U.S. Code » Title 16 » Chapter CHAPTER 1— NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES › Subchapter SUBCHAPTER LXVIII— NATIONAL CONSERVATION RECREATIONAL AREAS

16 U.S.C. § 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

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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.)Editorial NotesAmendments

1966—Pub. L. 89–669 substituted “areas within the National Wildlife Refuge System” for “national wildlife refuges, game ranges” in introductory text.

Statutory Notes and Related SubsidiariesShort Title

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

Notes of Decisions
Cited in 8 cases (1 in the last 5 years), 1985–2023 · leading case: United States v. Duane Ehmer, 87 F.4th 1073 (9th Cir. 2023).
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United States v. Duane Ehmer, 87 F.4th 1073 (9th Cir. 2023). · cites it 4× “” 16 U.S.C. § 460k (emphasis added). Even assuming that Appellants are correct in suggesting that National Conservation Areas managed by the BLM constitute “other conservation areas administered by the Secretary of the Interior for fish and wildlife purposes” (a point we do not…”
Humane Soc'y of the United States v. Donald P. Hodel, Sec'y of Interior, 840 F.2d 45 (D.C. Cir. 1988). · cites it 2× “; the Refuge Recreation Act of 1962 (RRA), 16 U.S.C. §§ 460k et seq.; and its companion enactment, the National Wildlife Refuge System Administrative Procedure Act (NWRSAPA), 16 U.”
Sabine River Auth. v. United States Dep't of Interior, 745 F. Supp. 388 (E.D. Tex. 1990). · cites it 4× “and the Refuge Recreation Act, 16 U.S.C. § 460k et seq., because the terms of the easement do not provide for a right of access for the public.”
Humane Soc'y of the United States v. Lujan, 768 F. Supp. 360 (D.D.C. 1991). · cites it 4× “Other counts in the complaint, however, are based on the Refuge Recreation Act of 1982, 16 U.S.C. § 460k et seq.; the National Wildlife Refuge System Administration Act of 1966, 16 U.”
Niobrara River Ranch, L.L.C. v. Huber, 277 F. Supp. 2d 1020 (D. Neb. 2003). · cites it 2× “Public recreation was recognized by Congress as a legitimate use in the National Wildlife Refuge System in 16 U.S.C. § 460k. The Secretary of Interior was authorized therein to “administer such areas or parts thereof for public recreation when in his judgment public recreation…”
Humane Soc'y of the United States v. Clark, 109 F.R.D. 518 (D.D.C. 1985). “, the Refuge Recreation Act of 1962, 16 U.S.C. §§ 460k, et seq., the Endangered Species Act of 1973, 16 U.”
United States v. Rinaudo, 684 F. Supp. 2d 675 (E.D.N.C. 2010). · cites it 2× “” 16 U.S.C. § 460k. Pursuant to the Congressional grant of authority in 16 U.”
United States v. Sams, 45 F. Supp. 3d 524 (E.D.N.C. 2014). “The defendant, a resident of North Carolina, was charged with entering a closed area on a national wildlife refuge, in violation of 16 U.S.C. § 460k and 50 C.F.R. § 25.21 , and destroying a plant on a national wildlife refuge, in violation of 16 U.”
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