Recreation Act (16 U.S.C. 460k)

16 U.S.C.
United States Code, 2018 Edition
Title 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXVIII - NATIONAL CONSERVATION RECREATIONAL AREAS
From the U.S. Government Publishing Office, www.gpo.gov

SUBCHAPTER LXVIII—NATIONAL CONSERVATION RECREATIONAL
AREAS
§460k. Public recreation use of fish and wildlife conservation areas; compatibility
with conservation purposes; appropriate incidental or secondary use;
consistency with other Federal operations and primary objectives of
particular areas; curtailment; forms of recreation not directly related to
primary purposes of individual areas; repeal or amendment 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 administered
by the Secretary of the Interior for fish and wildlife purposes; and in recognition also of the resulting
imperative need, if such recreational opportunities are provided, to assure that any present or future
recreational use will be compatible with, and will not prevent accomplishment of, the primary
purposes for which the said conservation areas were acquired or established, the Secretary of the
Interior is authorized, as an appropriate incidental or secondary use, to administer such areas or parts
thereof for public recreation when in his judgment public recreation can be an appropriate incidental
or secondary use: Provided, That such public recreation use shall be permitted only to the extent that
is practicable and not inconsistent with other previously authorized Federal operations or with the
primary objectives for which each particular area is established: Provided further, That in order to
insure accomplishment of such primary objectives, the Secretary, after consideration of all authorized
uses, purposes, and other pertinent factors relating to individual areas, shall curtail public recreation
use generally or certain types of public recreation use within individual areas or in portions thereof
whenever he considers such action 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 determined—
(a) that such recreational use will not interfere with the primary purposes for which the areas
were established, and
(b) that funds are available for the development, operation, and maintenance of these permitted
forms of recreation. This section shall not be construed to repeal or amend previous 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.)
A
1966—Pub. L. 89–669 substituted "areas within the National Wildlife Refuge System" for "national
wildlife refuges, game ranges" in introductory text.
S

T

Pub. L. 87–714, which enacted this subchapter, is popularly known as the "Refuge Recreation Act".

§460k–1. Acquisition of lands for recreational development; funds
The Secretary is authorized to acquire areas of land, or interests therein, which are suitable for—
(1) incidental fish and wildlife-oriented recreational development,
(2) the protection of natural resources,
(3) the conservation of endangered species or threatened species listed by the Secretary pursuant
to section 1533 of this title, or
(4) carrying out two or more of the purposes set forth in paragraphs (1) through (3) of this
section, and are adjacent to, or within, the said conservation areas, except that the acquisition of
any land or interest therein pursuant to this section shall be accomplished only with such funds as
may be appropriated therefor by the Congress or donated for such purposes, but such property
shall not be acquired with funds obtained from the sale of Federal migratory bird hunting stamps.
Lands acquired pursuant to this section shall become a part of the particular conservation area to
which they are adjacent.
(Pub. L. 87–714, §2, Sept. 28, 1962, 76 Stat. 653; Pub. L. 92–534, Oct. 23, 1972, 86 Stat. 1063; Pub.
L. 93–205, §13(d), Dec. 28, 1973, 87 Stat. 902.)
A
1973—Pub. L. 93–205 inserted references to the acquisition of interest in land the conservation of
endangered species or threatened species listed by the Secretary pursuant to section 1533 of this title.
1972—Pub. L. 92–534 substituted provisions authorizing the Secretary to acquire lands suitable for fish and
wildlife oriented recreational development, or for the protection of natural resources and adjacent to
conservation areas, for provisions authorizing the Secretary to acquire limited areas of land for recreational
development adjacent to conservation areas in existence or approved by the Migratory Bird Conservation
Commission as of September 28, 1962.
E
D
1973 A
Amendment by Pub. L. 93–205 effective Dec. 28, 1973, see section 16 of Pub. L. 93–205, set out as a note
under section 1531 of this title.

§460k–2. Cooperation with agencies, organizations and individuals; acceptance
of donations; restrictive covenants
In furtherance of the purposes of this subchapter, the Secretary is authorized to cooperate with
public and private agencies, organizations, and individuals, and he may accept and use, without
further authorization, donations of funds and real and personal property. Such acceptance may be
accomplished under the terms and conditions of restrictive covenants imposed by donors when such
covenants are deemed by the Secretary to be compatible with the purposes of the wildlife refuges,
games ranges, fish hatcheries, and other fish and wildlife conservation areas.
(Pub. L. 87–714, §3, Sept. 28, 1962, 76 Stat. 653.)

§460k–3. Charges and fees; permits; regulations; penalties; enforcement
The Secretary may establish reasonable charges and fees and issue permits for public use of
national wildlife refuges, game ranges, national fish hatcheries, and other conservation areas
administered by the Department of the Interior for fish and wildlife purposes. The Secretary may
issue regulations to carry out the purposes of this subchapter. A violation of such regulations shall be

a misdemeanor with maximum penalties of imprisonment for not more than six months, or a fine of
not more than $500, or both. The provisions of this subchapter and any such regulation shall be
enforced by any officer or employee of the United States Fish and Wildlife Service designated by the
Secretary of the Interior.
(Pub. L. 87–714, §4, Sept. 28, 1962, 76 Stat. 654; Pub. L. 95–616, §3(e), Nov. 8, 1978, 92 Stat. 3111;
Pub. L. 98–473, title II, §221, Oct. 12, 1984, 98 Stat. 2028.)
A
1984—Pub. L. 98–473 substituted "misdemeanor" for "petty offense (18 U.S.C. 1)".
1978—Pub. L. 95–616 provided for designation of enforcement personnel.
E
D
1984 A
Amendment by Pub. L. 98–473 effective Nov. 1, 1987, and applicable only to offenses committed after the
taking effect of such amendment, see section 235(a)(1) of Pub. L. 98–473, set out as an Effective Date note
under section 3551 of Title 18, Crimes and Criminal Procedure.

§460k–4. Authorization of appropriations
There is authorized to be appropriated such funds as may be necessary to carry out the purposes of
this subchapter, including the construction and maintenance of public recreational facilities.
(Pub. L. 87–714, §5, Sept. 28, 1962, 76 Stat. 654.)