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16 U.S.C. § 460d — Construction and operation of public parks and recreational facilities in water resource development projects; lease of lands; preference for use; penalty; application of [section 3401 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section3401&num=0&edition=prelim); citations and arrests with and without process; limitations; disposition of receipts
Federal law — U.S. Code and appendices · legal_authorities
The Chief of Engineers, under the supervision of the Secretary of the Army, is authorized to construct, maintain, and operate public park and recreational facilities at water resource development projects under the control of the Department of the Army, to permit the construction of such facilities by local interests (particularly those to be operated and maintained by such interests), and to permit the maintenance and operation of such facilities by local interests. The Secretary of the Army is also authorized to grant leases of lands, including structures or facilities thereon, at water resource development projects for such periods, and upon such terms and for such purposes as he may deem reasonable in the public interest: Provided, That leases to nonprofit organizations for park or recreational purposes may be granted at reduced or nominal considerations in recognition of the public service to be rendered in utilizing the leased premises: Provided further, That preference shall be given to federally recognized Indian tribes and Federal, State, or local governmental agencies, and licenses or leases where appropriate, may be granted without monetary considerations, to such Indian tribes or agencies for the use of all or any portion of a project area for any public purpose, when the Secretary of the Army determines such action to be in the public interest, and for such periods of time and upon such conditions as he may find advisable: And provided further, That in any such lease or license to a federally recognized Indian tribe 11 So in original. Federal, State, or local governmental agency which involves lands to be utilized for the development and conservation of fish and wildlife, forests, and other natural resources, the licensee or lessee may be authorized to cut
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Source file: Laws/federal/codes/united-states-code/title-16/section-460d-construction-and-operation-of-public-parks-and-recreational-facilities-i--1ac11a8448.md
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Source location: Title 16, Chapter 1, § 460d; chapter-001-national-parks-military-parks-monuments-and-seashores.md
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The Chief of Engineers, under the supervision of the Secretary of the Army, is authorized to construct, maintain, and operate public park and recreational facilities at water resource development projects under the control of the Department of the Army, to permit the construction of such facilities by local interests (particularly those to be operated and maintained by such interests), and to permit the maintenance and operation of such facilities by local interests. The Secretary of the Army is also authorized to grant leases of lands, including structures or facilities thereon, at water resource development projects for such periods, and upon such terms and for such purposes as he may deem reasonable in the public interest: Provided, That leases to nonprofit organizations for park or recreational purposes may be granted at reduced or nominal considerations in recognition of the public service to be rendered in utilizing the leased premises: Provided further, That preference shall be given to federally recognized Indian tribes and Federal, State, or local governmental agencies, and licenses or leases where appropriate, may be granted without monetary considerations, to such Indian tribes or agencies for the use of all or any portion of a project area for any public purpose, when the Secretary of the Army determines such action to be in the public interest, and for such periods of time and upon such conditions as he may find advisable: And provided further, That in any such lease or license to a federally recognized Indian tribe 11 So in original. Federal, State, or local governmental agency which involves lands to be utilized for the development and conservation of fish and wildlife, forests, and other natural resources, the licensee or lessee may be authorized to cut timber and harvest crops as may be necessary to further such beneficial uses and to collect and utilize the proceeds of any sales of timber and crops in the development, conservation, maintenance, and utilization of such lands. Any balance of proceeds not so utilized shall be paid to the United States at such time or times as the Secretary of the Army may determine appropriate. The water areas of all such projects shall be open to public use generally for boating, swimming, bathing, fishing, and other recreational purposes, and ready access to and exit from such areas along the shores of such projects shall be maintained for general public use, when such use is determined by the Secretary of the Army not to be contrary to the public interest, all under such rules and regulations as the Secretary of the Army may deem necessary, including but not limited to prohibitions of dumping and unauthorized disposal in any manner of refuse, garbage, rubbish, trash, debris, or litter of any kind at such water resource development projects, either into the waters of such projects or onto any land federally owned and administered by the Chief of Engineers. Any violation of such rules and regulations shall be punished by a fine of not more than $500 or imprisonment for not more than six months, or both. Any persons charged with the violation of such rules and regulations may be tried and sentenced in accordance with the provisions of [section 3401 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section3401&num=0&edition=prelim). All persons designated by the Chief of Engineers for that purpose shall have the authority to issue a citation for violation of the regulations adopted by the Secretary of the Army, requiring the appearance of any person charged with violation to appear before the United States magistrate judge, within whose jurisdiction the water resource development project is located, for trial; and upon sworn information of any competent person any United States magistrate judge in the proper jurisdiction shall issue process for the arrest of any person charged with the violation of said regulations; but nothing herein contained shall be construed as preventing the arrest by any officer of the United States, without process, of any person taken in the act of violating said regulations. No use of any area to which this section applies shall be permitted which is inconsistent with the laws for the protection of fish and game of the State in which such area is situated. All moneys received by the United States for leases or privileges shall be deposited in the Treasury of the United States as miscellaneous receipts.
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Federal law — U.S. Code and appendices · legal_authorities
Nothing in this subchapter or subchapter II shall be deemed to amend, modify, or repeal the Acts of July 26, 1866 (14 Stat. 251), July 9, 1870 (16 Stat. 217), March 3, 1877 (19 Stat. 377), June 17, 1902 (32 Stat. 388), and December 22, 1944 (58 Stat. 887), and Acts amendatory thereof or supplementary thereto.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Interstate System Projects.—**
(1) **In general.—** — Except as otherwise provided in this chapter, the Federal share payable on account of any project on the Interstate System (including a project to add high occupancy vehicle lanes and a project to add auxiliary lanes but excluding a project to add any other lanes) shall be 90 percent of the total cost thereof, plus a percentage of the remaining 10 percent of such cost in any State containing unappropriated and unreserved public lands and nontaxable Indian lands, individual and tribal, exceeding 5 percent of the total area of all lands therein, equal to the percentage that the area of such lands in such State is of its total area; except that such Federal share payable on any project in any State shall not exceed 95 percent of the total cost of such project.
(2) **State-determined lower federal share.—** — In the case of any project subject to paragraph (1), a State may determine a lower Federal share than the Federal share determined under such paragraph.
**(b) Other Projects.—** Except as otherwise provided in this title, the Federal share payable on account of any project or activity carried out under this title (other than a project subject to subsection (a)) shall be—
(1) 80 percent of the cost thereof, except that in the case of any State containing nontaxable Indian lands, individual and tribal, and public domain lands (both reserved and unreserved) exclusive of national forests and national parks and monuments, exceeding 5 percent of the total area of all lands therein, the Federal share, for purposes of this chapter, shall be increased by a percentage of the remaining cost equal to the percentage that the area of all such lands in such State, is of its total area; or
(2) 80 percent of the cost ther
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The judges of each United States district court and the district courts of the Virgin Islands, Guam, and the Northern Mariana Islands shall appoint United States magistrate judges in such numbers and to serve at such locations within the judicial districts as the Judicial Conference may determine under this chapter. In the case of a magistrate judge appointed by the district court of the Virgin Islands, Guam, or the Northern Mariana Islands, this chapter shall apply as though the court appointing such a magistrate judge were a United States district court. Where there is more than one judge of a district court, the appointment, whether an original appointment or a reappointment, shall be by the concurrence of a majority of all the judges of such district court, and when there is no such concurrence, then by the chief judge. Where the conference deems it desirable, a magistrate judge may be designated to serve in one or more districts adjoining the district for which he is appointed. Such a designation shall be made by the concurrence of a majority of the judges of each of the district courts involved and shall specify the duties to be performed by the magistrate judge in the adjoining district or districts.
**(b)** No individual may be appointed or reappointed to serve as a magistrate judge under this chapter unless:
(1) He has been for at least five years a member in good standing of the bar of the highest court of a State, the District of Columbia, the Commonwealth of Puerto Rico, the Territory of Guam, the Commonwealth of the Northern Mariana Islands, or the Virgin Islands of the United States, except that an individual who does not meet the bar membership requirements of this paragraph may be appointed and serve as a part-time magistrate judge if the appo
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 631
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, acts Mar. 7, 1928, ch. 137, § 1, 45 Stat. 238; Mar. 4, 1929, ch. 705, § 1, 45 Stat. 1602, prohibited expenditure of appropriations for National Park Service where campground privileges are charged for by the Park Service.
#### Effective Date of Repeal
Repeal effective Jan. 1, 1965, see section 1(a) of Pub. L. 88–578, set out in part as an Effective Date of 1964 Amendment note under [section 460d of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section460d&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 14
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** When specially designated to exercise such jurisdiction by the district court or courts he serves, any United States magistrate judge shall have jurisdiction to try persons accused of, and sentence persons convicted of, misdemeanors committed within that judicial district.
**(b)** Any person charged with a misdemeanor, other than a petty offense may elect, however, to be tried before a district judge for the district in which the offense was committed. The magistrate judge shall carefully explain to the defendant that he has a right to trial, judgment, and sentencing by a district judge and that he may have a right to trial by jury before a district judge or magistrate judge. The magistrate judge may not proceed to try the case unless the defendant, after such explanation, expressly consents to be tried before the magistrate judge and expressly and specifically waives trial, judgment, and sentencing by a district judge. Any such consent and waiver shall be made in writing or orally on the record.
**(c)** A magistrate judge who exercises trial jurisdiction under this section, and before whom a person is convicted or pleads either guilty or nolo contendere, may, with the approval of a judge of the district court, direct the probation service of the court to conduct a presentence investigation on that person and render a report to the magistrate judge prior to the imposition of sentence.
**(d)** The probation laws shall be applicable to persons tried by a magistrate judge under this section, and such officer shall have power to grant probation and to revoke, modify, or reinstate the probation of any person granted probation by a magistrate judge.
**(e)** Proceedings before United States magistrate judges under this section shall be taken down by a court reporte
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Lease Authority.—** Whenever the Secretary concerned considers it advantageous to the United States, the Secretary concerned may lease to such lessee and upon such terms as the Secretary concerned considers will promote the national defense or to be in the public interest, real or personal property that—
(1) is under the control of the Secretary concerned;
(2) is not for the time needed for public use; and
(3) is not excess property, as defined by [section 102 of title 40](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section102&num=0&edition=prelim).
**(b) Conditions on Leases.—** A lease under subsection (a)—
(1) may not be for more than five years, unless the Secretary concerned determines that a lease for a longer period will promote the national defense or be in the public interest;
(2) may give the lessee the first right to buy the property if the lease is revoked to allow the United States to sell the property under any other provision of law;
(3) shall permit the Secretary to revoke the lease at any time, unless he determines that the omission of such a provision will promote the national defense or be in the public interest;
(4) shall provide for the payment (in cash or in kind) by the lessee of consideration in an amount that is not less than the fair market value of the lease interest, as determined by the Secretary;
(5) may provide, notwithstanding [section 1302 of title 40](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section1302&num=0&edition=prelim) or any other provision of law, for the alteration, repair, or improvement, by the lessee, of the property leased as the payment of part or all of the consideration for the lease;
(6) except as otherwise provided in subsection (d), shall require the
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2667
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Federal law — U.S. Code and appendices · legal_authorities
For purposes of this Act, the term “Secretary” means the Secretary of the Army.
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Federal law — U.S. Code and appendices · legal_authorities
The Secretary shall not require, under [section 460d of title 16](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section460d&num=0&edition=prelim), and the Federal Water Project Recreation Act [[16 U.S.C. 460](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section460&num=0&edition=prelim)l–12 et seq.], non-Federal interests to assume operation and maintenance of any recreational facility operated by the Secretary at any water resources project as a condition to the construction of new recreational facilities at such project or any other water resources project.
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Federal law — U.S. Code and appendices · legal_authorities
Page 624
TITLE 16—CONSERVATION
§ 460a–11
1 So in original.
§ 460a–11. Authorization of appropriations
There is hereby authorized to be appropriated,
for construction of the Blue Ridge Parkway ex-
tension, not more than $87,536,000, plus or minus
such amounts, if any, as may be justified by rea-
son of fluctuations in construction costs as indi-
cated by engineering cost indices applicable to
the type of construction involved herein.
(Pub. L. 90–555, § 6, Oct. 9, 1968, 82 Stat. 968.)
§§ 460b, 460c. Repealed. Pub. L. 85–767, § 2 [19, 21,
23, 33], Aug. 27, 1958, 72 Stat. 919
Section 460b, acts June 16, 1936, ch. 582, § 5, 49 Stat.
1520; June 8, 1938, ch. 328, § 8, 52 Stat. 635; Sept. 5, 1940,
ch. 715, § 9, 54 Stat. 870, related to determination of lo-
cation of parkways upon public lands, national forests,
or other Federal reservations.
Section 460c, act Sept. 7, 1950, ch. 912, § 4(b), 64 Stat.
787, related to administration of parkway appropria-
tions.
SUBCHAPTER
LXVI—PUBLIC
PARK
AND
RECREATIONAL FACILITIES AT WATER
RESOURCE DEVELOPMENT PROJECTS
§ 460d. Construction and operation of public
parks and recreational facilities in water re-
source development projects; lease of lands;
preference for use; penalty; application of
section 3401 of title 18; citations and arrests
with and without process; limitations; dis-
position of receipts
The Chief of Engineers, under the supervision
of the Secretary of the Army, is authorized to
construct, maintain, and operate public park
and recreational facilities at water resource de-
velopment projects under the control of the De-
partment of the Army, to permit the construc-
tion of such facilities by local interests (particu-
larly those to be operated and maintained by
such interests), and to permit the mai
Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 460d
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