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 PUNCTIONS

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 t'tle.

$ 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.

(e) 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. 8200

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.)

this

TRANSFER OF FUNCTIONS

All functions, powers, and duties of the Secretary of Commerce and other officers and offices of the Depart. ment of Commerce under this title and under specific related laws and parts of laws set out in the notes in 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.

If within a period of four months after such

CROSS REFERENCES

Uniform application of sections 4601-4 to 4607-11 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 4601-11 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.

(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

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 4607-11 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.

(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

annually to the fund out of any money in the Treasury not otherwise appropriated such amounts as are necessary to make the income of the fund not less than $200,000,000 for each of the fiscal years 1968, 1969, and 1970, and not less than $300,000,000 for each fiscal year thereafter through June 30, 1989. "(2) To the extent that any such sums so appropriated are not sufficient to make the total annual income of the fund amount to $200,000,000 or $300,000,000 for each of such fiscal years, as provided in clause (1), an amount sufficient to cover the remainder thereof, shall be credited to the fund from revenues due and payable to the United States for deposit in the Treasury as miscellaneous receipts under the Outer Continental Shelf Lands Act, as amended: Provided, That notwithstanding the provisions of section 4601-6 of this title, moneys covered into the fund under this paragraph shall remain in the fund until appropriated by the Congress to carry out the purpose of sections 4601-4 to 4601-11 of this title."

REFERENCES IN TEXT

Section 1 of the Act of March 7, 1928, referred to in subsec. (a), was classified to former section 14, and section 15 of this title.

Section 1 of the Act of March 4, 1929, referred to in subsec. (a), was classified to former section 14 of this title. The Flood Control Act of 1962, referred to in subsec. (a), is Pub. L. 87-874, Oct, 23, 1962, 76 Stat. 1173.

For classification of so much of the Independent Offices Appropriation Act, 1963, referred to in subsec. (b). as is set out in the Code, see Tables Volume.

The Federal Property and Administrative Services Act, referred to in subsec. (b), is act June 30, 1949, ch. 288, 63 Stat. 377. Titles I-IV and VI-VIII thereof are classified to chapters 10 and 16 of Title 40, Public Buildings, Property, and Works, and chapter 4 of Title 41, Public Contracts. Title V thereof was classified to former chapter 11 of Title 44, Public Printing and Documents, but was repealed in the revision of Title 44 by Pub. L. 90-620, § 3, Oct. 22, 1968, 82 Stat. 1309. The subject matter of such former title V is now covered by chapters 21, 25, 27, 29, and 31 of Title 44.

AMENDMENTS

1970 Subsec. (a) (i). Pub. L. 91-308 substituted "not more than $10" for "not more than $7".

Subsec. (c) (1). Pub. L. 91–485, § 1(a) substituted "fiscal years 1968, 1969, and 1970, and not less than $300,000,000 for each fiscal year thereafter through June 30, 1989" for "five fiscal years beginning July 1, 1968, and ending June 30, 1973".

Subsec. (c) (2). Pub. L. 91-485, § 1(b), substituted "$200,000,000 or $300,000,000 for each of such fiscal years, as provided in cl. (1)," for "$200,000,000 for each of such fiscal years.".

1968 Subsec. (a). Pub. L. 90-401, § 1(a), redesignatea former subsec. (b) as subsec. (a). Former subsec. (a), except for the fourth paragraph thereof, established a system of admission and user fees for all Federal recreation areas and was eliminated. The fourth paragraph covering the repeal of provisions prohibiting the collection of recreation fees and user charges was redesignated as section 10 of Pub. L. 88-587 and is set out as section 4601-10c.

Subsec. (b). Pub. L. 90-401, § 1(a), redesignated former subsec. (c) as subsec. (b).

Subsec. (c). Pub. L. 90-401, § 2, added subsec. (c). 1965 Subsec. (a). Pub. L. 89-72 substituted "notwithstanding any other provision of law:" for "notwithstanding any provision of law that such proceeds shall be credited to miscellaneous receipts of the Treasury:" and "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" for "of any provision of law that provides that any fees or charges collected at particular Federal areas

shall be used for or credited to specific purposes or special funds as authorized by that provision of law."

EFFECTIVE Date of 1968 AMENDMENT Section 1(d) of Pub. L. 90-401, as amended by section 1 of Pub. L. 91-308, provided that: "The provisions of subsections (a) and (c) of this section [striking out, except for fourth par., former subsec. (a) of this section which had set out a system of admission and user fees for all Federal recreation areas, transferring former fourth par. to section 4601-10c of this title, redesignating former subsecs. (b) and (c) as subsecs. (a) and (b) respectively and striking out reference to admission fees in section 4601-9(a) of this title] shall be effective December 31. 1971. Until that date revenues derived from the subsection (a) that is repealed by this section shall continue to be covered into the fund."

EFFECTIVE DATE

Section effective Jan. 1, 1965, see note set out under section 4601-4 of this title.

ELIMINATION OF SYSTEM OF ADMISSION AND USER FEES FOR FEDERAL RECREATION AREAS

Section 1(b) of Pub. L. 90-401 provided that: "It is not the intent of the Congress by this repealer [striking out subsec. (a) of this section, eff. Dec. 31, 1971] to indicate that Federal agencies which have under their administrative jurisdiction areas or facilities used or useful for outdoor recreation or which furnish services related to outdoor recreation shall not exercise any authority they may have, including authority under section 501 of the Act of August 31, 1951 (65 Stat. 290; 31 U.S.C. 483a) [section 483a of Title 31], or any authority they may hereafter be given, to make reasonable charges for admission to such areas, for the use of such facilities, or for the furnishing of such services. Except as otherwise provided by law or as may be required by lawful contracts entered into prior to September 3, 1964, providing that revenues collected at particular Federal areas shall be credited to specific purposes, all fees so charged shall be covered into a special account under the Land and Water Conservation Fund and shall be available for appropriation, without prejudice to appropriations from other sources for the same purposes, for any authorized outdoor recreation function of the agency by which the fees were collected." Ex. ORD. No. 11200. ESTABLISHMENT OF RECREATION USER FEES

Ex. Ord. No. 11200, Feb. 26, 1965, 30 F.R. 2645, provided: WHEREAS it is desirable that all American people of present and future generations be assured adequate outdoor recreation resources, and it is desirable for all levels of government and private interests to take prompt and coordinated action to the extent practicable without diminishing or affecting their respective powers and functions to conserve, develop, and utilize such resources for the benefit and enjoyment of the American people; and WHEREAS these resources are to a considerable extent located on lands administered by the Federal Government through 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); and

WHEREAS the Act of May 28, 1963, 77 Stat. 49 [sections 4601 to 4601-3 of the title], vested the Secretary of the Interior with legal authority to promote coordination of Federal plans and activities generally relating to outdoor recreation; and

WHEREAS it is fair and equitable that the users of certain recreation areas and facilities managed by such agencies pay a reasonable fee for the recreation benefits received; and

WHEREAS it is desirable to establish uniformity of practices among such Federal agencies regarding recreation user fees and related matters; and

WHEREAS the Congress, recognizing the need for urgent and effective action in this regard, enacted the Land and Water Conservation Fund Act of 1965. Public Law 88-578; 78 Stat. 897 [sections 4601-4 to 4601-11 of this title] (hereafter in this order referred to as "the Act").