§ 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; citations and arrests with and without process; limitations; disposition of receipts.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC460d]
TITLE 16--CONSERVATION
CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXVI--PUBLIC PARK AND RECREATIONAL FACILITIES AT WATER
RESOURCE DEVELOPMENT PROJECTS
Sec. 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; citations and arrests with and without
process; limitations; disposition 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 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 Federal, State, or local governmental
agencies, and licenses or leases where appropriate, may be granted
without monetary considerations, to such 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 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. 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.
(Dec. 22, 1944, ch. 665, Sec. 4, 58 Stat. 889; July 24, 1946, ch. 596,
Sec. 4, 60 Stat. 642; July 26, 1947, ch. 343, title II, Sec. 205(a), 61
Stat. 501; Sept. 3, 1954, ch. 1264, title II, Sec. 209, 68 Stat. 1266;
Pub. L. 87-874, title II, Sec. 207, Oct. 23, 1962, 76 Stat. 1195; Pub.
L. 88-578, Sec. 2(a), Sept. 3, 1964, 78 Stat. 899; Pub. L. 91-611, title
II, Sec. 234, Dec. 31, 1970, 84 Stat. 1833; Pub. L. 101-650, title III,
Sec. 321, Dec. 1, 1990, 104 Stat. 5117.)
Amendments
1970--Pub. L. 91-611 provided that the rules and regulations should
include but not be limited to prohibitions of dumping and unauthorized
disposal of refuse, garbage, rubbish, trash, debris, or litter of any
kind at water resource development projects, prescribed penalty for
violation of the rules and regulations, provided for trial and sentence
in accordance with section 3401 of title 18, authorized issuance of
citation for violation of the regulations, provided for issuance of
process for arrest of any violators, and recognized the authority of
Federal officer without process of arrest any person taken in act of
violating the regulations.
1964--Pub. L. 88-578 struck out ``, without charge,'' after ``The
water areas of all such projects shall be open to public use
generally''.
1962--Pub. L. 87-874 substituted references to water resource
development projects for references to reservoir areas wherever
appearing, and authorized the Chief of Engineers to permit the
construction, maintenance, and operation of facilities by local
interests.
1954--Act Sept. 3, 1954, amended section generally, and, among other
changes, inserted ``for park or recreational purposes'' in first
proviso, inserted ``or leases where appropriate'' in second proviso, and
inserted third proviso permitting lessees and licensees to cut timber
and harvest crop in certain cases and containing provisions with respect
to the collection, utilization, and disposition of the proceeds from the
sale of timber and crops.
1946--Act July 24, 1946, inserted first proviso dealing with leases
to nonprofit organizations.
Change of Name
``United States magistrate judge'' substituted for ``United States
magistrate'' wherever appearing in text pursuant to section 321 of Pub.
L. 101-650, set out as a note under section 631 of Title 28, Judiciary
and Judicial Procedure.
Department of War designated Department of the Army and title of
Secretary of War changed to Secretary of the Army by section 205(a) of
act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of
Act July 26, 1947, was repealed by section 53 of Act Aug. 10, 1956, ch.
1041, 70A Stat. 641. Section 1 of Act Aug. 10, 1956, enacted ``Title 10,
Armed Forces'' which in sections 3010 to 3013 continued military
Department of the Army under administrative supervision of Secretary of
the Army.
Effective Date of 1964 Amendment
Amendment by Pub. L. 88-578 effective Jan. 1, 1965, see section 1(a)
of Pub. L. 88-578, set out in part as an Effective Date note under
section 460l-4 of this title.
Recreation Policy
Pub. L. 104-303, title II, Sec. 208(a), Oct. 12, 1996, 110 Stat.
3680, provided that:
``(1) In general.--The Secretary shall provide increased emphasis
on, and opportunities for recreation at, water resources projects
operated, maintained, or constructed by the Corps of Engineers.
``(2) Report.--Not later than 2 years after the date of the
enactment of this Act [Oct. 12, 1996], the Secretary shall transmit to
Congress a report on specific measures taken to implement this
subsection.''
Cabin Site Leases
Pub. L. 99-662, title XI, Sec. 1134(a)-(c), Nov. 17, 1986, 100 Stat.
4250, provided that:
``(a) On and after December 31, 1989, the Secretary shall continue
in effect any lease or assignment thereof to which this section applies,
until such time as such lease is terminated by the leaseholder, any
successors or assigns of the leaseholder, or by the Secretary under
subsection (b) of this section. Any such continuation beyond the date of
expiration of such lease as in effect on December 31, 1989, shall be at
fair market rentals and on such other reasonable terms and conditions
not inconsistent with this section as the Secretary deems necessary. No
continuation shall be made beyond such date unless the leaseholder
agrees (1) to hold the United States harmless from any claim for damages
or injury to persons or property arising from occupancy of or through
the use of the property subject to such lease, and (2) to not
unreasonably expand existing improvements.
``(b)(1) On and after December 31, 1989, the Secretary and any other
officer or employee of the United States shall not terminate a lease to
which this section applies, except as provided in paragraph (2) of this
subsection.
``(2) On and after December 31, 1989, the Secretary may terminate a
lease to which this section applies only if--
``(A) the property covered by the lease is needed for immediate
use for public park purposes or other higher public use or for a
navigation or flood control project; or
``(B) the leaseholder substantially violates a provision of such
lease.
``(c) Subsections (a) and (b) of this section apply to (1) any
cottage site lease of property, which lease was entered into by the
Secretary of the Army pursuant to 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
22, 1944 (58 Stat. 889; 16 U.S.C. 460d), and is in effect on December
31, 1989, and (2) any assignment of such a lease.''
Prohibition on Orders To Remove Houseboats, etc., From Reservoirs or
Projects Administered by Secretary of the Army
Pub. L. 99-662, title XI, Sec. 1134(d), Nov. 17, 1986, 100 Stat.
4251, as amended by Pub. L. 101-640, title III, Sec. 320, Nov. 28, 1990,
104 Stat. 4643, provided that: ``On and after December 31, 1989, no
houseboat, boathouse, floating cabin, sleeping facilities at marinas, or
lawfully installed dock or cabin or trailer and appurtenant structures
shall be required to be removed from any Federal water resources
reservoir or lake project administered by the Secretary on which it was
located on the date of enactment of this Act [Nov. 17, 1986], if (1)
such property is maintained in usable and safe condition, (2) such
property does not occasion a threat to life or property, and (3) the
holder of the lease, permit, or license is in substantial compliance
with the existing lease or license, except where necessary for immediate
use for public purposes or other higher public use or for a navigation
or flood control project.''
Pub. L. 97-140, Sec. 6, Dec. 29, 1981, 95 Stat. 1718, provided that:
``Notwithstanding any other provision of law, no houseboat, floating
cabin, marina (including any with sleeping facilities), or lawfully
installed dock or cabin and appurtenant structures shall be required to
be removed before December 31, 1989, from any Federal water resources
reservoir or lake project administered by the Secretary of the Army,
acting through the Chief of Engineers, on which it was located on the
date of enactment of this Act [Dec. 29, 1981], if such property is
maintained in usable condition, and, in the judgment of the Chief of
Engineers, does not occasion a threat to life or property.''
Similar provisions were contained in Pub. L. 97-128, Sec. 8, Dec.
29, 1981, 95 Stat. 1685.
Secretary of the Air Force
For transfer of certain functions relating to real property under
jurisdiction of Air Force, and certain functions relating to
construction of buildings and facilities insofar as they may pertain to
Department of the Air Force, from Secretary of the Army to Secretary of
the Air Force, see Secretary of Defense Transfer Order Nos. 14, eff.
July 1, 1948; 18, eff. July 7, 1948; and 40 [App. B(66)], July 22, 1949.
Section as Unaffected by Submerged Lands Act
Provisions of this section as not amended, modified or repealed by
the Submerged Lands Act, see section 1303 of Title 43, Public Lands.
Section Referred to in Other Sections
This section is referred to in title 33 section 2297.
