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FEDERAL WATER PROJECT RECREATION ACT By GEORGE W. WEBBER, Assistant Raglonal Dlractor U.s. Bureau of Outdoor Rec;r88tlon San Francisco, California The Federal Water Project Recreation Act, approved July 9,1965, establishes uniform policies for the inclusion of recreation and fish and wildlife enhancement developments at planned and exist- ing Federal water resources development projects. In the planning of Federal navigation, flood control, reclamation, hydroelectric, or multiple- purpose water resource project, the act establishes a general policy of the Congress of encouraging non-Federal public bodies to administer project land and water areas for recreation and fish and wild- life enhancement purposes and to operate, maintain, and replace facilities provided for these purposes. Implementation of the policies and programs established in the Federal Water Project Recrea- tion Act is accomplished primarily through the cooperative efforts of the Army Corps of Engineers, Department of Defense; the Bureau of Reclamation, Bureau of Outdoor Recreation, National Park Service, Bureau of Sport Fisheries and Wildlife, Bureau of Indian Affairs, and Bureau of Land Man- agement, Department of the Interior; and the Forest Service, Department of Agriculture. The Federal Government will bear not more than one-half the separable costs and all joint costs allocated to recreation and fish and wildlife enhancement if a non-Federal public body indicates intent in writing, prior to authorization of a Federal water resource project, that it will administer the land and water areas for recreation or fish and wildlife enhancement and will bear not less than one-half of the separable costs and all costs of operation, maintenance, and replacement. Execution of an agreement is a prerequisite to the construction of facilities. The non-Federal share of separable costs may be provided in cash, by the provision of land, interests therein, or facilities. The non-Federal share also may be repaid, with interest, within 50 years from the first use of project facilities for recreation or fish and wildlife. In the latter case, repayment may be financed entirely from entrance and users fees collected at the project by non-Federal interests. Separable costs for any project purpose are l11eas\lred by the difference between the capital cost with the purpose omitted. Joint costs are measured by the difference between the capital cost of the entire project and the sum of separable costs for all project purposes. The estimated amounts of Federal and non-Fedetal obligations for recreation and fish and wildlife developments are presented in the authorizing documents for each individual project and sub- sequently established in the agreements executed prior to project construction. However, the act does not authorize or sanction the construction under the Federal reclamation laws or under any Rivers and Harbors of Flood Control Act of any project it} which the sum of the allocations to recrea- tion and fish and wildlife enhancement exceeds the sum of the allocations to certain other project purposes, except that this limitation does not apply to certain classes of fish and wildlife benefits. In the absence of non-Federal intent to administer and share in the costs allocated to recrea- tion or fish and wildlife enhancement, facilities for these'purposes may not be included in a Federal water resource project unless they serve other project purposes and are justified thereby or are nec- essary for public health and safety. However, in such cases, lands may be provided in connection with project construction to preserve the recreation and fish. and wildlife enhancement potential of the project. If a non-Federal public body agrees within 10 years to administer such lands and to bear not less than one-half of the costs of land, facilities, and project modifications for these purposes, and to bear all costs of operation, maintenance, and replacemen~s, the Federal Government will bear the re- mainder of the costs. If no such agreement is made within 10 years, the lands reserved for recreation or fish and wildlife enhancement may be put to other juses or disposed as prescribed in the Act. -26-