16 U.S.C. § 6812

Repeal of superseded admission and use fee authorities

Read at: OLRCuscode.house.gov CornellLII GovInfogovinfo.gov JustiaTitle 16 CasesGoogle Scholar

(a) Land and Water Conservation Fund Act

Subsections (a), (b), (c), (d), (e), (f), (g), and (i) (except for paragraph (1)(C)) of section 4 11 See References in Text note below. of the Land and Water Conservation Fund Act of 1965 are repealed, except that the Secretary may continue to issue Golden Eagle Passports, Golden Age Passports, and Golden Access Passports under such section until the date the notice required by section 6804(a)(3) of this title is published in the Federal Register regarding the establishment of the National Parks and Federal Recreational Lands Pass.

(b) Recreational fee demonstration program

Section 315 ¹ of the Department of the Interior and Related Agencies Appropriations Act, 1996 (as contained in section 101(c) of Public Law 104–134), is repealed.

Section 3911 of this title is repealed.

(d) National park passport, Golden Eagle Passport, Golden Age Passport, and Golden Access PassportEffective on the date the notice required by section 6804(a)(3) of this title is published in the Federal Register, the following provisions of law authorizing the establishment of a national park passport program or the establishment and sale of a national park passport, Golden Eagle Passport, Golden Age Passport, or Golden Access Passport are repealed:(1) Section 502 ¹ of the National Parks Omnibus Management Act of 1998 (Public Law 105–391).(2) Title VI ¹ of the National Parks Omnibus Management Act of 1998 (Public Law 105–391).(e) Treatment of unobligated funds(1) Land and water conservation fund special accounts

Amounts in the special accounts established under section 4(i)(1) ¹ of the Land and Water Conservation Fund Act of 1965 for Federal land management agencies that are unobligated on December 8, 2004, shall be transferred to the appropriate special account established under section 6806 of this title and shall be available to the Secretary in accordance with this chapter. A special account established under section 4(i)(1) ¹ of the Land and Water Conservation Fund Act of 1965 for a Federal agency that is not a Federal land management area, and the use of such special account, is not affected by the repeal of section 4 ¹ of the Land and Water Conservation Fund Act of 1965 by subsection (a) of this section.

(2) National parks passport

Any funds collected under title VI ¹ of the National Parks Omnibus Management Act of 1998 (Public Law 105–391) that are unobligated on the day before the publication of the Federal Register notice required under section 6804(a)(3) of this title shall be transferred to the special account of the National Park Service for use in accordance with this chapter. The Secretary of the Interior may use amounts available in that special account to pay any outstanding administration, marketing, or close-out costs associated with the national parks passport.

(3) Recreational fee demonstration program

Any funds collected in accordance with section 315 ¹ of the Department of the Interior and Related Agencies Appropriations Act, 1996 (as contained in section 101(c) of Public Law 104–134), that are unobligated on the day before December 8, 2004, shall be transferred to the appropriate special account and shall be available to the Secretary in accordance with this chapter.

(4) Admission permits for refuge units

Any funds collected in accordance with section 3911 of this title that are available as provided in subsection (c)(A) of such section and are unobligated on the day before December 8, 2004, shall be transferred to the special account of the United States Fish and Wildlife Service for use in accordance with this chapter.

(f) Effect of regulations

A regulation or policy issued under a provision of law repealed by this section shall remain in effect to the extent such a regulation or policy is consistent with the provisions of this chapter until the Secretary issues a regulation, guideline, or policy under this chapter that supersedes the earlier regulation.

(Pub. L. 108–447, div. J, title VIII, § 813, Dec. 8, 2004, 118 Stat. 3390; Pub. L. 109–54, title I, § 132(a), Aug. 2, 2005, 119 Stat. 526; Pub. L. 113–287, § 5(d)(37), Dec. 19, 2014, 128 Stat. 3268.)Editorial NotesReferences in Text

Section 4 of the Land and Water Conservation Fund Act of 1965, referred to in subsecs. (a) and (e)(1), was section 4 of Pub. L. 88–578, title I, as added by Pub. L. 92–347, § 2, July 11, 1972, 86 Stat. 459, which was classified to former section 460l–6a of this title. Subsecs. (a) to (g) and (i) (except par. (1)(C)) of section 4 were repealed by subsec. (a) of this section. Subsec. (h) of section 4 was previously repealed by Pub. L. 104–66, title I, § 1081(f), Dec. 21, 1995, 109 Stat. 721. Subsecs. (i)(1)(C) and (j) to (n) of section 4 were repealed and restated as section 100904 of Title 54, National Park Service and Related Programs, by Pub. L. 113–287, §§ 3, 7, Dec. 19, 2014, 128 Stat. 3094, 3272.

The date the notice required by section 6804(a)(3) of this title is published in the Federal Register, referred to in subsecs. (a), (d), and (e)(2), is Dec. 19, 2006. See 71 F.R. 75935.

Sections 6804 and 6806 of this title, referred to in subsecs. (a), (d), and (e)(1), (2), were in the original references to sections 5 and 7, respectively, and were translated as meaning section 805 and 807, respectively, of title VIII of div. J of Pub. L. 108–447, to reflect the probable intent of Congress.

Section 315 of the Department of the Interior and Related Agencies Appropriations Act, 1996, referred to in subsecs. (b) and (e)(3), is Pub. L. 104–134, title I, § 101(c) [title III, § 315], Apr. 26, 1996, 110 Stat. 1321–156, 1321–200, which was set out as a note under former section 460l–6a of this title, prior to repeal by subsec. (b) of this section.

The National Parks Omnibus Management Act of 1998, referred to in subsecs. (d) and (e)(2), is Pub. L. 105–391, Nov. 13, 1998, 112 Stat. 3497. Section 502 of the Act was classified to section 5982 of this title, and title VI of the Act was classified generally to subchapter V (§ 5991 et seq.) of chapter 79 of this title, prior to repeal by subsec. (d) of this section. For complete classification of this Act to the Code, see Tables.

This chapter, referred to in subsecs. (e) and (f), was in the original “this Act”, and was translated as reading “this title”, meaning title VIII of div. J of Pub. L. 108–447, Dec. 8, 2004, 118 Stat. 3377, known as the Federal Lands Recreation Enhancement Act, to reflect the probable intent of Congress. For complete classification of title VIII to the Code, see Short Title note set out under section 6801 of this title and Tables.

Amendments

2014—Subsec. (a). Pub. L. 113–287, § 5(d)(37)(A), which directed amendment of “subsection (A)” by striking out “(16 U.S.C. 460l–6a et seq.)”, was executed by striking out that language after “1965” in subsec. (a) to reflect the probable intent of Congress.

Subsec. (b). Pub. L. 113–287, § 5(d)(37)(B), struck out “; 16 U.S.C. 460l–6a” after “Public Law 104–134”.

Subsec. (d)(1). Pub. L. 113–287, § 5(d)(37)(C)(i), which directed amendment of subsec. (c)(1) by striking out “; 16 U.S.C. 5982”, was executed by striking out that language after “(Public Law 105–391” in subsec. (d)(1), to reflect the probable intent of Congress.

Subsec. (d)(2). Pub. L. 113–287, § 5(d)(37)(C)(ii), which directed amendment of subsec. (c)(2) by striking out “; 16 U.S.C. 5991–5995”, was executed by striking out that language after “(Public Law 105–391” in subsec. (d)(2), to reflect the probable intent of Congress.

Subsec. (e)(1). Pub. L. 113–287, § 5(d)(37)(D)(i), struck out “(16 U.S.C. 460l–6a(i)(1))” after “accounts established under section 4(i)(1) of the Land and Water Conservation Fund Act of 1965”.

Subsec. (e)(2). Pub. L. 113–287, § 5(d)(37)(D)(ii), struck out “; 16 U.S.C. 5991–5995” after “(Public Law 105–391”.

Subsec. (e)(3). Pub. L. 113–287, § 5(d)(37)(D)(iii), struck out “; 16 U.S.C. 460l–6a” after “Public Law 104–134”.

2005—Subsec. (a). Pub. L. 109–54 inserted “(except for paragraph (1)(C))” after “and (i)”.

Statutory Notes and Related SubsidiariesEffective Date of 2005 Amendment

Pub. L. 109–54, title I, § 132(d), Aug. 2, 2005, 119 Stat. 526, provided that: “This section [amending this section and former section 460l–6a of this title and enacting provisions set out as a note under section 100904 of Title 54, National Park Service and Related Programs] and the amendments made by this section take effect as of December 8, 2004.”

Notes of Decisions

Cited in 1 case, 2010–2010 · leading case: Sherer v. United States Forest Serv., 727 F. Supp. 2d 1080 (D. Colo. 2010).

Sort: Relevance Newest Treatment

Sherer v. United States Forest Serv., 727 F. Supp. 2d 1080 (D. Colo. 2010). “See 16 U.S.C. § 6812 (b). Therefore, collection of fees on federal lands under certain circumstances has been known to the public since at least the implementation of the Fee Demonstration program in 1997, and the challenged 2005 implementation plan corroborates this conclusion…”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.