16 U.S.C. § 460k — Public recreation use of fish and wildlife

Page 628 TITLE 16—CONSERVATION § 460g ject to such other conditions, reservations, and restrictions as the Secretary may determine to be necessary for the management and operation of the reservoir, or for the protection of lessees or owners of cottage sites within the area. (Aug. 6, 1956, ch. 987, § 2, 70 Stat. 1065.) § 460g. Transfer to State, etc., for roadway pur- poses The Secretary of the Army may, by quitclaim deed, deed of easement, or otherwise, transfer to the State in which lands sold for cottage site de- velopment and use pursuant to this subchapter are located, or to any political subdivision thereof, or to any organization consisting of not less than 50 per centum of the owners of cottage sites in the area, without monetary consider- ation, any lands being used or to be used for roads primarily to serve the cottage site areas: Provided, however, That the deed or other instru- ment transferring such land shall specifically provide for appropriate use and maintenance of the property by the State, political subdivision, or organization, and any deed conveying title to such lands for roadway purposes shall contain the condition and limitation that in the event the land conveyed shall fail or cease to be used for roadway purposes the same shall imme- diately revert to and vest in the United States. (Aug. 6, 1956, ch. 987, § 3, 70 Stat. 1065.) § 460h. Costs of surveys or relocation of bound- aries The costs of any surveys or the relocation of boundary markers necessary as an incident of a conveyance or other property transfer under this subchapter shall be borne by the grantee. (Aug. 6, 1956, ch. 987, § 4, 70 Stat. 1066.) § 460i. Delegation of powers; regulations The Secretary of the Army may delegate any authority conferred upon him by this subchapter to any officer or employee of the Department of the Army. Any such officer or employee shall exercise the authority so delegated under rules and regulations approved by the Secretary. (Aug. 6, 1956, ch. 987, § 5, 70 Stat. 1066.) § 460j. Disposition of proceeds The proceeds from any sale made under this subchapter shall be covered into the Treasury of the United States as miscellaneous receipts. (Aug. 6, 1956, ch. 987, § 6, 70 Stat. 1066.) SUBCHAPTER LXVIII—NATIONAL CONSERVATION RECREATIONAL AREAS § 460k. Public recreation use of fish and wildlife conservation areas; compatibility with con- servation purposes; appropriate incidental or secondary use; consistency with other Federal operations and primary objectives of particular areas; curtailment; forms of recre- ation not directly related to primary pur- poses of individual areas; repeal or amend- ment of provisions for particular areas In recognition of mounting public demands for recreational opportunities on areas within the National Wildlife Refuge System, national fish hatcheries, and other conservation areas admin- istered by the Secretary of the Interior for fish and wildlife purposes; and in recognition also of the resulting imperative need, if such rec- reational opportunities are provided, to assure that any present or future recreational use will be compatible with, and will not prevent accom- plishment of, the primary purposes for which the said conservation areas were acquired or es- tablished, the Secretary of the Interior is au- thorized, as an appropriate incidental or sec- ondary use, to administer such areas or parts thereof for public recreation when in his judg- ment public recreation can be an appropriate in- cidental or secondary use: Provided, That such public recreation use shall be permitted only to the extent that is practicable and not incon- sistent with other previously authorized Federal operations or with the primary objectives for which each particular area is established: Pro- vided further, That in order to insure accom- plishment of such primary objectives, the Sec- retary, after consideration of all authorized uses, purposes, and other pertinent factors relat- ing to individual areas, shall curtail public recreation use generally or certain types of pub- lic recreation use within individual areas or in portions thereof whenever he considers such ac- tion to be necessary: And provided further, That none of the aforesaid refuges, hatcheries, game ranges, and other conservation areas shall be used during any fiscal year for those forms of recreation that are not directly related to the primary purposes and functions of the individual areas until the Secretary shall have deter- mined— (a) that such recreational use will not inter- fere with the primary purposes for which the areas were established, and (b) that funds are available for the develop- ment, operation, and maintenance of these permitted forms of recreation. This section shall not be construed to repeal or amend pre- vious enactments relating to particular areas. (Pub. L. 87–714, § 1, Sept. 28, 1962, 76 Stat. 653; Pub. L. 89–669, § 9, Oct. 15, 1966, 80 Stat. 930.) Editorial Notes AMENDMENTS 1966—Pub. L. 89–669 substituted ‘‘areas within the Na- tional Wildlife Refuge System’’ for ‘‘national wildlife refuges, game ranges’’ in introductory text. Statutory Notes and Related Subsidiaries SHORT TITLE Pub. L. 87–714, which enacted this subchapter, is pop- ularly known as the ‘‘Refuge Recreation Act’’. § 460k–1. Acquisition of lands for recreational de- velopment; funds The Secretary is authorized to acquire areas of land, or interests therein, which are suitable for— (1) incidental fish and wildlife-oriented rec- reational development, (2) the protection of natural resources, (3) the conservation of endangered species or threatened species listed by the Secretary pur- suant to section 1533 of this title, or