Digest of Federal Resource Laws of Interest to the U.S. Fish and Wildlife Service

Federal Water Project Recreation Act

Federal Water Project Recreation Act [16 U.S.C 460(L)(12)- 460(L)(21); P.L.89-72; July 9, 1965; 79 Stat. 213] as amended by:

P.L. 93-251; March 7, 1974; 88 Stat. 33

P.L. 94-576; October 21, 1976; 90 Stat. 2728

This statute, as amended, declares the intent of Congress that recreation and fish and wildlife enhancement be given full consideration as purposes of Federal water development projects if non-Federal public bodies agree to: (1) bear not less than one-half the separable costs allocated for recreational purposes or twenty-five percent of the cost for fish and wildlife enhancement; (2) administer project land and water areas devoted to these purposes; and (3) bear all costs of operation, maintenance and replacement. Where Federal lands or authorized Federal programs for fish and wildlife conservation are involved, cost-sharing is not required.

This Act also authorizes the use of Federal water project funds for land acquisition in order to establish refuges for migratory waterfowl when recommended by the Secretary of the Interior, and authorizes the Secretary to provide facilities for outdoor recreation and fish and wildlife at all reservoirs under his control, except those within national wildlife refuges. The provisions of this law do not apply to projects constructed under authority of the Small Reclamation Projects Act of August 4, 1954. Similarly, it does not apply to projects undertaken by the Tennessee Valley Authority; however, a 1976 amendment (P.L.94-576) authorized the TVA to recognize and provide recreational and other public uses at its projects consistent with the project purpose.

The Water Resources Development Act of 1974 (P.L.93-251) altered the cost-sharing provisions with respect to fish and wildlife enhancement components of projects.

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