Part B—Land and Water Conservation Fund
§460l–4. Transferred
Editorial Notes
Codification
Section, Pub. L. 88–578, title I, §1(b), Sept. 3, 1964, 78 Stat. 897, which stated purposes of Pub. L. 88–578, was transferred and is set out as a note under section 100101 of Title 54, National Park Service and Related Programs.
Section, 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, related to establishment of land and water conservation fund. See section 200302 of Title 54, National Park Service and Related Programs.
Section, Pub. L. 96–514, title I, §100, Dec. 12, 1980, 94 Stat. 2960, provided for revenues received from recreation fee collections by Federal agencies to be paid into the Land and Water Conservation Fund and to be available for appropriation for any and all authorized purposes.
Statutory Notes and Related Subsidiaries
Recreation Use Fees Collected and Deposited in United States Treasury by Corps of Engineers
Pub. L. 97–88, title I, §100, Dec. 4, 1981, 95 Stat. 1136, related to special recreation use fees collected by, and deposited in the Treasury by the Corps of Engineers, prior to repeal by Pub. L. 100–203, title V, §5201(d)(3), Dec. 22, 1987, 101 Stat. 1330–267.
Section, 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, related to appropriations for expenditure of land and water conservation fund moneys. See section 200303 of Title 54, National Park Service and Related Programs.
Section, Pub. L. 88–578, title I, §4, as added Pub. L. 92–347, §2, July 11, 1972, 86 Stat. 459; amended Pub. L. 93–81, §§1, 2, Aug. 1, 1973, 87 Stat. 178, 179; Pub. L. 93–303, §1, June 7, 1974, 88 Stat. 192; Pub. L. 96–344, §9, Sept. 8, 1980, 94 Stat. 1135; Pub. L. 100–203, title V, §5201(a)–(c), Dec. 22, 1987, 101 Stat. 1330–263, 1330-264; Pub. L. 103–66, title V, §5001(b), title X, §§10001, 10002, Aug. 10, 1993, 107 Stat. 379, 402, 403; Pub. L. 103–437, §6(p)(1), Nov. 2, 1994, 108 Stat. 4586; Pub. L. 104–66, title I, §1081(f), Dec. 21, 1995, 109 Stat. 721; Pub. L. 105–327, §1, Oct. 30, 1998, 112 Stat. 3055; Pub. L. 108–447, div. J, title VIII, §813(a), Dec. 8, 2004, 118 Stat. 3390; Pub. L. 109–54, title I, §132(a), (b), Aug. 2, 2005, 119 Stat. 526, related to admission and special recreation use fees. Subsecs. (a) to (h) and (i)(1)(A), (B), (2) to (4), which related to various fees and permits and reporting requirements, had been previously repealed. Subsecs. (i)(1)(C) and (j) to (n) were repealed and restated in section 100904 of Title 54, National Park Service and Related Programs.
Section, Pub. L. 96–87, title IV, §402, Oct. 12, 1979, 93 Stat. 666; Pub. L. 96–487, title II, §202(3)(a), Dec. 2, 1980, 94 Stat. 2382, prohibited entrance or admission fees in excess of amounts in effect Jan. 1, 1979, at any unit of National Park System and user fees for transportation services and facilities in Denali National Park, Alaska.
§460l–6c. Admission, entrance, and recreation fees
(a) Definitions
As used in this section:
(1) Area of concentrated public use
The term "area of concentrated public use" means an area administered by the Secretary that meets each of the following criteria:
(A) The area is managed primarily for outdoor recreation purposes.
(B) Facilities and services necessary to accommodate heavy public use are provided in the area.
(C) The area contains at least 1 major recreation attraction.
(D) Public access to the area is provided in such a manner that admission fees can be efficiently collected at 1 or more centralized locations.
(2) Boat launching facility
The term "boat launching facility" includes any boat launching facility, regardless of whether specialized facilities or services, such as mechanical or hydraulic boat lifts or facilities, are provided.
(3) Campground
The term "campground" means any campground where a majority of the following amenities are provided, as determined by the Secretary:
(A) Tent or trailer spaces.
(B) Drinking water.
(C) An access road.
(D) Refuse containers.
(E) Toilet facilities.
(F) The personal collection of recreation use fees by an employee or agent of the Secretary.
(G) Reasonable visitor protection.
(H) If campfires are permitted in the campground, simple devices for containing the fires.
(4) Secretary
The term "Secretary" means the Secretary of Agriculture.
(b) Authority to impose fees
The Secretary may charge—
(1) admission or entrance fees at national monuments, national volcanic monuments, national scenic areas, and areas of concentrated public use administered by the Secretary; and
(2) recreation use fees at lands administered by the Secretary in connection with the use of specialized outdoor recreation sites, equipment, services, and facilities, including visitors' centers, picnic tables, boat launching facilities, and campgrounds.
(c) Amount of fees
The amount of the admission, entrance, and recreation fees authorized to be imposed under this section shall be determined by the Secretary.
(Pub. L. 103–66, title I, §1401, Aug. 10, 1993, 107 Stat. 331.)
Editorial Notes
Codification
Section was enacted as part of the Agricultural Reconciliation Act of 1993 and as part of the Omnibus Budget Reconciliation Act of 1993, and not as part of the Land and Water Conservation Fund Act of 1965.
§460l–6d. Commercial filming
(a) Commercial filming fee
(1) In general
The Secretary of the Interior or the Secretary of Agriculture (hereafter individually referred to as the "Secretary" with respect to land (except land in a System unit as defined in section 100102 of title 54) under their respective jurisdictions) shall require a permit and shall establish a reasonable fee for commercial filming activities or similar projects on Federal land administered by the Secretary. The fee shall provide a fair return to the United States and shall be based on the following criteria:
(A) The number of days the filming activity or similar project takes place on Federal land under the Secretary's jurisdiction.
(B) The size of the film crew present on Federal land under the Secretary's jurisdiction.
(C) The amount and type of equipment present.
(2) Other factors
The Secretary may include other factors in determining an appropriate fee as the Secretary considers necessary.
(b) Recovery of costs
The Secretary shall collect any costs incurred as a result of filming activities or similar project, including administrative and personnel costs. All costs recovered shall be in addition to the fee assessed in subsection (a).
(c) Still photography
(1) In general
Except as provided in paragraph (2), the Secretary shall not require a permit nor assess a fee for still photography on land administered by the Secretary if such photography takes place where members of the public are generally allowed. The Secretary may require a permit, fee, or both, if such photography takes place at other locations where members of the public are generally not allowed, or where additional administrative costs are likely.
(2) Exception
The Secretary shall require and shall establish a reasonable fee for still photography that uses models or props which are not a part of the site's natural or cultural resources or administrative facilities.
(d) Protection of resources
The Secretary shall not permit any filming, still photography or other related activity if the Secretary determines that—
(1) there is a likelihood of resource damage;
(2) there would be an unreasonable disruption of the public's use and enjoyment of the site; or
(3) the activity poses health or safety risks to the public.
(e) Use of proceeds
(1) Fees
All fees collected under this section shall be available for expenditure by the Secretary, without further appropriation and shall remain available until expended.
(2) Costs
All costs recovered under this section shall be available for expenditure by the Secretary, without further appropriation, at the site where the costs are collected and shall remain available until expended.
(f) Processing of permit applications
The Secretary shall establish a process to ensure that the Secretary responds in a timely manner to permit applicants for commercial filming, still photography, or other activity.
(Pub. L. 106–206, §1, May 26, 2000, 114 Stat. 314; Pub. L. 113–287, §§4(c), 7, Dec. 19, 2014, 128 Stat. 3261, 3272.)
Editorial Notes
Codification
Section was not enacted as part of the Land and Water Conservation Fund Act of 1965.
Amendments
2014—Pub. L. 113–287, §4(c), amended section generally. Prior to amendment, section related to commercial filming with respect to lands under the jurisdiction of the Secretaries of the Interior and Agriculture.
Statutory Notes and Related Subsidiaries
Repeals
Section repealed by Pub. L. 113–287, §7, Dec. 19, 2014, 128 Stat. 3272, insofar as applicable to the National Park System. See section 100905 of Title 54, National Park Service and Related Programs.
Section, 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; amended 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, related to allocation of land and water conservation fund for State and Federal purposes. See section 200304 of Title 54, National Park Service and Related Programs.
A prior section 5 of Pub. L. 88–578 was renumbered section 6 and was classified to section 460l–8 of this title prior to repeal by Pub. L. 113–287.
Section, Pub. L. 88–578, title I, §6, formerly §5, Sept. 3, 1964, 78 Stat. 900; renumbered §6, Pub. L. 92–347, §2, July 11, 1972, 86 Stat. 459; amended 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; 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, related to financial assistance to States. See sections 200301(2) and 200305 of Title 54, National Park Service and Related Programs.
A prior section 6 of Pub. L. 88–578 was renumbered section 7 and was classified to section 460l–9 of this title prior to repeal by Pub. L. 113–287.
Section, 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, related to allocation of land and water conservation fund moneys for Federal purposes. See sections 100506(c) and 200306 of Title 54, National Park Service and Related Programs.
A prior section 7 of Pub. L. 88–578 was renumbered section 8 and was classified to section 460l–10 of this title prior to repeal by Pub. L. 113–287.
Section, 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; amended Pub. L. 94–422, title I, §101(5), Sept. 28, 1976, 90 Stat. 1318, related to availability of land and water conservation fund for publicity purposes. See section 200307 of Title 54, National Park Service and Related Programs.
A prior section 8 of Pub. L. 88–578 was renumbered section 9 and was classified to section 460l–10a of this title prior to repeal by Pub. L. 113–287.
Section, Pub. L. 88–578, title I, §9, formerly §8, as added Pub. L. 90–401, §4, July 15, 1968, 82 Stat. 355; amended Pub. L. 91–308, §3, July 7, 1970, 84 Stat. 410; renumbered §9, Pub. L. 92–347, §2, July 11, 1972, 86 Stat. 459, and amended Pub. L. 93–303, §3, June 7, 1974, 88 Stat. 194, related to contracts for acquisition of lands and waters. See section 200308 of Title 54, National Park Service and Related Programs.
A prior section 9 of Pub. L. 88–578 was renumbered section 10 and was classified to section 460l–10b of this title prior to repeal by Pub. L. 113–287.
Section, 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, related to contracts for options to acquire lands and waters in national park system. See section 200309 of Title 54, National Park Service and Related Programs.
A prior section 10 of Pub. L. 88–578 was renumbered section 11 and was classified to section 460l–10c of this title prior to repeal by Pub. L. 113–287.
Section, Pub. L. 88–578, title I, §11, formerly §2(a) (in part), Sept. 3, 1964, 78 Stat. 899; renumbered §10, Pub. L. 90–401, §1(a), July 15, 1968, 82 Stat. 354; renumbered §11, Pub. L. 92–347, §2, July 11, 1972, 86 Stat. 459, repealed provisions prohibiting collection of recreation fees or user charges.
Section, Pub. L. 88–578, title I, §12, as added Pub. L. 94–422, title I, §101(6), Sept. 28, 1976, 90 Stat. 1318, required review and report on the needs, problems, and opportunities associated with urban recreation in highly populated regions.
Section, Pub. L. 88–578, title I, §13, as added Pub. L. 104–333, div. I, title X, §1021(b), Nov. 12, 1996, 110 Stat. 4210; amended Pub. L. 105–83, title V, §505, Nov. 14, 1997, 111 Stat. 1617; Pub. L. 106–176, title I, §123(b), Mar. 10, 2000, 114 Stat. 29, related to an advisory commission on water-based recreation.
Section, 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, related to transfers to and from land and water conservation fund. See section 200310 of Title 54, National Park Service and Related Programs.