16 USC 4601-4 et seq

Land and Water Conservation Fund Act of 1965, Public Law 88-578
Title 16, United States Code
Selected Relevant Parts – State Assistance Program
for full code section:
http://www.access.gpo.gov/uscode/title16/chapter1_subchapterlxix_partb_.html

§ 460l–4. Land and water conservation provisions; statement of purposes
The purposes of this part are to assist in preserving, developing, and assuring accessibility to all
citizens of the United States of America of present and future generations and visitors who are
lawfully present within the boundaries of the United States of America such quality and quantity
of outdoor recreation resources as may be available and are necessary and desirable for
individual active participation in such recreation and to strengthen the health and vitality of the
citizens of the United States by
(1) providing funds for and authorizing Federal assistance to the States in planning, acquisition,
and development of needed land and water areas and facilities and
(2) providing funds for the Federal acquisition and development of certain lands and other areas.

§ 460l–5. Land and water conservation fund; establishment; covering certain revenues and
collections into fund
During the period ending September 30, 2015, there shall be covered into the land and water
conservation fund in the Treasury of the United States, which fund is hereby established and is
hereinafter referred to as the “fund”, the following revenues and collections:
(a) Surplus property sales
All proceeds (except so much thereof as may be otherwise obligated, credited, or paid under
authority of those provisions of law set forth in section 572 (a) or 574 (a)–(c) of title 40 or the
Independent Offices Appropriation Act, 1963 (76 Stat. 725) or in any later appropriation Act)
hereafter received from any disposal of surplus real property and related personal property under
the Federal Property and Administrative Services Act of 1949, as amended, notwithstanding any
provision of law that such proceeds shall be credited to miscellaneous receipts of the Treasury.
Nothing in this part shall affect existing laws or regulations concerning disposal of real or
personal surplus property to schools, hospitals, and States and their political subdivisions.
(b) Motorboat fuels tax
The amounts provided for in section 460l–11 of this title.
(c) Other revenues
(1) In addition to the sum of the revenues and collections estimated by the Secretary of the
Interior to be covered into the fund pursuant to this section, as amended, there are authorized to
be appropriated annually to the fund out of any money in the Treasury not otherwise
appropriated such amounts as are necessary to make the income of the fund not less than

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$300,000,000 for fiscal year 1977, and $900,000,000 for fiscal year 1978 and for each fiscal year
thereafter through September 30, 2015.
(2) To the extent that any such sums so appropriated are not sufficient to make the total annual
income of the fund equivalent to the amounts provided in clause (1), an amount sufficient to
cover the remainder thereof shall be credited to the fund from revenues due and payable to the
United States for deposit in the Treasury as miscellaneous receipts under the Outer Continental
Shelf Lands Act, as amended (43 U.S.C. 1331 et seq.): Provided, That notwithstanding the
provisions of section 460l–6 of this title, moneys covered into the fund under this paragraph shall
remain in the fund until appropriated by the Congress to carry out the purpose of this part.

§ 460l–7. Allocation of land and water conservation fund for State and Federal purposes
There shall be submitted with the annual budget of the United States a comprehensive statement
of estimated requirements during the ensuing fiscal year for appropriations from the fund. Not
less than 40 per centum of such appropriations shall be available for Federal purposes. Those
appropriations from the fund up to and including $600,000,000 in fiscal year 1978 and up to and
including $750,000,000 in fiscal year 1979 shall continue to be allocated in accordance with this
section. There shall be credited to a special account within the fund $300,000,000 in fiscal year
1978 and $150,000,000 in fiscal year 1979 from the amounts authorized by section 460l–5 of
this title. Amounts credited to this account shall remain in the account until appropriated.
Appropriations from the special account shall be available only with respect to areas existing and
authorizations enacted prior to the convening of the Ninety-fifth Congress, for acquisition of
lands, waters, or interests in lands or waters within the exterior boundaries, as aforesaid, of—
(1) the national park system;
(2) national scenic trails;
(3) the national wilderness preservation system;
(4) federally administered components of the National Wild and Scenic Rivers System; and
(5) national recreation areas administered by the Secretary of Agriculture.

§ 460l–8 [Sec 6]. Financial assistance to States
(a) Authority of Secretary of the Interior; payments to carry out purposes of land and
water conservation provisions
The Secretary of the Interior (hereinafter referred to as the “Secretary”) is authorized to provide
financial assistance to the States from moneys available for State purposes. Payments may be
made to the States by the Secretary as hereafter provided, subject to such terms and conditions as
he considers appropriate and in the public interest to carry out the purposes of this part, for
outdoor recreation:
(1) planning,
(2) acquisition of land, waters, or interests in land or waters, or
(3) development.

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(b) Apportionment among States; finality of administrative determination; formula;
notification; reapportionment of unobligated amounts; definition of State
Sums appropriated and available for State purposes for each fiscal year shall be apportioned
among the several States by the Secretary, whose determination shall be final, in accordance with
the following formula:
(1) Forty per centum of the first $225,000,000; thirty per centum of the next $275,000,000; and
twenty per centum of all additional appropriations shall be apportioned equally among the
several States; and
(2) At any time, the remaining appropriation shall be apportioned on the basis of need to
individual States by the Secretary in such amounts as in his judgment will best accomplish the
purposes of this part. The determination of need shall include among other things a consideration
of the proportion which the population of each State bears to the total population of the United
States and of the use of outdoor recreation resources of individual States by persons from outside
the State as well as a consideration of the Federal resources and programs in the particular States.
(3) The total allocation to an individual State under paragraphs (1) and (2) of this subsection
shall not exceed 10 per centum of the total amount allocated to the several States in any one year.
(4) The Secretary shall notify each State of its apportionments; and the amounts thereof shall be
available thereafter for payment to such State for planning, acquisition, or development projects
as hereafter prescribed. Any amount of any apportionment that has not been paid or obligated by
the Secretary during the fiscal year in which such notification is given and for two fiscal years
thereafter shall be reapportioned by the Secretary in accordance with paragraph (2) of this
subsection, without regard to the 10 per centum limitation to an individual State specified in this
subsection.
(5) For the purposes of paragraph (1) of this subsection, the District of Columbia, Puerto Rico,
the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana
Islands (when such islands achieve Commonwealth status) shall be treated collectively as one
State, and shall receive shares of such apportionment in proportion to their populations. The
above listed areas shall be treated as States for all other purposes of this title.
(c) Matching requirements
Payments to any State shall cover not more than 50 per centum of the cost of planning,
acquisition, or development projects that are undertaken by the State. The remaining share of the
cost shall be borne by the State in a manner and with such funds or services as shall be
satisfactory to the Secretary. No payment may be made to any State for or on account of any cost
or obligation incurred or any service rendered prior to September 3, 1964.
(d) Comprehensive State plan; necessity; adequacy; contents; correlation with other plans;
factors for formulation of Housing and Home Finance Agency financed plans; planning
projects; wetlands consideration; wetlands priority plan
A comprehensive statewide outdoor recreation plan shall be required prior to the consideration
by the Secretary of financial assistance for acquisition or development projects. The plan shall be
adequate if, in the judgment of the Secretary, it encompasses and will promote the purposes of

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this part: Provided, That no plan shall be approved unless the Governor of the respective State
certifies that ample opportunity for public participation in plan development and revision has
been accorded. The Secretary shall develop, in consultation with others, criteria for public
participation, which criteria shall constitute the basis for the certification by the Governor. The
plan shall contain—
(1) the name of the State agency that will have authority to represent and act for the State in
dealing with the Secretary for purposes of this part;
(2) an evaluation of the demand for and supply of outdoor recreation resources and facilities in
the State;
(3) a program for the implementation of the plan; and
(4) other necessary information, as may be determined by the Secretary.
The plan shall take into account relevant Federal resources and programs and shall be correlated
so far as practicable with other State, regional, and local plans. Where there exists or is in
preparation for any particular State a comprehensive plan financed in part with funds supplied by
the Housing and Home Finance Agency, any statewide outdoor recreation plan prepared for
purposes of this part shall be based upon the same population, growth, and other pertinent factors
as are used in formulating the Housing and Home Finance Agency financed plans.
The Secretary may provide financial assistance to any State for projects for the preparation of a
comprehensive statewide outdoor recreation plan when such plan is not otherwise available or
for the maintenance of such plan.
For fiscal year 1988 and thereafter each comprehensive statewide outdoor recreation plan shall
specifically address wetlands within that State as an important outdoor recreation resource as a
prerequisite to approval, except that a revised comprehensive statewide outdoor recreation plan
shall not be required by the Secretary, if a State submits, and the Secretary, acting through the
Director of the National Park Service, approves, as a part of and as an addendum to the existing
comprehensive statewide outdoor recreation plan, a wetlands priority plan developed in
consultation with the State agency with responsibility for fish and wildlife resources and
consistent with the national wetlands priority conservation plan developed under section 3921 of
this title or, if such national plan has not been completed, consistent with the provisions of that
section.
(e) Projects for land and water acquisition; development
In addition to assistance for planning projects, the Secretary may provide financial assistance to
any State for the following types of projects or combinations thereof if they are in accordance
with the State comprehensive plan:
(1) For the acquisition of land, waters, or interests in land or waters, or wetland areas and
interests therein as identified in the wetlands provisions of the comprehensive plan (other than
land, waters, or interests in land or waters acquired from the United States for less than fair
market value), but not including incidental costs relating to acquisition.
Whenever a State provides that the owner of a single-family residence may, at his option, elect to
retain a right of use and occupancy for not less than six months from the date of acquisition of
such residence and such owner elects to retain such a right, such owner shall be deemed to have
waived any benefits under sections 4623, 4624, 4625, and 4626 of title 42 and for the purposes

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of those sections such owner shall not be considered a displaced person as defined in section
4601 (6) of title 42.
(2) For development of basic outdoor recreation facilities to serve the general public, including
the development of Federal lands under lease to States for terms of twenty-five years or more:
Provided, That no assistance shall be available under this part to enclose or shelter facilities
normally used for outdoor recreation activities, but the Secretary may permit local funding, and
after September 28, 1976, not to exceed 10 per centum of the total amount allocated to a State in
any one year to be used for sheltered facilities for swimming pools and ice skating rinks in areas
where the Secretary determines that the severity of climatic conditions and the increased public
use thereby made possible justifies the construction of such facilities.
(f) Requirements for project approval; conditions; progress payments; payments to
Governors or State officials or agencies; State transfer of funds to public agencies;
conversion of property to other uses; reports to Secretary; accounting; records; audit;
discrimination prohibited
(1) Payments may be made to States by the Secretary only for those planning, acquisition, or
development projects that are approved by him. No payment may be made by the Secretary for
or on account of any project with respect to which financial assistance has been given or
promised under any other Federal program or activity, and no financial assistance may be given
under any other Federal program or activity for or on account of any project with respect to
which such assistance has been given or promised under this part. The Secretary may make
payments from time to time in keeping with the rate of progress toward the satisfactory
completion of individual projects: Provided, That the approval of all projects and all payments,
or any commitments relating thereto, shall be withheld until the Secretary receives appropriate
written assurance from the State that the State has the ability and intention to finance its share of
the cost of the particular project, and to operate and maintain by acceptable standards, at State
expense, the particular properties or facilities acquired or developed for public outdoor recreation
use.
(2) Payments for all projects shall be made by the Secretary to the Governor of the State or to a
State official or agency designated by the Governor or by State law having authority and
responsibility to accept and to administer funds paid hereunder for approved projects. If
consistent with an approved project, funds may be transferred by the State to a political
subdivision or other appropriate public agency.
(3) No property acquired or developed with assistance under this section shall, without the
approval of the Secretary, be converted to other than public outdoor recreation uses. The
Secretary shall approve such conversion only if he finds it to be in accord with the then existing
comprehensive statewide outdoor recreation plan and only upon such conditions as he deems
necessary to assure the substitution of other recreation properties of at least equal fair market
value and of reasonably equivalent usefulness and location.: Provided, That wetland areas and
interests therein as identified in the wetlands provisions of the comprehensive plan and proposed
to be acquired as suitable replacement property within that same State that is otherwise
acceptable to the Secretary, acting through the Director of the National Park Service, shall be
considered to be of reasonably equivalent usefulness with the property proposed for conversion.
(4) No payment shall be made to any State until the State has agreed to (1) provide such reports
to the Secretary, in such form and containing such information, as may be reasonably necessary

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to enable the Secretary to perform his duties under this part, and (2) provide such fiscal control
and fund accounting procedures as may be necessary to assure proper disbursement and
accounting for Federal funds paid to the State under this part.
(5) Each recipient of assistance under this part shall keep such records as the Secretary shall
prescribe, including records which fully disclose the amount and the disposition by such
recipient of the proceeds of such assistance, the total cost of the project or undertaking in
connection with which such assistance is given or used, and the amount and nature of that
portion of the cost of the project or undertaking supplied by other sources, and such other records
as will facilitate an effective audit.
(6) The Secretary, and the Comptroller General of the United States, or any of their duly
authorized representatives, shall have access for the purpose of audit and examination to any
books, documents, papers, and records of the recipient that are pertinent to assistance received
under this part.
(7) Repealed. Pub. L. 104–333, div. I, title VIII, § 814(d)(1)(H), Nov. 12, 1996, 110 Stat. 4196.
(8) With respect to property acquired or developed with assistance from the fund, discrimination
on the basis of residence, including preferential reservation or membership systems, is prohibited
except to the extent that reasonable differences in admission and other fees may be maintained
on the basis of residence.
(g) Coordination with Federal agencies
In order to assure consistency in policies and actions under this part with other related Federal
programs and activities (including those conducted pursuant to title VII of the Housing Act of
1961 [42 U.S.C. 1500 et seq.] and section 701 of the Housing Act of 1954) and to assure
coordination of the planning, acquisition, and development assistance to States under this section
with other related Federal programs and activities, the President may issue such regulations with
respect thereto as he deems desirable and such assistance may be provided only in accordance
with such regulations.
(h) Capital improvement and other projects to reduce crime
(1) Availability of funds
In addition to assistance for planning projects, and in addition to the projects identified in
subsection (e) of this section, and from amounts appropriated out of the Violent Crime Reduction
Trust Fund, the Secretary may provide financial assistance to the States, not to exceed
$15,000,000, for projects or combinations thereof for the purpose of making capital
improvements and other measures to increase safety in urban parks and recreation areas,
including funds to—
(A) increase lighting within or adjacent to public parks and recreation areas;
(B) provide emergency phone lines to contact law enforcement or security personnel in areas
within or adjacent to public parks and recreation areas;
(C) increase security personnel within or adjacent to public parks and recreation areas; and
(D) fund any other project intended to increase the security and safety of public parks and
recreation areas.
(2) Eligibility

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In addition to the requirements for project approval imposed by this section, eligibility for
assistance under this subsection shall be dependent upon a showing of need. In providing funds
under this subsection, the Secretary shall give priority to projects proposed for urban parks and
recreation areas with the highest rates of crime and, in particular, to urban parks and recreation
areas with the highest rates of sexual assault.
(3) Federal share
Notwithstanding subsection (c) of this section, the Secretary may provide 70 percent
improvement grants for projects undertaken by any State for the purposes described in this
subsection, and the remaining share of the cost shall be borne by the State.

§ 460l–10. Availability of land and water conservation fund for publicity purposes; standardized
temporary signing; standards and guidelines
Moneys derived from the sources listed in section 460l–5 of this title shall not be available for
publicity purposes: Provided, however, That in each case where significant acquisition or
development is initiated, appropriate standardized temporary signing shall be located on or near
the affected site, to the extent feasible, so as to indicate the action taken is a product of funding
made available through the Land and Water Conservation Fund. Such signing may indicate the
per centum and dollar amounts financed by Federal and non-Federal funds, and that the source of
the funding includes moneys derived from Outer Continental Shelf receipts. The Secretary shall
prescribe standards and guidelines for the usage of such signing to assure consistency of design
and application.

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