446 



21. Preserve Wildlife Refuges and Maintenance of Natural Beauty on 

 Lands Traversed by Highway Projects 



49 U.S.C. 1653(f) 



§1653. General provisions. 



*>(•*>- ^^• 



(f) Maintenance and onhancomont of natnral beauty 

 of land traversed by transportation lines. 

 It is hereby declared to be the national policy that 

 special effort should be made to preserve the natural 

 beauty of the countryside and public park and 

 recreation lands, wildlife and waterfowl refuges, and 

 historic sites. The Secretary of Transportation shall 

 cooperate and consult with the Secretaries of the 

 rnterior. Housing and Urban Development, and Agri- 

 culture, and with the States in developing transpor- 

 tation plans and programs that include measures 

 to maintain or enhance the natural beauty of the 



lands traversed. After August 23, 1968, the Secre- 

 tary shall not apijrove any program or project which 

 reqiures the use of any publicly owned land from a 

 liublic park, recreation area, or wildlife and water- 

 fowl refuge of national. State, or local significane 

 as determined by the Federal, State, or local officials 

 having jurisdiction thereof, or any land from an 

 historic site of national. State, or local significance 

 as so determined by such officials unless ( 1 ) there 

 is no feasible and prudent alternative to the use of 

 such land, and (2) such program includes all pos- 

 sible planning to minimize harm to such park, 

 recreational area, wildlife and waterfowl refuge, or 

 historic site resulting from such use. 



22. Recreational Use of Fish and Widlife Areas Administered by the 



Secretary of the Interior 



16 U.S.C. 460k-460k^ 



§460k. Public recreation use of fish and wildlife con- 

 servation areas; compatibility with conservation 

 purposes; appropriate incidental or secondary use; 

 consistency with other Federal operations and pri- 

 mary objectives of particular areas; curtailment; 

 forms of recreation not directly related to primary 

 purposes of individual areas; repeal or amendment 

 of provisions for particular areas. 



In recognition of mounting public demands for 

 recreational opporttmities on areas within the Na- 

 tional Wildlife Refuge System, national fish hatch- 

 eries, and other conservation areas administered by 

 the Secretary of the Interior for fish and wildlife 

 purposes; and in recognition also of the resultliig 

 Imperative need, if such recreational opporttmities 

 are provided, to assure that any present or future 

 recreational use will be compatible with, and will not 

 prevent accomplishment of, the primary purposes for 

 which the said conservation areas were acquired or 

 established, the Secretary of the Interior Is author- 

 ized, as an appropriate Incidental or secondary use, 

 to administer such areas or parts thereof for public 

 recreation when in his judgment public recreation 

 can be an appropriate incidental or secondary use: 

 Provided, That such public recreation use shall be 

 permitted only to the extent that is practicable and 

 not inconsistent with other previously authorized 

 Federal operations or with the primary objectives 

 for which each particular area is established: Pro- 

 vided further. That In order to insure accomplish- 

 ment of such primary objectives, the Secretary, after 

 consideration of all authorized uses, purposes, and 

 other p)ertinent factors relating to individual areas, 

 shall curtail public recreation use generally or cer- 

 tain types of public recreation use within indi- 

 vidual areas or In portions thereof whenever he con- 

 siders such action to be necessary: And provided 



further. That none of the aforesaid refuges, hatch- 

 eries, game ranges, and other conservation areas 

 shall be used during any fiscal year for those forms 

 of recreation that are not, directly related to the 

 primary purposes and fimctions of the Individual 

 areas imtil the Secretary shall have determined — 



(a) that such recreational use will not interfere 

 with the primary purposes for which the areas 

 were established, and 



(b) that funds are available for the develop- 

 ment, operation, and maintenance of these per- 

 mitted forms of recreation. This section shall not 

 be construed to repeal or amend previous enact- 

 ments relating to particular areas. 



(Pub. L. 87-714, § 1, Sept. 28, 1962, 76 Stat. 653; Pub. 

 L. 89-669, § 9, Oct. 15, 1966, 80 Stat. 930.) 

 Amendments 

 1966— Pub. L. 89-669 substituted "areas within the Na- 

 tional Wildlife Refuge System" for "national wildlife 

 refuges, game ranges," In the Introductory text. 



§4G0k-l. Acquisition of lands for recreational devel- 

 opment ; funds. 



The Secretary is authorized to acquire areas of 

 land, or interests therein, which are suitable for — 



( 1 ) incidental fish and wildlife-oriented recrea- 

 tional development, 



(2) the protection of natural resources, 



(3) the conservation of endangered species or 

 threatened species listed by the Secretary pursu- 

 ant to section 1533 of this title, or 



(4) carrying out two or .more of the purposes 

 set forth in paragraphs (1) through (3) of this 

 section, and are adjacent to, or within, the said 

 conservation areas, except that the acquisition 

 of any land or interest therein pursuant to this 



