447 



section shall be accomplished only with such funds 



as may be appropriated therefor by the Congress 



or donated for such purposes, but such property 



shall not be acquired with funds obtained from 



the sale of Federal migratory bird hunting stamps. 



Lands acquired pursuant to this section shall become 



a part of the particular conservation area to which 



they are adjacent. (As amended Pub. L. 92-534, Oct. 



23, 1972, 86 Stat. 1063; Pub. L. 93-205, § 13(d), Dec. 



28, 1973, 87 Stat. 902.) 



Amendments 



1973 — Pub. L. 93-205 Inserted references to the acquisi- 

 tion of Interest in land the conservation of endangered 

 species or threatened species listed by the Secretary pur- 

 suant to section 1533 of this title. 



1972 — Pub. L. 92-534 substituted provisions authorizing 

 the Secretary to acquire lands suitable for fish and wild- 

 life oriented recreational development, or for the pro- 

 tection of natural resources and adjacent to conservation 

 areas, for provisions authorizing the Secretary to acquire 

 limited areas of land for recreational development ad- 

 jacent to conservation areas in existence or approved by 

 the Migratory Bird Conservation Commission as of Sep- 

 tember 28. 1962. 



§ 460k-2. Cooperation with agencies, organizations and 

 individuals; acceptance of donations; restrictive 

 covenants. 



In furtherance of the purposes of sections 460k to 

 460k-4 of this title, the Secretary is authorized to 

 cooperate with public and private agencies, organ- 

 izations, and individuals, and he may accept and 

 use, without further authorization, donations of 

 funds and real and personal property. Such accept- 



ance may be accomplished under the terms and con- 

 ditions of restrictive covenants imposed by donors 

 when such covenants are deemed by the Secretary to 

 be compatible with the purposes of the wildlife 

 refuges, games ranges, fish hatcheries, and other 

 fish and wildlife conservation areas. (Pub. L. 87- 

 714, § 3, Sept. 28, 1962, 76 Stat. 653.) 



§460k-3. Charges and fees; permits; regulations; 

 penalties. 



The Secretary may establish reasonable charges 

 and fees and issue permits for public use of national 

 wildlife refuges, game ranges, national fish hatch- 

 eries, and other conservation areas administered by 

 the Department of the Interior for fish and wildlife 

 purposes. The Secretary may issue regulations to 

 carry out the purposes of sections 460k to 460k-4 of 

 this title. A violation of such regulations shall be 

 a petty offense (section 1 of Title 18) with maximum 

 penalties of imprisonment for not more than six 

 months, or a fine of not more than $500, or both. 

 (Pub. L. 87-714, § 4, Sept, 28, 1962, 76 Stat. 654.) 



§ 460k-4. Appropriations. 



There Is authorized to be appropriated such funds 

 as may be necessary to carry out the purposes of sec- 

 tions 460k to 460k-4 of this title, including the con- 

 struction and maintenance of public recreational 

 facilities. (Pub. L. 87-714, i 5, Sept. 28, 1962, 76 

 Stat. 654.) 



23. Related Highway Legislation 

 23 U.S.C. 138, 204-207, 317 



§ 138. Preservation of parklands. 



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 recre- 

 ation lands, wildlife and waterfowl refuges, and his- 

 toric sites. The Secretary of Transportation shall 

 cooperate and consult with the Secretaries of the 

 Interior, Housing and Urban Development, and Ag- 

 riculture, and with the States in developing trans- 

 portation plans and programs that include meas- 

 ures to maintain or enhance the natural beauty of 

 the lands traversed. After the effective date of the 

 Federal- Aid Highway Act of 1968, the Secretary 

 shall not approve any program or project which re- 

 quires the use of any publicly owned land from a 

 public park, recreation area, or wildlife and water- 

 fowl refuge of national, State, or local significance 

 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 f>os- 

 sible planning to minimize harm to such park, recre- 

 ational area, wildlife and waterfowl refuge, or his- 

 toric site resulting from such use. (Added Pub. L. 



89-574. § 15(a), Sept. 13, 1966, 80 Stat. 771, and 

 amended Pub. L. 90-495, § 18(a). Aug. 23. 1968. 82 

 Stat. 823.) 



Amendments 

 1968 — Pub. L 90-495 amended section generally so as 

 to make it clear that the section does not constitute a 

 mandatory prohibition against the use of enumerated 

 lands but rather Is a discretionary authority. 



§204. Forest highways. 



(a) Poinds available for forest highways shall be 

 used by the Secretary to pay for the cost of con- 

 struction and maintenance thereof. In connection 

 therewith, the Secretary may 'enter into construc- 

 tion contracts and such other contracts with a 

 State, or civil subdivision thereof as he deems 

 advisable. 



(b) Cooperation of States, counties, or other local 

 subdivisions, may be accepted but shall not be re- 

 quired by the Secretary. 



(c) Construction estimated to cost $5,000 or more 

 per mile, exclusive of bridges, shall be advertised 

 and let to contract. If such estimated cost is less 

 than $5,000 per mile or if, after proper advertising, 

 no acceptable bid is received or the bids are deemed 

 excessive, the work may be done by the Secretary 



