54 U.S.C. § 200303 — Availability of funds

Page 85 TITLE 54—NATIONAL PARK SERVICE AND RELATED PROGRAMS § 200303 (1) The area is administered by any of the eight agen- cies specified in Section 1(a) of this Order; (2) The area is administered primarily for scenic, sci- entific, historical, cultural, or recreational purposes; (3) The area has recreation facilities or services pro- vided at Federal expense; and (4) The nature of the area is such that fee collection is administratively and economically practical. (b) Areas designated as those at which recreation user fees shall be charged shall hereafter in this Order be referred to as ‘‘designated areas.’’ SEC. 4. Posting of designated areas. The heads of ad- ministering agencies and departments shall provide for the posting of signs at all designated areas such as will clearly notify the visiting public that recreation user fees are charged therein. All areas designated pursuant to Sections 1 and 2 of this Order shall be so posted prior to the beginning of the recreation season or as soon as practicable following designation. No recreation user fee established pursuant to this Order shall be effective with respect to any designated area until that des- ignated area has been posted. SEC. 5. Establishment of fees. (a) Each official described in Section 1(b) of this Order shall, subject to the cri- teria prescribed by the Secretary of the Interior, estab- lish a recreation user fee for each designated area ad- ministered under his jurisdiction by selecting from a schedule of fees, prescribed by the Secretary of the In- terior pursuant to Section 6 of this Order, the fee which is appropriate for each such designated area under cri- teria prescribed by the Secretary pursuant to that sec- tion. Each such official shall also specify which des- ignated areas shall be excluded from the coverage of the annual fee described in Section 2(a)(1) of the Act [former 16 U.S.C. 460l–5(a)(i)] and which, as a result of that exclusion will be subject to the fee described in Section 2(a)(iii) of the Act [former 16 U.S.C. 460l–5(a)(iii)]. The range of recreation user fees to be charged and the criteria for their selection shall be es- tablished under the procedures prescribed by Section 6 of this Order. (b) The Secretary of the Interior shall prescribe the procedures for the production, distribution, and sale of the Land and Water Conservation Fund Sticker, which shall be issued to those individuals who elect to pay the annual fees. The Secretary of the Interior shall also prescribe the manner in which the Sticker shall be dis- played. The conditions under which it may be used shall be determinated under the procedures prescribed by Section 6 of this Order. SEC. 6. Coordination. (a) The Secretary of the Interior shall after consultation with the heads of other af- fected departments and agencies, adopt such coordina- tion measures as are necessary to carry out the pur- poses of Sections 2(a) and 4(a) of the Act [former 16 U.S.C. 460l–5(a), 460l–7(a)] and the provisions of this order. (b)(1) In order that the purposes of the Act and of this Order may be effectuated without delay, the Secretary of the Interior shall, subject to the limitations imposed by the Act and without regard to the other provisions of this section, forthwith issue a schedule of recreation user fees and criteria to be used in determining which such fees shall be charged with respect to each of the designated areas. (2) Subject to the limitations imposed by the Act and subject to the provisions of subsections (a), (c), and (d) of this section, the Secretary of the Interior may, from time to time, amend or replace the schedule of fees and the criteria prescribed by him pursuant to subsection (b)(1) of this section. (c) Subject to the limits set forth in the Act, the measures which the Secretary of the Interior may adopt pursuant to subsection (a) of this section may in- clude, but are not limited to, the following— (1) Initial preparation and coordination of the com- prehensive statement of estimated requirements during the ensuing fiscal year for appropriations from the Land and Water Conservation Fund, as required by Sec- tion 4(a) of the act [former 16 U.S.C. 460l–7(a)]. (2) Development of such additional procedures and in- terpretive materials as are necessary to facilitate the implementation of this Order and related provisions of the Act. (3) Review and revision, if needed, of the criteria for designation set forth in Section 3 of this Order. (d) Except with respect to the schedule of fees and the criteria prescribed by the Secretary pursuant to sub- section (b)(1) of this section, measures and regulations adopted by the Secretary pursuant to this Order shall not become effective until 30 days after they are pre- sented for the consideration of the other officials de- scribed in Section 1(b). Any such official who does not concur in any such measure or regulation may, within that 30-day period, refer the matter to the Recreation Advisory Council established under Executive Order No. 11017 [superseded by Ex. Ord. No. 11278, which in turn was revoked by Ex. Ord. No. 11472, which is set out as a note under section 4321 of Title 42, The Public Health and Welfare] for resolution. If a proposed meas- ure is referred to the Council for resolution, it shall not become effective until approved by the Council. With the approval of all other officials described in Section 1(b) of this Order, the provisions of this subsection may be waived with respect to any specific measure or regu- lation adopted by the Secretary of the Interior pursu- ant to this order so that any such measure or regula- tion may be made effective before the expiration of the 30-day waiting period prescribed by the first sentence of this subsection. SEC. 7. Review of contracts. The officials described in Section 1(b) of this Order shall, within a reasonable time, review all existing contracts and other arrange- ments between their respective agencies and any non- Federal public entity which relate to non-Federal man- agement of Federally-owned outdoor recreation areas. Special attention shall be given to any provision in any such contract or other arrangement which prohibits or discourages in any way such non-Federal public entity from charging recreation user fees. Unless otherwise prohibited by law, each such restrictive provision shall be the subject of renegotiation designed to accomplish a modification thereof that will permit the charging of recreation user fees. SEC. 8. Regulations. The Secretary of the Interior is authorized to issue such regulations as may be nec- essary to carry out his functions under this Order. LYNDON B. JOHNSON. § 200303. Availability of funds (a) IN GENERAL.—Any amounts deposited in the Fund under section 200302 for fiscal year 2020 and each fiscal year thereafter shall be made available for expenditure for fiscal year 2021 and each fiscal year thereafter, without further ap- propriation or fiscal year limitation, to carry out the purposes of the Fund (including ac- counts and programs made available from the Fund pursuant to the Further Consolidated Ap- propriations Act, 2020 (Public Law 116–94; 133 Stat. 2534)). (b) ADDITIONAL AMOUNTS.—Amounts made available under subsection (a) shall be in addi- tion to amounts made available to the Fund under section 105 of the Gulf of Mexico Energy Security Act of 2006 (43 U.S.C. 1331 note; Public Law 109–432) or otherwise appropriated from the Fund. (c) ALLOCATION AUTHORITY.— (1) SUBMISSION OF COST ESTIMATES.—The President shall submit to Congress detailed account, program, and project allocations of the full amount made available under sub- section (a)— (A) for fiscal year 2021, not later than 90 days after the date of enactment of the Great American Outdoors Act; and Page 86 TITLE 54—NATIONAL PARK SERVICE AND RELATED PROGRAMS § 200303 (B) for each fiscal year thereafter, as part of the annual budget submission of the President. (2) ALTERNATE ALLOCATION.— (A) IN GENERAL.—Appropriations Acts may provide for alternate allocation of amounts made available under subsection (a), includ- ing allocations by account, program, and project. (B) ALLOCATION BY PRESIDENT.— (i) NO ALTERNATE ALLOCATIONS.—If Con- gress has not enacted legislation estab- lishing alternate allocations by the date on which the Act making full-year appro- priations for the Department of the Inte- rior, Environment, and Related Agencies for the applicable fiscal year is enacted into law, amounts made available under subsection (a) shall be allocated by the President. (ii) INSUFFICIENT ALTERNATE ALLOCA- TION.—If Congress enacts legislation estab- lishing alternate allocations for amounts made available under subsection (a) that are less than the full amount appropriated under that subsection, the difference be- tween the amount appropriated and the al- ternate allocation shall be allocated by the President. (3) RECREATIONAL PUBLIC ACCESS.—Amounts expended from the Fund under this section shall be consistent with the requirements for recreational public access for hunting, fishing, recreational shooting, or other outdoor rec- reational purposes under section 200306(c). (4) ANNUAL REPORT.—The President shall submit to Congress an annual report that de- scribes the final allocation by account, pro- gram, and project of amounts made available under subsection (a), including a description of the status of obligations and expenditures. (Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3172; Pub. L. 116–152, § 3(a), Aug. 4, 2020, 134 Stat. 686.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 200303 ......... 16 U.S.C. 460l–6. Pub. L. 88–578, title I, § 3, Sept. 3, 1964, 78 Stat. 899; Pub. L. 100–203, title V, § 5201(f)(2), Dec. 22, 1987, 101 Stat. 1330–267. The words ‘‘or from the special account established under section 460l–6a(i)(1) of this title’’ are omitted as obsolete. Editorial Notes REFERENCES IN TEXT The Further Consolidated Appropriations Act, 2020, referred to in subsec. (a), is Pub. L. 116–94, Dec. 20, 2019, 133 Stat. 2534. For complete classification of this Act to the Code, see Tables. Section 105 of the Gulf of Mexico Energy Security Act of 2006, referred to in subsec. (b), is section 105 of title I of div. C of Pub. L. 109–432, which is set out in a note under section 1331 of Title 43, Public Lands. The date of enactment of the Great American Out- doors Act, referred to in subsec. (c)(1)(A), is the date of enactment of Pub. L. 116–152, which was approved Aug. 4, 2020. AMENDMENTS 2020—Pub. L. 116–152 amended section generally. Prior to amendment, text read as follows: ‘‘Amounts depos- ited in the Fund shall be available for expenditure for the purposes of this chapter only when appropriated for those purposes. The appropriations may be made with- out fiscal-year limitation. Amounts made available for obligation or expenditure from the Fund may be obli- gated or expended only as provided in this chapter.’’ Statutory Notes and Related Subsidiaries ALLOCATION OF FUNDS Pub. L. 118–42, div. E, title IV, § 430(a)–(c), Mar. 9, 2024, 138 Stat. 291, 292, provided that: ‘‘(a)(1) Within 45 days of enactment of this Act [Mar. 9, 2024], the Secretary of the Interior shall allocate amounts made available from the National Parks and Public Land Legacy Restoration Fund for fiscal year 2024 pursuant to subsection (c) of section 200402 of title 54, United States Code, and as provided in subsection (e) of such section of such title, to the agencies of the Department of the Interior and the Department of Ag- riculture specified, in the amounts specified, for the stations and unit names specified, and for the projects and activities specified in the table titled ‘Allocation of Funds: National Parks and Public Land Legacy Res- toration Fund Fiscal Year 2024’ in the explanatory statement described in section 4 (in the matter pre- ceding division A of this consolidated Act) [138 Stat. 26]. ‘‘(2) Within 45 days of enactment of this Act, the Sec- retary of the Interior and the Secretary of Agriculture, as appropriate, shall allocate amounts made available for expenditure from the Land and Water Conservation Fund for fiscal year 2024 pursuant to subsection (a) of section 200303 of title 54, United States Code, to the agencies and accounts specified, in the amounts speci- fied, and for the projects and activities specified in the table titled ‘Allocation of Funds: Land and Water Con- servation Fund Fiscal Year 2024’ in the explanatory statement described in section 4 (in the matter pre- ceding division A of this consolidated Act). ‘‘(b) Except as otherwise provided by subsection (c) of this section, neither the President nor his designee may allocate any amounts that are made available for any fiscal year under subsection (c) of section 200402 of title 54, United States Code, or subsection (a) of section 200303 of title 54, United States Code, other than in amounts and for projects and activities that are allo- cated by subsections (a)(1) and (a)(2) of this section: Provided, That in any fiscal year, the matter preceding this proviso shall not apply to the allocation of amounts for continuing administration of programs al- located funds from the National Parks and Public Land Legacy Restoration Fund or the Land and Water Con- servation Fund, which may be allocated only in amounts that are no more than the allocation for such purposes in subsections (a)(1) and (a)(2) of this section. ‘‘(c) The Secretary of the Interior and the Secretary of Agriculture may reallocate amounts from each agen- cy’s ‘Contingency Fund’ line in the table titled ‘Alloca- tion of Funds: National Parks and Public Land Legacy Restoration Fund Fiscal Year 2024’ to any project fund- ed by the National Parks and Public Land Legacy Res- toration Fund within the same agency, from any fiscal year, that experienced a funding deficiency due to un- foreseen cost overruns, in accordance with the fol- lowing requirements: ‘‘(1) ‘Contingency Fund’ amounts may only be re- allocated if there is a risk to project completion re- sulting from unforeseen cost overruns; ‘‘(2) ‘Contingency Fund’ amounts may only be re- allocated for cost of adjustments and changes within the original scope of effort for projects funded by the National Parks and Public Land Legacy Restoration Fund; and ‘‘(3) The Secretary of the Interior or the Secretary of Agriculture must provide written notification to Page 87 TITLE 54—NATIONAL PARK SERVICE AND RELATED PROGRAMS § 200305 the Committees on Appropriations 30 days before tak- ing any actions authorized by this subsection if the amount reallocated from the ‘Contingency Fund’ line for a project is projected to be 10 percent or greater than the following, as applicable: ‘‘(A) The amount allocated to that project in the table titled ‘Allocation of Funds: National Parks and Public Land Legacy Restoration Fund Fiscal Year 2024’ in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act) [138 Stat. 26]; or ‘‘(B) The initial estimate in the most recent re- port submitted, prior to enactment of this Act, to the Committees on Appropriations pursuant to sec- tion 431(e) of division G of the Consolidated Appro- priations Act, 2023 (Public Law 117–328) [136 Stat. 4830].’’ Similar provisions were contained in the following appropriation acts: Pub. L. 117–328, div. G, title IV, § 431(a)–(c), Dec. 29, 2022, 136 Stat. 4827, 4828. Pub. L. 117–103, div. G, title IV, § 431(a)–(c), Mar. 15, 2022, 136 Stat. 416, 417. Pub. L. 116–260, div. G, title IV, § 434(a)–(c), Dec. 27, 2020, 134 Stat. 1543, 1544. Executive Documents DELEGATION OF AUTHORITY FOR FISCAL YEAR 2021 COST ESTIMATES AND ANNUAL REPORTS TO THE CONGRESS FOR THE LAND AND WATER CONSERVATION FUND Memorandum of President of the United States, Nov. 9, 2020, 85 F.R. 72889, provided: Memorandum for the Secretary of the Interior [and] the Secretary of Agriculture By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 301 of title 3, United States Code, it is hereby ordered as follows: SECTION 1. The Secretary of the Interior and the Sec- retary of Agriculture are hereby authorized to submit, for their respective agencies: (a) the cost estimates to the Congress required by 54 U.S.C. 200303(c)(1)(A), as amended by section 3(a) of the Great American Outdoors Act (Public Law 116–152) (the ‘‘Act’’); and (b) annually, the report to the Congress required by 54 U.S.C. 200303(c)(4), as amended by section 3(a) of the Act. SEC. 2. (a) Nothing in this memorandum shall be con- strued to impair or otherwise affect: (i) the authority granted by law to an executive de- partment or agency, or the head thereof; or (ii) the functions of the Director of the Office of Man- agement and Budget relating to budgetary, administra- tive, or legislative proposals. (b) This memorandum shall be implemented con- sistent with applicable law and subject to the avail- ability of appropriations. (c) This memorandum is not intended to, and does not, create any right or benefit, substantive or proce- dural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. (d) The Secretary of the Interior is authorized and di- rected to publish this memorandum in the Federal Reg- ister. DONALD J. TRUMP. § 200304. Statement of estimated requirements (a) IN GENERAL.—There shall be submitted with the annual budget of the United States a comprehensive statement of estimated require- ments during the ensuing fiscal year for appro- priations from the Fund. (b) ALLOCATION OF FUNDS.—Of the total amount made available to the Fund through ap- propriations or deposited in the Fund under sec- tion 105(a)(2)(B) of the Gulf of Mexico Energy Se- curity Act of 2006 (43 U.S.C. 1331 note; Public Law 109–432)— (1) not less than 40 percent shall be used for Federal purposes; and (2) not less than 40 percent shall be used to provide financial assistance to States. (Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3172; Pub. L. 116–9, title III, § 3001(b), Mar. 12, 2019, 133 Stat. 755.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 200304 ......... 16 U.S.C. 460l–7. Pub. L. 88–578, title I, § 5, formerly § 4, Sept. 3, 1964, 78 Stat. 900; Pub. L. 90–401, § 3, July 15, 1968, 82 Stat. 355; renumbered § 5, Pub. L. 92–347, § 2, July 11, 1972, 86 Stat. 459; Pub. L. 94–273, § 3(4), Apr. 21, 1976, 90 Stat. 376; Pub. L. 94–422, title I, § 101(2), Sept. 28, 1976, 90 Stat. 1314; Pub. L. 95–42, § 1(2), June 10, 1977, 91 Stat. 210. The references to fiscal years 1978 and 1979 and the special account are omitted as obsolete. Editorial Notes REFERENCES IN TEXT Section 105(a)(2)(B) of the Gulf of Mexico Energy Se- curity Act of 2006, referred to in subsec. (b), is section 105(a)(2)(B) of title I of div. C of Pub. L. 109–432, which is set out in a note under section 1331 of Title 43, Public Lands. AMENDMENTS 2019—Pub. L. 116–9 designated existing provisions as subsec. (a) and inserted heading, struck out ‘‘Not less than 40 percent of such appropriations shall be avail- able for Federal purposes.’’ after ‘‘Fund.’’, and added subsec. (b). § 200305. Financial assistance to States (a) AUTHORITY OF SECRETARY TO MAKE PAY- MENTS.—The Secretary may provide financial assistance to the States from amounts available for State purposes. Payments may be made to the States by the Secretary as provided in this section, subject to such terms and conditions as the Secretary considers appropriate and in the public interest to carry out the purposes of this chapter, for outdoor recreation: (1) Planning. (2) Acquisition of land, water, or interests in land or water. (3) Development. (b) APPORTIONMENT AMONG STATES.—Amounts appropriated and available for State purposes for each fiscal year shall be apportioned among the States by the Secretary, whose determina- tion shall be final, in accordance with the fol- lowing formula: (1) Forty percent of the 1st $225,000,000; 30 percent of the next $275,000,000; and 20 percent of all additional appropriations shall be appor- tioned equally among the States. (2) At any time, the remaining appropriation shall be apportioned on the basis of need to in- dividual States by the Secretary in such