(f) Maintenance and enhancement of natural 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 Interior, Housing and Urban Development, and Agriculture, and with the States in developing transportation plans and programs that include measures to maintain or enhance the natural beauty of the

§ 138. Preservation of parklands.

lands traversed. After August 23, 1968, the Secretary shall not approve any program or project which requires the use of any publicly owned land from a public park, recreation area, or wildlife and waterfowl 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 possible planning to minimize harm to such park, recreational area, wildlife and waterfowl refuge, or historic site resulting from such use.

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 Interior, Housing and Urban Development, and Agriculture, and with the States in developing transportation plans and programs that include measures 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 requires the use of any publicly owned land from a public park, recreation area, or wildlife and waterfowl 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 possible planning to minimize harm to such park, recreational area, wildlife and waterfowl refuge, or historic 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.)

REFERENCES IN TEXT

The effective date of the Federal-Aid Highway Act of 1968, referred to in text, is the effective date of Pub. L. 90-495, which took effect on Aug. 23, 1968.

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.

EFFECTIVE DATE OF 1968 AMENDMENT Amendment by Pub. L. 90-495 effective Aug. 23, 1968, see section 37 of Pub. L. 90-495, set out as a note under section 502 of this title.

8 204. Forest highways.

(a) Funds available for forest highways shall be used by the Secretary to pay for the cost of construction and maintenance thereof. In connection therewith, the Secretary may enter into construction 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 required 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 on his own account. For such purpose, the Secretary may purchase, lease, hire, rent, or otherwise obtain all necessary supplies, materials, tools, equipment, and facilities required to perform the work. and may pay wages, salaries, and other expenses for help employed in conrection with such work.

(d) All appropriations for forest highways shali be administered in conformity with regulations jointly approved by the Secretary and the Secretary of Agriculture.

(e) The Secretary shall transfer to the Secretary of Agriculture from appropriations for forest highways such amounts as may be needed to cover

necessary administrative expenses of the Forest Service in connection with the forest-highway program.

(1) Funds available for forest highways shail be available for adjacent vehicular parking areas and for sanitary, water, and fire control facilities. (Pub. L. 85-767, Aug. 27, 1958, 72 Stat 907.)

TRANSFER OF FUNCTIONS

All functions. powers, and duties of the Secretary of Commerce and other officers and offices of the Department of Commerce under this title and under specific related laws and parts of laws set out in the notes in this title relating generally to highways and highway and traffic safety were transferred to and vested in the Secretary of Transportation by Pub. L. 89-670, Oct. 15, 1966, 80 Stat. 931. which created the Department of Transportation. See section 1655(a) (1), (6) of Title 49. Transportation.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 211, 315 of this title.

§ 205. Forest development roads and trails.

(a) Funds available for forest development roads and trails shall be used by the Secretary of Agriculture to pay for the costs of construction and maintenance thereof, including roads and trails on expertmental and other areas under Forest Service administration. In connection therewith, the Secretary of Agriculture may enter into contracts with a State or civil subdivision thereof, and issue such regulations as he deems advisable.

(b) Cooperation of States, counties, or other locai subdivisions may be accepted but shall not be required by the Secretary of Agriculture.

(c) Construction estimated to cost $15,000 cr more per mile or $15,000 or more per project for projects with a length of less than one mile, exclusive of bridges and engineering, shall be advertised and let to contract. If such estimated cost is less than $15,000 per mile or $15,000 per project for projects with a length of less than one 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 of Agriculture on his own account.

(d) Funds available for forest development roads and trails shall be available for adjacent vehicular parking areas and for sanitary, water, and fire control facilities. (Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 907; Pub. L. 86-657, § 8(c), July 14, 1960, 74 Stat. 524; Pub. L. 88-423, § 4(d), Aug. 13, 1964, 78 Stat. 398; Pub. L. 90-495, § 9, Aug. 23, 1968, 82 Stat. 820.)

AMENDMENTS

1968-Subsec. (a). Pub. L. 90-495 increased from $10,000 to $15,000 the cost limitation on construction per mile, or per project for projects of less than a mile, which the Forest Service may construct on its own account and struck out provisions spelling out the functions which the Secretary of Agriculture is authorized to perform in carrying out such construction.

1964 Subsec. (a). Pub. L. 88-423 inserted "and other" following "experimental."

1960 Subsec. (a). Pub. L. 86-657 substituted "may enter into contracts" for "may enter into construction contracts."

EFFECTIVE DATE OF 1968 AMENDMENT Amendment by Pub. L. 90-495 effective Aug. 23, 1968, see section 37 of Pub. L. 90-495, set out as a note under section 502 of this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 211, 315 of this title.

§ 206. Park roads and trails.

(a) Funds available for park roads and trails shall be used to pay for the cost of construction and improvement thereof.

(b) Appropriations for the construction and improvement of park roads shall be administered in conformity with regulations jointly approved by the Secretary and the Secretary of Interior. (Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 908.)

TRANSFER OF FUNCTIONS

All functions, powers, and duties of the Secretary of Commerce and other officers and offices of the Department of Commerce under this title and under specific related laws and parts of laws set out in the notes in this title relating generally to highways and highway and traffic safety were transferred to and vested in the Secretary of Transportation by Pub. L. 89-670, Oct. 15, 1966, 80 Stat. 931, which created the Department of Transportation. See section 1655 (a) (1), (6) of Title 49, Transportation.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 315 of this title.

§ 207. Parkways.

(a) Funds available for parkways shall be used to pay for the cost of construction and improvement thereof.

(b) Appropriations for the construction of parkways shall be administered in conformity with regulations jointly approved by the Secretary and the Secretary of the Interior.

(c) The location of parkways upon public lands, national forests, or other Federal reservations, shall be determined by agreement between the department having jurisdiction over such lands and the Secretary of the Interior. (Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 908.)

TRANSFER OF FUNCTIONS

All functions, powers, and duties of the Secretary of Commerce and other officers and offices of the Department of Commerce under this title and under specific related laws and parts of laws set out in the notes in this title relating generally to highways and highway and traffic safety were transferred to and vested in the Secretary of Transportation by Pub. L. 89-670, Oct. 15, 1966, 80 Stat. 931, which created the Department of Transportation. See section 1655 (a) (1), (6) of Title 49, Transportation.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 315 of this title.

§ 317. Appropriation for highway purposes of lands or interests in lands owned by the United States. (a) If the Secretary determines that any part of the lands or interests in lands owned by the United States is reasonably necessary for the right-of-way of any highway, or as a source of materials for the construction or maintenance of any such highway adjacent to such lands or interests in lands, the Secretary shall file with the Secretary of the Department supervising the administration of such lands or interests in lands a map showing the portion of such lands or interests in lands which it is desired to appropriate.

(b) If within a period of four months after such

filing, the Secretary of such Department shall not have certified to the Secretary that the proposed appropriation of such land or material is contrary to the public interest or inconsistent with the purposes for which such land or materials have been reserved, or shall have agreed to the appropriation and transfer under conditions which he deems necessary for the adequate protection and utilization of the reserve, then such land and materials may be appropriated and transferred to the State highway department, or its nominee, for such purposes and subject to the conditions so specified.

(c) If at any time the need for any such lands or materials for such purposes shall no longer exist, notice of the fact shall be given by the State highway department to the Secretary and such lands or materials shall immediately revert to the control of the Secretary of the Department from which they had been appropriated.

(d) The provisions of this section shall apply only to projects constructed on a Federal-aid system or under the provisions of chapter 2 of this title. (Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 916.)

TRANSFER OF FUNCTIONS

All functions, powers, and duties of the Secretary of Commerce and other officers and offices of the Department of Commerce under this title and under specific related laws and parts of laws set out in the notes in this title relating generally to highways and highway and traffic safety were transferred to and vested in the Secretary of Transportation by Pub. L. 89-670, Oct. 15, 1966, 80 Stat. 931, which created the Department of Transportation. See section 1655(a) (1), (6) of Title 49, Transportation.

§319. Landscaping and scenic enhancement.

(a) The Secretary may approve as a part of the construction of Federal-aid highways the costs of iandscape and roadside development, including acquisition and development of publicly owned and controlled rest and recreation areas and sanitary and

other facilities reasonably necessary to accommodate the traveling public.

(b) An amount equivalent to 3 per centum of the funds apportioned to a State for Federal-aid highways for any fiscal year shall be allocated to that State out of funds appropriated under authority of this subsection, which shall be used for landscape and roadside development within the highway rightof-way and for acquisition of interests in and improvement of strips of land necessary for the restoration, preservation, and enhancement of scenic beauty adjacent to such highways, including acquisition and development of publicly owned and controlled rest and recreation areas and sanitary and other facilities within or adjacent to the highway right-of-way reasonably necessary to accommodate the traveling public, without being matched by the State. The Secretary may authorize exceptions from this requirement, upon application of a State and upon a showing that such amount is in excess of the needs of the State for these purposes. Any funds not used as required by this subsection shall lapse. There is authorized to be appropriated to carry out this subsection, out of any money in the Treasury not otherwise appropriated, not to exceed $120,000,000 for the fiscal year ending June 30, 1966, not to exceed $120,000,000 for the fiscal year ending June 30, 1967, and not to exceed $20.000,000 for the fiscal year ending June 30, 1970. The provisions of chapter 1 of this title relating to the obligation, period of availability, and expenditure of Federal-aid primary highway funds shall apply to the funds authorized to be appropriated to carry out this subsection after June 30, 1967. (Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 916; Pub. L. 89-285, title III, § 301 (a), Oct. 22, 1965, 79 Stat. 1032; Pub. L. 89-574, § 8(b), Sept. 13, 1966, 80 Stat. 768; Pub. L. 90-495, § 6(f), Aug. 23, 1968, 82 Stat. 818.)

§ 4601-4. Land and water conservation provisions; statement of purposes.

The purposes of sections 4601-4 to 4601-11 of this title are to assist in preserving, developing, and assuring accessibility to all citizens of the United States of America of present and future generations and visitors who are lawfully present within the boundaries of the United States of America such quality and quantity of outdoor recreation resources as may be available and are necessary and desirable for individual active participation in such recreation and to strengthen the health and vitality of the citizens of the United States by (1) providing funds for and authorizing Federal assistance to the States in planning, acquisition, and development of needed land and water areas and facilities and (2) providing funds for the Federal acquisition and development of certain lands and other areas. (Pub. L. 88578, title I, § 1(b), Sept. 3, 1964, 78 Stat. 897.)

EFFECTIVE DATE

Section 1(a) of Pub. L. 88-578 provided in part that Pub. L. 88-578, which enacted sections 4601-4 to 4601-11, amended section 460d, and repealed section 14 of this title, and amended provisions set out as a note under section 120 of Title 23, Highways, shall become effective on Jan. 1, 1965.

SHORT TITLE

Section 1(a) of Pub. L. 88-578 provided in part that: "This Act [which enacted sections 4601-4 to 4607-11, amended section 460d, and repealed section 14 of this title, and amended provisions set out as a note under section 120 of Title 23, Highways] may be cited as the 'Land and Water Conservation Fund Act of 1965'."

SURVEY OF ENTRANCE AND USER FEES; REPORT BY
FEBRUARY 1, 1971

Section 4 of Pub. L. 91-308, July 7, 1970, 84 Stat. 410, provided that: "On or before February 1, 1971, the Secretary of the Interior shall complete a survey as to the policy to be implemented with regard to entrance and user fees and report his findings to the Senate and House Committees on Interior and Insular Affairs."

CROSS REFERENCES

Uniform application of sections 4601-4 to 4601-11 of this title to all areas of national park system when not in conflict with specific provisions applicable to an area, see section 1c(b) of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1c, 4601-5, 4601-6, 4601-7, 4601-8, 4601-10c, 4601-11 of this title.

§ 4601-5. Land and water conservation funds; establishment; covering certain revenues and collections into fund.

During the period ending June 30, 1989, and during such additional period as may be required to repay any advances made pursuant to section 46017(b) of this title, there shall be covered into the land and water conservation fund in the Treasury of the United States, which fund is hereby established and is hereinafter referred to as the "fund", the following revenues and collections:

(a) Entrance and user fees; establishment; regulations.

All proceeds from entrance, admission, and other recreation user fees or charges collected or received by the National Park Service, the Bureau of Land Management, the Bureau of Sport Fisheries and Wildlife, the Bureau of Reclamation, the Forest Service, the Corps of Engineers, the Tennessee Valley Authority, and the United States section of the International Boundary and Water Commission (United States and Mexico), notwithstanding any other provision of law: Provided, That nothing in sections 4601-4 to 4607-11 of this title shall affect any rights or authority of the States with respect to fish and wildlife, nor shall sections 4601-4 to 4601-11 of this title repeal any provision of law that permits States or political subdivisions to share in the revenues from Federal lands or affect any contract heretofore entered into by the United States that provides that such revenues collected at particular Federal areas shall be credited to specific purposes; but the proceeds from fees or charges established by the President pursuant to this subsection for entrance or admission generally to Federal areas shall be used solely for the purposes of sections 4601-4 to 4607-11 of this title.

The President is authorized, to the extent and within the limits hereinafter set forth, to designate or provide for the designation of land or water areas administered by or under the authority of the Federal agencies listed in the preceding paragraph at which entrance, admission, and other forms of recreation user fees shall be charged and to establish and revise or provide for the establishment and revision of such fees as follows:

(i) An annual fee of not more than $10 payable by a person entering an area so designated by private noncommercial automobile which, if paid, shall excuse the person paying the same and anyone who accompanies him in such automobile from payment of any other fee for admission to that area and other areas administered by or

under the authority of such agencies, except areas which are designated by the President as not being within the coverage of the fee, during the year for which the fee has been paid.

(ii) Fees for a single visit or a series of visits during a specified period of less than a year to an area so designated payable by persons who choose not to pay an annual fee under clause (i) of this paragraph or who enter such an area by means other than private noncommercial automobile.

(iii) Fees payable for admission to areas not within the coverage of a fee paid under clause (i) of this paragraph.

(iv) Fees for the use within an area of sites, facilities, equipment, or services provided by the United States.

Entrance and admission fees may be charged at areas administered primarily for scenic, scientific, historical, cultural, or recreational purposes. No entrance or admission fee shall be charged except at such areas or portions thereof administered by a Federal agency where recreation facilities or services are provided at Federal expense. No fee of any kind shall be charged by a Federal agency under any provision of sections 4601-4 to 4607-11 of this title for use of any waters. All fees established pursuant to this subsection shall be fair and equitable, taking into consideration direct and indirect cost to the Government, benefits to the recipient, public policy or interest served, and other pertinent factors. Nothing contained in this paragraph shall authorize Federal hunting or fishing licenses or fees or charges for commercial or other activities not related to recreation. No such fee shall be charged for travel by private noncommercial vehicle over any national parkway or any road or highway established as a part of the national Federal-aid system, as defined in section 101, title 23, or any road within the National Forest system or a public land area, which, though it is part of a larger area, is commonly used by the public as a means of travel between two places either or both of which are outside the area. No such fee shall be charged any person for travel by private noncommercial vehicle over any road or highway to any land in which such person has any property right if such land is within any such designated area.

No fees established under clause (ii) or clause (iii) of the second paragraph of this subsection shall become effective with respect to any area which embraces lands more than half of which have heretofore been acquired by contribution from the government of the State in which the area is located until sixty days after the officer of the United States who is charged with responsibility for establishing such fees has advised the Governor of the affected State, or an agency of the State designated by the Governor for this purpose, of his intention so to do, and said officer shall, before finally estab

There is hereby repealed the third paragraph from the end of the division entitled "National Park Service" of section 1 of the Act of March 7, 1928 (45 Stat. 238) and the second paragraph from the end of the division entitled "National Park Service" of section 1 of the Act of March 4, 1929 (45 Stat. 1602; section 14 of this title). Section 4 of the Act entitled "An Act authorizing the construction of certain public works on rivers and harbors for flood control, and for other purposes", approved December 24, 1944 (section 460d of this title), as amended by the Flood Control Act of 1962 (76 Stat. 1195) is further amended by deleting ", without charge," in the third sentence from the end thereof. All other provisions of law that prohibit the collection of entrance, admission, or other recreation user fees or charges authorized by sections 4601-4 to 460111 of this title or that restrict the expenditure of funds if such fees or charges are collected are hereby also repealed: Provided, That no provision of any law or treaty which extends to any person or class of persons a right of free access to the shoreline of any reservoir or other body of water, or to hunting and fishing along or on such shoreline, shall be affected by this repealer.

The heads of departments and agencies are authorized to prescribe rules and regulations for the collection of any entrance, admission, and other recreation user fees or charges established pursuant to this subsection for areas under their administration: Provided further, That no free passes shall be issued to any Member of Congress or other government official. Clear notice that a fee or charge has been established shall be posted at each area to which it is applicable. Any violation of any rules or regulations promulgated under sections 4601-4 to 4601-10 of this title at an area so posted shall be punishable by a fine of not more than $100. Any person charged with the violation of such rules and regulations may be tried and sentenced by any United States commissioner specially designated for that purpose by the court by which he was appointed in the same manner and subject to the same conditions as provided for in Title 18, section 3401, subsections (b), (c), (d), and (e), as amended.

propriation Act 1963 (76 Stat. 725) or in any later appropriation Act) hereafter received from any disposal of surplus real property and related personal property under the Federal Property and Administrative Services Act of 1949, as amended, notwithstanding any provision of law that such proceeds shall be credited to miscellaneous receipts of the Treasury. Nothing in sections 4601-4 to 4601-11 of this title shall affect existing laws or regulations concerning disposal of real or personal surplus property to schools, hospitals, and States and their political subdivisions.

(c) Motorboat fuels tax.

The amounts provided for in section 4601-11 of this title. (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.)

AMENDMENT OF SECTION EFFECTIVE DEC. 31, 1971

Section 1(d) of Pub. L. 90-401, as amended by section 1 of Pub. L. 91-308; Pub. L. 91-485, § 1, Oct. 22, 1970, 84 Stat. 1084, provided that, effective Dec. 31, 1971, section will read as follows:

"During the period ending June 30, 1989, and during such additional period as may be required to repay any advances made pursuant to section 46017(b) of this title, there shall be covered into the land and water conservation fund in the Treasury of the United States, which fund is hereby established and is hereinafter referred to as the "fund", the following revenues and collections:

(a) Surplus property sales.

"All proceeds (except so much thereof as may be otherwise obligated, credited, or paid under authority of those provisions of law set forth in section 485 (b)-(e) of Title 40, or the Independent Offices Appropriation Act 1963 (76 Stat. 725) or in any later appropriation Act) hereafter received from any disposal of surplus real property and related personal property under the Federal Property and Administrative Services Act of 1949, as amended, notwithstanding any provision of law that such proceeds shall be credited to miscellaneous receipts of the Treasury. Nothing in sections 4601-4 to 4601-11 of this title shall affect existing laws or regulations concerning disposal of real or personal surplus property to schools, hospitals, and States and their political subdivisions.

(b) Motorboat fuels tax.

"The amounts provided for in section 4601-11 of this title.

(b) Surplus property sales.

All proceeds (except so much thereof as may be otherwise obligated, credited, or paid under authority of those provisions of law set forth in section 485 (b)-(e), Title 40, or the Independent Offices Ap

(c) Other revenues.

"(1) In addition to the sum of the revenues and collections estimated by the Secretary of the Interior to be covered into the fund pursuant to this section, as amended, there are authorized to be appropriated