808 



value per visitor-day of the project without such 

 facilities or modifications. Project costs allocated to 

 recreation and fish and wildlife enhancement on 

 this basis shall be nonreimbursable. 



(b) Preservation of recreation and fish and wildlife 

 enhancement potential; execution of agreements 

 within ten year period; disposition of lands in 

 absence of such agreements, prohibition against 

 uses conflicting with project purposes, and prefer- 

 ence to uses promoting and not detracting from 

 such potential. 



Notwithstanding the absence of an indication of 

 intent as specified in section 460i-13(a) of this title, 

 lands may be provided in connection with project 

 construction to preserve the recreation and fish and 

 wildlife enhancement potential of the project: 



(1) If non-Federal public bodies execute an 

 agreement within ten years after iiiitial operation 

 of the project (which agreement shall provide that 

 the non-Federal pubhc bodies will administer 

 project land and water areas for recreation or fish 

 and wildlife enhancement or both pursuant to the 

 plan for the development of the project approved 

 by the head of the agency having administrative 

 jurisdiction over it and will bear not less than 

 one-half the costs of lands, facilities, and project 

 modifications provided for recreation, and will 

 bear one-quarter of such costs for fish and wild- 

 life enhancement, and all costs of operation, main- 

 tenance, and replacement attributable thereto) 

 the remainder of the costs of lands, facilities, and 

 project modifications provided pursuant to this 

 paragraph shall be nonreimbursable. Such agree- 

 ment and subsequent development, however, shall 

 not be the basis for any reallocation of joint costs 

 of the project fo recreation or fish and wildlife 

 enhancement. 



(2) If, within ten years after Initial operation 

 of the project, there is not an executed agreement 

 as specified in paragraph (1) of this subsection, 

 the head of the agency having jurisdiction over 

 the project may utilize the lands for any lawful 

 purpose within the jurisdiction of his agency, or 

 may offer the land for sale to its immediate prior 

 owner or his immediate heirs at its appraised fair 

 market value as approved by the head of the agen- 

 cy at the time of offer or, if a firm agreement by 

 said owner or his immediate heirs is not executed 

 within ninety days of the date of the offer, may 

 tranfer custody of the lands to another Federal 

 agency for use for any lawful purpose within the 

 jurisdiction of that agency, or may lease the lands 

 to a non-Federal public body, or may transfer 

 the lands to the Administrator of General Serv- 

 ices for disposition in accordance with the surplus 

 property laws of the United States. In no case 

 shall the lands be used or made available for use 

 for any purpose in conflict with the purposes for 

 which the project was constructed, and in every 

 case except that of an offer to purchase made, as 

 hereinbefore provided, by the prior owner or his 

 heirs preference shall be given to uses which will 

 preserve and promote the recreation and fish and 

 wildlife enhancement potential of the project or, 

 in the absence thereof, will not detract from that 

 potential. 



(As amended Pub. L. 93-251, title I, § 77(a) (3). 

 Mar. 7, 1974, 88 Stat. 33.) 



Amendments 

 1974 — subsec. (b) (7). Pub. L. 93-251 substituted "mod- 

 ifications provided for recreation, and will bear one- 

 quarter of such costs for fish and wildlife enhancement" 

 for "modifications provided for either or both of those 

 purposes, as the case may be". 



§460{-15. Lease of facilities and lands to non-Federal 

 public bodies. 



At projects, the construction of which has com- 

 menced or been completed as of July 9, 1965, where 

 non-Federal public bodies agree to administer proj- 

 ect land and water areas for recreation and fish and 

 wildlife enhancement purposes and to bear the costs 

 of operation, maintenance, and replacement of exist- 

 ing facilities serving those purposes, such facilities 

 and appropriate project lands may be leased to non- 

 Federal public bodies. (Pub. L. 89-72, § 4, July 9, 

 1965, 79 Stat. 215.) 



§460/-16. Postauthorization development of projects 

 without allocation or reallocation of costs. 



Nothing herein shall be construed as preventing 

 or discouraging postauthorization development of 

 any project for recreation or flsh and wildlife en- 

 hancement or both by non -Federal public bodies 

 pursuant to agreement with the head of the Federal 

 agency having jurisdiction over the project. Such 

 development shall not be the basis for any alloca- 

 tion or reallocation of project costs to recreation or 

 fish and wildlife enhancement. (Pub. L. 89-72, § 5, 

 July 9, 1965, 79 Stat. 216.) 



§ 4Q0{-17. Miscellaneous provisions. 



(a) Project reports; outdoor recreation views; con- 

 formity to State comprehensive plan. 



The views of the Secretary of the Interior de- 

 veloped in accordance with section 460Z-2 of this 

 title, with respect to the outdoor recreation aspects 

 shall be set forth in any repwrt of any project or 

 appropriate unit thereof within the purview of this 

 Act. Such views shall include a report on the extent 

 to which the proposed recreation and flsh and wild- 

 life development conforms to and is in accord with 

 the State comprehensive plan developed pursuant to 

 section 460Z-8(d) of this title. 



(b) Migratory waterfowl refuges at Federal projects; 

 expenditure limitation for acquisition of lands. 



Expenditures for lands or interests in lands here- 

 after acquired by project construction agencies for 

 the establishment of migratory waterfowl refuges 

 recommended by the Secretary of the Interior at 

 Federal water resource projects, when such lands or 

 Interests in lands would not have been acquired but 

 for the establishment of a migratory waterfowl 

 refuge at the project, shall not exceed $28,000,000: 

 Provided, That the aforementioned expenditure lim- 

 itation in this subsection shall not apply to the costs 

 of mitigating damages to migratory waterfowl 

 caused by such water resource project. 



(c) Nonapplication to certain projects. 



This Act shall not apply to the Tennessee Valley 

 Authority, but the Authority is authorized to recog- 

 nize and provide for recreational and other public 



