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 11 So in original. 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.
Notes of Decisions
South Dakota v. Bourland, 508 U.S. 679 (1993).
· cites it 6× “889 , as amended, 16 U. S. C. § 460d. Section 4 of the Act provides that "all such projects shall be open to public use generally" for various "recreational purposes, .”
Lee v. North Dakota Park Serv., 262 N.W.2d 467 (N.D. 1977).
· cites it 9× “Under the authority of the Flood Control Act, 16 U.S.C. § 460d, the United States, through the Department of the Army, on 19 November 1957, granted a “license” to the Garrison Park District to use and occupy for public park and recreational purposes an area consisting of…”
United States v. Davis, 339 F.3d 1223 (10th Cir. 2003).
· cites it 3× “2 The regulations were promulgated in relevant part under the authority of 16 U.S.C. § 460d and 33 U.S.C. § 1 . Section 460d states in pertinent part: The Chief of Engineers, under the supervision of the Secretary of the Army, is authorized to construct, maintain, and operate…”
GeorgiaCarry.Org, Inc. v. The U.S. Army Corps of Engineers, 788 F.3d 1318 (11th Cir. 2015).
· cites it 2× “See 16 U.S.C. § 460d. The Corps prohibits the possession of loaded firearms or ammunition at any of these projects (except in designated hunting areas and shooting ranges) without the written permission of a district commander.”
John McClung v. Colonel Courtney Paul, 788 F.3d 822 (8th Cir. 2015).
· cites it 4× “The Army Corps of Engineers manages federal water resource development projects such as Greers Ferry Lake under 16 U.S.C. § 460d, part of the 1944 Flood Control Act.”
Richard McCarthy v. United States, 850 F.2d 558 (9th Cir. 1988).
“The construction, maintenance and operation of East Copperas Park is authorized by 16 U.S.C. § 460d (1982). East Copperas Park does not have a designated swimming area.”
Ctr. Hill Def. Fund v. United States Army Corps of Engineers, 886 F. Supp. 1389 (M.D. Tenn. 1995).
· cites it 18× “The Concession Leases Pursuant to 16 U.S.C. § 460d, the Corps may lease federally-owned land at water resource development projects to state or local governments, charitable groups, or private businesses.”
Lower Brule Sioux Tribe v. Southn Dakota, 540 F. Supp. 276 (D.S.D. 1982).
· cites it 5× “This section is now codified at 16 U.S.C. § 460d. The State argues that the 1944 Act, § 4, is a general law, which by its terms renders all persons within the taken areas subject to state regulations for hunting and fishing.”
Mustain v. Grand River Dam Auth., 2003 OK 43 (Okla. 2003).
“The terms of 16 U.S.C.A. § 460d authorize the Chief of Engineers to construct, maintain, and operate public park and recreational facilities at water resource development projects under control of the Department of the Army.”
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