§ 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
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/usc/title-16/section-460dA research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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 federally recognized Indian tribes and Federal, State, or local governmental agencies, and licenses or leases where appropriate, may be granted without monetary considerations, to such Indian tribes or 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 federally recognized Indian tribe 1 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, § 4, 58 Stat. 889; July 24, 1946, ch. 596, § 4, 60 Stat. 642; July 26, 1947, ch. 343, title II, § 205(a), 61 Stat. 501; Sept. 3, 1954, ch. 1264, title II, § 209, 68 Stat. 1266; Pub. L. 87–874, title II, § 207, Oct. 23, 1962, 76 Stat. 1195; Pub. L. 88–578, § 2(a), Sept. 3, 1964, 78 Stat. 899; Pub. L. 91–611, title II, § 234, Dec. 31, 1970, 84 Stat. 1833; Pub. L. 101–650, title III, § 321, Dec. 1, 1990, 104 Stat. 5117; Pub. L. 110–114, title II, § 2026, Nov. 8, 2007, 121 Stat. 1079.)
Connections75 cite this · traces to 6
Cited by 75 sections · top 60
public-private-law
U.S. Code
- § 2201“Secretary” defined
- § 2667Leases: non-excess property of military departments and Defense Agencies
- § 460dConstruction 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
- § 2328Challenge cost-sharing program for management of recreation facilities
- § 14Repealed. Pub. L. 88–578, § 2(a), Sept. 3, 1964, 78 Stat. 899
- § 2297Operation and maintenance on recreation lands
statutes-at-large
- Public Law 87–874
- Public Law 88–578
- Public Law 31
- Public Law 91–611
- Public Law 87–426
- Public Law 678
- Public Law 97–128To deauthorize several projects within the jurisdiction of the Army Corps of Engineers
- Public Law 86–718
- Public Law 450
- Public Law 85–493
- Public Law 415
- Public Law 113–13To prohibit the Corps of Engineers from taking certain actions to establish a restricted area prohibiting public access to waters downstream of a dam, and for other purposes
- Public Law 117–263To authorize appropriations for fiscal year 2023 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes
- Public Law 110–114To provide for the conservation and development of water and related resources, to authorize the Secretary of the Army to construct various projects for improvements to rivers and harbors of the United States, and for other purposes
- Public Law 116–260Making consolidated appropriations for the fiscal year ending September 30, 2021, providing coronavirus emergency response and relief, and for other purposes
- Public Law 99–662To provide for the conservation and development of water and related resources and the improvement and rehabilitation of the Nation’s water resources infrastructure
- Public Law 97–140To authorize the Secretary of the Army to contract with the Tarrant County Water Control and Improvement District Numbered 1 and the city of Weatherford, Texas, for the use of water supply storage in Benbrook Lake, and for other purposes
- Public Law 104–303To provide for the conservation and development of water and related resources, to authorize the Secretary of the Army to construct various projects for improvements to rivers and harbors of the United States, and for other purposes
- Public Law 101–640To provide for the conservation and development of water and related resources, to authorize the United States Army Corps of Engineers civil works program to construct various projects for improvements to the Nation’s infrastructure, and for other purposes
- Public Law 96–501To assist the electrical consumers of the Pacific Northwest through use of the Federal Columbia River Power System to achieve cost-effective energy conservation, to encourage the development of renewable energy resources, to establish a representative regional power planning process, to assure the r
CFR
register
statute-compilations
bill
- Sec. 2058Restricted areas at Corps of Engineers dams
- Sec. 2058Restricted areas at Corps of Engineers dams
- Sec. 2Restricted areas at corps of engineers dams
- Sec. 2Restricted areas at corps of engineers dams
- Sec. 2Restricted areas at corps of engineers dams
- Sec. 153Lease deviations
- Sec. 3Corona Municipal Airport lease
- Sec. 8136Lease durations
- Sec. 8396Sense of Congress on lease agreement
- Sec. 122Lease durations
- Sec. 347Sense of Congress on lease agreement
- Sec. 347Sense of Congress on lease agreement
- Sec. 339Sense of Congress on lease agreement
- Sec. 3Rental amounts, fees, and lease periods for covered marinas
- Sec. 8136Lease durations
- Sec. 8396Sense of Congress on lease agreement
Traces to 6 documents
U.S. Code
- Misdemeanors; application of probation laws§ 3401
- Appointment and tenure§ 631
- Repealed. Pub. L. 88–578, § 2(a), Sept. 3, 1964, 78 Stat. 899§ 14
- Federal share payable§ 120
- 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§ 460d
- Amendment, modification, or repeal of other laws§ 1303
41 references not yet in our index
- 1
- Dec. 22, 1944, ch. 665, § 4
- 58 Stat. 889
- July 24, 1946, ch. 596, § 4
- 60 Stat. 642
- July 26, 1947, ch. 343
- 61 Stat. 501
- Sept. 3, 1954, ch. 1264
- 68 Stat. 1266
- Pub. L. 87–874, title II, § 207
- 76 Stat. 1195
- Pub. L. 88–578, § 2(a)
- 78 Stat. 899
- Pub. L. 91–611, title II, § 234
- 84 Stat. 1833
- Pub. L. 101–650, title III, § 321
- 104 Stat. 5117
- Pub. L. 110–114, title II, § 2026
- 121 Stat. 1079
- Pub. L. 110–114
- Pub. L. 91–611
- Pub. L. 88–578
- Pub. L. 87–874
- section 321 of Pub. L. 101–650
- act July 26, 1947, ch. 343, title II
- Act Aug. 10, 1956, ch. 1041
- 70A Stat. 641
- Pub. L. 88–578, title I, § 1(a)
- 78 Stat. 897
- Pub. L. 104–303, title II, § 208(a)
- 110 Stat. 3680
- Pub. L. 99–662, title XI, § 1134(a)
- 100 Stat. 4250
- Pub. L. 99–662, title XI, § 1134(d)
- 100 Stat. 4251
- Pub. L. 101–640, title III, § 320
- 104 Stat. 4643
- Pub. L. 97–140, § 6
- 95 Stat. 1718
- Pub. L. 97–128, § 8
+ 1 more
Citation graph
cites case law
§ 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
Bills×23
Stat.×23
Fed. Reg.×9
Stat. Comp.×7
U.S.C.×6
Pub. L.×4
C.F.R.×3
Cite1
ActDec. 22, 1944, ch. 665, § 4
Stat.58 Stat. 889
ActJuly 24, 1946, ch. 596, § 4
Stat.60 Stat. 642
Cites 47 · showing 11Cited by 75 across 7 sources