807 



460!-20. Construction of projects under certain laws with 

 allocations to recreation and flsh and wildlife 

 enhancement exceeding allocations to other 

 functions unauthorized: exception. 



460J-21. Definitions. 



§460Z-12. Recreation and fish and wildlife benefits of 

 Federal multiple-purpose water resources proj- 

 ects; declaration of policy. 



It is the policy of the Congress ajid the intent of 

 this Act (a) in investigating and planning any Fed- 

 eral navigation, flood control, reclamation, hydro- 

 electric, or multiple-purpose water resource project, 

 full consideration shall be given to the opportunities, 

 if any, which the project affords for outdoor recrea- 

 tion and for fish and wildlife enhancement and that, 

 wherever any such project can reasonably serve 

 either or both of these purposes consistently with the 

 provisions of this Act, it shall be constructed, op- 

 erated, and maintained accordingly; (b) planning 

 with respect to the development of the recreation 

 potential of any such project shall be based on the 

 coordination of the recreational use of the project 

 area with the use of existing and planned Federal, 

 State, or local public recreation developments; and 

 (c) project construction agencies shall encourage 

 non-Federal public bodies to administer project land 

 and water areas for recreation and fish and wildlife 

 enhancement purposes and operate, maintain, and 

 replace facilities provided for those purposes unless 

 such areas or facilities are included or proposed for 

 inclusion within a national recreation area, or are 

 appropriate for administration by a Federal agency 

 as a part of the national forest system, as a part 

 of the public lands classified for retention in Federal 

 ownership, or in connection with an authorized Fed- 

 eral program for the conservation and development 

 of fish and wildlife. (Pub. L. 89-72. § 1, July 9, 1965. 

 79 Stat. 213.) 



§460H3. Non-Federal administration of project land 

 and water areas; costs; compliance prerequisite to 

 determination of economic benefits, allocation of 

 costs, and Federal bearing of cosis; execution of 

 agreement before commencement of project con- 

 struction; non-Federal share of costs. 



(a) If, before authorization of a project, non-Fed- 

 eral public bodies indicate their intent in writing to 

 agree to administer project land and water areas for 

 recreation or fish and wildlife enhancement or for 

 both of these purposes pursuant to the plan for the 

 development of the project approved by the head 

 of the agency having administrative jurisdiction over 

 it and to bear not less than one-half the separable 

 costs of the project allocated to recreation, and to 

 bear one-quarter of such costs allocated to fish and 

 wildlife enhancement and all the costs of operation, 

 maintenance, and replacement incurred therefor — 



(1) the benefits of the project to said purpose 

 or purposes shall be taken into account in deter- 

 mining the economic benefits of the project; 



(2) costs shall be allocated to said purpose or 

 ptirposes and to other purposes in a manner which 

 will insure that all project purposes share equi- 

 tably in the advantages of multiple-purpose con- 

 struction: Provided, That the costs allocated to 

 recreation or fish and wildlife enhancement shall 



not exceed the lesser of the benefits from those 

 functions or the costs of providing recreation or 

 fish and wildlife enhancement benefits or reason- 

 ably equivalent use and location by the least costly 

 alternative means ; and 



(3) not more than one-half the separable costs 

 of the project allocated to recreation and exactly 

 three-quarters of such costs allocated to flsh and 

 wildlife enhancement and all the joint costs of the 

 project allocated to recreation and fish and wild- 

 life enhancement shall be borne by the United 

 States and be nonreimbursable. 

 Projects authorized during the calendar year 1965 

 may include recreation and fish and wildlife en- 

 hancement on the foregoing basis without the re- 

 quired indication of Intent. Execution of an agree- 

 ment as aforesaid shall be a prerequisite to com- 

 mencement of construction of any project to which 

 this subsection is applicable. 



(b) The non-Federal share of the separable costs 

 of the project allocated to recreation and fish and 

 wildlife enhancement shall be borne by non-Federal 

 interests, under either or both of the following meth- 

 ods as may be determined appropriate by the head 

 of the Federal agency having jurisdiction over the 

 project: (1) payment, or provision of lands, inter- 

 ests therein, or facilities for the project; or (2) re- 

 payment, with interest at a rate comparable to that 

 for other interest-bearing functions of Federal water 

 resource projects, within fifty years of first use 

 of project recreation or flsh and wildlife enhance- 

 ment facilities: Provided, That the source of repay- 

 ment may be limited to entrance and user fees or 

 charges collected at the project by non-Federal in- 

 terests if the fee schedule and the portion of fees 

 dedicated to repayment are established on a basis 

 calculated to achieve repayment as aforesaid and are 

 made subject to review and renegotiation at intervals 

 of not more than five years. (Pub. L. 89-72. § 2, July 

 9, 1965. 79 Stat. 214.) 



§ 4601-14. Facilities of project modifications to be pro- 

 vided without written indication of intent, 

 (a) Other project purposes as justification; public 

 health and safety requirement of minimum facili- 

 ties at access points; basis for calculation of bene- 

 fits; nonreimbursable costs. 

 No facilities or project modifications which will 

 furnish recreation or fish and wildlife enhancement 

 benefits shall be provided in the absence of the in- 

 dication of intent with respect thereto specified in 

 section 4601-13(a) of this title unless (1) such facil- 

 ities or modifications serve other project purposes 

 and are justified thereby without regard to such in- 

 cidental recreation or fish and wildlife enhancement 

 benefits as they may have or (2) they are minimum 

 facilities which are required for the public health 

 and safety and are located at access points provided 

 by roads existing at the time of project construction 

 or constructed for the administration and manage- 

 ment of the project. Calculation of the recreation 

 and fish and wildlife enhancement benefits in any 

 such case shall be based on the number of visitor- 

 days anticipated in the absence of recreation and 

 fish and wildlife enhancement facilities or modifica- 

 tions except as hereinbefore provided and on the 



