their conduct of those activities and their use of those resources and with respect to the activities that the Secretary carries on under authority of this chapter that are pertinent to their work; and
(2) carry out that responsibility in general conformance with the nationwide plan authorized under section 200103(d) of this title.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3171.)
The word "department" is omitted as being included in "agency". The word "independent" is omitted as unnecessary.
CHAPTER 2003—LAND AND WATER CONSERVATION FUND
200302.
Establishment of Land and Water Conservation Fund.
200303.
Availability of funds.
200304.
Statement of estimated requirements.
200305.
Financial assistance to States.
200306.
Allocation of Fund amounts for Federal purposes.
200307.
Availability of Fund amounts for publicity purposes.
200308.
Contracts for acquisition of land and water.
200309.
Contracts for options to acquire land and water in System.
200310.
Transfers to and from Fund.
Editorial Notes
Amendments
2020—Pub. L. 116–152, §3(c), Aug. 4, 2020, 134 Stat. 687, substituted "Availability of funds" for "Appropriations for expenditure of Fund amounts" in item 200303.
§200301. Definitions
In this chapter:
(1) Fund.—The term "Fund" means the Land and Water Conservation Fund established under section 200302 of this title.
(2) State.—The term "State" means a State, the District of Columbia, Puerto Rico, Guam, American Samoa, the Virgin Islands, and the Northern Mariana Islands.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3171.)
Historical and Revision Notes
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|
| 200301(1) |
no source. |
|
| 200301(2) |
16 U.S.C. 460l–8(b)(5) (last sentence). |
Pub. L. 88–578, title I, §6(b)(5) (last sentence), formerly §5, Sept. 3, 1964, 78 Stat. 900; renumbered §6, Pub. L. 92–347, §2, July 11, 1972, 86 Stat. 459; Pub. L. 94–422, title I, §101(3), Sept. 28, 1976, 90 Stat. 1315. |
§200302. Establishment of Land and Water Conservation Fund
(a) Establishment.—There is established in the Treasury the Land and Water Conservation Fund.
(b) Deposits.—There shall be deposited in the Fund the following revenues and collections:
(1) All proceeds (except so much thereof as may be otherwise obligated, credited, or paid under authority of the provisions of law set forth in section 572(a) or 574(a) to (c) of title 40 or under authority of any appropriation Act that appropriates an amount, to be derived from proceeds from the transfer of excess property and the disposal of surplus property, for necessary expenses, not otherwise provided for, incident to the utilization and disposal of excess and surplus property) received from any disposal of surplus real property and related personal property under chapter 5 of title 40, notwithstanding any provision of law that such proceeds shall be credited to miscellaneous receipts of the Treasury. Nothing in this chapter shall affect existing laws or regulations concerning disposal of real or personal surplus property to schools, hospitals, and States and their political subdivisions.
(2) The amounts provided for in section 200310 of this title.
(c) Authorization of Appropriations.—
(1) In general.—In addition to the sum of the revenues and collections estimated by the Secretary to be deposited in the Fund pursuant to this section, there are authorized to be appropriated annually to the Fund out of any money in the Treasury not otherwise appropriated such amounts as are necessary to make the income of the Fund not less than $900,000,000 for each fiscal year.
(2) Receipts under outer continental shelf lands act.—To the extent that amounts appropriated under paragraph (1) are not sufficient to make the total annual income of the Fund equivalent to the amounts provided in paragraph (1), an amount sufficient to cover the remainder shall be credited to the Fund from revenues due and payable to the United States for deposit in the Treasury as miscellaneous receipts under the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.).
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3171; Pub. L. 114–113, div. O, title VIII, §801(a), Dec. 18, 2015, 129 Stat. 3030; Pub. L. 116–9, title III, §3001(a), Mar. 12, 2019, 133 Stat. 754; Pub. L. 116–152, §3(b)(1), Aug. 4, 2020, 134 Stat. 687.)
Historical and Revision Notes
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|
| 200302 |
16 U.S.C. 460l–5. |
Pub. L. 88–578, title I, §2, Sept. 3, 1964, 78 Stat. 897; Pub. L. 89–72, §11, July 9, 1965, 79 Stat. 218; Pub. L. 90–401, §§1(a), 2, July 15, 1968, 82 Stat. 354, 355; Pub. L. 91–308, §2, July 7, 1970, 84 Stat. 410; Pub. L. 91–485, §1, Oct. 22, 1970, 84 Stat. 1084; Pub. L. 94–273, §2(7), Apr. 21, 1976, 90 Stat. 375; Pub. L. 94–422, title I, §101(1), Sept. 28, 1976, 90 Stat. 1313; Pub. L. 95–42, §1(1), June 10, 1977, 91 Stat. 210; Pub. L. 100–203, title V, §5201(f)(1), Dec. 22, 1987, 101 Stat. 1330–267. |
In subsection (b), the words "section 572(a) or 574(a) to (c) of title 40" are substituted for "section 485(b)(e)[sic], title 40, United States Code", and the words "chapter 5 of title 40" are substituted for "the Federal Property and Administrative Services Act of 1949, as amended" because of section 5(c) of the Act of August 21, 2002 (Public Law 107–217, 116 Stat. 1303), the 1st section of which enacted Title 40, United States Code, and in the case of "chapter 5 of title 40", to provide a more precise cross reference. The words "any appropriation Act that appropriates an amount, to be derived from proceeds from the transfer of excess property and the disposal of surplus property, for necessary expenses, not otherwise provided for, incident to the utilization and disposal of excess and surplus property" are substituted for "the Independent Offices Appropriation Act, 1963 (76 Stat. 725) or in any later appropriation Act" to update the reference.
In subsection (c)(1), reference to fiscal years 1977 and 1978 and the word "thereafter" are omitted as obsolete.
Editorial Notes
References in Text
The Outer Continental Shelf Lands Act, referred to in subsec. (c)(2), is act Aug. 7, 1953, ch. 345, 67 Stat. 462, which is classified generally to subchapter III (§1331 et seq.) of chapter 29 of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 1301 of Title 43 and Tables.
Amendments
2020—Subsec. (c)(3). Pub. L. 116–152 struck out par. (3). Text read as follows: "Notwithstanding section 200303 of this title, money deposited in the Fund under this subsection shall remain in the Fund until appropriated by Congress to carry out this chapter."
2019—Subsec. (b). Pub. L. 116–9, §3001(a)(1), substituted "There" for "During the period ending September 30, 2018, there" in introductory provisions.
Subsec. (c)(1). Pub. L. 116–9, §3001(a)(2), struck out "through September 30, 2018" after "each fiscal year".
2015—Subsec. (b). Pub. L. 114–113, §801(a)(1), substituted "September 30, 2018" for "September 30, 2015" in introductory provisions.
Subsec. (c)(1). Pub. L. 114–113, §801(a)(2), substituted "September 30, 2018" for "September 30, 2015".
Statutory Notes and Related Subsidiaries
Establishment and Collection of Use or Royalty Fees for Manufacture, Reproduction, or Use of "Golden Eagle Insignia"
Pub. L. 92–347, §3(a), July 11, 1972, 86 Stat. 461, provided that: "The Secretary of the Interior may establish and collect use or royalty fees for the manufacture, reproduction, or use of 'The Golden Eagle Insignia', originated by the Department of the Interior and announced in the December 3, 1970, issue of the Federal Register (35 Federal Register 18376) as the official symbol for Federal recreation areas designated for recreation fee collection. Any fees collected pursuant to this subsection shall be covered into the Land and Water Conservation Fund."
Termination of Rights in "Golden Eagle Insignia"
Pub. L. 92–347, §3(d), July 11, 1972, 86 Stat. 462, provided that: "The rights in 'The Golden Eagle Insignia' under this Act [see Tables for classification], shall terminate if the use by the Secretary of the Interior of 'The Golden Eagle Insignia' is abandoned. Nonuse for a continuous period of two years shall constitute abandonment."
Executive Documents
Ex. Ord. No. 11200. Establishment of Recreation User Fees
Ex. Ord. No. 11200, Feb. 26, 1965, 30 F.R. 2645, provided:
WHEREAS it is desirable that all American people of present and future generations be assured adequate outdoor recreation resources, and it is desirable for all levels of government and private interests to take prompt and coordinated action to the extent practicable without diminishing or affecting their respective powers and functions to conserve, develop, and utilize such resources for the benefit and enjoyment of the American people; and
WHEREAS these resources are to a considerable extent located on lands administered by the Federal Government through 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); and
WHEREAS the Act of May 28, 1963, 77 Stat. 49 [see 54 U.S.C. 200101 et seq.], vested the Secretary of the Interior with legal authority to promote coordination of Federal plans and activities generally relating to outdoor recreation; and
WHEREAS it is fair and equitable that the users of certain recreation areas and facilities managed by such agencies pay a reasonable fee for the recreation benefits received; and
WHEREAS it is desirable to establish uniformity of practices among such Federal agencies regarding recreation user fees and related matters; and
WHEREAS the Congress, recognizing the need for urgent and effective action in this regard, enacted the Land and Water Conservation Fund Act of 1965, Public Law 88–578; 78 Stat. 897 [see 54 U.S.C. 200301 et seq.] (hereafter in this order referred to as "the Act");
NOW, THEREFORE, by virtue of the authority vested in me by the Act, by Section 301 of title 3 of the United States Code, and as President of the United States, it is ordered as follows:
Section 1. Designation of areas for 1965. (a) All areas administered by the National Park Service, Bureau of Land Management, Bureau of Sport Fisheries and Wildlife, Bureau of Reclamation, Forest Service, Corps of Engineers, Tennessee Valley Authority, and the United States Section of the International Boundary and Water Commission (United States and Mexico), at which entrance, admission, or other recreation user fees (hereafter in this order referred to as "recreation user fees") were collected directly by those Federal agencies during any part of 1964 are hereby designated, pursuant to Section 2(a) of the Act [former 16 U.S.C. 460l–5(a)], as areas at which recreation user fees shall be charged during 1965.
(b) The Secretary of the Interior, the Secretary of Agriculture, the Secretary of Defense, the Board of Directors of the Tennessee Valley Authority, and the Commissioner, United States Section of the International Boundary and Water Commission (United States and Mexico), or their designees, shall, by April 1, 1965, designate any additional areas under their respective jurisdictions at which recreation user fees are to be charged during 1965.
(c) Recreation user fees for such areas shall be prescribed as provided in Section 5 of this Order.
Sec. 2. Designation of areas for years after 1965. (a) Subject to the provisions of subsection (b) of this section, the areas designated by Section 1(a), or pursuant to Section 1(b), of this Order are hereby designated as areas for which recreation user fees shall be charged for years after 1965.
(b) The officials described in Section 1(b) of this Order shall, before January 1, 1966, and at least annually thereafter, review all areas then under their respective jurisdictions, including those described in subsection (a) of this section, to determine (1) whether any additional areas should, in accordance with the designation criteria prescribed by Section 3 of this Order (or under those designation criteria as revised by the Secretary of the Interior pursuant to Section 6(c) of this Order), be designated as areas for which recreation user fees shall be charged, or (2) whether the recreation user fee for any area theretofore designated should be increased, reduced, or eliminated under the designation criteria then in effect.
(c)(1) Whenever, in accordance with subsection (b) of this section, it is determined that the recreation user fee for an area should be reduced or eliminated, such action shall be taken forthwith.
(2) Whenever, in accordance with subsection (b) of this section, it is determined that a recreation user fee should be charged with respect to an area with respect to which no such fee has theretofore been charged, such new fee shall be charged only after the posting requirements of Section 4 of this Order have been satisfied.
Sec. 3. Criteria for designation of areas. Areas shall, in accordance with Section 1(b) and Section 2(b) of this Order and to the extent permitted by the Act, be designated as areas at which recreation user fees shall be charged if the following conditions are found to exist concurrently:
(1) The area is administered by any of the eight agencies specified in Section 1(a) of this Order;
(2) The area is administered primarily for scenic, scientific, historical, cultural, or recreational purposes;
(3) The area has recreation facilities or services provided at Federal expense; and
(4) The nature of the area is such that fee collection is administratively and economically practical.
(b) Areas designated as those at which recreation user fees shall be charged shall hereafter in this Order be referred to as "designated areas."
Sec. 4. Posting of designated areas. The heads of administering agencies and departments shall provide for the posting of signs at all designated areas such as will clearly notify the visiting public that recreation user fees are charged therein. All areas designated pursuant to Sections 1 and 2 of this Order shall be so posted prior to the beginning of the recreation season or as soon as practicable following designation. No recreation user fee established pursuant to this Order shall be effective with respect to any designated area until that designated area has been posted.
Sec. 5. Establishment of fees. (a) Each official described in Section 1(b) of this Order shall, subject to the criteria prescribed by the Secretary of the Interior, establish a recreation user fee for each designated area administered under his jurisdiction by selecting from a schedule of fees, prescribed by the Secretary of the Interior pursuant to Section 6 of this Order, the fee which is appropriate for each such designated area under criteria prescribed by the Secretary pursuant to that section. Each such official shall also specify which designated areas shall be excluded from the coverage of the annual fee described in Section 2(a)(1) of the Act [former 16 U.S.C. 460l–5(a)(i)] and which, as a result of that exclusion will be subject to the fee described in Section 2(a)(iii) of the Act [former 16 U.S.C. 460l–5(a)(iii)]. The range of recreation user fees to be charged and the criteria for their selection shall be established under the procedures prescribed by Section 6 of this Order.
(b) The Secretary of the Interior shall prescribe the procedures for the production, distribution, and sale of the Land and Water Conservation Fund Sticker, which shall be issued to those individuals who elect to pay the annual fees. The Secretary of the Interior shall also prescribe the manner in which the Sticker shall be displayed. The conditions under which it may be used shall be determinated under the procedures prescribed by Section 6 of this Order.
Sec. 6. Coordination. (a) The Secretary of the Interior shall after consultation with the heads of other affected departments and agencies, adopt such coordination measures as are necessary to carry out the purposes of Sections 2(a) and 4(a) of the Act [former 16 U.S.C. 460l–5(a), 460l–7(a)] and the provisions of this order.
(b)(1) In order that the purposes of the Act and of this Order may be effectuated without delay, the Secretary of the Interior shall, subject to the limitations imposed by the Act and without regard to the other provisions of this section, forthwith issue a schedule of recreation user fees and criteria to be used in determining which such fees shall be charged with respect to each of the designated areas.
(2) Subject to the limitations imposed by the Act and subject to the provisions of subsections (a), (c), and (d) of this section, the Secretary of the Interior may, from time to time, amend or replace the schedule of fees and the criteria prescribed by him pursuant to subsection (b)(1) of this section.
(c) Subject to the limits set forth in the Act, the measures which the Secretary of the Interior may adopt pursuant to subsection (a) of this section may include, but are not limited to, the following—
(1) Initial preparation and coordination of the comprehensive statement of estimated requirements during the ensuing fiscal year for appropriations from the Land and Water Conservation Fund, as required by Section 4(a) of the act [former 16 U.S.C. 460l–7(a)].
(2) Development of such additional procedures and interpretive materials as are necessary to facilitate the implementation of this Order and related provisions of the Act.
(3) Review and revision, if needed, of the criteria for designation set forth in Section 3 of this Order.
(d) Except with respect to the schedule of fees and the criteria prescribed by the Secretary pursuant to subsection (b)(1) of this section, measures and regulations adopted by the Secretary pursuant to this Order shall not become effective until 30 days after they are presented for the consideration of the other officials described in Section 1(b). Any such official who does not concur in any such measure or regulation may, within that 30-day period, refer the matter to the Recreation Advisory Council established under Executive Order No. 11017 [superseded by Ex. Ord. No. 11278, which in turn was revoked by Ex. Ord. No. 11472, which is set out as a note under section 4321 of Title 42, The Public Health and Welfare] for resolution. If a proposed measure is referred to the Council for resolution, it shall not become effective until approved by the Council. With the approval of all other officials described in Section 1(b) of this Order, the provisions of this subsection may be waived with respect to any specific measure or regulation adopted by the Secretary of the Interior pursuant to this order so that any such measure or regulation may be made effective before the expiration of the 30-day waiting period prescribed by the first sentence of this subsection.
Sec. 7. Review of contracts. The officials described in Section 1(b) of this Order shall, within a reasonable time, review all existing contracts and other arrangements between their respective agencies and any non-Federal public entity which relate to non-Federal management of Federally-owned outdoor recreation areas. Special attention shall be given to any provision in any such contract or other arrangement which prohibits or discourages in any way such non-Federal public entity from charging recreation user fees. Unless otherwise prohibited by law, each such restrictive provision shall be the subject of renegotiation designed to accomplish a modification thereof that will permit the charging of recreation user fees.
Sec. 8. Regulations. The Secretary of the Interior is authorized to issue such regulations as may be necessary to carry out his functions under this Order.
Lyndon B. Johnson.
§200303. Availability of funds
(a) In General.—Any amounts deposited in the Fund under section 200302 for fiscal year 2020 and each fiscal year thereafter shall be made available for expenditure for fiscal year 2021 and each fiscal year thereafter, without further appropriation or fiscal year limitation, to carry out the purposes of the Fund (including accounts and programs made available from the Fund pursuant to the Further Consolidated Appropriations Act, 2020 (Public Law 116–94; 133 Stat. 2534)).
(b) Additional Amounts.—Amounts made available under subsection (a) shall be in addition to amounts made available to the Fund under section 105 of the Gulf of Mexico Energy Security Act of 2006 (43 U.S.C. 1331 note; Public Law 109–432) or otherwise appropriated from the Fund.
(c) Allocation Authority.—
(1) Submission of cost estimates.—The President shall submit to Congress detailed account, program, and project allocations of the full amount made available under subsection (a)—
(A) for fiscal year 2021, not later than 90 days after the date of enactment of the Great American Outdoors Act; and
(B) for each fiscal year thereafter, as part of the annual budget submission of the President.
(2) Alternate allocation.—
(A) In general.—Appropriations Acts may provide for alternate allocation of amounts made available under subsection (a), including allocations by account, program, and project.
(B) Allocation by president.—
(i) No alternate allocations.—If Congress has not enacted legislation establishing alternate allocations by the date on which the Act making full-year appropriations for the Department of the Interior, Environment, and Related Agencies for the applicable fiscal year is enacted into law, amounts made available under subsection (a) shall be allocated by the President.
(ii) Insufficient alternate allocation.—If Congress enacts legislation establishing alternate allocations for amounts made available under subsection (a) that are less than the full amount appropriated under that subsection, the difference between the amount appropriated and the alternate allocation shall be allocated by the President.
(3) Recreational public access.—Amounts expended from the Fund under this section shall be consistent with the requirements for recreational public access for hunting, fishing, recreational shooting, or other outdoor recreational purposes under section 200306(c).
(4) Annual report.—The President shall submit to Congress an annual report that describes the final allocation by account, program, and project of amounts made available under subsection (a), including a description of the status of obligations and expenditures.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3172; Pub. L. 116–152, §3(a), Aug. 4, 2020, 134 Stat. 686.)
Historical and Revision Notes
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|
| 200303 |
16 U.S.C. 460l–6. |
Pub. L. 88–578, title I, §3, Sept. 3, 1964, 78 Stat. 899; Pub. L. 100–203, title V, §5201(f)(2), Dec. 22, 1987, 101 Stat. 1330–267. |
The words "or from the special account established under section 460l–6a(i)(1) of this title" are omitted as obsolete.
Editorial Notes
References in Text
The Further Consolidated Appropriations Act, 2020, referred to in subsec. (a), is Pub. L. 116–94, Dec. 20, 2019, 133 Stat. 2534. For complete classification of this Act to the Code, see Tables.
Section 105 of the Gulf of Mexico Energy Security Act of 2006, referred to in subsec. (b), is section 105 of title I of div. C of Pub. L. 109–432, which is set out in a note under section 1331 of Title 43, Public Lands.
The date of enactment of the Great American Outdoors Act, referred to in subsec. (c)(1)(A), is the date of enactment of Pub. L. 116–152, which was approved Aug. 4, 2020.
Amendments
2020—Pub. L. 116–152 amended section generally. Prior to amendment, text read as follows: "Amounts deposited in the Fund shall be available for expenditure for the purposes of this chapter only when appropriated for those purposes. The appropriations may be made without fiscal-year limitation. Amounts made available for obligation or expenditure from the Fund may be obligated or expended only as provided in this chapter."
Statutory Notes and Related Subsidiaries
Allocation of Funds
Pub. L. 118–42, div. E, title IV, §430(a)–(c), Mar. 9, 2024, 138 Stat. 291, 292, provided that:
"(a)(1) Within 45 days of enactment of this Act [Mar. 9, 2024], the Secretary of the Interior shall allocate amounts made available from the National Parks and Public Land Legacy Restoration Fund for fiscal year 2024 pursuant to subsection (c) of section 200402 of title 54, United States Code, and as provided in subsection (e) of such section of such title, to the agencies of the Department of the Interior and the Department of Agriculture specified, in the amounts specified, for the stations and unit names specified, and for the projects and activities specified in the table titled 'Allocation of Funds: National Parks and Public Land Legacy Restoration Fund Fiscal Year 2024' in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act) [138 Stat. 26].
"(2) Within 45 days of enactment of this Act, the Secretary of the Interior and the Secretary of Agriculture, as appropriate, shall allocate amounts made available for expenditure from the Land and Water Conservation Fund for fiscal year 2024 pursuant to subsection (a) of section 200303 of title 54, United States Code, to the agencies and accounts specified, in the amounts specified, and for the projects and activities specified in the table titled 'Allocation of Funds: Land and Water Conservation Fund Fiscal Year 2024' in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act).
"(b) Except as otherwise provided by subsection (c) of this section, neither the President nor his designee may allocate any amounts that are made available for any fiscal year under subsection (c) of section 200402 of title 54, United States Code, or subsection (a) of section 200303 of title 54, United States Code, other than in amounts and for projects and activities that are allocated by subsections (a)(1) and (a)(2) of this section: Provided, That in any fiscal year, the matter preceding this proviso shall not apply to the allocation of amounts for continuing administration of programs allocated funds from the National Parks and Public Land Legacy Restoration Fund or the Land and Water Conservation Fund, which may be allocated only in amounts that are no more than the allocation for such purposes in subsections (a)(1) and (a)(2) of this section.
"(c) The Secretary of the Interior and the Secretary of Agriculture may reallocate amounts from each agency's 'Contingency Fund' line in the table titled 'Allocation of Funds: National Parks and Public Land Legacy Restoration Fund Fiscal Year 2024' to any project funded by the National Parks and Public Land Legacy Restoration Fund within the same agency, from any fiscal year, that experienced a funding deficiency due to unforeseen cost overruns, in accordance with the following requirements:
"(1) 'Contingency Fund' amounts may only be reallocated if there is a risk to project completion resulting from unforeseen cost overruns;
"(2) 'Contingency Fund' amounts may only be reallocated for cost of adjustments and changes within the original scope of effort for projects funded by the National Parks and Public Land Legacy Restoration Fund; and
"(3) The Secretary of the Interior or the Secretary of Agriculture must provide written notification to the Committees on Appropriations 30 days before taking any actions authorized by this subsection if the amount reallocated from the 'Contingency Fund' line for a project is projected to be 10 percent or greater than the following, as applicable:
"(A) The amount allocated to that project in the table titled 'Allocation of Funds: National Parks and Public Land Legacy Restoration Fund Fiscal Year 2024' in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act) [138 Stat. 26]; or
"(B) The initial estimate in the most recent report submitted, prior to enactment of this Act, to the Committees on Appropriations pursuant to section 431(e) of division G of the Consolidated Appropriations Act, 2023 (Public Law 117–328) [136 Stat. 4830]."
Similar provisions were contained in the following appropriation acts:
Pub. L. 117–328, div. G, title IV, §431(a)–(c), Dec. 29, 2022, 136 Stat. 4827, 4828.
Pub. L. 117–103, div. G, title IV, §431(a)–(c), Mar. 15, 2022, 136 Stat. 416, 417.
Pub. L. 116–260, div. G, title IV, §434(a)–(c), Dec. 27, 2020, 134 Stat. 1543, 1544.
Executive Documents
Delegation of Authority for Fiscal Year 2021 Cost Estimates and Annual Reports to the Congress for the Land and Water Conservation Fund
Memorandum of President of the United States, Nov. 9, 2020, 85 F.R. 72889, provided:
Memorandum for the Secretary of the Interior [and] the Secretary of Agriculture
By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 301 of title 3, United States Code, it is hereby ordered as follows:
Section 1. The Secretary of the Interior and the Secretary of Agriculture are hereby authorized to submit, for their respective agencies:
(a) the cost estimates to the Congress required by 54 U.S.C. 200303(c)(1)(A), as amended by section 3(a) of the Great American Outdoors Act (Public Law 116–152) (the "Act"); and
(b) annually, the report to the Congress required by 54 U.S.C. 200303(c)(4), as amended by section 3(a) of the Act.
Sec. 2. (a) Nothing in this memorandum shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This memorandum shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
(d) The Secretary of the Interior is authorized and directed to publish this memorandum in the Federal Register.
Donald J. Trump.
§200304. Statement of estimated requirements
(a) In General.—There shall be submitted with the annual budget of the United States a comprehensive statement of estimated requirements during the ensuing fiscal year for appropriations from the Fund.
(b) Allocation of Funds.—Of the total amount made available to the Fund through appropriations or deposited in the Fund under section 105(a)(2)(B) of the Gulf of Mexico Energy Security Act of 2006 (43 U.S.C. 1331 note; Public Law 109–432)—
(1) not less than 40 percent shall be used for Federal purposes; and
(2) not less than 40 percent shall be used to provide financial assistance to States.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3172; Pub. L. 116–9, title III, §3001(b), Mar. 12, 2019, 133 Stat. 755.)
Historical and Revision Notes
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|
| 200304 |
16 U.S.C. 460l–7. |
Pub. L. 88–578, title I, §5, formerly §4, Sept. 3, 1964, 78 Stat. 900; Pub. L. 90–401, §3, July 15, 1968, 82 Stat. 355; renumbered §5, Pub. L. 92–347, §2, July 11, 1972, 86 Stat. 459; Pub. L. 94–273, §3(4), Apr. 21, 1976, 90 Stat. 376; Pub. L. 94–422, title I, §101(2), Sept. 28, 1976, 90 Stat. 1314; Pub. L. 95–42, §1(2), June 10, 1977, 91 Stat. 210. |
The references to fiscal years 1978 and 1979 and the special account are omitted as obsolete.
Editorial Notes
References in Text
Section 105(a)(2)(B) of the Gulf of Mexico Energy Security Act of 2006, referred to in subsec. (b), is section 105(a)(2)(B) of title I of div. C of Pub. L. 109–432, which is set out in a note under section 1331 of Title 43, Public Lands.
Amendments
2019—Pub. L. 116–9 designated existing provisions as subsec. (a) and inserted heading, struck out "Not less than 40 percent of such appropriations shall be available for Federal purposes." after "Fund.", and added subsec. (b).
§200305. Financial assistance to States
(a) Authority of Secretary To Make Payments.—The Secretary may provide financial assistance to the States from amounts available for State purposes. Payments may be made to the States by the Secretary as provided in this section, subject to such terms and conditions as the Secretary considers appropriate and in the public interest to carry out the purposes of this chapter, for outdoor recreation:
(1) Planning.
(2) Acquisition of land, water, or interests in land or water.
(3) Development.
(b) Apportionment Among States.—Amounts appropriated and available for State purposes for each fiscal year shall be apportioned among the States by the Secretary, whose determination shall be final, in accordance with the following formula:
(1) Forty percent of the 1st $225,000,000; 30 percent of the next $275,000,000; and 20 percent of all additional appropriations shall be apportioned equally among the States.
(2) At any time, the remaining appropriation shall be apportioned on the basis of need to individual States by the Secretary in such amounts as in the Secretary's judgment will best accomplish the purposes of this chapter. The determination of need shall include consideration of—
(A) the proportion that the population of each State bears to the total population of the United States;
(B) the use of outdoor recreation resources of each State by persons from outside the State; and
(C) the Federal resources and programs in each State.
(3) The total allocation to a State under paragraphs (1) and (2) shall not exceed 10 percent of the total amount allocated to all of the States in any one year.
(4) The Secretary shall notify each State of its apportionments. The amounts shall be available for payment to the State for planning, acquisition, or development projects as prescribed. Any amount of any apportionment that has not been paid or obligated by the Secretary during the fiscal year in which the notification is given and for 2 fiscal years thereafter shall be reapportioned by the Secretary in accordance with paragraph (2) without regard to the 10 percent limitation to an individual State specified in this subsection.
(c) Matching Requirements.—Payments to any State shall cover not more than 50 percent of the cost of planning, acquisition, or development projects that are undertaken by the State. The remaining share of the cost shall be borne by the State in a manner and with funds or services as shall be satisfactory to the Secretary.
(d) Comprehensive State Plan.—
(1) Required for consideration of financial assistance.—A comprehensive statewide outdoor recreation plan shall be required prior to the consideration by the Secretary of financial assistance for acquisition or development projects. The plan shall be adequate if, in the judgment of the Secretary, it encompasses and will promote the purposes of this chapter. No plan shall be approved unless the chief executive official of the State certifies that ample opportunity for public participation in plan development and revision has been accorded. The Secretary shall develop, in consultation with others, criteria for public participation, which criteria shall constitute the basis for the certification by the chief executive official. The plan shall contain—
(A) the name of the State agency that will have authority to represent and act for the State in dealing with the Secretary for purposes of this chapter;
(B) an evaluation of the demand for and supply of outdoor recreation resources and facilities in the State;
(C) a program for the implementation of the plan; and
(D) other necessary information, as determined by the Secretary.
(2) Factors to be considered.—The plan shall take into account relevant Federal resources and programs and shall be correlated so far as practicable with other State, regional, and local plans. Where there exists or is in preparation for any particular State a comprehensive plan financed in part with funds supplied by the Secretary of Housing and Urban Development, any statewide outdoor recreation plan prepared for purposes of this part shall be based on the same population, growth, and other pertinent factors as are used in formulating plans financed by the Secretary of Housing and Urban Development.
(3) Provision of assistance when plan not otherwise available or to maintain plan.—The Secretary may provide financial assistance to any State for projects for the preparation of a comprehensive statewide outdoor recreation plan when the plan is not otherwise available or for the maintenance of the plan.
(4) Wetlands.—A comprehensive statewide outdoor recreation plan shall specifically address wetlands within the State as an important outdoor recreation resource as a prerequisite to approval, except that a revised comprehensive statewide outdoor recreation plan shall not be required by the Secretary, if a State submits, and the Secretary, acting through the Director, approves, as a part of and as an addendum to the existing comprehensive statewide outdoor recreation plan, a wetlands priority plan developed in consultation with the State agency with responsibility for fish and wildlife resources and consistent with the national wetlands priority conservation plan developed under section 301 of the Emergency Wetlands Resources Act of 1986 (16 U.S.C. 3921) or, if the national plan has not been completed, consistent with the provisions of that section.
(e) Projects for Land and Water Acquisition and Development of Basic Outdoor Recreation Facilities.—
(1) In general.—In addition to assistance for planning projects, the Secretary may provide financial assistance to any State for the types of projects described in paragraphs (2) and (3), or combinations of those projects, if the projects are in accordance with the State comprehensive plan.
(2) Acquisition of land or water.—
(A) In general.—Under paragraph (1), the Secretary may provide financial assistance for a project for the acquisition of land, water, or an interest in land or water, or a wetland area or an interest in a wetland area, as identified in the wetlands provisions of the comprehensive plan (other than land, water, or an interest in land or water acquired from the United States for less than fair market value), but not including incidental costs relating to acquisition.
(B) Retention of right of use and occupancy.—When a State provides that the owner of a single-family residence may, at the owner's option, elect to retain a right of use and occupancy for not less than 6 months after the date of acquisition of the residence and the owner elects to retain such a right—
(i) the owner shall be deemed to have waived any benefits under sections 203 to 206 of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4623 to 4626); and
(ii) for the purposes of those sections the owner shall not be deemed to be a displaced person as defined in section 101 of that Act (42 U.S.C. 4601).
(3) Development of basic outdoor recreation facilities.—Under paragraph (1), the Secretary may provide financial assistance for a project for development of basic outdoor recreation facilities to serve the general public, including the development of Federal land under lease to States for terms of 25 years or more. No assistance shall be available under this chapter to enclose or shelter a facility normally used for an outdoor recreation activity, but the Secretary may permit local funding, not to exceed 10 percent of the total amount allocated to a State in any one year, to be used for construction of a sheltered facility for a swimming pool or ice skating rink in an area where the Secretary determines that the construction is justified by the severity of climatic conditions and the increased public use made possible by the construction.
(f) Payments.—
(1) Criteria for making payments.—The Secretary may make a payment to a State only for a planning, acquisition, or development project that is approved by the Secretary. The Secretary shall not make a payment for or on account of any project with respect to which financial assistance has been given or promised under any other Federal program or activity, and no financial assistance shall be given under any other Federal program or activity for or on account of any project with respect to which the assistance has been given or promised under this chapter. The Secretary may make payments from time to time in keeping with the rate of progress toward the satisfactory completion of a project. The approval of all projects and all payments, or any commitments relating thereto, shall be withheld until the Secretary receives appropriate written assurance from the State that the State has the ability and intention to finance its share of the cost of all of the projects, and to operate and maintain by acceptable standards, at State expense, the properties or facilities acquired or developed for public outdoor recreation use.
(2) Payment recipients.—Payments for all projects shall be made by the Secretary to the chief executive official of the State or to a State official or agency designated by the chief executive official or by State law having authority and responsibility to accept and to administer funds paid under this section for approved projects. If consistent with an approved project, funds may be transferred by the State to a political subdivision or other appropriate public agency.
(3) Conversion to other than public outdoor recreation use.—No property acquired or developed with assistance under this section shall, without the approval of the Secretary, be converted to other than public outdoor recreation use. The Secretary shall approve a conversion only if the Secretary finds it to be in accordance with the then-existing comprehensive statewide outdoor recreation plan and only on such conditions as the Secretary considers necessary to ensure the substitution of other recreation properties of at least equal fair market value and of reasonably equivalent usefulness and location. Wetland areas and interests therein as identified in the wetlands provisions of the comprehensive plan and proposed to be acquired as suitable replacement property within the same State that is otherwise acceptable to the Secretary, acting through the Director, shall be deemed to be of reasonably equivalent usefulness with the property proposed for conversion.
(4) Reports and accounting procedures.—No payment shall be made to any State until the State has agreed to—
(A) provide such reports to the Secretary in such form and containing such information as may be reasonably necessary to enable the Secretary to perform the Secretary's duties under this chapter; and
(B) provide such fiscal control and fund accounting procedures as may be necessary to ensure proper disbursement and accounting for Federal funds paid to the State under this chapter.
(g) Records.—A recipient of assistance under this chapter shall keep such records as the Secretary shall prescribe, including records that fully disclose—
(1) the amount and the disposition by the recipient of the proceeds of the assistance;
(2) the total cost of the project or undertaking in connection with which the assistance is given or used; and
(3) the amount and nature of that portion of the cost of the project or undertaking supplied by other sources, and such other records as will facilitate an effective audit.
(h) Access to Records.—The Secretary, and the Comptroller General, or any of their duly authorized representatives, shall have access for the purpose of audit and examination to any records of the recipient that are pertinent to assistance received under this chapter.
(i) Prohibition of Discrimination.—With respect to property acquired or developed with assistance from the Fund, discrimination on the basis of residence, including preferential reservation or membership systems, is prohibited except to the extent that reasonable differences in admission and other fees may be maintained on the basis of residence.
(j) Coordination With Federal Agencies.—To ensure consistency in policies and actions under this chapter with other related Federal programs and activities and to ensure coordination of the planning, acquisition, and development assistance to States under this section with other related Federal programs and activities—
(1) the President may issue such regulations with respect thereto as the President considers desirable; and
(2) the assistance may be provided only in accordance with the regulations.
(k) Capital Improvement and Other Projects To Reduce Crime.—
(1) Availability and purpose of funds.—In addition to assistance for planning projects, and in addition to the projects identified in subsection (e), and from amounts appropriated out of the Violent Crime Reduction Trust Fund, the Secretary may provide financial assistance to the States, not to exceed $15,000,000, for projects or combinations thereof for the purpose of making capital improvements and other measures to increase safety in urban parks and recreation areas, including funds to—
(A) increase lighting within or adjacent to public parks and recreation areas;
(B) provide emergency telephone lines to contact law enforcement or security personnel in areas within or adjacent to public parks and recreation areas;
(C) increase security personnel within or adjacent to public parks and recreation areas; and
(D) fund any other project intended to increase the security and safety of public parks and recreation areas.
(2) Eligibility.—In addition to the requirements for project approval imposed by this section, eligibility for assistance under this subsection shall depend on a showing of need. In providing funds under this subsection, the Secretary shall give priority to projects proposed for urban parks and recreation areas with the highest rates of crime and, in particular, to urban parks and recreation areas with the highest rates of sexual assault.
(3) Federal share.—Notwithstanding subsection (c), the Secretary may provide 70 percent improvement grants for projects undertaken by a State for the purposes described in this subsection.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3172; Pub. L. 116–9, title III, §3001(c), Mar. 12, 2019, 133 Stat. 755.)
Historical and Revision Notes
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|
| 200305 |
16 U.S.C. 460l–8(less (b)(5) (last sentence)). |
Pub. L. 88–578, title I, §6, formerly §5(less (b)(5) (last sentence)), Sept. 3, 1964, 78 Stat. 900; renumbered §6, Pub. L. 92–347, §2, July 11, 1972, 86 Stat. 459; Pub. L. 93–303, §2, June 7, 1974, 88 Stat. 194; Pub. L. 94–422, title I, §101(3), Sept. 28, 1976, 90 Stat. 1314. 1315; Pub. L. 95–625, title VI, §606, Nov. 10, 1978, 92 Stat. 3519; Pub. L. 99–645, title III, §303, Nov. 10, 1986, 100 Stat. 3587; Pub. L. 103–322, title IV, §40133, Sept. 13, 1994, 108 Stat. 1918; Pub. L. 103–437, §6(p)(2), Nov. 2, 1994, 108 Stat. 4586; Pub. L. 104–333, div. I, title VIII, §814(d)(1)(H), Nov. 12, 1996, 110 Stat. 4196. |
In subsection (b)(5), the words "(when such islands achieve Commonwealth status)" are omitted as obsolete.
In subsection (c), the words "No payment may be made to any State for or on account of any cost or obligation incurred or any service rendered prior to September 3, 1964" are omitted as obsolete.
In subsection (d)(2), the words "Secretary of Housing and Urban Development" are substituted for "Housing and Home Finance Agency" because of 42 U.S.C. 3534.
In subsection (d)(4), the words "For fiscal year 1988 and thereafter" are omitted as obsolete.
In subsection (e)(3), the words "and after September 28, 1976" are omitted as obsolete.
In subsection (f)(2), the words "chief executive official" are substituted for "Governor" for clarity and for consistency in the new title.
In subsection (j), the words "(including those conducted pursuant to title VII of the Housing Act of 1961 and section 701 of the Housing Act of 1954)" are omitted as obsolete. The authority to make grants or loans under title VII terminated on December 31, 1974. Section 701 was repealed by section 313(b) of the Omnibus Budget Reconciliation Act of 1981 (Public Law 97–35, 95 Stat. 398).
In subsection (k)(3), the words "and the remaining share of the cost shall be borne by the State" are omitted as unnecessary.
Editorial Notes
Amendments
2019—Subsec. (b)(5). Pub. L. 116–9 struck out par. (5) which read as follows: "For the purposes of paragraph (1), the District of Columbia, Puerto Rico, Guam, American Samoa, the Virgin Islands, and the Northern Mariana Islands shall be deemed to be one State, and shall receive shares of the apportionment in proportion to their populations."
§200306. Allocation of Fund amounts for Federal purposes
(a) Allowable Purposes and Subpurposes.—
(1) In general.—Amounts appropriated from the Fund for Federal purposes shall, unless otherwise allotted in the appropriation Act making them available, be allotted by the President for the purposes and subpurposes stated in this subsection.
(2) Acquisition of land, water, or an interest in land or water.—
(A) System units and recreation areas administered for recreation purposes.—Amounts shall be allotted for the acquisition of land, water, or an interest in land or water within the exterior boundary of—
(i) a System unit authorized or established; and
(ii) an area authorized to be administered by the Secretary for outdoor recreation purposes.
(B) National forest system.—
(i) In general.—Amounts shall be allotted for the acquisition of land, water, or an interest in land or water within inholdings within—
(I) wilderness areas of the National Forest System; and
(II) other areas of national forests as the boundaries of those forests existed on January 1, 1965, or purchase units approved by the National Forest Reservation Commission subsequent to January 1, 1965, all of which other areas are primarily of value for outdoor recreation purposes.
(ii) Adjacent land.—Land outside but adjacent to an existing national forest boundary, not to exceed 3,000 acres in the case of any one forest, that would comprise an integral part of a forest recreational management area may also be acquired with amounts appropriated from the Fund.
(C) Endangered species and threatened species; fish and wildlife refuge areas; national wildlife refuge system.—Amounts shall be allotted for the acquisition of land, water, or an interest in land or water for—
(i) endangered species and threatened species authorized under section 5(a) of the Endangered Species Act of 1973 (16 U.S.C. 1534(a));
(ii) areas authorized by section 2 of the Refuge Recreation Act (16 U.S.C. 460k–1);
(iii) national wildlife refuge areas under section 7(a)(4) of the Fish and Wildlife Act of 1956 (16 U.S.C. 742f(a)(4)) and wetlands acquired under section 304 of the Emergency Wetlands Resources Act of 1986 (16 U.S.C. 3922); and
(iv) any area authorized for the National Wildlife Refuge System by specific Acts.
(3) Payment as offset of capital costs.—Amounts shall be allotted for payment into miscellaneous receipts of the Treasury as a partial offset for capital costs, if any, of Federal water development projects authorized to be constructed by or pursuant to an Act of Congress that are allocated to public recreation and the enhancement of fish and wildlife values and financed through appropriations to water resource agencies.
(4) Availability of appropriations.—Appropriations allotted for the acquisition of land, water, or an interest in land or water as set forth under subparagraphs (A) and (B) of paragraph (2) shall be available for those acquisitions notwithstanding any statutory ceiling on the appropriations contained in any other provision of law enacted prior to January 4, 1977, or, in the case of national recreation areas, prior to January 15, 1979, except that for any such area expenditures shall not exceed a statutory ceiling during any one fiscal year by 10 percent of the ceiling or $1,000,000, whichever is greater.
(b) Acquisition Restrictions.—Appropriations from the Fund pursuant to this section shall not be used for acquisition unless the acquisition is otherwise authorized by law. Appropriations from the Fund may be used for preacquisition work where authorization is imminent and where substantial monetary savings could be realized.
(c) Recreational Public Access.—
(1) In general.—Of the amounts made available for expenditure in any fiscal year under section 200303, there shall be made available for recreational public access projects identified on the priority list developed under paragraph (2) not less than the greater of—
(A) an amount equal to 3 percent of those amounts; or
(B) $15,000,000.
(2) Priority list.—The Secretary and the Secretary of Agriculture, in consultation with the head of each affected Federal agency, shall annually develop a priority list for projects that, through acquisition of land (or an interest in land), secure recreational public access to Federal land under the jurisdiction of the applicable Secretary for hunting, fishing, recreational shooting, or other outdoor recreational purposes.
(d) Acquisition Considerations.—In determining whether to acquire land (or an interest in land) under this section, the Secretary and the Secretary of Agriculture shall take into account—
(1) the significance of the acquisition;
(2) the urgency of the acquisition;
(3) management efficiencies;
(4) management cost savings;
(5) geographic distribution;
(6) threats to the integrity of the land; and
(7) the recreational value of the land.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3177; Pub. L. 116–9, title III, §3001(d), (e), Mar. 12, 2019, 133 Stat. 755; Pub. L. 116–152, §3(b)(2), Aug. 4, 2020, 134 Stat. 687.)
Historical and Revision Notes
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|
| 200306 |
16 U.S.C. 460l–9(a), (b). |
Pub. L. 88–578, title I, §7, formerly §6, Sept. 3, 1964, 78 Stat. 903; Pub. L. 90–401, §1(c), July 15, 1968, 82 Stat. 355; renumbered §7, Pub. L. 92–347, §2, July 11, 1972, 86 Stat. 459; amended Pub. L. 93–205, §13(c), Dec. 28, 1973, 87 Stat. 902; Pub. L. 94–422, title I, §101(4), Sept. 28, 1976, 90 Stat. 1317; Pub. L. 95–42, §1(3)–(5), June 10, 1977, 91 Stat. 210, 211; Pub. L. 96–203, §2, Mar. 10, 1980, 94 Stat. 81; Pub. L. 99–645, title III, §302, Nov. 10, 1986, 100 Stat. 3587; Pub. L. 103–437, §6(p)(3), Nov. 2, 1994, 108 Stat. 4586; Pub. L. 104–333, div. I, title VIII, §814(b), (d)(2)(C), Nov. 12, 1996, 110 Stat. 4194, 4196; Pub. L. 106–176, title I, §§120(b), 129, Mar. 10, 2000, 114 Stat. 28, 30. |
In subsection (a)(4), the words "January 4, 1977" are substituted for "the convening of the Ninety-fifth Congress", and the words "January 15, 1979" are substituted for " the convening of the Ninety-sixth Congress", for clarity.
Editorial Notes
Amendments
2020—Subsec. (a)(2)(B)(iii). Pub. L. 116–152 struck out cl. (iii). Text read as follows: "Except for areas specifically authorized by Act of Congress, not more than 15 percent of the acreage added to the National Forest System pursuant to this section shall be west of the 100th meridian."
2019—Subsec. (c). Pub. L. 116–9, §3001(d), added subsec. (c).
Subsec. (d). Pub. L. 116–9, §3001(e), added subsec. (d).
§200307. Availability of Fund amounts for publicity purposes
(a) In General.—Amounts derived from the sources listed in section 200302 of this title shall not be available for publicity purposes.
(b) Exception for Temporary Signing.—In a case where significant acquisition or development is initiated, appropriate standardized temporary signing shall be located on or near the affected site, to the extent feasible, so as to indicate the action taken is a product of funding made available through the Fund. The signing may indicate the percentage amounts and dollar amounts financed by Federal and non-Federal funds, and that the source of the funding includes amounts derived from Outer Continental Shelf receipts. The Secretary shall prescribe standards and guidelines for the usage of the signing to ensure consistency of design and application.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3179.)
Historical and Revision Notes
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|
| 200307 |
16 U.S.C. 460l–10. |
Pub. L. 88–578, title I, §8, formerly §7, Sept. 3, 1964, 78 Stat. 903; renumbered §8, Pub. L. 92–347, §2, July 11, 1972, 86 Stat. 459; Pub. L. 94–422, title I, §101(5), Sept. 28, 1976, 90 Stat. 1318. |
§200308. Contracts for acquisition of land and water
Not more than $30,000,000 of the amount authorized to be appropriated from the Fund by section 200303 of this title may be obligated by contract during each fiscal year for the acquisition of land, water, or interest in land or water within areas specified in section 200306(a)(2) of this title. The contract may be executed by the head of the department concerned, within limitations prescribed by the Secretary. The contract shall be a contractual obligation of the United States and shall be liquidated with money appropriated from the Fund specifically for liquidation of that contract obligation. No contract may be entered into for the acquisition of property pursuant to this section unless the acquisition is otherwise authorized by Federal law.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3179.)
Historical and Revision Notes
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|
| 200308 |
16 U.S.C. 460l–10a. |
Pub. L. 88–578, title I, §9, formerly §8, as added Pub. L. 90–401, §4, July 15, 1968, 82 Stat. 355; Pub. L. 91–308, §3, July 7, 1970, 84 Stat. 410; renumbered §9, Pub. L. 92–347, §2, July 11, 1972, 86 Stat. 459; Pub. L. 93–303, §3, June 7, 1974, 88 Stat. 194. |
Statutory Notes and Related Subsidiaries
Rescission of Contract Authority
Provisions rescinding contract authority provided for specific fiscal years by 54 U.S.C. 200308 (formerly 16 U.S.C. 460l–10a) were contained in the appropriation acts that were listed in a note under former section 460l–10a of Title 16, Conservation, and in the following appropriation acts:
Pub. L. 115–31, div. G, title I, May 5, 2017, 131 Stat. 443.
Pub. L. 114–113, div. G, title I, Dec. 18, 2015, 129 Stat. 2532.
Pub. L. 113–235, div. F, title I, Dec. 16, 2014, 128 Stat. 2402.
Pub. L. 113–76, div. G, title I, Jan. 17, 2014, 128 Stat. 295.
§200309. Contracts for options to acquire land and water in System
The Secretary may enter into contracts for options to acquire land, water, or interests in land or water within the exterior boundaries of any area the acquisition of which is authorized by law for inclusion in the System. The minimum period of any such option shall be 2 years, and any sums expended for the purchase of an option shall be credited to the purchase price of the area. Not more than $500,000 of the sum authorized to be appropriated from the Fund by section 200303 of this title may be expended by the Secretary in any one fiscal year for the options.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3179.)
Historical and Revision Notes
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|
| 200309 |
16 U.S.C. 460l–10b. |
Pub. L. 88–578, title I, §10, formerly §9, as added Pub. L. 90–401, §4, July 15, 1968, 82 Stat. 355; renumbered §10, Pub. L. 92–347, §2, July 11, 1972, 86 Stat. 459. |
§200310. Transfers to and from Fund
(a) Motorboat Fuel Taxes.—There shall be set aside in the Fund the amounts specified in section 9503(c)(3)(B) of the Internal Revenue Code of 1986 (26 U.S.C. 9503(c)(3)(B)).
(b) Refunds of Taxes.—There shall be paid from time to time from the Fund into the general fund of the Treasury amounts estimated by the Secretary of the Treasury as equivalent to—
(1) the amounts paid before October 1, 2029, under section 6421 of the Internal Revenue Code of 1986 (26 U.S.C. 6421) with respect to gasoline used after December 31, 1964, in motorboats, on the basis of claims filed for periods ending before October 1, 2028; and
(2) 80 percent of the floor stocks refunds made before October 1, 2029, under section 6412(a)(1) of the Internal Revenue Code of 1986 (26 U.S.C. 6412(a)(1)) with respect to gasoline to be used in motorboats.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3179; Pub. L. 114–94, div. C, title XXXI, §31102(e)(2)(B), Dec. 4, 2015, 129 Stat. 1728; Pub. L. 117–58, div. H, title I, §80102(e)(2)(B), Nov. 15, 2021, 135 Stat. 1328.)
Historical and Revision Notes
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|
| 200310 |
16 U.S.C. 460l–11. |
Pub. L. 88–578, title II, §201, Sept. 3, 1964, 78 Stat. 904; Pub. L. 91–605, title III, §302, Dec. 31, 1970, 84 Stat. 1743; Pub. L. 94–273, §3(4), Apr. 21, 1976, 90 Stat. 376; Pub. L. 94–280, title III, §302, May 5, 1976, 90 Stat. 456; Pub. L. 95–599, title V, §503(b), Nov. 6, 1978, 92 Stat. 2757; Pub. L. 97–424, title V, §531(c), Jan. 6, 1983, 96 Stat. 2191; Pub. L. 99–514, §2, title XVIII, §1875(e), Oct. 22, 1986, 100 Stat. 2095, 2897; Pub. L. 100–17, title V, §503(c), Apr. 2, 1987, 101 Stat. 258; Pub. L. 101–508, title XI, §11211(g)(2), Nov. 5, 1990, 104 Stat. 1388–427; Pub. L. 102–240, title VIII, §8002(d)(2)(B), Dec. 18, 1991, 105 Stat. 2204; Pub. L. 105–178, title IX, §9002(c)(2)(B), June 9, 1998, 112 Stat. 500; Pub. L. 109–59, title XI, §11101(c)(2)(B), Aug. 10, 2005, 119 Stat. 1944; Pub. L. 112–30, title I, §142(e)(2)(B), Sept. 16, 2011, 125 Stat. 356; Pub. L. 112–102, title IV, §402(e)(2)(B), Mar. 30, 2012, 126 Stat. 282; Pub. L. 112–140, title IV, §402(d)(2)(B), June 29, 2012, 126 Stat. 403; Pub. L. 112–141, div. D, title I, §40102(e)(2)(B), July 6, 2012, 126 Stat. 845. |
In subsection (a), the words "(relating to special motor fuels and gasoline used in motorboats)" are omitted as unnecessary.
In subsection (b), the words "(relating to amounts paid in respect of gasoline used for certain nonhighway purposes or by local transit systems)" are omitted as unnecessary.
Editorial Notes
Amendments
2021—Subsec. (b). Pub. L. 117–58 substituted "October 1, 2029" for "October 1, 2023" in pars. (1) and (2) and "October 1, 2028" for "October 1, 2022" in par. (1).
2015—Subsec. (b)(1). Pub. L. 114–94 substituted "October 1, 2023" for "October 1, 2017" and "October 1, 2022" for "October 1, 2016".
Subsec. (b)(2). Pub. L. 114–94, §31102(e)(2)(B)(i), substituted "October 1, 2023" for "October 1, 2017".
Statutory Notes and Related Subsidiaries
Effective Date of 2021 Amendment
Amendment by Pub. L. 117–58 effective Oct. 1, 2021, see section 80102(f) of Pub. L. 117–58, set out as a note under section 4041 of Title 26, Internal Revenue Code.
Effective Date of 2015 Amendment
Amendment by Pub. L. 114–94 effective Oct. 1, 2016, see section 31102(f) of Pub. L. 114–94, set out as a note under section 4041 of Title 26, Internal Revenue Code.
CHAPTER 2004—NATIONAL PARKS AND PUBLIC LAND LEGACY RESTORATION FUND
200402.
National Parks and Public Land Legacy Restoration Fund.
§200401. Definitions
In this chapter:
(1) Asset.—The term "asset" means any real property, including any physical structure or grouping of structures, landscape, trail, or other tangible property, that—
(A) has a specific service or function; and
(B) is tracked and managed as a distinct, identifiable entity by the applicable covered agency.
(2) Covered agency.—The term "covered agency" means—
(A) the Service;
(B) the United States Fish and Wildlife Service;
(C) the Forest Service;
(D) the Bureau of Land Management; and
(E) the Bureau of Indian Education.
(3) Fund.—The term "Fund" means the National Parks and Public Land Legacy Restoration Fund established by section 200402(a).
(4) Project.—The term "project" means any activity to reduce or eliminate deferred maintenance of an asset, which may include resolving directly related infrastructure deficiencies of the asset that would not by itself be classified as deferred maintenance.
(Added Pub. L. 116–152, §2(a), Aug. 4, 2020, 134 Stat. 682.)
§200402. National Parks and Public Land Legacy Restoration Fund
(a) Establishment.—There is established in the Treasury of the United States a fund to be known as the "National Parks and Public Land Legacy Restoration Fund".
(b) Deposits.—
(1) In general.—Except as provided in paragraph (2), for each of fiscal years 2021 through 2025, there shall be deposited in the Fund an amount equal to 50 percent of all energy development revenues due and payable to the United States from oil, gas, coal, or alternative or renewable energy development on Federal land and water credited, covered, or deposited as miscellaneous receipts under Federal law in the preceding fiscal year.
(2) Maximum amount.—The amount deposited in the Fund under paragraph (1) shall not exceed $1,900,000,000 for any fiscal year.
(3) Effect on other revenues.—Nothing in this section affects the disposition of revenues that—
(A) are due to the United States, special funds, trust funds, or States from mineral and energy development on Federal land and water; or
(B) have been otherwise appropriated—
(i) under Federal law, including—
(I) the Gulf of Mexico Energy Security Act of 2006 (43 U.S.C. 1331 note; Public Law 109–432); and
(II) the Mineral Leasing Act (30 U.S.C. 181 et seq.); or
(ii) from—
(I) the Land and Water Conservation Fund established under chapter 2003; or
(II) the Historic Preservation Fund established under chapter 3031.
(c) Availability of Funds.—Amounts deposited in the Fund shall be available to the Secretary and the Secretary of Agriculture, as provided in subsection (e), without further appropriation or fiscal year limitation.
(d) Investment of Amounts.—
(1) In general.—The Secretary may request the Secretary of the Treasury to invest any portion of the Fund that is not, as determined by the Secretary, in consultation with the Secretary of Agriculture, required to meet the current needs of the Fund.
(2) Requirement.—An investment requested under paragraph (1) shall be made by the Secretary of the Treasury in a public debt security—
(A) with a maturity suitable to the needs of the Fund, as determined by the Secretary; and
(B) bearing interest at a rate determined by the Secretary of the Treasury, taking into consideration current market yields on outstanding marketable obligations of the United States of comparable maturity.
(3) Credits to fund.—The income on investments of the Fund under this subsection shall be credited to, and form a part of, the Fund.
(e) Use of Funds.—
(1) In general.—Amounts deposited in the Fund for each fiscal year shall be used for priority deferred maintenance projects in the System, in the National Wildlife Refuge System, on public land administered by the Bureau of Land Management, for the Bureau of Indian Education schools, and in the National Forest System, as follows:
(A) 70 percent of the amounts deposited in the Fund for each fiscal year shall be allocated to the Service.
(B) 15 percent of the amounts deposited in the Fund for each fiscal year shall be allocated to the Forest Service.
(C) 5 percent of the amounts deposited in the Fund for each fiscal year shall be allocated to the United States Fish and Wildlife Service.
(D) 5 percent of the amounts deposited in the Fund for each fiscal year shall be allocated to the Bureau of Land Management.
(E) 5 percent of the amounts deposited in the Fund for each fiscal year shall be allocated to the Bureau of Indian Education.
(2) Limitations.—
(A) Non-transportation projects.—Over the term of the Fund, within each covered agency, not less than 65 percent of amounts from the Fund shall be allocated for non-transportation projects.
(B) Transportation projects.—The amounts remaining in the Fund after the allocations required under subparagraph (A) may be allocated for transportation projects of the covered agencies, including paved and unpaved roads, bridges, tunnels, and paved parking areas.
(C) Plan.—Any priority deferred maintenance project funded under this section shall be consistent with an applicable transportation, deferred maintenance, or capital improvement plan developed by the applicable covered agency.
(f) Prohibited Use of Funds.—No amounts in the Fund shall be used—
(1) for land acquisition;
(2) to supplant discretionary funding made available for annually recurring facility operations, maintenance, and construction needs; or
(3) for bonuses for employees of the Federal Government that are carrying out this section.
(g) Submission of Priority List of Projects to Congress.—Not later than 90 days after the date of enactment of this section, the Secretary and the Secretary of Agriculture shall submit to the Committees on Energy and Natural Resources and Appropriations of the Senate and the Committees on Natural Resources and Appropriations of the House of Representatives a list of projects to be funded for fiscal year 2021 that—
(1) are identified by the Secretary and the Secretary of Agriculture as priority deferred maintenance projects; and
(2) as of the date of the submission of the list, are ready to be implemented.
(h) Submission of Annual List of Projects to Congress.—Until the date on which all of the amounts in the Fund are expended, the President shall annually submit to Congress, together with the annual budget of the United States, a list of projects to be funded from the Fund that includes a detailed description of each project, including the estimated expenditures from the Fund for the project for the applicable fiscal year.
(i) Alternate Allocation.—
(1) In general.—Appropriations Acts may provide for alternate allocation of amounts made available under this section, consistent with the allocations to covered agencies under subsection (e)(1).
(2) Allocation by president.—
(A) No alternate allocations.—If Congress has not enacted legislation establishing alternate allocations by the date on which the Act making full-year appropriations for the Department of the Interior, Environment, and Related Agencies for the applicable fiscal year is enacted into law, amounts made available under subsection (c) shall be allocated by the President.
(B) Insufficient alternate allocation.—If Congress enacts legislation establishing alternate allocations for amounts made available under subsection (c) that are less than the full amount appropriated under that subsection, the difference between the amount appropriated and the alternate allocation shall be allocated by the President.
(j) Public Donations.—
(1) In general.—The Secretary and the Secretary of Agriculture may accept public cash or in-kind donations that advance efforts—
(A) to reduce the deferred maintenance backlog; and
(B) to encourage relevant public-private partnerships.
(2) Credits to fund.—Any cash donations accepted under paragraph (1) shall be—
(A) credited to, and form a part of, the Fund; and
(B) allocated to the covered agency for which the donation was made.
(3) Other allocations.—Any donations allocated to a covered agency under paragraph (2)(B) shall be allocated to the applicable covered agency independently of the allocations under subsection (e)(1).
(k) Required Consideration for Accessibility.—In expending amounts from the Fund, the Secretary and the Secretary of Agriculture shall incorporate measures to improve the accessibility of assets and accommodate visitors and employees with disabilities in accordance with applicable law.
(Added Pub. L. 116–152, §2(a), Aug. 4, 2020, 134 Stat. 683.)
Editorial Notes
References in Text
The Gulf of Mexico Energy Security Act of 2006, referred to in subsec. (b)(3)(B)(i)(I), is title I of div. C of Pub. L. 109–432, Dec. 20, 2006, 120 Stat. 3000, which is set out as a note under section 1331 of Title 43, Public Lands.
The Mineral Leasing Act, referred to in subsec. (b)(3)(B)(i)(II), is act Feb. 25, 1920, ch. 85, 41 Stat. 437, which is classified generally to chapter 3A (§181 et seq.) of Title 30, Mineral Lands and Mining. For complete classification of this Act to the Code, see Short Title note set out under section 181 of Title 30 and Tables.
The date of enactment of this section, referred to in subsec. (g), is the date of enactment of Pub. L. 116–152, which was approved Aug. 4, 2020.
Statutory Notes and Related Subsidiaries
Allocation of Funds
For certain requirements regarding allocation of funds pursuant to subsec. (c) of this section and as provided in subsec. (e) of this section, see section 430(a)–(c) of div. E of Pub. L. 118–42, set out as a note under section 200303 of this title.
CHAPTER 2005—URBAN PARK AND RECREATION RECOVERY PROGRAM
200502.
Federal assistance.
200503.
Rehabilitation grants and innovation grants.
200504.
Recovery action programs.
200506.
Non-Federal share of project costs.
200507.
Conversion of recreation property.
200508.
Coordination of program.
200510.
Inapplicability of matching provisions.
200511.
Funding limitations.
§200501. Definitions
In this chapter:
(1) At-risk youth recreation grant.—
(A) In general.—The term "at-risk youth recreation grant" means a grant in a neighborhood or community with a high prevalence of crime, particularly violent crime or crime committed by youthful offenders.
(B) Inclusions.—The term "at-risk youth recreation grant" includes—
(i) a rehabilitation grant;
(ii) an innovation grant; and
(iii) a matching grant for continuing program support for a program of demonstrated value or success in providing constructive alternatives to youth at risk for engaging in criminal behavior, including a grant for operating, or coordinating, a recreation program or service.
(C) Additional uses of rehabilitation grant.—In addition to the purposes specified in paragraph (8), a rehabilitation grant that serves as an at-risk youth recreation grant may be used for the provision of lighting, emergency phones, or any other capital improvement that will improve the security of an urban park.
(2) General purpose local government.—The term "general purpose local government" means—
(A) a city, county, town, township, village, or other general purpose political subdivision of a State; and
(B) the District of Columbia.
(3) Innovation grant.—The term "innovation grant" means a matching grant to a local government to cover costs of personnel, facilities, equipment, supplies, or services designed to demonstrate innovative and cost-effective ways to augment park and recreation opportunities at the neighborhood level and to address common problems related to facility operations and improved delivery of recreation service, not including routine operation and maintenance activities.
(4) Maintenance.—The term "maintenance" means all commonly accepted practices necessary to keep recreation areas and facilities operating in a state of good repair and to protect them from deterioration resulting from normal wear and tear.
(5) Private, nonprofit agency.—The term "private, nonprofit agency" means a community-based, nonprofit organization, corporation, or association organized for purposes of providing recreational, conservation, and educational services directly to urban residents on a neighborhood or communitywide basis through voluntary donations, voluntary labor, or public or private grants.
(6) Recovery action program grant.—
(A) In general.—The term "recovery action program grant" means a matching grant to a local government for development of local park and recreation recovery action programs to meet the requirements of this chapter.
(B) Use.—A recovery action program grant shall be used for resource and needs assessment, coordination, citizen involvement and planning, and program development activities to—
(i) encourage public definition of goals; and
(ii) develop priorities and strategies for overall recreation system recovery.
(7) Recreation area or facility.—The term "recreation area or facility" means an indoor or outdoor park, building, site, or other facility that is dedicated to recreation purposes and administered by a public or private nonprofit agency to serve the recreation needs of community residents. Emphasis shall be on public facilities readily accessible to residential neighborhoods, including multiple-use community centers that have recreation as one of their primary purposes, but excluding major sports arenas, exhibition areas, and conference halls used primarily for commercial sports, spectator, or display activities.
(8) Rehabilitation grant.—The term "rehabilitation grant" means a matching capital grant to a local government for rebuilding, remodeling, expanding, or developing an existing outdoor or indoor recreation area or facility, including improvements in park landscapes, buildings, and support facilities, but excluding routine maintenance and upkeep activities.
(9) Special purpose local government.—
(A) In general.—The term "special purpose local government" means a local or regional special district, public-purpose corporation, or other limited political subdivision of a State.
(B) Inclusions.—The term "special purpose local government" includes—
(i) a park authority;
(ii) a park, conservation, water, or sanitary district; and
(iii) a school district.
(10) State.—The term "State" means a State, an instrumentality of a State approved by the Governor of the State, Puerto Rico, Guam, American Samoa, the Virgin Islands, and the Northern Mariana Islands.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3180.)
Historical and Revision Notes
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|
| 200501 |
16 U.S.C. 2503. |
Pub. L. 95–625, title X, §1004, Nov. 10, 1978, 92 Stat. 3539; Pub. L. 103–322, title III, §31502, Sept. 13, 1994, 108 Stat. 1888. |
In paragraph (1)(C), the words "that serves as an at-risk youth recreation grant" are substituted for "referred to in paragraph (1) of this subsection" for clarity.
In paragraph (2), the word "parish" is omitted because of 1 U.S.C. 2.
Statutory Notes and Related Subsidiaries
Congressional Statement of Purpose; Complementary Program Authorization; Terms and Conditions
Pub. L. 95–625, title X, §1003, Nov. 10, 1978, 92 Stat. 3539; Pub. L. 103–322, title III, §§31501, 31505(b), Sept. 13, 1994, 108 Stat. 1888, 1890, provided that: "The purpose of this title [now 54 U.S.C. 200501 et seq.] is to authorize the Secretary [of the Interior] to establish an urban park and recreation recovery program which would provide Federal grants to economically hard-pressed communities specifically for the rehabilitation of critically needed recreation areas, facilities, and development of improved recreation programs. This program is intended to complement existing Federal programs such as the Land and Water Conservation Fund and Community Development Grant Programs by encouraging and stimulating local governments to revitalize their park and recreation systems and to make long-term commitments to continuing maintenance of these systems. Such assistance shall be subject to such terms and conditions as the Secretary considers appropriate and in the public interest to carry out the purposes of this title. It is further the purpose of this title to improve recreation facilities and expand recreation services in urban areas with a high incidence of crime and to help deter crime through the expansion of recreation opportunities for at-risk youth. It is the further purpose of this section [probably means title] to increase the security of urban parks and to promote collaboration between local agencies involved in parks and recreation, law enforcement, youth social services, and juvenile justice system."
§200502. Federal assistance
(a) Eligibility Determined by Secretary.—Eligibility of general purpose local governments for assistance under this chapter shall be based on need as determined by the Secretary. The Secretary shall publish in the Federal Register a list of local governments eligible to participate in this program, to be accompanied by a discussion of criteria used in determining eligibility. Criteria shall be based on factors that the Secretary determines are related to deteriorated recreational facilities or systems and physical and economic distress.
(b) Additional Eligible General Purpose Local Governments.—In addition to eligible local governments established in accordance with subsection (a), the Secretary may establish eligibility, in accord with the findings and purpose of the Urban Park and Recreation Recovery Act of 1978 (Public Law 95–625, 92 Stat. 3538), of other general purpose local governments in metropolitan statistical areas as defined by the Director of the Office of Management and Budget.
(c) Priority Criteria for Project Selection and Approval.—
(1) In general.—The Secretary shall establish priority criteria for project selection and approval that consider such factors as—
(A) population;
(B) condition of existing recreation areas and facilities;
(C) demonstrated deficiencies in access to neighborhood recreation opportunities, particularly for minority and low- and moderate-income residents;
(D) public participation in determining rehabilitation or development needs;
(E) the extent to which a project supports or complements target activities undertaken as part of a local government's overall community development and urban revitalization program;
(F) the extent to which a proposed project would provide—
(i) employment opportunities for minorities, youth, and low- and moderate-income residents in the project neighborhood;
(ii) for participation of neighborhood, nonprofit, or tenant organizations in the proposed rehabilitation activity or in subsequent maintenance, staffing, or supervision of recreation areas and facilities; or
(iii) both; and
(G) the amount of State and private support for a project as evidenced by commitments of non-Federal resources to project construction or operation.
(2) At-risk youth recreation grants.—For at-risk youth recreation grants, the Secretary shall give a priority to each of the following criteria:
(A) Programs that are targeted to youth who are at the greatest risk of becoming involved in violence and crime.
(B) Programs that teach important values and life skills, including teamwork, respect, leadership, and self-esteem.
(C) Programs that offer tutoring, remedial education, mentoring, and counseling in addition to recreation opportunities.
(D) Programs that offer services during late night or other nonschool hours.
(E) Programs that demonstrate collaboration between local park and recreation, juvenile justice, law enforcement, and youth social service agencies and nongovernmental entities, including the private sector and community and nonprofit organizations.
(F) Programs that leverage public or private recreation investments in the form of services, materials, or cash.
(G) Programs that show the greatest potential of being continued with non-Federal funds or that can serve as models for other communities.
(d) Limitation of Funds.—Grants to discretionary applicants under subsection (b) may not be more than 15 percent of the total amount of funds appropriated under this chapter for rehabilitation grants, innovation grants, and recovery action program grants.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3181.)
Historical and Revision Notes
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|
| 200502 |
16 U.S.C. 2504. |
Pub. L. 95–625, title X, §1005, Nov. 10, 1978, 92 Stat. 3540; Pub. L. 103–322, title III, §31503, Sept. 13, 1994, 108 Stat. 1889. |
In subsection (a), the words "Within one hundred and twenty days after November 10, 1978" are omitted as obsolete.
In subsection (b), the word "standard" is omitted as obsolete. The words "the Director of the Office of Management and Budget" are substituted for "census". See 31 U.S.C. 1104(d), Executive Order No. 10253 (31 U.S.C. 1104 note), and 44 U.S.C. 3504(e)(3).
Editorial Notes
References in Text
The Urban Park and Recreation Recovery Act of 1978 (Public Law 95–625, 92 Stat. 3538), referred to in subsec. (b), is title X of Pub. L. 95–625, Nov. 10, 1978, 92 Stat. 3538, which was classified generally to chapter 45 (§2501 et seq.) of Title 16, Conservation. The Act was substantially repealed and restated as this chapter by Pub. L. 113–287, §§3, 7, Dec. 19, 2014, 128 Stat. 3180, 3272. The findings and purposes of the Act are contained in sections 1002 and 1003 of the Act. Section 1002 was classified to section 2501 of Title 16 and was omitted from the Code. Section 1003 is set out as a note under section 200501 of this title. For complete classification of this Act to the Code, see Tables. For disposition of former sections of Title 16, see Disposition Table preceding section 100101 of this title.
§200503. Rehabilitation grants and innovation grants
(a) Matching Grants.—The Secretary may provide 70 percent matching rehabilitation grants and innovation grants directly to eligible general purpose local governments on the Secretary's approval of applications for the grants by the chief executive officials of those governments.
(b) Special Considerations.—An innovation grant should be closely tied to goals, priorities, and implementation strategies expressed in local park and recreation recovery action programs, with particular regard to the special considerations listed in section 200504(c)(2) of this title.
(c) Transfer.—If consistent with an approved application, a grant recipient may transfer a rehabilitation grant or innovation grant in whole or in part to an independent special purpose local government, private nonprofit agency, or county or regional park authority if the assisted recreation area or facility owned or managed by the transferree 1 offers recreation opportunities to the general population within the jurisdictional boundaries of the grant recipient.
(d) Payments.—Payments may be made only for a rehabilitation project or innovation project that has been approved by the Secretary. Payments may be made from time to time in keeping with the rate of progress toward the satisfactory completion of the project, except that the Secretary, when appropriate, may make advance payments on an approved rehabilitation project or innovation project in an amount not to exceed 20 percent of the total project cost.
(e) Modification of Project.—The Secretary may authorize modification of an approved project only when a grant recipient adequately demonstrates that the modification is necessary because of circumstances not foreseeable at the time at which the project was proposed.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3183.)
In subsection (a), the words "chief executive officials" are substituted for "chief executives" for consistency in the new title.
In subsection (c), the words "At the discretion of such applicants" are omitted as unnecessary.
§200504. Recovery action programs
(a) Evidence of Local Commitment to Ongoing Programs.—As a requirement for project approval, local governments applying for assistance under this chapter shall submit to the Secretary evidence of their commitments to ongoing planning, rehabilitation, service, operation, and maintenance programs for their park and recreation systems. These commitments will be expressed in local park and recreation recovery action programs that maximize coordination of all community resources, including other federally supported urban development and recreation programs. During an initial interim period to be established by regulations under this chapter, this requirement may be satisfied by local government submissions of preliminary action programs that briefly define objectives, priorities, and implementation strategies for overall system recovery and maintenance and commit the applicant to a scheduled program development process. Following this interim period, all local applicants shall submit to the Secretary, as a condition of eligibility, a 5-year action program for park and recreation recovery that satisfactorily demonstrates—
(1) systematic identification of recovery objectives, priorities, and implementation strategies;
(2) adequate planning for rehabilitation of specific recreation areas and facilities, including projections of the cost of proposed projects;
(3) the capacity and commitment to ensure that facilities provided or improved under this chapter shall continue to be adequately maintained, protected, staffed, and supervised;
(4) the intention to maintain total local public outlays for park and recreation purposes at levels at least equal to those in the year preceding that in which grant assistance is sought except in any case where a reduction in park and recreation outlays is proportionate to a reduction in overall spending by the applicant; and
(5) the relationship of the park and recreation recovery program to overall community development and urban revitalization efforts.
(b) Continuing Planning Process.—Where appropriate, the Secretary may encourage local governments to meet action program requirements through a continuing planning process that includes periodic improvements and updates in action program submissions to eliminate identified gaps in program information and policy development.
(c) Special Considerations.—Action programs shall address, but are not limited to—
(1) rehabilitation of existing recreational areas and facilities, including—
(A) general systemwide renovation;
(B) special rehabilitation requirements for recreational areas and facilities in areas of high population concentration and economic distress; and
(C) restoration of outstanding or unique structures, landscaping, or similar features in parks of historical or architectural significance; and
(2) local commitments to innovative and cost-effective programs and projects at the neighborhood level to augment recovery of park and recreation systems, including—
(A) recycling of abandoned schools and other public buildings for recreational purposes;
(B) multiple use of operating educational and other public buildings, purchase of recreation services on a contractual basis;
(C) use of mobile facilities and recreational, cultural, and educational programs or other innovative approaches to improving access for neighborhood residents;
(D) integration of recovery program with federally assisted projects to maximize recreational opportunities through conversion of abandoned railroad and highway rights of way, waterfront, and other redevelopment efforts and such other federally assisted projects as may be appropriate;
(E) conversion of recreation use of street space, derelict land, and other public land not now designated for neighborhood recreational use; and
(F) use of various forms of compensated and uncompensated land regulation, tax inducements, or other means to encourage the private sector to provide neighborhood park and recreation facilities and programs.
(d) Publication in Federal Register.—The Secretary shall establish and publish in the Federal Register requirements for preparation, submission, and updating of local park and recreation recovery action programs.
(e) Eligibility for At-Risk Youth Recreation Grants.—To be eligible to receive at-risk youth recreation grants a local government shall amend its 5-year action program to incorporate the goal of reducing crime and juvenile delinquency and to provide a description of the implementation strategies to achieve this goal. The plan shall also address how the local government is coordinating its recreation programs with crime prevention efforts of law enforcement, juvenile corrections, and youth social service agencies.
(f) Matching Recovery Action Program Grants.—The Secretary may provide up to 50 percent matching recovery action program grants to eligible local governments for program development and planning specifically to meet the objectives of this chapter.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3183.)
Historical and Revision Notes
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|
| 200504 |
16 U.S.C. 2506. |
Pub. L. 95–625, title X, §1007, Nov. 10, 1978, 92 Stat. 3541; Pub. L. 103–322, title III, §§31504, Sept. 13, 1994, 108 Stat. 1889. |
In subsection (c)(1), the word "areas" is substituted for "sites" for consistency with the defined term and with the new chapter.
§200505. State action
(a) Additional Match.—The Secretary may increase rehabilitation grants or innovation grants authorized in section 200503 of this title by providing an additional match equal to the total match provided by a State of up to 15 percent of total project costs. The Federal matching amount shall not exceed 85 percent of total project cost.
(b) Adequate Implementation of Local Recovery Plans.—The Secretary shall encourage States to assist the Secretary in ensuring—
(1) that local recovery plans and programs are adequately implemented by cooperating with the Secretary in monitoring local park and recreation recovery plans and programs; and
(2) consistency of the plans and programs, where appropriate, with State recreation policies as set forth in statewide comprehensive outdoor recreation plans.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3185.)
In subsection (a), the words "rehabilitation grants or innovation grants" are substituted for "Federal implementation grants" for clarity. See 36 CFR 72.32(c).
§200506. Non-Federal share of project costs
(a) Sources.—
(1) Allowable sources.—The non-Federal share of project costs assisted under this chapter may be derived from general or special purpose State or local revenues, State categorical grants, special appropriations by State legislatures, donations of land, buildings, or building materials, and in-kind construction, technical, and planning services. Reasonable local costs of recovery action program development to meet the requirements of section 200504(a) of this title may be used as part of the local match only when the local government has not received a recovery action program grant.
(2) Non-allowable sources.—No amount from the Land and Water Conservation Fund or from any other Federal grant program other than the community development block grant programs shall be used to match Federal grants under this program.
(b) Encouragement of States and Private Interests.—The Secretary shall encourage States and private interests to contribute, to the maximum extent possible, to the non-Federal share of project costs.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3185.)
In subsection (a), the word "recovery" is added after "Reasonable local costs of", and the words "a recovery action program grant" are substituted for "program development grants", for clarity. See 36 CFR 72.32(a).
§200507. Conversion of recreation property
No property improved or developed with assistance under this chapter shall, without the approval of the Secretary, be converted to other than public recreation uses. The Secretary shall approve such a conversion only if the Secretary finds it to be in accord with the then-current local park and recreation recovery action program and only on such conditions as the Secretary considers necessary to ensure the provision of adequate recreation properties and opportunities of reasonably equivalent location and usefulness.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3186.)
The words "then current" are substituted for "current" for clarity.
§200508. Coordination of program
The Secretary shall—
(1) coordinate the urban park and recreation recovery program with the total urban recovery effort and cooperate to the fullest extent possible with other Federal agencies and with State agencies that administer programs and policies affecting urban areas, including programs in housing, urban development, natural resources management, employment, transportation, community services, and voluntary action;
(2) encourage maximum coordination of the program between State agencies and local applicants; and
(3) require that local applicants include provisions for participation of community and neighborhood residents and for public-private coordination in recovery planning and project selection.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3186.)
In subsection (a)(1), the word "departments" is omitted as being included in "agency".
§200509. Recordkeeping
(a) In General.—A recipient of assistance under this chapter shall keep such records as the Secretary shall prescribe, including—
(1) records that disclose—
(A) the amount and disposition of project undertakings in connection with which assistance under this chapter is given or used; and
(B) the amount and nature of the portion of the cost of the project or undertaking that is supplied by other sources; and
(2) such other records as will facilitate an effective audit.
(b) Access.—The Secretary and the Comptroller General shall have access for the purpose of audit and examination to any records of the recipient that are pertinent to assistance received under this chapter.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3186.)
In subsection (a)(1), the word "fully" is omitted as unnecessary.
In subsection (b), the words "or their duly authorized representatives" are omitted as unnecessary. See section 2 of Reorganization Plan No. 3 of 1950 (5 U.S.C. App., 43 U.S.C. 1451 note) for the Secretary and 31 U.S.C. 711(2) for the Comptroller General.
§200510. Inapplicability of matching provisions
Amounts authorized for Guam, American Samoa, the Virgin Islands, and the Northern Mariana Islands are not subject to the matching provisions of this chapter, and may be subject only to such conditions, reports, plans, and agreements, if any, as the Secretary may determine.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3186.)
Historical and Revision Notes
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|
| 200510 |
16 U.S.C. 2512(a) (last paragraph). |
Pub. L. 95–625, title X, §1013(a) (last paragraph), Nov. 10, 1978, 92 Stat. 3544; Pub. L. 98–454, title VI, §601(a), Oct. 5, 1984, 98 Stat. 1736; Pub. L. 103–322, title III, §31505(a), Sept. 13, 1994, 108 Stat. 1889. |
The text of 16 U.S.C. 2512(a) (last paragraph 1st sentence) is omitted as obsolete.
§200511. Funding limitations
(a) Limitation of Funds.—The amount of grants made under this chapter for projects in any one State for any fiscal year shall not be more than 15 percent of the amount made available for grants to all of the States for that fiscal year.
(b) Recovery Action Program Grants.—Not more than 3 percent of the amount made available for grants under this chapter for a fiscal year shall be used for recovery action program grants.
(c) Innovation Grants.—Not more than 10 percent of the amount made available for grants under this chapter for a fiscal year shall be used for innovation grants.
(d) Program Support.—Not more than 25 percent of the amount made available under this chapter to any local government shall be used for program support.
(e) No Land Acquisition.—No funds made available under this chapter shall be used for the acquisition of land or an interest in land.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3187.)
Historical and Revision Notes
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|
| 200511(a) |
16 U.S.C. 2512(a) (1st paragraph 1st, 3d, last sentences). |
Pub. L. 95–625, title X, §1013(a) (1st paragraph), Nov. 10, 1978, 92 Stat. 3544; Pub. L. 98–454, title VI, §601(a), Oct. 5, 1984, 98 Stat. 1736; Pub. L. 103–322, title III, §31505(a), Sept. 13, 1994, 108 Stat. 1889. |
| 200511(b), (c) |
16 U.S.C. 2512(a) (1st paragraph 2d sentence). |
|
| 200511(d) |
16 U.S.C. 2512(b). |
Pub. L. 95–625, title X, §1013(b), as added Pub. L. 103–322, title III, §31505(a), Sept. 13, 1994, 108 Stat. 1890. |
| 200511(e) |
16 U.S.C. 2513. |
Pub. L. 95–625, title X, §1014, Nov. 10, 1978, 92 Stat. 3544. |
In subsection (a), the text of 16 U.S.C. 2512(a) (1st paragraph 1st and last sentences) is omitted as obsolete. The words "in the aggregate" are omitted as unnecessary. The words "amount made available for grants to all of the States" are substituted for "aggregate amount of funds authorized to be appropriated" for clarity and for consistency in the section.
In subsections (b) and (c), the words "made available for grants" are substituted for "authorized" for clarity and for consistency in the section.
In subsection (b), the words "local park and recreation" are omitted as unnecessary because of the defined term.