78 STAT. 902. projects or combinations thereof if they are in accordance with the State comprehensive plan: (1) ACQUISITION OF LAND AND WATERS.-For the acquisition of land, waters, or interests in land or waters (other than land, waters, or interests in land or waters acquired from the United States for less than fair market value), but not including incidental costs relating to acquisition. (2) DEVELOPMENT. For development, including but not limited to site planning and the development of Federal lands under lease to States for terms of twenty-five years or more. (f) REQUIREMENTS FOR PROJECT APPROVAL; CONDITION.-Payments may be made to States by the Secretary only for those planning, acquisition, or development projects that are approved by him. No payment may be made by the Secretary for or on account of any project with respect to which financial assistance has been given or promised under any other Federal program or activity, and no financial assistance may be given under any other Federal program or activity for or on account of any project with respect to which such assistance has been given or promised under this Act. The Secretary may make payments from time to time in keeping with the rate of progress toward the satisfactory completion of individual projects: Provided, That the approval of all projects and all payments, or any commitments relating thereto, shall be withheld until the Secretary receives appropriate written assurance from the State that the State has the ability and intention to finance its share of the cost of the particular project, and to operate and maintain by acceptable standards, at State expense, the particular properties or facilities acquired or developed for public outdoor recreation use. Payments for all projects shall be made by the Secretary to the Governor of the State or to a State official or agency designated by the Governor or by State law having authority and responsibility to accept and to administer funds paid hereunder for approved projects. If consistent with an approved project, funds may be transferred by the State to a political subdivision or other appropriate public agency. No property acquired or developed with assistance under this section shall, without the approval of the Secretary, be converted to other than public outdoor recreation uses. The Secretary shall approve such conversion only if he finds it to be in accord with the then existing comprehensive statewide outdoor recreation plan and only upon such conditions as he deems necessary to assure the substitution of other recreation properties of at least equal fair market value and of reasonably equivalent usefulness and location. No payment shall be made to any State until the State has agreed to (1) provide such reports to the Secretary, in such form and containing such information, as may be reasonably necessary to enable the Secretary to perform his duties under this Act, and (2) provide such fiscal control and fund accounting procedures as may be necessary to assure proper disbursement and accounting for Federal funds paid to the State under this Act. Each recipient of assistance under this Act shall keep such records as the Secretary of the Interior shall prescribe, including records which fully disclose the amount and the disposition by such recipient of the proceeds of such assistance, the total cost of the project or undertaking in connection with which such assistance is given or used, and the amount and nature of that portion of the cost of the project or undertaking supplied by other sources, and such other records as will facilitate an effective audit. The Secretary of the Interior, and the Comptroller General of the United States, or any of their duly authorized representatives, shall 78 STAT. 903. have access for the purpose of audit and examination to any books, documents, papers, and records of the recipient that are pertinent to assistance received under this Act. (g) COORDINATION WITH FEDERAL AGENCIES.-In order to assure consistency in policies and actions under this Act, with other related Federal programs and activities (including those conducted pursuant to title VII of the Housing Act of 1961 and section 701 of the Housing 75 Stat. 183. Act of 1954) and to assure coordination of the planning, acquisition, 42 USC 1500and development assistance to States under this section with other 1500e. related Federal programs and activities, the President may issue such 73 Stat. 678; regulations with respect thereto as he deems desirable and such assist- Ante, pp. 792, ance may be provided only in accordance with such regulations. ALLOCATION OF MONEYS FOR FEDERAL PURPOSES SEC. 6. (a) Moneys appropriated from the fund for Federal purposes shall, unless otherwise allotted in the appropriation Act making them available, be allotted by the President to the following purposes and subpurposes in substantially the same proportion as the number of visitor-days in areas and projects hereinafter described for which admission fees are charged under section 2 of this Act: (1) For the acquisition of land, waters, or interests in land or waters as follows: NATIONAL PARK SYSTEM; RECREATION AREAS.-Within the exterior boundaries of areas of the national park system now or hereafter authorized or established and of areas now or hereafter authorized to be administered by the Secretary of the Interior for outdoor recreation purposes. NATIONAL FOREST SYSTEM.-Inholdings within (a) wilderness areas of the National Forest System, and (b) other areas of national forests as the boundaries of those forests exist on the effective date of this Act which other areas are primarily of value for outdoor recreation purposes: Provided, That lands outside of but adjacent to an existing national forest boundary, not to exceed five hundred acres in the case of any one forest, which would comprise an integral part of a forest recreational management area may also be acquired with moneys appropriated from this fund: Provided further, That not more than 15 per centum of the acreage added to the National Forest System pursuant to this section shall be west of the 100th meridian. THREATENED SPECIES.-For any national area which may be authorized for the preservation of species of fish or wildlife that are threatened with extinction. RECREATION AT REFUGES. For the incidental recreation purposes of section 2 of the Act of September 28, 1962 (76 Stat. 653; 16 U.S.C. 460 k-1); and (2) For payment into miscellaneous receipts of the Treasury as a partial offset for those capital costs, if any, of Federal water development projects hereafter authorized to be constructed by or pursuant to an Act of Congress which are allocated to public recreation and the enhancement of fish and wildlife values and financed through appropriations to water resource agencies. (b) ACQUISITION RESTRICTION.-Appropriations from the fund pursuant to this section shall not be used for acquisition unless such acquisition is otherwise authorized by law. FUNDS NOT TO BE USED FOR PUBLICITY SEC. 7. Moneys derived from the sources listed in section 2 of this Act shall not be available for publicity purposes. 793. 40 USC 461. Infra. 70 Stat. 394. 26 USC 6421. 70 Stat. 393. 26 USC 6412. 70 Stat. 397. 78 STAT. 904. TITLE II-MOTORBOAT FUEL TAX PROVISIONS TRANSFERS TO AND FROM LAND AND WATER CONSERVATION FUND SEC. 201. (a) There shall be set aside in the land and water conservation fund in the Treasury of the United States provided for in title I of this Act the amounts specified in section 209 (f) (5) of the Highway Revenue Act of 1956 (relating to special motor fuels and gasoline used in motorboats). . (b) There shall be paid from time to time from the land and water conservation fund into the general fund of the Treasury amounts estimated by the Secretary of the Treasury as equivalent to (1) the amounts paid before July 1, 1973, under section 6421 of the Internal Revenue Code of 1954 (relating to amounts paid in respect of gasoline used for certain nonhighway purposes or by local transit systems) with respect to gasoline used after December 31, 1964, in motorboats, on the basis of claims filed for periods ending before October 1, 1972; and (2) 80 percent of the floor stocks refunds made before July 1, 1973, under section 6412(a) (2) of such Code with respect to gasoline to be used in motorboats. AMENDMENTS TO HIGHWAY REVENUE ACT OF 1956 SEC. 202. (a) Section 209 (f) of the Highway Revenue Act of 1956 23 USC 120 note. (relating to expenditures from highway trust fund) is amended by adding at the end thereof the following new paragraph: 68A Stat. 478; 70 Stat. 387. 26 USC 4041. 70 Stat. 389. 26 USC 4081. "(5) TRANSFERS FROM THE TRUST FUND FOR SPECIAL MOTOR FUELS AND GASOLINE USED IN MOTORBOATS.-The Secretary of the Treas ury shall pay from time to time from the trust fund into the land and water conservation fund provided for in title I of the Land and Water Conservation Fund Act of 1965 amounts as determined by him in consultation with the Secretary of Commerce equivalent to the taxes received, on or after January 1, 1965, under section 4041 (b) of the Internal Revenue Code of 1954 with respect to special motor fuels used as fuel for the propulsion of motorboats and under section 4081 of such Code with respect to gasoline used as fuel in motorboats." (b) Section 209 (f) of such Act is further amended (1) by adding at the end of paragraph (3) the following new sentence: "This paragraph shall not apply to amounts estimated by the Secretary of the Treasury as paid under section 6421 of such Code with respect to gasoline used after December 31, 1964, in motorboats."; and (2) by inserting after "such Code" in paragraph (4) (C) the following: "(other than gasoline to be used in motorboats, as estimated by the Secretary of the Treasury)". Approved September 3, 1964. (over) LEGISLATIVE HISTORY: HOUSE REPORTS: No. 900 (Comm. on Interior & Insular Affairs) and No. 1847 (Comm. of Conference). SENATE REPORT No. 1364 (Comm. on Interior & Insular Affairs). July 22: Considered in House. July 23: Considered and passed House. Aug. 12: Considered and passed Senate, amended. Sept. 1: House and Senate agreed to conference report. 71-490 O-66-37 88th Congress, S. 1365 An Act To establish the Fire Island National Seashore, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) for the Fire Island purpose of conserving and preserving for the use of future generations National Sea certain relatively unspoiled and undeveloped beaches, dunes, and shore. other natural features within Suffolk County, New York, which pos- Establishment. sess high values to the Nation as examples of unspoiled areas of great natural beauty in close proximity to large concentrations of urban population, the Secretary of the Interior is authorized to establish an area to be known as the "Fire Island National Seashore". (b) The boundaries of the national seashore shall extend from the Boundaries. easterly boundary of Robert Moses State Park eastward to Moriches Inlet and shall include not only Fire Island proper, but also such islands and marshlands in the Great South Bay, Bellport Bay, and Moriches Bay adjacent to Fire Island as Sexton Island, West Island, Hollins Island, Ridge Island, Pelican Island, Pattersquash Island, and Reeves Island and such other small and adjacent islands, marshlands, and wet lands as would lend themselves to contiguity and reasonable administration within the national seashore and, in addition, the waters surrounding said area to distances of one thousand feet in the Atlantic Ocean and up to four thousand feet in Great South Bay and Moriches Bay, all as delineated on a map identified as "Fire Island National Seashore No. OGP-0002", dated June 1964. The Secretary shall file said map with the Federal Register, and it-may also be examined in the offices of the Department of the Interior. SEC. 2. (a) The Secretary is authorized to acquire, and it is the Acquisition of intent of Congress that he shall acquire as appropriated funds become land. available for the purpose or as such acquisition can be accomplished 78 STAT. 928, by donation or with donated funds or by transfer, exchange, or other- 78 STAT. 929. wise, the lands, waters, and other property, and improvements thereon and any interest therein, within the boundaries of the seashore as established under section 1 of this Act. Any property or interest therein owned by the State of New York, by Suffolk County, or by any other political subdivision of said State may be acquired only with the concurrence of such owner. Notwithstanding any other provision of law, any Federal property located within such area may, with the concurrence of the agency having custody thereof, be transferred without consideration to the administrative jurisdiction of the Secretary for use by him in carrying out the provisions of this Act. In exercising his authority to acquire property in accordance with the provisions of this subsection, the Secretary may enter into contracts requiring the expenditure, when appropriated, of funds authorized by this Act, but the liability of the United States under any such contract shall be contingent on the appropriation of funds sufficient to fulfill the obligations thereby incurred. (b) When the Secretary determines that lands and waters or inter- Publication in ests therein have been acquired by the United States in sufficient Federal Register. quantity to provide an administrative unit, he shall declare the establishment of the Fire Island National Seashore by publication of notice in the Federal Register. (c) The Secretary shall pay not more than the fair market value, as determined by him, for any land or interest therein acquired by purchase. (d) When acquiring land by exchange the Secretary may accept title to any nonfederally owned land located within the boundaries of the national seashore and convey to the grantor any federally |