H. R. 9032
A bill to provide uniform policies with respect to recreation and fish and wildlife benefits and costs of Federal multiple-purpose water resource projects, and to provide the Secretary of the Interior with authority for recreation development of projects under his control.
Be it enacted by the Senate and House of Representatives of the United States in Congress assembled, That (a) it is the policy of the Congress and the intent of this Act that (1) full consideration shall be given to outdoor recreation opportunities and fish and wildlife enhance-ment where these can be provided or enhanced in the investigation, planning, construction, operation, and maintenance of Federal navi-· gation, flood control, reclamation, hydroelectric, and multiple-purpose water resource projects; (2) 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 develop-ments; and (3) except in the case of project areas or facilities which heretofore or hereafter are authorized by law for inclusion within national recreation areas or are appropriate for administration by other Federal agencies as part of the national forest system or in connection with other authorized Federal programs, the project construction agency shall encourage non-Federal public bodies to assume responsibility for the administration and additional development of project land and water areas for recreation and fish and wildlife enhancement purposes, including operation, maintenance and replacement of basic recreation facilities provided initially at Federal cost.
(b) The benefits of the recreation and fish and wildlife enhance-ment features of each project or appropriate unit thereof shall be taken into account in determining the economic benefits of the project or unit. Costs shall be allocated to the purposes of recreation, fish and wild-life enhancement, and other purposes in a manner which will insure that all project purposes share equitably in the advantages of multiple-purpose construction: Provided, That the costs allocated to recreation or fish arnd wildlife enhancement shall not exceed the lesser of the benefits from those functions or of the cost of providing recreation or fish and wildlife enhancement benefits of reasonably equivalent use and location by the least costly alternative means.
-2-(c) For each project or appropriate unit thereof, except local flood control, beach erosion control, small boat harbor, or hurricane
protection projects, the Federal costs incurred specifically for land or basic facilities for recreation or fish and wildlife enhancement shall be nonreimbursable; joini: costs allocated to recreation and to fish and wildlife enhancement shall in the aggregate be nonreimbursable up to a dollar limit determined in accordance with the following table:
If the cost of join~-use land and facilities
is--Not over $10, 000, 000 .
Over $10, 000, 000 but not over $40,000,000.
Over $40, 000, 000 but not over $100,000,000.
Over $100,000,000 but not over $200,000,000.
Over $200, 000, 000
The dollar limit is---25 percent of the cost
of joint-use land and facilities; $2, 500, 000, p}us 15
percent of the amount over $10,000,000; $7,000,000, plus 10
percent of the amount over $4 0, 000, 000; $13,000,000, plus 4
percent of the amount over $100, 000, 000; $17,000,000, plus 2
percent of the amount over $200, 000, 000; other Federal costs allocai.ed to recreation and to fish and wildlife enhance-ment shall in the aggregate be nonreimbursable up to a limit of 25 per
centium of the cost of joint-use land and facilities or $5 million, which-ever is the lesser. Provision shall be made for the reimbursement, or for the contribution by non-Federal interes Ls, of costs in excess of the limits specified above under one or a combination of the following methods, as may be determine appropriate by the head of the agency having juris-diction over the project; (1) provision by non-Federal interests of land
or interests therein or facilities required for the Federal project; (2) payment or repayment, with interest at a rate comparable to that for other project functions, pursuant to agreement with one or more non-Federal public bodies; (3) repayment, with interest from the date of first delivery of water or power from the project for beneficial use at a rate comparable to that for other project functions, by use of project revenues that will be available during payout o[ cost allocations to wa·i:er and power functions:
.,
-
3-Provided, That if the head of the agency having jurisdiction over the
project finds there are unusual circumstances when deferral of
repay-ment would be in the public interest, he may recommend that
repay-ment by use of project revenues be deferred until after the payment of costs allocated to water and power functions are completed, and such
recommendation shall become effective only when specifically authorized
by law. The term "nonreimbursable" as used in this Act shall not be construed to prohf:-,it the imposition of entrance, admission, and other
recreation user fees or charges. For purposes of this subsection II
joint-use land and facilities" shall mean land or facilities serving two or
more project purposes one of which is recreation or fish and wildlife
enhancement.
(d) The views of the Secretary of the Interior developed in accora ·-ance with section 3 of the Act of May 28, 1963 (Public Law 88-29; 77 Stat.
49), with respect to the outdoor recreation aspects shall be set forth in
any report on any project or appropriate unit thereof within the purview
of this act.
(e) Nothing in this Act shall be construed as amending the first proviso of section l(d) of the Act of August 12, 1958 (72 Stat. 563; 16 U.S.C. 662(d)), and the second proviso of section 2(d) of that Act is hereby repealed.
(f) Expenditures for lands or interests in lands hereafter acquired by project construction agencies for the es·i:ablishment of migratory
water-fowl 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 bµ'c for the establishment of a migratory waterfowl refuge
at the project, shall not exceed $28 million: Provided, That the
afore-mentioned expenditure limitation in this subsection shall not apply to
the costs of mitigating damages to migratory waterfowl caused by such
water resource projects.
(g) The provisos with respect to wildlife refuges applicable to the authorizations for the .i.' .. ini~., River, Wallis ville Reservoir, Texas, contained in section 101 of the River and Harbor Act of 1962 (76 Stat.
1175), and for the Kaysinger Bluff Reservoir, Osage River, Missouri,
and the Kaw Reservoir, Arkansas River, Oklahoma, contained in section
203 of the Flood Control Act of 1962 (76 Stat. 1186 and 118 7), are hereby
amended by adding before the punctuation marks at the end thereof the
following, "until such Ume as the Secretary of the Interior has approved the establishment of such a refuge."
_,.
4
-(h) This Act shall not apply to the Tennessee Valley Authority
nor to projects constructed under authority of the Smali Reclamation
Projects Act (43 U.S. C. 422a).
Sec. 2. Subject to the prov1s10ns of section 1 of this Act, the
Secretary of the Interior is authorized as a part of any water resource
development project under his control, excepi: projects or areas within
national wildlife refuges, to construct, operate, and maintain or
other-wise provide for basic public outdoor recreation facilities, to acquire or
to otherwise include within the project area such adjacent lands or
interests therein as are necessary for present or future public recreation
use, to allocate water and reservoir capacity to recreation, and to provide
for the public use and enjoyment of project lands, facilities and water
areas in a manner coordinated with the other project purposes: Provided,
That this Act shall not provide the Secretary of the Interior with the basis
for allocation to recreation of water or reservoir capacity or joint project
costs at any existing or heretofore authorized project. The Secretary of
the Interior is authorized ·to enter into agreements with Federal agencies
or State or local public bodies for the operation, maintenance, and
addi-tional development of project lands or facilities, or to dispose of project
lands or facilities to Federal agencies or State or local public bodies by
lease, transfer, conveyance or exchange, upon such terms and conditions
as will best promote the development and operation of such lands or
facilities in the public interest for recreation purposes. No lands under
the jurisdiction of any oi.her Federal agency may be included for or
devoted to recreation purposes under the authority of this Act without the
consent of the head of such agency; and the head of any such agency is
authorized to transfer any such lands to the jurisdiction of the Secretary
of the Interior for purposes of this section. The Secretary of the Interior
is authorized to transfer jurisdiction over project lands within or adjacent
to the exterior boundaries of national forests and facilities thereon i:o the
Secretary of Agriculture for recreation and other national forest system
purposes; and such transfer shall be made in each case in which the project
reservoir area is located wholly within the exterior boundaries of a national
forest unless the Secretaries of Agriculture and Interior jointly determine
otherwise. Where any project lands are transferred hereunder to the
juris-diction of the Secretary of Agriculture, the lands involved shall become
national forest lands: Provided, That the lands and waters within the
flow lines of any reservoir or otherwise needed or used for the operation
of the project for other purposes shall continue to be administered by the
Secretary of the Interior i:o the extent he determines to be necessary for
such operation. Nothing herein shall limit the authority of the Secretary
of the Interior granted by existing provisions of law relating to recreation
development of water resource projects or to disposition of public lands
for recreational purposes.
Sec. 3. This Act may be cited as the "Federal 'Nater Project
Recreation Act."
